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HomeMy WebLinkAbout2017-06-19 (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, June 19, 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 June 5, 2017. City Council Regular - 05 Jun 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. Janice Brown will be present to speak in support of remaining in the Paris Climate Accord. b. Mark Swanson, an Englewood resident, will be present to discuss his concerns with Code Enforcement and the Courts. c. Geoff Frazier, an Englewood resident, will address Council regarding a commitment to lowering greenhouse gas emissions. d. Ida May Nicholl, an Englewood resident, will address Council regarding Englewood history. e. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items Page 1 of 385 Englewood City Council Regular Agenda June 19, 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. a. Approval of Ordinances on First Reading i. Amendments to the Mechanical Code Council Bill 34 - Pdf Staff recommends that City Council approve a Bill for an Ordinance amending Title 8, Chapter 2, Article B of the Englewood Municipal Code 2000 pertaining to the Mechanical Code. Staff: Chief Building Official Karen Montanez ii. Amendments to the Fuel Gas Code Council Bill 35 - Pdf Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article H of the Englewood Municipal Code 2000 pertaining to the Fuel Gas Code. Staff: Chief Building Official Karen Montanez iii. Amendments to the Plumbing Code Council Bill 36 - Pdf Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article C, of the Englewood Municipal Code 2000, pertaining to the Plumbing Code. Staff: Chief Building Official Karen Montanez iv. Amendments to the Residential Code Council Bill 37 - Pdf Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article G, of the Englewood Municipal Code 2000 pertaining to the Residential Code. Staff: Chief Building Official Karen Montanez v. Amendments to the Building Code Council Bill 38 - Pdf Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article A, of the Englewood Municipal Code 2000 pertaining to the Building Code. Staff: Chief Building Official Karen Montanez vi. Amendments to the Existing Building Code Council Bill 39 - Pdf Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article J of the Englewood Municipal Code 2000 pertaining to the Existing Building Code. Staff: Chief Building Official Karen Montanez vii. Amendments to the Energy Conservation Code Council Bill 40 - Pdf Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article I, of the Englewood Municipal Code, pertaining to the Energy Conservation Code. Staff: Chief Building Official Karen Montanez viii. Arapahoe County Consolidated C.A.D. IGA Council Bill 43 The Police Department is recommending Council approve a Bill for an Ordinance for an Intergovernmental Agreement by and among: Arapahoe County, the Arapahoe County E-911 Communications Service Authority, the City of Cherry Page 2 of 385 Englewood City Council Regular Agenda June 19, 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. Hills Village, the City of Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, and the City of Sheridan. This IGA pertains to the selection, design, purchase, and use of a single, consolidated Computer Aided Dispatch (C.A.D.) system to be utilized by all of the above entities, and to be hosted and operated by Arapahoe County. Staff: Commander Tim Englert b. Approval of Ordinances on Second Reading. i. Iron Works Village Metropolitan District IGA Council Bill 32 Staff recommends that Council approve an Ordinance for the Intergovernmental Agreement between the Iron Works Village Metropolitan District and the City of Englewood. Staff: Senior Planner Harold Stitt c. Resolutions and Motions i. Award Contract for 2017 Chip Seal Program Award Contract for 2017 Chip Seal Program - Pdf Staff recommends Council award, by motion, a contract to Foothills Paving and Maintenance, Inc., in the amount of $321,933.10 to complete the 2017 Chip Seal Program. Staff: Right-of-Way Services Manager Larry Nimmo ii. ResourceX (Priority Based Budgeting) Contract for Approval ResourceX (Priority Based Budgeting) Contract for Approval - Pdf Staff recommends that City Council approve, by motion, a services agreement with ResourceX for the online Priority Based Budgeting tool and service. Staff: Finance and Administrative Services Director Kathleen Rinkel 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement Council Bill 41 - Pdf The Utilities staff recommends Council adopt a Bill for an Ordinance for the Vacation of Easement and Dedication of Sanitary Sewer Easement requested by KRF 965, LLC for construction of the Englewood Senior Living Center. Staff: Utilities Director Tom Brennan ii. IGA with Urban Drainage and Flood Control Distirct for the Big Dry Creek Diversion Pipe Council Bill 42 - Pdf The Englewood Water and Sewer Board, at their June 6, 2017 meeting, recommended approval of an IGA with UDFCD to construct the diversion pipeline for the Big Dry Creek Diversion Project. The diversion pipeline is within the River Run Phase II Project currently under the UDFCD contract with Naranjo Civil Constructors. Page 3 of 385 Englewood City Council Regular Agenda June 19, 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. iii. Tabled Motion that the City of Englewood does not charge the School Board Use Tax and honor their tax exempt status. iv. Building Use Tax Ordinance Amendment Council Bill 48 - Pdf Staff recommends that Council adopt a Bill for an Ordinance that amends Title 4, Chapter 4, of the Englewood Municipal Code 2000, pertaining to the imposition of use tax, all within the City of Englewood, Arapahoe County, Colorado. Staff: City Manager Eric Keck b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) - Pdf The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommends the Englewood City Council approve, by Motion, the Carollo Engineers, Inc. Professional Services Agreement for the Workforce Alignment and Strategy Advisement Services (WASAS) Master Agreement for L/E WWTP in the total not-to-exceed amount of $100,000, which includes a contingency amount of $8,000. Staff: L/EWWTP Business Services Manager Cindy Goodburn ii. L/E WWTP Service Area Population Study L/E WWTP Service Area Population Study - Pdf The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council approve, by Motion, a professional services agreement with Economic and Planning Systems Inc. (EPS) to conduct a population study for the L/E WWTP sanitary sewer service area in the amount not to exceed $40,610. This recommendation was approved by the L/E WWTP Supervisory Committee on May 18, 2017. Staff: L/EWWTP Project Engineer IV Chong Woo iii. Award Pre-Construction Services for Police Headquarters Award Pre-Construction Services for Police Headquarters - Pdf Staff recommends Council award, by motion, a Contract (AIA Document 133) with Adolfson & Peterson Construction for Construction Management and General Contractor services for the Police Headquarters project. Tonight's award will authorize Pre-Construction Services only in the amount of $55,076.00. Staff: Public Works Director Dave Henderson iv. Investment Management Services Contract Amendment for the Englewood Police Headquarters Building Bond Proceeds Investment Management Services Contract Amendment for the Englewood Police Headquarters Building Bond Proceeds - Pdf Staff recommends that City Council approve, by Motion, an amendment to the City's current Investment Manager contract with Insight Investment (previously Cutwater) to include services for managing the Englewood Police Headquarters Building bond proceeds. Staff: Finance and Administrative Services Page 4 of 385 Englewood City Council Regular Agenda June 19, 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. Manager Kathleen Rinkel v. Resolution for 2017 Budget Supplemental Appropriation for Security Resolutions for 2017 Budget Supplemental Appropriation for Security - Pdf Staff recommends City Council approve, by Resolution, a supplemental appropriation to the 2017 Budget for City Security needs. Staff: Finance and Administrative Services Director Kathleen Rinkel vi. Civic Center Security Upgrade Proposal Civic Center Security (Access Control) Upgrade Proposal - Pdf Staff recommends Council approve, by Motion, the approval of two contracts noted below in support of the proposed security access control upgrades, previously shared with Council in Executive Session, March 20, 2017. • Security Central - $134,522.37 ($1,482 monthly service fee) • Schindler Elevator Corp. $4,356.00 Staff: Facility Services and Maintenance Manager Dan Long 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 5 of 385 MINUTES City Council Regular Meeting Monday, June 5, 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 7:00 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 Director Power, Community Development Facilities and Operations Manager Long, Public Works Senior Planner Stitt, Community Development Page 1 of 8 Draft Page 6 of 385 City Council Regular June 5, 2017 Executive Assistant Fenton, Community Development Deputy Chief Watson, Police Department Technical Support Specialist II Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of May 15, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 15, 2017. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell MOTION TO AMEND THE MINUTES, AGENDA ITEM 11cii VOTE RESULTS TO SHOW APPROVED 5 - 2 (NAYS COUNCIL MEMBER RITA RUSSELL AND LAURETT BARRENTINE) For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine (Moved By) x Rita Russell (Seconded By) x Rick Gillit x Steve Yates x 7 0 0 Motion CARRIED. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 15, 2017 AS AMENDED. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Page 2 of 8 Draft Page 7 of 385 City Council Regular June 5, 2017 Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Ida May Nicholl, Englewood resident, addressed Council regarding Englewood History. b) Coween Dickerson, an Englewood resident, addressed Council regarding charter/use tax and communications. c) Jim Jordan, an Englewood resident, addressed Council regarding a call for a special election regarding the Englewood Depot. d) Doug Cohn, an Englewood resident, thanked Council for the Citizen of the Year party. 7 Recognition of Unscheduled Public Comment a) Theresa Grill with the Alzheimer's Association addressed Council regarding the services they provide. Council Responded to Public Comment. 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 Steve Yates to approve Consent Agenda Items 9 (b) (i) and 9 (c) (i). Council Member Rita Russell removed Agenda Items 9 (b) (i) and 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. i) Grant of City Ditch Easement at 3650 South Broadway Page 3 of 8 Draft Page 8 of 385 City Council Regular June 5, 2017 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. 32 (COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE FOR A GRANT OF AN EASEMENT AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO’S 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. c) Resolutions and Motions i) Professional Services Agreement for Economic Development Materials with Slate Communications. Moved by Council Member Linda Olson Seconded by Council Member Rick Gillit [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH SLATE COMMUNICATIONS FOR THE PROVISION OF MATERIALS TO SUPPORT THE ONGOING IMPLEMENTATION OF THE CITY OF ENGLEWOOD'S ECONOMIC DEVELOPMENT PROGRAM. For Against Abstained Page 4 of 8 Draft Page 9 of 385 City Council Regular June 5, 2017 Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Rick Gillit (Seconded By) x Steve Yates x 5 2 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Iron Works Village Metropolitan District IGA Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER GILLIT. A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND IRON WORKS VILLAGE METROPOLITAN DISTRICT. 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. Page 5 of 8 Draft Page 10 of 385 City Council Regular June 5, 2017 b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See Agenda Item 9 (b) (i).) 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 regarding Security Implementation - a conference with City Staff for the purpose of discussing specialized details of security arrangements or investigations pursuant to C.R.S. Section 24-6- 402(4)(d). Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO MOVE INTO EXECUTIVE SESSION WITH ALL CITY COUNCIL MEMBERS, CITY ATTORNEY MCKENNEY BROWN, CITY MANAGER KECK, ASSISTANT CITY MANAGER ROBINSON, DEPUTY POLICE CHIEF WATSON, FINANCE AND ADMINISTRATIVE SERVICES DIRECTOR RINKEL, AND FACILITIES AND OPERATIONS MANAGER LONG TO DISCUSS SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS OR INVESTIGATIONS PURSUANT TO C.R.S. SECTION 24-6-402(4)(d). 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 8:06 p.m. to go into Executive Session. The meeting reconvened at 9:00 p.m. with all Council Members present. Page 6 of 8 Draft Page 11 of 385 City Council Regular June 5, 2017 Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates 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 i) School District Use Tax discussion. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine MOTION THAT WE DO NOT CHARGE THE SCHOOL BOARD USE TAX AND HONOR THEIR TAX EXEMPT STATUS. Moved by Council Member Steve Yates Seconded by Council Member Rick Gillit MOTION TO TABLE THE MOTION AND DISCUSS AT AN UPCOMING STUDY SESSION. 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 4 3 0 Page 7 of 8 Draft Page 12 of 385 City Council Regular June 5, 2017 Motion CARRIED. THE MOTION HAS BEEN TABLED. 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:03 p.m. Acting City Clerk Page 8 of 8 Draft Page 13 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Mechanical Code DESCRIPTION: Amendments to the Mechanical Code RECOMMENDATION: Staff recommends that City Council approve a Bill for an Ordinance amending Title 8, Chapter 2, Article B of the Englewood Municipal Code 2000 pertaining to the Mechanical Code. PREVIOUS COUNCIL ACTION: The adoption of the International Mechanical Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Mechanical Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be the purchase of revised code books. The estimated amount is approximately $500 and has been funded in the 2017 Community Development Department budget. Page 14 of 385 ATTACHMENTS: A Bill for an Ordinance Page 15 of 385 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 34 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL MECHANICAL CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Mechanical Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been forwarded to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Mechanical Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 16 of 385 2 Section 1. Adoption of the International Mechanical Code, 2015 Edition, as the Mechanical Building Code, with certain additions and deletions. Title 8, Chapter 2, Article B shall be amended as follows: 8-2B-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Mechanical Code, 2015 Edition, as the Mechanical Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article B, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article B. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2B-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Mechanical Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Insert the following) These regulations shall be known as the Mechanical Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 106.5.2 Permit Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 106.5.3 Fee Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 107.3.3 Reinspections. (Delete in its entirety and substitute the following) Refer to Section 110.7 of the amended Building Code of the City of Englewood for requirements of this Section. 5. 108.4 Violation Penalties. (Delete in its entirety and substitute the following) Refer to Englewood Municipal Code 8-1-10 for requirements of this Section. Page 17 of 385 3 6. 108.5 Stop Work Orders. (Amend the last sentence) Upon notice from the code official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine as prescribed in 108.4 as amended. 7. 109 Means of Appeal. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this Section. B. CHAPTER 3. INSTALLATION 1. 304.11 Guards. (Delete in its entirety and substitute the following) Guards shall be provided where appliances, equipment, fans or other components that require service and roof hatch openings are located within 10 feet (3048 mm) of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of such appliances, equipment, fans, components and roof hatch openings and the top of the guard shall be located not less than 42 inches (1067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21-inch diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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, Page 18 of 385 4 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 19 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Fuel Gas Code DESCRIPTION: Amendments to the Fuel Gas Code RECOMMENDATION: Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article H of the Englewood Municipal Code 2000 pertaining to the Fuel Gas Code. PREVIOUS COUNCIL ACTION: The adoption of the International Fuel Gas Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Fuel Gas Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 20 of 385 ATTACHMENTS: Bill for an Ordinance Page 21 of 385 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 35 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE H, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FUEL GAS CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld)”; WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Fuel Gas Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Fuel Gas Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. Page 22 of 385 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Adoption of the International Fuel Gas Code, 2015 Edition, as the Fuel Gas Code, with certain additions and deletions. Title 8, Chapter 2, Article H shall be amended as follows: 8-2H-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Fuel Gas Code, 2015 Edition, as the Fuel Gas Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article H, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article H. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2H-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Fuel Gas Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title (Insert the following) These regulations shall be known as the Fuel Gas Code (IFGC) of the City of Englewood, hereinafter referred to as “this Code”. 2. 106.6.2 Fee schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 106.6.3 Fee refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 107.3.3 Reinspections. (Delete in its entirety and substitute the following) Refer to Section 110.7 of the amended Building Code of the City of Englewood for requirements of this Section. 5. 108.4 Violation penalties. (Delete in its entirety and substitute the following) Refer to Section 8-1-10 of the Englewood Municipal Code for the requirements of this Section. Page 23 of 385 3 6. 108.5 Stop Work Orders. (Change the last sentence) Upon notice from the code official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than [AMOUNT] dollars penalties as prescribed in 108.4 as amended. 7. 109 MEANS OF APPEAL. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code of the City of Englewood for the requirements of this Section. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 24 of 385 4 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 25 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Plumbing Code DESCRIPTION: Amendments to the Plumbing Code RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article C, of the Englewood Municipal Code 2000, pertaining to the Plumbing Code. PREVIOUS COUNCIL ACTION: The adoption of the International Plumbing Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Plumbing Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 26 of 385 ATTACHMENTS: Bill for an Ordinance Page 27 of 385 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 36 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE C, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL PLUMBING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Plumbing Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Plumbing Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 28 of 385 2 Section 1. Adoption of the International Plumbing Code, 2015 Edition, as the Plumbing Code, with certain additions and deletions. Title 8, Chapter 2, Article C shall be amended as follows: 8-2C-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Plumbing Code, 2015 Edition, as the Plumbing Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article C, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article C. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2C-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Plumbing Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Insert the following) These regulations shall be known as the International Plumbing Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 106.6.2 Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 106.6.3 Fee Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 107.4.3 Reinspection and Testing. (Delete in its entirety and substitute the following) Refer to Section 110.7 of the amended Building Code of the City of Englewood for requirements of this Section. 5. 108.4 Violation Penalties. (Delete in its entirety and substitute the following) Refer to Englewood Municipal Code 8-1-10 for requirements of this Section. 6. 108.5 Stop Work Orders. (Change the last sentence) Upon notice from the code official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any Page 29 of 385 3 work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than [MOUNT] dollars or more than [AMOUNT] dollars penalties as prescribed in 108.4 as amended. 7. 109 Means of Appeal. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this Section. B. CHAPTER 3. GENERAL REGULATIONS. 1. 305.4.1 Sewer Depth. (Insert the following) Building sewers that connect to private sewage disposal systems shall be a minimum of twelve inches (12”) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of twelve inches (12”) below grade. C. CHAPTER 9. VENTS. 1. 903.1 Roof Extension. (Insert the following) Open vent pipes that extend through a roof shall be terminated at least six inches (6”) above the roof, except where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet (7’) above the roof. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 30 of 385 4 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 31 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Residential Code DESCRIPTION: Amendments to the Residential Code RECOMMENDATION: Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article G, of the Englewood Municipal Code 2000 pertaining to the Residential Code. PREVIOUS COUNCIL ACTION: The adoption of the International Residential Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Residential Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 32 of 385 ATTACHMENTS: A Bill for an Ordinance Page 33 of 385 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 37 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE G, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL RESIDENTIAL CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Residential Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Residential Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 34 of 385 2 Section 1. Adoption of the International Residential Code, 2015 Edition, as the Residential Building Code, with certain additions and deletions. Title 8, Chapter 2, Article G shall be amended as follows: 8-2G-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Residential Code, 2015 Edition, as the Residential Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article G, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article G. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2G-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Residential Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. R101.1 Title. (Insert the following) These regulations shall be known as the Residential Code of the City of Englewood, and shall be cited as such and will be referred to as “this Code”. 2. R105.2 Work Exempt from Permit. Building: (Delete in its entirety and substitute the following) 2. Refer to Section 16-2-9 of the Englewood Municipal Code for fence requirements. 3. Refer to Section 16-2-9 of the Englewood Municipal Code for retaining wall requirements. 10. Refer to Section 16-2-9 of the Englewood Municipal Code for deck requirements, 3. R108.2 Schedule of Permit Fees. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 4. R108.3 Building Permit Valuations. (Delete in its entirety and substitute the following) Refer to Section 109.3 of the amended Building Code of the City of Englewood for additional requirements of this Section. 5. R108.5 Fee Refunds. (Delete in its entirety and substitute the following) Section 109.6 of the amended Building Code of the City of Englewood shall replace the requirements of this Section. Page 35 of 385 3 6. R110.4.1 Temporary Occupancy Fee. (Add the following new section) Refer to Section 111.3.1 of the amended Building Code of the City of Englewood for requirements of this Section. 7. R112 Board of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for requirements of this Section. 8. R113.1 Unlawful Acts. (Delete in its entirety and substitute the following) Refer to Section 8-1-8 of the Englewood Municipal Code for requirements of this Section. 9. R113.4 Violation penalties. (Delete in its entirety and substitute the following) Refer to Sections 8-1-9 and 8-1-10 of the Englewood Municipal Code for requirements of this Section. B. CHAPTER 3 – BUILDING AND PLANNING. 1. Table R301.2(1) (Insert the following) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Snow Load – 30 PSF Wind Speed – 105 MPH Topographic Effects – Yes Special Wind Region – No Wind-borne Debris Zone – No Seismic Design Category – B Weathering – Severe Frost Line Depth – 36” Termite – Slight Winter Design Temp – 1 Degree F Ice Barrier Underlayment Required – Yes Flood Hazards – FIRM Air Freezing Index – 1500 Mean Annual Temp - 45 2. R313.1 Townhouse automatic fire sprinkler systems. (Amend the following sentence) An automatic residential fire sprinkler system shall may be installed in townhouses. Page 36 of 385 4 3. R313.2 One – and two family dwellings automatic fire systems. (Amend the following sentence) An automatic residential fire sprinkler system shall may be installed in one – and two family dwellings. C. CHAPTER 10– CHIMNEYS AND FIREPLACES 1. R1001.1.1 Fireplace Restrictions. (Add the following new section) Fireplaces shall comply with Sections 6-1-11 and 6-1-12 of the Englewood Municipal Code. 2. R1004.1.1 Fireplace Restrictions. (Add the following new section) Fireplaces shall comply with Sections 6-1-11 and 6-1-12 of the Englewood Municipal Code. D. CHAPTER 26 – GENERAL PLUMBING REQUIREMENTS 1. P2603.5.1 Sewer Depth. (Insert the following) Building sewers that connect to private sewage disposal systems shall be a minimum of twelve inches (12”) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of twelve inches (12”) below grade. E. APPENDICES. 1. Appendix H Patio Covers. 2. Appendix M Home Day Care R-3 Occupancy. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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. Page 37 of 385 5 Section 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 38 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Building Code DESCRIPTION: Amendments to the Building Code RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article A, of the Englewood Municipal Code 2000 pertaining to the Building Code. PREVIOUS COUNCIL ACTION: The adoption of the International Building Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Building Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 39 of 385 ATTACHMENTS: Bill for an Ordinance Page 40 of 385 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 38 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Building Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Building Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. Page 41 of 385 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adoption of the International Building Code, 2015 Edition, as the Building Code, with certain additions and deletions. Title 8, Chapter 2, Article A shall be amended as follows: 8-2A-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Building Code, 2015 Edition, as the Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article A, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article A. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2A-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Building Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Add the following) These regulations shall be known as the Building Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 105.2 Work Exempt from Permit. Building: (Delete sections 2 and 4 and substitute the following section 2 and 4) 2. Refer to Section 16-2-9 of the Englewood Municipal Code for Zoning Site Plan Review requirements. 4. Refer to Section 16-2-9 for Zoning Site Plan Review requirement. 3. 109.2 Schedule of Permit Fees. (Add the following) These fees shall be determined by the City Council and set by resolution. 4. 109.3 Building Permit Valuations. (Add the following sentence) The Chief Building Official may also utilize Building Valuation Data published in the ICC Building Safety Journal as a guideline to establish valuation. 5. 109.6 Fee Refunds. (Delete in its entirety and substitute the following) The Chief Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. Page 42 of 385 3 The Chief Building official may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. The Chief Building Official may authorize not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Chief Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment. 6. 110.7 Reinspections. (Add the following new section) A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete; the corrections called for are not made; the inspection record card is not posted or otherwise available on the work site; the approved plans are not readily available to the inspector; no access is provided to the site or for deviating from plans requiring approval of the chief building official. To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for that purposed and pay the reinspection fee in accordance with Table 1. In instances where reinspection fees have been assessed, no additional inspections of the work will be performed until the reinspection fees have been paid. 7. 111.3.1 Temporary Occupancy Fee. (Add the following new section) The fee for a Temporary Certificate of Occupancy is as set forth in Section 109.2 of this Chapter. 8. 113 Board of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this section. 9. 1608.2 Ground Snow Loads. (Add the following sentence to the end of this section) Ground snow load as determined by Case Study shall be 30 lb/sq ft. 10. 1612.3 Establishment of Flood Hazard Areas. (Insert the following) To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for City of Englewood, dated November 1, 2010, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this Section. 11. 2111.1.1 Fireplace Restrictions. (Add the following new section) Page 43 of 385 4 Fireplaces shall comply with Sections 16-1-11 and 16-1-12 of the Englewood Municipal Code. B. CHAPTER 35 – REFERENCED STANDARDS. (Delete 2008 and substitute 2011) 1. A18.1 2008 2011 Safety Standard for Platform Lifts and Stairway Chairlifts. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 44 of 385 5 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 45 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Existing Building Code DESCRIPTION: Amendments to the Existing Building Code RECOMMENDATION: Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article J of the Englewood Municipal Code 2000 pertaining to the Existing Building Code. PREVIOUS COUNCIL ACTION: The adoption of the International Existing Building Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Existing Building Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 46 of 385 ATTACHMENTS: A Bill for an Ordinance Page 47 of 385 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 39 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE J, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL EXISTING BUILDING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Existing Building Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Existing Building Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. Page 48 of 385 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adoption of the International Existing Building Code, 2015 Edition, as the Existing Building Code, with certain additions and deletions. Title 8, Chapter 2, Article J shall be amended as follows: 8-2J-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Existing Building Code, 2015 Edition, as the Existing Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article J, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article J. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2J-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Existing Building Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Insert the following) These regulations shall be known as the Existing Building Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 108.2 Schedule of Permit Fees. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 108.6 Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 113.4 Violation Penalties. (Delete in its entirety and substitute the following) Refer to Section 8-1-10 of the Englewood Municipal Code for the requirements of this Section. 5. 109 Board of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this Section. Section 2. 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 Page 49 of 385 3 invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 50 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: June 19, 2017 SUBJECT: Amendments to the Energy Conservation Code DESCRIPTION: Amendments to the Energy Conservation Code RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article I, of the Englewood Municipal Code, pertaining to the Energy Conservation Code. PREVIOUS COUNCIL ACTION: The adoption of the International Energy Conservation Code was reviewed by City Council at the June 5, 2017 study session. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Energy Conservation Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 51 of 385 ATTACHMENTS: Bill for an Ordinance Page 52 of 385 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 40 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE I, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Energy Conservation Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Energy Conservation Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. Page 53 of 385 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adoption of the International Energy Conservation Code, 2015 Edition, as the Energy Conservation Code, with certain additions and deletions. Title 8, Chapter 2, Article I shall be amended as follows: 8-2I-1: CODE ADOPTED: There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Energy Conservation Code, 2015 Edition, as the Energy Conservation Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article I, of the Englewood Municipal Code, and such amendments, exceptions, modifications, and appendices as set forth within this Article I. One copy of said code, and such amendments, exceptions, modifications, and appendices are available for inspection at the office of the City Clerk. 8-2I-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Energy Conservation Code 2015, hereinabove adopted: COMMERCIAL PROVISIONS A. CHAPTER 1. ADMINISTRATION. 1. C101.1 Title. (Insert the following) These regulations shall be known as the International Energy Conservation Code of the City of Englewood and shall be cited as such. It is referred to herein as “this code.” 2. C107.2 Permit Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. C107.5 Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. C109 Means of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this Section. Page 54 of 385 3 RESIDENTIAL PROVISIONS B. CHAPTER 1. ADMINISTRATION 1. R101.1 Title. (Insert the following) These regulations shall be known as the International Energy Conservation Code of the City of Englewood and shall be cited as such. It is referred to herein as “this code.” 2. R107.2 Permit Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. R107.5 Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. R109 Means of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this Section. Section 2. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. 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 Codes, 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. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 55 of 385 4 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. ___________________________ Stephanie Carlile Page 56 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: June 19, 2017 SUBJECT: Arapahoe County Consolidated C.A.D. IGA DESCRIPTION: Arapahoe County Consolidated C.A.D. IGA RECOMMENDATION: The Police Department is recommending that the City enter into this Intergovernmental Agreement by and among: Arapahoe County, the Arapahoe County E-911 Communications Service Authority, the City of Cherry Hills Village, the City of Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, and the City of Sheridan. This IGA pertains to the selection, design, purchase, and use of a single, consolidated Computer Aided Dispatch (C.A.D.) system to be utilized by all of the above entities, and to be hosted and operated by Arapahoe County. PREVIOUS COUNCIL ACTION: There has been no previous council action regarding this issue. SUMMARY: Arapahoe County, Englewood, Glendale, Greenwood Village, and Littleton each operate a public safety answering point (P.S.A.P.). Each of these P.S.A.P.'s provide 9-1-1 call taking and law enforcement dispatching services. The Arapahoe County P.S.A.P. also provides services to Cherry Hills Village and Sheridan. The P.S.A.P.'s provide dispatching services utilizing Computer Aided Dispatching (C.A.D.). In order to save costs and increase interoperability among the Parties' law enforcement agencies, several of the Parties desire to select, design, purchase, and use a single consolidated C.A.D. (including all hardware and software associated therewith), the C.A.D. to be hosted and operated by Arapahoe County. The Arapahoe County E-911 Communications Service Authority is authorized to collect the emergency telephone charge and to spend the same on qualifying expenditures, all pursuant to Colorado Revised Statutes. The E-911 Authority provides financial assistance to all of the P.S.A.P.'s within Arapahoe County. The E-911 Authority will pay for a large portion of the Consolidated C.A.D. pursuant to the IGA. ANALYSIS: Page 57 of 385 This Consolidated C.A.D. project has been in process for about the last 12 months. The team has chosen a vendor and Arapahoe County will implement the C.A.D. system in the fourth quarter of 2017. The other P.S.A.P.'s would implement in the first quarter of 2018. The Consolidated Law Enforcement C.A.D. will be managed by a board consisting of board members from each Law Enforcement Agency (L.E.A.) involved and would have oversight of Consolidated C.A.D., providing direction for the operation, administration, and maintenance of the C.A.D. The C.A.D. that has been selected for this project is manufactured by "Tritech Software Systems." Tritech is one of the largest providers of public safety software and programming in the country. Their C.A.D. product is currently being used throughout the State of Colorado, to include the City of Denver, Loveland, AdComm 911 (Adams County regional dispatch), and other agencies. This C.A.D. system is state of the art and will increase efficiencies for the Police Department, such as response times, crime analysis, officer safety, and citizen satisfaction regarding calls for service and accountability. FINANCIAL IMPLICATIONS: The E-911 authority is purchasing the entire system, to include interfaces between the C.A.D. system and our existing Records Management System. The Police Department is responsible for the purchase all of the required hardware, software, licensing and network connectivity specific to our node that is necessary for E.P.D. to interface with, access to, or utilize the Consolidated C.A.D. system. The Police Department will utilize all mobile hardware currently in place, has the software compatibility and network connectivity and is working with Information Technology closely on this project. The mobile licensing, for the Consolidated C.A.D. system will cost approximately $28,954.00. These funds will be paid by the E-911 Authority on behalf of the Englewood Police Department and that amount will be deducted from the "Agency Operating Fund", (A.O.F.) that E-911 provides to all P.S.A.P.'s in their jurisdiction. The A.O.F. fund can pay for dispatch related expenditures such as portable radios, communications center equipment and related expenses. Englewood's distribution from the E-911 A.O.F. is $99,968 per year and our 2017 balance is $151,078. The yearly maintenance fees for the Tritech "mobile licenses" are approximately $5,000 per year compared to almost $13,000 per year for the "Mobilecop" program we currently utilize. ALTERNATIVES: The Consolidated C.A.D. system is coming at a very opportune time for the Police Department. The "Mobile Cop" application and our current C.A.D. system is supported by "LogiSYS", who is also our R.M.S. provider. LogiSYS business future is uncertain at this point in time. CONCLUSION: It is recommended that Council approve this I.G.A. with all of the other listed government entities within Arapahoe County. This Consolidated C.A.D. system is not only a benefit for the City of Englewood, but for all of the law enforcement agencies in Arapahoe County. ATTACHMENTS: A Bill for an Ordinance Exhibit A - Intergovernmental Agreement Page 58 of 385 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 43 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER ________________ BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY, THE ARAPAHOE COUNTY E-911 COMMUNICATIONS SERVICES AUTHORITY, THE CITY OF CHERRY HILLS VILLAGE, THE CITY OF ENGLEWOOD, THE CITY OF GLENDALE, THE CITY OF GREENWOOD VILLAGE, THE CITY OF LITTLETON, AND THE CITY OF SHERIDAN FOR THE ARAPAHOE COUNTY CONSOLIDATED LAW ENFORCEMENT COMPUTER AIDED DISPATCH (CAD) WHEREAS, Arapahoe County, Englewood, Glendale, Greenwood Village and Littleton each operate a public safety answering point (“P.S.A.P.”) which provide call taking and dispatching services; and WHEREAS, Arapahoe County provides P.S.A.P. services for the Cities of Cherry Hills Village and Sheridan; and WHEREAS, P.S.A.P’s. provide dispatching services utilizing Computer Aided Dispatching (CAD), and in order to save costs and increased interoperability among the Parties’ law enforcement agencies, the Parties desire to select, design, purchase, and use a single consolidated CAD to be hosted by Arapahoe County; and WHEREAS, the City Council of the City of Englewood approved an Intergovernmental Agreement to use the Arapahoe County Trunked Radio System (DTRS) by the passage of Ordinance No. 27, Series of 2005; and WHEREAS, over the past twelve (12) months the project upgrade has been in process and the Parties have chosen Tritech Software Systems to provide the software and programming for the new system; and WHEREAS, Tritech Software CAD Systems are currently being used throughout the State of Colorado, including the City and County of Denver, Loveland, Adams County and other agencies; and WHEREAS, the new system will provide a state of the art CAD system, and will increase efficiencies of the Police Department in the areas of response times, crime analysis, officer safety, and citizen satisfaction regarding calls for service and accountability; and WHEREAS, Arapahoe County will implement the CAD system in the fourth quarter of 2017 with the other parties following suit in the first quarter of 2018; and Page 59 of 385 2 WHEREAS, this Intergovernmental Agreement is necessary, proper and convenient for the continued preservation of the public peace, health and safety and for providing a more cost effective and efficient use of governmental resources; and WHEREAS, the City of Englewood’s cost will be $28,954.00 which will be paid by the E- 911 Authority, and reimbursed by the Police Department Agency Operating Fund, with a realized saving of almost $8,000.00 per year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes entering the “Intergovernmental Agreement with Arapahoe County, the Arapahoe County E- 911 Communications Services Authority, the City of Cherry Hills Village, the City of Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, the City of Sheridan for the Arapahoe County Consolidated Law Enforcement Computer Aided Dispatch (CAD) attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 60 of 385 Page 61 of 385 Page 62 of 385 Page 63 of 385 Page 64 of 385 Page 65 of 385 Page 66 of 385 Page 67 of 385 Page 68 of 385 Page 69 of 385 Page 70 of 385 Page 71 of 385 Page 72 of 385 Page 73 of 385 Page 74 of 385 Page 75 of 385 Page 76 of 385 Page 77 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Harold Stitt DEPARTMENT: Community Development DATE: June 19, 2017 SUBJECT: Iron Works Village Metropolitan District IGA DESCRIPTION: Iron Works Village Metropolitan District IGA RECOMMENDATION: Staff recommends that Council approve the Intergovernmental Agreement between the Iron Works Village Metropolitan District and the City of Englewood. PREVIOUS COUNCIL ACTION: City Council discussed this issue with staff, representatives from BLVD Builders, and attorney for BLVD Builders, White, Bear and Ankele at the September 26, 2016 Study Session. City Council passed Resolution No. 103, Series of 2016, granting conditional approval of the Iron Works Village Metropolitan District Service Plan. Council approved a Bill for an Ordinance at its June 5, 2017 meeting. ANALYSIS: City Council has encouraged the development of the General Iron Works site. A component of the development is financing and constructing capital improvements on the property. The Metropolitan District is formed to provide planning, design, financing, acquisition, construction, installation, relocation and the redevelopment of public improvements. These improvements will be financed by debt issued by the District. This debt is not a debt of the City of Englewood and is repaid solely from revenues available to the District, including ad valorem property taxes. The proposed Metropolitan District is an independent unit of local government separate and distinct from the City of Englewood. City Council must approve, conditionally approve or deny the Iron Works Village Service Plan by Resolution. City Council, on October 3, 2016, passed Resolution No. 103, Series of 2016 granting conditional approval to the District's Service Plan finding that the Plan fulfilled all requirements as set forth in C.R.S.32-1-202(2) and further stipulating the following three conditions: 1. The District and the City shall have entered into an intergovernmental agreement acceptable to all parties. 2. A market study supporting the financial plan has been provided to the City Manager. Page 78 of 385 3. In the event that the City and the Districts have not satisfied the requirements prior to October 3, 2017, then this Service Plan and any conditional approval granted by the City Council shall be null and void, and of no further force or effect. Condition 1- Is being met through the consideration and approval of the attached Intergovernmental Agreement between the Iron Works Village Metropolitan District and the City of Englewood. Condition 2- The Market Study has been provided to the City Manager. Condition 3- No action necessary at this time. FINANCIAL IMPLICATIONS: There are no direct financial implications associated with the adoption of this intergovernmental agreement. ATTACHMENTS: Ordinance Exhibit A: City - Iron Works Village Metropolitan District Intergovernmental Agreement Page 79 of 385 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 32 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND IRON WORKS VILLAGE METROPOLITAN DISTRICT WHEREAS, the City Council of the City of Englewood (“City”) conditionally approved the Consolidated Service Plan for Iron Works Village Metropolitan District (“District”) by the passage of Resolution No. 103, Series of 2016; WHEREAS, the District was organized to provide those services and to exercise powers as are more specifically set forth in the Districts’ Service Plan conditionally approved by Resolution No. 103, Series of 2016; WHEREAS, the Englewood City Council passed Resolution No. 103, Series of 2016, conditioned upon the District providing a market study supporting the financial plan of the District to the City Manager, and the District and the City entering into an intergovernmental agreement acceptable to all parties; WHEREAS, a condition of approval for Resolution No. 103, Series of 2016, has been met in that the Englewood City Manager has received and approved a summary of the market study supporting the financial plan; and WHEREAS, the City of Englewood and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement entitled “Intergovernmental Agreement between the City of Englewood and Iron Works Village Metropolitan District is hereby accepted and approved by the Englewood City Council and is attached hereto as “Exhibit A”. Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest “Intergovernmental Agreement between the City of Englewood and Iron Works Village Metropolitan District for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 5th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of June, 2017. Page 80 of 385 Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 19th day of June, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 22nd day of June, 2017. Published by title on the City’s official website beginning on the 21st day of June, 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 81 of 385 Page 82 of 385 Page 83 of 385 Page 84 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Larry Nimmo DEPARTMENT: Public Works DATE: June 19, 2017 SUBJECT: Award Contract for 2017 Chip Seal Program DESCRIPTION: Award Contract for 2017 Chip Seal Program RECOMMENDATION: Staff recommends Council award, by motion, a contract to Foothills Paving and Maintenance, Inc., in the amount of $321,933.10 to complete the 2017 Chip Seal Program. PREVIOUS COUNCIL ACTION: Last year Council approved the 2016 Chip Seal project based on the Cherry Hills Village (CHV)/City of Englewood joint Cape Seal project on Clarkson from Belleview to 285. With Council approval, we would again like to piggy-back off the 2017 Cherry Hills Village contract for the 2017 Chip Seal Project. SUMMARY: Recommendations provided to staff by our pavement consultant indicate these treatments should extend the Remaining Service Life (RSL) between 5 to 7 years. The three products proposed are a Single 3/8” Chip Seal, a Cape Seal (3/8 Chip with a ¼” Slurry seal) and a ¼” Slurry Seal. Determination of which product will be installed is based on the condition of that section of roadway, and type of roadway (residential, minor collector, or arterial). ANALYSIS: The Pavement Management report for the City of Englewood street system, completed by iWorQ in 2016, “reveals that 66% of the streets fall between 6 and 10 years of remaining service life” (RSL), out of a 20 year life expectancy. To address this low RSL, the report’s recommendations emphasize the importance of increasing the use of alternate seal treatments (i.e. chip and slurry) as rehabilitation techniques to address the low RSL, especially useful on residential streets. The primary advantage of these seal treatments revolves around an increase in the number of streets (or blocks) completed annually. Historically, from the years 1991 through 2008, Micro-Surfacing was used as this surface treatment, completing an average of 81 blocks per year. From 2009 to 2015 the City suspended the use of seal treatments, employing only the use of roto-mill and overlays. Based on the report’s recommendations, conversations with other municipalities, and industry standards, our pavement management strategy now involves incorporating seal treatments with a goal of completing 10% of the roadway system each year, per the iWorQ report. Page 85 of 385 As this is the second year of the product evaluation phase, staff again employed the strategy of piggybacking off the existing Cherry Hills Village contract for work. The typical configuration of the CHV road system, long blocks with single access points ending in a cul-de-sac, prohibit the use of anything but one of these seal treatments. The chip seal project is a stable of their road maintenance strategy, as they have had years to develop and perfect their specifications on these treatments, which is staff’s rationale behind the piggyback decision. Foothills Paving and Maintenance, the low bidder for this year project in CHV, has agreed to extend the awarded CHV Project No. 2017-002 unit prices and specifications to the City of Englewood. The contractor agreed to lower their unit prices based on quantities for the proposed list of streets as well as working conditions in Englewood; our project was larger than CHV, and the grid configuration of our streets results in lower traffic control costs. FINANCIAL IMPLICATIONS: Estimated Construction Cost for the 2017 Cape Seal Project: Total Project Cost $ 321,933.10 Funding is available in the Road and Bridge account. ($300,000 scheduled from Slurry Treatments and $21,933.10 from Roto-Mill and Overlay). 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B3v?ouomma0:_EOmvm\m_S2mqmm?m E3.03alo._._.mm£:m_.:_.m:m=_5:3...ma.<m_d.n. romm:_um23o:.EG__&1Qwnmum8%.mmmmowm? _n_o<qm3mq<<m<romm:Nnmum$8mmmmmmmmm >:EmB.H3.2.<m__m_.oNnmnmmi#0N?mumm n_..m:m:mo_._:3:<<.UmmaEa~.mnmcmG3E$S.-~ nzmzmsmo_.omm:_um::m<_<m:_momnmumMommmSm» v1:om.8:n_m1$o:_.omm:Nnmum55.3mmmo?m Q331:3:nsmqoxmmEmnmum53BS?rmmm nmum._.oS_m?mwi _<_o:3o:E_2_:mmmgm3_Nw_:m_m0:638S??wmmm 995wm__m<<ooa_wm__m<_m<<HmEm_m0:6mmmS$S.-~ maa_um::m<_<m=_m<<mmEEm.8:HmEm_m96So8N~oP?E Q32.S>....m:_:m.8:n_m1Go:om.mEm_m0:5N:Smmimmm Boom:m_m<<ooa_um:2<m<.m:m_m<<ooa_oo_o.maomo:o-Bd 808awm?m<<s2<.m:m_m<<ooq©o<.o6 n._.;n:J_-L32HJEQ.m.nmLC,.:m.m.Zm...x.m m. mGm.mmm.mm Page 94 of 385 SSm?mioag_.m<.8:wm_:m_m0:6HmmowH30$? wmssonxrm<Ho:0:m:m:moHm_:m_m0:6mHHwHBoémmm _um::m<_<m:_m_.m<Ho:08::Nm_:m_m0:6HHmoSn~.o.H.HHH <<mm:_:mHo:rm<.8:03::Nm_:m_m0:6HH3wH33.2% m:m::m:_<_m:m:mE0103.Nm_:m_m0:65%$mmd mm_m_ommommm?zms_u_o<qHm.:m_m0:6ma3Nomwmmm m:m2:m:0.32._._m:.6am:Hw_:m_m0:6admmN833 I:3:oEH:33mmm.S..m:Hm_:m_m0:6Smwm~50 >3:m_dHOmgmzUo<<:_:mHm_:m_m0:6Smawwooo?s vm::m<_<m:_m<m_m>3:m7mHHm_:m_m0:6mHommN333 $2.<m_m>3:m_.mHHm_:m_m0:6SmNaHmowmmm <m_m_u_._umm1<<mm:_:wHo:omw.:m_m0:6miwHSgmmm m§m_m0:6 4oS_§5o.- <<::m_Am«U7_:nm0:m:m:moN2:3.38.SPn.8..u.$ _<_m:_oommacmm_.m<.8:Nm_:2<$3Mm?momww _u1:nmHo:E.Ewe:_.6m:H.mm_:2<mH~w~~mmNHHH 010::E.58:338.8:_u_.H252V8wHN?wdm 13:.c:_<mG_H<wmnmPmm_::<HwwmmmS$..u.w.u. m__._:.<.wo3_Bo?um 03::._.o:._m$.u.m.§ Emis _uo::_m0:6mm.Ho m_:m_m0:6mNam m_:3_ Socm:m_m<<ooa_um:2<m<_m:o_m<<ooa_Oo_o$aomoiommd 808Vmmm?m<<s2<.m:@_m<<ooamo<.o6 ,._mn\ZL:M21613:._.w..m.m~HSQW:uQ$r..n _z<<_._.zmmw<<_._m_»mo_u_vc?mcmaman5moooamsom5::Emmm2_omm>m$m3m333$: .n:mumamm:m8.8Qm?a98_moi.Emumamm:m<mmxmo?maH:_mm.B63m:Ho?<<O_._Amm2 H:_mm329..E:m.MEN mSo.3o.$ m?.o§.oo mw~H.mw.u..Ho Page 95 of 385 O_._.<onmzo_.m<<ooo.oo_.om>_uo _w<” aasmeav A22zmas ._.:_m” Um?mn _uoo.3___m_um<_:mag.<_m_:..m:m:om_:o. 09%62m _w<” 553.23 ‘| $.1222:3 jam”_u8._mo.h_<_m:mmm< Um»?Qm:N Boom:m_m<<ooq_um:2<m<_m:m_m<<ooa_Oo_oSqom33-mmN.. 608amm?m<<<<<<.m:o_m<<ooaoo<.o6 ~.,+r.\57:EL;QC?733:3T./Qnhr Ho Page 96 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: June 19, 2017 SUBJECT: ResourceX (Priority Based Budgeting) Contract for Approval DESCRIPTION: ResourceX (Priority Based Budgeting) Contract for Approval RECOMMENDATION: Staff recommends that City Council approve by motion a services agreement with ResourceX for the online Priority Based Budgeting tool and service. PREVIOUS COUNCIL ACTION: City Council approved the implementation of Priority Based Budgeting for the City of Englewood in 2015. The original Contract with the Center for Priority Based Budgeted was approved by Council on March 16, 2015. The original contract included an online tool that complements the Priority Based Budgeting methodology. This online Resource Alignment Diagnostic (RAD) tool assists in analyzing the City's programs on a quartile basis for alignment to Community goals (previously named Priority Based Budgeting Results) and opportunities for improved resource allocation. Subsequently, the Center for Priority Based Budgeting merged with ResourceX and will go forward under the ResourceX brand. SUMMARY: The ResourceX Priority Based Budgeting tool is a Software as a Service (SaaS) online application. It supports the best practices to which the City of Englewood is moving: Budgeting for Community Goals (previously named Priority Based Budgeting). With this tool, the City is able to identify the costs associated with programs and assess the strength to which the programs support the City's Community Goals. With this information, the City can evaluate which programs should be strengthened or diminished to make the most effective use of the City's resources. ANALYSIS: The methodology of Community Based Budgeting provides the opportunity for the City and Residents to review the budget on a more comprehensive basis than just line item or Page 97 of 385 department level spending detail. The results of the reviews can then be incorporated into City processes to align services to Community needs. The city is in process of implementation and has developed historical data in the Budgeting for Community Goals (BCG) format. Next steps will be to incorporate BCG into the budgeting forecast methodology, which will be presented to Council in July) and develop metrics from which results of the programs performance can be measured. FINANCIAL IMPLICATIONS: This expense has been included in the Finance and Administrative Services 2017 Budget, in the Revenue and Budget Division. It represents $20,000 of the $90,471 approved for Contractual services (page 93 of the City of Englewood approved 2017 Budget - see attached). This is a 3- year fixed-price contract, at $20,000 per year, and can be terminated with 30-days notice of either party. It is in compliance with TABOR annual appropriation restrictions. ALTERNATIVES: Alternatives to having this automated tool for management of data and analysis are available, but are more expensive or do not include the same functionality. This process is so data intensive that trying to manage it manually would require additional staff. CONCLUSION: This tool supports the budgeting methodology to which the City has moved and provides a wealth of data from which better decisions can be made by the City to support Resident needs. Staff recommends approval of this contract. ATTACHMENTS: ResourceX Contract Budget appropriation reference Page 98 of 385 O:=.._m wmmmn ._.oo_ 9:1 n2:32.. OZ_._Zm _u_~_o_~_2 m>wmowcoomzzo wozmwmo9: F._ I 1 02-l.on.u..»n§:.onn.sn V§I1o0u3n§_o-vV§X. :.S<3::o man:uaofca Page 99 of 385 Page 100 of 385 Page 101 of 385 Page 102 of 385 Page 103 of 385 Page 104 of 385 Page 105 of 385 Page 106 of 385 Page 107 of 385 Page 108 of 385 Page 109 of 385 Zl HM zmmm:Em..m-<m_.:n<S.no_o_.maoUmuma?amsnom5:3 mmE_o_o<3m:n uqomqmaEonmmcnmmno§%§_aE.m-mBEo<:.m=nmmammismom_.oc mEu:mm:nm<E:mum..mo_.:::mEanosc?nn. _u:.:.<.3._.mE<=z>am>mcmmozd?n?mxnm3._ozmu :nos?mmnoa ozaamnEm_w=o<<_mamm9%mmccnos?mnnowvmluoiazm$9.: 559.EHnoasdnn_So<<Em_<m_.3u_o<m9.mos?mmnm<EE ms :_mmm_ m:m:.Emno:9.mnno..mEm:.E.__mmmEmmscnos?mmnoa?.o<Emm Emonammosnomm.8E:mEEmaEmmccnos?mnnonE6 :2 _So<<Em€ m3Eo<mmo_.moscdmnma<32:m::_mmm_m:m=” 5.»=25Emmccnoz?mnnonms:Em Q":25::EmmmamwmEma Emnos?mnnonEmmmmEm_wzoeimnmmEm"Em mccnoscdmnoq w m3EoE=mommoscdmssm<&Ems:_mmm_m:mRms: HENnm?ismnmEmmccmos?mnn<iE Em m=_§=E§2 3 .SEE E_.mmmmvao.omnmmmmizmsoanmE3Em no:.:.mn.8a EmmmmEm_ _§o<<_mmmm9%EmmccnosnwmmnoqGmBEoE:mommoss?nnsm <$EmsEmma:m:m:.Emmccnoznqmnnon3%sonmnovm_.=EoE:m2. mosnnmnasm<SEEm:_mmm_m:mEmxnmunEmaEm nosnqmnnowEm: son8:=5m8Emmoznnmnn<$EEmmccnosqmnnonR 93:»man: Eamm:85EmmccnosnnmmnoqE.o<EmmEmolsmsos 8 mmSc:mE Em»EmmccmosqmmnowEmm=2_§o<<::m_<2€_&2_on nos?mnnmn <<_Ems:_mmm_m:m=. HmUc.:.<HOoozzkS24:ma?a_z<mm.:o>.:oz“nosnnmnnonEm: 5 noEE<<3Ems:«mmmo=mEmnmnzmmnomEmno_o_.mmoUmumnnimsnom 5&2ms:mBEo:3m=n53...EEmnoE.mm omms §<mmsmm:o: uE.m:m:.n3owm.m-G.m.8~AS. o>_<_>ommmomma?a:ommoza?n?E 2530:8 ms:oEm« _mmm_owm:ESEm3:53.EmSQEm:am2:53 8 2:mEmma:om EHnoanwmnn.:EmQQ?mziamammEa nos?mmn.E <Eo_m on E um? 95nonoscdnnoimEmma:2ms:E.o<§o:omEH nossdnn. nos?mnnonEm:cm:mEm§mannamamno=mmn:m=:m_mm?mmmmno Em Page 110 of 385 Page 111 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: June 19, 2017 SUBJECT: Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement DESCRIPTION: Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement RECOMMENDATION: The Utilities staff recommends Council approval of the Vacation of Easement and Dedication of Sanitary Sewer Easement requested by KRF 965, LLC for construction of the Englewood Senior Living Center. SUMMARY: The Englewood Water and Sewer Board, at their June 6, 2017 meeting, approved the Vacation of Easement and Dedication of Easement to KRF 965, LLC. ANALYSIS: KRF 965, LLC purchased the building site at 3555 S. Clarkson St., the former Plaza Del Medico. They are proposing to sell to CA Senior Living Holdings, LLC to build a senior housing facility that will require reconfiguring the property for the most advantageous use of the site. KRF 965, LLC submitted a request to exchange the existing 20' wide sewer easement and will be establishing a new 15' wide easement which is the required width per City of Englewood Wastewater Collection System Specifications. The Englewood Water Board, at their June 6, 2017 meeting, approved the Vacation of Easement and Dedication of Easement to KRF 965, LLC. FINANCIAL IMPLICATIONS: Exchanging the existing sewer easement with a vacation of easement and dedication of easement will be done at the sole expense and liability of the licensee, KRF 965, LLC. ATTACHMENTS: June 6, 2017 Water and Sewer Board Minutes & Phone Vote A Bill for an Ordinance Exhibit 1 - Vacation and Grant of Sewer Easement Page 112 of 385         ENGLEWOOD WATER AND SEWER BOARD    MINUTES    JUNE 6, 2017               1. CALL TO ORDER    The meeting was called to order at 5:12 p.m.    Members present:    Wiggins, Yates, Roth, Johnson, Gillit    Members absent:    Jefferson, Habenicht, Moore      The Board received the Minutes of the May 9, 2017 meeting.    Motion:   To approve the May 9, 2017 Water & Sewer Board Minutes.      Moved:   Ross      Seconded:  Roth    Abstain:  Gillit Johnson    Motion passed unanimously.             2. NEW BUSINESS       A. ENGLEWOOD SENIOR LIVING CENTER – 3555 S. CLARKSON ST.  VACATION OF EASEMENT AND DEDICATION OF EASEMENT    KRF 965 LLC purchased the building site at 3555 S. Clarkson St., the former Plaza Del Medico.  They are  proposing to sell to CA Senior Living Holdings, LLC to build a senior housing facility that will require  reconfiguring the property for the most advantageous use of the site.  DRF 965 LLC submitted a request  to exchange the existing 20’ wide sewer easement and will be establishing a new 15’ wide easement  which is the required width per City of Englewood Wastewater Collection System Specifications.  Page 113 of 385   Exchanging the existing sewer easement with a vacation of easement and dedication of easement will  be done at the sole expense and liability of the licensee, KRF 965 LLC    Motion:  To recommend Council approval of the Vacation of Easement and Dedication of  easement for KRF 965 LLC for the Englewood Senior Living Center at 3555 S. Clarkson St.    Moved;   Gillit    Seconded:  Johnson    Motion passed unanimously.             B. BIG DRY CREEK DIVERSION PIPE    Residents of Englewood have expressed their desire that we provide softer water for their consumptive  use.  The improved raw water quality at the City’s primary drinking water intake on the S. Platte River at  Union Avenue will address the hardness of our treated water.  Water quality, particularly hardness, in  the Big Dry Creek is poor creating treatment issues.    In 2013 the City reached a settlement with Denver Water to address our hardness issue.  This settlement  earmarked $600,000 for this effort.  With this funding the City studied adding a softening process to the  plant which would have not only capital costs to construct but yearly O & M costs.  In the same time  period staff found old plans detailing a diversion structure and pipe that intercepted the flows of Big Dry  Creek and carried them around the Union Avenue intake.  With this staff initiated in March of 2015 the  Big Dry Creek Diversion Project.  McLaughlin Whitewater was retained to perform preliminary design  and permitting support.  This effort produced the required permitting which included a US Army Corps  of Engineers permit, Federal Emergency Management Agency permit, an easement from the Colorado  Water Conservation Board, a preliminary design of the diversion structure and a completed diversion  pipeline design.  The diversion pipeline construction is what the IGA will authorize.  Finally, the City filed  a water rights application in December 2015 to allow the City to divert the Big Dry Creek water.  You will  be seeing a contract for the final design services for the diversion structure.  Construction is scheduled  for 2018.     This diversion pipeline is under the concrete trail being constructed as part of Phase II of the River Run  Project.  This is the most economical location for the pipeline.  The alternative if we do not include this  work in the Phase II River Run is to construct the pipeline by boring which would require closing the new  trail and removing several sections of the concrete trail to complete the construction.    UDFCD uses an alternative project delivery approach, called Project Partners.  This approach utilizes pre‐ qualified contractors that must meet the best value selection process which consists of the following  criteria:    ‐ Capability of Contractor to Perform work.  ‐ Experience and Qualification of Proposed Construction Team.  ‐ Understanding Risks and Identifying Mitigation.  ‐ Value Engineering Approaches.  Page 114 of 385 ‐ Unit Costs of General Bid Items.    Naranjo Civil Constructors was selected for all three phases of the River Run Project.  Their unit prices  were assessed by UDFCD and found to be reasonable and competitive.  The advantage of using Naranjo  is they are a premier contractor for this type of work, their pricing is fair, and there will be a direct  savings to the Big Dry Creek Project since mobilization costs have already been paid for with the River  Run Phase II Project.    Motion:  Recommend Council approval, by motion, of the contract with McLaughlin Whitewater  Design Group in the amount of $78,435.00 for the preliminary design and permitting  support for the Big Dry Creek Diversion Project.      Moved;   Gillet      Seconded:  Yates    Motion passed unanimously.               C. BIG DRY CREEK DIVERSION & INTAKE – PROFESSIONAL FINAL DESIGN SERVICES    McLaughlin Whitewater completed the preliminary diversion design and permitting support in February,  2017 and this effort produced the required permits from the US Army Corps of Engineers, Federal  Emergency Management Agency and approval from the Colorado Water Conservation Board.    McLaughlin’s scope of work will cover Final Design and Special Services – easement preparation, soils  investigation and permitting.  McLaughlin Whitewater will be teaming with ERO Resources for  permitting, Ground Engineering for geotechnical and soils, RG McNutt for electrical, Close & Associates  for structural and Aztec Survey for surveying and easement.  Construction is proposed to begin in 2018.    Final design elements will include final design of the diversion structure on Big Dry Creek, the sluicing  gate, intake vault and screen, the hydropower station and electrical system for site lighting.    Final Design Services is $53,000, Special Services is $27,000 and Construction Phase Services is $17,000  for a total of $97,000.00.  Funding will be from the 2013 Denver Water settlement which stipulates that  the funds be dedicated to alleviating water hardness.    Motion:  Recommend Council approval, by motion, of the Professional Final Design Services  Proposal for the Big Dry Creek Diversion Replacement – Diversion & Intake Phase to  McLaughlin Whitewater Design Group in the amount of $97,000.00.    Moved     Gillit    Seconded:    Yates.    Motion approved unanimously.      Page 115 of 385 Councilman Gillit inquired about the Integral Report regarding Allen Plant alum residuals.  Tom noted  that the consultants will be presenting their official report at an upcoming Council Study Session.       The meeting adjourned at 5:35 p.m.      The next Water and Sewer Board meeting will be Tuesday, July 11, 2017 in the Community Development  Conference Room.    Sincerely,          Cathy Burrage  Recording Secretary  Englewood Water and Sewer Board                                                              Page 116 of 385             PHONE VOTE  FOR  JUNE 6, 2017 WATER & SEWER BOARD MEETING            1.  MINUTES OF THE JUNE 6, 2017 WATER & SEWER BOARD MEETING.      The Board received the Minutes of the June 6, 2017 Water & Sewer Board Meeting.    Motion:   To approve the Minutes of the June 6, 2017 Water & Sewer Board Meeting.    Moved:   Yates      Seconded    Wiggins    Ayes:    Yates, Gillit, Wiggins, Ross, Johnson    Not reached:  Jefferson, Habenicht, Moore    Motion carried.      The next Water & Sewer Board meeting will be held Tuesday, July 5, 2017 at 5:00 in the Community  Development Conference Room.    Sincerely,          Cathy Burrage  Recording Secretary  Englewood Water and Sewer Board              Page 117 of 385         Page 118 of 385 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 41 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF A SANITARY SEWER EASEMENT CONTAINING 2,649 SQUARE FEET, AT 3555 S. CLARKSON STREET BY THE CITY OF ENGLEWOOD AND A GRANT OF A SANITARY SEWER EASEMENT CONTAINING 1,990 SQUARE FEET, AT 3555 S. CLARKSON STREET, FROM KRF 965, LLC TO THE CITY OF ENGLEWOOD. WHEREAS, KRF 965, LLC, purchased the property at 3555 S. Clarkson, and are in the process of selling the property to CA Senior Living Holdings, LLC to build a senior housing facility; and WHEREAS, the construction of the senior housing facility will require reconfiguring the property in order for CA Senior Living Holdings, LLC to make the most advantageous use of the building site; and WHEREAS, KRF 965, LLC has requested that the City vacate the current twenty foot (20’) sanitary sewer easement as set forth on Exhibits A and B of the Agreement, in exchange for a grant of a new fifteen foot (15’) sanitary sewer easement, as set forth on Exhibits C and D of the Agreement and, which meets the existing easement standards as set forth under the City of Englewood Wastewater Collection System Specifications; and WHEREAS, at its June 6, 2017 meeting the Englewood Water and Sewer Board approved the vacation of the existing sanitary sewer easement and a dedication of the new sanitary sewer easement to the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes the Vacation of the sanitary Sewer Easement located at 3555 S. Clarkson Street as shown on Exhibits A and B, attached hereto. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the acceptance of the Sanitary Sewer/Utility Easement located at 3555 S. Clarkson Street as shown on Exhibits C and D, to the City of Englewood from the KRF 965, LLC, attached hereto. Section 3. The Mayor is hereby authorized to sign and the City Clerk shall attest said Exhibits A and B Vacation of the Sanitary Sewer Easement for and on behalf of the City of Englewood. Page 119 of 385 2 Section 4. The Chief Executive Officer, Dimitrios Balafas, is hereby authorized to sign said Exhibits C and D Grant of Sanitary Sewer/Utility Easement for and on behalf of KRF 965, LLC. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 120 of 385 Page 121 of 385 Page 122 of 385 Page 123 of 385 Page 124 of 385 Page 125 of 385 Page 126 of 385 Page 127 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: June 19, 2017 SUBJECT: IGA with Urban Drainage and Flood Control Distirct for the Big Dry Creek Diversion Pipe DESCRIPTION: IGA with Urban Drainage and Flood Control Distirct for the Big Dry Creek Diversion Pipe RECOMMENDATION: The Englewood Water and Sewer Board, at their June 6, 2017 meeting, recommended approval of an IGA with UDFCD to construct the diversion pipeline for the Big Dry Creek Diversion Project. The diversion pipeline is within the River Run Phase II Project currently under the UDFCD contract with Naranjo Civil Constructors. PREVIOUS COUNCIL ACTION: Englewood City Council, at their June 15, 2015 meeting, approved by motion the contract with McLaughlin Whitewater Design Group in the amount of $78,435.00 for preliminary design and permitting support for the Big Dry Creek Diversion Project. SUMMARY: Residents of Englewood have expressed their desire that we provide softer water for the consumptive use. The improved raw water quality at the City's primary drinking water intake on the S. Platte River at Union Avenue will address the hardness of our treated water. Water quality, particularly hardness, in the Big Dry Creek is poor and creating treatment issues. In 2013 the City reached a settlement with Denver Water to address our hardness issue. This settlement earmarked $600,000 for this effort. With funding, the City studied adding a softening process to the plant which would have not only capital costs to construct but yearly O & M costs. In the same time period staff found old plans detailing a diversion structure and pipe that intercepted the flows of Big Dry Creek and carried them around the Union Avenue intake. With this, staff initiated in March of 2015 the Big Dry Creek Diversion Project. McLaughlin Whitewater was retained to perform preliminary design and permitting support. This effort produced the required permitting which included a US Army Corps of Engineers permit, Federal Emergency Management Agency permit, approval from the Colorado Water Conservation Board, a preliminary design of the diversion structure and a completed diversion pipeline design with a hydropower vault for generation of electricity for future path lighting. The diversion pipeline and hydropower vault construction is what the IGA will authorize. You will be Page 128 of 385 seeing a contract for the final design services for the diversion structure. Construction is scheduled for 2018. ANALYSIS: This diversion pipeline is under the concrete trail being constructed as part of Phase II of the River Run Project. This is the most economical location for the pipeline. The alternative if we do not include this work in the Phase II River Run Project is to construct the pipeline by boring which would require closing the new trail and removing several sections of the concrete trail to complete the construction. UDFCD uses an alternative project delivery approach, called Project Partners. This approach utilizes pre-qualified contractors that must meet the best value selection process which consists of the following criteria: - Capability of Contractor to Perform Work. - Experience and Qualification of Proposed Construction Team. - Understanding Risks and Identifying Mitigation. - Value Engineering Approaches. - Unit Costs of General Bid Items. Naranjo Civil Constructors was selected for all three phases of the River Run Project. Their unit prices were assessed by UDFCD and found to be reasonable and competitive. The advantage of using Naranjo is they are a premier contractor for this type of work, their pricing is fair, and there will be a direct savings to the Big Dry Creek Project since mobilization costs have already been paid for with the River Run Phase II Project. FINANCIAL IMPLICATIONS: The full contract amount will be funded from the 2013 Denver Water settlement which stipulates that the funds be dedicated to alleviating water hardness. The Big Dry Creek Diversion pipeline and hydropower vault construction is estimated at $400,000.00. ATTACHMENTS: Minutes of the June 6, 2017 Water Board Meeting & Phone Vote A Bill for an Ordinance Exhibit A - Intergovernmental Agreement with UDFCD Page 129 of 385         ENGLEWOOD WATER AND SEWER BOARD    MINUTES    JUNE 6, 2017               1. CALL TO ORDER    The meeting was called to order at 5:12 p.m.    Members present:    Wiggins, Yates, Roth, Johnson, Gillit    Members absent:    Jefferson, Habenicht, Moore      The Board received the Minutes of the May 9, 2017 meeting.    Motion:   To approve the May 9, 2017 Water & Sewer Board Minutes.      Moved:   Ross      Seconded:  Roth    Abstain:  Gillit Johnson    Motion passed unanimously.             2. NEW BUSINESS       A. ENGLEWOOD SENIOR LIVING CENTER – 3555 S. CLARKSON ST.  VACATION OF EASEMENT AND DEDICATION OF EASEMENT    KRF 965 LLC purchased the building site at 3555 S. Clarkson St., the former Plaza Del Medico.  They are  proposing to sell to CA Senior Living Holdings, LLC to build a senior housing facility that will require  reconfiguring the property for the most advantageous use of the site.  DRF 965 LLC submitted a request  to exchange the existing 20’ wide sewer easement and will be establishing a new 15’ wide easement  which is the required width per City of Englewood Wastewater Collection System Specifications.  Page 130 of 385   Exchanging the existing sewer easement with a vacation of easement and dedication of easement will  be done at the sole expense and liability of the licensee, KRF 965 LLC    Motion:  To recommend Council approval of the Vacation of Easement and Dedication of  easement for KRF 965 LLC for the Englewood Senior Living Center at 3555 S. Clarkson St.    Moved;   Gillit    Seconded:  Johnson    Motion passed unanimously.             B. BIG DRY CREEK DIVERSION PIPE    Residents of Englewood have expressed their desire that we provide softer water for their consumptive  use.  The improved raw water quality at the City’s primary drinking water intake on the S. Platte River at  Union Avenue will address the hardness of our treated water.  Water quality, particularly hardness, in  the Big Dry Creek is poor creating treatment issues.    In 2013 the City reached a settlement with Denver Water to address our hardness issue.  This settlement  earmarked $600,000 for this effort.  With this funding the City studied adding a softening process to the  plant which would have not only capital costs to construct but yearly O & M costs.  In the same time  period staff found old plans detailing a diversion structure and pipe that intercepted the flows of Big Dry  Creek and carried them around the Union Avenue intake.  With this staff initiated in March of 2015 the  Big Dry Creek Diversion Project.  McLaughlin Whitewater was retained to perform preliminary design  and permitting support.  This effort produced the required permitting which included a US Army Corps  of Engineers permit, Federal Emergency Management Agency permit, an easement from the Colorado  Water Conservation Board, a preliminary design of the diversion structure and a completed diversion  pipeline design.  The diversion pipeline construction is what the IGA will authorize.  Finally, the City filed  a water rights application in December 2015 to allow the City to divert the Big Dry Creek water.  You will  be seeing a contract for the final design services for the diversion structure.  Construction is scheduled  for 2018.     This diversion pipeline is under the concrete trail being constructed as part of Phase II of the River Run  Project.  This is the most economical location for the pipeline.  The alternative if we do not include this  work in the Phase II River Run is to construct the pipeline by boring which would require closing the new  trail and removing several sections of the concrete trail to complete the construction.    UDFCD uses an alternative project delivery approach, called Project Partners.  This approach utilizes pre‐ qualified contractors that must meet the best value selection process which consists of the following  criteria:    ‐ Capability of Contractor to Perform work.  ‐ Experience and Qualification of Proposed Construction Team.  ‐ Understanding Risks and Identifying Mitigation.  ‐ Value Engineering Approaches.  Page 131 of 385 ‐ Unit Costs of General Bid Items.    Naranjo Civil Constructors was selected for all three phases of the River Run Project.  Their unit prices  were assessed by UDFCD and found to be reasonable and competitive.  The advantage of using Naranjo  is they are a premier contractor for this type of work, their pricing is fair, and there will be a direct  savings to the Big Dry Creek Project since mobilization costs have already been paid for with the River  Run Phase II Project.    Motion:  Recommend Council approval, by motion, of the contract with McLaughlin Whitewater  Design Group in the amount of $78,435.00 for the preliminary design and permitting  support for the Big Dry Creek Diversion Project.      Moved;   Gillet      Seconded:  Yates    Motion passed unanimously.               C. BIG DRY CREEK DIVERSION & INTAKE – PROFESSIONAL FINAL DESIGN SERVICES    McLaughlin Whitewater completed the preliminary diversion design and permitting support in February,  2017 and this effort produced the required permits from the US Army Corps of Engineers, Federal  Emergency Management Agency and approval from the Colorado Water Conservation Board.    McLaughlin’s scope of work will cover Final Design and Special Services – easement preparation, soils  investigation and permitting.  McLaughlin Whitewater will be teaming with ERO Resources for  permitting, Ground Engineering for geotechnical and soils, RG McNutt for electrical, Close & Associates  for structural and Aztec Survey for surveying and easement.  Construction is proposed to begin in 2018.    Final design elements will include final design of the diversion structure on Big Dry Creek, the sluicing  gate, intake vault and screen, the hydropower station and electrical system for site lighting.    Final Design Services is $53,000, Special Services is $27,000 and Construction Phase Services is $17,000  for a total of $97,000.00.  Funding will be from the 2013 Denver Water settlement which stipulates that  the funds be dedicated to alleviating water hardness.    Motion:  Recommend Council approval, by motion, of the Professional Final Design Services  Proposal for the Big Dry Creek Diversion Replacement – Diversion & Intake Phase to  McLaughlin Whitewater Design Group in the amount of $97,000.00.    Moved     Gillit    Seconded:    Yates.    Motion approved unanimously.      Page 132 of 385 Councilman Gillit inquired about the Integral Report regarding Allen Plant alum residuals.  Tom noted  that the consultants will be presenting their official report at an upcoming Council Study Session.       The meeting adjourned at 5:35 p.m.      The next Water and Sewer Board meeting will be Tuesday, July 11, 2017 in the Community Development  Conference Room.    Sincerely,          Cathy Burrage  Recording Secretary  Englewood Water and Sewer Board                                                              Page 133 of 385             PHONE VOTE  FOR  JUNE 6, 2017 WATER & SEWER BOARD MEETING            1.  MINUTES OF THE JUNE 6, 2017 WATER & SEWER BOARD MEETING.      The Board received the Minutes of the June 6, 2017 Water & Sewer Board Meeting.    Motion:   To approve the Minutes of the June 6, 2017 Water & Sewer Board Meeting.    Moved:   Yates      Seconded    Wiggins    Ayes:    Yates, Gillit, Wiggins, Ross, Johnson    Not reached:  Jefferson, Habenicht, Moore    Motion carried.      The next Water & Sewer Board meeting will be held Tuesday, July 5, 2017 at 5:00 in the Community  Development Conference Room.    Sincerely,          Cathy Burrage  Recording Secretary  Englewood Water and Sewer Board            Page 134 of 385 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 42 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER ________________ BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) “AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPLINE” - AGREEMENT NO. 17-05.17 PROJECT NO. 100327, BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the citizens of the City of Englewood have expressed a desire for softer water for their consumptive use; and WHEREAS, currently the City’s water intake is located downstream of where Big Dry Creek intersects with the South Platte River; and WHEREAS, waters carried by Big Dry Creek directly impact the hardness and quality of the water the City diverts for consumptive use, and creates treatment issues at the Allen Filter Plant; and WHEREAS, to mitigate these impacts, the City studied adding a softness process to address the hardness issue, which would have had capital costs as well as operating and maintenance costs over the life of the softness process; and WHEREAS, during the study surrounding the softness process, decades old plans were discovered showing a diversion structure and pipe that would intercept the flows of Big Dry Creek and divert them around the City’s Union Avenue Intake; and WHEREAS, in 2015 McLaughlin Whitewater was retained to perform a preliminary design and permitting process resulting in producing the required permits from the US Army Corps of Engineers, Federal Emergency Management Agency, and approval for the Colorado Water Conservation Board; and WHEREAS, a preliminary design of the diversion structure and completed diversion pipeline design have been completed as well as a hydropower vault to prove for the generation of electricity for future bike path illumination; and WHEREAS, Urban Drainage and Flood Control District (UDFCD) is already on site engaged in the construction of Phase II of the River Run project; and WHEREAS, UDFCD has been using Naranjo Civil Constructors in all three phases of the River Run Project, due to their competitive pricing and the fact that they are a premier contractor for this type of diversion pipeline work; and Page 135 of 385 2 WHEREAS, the entire cost of the diversion will be $400,000.00 and will be fully funded by the 2013 Denver Water settlement which stipulates that the funds be used to alleviate water hardness; and WHEREAS, the passage of this Ordinance authorizes an Intergovernmental Agreement for the Urban Drainage and Flood Control District to construct the Big Dry Creek Diversion Pipeline and hydropower vault construction. WHEREAS, no Federal or State funds will be used in this project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement Regarding Construction Of Improvements for Big Dry Creek Diversion Pipeline - Agreement No. 17-05.17 Project No. 100327, between the Urban Drainage and Flood Control District and the City Of Englewood, attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the Intergovernmental Agreement Regarding Construction of Improvements for Big Dry Creek Diversion Pipeline, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this project. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk Page 136 of 385 3 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 137 of 385 \dcm\agrmnt\17\170517 1 AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPELINE CITY OF ENGLEWOOD Agreement No. 17-05.17 Project No. 100327 THIS AGREEMENT, dated _________________________________________, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted, (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES have identified a stormwater need and now desire to proceed with construction of improvements for Big Dry Creek Diversion Pipeline (hereinafter called "PROJECT"); and WHEREAS, the City Council of CITY has authorized, by appropriation or resolution, all of PROJECT costs. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT PROJECT shall include construction by DISTRICT of the improvements as set forth in the final design including vegetation establishment. Project limits are as shown on Exhibit A. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Construction of improvements; 2. Contingencies mutually agreeable to PARTIES. B. It is understood that total PROJECT costs as defined above are not to exceed $400,000 without amendment to this Agreement. Page 138 of 385 \dcm\agrmnt\17\170517 2 PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Construction $400,000 Total $400,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest, is applicable. C. Based on the flood control construction PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 0.00% $ -0- CITY 100.00% $400,000 TOTAL 100.00% $400,000 5. MANAGEMENT OF FINANCES CITY will pay 100% of the costs of the construction improvements. Cost shall not exceed maximum amount of approved funds without CITY approval. 6. FINAL DESIGN The design of PROJECT has been provided by CITY. 7. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment 1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. 4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities Page 139 of 385 \dcm\agrmnt\17\170517 3 and costs relative thereto. Copies of all inspection reports shall be furnished to COUNTY on a weekly basis. 5. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 6. DISTRICT shall review and approve contractor billings. DISTRICT shall remit payment to contractor based on billings. 7. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or work orders to the contract documents. 8. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 8. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 9. TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate after the final payment is made to the construction contractor 10. LIABILITY Each party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 11. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Director of Utilities, 1000 Englewood Parkway, Englewood, Colorado 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or Page 140 of 385 \dcm\agrmnt\17\170517 4 mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. D. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 12. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 13. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 14. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where PROJECT is located. 15. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 16. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 17. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 18. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding Page 141 of 385 \dcm\agrmnt\17\170517 5 contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein. 19. EMPLOYMENT STATUS This Agreement shall not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to this Agreement. 20. PUBLIC RELATIONS It shall be at CITY’S sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist COUNTY as needed and appropriate. 21. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 22. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. 23. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 24. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: "The contractor certifies, warrants, and agrees that the contractor does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Page 142 of 385 \dcm\agrmnt\17\170517 6 Agreement, through participation in the United States Department of Homeland Security and the Social Security Administration E-Verify Program or the Colorado Department of Labor and Employment (CDLE) program established pursuant to 8-17.5-102 (5)(c) C.R.S. The contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a subcontract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under Agreement. The contractor shall (a) not use the E-Verify Program or the CDLE program established pursuant to 8-17.5-102 (5)(c) C.R.S., to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) notify the subcontractor and DISTRICT within three days if the contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) comply with the reasonable request made in the course of an investigation, undertake pursuant to 8-17.5-102 (5)(c) C.R.S, by the CDLE. If the contractor participates in the CDLE program, the contractor shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, deliver to DISTRICT a written, notarized affirmation, affirming that the contractor has examined the legal work status of such employee, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. If the contractor fails to comply with any requirement of this Section or 8-17.5-101 et seq. C.R.S, DISTRICT may terminate this Agreement for breach and, if so terminated, the contractor shall be liable for actual and consequential damages. DISTRICT shall notify the Colorado Office of the Secretary of State if the contractor violates this Section and DISTRICT terminates this Agreement for such a breach. The contractor acknowledges that the CDLE may investigate whether the contractor is complying with this Section of the Agreement. This may include on-site inspections and the review of documentation that proves the citizenship of any person performing work under this Agreement and any other reasonable steps necessary to determine compliance with the provisions of this Section." 25. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or Page 143 of 385 \dcm\agrmnt\17\170517 7 B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director CITY OF ENGLEWOOD By Name Title Page 144 of 385 AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPELINE CITY OF ENGLEWOOD Agreement No. 17-05.17 Project No. 100327 Exhibit A Page 145 of 385 Page 146 of 385 "iv.Page 147 of 385 T '-.'wv?tUV]1 «Ralm0-Nr‘BIaIEN#5 53'g. *ni_*ref. um PRELIMINARY REVIEW SET NOT FOR CONSTRUCTION 'V""'1'I"IW’~Page 148 of 385 nun-.nup. mm mm PRELIMINARY REVIEW SET NOT FOR CONSTRUCTION K:--htubolvll. call-.,..a. CITV OF ENGLEWOOD ENGLEWOOD.COLORADO BIG DRYCREEKDIVEIEION PRELIMINARYDESIGN PLAN8 PROFILE 6¢00T0 I062?Page 149 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Eric Keck DEPARTMENT: City Manager's Office DATE: June 19, 2017 SUBJECT: Building Use Tax Ordinance Amendment DESCRIPTION: Building Use Tax Ordinance Amendment RECOMMENDATION: Staff recommends that the Council adopt a bill for an ordinance on first reading that amends Title 4, Chapter 4, of the Englewood Municipal Code 2000, pertaining to the imposition of use tax, all within the City of Englewood, Arapahoe County, Colorado. PREVIOUS COUNCIL ACTION: Building Use Tax was discussed at the following meetings: Council Study Session of 8 May 2017 Council Regular Meeting of 5 June 2017 Council Study Session of 12 June 2017 SUMMARY: The subject of Building Use Tax has been studied extensively by the Council in 2017 and the subject has been brought forward with a sense of urgency by the Englewood School District with the imminent construction of new elementary schools. Title 4 of the Englewood Municipal Code will need to amended in a narrow means in order to allow for public schools to be exempted from the payment of the Building Use Tax. The first proposed amendment of the EMC would need to occur in Section 4-4-4-3 as follows: 4-4-4-3(A)(7). For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City evidencing that a local use tax has been paid or is required to be paid, or that such purchaser presents a building permit or other documentation acceptable to the City evidencing that such purchaser is exempt from payment of Use Tax pursuant to 4-4-5-2. The City Council has examined the current narrative of Title 4 Municipal Finances and Taxation and determined that Section 4-4-5-2 relating to Use Tax should also be amended to reflect and honor the tax exempt status of public school districts as well as to ensure that the City of Page 150 of 385 Englewood is not left responsible for the construction of public improvements required by a school project. The following amendment has been proposed: 4-4-5-2(D). Nothing herein contained shall be deemed to exempt from the tax levied by Subsection 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A5 above, except any tangible personal property to be used by a contractor for construction projects associated with any capital improvement project of any public school district,for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be deemed exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utility lines, and roadway access. These proposed amendments emanated from Council's discussion on Monday 12 June 2017 and reflect the consensus direction on the matter. FINANCIAL IMPLICATIONS: The City will no longer work to assess Building Use Tax to the Englewood School District, or any public school district constructing facilities within the City of Englewood. ATTACHMENTS: Council Bill CB 48 related to Use Tax Page 151 of 385 BY AUTHORITY   ORDINANCE NO. ____ COUNCIL BILL NO. 48  SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER   A BILL FOR  AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO IMPOSITION OF USE TAX, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO.  WHEREAS, Title 4, Chapter 4 of the Englewood Municipal Code, as adopted by Ordinance, sets forth the parameters for imposing the sales and use tax within the City of Englewood, and defines “Use Tax” as “[T]he tax to be paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the City.” WHEREAS, E.M.C. 4-4-5-2(A)(5) exempts from Use tax the United States government, the State of Colorado, Colorado institutions, or political subdivisions of Colorado, all in their governmental capacities only, and religious, charitable, and eleemosynary institutions in the conduct of their regular religious or charitable functions; WHEREAS, E.M.C. 4-4-5-2(D) provides that “Nothing herein contained shall be deemed to exempt from the tax levied by Subsection E.M.C. 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A5”;  WHEREAS, the City of Englewood desires to modify E.M.C. 4-4-5-2(D) to exempt capital construction projects of public school districts financed with public funds following public vote, as such capital construction projects incorporate and provide for the costs of municipal infrastructure arising out of such construction projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 4, Chapter 4. Title 4, Chapter 4 of the Englewood Municipal Code shall be amended as follows: 4-4-4-3: - Exemptions to Sales Tax. A. Exempt Items: The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 4-4-4-2: 1. Motor vehicles, trailers and semi-trailers, registered outside of the City. 2. Sales of tangible personal property where both the following conditions exist: a. The sales are to parties who are residents of, or doing business in, the State of Colorado, but outside the City; and Page 152 of 385 b. The articles purchased are to be delivered to the purchaser outside the City by common carrier or by the conveyance of the seller or by mail. 3. Sale of fuel used for the operation of internal combustion engines. 4. Sale of medicine, medical supplies, orthopedic braces and appliances, dental appliances, hearing aids, crutches, wheel chairs, eye glasses or other mechanical contrivances when purchased with a licensed practitioner's written prescription. 5. Sales of food products which are to be consumed off the premises of the vendor. As used herein "food" means food which is advertised or marketed for home consumption and sold in the same form, condition, quantities and packaging as is commonly sold by grocers. The term includes cereals and cereal products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar, sugar products and sugar substitutes; coffees and coffee substitutes; teas, cocoa and cocoa products; spices, condiments, salt and oleomargarine. The term "food" does not include chewing gum; spirituous malt or vinous liquors; cocktail mixes; proprietary medicines; nostrums; lozenges; tonics; vitamins and other dietary supplements; water, mineral water and carbonated water marketed in containers; ice; pet foods; food or drink purchased and used by a business or commercial entity by serving to customers or employees (not resold); food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays; glasses, dishes or other tableware provided by the retailer; prepared food or drink sold by retailers who regularly sell for consumption on or near the premises of the retailer even though such food or drink is sold on a "take out" or "to go" order and is bagged, packaged or wrapped and taken from the premises of the retailer; and food or drink vended by or through machines on behalf of a vendor. 6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate consumer thereof. 7. For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City evidencing that a local use tax has been paid or is required to be paid, or that such purchaser presents a building permit or other documentation acceptable to the City evidencing that such purchaser is exempt from payment of Use Tax pursuant to 4-4-5-2. 8. Sales of newspapers and magazines. 9. Sales of tangible personal property at a garage sale as defined herein and not in violation of 15- 16-2 EMC. B. Exempt Taxpayers: Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: 1. Sales to the United States government; to the State of Colorado, its departments or institutions and to the political subdivisions thereof, in their governmental capacity only; in all sales to the City; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. 2. Sales to religious, charitable and eleemosynary institutions, in the conduct of their regular religious, charitable and eleemosynary functions and activities. Page 153 of 385 3. Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter, sales of building materials or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection B1 or B2 hereof. 4. Persons purchasing tangible personal property at a garage sale as defined herein and not in violation of 15-16-2 EMC. C. Burden of Providing Exemptions; Disputes: The burden of proof that any retailer is exempt from collecting a tax upon any goods sold and paying the same to the City, or from making return for the same, shall be on the retailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise between any purchaser and seller as to whether or not any retail sale is exempt from taxation hereunder, the seller shall, nevertheless, collect and the purchaser shall pay such tax; and the seller shall thereupon issue to the purchaser a receipt, or certificate, on forms prescribed by the City showing the names of the seller and purchaser, the items purchased, the date, price, amount of tax paid, and a brief statement of the claim of exemption. Thereafter the purchaser may apply to the City for a refund of such taxes and it shall then be the duty of the City to determine the question of exemption. In any case where the City refunds any taxes, it may collect from the retailer the amount of taxes retained by him/her as a fee which is attributable to the transaction. 4-4-5-2: - Exemptions to Use Tax. A. The tax or excise levied by Section 4-4-5-1 is hereby declared to be supplementary to the tax levied by Section 4-4-4 hereof, and for this reason, the following transactions shall be exempt therefrom: 1. The storage, use or consumption of personal property, the sale of which is subject to the tax levied by Section 4-4-4. 2. The storage, use or consumption of any tangible personal property purchased for resale to this City, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business. 3. The storage, use or consumption of motor fuel upon which there has accrued, or has been paid, the motor fuel tax prescribed by the Colorado Motor Fuel Tax Law of 1933, or any amendments thereto. 4. The storage, use or consumption of tangible personal property which was acquired at a time when the user or consumer thereof was a nonresident of the City; provided its use or consumption is for the benefit of said user or consumer. 5. The storage, use or consumption of tangible personal property of the United States government, or the State of Colorado, or its institutions, or its political subdivisions, in their governmental capacities only; or by religious, charitable or eleemosynary institutions in the conduct of their regular religious or charitable functions; provided, however, that no commercial, industrial or other banking institutions, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. 6. The storage, use or consumption of tangible personal property by a person engaged in the business of manufacturing, compounding for sale, profit or use, any article, substance or commodity, which tangible personal property meets all of the following conditions. a. Is actually and factually transformed by the process of manufacture; b. Becomes by the manufacturing process a necessary and recognizable ingredient, component or constituent part of the finished product; and Page 154 of 385 c. Its physical presence in the finished product is essential to the use thereof in the hands of the ultimate consumer. B. For transactions consummated on or after January 1, 1986, the City's use tax shall not apply to the storage, use, or consumption of any article of tangible personal property, the sale or use of which has already been subjected to a sales or use tax of another statutory or home rule municipality properly and proportionally imposed on the purchaser or user equal to or in excess of three and one-half percent (3.5%). A credit shall be granted against the City's use tax with respect to the person's storage, use or consumption in the City of tangible personal property, the amount of the credit to equal the tax paid by him/her by reason of the imposition of a sales or use tax of the previous statutory or home rule municipality on his/her purchase or use of the property. The amount of the credit shall not exceed three and one-half percent (3.5%). C. For transactions consummated on or after January 1, 1986, the City's use tax shall not be imposed with respect to the use or consumption of tangible personal property within the City which occurs more than three (3) years after the most recent sale of the property if, within the three (3) years following such sale, the property has been significantly used within the State for the principal purposes for which it was purchased. D. Nothing herein contained shall be deemed to exempt from the tax levied by Subsection 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A5 above, except any tangible personal property to be used by a contractor for construction projects associated with any capital improvement project of any public school district, for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be deemed exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utilities, and roadway access. Section 2. 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 3. 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 4. 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 5. Safety Clauses. The City Council of Englewood, Colorado, hereby finds, determines, and declares that this Ordinance 1) is promulgated under the general police power of the City of Englewood, 2) is promulgated for the health, safety, and welfare of the public, and Page 155 of 385 3) is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of June, 2017. Stephanie Carlile   Page 156 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Cindy Goodburn, John Kuosman DEPARTMENT: WWTP DATE: July 3, 2017 SUBJECT: L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) DESCRIPTION: L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommends the Englewood City Council approve, by Motion, the Carollo Engineers, Inc. Professional Services Agreement for the Workforce Alignment and Strategy Advisement Services (WASAS) Master Agreement for L/E WWTP in the total not-to-exceed amount of $100,000, which includes a contingency amount of $8,000. PREVIOUS COUNCIL ACTION: Council approval of the 2017 Littleton/Englewood Wastewater Treatment Plant Budget. SUMMARY: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) formally evaluated the organizational structure and staffing resources in the late 1990’s. Since that time, there have been numerous organizational changes that impact our staffing levels such as the treatment facility improvements, integration of new technologies and information systems, more stringent regulatory requirements, focus on resource recovery and increased public accountability. In addition, 2017 will be a pivotal year for the L/E WWTP, as three members of our management team retire, we reach the 40th year in operation, and begin to integrate the 2016 Strategic Operational Plan. The L/E WWTP’s Strategic Plan, developed by the Executive Management Team in July 2016, identifies Leadership and Management, and Workforce Planning and Development as two of the top five the areas for improvement. Leadership to meet these challenges and embrace the emerging opportunities within our industry, and competent, engaged workforce to deliver the performance results that meet or surpass performance expectations requires an assessment of the existing organizational competencies. Furthermore, it requires an analysis of industry best practices and the resource requirements that are needed to fully leverage and engage existing staff toward achieving these best practices. To achieve this level of leadership, L/E WWTP staff developed a request for proposals and scope of work for the Workforce Alignment and Strategy Advisement Services Project. The Page 157 of 385 project will evaluate and benchmark current leadership competencies against wastewater industry best practices, utilizing a Strengths Weaknesses Opportunities Threats (SWOT) analysis or other similar analytical tool. From this analysis a portfolio of recommendations will be developed and finalized using a workshop to prioritize and implement the highest value recommendations. This assessment is necessary for the L/E WWTP to fulfill its business objectives and meet the Strategic Plan goals established. The results of the assessment will be aligned with L/E WWTP’s primary objective in meeting the needs of its customers, providing exceptional health, safety, and environmental protection and regulatory permit requirements. ANALYSIS: L/E WWTP staff extended invitations to four consulting firms to demonstrate their qualifications for completing the assessment including: • Brown and Caldwell • Carollo Engineers • CDM Smith • CH2M Two firms declined to submit proposals, CDM Smith and CH2M, leaving Carollo Engineers and Brown and Caldwell as the two proposing firms. The L/E WWTP review team determined both firms’ bids were responsive and unanimously recommended Carollo Engineers for selection. The reviewers believed the Carollo proposal was more thorough, and provided a clearer understanding and project approach which aligned with the 2016 Strategic Plan. In addition, the Carollo team includes strong individual expertise and experience directly related to each business unit of the plant and direct Utility Management experience. The Carollo proposal clearly articulates a well-defined project scope to address the overall challenges and opportunities facing L/E WWTP. FINANCIAL IMPLICATIONS: The project will operate under a Master Services Agreement with Carollo Engineers, Inc., with a not to exceed value of $100,000. This contract will be divided into Task Orders, each with their own scope of work and dollar amount. Each Task order builds upon the work completed in the previous task order and provides the foundational research and data that will drive the recommendations and High Value Tasks that have been identified for implementation. Each Task Order is also a decision making point for the L/E WWTP staff to review progress, understand the findings and decide how or if the next Task Order should proceed. 1. Task Order 1: Wastewater Utility Leadership Competencies Audit: Develop assessment framework to determine how the L/E WWTP performs relative to industry practices and established wastewater utility leadership competencies. The assessment will summarize organization strengths, current weaknesses, and strategic opportunities for continuous improvement. Task Order 1 is budgeted at $30,000. 2. Task Order 2: Practices and Competency Improvement Recommendations: Develop a portfolio of specific improvement opportunities related to business processes, decision making, communications, and approaches identified in the Competencies Audit (Task Order 1). The schedule and cost for implementation of each portfolio item will be Page 158 of 385 developed and all items will be prioritized as part of a half day prioritization workshop. Task Order 2 is budgeted at $30,000. 3. Task Order 3: Implementation of Highest Value Recommendations: Staff will report to Supervisory Committee the findings from Task Orders 1 & 2 and seek approval to fund the completion of the highest value recommendations identified within them. Task Order 3 has been budgeted between $32,000 and $40,000 and the final cost will be determined subsequent to the completion of Task Orders 1 and 2. The proposal amount has been budgeted and is available under the 2017 Professional Services Budget. Costs will be shared by the Cities of Englewood and Littleton. The proposed costs for the received two proposals are: • Carollo Engineers $92,000 • Brown and Caldwell $91,242 ATTACHMENTS: WASAS PowerPoint Presentation May 18, 2017 Supervisory Committee Meeting minutes Professional Services Agreement Page 159 of 385 Workforce Alignment and Strategy Advisement Services Englewood City Council Presentation July 3, 2017 Page 160 of 385 Environmental Scan •Strategic Planning Work Began in 2016 •Need to Intentionally Reestablish Culture •Alignment & Commitment driven By Leadership •Focused on Communications, Strategy, & Operational Excellence •2017 is Transition Year •Leadership Team Retirements –New Perspectives •Begin Implementation of Strategic Plan •Characterize Risks of Aging Asset Base •Strategically Consider Effluent Regulation Pressures •Identify Cost Saving and Revenue Generating Opportunities •Improve Transparency in Business Operations •Extract More Value Out of Existing Resources •Accelerate Future Success Page 161 of 385 Workforce Alignment and Strategy Advisement Services •Identified in 2017 Budget •Last evaluation done in late 1990’s •Workforce and Leadership Competency Analysis: Benchmark against industry (wastewater) best practices to address workforce focus area in Strategic Planning •Three Main Outcomes: 1.Analysis of Current Workforce/Leadership Competencies and Best Practices •How do our workforce competencies align with our business and benchmark against industry best practices Strengths, Weaknesses, Opportunities, Threats (SWOT) analysis •Identify areas for improvement, realignment or change 2.Recommendations for Current Workforce & Resource Optimization •Portfolio of recommendations to address issues and fortify strengths identified in the SWOT analysis •Best alignment of current staffing level •Recommendations for change 3.Change Recommendations •Organization or workplace change, focused training, utility shadowing •Training from former Utility Managers on Consultant Team Page 162 of 385 Selection Process & Cost •Advertised RFP to 4 firms: •Brown & Caldwell* •Carollo Engineers* •CDM Smith •CH2M •Carollo Engineers Proposal Recommended •Team is local and has significant, recent utility leadership experience •Best understanding of scope and clearest approach •Aligned with strategic plan and focused on capitalizing on opportunities •Assessment Cost: •Base Fee: $ 92,000 •Contingency: $ 8,000 •Total Assessment:$100,000 •Majority of Work to be completed in 2017 Page 163 of 385 Service Agreement Structure •Master Services Agreement with Carollo Engineers •One Agreement with a “not to exceed value of $100,000 •Task Orders with their own scope of work and dollar amount •Each Task Order builds upon the work completed in the previous task order •Each Task Order is a decision making point for L/E WWTP staff •Task Orders: •Task Order 1: Wastewater Utility Leadership Competencies Audit: Task Order 1 is budgeted at $30,000. •Task Order 2: Practices and Competency Improvement Recommendations: Task Order 2 is budgeted at $30,000. •Task Order 3: Implementation of Highest Value Recommendations:Staff reports findings to Supervisory Committee from Task Orders 1 & 2 and seeks approval to fund completion of the highest value recommendations identified. Task Order three has been budgeted between $32,000 and $40,000. Final cost will be determined subsequent to completion of Task Orders 1 and 2.Page 164 of 385 2017 Business Services Budget Page 165 of 385 Questions Page 166 of 385 /2//4?”LITTLETON/ENGLEWOODWASTEWATERTREATMENTPLANTCityofCityof§:‘;f,f;.,'Z:f‘3.§‘.;',:'.,'§';“;.,oLlttletonEnglewood(ans)762-2500FAX7s2—2a2nMINUTESSUPERVISORYCOMMITTEEMEETINGMay18,201710:00am.ATTENDING:EricKeckEnglewoodCityManagerMarkRelphLittletonCityManager(viaConferenceCall)BrentThompsonCityofLittleton,EngineerDaveHendersonEnglewoodPublicWorksDirectorDavidRobbinsHill&RobbinsMattMontgomeryHill&RobbinsDennisW.StoweL/EWWTPDirectorChongWooL/EWWTPEngineering/MaintenanceDivisionManagerCindyGoodburnL/EWWTPBusinessServicesDivisionManagerDanDeLaughterL/EWWTPEnvironmentalComplianceDivisionManagerJimTallentL/EWWTPTreatmentDivisionManagerShahidMalikL/EWWTPEnvironmentalServicesDivisionManagerTimGrossbachL/EWWTPPretreatmentSpecialistIIBrendaVarnerL/EWWTPExecutiveAssistantGUESTS:CynthiaLanePlatteCanyonWater&SanitationDistrict,AssistantManagerGunterRitterL/EWWTPProjectEngineerSarahReevesBrownandCaldwell1,WELCOME,APPROVALOFPRIORMEETINGMINUTES,ANDFLOWSANDLOADINGSDennisW.Stowe,Littleton/EnglewoodWastewaterTreatmentPlant(L/EWWTP)Director,openedtheMaymeetingwithreviewandapprovaloftheApril20,2017SupervisoryCommittee(Committee)meetingminutes.ACTIONTAKEN—TheSupervisoryCommitteeapprovedtheminules?omtheApril20,2017SupervisoryCommitteemeeting.DaveHendersunmoved,EricKeckrewnded,allinfavar.Therecordingsecretary,BrendaVamer,notedthatthemeetingminutesfortheMay18,2017meetingwillneedelectronicapprovalsothattheycanbeattachedtoCouncilCommunicationsfortheJune19,2017EnglewoodCouncilmeeting.BrendawillsubmitmeetingminutesforapprovaltoCommitteemembersviaemail.Thisprocesswillbeuseduntilproceduresthataremoreefficientareidentified.DennisStowesummarizedthe?owsandloadingstotheLIEWWTP.TheL/EWWTPaveragedatotal?owof21.0milliongallonsperday(mgd)duringthemonthofApril2017.Themonthly?owaverageincreasedby0.9Page 167 of 385 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page2of7mgdfromMarch2017.Thesplitoftheaveragemonthly?owsforthecitiesofLittletonandEnglewoodrespectivelywere42.1%and579%.ll.ACTIONITEMSforPresentationPopulationStudy—ChongWooChongWooreviewedtheMarch9,2017JointCouncilMeeting.Atthemeeting,theCouncilsdirectedL/EWWTPtoupdatethepopulationstudyand?owdatafortheLIEWWTPservicearea.L/EWWTPsolicitedarequestforservices?omtwoconsultantsknownintheindustrytoperformpopulationdataandforecastprojections,ClarionAssociatesandEconomicandPlanningSystems,Inc.(EPS).Clariondeclinedtosubmitaresponse,statingthatEPSwouldbebetterequippedandquali?edtoprovideservices.L/EWWTPstaffhavereviewedEPS’sresponse,andhavedeterminedthattheproposalmeetsL/EWWTP’:goalsandobjectives.Thepreviouspopulationstudywascompletedaspartofthe2013L/EWWTPMasterPlan.Inthisanalysis,datawascollectedfromDRCOG'sTrafficAnalysisZone(TAZ)information,andthecity'scensusdata.Forthisnewstudy,EPSwillincorporatemanyotherdatasourcesinadditiontothedatasourcesusedprior.EPSwillcompileallofthisdataandputitintooneGISdatabaseforanalysis.EricKecknotedthattheEPSstudywillgowellbeyondWhattheL/EWWTPhasusedinthepasttoanalyzepopulationgrowth;andthisstudywillultimatelyhelpwhomeverselectedtocomplete?owprojections.MarkRelphaskedChongtoreachouttothesanitationdistrictstomakesurethattheyareinvolvedinthisprocess.ACTIONTAKEN—TheSupervisoryCommitteeapproved[/15WWTP’srecommendationofaprofessionalservicesagreementwithEconomicandPlanningSystems,Inc.,intheamountnottoexceed$40,610.00toconductapopulationstudyfortheIJEWWTPservicearea.EricKeckmoved,DaveHendersonsecondedallayes,nonays,approvedbyallIJEWWTPstaffwillpresenttotheEnglewoodCityCouncilforconsideration.WorkforceAlignmentandStrategyAdvisementServices—CindyGoodburnCindyGoodbumbrie?ydiscussedtheWorkforceAlignmentandStrategyAdvisementServicesProject(formerlyknownastheSta?ingandSpaceNeedsAssessment)withtheCommittee,Themainchangestothescopeoftheprojectweretochangeitstitle,removespaceneedsfromthescopeofwork,andseparatethescopeofworkintothreeseparatetasksaspartofTaskOrdercontract.ThethreetasksnowgiveL/EWWTPoptions,attheendofeachtask,todecidewhethertoproceed.CindyaskedtheCommitteetodelayconsiderationofthisitemuntilshecoulddiscussinfurtherdetailwithJohnKuosman,L/EWWTPDirector.Cindyproposedvotingelectronicallyonthisactionitem.EricKeckaskedfortheCommittee,priortovoting,tobeprovidedwithanamendedscope,anarrativesummaryofthechangesmadefromthetimetheCommitteefirstsawthepresentation,andasummaryofthekeyaspectsofthedeliverablesfromCarollo.ACTIONTAKEN—EricKeckmadeamotiontohavetheUHWWTPstaffpreparethematerialsrequestedbytheSupervisoryCommitteeandsentelectronicallytotheCommittee.OncethereceivedtheSupervisoryCommitteewillvoteonthesematerialstoallowtheWorkforceAlignmentandStrategyAdvisementServicesProjecttomoveforwardtotheEnglewoadCityCouncilforapproval,soresultscanbesharedattheAugustJointCouncilmeeting.MarkRelphsecondedallayes,nonays,approvalbyulLPage 168 of 385 MINUTESSUPERVISORYCOlVllV[[TTEEMEETINGMay18,2017Page3of7III.InterceptorOwnershipDelineationIntergovernmentalAgreement—ChongWooChongWoodiscussedtherecommendationtoformalizetheagreementsbetweenL/EWWTP,theCityofEnglewood,theCityofLittleton,andtheValleySanitationDistrict.PreviousdocumentationdidnotclarifythedelineationofownershipoffourinterceptorscomingontotheLIEWWTPsite.TheL/EWWTPstaffandHill&RobbinshavebeenworkingwiththeCityofLittleton,CityofEnglewood,andtheValleySanitationDistricttodelineateownershipoftireinterceptors.L/EWWTPstaffwouldliketo?nalizetheagreementwiththeCityofEnglewood(CityofLittletonalreadyapprovedbyseparateordinance)andValleySanitationDistrictinJune2017.EricKeckthankedtheL/EWWTPstaffforprovidingexhibitsshowingtheinterceptorsandpipelines.ACTIONTAKEN—TheSupervisoryCommitteeapprovedtheMemosofUnderstanding(MOUS)withValleySanitationDistrictandtheCityoflfnglewood,whichdelineatetheOwnershipoftheInterceptorLines,whichconveyflowtotheI./EWWTP.DaveHendersonmoved,MarkRelphsecondedallayes,nonays,approvedbyall.L/EWWTPstaffwillpresenttotheEnglewoodCityCouncilforconsiderationa?erapprovalsbytheWaterandSewerBoard.INFORMATIONALITEMSforPresentationUseTaxApplicabilityAssessmentStatusUpdate—MattMontgomeryMattMontgomerydiscussedhis?m1’sresearchonusetaxes.Hill&Robbinshasconcludedthat,asamatteroflaw,theCityofEnglewoodmayimposeusetaxesonitselfandtheCityofLittletonderivedfromthebuildingandconstructionmaterialsfurnishedbyindependentcontractorstotheL/EWWTP.Mattnoted,however,thatwhetherornottheCityofEnglewoodshouldimposethesetaxesontheCityofLittletonanditselfarepoliticaldecisionswithinthediscretionoftheEnglewoodCityCouncilunderitsArticleXXpowers.Hill&Robbins,ascounseltotheL/EWWTP,cannotopineonthispoliticalquestion.EricKeckandMarkRelphappreciatedtheworkHill&RobbinscompletedonthiissuesincetherehasbeensomerecentdebatewithintheCityofEnglewoodinrelationtoUseTax.DennisStowepointedoutthatmostoftheUseTaxcomesfromoumideofthetwoCitiesthemselves.DavidRobbinssuggestedreleasingtheUseTaxMemotobothCityManagersandtheirrespectiveCityAttorneyssotheycoulddecidehowtomoveforwardwiththeirCouncils.BiogasApplicationFeasibilityStudyStatusUpdate-ChungWooChongWoodiscussedtheprogresssincelastmonth’smeeting.TheBiogasApplicationFeasibilityStudyisdesignedtoidentifytechnicalandeconomicopportunitiestoextractrenewableenergyfromtheL/EWWTPdigestionprocess.InApril,CarolloEngineersInc.conductedaworkshoptopresentitsfindingstoL/EWWTPstaff.Carollorecommendedpurchasing,constructing,andoperatingadigestergas-conditioningskidtopurifydigesterbiogastoachieverenewablenaturalgasquality.CarollobelievesthatthisaltemativewillgivetheL/EWWTPtheabilitytosellgasbacktoXcelEnergy,viathenationalpipelinesystemlocatedalongtheNorthsideoftheLIEWWTPpropertyboundary;andthattheL/EWWTPwillseeafullreturnoninvestmentwithin4-7years.Carollodevelopedaninitialcostestimateforthecapitalinvestmentintherangeof$8milliondollars.ThisprojectiseconomicallyfeasibilitybecauseofincentivesprovidedbytheFederalRenewableFuelStandard.RenewableIdenti?cationNumbers(RINs)aregeneratedandtheirproofoftitleistrackedfromtheproducertoPage 169 of 385 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page4of7theenduser.RINsaremonetizedatthetimeofsaleandretiredwhentherenewablenaturalgasisconsumed.ThemonetizationoftheseRlNsallowsforthespeedyreturnofcapitalandoperatinginvestments.IfL/EWWTPwereabletoassumethecun'entrateoftheRINs,theplantwouldseeareturnoninvestmentwithin4years.TheCommitteefurtherdiscussedfundingoptionsforengineeringdesign,legalsupport,brokerageservices,andconstruction.TheL/EWWTPstaffplanstopresentabusinesscasereporttotheCommitteeinJune,totheEnglewoodCityCouncilStudySessioninJuly,andtobothCityCouncilsduringtheAugistJointCouncilmeeting.StrategicOperatingPlan(SOP)StatusUpdate—ChungWooChongWoodiscussedthedevelopmentofa5-yearStrategicOperatingPlan(SOP)thatisdesignedtoprovideL/EWWTPwithaholisticapproachtomeetingthecurrentRegulationNo.85limitsandtoputL/EWWTPinagoodpositiontomeetRegulationNo.31inthefuture.TheSOPintendstoprovidearoadmaptoachieveoperationalexcellence,manageassets,andidentifycapitalimprovementstosustainablyprotectandextendresourcestoensurethelivelihoodofourcommunitiesandtheenvironment.AdditionallytheSOPwilladdresshighestriskofagingassetsandinfrastructure,operationalchallenges(maintenanceandstaffresources),chemicalandenergyintensivenessofprocesses,andresourcerecoveryopportunities.L/EWWTPstaffisaskingforsupportfromtheCommitteetomoveforwardinissuinganRFP(RequestforProposal)assoonaspossible,tohelpselectaquali?edengineeringconsultanttoconducttheproposedSOP.EricKecksuggestedincludinglanguageintheRFPallowingforpolicymaker‘sdirectiontoin?uencethescopeofwork.MarkRelphsuggestedaddinglanguageexplaininghowthepopulationstudyandplantcapacityshouldbecoordinatedintothisproject.RECOMMENDEDACTION—TheSupervisoryCommitteesapportedl./EWWTPstaffmovingforwardwiththeRequestforProposal(RFP)toselectaqualifiedengineeringconsultanttoconducttheproposedStrategicOperatingPlan.EricKeckmoved,MarkRelphsecondedallayes,nonays,approvedbyall.RegulatoryUpdates——DanDeLaughterDanDeLaugl1terupdatedtheCommitteeontheWaterQualityForumWorkgroupprogressandtheupcomingRulemakingHearingprocess.ThemainworkgroupforReg.85hasconcludedandL/EWWTPwassuccessfulintakingcertaintopicsoffofthetable,oneofthosewasthereductionoftheTIN(TotalInorganicNitrogen)limit.ThecurrentproposaltheWaterQualityForumWorkgroupismovingtowardsisanincentiveprogramforearlyreductionsbelowReg.85limits,whichwouldmakepennitteeseligibleforanextendedcompliancescheduleforfutureReg.31limits.Itwouldbeavoluntaryincentiveprogram;L/EWWTP,MetroWastewater,CentennialandtheCityofBoulderhaveallbeenheavilyinvolvedwiththedetailsofthisprogram.RegulatoryproposalsareduetotheWaterQualityControlCommission(WQCC)officebyMay26,2017.TheRulemakingHearingisscheduledforOctober10,2017.PartystatusrequestsareduebyAugust7,2017.DannotedthattherewouldlikelybesomelegalcostsassociatedwiththeRulemakingHearinginOctober;thelegalcostswillbedependentonhowmanypartiesgotinvolved.TheColoradoWastewaterUtilityCouncil(CWWUC)seemstobeleaningtowardssupportingthewastewatergroup.DanrecommendsthatL/EWWTPparticipateintheRulemakingHearingbyrequestingpartystatusinAugustandcontinuetoparticipateinworkgroupmeetings.Page 170 of 385 MINUTESSUPERVISORYCOMIVIITTEEMEETINGMay18,2017Page5of7DavidRobbinsdiscussedhowthisisacriticalissueforL/EWWTPbecausephosphorusandnitrogenremovalaregoingtoeventuallyrequirelargecapitalandoperatingexpensesforcompliance.TheworkthatDanisdoingisintendedtoprovidetheframeworkthatwillallowthedeferralofsomeofmajorregulatorychangesthatcouldpotentiallycostL/EWWTPmorethanahalfabilliondollars.TheL/WWWTPisengagedintheseprocessesandworkgroupstotrytoscienti?callyguidethemtowardlimitingL/EWWTP’sexposureforaslongaswecanwhilestillbeingmindfulofdienetenvironmentalimpacts.DanupdatedtheCommitteeregardingthestatusoftheRulemakingHearingprocessforReg.34andReg.35,whichistheSanJuan/GunnisonBasinRulemakingHearing.L/EWWTPpreviouslyrequestedpartystatusandsubmittedaResponsivePrehearingStatementforthishearing.Atthishearing,thereweresomeproposalsforsite-speci?ctemperaturestandardsandsomeproposalstoremovethewatersupplyusefromsegmentsoftheriver;bothofwhichareofinteresttoL/EWWTP.TheWQCDisnowproposingtokeepthechloridevalueinplaceandremovethesulfatestandardifthewatersupplyusewasremoved.L/EWWTPisinterestedintheseproposalsbecausethesetwoparametersarecontainedinthemetalsaltsthatL/EWWTPmayaddforfuturephosphomsremoval,anditmaybepossibletoremovethewatersupplyuseclassi?cationdesignationfromportionofSegment14future.Inrelationtothesite-speci?ctemperaturestandard,L/EWWTPwasconcernedthatdecisionsbytheWQCCinthishearingcouldsetaprecedentonhowtheWQCDwoulddealwiththisissuestate-wide.Wehaveexpressedourviewsandnoadditionalworkisneededforthishearingatthistime.DanDeLaughterupdatedtheCommitteeondownstreampennitsthatwererecentlyissued.L/EWWTPwasoriginallyissuedwitha5mgdreservecapacity;thesewere?owsfrompotentialdownstreamdischargersthatweremodeledwithL/EWWTPinordertocalculateL/EWWTP’sappropriatepermitlimits.Sincethattime,L/EWWTPhashadextensivenegotiationswiththeWQCDtoremovethisconceptfromL/EWWTP'spermit.TheWQCDrecentlyissuedtwoindustrialpennitswhichhada5mgd“allotment”.Thedifferencebetweenthe“allotment”andreservecapacityconceptsisnowtheWQCDhasidenti?edspeci?cdischargers,butsomeoftheidenti?edpermitsshouldnotbegivenanyassimilativecapacity,particularlyforfacilitiesdischargingundergeneralpermitsorthosethathaveonlyappliedforpreliminaryef?uentlimits(PELs).ltisL/EWWTP’spositionthatthesedownstreampennitsshouldnotbeincludedinthemodelingforourpermitlimits.L/EWWTPstaffhascommentedextensivelyonthesepermits,andtheWQCDhassinceagreedtoremovethesefacilities’?owsfromL/EWWTP’spermit.Thebiggestwinfromthisisthattheconceptofreservecapacityisdead.DavidRobbinsnotedhowHill&RobbinsandL/EWWTPstaffmountedasigni?cantcampaigntocollaboratewithotherdischargersaroundthestatetojoininandwritelettersopposingthisconcept.DanmentionedthatforthepermitsthatareoktomodelwithL/EWWTPsomespeci?cpollutants(thosethatarenotpollutantsofcommonconcernorforwhichthedownstreamfacilitieshavestringentlimitations)downstreamfacilityflowswillnotbeincludedinthecalculationsforourpermit.Theseparametersincludecyanide,temperature,andTIN.ThisisimportantbecauseL/EWWTPissubjecttoBarr-Miltonregulation,andsubjecttotheSegment14TotalMaximumDailyLoad(TMDL)forTIN;sowhennewfacilitiescomeinfordischargepermitstheyareessentiallynotgivenaloadallocation.DannotedaquickupdateonTemperature.TheWQCDhadreachedouttoL/EWWTPandMetroWastewaterregardinga?shstudyontheJohnnyDarter,whichisoneofthemoresensitivewarmwater?sh.DanmaybecomingbacktotheCommitteelookingforsupportonthisstudy.Fundsareallocatedinthe2017EnvironmentalComplianceBudgetforthisstudy.DandiscussedhowthisstudywouldbecompletedbyColoradoStateUniversity(CSU).EricKeckaskedifwehavealreadydoneastudyontheJohnnyDarter.DavidRobbinsPage 171 of 385 NHNUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page6of7clari?edthattheymostrecentstudywascompletedonevaluatingthe?shscienceonthespeciesknowntoexistinSegment14.NewandUpdatedConnectorAddendumsStatusUpdate—TimGrossbachTimGrossbachupdatedtheCommitteeonthestatusoftheConnectorAddendums.AllbutoneoftheEnglewoodConnectorServiceAgreementAddendumswereapprovedbytheEnglewoodCityCouncilonApril17,2017.TheexceptionwastheCherryvaleSanitationDistrictAddendum,whichwasjustrecentlysigned.TheCherryvaleAddendumwillbepresentedtotheEnglewoodCityCouncilforfirstreadingonJuly5,2017.TimnotedthatfouroftheAddendumsareintheprocessofbeingrevised.Thesefour,CherryHillsVillageSanitation,SouthArapahoeSanitation,SouthgateSanitationandtheCityofSheridan,wereoriginallysignedandretumedtoL/EWWTPwithoutanycomment.Sincethen,otherConnectorAddendumshaveincludedadditionalchanges,andthereforethesefourneedtobeupdatedtomakethemconsistentwiththeotherAddendums.TheCherryvaleSanitationDistrictAddendumandthefourrevisedAddendumswerepresentedtotheEnglewoodWater&SewerBoardonMay9,2017.TheywillnotbeofficiallyapproveduntiltheWater&SewerBoardMeetingminutesareapprovedonJune13,2017.TheCherryvaleSanitationDistrictAddendumandthefourrevisedAddendumswillbepresentedtotheEnglewoodCityCouncilforfirstreadingonJuly5,2017andforsecondreadingonJuly17,2017.AllbutoneoftheLittletonConnectorServiceAgreementAddendumswereapprovedbytheLittletonCityCouncilonsecondreadingonMay16,2017.TheexceptionwastheKenCarylRanchAgreementAddendum,whichwasjustrecentlysigned,andincludesanInterpretativeMemorandumprovidedbytheKenCarylRanehlegalgroup.ThisInterpretativeMemowaspresentedtoHill&Robbinsforlegalreview,andtheircommentswereincorporatedintotheagreement.KenCarylRanchAgreementAddendumwillbepresentedtotheLittletonCityCouncilforfirstreadingonJune27,2017andforsecondreadingonJuly18,2017.MarkRelphconfirmedthattheJune27”‘LittletonCityCouncilmeetingwillbearegularsession.TheMunicipalCodewasapprovedbybothCityCouncilsinearlyAprilforfirstreading.Asthenextstep,EPArequiresa30-daypublicnoticeperiod.L/EWWTPstaffdoesnotknowwhenEPAwillnoticetheMunicipalcodechanges.DavidRobbinssuggestedsubmittingtoEPAashortletteraskingEPAtonoticethecodechanges.LIEWWTPEnergyUsageGraph—JimTallentJimTallentbrie?ydiscussedtheLIEWWTP'senergyusagegraphwiththeCommittee.L/EWWTPisactivelyinitiatingelectricalconservationprograms.ThroughApril2017L/EWWTPhasreduceditselectricalusageby2.8%fromthesameperiodlastyear.Thisis12%lowerthanthebaselineyearof2007.L/EWWTPisalwayslookingatwaystolowerelectricalusagetoreducethecostpertreatmentunit.TheL/EWWTP’sannualelectricalexpendituresarecurrentlyestimatedat1.2milliondollars.Page 172 of 385 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page7of7JointCouncilActionItemsStatusUpdate—DennisStoweDennisStowediscussedupdatesontheJointCouncilActionItemsfromthemeetingonMarch9,2017.Denniscon?rmedthenextJointCouncilMeetingwouldoccuronThursday,August17,2017.BothMarkRelphandEricKeckcon?rmedthisdatefortheirrespectiveCouncils.DennisnotedtheUseTaxMemocompetition.DennisupdatedtheCommitteeontheBennettproperty.Thereisanappraisalbeingcompletednowandwillbereadywithinacoupleofweeks.JohnKuosmanisreviewingthepreliminaryleasefromanenergycompanyinterestedinusingthepropertyforasolarfarm.L/EWWTPshouldbeabletomoveforwardwithevaluatingthatsoon.Dennismentionedtheupcomingplant,farmandindustrytours.BrendaVamernotedthatL/EWWTPstaffarecurrentlysolidifyingtimelinesforthesetoursandplanonsendingoutaninvitationtothetwoCityManagerstodistributetotheirCouncilswhenthesetimesare?nalized.DennisnotedtheapprovalforthePopulationStudyfromthismeeting,whichwillmoveusforwardonthe?owandloadstudy.FeedbackonNewLayoutofMonthlyReport—-DennisStoweOnbehalfofJohnKuosman,DennisStoweaskedtheCommitteeforfeedbackonthenewlayoutoftheMonthlyProgressReport.EricKeckstatedthatheappreciatedhavingthematerialssentoutaheadoftime,asthisiscriticalfortheCommittee’sunderstanding.MarkRelphagreed.EriclikedhowL/EWWTPistakingadditionaltimefortheinformationalitemsbecausethishaspromptedquestionsfromtheCommittee.Speci?cally,EricnotedhowimportantitwastohearfromDanDeLaughterbecausethetopicsheisinvolvedwithhavelargecostimplicationsiftheyarenotmanagedcorrectly.FeedbackonSlateCommunications—BrendaVarnerBrendaVarneraskedEricKeckandMarkRelphifitwouldbeappropriatetoreachouttothetwocities‘mayorsandaskfortheirfeedbackinregardstotheLIEWW'l'P’srebrandingeffortscurrentlybeingconductedbySlateCommunications.BothEricandMarkagreedthatthiswouldbeacceptable.IV.ADJOURNMENTThenextSupervisoryCommitteemeetingisscheduledforThursday,June15,2017.Thismeetingwillbeheldat9:00amattheLittleton/EnglewoodWastewaterTreatmentPlant.Adjoumedat10:12amRecordingSecretarySignatureBrendaJ.erThe1/11‘WWTPSupervisoryCommitteeapprovedtheWorkforceAlignmentandStrategyAdvirementServicesAgreementwithCorollaEngineers,Ine.,intheamountof$100,000,viaemailvoteonMonday,May22,2017.EricKeck,MarkRelplt,DaveHenderron,BrentThompsonallayes,nonays.The1/5WWTPSupervisoryCommitteeapprovedthesemeetingminutesviaemailanThurrdoy,JuneI,2017andFriday,June2,2017.EricKeck,MarkRelph,DaveHenderson,BrentThompsonallayes,nonayr,minutesapproved.Page 173 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA /17-10 Consulting Services at L/E WWTP PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/17-10 Workforce Alignment and Strategy Advisement Services Master Agreement for L/E WWTP $ 100,000 (not to exceed) This Professional Services Agreement (the “Agreement”) is made as of this 15th day of June, 2017, (the “Effective Date”) by and between Carollo Engineers, Inc., a Delaware corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Schedule A (the “Statement of Work”) for City, and in such additional Statements of Work as may be Page 174 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA /17-10 Consulting Services at L/E WWTP executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services in the State of Colorado. Consultant agrees to exercise professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Page 175 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA /17-10 Consulting Services at L/E WWTP Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in this Section 8. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with Page 176 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA /17-10 Consulting Services at L/E WWTP the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. However, Consultant shall be entitled to keep one (1) copy of any such property, including Confidential Information, that Consultant used and relied upon in undertaking the services required hereunder. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder, which Consultant shall be entitled to use and rely upon. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-101 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances Page 177 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA /17-10 Consulting Services at L/E WWTP surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants Page 178 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA /17-10 Consulting Services at L/E WWTP shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in accordance with the standard of care delineated in Section 3 (a) . (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee to the extent caused by : (1) any negligent act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. Notwithstanding the foregoing, in the event the subject action alleges negligence on the part of Consultant and/or City, or any third party not under contract with Consultant, Consultant’s obligations regarding City’s defense under this paragraph include only the reimbursement of the City’s reasonable defense costs incurred to the extend od Consultant’s negligence as expressly determined by a final judgment, arbitration, award, order, settlement, or other final resolution. Consultant shall not be responsible for breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s sub consultants, that impact project completion and/or success (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation Page 179 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA /17-10 Consulting Services at L/E WWTP shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. Page 180 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA /17-10 Consulting Services at L/E WWTP (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured, except as to Worker’s Compensation and Professional Liability/Errors and Omissions Insurance. Each certificate of insurance shall provide that the issuing company shall not cancel or reduce, the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation or reduction has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual Property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake Page 181 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA /17-10 Consulting Services at L/E WWTP additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the Page 182 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA /17-10 Consulting Services at L/E WWTP affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other supplier’s services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing Page 183 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA /17-10 Consulting Services at L/E WWTP work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub- consultant if, within three days of receiving notice required pursuant to this paragraph the sub-consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. (f) Estimates and Projections: In providing options of cost, financial analyses, economic feasibility projections, and schedules for potential projects. Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that my affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultants’ opinions, analyses, projections, or estimates. Page 184 of 385 Page 185 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA /17-10 Consulting Services at L/E WWTP SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL This Schedule is attached to and made a part of the Professional Services Agreement dated _________________, 2017, between the City of Englewood (CITY) and Carollo Engineers, Inc. (CONSULTANT) for professional services for the Workforce Alignment and Strategy Advisement Services Master Agreement. 2. NAMES OF PROJECT COORDINATORS The City’s Project Manager will be Cindy Goodburn. The Consultant’s Project Manager will be David Pier, P.E. 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The Consultant will provide technical support and expertise to support the Littleton Englewood Wastewater Treatment Plant (LE WWTP) with respect to Workforce Alignment and Strategy Advisement Services through a series of Task Orders as more specifically described herein. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The CITY will provide data and information requested by the CONSULTANT, if available. 5. OTHER CONSULTANT RESOURCES The CONSULTANT will provide the management and technical expertise to complete the scope of work described below. These individuals consist of the following but are not limited to; project management, technical experts in wastewater treatment operations, maintenance, engineering, and utility management. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The CONSULTANT’s scope of work includes the following tasks and deliverables. Task Order 1 – Wastewater Utility Leadership Competencies Audit Task 1.1 – Project Management for Task Orders 1 and 2. The CONSULTANT shall provide project management services, which include the following tasks:  Prepare progress reports and invoices.  Maintain and monitor project scope, budget, and schedule.  Provide administrative guidance and supervision of staff, including project planning. Page 186 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA /17-10 Consulting Services at L/E WWTP Task 1.2 – Project Kick-off Meeting. The CONSULTANT will coordinate and facilitate a project kickoff meeting to review the scope of work, project schedule and develop and define the CITY’s goals and objectives for Task Orders 1 and 2. The kickoff meeting will briefly review existing documentation, identify utilities and sources of data to consider, and benchmark data from other utilities. The CONSULTANT shall prepare and provide the meeting agenda and meeting summary to the CITY. Task 1.3 – Develop SWOT Assessment Framework. The CONSULTANT will develop a draft strengths, weaknesses, opportunities, and threats (SWOT) assessment framework to determine how the LE WWTP performs relative to industry best practices for wastewater utility leadership competencies. The CONSULTANT will meet with the CITY to review and refine the draft. The CONSULTANT will revise and finalize the SWOT assessment framework based on input and feedback from the meeting. Task 1.4 – Conduct Interviews. The CONSULTANT will conduct up to 8 one-on-one interviews with LE WWTP staff or cross-functional focus groups to populate the SWOT Assessment using the framework from the previous task. The CONSULTANT assumes each interview will last up to 1 hour. Task 1.5 – Draft Wastewater Utility Leadership Competencies Audit. The CONSULTANT will develop a draft Wastewater Utility Leadership Competencies Audit using the SWOT assessment, based on the results of the interviews from the previous tasks. Task 1.6 – Revise and Finalize Wastewater Utility Leadership Competencies Audit. The CONSULTANT will meet with the CITY to discuss the draft Wastewater Utility Leadership Competencies Audit, then finalize the Wastewater Utility Leadership Competencies Audit using input from the meeting and written comments received from the CITY. Deliverables for this Task Order include the following:  Monthly Progress Reports and Invoices; PDF files provided by email to the CITY’s Project Manager.  Meeting agendas, meeting summaries; PDF files by email.  Interview summaries; PDF files by email.  Draft Wastewater Utility Leadership Competencies Audit; five (5) copies will be provided on request along with PDF files.  Final Wastewater Utility Leadership Competencies Audit; five (5) copies will be provided along with PDF files. Task Order 2 – Wastewater Utility Leadership Competencies Recommendations Task 2.1 – Draft Recommendations. CONSULTANT will develop a draft list of recommendations in matrix form, cross-referenced against the SWOT analysis from the Wastewater Utility Leadership Competencies Audit, with a recommended set of priorities to address competencies identified in the benchmarking process from Task Order 1. The draft matrix will be sent to the CITY's Project Ma nager for review and revision in advance of the Task 2.3 workshop. Page 187 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA /17-10 Consulting Services at L/E WWTP Task 2.2 – Recommendations Workshop. A half-day workshop will be held at the LE WWTP to discuss, review, and refine the recommendations matrix and to refine the priorities for implementation. Task 2.3 – Recommendations Memorandum. CONSULTANT will develop a draft project memorandum to document the recommendations as further developed at the workshop. CONSULTANT will address CITY comments, and issue a final memorandum. Deliverables for this Task Order include the following:  Monthly Progress Reports and Invoices; PDF files provided by email to the CITY’s Project Manager.  Meeting agendas, meeting summaries; PDF files by email.  Draft Recommendations Memorandum; five (5) copies will be provided on request along with PDF files.  Final Recommendations Memorandum; five (5) copies will be provided along with PDF files. Task Order 3 – Implementation of Highest Value Recommendations Task Order 3 will include implementation of the highest value recommendations from Task Order 2, as directed by the CITY upon conclusion of Task Order 2. An allocation of project funding has been reserved for this Task Order. Deliverables are to be determined based on the findings and recommendations of previous Task Orders. 7. SPECIAL TERMS, IF ANY None identified. 8. MODE OF PAYMENT The CITY and CONSULTANT have established a not-to-exceed budget of $100,000 for the scope of services described in this letter. CONSULTANT shall submit the deliverables for Task Orders 1 and 2 within six (6) months from written Notice to Proceed. 9. PAYMENT SCHEDULE CITY will pay CONSULTANT for the work in accordance with the following payment schedule. All payments to CONSULTANT are contingent on CONSULTANT’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon CITY’s written confirmation to CONSULTANT that the Deliverables-Milestones have been satisfied. Performance Milestone Payment Schedule % of Total Budget Notice to Proceed $0 0% Page 188 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA /17-10 Consulting Services at L/E WWTP Kick-Off meeting conducted and minutes submitted to CITY. SWOT Assessment Framework submitted to CITY. Invoice #1 includes project management, Task 1.2, and Task 1.3 services. $12,000 12% Conducted interviews and submitted summaries to the CITY. Submitted draft WULC Audit to the CITY. Invoice #2 includes project management, Task 1.4, and Task 1.5 services. $18,000 18% Submitted final WULC Audit to the CITY. Invoice #3 includes project management, Task 2.4, and Task 2.5 services. $6,200 6.2% Submitted Draft Recommendations to CITY. Held Recommendations Workshop. Invoice #4 includes project management, Task 2.1, and Task 2.2 services. $15,400 15.4% Final Recommendations Memorandum submitted to CITY Invoice #5 includes final payment. $8,400 8.4% Task Order 3 Deliverables (To Be Determined) $40,000 40% TOTAL $100,000 100% 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by CONSULTANT. Page 189 of 385 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 17 PSA /17-10 Consulting Services at L/E WWTP Performance Milestone Responsible Party Target Date (Calendar days) Task Order 1 Notice to Proceed CITY TBD (Day 0) Kick-Off Meeting CONSULTANT Day 25 Conduct Interviews and On-Site Visits CONSULTANT Day 46 - 50 Draft Wastewater Utility Leadership Competencies Audit CONSULTANT Day 90 Task Order 2 Notice to Proceed CITY Day 110 Draft Recommendations Memorandum CONSULTANT Day 160 11. ACCEPTANCE AND TESTING PROCEDURES Not applicable. 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by CONSULTANT at its regular office located in Littleton or Broomfield, Colorado. CITY will provide the CITY office space and support as it agrees may be appropriate, at its Littleton Englewood WWTP facility. Page 190 of 385 Page 191 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Chong Woo, John Kuosman DEPARTMENT: WWTP DATE: June 19, 2017 SUBJECT: L/E WWTP Service Area Population Study DESCRIPTION: L/E WWTP Service Area Population Study RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council approve, by Motion, a professional services agreement with Economic and Planning Systems Inc. (EPS) to conduct a population study for the L/E WWTP sanitary sewer service area in the amount not to exceed $40,610. This recommendation was approved by the L/E WWTP Supervisory Committee on May 18, 2017. PREVIOUS COUNCIL ACTION: Council approval of the 2017 Littleton/Englewood Wastewater Treatment Plant Budget. SUMMARY: During the March 9, 2017 L/E WWTP Joint Council Meeting, Councils directed staff to conduct an update to the population and flow data for the L/E WWTP service area. A previous population and flow study was conducted as part the 2013 Master Plan update for the facility. The first step in fulfilling the Council request will be to update the population data. This data will then be used to tender services to a qualified consultant to calculate wastewater flow data for the service area. The area of scope would include the two cities, as well as the other 18 connector districts encompassing the approximately 108 square mile boundary of sanitary sewer service. A request for services was solicited from two consultants known in the industry to perform population data and forecast projections. 1. Clarion Associates 2. Economic and Planning Systems Inc. (EPS) Clarion Associates declined to submit a proposal citing that EPS would be better suited to provide services. EPS has submitted a scope of work and proposal. Staff has reviewed the Page 192 of 385 proposed work plan and considers the scope to be in accordance with the project goals and objectives. EPS has relevant experience in real estate development and land use master planning, analyzing growth and market potentials for both private and public sector organizations. EPS has office locations in Colorado and California. Clients have included the City of Denver, City of Los Angeles, and City of Austin. ANALYSIS: The population study planning period will be from 2016-2040. EPS will utilize and review data from a comprehensive list of resources, including: • U.S. Census Bureau and Bureau of Labor Statistics • Arapahoe, Douglas and Jefferson County Assessor records • Englewood and Littleton City information • Sanitation Sewer District information • Sewer Tap data • Commercial and Industrial Real Estate inventory data • DRCOG (Traffic Analysis Zone) TAZ data • Land Use planning data • Parcel Layer information • Floodplain and Topographic maps • Zoning and Planning EPS will develop a combined geographical information system (GIS) database for analysis. The analysis will include estimating the amount of vacant land available, infill and redevelopment opportunities, identify major physical constraints for buildout (i.e., floodplain, elevation slopes, etc.), and asses the market viability of areas. Population data will include both total population and total employment. The goal is to present population forecasts by each city and connector district. Estimated schedule for completion is four (4) months from execution of contract. FINANCIAL IMPLICATIONS: The L/E WWTP Population Study costs will be expended from the 2017 Engineering and Maintenance Division Contractual Services Budget. Costs will be shared by the Cities of Englewood and Littleton. ATTACHMENTS: L/E WWTP Population Study PowerPoint Presentation May 18, 2017 Supervisory Committee Meeting Minutes EPS Professional Services Agreement Page 193 of 385 June 19, 2017 Littleton/Englewood WWTP Sanitary Sewer Service Area Population Study Contract Award Page 194 of 385 L/E WWTP Service Area Districts Page 195 of 385 •Economic & Planning Systems, Inc. •30 Years Experience •Proposal: $40,610 Population Study Page 196 of 385 2017 Budget Page 197 of 385 Questions?Page 198 of 385 /2//4?”LITTLETON/ENGLEWOODWASTEWATERTREATMENTPLANTCityofCityof§:‘;f,f;.,'Z:f‘3.§‘.;',:'.,'§';“;.,oLlttletonEnglewood(ans)762-2500FAX7s2—2a2nMINUTESSUPERVISORYCOMMITTEEMEETINGMay18,201710:00am.ATTENDING:EricKeckEnglewoodCityManagerMarkRelphLittletonCityManager(viaConferenceCall)BrentThompsonCityofLittleton,EngineerDaveHendersonEnglewoodPublicWorksDirectorDavidRobbinsHill&RobbinsMattMontgomeryHill&RobbinsDennisW.StoweL/EWWTPDirectorChongWooL/EWWTPEngineering/MaintenanceDivisionManagerCindyGoodburnL/EWWTPBusinessServicesDivisionManagerDanDeLaughterL/EWWTPEnvironmentalComplianceDivisionManagerJimTallentL/EWWTPTreatmentDivisionManagerShahidMalikL/EWWTPEnvironmentalServicesDivisionManagerTimGrossbachL/EWWTPPretreatmentSpecialistIIBrendaVarnerL/EWWTPExecutiveAssistantGUESTS:CynthiaLanePlatteCanyonWater&SanitationDistrict,AssistantManagerGunterRitterL/EWWTPProjectEngineerSarahReevesBrownandCaldwell1,WELCOME,APPROVALOFPRIORMEETINGMINUTES,ANDFLOWSANDLOADINGSDennisW.Stowe,Littleton/EnglewoodWastewaterTreatmentPlant(L/EWWTP)Director,openedtheMaymeetingwithreviewandapprovaloftheApril20,2017SupervisoryCommittee(Committee)meetingminutes.ACTIONTAKEN—TheSupervisoryCommitteeapprovedtheminules?omtheApril20,2017SupervisoryCommitteemeeting.DaveHendersunmoved,EricKeckrewnded,allinfavar.Therecordingsecretary,BrendaVamer,notedthatthemeetingminutesfortheMay18,2017meetingwillneedelectronicapprovalsothattheycanbeattachedtoCouncilCommunicationsfortheJune19,2017EnglewoodCouncilmeeting.BrendawillsubmitmeetingminutesforapprovaltoCommitteemembersviaemail.Thisprocesswillbeuseduntilproceduresthataremoreefficientareidentified.DennisStowesummarizedthe?owsandloadingstotheLIEWWTP.TheL/EWWTPaveragedatotal?owof21.0milliongallonsperday(mgd)duringthemonthofApril2017.Themonthly?owaverageincreasedby0.9Page 199 of 385 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page2of7mgdfromMarch2017.Thesplitoftheaveragemonthly?owsforthecitiesofLittletonandEnglewoodrespectivelywere42.1%and579%.ll.ACTIONITEMSforPresentationPopulationStudy—ChongWooChongWooreviewedtheMarch9,2017JointCouncilMeeting.Atthemeeting,theCouncilsdirectedL/EWWTPtoupdatethepopulationstudyand?owdatafortheLIEWWTPservicearea.L/EWWTPsolicitedarequestforservices?omtwoconsultantsknownintheindustrytoperformpopulationdataandforecastprojections,ClarionAssociatesandEconomicandPlanningSystems,Inc.(EPS).Clariondeclinedtosubmitaresponse,statingthatEPSwouldbebetterequippedandquali?edtoprovideservices.L/EWWTPstaffhavereviewedEPS’sresponse,andhavedeterminedthattheproposalmeetsL/EWWTP’:goalsandobjectives.Thepreviouspopulationstudywascompletedaspartofthe2013L/EWWTPMasterPlan.Inthisanalysis,datawascollectedfromDRCOG'sTrafficAnalysisZone(TAZ)information,andthecity'scensusdata.Forthisnewstudy,EPSwillincorporatemanyotherdatasourcesinadditiontothedatasourcesusedprior.EPSwillcompileallofthisdataandputitintooneGISdatabaseforanalysis.EricKecknotedthattheEPSstudywillgowellbeyondWhattheL/EWWTPhasusedinthepasttoanalyzepopulationgrowth;andthisstudywillultimatelyhelpwhomeverselectedtocomplete?owprojections.MarkRelphaskedChongtoreachouttothesanitationdistrictstomakesurethattheyareinvolvedinthisprocess.ACTIONTAKEN—TheSupervisoryCommitteeapproved[/15WWTP’srecommendationofaprofessionalservicesagreementwithEconomicandPlanningSystems,Inc.,intheamountnottoexceed$40,610.00toconductapopulationstudyfortheIJEWWTPservicearea.EricKeckmoved,DaveHendersonsecondedallayes,nonays,approvedbyallIJEWWTPstaffwillpresenttotheEnglewoodCityCouncilforconsideration.WorkforceAlignmentandStrategyAdvisementServices—CindyGoodburnCindyGoodbumbrie?ydiscussedtheWorkforceAlignmentandStrategyAdvisementServicesProject(formerlyknownastheSta?ingandSpaceNeedsAssessment)withtheCommittee,Themainchangestothescopeoftheprojectweretochangeitstitle,removespaceneedsfromthescopeofwork,andseparatethescopeofworkintothreeseparatetasksaspartofTaskOrdercontract.ThethreetasksnowgiveL/EWWTPoptions,attheendofeachtask,todecidewhethertoproceed.CindyaskedtheCommitteetodelayconsiderationofthisitemuntilshecoulddiscussinfurtherdetailwithJohnKuosman,L/EWWTPDirector.Cindyproposedvotingelectronicallyonthisactionitem.EricKeckaskedfortheCommittee,priortovoting,tobeprovidedwithanamendedscope,anarrativesummaryofthechangesmadefromthetimetheCommitteefirstsawthepresentation,andasummaryofthekeyaspectsofthedeliverablesfromCarollo.ACTIONTAKEN—EricKeckmadeamotiontohavetheUHWWTPstaffpreparethematerialsrequestedbytheSupervisoryCommitteeandsentelectronicallytotheCommittee.OncethereceivedtheSupervisoryCommitteewillvoteonthesematerialstoallowtheWorkforceAlignmentandStrategyAdvisementServicesProjecttomoveforwardtotheEnglewoadCityCouncilforapproval,soresultscanbesharedattheAugustJointCouncilmeeting.MarkRelphsecondedallayes,nonays,approvalbyulLPage 200 of 385 MINUTESSUPERVISORYCOlVllV[[TTEEMEETINGMay18,2017Page3of7III.InterceptorOwnershipDelineationIntergovernmentalAgreement—ChongWooChongWoodiscussedtherecommendationtoformalizetheagreementsbetweenL/EWWTP,theCityofEnglewood,theCityofLittleton,andtheValleySanitationDistrict.PreviousdocumentationdidnotclarifythedelineationofownershipoffourinterceptorscomingontotheLIEWWTPsite.TheL/EWWTPstaffandHill&RobbinshavebeenworkingwiththeCityofLittleton,CityofEnglewood,andtheValleySanitationDistricttodelineateownershipoftireinterceptors.L/EWWTPstaffwouldliketo?nalizetheagreementwiththeCityofEnglewood(CityofLittletonalreadyapprovedbyseparateordinance)andValleySanitationDistrictinJune2017.EricKeckthankedtheL/EWWTPstaffforprovidingexhibitsshowingtheinterceptorsandpipelines.ACTIONTAKEN—TheSupervisoryCommitteeapprovedtheMemosofUnderstanding(MOUS)withValleySanitationDistrictandtheCityoflfnglewood,whichdelineatetheOwnershipoftheInterceptorLines,whichconveyflowtotheI./EWWTP.DaveHendersonmoved,MarkRelphsecondedallayes,nonays,approvedbyall.L/EWWTPstaffwillpresenttotheEnglewoodCityCouncilforconsiderationa?erapprovalsbytheWaterandSewerBoard.INFORMATIONALITEMSforPresentationUseTaxApplicabilityAssessmentStatusUpdate—MattMontgomeryMattMontgomerydiscussedhis?m1’sresearchonusetaxes.Hill&Robbinshasconcludedthat,asamatteroflaw,theCityofEnglewoodmayimposeusetaxesonitselfandtheCityofLittletonderivedfromthebuildingandconstructionmaterialsfurnishedbyindependentcontractorstotheL/EWWTP.Mattnoted,however,thatwhetherornottheCityofEnglewoodshouldimposethesetaxesontheCityofLittletonanditselfarepoliticaldecisionswithinthediscretionoftheEnglewoodCityCouncilunderitsArticleXXpowers.Hill&Robbins,ascounseltotheL/EWWTP,cannotopineonthispoliticalquestion.EricKeckandMarkRelphappreciatedtheworkHill&RobbinscompletedonthiissuesincetherehasbeensomerecentdebatewithintheCityofEnglewoodinrelationtoUseTax.DennisStowepointedoutthatmostoftheUseTaxcomesfromoumideofthetwoCitiesthemselves.DavidRobbinssuggestedreleasingtheUseTaxMemotobothCityManagersandtheirrespectiveCityAttorneyssotheycoulddecidehowtomoveforwardwiththeirCouncils.BiogasApplicationFeasibilityStudyStatusUpdate-ChungWooChongWoodiscussedtheprogresssincelastmonth’smeeting.TheBiogasApplicationFeasibilityStudyisdesignedtoidentifytechnicalandeconomicopportunitiestoextractrenewableenergyfromtheL/EWWTPdigestionprocess.InApril,CarolloEngineersInc.conductedaworkshoptopresentitsfindingstoL/EWWTPstaff.Carollorecommendedpurchasing,constructing,andoperatingadigestergas-conditioningskidtopurifydigesterbiogastoachieverenewablenaturalgasquality.CarollobelievesthatthisaltemativewillgivetheL/EWWTPtheabilitytosellgasbacktoXcelEnergy,viathenationalpipelinesystemlocatedalongtheNorthsideoftheLIEWWTPpropertyboundary;andthattheL/EWWTPwillseeafullreturnoninvestmentwithin4-7years.Carollodevelopedaninitialcostestimateforthecapitalinvestmentintherangeof$8milliondollars.ThisprojectiseconomicallyfeasibilitybecauseofincentivesprovidedbytheFederalRenewableFuelStandard.RenewableIdenti?cationNumbers(RINs)aregeneratedandtheirproofoftitleistrackedfromtheproducertoPage 201 of 385 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page4of7theenduser.RINsaremonetizedatthetimeofsaleandretiredwhentherenewablenaturalgasisconsumed.ThemonetizationoftheseRlNsallowsforthespeedyreturnofcapitalandoperatinginvestments.IfL/EWWTPwereabletoassumethecun'entrateoftheRINs,theplantwouldseeareturnoninvestmentwithin4years.TheCommitteefurtherdiscussedfundingoptionsforengineeringdesign,legalsupport,brokerageservices,andconstruction.TheL/EWWTPstaffplanstopresentabusinesscasereporttotheCommitteeinJune,totheEnglewoodCityCouncilStudySessioninJuly,andtobothCityCouncilsduringtheAugistJointCouncilmeeting.StrategicOperatingPlan(SOP)StatusUpdate—ChungWooChongWoodiscussedthedevelopmentofa5-yearStrategicOperatingPlan(SOP)thatisdesignedtoprovideL/EWWTPwithaholisticapproachtomeetingthecurrentRegulationNo.85limitsandtoputL/EWWTPinagoodpositiontomeetRegulationNo.31inthefuture.TheSOPintendstoprovidearoadmaptoachieveoperationalexcellence,manageassets,andidentifycapitalimprovementstosustainablyprotectandextendresourcestoensurethelivelihoodofourcommunitiesandtheenvironment.AdditionallytheSOPwilladdresshighestriskofagingassetsandinfrastructure,operationalchallenges(maintenanceandstaffresources),chemicalandenergyintensivenessofprocesses,andresourcerecoveryopportunities.L/EWWTPstaffisaskingforsupportfromtheCommitteetomoveforwardinissuinganRFP(RequestforProposal)assoonaspossible,tohelpselectaquali?edengineeringconsultanttoconducttheproposedSOP.EricKecksuggestedincludinglanguageintheRFPallowingforpolicymaker‘sdirectiontoin?uencethescopeofwork.MarkRelphsuggestedaddinglanguageexplaininghowthepopulationstudyandplantcapacityshouldbecoordinatedintothisproject.RECOMMENDEDACTION—TheSupervisoryCommitteesapportedl./EWWTPstaffmovingforwardwiththeRequestforProposal(RFP)toselectaqualifiedengineeringconsultanttoconducttheproposedStrategicOperatingPlan.EricKeckmoved,MarkRelphsecondedallayes,nonays,approvedbyall.RegulatoryUpdates——DanDeLaughterDanDeLaugl1terupdatedtheCommitteeontheWaterQualityForumWorkgroupprogressandtheupcomingRulemakingHearingprocess.ThemainworkgroupforReg.85hasconcludedandL/EWWTPwassuccessfulintakingcertaintopicsoffofthetable,oneofthosewasthereductionoftheTIN(TotalInorganicNitrogen)limit.ThecurrentproposaltheWaterQualityForumWorkgroupismovingtowardsisanincentiveprogramforearlyreductionsbelowReg.85limits,whichwouldmakepennitteeseligibleforanextendedcompliancescheduleforfutureReg.31limits.Itwouldbeavoluntaryincentiveprogram;L/EWWTP,MetroWastewater,CentennialandtheCityofBoulderhaveallbeenheavilyinvolvedwiththedetailsofthisprogram.RegulatoryproposalsareduetotheWaterQualityControlCommission(WQCC)officebyMay26,2017.TheRulemakingHearingisscheduledforOctober10,2017.PartystatusrequestsareduebyAugust7,2017.DannotedthattherewouldlikelybesomelegalcostsassociatedwiththeRulemakingHearinginOctober;thelegalcostswillbedependentonhowmanypartiesgotinvolved.TheColoradoWastewaterUtilityCouncil(CWWUC)seemstobeleaningtowardssupportingthewastewatergroup.DanrecommendsthatL/EWWTPparticipateintheRulemakingHearingbyrequestingpartystatusinAugustandcontinuetoparticipateinworkgroupmeetings.Page 202 of 385 MINUTESSUPERVISORYCOMIVIITTEEMEETINGMay18,2017Page5of7DavidRobbinsdiscussedhowthisisacriticalissueforL/EWWTPbecausephosphorusandnitrogenremovalaregoingtoeventuallyrequirelargecapitalandoperatingexpensesforcompliance.TheworkthatDanisdoingisintendedtoprovidetheframeworkthatwillallowthedeferralofsomeofmajorregulatorychangesthatcouldpotentiallycostL/EWWTPmorethanahalfabilliondollars.TheL/WWWTPisengagedintheseprocessesandworkgroupstotrytoscienti?callyguidethemtowardlimitingL/EWWTP’sexposureforaslongaswecanwhilestillbeingmindfulofdienetenvironmentalimpacts.DanupdatedtheCommitteeregardingthestatusoftheRulemakingHearingprocessforReg.34andReg.35,whichistheSanJuan/GunnisonBasinRulemakingHearing.L/EWWTPpreviouslyrequestedpartystatusandsubmittedaResponsivePrehearingStatementforthishearing.Atthishearing,thereweresomeproposalsforsite-speci?ctemperaturestandardsandsomeproposalstoremovethewatersupplyusefromsegmentsoftheriver;bothofwhichareofinteresttoL/EWWTP.TheWQCDisnowproposingtokeepthechloridevalueinplaceandremovethesulfatestandardifthewatersupplyusewasremoved.L/EWWTPisinterestedintheseproposalsbecausethesetwoparametersarecontainedinthemetalsaltsthatL/EWWTPmayaddforfuturephosphomsremoval,anditmaybepossibletoremovethewatersupplyuseclassi?cationdesignationfromportionofSegment14future.Inrelationtothesite-speci?ctemperaturestandard,L/EWWTPwasconcernedthatdecisionsbytheWQCCinthishearingcouldsetaprecedentonhowtheWQCDwoulddealwiththisissuestate-wide.Wehaveexpressedourviewsandnoadditionalworkisneededforthishearingatthistime.DanDeLaughterupdatedtheCommitteeondownstreampennitsthatwererecentlyissued.L/EWWTPwasoriginallyissuedwitha5mgdreservecapacity;thesewere?owsfrompotentialdownstreamdischargersthatweremodeledwithL/EWWTPinordertocalculateL/EWWTP’sappropriatepermitlimits.Sincethattime,L/EWWTPhashadextensivenegotiationswiththeWQCDtoremovethisconceptfromL/EWWTP'spermit.TheWQCDrecentlyissuedtwoindustrialpennitswhichhada5mgd“allotment”.Thedifferencebetweenthe“allotment”andreservecapacityconceptsisnowtheWQCDhasidenti?edspeci?cdischargers,butsomeoftheidenti?edpermitsshouldnotbegivenanyassimilativecapacity,particularlyforfacilitiesdischargingundergeneralpermitsorthosethathaveonlyappliedforpreliminaryef?uentlimits(PELs).ltisL/EWWTP’spositionthatthesedownstreampennitsshouldnotbeincludedinthemodelingforourpermitlimits.L/EWWTPstaffhascommentedextensivelyonthesepermits,andtheWQCDhassinceagreedtoremovethesefacilities’?owsfromL/EWWTP’spermit.Thebiggestwinfromthisisthattheconceptofreservecapacityisdead.DavidRobbinsnotedhowHill&RobbinsandL/EWWTPstaffmountedasigni?cantcampaigntocollaboratewithotherdischargersaroundthestatetojoininandwritelettersopposingthisconcept.DanmentionedthatforthepermitsthatareoktomodelwithL/EWWTPsomespeci?cpollutants(thosethatarenotpollutantsofcommonconcernorforwhichthedownstreamfacilitieshavestringentlimitations)downstreamfacilityflowswillnotbeincludedinthecalculationsforourpermit.Theseparametersincludecyanide,temperature,andTIN.ThisisimportantbecauseL/EWWTPissubjecttoBarr-Miltonregulation,andsubjecttotheSegment14TotalMaximumDailyLoad(TMDL)forTIN;sowhennewfacilitiescomeinfordischargepermitstheyareessentiallynotgivenaloadallocation.DannotedaquickupdateonTemperature.TheWQCDhadreachedouttoL/EWWTPandMetroWastewaterregardinga?shstudyontheJohnnyDarter,whichisoneofthemoresensitivewarmwater?sh.DanmaybecomingbacktotheCommitteelookingforsupportonthisstudy.Fundsareallocatedinthe2017EnvironmentalComplianceBudgetforthisstudy.DandiscussedhowthisstudywouldbecompletedbyColoradoStateUniversity(CSU).EricKeckaskedifwehavealreadydoneastudyontheJohnnyDarter.DavidRobbinsPage 203 of 385 NHNUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page6of7clari?edthattheymostrecentstudywascompletedonevaluatingthe?shscienceonthespeciesknowntoexistinSegment14.NewandUpdatedConnectorAddendumsStatusUpdate—TimGrossbachTimGrossbachupdatedtheCommitteeonthestatusoftheConnectorAddendums.AllbutoneoftheEnglewoodConnectorServiceAgreementAddendumswereapprovedbytheEnglewoodCityCouncilonApril17,2017.TheexceptionwastheCherryvaleSanitationDistrictAddendum,whichwasjustrecentlysigned.TheCherryvaleAddendumwillbepresentedtotheEnglewoodCityCouncilforfirstreadingonJuly5,2017.TimnotedthatfouroftheAddendumsareintheprocessofbeingrevised.Thesefour,CherryHillsVillageSanitation,SouthArapahoeSanitation,SouthgateSanitationandtheCityofSheridan,wereoriginallysignedandretumedtoL/EWWTPwithoutanycomment.Sincethen,otherConnectorAddendumshaveincludedadditionalchanges,andthereforethesefourneedtobeupdatedtomakethemconsistentwiththeotherAddendums.TheCherryvaleSanitationDistrictAddendumandthefourrevisedAddendumswerepresentedtotheEnglewoodWater&SewerBoardonMay9,2017.TheywillnotbeofficiallyapproveduntiltheWater&SewerBoardMeetingminutesareapprovedonJune13,2017.TheCherryvaleSanitationDistrictAddendumandthefourrevisedAddendumswillbepresentedtotheEnglewoodCityCouncilforfirstreadingonJuly5,2017andforsecondreadingonJuly17,2017.AllbutoneoftheLittletonConnectorServiceAgreementAddendumswereapprovedbytheLittletonCityCouncilonsecondreadingonMay16,2017.TheexceptionwastheKenCarylRanchAgreementAddendum,whichwasjustrecentlysigned,andincludesanInterpretativeMemorandumprovidedbytheKenCarylRanehlegalgroup.ThisInterpretativeMemowaspresentedtoHill&Robbinsforlegalreview,andtheircommentswereincorporatedintotheagreement.KenCarylRanchAgreementAddendumwillbepresentedtotheLittletonCityCouncilforfirstreadingonJune27,2017andforsecondreadingonJuly18,2017.MarkRelphconfirmedthattheJune27”‘LittletonCityCouncilmeetingwillbearegularsession.TheMunicipalCodewasapprovedbybothCityCouncilsinearlyAprilforfirstreading.Asthenextstep,EPArequiresa30-daypublicnoticeperiod.L/EWWTPstaffdoesnotknowwhenEPAwillnoticetheMunicipalcodechanges.DavidRobbinssuggestedsubmittingtoEPAashortletteraskingEPAtonoticethecodechanges.LIEWWTPEnergyUsageGraph—JimTallentJimTallentbrie?ydiscussedtheLIEWWTP'senergyusagegraphwiththeCommittee.L/EWWTPisactivelyinitiatingelectricalconservationprograms.ThroughApril2017L/EWWTPhasreduceditselectricalusageby2.8%fromthesameperiodlastyear.Thisis12%lowerthanthebaselineyearof2007.L/EWWTPisalwayslookingatwaystolowerelectricalusagetoreducethecostpertreatmentunit.TheL/EWWTP’sannualelectricalexpendituresarecurrentlyestimatedat1.2milliondollars.Page 204 of 385 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page7of7JointCouncilActionItemsStatusUpdate—DennisStoweDennisStowediscussedupdatesontheJointCouncilActionItemsfromthemeetingonMarch9,2017.Denniscon?rmedthenextJointCouncilMeetingwouldoccuronThursday,August17,2017.BothMarkRelphandEricKeckcon?rmedthisdatefortheirrespectiveCouncils.DennisnotedtheUseTaxMemocompetition.DennisupdatedtheCommitteeontheBennettproperty.Thereisanappraisalbeingcompletednowandwillbereadywithinacoupleofweeks.JohnKuosmanisreviewingthepreliminaryleasefromanenergycompanyinterestedinusingthepropertyforasolarfarm.L/EWWTPshouldbeabletomoveforwardwithevaluatingthatsoon.Dennismentionedtheupcomingplant,farmandindustrytours.BrendaVamernotedthatL/EWWTPstaffarecurrentlysolidifyingtimelinesforthesetoursandplanonsendingoutaninvitationtothetwoCityManagerstodistributetotheirCouncilswhenthesetimesare?nalized.DennisnotedtheapprovalforthePopulationStudyfromthismeeting,whichwillmoveusforwardonthe?owandloadstudy.FeedbackonNewLayoutofMonthlyReport—-DennisStoweOnbehalfofJohnKuosman,DennisStoweaskedtheCommitteeforfeedbackonthenewlayoutoftheMonthlyProgressReport.EricKeckstatedthatheappreciatedhavingthematerialssentoutaheadoftime,asthisiscriticalfortheCommittee’sunderstanding.MarkRelphagreed.EriclikedhowL/EWWTPistakingadditionaltimefortheinformationalitemsbecausethishaspromptedquestionsfromtheCommittee.Speci?cally,EricnotedhowimportantitwastohearfromDanDeLaughterbecausethetopicsheisinvolvedwithhavelargecostimplicationsiftheyarenotmanagedcorrectly.FeedbackonSlateCommunications—BrendaVarnerBrendaVarneraskedEricKeckandMarkRelphifitwouldbeappropriatetoreachouttothetwocities‘mayorsandaskfortheirfeedbackinregardstotheLIEWW'l'P’srebrandingeffortscurrentlybeingconductedbySlateCommunications.BothEricandMarkagreedthatthiswouldbeacceptable.IV.ADJOURNMENTThenextSupervisoryCommitteemeetingisscheduledforThursday,June15,2017.Thismeetingwillbeheldat9:00amattheLittleton/EnglewoodWastewaterTreatmentPlant.Adjoumedat10:12amRecordingSecretarySignatureBrendaJ.erThe1/11‘WWTPSupervisoryCommitteeapprovedtheWorkforceAlignmentandStrategyAdvirementServicesAgreementwithCorollaEngineers,Ine.,intheamountof$100,000,viaemailvoteonMonday,May22,2017.EricKeck,MarkRelplt,DaveHenderron,BrentThompsonallayes,nonays.The1/5WWTPSupervisoryCommitteeapprovedthesemeetingminutesviaemailanThurrdoy,JuneI,2017andFriday,June2,2017.EricKeck,MarkRelph,DaveHenderson,BrentThompsonallayes,nonayr,minutesapproved.Page 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San:3353.39.:__a%m=%a_.m<_m,2. mvw<<___cum.6u..2mmm_o:m__.:n_n3a:.8_.ooo:o=mEm omumo=<.cmmmnman8u.no<§ _.o«mnmw.m58mnmnoaamaamano.6uou..__m=o:manm3u_o<3m:.moqmnmm..2 =5 mmqsnmmam. ...~Imowmnmmn3.musinm>3» ._._..m338%<2.m_mocmm__oom$a8:5nono::mo.o..n=m=.§m.mum<<___u3<am8.m_ uou..__m=o:man.o»m_m3v_o<=_m=..OE.ncnma ::nm_.m.m:n=:n3=5»:6 Cm <<<<.:u comm:2_.ma:_..mmm..=._m.mm3m3u_o<:._m:.S‘_:9._m5> 3Emno.2.mm5.:mo:mnE_om303:6SE.:3 DE‘manCm <<<<du man8 6592 :5man:833_.momm.m._uo__o<s:uEm.3mm=:m_so ioca 326 Hi _.msm_o:mman can...Emumnsomanon. ._.umx9mono:man_uBmm:.u=o:m mum<<=_Emumnmm.55anon3..Emiucgoa8 =5 cm <<<<._._umanm mam.Sue:mama _.mom_<.:m26mm,2oo:mo__n_m8n_oo3_.:m_.:m2.03 So Em <<<<._..u.mum m_mou3<amm u$mo:S=o:onSoarmmmmmo:5:...=..mmuuaouamnm8%man:mmEm cm<<<<.:um:um2_moQ Oo:=:_=mmwomano_.0.20950:. mumn_>_.qmmgm.=....>z< Z\> goumom_u><zmz4 m9.:6mmm_omm_.snmmumaonsma.Em0_._.<mnnmmm8RE Em oozmcS>z..‘mom:9 8 mxnmmaipms:uo:<Eocmmaam.x3:33..8:man~m..onmimv. _u><_<_mz4mozmocrm O5‘5.:um<Oo_._m:=m331:...So}5monoamaom<35 Em 8__o<<_:uum<3m:.mn.._mn_:_m.>__ um<3m:.m8oo:mc=m_.:manoazanma.onoo:m:_.m3.m mm=w__<_=nSmUm__<m«mu_mm=s__om8:mm mm.8:....3=5_um<3m:.mo_..mn:_m._um<:_m:?m:m__anamnmcue:0=<.m§._=m:no:_._==m..o= 8Oo:m:_.m_...Em.Em_um=<m_.mu_mm._s._mm8:mm:96 cam:mmzmmoa. oozmcZ>z4mam:umE3onm:25man:._m.m.._m_mamm?mnnoaim8 Sm :oc.._<a 3..um_.mo::m_man_.m.mm3..S.39=mma_mmxumzmmm$3..cm_o§ 88m2.._as8n_uu:.im<.m:u_m<<ooa.no_o_.mnoS.3.83 $9:3389<szi.m:o_m<3oauo<.oB G main?.5 hr Page 220 of 385 Page 221 of 385 Page 222 of 385 Page 223 of 385 Page 224 of 385 Page 225 of 385 Page 226 of 385 Page 227 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Henderson DEPARTMENT: Public Works DATE: June 19, 2017 SUBJECT: Award Pre-Construction Services for Police Headquarters DESCRIPTION: Award Pre-Construction Services for Police Headquarters RECOMMENDATION: Staff recommends Council award, by motion, a Contract (AIA Document 133) with Adolfson & Peterson Construction for Construction Management and General Contractor services for the Police Headquarters project. Tonight's award will authorize Pre-Construction Services only in the amount of $55,076.00. PREVIOUS COUNCIL ACTION: Council approved an ordinance setting forth the ballot language and submitting to a vote of the registered electors a General Obligation Bond (GOB) for the construction of a new Englewood Police Department Headquarters. Ballot issue 2C was passed by the voters on November 8, 2016. Council approved a professional services contract with Stifel, Nicolaus & Company for underwriting services associated with the sale of General Obligation Bonds for the Englewood Police Headquarters building on December 19, 2016. Council approved a resolution declaring its intent to reimburse City funds spent on the Englewood Police Department Headquarters from the proceeds of the issuance of Municipal Bonds on January 3, 2017. Council approved, by motion, a professional services contract with CBRE for project management and workplace strategy services on January 17, 2017. Council approved, by motion, a professional services contract with DLR Group for architectural and engineering services for the Englewood Police Headquarters on April 17, 2017. Council approved Ordinance No. 30, Series 2017 approving the issuance of General Obligation Bonds on May 4, 2017. Staff provided project updates at several study sessions in 2017. Page 228 of 385 SUMMARY: The City publicly advertised a Request for Qualifications (RFQ) and received five responses from construction firms. A selection team, consisting of the Chief of Police, City Manager, Public Works Director, and four Englewood Police Department Division Managers, reviewed responses to the RFQ and interviewed a short list of three top qualified companies. The selection team recommends Adolfson & Peterson. ANALYSIS: The selection process was guided by our project management partner, CBRE, and was performed in accordance with the City's "Purchasing Policies and Procedures". CBRE, working closely with city staff, prepared an RFQ that was publicly advertised on BidNet. Five responses were received on the May 2, 2017 due date. The selection team reviewed and scored all responses (see attached RFQ Score Sheet). Responses were evaluated based on the criteria listed in the RFQ with a maximum possible score of 120 points as summarized below: Firm Profile (15 points) Ability to manage a project of this size, financial rating, bonding capacity, relevant public project experience. Project Staffing Commitment (15 points) Similar past project type and size, years of experience, time commitment during pre- construction and construction, superintendent experience. Project Approach (20 points) How well does the company work with design teams (collaborative and offering recommendations), managing construction adjacent to operating facility, keeping within project budget, providing unique capabilities and community engagement. Cost Estimating (20 points) Resume of pre-construction manager, Guaranteed Maximum Price comparisons to original estimates. Scheduling (10 points) Full understanding of Critical Path Milestones, Superintendent's management of schedule Quality Control (10 points) Understanding pre-construction quality control, quality control during construction, change order history, closeout procedure. GC & Fee (10 points) Fee markup comparison. Market Resources (10 points) Subcontractor list, reaching out to local subcontractors in Englewood. Sustainability (5 points) Sustainable building practices. References (5 points) Solid reference letters that relate to our project. The top three firms were invited to an interview (see attached Interview Score Sheet). This contract will be awarded in two phases. Phase I (this action) will award pre-construction services. During the design phase, the construction manager provides input to the design team regarding constructability including scheduling, pricing, and phasing. Project estimates will be Page 229 of 385 provided at the 25% (schematic design), 40% (midpoint of design development), and at 60% (compete design development). The contractor will provide a Guaranteed Maximum Price (GMP) at this 60% stage. The GMP will be presented to City Council for approval at which point the construction manager becomes the general contractor. FINANCIAL IMPLICATIONS: Adolpson & Peterson's overall fee (based on a $20.4 million construction cost) is $1,733,051.83. This was the second lowest total fee proposal received (see attached Bid Summary) and the lowest of the three firms selected for an interview. The pre-construction cost proposal, in the amount of $55,076, is included in the overall fee above. Funding for the pre-construction phase is available from the General Obligation Bonds. ATTACHMENTS: RFQ Score Sheet Interview Questions Interview Score Sheet Bid Summary-Fee Proposal AIA Contract with Adolfson & Peterson General Conditions of the Contract Exhibits A,B,C,D,E,F Page 230 of 385 RFQ/P Score Sheet Englewood Police HQ CM/GC Team RFQ/P Scoring May 05, 2017 Adolfson & PetersonCalcon ConstructionFransen PittmanHaseldenMark YoungFirm Profile Qualification Statement (A305) Section 4 Bonding Capacity, Location 6 5.00 4.29 3.86 5.43 4.43 Contractor Score (Based upon Financials)5 5.00 4.86 2.71 5.00 5.00 Company Profile of proejcts 4 3.14 2.57 2.57 3.71 3.14 Staffing Commitment Project Manager 10 6.57 7.00 5.14 7.86 5.57 Superintendent/Others 5 4.29 3.71 3.86 4.43 3.29 Project Approach Pre-Construction Services 5 4.43 3.57 3.57 4.71 3.29 Safety Plan 5 4.29 4.00 3.14 4.57 3.57 Budget Tracking approach 5 4.29 3.00 3.29 4.57 3.14 Unique Capabilities, local costs, & community ability 5 3.86 3.57 2.86 4.29 3.29 Construction Cost Estimating Precon Manager/Estimator 10 7.43 6.29 6.57 8.00 6.57 Cost Estimating Example 5 3.71 4.00 3.43 4.43 3.29 Past Project estimating comparisons to actual costs 5 3.71 3.71 3.29 4.14 2.14 Scheduling Detailed Project Schedule(s)5 4.29 3.86 3.86 4.43 3.29 Scheduling Process 5 3.71 3.29 3.57 4.00 3.29 Quality Control Quality Control - preconstruction & construction 4 3.57 3.29 3.29 3.71 2.71 Document control & change management 4 3.14 3.29 3.29 3.71 2.71 Formal Closeout Procedures 2 1.57 1.57 1.57 1.71 1.57 GC & Fee GC & Fee coverage 10 8.00 7.00 7.00 8.00 6.00 Market Resources Depth of list of vendors/subcontractors 5 4.57 4.14 3.29 4.43 3.86 Knowledge of Colorado Sub Market 5 4.43 4.00 3.43 4.71 3.86 Sustainability Sustainable building practices 5 4.14 3.57 3.71 4.29 3.43 References Letters of Reference 5 4.29 3.71 4.14 4.71 2.57 TOTAL 120 97.43 88.29 81.43 104.86 80.00 2341 5 Description Total Available Candidates (Alphabetically) Total Available Rank C:\Users\dnolan2\Box Sync\Englewood - Police HQ\Financial - Tracking and Procurement\Procurement\CMGC\Responses\ 170504 Englewood CMGC RFQ Score Sheet_FINAL Page 1 of 1 Page 231 of 385 City of Englewood Police HQ CMGC Interview Scoring Sheet - FINAL Candidate: ______________________________________ May 10, 2017 Person Number Presentation Score (1 - 25) Person Number Question Score (1 - 5) 1 How will you balance (equally) the needs of budget, schedule and quality? How will you assist the team in making smart decisions when these come into conflict? 2 Is the project schedule reasonable? Is the project budget reasonable? PART 2: Can the project be completed sooner or do you have any phasing recommendations? 3 Why is it important to your firm, and the team you have assembled, to design and construct public projects? 4 With the GMP established at the DD level how will your firm ensure the final bids are in line with the GMP? 1 of 2 Page 232 of 385 City of Englewood Police HQ CMGC Interview Scoring Sheet - FINAL Candidate: ______________________________________ May 10, 2017 Person Number Question Score (1 - 5) 5 How can you ensure subcontractor responsiveness during all phases including bidding, construction, closeout and warranty? 6 Does your firm intend to keep the team on-site through completion of the punchlist? 7 Describe your "worst nightmare" on a project and explain how your team recovered from it. 8 Why is your team a good fit for City of Englewood? 9 What is your firm's current work load as a percentage of capacity? What other RFQ's, RFP's, and interviews is this team currently proposed in? 10 How will the communications on your team be expedited and controlled during construction administration? Will a web-based software be utilized? Total 2 of 2 Page 233 of 385 Englewood PHQA/E Oral Interview Master Score CardMay 10, 2017TOTAL SCORESFirm RankingTotal Points PresentationQuestion # 1Question # 2Question # 3Question # 4Question # 5Question # 6Question # 7Question # 8Total Points Available 75 2555555555A&P1 53.50 22.00 3.83 3.67 4.17 3.50 4.00 4.50 4.00 3.83Calcon3 46.83 17.83 2.83 3.33 3.83 3.33 3.67 4.17 4.00 3.83Haselden2 52.67 20.67 3.33 4.00 3.83 3.83 4.17 4.83 4.00 4.00 Page 234 of 385 Bid SummaryEnglewood Police HQGC Response Summary6/14/2017Summary of Contractor ProposalProposal Breakdown - BID SUMMARIESDESCRIPTIONGENERAL CONDITIONSConstruction ServicesPre-Construction Services 55,035.00 26,500.00 76,500.0051,000.00 31,680.00 48,143.00Project Manager116,620.00 152,490.00 186,120.00233,840.00 92,400.00 156,294.00Superintendent203,560.00 172,500.00 258,400.00246,400.00 208,600.00 217,892.00Project Engineer138,600.00 86,250.00 44,800.00159,600.00 291,200.00 144,090.00Project Assistant0.00 103,500.00 64,400.000.00 0.00 33,580.00Project Estimator0.00 Inc Above In Above 0.00 0.00 0.00Project Estimator Burden0.00 Inc Above 0.00 0.00 0.00 0.00Project Accountant0.00 Incl w/fee 33,200.00 0.00 0.00 6,640.00Project Accountant's Burden0.00 Incl w/fee 0.00 72,960.00 0.00 14,592.00Misc22,431.50 91,560.00 0.0019,200.00 0.00 26,638.30Misc22,431.50 0.00 0.00 15,296.00 0.00 7,545.50Sub Total Project Services558,678 632,800 663,420798,296 623,880 655,415Proposed management hours8,120 7,866 7,629 9,600 9,904 8,624Quantity & Extensions preferredSafety Supervisor Inspections6,599.04 9,600.00 6,500.00Included 0.00 4,539.81Temp. Fire Ext. & Safety Equipment/Labor7,200.00 23,203.00 1,500.004,100.00 7,520.00 8,704.60Field Project Office/Equipment/Furnishings16,820.00 20,000.00 9,840.0083,019.00 16,400.00 29,215.80Field Office Supplies3,200.00 2,800.00 14,000.004,000.00 4,800.00 5,760.00Postage150.00 800.00 1,250.001,600.00 800.00 920.00Express Delivery/Courier Services350.00 1,200.00 1,250.00Included 0.00 560.00Misc. Copies & PrintingIncluded 4,800.00 2,500.0011,993.00 1,600.00 4,178.60Telephone and Fax Services4,000.00 7,200.00 9,600.007,455.00 4,800.00 6,611.00Temp Fencing4,525.50 10,200.00 0.00 with C.O.W. 6,200.00 4,185.10Temp WalkwaysN/A 5,000.00 0.00 with C.O.W. 0.001,000.00BarricadesN/A 3,500.00 0.00 with C.O.W. 0.00700.00Dumpster5,600.00 21,175.00 0.00 48,496.00 19,200.00 18,894.20Temp Toilets5,760.00 15,200.00 6,880.009,600.00 19,200.00 11,328.00Project Sign1,000.00 750.00 2,500.00 4,800.00 1,000.00 2,010.00First AidIncluded 1,360.00 2,400.00 1,600.00 0.00 1,072.00Temp Services (Lights, Heat, Cool)By Subs NIC 0.00 42,320.00 0.00 8,464.00Misc. Small Tools and ConsumablesBy Subs 4,000.00 10,000.00 15,200.00 0.00 5,840.00Equipment/Vehicle Rental8,000.00 36,000.00 36,540.0067,340.00 0.00 29,576.00Vehicle Fuel, Maint., Repair and Insurance6,400.00 10,400.00 In Above Included 0.00 3,360.00Builder's Risk Insurance51,000.00 23,408.00 33,048.0049,840.00 56,396.00 42,738.40Liability (General and Excess) Insurance234,600.00 189,550.00 286,620.00175,330.00 65,072.00 190,234.40AGC FeesIncluded Incl w/fee 0.00 Included 0.00 0.00Payroll Taxes, Insurance and BenefitsIncluded 242,520.00 0.00Included 0.00 48,504.00Project Scheduling ServicesIncluded Incl above 3,500.00 Included 0.00 700.00General Daily Constr. Clean-up (L/M/E)By Subs 24,150.00 0.0026,600.00 0.00 10,150.00Final Clean-Up29,239.04 13,500.00 30,000.0030,000.00 0.00 20,547.81Building PermitN/A 0.00 0.00 By Owner 0.00 0.00Plan Check Fees45,330.25 7,945.44 40,000.0031,091.90 31,091.9031,091.90Other Government Fees & PermitsBy Subs 3,215.63 0.00 By Owner 0.00 643.13Performance/Payment Bonds (Subguard)Not Included 0.00 0.00 with C.O.W. 0.00 0.001 Year Warranty CostsIncluded Incl w/fee 0.00 10,000.00 0.00 2,000.00Other: Additional Trailer0.00 0.00 20,000.000.00 0.00 4,000.00Other: Use Tax 3.75%418,125.0083,625.00Other: Mobilization / demobilization4,000.00 800.00Other: Technology fee6,500.00 1,300.00Other: Storage containers3,200.00 640.00Other: Drinking water2,400.00 480.00Total General Conditions (Qualified) 988,451.831,321,877.06 1,181,348.00 1,422,680.90 857,959.90 1,152,943.54AverageCalconAdolfson PetersonFransen PitmanHaseldenMark YoungPage 235 of 385 Bid SummaryEnglewood Police HQGC Response Summary6/14/2017Summary of Contractor ProposalProposal Breakdown - BID SUMMARIESDESCRIPTIONAverageCalconAdolfson PetersonFransen PitmanHaseldenMark YoungVarianceConstruction Management Fee/Overhead (Bldg)$ 17,550,000517,725.00 438,750.00 508,950.00500,175.00 526,500.00 498,420.00Construction Management Fee/Overhead (Parking)$ 2,850,00084,075.00 71,250.00 82,650.0081,225.00 85,500.00 80,940.00Est. Total Fee/General Conditions $20,400,0001,590,251.83 1,831,877.061,772,948.00 2,004,080.901,469,959.90 1,732,303.548.00% 2.50% 2.90% 2.85% 10%Total Fee on all Change Orders (outside of GC, Insurance & Payment/Performance Bond 2.95% 3.00% 2.90% 2.85% 0%Materials Mark-up (outside of GC and fees) 0% 0.00% 2.90% 0.00% 0%Material-Handling Fee (outside of GC & Fees) 0% 3.00% 0.00% 0.00% 0%Pre-Construction Services (Total cost) Included Above Included Above In Above Inc Above Inc AbovePerformance & Payment Bond 142,800.00 141,719.08 134,640.00 120,360.00 222,484.32 152,400.68$ Rank: 2 4 3 5 1GRAND TOTAL GC & FEES1,733,051.83 1,973,596.14 1,907,588.00 2,124,440.90 1,692,444.21 1,884,704.22 Fee of Work by the Contractor's Own ForcesPage 236 of 385 Page 237 of 385 Page 238 of 385 Page 239 of 385 Page 240 of 385 Page 241 of 385 Page 242 of 385 Page 243 of 385 Page 244 of 385 Page 245 of 385 Page 246 of 385 Page 247 of 385 Page 248 of 385 Page 249 of 385 Page 250 of 385 Page 251 of 385 Page 252 of 385 Page 253 of 385 Page 254 of 385 Page 255 of 385 Page 256 of 385 Page 257 of 385 __._=. oézmxa_..E§aooz?zc?zg>z>mmm§.m§«.§x momHmmmmamod.ZFJSHA12:Ioamdm.maaoaSowH.552: «.u§.§mn.ESEnwiSE3u:.E.m&sa?m$5.22% >_>Uon:=_m:»>3“;IHam=o==m1<>._N._:._nz_n1~25Oon<1m3@$5,38man38Ex?rm>_.:m1om=_:m:E.m3>E::mn_w.>=.m—:mwmmm«<mn_. <<>mz_zo”._.Em>_>aUan.::m_.:_m_u3.mn.mn5:.m.9.3E.52man._:nm:..mzo:m_._.Bm:mm.c=u:=_o:~2__.mEon:o._o:2.&m.._u_:_o:3:._m>59 _uon:=_m:ronN=<vein:om:_3m<qmm:=_:mm<m~mn_<man.n:_.=_:m_um_..m_mm.HEE:5_2am2=§_33mEmiaci8:2:_uamm_m::n_mw=6_m<<. «Em3232:émm cue.zo.mmU Eoaznma3>_>moné?mm.§_§mo:8:28:Eam.Oamqzo.?mmm?mwo2:3:mxu:mmoz§\§moa.Ea_m:33..Emm_m. amm:/o>~3 MMPage 258 of 385 Page 259 of 385 Page 260 of 385 Page 261 of 385 Page 262 of 385 Page 263 of 385 Page 264 of 385 Page 265 of 385 Page 266 of 385 Page 267 of 385 Page 268 of 385 Page 269 of 385 Page 270 of 385 Page 271 of 385 Document A201TM – 2007 General Conditions of the Contract for Construction Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 1 for the following PROJECT: (Name and location or address) Englewood Police HQ 3615 Elati Street, Englewood CO THE OWNER: (Name, legal status and address) City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 THE ARCHITECT: (Name, legal status and address) DLR Group 1555 Blake St, Denver, CO 80202 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Page 272 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 2 INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect’s Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Page 273 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 3 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Page 274 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 4 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor’s Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor’s Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 9.7 Contractor’s Right to Terminate the Contract 14.1, 15.1.6 Contractor’s Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Page 275 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 5 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and Page 276 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 6 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner’s Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner’s Liability Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.4, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.3 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 Page 277 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 7 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Page 278 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 8 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 Page 279 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 9 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 THE WORK The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by Page 280 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 10 one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. Page 281 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 11 § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. The Owner's election or failure to issue such a written order shall not be deemed to be an acceptance of the Contractor's Work, nor a waiver of its right to subsequently issue such a written order to stop Work, albeit with regard to the current failure of the Contractor to correct the Work or Conform to the Contract, or any future similar failure on the part of the Contractor or any of its subcontractors, suppliers and/or material suppliers. § 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. § 2.4.1 The rights stated in this Article 2 and elsewhere in the the Contract Documents are cumulative and no in not a limitation of any rights of the Owner (1) granted in the Contract Documents, (2) at law or (3) in equity. Page 282 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 12 § 2.4.2 In no event shall the Owner have any responsibility for construction means, methods, Techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights authority granted the Owner in the Contract Documents. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as the Construction the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Articles 15.1.4 and 15.1.5 If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, Page 283 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 13 sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work expressly authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY For a period of one year following substantial completion of the work, the Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. Page 284 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 14 § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause a material increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than the aggregate allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Page 285 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 15 § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after the execution of the GMP Amendment , shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after execution of the GMP Amendment and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in Page 286 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 16 accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. Page 287 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 17 § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor, including by offset against amounts due to the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL Page 288 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 18 § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance Page 289 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 19 with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. Page 290 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 20 § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. Page 291 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 21 § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. Page 292 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 22 § 6.3 OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. Page 293 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 23 § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. Notwithstanding anything contained in Article 7 to the contrary, in no event shall any changes in the Work with the respect to the manufacturer of a specified item or material, or the color, quality or grade, or physical composition of any specific item or material be made without the written consent of the Owner, nor shall any change in any dimension of any component of the Work or equipment incorporated into the Work be made without the written consent of Owner, even if any of the above described changes would be considered a minor change in the Work. ARTICLE 8 TIME Page 294 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 24 § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act in breach of the Contract Documents or material neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine to be necessary. § 8.3.1.1 The Construction Manager shall provide notice in writing to the Owner within three (3) business days from the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has been ceased, otherwise, any claim for an extension of time is waived. Extension of the time for the completion of the Work will be granted for delays due to weather conditions only when the Construction Manager demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U.S. Department of Commerce (or mutually agreed upon source), for the Project area. Extensions of time for the completion of the Work due to weather will be granted on the the basis of one (1) calendar day for every day that the Construction Manager would have worked but was unable to work. For weather delays and delays caused by events, acts or omissions not within the control of the Owner, the Construction Manager shall be entitled to an extension of time only and shall not be entitled to recovery of additional costs due to or resulting from such delays. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION Page 295 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 25 § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of Page 296 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 26 subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Page 297 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 27 Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut- down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner lawfully can occupy or utilize the Work for its intended use. Notwithstanding any other circumstances, a TCO or certificate of occupation shall constitute Substantial Completion. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if Page 298 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 28 any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. § 9.10.2.1 Items listed in 9.10.2. the Contractor shall deliver the the following items in a form and organization acceptable to the Owner before final payment will be made: .1 All warranties as required on specific products or portions of the Work, .2 Project record documents, .3 Operations and maintenance manuals, records, instructions and data, Page 299 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 29 .4 Keys, access cards, cards, and any other items for access to and security of the premises, as well as spare parts, and maintenance materials. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds or other forms of surety have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents, including Section 7.2.1 of . AIA Document A133-2009. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub- subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in Page 300 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 30 whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up. Contractor will submit a Claim for the time and payment and that hazardous material on site are not the responsibility of the Contractor. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. Page 301 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 31 (Paragraph Deleted) § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR’S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18; and .9 Claims involving the quality of the Work, including without limitation, any damage, injurty, and/or death associated with the quality of the Work . § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an Page 302 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 32 additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.1.5 The Contractor shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from the performance of the work under this Contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under the contract, as well as the Employer’s Liability within the minimum statutory requirements. § 11.1.6 The Contractor shall carry Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. § 11.1.7 The Contractor shall carry Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of the Contractor’s operations or Services in an amount not less than one million dollars ($1,000,000) per claim. § 11.1.8 The Contractor shall carry Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Contractor personnel, acting alone or with others, in the amount not less than one million dollars ($1,000,000) per occurrence. § 11.1.9 The Contractor shall provide the Owner with certificates of insurance evidencing compliance with 11.1.5; 11.1.6; 11.1.7; and 11.1.8 above, (including evidence of renewal) signed by an authorized representative of the respective carriers for each year that this Contract is in effect. Certificates of insurance shall list the Owner (City of Englewood) as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to the Owner. § 11.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or Page 303 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 33 maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused, but provided that the foregoing does not limit Owner's right to liquidated damages for delays in Substantial Completion to the extent provided in the Agreement. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a certificate of insurance for each policy that includes insurance coverages required by this Section 11.3and if requested by Contractor, a copy of each policy. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub- Page 304 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 34 subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner and made payable to the Owner, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub- subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK Page 305 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 35 § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition (which includes acknowledgment of the non- conformity. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. The Contractor shall use commercially reasonable efforts to require the foregoing one year warranty from each Subcontractor for such Subcontractor's portion of the Work and shall execute and deliver to Owner a non-exclusive assignment of such warranties upon Substantial Completion. The failure of Contractor to obtain any such warranty from a Subcontractor shall not relieve Contractor of its obligation under this Section 12.2.2. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents or by statute. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents or applicable statute may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS Page 306 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 36 § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary Page 307 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 37 by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including the Contractor's Fee set forth in Section 5.1.1 of AIA Document A133-2009 and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract Page 308 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 38 with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. .5 Contractor will have the right to cure prior to termination and after the seven days written (Paragraph Deleted) notice. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work, including any outstanding requests for correction pursuant to Section 12.2, is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner within fifteen (15) days of determination and demand. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for material increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract; or .3 the suspension, delay or interruption was the result of the deficient or non-compliant nature of the Work. Page 309 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 39 § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and actual costs incurred by reason of such termination, along with the Contractor's Fee set forth in Section 5.1.1 of AIA Document A133-2009 on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be provided to the Owner within three (3) days of the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has ceased, otherwise, any claim for an extension of time is waived. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be granted for delays due to weather conditions only when the Construction Manager demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U.S. Department of Commerce, for the Project area. Extension of the time for completion of the Work due to Page 310 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 40 weather will be granted on the basis of one (1) calendar day that the Construction Manager would have worked but was unable to work. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. Page 311 of 385 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 41 § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Page 312 of 385 Additions and Deletions Report for AIA® Document A201TM – 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:19:26 on 06/13/2017. Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 1 PAGE 1 Englewood Police HQ 3615 Elati Street, Englewood CO ... City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 ... DLR Group 1555 Blake St, Denver, CO 80202 PAGE 9 ARTICLE 1 GENERAL PROVISIONS PAGE 11 If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. The Owner's election or failure to issue such a written order shall not be deemed to be an acceptance of the Contractor's Work, nor a waiver of its right to subsequently issue such a written order to stop Work, albeit with regard to the current failure of the Contractor to correct the Work or Conform to the Contract, or any future similar failure on the part of the Contractor or any of its subcontractors, suppliers and/or material suppliers. ... Page 313 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 2 § 2.4.1 The rights stated in this Article 2 and elsewhere in the the Contract Documents are cumulative and no in not a limitation of any rights of the Owner (1) granted in the Contract Documents, (2) at law or (3) in equity. PAGE 12 § 2.4.2 In no event shall the Owner have any responsibility for construction means, methods, Techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights authority granted the Owner in the Contract Documents. ... § 3.1.1 The Contractor is the person or entity identified as such in the Construction the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. ... § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. ... § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. Articles 15.1.4 and 15.1.5 If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. PAGE 13 § 3.4.2 Except in the case of minor changes in the Work expressly authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. ... The For a period of one year following substantial completion of the work, the Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Page 314 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 3 Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. PAGE 14 § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an a material increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. ... .3 Whenever costs are more than or less than the aggregate allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. PAGE 15 § 3.10.1 The Contractor, promptly after being awarded the Contract, the execution of the GMP Amendment , shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. ... § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract execution of the GMP Amendment and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. Page 315 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 4 PAGE 17 § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor, including by offset against amounts due to the Contractor. ... § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. PAGE 23 Notwithstanding anything contained in Article 7 to the contrary, in no event shall any changes in the Work with the respect to the manufacturer of a specified item or material, or the color, quality or grade, or physical composition of any specific item or material be made without the written consent of the Owner, nor shall any change in any dimension of any component of the Work or equipment incorporated into the Work be made without the written consent of Owner, even if any of the above described changes would be considered a minor change in the Work. PAGE 24 Page 316 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 5 § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act in breach of the Contract Documents or material neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.determine to be necessary. ... § 8.3.1.1 The Construction Manager shall provide notice in writing to the Owner within three (3) business days from the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has been ceased, otherwise, any claim for an extension of time is waived. Extension of the time for the completion of the Work will be granted for delays due to weather conditions only when the Construction Manager demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U.S. Department of Commerce (or mutually agreed upon source), for the Project area. Extensions of time for the completion of the Work due to weather will be granted on the the basis of one (1) calendar day for every day that the Construction Manager would have worked but was unable to work. For weather delays and delays caused by events, acts or omissions not within the control of the Owner, the Construction Manager shall be entitled to an extension of time only and shall not be entitled to recovery of additional costs due to or resulting from such delays. PAGE 27 § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner lawfully can occupy or utilize the Work for its intended use. Notwithstanding any other circumstances, a TCO or certificate of occupation shall constitute Substantial Completion. PAGE 28 § 9.10.2.1 Items listed in 9.10.2. the Contractor shall deliver the the following items in a form and organization acceptable to the Owner before final payment will be made: ... .1 All warranties as required on specific products or portions of the Work, ... .2 Project record documents, Page 317 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 6 ... .3 Operations and maintenance manuals, records, instructions and data, PAGE 29 .4 Keys, access cards, cards, and any other items for access to and security of the premises, as well as spare parts, and maintenance materials. ... § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds or other forms of surety have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ... .3 terms of special warranties required by the Contract Documents.Documents, including Section 7.2.1 of . AIA Document A133-2009. PAGE 30 § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.Contractor will submit a Claim for the time and payment and that hazardous material on site are not the responsibility of the Contractor. PAGE 31 § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ... .7 Claims for bodily injury or property damage arising out of completed operations;and Page 318 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 7 ... .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18.3.18; and ... .9 Claims involving the quality of the Work, including without limitation, any damage, injurty, and/or death associated with the quality of the Work . PAGE 32 § 11.1.5 The Contractor shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from the performance of the work under this Contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under the contract, as well as the Employer’s Liability within the minimum statutory requirements. ... § 11.1.6 The Contractor shall carry Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. ... § 11.1.7 The Contractor shall carry Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of the Contractor’s operations or Services in an amount not less than one million dollars ($1,000,000) per claim. ... § 11.1.8 The Contractor shall carry Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Contractor personnel, acting alone or with others, in the amount not less than one million dollars ($1,000,000) per occurrence. ... § 11.1.9 The Contractor shall provide the Owner with certificates of insurance evidencing compliance with 11.1.5; 11.1.6; 11.1.7; and 11.1.8 above, (including evidence of renewal) signed by an authorized representative of the respective carriers for each year that this Contract is in effect. Certificates of insurance shall list the Owner (City of Englewood) as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to the Owner. PAGE 33 Page 319 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 8 The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused.caused, but provided that the foregoing does not limit Owner's right to liquidated damages for delays in Substantial Completion to the extent provided in the Agreement. ... § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of certificate of insurance for each policy that includes insurance coverages required by this Section 11.3. 11.3and if requested by Contractor, a copy of each policy. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. PAGE 34 § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, and made payable to the Owner, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub- subcontractors in similar manner. ... § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds receivedas fiduciary. . The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. PAGE 35 § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. condition (which includes acknowledgment of the non- conformity. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. The Contractor shall use commercially reasonable efforts to require the foregoing one year warranty from each Subcontractor for such Subcontractor's portion of the Work and shall execute and deliver to Owner a non-exclusive Page 320 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 9 assignment of such warranties upon Substantial Completion. The failure of Contractor to obtain any such warranty from a Subcontractor shall not relieve Contractor of its obligation under this Section 12.2.2. ... § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Documents or by statute. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents or applicable statute may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. PAGE 37 § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, the Contractor's Fee set forth in Section 5.1.1 of AIA Document A133-2009 and costs incurred by reason of such termination, and damages.termination. PAGE 38 .5 Contractor will have the right to cure prior to termination and after the seven days ... written ... § ... notice. ... § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: Page 321 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 10 ... § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work Work, including any outstanding requests for correction pursuant to Section 12.2, is finished. ... § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. Owner within fifteen (15) days of determination and demand. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. ... § 14.3.2 The Contract Sum and Contract Time shall be adjusted for material increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent ... .2 that an equitable adjustment is made or denied under another provision of the Contract.Contract; or ... .3 the suspension, delay or interruption was the result of the deficient or non-compliant nature of the Work. PAGE 39 § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and actual costs incurred by reason of such termination, along with reasonable overhead and profit the Contractor's Fee set forth in Section 5.1.1 of AIA Document A133-2009 on the Work not executed. ... § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. provided to the Owner within three (3) days of the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has ceased, otherwise, any claim for an extension of time is waived. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. PAGE 40 § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.granted for delays due to weather conditions only when the Construction Manager demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U.S. Page 322 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 11 Department of Commerce, for the Project area. Extension of the time for completion of the Work due to weather will be granted on the basis of one (1) calendar day that the Construction Manager would have worked but was unable to work. PAGE Error! Bookmark not defined. § 15.4 ARBITRATION ... § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. ... § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. ... § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ... § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ... § 15.4.4 CONSOLIDATION OR JOINDER ... § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). ... Page 323 of 385 Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 12 § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. ... § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. Page 324 of 385 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:19:26 on 06/13/2017 under Order No. 4128838858 which expires on 05/15/2018, and is not for resale. User Notes: (3B9ADA31) 1 Certification of Document's Authenticity AIA® Document D401™ – 2003 I, City of Englewood, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:19:26 on 06/13/2017 under Order No. 4128838858 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM - 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Page 325 of 385 Exhibit A – CPM Schedule  To be provided at a later date with the GMP request  Page 326 of 385 Summary of Contractor Proposal Instructions: Complete only the non highlighted cells, if changes are made, it should be noted in the clarifications section. Proposal Breakdown Contractor Info Proposed Team:Chad Jelinek, Proj. Mgr Adolfson & Peterson Brad Dean, Supt. Chris Cooper, Precon Mgr DESCRIPTION GENERAL CONDITIONS Qualified Construction Services Duration Cost Time Pre-Construction Services 30 weeks @ 3,669 /wk @ 50%55,035.00 Project Manager 70 weeks @ 3,332 /wk @ 50%116,620.00 Superintendent 70 weeks @ 2,908 /wk @ 100%203,560.00 Project Engineer 70 weeks @ 1,980 /wk @ 100%138,600.00 Project Assistant weeks @ /wk @ 0.00 Project Estimator weeks @ /wk @ 0.00 Project Estimator Burden weeks @ of cost 0.00 Project Accountant weeks @ /wk @ 0.00 Project Accountant's Burden weeks @ of cost 0.00 MEP Manager 26 weeks @ 3,451 /wk @ 25%22,431.50 Virtual Construction Manager 26 weeks @ 3,451 /wk @ 25%22,431.50 Proposed management hours 8,120.00 Quantity & Extensions preferred Safety Supervisor Inspections 6,599.04 Temp. Fire Ext. & Safety Equipment/Labor 7,200.00 Field Project Office/Equipment/Furnishings 16,820.00 Field Office Supplies 3,200.00 Postage 150.00 Express Delivery/Courier Services 350.00 Misc. Copies & Printing Included Telephone and Fax Services 4,000.00 Temp Fencing 4,525.50 Temp Walkways N/A Barricades N/A Dumpster 5,600.00 Temp Toilets 5,760.00 Project Sign 1,000.00 First Aid Included Temp Services (Lights, Heat, Cool)By Subs Misc. Small Tools and Consumables By Subs Equipment/Vehicle Rental 8,000.00 Vehicle Fuel, Maint., Repair and Insurance 6,400.00 Builder's Risk Insurance 51,000.00 Liability (General and Excess) Insurance 234,600.00 AGC Fees Included Payroll Taxes, Insurance and Benefits Included Project Scheduling Services Included General Daily Constr. Clean-up (L/M/E)By Subs Final Clean-Up 29,239.04 Building Permit N/A Plan Check Fees 45,330.25 Other Government Fees & Permits By Subs Performance/Payment Bonds (Subguard)Not Included 1 Year Warranty Costs Included Other: 0.00 To Be Waived Per Addendum 2 Response #3. Based on $20.4mm construction cost Based on $20.4mm construction cost @ 1.15% Bonding of subs to be evaluated on case by case Based on $20.4mm construction cost @ .25% Bi-monthly safety inspections PPE, First Aid, Fire Extinguishers Includes Phase 1 and 2 (1,830 total l.f.) For Job Trailer Only (1 pull per month) 4 total for project duration With Safety Equipment Above Page 327 of 385 Summary of Contractor Proposal Instructions: Complete only the non highlighted cells, if changes are made, it should be noted in the clarifications section. Proposal Breakdown Contractor Info Proposed Team:Chad Jelinek, Proj. Mgr Adolfson & Peterson Brad Dean, Supt. Chris Cooper, Precon Mgr DESCRIPTION Total General Conditions (Qualified)988,451.83 Variance Construction Management Fee/Overhead (Bldg)$ 17,550,000 @ 2.95%517,725.00 Construction Management Fee/Overhead (Parking)$ 2,850,000 @ 2.95%84,075.00 Est. Total Fee/General Conditions 7.8%1,590,251.83 8% Total Fee on all Change Orders (outside of GC, Insurance & Payment/Performance Bond 2.95% -$ -$ Materials Mark-up (outside of GC and fees)Mark Up %: 0% Material-Handling Fee (outside of GC & Fees) Mark Up on Owner Provided Materials:0% Pre-Construction Services (Total cost)Included Above Performance & Payment Bond $ 20,400,000 @ 0.70%142,800.00$ Comments/Clarifications: The estimated Total Fee/General Conditions percentage formula was changed to include Phase 2 costs as well. Fee of Work by the Contractor's Own Forces Page 328 of 385 Adolfson & Peterson, Inc. 797 Ventura Street Aurora, CO 80011 Project:PROJECT NAME 14-Jun-17 Job No:XXXX Month of: Job # Cost Code AP # Description Equip ID/Ser # Quantity On Hand Active Inactive Rate Amount Abrasive Cutoff Chop Saw (Bosch 1365 or other)10.00 - Air Compressor, Hoses (Portable)50.00 - Air Monitor 313.00 - Banding Machine 0.00 - Bobcat 1,368.00 - Bobcat Auger attachment with 700 Series 12",18",24"460.00 - Bobcat Forks 205.00 - Bobcat Jackhammer 460.00 - Bobcat Smooth bucket 270.00 - Bobcat Snow plow 270.00 - Bobcat Sweeper 1,128.00 - Bobcat Tooth bucket 307.00 - Bobcat Trench Compactor 460.00 - Brooms 0.00 - Caulking gun - Hilti 0.00 - Chainsaw 50.00 - Chipping hammer Electric (Large Hilti, Bosch or other)200.00 - Concrete Blanket 10'x20'30.00 - Concrete Blanket Cage 142.00 - Concrete Core Driller 157.00 - Concrete Floor Scabbler 570.00 - Concrete Mixer 0.00 - Concrete Planer-Hilti DG150 (Large dustless Equipment)245.00 - Concrete Vibrator - high cycle 250.00 - Conf Room Furniture 25.00 - Connex 20'114.00 - Connex 40'228.00 - Copier 360.00 - Cutting Torches & Cart 50.00 - Data Vault (monitor/computer/etc)500.00 - Demo saw - Gas 200.00 - Drywall Carts 10.00 - Dust Evacuation Fans Large - 36" - 48"20.00 - Equipment Fuel Tanks for Pick-up Truck 0.00 - Extension Cords 0.00 - Extension Ladders 0.00 - Fence Post Pounder 0.00 - Fence Screen ($1.00/5 linear feet)0.00 - Firehose (Rolls)0.00 - Floor Buffer 205.00 - Floor Machine 205.00 - Gang Box 57.00 - Generator - 35KW or larger (Towable)2,565.00 - Generator - 5KW (Portable)485.00 - Generator - EB2000 (Portable)100.00 - Generator - EB1000 (Portable)50.00 - Gradall 2,793.00 - Gradall 15' Boom 171.00 - Gradall Material Bucket (Trash Box)342.00 - Gradall Snow bucket 205.00 - Ground Heater Diesel- Allmand 3,990.00 - Ground Thaws 5,700.00 - Grout Pump 0.00 - Hammer Drill - Large (Bulldog or other)85.00 - Heaters - Electric Space 10.00 - IngersollRand air compressor - Towable 895.00 - Jackhammer Electric - 60lb 313.00 - Jersey Barriers - each 29.00 - Ladder-4', 6' or 8'25.00 - Leaf Blower 0.00 - Mechanics Tools - Socket and Wrenches 0.00 - Microwave, Refrig, Coffee Machine 25.00 - Miter Saw 50.00 - Nail Gun - Air 50.00 - Negative Air Machine 1,140.00 - Office Trailer, Stairs 313.00 - Pallet Jack 85.00 - Plate Compactor 541.00 - MONTHLY EQUIPMENT RENTAL SCHEDULE Page 329 of 385 Job # Cost Code AP # Description Equip ID/Ser # Quantity On Hand Active Inactive Rate Amount Powder Actuated Gun 10.00 - Power Hand Tool - BandSaw 10.00 - Power Hand Tool - Belt Sander 10.00 - Power Hand Tool - Concrete Planer-Makita small 10.00 - Power Hand Tool - Cordless Circular Saw 6.5"10.00 - Power Hand Tool - Cordless Drill 10.00 - Power Hand Tool - Cordless Drill Impact 10.00 - Power Hand Tool - Drill Corded 1/2"10.00 - Power Hand Tool - Drill Corded 3/8"10.00 - Power Hand Tool - Grinder 4"10.00 - Power Hand Tool - Grinder 7"10.00 - Power Hand Tool - Hammer Drill - Cordless 10.00 - Power Hand Tool - Handheld Sander 10.00 - Power Hand Tool - Jigsaw 10.00 - Power Hand Tool - Router 10.00 - Power Hand Tool - Sawsall 10.00 - Power Hand Tool - Screw Shooter 10.00 - Power Hand Tool - Warm drive saw 7.25"10.00 - Power Hand Tool - Wood Planer portable 10.00 - Power Washer 10.00 - Punch Carts 10.00 - Radios - 2 way - each 10.00 - Rakes 10.00 - Safety Hard Hats (one time purchase)35.00 - Safety Harness 10.00 - Safety Retractable Lanyards 10.00 - Safety Vests (one time purchase) $35 for Green $15 Orange)35.00 - Saw horses 10.00 - Scaffold (per section)34.00 - Shop Vac 10.00 - Shop Vac - Hepa, Hilti or other 10.00 - Shovels 10.00 - Sledge Hammers 10.00 - Snow blower 114.00 - Stanchions - each (one time charge ea)35.00 - Storage Trailers 52'427.00 - Survey - Bi-Pod legs 17.00 - Survey - Builders level-B20 200.00 - Survey - Data Collector 48GX & Access.171.00 - Survey - GPS system 2,565.00 - Survey - Laser & Accessories 3900 Series 541.00 - Survey - Two man Total Station 2,565.00 - Survey - Robotic Total Station 2,565.00 - Survey - Rotating laser Survey RL-H3C or other w/ story pole 407.00 - Survey - Thedolite 200.00 - Survey - Tri-pod legs Survey 11.00 - Table Saw 50.00 - Temp Heaters Large - WN or other 313.00 - Temp Heaters small - Mushroom, turbo 50.00 - Tool Carts 25.00 - Traffic Control Devices - not Jersey Barriers - per 10 25.00 - Trash Carts 25.00 - Trencher 479.00 - Truck - Field 855.00 - Truck - Superintendent's Pick-up 855.00 - Truck - Water Truck 969.00 - Utility Carts 0.00 - Water Meters 900.00 - Water Pump 425.00 - Weed Wacker 0.00 - Wheelbarrows 0.00 - Wire Feed Welder 0.00 - TOTAL WH BILLING - Page 330 of 385 Effective January 1, 2017 through April 30, 2017 TRADE Over time CARPENTER FOREMAN 1.50 $78.00 $117.00 CARPENTER 1.50 $62.00 $93.00 OPERATOR 1.50 $78.00 $117.00 SURVEYOR $75.00 $112.50 QA/QC COORDINATOR / SAFETY PERSONNEL $75.00 $112.50 NON - UNION LABOR FORMAN $53.00 $79.50 NON-UNION LABORER 1.50 $43.00 $64.50 PROJECT ADMINISTRATOR 1.50 $58.00 $87.00 IT SUPPORT 1.50 $79.00 $118.50 ASS'T PROJECT MANAGER 1.50 $79.00 $118.50 PROJECT MANAGER 1.50 $101.00 $151.50 SR. PROJECT MANAGER 1.50 $117.00 $175.50 VIRTUAL CONST ENGINEER 1.50 $101.00 $151.50 ASS'T SUPERINTENDENT 1.50 $79.00 $118.50 SUPERINTENDENT 1.50 $117.00 $175.50 VP / GENERAL SUPT 1.50 $137.00 $205.50 All Rates are subjuect to increase 1/1/2018 no more then 3% STANDARD TIME AND MATERIAL LABOR BILLING RATES BILLING RATES Confidential Page 331 of 385 Exhibit E – Payment & Performance Bond  To be provided at a later date with the GMP approval  Page 332 of 385 Exhibit F – Insurance Certificate  To be provided at a later date after an executed contract Page 333 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: June 19, 2017 SUBJECT: Investment Management Services Contract Amendment for the Englewood Police Headquarters Building Bond Proceeds DESCRIPTION: Investment Management Services Contract Amendment for the Englewood Police Headquarters Building Bond Proceeds RECOMMENDATION: Staff recommends that City Council approve by motion an amendment to the City's current Investment Manager contract with Insight Investment (previously Cutwater) to include services for managing the Englewood Police Headquarters Building bond proceeds. PREVIOUS COUNCIL ACTION: On August 21, 2016, Council approved the original contract for City investment advisory services, which was awarded based on an RFP. On November 8, 2016, a ballot issue to sell $27M (par value) General Obligation bonds to fund the construction of the Englewood Police Department Headquarters building was approved by the majority of the eligible electors of the City. On May 1, 2017, City Council passed an ordinance on 2nd reading (Ordinance No. 30, Series 2017) authorizing the issuance of the General obligation bonds approved by the City's voters. SUMMARY: The General Obligation (GO) Bonds for the Englewood Police Building Headquarters building were priced on June 7, 2017. The City's bonds proved to be a popular purchase for investors driving down the City's anticipated interest expense and netting $5,826,364 in premium. Upon completion, the City will have $32,631,779 to invest. The Closing for the GO Bond sale is scheduled for June 20, 2017. Funds will be available that day for investment. ANALYSIS: The investment management of the proceeds is important as interest earned on the bonds is incorporated into the available proceeds for spending on the project. Our investment advisor Page 334 of 385 will use the planned 'draw down' schedule provided by our project management partner (CBRE) to align our timing to the most appropriate investments to maximize our interest earnings. FINANCIAL IMPLICATIONS: The fee schedule for the GO bond investment is essentially the same as the general investment for the City's other funds. The investment fees, estimated at approximately $26,000 over the life of the bond (based on current draw-down schedule), were anticipated as a cost of the GO bonds and will be charged against the GO bond proceeds. The schedule of fees in the original contract is based on average monthly account balance as outlined in Exhibit B, billed monthly: Original: The Fee Schedule applicable to the Account is as follows: Assets Annual Fee Up to and including the first $25 Million 10 basis points (.10%) Amounts over $25 Million 7 basis points (.07%) Amendment: Monthly fees are based on the schedule outlined above, but at no time shall the monthly fee be less than $2,000 for the General Portfolio and $500 for the 2017 Bond Proceeds Portfolio. ALTERNATIVES: The GO funds could be treated as the remainder of the City's funds for investment purposes, but would not have the added management of outflows and investments that would better align, providing a better return on our investment. The actual investment returns cannot be determined at this time as the investment advisor has just been provided the 'draw-down' schedule and is working to align the investments. CONCLUSION: This contract for investment advisory services for the GO Bond proceeds provides the City with the best opportunity for higher interest earnings, which will be re-invested in the City of Englewood Police Headquarters building project. Staff recommends approval of this contract. ATTACHMENTS: GO Bond Amendment to the existing investment advisor contract Original Cutwater (Insight Investment) advisory contract (Aug 2016) Page 335 of 385 Insight INVESTMENT RENEWAL AMENDMENT TO DISCRETIONARY INVESTMENT ADVISORY AGREEMENT THIS AMENDMENTAND RENEWAL,effective as of June 1,2017.between Cutwater Investor Services Corp, (now doing business as Insight Investment)(‘‘Adviser'')and the City of Englewood (“Client”)shall further amend the Investment Advisory Agreement entered into by the parties as of August 10,2016 (together with all prior amendments thereto,the “Agreement”).All capitalized terms used but not defined herein shall have the meanings set forth in the Agreement. NOW,THEREFORE,the parties hereto agree as follows: 1.The paragraph at the end of ExhibitB.Fee Schedule is modified to the following‘ Monthly fees are based on the schedule outlined above,but at no time shall the monthly fee be less than $2,000 for the General Portfolio and $500 for the 2017 Bond Proceeds Portfolio, IN WITNESS WHEREOF,the parties hereto have caused this Amendment and Renewal to be duly executed and delivered by their proper and duly authorized officers,with effect as of the day first above written. 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W358? >mwonownmanoboo Ea gmwoaE5 amsaEa >m3aBmEBE Wamorpaod boa SE 88.3 $53 8 won.Page 361 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: June 19, 2017 SUBJECT: Resolution for 2017 Budget Supplemental Appropriation for Security DESCRIPTION: Resolution for 2017 Budget Supplemental Appropriation for Security RECOMMENDATION: Staff recommends City Council approve the attached resolution for a supplemental appropriation to the 2017 Budget for City Security needs. PREVIOUS COUNCIL ACTION: Two City Council executive sessions were held to discuss City security needs: March 20, 2017 and June 5, 2017. At the meeting on June 5, 2017, Council directed staff to proceed with their current plan for security. SUMMARY: The resolution presented within this request is in support of the direction City Council gave staff for implementation of City security measures. Details of the plan are intentionally not provided for security reasons. ANALYSIS: General Fund: SOURCE OF FUNDS: Unassigned Fund Balance $461,909 USE OF FUNDS: Facilities– Costs associated with Capital improvement for Security at the Civic Center and the Recreation Center $340,482 Police Department – Costs associated with staff Overtime $121,427 Total Use of Funds $461,909 FINANCIAL IMPLICATIONS: This resolution will reduce current General Fund - Fund Balance by $461,909 for 2017 implementation. Ongoing costs will be incorporated into the 2018 budget. Page 362 of 385 ALTERNATIVES: Alternatives discussed at Council Executive session were not deemed to be as effective as the plan that was presented and from which Council gave direction to proceed. CONCLUSION: The resolution presented for allocation of General Fund - Fund Balance to meet City security needs is aligned with the plan that was presented to Council on June 5, 2017. Staff recommends approval of this resolution. ATTACHMENTS: Resolution Page 363 of 385 1 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPROVING A YEAR-END SUPPLEMENTAL APPROPRIATION TO THE 2017 BUDGET. WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, the 2017 Budget was submitted and approved by the Englewood City Council on November 21, 2016; and WHEREAS, the Public Works Department – Facilities and Police Department will sustain additional expenses for the implementation of City security measures; and WHEREAS, additional funds are necessary to fund approved City security measures; and WHEREAS, total expenditures for 2017, including those listed above, have now been identified, 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, of the City of Englewood, Colorado, is hereby amended for the year 2017, as follows: GENERAL FUND: SOURCE OF FUNDS: Unassigned Fund Balance $461,909 USE OF FUNDS: Facilities – Costs associated with Capital improvement for Security at the Civic Center and the Recreation Center $340,482 Police Department - Costs associated with staff Overtime $121,427 TOTAL USE OF FUNDS $461,909 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2017 Budget for the City of Englewood. ADOPTED AND APPROVED this 19th day of June, 2017. Page 364 of 385 2 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 365 of 385 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Long DEPARTMENT: Public Works DATE: June 19, 2017 SUBJECT: Civic Center Security Upgrade Proposal DESCRIPTION: Civic Center Security Upgrade Proposal RECOMMENDATION: Staff recommends Council approve, by motion, the approval of two contracts noted below in support of the proposed security access control upgrades, previously shared with Council in Executive Session, March 20, 2017. • Security Central - $134,522.37 ($1,482 monthly service fee) • Schindler Elevator Corp. $4,356.00 SUMMARY: As a result of the armed intruder situation which took place at the Civic Center, Wednesday February 22, 2017, a comprehensive study was done of the access control system. Our security consultant and current access control provider was brought in to do this study. On March 2nd, Murphy Robinson, Dave Henderson and Dan Long met with Mike Beck and other Security Central personnel along with representatives of Consolidated Building Services. Floor plans of the Civic Center were reviewed, looking at every door and entry point (interior and exterior). An audit of all doors and entry points was done by walking the building to verify accuracy of prints and answer any questions the review raised. On March 3rd, the upgraded plan from Security Central was received. It included changes and additions to card readers, expanded use of proxy cards, panic buttons, lockdown buttons in key locations, glass security barriers, mag locks on specific doors, and security cameras. FINANCIAL IMPLICATIONS: The costs for this proposal are as follows: Access Control and Lock Down Button Installation $134,522,37 Monthly Service Fee $1,482.00 Installation of Card Reader at 1st Floor Employee Elevator $4,356.00 Page 366 of 385 Equipment Total $138,878.37 Monthly Service Fee $1,482.00 This project will be funded from the general fund balance. Page 367 of 385 care@securitycentralinc.com 303-721-0111 | 303-721-6490 Fax 7100 S. Clinton St. #200 Centennial, CO 80112 Project Proposal Proposal #: 10236-1-0 Project Title: Access Control and Lock Down System Installation Proposal Date: 04/26/2017 Prepared For: Dan Long City of Englewood 1000 Englewood Pkwy Englewood, CO dlong@englewoodgov.org (303) 994-4202 Proposal By: Mike Beck C.A.R.E. Consultant MichaelB@SecurityCentralInc.com 720-226-5934 Page 1 of 15 Page 368 of 385 Introduction Thank you for the opportunity to submit the attached proposal. At Security Central, we take the safety and security of our clients very seriously. Therefore, we listen carefully to the individual concerns and needs of each client so that we can recommend customized solutions to meet those needs. We have prepared the attached proposal in response to the information you have provided to us. The proposal represents our professional recommendations based on our understanding of your security objectives, desires, and budget. However, if you would like us to modify the scope or design of the recommendations in any way, we would be happy to provide a revised proposal. We recognize that you are entrusting us with the things that matter most to you. Therefore, we pledge to do all we can to C.A.R.E. for your personal safety and peace of mind. Sincerely, Mike Beck About Me Mike’s eight years in the Navy as a special warfare operations leader have given him a perspective on safety and security that most of us will never fully appreciate. But we certainly appreciate his service and sacrifice as he deployed multiple times to some of the most dangerous places in the world. Mike now uses his expertise to help Security Central clients address security and safety threats at their businesses or homes. With Mike on your side, you can be assured you are in very-well-trained hands! Michael Beck C.A.R.E. Consultant Page 2 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 369 of 385 Due to a recent security breach, the City of Englewood has requested upgrades to the current security system. After completing an extensive site survey, Security Central has designed an access control, lock-down button, and panic button system that will better protect critical areas in the building and better define boundaries between public and private space. As the authorized Honeywell commercial dealer for Colorado, Security Central will build upon the existing Honeywell access control system hosted through WinPak CS, and Honeywell panic button system. Note: This proposal assumes the job will be completed in its entirety. Separating into long or annual phases may result in additional engineer, permitting, labor, and project management fees. All access control equipment on this proposal must be installed in order for the building to have the desired level of security. Omitting doors or sections of building will result in "gaps" in the overall security design, and is NOT recommended. FIRST FLOOR ·Add card readers and electric strikes to non-public conference rooms/offices, storage room, back office access door from library, and first floor IT room. ·Add card readers and rim strikes to impact team exterior door and un-protected stairwell exterior/interior doors. ·Add card reader only to first floor main entrance door (door locking hardware is already tied into system). ·Add card reader to employee elevator (elevator contractor must provide location and hardware necessary for control). ·Add new access control panel to IT room to support new doors. ·Add door prop alarm for all exterior doors. SECOND FLOOR ·Add card readers and electric strikes to secure back offices, back doors to court room and council chamber, and 2nd floor IT room. ·Add electric strikes and program auto lock/unlock times for 2nd floor bathrooms. ·Add card readers and rim strikes to secure stairwell doors. ·Add panic buttons to museum and council chambers. ·Add new access control panels to IT room to support new doors. ·Add door prop alarm for all exterior doors. THIRD FLOOR ·Add card readers and electric strikes to the perimeter doors of the remaining un-secure quadrants (Community Development/Building Division and Utilities doors, HR conference room, and Finance conference room). ·Add card readers and rim strikes to stairwell doors. ·Add card reader and electric strike to mechanical room across from community development. ·Add wireless lock down button to Public Works Office. ·Add "Return to Schedule" reset button in data center. ·Add Request to Exist motions and buttons to 4 main quadrant mag-lock doors. ·Add new access control panels to IT room to support new doors. ·Provide lock-down input wires for intercom system integration. ·Add card-readers to new electronic barriers for back hallways. POLICE STAION ·Add lock down AND lock out button to dispatch center. ·Add "Return to Schedule" reset button to dispatch center. MAINTENANCE, SERVICE, INSPECTION, AND EXTENDED WARRANTY ·Includes all maintenance, service, inspections, and repair costs required to maintain system in its completed state as outlined by this scope of work and warranty agreement. This does not include future additions to the system, repairs from building construction projects, or damage from incidents normally covered by insurance provider (vandalism, fire, flood, etc.). EXCLUSIONS ·Conduit and conduit installation, 120VAC, Equipment for elevator integration. Provided by elevator contractor, Equipment for intercom system integration. Provided by intercom system contractor, Paint and patch-work, Access hatch cut-outs and hardware, Local Area Network equipment and configuration. Provided by on-site IT department. Scope Summary Project Details Page 3 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 370 of 385 Keyless Entry - 1st Floor $26,233.96 Qty Ext. PriceLocationDescription IT Room 1 $1,976.92Pro3200 Access Controller w/ Cabinet & Pwr Supply IT Room 6 $3,908.52Dual Reader Board As indicated on drawings 12 $1,698.48Honeywell Proximity Reader - Full Size All Interior Doors 6 $1,098.48HE - 500010401 - Hes Standard Body Strike 12/24 Stairwell Doors 4 $1,372.24Slimline Rim-Mount Elec. Strike (1/2 Depth) 2 on each floor 2 $1,590.74Access System Power Supply Other Items for: Keyless Entry - 1st Floor Qty Description Ext. Price Access Control Wire & Misc. Hardware 1.00 $3,940.65 $11,645.38 $10,647.93 $3,940.65 ___________ $26,233.96 Equipment SubTotal: Labor SubTotal: Other Items SubTotal: ________________________________ Keyless Entry - 1st Floor SubTotal: Page 4 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 371 of 385 Keyless Entry - 2nd Floor $37,529.61 Qty Ext. PriceLocationDescription IT Closet 2 $3,953.84Pro3200 Access Controller w/ Cabinet & Pwr Supply IT Closet 9 $5,862.78Dual Reader Board As indicated on drawings 15 $2,123.10Honeywell Proximity Reader - Full Size All interior doors 13 $2,380.04HE - 500010401 - Hes Standard Body Strike 12/24 Stairwell Doors 3 $1,029.18Slimline Rim-Mount Elec. Strike (1/2 Depth) IT Closet 2 $1,590.74Access System Power Supply Community Room 1 $367.43Electric Crash Bar Other Items for: Keyless Entry - 2nd Floor Qty Description Ext. Price Access Control Wire & Misc. Hardware 1.00 $5,456.25 $17,307.11 $14,766.25 $5,456.25 ___________ $37,529.61 Equipment SubTotal: Labor SubTotal: Other Items SubTotal: ________________________________ Keyless Entry - 2nd Floor SubTotal: Page 5 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 372 of 385 Keyless Entry - 3rd Floor $50,523.06 Qty Ext. PriceLocationDescription Data Center 2 $3,953.84Pro3200 Access Controller w/ Cabinet & Pwr Supply Data Center 10 $6,514.20Dual Reader Board 12 on First Floor, 14 on Second Floor, 16 on Third Floor 20 $2,830.80Honeywell Proximity Reader - Full Size All interior doors 12 $2,196.96HE - 500010401 - Hes Standard Body Strike 12/24 Stairwell Doors 4 $1,372.24Slimline Rim-Mount Elec. Strike (1/2 Depth) 2 on each floor 2 $1,590.74Access System Power Supply 4 Mag-Lock Doors on Third Floor 4 $301.48Request-to-Exit Motion Detector 4 Mag-Lock Doors on Third Floor 4 $473.80REX Button Other Items for: Keyless Entry - 3rd Floor Qty Description Ext. Price Access Control Wire & Misc. Hardware 1.00 $8,482.50 $19,234.06 $22,806.50 $8,482.50 ___________ $50,523.06 Equipment SubTotal: Labor SubTotal: Other Items SubTotal: ________________________________ Keyless Entry - 3rd Floor SubTotal: Page 6 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 373 of 385 Keyless Entry - General $11,505.23 Other Items for: Keyless Entry - General Qty Description Ext. Price Access System Permit, Submittal, & Inspecdtion 1.00 $11,505.23 $11,505.23 ___________ $11,505.23 Other Items SubTotal: ________________________________ Keyless Entry - General SubTotal: Professional Services : Monthly Description Ext. PriceTerm EasyAccess Hosting & Support Service ($6.33/door, includes current system)$551.00/mo.24 mo. Extended Equipment Warranty Service ($8.40/door, includes current system)$731.00/mo.24 mo. ________________________________ Monthly Professional Services SubTotal: ___________ $1,282.00/mo. Page 7 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 374 of 385 Lock-Down/Lock-Out System $4,054.62 Qty Ext. PriceLocationDescription Third Floor Civic Center, Police Dispatch 2 $347.66Innovonics Receiver Module Public Works Lock Down, Police Dispatch Lock Down, Data Center Reset, Police Dispatch Reset 4 $510.72Wireless 2-Button Tranmitter Other Items for: Lock-Down/Lock-Out System Qty Description Ext. Price Wire & Misc. Hardware 1.00 $632.80 $858.38 $2,563.44 $632.80 ___________ $4,054.62 Equipment SubTotal: Labor SubTotal: Other Items SubTotal: ________________________________ Lock-Down/Lock-Out System SubTotal: Page 8 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 375 of 385 Panic Button and Door Prop Alarm $4,675.89 Qty Ext. PriceLocationDescription All exterior doors 16 $615.20Wireless Door Transmitter - Door Prop Alarm 2 Per Floor, Door Prop Alarm Receiver 6 $710.70Wireless Repeater Museum, Coucil Chamber Staff Counter, 4 x Utilities 6 $595.74Wireless Hold-Up Switch $1,921.64 $2,754.25 ___________ $4,675.89 Equipment SubTotal: Labor SubTotal: ________________________________ Panic Button and Door Prop Alarm SubTotal: Professional Services : Monthly Description Ext. PriceTerm Alarm Monitoring Service - Panic Button and Door Prop Alam $40.00/mo.24 mo. Annual Inspection Service - Lock-Down and Panic Button System $160.00/mo.24 mo. ________________________________ Monthly Professional Services SubTotal: ___________ $200.00/mo. Other Information •Additional detection coverage and protective services are available for an additional fee. •All equipment installed by Security Central is warranted for one year unless extended warranty/maintenance services are purchased. Company provides no warranty of existing equipment. •Installation of conduit, high-voltage electrical connections, and phone/internet services are EXCLUDED from this proposal unless specifically noted in scope of work. •Customer must provide unobstructed access to system areas for installation and servicing of devices. Customer must dedicate adequate personnel and equipment resources to ensure that all furniture, merchandise, and equipment are moved away from system device locations. Additional trip charges and labor charges may apply if device areas are not accessible at scheduled time. •System uses a web-based software platform. Therefore, Customer must supply internet connection with available static I.P. address(es) for system equipment. Customer is responsible for all computer network hardware and programming to enable remote web-based connection to system equipment. •A fire alarm interface is required when magnetic locks are used. Equipment and labor for such interface is EXCLUDED from this proposal unless Security Central monitors and maintains your fire alarm system. Customer must contact your fire system servicing company for installation and programming of required fire alarm interface. •The web-hosted communication software requires a Public Static I.P. address for each access control panel. Customer must furnish the required I.P. addresses. If Customer does not have available Public Static I.P. address, Security Central can provide I.P. Address Hosting service for $10.00/month per control panel. Page 9 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 376 of 385 Services Agreement Service Location:Billing Location:Proposal No: 10236-1-0 Proposal Date: 04 / 26 / 2017 This Agreement is dated April 26, 2017 between Security Central, Inc. (the “Company”) and you (the “Customer”). This Agreement covers the system listed on the attached “Proposal” or “Purchase Order” or any system the Company takes over from another company (the “System”) and any services requested below for the following location. The Company has written this Agreement in simple, easy-to-read language because it wants the Customer to understand it. Please feel free to ask any questions. City of Englewood 1000 Englewood Pkwy Englewood, CO dlong@englewoodgov.org City of Englewood 1000 Englewood Pkwy Englewood, CO This Agreement is a legal document and is necessary because we live in a legal society. But we believe in being as simple, open, and honest as possible. Therefore, we would like to provide a brief summary of some of the important issues addressed in the following pages. 1.You are choosing to purchase the security products and services listed below to help reduce your risks in a dangerous world. You agree to subscribe to our services for the full initial term of the agreement; and we have based our pricing on your promise to do so. 2.Your System(s) is one minor part of your total risk management program. Therefore, your expectation of our liability needs to be equally small. You can purchase more security such as armed guards and additional insurance if you feel your situation warrants more protection. 3.You pay your insurance company to insure you against losses such as theft, fire, flood, etc. But your insurance company or others may try to sue us for damages or losses at your property. You agree to stop them from doing so. Services Purchased Systems Services Keyless Entry - 1st Floor - $26,233.96 Keyless Entry - 1st Floor - $0.00 / mo. Keyless Entry - 2nd Floor - $37,529.61 Keyless Entry - 2nd Floor - $0.00 / mo. Keyless Entry - 3rd Floor - $50,523.06 Keyless Entry - 3rd Floor - $0.00 / mo. Keyless Entry - General - $11,505.23 Keyless Entry - General - $1,282.00 / mo. EasyAccess Hosting & Support Service ($6.33/door, includes current system) - $551.00 Extended Equipment Warranty Service ($8.40/door, includes current system) - $731.00 Lock-Down/Lock-Out System - $4,054.62 Lock-Down/Lock-Out System - $0.00 / mo. Page 10 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 377 of 385 Panic Button and Door Prop Alarm - $4,675.89 Panic Button and Door Prop Alarm - $200.00 / mo. Alarm Monitoring Service - Panic Button and Door Prop Alam - $40.00 Annual Inspection Service - Lock-Down and Panic Button System - $160.00 Initial Investment Monthly Services $1,482.00/mo.$134,522.37 * * Plus sales tax of - $0.00 Page 11 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 378 of 385 Services Details Installation/Purchase. The Company agrees to sell the System and the Customer agrees to pay for it. The Company will own the System until the Customer does so. After that, the Customer will own the System except for the transmitting software, which contains the Company’s proprietary data and which the Company will always own. The Company agrees to install the System and the Customer agrees to pay the installation charge. The Company assumes no responsibility for any delay in installation. The Customer must pay all utility charges. The Customer must notify the Company in writing of any problems within 30 days after the installation. The Customer must pay for any additions or changes to the System beyond those shown on the Proposal. EasyAccess Hosting/Support. The Company agrees to provide the Customer with remote access to Company’s web-based access administration software to manage the keyless entry System(s) noted in attached Proposal for an initial term of ONE (1) year from the date of this Agreement. The Customer agrees to pay the Company the applicable hosting/support fees in advance as periodically billed with other services provided. After the initial term, the hosting/support services will automatically renew for annual terms. The parties understand and acknowledge that each party is subject to Article X, S. 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 the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. Extended Warranty/Maintenance. The Company will extended warranty services and covered repairs of the System(s) as noted in attached Proposal and Section 3 below for an initial term of ONE (1) year from the date of this Agreement. The Customer agrees to pay the Company the service fees in advance as periodically billed with other services provided. After the initial term, the services will automatically renew for annual terms. Covered repairs are subject to terms of Section 3 Limited Warranty. The parties understand and acknowledge that each party is subject to Article X, S. 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 the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. Monitoring. The Company agrees to monitor signals from the System for an initial term of ONE (1) year from the date of this Agreement. The Customer agrees to pay the Company all monitoring fees due during that initial term. After the initial term, the monitoring services will automatically renew for successive monthly terms. The parties understand and acknowledge that each party is subject to Article X, S. 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 the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. Once the Company receives an alarm signal, the Company will try to notify, via telephone or other electronic means, the person(s) and/or agency(s) identified on the Customer’s Notification List. However, the Company will not notify anyone if it reasonably believes that notification is not required. The Customer agrees to give the Company a completed Notification List and to update it as necessary. The Company is entitled to rely solely on the Customer’s Notification List. The Company is not responsible for trying to contact anyone else. Most Systems communicate alarm information via analog telephone lines. If the Company cannot connect the System to proper analog telephone lines, then the Customer must contact the telephone company, which will install and bill the Customer directly for any telephone lines or equipment, or purchase alternative System communication equipment and services such as cellular or I.P. alarm communicators. The Customer is responsible for maintaining all related communications equipment and power for that equipment. The Customer understands that no form of monitoring is error-free. The Customer also understands that the Company is not responsible for any interruption of service due to any cause beyond the Company’s control, such as faulty communication services or any damage or destruction to the Company’s equipment or facilities. The Company is not required to supply monitoring service to the Customer while such interruption continues. If the Customer requests, however, the Company will give the Customer a pro-rata refund if the interruption lasts more than 24 hours and is due to any damage or destruction to the Company’s equipment or facilities. The Customer understands: (1) how the System communicates with the monitoring facility; (2) that any change in the System’s communication equipment and/or service may disrupt these communications; and (3) that for an additional fee, Customer may obtain further protection for the Premises, including alternate communication services. Page 12 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 379 of 385 Terms & Conditions 1. LIMITATION OF THE COMPANY’S LIABILITY. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE, GROSS NEGLIGENCE (TO THE EXTENT PERMITTED BY INDIVIDUAL STATE LAW), OR THE FAILURE TO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE COMPANY’S MAXIMUM LIABILITY WILL BE THE GREATER OF $1,000 OR SIX (6) MONTHS OF MONITORING SERVICE FEES PAID. THE COMPANY WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY THE CUSTOMER AND THE COMPANY. IF THE COMPANY DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT. THE COMPANY EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY. THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE). THE CUSTOMER ACKNOWLEDGES THAT, FOR AN ADDITIONAL FEE, THE CUSTOMER MAY OBTAIN ADDITIONAL PROTECTION FOR THE PREMISES, INCLUDING ALTERNATE ALARM COMMUNICATION METHODS. 2. Insurance. The Customer understands that THE COMPANY IS NOT AN INSURER. The Customer is responsible for obtaining all insurance the Customer thinks is necessary, including coverage for personal injury and property damage. The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customer’s possessions, but rather are based on the cost of the System and the Company’s services. The Customer releases the Company from any liability for any event or condition covered by the Customer’s insurance. The Customer understands that the System is designed to reduce, but not eliminate, certain risks. The Company does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. The Company assumes no liability for those risks. 3. Limited Warranty. (a) For 12 months from the date of this Agreement, or as long as Extended Warranty/Repair Services are purchased, the Company warrants that if any part of the System installed by the Company does not work because of a defect or because of ordinary wear and tear, the Company will repair or replace that part at no charge to the Customer. The Company may use reconditioned parts in making repairs, but the Company warrants the replacement parts only for the remainder of the warranty period. This limited warranty does not cover batteries in wireless devices or existing system components, nor does it apply if the System has been damaged by acts beyond the Company’s control. Such acts include accidents, power surges, misuse, lack of proper maintenance, unauthorized changes or acts of God (including lightning, fires, earthquakes, tornadoes, hurricanes, floods, etc.). The Customer must notify the Company of any problem the Customer claims the Company’s limited warranty covers within the warranty period. The Company will repair the problem as soon as it reasonably can after it receives the Customer’s notice. (b) This limited warranty is the only warranty the Company makes, is made only if the Company installed the System, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides the Company has given the Customer any implied warranty, it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer. This limited warranty gives the Customer specific legal rights. The Customer may also have other legal rights that vary from state to state. 4. Customer’s Protection of Company. This Agreement is intended only for the Customer’s benefit. Therefore, the Customer agrees to protect/indemnify, defend and release the Company and the Company’s related parties from liability against all third party claims or losses (including reasonable attorneys’ fees) brought against the Company which relate to the System or the services the Company provides. The Company’s related parties include the Company’s employees, agents and subcontractors. This protection/indemnity covers claims brought against the Company by the Customer’s insurance company. It also includes claims arising under contract, warranty, negligence, or any other theory of liability. The Customer’s duty to protect/indemnify the Company, however, does not apply to claims based on injuries to third parties or to their property that occurred while the Company’s employees were on the Premises and which were caused solely and directly by those employees. In case of any third party claim or loss covered by the Customer’s insurance, the Customer agrees not to look to the Company or the Company’s related parties for reimbursement. The Customer waives any rights that the Customer’s insurance carrier or others claiming through the Customer may have against the Company or the Company’s related parties. Page 13 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 380 of 385 Terms & Conditions 5. The Customer’s Agreements. The Customer has the authority to sign this Agreement and in doing so will not violate any other agreement. The Customer is not aware of any hazardous conditions on the Premises. The Customer agrees to prevent false alarms and assume responsibility for them. If the Company notifies the Customer of a malfunction, the Customer will disconnect the System until the Company can repair it. In the event that the Customer is unwilling or unable to disconnect the System to prevent excessive signals from being transmitted to the Company, the Company will have the right to charge the Customer $1.00 per signal received in excess of 20 signals within a 24-hour period. The Customer will not tamper or interfere with the System, nor permit others to do so. The Customer agrees that the Company can record and use all communications with the Customerer and/or the Customer’s representatives in the normal course of the Company’s business. The Customer will test the System at least once a month, as well as when changes are made to its communication services or the Premises. The Customer will immediately notify the Company of any problems with the System. The Customer agrees that the Company can make program changes to the Company’s proprietary data located in the transmitting device. The Customer will pay the Company its then-current charges for doing any work not covered by this Agreement, including paying the Company’s minimum service charge if the Company cannot enter the Premises at the scheduled time. The Customer’s obligations continue even if the Customer sells or leaves the Premises. 6. The Customer’s Default. If the Customer fails to perform its obligations, the Company will give the Customer written notice of default. If the Customer does not fix the default within 30 days, the Company can end this Agreement. If the Company ends this Agreement, the Customer must pay the Company: (a) all amounts then due; (b) 90% of the amount due the Company for the remainder of this Agreement (as an agreed-upon amount of damages and not as a penalty); and (c) the Company’s reasonable collection costs, including attorneys’ fees. If this Agreement is ended, the Company does not have to provide any service, including monitoring, after that date. In addition, the Company can peacefully enter the Premises and remove its equipment. If the Company waives any default by the Customer, that does not mean the Company waives later defaults. Any waiver by the Company must be in writing. The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease. The Customer must return such property if it does not fully pay for it. If the Customer does not return such property, the Company will ask a court to force the Customer to do so. The Company has the rights of a secured party under the Uniform Commercial Code. 7. System Charges. The Customer agrees to obtain all licenses and pay all taxes, fines and other assessments, including sales taxes. The Company’s fees are based upon existing taxes and charges, and the Company can increase the Company’s fees to reflect changes in these taxes or charges. After the initial Term of this Agreement, the Company can increase the Company’s fees by a cumulative annual amount of up to 8%, in addition to any increases due to taxes or charges. 8. Transfers. The Customer cannot transfer this Agreement without the Company’s consent. However, the Company can transfer this Agreement or subcontract its obligations without the Customer’s consent. If the Company does so, anyone to whom the Company transfers or subcontracts its obligations will have all of the Company’s rights. The Company is not responsible, however, for any work, including monitoring, which is done negligently by any third party. 9. Notices; Limitation on Lawsuits; Jury Trial. Unless otherwise indicated, all notices must be in writing. The Customer or the Company may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current term. It is critical that the Customer give any termination notice in a timely manner. The Customer must bring any claim against the Company within 1 year after the claim arose. If the Customer does not, the Customer has no right to sue the Company and the Company has no liability to the Customer for that claim. It is critical that the Customer bring any claim in a timely manner. The provisions of this Agreement which apply to any claim remain in effect even after this Agreement ends. THE COMPANY AND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 10. Miscellaneous. This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Customer. This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service. This Agreement is governed by Colorado law. Electronic signatures are binding on the parties. If the Company does not approve this Agreement, the Company’s only obligation is to refund any payments the Customer has made. Any equipment or services the Company provides to the Customer in the future are subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both the Customer and the Company sign. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective. The word “including” means “including without limitation.” Except for monitoring, the Company will only do work during the Company’s normal business hours of 8:00 a.m. to 5:00 p.m. on weekdays, excluding holidays the Company observes. All schedules and attachments are a part of this Agreement. Page 14 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 381 of 385 Customer Acceptance #10236-1-0 Access Control and Lock Down System Installation EFT Payment Authorization As duly authorized signer on the financial institution account identified below, I authorize Security Central, Inc. to perform scheduled electronicfunds transfer debits and/or credits from my account identified below for payments due in advance: Monthly Quarterly Annually Bank Account # / CC # ________________________________________________ Exp Date: ____________ CSV Code: ______ Bank Name and Routing Number (or attach voided check) __________________________________________________________ Monitoring Notification List For monitoring service customers, please complete the Notification list below. This notification list is the instructions we will follow when we receive an alarm signal from your location. Please provide at least two contact people with all available contact Information and password. Contact us if you need assistance completing the Notification List. 1. 2. 3. 4. Notification List Name Hm/Wk/Cell Phone # Email Password On· Site Verification # THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS. THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS AGREEMENT, ESPECIALLY THOSE SECTIONS ABOVE RELATING TO ITS PROTECTION OF THE COMPANY AND THE COMPANY'S LIMITED LIABILITY AND WARRANTY. (CONSUMER TRANSACTIONS ONLY) YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT, IF APPLICABLE. SECURITY CENTRAL, INC. Customer Printed Name Title Security Central Representative Customer Authorized Signature Date Security Central Inc. Authorized Signature Mike Beck CITY OF ENGLEWOOD Page 15 of 15care@SecurityCentralInc.com | 303-721-0111 | 303-721-6490 Fax | 7100 S. Clinton St. #200 | Centennial, CO 80112 Page 382 of 385 SCHINDLER ELEVATOR CORPORATION 6950 West Jefferson Suite 210 Lakewood, CO 80235-2334 Phone: 303-777-5020 Fax: 303-777-4857 UPGRADE ORDERAGREEMENT Date: 04/21/2017 To: Englewood Civic Center 1000 Englewood Pkwy Englewood, CO 80110-2373 Attn: Dan Long Estimate Number: MSLK-ALL TMP (2017.2.1) Customer: Englewood Civic Center 1000 Englewood Pkwy Englewood, CO 80110-2373 Schindler hereby propose? to furnish and install the following with respect to the equipment located at the above building: Install Card Reader Schindler will work with the security company to install a card reader on the first floor hall station for the elevator. This card reader will be supplied by the security company. Schindler will work with the team to ensure proper installation and operation. The operation, condition and performance of the card reader is the responsibility of the security company. Schindler will only be responsible for issues caused by negligence during the installation. Price: $4,356.00, plus applicable taxes. (Quotations valid for 60 days; price based upon work during regular working hours of regular working days.) Payment: Payable in full within 30 days of invoice. Schindler retains title to any equipment furnished hereunder until final payment is made. Late or non-payment will result in assessment of interest charged at a rate of 1 1/2% per month or the highest legal rate available, and any attorneys' fees, expenses and costs of collection. Page 1 of 3 MSLK-ALL TMP 2017.2.1 Page 383 of 385 The attached terms and conditions are incorporated herein by reference. Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement. By: Matthew Slezak For: Schindler Elevator Corporation Title: Sales Representative Date: 4/21/2017 Approved: By: Erik Richardson Title: District Manager Date: '··\ Page 2 of 3 MSLK-ALL TMP 2017.2.1 Accepted: By: For: Englewood Civic Center Title: ------------ Date: Page 384 of 385 TERMS AND CONDITIONS 1.Any changes to the building to meet local or state codes are to be made by Purchaser. Any changes in the Work required due to building conditions discovered in the performance of the Work will be paid by Purchaser. 2.No work, service materials or equipment other than as specified hereunder is included or intended. 3.Purchaser retains its normal responsibilities as Owner of the equipment which is subject of this Agreement. 4.Schindler will not be liable for damages of any kind, in excess of the Price of this Agreement, nor in any event for special, indirect, consequential or liquidated damages. 5.Any cutting and patching is by others and not included in this work. 6.Neither party shall be responsible for any loss, damage, detention or delay for causes beyond its reasonable control, including strikes, lockouts, or labor disputes, or acts of God. Dates for the performance or completion of the work shall be extended as is reasonably necessary to compensate for the delay. 7.We warrant that the work will comply with the specifications and that there will be no defects in materials or workmanship for one year after completion of the work or acceptance thereof by beneficial use, whichever is earlier. Our duty under this warranty is to correct nonconformance or defect at our expense within a reasonable time after the receipt of notice. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Purchaser's remedies hereunder are exclusive.11> _g_ Purchaser agrees to de�nd, indeFAniry and i=lelel Sohindler harmleas from and against any olaims, la1usldits, demands, jud§FAents, damages, easts anel expenses arisin9 011t of thjs Agreement except to the extent ..caldsed by or resultin9 from the sole and direct fab•lt of Schindler 9.Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if the Agreement is terminated. Page 3 of 3 MSLK-ALL TMP 2017.2.1 Page 385 of 385