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HomeMy WebLinkAbout2017-05-15 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, May 15, 2017 ♦ 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 May 1, 2017. City Council Regular - 01 May 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. Tom Parson will address Council regarding the Englewood Depot. b. Sofia Montoya, an Englewood High School student, will update Council regarding her FBLA Nationals trip. c. Lisa Speagle, an Englewood resident, will address Council regarding lack of upkeep for businesses. d. Joe Anderson, an Englewood resident, will address Council regarding Giving Heart and homeless issues. Unite Englewood Letter e. Art Emison will address Council regarding W. Adriatic Place. f. Cathy Woody, an Englewood resident, will address Council regarding a Citywide immigration policy. g. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. h. Coween Dickerson, an Englewood resident, will address Council regarding initiatives and ordinances. 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.) Page 1 of 203 Englewood City Council Regular Agenda May 15, 2017 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. 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. i. Amendment to 7-3-3(A)(ii)(c) Distancing Requirement and the addition of §7-3- 3(A)(ii)(d) exempting those with currently established residences from the application of §7-3-3. Council Bill 4 Staff recommends an amendment to the current Ordinance clarifying the exemption provision for those persons with current established residences. ii. Sign Code Amendments to the Unified Development Code (UDC). Council Bill 14 Community Development recommends that Council approve an Ordinance authorizing amendments to UDC Title 16, Chapter 6, Section 13: Signs; Title 16, Chapter 11, Section 2: Definition of Words, Terms, and Phrases; and Title 15, Chapter 16, Section 3: Signs - (Garage Sales). 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. L/E WWTP Centrifuge Variable Frequency Drive Replacement - Award of Design-Build Project L/E WWTP Centrifuge Variable Frequency Drive Replacement The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommended at its meeting on December 15, 2016 that Council approve, by Motion, the Design-Build Project Contract for the replacement of three (3) Centrifuge Variable Frequency Drives (VFDs) and associated control panels located at the L/E WWTP, in the amount of $854,910.00. ii. Resolution for a year-end supplemental appropriation to the 2016 Budget Resolution for a year-end supplemental appropriation to the 2016 Budget - Pdf Staff recommends Council approve the attached resolution for a year-end supplemental appropriation to the 2016 Budget. Page 2 of 203 Englewood City Council Regular Agenda May 15, 2017 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 203 MINUTES City Council Regular Meeting Monday, May 1, 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 7:07 p.m. 2 Invocation The invocation was given by Council Member Russell. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell. 4 Roll Call COUNCIL PRESENT: Mayor Joe Jefferson Mayor Pro Tem Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Rita Russell Council Member Steve Yates A quorum was present. COUNCIL ABSENT: None STAFF PRESENT: City Manager Keck City Attorney McKenney Brown Assistant City Manager Robinson City Clerk Ellis Acting City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Brennan, Utilities Senior Planner Stitt, Community Development Planner II Kirk, Community Development Planner II Bell, Community Development Page 1 of 9 Draft Page 4 of 203 City Council Regular May 1, 2017 Strategy and Innovation Officer Woulf, City Manager's Office Commander Watson, Police Department Technical Specialist Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of April 17, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 17, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Chief Collins and Community Relations Specialist Toni Arnoldy recognized the Englewood Police Citizens Academy Class 12 Graduates: - Amanda Arnce - Robert Carver - Christie Cotter - Matt Fiveson - Carol Harr - Dennis Hughes - Christian Kraft - Stephen Mann - Shelley R Manzano - Lynette Moore - Caren Nixon - Regina Ochoa - Travis Reece - Michael Rittner - Darryl Rittner - Brian Simons Page 2 of 9 Draft Page 5 of 203 City Council Regular May 1, 2017 - Frank Tsu - Brianna Verbeck - Marc Williams - Cathye Woody b) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. c) Coween Dickerson, an Englewood resident, addressed Council regarding communications. 7 Recognition of Unscheduled Public Comment a) Rhonda Filetti, an Englewood resident, addressed Council regarding a fence permit and the City Code. b) Liz Weber, an Englewood resident, addressed Council regarding a fence permit and the City Code. c) Ida May Nicholl, an Englewood resident, addressed Council regarding the Veterans Memorial. d) Dahna Clarke, an Englewood resident, addressed Council regarding undocumented residents. e) Richard Hess, an Englewood business owner, addressed Council regarding the increasing homeless issues affecting the City. f) Dave Cheadle, an Englewood business owner, addressed Council regarding his non-profit organization to help the homeless in the City. 8 Communications, Proclamations, and Appointments There were no communications, proclamations, or appointments. 9 Consent Agenda Items Moved by Council Member Rick Gillit, seconded by Council Member Linda Olson to approve Consent Agenda Items 9 (b) (i - iii) and 9 (c) (i). Council Member Laurett Barrentine removed Agenda Item 9 (b) (ii) from Consent Agenda. Council Member Rita Russell removed Agenda Items 9 (c) (i) from Consent Agenda. a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 11 (a) (i)) b) Approval of Ordinances on Second Reading. Page 3 of 9 Draft Page 6 of 203 City Council Regular May 1, 2017 i) Historic Preservation Commission Ordinance ORDINANCE NO. 27 (COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW CHAPTER 15, ESTABLISHING THE ENGLEWOOD HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. ii) Budget Advisory Committee Term Extension Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] ORDINANCE NO. 29 (COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AMENDING TITLE 2, CHAPTER 14, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE BUDGET ADVISORY COMMITTEE. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 1 0 Motion CARRIED. iii) M.O.U. State of Colorado and City of Englewood D.T.R.S. updates ORDINANCE NO. 28 (COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO GOVERNOR’S OFFICE Page 4 of 9 Draft Page 7 of 203 City Council Regular May 1, 2017 OF INFORMATION TECHNOLOGY AND THE CITY OF ENGLEWOOD, COLORADO. c) Resolutions and Motions i) Council Travel to CML Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Motion to approve Council travel to CML Conference being held June 20 - 23, 2017 in Breckenridge, CO. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items a) Sign Code Amendments to the Unified Development Code (UDC) Public Hearing. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO OPEN THE PUBLIC HEARING FOR SIGN CODE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Page 5 of 9 Draft Page 8 of 203 City Council Regular May 1, 2017 Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 0 Motion CARRIED. All testimony was given under oath. Planner II Brook Bell presented information regarding the Sign Code Amendments and answered questions from Council. No one provided public comment. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO CLOSE THE PUBLIC HEARING FOR SIGN CODE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Grant of City Ditch Easement at 3650 South Broadway Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE FOR A GRANT OF AN EASEMENT AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO’S Page 6 of 9 Draft Page 9 of 203 City Council Regular May 1, 2017 ACCEPTANCE OF A CITY DITCH EASEMENT LOCATED AT 3650 S. BROADWAY FROM CHERRY HILLS APARTMENTS, LLC. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) General Obligation Bond for Englewood Police Headquarters Building Moved by Council Member Steve Yates Seconded by Council Member Rick Gillit ORDINANCE NO. 30 (COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS APPROVED BY THE CITY’S VOTERS ON NOVEMBER 8, 2016, TO FINANCE CAPITAL IMPROVEMENTS AND AUTHORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION THEREWITH; AND APPROVING DOCUMENTS RELATING TO THE BONDS. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Seconded By) x Steve Yates (Moved By) x 5 2 0 Motion CARRIED. Page 7 of 9 Draft Page 10 of 203 City Council Regular May 1, 2017 c) Resolutions and Motions There were no additional resolutions or motions (See Agenda Item 9 (c) (i).) 12 General Discussion a) Mayor's Choice i) Executive Session - A conference with the City Attorney for the purpose of receiving legal advice on specific legal questions and proceedings pursuant to C.R.S. Section 24-6-402(4)(b). Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO MOVE INTO EXECUTIVE SESSION WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS AND PROCEEDINGS PURSUANT TO C.R.S. SECTION 24-6-402(4)(b). The meeting recessed at 8:52 p.m. for a break. The meeting reconvened at 8:59 p.m. with all Council Members present. Vote on the motion to move into executive session. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 8:59 p.m. to go into Executive Session. The meeting reconvened at 9:51 p.m. with all Council Members present. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates Page 8 of 9 Draft Page 11 of 203 City Council Regular May 1, 2017 TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:14 p.m. Acting City Clerk Page 9 of 9 Draft Page 12 of 203 P.O. Box 175 Englewood, CO 80151 May 10, 2017 Englewood City Council 1000 Englewood Parkway Englewood CO, 80110 Dear Council Members, Thank you for the opportunity to address you. We are Unite Englewood, an alliance of churches and ministries operating in Englewood. We understand that serving on council is often difficult and thankless work, so we want to begin by thanking you for your public service. While we’re all occupied with our respective churches and ministries, several of us also keep an eye on city affairs, and you are often in our prayers. We have noticed that as a council you have been careful not to rush into decisions but have taken time to hear out all sides and make decisions with long-term good of the city in mind. We’re writing now because we want to draw the council’s attention to the problem of homeless- ness in our community. With housing costs skyrocketing, 25% of Colorado renters spend more than 50% of their income on rent. The average waiting list time for affordable housing is 2-5 years. And as much as we’d all like to believe that “Get a job!” is the whole answer — it’s not. In March, Colorado Public Radio reported that 30% of Denver’s homeless population is working full time. We want to see homelessness ended in our community. Period. To that end, we work with Giv- ing Heart to connect our homeless population with day-labor opportunities, job training, and, through Housing 180, transitional housing. The churches supply volunteers, funds, and network- ing, but Giving Heart provides overall leadership and functions as a clearinghouse for connecting our homeless folks with the resources to really change their situation. To meet urgent needs in the meantime, our churches also operate food banks and provide meals, so people don’t starve. In cooperation with the Severe Weather Shelter Network, we house people on the worst nights of the year, so they don’t freeze to death on the sidewalk. We offer medical care, treating simple problems before they compound and cost thousands of dollars at the ER. None of this comes cheap. Our people give sacrificially of their time, energy, and money to make these things happen. We are doing what we can, but the problem is way bigger than us. We need the city’s cooperation. We’ve been able to work closely with the city on the Neighborhood Rehab Project and other initiatives; we’d like to have that same kind of working relationship on this. Frankly, helping a homeless person to become self-sufficient — job, apartment, and the habits to Page 13 of 203 sustain a productive life — is a lot harder than cleaning up brush on someone’s property. But that’s all the more reason for us to work together. Nobody’s going to solve this one on their own. We thank God for you as our city council, and we are particularly grateful for your track record of careful consideration and deliberate action. We are here to work with you in tackling this difficult problem. May God give us all wisdom and discernment as we work together. Blessings, Unite Englewood Pastors and Churches: Englewood City Council Page 2 May 10, 2017 Joe Anderson Unite Englewood Chris Carr Spirit of Hope United Methodist Dave Cheadle Centerpoint Community Bart Ford The Lighthouse Mark Hallock Calvary Englewood Nathan Hoag The Sacred Grace Englewood Tim Nichols Unite Englewood Peder Olson The Lighthouse Dan Richie Sanctuary Christian Fellowship Jeremy Sault Mosaic Church Billy Waters Wellspring Englewood Harvey Wittmier Crossfire Church Page 14 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: May 15, 2017 SUBJECT: Amendment to 7-3-3(A)(ii)(c) Distancing Requirement and the addition of §7-3-3(A)(ii)(d) exempting those with currently established residences from the application of §7- 3-3. DESCRIPTION: Amendment to 7-3-3(A)(ii)(c) Distancing Requirement and the addition of §7-3-3(A)(ii)(d) exempting those with currently established residences from the application of §7-3-3. RECOMMENDATION: Staff recommends an amendment to the current Ordinance clarifying the exemption provision for those persons with current established residences. PREVIOUS COUNCIL ACTION: In 2006 the Englewood City Council passed an Emergency Ordinance addressing the residency of convicted sex offenders who must register with the State of Colorado as part of their probation requirements. On February 6, 2017, a Bill for an Ordinance passed on first reading and a public hearing was held on February 21, 2017. On March 6, 2017, an Ordinance passed on second reading reducing the distancing restriction from two thousand feet (2,000') to one thousand feet (1,000') from any school, park or playground for any convicted sex offender required to register. SUMMARY: In 2006, the City Council of Englewood adopted Ordinance No. 34, codified as E.M.C. 7-3-3, establishing distance requirements between those areas where children congregate and the residences of persons identified as sexually violent predators pursuant to C.R.S. 18-3-414.5, and persons required to register under the Colorado Sex Offender Registration Act, C.R.S. 16- 22-101 for offenses arising to a felony level or multiple offenses requiring registration. In 2016, at the request of citizens, the City Council reviewed the distance requirement. Following testimony from interested persons, the City Council approved an amendment to §7-3-3(A)(ii)(c) reducing the distance requirement to one thousand feet (1000’) and the addition of §7-3- 3(A)(ii)(d) exempting those with currently established residences from the application of §7-3-3. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Page 15 of 203 Ordinance Page 16 of 203 1 BY AUTHORITY ORDINANCE NO. 10 COUNCIL BILL NO. 4 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, SECTION 3, SUBSECTION A, PARAGRAPH ii, PROHIBITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WHICH PERTAINS TO PROHIBITED RESIDENCY OF SEX OFFENDERS DISTANCE RESIDENCE REQUIREMENTS. WHEREAS, the Englewood City Council approved the passage of an Emergency Ordinance No. 34, Series 2006, which addressed the residency requirements of convicted sex offenders who must register with the State of Colorado as part of their probation requirements; and WHEREAS, over the past six months City Council has heard from members of the community regarding the current Sex Offender Ordinance, specifically the distancing requirement; and WHEREAS, City Council discussed changes to the Ordinance at several Study Sessions, including who the Ordinance would apply to; adding an appeal process or individual assessment procedure and reducing the current Ordinance distances; and WHEREAS, on December 12, 2016 the Englewood City Council came to a consensus to amend the distancing requirement to any school, park, or playground from Two Thousand Feet (2,000) to One Thousand Feet (1,000); and WHEREAS, on February 21, 2017 the Englewood City Council held a public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 7, Chapter 3, Section 3, Subsection A, Paragraph (ii), Subparagraph (c) entitled Prohibitions, of the Englewood Municipal Code 2000, to read as follows: 7-3-3: - Prohibitions. A. It shall be unlawful for: i. Any person who has been found to be a sexually violent predator pursuant to 18-3-414.5 C.R.S.; or ii. Any person required to register under the Colorado Sex Offender Registration Act, C.R.S. Section 16-22-101, et. seq. who has been: a. Convicted of a felony for an offense requiring registration; or Page 17 of 203 2 b. Has multiple convictions for offenses requiring registration; or c. Whose offense(s) requiring registration involved multiple victims to establish a permanent residence or temporary residence within two one thousand feet (2 1,000') of any school, park, or playground or within one thousand feet (1,000') of any licensed day care center, recreation center or swimming pool (other than pools located at private, single- family residences), or any property located adjacent to any designated public or private school bus stop, walk-to-school route, or recreational trail. d. Persons otherwise subject to this Act who had established a residence which would be in violation of the distance requirements set forth in subsection (c) above on or before the effective date of this Ordinance, are hereby exempted from the provisions set forth herein in relation to such residence. B. It is unlawful to let or rent any portion of any property, place, structure, trailer or other vehicle with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Chapter. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Page 18 of 203 3 Introduced, read in full, and passed on first reading on the 6th day of February, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of February, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of February, 2017 for thirty (30) days. A Public Hearing was held on February 21, 2017. Read by Title, amended, and passed as amended on second reading on the 6th day of March, 2017. Published by Title in the City’s official newspaper as Ordinance No. 10, Series 2017, on the 9th day of March, 2017. Published by Title on the City’s official website beginning on the 8th day of March, 2017 for thirty (30) days. Published by Title in the City’s official newspaper as an amended Bill for an Ordinance No. 4, Series 2017, on the 20th day of April, 2017. Published in full as an amended Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Read by Title and passed on final reading on the 15th day of May, 2017. Published by Title in the City’s official newspaper as Ordinance No. 10, Series 2017, on the 18th day of May, 2017. Published by Title on the City’s official website beginning on the 17th day of May, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk Page 19 of 203 4 I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 10, Series of 2017. Stephanie Carlile Page 20 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brook Bell DEPARTMENT: Community Development DATE: May 15, 2017 SUBJECT: Sign Code Amendments to the Unified Development Code (UDC). DESCRIPTION: Sign Code Amendments to the Unified Development Code (UDC). RECOMMENDATION: Community Development recommends that City Council approve an Ordinance authorizing amendments to UDC Title 16, Chapter 6, Section 13: Signs; Title 16, Chapter 11, Section 2: Definition of Words, Terms, and Phrases; and Title 15, Chapter 16, Section 3: Signs - (Garage Sales). PREVIOUS COUNCIL ACTION: City Council held a Pubic Hearing to consider public testimony on the proposed amendments at their May 1, 2017 meeting. SUMMARY: In 2012, the Sign Code was entirely rewritten with significant input from the Planning and Zoning Commission, citizens, and the business community. Two public forums were conducted and in September of 2012, City Council adopted the amended sign code. In June of 2015, the U.S. Supreme Court made a ruling on content based sign codes in the case of Reed v. Town of Gilbert, Arizona. The ruling impacts numerous municipal sign codes, including the City of Englewood’s code. In the case of Reed v. Town of Gilbert, the Supreme Court held that portions of the Town of Gilbert’s Sign Code violated the First Amendment of the US Constitution. In particular, the court ruled that a section of the Sign Code treating various types of signs differently based upon the information they contained, was unconstitutional. As a result of this decision, many municipalities are reviewing their sign codes to ensure that they are content neutral and that First Amendment rights are not violated. Community Development staff and the City Attorney’s Office reviewed Englewood’s existing Sign Code and identified existing regulations that may be problematic based on staff’s understanding of the Reed case. On July 19, 2016 and August 16, 2016 the Planning and Zoning Commission held a public hearing for the proposed Sign Code amendments and voted 5-0 to forward the proposed amendments to City Council with a favorable recommendation for adoption. Page 21 of 203 ANALYSIS: The specific issue in the Reed v. Town of Gilbert case focused on differing regulations for temporary directional signs compared to other temporary signs, such as political and ideological signs. While cities may regulate the “time, place, and manner” of signs, the content of signs cannot be regulated. In other words, if one needs to read the sign in order to understand what type of sign it is, then the regulation may be unconstitutional. The City may still regulate signs based on time, manner, and place; including sign size, material, and location. The signs within the existing code that are most affected by the Supreme Court decision are "temporary" or "incidental" signs. PROPOSED AMENDMENTS Proposed amendments to UDC Section 16-6-13: Signs; 16-11-2: Definition of Words, Terms, and Phrases; and Englewood Municipal Code (EMC) Section 15-16-3: Signs - (Garage Sales) are included in the attached Bill for an Ordinance for Council’s consideration. At the first reading of the Bill for an Ordinance on April 17, 2017 Council noted two items that needed to be corrected in the Ordinance. The code citations and corresponding corrections are shown below. Page 16 of the Ordinance, 16-6-13:E.2.c.(2) Non-electronic message display (EMC) signs illuminated at night shall not exceed a maximum luminance level of seven hundred fifty (750) candelas per meter squared (cd/m2), regardless of the method of illumination. Measurement shall be in candelas per meters squared (the luminous intensity of a sign in a specific direction divided by the area of the sign). Page 36 of the Ordinance, 16-6-13:G.1.a. Purpose. The purpose of allowing certain on-site accessory signs and advertising devices includes: 1. Recognizing and accommodating the business community's desire for economical short- term signage that can be easily installed, changed, or moved to meet limited advertising needs; and 2. Maintaining an aesthetically pleasing environment by minimizing sign clutter. For the purposes of brevity and clarity, the amendments to UDC Section 16-11-2: Definition of Words, Terms, and Phrases only include definitions that are related to signs. FINANCIAL IMPLICATIONS: The proposed Sign Code amendments will not have any financial impact on the City of Englewood. ATTACHMENTS: Planning and Zoning Commission Minutes – August 16, 2016 Planning and Zoning Commission Findings of Fact – August 16, 2016 Ordinance Page 22 of 203 MINUTES Planning and Zoning Commission Meeting Tuesday, August 16, 2016 1000 Englewood Pkwy – Council Chambers 7:00 PM 1.Call to Order The meeting was called to order at 7:05 p.m. 2.Roll Call Present: Brick, Coleman, Fish Kinton, Pittinos, Austin Absent: Bleile, Freemire, Townley, Madrid (All Excused) Staff: Brook Bell, Planner II, Community Development 3.Approval of Minutes Planning and Zoning Commission Minutes August 2, 2016 a.Kinton moved; Coleman seconded: To approve the minutes of August 2, 2016 as written. Ayes: Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: Brick Absent: Bleile, Freemire, Townley, Madrid Motion carried. 4.Public Hearing Case 2016-03 (Continued) Amendments to the Unified Development Code Sign Regulations - Continued a. Fish moved; Pittinos seconded: To re-open the Public Hearing for Case 2016-03 Amendments to the Unified Development Code relating to Sign Regulations Ayes: Brick, Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: None Absent: Bleile, Freemire, Townley, Madrid Motion carried. Staff Presentation Brook Bell, Planner II, was sworn in. Mr. Bell reviewed the changes that are proposed to the sign code. The proposed revisions were made based on Page 23 of 203 Planning and Zoning Commission August 16, 2016 2 the Supreme Court case Reed vs. the Town of Gilbert, Arizona that prohibits regulation of signage based on content. Public Testimony No members of the public attended the meeting. Discussion Mr. Brick stated that he feels that staff and the Commissioners have sufficiently revised the sign code regulations to meet the requirements of the Supreme Court decision in Reed vs. the Town of Gilbert, Arizona, regarding content based sign regulations. Mr. Pittinos expressed concern over garage sale signs; Mr. Bell stated that garage sign code regulations are in Chapter 15 of the UDC and will be addressed internally with the City Attorney’s office. Brick moved; Fish seconded: To close the Public Hearing for Case 2016-03 Amendments to the Unified Development Code relating to Sign Regulations Ayes: Brick, Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: None Absent: Bleile, Freemire, Townley, Madrid Motion carried. Pittinos moved; Brick seconded: To forward Case 2016-03 Amendments to the Unified Development Code relating to Sign Regulations to City Council with a favorable recommendation. Ayes: Brick, Coleman, Fish, Pittinos, Kinton Nayes: None Abstain: None Absent: Bleile, Freemire, Townley, Madrid Motion carried. 5.Public Forum No members of the public were present at the meeting. 6.Staff's Choice Page 24 of 203 Planning and Zoning Commission August 16, 2016 3 Mr. Bell did not have anything further for the Commission. The next meeting will be September 7th. The discussion regarding commercial requirements in the MU-B-2 and MU-B-3 zone districts will continue. 7.Attorney's Choice Interim City Attorney Comer was not present. 8.Commissioner's Choice Mr. Kinton expressed interest in conducting joint meetings with other boards and commissions. Mr. Fish asked when the Commission will discuss Accessory Dwelling Units (ADUs). Mr. Bell answered that staff has been directed to work on other issues and resume discussion of ADUs once the Comprehensive Plan has been adopted. Mr. Brick suggested that representatives from the Police Department attend a meeting to address crime prevention. 9.Adjournment The meeting adjourned at 7:50 p.m. _/s/ Julie Bailey__, Recording Secretary Page 25 of 203 Page 26 of 203 Page 27 of 203 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 14 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13: SIGNS; TITLE 16, CHAPTER 11, SECTION 2: DEFINITION OF WORDS, TERMS, AND PHRASES; AND TITLE 15, CHAPTER 16, SECTION 3: SIGNS OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, on September 12, 2012 Englewood City Council adopted Ordinance No. 47, Series of 2012 authorizing amendments to Title 16, Chapter 6, Section 13 entitled Signs in the Unified Development Code; and WHEREAS, in June 2015, the U.S. Supreme Court ruled in Reed v. Town of Gilbert, Arizona that portions of content-based sign codes violate the First Amendment. The ruling impacted numerous municipal sign codes, including the City of Englewood’s sign code; and WHEREAS, the Supreme Court held that treating various signs differently based on the information or message conveyed was a violation of the First Amendment to the United States Constitution; and WHEREAS, to bring the City of Englewood sign code into compliance with the ruling in Gilbert, the proposed amendments were made and given to the Englewood Planning and Zoning Commission; and WHEREAS, on July 19 and August 15, 2016, the Englewood Planning and Zoning Commission held a public hearing on the proposed sign code amendments and voted 5-0 to forward the proposed amendments to the Englewood City Council with a favorable recommendation for adoption. WHEREAS, on May 1, 2017 the Englewood City Council held a public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 13 entitled Signs of the Englewood Municipal Code 2000, to read as follows: 16-6-13: Signs A. Administration. This Section of the Englewood UDC shall be known and hereafter referred to as the "Englewood Sign Code" or "Sign Code." Page 28 of 203 2 The City of Englewood recognizes that signs are a useful means of visual communication for the convenience of the public and for the efficient communication of commercial and noncommercial speech. The City is also aware of public concern for adopting and enforcing sound practices, including the control of signs, to protect public safety and welfare, as well as the appearance and economic value of the City's visual environment. 1. Purpose. It is the purpose of this Section to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements on the premises where such signs are located. These sign regulations are intended to: a. Provide a reasonable balance between the right of individuals and businesses to identify and support themselves and the right of the public to be protected against the visual discord resulting from unrestricted proliferation of signs and similar devices. b. Encourage signs that are well-designed, legible, constructed of durable materials appropriate to an urban setting and appropriate to the uses permitted as well as compatible with their surroundings. c. Protect the public from hazardous conditions that result from signs that obscure the vision of motorists, and/or compete or conflict with necessary traffic regulatory devices. d. Provide procedures for the administration of this Section. e. Require that signs which advertise or identify a use or a business no longer in operation be terminated. f. e. Ensure that the constitutionally guaranteed right of free speech is protected. 2. Applicability. a. These regulations shall apply to all new signs erected or installed after the effective date of this Section and shall govern and control the display, construction, erection, alteration, remodeling, enlarging, moving or maintenance of all signs permitted within the City. b. A sign may be erected, altered and maintained only for a permitted use in the district in which the sign is located. c. Signs shall be located on the same parcel as the permitted use. d. b. If there is a conflict between the regulations in this Section and any other ordinance or regulation, the more stringent regulation shall apply. 3. Sign Permits. a. Sign Permit Required. A Sign Permit shall be required to display, erect, construct, move, or alter any sign in the City except: Page 29 of 203 3 (1) Signs exempt from Sign Permits in compliance with Section 16-6-13(B) EMC (Incidental Signs Allowed Without Sign Permit). (2) On-site accessory signs and advertising devices pursuant to 16-6-13(G)(1) EMC (On-Site Accessory Signs and Advertising Devices). (3) Changing or replacing the copy on an existing sign, provided the copy change does not change the shape, size, location or nature of the sign or sign support, or render the sign in violation of this Section. (4) Maintenance on an existing sign provided no structural changes are made to the sign. b. Sign Permit Alterations. When a Sign Permit has been issued by the City, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said Permit without prior approval of the City. (1) If a sign is found not to be in accordance with the terms or conditions of an approved Sign Permit, the City shall issue a Correction Notice. The applicant shall have five (5) days to bring the sign into compliance. c. Application for Sign Permit. Application for a Sign Permit shall be made on forms furnished by the City. The application shall be accompanied by a site plan and detailed drawings indicating the dimensions, location, engineering standards and other information as required specified in the Englewood Illustrated Sign Manual. d. Sign Permit Review. The City shall, within five (5) working days of the date of the Sign Permit application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished. (1) Appeals. Appeals relating to Sign Permits shall be made to the Board of Adjustment and Appeals pursuant to 16-2-18 EMC – (Appeals), except under those Subsections whereby the Planning and Zoning Commission is authorized to hear an appeal. e. Sign Permit Fees. A permit fee, in accordance with the fee schedule established by City Council, shall be paid to the City for each Sign Permit issued under this Section. 4. Enforcement. It shall be unlawful to display, construct, erect, alter, remodel, enlarge, move, or maintain a sign in violation of the provisions of this Section. If any sign is found to be in violation of the provisions of this Section, such violation shall constitute a nuisance to be abated in the manner provided in 16-10 EMC – (Enforcement and Penalties). 5. Sign Maintenance. Sign maintenance is the repair or replacement in-kind of individual sign components including copy panels and bulbs, paint or other finishes. This definition shall not include the replacement of metal or wood cabinets, structural faces, supporting structural members, primary uprights, posts and poles, electrical wiring, or the sign in its entirety. a. Every sign, including signs not requiring a Sign Permit and nonconforming signs, shall be maintained in a neat and orderly condition, and in good working order at all times. Page 30 of 203 4 b. Responsible Party. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign. 6. Inactive Signs. Any sign identifying or advertising a business, owner, tenant, product, service or activity that has not been located on the premises for a period of thirty (30) days or more shall be declared an inactive sign. a. Inactive signs shall be removed, covered or have their copy obscured. b. Inactive signs shall be subject to enforcement provisions of Section 16-10 EMC - (Enforcement and Penalties). c. Responsible Party. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally responsible for the removal, covering or obscuring of an inactive sign. 7. 6. Nonconforming Signs. See Section 16-9-5 EMC – (Nonconforming Signs). 8. 7. Sign Variances. See Section 16-2-16(F)(2) EMC – (Sign Code Variances). 9. 8. Substitution Clause. To ensure commercial and non-commercial signage is afforded equal protection under the Englewood Municipal Code, any sign authorized in this Section may contain either commercial or non-commercial copy. 10. 9. Sign Definitions. See Section 16-11-2 EMC – (Definition of Words, Terms and Phrases). Note: Many terms are listed under the word “Sign”, i.e. Sign, Awning or Sign, Ground. B. Incidental Signs Allowed Without Sign Permit. The following signs are allowed in all zone districts and are exempt from the Sign Permit requirements of Subsection 16-6-13(A)(3) – EMC (Sign Permits). Such signs shall be in addition to all other signs permitted in any zone district in which they are located, provided such signs meet the conditions of this Subsection. Any sign not meeting the conditions of this Subsection shall require a Sign Permit and shall be included in the calculations for total allowable sign area and maximum sign number. Incidental signs allowed without a Sign Permit shall not conflict with traffic regulatory devices; be located within a sight distance triangle; extend or project over any property line, or into the public right-of-way. In addition such signs, except holiday decorations and scoreboards, shall not flash, blink, or fluctuate and shall not be animated. 1. Address. Signs identifying the address of a dwelling unit or of an establishment: a. All Residential Districts. Maximum two (2) square feet in area. b. Medical, Business, and Industrial Districts. Maximum thirty-two (32) square feet in area. 2. Bulletin Boards and Kiosks. Bulletin boards and kiosks for public, charitable, or religious institutions, Properties with a minimum of 24,000 square feet of lot area in Residential Zone Districts, or any size property within Medical, Commercial, or Industrial Zone Districts, may Page 31 of 203 5 have one (1) bulletin board or kiosk which are is not over twelve (12) square feet in area, and which are is located on the premises of said institutions. 3. Café Table Umbrellas. 4. Cornerstones and Plaques. Cornerstones cut into a masonry surface or inlaid so as to be part of the building. Commemorative plaques or tablets memorializing a person, event, structure, or site. 5. Drive-Thru Menu Boards Signs. A use with a drive-thru facility may have two (2) menu board signs along the drive-through lane, provided that each menu board sign is limited to one face and shall not: a. Exceed eight feet (8’) in height, and b. Exceed thirty-five (35) square feet in area. 6. Election Signs. Election signs shall not be posted more than forty-five (45) calendar days prior to the election to which the sign relates, and shall be removed within fifteen (15) calendar days following the election to which the sign relates. Such signs are limited to wall, window, and ground signs; and shall not be a banner or paper or cloth. Each election sign shall not exceed twelve (12) square feet of total sign area. 7. 6. Flags. Flags of nations or an organization of nations, states, and cities, provided such flags: a. Shall not exceed thirty-five (35) square feet in area, b. Total number of exempt flags shall not exceed five (5) flags. 8. Garage Sale Signs. Signs pursuant to Section 15-16-3 EMC - (Signs). 9. Holiday Decorations. Signs in the nature of decorations, clearly incidental and commonly associated with any national, local or religious holiday. 10. Ideological Signs. Ideological signs not more than twelve (12) square feet in total sign area. Such signs are limited to not more than two (2) per lot. 11. 7. Illuminated Buildings in Non-Residential Districts. Providing no signs, symbols, letters, figures, identifying a name, service, or product, are included in the illumination. 12. Job Site Signs. Signs not more than six (6) square feet in area per face in Residential zones and not more than thirty-two (32) square feet in area in Medical, Business and Industrial zones for the duration of work on site. One such sign shall be allowed per street frontage. 13. 8. Miscellaneous non-illuminated signs on walls, windows and doors one (1) square foot or less in area. Examples of such signs include but are not limited to; open, credit cards accepted, business hours, business associations, home occupations, and similar customer courtesy information. Page 32 of 203 6 14. 9. On-Site Informational Signs and Regulatory Signs. Including but not limited to; signs Signs that provide instructions as required by law, by necessity, or for the convenience of visitors shall be interpreted to include such signs as “no smoking,” “restrooms,” “no solicitors,” “self-service,” “no trespassing” and similar informational signs provided such signs do not exceed six (6) four and one-half (4.5) square feet in area. Such signs are limited to two (2) signs in Residential Zone Districts and six (6) signs in Medical, Commercial, or Industrial Zone Districts. 15. 10. Private Parking or Traffic Direction Signs. Signs giving Including but not limited to; signs that provide parking or traffic directions or restrictions provided such signs: a. Are limited to wall and ground signs, b. Are not more than six (6) square feet in area per face, c. Are not more than six feet (6') in height above grade. 16. 11. Safety/Warning Signs. Signs warning of danger or hazardous conditions or to indicate the presence of underground cables, gas lines, and similar devices, provided such sign does not exceed six (6) square feet in area. 17. Sale, Lease, or Rent Signs. Signs that advertise the sale, lease, or rental of the premises upon which said signs are located shall comply with the following standards of Table 16-6- 13.1 below: TABLE 16-6-13.1 SALE, LEASE, RENT SIGN STANDARDS Zone District Use Maximum Number Maximum Size (Sf) R-1-A, R-1-B, R-1-C, R-2- A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C Residential 1 6 Non-residential 1 6 MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 Residential 1 6 Business and Industrial 2 Street frontage < 100 ft: 24 Street frontage > 100 ft: 32 PUD Per individual PUD standards 18. 12. Scoreboards. Scoreboards located on athletic fields. 19. 13. Signs Within Buildings. Signs within buildings that do not meet window sign specifications of Table 16-6-13.3A EMC – (Permitted Principal Building Signs). 20. 14. Vehicle Consumer Information Signs on cars, trucks, or other vehicles. Signs on cars, trucks, or other vehicles displayed in commercial sales lots which may give information Page 33 of 203 7 including but not limited to: as to price, mileage, or similar information, provided such sign does not exceed six (6) square feet in area. 21. 15. Vending Machines, including fuel dispensers, and collection boxes. 22. 16. Works of Art. Works of art, pursuant to 16-11-2(B) EMC – (Definition of Words, Terms, and Phrases), including but not limited to: non-commercial art, painted images, integral decorative or architectural features of buildings that do not contain the name or logo of any business shall be allowed, provided: a. No language, symbols, or depictions that are known by or could reasonably be suspected by law enforcement to be associated with or representative of documented criminal street gangs, suspected or alleged criminal organizations, or suspected criminal activity is included or contained within the work of art. b. Murals shall be located on building walls only and shall not contain an electronic display. Mural images may extend across doorways of buildings. c. A work of art may include a sign of no more than two (2) square feet identifying the artist. 23. 17. Pennants, streamers, fringes, balloons and similar devices. 24. 18. Other Incidental Signs. Signs other than those listed above may be declared incidental by the City Manager or designee upon review and a determination that the proposed sign has similar characteristics and impacts as those listed herein. 19. Incidental Temporary Signs Allowed Without A Sign Permit. Temporary signs on the premises upon which said signs are located shall comply with the following standards of Table 16-6-13.1 below: Page 34 of 203 8 TABLE 16-6-13.1 INCIDENTAL TEMPORARY SIGNS ALLOWED WITHOUT A SIGN PERMIT Type Zone Districts Maximum Number Maximum Size (sf) Additional Regulations Type 1 Temporary Site Signs. All One per 1,000 square feet of lot area. 12 6 Signs shall not be posted more than forty-five (45) calendar days prior to an election involving including but not limited to: signs associated with elections that may involve candidates or issues for the federal, state, or local district in which the property is located. Such sign(s) shall be removed within fifteen (15) calendar days following the election. Such signs are limited to wall, window, and ground signs; and shall not be a banner or paper or cloth. Type 2 Temporary Site Signs. All NA 18 inches x 18 inches Signs pursuant to Section 15-16 EMC – (Garage Sales) Type 3 Temporary Site Signs. Residential One per street frontage. 6 Signs on properties with an active Building Permit issued by the City of Englewood for the duration of work on site. Medical, Business, and Industrial One per street frontage. 32 Type 4 Temporary Site Signs. R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C 1 6 Signs on properties actively offered for sale, lease, or rent. Residential uses in MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 1 6 Non-residential uses in MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 2 Street frontage < 100 ft: 24 Page 35 of 203 9 Street frontage > 100 ft: 32 PUD Per individual PUD standards Type 5 Temporary Site Signs. All NA NA Signs in the nature of decorations, clearly incidental and commonly associated with a holiday. Type 6 Temporary Site Signs. Non-residential uses in MU-B-1, MU-B-2, M-1, M-2, TSA, I-1, I-2 NA NA Signs as defined in the City’s policy on sidewalk sales. Page 36 of 203 10 C. Prohibited Signs and Other Prohibitions. The following are inconsistent with the purposes and standards of this Chapter; are prohibited in all zone districts and shall not be the subject of a variance application. 1. Billboards Signs over 125 square feet in area, unless the sign is a legal non-conforming sign (see 16-9-5 Nonconforming Signs). 2. Off-premise signs (also known as third-party signs). 3. 2. Vehicular signs Signs on vehicles, except signs permanently affixed, painted, or magnetically applied. No sign shall be placed or erected in the bed of a truck or on the deck of a trailer or a truck; nor shall such vehicles. No vehicle upon which a vehicular sign is affixed shall be parked on private property or in the public right-of- way for the primary purpose of directing or attracting the attention of the public to any person, institution, organization, business, product, service, event or location. a. This Subsection shall not apply to: (1) Vehicles operated in the normal course of business or parked or stored in the normal course of business in an area appropriate to the use of the vehicle for delivery or another commercial purpose. (2) Mobile advertising signs on vehicles legally in transport on a public road-way. 4. 3. Roof Signs. Existing roof signs permitted and approved under a previous Code or approved under South Broadway Sign Area standards effective from July 10, 2000 to the effective date of this Title shall be grandfathered and considered legal conforming signs. 5. 4. Additionally, the following signs and devices are prohibited: a. Any sign not in compliance with sight distance standards of 16-6-13(E)(1) EMC – (Visibility). b. Signs on fences or freestanding walls, unless an integral part of the fence or wall, and meet all requirements of this Section. c. Strobe lights. d. Flashing, blinking signs. e. Any principal sign that does not meet material standards of Section 16-6- 13(F)(5) EMC (Prohibited Principal Sign Materials). f. Any sign that imitates or resembles an official traffic control device or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or signal. g. Any sign that constitutes a hazard to public safety. Page 37 of 203 11 h. Snipe Signs. Any sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, utility poles, traffic devices, or similar objects. It shall be prima facie evidence that the business or service identified on the sign has erected or caused the sign to be erected. i. Any sign that interferes with a fire escape, window, door, or opening used or required as a means of egress or ingress. D. Signs in the Public Right-of-Way. 1. Signs Not Requiring a Sign Permit. The following signs are allowed without a Sign Permit provided they meet all requirements of the EMC: a. Signs required or specifically authorized for a public purpose, including traffic control signs and street signs. b. Signs Type 6 temporary site signs placed by an individual who is associated with a for City-approved sidewalk sale pursuant to a public sidewalk sale as defined in the City’s policy on sidewalk sales this Title. c. Signs Type 2 temporary site signs placed by an individual who is associated with a for garage sale pursuant to Section 15-16-3 EMC – (Signs Garage Sales). d. Human Signs pursuant to 16-6-3(G)(2) EMC – (Human Signs). 2. Signs Requiring a City License or Agreement. a. District Identification Banners. City owned banners or banners authorized by City License affixed to streetlights in the right-of-way for the purpose of identifying a District, and/or its various events. This shall apply only to City authorized Districts. b. Street Banners. Banners across public thoroughfares as allowed by City agreement. c. Business Improvement District Advertising Signs and Devices. Advertising Signs and devices of City-approved Business Improvement Districts authorized by City License. d. Bus Bench and Bus Shelter Signs. Signs as authorized by City License. e. Signs extending into or over the public right-of-way authorized by an Encroachment Permit and Indemnity Agreement approved by the City. f. Portable Signs on the Public Sidewalk. (1) Purpose. The purpose of allowing certain portable signs on a public sidewalk in M-1, M-2, M-O-2, MU-B-1, MU-B-2, I-1 and I-2 zones, includes: Page 38 of 203 12 (a) Recognizing and accommodating the physical constraints related to signage that exist for businesses occupying buildings that are built immediately abutting or within two and one-half feet (2.5’) of the public sidewalk; and (b) Promoting a pedestrian-friendly environment on public sidewalks. (2) Allowed Portable Signs. The following types of portable signs may be allowed on the public sidewalks provided they meet all requirements of this Subsection: (a) A-frame or “sandwich board”, (b) Pedestal or “stanchion”, and (c) Three-dimensional (3-D) objects. (3) Materials and Maintenance. Portable signs on a public sidewalk shall be constructed and maintained in accordance with 16-6-13(A)(5) EMC – (Sign Maintenance). Such signs shall be maintained as to avoid faded or discolored backgrounds or copy; broken, loose, or ill-fitting pieces; and jagged edges or other conditions that may pose a hazard to pedestrians. (4) Display. Portable signs on a public sidewalk shall meet the following display standards: (a) The sign shall only be displayed during hours when the establishment to which the specific sign pertains is open for business. (b) The sign shall only be located on the public sidewalk. (c) The sign shall not move or include moving parts, attached balloons, pinwheels, flags, banners, streamers, pennants, or similar devices. (d) The sign may contain a commercial or noncommercial message. (e) Illumination. Only self-contained illumination approved by the City Manager or designee shall be permitted. (5) Portable Sign Standards. The City Manager or designee may grant permission for the placement of a portable sign on a public sidewalk to an establishment occupying a building that is located immediately abutting or within two and one-half feet (2.5’) of the public sidewalk, provided the following standards are met: (a) Maximum Number. A portable sign on a public sidewalk shall count toward a use’s maximum allowed number of accessory signs. i. Single tenant on site: Limited to one (1) such sign. ii. Multi-tenant building: Limited to one (1) such sign for each use located on the first floor of the building. Page 39 of 203 13 (b) Placement. Portable signs on a public sidewalk shall be placed so that: i. The sign is between a building front and the curb line in front of the establishment to which the sign pertains, ii. The sign is on the sidewalk surface and not on any structure, vehicle, or area containing landscaping, iii. The sign is at least two (2) feet behind the curb line, iv. The sign is anchored or secured in a manner approved by the City Manager or designee, v. A minimum of five (5) feet of unobstructed walkway for pedestrian passage is maintained at all times and any applicable provisions of the Americans with Disabilities Act are met. City Manager or designee shall take into account other obstacles including but not limited to street lamps, fire hydrants, street furniture, planters, or similar appurtenances in determining the unobstructed walkway, vi. The sign does not obstruct traffic visibility or any official traffic control device, or block any public entrance to or required emergency exit from a building, and vii. The sign is not made to look like, and does not contain any representation of a traffic control device or traffic sign. (c) Maximum Height. The sign shall not be more than four feet (4’) above grade at its tallest point as installed. (d) Maximum Width. The sign shall not be wider than three feet (3’) at its widest point. (6) Sign Permit Required. The City Manager or designee may issue a Sign Permit for placement of a portable sign on a public sidewalk provided: (a) An application for such sign is submitted on forms provided by the City accompanied by a site plan showing the exact location of the sign. (b) Evidence of general liability insurance in a form satisfactory to the City is provided. Such policy shall thereafter be maintained in full force and effect during any period in which the sign is located on the public sidewalk. In addition, anyone placing a portable sign on the public sidewalk shall be deemed to have agreed to indemnify, hold harmless, and defend the City from and against all claims arising from the placement and continued presence of the sign on the public sidewalk. (c) No portable sign shall be approved if the property is not in compliance with Section 16-6-13 EMC – (Signs). If, after receiving a Sign Permit, Page 40 of 203 14 the property fails to remain in compliance with this Section, the permit shall be revoked and shall not be reissued for one (1) year. i. The City Manager or designee shall issue portable Sign Permits for one (1) year; however, the Sign Permit may be revoked earlier at the City's discretion. (d) In addition to a Sign Permit, a revocable “Temporary Occupancy of the Public Right-of-Way Permit and Indemnity Agreement”, or other document approved by the City, shall be required. (7) Business Improvement Districts. Business Improvement Districts (BIDs) may notify the City Manager or designee that the BID does not want to have such signs permitted anywhere in their District. Such notice shall be an official notice from the BID, in writing, showing the decision and date it was adopted. If such notification is made, the City shall not permit portable signs on the public sidewalk within that BID. 3. Signs Prohibited in the Public Right-of-Way. Signs requiring a City License or Agreement under 16-6-13(D)(2) EMC when there is no existing permit, license and agreement and all signs not allowed by Subsection 16-6-13(D)(1) EMC (Signs Not Requiring a Sign Permit) shall be prohibited in the public right-of-way. E. Sign Specifications. 1. Visibility. Signs and advertising devices shall not obstruct the visibility of pedestrians and vehicular traffic within sight triangles established by this Subsection. Monument signs over three feet (3') in height above the grade, and pole signs with a clearance of less than eight feet (8‘) between grade and the bottom of the sign shall be prohibited within the following sight triangles: a. Street/Street Intersection. Said triangle shall be measured from a point where two street curb lines intersect. The distance from this point shall be thirty feet (30') along each street curb line ("A" and “B”). The third side of the triangle ("C") shall connect these two sides, creating the triangle. Figure 16-6(16) shall be used to determine said triangle. Page 41 of 203 15 b. Street/Alley Intersection. Said triangle shall be measured from a point where the street curb line and the centerline of the alley intersect. The distance from this point shall be twenty-five feet (25') along the curb line ("B") and twenty-five feet (25') along the alley center line ("A"). The third side of the triangle ("C") shall connect these two sides, creating the triangle. Figure 16-6(17) shall be used to determine said triangle. c. The City Traffic Engineer shall review and establish sight distance standards related to Sign Permit applications for all other situations (i.e. driveways and ingress/egress points) not described herein. d. The City Traffic Engineer shall determine compliance with sight distance standards in connection with all Sign Permit applications and shall be authorized to vary these standards depending on site conditions. Page 42 of 203 16 2. Sign Illumination. a. Purpose. The purpose of this Subsection is to provide objective and practical sign lighting levels for principal signs that promote sign legibility and which mitigate potential impacts on traffic safety and the community at-large. b. Methods of Illumination. The following methods of illumination may be allowed provided zone district illumination standards are met: (1) Internal Illumination. The light source is contained within the sign, not visible to the eye, and shines through a translucent surface; examples include, but are not limited to, box signs and channel letters. (2) External Illumination. The light source is outside of and directed toward the sign face; examples include, but are not limited to, flood or spotlights and gooseneck lights. External illumination shall comply with the following: (a) External lighting of signs may be achieved by down lighting or by ground-mounted light fixtures, as follows: i. External lighting of signs ten feet (10’) or more in height shall only be illuminated from the top of the sign and directed downward. ii. External lighting of signs less than ten feet (10’) in height may be illuminated from the top of the sign or from the ground. (b) The fixtures shall be shielded and directed in such a manner as to illuminate only the face of the sign, the light source is concealed from pedestrians’ and motorists’ “lines of sight”, and any illumination beyond the sign face is minimized. (3) Integral Illumination. The light source itself is a fundamental element of the sign; examples include, but are not limited to, neon or bulbs that spell out the sign message. Exposed bulbs may be up to fifteen (15) watts in power. (4) Electronic Message Display (EMD) Illumination. The light source is programmed and supplied by use of incandescent lamps, light emitting diodes (LED), liquid crystal displays (LCD), a flipper matrix, or similar electronic means. c. Sign Illumination Standards. (1) All lighted signs shall meet applicable electrical codes adopted by the City and a separate Electrical Permit shall be required. (2) Non-electronic message display (EMD) signs illuminated at night shall not exceed a maximum luminance level of seven hundred fifty (750) candelas per meters squared (cd/m2), regardless of the method of illumination. Measurement shall be in candelas per meters squared (the luminous intensity of a sign in a specific direction divided by the area of the sign). Page 43 of 203 17 (3) Electronic message display (EMD) signs. The difference between the off and solid-message measurements shall not exceed 0.3 footcandles at night. See Subsection EMC 16-6-13(F)(6)(b)(5)(f)(iii). (4) Accessory signs shall not be illuminated. (5) No sign in any R-1, R-2, or R-3 District shall be illuminated between 11:00 PM and 7:00 AM, except signs permitted for 24-hour emergency medical services, and public services such as police and fire. d. Prohibitions and Restrictions. (1) Sign illumination is prohibited for the following: home occupation signs, on-site accessory signs and advertising devices. (2) Signs shall be illuminated in a way that does not cause glare onto the adjacent pedestrian ways, streets, or adjacent properties. (3) Only self-contained illumination approved by the City Manager or designee shall be permitted for portable signs on the public sidewalk. (4) Signs shall not include animated, flashing, moving or intermittent illumination except that electronic message display signs may change no more frequently than the rate specified in Subsection 16-6-13(F)(6)(b)(5) EMC – (Electronic Message Display (EMD) Signs). e. Searchlights. Searchlights are permitted in MU-B-1, MU-B-2, I-1 and I-2 Districts only. Searchlights directing attention to, or advertising a business shall be considered accessory signs. 3. Rules of Sign Measurement and Computation. The following regulations shall control the measurement and computation of sign area, sign height, sign clearance, street frontage, and building frontage: a. Sign Area. The entire sign face within a continuous perimeter enclosing the extreme limits of the display surface including any framing, trim or molding shall be included in the computation of sign area. The supporting structure or bracing of a sign shall be omitted from measurement, unless such structure or bracing is made part of the message or face of the sign. (1) Sign Area Computation. The area of all signs shall be computed by use of standard mathematical methods. An unlimited number of lines may be used to enclose the extreme limits of the sign, including all frames, backing, face plates, non-structural trim or other component parts not otherwise used for support. (2) Signs with Backing/Background. The area measurement of a sign that is enclosed by a box, framed, outlined, painted or otherwise prepared and intended to provide a background for the sign display shall be determined by the area of the entire sign including the background material. Page 44 of 203 18 (3) Signs without Backing. The area of signs comprised of individual letters, figures, or elements shall be determined by the sum of the area of each separate element and shall include all the display areas, including the open space between the elements. (4) Three-Dimensional (3-D) Signs and Advertising Devices. The area of three- dimensional, spherical, free form, sculptural and/or other nonplanar signs or advertising devices, shall be determined by multiplying the length times width of the object’s largest profile. The measurements shall be taken with the object at full extension. (5) Sign Faces. A sign face is the display surface available for displaying a message. The number of sign faces used to calculate the area of a sign shall be determined by Table 16-6-13.2 EMC – (Sign Face Computations to Determine Sign Area). TABLE 16-6-13.2: SIGN FACE COMPUTATIONS TO DETERMINE SIGN AREA Sign Category Sign Type Computation Additional Regulations (See Table Notes) Principal Building Signs Awning Sum of all sign faces Canopy Sum of all sign faces Marquee Sum of all sign faces when face separation is > 45°; otherwise only the largest face Projecting One (1) face 1 Roof – Mansard Sum of all sign faces Suspended One (1) face Wall Sum of all sign faces Window Sum of all sign faces to calculate the maximum area coverage Principal Ground Signs Monument Pole 1 or 2 faces: One (1) face; 3 or more faces: Sum of the two (2) largest faces 2 Notes to Table: 1. Provided the separation between faces is no greater than eighteen inches (18”) and no sign is displayed on the separation surface. 2. Back-to-back signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed eighteen inches (18”) and no sign is displayed on the separation surface. Page 45 of 203 19 b. Sign Height. (1) Ground Signs. The height of a ground sign shall be computed as the vertical distance from the normal grade at the base of the sign or its support structure, whichever is lower, and the topmost portion of the sign or the structure supporting the sign, whichever is higher. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street. (2) Projecting and Marquee Signs. The height of projecting and marquee signs shall be computed as the vertical distance from the lowest grade below the sign or its support structure, whichever is lower, and the topmost portion of the sign or the structure supporting the sign. c. Sign Clearance. Clearance for all signs shall be measured as the vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. d. Projections. Wall and projecting signs shall be measured from the building façade to the farthest aspect of the sign, including any framework or other embellishments. e. Measurement of Street Frontage. For the purposes of this Section street frontage is the length of the public street abutting the parcel on which the sign is located. For the purposes of determining allowable sign area the following shall apply: (1) An alley shall not be used to calculate street frontage. (2) A City-approved private street may be used to calculate street frontage. (3) For corner lots, the frontage of all streets shall be cumulative. f. Measurement of Building Frontage. For the purposes of determining allowable sign area the following shall apply: (1) The frontage of a building shall include only the elevation(s) facing a public street. (a) If a building has more than one (1) elevation facing a public street, the cumulative building frontages shall be used to determine the maximum sign area. Page 46 of 203 20 (b) An alley shall not be used to calculate building frontage. (c) A City-approved private street may be used to calculate building frontage. (2) Building frontage is determined by measuring a straight line, paralleling the street-facing elevation, between the two (2) most distant ends of the building. (3) In the case of an irregular elevation surface, a single straight line approximating such elevation shall be used to measure the elevation's length. (4) Building frontage used as the basis of determining allowed sign area for one use may not be used again as the basis for determining the permitted sign area for another use. (5) Multi-Tenant Buildings. The portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. g. Final Determination and Appeals. Final determination of measurements and computations for signs and advertising devices shall be made by the City Manager or designee. Appeals shall be made to the Planning and Zoning Commission. F. Principal Signs. A principal sign is defined as a sign attached to a building, structure, or the ground in some manner that requires a Sign Permit from the City and is made of durable materials approved by the City. 1. Permit Required. A Sign Permit shall be required for all principal signs identified in Table 16-6-13.3A: Permitted Principal Building Signs and Table 16-6-13.3B EMC – (Permitted Principal Ground Signs). 2. Number. The number of allowed signs per use shall be determined by the zone district in which the sign is located based on Tables 16-6-13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards). 3. Maximum Sign Area. The maximum allowed sign area for any use shall be determined by Tables 16-6-13.6 through 16-6-13.9 – EMC (Zone District Principal Sign Standards). a. Sign area may be distributed among the allowed number of signs in any manner provided no single sign face exceeds one hundred twenty-five (125) square feet in area. 4. Location Standards. All portions of a principal sign shall be located completely on the parcel for which the Sign Permit is issued, unless allowed to encroach into or over the public right-of-way by an Encroachment Permit and Indemnity Agreement approved by the City. Page 47 of 203 21 a. A minimum setback from a property line shall not be required unless specified in Tables 16-6-13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards). 5. Prohibited Principal Sign Materials. The following materials shall be prohibited for principal signs. Corrugated plastic (i.e. Coroplast), fabric, cloth, canvas, foam board, paper, cardboard, poster board, thin-gauge aluminum less than 1/8” thick, vinyl banner material (polyvinyl chloride [PVC]), engineered wood products including plywood, chipboard, particle board, medium density fibreboard (MDF), oriented strand board (OSB), or similar products, or other materials not reviewed and approved by the City Manager or designee. a. Exception: Medium density overlay (MDO), Duraply, or similar paintable surface made of plywood with a weather-resistant resin overlay bonded to the wood by heat and pressure may be used for principal signs constructed with sealed edges. 6. Permitted Principal Signs. It shall be unlawful for any person to erect a principal sign that does not conform to the standards enumerated in Table 16-6-13.3A Permitted Principal Building Signs, Table 16-6-13.3B: Permitted Principal Ground Signs and Tables 16-6-13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards). a. Principal Signs by Type. The type of signage allowed in each zone district shall be determined by Tables 16-6-13.6 through 16-6-13.9 EMC - (Zone District Principal Sign Standards). Page 48 of 203 22 TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS Sign type Structure/Construction Signage Additional Regulations Principal Building Signs AWNING Applied to an awning supported only by the building on which it is located.  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Location: Awning shall not extend beyond the façade on which it is located except at building corners  Number: Each awning with sign copy counts as 1 sign  Area: All copy faces count in area calculation  Face: May be on any face (front, side, valance) of the awning  Sign Copy: Shall be affixed to awning and shall not project above or below the awning  Encroachment Agreement required for any projection over public right-of-way  Separate Building Permit required for new awning structure  No accessory signs shall be attached to an awning CANOPY Applied to a canopy supported by the building on which it is located and a minimum of 1 stanchion.  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Number: Each canopy with sign copy counts as 1 sign  Area: All copy faces count in area calculation  Faces: May be on any face (front, side, valance) of the canopy  Sign Copy: Shall be affixed to canopy face and shall not project above or below the face of the canopy  Encroachment Agreement required for any projection over public right-of-way  Separate Building Permit required for new canopy structure  No accessory signs shall be attached to a canopy MARQUEE Applied to a marquee (permanent roof-like structure supported by the building on which it is located).  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Height: Maximum 25’ above grade, with no more than 10’ above roofline  Number: Marquee structure counts as 1 sign  Area: If face separation is > 45°, all faces count; otherwise only largest counts  Faces: May be on any face of the marquee  Sign Copy: Shall not project above the top of the marquee façade  Encroachment Agreement required for any projection over public right-of-way  No accessory signs shall be attached to a marquee  Marquee signs may include structural elements that extend above the marquee  Signs above a marquee structure are counted separately from the marquee sign Page 49 of 203 23 TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS (CONT.) Sign type Structure/Construction Signage Additional Regulations Principal Building Signs PROJECTING (Blade, Armature) Generally affixed with display face at right angles to the building facade.  Clearance: Min. 8’ above grade  Projection: Shall not project within 5’ of back of curb  Location: Signable area of facade  Height: Max. 25’, with no more than 10’ above roofline  Sign Copy: May be on any face  Sign Count: 1 face counts toward sign area  Encroachment Agreement required for any projection over public right-of-way  May require separate Building Permit  No accessory signs shall be attached to a projecting sign ROOF: Mansard Attached to or affixed to the side of a mansard roof.  Projection: Shall not project beyond building facade  Height: Shall not extend above roofline or parapet wall  Faces: All faces count toward sign area  May require separate Building Permit  No accessory signs shall be attached to a mansard roof sign SUSPENDED Suspended from a horizontal plane of a building or structure.  Clearance: Min. 8’ above grade  Maximum sign area: 4 sf/face  Faces: 1 face counts toward sign area  Shall not encroach into public right-of-way  No accessory signs shall be attached to a suspended sign WALL Attached to, painted on, or erected against a wall of a building, with display face generally parallel to the building façade.  Location: Signable area  Projection: A side wall sign may project beyond the front façade but not within 5’ of back of curb  Clearance: Any sign projecting more than 4” from the wall shall be at least 8’ above grade  Height: A maximum of 25% of a wall sign’s total area may extend above the roofline or parapet wall, provided the extension does not exceed 3’  Number: Limited to use’s maximum allowed number of signs  Area: Limited to use’s maximum allowed sign area  Faces: All copy faces count toward sign area  Encroachment Agreement required for any projection over public right-of-way  No accessory signs shall be attached to a wall sign  Signable area shall mean the building facade up to the roofline that is free of windows and doors or major architectural detail. If, because of the design of the building, a signable area cannot be identified, the City Manager or designee shall determine a suitable area for signage. Page 50 of 203 24 TABLE 16-6-13.3A PERMITTED PRINCIPAL BUILDING SIGNS (CONT.) Sign type Structure/Construction Signage Additional Regulations Principal Building Signs WINDOW Posted, applied or affixed to the interior or exterior of a window, and seen through the window from the exterior of the structure.  Location: Ground floor glazed areas only  Window Coverage: Maximum 25% of total glazed area on a façade, not to exceed 80 square feet on any one façade (See Additional Regulations)  Number: No limit, provided 25% window coverage maximum is not exceeded  For the purpose of this Section total glazed area on a façade shall include all glazed windows and doors, and their framework  Window merchandise displays and signs allowed pursuant to 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit) and are exempt from this Section.  Sign coverage of less than 25% of the total glazed area on a façade shall not require a Sign Permit  Sign coverage exceeding 25% of the total glazed area on a façade shall count toward maximum allowed sign area and shall require a Sign Permit  Window signs shall not be permitted in windows above the ground floor Page 51 of 203 25 TABLE 16-6-13.3B PERMITTED PRINCIPAL GROUND SIGNS Sign type Structure/Construction Signage Additional Regulations Principal Ground Signs MONUMENT Supported by and integrated with a solid base, as opposed to mounted on poles, posts or other structure.  Height: Residential Zones: Maximum 15’ All Other Zones: Maximum 25’  Minimum Setback: Residential Zones: 10’  Separation: Minimum separation between ground signs on abutting properties shall be not less than the height of the taller sign  Faces counting toward total sign area: 1 or 2 faces: 1 3 or more faces: 2 largest faces  Number: 1 ground sign per site (See Additional Regulations)  Subject to sight distance requirements of 16-6-13(E)(1) EMC – (Visibility).  Encroachment Agreement required for any projection into public right-of-way  Minimum distance between signs may be reduced by the City Manager or designee on a case by case basis when lot width or other site conditions preclude meeting the required separation distance  If there is more than 1 business in a building or more than 1 business on a site no ground signs are permitted except Multi-Tenant signs. See Section 16-6-13(H)(1) EMC – (Multi-Tenant Signs) POLE Supported on poles, posts, or similar upright structure.  Shall not be attached to any part of a building  Height: Residential Zones: Maximum 15’ All Other Zones: Maximum 25’  Minimum Setback: Residential Zones: 10’  Separation: Minimum separation between ground signs on abutting properties shall be not less than the height of the taller sign  Faces counting toward total sign area: 1 or 2 faces: 1 3 or more faces: 2 largest faces  Number: 1 ground sign per site (See Additional Regulations)  Subject to sight distance requirements of 16-6-13(E)(1) EMC – (Visibility).  Pole signs over 8’ in height shall require submittal of an engineered, wet-stamp drawing  Encroachment Agreement required for any projection over public right-of-way  Minimum distance between signs may be reduced by the City Manager or designee on a case by case basis when lot width or other site conditions preclude meeting the required distance  If there is more than 1 business in a building or more than 1 business on a site no ground signs are permitted except Multi-Tenant signs. See Section 16-6-13(H)(1) EMC - (Multi-Tenant Signs) Page 52 of 203 26 b. Dynamic Displays. Dynamic displays may be incorporated into any of the permitted sign types and shall include signage encompassing moving parts or images, LEDs and LCDs, and similar electronic messages. TABLE 16-6-13.4: DYNAMIC DISPLAY SIGNS BY TYPE AND ZONE DISTRICT P = Permitted No = Prohibited Sign Type District/Us e Animate d Changeabl e Copy: Reader Board Changeable Copy: Time/Temperatu re Electroni c Message Display Flashin g All R1, R2, R3 residential uses up to 4 units NO NO NO NO NO All R1, R2 Non- residential uses NO P1 P1 P1, P5 NO All R3 residential uses of 5 or more units NO P P P2, P5 NO R3 Non- residential uses NO P P P2, P5 NO M-1, M-2 NO P P P2, P5 NO MU-B-1 MU-B-2 I-1 I-2 P3 P3 P3 P3, P4 NO TSA Shall conform to R-3 standards, above PUD Per approved PUD sign standards Notes to Table: P1 Maximum Area: 10 square feet. P2 Maximum Area: 20 square feet. P3 Maximum Area: Subject to the use’s maximum allowed sign area. P4 Minimum separation between an electronic message display and any R Residential District shall be one hundred feet (100’). Separation shall not apply within Mixed Use Business Districts allowing residential uses. P5 Minimum separation between an electronic message display and boundary line of any residential use: one hundred feet (100’). Page 53 of 203 27 (1) General Standards. (a) Messages displayed on dynamic display signs shall not direct attention to a business, product, service or entertainment conducted, sold or offered off the premise that is not also conducted, sold or offered on the premise on which the sign is located. (b) Any sign using electronic or electro-mechanical technology for changeable copy, which malfunctions, fails, or ceases to operate in its usual or normal programmed manner causing therein motion, movement, flashing or any other similar effects, shall be repaired or reprogramed within twenty-four (24) hours to stop the motion, movement, or flashing so to maintain a static display until properly functioning. (c) Illumination. The intensity of the light source of a dynamic display sign shall not produce glare, the effect of which may constitute a traffic hazard or is otherwise detrimental to the public health, safety or welfare. (d) Electronic Billboards Nonconforming Signs. Conversion of an existing billboard nonconforming sign to an electronic message display billboard shall be prohibited. (e) Existing Dynamic Displays. All signs now considered as dynamic display signs existing on the effective date of this Title that contain an electronic changeable copy module which does not comply with the provisions of this Section shall be made to conform to the brightness, frame hold time, transition duration, and transition method provisions by December 28, 2012. (2) Animated Signs. Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs. (3) Changeable Copy Signs. A sign designed to accommodate frequent message changes by either mechanical or electronic means. Manual copy change is not included in this sign type. Changeable copy signs include reader boards and time and temperature units. (a) Time and Temperature Sign. Time and temperature signs shall meet the following standard: i. Minimum Frame Hold Time. The displayed message shall not change more frequently than once per five (5) seconds. ii. Transition Method: No portion of the message may flash, twirl, change color, fade in or out or in any manner imitate movement. (b) Reader Boards. Reader board signs shall meet the following standards: i. Maximum Area. Reader boards shall be limited to twenty (20) square feet. Page 54 of 203 28 ii. Transition Method: No portion of the message may flash, twirl, change color, fade in or out or in any manner imitate movement, however it may scroll across the frame. (4) Flashing Signs. Any sign having lights or illumination that blinks, flickers, or varies in intensity at any time when in use is prohibited. The following signs are excluded from this prohibition: holiday decorations Type 5 Temporary Site Signs and scoreboards pursuant to 16-6-13(B) EMC – (Incidental Signs Allowed Without a Sign Permit), and changeable copy and electronic message display signs pursuant to this Subsection. (5) Electronic Message Display (EMD) Signs. Any sign that utilizes computer- generated messages or some other electronic means of changing copy by remote or automatic means shall be subject to the following standards: (a) Maximum Number. One (1) EMD sign shall be permitted for each street frontage on a zone lot parcel or group of parcels. (b) Frames. The sign shall contain static frames only. There shall be no effects of movement, flashing, scintillation, or similar effects within the individual frame. (c) Minimum Frame Hold Time. The displayed message shall not change more frequently than once per ten (10) seconds. (d) Transition Duration. The change of frames shall not exceed three-tenths (0.3) of a second of time between each frame displayed on the sign. (e) Transition Method. Frames shall change by dissolve, fade, or by instantaneous change from one static display to another, but shall remain as a static display after completing the change, and, once changed, shall remain static until the next change. The change of frames by the use of scrolling, flashing, rolling, window shading, or other similar effects is prohibited. (f) Illumination. i. Dimmer Software Required. All permitted EMDs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements of this Subsection. ii. EMD Illumination Limits: The difference between the off and solid- message measurements using the EMD measurement criteria shall not exceed 0.3 footcandles at night. All measurements shall be taken perpendicular to the face of the EMD at the distance determined by the total square footage of the EMD as set forth in the accompanying Table 16-6-13.5 EMC – (EMD Sign Area Versus Measurement Distance). See Englewood Illustrated Sign Manual for details on how to perform EMD illumination measurements. Page 55 of 203 29 Table 16-6-13.5: EMD Sign Area Versus Measurement Distance Sign Area (sq. ft.) Measurement Distance (ft.)* 2 14 3 17 4 20 5 22 6 24 7 26 8 28 9 30 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 * For signs with an area other than those specified above, the measurement distance shall be determined as the square root of (100 x sign area). iii. Nighttime Maximum. Lighting from the message module shall not exceed 0.3 footcandles between dusk to dawn as measured from the sign’s face. iv. Specifications Required. Applications for Sign Permits containing an electronic display shall include the manufacturer’s specifications and cd/m2 rating. v. Inspections. The City shall have the right to enter the property and view the programmed specifications of the sign to determine compliance with these provisions in accordance with the Sign Permit issued for the sign. c. Principal Signs Allowed by Zone District. The type of signage allowed in each zone district shall be determined by Tables 16-6-13.6 through 16-13-9 EMC - Zone District Principal Sign Standards. Page 56 of 203 30 TABLE 16-6-13.6: R-1 AND R-2 ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Sign 1 Allowed Number Allowed Area 2 (in square feet) Additional Regulations R-1-A R-1-B R-1-C R-2-A R-2-B One-unit residential Multi-unit residential  Only those signs allowed under 16-6-13(B) EMC - (Incidental Signs Allowed Without Sign Permit)  Non-illuminated, no animation Home Occupations Wall 1 1  Non-illuminated, no animation Public/Institutional Awning Canopy Marquee Projecting Suspended Wall Window Pole Monument 3 80 square feet or amount calculated on street frontage: < 100’: 1.5 sf/ft plus > 100’: 1.0 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC (EMD Signs)  Monument and Pole: School, religious, and gov’t buildings only: Maximum height: 15’ Minimum Setback: 10’  Illumination prohibited between 11:00 PM and 7:00 AM 4  No single sign face shall exceed 125 square feet. All other uses 3 Awning Canopy Marquee Projecting Suspended Wall Window Monument 2 20 Notes to Table: 1 Electronic message display signs are prohibited except for time and temperature signs. 2 See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. 3 Signs for nonconforming uses shall be subject to the standards of the district in which the use is located. 4 Signs provided on a 24-hour basis for emergency medical services and public services such as police and fire are exempt from this requirement. Page 57 of 203 31 TABLE 16-6-13.7: MU-R-3 ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Signs Allowed Number 1 Allowed Area (in square feet) Additional Regulations MU-R-3-A MU-R-3-B MU-R-3-C Single-unit residential, Multi-unit residential (2-4 units)  Only those signs allowed under 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit)  Non-illuminated, no animation Multi-unit residential (5 or more units) Awning Canopy Marquee Projecting Suspended Wall Window Pole Monument ≤ 150’ street frontage: 2 > 150’ to < 300’ street frontage: 3 > 300’ street frontage: 4 Uses with more than 2 street frontages: 1 additional sign for each frontage 100 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’ to < 250’: 1.0 sf/ft plus > 250’: 0.4 sf/ft  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC (EMD Signs)  No single sign face shall exceed 125 square feet. Home Occupations Wall 1 1  No illumination, no animation Public/Institutional Hospitals Clinics Offices Awning Canopy Marquee Projecting Suspended Wall Window Pole Monument 3 Minimum 80 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’: 1.0 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  No single sign face shall exceed 125 square feet.  Illumination prohibited between 11:00 PM and 7:00 AM 3  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC – (EMD Signs)  Monument and Pole: Only for religious, schools, gov’t buildings, hospitals, clinics, and offices: Maximum height: 15’ All other uses 2 Awning Canopy Marquee Projecting Suspended Wall Window Pole 2 20 Page 58 of 203 32 Monument Minimum setback: 10’ Notes to Table: 1 See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. 2 Signs for nonconforming uses shall be subject to the standards of the district in which the use is located. 3 Signs provided on a 24-hour basis for emergency medical services and public services such as police and fire are exempt from this requirement. Page 59 of 203 33 TABLE 16-6-13.8: M AND TSA ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Sign Allowed Number 1 Allowed Area (in square feet) 1 Additional Regulations M-1 M-2 MO-2 Single-unit residential, Multi-unit residential (2-4 units) Only those signs allowed under 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit) Multi-unit residential (5 or more units) Awning Canopy Marquee Projecting Suspended Wall Window Monument ≤ 150’ street frontage: 2 > 150’ to < 300’ street frontage: 3 > 300’ street frontage: 4  Uses with more than 2 street frontages: 1 additional sign for each frontage 100 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’ to < 250’: 1.0 sf/ft plus > 250’: 0.4 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  Prohibited illumination: Flashing, intermittent lights  Direct glare onto a residential use adjacent to the location of the sign  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC – (EMD Signs)  No single sign face shall exceed 125 square feet Home Occupations Wall 1 1 No illumination, no animation Public/Institutional All other allowed 2 Awning Canopy Marquee Suspended Wall Window Pole Monument ≤ 150’ street frontage: 3 > 150’ to < 300’ street frontage: 4 > 300’ street frontage: 5 100 square feet or total of street frontage factors below: < 100’: 1.5 sf/ft plus > 100’ to < 250’: 1.0 sf/ft plus > 250’: 0.4 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  Prohibited illumination: Flashing, intermittent lights  Direct glare onto a residential use adjacent to the location of the sign  See 16-6-13(E)(2)(c) EMC – (Sign Illumination Standards) and 16-6-13(F)(6) EMC – (EMD Signs)  No single sign face shall exceed 125 square feet Page 60 of 203 34 TSA Residential Shall comply with standards applicable to MU-R-3-A district Non-residential Shall comply with standards applicable to MU-B-1 district Notes to Table: 1 See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. 2 Signs for nonconforming uses shall be subject to the standards of the District in which the use is located. Page 61 of 203 35 TABLE 16-6-13.9: MU-B, I, AND PUD ZONE DISTRICT PRINCIPAL SIGN STANDARDS Zone District Use Permitted Principal Sign Types Allowed Number 1 Allowed Area (in square feet) Additional Regulations MU-B-1 MU-B-2 I-1 I-2 Single use on site Awning Canopy Marquee Projecting Roof Mansard Suspended Wall Window Pole Monument ≤ 150’ street frontage: 3 > 150’ to ≤ 300’ street frontage: 4 > 300’ street frontage: 5  Uses with more than 2 street frontages: 1 additional sign for each frontage 100 square feet or total of street frontage factors below: 1’ to 100’: 2.0 sf/ft plus > 100’ to < 250’: 1.25 sf/ft plus > 250’: 0.6 sf/ft  See Tables 16-6-13.3A and 3B EMC – (Permitted Principal Signs)  Prohibited illumination: Flashing, intermittent lights  Direct glare onto a residential use adjacent to the location of the sign  For electronic signs See 16-6-13(E)(7) EMC - (Electronic Message Display Signs)  No single sign face shall exceed 125 square feet. See 16-6-13(H) EMC – (Sign Bonuses) for:  Multi-tenant properties  Multi-story buildings  Buildings set back more than 100 feet from front property line Multiple uses on site (Each allowed use) Awning Canopy Marquee Projecting Roof Mansard Suspended Wall Window Pole Monument ≤ 150’ building frontage: 3 > 150’ to ≤ 300’ building frontage: 4 > 300’ building frontage: 5 100 square feet or total of building frontage factors below using the individual use’s building frontage: < 100’: 2.0 sf/ft plus > 100’: 1.0 sf/ft PUD Per individual PUD regulations Notes to Table: 1See Englewood Illustrated Sign Manual 16-6-13:E.3. for how to determine street or building frontage. Page 62 of 203 36 G. Accessory Signs. 1. On-Site Accessory Signs and Advertising Devices. a. Purpose. The purpose of allowing certain on-site accessory signs and advertising devices includes: (1) Recognizing and accommodating the business community’s desire for economical short-term signage that can be easily installed, changed, or moved to meet limited advertising needs; and (2) Maintaining an aesthetically pleasing environment by minimizing sign clutter. b. Maintenance. On-site accessory signs and advertising devices shall be constructed and maintained in accordance with 16-6-13(A)(5) EMC – (Sign Maintenance). Any on-site accessory sign or advertising device that is in disrepair or unsafe shall be repaired, removed, or replaced upon written notice of the City Manager or designee. c. Materials and Anchoring. All accessory signs or advertising devices shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground. d. Standards. No on-site accessory signs or advertising devices shall: (1) Be located on or over the public right-of-way, (2) Be located on the roof of any building or structure, (3) Be located on a principal sign or sign structure, fence, utility pole or other structure not intended as a sign support, (4) Be located so as to come in contact with power lines, (5) Encroach or extend over any property line, (6) Be illuminated, contain flashing or blinking lights, or electronic changeable copy, (7) Obstruct traffic visibility or any official traffic control device, (8) Be made to look like, or contain any representation of a traffic control device or traffic sign, or (9) Block any public entrance to or required emergency exit from a building. e. Permit. No Sign Permit shall be required for the placement of an allowed on- site accessory sign or advertising device. However, any on-site accessory sign or advertising device found to be in violation of this Title shall be declared a nuisance by the City and shall be subject to enforcement pursuant to Chapter 16-10 EMC – (Enforcement and Penalties). Page 63 of 203 37 f. Variances. Due to the intended short-term nature of on-site accessory signs and advertising devices, such signs and devices shall not be subject to variances. g. On-Site Accessory Signs and Advertising Devices Measurement and Calculations. The maximum size of an on-site accessory sign or advertising device shall be based on its area, linear length, or profile depending on the type of sign or device. Calculations shall be based on Table 16-6-13.10, below: TABLE 16-6-13.10: ACCESSORY SIGN MEASUREMENT Sign Type Calculation Method Measurement Method Banners, Wind-Driven, Portable Area 4 - line enclosure Inflatables, 3-D objects Profile L x W measured at the object’s largest extended profile h. Signs associated with placed by individuals conducting special events or temporary uses allowed by this Title shall be considered accessory signs and subject to the provisions of this Subsection. Such signs shall be allowed for the duration of the special event or allowed temporary use. i. Sign Specific Standards for Allowed On-Site Accessory Signs or Advertising Devices. On-site accessory signs or advertising devices shall be allowed pursuant to Table 16-6-13.11 EMC – (Table of Allowed On-Site Accessory Signs and Advertising Devices) below. Page 64 of 203 38 TABLE 16-6-13.11: TABLE OF ALLOWED ON-SITE ACCESSORY SIGNS AND ADVERTISING DEVICES On-Site Accessory Signs and Advertising Devices Types 1 Zone Districts in which Allowed Allowed Uses Maximum Number Maximum Total Area 2 (in sf) Maximum Height (in feet) Additional Regulations Banners (with or without message) Wall R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15  Accessory wall banners prohibited for single and multi-unit residential uses up to 5 units  Wall banner shall be affixed to building façade only and shall not extend beyond façade  Multi-tenant properties: See Notes to Table 4 All other zones All single uses 2 30 30 Wind-Driven (with or without message) Pole (ground mounted including non-exempt flags, sail, tear drop or feather banners, wigglers, and similar devices) R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15  Does not apply to flags of nations or an organization of nations, states, or cities. See 16-6-13(B) EMC – (Incidental Signs Allowed Without Sign Permit)  Residential zone minimum setback: 10’  Multi-tenant properties: See Notes to Table 4 All other zones All single uses 2 30 25 Staff (mounted on building) R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15 All other zones All single uses 2 30 --- Portable A-frame, sandwich board, pedestal R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 6  Residential zone minimum setback: 10’  Multi-tenant properties: See Notes to Table 4  Regulation of signs in the public right-of-way: See Notes to Table 5 All other zones All single uses 2 3 30 25 Inflatables Cold air or gas-filled objects, tubes, R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 15  Residential zone minimum setback: 10’ Page 65 of 203 39 tube dancers, tornado tubes, or similar devices All other zones All single uses 2 30 25  Multi-tenant properties: See Notes to Table 4 3-D Objects All objects not classed as inflatables R-1-A, R-1-B, R-1-C, R-2-A, R-2-B Non-residential uses only 1 15 6  Residential zone minimum setback: 10’  Multi-tenant properties: See Notes to Table 4 All other zones All single uses 2 3 30 25 Human Hand-held, mounted, costume R-1-A, R-1-B, R-1-C, R-2-A, R-2-B All uses --- --- ---  See Section 16-6-13(G)(2) EMC – (Human Signs)  Multi-tenant properties: See Notes to Table 4 All other zones All uses 1 10 --- Notes to Table: 1 Classification of on-site accessory signs or advertising devices not listed in this Table shall be determined by the City Manager or designee. Interpretations shall be made to the Planning and Zoning Commission. 2 Combined total area of all allowed on-site accessory signs and advertising devices. 3 Only 1 on-site sign/device is permitted if an on public sidewalk accessory sign is utilized. 4 Multi-Tenant Properties. Each allowed use on the ground floor of a multi-tenant property shall be allowed 1 on-site accessory sign or advertising device. 5 For regulation of signs in the public right-of-way: See 16-6-13(D)(2)(f)(5)(c). Page 66 of 203 40 2. Human Signs. A human sign is defined as an accessory sign which is worn (including costumes), held or attached to a human for promotional purposes or to advertise any business, commodity, service, activity, or product. Human signs do not include T-shirts, hats, or other similar clothing. a. Maximum Number. Each allowed use is permitted to use one (1) human sign. A Sign Permit shall not be required for a human sign. b. Maximum Area. The maximum area of a sign held or attached to a human shall be ten (10) square feet. c. Standards. Human signs may be located on private property or on the public sidewalk provided the following standards are met: (1) No human sign shall be held, displayed, or otherwise located on a public street, roadway, alley, or median of a public street. (2) No human sign shall utilize electronic components. (3) Human signs shall yield to the passage of pedestrians, and (4) Human signs shall not: (a) Impair lines of sight that are necessary for the safe movement of vehicular or pedestrian traffic, (b) Block the visibility of any traffic control device or traffic signal for motorists or pedestrians, or (c) Place any item on any public right of way. H. Sign Bonuses. 1. Multi-Tenant Signs. Multi-tenant signs are allowed when two (2) or more permitted uses occupy the same parcel or parcels, or building or group of buildings under the same ownership. Multi-Tenant signs shall be in addition to all other signs in terms of maximum sign area and number, provided: a. No other ground signs are used on the parcel or parcels. b. Permitted Sign Type: Multi-tenant signs shall be limited to ground or wall signs and shall not exceed the maximum sign height allowed in the zone district in which the sign is located. c. Permitted Sign Face Area. One (1) square foot of sign area for each two (2) linear feet of street frontage; provided, however, no single sign shall exceed one hundred twenty- five (125) square feet per face. d. Permitted Maximum Number. One (1) sign for the primary street frontage. An additional sign is permitted for each additional street frontage greater than one hundred fifty feet (150’). Page 67 of 203 41 e. Signs may be located anywhere on site provided sight distance and minimum separation requirements are met. f. Where, on the effective date of this Section, two (2) or more multi-tenant signs exist on a property with multiple frontages, such signs shall not be considered nonconforming solely due to not meeting the minimum lot frontage requirement of this Subsection. 2. Buildings Set Back One Hundred Feet or More from the Public Right-of-Way. The area of one (1) principal sign face may be increased at the rate of one-third of one percent (.0033) for each foot of distance beyond the first one hundred feet (100') of building setback. The increase shall be based on the use’s allowed sign area, as determined by Tables 16-6- 13.6 through 16-6-13.9 EMC – (Zone District Principal Sign Standards), provided the increase in sign face area: a. Shall not exceed one hundred twenty-five (125) square feet. b. Shall not exceed the maximum sign height allowed in the zone district in which the sign is located. c. Shall be granted only for a sign placed at the setback distance used in the calculation. d. Shall not apply in residential (R) districts. e. Shall not apply to accessory signs. f. Shall not be used in combination with 16-6-13(H)(3) EMC – (Multi-Story Building Identification Wall Signs). g. The additional sign area calculated herein shall not count against the maximum sign area. See Englewood Illustrated Sign Manual 16-6-13:E.3. for a detailed description of how to calculate increased sign area. 3. Multi-Story Building Identification Wall Signs. For multi-story buildings in excess of seventy-five feet (75’), additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below. a. Sign area shall be based upon a square footage factor multiplied by the horizontal linear footage of the building’s facade at the elevation where the sign is placed as shown in Table 16-6-13.12 below: TABLE 16-6-13.12: MULTI-STORY BUILDING SIGN BONUS FACTOR Sign Elevation (Bottom of sign to grade) Square Footage Factor 75 feet to 100 feet 5 square feet > 100 feet to 150 feet 6 square feet > 150 feet 7 square feet Page 68 of 203 42 b. Multi-story buildings may be permitted identification wall signs for each building façade. c. Wall sign areas permitted by this Subsection for one facade may not be used for any facade other than the one for which the allowance is granted. d. Such signs shall not count against maximum sign area or number. e. Electronic message display signs shall not be permitted under this Subsection. f. The multi-story bonus shall not be used in combination with 16-6-13(H)(2) EMC – (Buildings Set Back One Hundred Feet or More from the Public Right-of-Way). g. The additional sign area calculated herein shall not count against the maximum sign area. See Englewood Illustrated Sign Manual 16-6-13:E.3. for a detailed description of how to calculate increased sign area. (Ord. 04-5; Ord. 05-25; Ord. 07-37, § 1; Ord. 08-37, § 11; Ord. 08-72, § 1; Ord. 08-48, § 27; Ord. 47-12, §§ 1—8) Page 69 of 203 43 Section 2 16-11-2: Definition of Words, Terms, and Phrases. Editor’s Note: For the purposes of brevity and clarity, the definitions listed below only include words, terms, and phrases that are related to signs. Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any kind with only such material for backing. National flags, state or municipal flags, shall not be considered banners. Brightness: For the purpose of sign illumination, brightness is the visual sensation related to the intensity of light emanating from the face of a sign. Canopy: A roof-like structure supported by the building and a minimum of one (1) stanchion. Dynamic Displays: A generic term for non-traditional signage encompassing signs with moving parts, LED displays, moving images, and electronic messages. Flag: Any fabric, or similar material containing distinctive colors, patterns, or designs, attachable at one (1) edge to a staff or cord, and used as a symbol of a government or political subdivision thereof. All other such devices shall be considered banners. Frame: A complete, static display message on an electronic message display. Frame Hold Time: The time interval a static frame must remain on the display before transitioning to another frame. Kiosk: A freestanding structure upon which temporary information and/or posters, notices and announcements are posted. Marquee: A permanent roof-like structure attached to and supported by the building on which it is located. Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof, the uppermost line of the roof of the building; in the case of an extended facade or parapet, the uppermost height of said facade or parapet. Sign: Any object or graphic representation used to advertise, identify, inform, provide direction or attract attention to any idea, person, institution, organization, business, product, service, event or location, by any means including but not limited to; words, letters, graphics, motion, illumination or projected image. Sign, 3-D Object: For the purpose of Section 16-6-13: Signs, 3-D (three-dimensional) objects and advertising devices shall include any sign with length, width, and height dimensions other than principal building and ground signs as defined by this Title. Sign, Accessory and Advertising Devices: Any sign permitted without need for a Sign Permit constructed of cloth, canvas, fabric, vinyl banner material, plywood, or other light-weight material and generally intended for display for a short period of time. Accessory signs include but are not limited to banners, 3-D objects, inflatables, wind-driven, sandwich board, human, and similar signs. Wind-driven pennants, streamers, fringes, and balloons allowed as incidental signs under Section 16-6-13(B)(23) shall not be considered accessory signs. Sign, Animated: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs. Page 70 of 203 44 Sign Area: The entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure. Sign, Awning: A sign attached or applied to an outdoor awning. Sign, Billboard: An off-premise, outdoor advertising display, usually a rigidly assembled board or panel, permanently affixed or attached to the ground or a building. Sign, Bulletin Board: A sign identifying an on-premise institution or organization providing announcements of events or activities occurring on the premises. Sign, Bus Bench or Shelter: A sign located on benches or shelters placed in the public right- of-way or on private property adjacent to the public right-of-way at a bus stop pursuant to a written agreement with the City which sets forth the regulations for size, content, placement, design, and materials used in the construction of said signs, benches, and shelters. Sign, Canopy: A sign attached or applied to a canopy. Sign, Construction Type 3 Temporary Site: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project properties with an active Building Permit issued by the City of Englewood. Sign, Election Type 1 Temporary Site: An incidental sign providing information regarding elections, candidates, or issues concerning such elections. posted not more than forty-five (45) calendar days prior to an election involving candidates or issues for the federal, state, or local district in which the property is located. Sign, Electronic Message Display (EMD): A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix. Sign, Face: The area or display surface made available by the sign structure for the purpose of displaying a message. Sign, Flashing: Any sign having lights or illumination that blinks, flickers, or varies in intensity at any time when in use. Sign, Ground: Any sign supported by poles, uprights, braces, footers, or foundation extending from the ground but not attached to any part of a building. Sign, Holiday Decoration Type 5 Temporary Site Signs: Signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday. Sign, Home Occupation: A sign identifying a permitted home occupation. Sign, Human: An accessory sign which is worn (including costumes), held or attached to a human for promotional purposes or to advertise any business, commodity, service, activity, or product. Human signs do not include T-shirts, hats, or other similar clothing. Sign, Ideological: A sign which has as its dominant theme or purpose the expression of a religious, political, social, philosophical or other ideological message, ideal or belief. Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or, within the sign, or directed toward the sign. Page 71 of 203 45 Sign, Inactive: Any sign identifying or advertising a business, owner, tenant, product, service or activity that has not been located on the premises for a period of thirty (30) days or more. Sign, Job Site: An accessory sign providing information about future development or current construction on a site or the parties involved in the project. Sign, Mansard Roof: A sign attached to the side of a mansard roof. Sign, Marquee: Any sign attached to or made a part of a permanent roof-like structure supported by a building and projecting over public property. Sign, Menu Board Drive-Thru: A principal wall or ground sign listing products or services available at drive-thru facilities a sign along a drive-through lane. Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or foundation, as opposed to being mounted to poles, posts or other supports. Sign, Multi-Tenant: A sign that serves as a common or collective identification sign for two (2) or more uses on the same premises. Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this Title or amendment to, does not conform to the limitations established by this Title. Sign, Off-Premises: A sign that directs attention to a person, institution, organization, business, product, service, event or location not related to the same premises on which the sign is located. Sign, Pedestal: A portable accessory sign supported by a stand or base. Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, posts, or other support that is not itself an integral part of or attached to a building or structure. Sign, Portable: Any accessory sign designed to be easily moved that is not permanently affixed to a building, structure, or embedded in the ground. Sign, Principal: A sign attached to a building, structure, or the ground in some manner that requires a Sign Permit from the City and is made of durable materials approved by the City. Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right angles to a building or wall in such a manner that its leading edge extends more than eighteen inches (18") beyond the surface of such building or wall. Sign, Roof: A sign erected upon and extending above the roofline or parapet of the building or structure. Sign, Sandwich Board: A movable accessory sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member. Sign, Snipe: An off-premise sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences or other objects. Sign, Special Event: A sign advertising placed by individuals conducting events such as including but not limited to picnics, carnivals, bazaars, game nights, art fairs, and craft shows, or similar activities. Sign, Suspended: A sign suspended from the underside of a horizontal plane of a structure. Sign, Wall: A sign attached to, painted on, or erected against a wall of a building, the face (display surface) of which is parallel to the facade of the building and which extends no more than eighteen inches (18") from the wall. Page 72 of 203 46 Sign, Wind: Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states, or municipalities shall not be classified as wind signs. Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen through the window from the exterior of the structure but excludes merchandise in a display window. Sign Area: The entire face of a sign within a continuous perimeter enclosing the extreme limits of the display surface including any framing, trim or molding, but not including the supporting structure. Sign Face: The display surface made available by the sign structure for the purpose of displaying a message. Sign With Backing: Any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed. Sign Without Backing: Any word, letter, emblem, insignia, figure or similar character or group thereof, that is neither backed by, incorporated in or otherwise made part of any other display. Signable Area: That area of a building facade up to the roofline or top of the wall that is free of windows and doors or major architectural detail. Street Frontage: The linear distance along a property line adjacent to a public or private street. Transition Duration: The time interval it takes a display to change from one static frame to another. Transition Method: A visual effect used to transition from one frame to another. Transition methods include, but are not limited to dissolve, fade, scroll and travel. Wall Mural: A picture painted on any exterior wall of a principal building, including but not limited to: non-commercial art, painted images, which (1) does not contain the name or logo of any business, or (2) restores a the restoration of a previously existing wall painting. at least forty (40) years old (regardless of whether such wall painting advertised or called attention to a product). A wall mural may include a sign of no more than two (2) square feet identifying the artist. Work of Art: All forms of original creations of visual art, including but not limited to: (1) sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic; or (2) painting, whether portable or permanently fixed, as in the case of murals; or (3) mosaics; or (4) photographs; or (5) crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof; or (6) calligraphy; or (7) mixed media composed of any combination of forms or media; or (8) unique architectural stylings or embellishments, including architectural crafts; or (9) environmental landscaping; or (10) restoration or renovation of existing works of art of historical significance. Page 73 of 203 47 Section 3. Chapter 15 - GARAGE SALES 15-16-1: - Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated: Garage Sale: Includes all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "estate sale" or similar sale of tangible personal property, which is advertised to the public at large. Person: Shall only include an individual who owns real property; rents or maintains a lease of real property; or holds the position of property manager of the real property where the sale is occurring. (Ord. 02-30) 15-16-2: - Restrictions. The following restrictions apply to all persons holding a garage sale in the City of Englewood: A. No person may conduct more than two (2) garage sales in any calendar year at the same location. B. Each garage sale shall last no more than three (3) consecutive days. C. Only the person, as defined herein, having control of the entire property may conduct a garage sale. (Ord. 0230) 15-16-3: - Signs. Persons who are actively holding a garage sale in the City of Englewood Signs are permitted to place signs in the public right-of-way to advertise garage sales provided the following provisions are met: A. No garage sale sign shall exceed eighteen inches by eighteen inches (18" × 18"). B. All garage sale signs shall bear the address of the person holding the garage sale and date of sale. C. No garage sale sign shall be placed on a traffic control device or municipal utility structure. D. No garage sale sign shall obstruct the view of traffic within the public right-of-way or hinder municipal operations. E. No garage sale sign shall be posted more than three (3) days prior to the garage sale. Page 74 of 203 48 F. No garage sale sign shall be left posted more than one (1) day after the garage sale. G. E. It shall be prima facie evidence that the addressee identified on the garage sale sign has placed the sign in the public right-of-way. Section 4. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of April, 2017 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of April, 2017 Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of April, 2017 for thirty (30) days. A Public Hearing was held on May 1, 2017. Page 75 of 203 49 Read by Title and passed on final reading on the 15th day of May, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 18th day of May, 2017. Published by title on the City’s official website beginning on the 17th day of May, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2017. Stephanie Carlile Page 76 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Cindy Goodburn, John Kuosman DEPARTMENT: WWTP DATE: May 15, 2017 SUBJECT: L/E WWTP Centrifuge Variable Frequency Drive Replacement - Award of Design-Build Project DESCRIPTION: L/E WWTP Centrifuge Variable Frequency Drive Replacement - Award of Design-Build Project RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommended at its meeting on December 15, 2016 that Council approve, by Motion, the Design-Build Project Contract for the replacement of three (3) Centrifuge Variable Frequency Drives (VFDs) and associated control panels located at the L/E WWTP, in the amount of $854,910.00. PREVIOUS COUNCIL ACTION: Council approval of the 2017 Littleton/Englewood Wastewater Treatment Plant Budget. Council Study Session presentation of project on February 13, 2017. SUMMARY: The final step in the biosolids dewatering process is the scroll centrifuges, where the biosolids are mixed with polymer to thicken and spun to eliminate excess water. The biosolids are then transported to offsite farm sites located in eastern Colorado for beneficial use land application. Biosolids are used as fertilizer for dryland wheat and corn. The centrifuges were originally purchased in 1985. In 1996, they were upgraded by Centrisys with new hydraulic back drives and control systems. They receive annual maintenance and perform well when the Variable Frequency Drives (VFDs), which provide power to the back- drive motors, are working properly. The VFDs are an integral part of the operation of the scroll centrifuges. The VFDs allow automatic variation in the speed of the scroll centrifuges, which maintains proper biosolids thickness (i.e., percent solids) and solids capture, and keeps the centrate ‘clean’ of solids. The VFDs are at the end of their service life and parts for these units are no longer produced or supported by the manufacturer. As the units continue to age and decline in performance or fail, necessary repairs and replacements are not possible. Complete replacement of the VFDs is required to maintain operation of the dewatering process. Page 77 of 203 The project goal is to replace three (3) scroll centrifuge VFDs and associated control panels. In addition to lowering the risk of equipment failure, the replacements will provide improved communications with the plant control system, an updated operator interface, and will optimize centrifuge operation. The project is being presented via the Design-Build methodology, which will provide an efficient, effective project outcome and will ensure project success through the testing and acceptance process. Design-Build is a method of project delivery in which one entity, the Design-Build team, works under a single contract with the Owner to provide design and construction services. Testing and acceptance will be completed by the Design-Build team and will ensure the centrifuges are capable of providing the proper dewatering of biosolids to meet permit requirements and can be operated in the necessary treatment and weather conditions. Brown and Caldwell (BC) has submitted the proposal for Design-Build contracting of the project. This proposal provides a scope of services, fee proposal, project schedule, and subcontractor cost estimates which were critically reviewed and validated by the L/E WWTP staff. Proposed contract terms, are based upon standard forms from the Design-Build Institute of America. BC will provide a single point of responsibility for construction services, supervision, labor, equipment, materials, tools, incidentals, and services required for installation and integration of the centrifuge VFDs and control panels for the existing dewatering centrifuges and related appurtenances. Firms were contacted for the purpose of providing bids on the centrifuge VFD and control panels. The only firm that submitted a complete and responsive bid for the VFDs was Centrisys, the original manufacturer. Centrisys refurbished/rebuilt the centrifuges and provided the custom control system under the Phase 1B project. Centrisys has a designed VFD solution that will be warrantied as a complete unit. Replacing these drives with non-manufacturer supplied units requires custom engineering and would be warrantied as a stand-alone component, not as a complete unit with the centrifuges themselves. Other Contractors: • AmWest Controls (AmWest) is the Automation, Controls and SCADA System integrator for the Littleton/Englewood WWTP and will install and perform the programming to integrate the VFDs into the Supervisory Control and Data Acquisition (SCADA) system. This will provide the Operations staff with continuous control and data collection, currently not incorporated into the system. • McDade-Woodcock has been retained as the electrical contractor, specializing in electrical integration with control systems. McDade-Woodcock’s knowledge of the Littleton/Englewood WWTP’s electrical systems and the connection to the control system, and their experience working with AmWest will minimize disruptions to the project. During the December 2016 Supervisory Committee meeting the Scroll Centrifuge VFD Replacement project was discussed and approved for presentation to Englewood City Council. Page 78 of 203 FINANCIAL IMPLICATIONS: The total budgeted amount for Capital Replacement of VFDs in 2017 is $1,347,000.00. Scroll centrifuge VFD replacement project cost is $854,910.00 and is contained within that budgeted amount in the Business Services Division 90-1706-0004-05, GL Code 61301. As a capital replacement project, the funding will be split 50/50 with the City of Littleton. Rebates for these VFD replacements are expected from XCEL Energy. Though the exact amount will be determined by XCEL when the units are installed, it is anticipated that the rebate will be approximately $9,500.00 per unit for an approximate total of $28,500.00. ATTACHMENTS: Brown and Caldwell - Standard Form of Agreement for Design-Build Centrifuge VFD Project Power Point Presentation from the February 13, 2017 Council Study Session Minutes from the December 15, 2016 Supervisory Committee Meeting 2017 Budget Page Page 79 of 203 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN- BUILDER - COST PLUS FEE WITH AN OPTION FOR A GUARANTEED MAXIMUM PRICE (Revision date: May 3, 2017) Document No. 530 - Revised Second Edition 2010 © Design-Build Institute of America Washington, DC Page 80 of 203 TABLE OF CONTENTS Article Name Page Article 1 Scope of Work ........................................................................................... 2 Article 2 Contract Documents .................................................................................. 2 Article 3 Interpretation and Intent ............................................................................. 2 Article 4 Ownership of Work Product ....................................................................... 3 Article 5 Contract Time ............................................................................................ 4 Article 6 Contract Price ............................................................................................ 5 Article 7 Procedure for Payment .............................................................................. 6 Article 8 Termination for Convenience ..................................................................... 8 Article 9 Representatives of the Parties ................................................................... 8 Article 10 Bonds and Insurance ................................................................................. 9 Article 11 Other Provisions ...................................................................................... 10 Page 81 of 203 DBIA Document No. 530 – Revised Page 1 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the day of in the year of 20 17, by and between the following parties, for services in connection with the Project identified below: OWNER: City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110-2373 www.englewoodgov.org DESIGN-BUILDER: Brown and Caldwell Constructors 1527 Cole Boulevard, Suite 300 Lakewood, CO 80401 PROJECT: Littleton/Englewood Wastewater Treatment Plant (LEWWTP) Centrifuge VFD Panel Replacement Project In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. Page 82 of 203 DBIA Document No. 530 - Revised Page 2 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Article 1 Scope of Work 1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments, minor changes, and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (2010 Edition) (“General Conditions of Contract”); 2.1.2 Not Used 2.1.3 This Agreement, including all exhibits but excluding, if applicable, the GMP Exhibit; 2.1.4 The General Conditions of Contract; and 2.1.5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract. 2.2 The exhibits referred to in Section 2.1.3 are hereby incorporated by reference, and include the following: Exhibit A1 – Proposal Exhibit A2 - Scope of Work Exhibit B – Schedule Exhibit C – Fee Exhibit Exhibit D – Insurance Exhibit Exhibit E – Bond Forms Exhibit F – Owner’s Permit List (not used) Article 3 Interpretation and Intent 3.1 Design-Builder and Owner, prior to execution of the Agreement (and again, if applicable, at the time of acceptance of the GMP Proposal by Owner in accordance with Section 6.6.2 hereof), shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Design-Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement or, if applicable, prior to Owner’s acceptance of the GMP Proposal. 3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are Page 83 of 203 DBIA Document No. 530 - Revised Page 3 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America discovered after execution of the Agreement, or if applicable, after Owner’s acceptance of the GMP Proposal, Design-Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.4 If Owner’s Project Criteria contain design specifications: (a) Design-Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner’s Project Criteria, including any performance specifications; and (b) Design-Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance have been adversely impacted by such inaccurate design specification. 3.5 The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design-Builder to Owner under this Agreement (“Work Product”) are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below. 4.2 Owner’s Limited License upon Project Completion and Payment in Full to Design-Builder. Upon Owner’s payment in full for all Work performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner’s occupancy of the Project, conditioned on Owner’s express understanding that its alteration of the Work Product without the involvement of Design-Builder is at Owner’s sole risk and without liability or legal exposure to Design- Builder or anyone working by or through Design-Builder, including Design Consultants of any tier (collectively the “Indemnified Parties”), and on the Owner’s obligation to provide the indemnity set forth in Section 4.5 below. 4.3 Owner’s Limited License upon Owner’s Termination for Convenience or Design-Builder’s Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8 hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner’s payment in full of the amounts due Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, conditioned on the following: 4.3.1 Use of the Work Product is at Owner’s sole risk without liability or legal exposure to any Indemnified Party, and on the Owner’s obligation to provide the indemnity set forth in Section 4.5 below, and 4.3.2 Owner agrees to pay Design-Builder the additional sum of Zero Dollars ($0.00) as compensation for the right to use the Work Product to complete the Project and subsequently use the Work Product in accordance with Section 4.2 if Owner resumes the Project through its employees, agents, or third parties. Page 84 of 203 DBIA Document No. 530 - Revised Page 4 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America 4.4 Owner’s Limited License upon Design-Builder's Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design- Builder grants Owner a limited license to use the W ork Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design-Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design- Builder shall be entitled to the rights and remedies set forth in Section 4.3 above. 4.5 Owner’s Indemnification for Use of Work Product. If Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnify and hold harmless such Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from the use or alteration of the Work Product. Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design-Builder’s receipt of Owner’s Notice to Proceed (“Date of Commencement”) unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion. 5.2.1 Substantial Completion of the entire Work shall be achieved in accordance with a schedule mutually agreeable to Owner and Design-Builder (“Scheduled Substantial Completion Date”). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work (“Scheduled Interim Milestone Dates”) shall be achieved as follows: Substantial Completion of the Work shall occur within two hundred and nineteen (219) days from Notice to Proceed, as shown in Exhibit B – Schedule. 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 5.2.4 All of the dates set forth in this Article 5 (collectively the “Contract Time(s)”) shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by thirty (30) days after the Scheduled Substantial Completion Date (the “LD Date”), Design-Builder shall pay Owner Two-Hundred Dollars ($200.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. 5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature, incurred by Owner which are occasioned by any delay in achieving the Contract Time(s). Owner and Design-Builder agree that the maximum aggregate liability Page 85 of 203 DBIA Document No. 530 - Revised Page 5 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Design-Builder has for any liquidated damages that may be assessed under this Agreement for failure to achieve the Contract Time(s) shall not exceed the compensation due Design-Builder under this Agreement. 5.6 Not Used. 5.7 In addition to Design-Builder’s right to a time extension for those events set forth in Section 8.2.1 of the General Conditions of Contract, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract, provided, however, for Force Majeure Events, Design-Builder shall only be entitled to an increase in the Contract Price if said events exceed five (5) cumulative days. Said additional compensation shall be limited to the direct costs and expenses Design-Builder can demonstrate it has reasonably and actually incurred as a result of such event. Article 6 Contract Price 6.1 Contract Price. 6.1.1 Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract a contract price (“Contract Price”) equal to Design-Builder’s Fee (as defined in Section 6.2 hereof) plus the Cost of the Work (as defined in Section 6.3 hereof), subject to any GMP established in Section 6.6 hereof and any adjustments made in accordance with the General Conditions of Contract. 6.1.2 Not Used 6.2 Design-Builder’s Fee. 6.2.1 Design-Builder’s Fee is shown in Exhibit C – Fee Exhibit. 6.2.2 Design-Builder’s Fee will be adjusted as follows for changes in the Work, excluding work managed as Allowances: 6.2.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design-Builder shall receive a Fee of twelve percent (12%) of the additional Costs of the Work incurred for that Change Order, plus any other markups set forth in Exhibit C hereto. 6.2.2.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include no additional reduction to account for Design-Builder’s Fee or any other markup. 6.3 Cost of the Work. The term Cost of the Work shall mean costs reasonably and actually incurred by Design-Builder in the proper performance of the Work. The Cost of the Work shall include only the following: See Exhibit C – Fee Exhibit 6.4 Allowance Items and Allowance Values. 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in Exhibit C – Fee Exhibit. 6.4.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Page 86 of 203 DBIA Document No. 530 - Revised Page 6 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value. 6.4.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value. 6.5 Non-Reimbursable Costs. 6.5.1 The following shall not be deemed as costs of the W ork: 6.5.1.1 Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. 6.5.1.2 Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. 6.5.1.3 The cost of Design-Builder’s capital used in the performance of the Work. 6.5.1.4 If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. 6.6 The Guaranteed Maximum Price (“GMP”) - Not Applicable 6.7 Performance Incentives – Not Used Article 7 Procedure for Payment 7.1 Progress Payments. 7.1.1 Design-Builder shall submit to Owner on the twenty-fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design-Builder’s Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within ten (10) days after Owner’s receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Page 87 of 203 DBIA Document No. 530 - Revised Page 7 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.1.3 If Design-Builder’s Fee under Section 6.2.1 hereof is a fixed amount, the amount of Design- Builder’s Fee to be included in Design-Builder’s Applications for Payment shall be distributed as follows: - In the first Application for Payment, and paid by Owner, an amount not exceeding three percent (3%) for costs associated with Mobilization including, but not limited to, contract preparation, procurement and subcontracting of services, and down payment or retainer for subcontractor or supplier services, as may be applicable. - In the first and each subsequent monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder’s Fee reduced by the payment for Mobilization. 7.2 Retainage on Progress Payments. 7.2.1 Owner will retain five percent (5%) of the cost of Work, exclusive of general conditions costs, and any amounts paid to Design-Builder’s Design Consultant, from each Application for Payment provided, however, that when fifty percent (50%) of the Work has been satisfactorily completed by Design-Builder and Design-Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional amounts from Design-Builder’s subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.2.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to: (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion; and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract. 7.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design- Builder’s properly submitted and accurate Final Application for Payment (less any amount the parties may have agreed to set aside for warranty work) within thirty (30) days after Owner’s receipt of the Final Application for Payment, provided that Design-Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 7.4 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the rate of 1.0% per month (or maximum interest rate permitted by law, if less) month until paid. 7.5 Record Keeping and Finance Controls. Design-Builder acknowledges that this Agreement is to be administered on an “open book” arrangement relative to Costs of the Work. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner’s accountants shall be afforded access to, and the right to audit from time-to-time, upon reasonable notice, Design-Builder’s records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design-Builder’s offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design- Page 88 of 203 DBIA Document No. 530 - Revised Page 8 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit. Article 8 Termination for Convenience 8.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 8.1.3 Overhead and profit in the amount of twelve percent (12%) on the sum of items 8.1.1 and 8.1.2 above. 8.2 Not Used 8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 4.3 hereof. Such rights may not be transferred or assigned to others without Design-Builder’s express written consent and such third parties’ agreement to the terms of Article 4. Article 9 Representatives of the Parties 9.1 Owner’s Representatives. 9.1.1 Owner designates the individual listed below as its Senior Representative (“Owner Senior Representative”), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: John Kuosman, Plant Director Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Dr. Englewood, CO 80110 (303) 762-2600 9.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: Cindy Goodburn, Business Services Manager Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Dr. Englewood, CO 80110 (303) 762-2617 Page 89 of 203 DBIA Document No. 530 - Revised Page 9 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America 9.2 Design-Builder’s Representatives. 9.2.1 Design-Builder designates the individual listed below as its Senior Representative (“Design-Builder’s Senior Representative”), which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract, and which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: Brown and Caldwell Constructors Sergio Bazarevitsch Vice President 1527 Cole Boulevard, Suite 300 Lakewood, CO 80401 (213) 271-2223 9.2.2 Design-Builder designates the individual listed below as its Design-Builder’s Representative, which individual has the authority and responsibility to liaison with Owner: Daniel Clayton Managing Engineer 1527 Cole Boulevard, Suite 300 Lakewood, CO 80401 (303) 239-5432 Article 10 Bonds and Insurance 10.1 Insurance. Design-Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. 10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security: Performance Bond. Required Not Required Payment Bond. Required Not Required The performance bond and labor and material payment bond shall be in amount equal to the total listed in Exhibit C – Fee Exhibit and on a form substantially similar to those shown in Exhibit E – Bond Forms. Page 90 of 203 DBIA Document No. 530 - Revised Page 10 Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a GMP © 2010 Design-Build Institute of America Article 11 Other Provisions 11.1 Other provisions, if any, are as follows: Any claims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10.2 of the General Conditions of Contract shall be resolved in a court of competent jurisdiction in the state in which the Project is located. 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 Owner are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Owner's current fiscal period ending upon the next succeeding December 31. Financial obligations of Owner payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Owner and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.. Contractor shall not contract with a sub-contractor that fails to certify to the Contractor that the sub-contractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5- 102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly fired for employment to perform work under this public contract for services. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall; (1) notify the subcontractor and the Owner within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien.] (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). Page 91 of 203 Page 92 of 203                       This page intentionally left blank     Page 93 of 203 STANDARD FORM OF GENERAL CONDITIONS OF CONTRACT BETWEEN OWNER AND DESIGN-BUILDER (Revision date: March 20, 2017) Document No. 535 - Revised Second Edition, 2010 © Design-Build Institute of America Washington, DC Page 94 of 203 TABLE OF CONTENTS Article Name Page Article 1 General ...................................................................................................... 1 Article 2 Design-Builder’s Services and Responsibilities ......................................... 2 Article 3 Owner’s Services and Responsibilities ...................................................... 6 Article 4 Hazardous Conditions and Differing Site Conditions ................................. 8 Article 5 Insurance and Bonds ................................................................................. 9 Article 6 Payment ................................................................................................... 10 Article 7 Indemnification ......................................................................................... 13 Article 8 Time ......................................................................................................... 14 Article 9 Changes to the Contract Price and Time ................................................. 14 Article 10 Contract Adjustments and Disputes ......................................................... 16 Article 11 Stop Work and Termination for Cause ..................................................... 17 Article 12 Electronic Data ........................................................................................ 19 Article 13 Miscellaneous .......................................................................................... 21 Page 95 of 203 DBIA Document No. 535 - Revised Page 1 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America Article 1 General 1.1 Mutual Obligations 1.1.1 Owner and Design-Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design-Builder under either DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder - Lump Sum (2010 Edition) or DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition). 1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, the Basis of Design Documents are those documents specifically listed in, as applicable, the GMP Exhibit or GMP Proposal as being the “Basis of Design Documents.” For DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder – Lump Sum, the Basis of Design Documents are the Owner’s Project Criteria, Design-Builder’s Proposal and the Deviation List, if any. 1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design-Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both the Owner and Design-Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract. 1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.5 Design-Build Team is comprised of the Design-Builder, the Design Consultant, and key Subcontractors identified by the Design-Builder. 1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder, to furnish design services required under the Contract Documents. A Design Sub-Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents. 1.2.7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section 6.7.2. 1.2.8 Force Majeure Events are those events that are beyond the control of both Design-Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 1.2.9 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (2010 Edition). Page 96 of 203 DBIA Document No. 535 - Revised Page 2 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 1.2.10 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, which exhibit will have been agreed upon by Owner and Design-Builder prior to the execution of the Agreement. 1.2.11 GMP Proposal means that proposal developed by Design-Builder in accordance with Section 6.6 of DBIA Document No. 530, Standard Form of Agreement Between Owner and Design- Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price. 1.2.12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. 1.2.13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. 1.2.14 Owner’s Project Criteria are developed by or for Owner to describe Owner’s program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design- Builder’s performance of the Work. Owner’s Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project-specific technical materials and requirements. 1.2.15 Site is the land or premises on which the Project is located. 1.2.16 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.17 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor’s Work and shall include materialmen and suppliers. 1.2.18 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.19 Work is comprised of all Design-Builder’s design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. Article 2 Design-Builder’s Services and Responsibilities 2.1 General Services. 2.1.1 Design-Builder’s Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder’s Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder’s Representative may be replaced only with the mutual agreement of Owner and Design-Builder. Page 97 of 203 DBIA Document No. 535 - Revised Page 3 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 2.1.2 Design-Builder shall provide Owner with a monthly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Standard Form of Agreement Between Owner and Design- Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price; and (v) other items that require resolution so as not to jeopardize Design-Builder’s ability to complete the Work for the Contract Price and within the Contract Time(s). 2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner’s review and response. The schedule shall indicate the dates for the start and completion of the various stages of W ork, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner’s review of, and response to, the schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.2 Design Professional Services. 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder or its parent company, Brown and Caldwell, Inc., or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. 2.3 Standard of Care for Design Professional Services. 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. 2.4 Design Development Services. 2.4.1 It is expressly understood and agreed that the Proposal and Scope of Work (Agreement Exhibits A1 and A2, respectively) represent the scope of work and have been developed to such a level that they will form the basis for the Construction Documents. Together with the Owner- provided data, used to establish the numerical criteria for performance acceptance (paragraph 1.09 C of Section 11 36 05 in the Basis of Design Documents), the Basis of Design Documents will be the initial Construction Documents. 2.4.2 After the start of the Contract, Owner may request changes, pursuant to Article 9, to the Basis of Design and/or the Construction Documents for which Design Development Services are required. Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications Page 98 of 203 DBIA Document No. 535 - Revised Page 4 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.2. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design- Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design-Builder’s schedule. 2.4.3 Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.2 above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner’s review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the W ork. Neither Owner’s review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design- Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements. 2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design- Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design-Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits. 2.6.1 Except as identified in an Owner’s Permit List attached as an exhibit to the Agreement, Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi- government entity having jurisdiction over the Project. 2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner’s responsibility. Page 99 of 203 DBIA Document No. 535 - Revised Page 5 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 2.7 Design-Builder’s Construction Phase Services. 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design- Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design-Builder’s selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner’s decision impacts Design-Builder’s cost and/or time of performance. 2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary rights. 2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner’s control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 2.7.6 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. 2.8 Design-Builder’s Responsibility for Project Safety. 2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design-Builder’s Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design- Builder’s personnel, Subcontractors and others as applicable. 2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury, loss, damage or accident Page 100 of 203 DBIA Document No. 535 - Revised Page 6 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America arising from the Work to Owner’s Representative and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety- related matters involving the Project or the Work. 2.8.3 Design-Builder’s responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work. 2.9 Design-Builder’s Warranty. 2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder’s warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer’s warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design-Builder will provide Owner with all manufacturers’ warranties upon Substantial Completion. 2.10 Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents. 2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design- Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder’s other obligations under the Contract Documents. Article 3 Owner’s Services and Responsibilities 3.1 Duty to Cooperate. 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design-Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design-Builder’s Page 101 of 203 DBIA Document No. 535 - Revised Page 7 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America timely and efficient performance of the Work and so as not to delay or interfere with Design- Builder’s performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design-Builder’s schedule. 3.1.3 Owner shall give Design-Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents. 3.2 Furnishing of Services and Information. 3.2.1 Unless expressly stated to the contrary in the Contract Documents, but particularly Exhibit A1 – Proposal and Exhibit A2 - Scope of Work, Owner shall provide, at its own cost and expense, for Design-Builder’s information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 3.2.1.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; 3.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site; 3.2.1.3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design-Builder to perform the Work; 3.2.1.4 A legal description of the Site; 3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and 3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.1.7 Information specifically cited in paragraph 11 36 05-1.09.C, Exhibit A2 to the Agreement. 3.2.1.8 Laboratory sample results, as may be performed by the LEWWTP laboratory, pursuant to the requirements for Performance Acceptance Testing, cited in paragraph 11 36 05-3.05, Exhibit A2 to the Agreement. 3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work. Owner is further responsible for all costs, including attorneys’ fees, incurred in securing these necessary agreements. 3.3 Financial Information. 3.3.1 At Design-Builder’s request, Owner shall promptly furnish reasonable evidence satisfactory to Design-Builder that Owner has adequate funds available and committed to fulfill all of Owner’s contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design-Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. 3.3.2 Design-Builder shall cooperate with the reasonable requirements of Owner’s lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Page 102 of 203 DBIA Document No. 535 - Revised Page 8 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America Design-Builder shall have no obligation to execute for Owner or Owner’s lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.4 Owner’s Representative. 3.4.1 Owner’s Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner’s Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner’s Representative shall communicate regularly with Design-Builder and shall be vested with the authority to act on behalf of Owner. 3.5 Government Approvals and Permits. 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Owner’s Permit List attached as an exhibit to the Agreement. 3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder’s responsibility. 3.6 Owner’s Separate Contractors. 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner’s control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. Article 4 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design-Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi- government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. Page 103 of 203 DBIA Document No. 535 - Revised Page 9 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design-Builder shall indemnify, defend and hold harmless Owner and Owner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. 4.2 Differing Site Conditions. 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as “Differing Site Conditions.” If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Article 5 Insurance and Bonds 5.1 Design-Builder’s Insurance Requirements. 5.1.1 Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement. 5.1.2 Design-Builder’s insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build delivery of the Project. 5.1.3 Prior to commencing any construction services hereunder, Design-Builder shall provide Owner with certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any Page 104 of 203 DBIA Document No. 535 - Revised Page 10 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design-Builder with reasonable promptness according to the Design-Builder’s information and belief. 5.2 Owner’s Liability Insurance. 5.2.1 Owner shall procure and maintain from insurance companies authorized to do business in the state in which the Project is located such liability insurance as set forth in the Insurance Exhibit to the Agreement to protect Owner from claims which may arise from the performance of Owner’s obligations under the Contract Documents or Owner’s conduct during the course of the Project. 5.3 Installer Insurance. 5.3.1 Design-Builder shall obtain and maintain Builder’s Risk Property Insurance including work and materials, upon the entire project for the full replacement cost at the time of loss. This insurance shall include as named or additional insureds Design-Builder, Subcontractors and Sub- subcontractors. The policy shall insure against direct risk of physical loss or damage including flood or other water damage, earthquake, transit, off-premises storage, boiler and machinery, delay in opening, testing (both hot and cold). Minimum deductible for all risks perils is $5,000 except flood and earthquake which shall be $5,000 and $5,000 respectively. 5.4 Bonds and Other Performance Security. 5.4.1 If Owner requires Design-Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement. 5.4.2 All bonds furnished by Design-Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. Article 6 Payment 6.1 Schedule of Values. 6.1.1 Unless required by the Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design-Builder shall submit for Owner’s review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 6.1.2 The Owner will timely review and approve the schedule of values so as not to delay the submission of the Design-Builder’s first application for payment. The Owner and Design-Builder shall timely resolve any differences so as not to delay the Design-Builder’s submission of its first application for payment. 6.2 Monthly Progress Payments. 6.2.1 On or before the date established in the Agreement, Design-Builder shall submit for Owner’s review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be Page 105 of 203 DBIA Document No. 535 - Revised Page 11 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof. 6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 6.2.3 All discounts offered by Subcontractor, Sub-Subcontractors and suppliers to Design- Builder for early payment shall accrue one hundred percent to Design-Builder to the extent Design- Builder advances payment. Unless Owner advances payment to Design-Builder specifically to receive the discount, Design-Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought. 6.2.4 The Application for Payment shall constitute Design-Builder’s representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder’s receipt of payment, whichever occurs earlier. 6.3 Withholding of Payments. 6.3.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment as a result of Design-Builder’s failure to meet its obligations hereunder, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner’s concerns. Design-Builder and Owner will attempt to resolve Owner’s concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof. 6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 6.4 Right to Stop Work and Interest. 6.4.1 If Owner fails to pay timely Design-Builder any amount that becomes due, Design-Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. All payments due and unpaid shall bear interest at the rate set forth in the Agreement. 6.5 Design-Builder’s Payment Obligations. 6.5.1 Design-Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design-Builder will indemnify and defend Owner against any claims for payment and mechanic’s liens as set forth in Section 7.3 hereof. 6.6 Substantial Completion. 6.6.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Page 106 of 203 DBIA Document No. 535 - Revised Page 12 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America Owner’s receipt of Design-Builder’s notice, Owner and Design-Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner’s and Design-Builder’s responsibility for the Project’s security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6.6.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design- Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design-Builder agree that Owner’s use or occupancy will not interfere with Design- Builder’s completion of the remaining Work. 6.7 Final Payment. 6.7.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement, provided that Design-Builder has achieved Final Completion. 6.7.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the following information: 6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner’s interests; 6.7.2.2 A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 6.7.2.3 Consent of Design-Builder’s surety, if any, to final payment; 6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 6.7.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder’s failure to satisfy its payment obligations, if such failure affects Owner’s interests, (ii) Design-Builder’s failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents. 6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed Page 107 of 203 DBIA Document No. 535 - Revised Page 13 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design-Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed. Article 7 Indemnification 7.1 Patent and Copyright Infringement. 7.1.1 Design-Builder will indemnify, defend, and hold Owner harmless from all indemnifiable losses arising from any third party claims that any Work or methodology supplied by Design-Builder 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 in combination with products or services not provided by Design-Builder 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 made by Owner or anyone other than Design-Builder or its Subcontractors; or (3) use of the Work other than as permitted under the Agreement or these General Conditions. 7.2 Not Used. 7.3 Not Used. 7.4 Design-Builder’s General Indemnification. 7.4.1 Design-Builder shall indemnify, defend and hold harmless Owner, its directors, officers, employees, and agents and the heirs, executors, and successors of any of the foregoing (the “Owner 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 an Owner Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Design-Builder or its representatives in the performance of Design-Builder’s obligations under the Agreement or the General Conditions, or (2) any material breach in a representation, warranty, covenant or obligation of Design-Builder contained in the Agreement or the General Conditions. 7.5 Indemnification Procedures. 7.5.1 Notwithstanding anything else contained in the Agreement or General Conditions, no obligation to indemnify which is set forth in this Article 7 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. 7.5 Immunity. Page 108 of 203 DBIA Document No. 535 - Revised Page 14 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 7.5.1 Owner, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to Owner, its officers, or its employees. Article 8 Time 8.1 Obligation to Achieve the Contract Times. 8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement. 8.2 Delays to the Work. 8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design-Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner’s control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. 8.2.2 In addition to Design-Builder’s right to a time extension for those events set forth in Section 8.2.1 above, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price provided, however, that the Contract Price shall not be adjusted for Force Majeure Events unless otherwise provided in the Agreement. Article 9 Changes to the Contract Price and Time 9.1 Change Orders. 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder, stating their agreement upon all of the following: 9.1.1.1 The scope of the change in the Work; 9.1.1.2 The amount of the adjustment to the Contract Price; and 9.1.1.3 The extent of the adjustment to the Contract Time(s). 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 9.1.3 If Owner requests a proposal for a change in the W ork from Design-Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. Page 109 of 203 DBIA Document No. 535 - Revised Page 15 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 9.2 Work Change Directives. 9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 9.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 9.3 Minor Changes in the Work. 9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 9.4 Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; 9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or 9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through 9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 9.4.3 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design-Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner’s interpretations. If the parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner’s interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design-Builder (i) directing Design-Builder to proceed and (ii) specifying Owner’s interpretation of the services that are to be performed. If this occurs, Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner’s right to argue that it has no responsibility to pay for Page 110 of 203 DBIA Document No. 535 - Revised Page 16 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America such services and (ii) receipt of such payment by Design-Builder does not prejudice Design- Builder’s right to seek full payment of the disputed services if Owner’s order is deemed to be a change to the Work. 9.5 Emergencies. 9.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. Article 10 Contract Adjustments and Disputes 10.1 Requests for Contract Adjustments and Relief. 10.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 10.2 Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 10.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design-Builder’s Representative and Owner’s Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design-Builder mutually agree otherwise. 10.2.3 If a dispute or disagreement cannot be resolved through Design-Builder’s Representative and Owner’s Representative, Design-Builder’s Senior Representative and Owner’s Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Five (5) days prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 10.3 Not Used. Page 111 of 203 DBIA Document No. 535 - Revised Page 17 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 10.4 Duty to Continue Performance. 10.4.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design-Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner. 10.5 CONSEQUENTIAL DAMAGES. 10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN-BUILDER NOR OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. 10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design-Builder for some damages that might otherwise be deemed to be consequential. Article 11 Stop Work and Termination for Cause 11.1 Owner’s Right to Stop Work. 11.1.1 Owner may, without cause and for its convenience, order Design-Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 11.1.2 Design-Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner. 11.2 Owner’s Right to Perform and Terminate for Cause. 11.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below. 11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design-Builder’s receipt of such notice. If Design-Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all Page 112 of 203 DBIA Document No. 535 - Revised Page 18 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior to its default. If Owner’s cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys’ fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design-Builder’s default, subject to the waiver of consequential damages set forth in Section 10.5 hereof. 11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement. 11.3 Design-Builder’s Right to Stop Work. 11.3.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons: 11.3.1.1 Owner’s failure to provide financial assurances as required under Section 3.3 hereof; or 11.3.1.2 Owner’s failure to pay amounts properly due under Design-Builder’s Application for Payment. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design-Builder has the right to provide Owner with written notice that Design-Builder will stop the Work unless said event is cured within seven (7) days from Owner’s receipt of Design-Builder’s notice. If Owner does not cure the problem within such seven (7) day period, Design-Builder may stop the Work. In such case, Design-Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 11.4 Design-Builder’s Right to Terminate for Cause. 11.4.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: 11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible. 11.4.1.2 Owner’s failure to provide Design-Builder with any information, permits or approvals that are Owner’s responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. Page 113 of 203 DBIA Document No. 535 - Revised Page 19 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 11.4.1.3 Owner’s failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner’s receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.5 Bankruptcy of Owner or Design-Builder. 11.5.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the “Bankrupt Party”), such event may impair or frustrate the Bankrupt Party’s ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non-Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this Article 11. 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions of Contract. Article 12 Electronic Data 12.1 Electronic Data. 12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design-Builder and others in electronic media as an alternative to paper hard copies (collectively “Electronic Data”). Page 114 of 203 DBIA Document No. 535 - Revised Page 20 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 12.2 Transmission of Electronic Data. 12.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 12.3 Electronic Data Protocol. 12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3. 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Page 115 of 203 DBIA Document No. 535 - Revised Page 21 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America Article 13 Miscellaneous 13.1 Confidential Information. 13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. 13.2 Assignment. 13.2.1 Neither Design-Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 13.3 Successorship. 13.3.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 13.4 Governing Law. 13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 13.5 Severability. 13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 13.6 No Waiver. 13.6.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 13.7 Headings. 13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. Page 116 of 203 DBIA Document No. 535 - Revised Page 22 Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2010 Design-Build Institute of America 13.8 Notice. 13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient. 13.9 Amendments. 13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. Page 117 of 203 EXHIBIT A1 – PROPOSAL Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project Page 118 of 203                       This page intentionally left blank     Page 119 of 203 1527 Cole Boulevard, Suite 300 Lakewood, CO 80401 T: 303.239.5400 F: 303.239.5454 le-centrif_control_proposal cover letter 10-4-16_final.docx October 4, 2016 Ms. Cindy Goodburn Business Services Manager Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Drive Englewood, CO 80110 Subject: DRAFT Revised Proposal for Design-Build: Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project (Project) Dear Ms. Goodburn: Brown and Caldwell (BC) is pleased to submit this draft revised proposal for Design-Build contracting of the subject Project. This proposal provides a scope of services, schedule and cost estimate for your review and consideration. BC asks for the opportunity to meet and discuss any questions you may have about the proposal. Scope of Services The proposed work has been described in the Draft Section 11 36 05 Dewatering Centrifuge Control Panels, prepared in collaboration with LEWWTP, included as Attach- ment “A”. We propose to provide the project, generally as described in Section 11 36 05 and subject to final negotiations with LEWWTP and our proposed subcontrac- tors. Services by BC include the following: 1. Removal of three (3) existing centrifuge control panels and related appurte- nances. 2. Design and fabrication of three (3) centrifuge control panels and integrated con- trol system. Panel shall be arranged for dedicated field wiring terminations rated for 600 VAC or less for power, control, and instrument signal wiring, in accord- ance with NEC Article 409. It shall be fabricated by a UL-508A recognized facility and shall bear the appropriate UL 508A Industrial Control Panel label. Panels shall be labeled in accordance with Article 409 of the National Electrical Code. 3. Furnishing supervision, labor, equipment, materials, tools, incidentals, and ser- vices required for installation of the centrifuge control panels for existing dewater- ing centrifuges and related appurtenances. Components include, but are not lim- ited to: a. Line side filter b. Main drive variable frequency drive Page 120 of 203 Ms. Cindy Goodburn Littleton/Englewood Wastewater Treatment Plant October 4, 2016 Page 2 le-centrif_control_proposal cover letter 10-4-16_final.docx c. Hydraulic back drive starter d. Lube oil pump starter e. Programmable logic controller f. Ancillary equipment and materials required to meet the requirements of this specification g. Conduct all shop, field, and performance tests of equipment and integrated control system. h. Installation, adjustment, and performance testing of the control panels. i. Start-up and training services for all equipment supplied under this specifi- cation. The project includes all engineering, design, project management, subcontractor and equipment procurement, construction management, mechanical, electrical and instru- mentation and controls to complete the project and furnish a fully operating system. Brown and Caldwell has revised the project schedule to reflect those activities and timelines required to provide a fully functioning system (Substantial Completion) by August 10, 2017. Our revised draft project schedule is presented as Attachment “B”. Project Approach Upon receipt of Notice-to-Proceed (NTP) from LEWWTP, assumed in the project schedule as January 3, 2017, BC will mobilize and implement the project’s delivery. Procurement of the electrical panels will begin immediately with the goal to complete the shop drawings and order the panels by February 20, 2017. The manufacturing and delivery of the panels is forecast to be completed by May 1, 2017. This activity drives the entire project schedule and BC recommends we work collaboratively with LEWWTP and Centrisys (Manufacturer) to expedite the panel delivery as reasonably as possible. An earlier NTP, if possible, would aid in moving this activity along faster. In parallel, BC will complete subcontracting for McDade-Woodcock (Electrical Contractor, AmWest (Integrator) and EPS (for harmonics verification testing). Initial project plans will be developed shortly thereafter, including: • Health and Safety plans • Integrator Implementation Plan • Performance Acceptance Test (PAT) Plan, including training • Field wiring interface verification plan • Plan for documentation of pre-construction and post- construction centrifuge control system performance. This work would involve support from LEWWTP staff. • Plan for documentation of pre-construction and post-construction centrifuge per- formance. As discussed, LEWWTP will help with compilation of performance da- ta consistent with paragraph 11 36 05-1.09. Verification of field wiring is the first element of field work to be accomplished prior to final panel construction. This work will be accomplished by McDade-Woodcock and Page 121 of 203 Ms. Cindy Goodburn Littleton/Englewood Wastewater Treatment Plant October 4, 2016 Page 3 le-centrif_control_proposal cover letter 10-4-16_final.docx AmWest. In conjunction with the expected panel delivery date, BC will mobilize McDade- Woodcock and AmWest to complete the demolition, installation, wring-out, startup and commissioning of the new panels. We propose a two-step harmonic testing program with EPS. The initial testing would occur after commissioning of the first panel and the final testing after all panels are installed. Inclusions, Exclusions and Clarifications Inclusions, Exclusions and Clarifications proposed for this contract are presented in Attachment D. We intend for this attachment to be appended to the proposed contract documents transmitted to you on September 9, 2016. Staffing Brown and Caldwell will furnish the following team members to execute this project: • Robert (Bobby) Strickland - responsible for project delivery as the overall BC De- sign-Build Project Manager. • Dan Clayton – who will service as Design Manager and regularly communicate with LEWWTP Project Manager, Cindy Goodburn. • Randy Tirpak – who will provide construction management oversight and assis- tance to Sam McBride during construction. • Sam McBride – who will conduct shop drawing review and EI&C field observation and coordination during testing, as well as informal -communications with LEWWTP staff, and reside on site during construction as project construction manager. • Jessica Dickerson – Project Controls Manager – responsible for tracking project costs, invoicing, and contract and subcontract management assistance. • Steve Hinman, P.E. – Electrical Engineer responsible for technical oversight of the work and Engineer of Record. For testing and other electrical analyses, Ste- ve will be assisted by Kellen Gross. • Sergio Bazarevitsch, VP – responsible Principal in Charge for this project. • Sarah Reeves – Client Service Manager --- responsible for assuring client satis- faction. See the organization chart in Attachment “C”. Page 122 of 203 Ms. Cindy Goodburn Littleton/Englewood Wastewater Treatment Plant October 4, 2016 Page 4 le-centrif_control_proposal cover letter 10-4-16_final.docx Fee Estimate Brown and Caldwell will deliver the Project for a projected range of $812,000 to $898,400 on a time and material reimbursement basis. The time and material rates shall be negotiated at the time of acceptance of BC fee and schedule. The Fee Estimate presented in the following table. LEWWTP VFD Panel Replacement Fee Range Cost Item Cost Comments 1. BC Services - Labor $ 131,200 Based labor cost and multiplier. This cost will not change, unless there is a scope or schedule change 2. Direct costs, including subcontrac- tors and General Conditions $ 507,100 Based on proposals received from Centisys, AmWest, and McDade- Woodcock, and quotes from Emerson and EPS 3. Contingency $ 63,800 Based on 10% of items 1-2 4. Performance and Payment Bonds, and Builders Risk Insurance $ 21,100 Based on 3% of items 1-3 5. Fixed Fee $ 95,000 Fee for services excluding item 1. This cost will not change, unless there is a scope or schedule change SUB-TOTAL $ 818,200 6. Taxes $ 36,500 Based on 7.75% City of Englewood rate, and incorporating requisite tax exemptions. TOTAL $ 854,700 Cost Range of -5% to +5% -5% $ 812,000 5% $ 897,400 Page 123 of 203 Ms. Cindy Goodburn Littleton/Englewood Wastewater Treatment Plant October 4, 2016 Page 5 le-centrif_control_proposal cover letter 10-4-16_final.docx Project Contingency BC recommends a contingency be established for the project. The intent is that the project contingency be tracked and managed by BC on behalf of LEWWTP. The contin- gency shall be used for foreseen (listed below) and unforeseen conditions, as necessary, and in agreement with LE prior to expenditure. As noted above, the recommended amount of the Project Contingency is $63,800. • Conductor replacement, should this be required • Laboratory analyses costs • Others as identified by the BC during the project Project Allowance BC recommends an allowance be established for the project separate from the Project Contingency. The intent is that should an unanticipated performance test interruption occur during the seven (7) day performance test., at no fault of BC or its subcontractors, the performance test will be re-started and another seven (7) day test will be performed. The Project Allowance is predicated on a worse-case scenario where the performance test interruption occurs on day six (6) of the performance testing. The recommended amount of the Project Allowance is $ 22,420 and includes BC general conditions and subcontractor costs. This allowance is within the range of fee value reported in the table. We propose that this allowance would be implemented by execution of a formal change order. Brown and Caldwell appreciates this opportunity to submit our design-build proposal to LEWWTP. We look forward to implementing the design and construction of the project to meet LEWWTP’s immediate needs. Please contact Dan Clayton at (303) 239-5432 with questions and comments on this proposal. As always, Sarah Reeves is always available at (303) 239-5411 to help with any concerns. Very truly yours, Brown and Caldwell Daniel W. Clayton, P.E. Design Manager Sergio Bazarevitsch Robert L Strickland Vice President Project Manager Manager Page 124 of 203 Ms. Cindy Goodburn Littleton/Englewood Wastewater Treatment Plant October 4, 2016 Page 6 le-centrif_control_proposal cover letter 10-4-16_final.docx cc: Sarah Reeves, V.P, Brown and Caldwell Attachments (4) A. Draft Section 11 36 05 Dewatering Centrifuge Control Panels B. Draft Project Schedule C. Organization Chart D. Assumptions, Clarifications, Exclusions Page 125 of 203 ATTACHMENT A Draft Section 11 36 05 Dewatering Centrifuge Control Panels Page 126 of 203                       This page intentionally left blank     Page 127 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS SID71394 11 36 05 - 1 October 3, 2016 SECTION 11 36 05 DEWATERING CENTRIFUGE CONTROL PANELS PART 1 GENERAL 1.01 SCOPE OF WORK A. Work described in this section includes the following: 1. Removal of three (3) existing centrifuge control panels and related appurtenances. 2. Design and fabrication of three (3) centrifuge control panels and integrated control system. Panel shall be arranged for dedicated field wiring terminations rated for 600 VAC or less for power, control, and instrument signal wiring, in accordance with NEC Article 409. It shall be fabricated by a UL-508A recognized facility and shall bear the appropriate UL 508A Industrial Control Panel label. Panels shall be labeled in accordance with Article 409 of the National Electrical Code. 3. Furnishing supervision, labor, equipment, materials, tools, incidentals, and services required for installation of the centrifuge control panels for existing dewatering centrifuges and related appurtenances. Components include, but are not limited to: a. Line side filter b. Main drive variable frequency drive c. Hydraulic back drive starter d. Lube oil pump starter e. Programmable logic controller f. Ancillary equipment and materials required to meet the requirements of this specification g. Conduct all shop, field, and performance tests of equipment and integrated control system. h. Installation, adjustment, and performance testing of the control panels. i. Start-up and training services for all equipment supplied under this specification. B. The Centrifuge Manufacturer (MANUFACTURER) shall be responsible for providing a complete centrifuge control and monitoring system, as described herein. A complete system (all electrical equipment and controls in a single cabinet) shall include specifically named equipment to match plant standards, as described herein. 1. The control panels shall control and monitor the existing Centrisys centrifuges with hydraulic back drive and shall eliminate the need for the existing CVC back drive controller. The control panel shall provide all control and functionality of the existing control panels through the control panel PLC and interface with the plant SCADA system, as specified. 2. The existing centrifuge system performance shall be verified prior to release of new centrifuge control panel production. At a minimum, the MANUFACTURER shall review and analyze OWNER-provided historical data pursuant to paragraph 11 36 05- 1.09.C, and develop baseline performance metrics for each machine by operating season. 3. The MANUFACTURER shall prepare and implement the procedure demonstrating and documenting each new centrifuge control systems performance and verification of performance post-construction per requirements of this Section. 4. Panel construction shall be by a UL listed panel shop under the direction of the MANUFACTURER (drawings, programming and Factory Acceptance Testing by MANUFACTURER). [SUPERCEDED - SEE EXHIBIT A2 TO AGREEMENT] Page 128 of 203                       This page intentionally left blank     Page 129 of 203 ATTACHMENT B Draft Project Schedule Page 130 of 203                       This page intentionally left blank     Page 131 of 203 ID Task ModeTask NameDuration Start Finish Predecessors1Submit revised proposal to client0 daysMon 10/3/16Mon 10/3/162Supervisory Committee Meeting1 dayThu 10/20/16Thu 10/20/161FS+13 days3City Council Meetings2 daysMon 12/5/16Tue 12/6/162FS+11 days4Contract Negotiations20 daysFri 10/21/16Thu 11/17/1625Contract Executed0 daysThu 12/8/16Thu 12/8/164,3FS+2 days6NTP0 daysTue 1/3/17Tue 1/3/175FS+18 days7Issue PO for Elec Panels1 dayThu 1/12/17Thu 1/12/176FS+6 days8Vendor Prepare and Submit Shop Drwg16 daysFri 1/13/17Fri 2/3/1779I/O Check and PLC Documentation2 daysTue 1/17/17Wed 1/18/178SS+2 days10Existing power conductor insulation testing2 daysThu 1/19/17Fri 1/20/17911Manufacturer provides PLC interface list0 daysTue 1/31/17Tue 1/31/176FS+4 wks12BC Review and Respond to Shop Drwg10 daysMon 2/6/17Fri 2/17/17813BC and subcontractors mobilize to site0 daysMon 4/17/17Mon 4/17/1714FS-11 days14Order Elect Panels and receive on site51 daysMon 2/20/17Mon 5/1/171215Manufacturer provides PLC and OIT programs0 daysTue 4/4/17Tue 4/4/1726SS-6 wks16PLC Programming1 monFri 4/7/17Thu 5/4/1717FF,1517Remove Ex Panel No 1 and appurtenances3 daysTue 5/2/17Thu 5/4/171418Install new Panel No 1 and appurtenances5 daysFri 5/5/17Thu 5/11/171719Remove Ex Panel No 2 and appurtenances3 daysTue 6/6/17Thu 6/8/174520Install new Panel No 2 and appurtenances5 daysFri 6/9/17Thu 6/15/171921Remove Ex Panel No 3 and appurtenances3 daysMon 7/10/17Wed 7/12/174622Install new Panel No 3 and appurtenances5 daysThu 7/13/17Wed 7/19/172123New power conductor insulation testing No 11 dayFri 5/12/17Fri 5/12/171824New power conductor insulation testing No 21 dayFri 6/16/17Fri 6/16/172025New power conductor insulation testing No 31 dayThu 7/20/17Thu 7/20/172226Machine Startup No 11 dayTue 5/16/17Tue 5/16/1738,2310/310/2012/81/31/314/174/49/2510/910/2311/611/2012/412/181/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/10September 1October 1November 1December 1January 1February 1March 1April 1May 1June 1July 1August 1September 1TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: LE WWTP Mod 5V2Date: Mon 10/3/16Page 132 of 203 ID Task ModeTask NameDuration Start Finish Predecessors27Machine Startup No 21 dayTue 6/20/17Tue 6/20/1739,2428Machine Startup No 31 dayMon 7/24/17Mon 7/24/1740,2529Initial Field Test No 12 daysThu 5/18/17Fri 5/19/1726,4130Initial Field Test No 22 daysWed 6/21/17Thu 6/22/172731Initial Field Test No 32 daysTue 7/25/17Wed 7/26/172832PLC Trouble-shooting No 12 daysMon 5/22/17Tue 5/23/172933PLC Trouble-shooting No 21 dayFri 6/23/17Fri 6/23/173034PLC Trouble-shooting No 31 dayThu 7/27/17Thu 7/27/173135Inspect wiring and controls installation No 12 daysFri 5/12/17Mon 5/15/171836Inspect wiring and controls installation No 22 daysFri 6/16/17Mon 6/19/172037Inspect wiring and controls installation No 32 daysThu 7/20/17Fri 7/21/172238Manufacturer Installation Inspection No 11 dayMon 5/15/17Mon 5/15/172339Manufacturer Installation Inspection No 21 dayMon 6/19/17Mon 6/19/172440Manufacturer Installation Inspection No 31 dayFri 7/21/17Fri 7/21/172541Class Room Training on entire system2 daysTue 5/16/17Wed 5/17/173842Performance Accept Testing (PAT) Optimization/Training No 11 dayMon 5/22/17Mon 5/22/1738,2943PAT Optimization/Training No 21 dayFri 6/23/17Fri 6/23/1739,3044PAT Optimization/Training No 31 dayThu 7/27/17Thu 7/27/1740,3145PAT No 1 (7 day)2 wksTue 5/23/17Mon 6/5/1729,4246PAT No 2 (7 day)2 wksMon 6/26/17Fri 7/7/1730,4347PAT No 3 (7 day)2 wksFri 7/28/17Thu 8/10/1731,4448Substantial Completion0 daysThu 8/10/17Thu 8/10/174749Final Completion0 daysWed 8/23/17Wed 8/23/1737,48,47,31FS+1 mon8/108/239/2510/910/2311/611/2012/412/181/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/10September 1October 1November 1December 1January 1February 1March 1April 1May 1June 1July 1August 1September 1TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 2Project: LE WWTP Mod 5V2Date: Mon 10/3/16Page 133 of 203 ATTACHMENT C Organization Chart Page 134 of 203                       This page intentionally left blank     Page 135 of 203 Littleton-Englewood Centrifuge Controls Design-Build Project Revised Draft Proposal C-1 October 4, 2016 LEWWTP Bobby Strickland, BC PM Dan Clayton, PE Design Manager Randy Tirpak, Field Manager Sam McBride, EI+C Inspection McDade-Woodlock AMWest Centrisys EPS Steve Hinman, PE Engineer of Record Kellen Gross, Electrical Engineer Cindy Goodburn, P.M Sergio Bazarevitsch, PIC Sarah Reeves, CSM Sam McBride, Shop Drawing Review Jessica Dickerson Project Controls Manager Page 136 of 203 Littleton-Englewood Centrifuge Controls Design-Build Project Revised Draft Proposal C-2 October 4, 2016 This page intentionally left blank Page 137 of 203 ATTACHMENT D Assumptions, Clarifications, Exclusions Page 138 of 203                       This page intentionally left blank     Page 139 of 203 Littleton-Englewood Centrifuge Controls Design-Build Project Revised Draft Proposal D-1 October 4, 2016 CLARIFICATIONS Brown and Caldwell (BC) has incorporated the services of the following subcontractors and their services into the captioned design-build project: ·Electrical Subcontractor: McDade-Woodcock, Inc. - 14335 E. Fremont Drive, Centennial, CO 80112 ·Equipment Manufacturer: Centrisys - 9586 58th Place, Kenosha, WI 53144 ·Systems Integrator: AmWest Controls, Inc. - 10301 East 107th Place, Brighton, CO 80601 ·Harmonics Testing: Electric Power Systems - 11211 E. Arapahoe Road, Suite 108, Centennial, CO 80112 BC has additionally included the following services into our revised DRAFT proposal for the captioned project: ·Applicable State of Colorado and Englewood Sales and Use Taxes ·City of Englewood Insurance Requirements ·City of Englewood Building Permit ·Costs to assist the Owner to acquire the applicable Project Permits that the design-builder is not directly responsible to obtain ·100% Payment and Performance Bonds ·Builders Risk Insurance ·Project Record Drawings excepting that no updated plant drawings are included in the current project’s proposed range of budget; however, these services can be provided at a negotiated cost with the Owner ·Letter commemorating that the Project has been completed per the terms of the design-build contract and the project specifications signed and stamped by a Colorado Registered Professional Engineer ·Construction Management ·Project Controls ·Project Photographs posted to an Owner’s website ·Bi-Weekly Project Status Written Report ·Design-Build Project Health and Safety Plan (“H&S Plan”) ·One (1) seven (7) day performance test per centrifuge as described with the Proposal Cover Letter. Note that an Allowance has been established to advise the Owner of the potential for additional costs to the project should the first of the centrifuge performance tests be extended at no cause of the design-builder; refer to revised DRAFT proposal dated October 3, 2016. This allowance, as delineated in the revised DRAFT proposal, is established solely to provide a balanced risk allocation between Owner and Design-Builder. ·All new panels will be UL listed and drawings, programming and Factory Acceptance Testing (FAT) ·BC shall perform, witness, and document the existing I/O signals to/from each existing panel PLC system, to the extent possible, in Conjunction with Owner staff Page 140 of 203 Littleton-Englewood Centrifuge Controls Design-Build Project Revised Draft Proposal D-2 October 4, 2016 ·BC field testing shall be limited to insulation testing (“Meggering”) of 480 V feeders to (3) centrifuge motors and from the switchboard to the centrifuge drive motor VFDs, only. EXCLUSIONS ·SBE/WBE/WSDVBE, or any other entity classified with the federal or local governmental policies ·No consideration to bid out the plant work, or the furnish of the equipment, since this project is specific to specialized equipment furnish to meet the existing plant equipment and system requirements, and the further requirements to utilize electrical and integration sub-contractor’s familiar with the existing plant systems, and Owner’s requirements to assure continuity for the execution of the proposed design-build project. ·No consideration of Liquidated Damages (LD) in the design-build contract ·No consideration for Prevailing Wages ·No consideration for the actions of others respective to the acquisition of project permits, beyond BC contractual requirements, associated with project delay caused by the actions, or non-actions, of others ·The previously specified variable frequency drive (VFD) and associated filter arrangement have been successfully demonstrated to function as specified, the alteration or replacement of this equipment is specifically excluded, excepting the documentation of the non-compliance with drive/filter manufacturer’s standards, or physical equipment failure. ·Replacement of existing failed equipment and damaged conductors, or conductors identified as too short for the installation of the new equipment are specifically excluded from the base scope of revised DRAFT proposal ·No calibration or repair of existing instruments is included in this scope of work ·Sampling and analysis costs ASSUMPTIONS ·Owner shall provide a compilation of existing centrifuge performance data, consistent with paragraph 11 36 05.109 to establish a base-line of existing centrifuge performance for comparison of centrifuge performance after the replacement of the new electrical panels, and associated system enhancements. ·Owner to provide all test equipment, including instruments, analyzers, chutes, sample drums, and bins required for BC to conduct sampling analysis during the Performance Acceptance Test period ·During the Performance Acceptance Test period, product split samples with be acquired. One (1) sample shall be provided to OWNER for prompt analysis and the second sample stored by the OWNER. If a question should arise with the results, split samples within holding times will be sent to a certified laboratory for analysis. Off-site laboratory tests shall be performed by a certified lab agreed upon by the CONTRACTOR, ENGINEER, and OWNER. The results shall be binding. The cost for independent laboratory analysis shall be paid by BC pursuant to a change order. ·Owner shall assist with the operation and/or signal simulation of mechanical and PLC equipment ·Each centrifuge panel, and associated equipment, shall be upgraded, started up and commissioned one at a time Page 141 of 203 EXHIBIT A2 – SCOPE OF WORK Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project Page 142 of 203                       This page intentionally left blank     Page 143 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 1 June 28, 2016; REV. 3/20/17 SECTION 11 36 05 DEWATERING CENTRIFUGE CONTROL PANELS PART 1 GENERAL 1.01 SCOPE OF WORK A. Work described in this section includes the following: 1. Removal of three (3) existing centrifuge control panels and related appurtenances. 2. Design and fabrication of three (3) centrifuge control panels and integrated control system. Panel shall be arranged for dedicated field wiring terminations rated for 600 VAC or less for power, control, and instrument signal wiring, in accordance with NEC Article 409. It shall be fabricated by a UL-508A recognized facility and shall bear the appropriate UL 508A Industrial Control Panel label. Panels shall be labeled in accordance with Article 409 of the National Electrical Code. 3. Furnishing supervision, labor, equipment, materials, tools, incidentals, and services required for installation of the centrifuge control panels for existing dewatering centrifuges and related appurtenances. Components include, but are not limited to: a. Line side filter b. Main drive variable frequency drive c. Hydraulic back drive starter d. Lube oil pump starter e. Programmable logic controller f. Ancillary equipment and materials required to meet the requirements of this specification g. Conduct all shop, field, and performance tests of equipment and integrated control system. h. Installation, adjustment, and performance testing of the control panels. i. Start-up and training services for all equipment supplied under this specification. B. Named Parties in this Section are as follows: OWNER – The plant and personnel of the Littleton/Englewood WWTP as an agent of the City of Englewood CONTRACTOR – Brown and Caldwell Constructors Electrical Contractor - McDade-Woodcock, Inc. MANUFACTURER (Centrifuge Manufacturer) - Centrisys INTEGRATOR (Systems Integrator): AmWest Controls, Inc. C. The Centrifuge Manufacturer (MANUFACTURER) shall be responsible for providing a complete centrifuge control and monitoring system, as described herein. A complete system (all electrical equipment and controls in a single cabinet) shall include specifically named equipment to match plant standards, as described herein. 1. The control panels shall control and monitor the existing Centrisys centrifuge with hydraulic back drive and shall eliminate the need for the existing CVC back drive controller. The control panel shall provide all control and functionality of the existing Page 144 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 2 June 28, 2016; REV. 3/20/17 control panels through the control panel PLC and interface with the plant SCADA system, as specified. 2. The existing centrifuge system performance shall be verified prior to release of new centrifuge control panel production. At a minimum, the MANUFACTURER shall coordinate with the OWNER to field verify each existing centrifuge control system and intended operation of all related equipment. The MANUFACTURER shall coordinate and involve the INTEGRATOR with field verification. The MANUFACTURER shall prepare a procedure for demonstrating and documenting existing centrifuge control systems performance for comparison following panel replacement and initial testing. 3. The MANUFACTURER shall implement the procedure demonstrating and documenting each new centrifuge control systems performance and verification of performance post-construction, and with requirements of this Section. D. The Systems Integrator (INTEGRATOR) shall be for the integration and commissioning of a complete process control system as a subcontractor to, and in conjunction with MANUFACTURER. 1. The INTEGRATOR responsibility shall include interfacing with existing centrifuge mounted components and devices to the new control panel and with the new control panel to the existing plant SCADA system. 2. The INTEGRATOR shall develop and program the existing plant SCADA system to emulate the MANUFACTURER’S control and monitoring system such that the plant operators can monitor and control the complete centrifuge system from the plant HMI screens in the same manner as from the centrifuge control panel operator interface terminal. 3. In addition, the INTEGRATOR shall be responsible for the demonstration and documentation of current control system function for each centrifuge prior to construction, and demonstrate not less than equivalent function and compliance with this Section after construction and before acceptance by OWNER. OWNER staff will assist in equipment and control system operations. 4. If panel construction is not performed by the MANUFACTURER, the INTEGRATOR shall also be responsible for panel/cabinet construction, as directed by the MANUFACTURER, E. In addition to other required work, the centrifuge control panel equipment shall be installed by the Electrical Contractor who shall be responsible for off-loading the equipment, providing any temporary storage, disconn ecting and removing the existing centrifuge control panels, and installing the new centrifuge control panels in their place. Installation shall include mounting the control panels, wring out existing control and monitoring conductors to confirm continuity, reconnecting power, motor leads and control and monitoring conductors to the panels as directed by the MANUFACTURER. 1.02 UNIT RESPONSIBILITY A. The CONTRACTOR shall assign unit responsibility to the MANUFACTURER for supplying the centrifuge control panels, complete with all accessories and appurtenances (including, but not limited to, equipment identified in this specification) and for the design, selection of components, assembly, delivery, installation acceptance, startup, and testing of the control panels and centrifuge-related systems. This MANUFACTURER is the Unit Responsibility Manufacturer and has unit responsibility for the equipment assembly specified in this Specification section to be provided as a working unit in conjunction with the existing centrifuges and associated ancillary devices as well as interface to the existing plant SCADA system. Page 145 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 3 June 28, 2016; REV. 3/20/17 B. As part of the MANUFACTURER’S scope of work, they shall furnish the services of the INTEGRATOR, as a subcontractor to the MANUFACTURER, and coordinate design, selection, and fabrication of equipment assembly components such that all equipment components furnished under this Section for the equipment assembly, and all existing centrifuge equipment components, are compatible and operate reliably and properly to achieve function equal to or better than current centrifuge function and operation as well as compliance with this Section. C. The centrifuge control panels shall be produced and assembled by the MANUFACTURER at a facility owned and operated by the MANUFACTURER and under the direct supervision and control of the MANUFACTURER. Agents, representatives or other entities that are not a direct division of the MANUFACTURER shall not be accepted as a substitute for meeting this requirement except as described below: 1. As an option, the INTEGRATOR listed herein may produce and assemble the control panels, or a portion thereof, for the MANUFACTURER. D. The requirement for unit responsibility shall in no way relieve CONTRACTOR of his responsibility to the OWNER for performance of all systems described herein. 1.03 INTEGRATOR SCOPE A. All control panel electronic systems, not provided by the MANUFACTURER, shall be provided under the supervision of a single INTEGRATOR which is regularly engaged in the design and installation of such systems of similar scope and complexity. B. The INTEGRATOR, responsible for the integration of the process control and instrumentation systems, shall bear the responsibility for configuration and documentation of the specified related systems to the existing systems in an effort to enhance complete system integration and facilitate system installation, startup, and commissioning. C. System integration responsibility shall not be construed as to force equipment specified to be supplied by INTEGRATOR. Instead, system responsibility shall require INTEGRATOR to bear responsibility for overall system coordination including but not limited to documentation, design, integration and startup. D. Prepare an implementation plan for the interface to the plant SCADA process control system development and programming work. 1. The implementation plan shall depict actual tags and graphics of the graphical operator interface being added and or modified. The tag naming convention and graphics being developed shall follow existing plant standards. 2. The implementation plan shall be developed with the involvement of the OWNER. The OWNER intends to participate in the development of the programs and graphic user interfaces to assure that the objectives of the project design, plant operability and control system maintainability are achieved. The configuration and development of the graphical operator interface shall be based on existing plant standards. The interface standards shall be consistently applied to the development of the interface to insure optimum usability. 1.04 REFERENCE MATERIALS A. Existing control panel wiring diagrams are appended to the end of this specification and shall be used as reference only. All field wiring interfacing shall be field verified and any Page 146 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 4 June 28, 2016; REV. 3/20/17 discrepancies shall be documented on the MANUFACTURER’S elementary and loop diagrams. B. Photos of the existing control panel layouts are provided and appended to the end of this section for reference only. All field wiring interfacing shall terminate within the same general locations within the new control panel to avoid any splicing of existing conductors. 1.05 SEQUENCING AND SCHEDULING A. The existing centrifuge control panels shall be removed one at a time and replaced with a new control panel. B. Two centrifuges shall remain in operation at all times. Minimum error-free run time before acceptance of each control panel shall be seven complete days of dewatering operation. Extension of testing period, due to interruption not caused by CONTRACTOR, is subject to change order adjustment. 1.06 SUBMITTALS A. Submittal Requirements: 1. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. 2. Coordinate submittals among subcontractors and suppliers including those submittals complying with unit responsibility requirements specified herein. 3. All documents to be in English or with all captions in foreign languages translated into English. Documents with any un-translated captions will be automatically rejected. 4. Submit one (1) electronic copy in PDF format and four (4) hard copies of all submitted information for review and comment. B. A copy of this Specification section, with addendum updates included, with each paragraph check-marked to indicate Specification compliance or marked to indicate requested deviations from Specification requirements. Check marks (√) shall denote full compliance with a paragraph as a whole. Deviations from the Specifications shall be underlined and denoted by a number in the margin to the right of the identified paragraph. The remaining portions of the paragraph not underlined will signify compliance on the part of the Contractor with the Specifications. Include a detailed, written justification for each deviation. Failure to include a copy of the marked-up Specification sections, along with justification(s) for any requested deviations to the Specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. C. Completed Unit Responsibility Certification Form 11000-C appended to the end of this specification, attesting that the CONTRACTOR has assigned, and that the MANUFACTURER accepts unit responsibility in accordance with the requirements of this Specification section. No other submittal material will be reviewed until the certificate has been received and found to be in conformance with these requirements. Page 147 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 5 June 28, 2016; REV. 3/20/17 D. Equipment data sheet and detailed shop drawings for all equipment and components supplied, providing dimensions, gross and net weight, and minimum required clearances. E. List of recommended spare parts. F. Bill of materials of all equipment. G. Control panel dimensioned front view drawings. H. Control panel layout and assembly drawings including front and back panel equipment layouts and section showing clearances between face and rear mounted equipment. I. Component connection diagrams showing function and identification of terminals. J. Manufacturer’s product data sheets for all specified equipment components indicating product technical specifications and application information. Product data shall be edited to indicate only those items, model or series of equipment which are proposed as work of this project. All extraneous materials shall be crossed out or otherwise obliterated. K. Interconnection and connection diagrams depicting the interconnection to all existing field mounted equipment/devices to the control panel. L. Elementary diagrams depicting all discrete and analog loops. Elementary and loop diagrams shall show circuits and devices of the complete system including all existing field mounted devices/components. M. Heat load calculations for each cabinet based on the highest ambient temperature listed herein for the area in which the subject panel will be located. N. Sequence of operations, including normal shutdown, shutdown on loss of permissive, safety shutdowns, and shutdown on loss of power. Control description for diverter gate operation under the various modes of operation and shutdowns. O. Equipment and performance guarantees. P. Proof of qualification of the technicians that the MANUFACTURER shall provide for the installation, testing, and startup of the centrifuge assemblies. Q. INTEGRATOR-prepared Process Control System Implementation Plan. R. MANUFACTURER-prepared procedure for demonstrating and documenting existing centrifuge control systems performance. S. Documentation of pre-construction centrifuge control systems performance. T. Documentation of post-construction centrifuge control systems performance and compliance with other requirements of this Section. U. Documentation of centrifuge dewatering performance both pre- and post-construction procedure for demonstrating performance within specified ranges. V. Performance Acceptance Test (PAT) plan Page 148 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 6 June 28, 2016; REV. 3/20/17 W. Operating and maintenance information, including the information required to be submitted with the initial equipment submittal. At a minimum, this information shall include the following: 1. Contact information for Manufacturer and Integrator, including both factory and local representation, as appropriate. 2. Manufacturer’s standard installation/instruction manual for each component. 3. As-built elementary diagrams depicting final interconnected conditions between existing and replacement components and devices. 4. As-built control strategies. 5. Manufacturer’s Programming information as follows: a. Programmable Logic Controller Program listing – hard and electronic copies on CD-ROM. b. Operator Interface Terminal Display Screen Configuration – Screen print-outs and electronic files on CD-ROM. 6. Operating Instructions including safety precautions and procedures for emergency operations 7. Preventative maintenance, service requirements and recommended intervals 8. Corrective maintenance and troubleshooting procedures 9. Warranties. 1.07 QUALITY ASSURANCE A. Control Panel: 1. The centrifuge control panel shall be the product of a MANUFACTURER regularly engaged in the design, fabrication, service, and repair of high-speed centrifuges and their associated control panels. 2. All manufacturing facilities shall be ISO 9001 certified for quality assurance in the design, development, production, installation, and servicing of machines and installations for mechanical separations. 3. The centrifuge control panel shall be designed and manufactured in accordance with the following listed Standards and specifications, including applicable addenda in effect as of the date of bid submission. They shall be considered an integral part of this Specification section and shall govern the design, fabrication, testing and inspection of equipment, except as otherwise shown or specified herein: a. National Electrical Manufacturers Association (NEMA) b. National Electrical Code (NEC), especially including Article 409. c. National Fire Protection Association (NFPA) d. Joint Industrial Council (JIC) e. Underwriters Laboratory (UL) f. Institute of Electrical and Electronics Engineers (IEEE) g. Arc flash requirements 4. All components in the control panel shall be completely factory wired. Internal component layouts shall take into consideration of existing field conductors and available lengths, reference attached photos, and shall be placed within the enclosure such that splicing of existing conductors is avoided. 5. The control panels shall have factory applied UL 508A labels and shall be labeled in accordance with NEC Article 409. Page 149 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 7 June 28, 2016; REV. 3/20/17 B. HMI and Plant Control System: 1. All HMI development including tag naming scheme, screen navigation methods, use of pop-ups, etc. shall be implemented in a manner that is consistent with HMI systems in use elsewhere in the OWNER’S existing operations at other facilities. Graphic screens shall utilize the same colors, symbols, fonts, and features to provide an interface to operators that is uniform and consistent with existing HMI screens serving OWNER’S other facilities. 2. The organization and structure of the process control logic and data memory within the process controller shall follow existing plant standards. The use of subroutines and the allocation of memory to accommodate modifications and expansion of the control logic shall be implemented in a manner that is consistent with that used elsewhere in the OWNER’S existing PLC system. 3. Methodology for handling common control functions shall follow plant standards such that similar functions are implemented in a consistent manner across the entire project. Standardized routines for instrument data handling, alarm management, etc. shall be developed and reviewed by the OWNER prior to final programming. C. Power Quality 1. The variable frequency drive in each control panel shall limit harmonic distortion reflected onto the power distribution system to a voltage and current distortion level as defined by IEEE 519 for general system applications. 2. Harmonic attenuation shall be provided by the addition of a line filter for each drive. Filters shall be designed, constructed, and installed such that other filters shall not be damaged or interfered with and such that no resonance among or between filters shall occur. 3. For the purpose of this specification, the Point of Common Coupling (PCC) as identified in IEEE 519 shall be the main switchboard upstream of the control panels. A statement of compliance with IEEE 519 shall be submitted as specified. 1.08 DELIVERY, STORAGE AND HANDLING A. MANUFACTURER is responsible for shipment and delivery of the equipment. MANUFACTURER shall coordinate with the CONTRACTOR as needed to allow effective delivery to the area of Work. 1.09 SITE CONDITIONS A. All equipment and appurtenances within the centrifuge control panels shall be suitable for exposure to splash and spill conditions, and operation in continuous 95 percent relative humidity conditions and in ambient air temperatures from 40 to 104 degrees F. B. Due to existing space limitations; the enclosure shall not exceed the existing control panel foot print of 60 inches wide by 24 inches deep, reference the photos appended to the end of this section. C. Range of expected operating conditions – based upon average conditions expected seasonally, the following conditions shall be considered representative of operation and performance. More specific information can be made available when the testing period has been established: 1. Sludge feed – total solids concentration 2. Centrate – total solids 3. Centrate – suspended solids Page 150 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 8 June 28, 2016; REV. 3/20/17 4. Dewatered sludge – total solids 5. Polymer feed rate – gallons per minute, and concentration 6. Sludge feed rate – gallons per minute 7. Centrifuge discharge rate – pounds per hour 8. Solids capture – percent 9. Setting for polymer feed pump 10. Setting for sludge feed pump 11. Differential speed, torque setting 12. Motor amperage 13. Power draw 14. Noise PART 2 PRODUCTS 2.01 NOT USED 2.02 PRODUCTS A. Major Equipment ITEM EQUIPMENT NO. Centrifuge 1 Control Panel ECP-06-505 Centrifuge 2 Control Panel ECP-06-504 Centrifuge 3 Control Panel ECP-06-515 B. Equipment to be provided for each centrifuge control panel shall include, but not be limited to: 1. Control panel enclosure with back panel. 2. Main drive variable frequency drive. 3. Hydraulic back drive starter. 4. Lube oil pump starter. 5. PLC and I/O components. 6. Operator interface terminals (OIT). 7. All electrical connections and terminal blocks for field connection to existing power, instrumentation and control devices. 2.03 COMPONENTS A. Main Drive System 1. For each centrifuge, the main drive system consists of an existing 150 HP, 1800 RPM 480 volt, 3 phase main drive TEFC inverter duty motor. The existing motor shall be controlled by a new variable frequency drive mounted in the new centrifuge control panel. The existing belt drive system consists of multiple V-belts as required to provide full load capacity and to withstand the full starting torque of the system. B. Scroll Drive Systems 1. The scroll drive system consists of an existing full speed hydraulic system with a 30 HP, 1800 RPM, 480 volt, 3 phase TEFC motor. The hydraulic system shall be Page 151 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 9 June 28, 2016; REV. 3/20/17 controlled by a new full-voltage non-reversing starter mounted in the new centrifuge control panel. 2. The scroll drive systems shall be capable of operating in a DIFFERENTIAL or TORQUE control mode that provides for operation at specific adjustable scroll/bowl differential speeds or scroll drive torque values. C. Main Bearing Automatic Lubrication System 1. The two existing main bearings (solids end and centrate end) on the centrifuge are automatically lubricated by an existing package lubrication system with an existing ½ HP, 1800 RPM, 480 volt, 3 phase TEFC motor. The lubrication system shall be controlled by a new full-voltage non-reversing starter mounted in the new centrifuge control panel. D. Control System 1. Each centrifuge shall be provided with a dedicated Centrifuge Control Panel. Each control panel shall be equipped with a programmable logic controller suitable for control, monitoring and protection of the associated existing centrifuge. All Programmable Logic Controller (PLC) and IO Hardware shall be Allen-Bradley 1769 CompacLogix L3x PLC hardware, to match existing plant SCADA systems, with an Ethernet communications module and I/O modules as required by the application and to accommodate the existing I/O. 2. PLC Programming Software shall be RS Logix 5000 version 20 and RSview Studio firmware version 7.0 to match existing plant SCADA systemsNo portion of the PLC or OIT programming shall be password protected, to facilitate duplication of all functionality and emulate the MANUFACTURER’S OIT screens to the Plant HMI. The OWNER’S staff shall be given full access to the PLC and OIT programs, and shall decide if any password protection is warranted. 3. All centrifuge PLCs shall be connected to the Plant SCADA system via Ethernet protocol. The Ethernet IP addresses for the communications module shall be assigned by the OWNER during construction and shall be implemented by the MANUFACTURER. 4. The OIT shall display Centrifuge monitoring and control information including alarms and events with actual time and date. E. Centrifuge Control Panel: 1. NEMA12 Double-Door Free-Standing Enclosure: Enclosure shall be fabricated from stretcher leveled sheet steel of 14 gauge minimum. Enclosure shall be provided with an interior frame or otherwise formed so as to provide a rigid structure. The panel shall be sized and configured as a single, double door cabinet, to contain all related 480V equipment as well as all control and interface equipment. Enclosure shall be provided with equipment mounting backpanels and a 12 inch by 12 inch by 1 inch data pocket. Doors shall be hung on pin hinges and equipped with vault type latch with three point latch hardware and key-locking mechanism. Filtered, forced air ventilation shall be provided for the enclosures if the heat load calculations indicate that the interior temperature will exceed 115 degrees F, based on room ambient temperature conditions. Due to existing space limitations and to provide the most effective enclosure ventilation, intake louvers, any required fans, and filters shall be at the bottom of each door and the exhaust louvers at the top of each door. Side panel ventilation shall not be utilized. Each enclosure shall be provided with a LED light fixture inside and above each door with door activated switch. 2. Included in the front door shall be an E-stop pushbutton, front accessible starter and VFD reset button, Operator Interface Terminal (OIT), an alarm Page 152 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 10 June 28, 2016; REV. 3/20/17 acknowledge pushbutton, an alarm silence pushbutton, and alarm horn. All pushbuttons and pilot lights shall be water tight and corrosion resistant. The OIT shall be utilized for major operational adjustments. The panel will house the PLC and industrial hardware components. 3. Each control panel shall be equipped with an OIT. The OIT shall be Allen-Bradley PanelView Plus 6 1000 Touch Color Terminal with Ethernet communication port connected to the panel PLC. 4. The control panel shall be suitable for connection to a single 480 volt, 3 phase, 60 hertz power supply and shall be equipped with an externally operated main circuit breaker disconnect switch, variable frequency drive, full voltage non-reversing starters, control power transformer, power supplies and other controls required for a complete and operating system. The control panel shall have a minimum of 35,000 amperes interrupting capacity. 5. The centrifuge main bowl drive shall be provided with a low voltage variable frequency drive system. The variable frequency drive system shall include incoming line reactors and filtering, rectifier, inverter, control circuitry, protective equipment, and accessories as necessary to provide the specified functions and assembled in the centrifuge control enclosure. The variable frequency drives shall employ pulse width modulated inverter technology and shall be the product of single manufacturer. The variable frequency drives shall be Allen-Bradley Powerflex 753 with the flying start function disabled. The line filter for the variable frequency drive shall be open panel style Matrix AP Harmonic Filters as manufactured by MTE Corporation. 6. The hydraulic back drive and lube oil pump shall be provided with full voltage, combination, non-reversing starters consisting of a 3 pole, 600 volt rated contactor and overload relay. Overload relay shall be bimetallic type with separate heaters in each of the three poles. An overload condition shall cause the relay to latch in the open position. Trip setting shall be adjustable from 85 to 115 percent of rating. 2.04 INSTRUMENTATION AND CONTROLS A. General: 1. Each centrifuge control panel shall include a PLC for control and monitoring of the associated centrifuge and all ancillary components to provide a complete control and monitoring system. All specified and necessary panel-mounted equipment shall be installed in a single panel for each centrifuge and located on the process floor in place of the existing control panels. The Centrifuge PLC and OITs will be used to control the centrifuge machine locally at the equipment. Should a disruption occur, the centrifuge monitoring system shall indicate the cause with a first out sequence and define the associated fault. 2. The centrifuge control panel PLC shall be supplied, as defined above, and programmed to operate the necessary sequences. Program shall include a centrifuge automatic torque control module that shall maintain process optimization within adjustable preset limitations and operate in differential speed and torque modes. Scroll drive torque control shall incorporate an auto-tuning feature to automatically adjust the proportional, integral, and derivative constants in order to automatically adjust to sludge and scroll conveyor torque feedback changes. The operator shall enter a percentage torque operating set point below the high torque condition setpoint and the control will go to that value and hold it ±4%. In Differential mode, the operator shall enter a differential RPM operating set point, and the control will hold the differential RPM to that setpoint ±0.05RPM. Switching between the two modes of control shall be bumpless. Page 153 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 11 June 28, 2016; REV. 3/20/17 3. The systems shall provide for automatic shutdown in the event that excessive torque is detected. Torque shall be measured as a function of input to the centrifuge PLC from the drive unit. In the event that torque exceeds the normal operating range (“high torque condition”), the monitoring centrifuge PLC shall detect this condition and send a signal to the plant PLC to stop the sludge feed to allow the machine to clear itself. The torque monitoring system shall automatically reset when the torque approaches the normal operating range and restart sludge feed. In the event that the torque approaches 95% of the limit of the scroll drive (“high-high torque”), the centrifuge’s PLC shall initiate centrifuge shutdown and shutdown of the main bowl drive motor and both sludge and polymer feeds via the plant PLC. The Scroll Drive motor shall stay energized at maximum power. 4. Ancillary systems such as sludge feeds, polymer feed pumps, and cake pumps, are controlled by the plant SCADA system. 5. MANUFACTURER shall request from OWNER and review the existing control panel PLC and OIT programs prior to replacement program creation and submittals. Existing program setpoints shall be determined and used as initial settings in the replacement programs. 6. The configuration and development of the graphical operator interface shall be based on the OWNER’S plant standards. The interface standards shall be consistently applied to the development of the interface to insure optimum usability. MANUFACTURER shall adhere to OWNER graphical standards during the creation of the Operator Interface Terminal and Human Machine Interface terminal control screens and alteration of any existing screens. 7. Control panel operator interface shall include the following at a minimum: a. Local/Remote Mode Selection. b. Operator login – all operator setpoint adjustments shall be recorded. c. Centrifuge system Start-up pushbutton. d. Centrifuge system Shutdown pushbutton. e. Enable sludge feed and sludge flow rate. f. Enable polymer feed and polymer flow rate. g. Main drive control and run indication. h. Hydraulic back drive control and run indication i. Lube oil pump run indication. j. Differential speed operation control. 1) Differential speed in RPM – trend at Plant SCADA system. 2) Bowl speed in RPM. 3) Scroll speed in RPM. k. Torque operation control. 1) Hydraulic pressure in BAR – trend at Plant SCADA system. 2) Selection of regulating curves and curve alpha adjustment. 3) Base speed adjustment. 4) Control pressure adjustment. 5) Base speed, control pressure and regulating curve alpha current setpoint settings. 6) Regulating stiffness adjustment. l. Operating torque m. High pressure sludge feed shutdown adjustment and alarm indication. Page 154 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 12 June 28, 2016; REV. 3/20/17 n. High pressure bowl drive shutdown adjustment and alarm indication. o. Rotodiff operating hours and overhaul due indication. p. At a minimum the following alarms shall be indicated: 1) Main drive motor high temperature. 2) Main drive VFD fault. 3) Hydraulic fluid low level. 4) Hydraulic fluid high temperature. 5) Lube oil low level. 6) Solids end bearing high temperature. 7) Solids end bearing oil low flow. 8) Centrate end bearing high temperature. 9) Centrate end bearing oil low flow. 10) Centrifuge high vibration. 11) Cooling water low pressure. PART 3 EXECUTION 3.01 GENERAL A. Process control strategies shall be reviewed with the OWNER and refinements made as agreed to by INTEGRATOR. Final process control strategies shall be incorporated into the Implementation Plan. 3.02 FACTORY/SHOP TESTING A. Factory testing of each centrifuge control panel shall be performed at the MANUFACTURER’S facility to demonstrate the absence of electrical defects and that the centrifuge control panel operates within the specified limits. Factory testing of the control panels and VFDs may be performed independently at the INTEGRATOR’s shop. B. Factory Acceptance Testing (FAT) of control panels, PLCs and associated OIT, and other pertinent control systems and devices is required. All logic functions, alarms, indications, etc. shall be tested in their entirety using I/O and software simulation. The FAT shall include verification of all memory map registers and values. 1. Equipment to be shop tested shall include: a. Control Panels. b. VFDs. 3.03 FIELD MECHANICAL TESTING A. MANUFACTURER shall conduct field testing of the centrifuge control panel to confirm all equipment is properly installed and ready for operation. MANUFACTURER shall certify the control panel installation on Form 11000-A appended to the end of this specification. Field inspection and testing shall demonstrate: 1. The equipment was not damaged during storage, transportation, or installation. 2. The equipment is properly installed and aligned. 3. The proper interaction and effective control of the centrifuge, drive motor, scroll drive, and control panel shall also be demonstrated, including all interlocks, safeties, and controls function as intended. Page 155 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 13 June 28, 2016; REV. 4/4/17 4. That the centrifuges can operate without problems within the specified limits of solids feed and polymer feed flow rates producing dewatered sludge of the specified consistency. B. The initial field tests shall consist of: 1. A dry spin run, for as long as is necessary for preliminary testing of control circuits, shutdowns, and control loops to verify correct interconnecting wiring to alarms by opening various field device contacts at the device and verifying loss of continuity at the appropriate control panel terminals. 2. A preliminary two-hour water run of the centrifuge as part of MANUFACTURER’S initial startup and checkout procedure. 3. A four-hour wet run of the centrifuge together with the polymer system, sludge feed system, wash water system, and associated instrumentation and controls. Water shall be used in this test for both the polymer and sludge feed lines. 4. A four-hour sludge run during which dewatered sludge solids concentration shall be a minimum of 18 percent. Polymer and sludge feed shall be employed to dewater the sludge produced. Operation of the sludge feed system and polymer feed system shall be part of this test. 3.04 PERFORMANCE ACCEPTANCE TESTING A. Centrifuge equipment shall be subjected to Performance Acceptance Testing as described below to confirm that the installed equipment can meet the specified performance. B. Performance Acceptance Testing (PAT): 1. PAT shall consist of an initial centrifuge optimization period (with associated training) followed by a period of performance verification in which a sampling program shall be conducted. 2. MANUFACTURER shall develop a detailed procedure and schedule for PAT and submit to the ENGINEER for review and acceptance, per the requirements specified in this Specification section. Schedule shall include classroom and optimization training periods and be developed for each centrifuge and associated Acceptance Period. This submittal shall be called the Performance Acceptance Testing Plan (PAT Plan), and shall be reviewed and accepted by the ENGINEER prior to the start of PAT. 3. The CONTRACTOR and MANUFACTURER shall coordinate the detailed PAT schedule with the OWNER AND ENGINEER. 4. Representatives of OWNER and the CONTRACTOR will be present for the PAT. 5. Unless otherwise specified, OWNER will supply and bear the cost for supply of water, sludge cake hauling, polymer and electric power during commissioning, including the PAT period. 6. The CONTRACTOR shall coordinate with OWNER and provide the ENGINEER with two weeks advance notice before testing to allow OWNER to make necessary staffing adjustments. 7. MANUFACTURER shall conform to the PAT testing requirements as follows: a. Owner to provide all test equipment, including instruments, analyzers, chutes, sample drums, and bins required for CONTRACTOR to conduct sampling and analysis during the PAT period. b. Alternatively, develop a comparable data collection scheme, as part of the PAT Plan incorporating OWNER’S sample collection and analysis and data available from the plant control system. Page 156 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 14 June 28, 2016; REV. 3/20/17 c. Samples and data recorded shall include the following: 1) Sludge feed – total solids 2) Centrate – total solids 3) Centrate – suspended solids 4) Dewatered sludge – total solids 5) Polymer feed rate – gallons per minute, and concentration 6) Sludge feed rate – gallons per minute 7) Centrifuge discharge rate – pounds per hour 8) Solids capture – percent 9) Setting for polymer feed pump 10) Setting for sludge feed pump 11) Differential speed, torque setting 12) Motor amperage 13) Power draw 14) Noise d. During the Performance Acceptance Test period, product split samples with be acquired. One (1) sample shall be provided to OWNER for prompt analysis and the second sample stored by the OWNER. If a question should arise with the results, split samples within holding times will be sent to a certified laboratory for analysis. Off-site laboratory tests shall be performed by a certified lab agreed upon by the CONTRACTOR, ENGINEER, and OWNER. The results shall be binding. The cost for independent laboratory analysis shall be paid by BC pursuant to a change order.. e. MANUFACTURER shall subject each of the centrifuges to PAT. A maximum of one (1) centrifuge at one time can undergo PAT. Refer to paragraph 1.09 for the range of anticipated operating conditions for dewatering. Sufficient data shall be developed to verify performance for “Normal Loadings and Performance” conditions specified in paragraph 1.09 and to determine energy consumption within the loading ranges specified in paragraph 1.09. 8. The procedure for the Optimization Training is as follows: a. Following completion of classroom training and successful centrifuge startup and system check out, MANUFACTURER shall optimize the operation of each centrifuge, explaining procedures, adjustments and other relevant information with OWNER operating staff for up to eight (8) hours per machine, to establish objectives for operating parameters and machine settings. b. MANUFACTURER shall summarize in a Centrifuge Optimization Report and provide to the ENGINEER for review and acceptance. Fully automatic operation is required, including all associated equipment and controls. Upon ENGINEER’S acceptance of the Report, MANUFACTURER shall proceed with PAT. c. If the dewatering centrifuge equipment does not exhibit stable operation during the Optimization period, or if more data is required to establish stable operation and tuning the ENGINEER will direct MANUFACTURER to make necessary adjustments and repeat the Optimization period at no cost to OWNER. 9. The procedure for the PAT is as follows: a. MANUFACTURER shall operate dewatering centrifuge equipment at steady state with sludge and polymer feed for a period of two hours prior to start of testing. b. OWNER operating staff will test using a shift-based operation (minimum 8 hours per day performance run) for a period of at least 7 consecutive operating days, Page 157 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 15 June 28, 2016; REV. 3/20/17 interrupted by a weekend (Acceptance Period). MANUFACTURER shall monitor this test performance and sampling to the extent necessary to satisfy MANUFACTURER of the integrity of the results, coordinate sample collection, collect data, etc., for the entire run period. c. Document system performance during this period and conduct sampling and analyses as specified in this Specification section. Provide all raw data to the ENGINEER, so that OWNER can independently monitor system performance. d. During the course of the PAT test period, samples and/or measurements shall be taken by the CONTRACTOR at least once per hour (starting one hour after the centrifuge has reached stable operation each day) over the course of each operating day. e. Evaluation of centrifuge performance against the specified performance criteria shall be based on an average of all samples taken, minus the highest and lowest value data points in each performance category: cake solids, percent capture, and polymer usage. Energy usage shall be averaged over the PAT period and compared to the allowable energy usage at the average digested sludge inlet flow over that same period. f. During the course of the PAT, the centrifuges must be operated within the solids and hydraulic loading ranges specified in paragraph 1.09. Solids loading to the centrifuge shall be reported simultaneously with collection of each sample. g. The ENGINEER reserves the right to assess the results. At the ENGINEER’S sole discretion, if the statistical deviation is considered in excess of acceptable levels, adjustment, additional testing and analysis may be stipulated at no additional cost to OWNER. 10. Reporting and Retesting: a. MANUFACTURER shall compile the results and descriptions into a bound report entitled "Results of Performance Acceptance Testing". b. Within five working days of receiving the report, the ENGINEER will inform the CONTRACTOR as to whether the centrifuge complies with the provisions of the Contract for centrifuge performance. c. If the results of the PAT indicate that the centrifuge fails to meet the specified performance criteria, the CONTRACTOR and MANUFACTURER will be allowed to retry the PAT. In agreeing to retry the PAT, the CONTRACTOR and MANUFACTURER further agree to the following: 1) All retesting shall be performed at no additional cost to OWNER. 2) MANUFACTURER shall revise the Centrifuge Optimization Report and resubmit to the ENGINEER prior to the restart of the PAT. 3) MANUFACTURER will be allowed a total of three attempts at the PAT. If after three attempts the centrifuge does not meet the specified performance requirements, OWNER may at its sole discretion reject the equipment. C. Sampling and Analysis: 1. Conduct sampling and analyses during PAT in accordance with the following: a. Sample Analysis: 1) Centrifuge Feed Sludge: Total suspended solids (TSS), Volatile suspended solids (VSS), Total solids (TS) 2) Centrate: Total suspended solids (TSS), Total solids (TS) 3) Dewatered sludge cake: Total solids (TS) b. In addition, record centrifuge feed sludge instantaneous and cumulative flow rates, polymer usage, post-dilution water flow, power usage, torque, and any Page 158 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 16 June 28, 2016; REV. 3/20/17 other parameters necessary to demonstrate compliance with the performance requirements specified. c. Incorporate final PAT data in concise tabular form in the PAT Report submitted at the conclusion of the test period. 3.05 TECHNICAL SERVICES A. The installation of all materials and equipment supplied herein shall be completed by the CONTRACTOR. MANUFACTURER shall be responsible to: 1. Provide PLC and OIT programming support for minor modifications and support during the warranty period. The MANUFACTURER shall correct all programming errors or software bugs discovered during warranty period. A documented copy of the final program shall be turned over to the Owner. 2. Provide written guidance and on-site advisory assistance to the CONTRACTOR in the installation of all equipment supplied herein. 3. Submit detailed instructions on preparation and installation of the centrifuge assemblies. Provide technical assistance to the CONTRACTOR as requested to clarify or expand information as needed. 4. Provide technical assistance to the CONTRACTOR for coordination of all conduit stub- up locations, connections, and terminations. 5. Coordinate with the CONTRACTOR to arrange a mutually acceptable schedule to ensure substantial and final completion of special services consistent with the construction completion dates. 6. Start-Up Services: a. Furnish the services of authorized technical representatives of MANUFACTURER to assist/inspect the equipment, conduct pre-operational electrical and mechanical checkout of the equipment, place equipment into operation, conduct control system training, optimize the performances of the equipment in conjunction with plant operations staff, perform the field performance acceptance testing, and support operations staff during the Acceptance period for each centrifuge and associated control system. b. Training: 1) MANUFACTURER shall schedule no less than 2 days (8 hours per day not including travel time) to provide staff class-room training in the new control systems. This training shall be conducted with actual OIT screens or simulations not less than one week prior to startup of the first installed control system. 2) Hand-on training during optimization runs, as described in Performance Acceptance Testing, for each of three centrifuges. c. Acceptance Period Support: 1) Provide the services of MANUFACTURER and INTEGRATOR to be available by phone or present within two (2) hours for consultation to address process adjustments and/or program manipulation to support the operation and control of all the furnished equipment by plant staff. 2) Prepare, implement and document control system modifications, as may be necessary. 3) Failure to respond or failure of equipment to achieve expected performance during the Acceptance Period, shall be grounds to require adjustments and restart of the Acceptance Period run. 4) There is no limitation on Acceptance Period Support services. Page 159 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 17 June 28, 2016; REV. 3/20/17 SCHEDULE 11 36 05-1 DEWATERING CENTRIFUGE MINIMUM START-UP SERVICES DESCRIPTION OF SERVICE MINIMUM REQUIREMENTS DAYS NUMBER OF PERSONNEL TOTAL MAN- DAYS (8 hr/d) Class Room Training 2 1 2 Optimization Training 3 1 3 Performance Acceptance Testing 4 1 4 Installation Inspection 3 1 3 Inspect Wiring and Controls Installation 8 1 8 PLC Programming and Trouble-Shooting 15 1 15 Mechanical Start-Up (Checkout) 3 2 6 Process Start-Up (Checkout) 3 2 6 Acceptance Period Services No limit No limit No limit Total (exclusive of Acceptance services) 47 7. Emergency and Warranty Services: a. Provide the services of MANUFACTURER to be present within 24 hours for on-site emergency services of all the furnished equipment. Emergency service shall be required for failure of any major component of the centrifuge controls or centrifuge equipment, if failure may be attributed to controls failure. b. Warranty Services response time shall not exceed five (5) days, unless a shorter period may be required to restore the use of dewatering process (i.e. is an emergency). c. Emergency service shall be provided at no charge throughout the 1 year warranty period from the day of OWNER acceptance. d. There is no time limit on emergency services through the warranty period. 3.06 OWNER ACCEPTANCE A. The OWNER will accept only complete, workable equipment and systems under the following conditions: 1. After receipt by OWNER of all the Drawings in “Accepted” or “Accepted as Noted” status by the ENGINEER. 2. After receipt by OWNER of all centrifuge documentation required by the contract, including any program revisions discovered or implemented through the last Acceptance Period. 3. After completion of all specified factory testing and receipt of all factory test reports accepted by the ENGINEER. 4. After completion of all specified equipment cleaning, start-up, field testing and acceptance of performance runs as specified herein and receipt by OWNER of all Specification certifications accepted by the ENGINEER. 5. After successful completion of PAT for each machine. 6. After successful completion of the Acceptance Period for each machine. Page 160 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 18 June 28, 2016; REV. 3/20/17 7. After receipt by OWNER of all special tools, supplies and accessories and complete final draft of equipment service manuals as specified herein. 8. After completion of Operation and Maintenance training as specified in this Section. 9. After determination and agreement by OWNER and the CONTRACTOR to monetary adjustments due to applicable incentives and penalties. END OF SECTION ATTACHMENTS: FORM 11000 – A FORM 11000 – C Page 161 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 19 June 28, 2016; REV. 3/20/17 \ MAIN DRIVE VFD PANEL PLC PANEL MAIN BREAKER CONTROL AND MONITORING TERMINALS INCOMING LINE SIDE FEEDER CONDUCTORS MAIN DRIVE LOAD SIDE CONDUCTORS Page 162 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 20 June 28, 2016; REV. 3/20/17 BACK DRIVE AND HYDRAULIC PUMP STARTERS 48” 20” Page 163 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 21 June 28, 2016; REV. 3/20/17 CONTROL AND MONITORING CONDUCTORS TO CENTRIFUGE Page 164 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 - 22 June 28, 2016; REV. 3/20/17 11000-A. MANUFACTURER'S INSTALLATION CERTIFICATION FORM: Contract No: Specification section: Equipment name: Contractor: Manufacturer of equipment item: The undersigned MANUFACTURER of the equipment item described above hereby certifies that he has checked the installation of the equipment and that the equipment, as specified in the project manual, has been provided in accordance with the MANUFACTURER's recommendations, and that the trial operation of the equipment item has been satisfactory. Comments: Date Manufacturer Signature of Authorized Representative Date Contractor Signature of Authorized Representative Page 165 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 June 28, 2016 11000-C. UNIT RESPONSIBILITY CERTIFICATION FORM (Project Title)(Project Title)(Project Title)(Project Title) CERTIFICATE OF UNIT RESPONSIBILITYCERTIFICATE OF UNIT RESPONSIBILITYCERTIFICATE OF UNIT RESPONSIBILITYCERTIFICATE OF UNIT RESPONSIBILITY for Specification Section for Specification Section for Specification Section for Specification Section (Section title)(Section title)(Section title)(Section title) In accordance with paragraph 11000In accordance with paragraph 11000In accordance with paragraph 11000In accordance with paragraph 11000----1.02 C of the contract documents, the undersigned 1.02 C of the contract documents, the undersigned 1.02 C of the contract documents, the undersigned 1.02 C of the contract documents, the undersigned manufacturer manufacturer manufacturer manufacturer of driven equipment (“of driven equipment (“of driven equipment (“of driven equipment (“MANUFACTURERMANUFACTURERMANUFACTURERMANUFACTURER”) ”) ”) ”) accepts unit responsibility for all accepts unit responsibility for all accepts unit responsibility for all accepts unit responsibility for all components of equipment furnished components of equipment furnished components of equipment furnished components of equipment furnished to the Project to the Project to the Project to the Project under specification Section______,under specification Section______,under specification Section______,under specification Section______, and for and for and for and for related equipment manufactured under Sections___related equipment manufactured under Sections___related equipment manufactured under Sections___related equipment manufactured under Sections___ ____, ______, and ______. ____, ______, and ______. ____, ______, and ______. ____, ______, and ______. We have reviewed the requirements for Sections 11365 and all sections referencing this (these) section(s), including but not limited to drivers, supports for driving and driven equipment and all other specified appurtenances to be furnished to the Project by MANUFACTURER. And, we have further reviewed, and modified as necessary, the requirements for associated variable speed drives. We hereby certify that all specified components are compatible and comprise a functional unit suitable for the specified performance and design requirements whether or not the equipment was furnished by us. We will make no claim nor establish any condition that problems in operation for the product provided under this specification Section 11365 are due to incompatibility of any components covered by this Certificate of Unit Responsibility. Nor will we condition or void any warranty for the performance of the product of this specification Section 11365 due to incompatibility of any components covered under this Certificate of Unit Responsibility. Our signature on this Certificate of Unit Responsibility does not obligate us to take responsibility for, nor to warrant the workmanship, quality, or performance of related equipment provided by others under specification Sections ______, ______, and ______. Our obligation to warranty all equipment provided by us shall remain unaffected. Notary Public Name of Corporation Commission expiration date Address Seal: By: Duly Authorized Official Legal Title of Official Date: Page 166 of 203 Centrifuge Control Panel Replacement DEWATERING CENTRIFUGE CONTROL PANELS 148927 11 36 05 June 28, 2016 [THIS PAGE INTENTIONALLY BLANK] Page 167 of 203 EXHIBIT B – SCHEDULE Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project Page 168 of 203 [ THIS PAGE INTENTIONALLY BLANK] Page 169 of 203 ID Task ModeTask NameDuration Start Finish1Submit Draft Contract forms for City review 20 daysTue 2/21/17Mon 3/20/172City Council Packet Ready1 dayWed 5/3/17Wed 5/3/173City Council Meeting0 daysMon 5/15/17Mon 5/15/174Contract Negotiations20 daysMon 5/15/17Fri 6/9/175Contract Executed0 daysFri 6/9/17Fri 6/9/176NTP0 daysWed 7/5/17Wed 7/5/177Issue PO for Elec Panels1 dayFri 7/14/17Fri 7/14/178Vendor Prepare and Submit Shop Drwg16 daysMon 7/17/17Mon 8/7/179I/O Check and PLC Documentation2 daysWed 7/19/17Thu 7/20/1710Existing power conductor insulation testing2 daysFri 7/21/17Mon 7/24/1711Manufacturer provides PLC interface list0 daysWed 8/2/17Wed 8/2/1712BC Review and Respond to Shop Drwg10 daysTue 8/8/17Mon 8/21/1713BC and subcontractors mobilize to site0 daysTue 10/17/17Tue 10/17/1714Order Elect Panels and receive on site51 daysTue 8/22/17Tue 10/31/1715Manufacturer provides PLC and OIT programs0 daysWed 10/4/17Wed 10/4/1716PLC Programming1 monMon 10/9/17Fri 11/3/1717Remove Ex Panel No 1 and appurtenances3 daysWed 11/1/17Fri 11/3/1718Install new Panel No 1 and appurtenances5 daysMon 11/6/17Fri 11/10/1719Remove Ex Panel No 2 and appurtenances3 daysWed 12/6/17Fri 12/8/1720Install new Panel No 2 and appurtenances5 daysMon 12/11/17Fri 12/15/1721Remove Ex Panel No 3 and appurtenances3 daysTue 1/9/18Thu 1/11/1822Install new Panel No 3 and appurtenances5 daysFri 1/12/18Thu 1/18/1823New power conductor insulation testing No 11 dayMon 11/13/17Mon 11/13/1724New power conductor insulation testing No 21 dayMon 12/18/17Mon 12/18/1725New power conductor insulation testing No 31 dayFri 1/19/18Fri 1/19/185/156/97/58/210/1710/4MBEMBEMBEMBEMBEMBEMAprilJulyOctoberJanuaryTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: LE WWTP Centrifuge VDate: Wed 5/3/17Page 170 of 203 ID Task ModeTask NameDuration Start Finish26Machine Startup No 11 dayWed 11/15/17Wed 11/15/1727Machine Startup No 21 dayWed 12/20/17Wed 12/20/1728Machine Startup No 31 dayTue 1/23/18Tue 1/23/1829Initial Field Test No 12 daysFri 11/17/17Mon 11/20/1730Initial Field Test No 22 daysThu 12/21/17Fri 12/22/1731Initial Field Test No 32 daysWed 1/24/18Thu 1/25/1832PLC Trouble-shooting No 12 daysTue 11/21/17Wed 11/22/1733PLC Trouble-shooting No 21 dayMon 12/25/17Mon 12/25/1734PLC Trouble-shooting No 31 dayFri 1/26/18Fri 1/26/1835Inspect wiring and controls installation No 12 daysMon 11/13/17Tue 11/14/1736Inspect wiring and controls installation No 22 daysMon 12/18/17Tue 12/19/1737Inspect wiring and controls installation No 32 daysFri 1/19/18Mon 1/22/1838Manufacturer Installation Inspection No 11 dayTue 11/14/17Tue 11/14/1739Manufacturer Installation Inspection No 21 dayTue 12/19/17Tue 12/19/1740Manufacturer Installation Inspection No 31 dayMon 1/22/18Mon 1/22/1841Class Room Training on entire system2 daysWed 11/15/17Thu 11/16/1742Performance Accept Testing (PAT) Optimization/Training No 11 dayTue 11/21/17Tue 11/21/1743PAT Optimization/Training No 21 dayMon 12/25/17Mon 12/25/1744PAT Optimization/Training No 31 dayFri 1/26/18Fri 1/26/1845PAT No 1 (7 day)2 wksWed 11/22/17Tue 12/5/1746PAT No 2 (7 day)2 wksTue 12/26/17Mon 1/8/1847PAT No 3 (7 day)2 wksMon 1/29/18Fri 2/9/1848Substantial Completion0 daysFri 2/9/18Fri 2/9/1849Final Completion0 daysThu 2/22/18Thu 2/22/182/92/22MBEMBEMBEMBEMBEMBEMAprilJulyOctoberJanuaryTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 2Project: LE WWTP Centrifuge VDate: Wed 5/3/17Page 171 of 203 February 16, 2017 EXHIBIT C – FEE EXHIBIT Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project (Draft fee table with additional detail – subject to negotiation. Rates and expenses schedule are shown in Attachment 1 to this Exhibit C.) LEWWTP VFD Panel Replacement Fee Cost Item Cost Comments 1. BC Services – Labor Engineering, Inspection and General Contracting $131,200 • Office engineering (e.g. submittals and RFIs) and inspection services during construction • General contracting including procurement, subcontract management, scheduling, coordination, permits, etc. 2. Direct construction costs, including subcontractors and General Conditions costs (transportation, health and safety supplies, field expenses) $518,305 Based on subcontract proposals received: Centrisys $323,990 AmWest $71,850 McDade Woodcock $57,525 Subtotal $453,365 Quotes from: Emerson and EPS $3,240 General Conditions $19,200 Sub P&P bonds $4,474 Construction G&A $38,026 Subtotal $61,654 3. Contingency (Allowances) $63,800 Based on 9.82% of item 1 and item 2 4. Performance and Payment Bonds, and Builders Risk Insurance $21,100 Based on 2.96% of item 1 and items 2 and 3 5. Design-Builder’s Fee $95,000 Sub-Total $829,405 Taxes $25,505 Estimated Englewood Sales and Use taxes incorporating requisite tax exemptions TOTAL $854,910 Page 172 of 203 [ THIS PAGE INTENTIONALLY BLANK] Page 173 of 203 Brown and Caldwell Confidential Business Information February 16, 2017 Attachment 1 to Exhibit C – Fee Exhibit Littleton/Englewood Rates and Expenses Schedule Level Engineering Technical/Scientific Administrative Hourly Rate A Office/Support Services I $74 B Drafter Trainee Field Service Technician Word Processor I Office/Support Services II $74 C Assistant Drafter Field Service Technician II Word Processor II Office/Support Services III $74 D Drafter Engineering Aide Inspection Aide Field Service Technician III Accountant I Word Processor III Office/Support Services IV $84 E Engineer I Senior Drafter Senior Illustrator Inspector I Geologist/Hydrogeologist I Scientist I Senior Field Service Technician Accountant II Word Processor IV $94 F Engineer II Inspector II Lead Drafter Lead Illustrator Geologist/Hydrogeologist II Scientist II Accountant III Area Business Operations Mgr Technical Writer Word Processing Supervisor $110 G Engineer III Inspector III Senior Designer Supervising Drafter Supervising Illustrator Geologist/Hydrogeologist III Scientist III Accountant IV Administrative Manager $132 H Senior Engineer Principal Designer Senior Construction Engineer Senior Engineer Senior Geologist/Hydrogeologist Senior Scientist Senior Technical Writer $152 I Principal Engineer Principal Construction Engineer Supervising Designer Principal Geologist/Hydrogeologist Principal Scientist Corp. Contract Administrator $172 J Supervising Engineer Supervising Constr. Engineer Supervising Engineer Supervising Scientist Supervising Geologist/ Hydrogeologist Assistant Controller $184 K Managing Engineer Managing Geologist/Hydrogeologist Managing Scientist Area Bus Ops Mgr IV $200 L Chief Engineer Executive Engineer Chief Scientist Chief Geologist/Hydrogeologist Corp Marketing Comm. Mgr. $214 M Vice President $214 N Senior Vice President $222 O President/Executive Vice President $222 P Chief Executive Officer $222 Notes: Standard Billing Rates will be revised annually on a calendar-year basis. Billing Rates will be used according to the Classification Level. An Associated Project Cost (APC) of $5.00 is included per direct labor hour to cover the cost of in-house reproduction services including graphics and photocopying, color printing, long-distance telephone calls including cell phone charges, facsimile, postage, overnight and courier services, and CAD/computer usage. Other direct costs shall be billed at actual cost plus a 10% service charge, if applicable. Direct charges are all charges other than time- related charges, incurred directly for the project. Mileage reimbursement rate is equal to the IRS Standard Mileage Rate ($0.535/mile). Page 174 of 203 [ THIS PAGE INTENTIONALLY BLANK] Page 175 of 203 D-1 4/4/17 EXHIBIT D – INSURANCE EXHIBIT Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project INSURANCE In the interested of clarity, the defined term “Contractor” wherever used in this exhibit shall mean “Design-Builder” as defined in the Agreement. Contractor shall procure and maintain from insurance companies authorized to do business in the State of Colorado, and with a minimum rating set forth below, the following insurance coverage for certain claims which may arise from or out of the performance of the Work and obligations under the Agreement: A. MINIMUM SCOPE OF INSURANCE: Coverage shall be at least as broad as: 1. Commercial General Liability (on “occurrence” form) with no limiting modifications, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under a contract. There shall be no endorsement or modification that limits the scope of coverage for liability arising from explosion, collapse, or underground property damage. a. Continuing Completed Operations Liability Insurance. The Commercial General Liability shall be maintained without interruption from the date of commencement of the Work until one (1) years following substantial completion of the Work. The continuing Commercial General Liability shall be written on (Insurance Services Office) ISO occurrence form CG 20 10 07 04 (or a substitute form providing equivalent coverage), and shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract. 2. Business Auto Liability Insurance ISO form CA 20 48 (or a substitute form providing equivalent coverage), with “Any Auto” and shall include contractual liability coverage. 3. Worker’s Compensation as prescribed by applicable law and Employer’s Liability insurance. Coverage shall include, if applicable, United States Longshore and Harborworkers' Compensation Act (USL&H) and/or Jones Act coverage. The Contractor and subcontractors shall insure under applicable laws relating to workers’ compensation or employer’s liability insurance their employees working on or about the construction site, regardless of whether such coverage or insurance is mandatory or merely elective under the law. The Contractor shall defend, protect and hold harmless the City of Englewood (Owner), Construction Manager, Design Engineer, their officers, directors, Page 176 of 203 D-2 4/4/17 employees, agents and other consultants of each and any of them from and against claims, actions or suits arising from failure of Contractor of the subcontractors to maintain such insurance. 4. Professional Liability/Errors and Omissions Insurance. 5. Employee Dishonesty and Computer Fraud Insurance B. MINIMUM LIMITS OF INSURANCE: 1. COMMERCIAL GENERAL LIABILITY: $3,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate limits shall apply per location/project, or it shall be twice the per occurrence limit. The limits may be satisfied by a combination of primary and umbrella or excess policies. a. Other Insurance Provisions 1) Waiver of Subrogation. Contractor waives all rights against Owner its officers, directors, employees, agents and other consultants of each and any of them for recovery of damages to the extent these damages are covered by the commercial general liability or umbrella liability insurance maintained pursuant to this exhibit. 2) Additional Insured. Owner, its officers directors, employees, agents and other consultants of each and any of them shall be included as insureds under endorsement CG 20 10 07 04 or its equivalent, which include coverage for liability arising out of the completed operations of Contractor, and which coverage shall be maintained in effect for the benefit of such insureds for a period of one (1) years following the completion of the Work. Additional insured coverage as required in this subparagraph shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Owner. 2. AUTOMOBILE LIABILITY: $1,000,000 combined single limits per accident for bodily injury and property damage. a. Other Insurance Provisions. Owner shall be included as an additional insured. Page 177 of 203 D-3 4/4/17 3. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY: Worker’s Compensation with statutory benefits prescribed by law, and Employer’s Liability with limits of not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. a. Waiver of Subrogation. Contractor waives all rights against Owner, its officers, directors, employees and agents, for recovery of damages to the extent these damages are covered by the workers compensation and employers liability insurance obtained by Contractor. 4. PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS INSURANCE: Professional Liability/Errors and Omissions Insurance covering the negligent acts, errors and omissions arising out of Consultant’s professional operations or Services in an amount not less than one million dollars ($1,000,000) per claim. 5. EMPLOYEE DISHONESTY AND COMPUTER FRAUD INSURANCE: Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured retentions as part of Contractor’s Commercial General Liability, Business Auto and Worker’s Compensation policies in excess of $250,000 must be declared to and approved by the Owner. Such deductibles or self-insured retentions are the sole responsibility of Contractor. D. BUILDERS RISK: Unless otherwise undertaken by Owner, Contractor shall secure all-risk type of builders risk insurance covering work performed under the Contract and materials, equipment or other items to be incorporated therein, while the same are located at the construction site, stored off site but intended for use at the site, and shall also cover portions of the work in transit. 1. LIMITS AND SCOPE OF COVERAGE: a. Insurance shall be written in an amount at least equal to the total indicating in Exhibit C – Fee Exhibit. b. Coverage shall be on a replacement cost basis, written on a completed value form. c. The policy shall cover all risks of physical loss except those specifically excluded in the policy, and shall insure at least against the perils of fire, explosion, smoke, lightning, windstorm or hail, Page 178 of 203 D-4 4/4/17 collapse, riot or civil commotion, aircraft or vehicles, vandalism, malicious mischief, theft, collapse, debris removal (including demolition required by law), until the date of Substantial Completion of the work. d. Flood and Earthquake perils. If required by Owner, the policy must include coverage for loss or damage caused by earthquake or flood, subject to sublimits and deductibles which are acceptable to Owner and reasonably attainable in the insurance marketplace. e. The policy may exclude loss or damage caused by or resulting from errors in design or from the use of substandard materials or supplies used knowingly by or at the direction of the insured, but not excluding results, physical loss, or damage to other property covered hereunder. Neither exclusion shall apply in the event of fire, explosion, or acts of God. f. Not Used. g. The maximum allowable deductible under this policy shall be $100,000. The Contractor shall be solely responsible for any deductible losses under each of the policies required to the extent such loss is caused by Contractor’s or its subcontractors’ negligence. h. If earthquake and flood perils are included, the deductible applicable to these perils shall be $50,000. i. The policies providing this insurance shall name the Owner, the Contractor, Contractor’s subcontractors and sub-subcontractors as additional insureds. j. The insurance policy shall contain a provision that the insurance will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to Owner. k. Waiver of Subrogation. Owner and Contractor waive all rights against each other and each of their subcontractors, subconsultants, officers, directors, agents and employees, for recovery for damages caused by fire and other perils to the extent covered by builders risk insurance purchased pursuant to the requirements herein, or any other property insurance applicable to the Work. Page 179 of 203 D-5 4/4/17 l. Partial occupancy or use of the Work shall not commence until the insurance company or companies providing builder’s risk insurance as required in this section have consented to such partial occupancy or use. Owner and Contractor agree to take no action, other than upon mutual written consent, with respect to occupancy or use of the Work that could lead to cancellation, lapse, or reduction of insurance. 2. TERM OF COVERAGE: The insurance required shall be maintained in effect, unless otherwise provided for in the Agreement documents, until the earliest of the following dates: a. The date of which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. The date on which Substantial Completion, as provided for in the Agreement, has been made. c. The date on which the insurable interests in the property of all insureds other than Owner have ceased. E. EVIDENCE OF INSURANCE: 1. Prior to commencing the Work, Contractor shall furnish Owner with a complete certificate of insurance, with required endorsements, and with respect to Builder’s Risk, a complete copy of the policy, executed by a duly authorized representative of insurer, showing compliance with the requirements set for the above. 2. All certificates shall provide for 30 days written notice to Owner prior to the cancellation of the policies required in this exhibit. F. GENERAL INSURANCE PROVISIONS: 1. Owner shall have the right, but not the obligation, of prohibiting Contractor or any Subcontractor from entering the Project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by Owner. 2. Failure to maintain the required insurance shall, after a reasonable opportunity to cure such failure, result in termination of this Agreement at Owner’s option. Page 180 of 203 D-6 4/4/17 3. With respect to insurance maintained after final payment in compliance with a requirement above, an additional certificate(s) evidencing such coverage shall be promptly provided to Owner whenever requested. 4. Acceptability of Insurers. Unless otherwise approved by Owner, insurance shall be placed with insurers with a Best’s Rating of no less than A-. 5. Subcontractors: With the exception of the Builder’s Risk policy, Contractor shall require certificates of insurance and endorsements from its subcontractors, subject to the requirements stated herein, unless otherwise waived or modified by Owner. Page 181 of 203 E (Part 1 of 2)-1 EXHIBIT E – BOND FORMS (Part 1 of 2) Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the City of Englewood, hereinafter designated the "Owner," has, on , 20 , awarded to , hereinafter designated as the "Principal," a Contract for the construction of the Littleton/Englewood Wastewater Treatment Plant (LEWWTP) Centrifuge VFD Panel Replacement Project, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto the Owner the penal sum of [amount equal to the total cost of the project as identified in Exhibit C] dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to the laws of the State of Colorado, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of Colorado state law, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, all reasonable attorney's fees to the Owner as shall be fixed by the court. Page 182 of 203 E (Part 1 of 2)-2 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under the laws of the State of Colorado, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title Surety (Seal) Signature for Surety Title **END OF SECTION** Page 183 of 203 E (Part 2 of 2)-1 EXHIBIT E – BOND FORMS (Part 2 of 2) Littleton/Englewood Wastewater Treatment Plant LEWWTP Centrifuge VFD Panel Replacement Project FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the City of Englewood, hereinafter designated the "Owner," has, on , 20 , awarded to , hereinafter designated as the "Principal," a Contract for the construction of the Littleton/Englewood Wastewater Treatment Plant (LEWWTP) Centrifuge VFD Panel Replacement Project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of [amount equal to the total cost of the project as identified in Exhibit C] dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said Contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said Contract, the above obligation in the said amount shall hold good for a period of one (l) year after the completion and acceptance of the said work, during which time if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, Page 184 of 203 E (Part 2 of 2)-2 the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory **END OF SECTION** Page 185 of 203 Scroll Centrifuge Variable Frequency Drives Replacement Project at L/E WWTP Page 186 of 203 Page 187 of 203 Page 188 of 203 Page 189 of 203 Page 190 of 203 Page 191 of 203 Page 192 of 203 Page 193 of 203 Page 194 of 203 LITTLETON/ENGLEWOOD..WASTEWATERTHEATMENTPLANTCW3’0/PCLi)’of$.f;$?”E.'.l'Z.'.'a'Z"§5uuLtttletonEnglewood(sauna:-zsoaFAX782-RG20MINUTESSUPERVISORYCOMMITTEEMEETINGDecember15,20169:00a.m.ATTENDING:EricKeckEnglewoodCityManagerMarkRelphActingLittletonCityManagerDaveHendersonEnglewoodPublicWorksDirectorFredBrombergerActingLittletonPublicWorksDirectorDavidRobbinsHill&.RobbinsMattMontgomeryHill&RobbinsDennisStoweDirector,L/EWWTPTomBrennanUtilitiesDirector,CityofEnglewoodChongWoo~Engineering/MaintenanceDivisionManager,L/EWWTPCindyGoodbumBusinessServicesDivisionManager,L/EWWTPDanDeLaughterEnvironmentalComplianceDivisionManager,L/EWWTPJimTallentTreatmentDivisionManager,L/EWWTPJonBridgesIndustrialPretreatmentAdministrator,UEWWTPPhilRussellEnvironmentalServicesManager,L/EWWTPGUESTS:DanClaytonBrownandCaldwellDebParkerDeskAssistant,L/EWWTPSarahReevesBrownandCaldwellStephanieSehliemanHumanResourcesPartner,L/EWWTPSECTIONIII-TOPICSFORACTION,DISCUSSIONAND/ORREVIEWACTIONITEMSScrollCentrifugeVariableFrequencyDrive(VFD)Replacement—ClndyGoodhurnCindyGoodbumgaveabriefoverviewoftheScrollCentrifugeVFDReplacementProject.TheLittleton/EnglewoodWastewaterTreatmentPlant(l./EWWTP)hasthree(3)scrollcentrifugesandthree(3)VFD’s.TheVFD’sareattheendoftheirusefullifeandneedtobereplaced;theyareaveryimportantpartofoperationsattheLIEWWTP.Theprojectisestimatedtotakeseven(7)months‘Thiswillbeadesign-buildproject.EricKeckaskedabouttheactionstheLIEWWTPhastakenpriortothistoplanforthereplacement.Cindydiscussedhowherteamshavebeenworkingonthisprojectforovertwoyears.TheL/EWWTPfoundonlyoneothercompanywhowaswillingtoprovideabid,buttheywerenotwillingtowarrantytheunits.Centrisyswastheonlycompanywillingtodothisworkwithawarranty.DanClayton,BrownandCaldwellPage 195 of 203 MINUTESSUPERVISOR‘!COMMI'1'I‘EEMEETINGDecember15.2016Page2of4(B&C),notedthatadesign-buildprojectusesthesamecompanytodoboththedesignandtheconstruction,sotheLIEWWTPwouldbene?tfromtheexpertiseofthepeopleworkingonthisproject.CindyalsomentionedthattheLIEWWTPisanticipatingreceivingrebatesfromXcelEnergyontheVFDunits.TheL/EWWTPhasbudgetedtheamountneededforthereplacementandwarrantyinthe2017Budget.Dandiscussedacostanalysishandoutassociatedwiththisproject.B&Cestimatedthevalueforthisprojectat$854,700.00.Inadditiontotheproposal,B&ChasalsoprovidedcontractingdocumentsbasedupontheDesign-BuildInstituteofAmericaforthecitiestoreview.MarkRelphaskedforclari?cationonthedesign-build,andDanveri?edthatitwouldbeonecontractwithalltheengineeringandconstructiontogether.Markaskedabouthowcontingencieswouldbehandled.Danstatedthattheywouldheaddressedinthecontract,butmanagedaschangeorders.ThechangeorderswouldbeunderLittleton/Englewoodcontrol.Ericaskedwhatthepossiblerami?cationsifaVFDfailedduringreplacement.JimTallentandDanClaytondiscussedthattheplanwastoreplaceoneatatime,toensurethatL/EWWTPalwayshastwocapablemachinesrunning.DennisdiscussedhowtheVFDprocessescanaffecttheentireplantandcausecomplianceissues.L/EWWTPneedstomoveforwardquicklywiththisproject.ACTIONTAKEN—TheSupervisoryCommitteeapprovedmovingforwardwiththedesign-buildcontractwithBrownandCaldwelltoreplacethree(3)ScrollCentrifugeVariableFrequencyDrivesandassociatedpanelsprovided,intheanwunt011854,700.00.Marl:Relphmoved,DaveHendersonseconded,allayes,nonays,approvedbyall.CSUCooperativeResearchProjectProposalfor2017-JimTallentDennisdiscussedL/EWWTP’songoingbiosolidsresearchprojectwithColoradoStateUniversity(CSU).CSUhasproposedafewchanges,includingevaluatingsoilimpactsfrombiosolidsuse.DennisbelievesthatthisisagoodadditiontotheprojectsincetheNationalResourcesDevelopmentCouncil(NRDC)isbeginningtofocusonsoilquality.The1/5WWTPhassupportedthisprogramsince1982;andoveritslonghistorythisresearchintoaridlandshascontributedsigni?cantlytoimprovedregulatorydevelopment.TheSupervisoryCommitteeagreedthatthisisagreatprogramandtheLIEWWTPshouldtocontinuewithit,ACTIONTAKEN—TheSupervisoryCommitteeapprovedthe2017ColoradoStatellniverxityproposaltocontinuetlreCooperativeResearchProjectonLorrdztpplicatiattofsewugeBlosolldsInDrylandWlreot,intheamountofS114,775.00.EricKeckmoved,MarkRelphseconded,allayes,notrays,approvedbyall.ll.INFORMATIONALITEMSUpcomingRetirements—DennisStoweDennisupdatedtheCommitteeonstatusofretirementsin2017.Threehigher-levelmanagerswillberetiringfromL/EWWTPin20l7:PhilRussell,JimTallentandDennisStowe.TherehasbeenturnoverinHumanResources,andl./EWWTPhasgottenbehindonthehiringschedule.ThetentativedateforDennis’sretirement(February)willhemovedafewmonthslatertoprovideoverlap.Page 196 of 203 MINUTESSUPERVISORYCOMMITTEEMEETINGDecember15,2016Page3of4RegulatoryComplianceUpdate—DanDeLaughterDanDeLaughterdiscussedupdatesonL/EW\llFl"P’sdischargepermit.TheWaterQualityControlDivision(WQCD)reachedouttotheLIEWWTPtosetupameetingonDecember20,2016.Danbelievestheprimarytopicofdiscussionofthismeetingwillbethereservecapacityissue.Additionally,theWQCDsentoutsomeapplicationmaterialsontheStormwaterPermitthatareduebyApril30,2017.DanwentoverupdatesfromtheWorkGroups.ThereisahearinginOctober20]7forReg.85(thenutrientcontrolregulation).OneoftheissuesdiscussedwasWQCD’sproposaltoreducethelimitforTIN(TotalInorganicNitrogen)from15downto[0,whichL/EWWTPdoesnotsupport.Danattendeda303(d)MethodologyListingmeetinglastweek,whichmayimpacttemperature.DaniscoordinatingwithIntegraltotakealookatsomeofL/EWWTP‘smorerecenttemperaturedatatodeterminewhetherSegmentl4ofthePlatteRivermaybelistedbasedontemperature.Hill&RobbinsUpdates—MattMontgomeryHill&RobbinshasbeenworkingwithDantoprepareforanupcominghearingonReg.6|—whichcontrolsthepermittingprocess.MattisworkingwithJonBridgeson?nalizingseveralConnectorAgreementsrequiredbytheEPA.DavidRobbinsisworkingwithbothcityattorneysoninterceptorAgreements.MarkRelphstatedthatitisimponanttogetboththeConnectorAgreementsandInterceptorAgreementsontheCouncils’schedulessoonbecausetheLittletonCityCouncilisverybusyatthemoment.JonnotedthattheproposedrevisionstothemunicipalcodesforEnglewoodandLittletonhavebeensenttoAlGarciaattheEPAforhisreviewpriortogoingtoCouncilstudysessions.EPAisnotsuretheycanreviewuntilsometimeinJanuary.MemotoCouncil:—SarahReeveshandedoutanexampledashboardwhichidenti?edsevenoreighttopicsthatL/EWWTPshouldprovidetotheCouncilsonaregularbasis.DennisreviewedthedocumentdepictingO&M,budget,infrastructure,andenergycosts.DennisnotedthatpretreatmentwouldalsobeagooditemtoputonthedashboardbecauseitprovidesinfonnationabouttheserviceareabeyondthetwoCities.TheSupervisoryCommitteeapprovedthefonnat.DennisalsosuggestedthatL/EWWTPshouldincluderegulatoryissuesinthedashboardastheycomeup.TheCommitteerecommendedthatIJEWWTPprovidethedashboardtotheCouncilsquarterly.DennisdiscussedtheprogresswiththeJointCouncilmeetingfeedback.DanDeLaughterhasbeenworkingwithHillandRobbinsontheregulatoryandlegalsideoftheresponse.SarahReeveshandedoutthetechnicalquestionresponsesforreview.Committeewouldlike20year?owsgraphputintothememoaswell,includingtheorganicloading.lll.ADJOURNMENTThenextSupervisoryCommitteemeetingisscheduledforThursday,JanuaryI9,2017.Thismeetingwillbeheldat9:00amattheLittleton/EnglewoodWastewaterTreatmentPlantAdjournedat9:59amRecordingSecretarySignaturePage 197 of 203 Department City Manager's Office Fund Littleton/Englewood Wastewater Treatment Plant Division Business Services Account 90.1706 Description The Business Services Division provides centralized business and technology support for all L/E V\l\NTP divisions.This includes centralized program management for information technology and communication systems,SCADA,PLC,instrumentation and control systems; contract administration;data and records management and retrieval;permit reporting; monthly,annual and financial reporting;invoicing;purchasing processing;employee performance management system administration;and development and implementation of programs set forth by the Supervisory Committee.The Division also provides as required executive and clerical support for all divisions to maintain plant programs,as well as intergovernmental,regulatory and legislative interaction to assure compliance with all local, state and federal regulation. History and _ Budget Actual Actual Actual Actual Actual Budget Estimate Budget 2011 2012 2013 2014 2015 2016 2016 2017 Revenue Taxes -------- Licenses&Permits -------- Intergovernmental -------- Chargesforsenlices 12,515,06 13,762,448 13,839,550 14,365,438 14,261,644 16,942,94916,661,586 18,732,381 Fines&Forfeitures -------- InvestmentIncome 12,493 12,920 (3,100)8,419 6,035 23,447 23,447 23,447 Other 59,728 57,988 38,870 63,742 64,936 64,493 104,228 124,228 LTDebtProceeds -------- TransfersIn -------- TotalRevenue 12,587,284 13,833,356 13,875,320 14,437,599 14,332,615 17,030,88916,789,261 18,880,056 Percent Change 9.90%0.30%4.05%-0.73%18.83%-1.42%12.45% Expenditure Personnel 890,981 928,944 949,640 923,957 1,124,860 1,078,913 1,005,944 1,116,061 Commodities 220,633 294,329 229,093 207,866 221,550 207,124 207,724 226,700 Contractual 801,456 484,789 418,482 482,932 583,814 859,748 859,847 822,936 Capital 39,766 50,345 69,506 284,476 73,219 -622,000 622,000 1,347,000 DebtService -------- TransferOut -------- TotalExpenditure 1,952,836 1,758,407 1,666,721 1,899,231 2,003,443 2,767,785 2,695,515 3,512,697 Percent Change -9.96%-5.21%13.95%5.49%38.15%-2.61%30.32% EmployeesFTE 11.33 10.50 10.50 11.00 11.00 11.00 11.00 11.00 PercentChangeFTE -7.31%.0,00%4.76%0.00%0.00%0:00%0.00% 4,000,000 19,000,000 3’000’000 J 14,250,000 aa5 (Dg2,000,000 9,500,000 3 5 %5 1,000,000 4,750,000 0: 0 0 2011 2012 2013 2014 2015 2016 2016 2017 Actual Actual Actual Actual Actual BudgetEstimateBudget ZExpenditure iTotal Revenue Littleton/Englewood Wastewater Treatment Plant 12 Proposed BUDGET 2017 Page 198 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: May 15, 2017 SUBJECT: Resolution for a year-end supplemental appropriation to the 2016 Budget DESCRIPTION: Resolution for a year-end supplemental appropriation to the 2016 Budget RECOMMENDATION: Staff recommends City Council approve the attached resolution for a year-end supplemental appropriation to the 2016 Budget. PREVIOUS COUNCIL ACTION: City Council has not discussed this supplemental appropriation or transfer specifically. Council approved the 2016 Budget and Appropriations Ordinances on final reading on October 19, 2015. SUMMARY: The supplemental appropriations for 2016 are presented for Council’s consideration at this time because total expenditures for the year are often not fully known until all expenditures are paid, which is often months after year-end. This year-end review and approval aligns to City past practices. ANALYSIS: General Fund: SOURCE OF FUNDS: Unassigned Fund Balance- although distributed from fund balance, these transfers of costs between departments are fully off-set by lower expenditures in the departments where the personnel were transferred. $150,361 USE OF FUNDS: City Manager's Office– Costs associated with the transfer of positions from other departments for budget analysts (position transfers from Parks & Rec and Finance) $129,114 Finance and Administrative Services (HR) – Costs associated with the transfer of personnel and function from other departments for operational efficiencies (position transfer from Parks & Rec) $21,247 Page 199 of 203 Total Use of Funds $150,361 Malley Center Trust Fund: SOURCE OF FUNDS: Available Fund Balance $1,000 USE OF FUNDS: Unexpected additional costs of installing new televisions in the training room $1,000 Public Improvement Fund: SOURCE OF FUNDS: Unassigned Fund Balance $450,000 USE OF FUNDS: Transfer out to the Capital Projects Fund $450,000 Capital Fund: SOURCE OF FUNDS: Transfer from Public Improvement Fund $450,000 USE OF FUNDS: Planned Transfer of funds to cover approved Capital Projects $450,000 Risk Management Fund: SOURCE OF FUNDS: Available Fund Balance $90,000 USE OF FUNDS: Higher than anticipated expenditures related to prior year claims $90,000 Please note: The transaction across the Public Improvement Fund (PIF) and the Capital Fund is the same $450,000. Due to reflection of the Accounting across two funds, two separate transactions have to be recognized. The unappropriated balance from the PIF has to be appropriated for transfer in the same fund and approved to be moved to the Capital Fund. Subsequently, once in the Capital Fund, it has to be approved to be used on projects. FINANCIAL IMPLICATIONS: Including this request for supplemental funding, the total 2016 end of year General Fund’s unassigned fund balance has increased approximately $2,100,000 from end of year 2015. This request for supplemental funds is off-set with planned underruns in other departments. Page 200 of 203 ATTACHMENTS: Resolution Page 201 of 203 1 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPROVING A YEAR-END SUPPLEMENTAL APPROPRIATION TO THE 2016 BUDGET. WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, the 2016 Budget was submitted and approved by the Englewood City Council on October 19, 2015; and WHEREAS, the City Manager’s Office, Finance and Administrative Services, and the Human Resources Department incurred additional costs at the end of the 2016 fiscal year due to expenses related to personnel transferred from other departments; and WHEREAS, the Malley Center sustained unexpected expenses at the end of the 2016 fiscal year related to their training room; and WHEREAS, additional funds are necessary to fund approved capital projects; and WHEREAS, the Risk Management Fund had higher than anticipated expenditures related to prior year claims, and WHEREAS, total expenditures for 2016, including those listed above, have now been identified and paid, necessitating these supplemental appropriations to be hereby presented for the consideration and approval of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the General Fund, the Malley Center Trust Fund, the Capital Fund, and the Risk Management Fund of the City of Englewood, Colorado, is hereby amended for the year 2016, as follows: GENERAL FUND: SOURCE OF FUNDS: Unassigned Fund Balance $150,361 USE OF FUNDS: City Manager’s Office – Costs associated with transfer of positions $129,114 Finance and Administrative Services, Human Resources Department – Costs associated with transfer of personnel and functions from other departments $ 21,247 TOTAL USE OF FUNDS $150,361 Page 202 of 203 2 MALLEY CENTER TRUST FUND: SOURCE OF FUNDS: Available Fund Balance $ 1,000 USE OF FUNDS: Unexpected additional costs of installing new televisions in the training room $1,000 PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS: Unassigned Fund Balance $450,000 USE OF FUNDS: Transfer to the Capital Projects Fund $450,000 CAPITAL FUND: SOURCE OF FUNDS: Transfer in from Public Improvement Fund $450,000 USE OF FUNDS: Planned transfer for approved projects $450,000 RISK MANAGEMENT FUND: SOURCE OF FUNDS: Unrestricted Funds Available $ 90,000 USE OF FUNDS: Unanticipated Insurance Claims – Hail Storms $ 90,000 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2016 Budget for the City of Englewood. ADOPTED AND APPROVED this 15th day of May, 2017. ATTEST: Joe Jefferson, Mayor __________________________________ Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2017. ______________________________ Stephanie Carlile, Acting City Clerk Page 203 of 203