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Home My WebLink About2017-10-02 (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, October 2, 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 September 18, 2017. City Council Regular - 18 Sep 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. Ben Watson, an Englewood resident, will address Council regarding cell phone tower implications. b. Kathleen Bailey, an Englewood resident, will address Council regarding health and safety. c. Belinda Porter, an Englewood resident, will address Council regarding ethics. d. Elaine Hults, an Englewood resident, will address Council. e. Geoff Frazier, an Englewood resident, will address Council regarding biogas. 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 a. Double Tenth Day of the Republic of China (Taiwan) Taiwan Friendship Day Proclamation Page 1 of 353 Englewood City Council Regular Agenda October 2, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. L/E WWTP Revised Cherry Hills Village Sanitation District Addendum to Connector's Agreement Council Bill 57 The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised Cherry Hills Village Sanitation District Addendum to Wastewater Connector's Agreement. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doane ii. L/E WWTP Revised South Arapahoe Sanitation District Addendum to Connector's Agreement Council Bill 58 The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised South Arapahoe Sanitation District Addendum to Wastewater Connector's Agreement. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doan iii. L/E WWTP Cherryvale Sanitation District Addendum to Connector's Agreement Council Bill 59 The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the Cherryvale Sanitation District Addendum to Wastewater Connector's Agreement. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doane iv. L/E WWTP Revised City of Sheridan Addendum to Connector's Agreement Council Bill 60 The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised City of Sheridan Addendum to Wastewater Connector's Agreement. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doane v. L/E WWTP Revised Southgate Sanitation District Addendum to Connector's Agreement Council Bill 61 The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised Southgate Sanitation District Addendum to Wastewater Connector's Agreement. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doane vi. L/E WWTP Sheridan Sanitation District No. 1 Addendum to Connector's Agreement Council Bill 62 The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the City of Sheridan #1 Sanitation Page 2 of 353 Englewood City Council Regular Agenda October 2, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. District Addendum to Wastewater Connector's Agreement. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doane c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. 2018 City of Englewood Budget Ordinances - 1st Reading Council Bill 53 Staff recommends Council approve the proposed bill for an ordinance adopting the 2018 Budget. Staff: Finance and Administrative Services Director Kathleen Rinkel ii. 2018 City of Englewood Budget Appropriations - 1st Reading Council Bill 52 Staff recommends Council approve the proposed Bill for an Ordinance appropriating funds for 2018. Staff: Finance and Administrative Services Director Kathleen Rinkel iii. 2018 LEWWTP Budget Ordinances - 1st Reading Council Bill 56 Staff recommends Council approve the proposed bill for an ordinance adopting the Littleton/Englewood Wastewater Treatment Plant Budget for fiscal year 2018. Staff: Finance and Administrative Services Director Kathleen Rinkel iv. 2018 LEWWTP Budget Appropriation - 1st Reading Council Bill 54 Staff recommends Council approve the proposed bill for an ordinance appropriating funds for the Littleton/Englewood Wastewater Treatment Plan for fiscal year 2018. Staff: Finance and Administrative Services Director Kathleen Rinkel v. Establish 2017 Mill Levy (Collected in 2018) - 1st Reading Council Bill 55 Staff recommends that Council approve this bill for an ordinance establishing the 2017 mill levy to be collected in 2018. Staff: Finance and Administrative Services Director Kathleen Rinkel b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Police Headquarters Building Commissioning Police Headquarters Building Commissioning - Pdf Staff recommends Council award, by motion, a Professional Services Contract in the amount of $45,325 with NORESCO for Building Commissioning services for the Police Headquarters project. Staff: Public Works Director Dave Page 3 of 353 Englewood City Council Regular Agenda October 2, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Henderson ii. Technology Consulting Services for Police Headquarters Building IT/AV Professional Services for Police Headquarters Building - Pdf Staff recommends Council award, by motion, a Professional Services Contract in the amount of $27,150.00 with Acuity, Inc. for IT and AV Design Consulting Services for the Police Headquarters project. Staff: Public Works Director Dave Henderson iii. Dry Gulch Floodplain Resolution Resolution - Endorsement of the Dry Gulch Floodplain - Pdf 2017 Dry Gulch FHAD Staff recommends that the Council pass a resolution acknowledging the adoption of the Dry Gulch Floodplain by the Colorado Water Conservation Board. Staff: Engineering Manager Paul Weller iv. Memorandum of Understanding (MOU) with Town of Morrison Memorandum of Understanding (MOU) with the Town of Morrison - Pdf Staff recommends Council approve a MOU for an Intergovernmental Agreement between the City of Englewood and the Town of Morrison. Staff: Deputy Police Chief Sam Watson 12. General Discussion a. Mayor's Choice i. Joshua School Historic Preservation Grant application. b. Council Members' Choice 13. City Manager’s Report a. BAC Budget Report Feedback b. Xcel Energy Renewable Connect Program RenewableConnect CO Overview Deck External RenewableConnect CO Information Sheet 14. City Attorney’s Report 15. Adjournment 16. Mayor/Manager Agenda Setting Page 4 of 353 MINUTES City Council Regular Meeting Monday, September 18, 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 7:08 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 Interim Assistant City Manager Woulf Acting City Clerk Carlile Acting Deputy City Clerk McKinnon Director Rinkel, Finance and Administrative Services Director Kuosman, Littleton/Englewood Wastewater Treatment Plant Capital Project and Asset Leadership Manager Woo, Littleton/Englewood Wastewater Treatment Plant Deputy Director Business Administration/Communications Manager Doane, Littleton/Englewood Wastewater Treatment Plant Page 1 of 9 Draft Page 5 of 353 City Council Regular September 18, 2017 Government Relations Specialist Varner, Littleton/Englewood Wastewater Treatment Plant Senior Planner Stitt, Community Development Budget and Revenue Manager Nolan, Finance and Administrative Services Commander Martin, 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 September 5, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5, 2017. 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. 6 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, addressed Council regarding the Integral report. b) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. c) Elaine Hults, an Englewood resident, addressed Council regarding the Budget. 7 Recognition of Unscheduled Public Comment a) Scott Gilbert, an Englewood resident, addressed Council regarding FCPA filing deadlines. 8 Communications, Proclamations, and Appointments a) Proclamation for Sammy Ward Day September 20, 2017. Moved by Council Member Rick Gillit Seconded by Council Member Amy Martinez Page 2 of 9 Draft Page 6 of 353 City Council Regular September 18, 2017 TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 20, 2017 SAMMY WARD DAY IN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 0 Motion CARRIED. 9 Consent Agenda Items Moved by Council Member Rick Gillit, seconded by Council Member Steve Yates to approve Consent Agenda Items 9 (a) (i) – (vi) and 9 (b) (i). Council Member Laurett Barrentine removed Agenda Item 9 (b) (i) from Consent Agenda. a) Approval of Ordinances on First Reading i) L/E WWTP Revised Cherry Hills Village Sanitation District Addendum to Connector's Agreement COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. ii) L/E WWTP Revised South Arapahoe Sanitation District Addendum to Connector's Agreement COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT AND THE CITY OF Page 3 of 9 Draft Page 7 of 353 City Council Regular September 18, 2017 ENGLEWOOD, COLORADO. iii) L/E WWTP Cherryvale Sanitation District Addendum to Connector's Agreement COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN CHERRYVALE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. iv) L/E WWTP Revised City of Sheridan Addendum to Connector's Agreement COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO. v) L/E WWTP Revised Southgate Sanitation District Addendum to Connector's Agreement COUNCIL BILL NO. 61, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. vi) L/E WWTP Sheridan Sanitation District No. 1 Addendum to Connector's Agreement COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SHERIDAN SANITATION DISTRICT #1 AND THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates Page 4 of 9 Draft Page 8 of 353 City Council Regular September 18, 2017 Motion to approve Consent Agenda items 9 (a) (i - vi). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CDBG IGA [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rick Gillit Seconded by Council Member Amy Martinez MOTION TO APPROVE COUNCIL BILL NO. 49 Moved by Council Member Joe Jefferson Seconded by Council Member Rita Russell MOTION TO AMEND COUNCIL BILL NO. 49 TO MAXIMIZE THE PERMISSIBLE ADMINISTRATIVE REIMBURSEMENT AMOUNT UNDER THE CONTRACT OF $14,600. For Against Abstained Amy Martinez x Joe Jefferson (Moved By) x Linda Olson x Laurett Barrentine x Rita Russell (Seconded By) x Rick Gillit x Steve Yates x 3 4 0 Motion DEFEATED. Moved by Council Member Rick Gillit Page 5 of 9 Draft Page 9 of 353 City Council Regular September 18, 2017 Seconded by Council Member Amy Martinez ORDINANCE NO. (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 5 2 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Item 11 (c) (i).) 10 Public Hearing Items a) Proposed 2018 Budget Hearing Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO OPEN THE PUBLIC HEARING FOR THE PROPOSED FISCAL YEAR 2018 BUDGET. 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 Page 6 of 9 Draft Page 10 of 353 City Council Regular September 18, 2017 Motion CARRIED. All testimony was given under oath. City Manager Eric Keck presented information regarding the proposed 2018 budget and answered questions from Council. Chairperson of the Budget Advisory Committee addressed Council regarding the proposed 2018 Budget. One Citizen had questions regarding the proposed 2018 Budget. No Citizens spoke in favor of the proposed 2018 Budget. Three Citizens spoke in opposition of the proposed 2018 Budget. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED FISCAL YEAR 2018 BUDGET. 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. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Items 9 (a) (i) - (vi).) b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See Agenda Item 9 (b) (i).) Page 7 of 9 Draft Page 11 of 353 City Council Regular September 18, 2017 c) Resolutions and Motions i) L/E WWTP Biosolids Farm Storage Pad Repair and Overlay Project Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION APPROVING A CONTRACT WITH ASPHALT COATING COMPANY, INC., FOR AN ASPHALT REPAIR AND OVERLAY PROJECT LOCATED AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS FARM STORAGE PAD, IN THE AMOUNT OF $134,148.06. 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. 12 General Discussion a) Mayor's Choice b) Council Members' Choice i) Mayor/Manager meetings discussion. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell MOTION TO HAVE THE MAYOR/MANAGER MEETINGS HELD ON TUESDAYS AT 2:30 P.M. AND TO HAVE THE MEETINGS OPEN TO THE PUBLIC AND RECORDED. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson MOTION TO AMEND THE MOTION TO CONDUCT THE MAYOR/MANAGER MEETINGS AT THE END OF THE STUDY SESSIONS AND REGULAR MEETINGS. Page 8 of 9 Draft Page 12 of 353 City Council Regular September 18, 2017 For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 0 Motion CARRIED. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell MOTION TO APPROVE AS AMENDED. 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. 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:17 p.m. Acting City Clerk Page 9 of 9 Draft Page 13 of 353 Page 14 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: October 2, 2017 SUBJECT: L/E WWTP Revised Cherry Hills Village Sanitation District Addendum to Connector's Agreement DESCRIPTION: L/E WWTP Revised Cherry Hills Village Sanitation District Addendum to Connector's Agreement RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised Cherry Hills Village Sanitation District Addendum to Wastewater Connector's Agreement. PREVIOUS COUNCIL ACTION: City Council approved the standard Sanitary Sewer Connector's Agreement in May 1997. Council approved a Bill for an Ordinance on first reading at their April 3, 2017 meeting and on second reading at their April 17, 2017 meeting. After additional revisions were necessary to obtain consistent language for all Englewood's Addendums, the City Council approved a Bill for an Ordinance on first reading at their September 18, 2017 meeting. SUMMARY: An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was necessary to provide adequate delegation of the Pretreatment Program implementation to the Cities of Littleton and Englewood Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector's Agreement wit the district owning and maintaining their sewer mains. the Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting districts within the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation district and Southgate Sanitation district have been revised. Page 15 of 353 ANALYSIS: A majority of the revisions are to establish legal language and terminology in a consistent manner. The revisions deemed substantial include: 1.) The removal of specific language requiring the agreements to be reviewed and revised, at least every five (5) years. 2.) The addition of the following City Responsibility language: “The City will make a reasonable effort to notify the District in advance of any public hearing to change municipal code provisions referenced in this Addendum, and make a reasonable effort to provide an opportunity for the District to comment on proposed changes.” 3.) The addition of the following City Responsibility language pertaining to emergency action to stop or prevent discharges from Industrial Users posing imminent danger: “In the event the City deems such emergency action appropriate it shall provide with the District with notice thereof in advance, if possible, but no later than 24-hours after the action is initiated.” 4.) The addition of the following District Responsibility language pertaining to the implementation and enforcement of the Industrial Pretreatment Program: “In the event the District fails to provide resources, adequately implement or enforce the Industrial Pretreatment Program, the District agrees that the City may take such action on beh alf of and as an agent for the District, provided that the City provides notice of such action to the District.” The Cherry Hills Village Sanitation District will continue to own the mains and will be responsible for capital improvements in their systems. The Englewood Water and Sewer Board approved the revised Addendum at their August 8, 2017 meeting. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Council Bill for Ordinance Exhibit A - Addendum to Wastewater Connector's Agreement Wastewater Connector's Agreement Program Modification Letter - EPA Approval Memo to Water and Sewer Board August 8, 2017 Water and Sewer Board Minutes Page 16 of 353 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 57 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the L/E Wastewater Treatment Plant (WWTP); and WHEREAS, the L/E WWTP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; and WHEREAS, the L/E WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the L/E WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector’s Agreement for Districts between Cherry Hills Village Sanitation District and Englewood by the passage of Ordinance No. 54, Series of 1997; and WHEREAS, The L/E WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the L/E WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the L/E WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector’s Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the L/E WWTP update the Intergovernmental Wastewater Connector’s Agreement Ordinance No. 54, Series of 1997, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector’s Agreement responds to EPA’s corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and Page 17 of 353 WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Cherry Hills Village Sanitation District Addendum to Wastewater Connector’s Agreement at their March 14, 2017 meeting. WHEREAS, The Englewood City Council approved the Cherry Hills Village Sanitation District Addendum to Wastewater Connector’s Agreement at their April 17, 2017 City Council Meeting; and WHEREAS, after approval it was discovered that language in the addendum did not reflect the language in the other addendums; and WHEREAS, this Addendum was revised to gain consistent language and defined responsibilities across all of the connecting districts, and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Revised Addendum to Wastewater Connector’s Agreement on August 8, 2017; and WHEREAS, the Revised Addendum to Wastewater Connector’s Agreement supersedes and replaces the Addendum to Wastewater Connector’s Agreement signed by the District on April 4, 2016 and approved by the Englewood City Council on April 17, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and Cherry Hills Village Sanitation District entitled “Revised Addendum to Wastewater Connector’s Agreement” is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental “Revised Addendum to Wastewater Connector’s Agreement”, for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of September, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of September 2017 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 5th day of October, 2017. Published by Title on the City’s official website beginning on the 4th day of October, 2017 for thirty (30) days. Page 18 of 353 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 19 of 353 REVISEDADDENDUMTOWASTEWATERCONN'ECTOR‘SAGREEMENTForSanitationDistrictswithIndustrialUsersThisRevisedAddendumismadeandenteredintothisdayof2017,tobeeffectiveasof,byandbetweentheCITYofENGLEWO0D,COLORADO,hereina?errcfenedtoas“City”,amunicipalcorporation,actingbyandthroughitsdulyelected,quali?edandauthorizedMayorandCityClerk,andCherrvHillsVillageSanitationDistrict(NameofslmurtionDistrict)oftheStateof(Tweofllrrtity)Colorado,hereinaftercalled“District”,actingbyandthroughitsauthorizedRepresentative.WITNESSETHWHEREAS,onApril17,2017theEnglewoodCityCouncilapprovedtheAddendumstoWastewaterConnectorsAgreementsbetweentheCityofEnglewoodandvarioussanitationdistricts;andWHEREAS,a?erapprovalitwasdiscoveredthatlanguageinthefollowingaddendumsCityofSheridan,CherryHillsVillageSanitationDistrict,SouthArapahoeSanitationDistrictandSouthgateSanitationDistrictdidnotreflectthelanguageintheotheraddendums,andWHEREAS,togainconsistentlanguageandde?nedresponsibilitiesacrossallconnectingdistricts,theaddendumsfortheCityofSheridan,CherryHillsVillageSanitationDistrict,SouthArapahoeSanitationDistrictandSouthgateSanitationDistrict,havebeenrevised;andWHEREAS,thisRevisedAddendumtoWastewaterConnector’sAgreementsupersedesandreplacestheAddendumtoWastewaterConnector’sAgreementsignedbytheDistrictonApril27,2017andapprovedbytheEnglewoodCityCouncilonApril17,2017;andWHEREAS,theCityandtheDistrictpreviouslyenteredintoaConnector'sAgreement,(“Agreement”)datedMay12,1997,acopyofwhichisattachedheretoandincorporatedbyreference,pursuanttowhichtheCityandtheDistrictagreedthattheCitywouldprovidewastewatertreatmentservicestotheDistrictthroughtheLittleton/EnglewoodBi-CityWastewaterTreatmentPlant(“WastewaterPlant“);andWHEREAS,thetermsandprovisionsoftheAgreementremainineffectunlessexpresslymodi?edbythisRevisedAddendum;andWHEREAS,theUnitedStatesEnvironmentalProtectionAgency(“EPA”)hasinstructedtheCitytoestablishaninter-jurisdictionalagreementbetweentheCityandtheDistrictwhichprovidestheCitywiththeauthoritytoimplementthe“IndustrialPretreatmentProgram”,containedin40CFRPart403promulgatedbytheEPAandTitle12,Chapter2,Section5,oftheCityofEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode,foranyindustrialuserscurrentlylocatedorherea?erlocatingintheDistrict;andlPage 20 of 353 WHEREAS,theAgreementprovidesthatintheoperationoftheDistrict’ssanitarysewersystemallapplicableCitymunicipalcodeprovisionsandmlesandregulationsoftheCityshallbetheminimumstandardsfortheDistrict'ssanitarysewersystem;andWHEREAS,theCityhasdetenninedthattheprovisionsoftheAgreementprovidetheCitywithsufficientauthoritytosatisfytheinter-jurisdictionalagreementrequirementsimposedbytheEPA;andWHEREAS,thepartiesdesiretofurtherclarifytheobligationsandresponsibilitiesoftheDistrictandtheCitywithrespecttotheenforcementoftheCity’sMunicipalCode,rulesandregulationswithintheserviceareaofdieDistrict;andWHEREAS,theEPAde?nes“IndustrialUser”as“asourceofnondomesticwaste”and“anynondomesticsourcedischargingpollutantstoaPubliclyOwnedTreatmentWorks”.EPAde?nesNondomesticUseras“anypersonorentitythatdischargeswastewaterfromanyfacilityotherthanaresidentialunit".NOWTHEREFORE,inconsiderationofthemutualpromisesandcovenantshereina?ercontained,thepartiesagreeasfollows:1.Therecitalsaboveareincorporatedhereinbythisreference.2.TheCityandDistrictmutuallyagreetocomplyfullywithallapplicablefederal,stateandlocallaws,rulesandregulations,includingbutnotlimitedto40CFRPart403promulgatedbytheEPA,ColoradoRegulations5CCRl002—63promulgatedbytheColoradoWaterQualityCommissionpursuanttoColoradoRevisedStatute22-8-S08,andTitle12,Chapter2,Section5oftheEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode,aseachisamended?omtimetotime,andallwastewatercontributionrequirementsadoptedbytheCityinaccordancewiththeAgreement.3.Theparties,fromtimetotime,shallreviewandrevisethisAddendum,ifnecessary,toensurecompliancewith42U.S.C.§1251etseq.,oftheFederalCleanWaterAct,thefederalrulesandregulationsfoundat40CFRPart403issuedthereunder,andtheCityMunicipalCode.I.CityResponsibilities1.TheCityshallberesponsibleforandshallacceptthefollowingdutiesandpcrfonnthefollowingactionsinrelationtoallcurrentandfutureIndustrialUsersand/orNondomesticUserslocatedwithintheDistrict,andtheDistrictagreestocooperatetotheextentnecessaryfortheCitytosuccessfullycarryoutitsresponsibilities:A.TheCity,onbehalfofandasanagentfortheDistrict,shallperformtechnicalandadministrativedutiesnecessarytoassisttheDistrictwiththeimplementationandenforcementoftheDist:rict’srulesandregulationsregardingIndustrialUsersandlorNondomesticUsers.Withoutlimitingthegeneralityoftheforegoing,theCityagreesthatitshall:2Page 21 of 353 (ii)(iii)(iv)(V)(vi)(vii)(viii)UpdatetheCity’sindustrialwastesurvey;IssuepermitstoallIndustrialUsersand/orNondomesticUserswithintheDistrictrequiredtoobtainapermit;Havetherighttoconductinspections,sampling,andanalysis;TakeallappropriateenforcementactionsasoutlinedintheCity'senforcementresponseplanandconsistentwiththisAddendum;ProvidenoticetotheDistrictofenforcementactionstakenbytheCityagainstanyIndustrialUserand/orNondomesticUserslocatedwithintheDistrictboundaries;Performanyothertechnicaloradministrativedutiesthepartiesdeemappropriate;UponreasonablenoticetotheCity,providetheDistrictaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserslocatedwithintheDistrlct’sservicearea.TheCitywillmakeareasonableefforttonotifytheDistrictinadvanceofanypublichearingtochangemrmicipalcodeprovisionsreferencedinthisAddendum,andmakeareasonableelforttoprovideanopportunityfortheDistricttocommentonproposedchanges.Inaddition,theCitymay,asappropriate,andasanagentoftheDistrict,takeemergencyactiontostoporpreventthedischargefromIndustrialUsersorNondomesticUsersofanywastewaterwhichpresentsormaypresentanimminentdangertothehealth,safetyandwelfareofhumansorwhichreasonablyappearstothreatentheenvironment,orwhichthreatenstocauseinterferencewith,orpassthroughtheWastewaterPlant,orcausesludgecontamination.IntheeventtheCity<leemssuchemergencyactionappropriateitshallprovidetheDistrictwithnoticethereofinadvance,ifpossible,butnolaterthan24-hoursaltertheactionisinitiated.TheCity,onbehalfoftheDistrict,agreestoperformthefollowingactionsassetforthin40CFRPart403.8(f)andsumrrrarizedasfollows:(i)(ii)(iii)(iv)(V)Controlthroughpennit,orsimilarmeans,thecontributiontotheCitybyIndustrialUsersand/orNondomesticUsers;RequirecompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsersand/orNondomesticUsers;DenyorconditionneworincreasedcontributionsofpollutantsorchangesinthenatureofpollutantsbyIndustrialUsersand/orNondomesticUsers;RequirethedevelopmentofcomplianceschedulesbyeachIndustrialUsersand/orNondomesticUsersfortheinstallationoftechnologyrequiredtomeetapplicableIndustrialPretreatmentProgramstandardsandrequirements;Requirethesubmissionofallnoticesandself-monitoringreportsRomIndustrialUsersand/orNondomesticUsersasarenecessarytoassessandassurecompliancebyIndustrialUsersand/orNondomesticUserswithPage 22 of 353 IndustrialPretreatmentProgramstandardsandrequirements,including,butnotlimitedto,thereportsrequiredin40CFR402.12;(vi)Carryoutallinspection,surveillanceandmonitoringproceduresnecessarytodetermine,independentofinfonnationsuppliedbyIndustrialUsersand/orNondomesticUsers,complianceornoncompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsers;(vii)EnterpremisesofanyIndustrialUserand/orNondomesticUserinwhichadischargesourceortreatmentsystemislocated,orinwhichrecordsarerequiredtobekeptpursuantto40CFR403.12(0),toassurecompliancewithIndustrialPretreatmentProgramstandardsandrequirements;(viii)EvaluatecompliancewiththeIndustrialPretreatmentProgramstandardsandrequirementsandobtainremedies,includingtheabilitytoseekinjunctivereliefandassesscivilorcriminalpenaltiesforeachviolation;(ix)Conformtocon?dentialityrequirementssetforthin40CFRPart403.14oftileIndustrialPretreatmentProgramstandardsandrequirements.IftheDistrictperformsitsownfats,oilsandgrease(“FOG")programorpetroleum,oil,greaseandsand(“POGS”)progmmitshallnotifytheCityintheeventthattheDistrictdiscontinuesitsFOGorPOGSprogram.Inwhichcase,theCityshallthenadministertheFOGandPOGSprograminadditiontoadministratingtheremainingsectorcontrolprogramsonbehalfofandasagentfortheDistrict.TheCityshallhavetherighttochargeareasonableinspectionfeetotheDistrictforanyinspectionrelatedtoIndustrialUsersandlorNondomesticUserswithintheDistrict'sservicearea.IntheeventthattheDistrictdoesnotperfonnFOGorPOGSprogramsthepartiesagreethattheCityshallperfonnandberesponsiblefortheadministrationoftheseprograms,aswellastheremainingSectorControlProgram.TheCityshallhavetherighttochargeareasonableinspectionfeetoDistrictforanyinspectionrelatedtoIndustrialUsersorNondornesticUserswithintheDistrict.TheCityshallberesponsibleforadministratingtheremainingsectorcontrolprogramsintheDistrictnotwithstandingthattheDistrictperfonnsitsownFOGandP065programs.11.DistrictResponsibilitiesTheDistrictisresponsiblefor,andshallaccept,thefollowingdutiesandperformthefollowingactionsforandinrelationtoallcurrentandfutureIndustrialUsersand/orNondomesticUserswithintheDistrict'sservicearewA.Withinfour(4)monthsofthisaddendum,theDistrictshalladoptenforceablelocalseweruserulesand/orregulationswhicharenolessstringentandareasbroadinscopeastheIndustrialPretreatmentProgramsectionoftheWastewaterUtilityOrdinancefoundinTitle12,Chapter2,Section5,oftheCityofEnglewoodMunicipalCodeorfoundinTitle7,Chapter5,Section25oftheCityofLittleton4Page 23 of 353 G.MunicipalCode.TheCitywillprovidetotheDistrictmodelregulationsandanynecessaryrevisionstotheruleand/orregulations?orntimetotime,andtheDistrictwilladopttherevisionstoitslocalseweruserulesand/orregulationsthatareatleastasstringentasthoseadoptedbytheCity.TheDistrictwillmaintaincurrentinfonnationonIndustrialUsersand/orNondomesticUserslocatedwithintheDistrict'sservicearea,andprovideIndustrialUsers’infomrationtotheCityuponrequest.TheDistrictagreestoprovidetotheCityaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserslocatedwithintheDistrict’sservicearea.TheDistrictshallenforcetheprovisionsofitslocalseweruseregulations.IntheeventtheDistrictfailstotakeadequateenforcementactionagainstnoncompliantIndustrialUsersand/orNondomesticUsersintheDistrictonatimelybasis,theDistrictagreesthattheCitymaytakesuchactiononbehalfofandasanagentfortheDistrict,providedthattheCityprovidesnoticeofsuchactiontotheDistrict.TheDistrictshallprovidetheresourcesandcommittoimplementationandenforcementoftheIndustrialPretreatmentProgramstandardsandrequirementsfortheIndustrialUsersand/orNondomesticUsersintheDistrictwiththeCity’soversightoftheprogram.IntheeventtheDistrictfailstoprovideresources,adequatelyimplementorenforcetheIndustrialPretreatmentProgram,theDistrictagreesthattheCitymaytakesuchactiononbehalfofandasanagentfortheDistrict,providedthattheCityprovidesnoticeofsuchactiontotheDistrict.TheDistrictagreesthatintheeventthattheCityisrequiredtotakeresponsibilityforinspectionsofIndustrialUsersand/orNondomesticUsersonbehalfoftheDistrict,duetoinaction,re?rsaltoinspect,orlackofpersoru-reltoinspect,bytheDistrict,theCitymaychargetheDistrictforthecostsofanysuchinspections.TheDistrictagreesthatiftheauthorityoftheCitytoactasagentfortheDistrictunderthisAddendumisquestionedbyanIndustrialUserand/orNondomesticUser,courtoflaw,orotherwise,theDistrictwilltakeactiontoensuretheimplementationandenforcementofitslocalseweruseregulationsagainstanyIndustrialUsersandNondomesticUsers,withintheDistrict’sservicearea,includingbutnotlimitedto,implementingandenforcingitslocalsewerregulationsonitsownbehalfand/oramendingthisAddendumtoclarifytheCity‘sauthority.TheDistrictISNOTresponsibleforadministeringtheFOGandPOGSprograms,includingconductingallinspectionsrequiredbytheseprograms.IfanytemrofthisAddendumisheldtobeinvalidinanyjudicialaction,theremainingtermswillbeunaffected.R.EMAlNDEROFPAGEINTENTIONALLYBLANK5Page 24 of 353 CITYOFENGLEWOODMayorAttestg232?;£1252:/?g?xjz///%7;0-'7K2/J7}/C7‘SanitatinDistrictDistrictOf?cialg!StateofColorado))ss.CountyofArapahoe)Theforgoinginstrumentwasacknowledgedbeforemethis/Mdayofy,20/7,atCé?[9/K/Q-Eolorado,by$3C/3.MémzémWitnessmyhandandofficialseal.MyCommissionexpires:,$53’5/]KATHYL.McKUNENOTARYPUBLICSTATEOFCOLORADONOTARYID19944001811IIVCOIIMISSKZINamassMARCH3,maNotPub‘Page 25 of 353 CONNECTOR 'S AGREEMENT AGREEMENT,made and entered into this /g day of,1997 by and between the CIT OF COLORADO,a municipal corporation,hereinafter referred o as "city,"acting by and through its duly elected, qualified and authorized Mayor and City Clerk,and N ATION D STRICT I of the State of Colorado,hereinafter called "District,"acting by and through its duly authorized Board of Directors 7 WITNES S ETH WHEREAS,the city owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton,so situated physically as to be able to receive and treat the sewage gathered by the District; and WHEREAS,it is the desire of the District to utilize the facilities owned by the City for the treatment of sewage and the City is willing to serve the District for treatment of sewage under certain conditions: NOW,THEREFORE,IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth,it is mutually agreed by the parties as follows: 1.The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from District's sanitary sewer system within the area served by the District as approved by the city,as indicated in the descriptions attached hereto marked Exhibit A. District specifically agrees to prevent sewage from any area, other than that described herein,from being discharged into District's sanitary sewage system connected to City's trunk line and to prevent connections to the system from or in any area other than those described herein. **see Footnote on last page. Page 26 of 353 In the operation of District's sanitary sewer system, District agrees that all applicable Code provisions and rules and regulations of City,including amendments thereto during the term of the contract,shall be the minimum standards for District's system.District further agrees to abide by all applicable state and federal laws,rules,regulations,or permits,including those of the Environmental Protection Agency (the EPA)as they become effective or implemented or upon notice from the City.District shall inform all users, contractors and subcontractors of such standards,rules and regulations upon inquiry from such persons,and shall not furnish any information inconsistent therewith.In this regard,it shall be the responsibility of the District to obtain from the appropriate governing body the applicable requirements.The City shall attempt to maintain and provide all requirements to the District;however,city does not guarantee the accuracy or completeness of government regulations other than the City's own regulations. The city's permitting requirements shall be followed by the District and its users.All plans,specifications and methods of work within the District shall be submitted to the city in writing and approved by city prior to any construction or tap in the District's approved area.No permit shall be final and no service shall be provided to property until construction is approved in writing by City. District shall,at all times,properly maintain its sewer system and shall rectify any problems or conditions which have been determined by District or City to be detrimental to City's treatment process.Should the City determine that any discharge enters the sewer system contrary to governing laws, ordinances,statutes,rules,regulations or permits,District agrees to proceed at once to take whatever lawful means may be necessary to rectify any such problem or condition. city shall have the right to allocate service under this contract,and city may deny additional service for any utility-related reason,but in no event will city terminate any service without cause.City shall have the right to disconnect service to any area annexed by District when such annexation takes place without prior written City approval. District shall provide City within one year of this agreement,an estimate of the number of equivalent service taps needed for the next five (5)years under current zoning and planned buildout in District's area.District shall monitor zoning changes within its area to estimate its tap requirements and provide City with notice of tap requirements for the next five year period of time in a form satisfactory to the City.Notice of these requirements shall be given City on each anniversary date of this agreement. City may impose and collect reasonable fees,tolls and charges,which shall be uniform as to all outside-City users Page 27 of 353 10.ll.12.fortheservicesprovidedbytheCityunderthisConnector'sAgreement.cityshallbillDistrictuserdirectlyforallapplicablecitychargesforservicesrenderedunderthisAgreement.ShouldanyusernotpayCity,CityshallbillDistrictandDistrictshallpaytoCitywithin45daysofsuchbillingtheamountdue.ThesechargesaresubjecttoadjustmentfromtimetotimebyCity:whensuchchargesarechanged,CityshallgiveDistrictforty—five(45)daysadvancewrittennotice.ThetermofthisAgreementisforaperiodofthree(3)yearsfromthedateofexecutionandautomaticallyrenewedforsix(6)subsequentthree—(3)-yearperiodsunlesseitherpartygivesaminimumofsixmonthswrittennotice,duringwhichtimeDistrictagreesthatalleffluentproducedfromtapswithinDistrictshallnotbeinviolationofanyfederal,stateorCitylaws,rulesorregulations,oranyotherapplicablegovernmentalregulationsorthepermitsunderwhichtheCityoperatesitssewagetreatmentsystem.Cityagrees,duringthetermhereof,totreatsaideffluentandtomaintainadequatefacilitiesfortreatingofthesame.Districtagreesthatitwillmaintain,atitsownexpense,allofitslines,orthoselinesnowownedandoperatedbyDistrict,itbeingspecificallyagreedthatCityassumesnoresponsibilityshouldanyofDistrict'slinesbecomeclogged,damaged,orrequiremaintenance.Districtshallmaintain24-hourservicetoremedydisruptioninservice.Districtshall,ifitdeemsnecessary,notifyitsusersofDistrict'sproceduretoremedyservice.Cityisprovidingonlysewagetreatmentserviceand,pursuarthereto,permitsincidentaluseofCity'ssewagelinesonlybythisindividualcontractwithDistrictanddoesnot,bythiscontract,offertreatmentserviceexceptinstrictaccordancewiththetermshereof.Thiscontractdoesnotoffer,andshallnotbeconstruedasoffering,sewagetreatmentservicetothepublicgenerallyortoanyareaoutsidethelimitsoftheDistrict'sserviceareahereindescribed.Thiscontractmaynotbeassigned,soldortransferredbyDistrictwithoutcity'swrittenconsent.Shouldanyfederallaw,rule,permitorregulationorshouldadecreeororderofacourtrendervoidorunenforceableanyprovisionsofthiscontract,inwholeorinpart,ifpossible,theremaindershallbeoffullforceandeffect.TheDistrictshallenforcethisagreementandeachofitstermsandconditionswithintheareadescribedinExhibit"A."Districtshallrefusetoserveauserorpotentialuser,disconnecttheserviceofanyuserpursuanttoPage 28 of 353 Page 29 of 353 ATTESTiii CITY ENGLEWOK,COLORADO .‘.g,a k McIEotzc:J‘J..:lfiaA.Ellis aY91'I1:l°m355-Burns ATTEST:"D By._—__By *4’Footnote (see page 1) Nothing in this paragraph shall apply to flows entering the outfall line utilized by the District at any point on points downstream from where the said outfall line leaves the area of the District . Page 30 of 353 .......anulnll...H.__.._.l..s.‘.»._.\....w..4mH mm.W..~‘..?n4.HH\$.1n»\FusS4,._...r...:..n>«l>.....HzE.En.IJ_.1.8:....u.u.an...wV$w.?u3.aum.lII““\.-3-....,.«..m....Hl_.nV...t¥ni__wm.Mm?§W?.5.I ..._-.HL..$,,,#,wan.-...n.H....._nI‘.n.23Na‘r.3F3......,.H...“?r.J..m.r.wm.¥...mm.n.w.iuuu.w.uaii¢¢.....~...||.|....4.a$3....‘..w_ammM.:.vyw..a.m.»mVa§_uI?u.rmum% .,A...&5...».._.,1...% ._....inv..“C ._ _..:.. .. ‘VIII Page 31 of 353 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER,CO 80202-1129 Phone 800-227-3917 http:llwww.epa.gov/region08 Ref:SWP-CWW Jun 11 mt? CERTIFIED MAIL RETURN RECEIPT REQUESTED John Kuosmau Plant Director Littletcn-Englewood Wastewater Treatment Plant 2900 South Platte River Drivc Englewood,CO 80110 Rc:Program Modi?cation Approval,National Pollutant Discharge Elimination System (NPDES) Number:CO-0032999 Dear Mr.Kuosman: The Environmental Protection Agency public noticed your request for a substantial modi?cation of the Littleton-Englewood Wastewater Treatment Plant’s (LEWWTP)Pretreatment program on May S,2017, as required by 40 CFR Section 403.18.Our records indicate that no substantive comments were received and that the modi?cations,as public noticed,have remained unchanged.Therefore,pursuant to 40 CFR Section 403.18(c),the modi?cations public noticed by the EPA are approved.The revised pretreatment program shall be an enforceable condition of your NPDES permit as of the date of this approval letter (see 40 CFR Seclion 122.63(g)).The LEWWTP should evaluate and update its procedures or permits to ensure these adequately implement the program modi?cation,as required in 40 CFR 403.8(t)(2). If you have any questions,please contact Al Garcia,EPA Region 8 Pretreatment Coordinator,at (303) 312-6382 or garcia.aI@epa.gov. Sincerely, Colleen R.L.Rathbone Unit Manager,Wastewater Unit cc:Lisa Knerr,Colorado Department of Public Health and Environment Jon Bridges,LEWWTP Page 32 of 353 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INDUSTRIAL PRETREATMENT DIVISION MEMORANDUM TO: Englewood Water & Sewer Board / Englewood City Council FROM: Tim Grossbach, WWTP Industrial Pretreatment Specialist DATE August 8, 2017 SUBJECT: NEW REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT, CITY OF SHERIDAN, AND CHERRY HILLS VILLAGE SANITATION DISTRICT ______________________________________________________________________________ The Wastewater Connector’s Agreement Addendums were developed to establish delegation for implementation of the Pretreatment Regulations in each sanitation district discharging to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) in both Englewood and Littleton. The requirement for this delegation came from Environmental Protection Agency (EPA) following an audit of the L/E WWTP Industrial Pretreatment Program in February of 2014. In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific addendum to the wastewater connector’s agreements currently in place between individual sanitation districts and the Cities. In this manner, EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts. In March and April, 2017, the L/E WWTP presented to the Englewood Water and Sewer Board and City of Englewood City Council for approval Addendums to the Wastewater Connector’s Agreements for: Bow Mar Water and Sanitation District, Cherry Hills Heights Sanitation District, Cherry Hills Village Sanitation District, City of Cherry Hills Village, City of Sheridan, Columbine Water and Sanitation District. Country Homes Metropolitan, South Arapahoe Sanitation District, South Englewood Sanitation District, Southgate Sanitation District and Valley Sanitation District. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting districts within the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District had been revised and presented to the Englewood water and Sewer Board on May 9, 2017. Page 33 of 353 Subsequently, during preparation of the ordinance language for presentation to the City of Englewood City Council, the City of Englewood City Attorney’s office noted that the revised addendums were not complete and required additional introductory agreement language. The City attorney crafted additional “Whereas” statements that have been incorporated into the new revised addendums being presented today for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District’s. The additions were also reviewed and approved by the L/E WWTP Attorney’s (Hill & Robbins, P.C.). Page 34 of 353 ENGLEWOOD WATER AND SEWER BOARD MINUTES AUGUST 8, 2017 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. Members present: Wiggins, Yates, Roth, Johnson, Mullen Members absent: Moore, Gillit, Yates, Jefferson, Mercier 2. TELE‐WORKS The Tele‐Works system is used when customers pay their bills using a credit or debit card on‐ line or using Englewood’s automated telephone system. The invoice is for the license fee for using their software to interact with the Englewood’s CIS Infinity billing system. 27% of Englewood’s water, sewer and storm water bills are paid through Tele‐Works. This percentage is increasing as more customers engage in electronic bill pay. Tele‐Works is a budgeted item, divided between the water, sewer and storm water funds. The $57,401.00 is an annual subscription fee for the period of April 1, 2017 through March 31, 2018. This is an information‐only item. 3. MEMO DATED AUGUST 8, 2017 – REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE, SOUTHGATE, CITY OF SHERIDAN AND CHERRY HILLS VILLAGE SANITATION DISTRCTS. Addendums were presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation Districts and were Page 35 of 353 approved and signed by the districts immediately upon distribution in early 2016. Subsequently, other districts provided comments to the agreement language and these comments were incorporated into the all the agreements. The addendums for Cherry Hills Village, City of Sheridan, South Arapahoe and Southgate Sanitation Districts were revised and presented to the Englewood Water and Sewer Board on May 9, 2017. Subsequently, while drafting the ordinances for presentation to City Council, the City Attorney’s office noted that the revised addendums required additional introductory agreement language. The new revised addendums were presented for approval at this meeting. The additional language was reviewed and approved by the L/E WWTP Attorney, Hill & Robbins. 4. SOUTH ARAPAHOE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for South Arapahoe Sanitation District. Motion: To recommend Council approval of the South Arapahoe Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 5. SOUTHGATE SANITAITON DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Southgate Sanitation District. Motion: To recommend Council approval of the Southgate Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 36 of 353 6. CITY OF SHERIDAN REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for City of Sheridan. Motion: To recommend Council approval of the City of Sheridan Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 7. CHERRY HILLS VILLAGE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Cherry Hills Village Sanitation District. Motion: To recommend Council approval of the Cherry Hills Village Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 8. SHERIDAN SANITAITON DISTRICT NO. 1 WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR SHERIDAN SANITATION DISTRICT NO. 1. The Board received the Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1 Sanitation District. Motion: To recommend Council approval of the Sheridan Sanitation District No. 1 Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 37 of 353 9. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (LE WWTP) BIOGAS USE APPLICATIONS. Chong Woo, Capital Projects Manager, of the LE WWTP appeared before the Board to present the Biogas project proposal. Biogas is a renewable energy product. Biogas use options included conversion of digester gas for onsite electrical power generation, conversion of digester gas to compressed natural gas for vehicle fuel and conversion of the gas to pipeline quality natural gas and injecting into an Xcell utility service line. Pipeline Injection is the recommended project. Initial capital cost is $8.0M with projected payback in 4 years. Pipeline injection sites already exist at the Point Loma WWTP in San Diego, California and the Clean Water Services facility in Oregon. Sites are under construction in South Bend, Indiana, Des Moines, Iowa and Raleigh, North Dakota. Kaitlin Mercier and Joe Jefferson entered at 5:10 The Biogas proposal will go to Littleton/Englewood Joint Council in August and Englewood City Council in September, 2017. Construction is expected to begin in 2018, with a revenue stream beginning in 2019. Mayor Joe Jefferson noted that this project is economically and ecologically beneficial while using renewable fuels. This is an informational item. 10. STORM SEWER COLLAPSE. Tom Brennan, Director of Utilities discussed the most recent storm sewer collapse at Oxford Station at Windermere and W. Oxford Ave. A 78” corrugated storm sewer pipe was pressurized during a storm and as a result, a 15’ section of pipe opened, settled and partially collapsed. 250’ of corrugated pipe was replaced in the same area in 2012. American Civil Constructors, an Englewood company, is in charge of construction with Hayward Baker doing stabilization. The project is expected to be completed in 3 weeks. Tom noted that since the stormwater system is at a point that problems are developing, he is going to evaluate the system and prioritize stormwater projects. Page 38 of 353 11. DIVERSION PROJECT. Tom reviewed the progress of the Big Dry Creek Diversion Project. 400’ of fusion weld pipe has been already installed. The project will be reduce water treatment costs by improving water hardness and reducing radioactive materials in the source water. The meeting adjourned at 5:46 p.m. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Page 39 of 353 ELECTRONIC VOTE AUGUST 15, 2017 FOR MINUTES OF THE AUGUST 8, 2017 WATER BOARD MEETING The Englewood Water and Sewer Board were contacted for an e‐mail vote of the August 8, 2017 meeting minutes. 1. MINUTES OF THE AUGUST 8, 2017 WATER & SEWER BOARD MEETING. The Board reviewed the Minutes of the August 8, 2017 Water and Sewer Board meeting. Motion: To approve the Minutes of the August 8, 2017 Water and Sewer Board meeting. Moved: Johnson Seconded: Habenicht Ayes: Mercier, Wiggins, Johnson, Habenicht, Roth, Mullen, Jefferson Nays: None Abstain: Moore, Gillit, Yates Motion passed. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Page 40 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: October 2, 2017 SUBJECT: L/E WWTP Revised South Arapahoe Sanitation District Addendum to Connector's Agreement DESCRIPTION: L/E WWTP Revised South Arapahoe Sanitation District Addendum to Connector's Agreement RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised South Arapahoe Sanitation District Addendum to Wastewater Connector's Agreement. PREVIOUS COUNCIL ACTION: City Council approved the standard Sanitary Sewer Connector's Agreement in March 2011. Council approved a Bill for an Ordinance on first reading at their April 3, 2017 meeting and on second reading at their April 17, 2017 meeting. After additional revisions were necessary to obtain consistent language for all Englewood's Addendums, the City Council approved a Bill for an Ordinance on first reading at their September 18, 2017 meeting. SUMMARY: An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was necessary to provide adequate delegation of the Pretreatment Program implementation to the Cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector's Agreement with the district owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting district with the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation District have been revised. Page 41 of 353 ANALYSIS: A majority of the revisions are to establish legal language and terminology in a consistent manner. The revisions deemed substantial include: 1.) The removal of specific language requiring the agreements to be reviewed and revised, at least every five (5) years. 2.) The addition of the following City Responsibility language: "The City will make a reasonable effort to notify and District in advance of any public hearing to change municipal code provisions referenced in this Addendum, and make a reasonable effort to provide an opportunity for the District to comment on proposed changes." 3.) The addition of the following City Responsibility language to emergency action to stop or prevent discharges from Industrial Users posing imminent danger: "In the event the City deems such emergency action appropriate it shall provide with the District with notice thereof in advance, if possible, but not later than 24-hours after the action is initiated." 4.) The addition of the following District Responsibility language pertaining to the implementation and enforcement of the Industrial Pretreatment Program: "In the event the District fails to provide resources, adequately implement or enforce the Industrial Pretreatment Program, the District agrees that the City may take such action on behalf of and as an agent for the District, provided that the City provides notice of such action to the District." The South Arapahoe Sanitation District will continue to own the and mains and will be responsible for capital improvements in their systems. The Englewood Water and Sewer Board approved the revised Addendum at their August 8, 2017 meeting. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Council Bill for Ordinance Exhibit A - Addendum to Wastewater Connector's Agreement Wastewater Connector's Agreement Program Modification Letter - EPA Approval Memo to Water and Sewer Board August 8, 2017 Water and Sewer Board Minutes Page 42 of 353 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 58 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the L/E Wastewater Treatment Plant (WWTP); and WHEREAS, the L/E WWTP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; and WHEREAS, the L/E WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the L/E WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector’s Agreement for Districts between South Arapahoe Sanitation District and Englewood by the passage of Ordinance No. 8, Series of 2011; and WHEREAS, The L/E WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the L/E WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the L/E WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector’s Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the L/E WWTP update the Intergovernmental Wastewater Connector’s Agreement Ordinance No. 8, Series of 2011, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector’s Agreement responds to EPA’s corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and Page 43 of 353 WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of South Arapahoe Sanitation District Addendum to Wastewater Connector’s Agreement at their March 14, 2017 meeting; and WHEREAS, The Englewood City Council approved the South Arapahoe Sanitation Addendum to Wastewater Connector’s Agreement at their April 17, 2017 City Council Meeting; and WHEREAS, after approval it was discovered that language in the addendum did not reflect the language in the other addendums; and WHEREAS, this Addendum was revised to gain consistent language and defined responsibilities across all of the connecting districts, and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Revised Addendum to Wastewater Connector’s Agreement on August 8, 2017; and WHEREAS, the Revised Addendum to Wastewater Connector’s Agreement supersedes and replaces the Addendum to Wastewater Connector’s Agreement signed by the District on March 21, 2016 and approved by the Englewood City Council on April 17, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and South Arapahoe Sanitation District entitled “Revised Addendum to Wastewater Connector’s Agreement” is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental “Revised Addendum to Wastewater Connector’s Agreement”, for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of September, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of September, 2017 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 5th day of October, 2017. Published by Title on the City’s official website beginning on the4th day of October, 2017 for thirty (30) days. Page 44 of 353 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 45 of 353 Page 46 of 353 Page 47 of 353 Page 48 of 353 Page 49 of 353 Page 50 of 353 Page 51 of 353 WASTEWATERCONNECTOR'SAGREEMENTForDistrictsSewerContractNo.THISAGREEIEEEmadeandenteredintothis;guyofM’/Wk‘‘zoipmiweffectiveasof201/byandbetweenthecrrvorENGLEWOOD,COLORADO,itmualcorporation,hereina?erreferredtoas"City,"actingbyandthroughitsdulyelected,quali?edandauthorizedMayorandCityClerk,andtheSOUTHARAPAJ-IOESANITATIONDISTRICT.aquasi-municipalcorporationandsubdivisionoftheStateofColorado,hereinaitercalled"District."actingbyandthroughitsauthorizedRepresentative.WlTN'ESSI:Tl'lIWHEREAS,theCityownsandoperatesasewagesystem,includingasewagetreatmentplantwhichisjointlyownedandoperatedwiththeCityofLittleton,sosituatedphysicallyastobeabletoreceiveandtreatl.hesewagefromadesignatedareaservedbytheDistrictandgatheredbytheDistrict'ssanitary-sewagesystem;andWHEREAS,itisthedesireoftheDistricttoutilizethefacilitiesownedbytheCityforthetreatmentofsewageandtheCityiswillingtoservetheDistrictfortreatmentofsewageundercertainconditions;NOW,THEREFORE,INCONSIDERATIONofthepromisesandforothergoodandvaluableconsiderationhereina?ersetforth,itismutuallyagreedbythepartiesasfollows:1.TheCityherebyagreesundertheconditionshereinallersetforth,totreatthesewageoriginatingfromtheDistrict'ssanitarysewersystemwithintheareaservedbytheDistrictasapprovedbytheCityandasindicatedinthedescriptionattachedhereto,incorporatedhereinandmarkedas"ExhibitA."TheDistrictspeci?callyagreestopreventsewagefromanyareaotherthanthatdescribedherein,frombeingdischargedintotheDistrict'ssanitarysewagesystemconnectedtotheCity'strunklineandtopreventconnectionstothesystemfromorinanyareaotherthanthosedescribedherein.2.IntheoperationoftheDistrict'ssanitarysewersystem,theDistrictagreesthatallapplicableCodeprovisionsandrulesandregulationsoftheCity,includingamendmentstheretoduringthetermofthecontract,shallbetheminimumstandardsfortheDistrict'ssystem.TheDistrictfurtheragreestoabidebyallapplicablestateandfederallaws,mles,regulations,orpermits,includingthoseoftheEnvironmentalProtectionAgency(theEPA)astheybecomeeffectiveorimplementedoruponnoticeItemtheCity.TheDistrictshallinformallusers,contractorsandsubcontractorsofsuchstandards,nilesandregulationsuponinquiryfromsuchpersons,andshrillnotfurnishanyinformationinconsistenttherewith.Inthisregard,itshallbetheresponsibilityoftheDistncttoobtaintheapplicablerequirementsfromtheappropriategoverningbody.TheCityshallattempttomaintainandprovideinfomiationonallrequirementstotheDistrict;however,theCitydoesnotguaranteetheaccuracyorcompletenessofgovernmentregulationsotherthantheCity'sownregulations.3.Regardingtheprovisionofsewcrservice,theCity'spermittingrequirementsshallbeIPage 52 of 353 followedbytheDistrictanditsusers.Allsewerplans,speci?cationsandmethodsofworkwithintheDistrictshallbesubmittedtotheCityinwritingandapprovedbytheCitypriortoanyconstructionorlapintheDistrict.'sdesignatedarea.Nopen-nitshallbe?nalandnoserviceshallbeprovidcrltopropertyuntilconstructionisapproved,inwritingbytheCity.TheDistrictshallberesponsibleforthepropermaintenanceofitssewersystemandshallrectifyanyproblemsorconditionswhichhavebeendeterrriinedbytheDistrictortheCitytobedetrimentaltotheCity'streatmentprocessorsystem.ShouldtheCitydeterminethatanydischargeentersthesewersystemcontrarytoapplicablelaws,ordinances,statutes,rules,regulationsorpermits,theDistrictagreestoproceedatoncetotakewhateverlawfulmeansmaybenecessarytorectifyanysuchproblemorcondition.TheCityshallhavetherighttoallocateserviceunderthisContract,andtheCitymaydenyadditionalserviceforanyutility-relatedreason,butinnoeventwilltheCityterminateorrefuseanyservicewithoutcause.TheCityshallhavetherighttodisconnectservicetoanyareaannexedtotheDistrictwhensuchannexationtakesplacewithoutpriorwrittenCityapproval.Withinoneyearofthisagreement,theDisaictshallprovidetheCitywithanestimateofthenumberofequivalentservicetapsneededforthenextlive(5)yearsundercurrentzoningandplannedbuildoutintheDistrict'sareaasshownonExhibitA.TheDistrictshallmonitorzoningchangeswithinitsareatoestimateitstaprequirementsandprovidetheCitywithnoticeoftaprequirementforthenext?ve(5)yearperiodoftimeinafonnsatisfactorytotheCity.NoticeoftheserequirementsshallbegiventotheCityoneacharuiiversarydateofthisAgreement.TheCitymayimposeandcollectreasonablefees,tollsandcharges,whichshallbeuniformastoalloutside-CityusersfortheservicesprovidedbytheCityunderthisConnectorsAgreement.TheCityshallbilltheDistrictusersdirectlyforallapplicableCitychargesforservicesrenderedunderthisAgreement.ShouldanyusernotpaytheCity,theCityshallbilltheDistrictandtheDistrictshallpaytheamountduetoCitywithinforty-?ve(45)daysofsuchbilling.ThesechargesaresubjecttoadjustmentbytheCityfromtimetotime.Whensuchadjustmenttotl-iesechargesaremade,theCityshallgivetheDistrictforty-?ve(45)daysadvancewrittennotice.SubjecttothetermsoftheTaxpayer'sBillofRights(TABOR),thetermofthisAgreementisforaperiodofthree(3)yearsfromthedateofexecutionandautomaticallyrenewedforsix(6)subsequentthree(3)yearperiodsunlesseitherpartygivesaminimumofsix(6)monthswrittennotice,duringwhichtimetheDistrictagreesthatalleffluentproducedfromtapswithintheDistrictshallnotbeinviolationofanyfedeml,stateorCitylaws.rulesorregulations,oranyotherapplicablegovcmmcntalregulationsorthepermitsunderwhichtheCityopemtesitssewagetreatmentsystem.TheCityagrees,duringthetermhereof.totreatsaidef?uentandtomaintainadequatefacilitiesfortreatingthesame.TheDistrictagreesthatitwillinaintam,atitsownexpense,alllinesnowownedandoperatedbytheDistrict,itbeingspeci?callyagreedthattheCityassumesnoresponsibilityshouldanyoftheDistrict'slinesbecomeclogged,damaged,orrequiremaintenance.TheDistrictshall,ifitdeemsnecessary,notifyitsusersoftheDistrict's2Page 53 of 353 10.ll.12.l3.l4.l5.proceduretoremedyservicedisruption.TheCityisprovidingonlysewagetreatmentserviceand,pursuantthereto;permitsincidentaltotl-ieuseoftheCity'ssewagelinesshallbegovernedonlybythisindividualContractwiththeDistrictandtheCitydoesnot,bythisContract,offertreatmentserviceexceptinstrictaccordancewiththetennshereof.ThisContractdoesnotoffer,andshallnotbeconstruedasoffering,sewagetreatmentservicetothepublicgenemllyortoanyareaoutsidethelimitsoftheDistrict'sserviceareadescribedinExhibitA.ThisContractmaynotbeassigned,soldortransferredbytheDistrictwithouttheCity'swrittenconsent.Shouldanyfederallaw,rule,permitorregulationorshouldadecreeororderofacourtrendervoidorunenforceableanyprovisionofthisContract,inwholeorinpart,theremaindershallremaininfullforceandeffect.TheDistrictshallenforcethisAgreementandeachofitstermsandconditionswithintheareadescribedin"ExhibitA."TheDistrictshallrefusetoserveauserorpotentialuser;disconnecttheserviceofanyuserpursuanttoappropriatelaw;ortakeotherappropriateactionintheeventof:a.NonpaymentofsuchuserofanychargemadebytheCityforservices;b,AnyviolationornoncompliancebysuchuserwiththetermsofthisAgreement;c.Violationornoncompliancebysuchuserwiththeapplicablelaws,rules,pennitsorregulationsoftheCity,theUnitedStatesgovernment,includingtheEPA,theStateofColorado,includingtheDepartmentofHealth,orotherlaw,rule,permitorapplicableregulation.ContinuedbreachofthisAgreementbytheDistrictand/oritsusersshallbeconsideredcausefortheCitytoterminatethisAgreement.ShouldtheDistrictfailtopromptlyrectifyabreachofanyprovisionsidenti?edherein,afternoticethereof,theCitymaytakesuchstepsanddosuchworkasitdeemsnecessarytoenforcethisAgreement.includinglitigationandspeci?callyarighttoinjunctionorspecificperformanceagainsttheDistrictoranyofitsusersasisnecessarytoprotecttheCity'ssystemandoperations.Theprevailingpartyshallbeentitledtoexpensesandcostsofsuit,includingattorneyfees.Shouldmorethanonedistrictbeconnectedtoasewerline,alldistrictsonthesewerlinewhoareinbreachofthisAgreementshallbejointlyandseverallylibleforanysuchbreachofthisAgreementandeachsuchdistrictshallimmediately,afternotice,rectifyanyproblemorconditiondetrimentaltothetreatmentprocessarisingwithinitslegalboundaries.Whenmorethanonedistrictisconnectedtoasewerline,andtheCitydiscoversanyviolationofthetermsofthisconnector'sagreement;theCityshallnotberequiredtoprovewhichdistrictisatfaultbutshallmakeavailabletoallsuchaffecteddistrictsallinformationdevelopedoraccumulatedbytheCitypertainingtosuchbreach.NothingcontainedhereinshallprecludeaclaimforindemnityorcontributionbyanyDistrictagainstanotherDistrictconnectedtoacommonsewerline.CRS-13-21-l1l.5shallgovernthepercentageofliabilityofanydistrictonacommonsewerlineintheeventtheCityseekstoimposeliabilitybaseduponnegligenceorfault.ThisContractshiillnotbeusedasalegaldefenseorprohibitiontothemandatory3Page 54 of 353 consolidationoffacilitiesbyeitherpunyasmaybercquiicdbythelawsoflheSlateofColoradoofallexistingsewercollectionsystemsandfacilitiestoagovernmentalentitycreatedtoassumeresponsibilityforscwcrserviceinIhcareainwhichboththeCityandSlateare1!partunderstatutoryorcoristilulionalziulhority.CITYOFENGLEWOOD,COLORADO\am5K.WoodwardATTEST:CCIkLoucrishiaA.Elliiger.SO1J'1'lIARAPAHOESANITATIONDISTRICTStevealdegan,STATEOFCOLORADO))ss.COUNTYOFARAPAHOE)Theforegoinginstrumentwasaclu-iowlcdgedbeforemethis17"‘dayoflanuziry,20]1,bySteveDzildegzin,President,BoardofDirccmis,SnulliArapzihozzSanitationDistrict.1NolmyPublicWimessmyhandandofficialseal.MyCommissionexpires:6:117:10-—/2Page 55 of 353 9'§5.5Page 56 of 353 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER,CO 80202-1129 Phone 800-227-3917 http:llwww.epa.gov/region08 Ref:SWP-CWW Jun 11 mt? CERTIFIED MAIL RETURN RECEIPT REQUESTED John Kuosmau Plant Director Littletcn-Englewood Wastewater Treatment Plant 2900 South Platte River Drivc Englewood,CO 80110 Rc:Program Modi?cation Approval,National Pollutant Discharge Elimination System (NPDES) Number:CO-0032999 Dear Mr.Kuosman: The Environmental Protection Agency public noticed your request for a substantial modi?cation of the Littleton-Englewood Wastewater Treatment Plant’s (LEWWTP)Pretreatment program on May S,2017, as required by 40 CFR Section 403.18.Our records indicate that no substantive comments were received and that the modi?cations,as public noticed,have remained unchanged.Therefore,pursuant to 40 CFR Section 403.18(c),the modi?cations public noticed by the EPA are approved.The revised pretreatment program shall be an enforceable condition of your NPDES permit as of the date of this approval letter (see 40 CFR Seclion 122.63(g)).The LEWWTP should evaluate and update its procedures or permits to ensure these adequately implement the program modi?cation,as required in 40 CFR 403.8(t)(2). If you have any questions,please contact Al Garcia,EPA Region 8 Pretreatment Coordinator,at (303) 312-6382 or garcia.aI@epa.gov. Sincerely, Colleen R.L.Rathbone Unit Manager,Wastewater Unit cc:Lisa Knerr,Colorado Department of Public Health and Environment Jon Bridges,LEWWTP Page 57 of 353 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INDUSTRIAL PRETREATMENT DIVISION MEMORANDUM TO: Englewood Water & Sewer Board / Englewood City Council FROM: Tim Grossbach, WWTP Industrial Pretreatment Specialist DATE August 8, 2017 SUBJECT: NEW REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT, CITY OF SHERIDAN, AND CHERRY HILLS VILLAGE SANITATION DISTRICT ______________________________________________________________________________ The Wastewater Connector’s Agreement Addendums were developed to establish delegation for implementation of the Pretreatment Regulations in each sanitation district discharging to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) in both Englewood and Littleton. The requirement for this delegation came from Environmental Protection Agency (EPA) following an audit of the L/E WWTP Industrial Pretreatment Program in February of 2014. In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific addendum to the wastewater connector’s agreements currently in place between individual sanitation districts and the Cities. In this manner, EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts. In March and April, 2017, the L/E WWTP presented to the Englewood Water and Sewer Board and City of Englewood City Council for approval Addendums to the Wastewater Connector’s Agreements for: Bow Mar Water and Sanitation District, Cherry Hills Heights Sanitation District, Cherry Hills Village Sanitation District, City of Cherry Hills Village, City of Sheridan, Columbine Water and Sanitation District. Country Homes Metropolitan, South Arapahoe Sanitation District, South Englewood Sanitation District, Southgate Sanitation District and Valley Sanitation District. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting districts within the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District had been revised and presented to the Englewood water and Sewer Board on May 9, 2017. Page 58 of 353 Subsequently, during preparation of the ordinance language for presentation to the City of Englewood City Council, the City of Englewood City Attorney’s office noted that the revised addendums were not complete and required additional introductory agreement language. The City attorney crafted additional “Whereas” statements that have been incorporated into the new revised addendums being presented today for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District’s. The additions were also reviewed and approved by the L/E WWTP Attorney’s (Hill & Robbins, P.C.). Page 59 of 353 ENGLEWOOD WATER AND SEWER BOARD MINUTES AUGUST 8, 2017 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. Members present: Wiggins, Yates, Roth, Johnson, Mullen Members absent: Moore, Gillit, Yates, Jefferson, Mercier 2. TELE‐WORKS The Tele‐Works system is used when customers pay their bills using a credit or debit card on‐ line or using Englewood’s automated telephone system. The invoice is for the license fee for using their software to interact with the Englewood’s CIS Infinity billing system. 27% of Englewood’s water, sewer and storm water bills are paid through Tele‐Works. This percentage is increasing as more customers engage in electronic bill pay. Tele‐Works is a budgeted item, divided between the water, sewer and storm water funds. The $57,401.00 is an annual subscription fee for the period of April 1, 2017 through March 31, 2018. This is an information‐only item. 3. MEMO DATED AUGUST 8, 2017 – REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE, SOUTHGATE, CITY OF SHERIDAN AND CHERRY HILLS VILLAGE SANITATION DISTRCTS. Addendums were presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation Districts and were Page 60 of 353 approved and signed by the districts immediately upon distribution in early 2016. Subsequently, other districts provided comments to the agreement language and these comments were incorporated into the all the agreements. The addendums for Cherry Hills Village, City of Sheridan, South Arapahoe and Southgate Sanitation Districts were revised and presented to the Englewood Water and Sewer Board on May 9, 2017. Subsequently, while drafting the ordinances for presentation to City Council, the City Attorney’s office noted that the revised addendums required additional introductory agreement language. The new revised addendums were presented for approval at this meeting. The additional language was reviewed and approved by the L/E WWTP Attorney, Hill & Robbins. 4. SOUTH ARAPAHOE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for South Arapahoe Sanitation District. Motion: To recommend Council approval of the South Arapahoe Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 5. SOUTHGATE SANITAITON DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Southgate Sanitation District. Motion: To recommend Council approval of the Southgate Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 61 of 353 6. CITY OF SHERIDAN REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for City of Sheridan. Motion: To recommend Council approval of the City of Sheridan Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 7. CHERRY HILLS VILLAGE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Cherry Hills Village Sanitation District. Motion: To recommend Council approval of the Cherry Hills Village Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 8. SHERIDAN SANITAITON DISTRICT NO. 1 WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR SHERIDAN SANITATION DISTRICT NO. 1. The Board received the Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1 Sanitation District. Motion: To recommend Council approval of the Sheridan Sanitation District No. 1 Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 62 of 353 9. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (LE WWTP) BIOGAS USE APPLICATIONS. Chong Woo, Capital Projects Manager, of the LE WWTP appeared before the Board to present the Biogas project proposal. Biogas is a renewable energy product. Biogas use options included conversion of digester gas for onsite electrical power generation, conversion of digester gas to compressed natural gas for vehicle fuel and conversion of the gas to pipeline quality natural gas and injecting into an Xcell utility service line. Pipeline Injection is the recommended project. Initial capital cost is $8.0M with projected payback in 4 years. Pipeline injection sites already exist at the Point Loma WWTP in San Diego, California and the Clean Water Services facility in Oregon. Sites are under construction in South Bend, Indiana, Des Moines, Iowa and Raleigh, North Dakota. Kaitlin Mercier and Joe Jefferson entered at 5:10 The Biogas proposal will go to Littleton/Englewood Joint Council in August and Englewood City Council in September, 2017. Construction is expected to begin in 2018, with a revenue stream beginning in 2019. Mayor Joe Jefferson noted that this project is economically and ecologically beneficial while using renewable fuels. This is an informational item. 10. STORM SEWER COLLAPSE. Tom Brennan, Director of Utilities discussed the most recent storm sewer collapse at Oxford Station at Windermere and W. Oxford Ave. A 78” corrugated storm sewer pipe was pressurized during a storm and as a result, a 15’ section of pipe opened, settled and partially collapsed. 250’ of corrugated pipe was replaced in the same area in 2012. American Civil Constructors, an Englewood company, is in charge of construction with Hayward Baker doing stabilization. The project is expected to be completed in 3 weeks. Tom noted that since the stormwater system is at a point that problems are developing, he is going to evaluate the system and prioritize stormwater projects. Page 63 of 353 11. DIVERSION PROJECT. Tom reviewed the progress of the Big Dry Creek Diversion Project. 400’ of fusion weld pipe has been already installed. The project will be reduce water treatment costs by improving water hardness and reducing radioactive materials in the source water. The meeting adjourned at 5:46 p.m. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Page 64 of 353 ELECTRONIC VOTE AUGUST 15, 2017 FOR MINUTES OF THE AUGUST 8, 2017 WATER BOARD MEETING The Englewood Water and Sewer Board were contacted for an e‐mail vote of the August 8, 2017 meeting minutes. 1. MINUTES OF THE AUGUST 8, 2017 WATER & SEWER BOARD MEETING. The Board reviewed the Minutes of the August 8, 2017 Water and Sewer Board meeting. Motion: To approve the Minutes of the August 8, 2017 Water and Sewer Board meeting. Moved: Johnson Seconded: Habenicht Ayes: Mercier, Wiggins, Johnson, Habenicht, Roth, Mullen, Jefferson Nays: None Abstain: Moore, Gillit, Yates Motion passed. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Page 65 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: October 2, 2017 SUBJECT: L/E WWTP Cherryvale Sanitation District Addendum to Connector's Agreement DESCRIPTION: L/E WWTP Cherryvale Sanitation District Addendum to Connector's Agreement RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the Cherryvale Sanitation District Addendum to Wastewater Connector's Agreement. PREVIOUS COUNCIL ACTION: City Council approved the standard Sanitary Sewer Connector's Agreement in February 1989. Council approved a Bill for an Ordinance on first reading at their September 18, 2017 meeting. SUMMARY: An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was necessary to provide adequate delegation of the Pretreatment Program implementation to the Cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector's Agreement with the district owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts. ANALYSIS: The Cherryvale Sanitation District will continue to own the mains and will be responsible for capital improvements in its system. The Englewood Water and Sewer Board approved the Addendum at their May 9, 2017 meeting. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Council Bill for Ordinance Exhibit A - Addendum to Wastewater Connector's Agreement Wastewater Connector's Agreement Program Modification Letter - EPA Approval Page 66 of 353 Memo to Water and Sewer Board May 9, 2017 Water and Sewer Board Minutes Page 67 of 353 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 59 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN CHERRYVALE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the L/E Wastewater Treatment Plant (WWTP); and WHEREAS, the L/E WWTP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; and WHEREAS, the L/E WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the L/E WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector’s Agreement for Districts between Cherryvale Sanitation District and Englewood in February 1989. WHEREAS, The L/E WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the L/E WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the L/E WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector’s Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the L/E WWTP update the Intergovernmental Wastewater Connector’s Agreement Ordinance No. 10, Series of 2013, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector’s Agreement responds to EPA’s corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and Page 68 of 353 WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of Cherryvale Sanitation District Addendum to Wastewater Connector’s Agreement at their August 8, 2017 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and Cherryvale Sanitation District entitled “Addendum to Wastewater Connector’s Agreement” is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental “Addendum to Wastewater Connector’s Agreement”, for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of September, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of September, 2017 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 5th day of October, 2017. Published by Title on the City’s official website beginning on the 4th day of October, 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 69 of 353 Page 70 of 353 Page 71 of 353 Page 72 of 353 Page 73 of 353 Page 74 of 353 Page 75 of 353 ..1-3_Q_2,0;7,6.-»—.‘Va:-or-notaoax5'745mt271CONNECTOR'SAGREEMENTsewerContractNo.-nusAGREEMEM‘,madeandenteredintothis2%dayoi’"FL,mg!byandbetweentheenvyorsnenswoof,conoszuno,anunopaloorporation,hereinafterrefer:toas"city,"actingbyandthroughitsdulyelected,qualifiedandauthorizedMayorandcityClerk,and§;hJ.-ansIP55.-LatacoporatonofthestateaColorado,hereinaftercalled"District,actingbyandthroughitsdulyauthorizedBoardofDirectorsIWITNESSETHWHEREAS,thecityownsandoperatesasewagesystem,includingasewagetreatmentplantwhichisjointlyownedandoperatedwiththecityofLittleton,sosituatedphysicallyastobeabletoreceiveandtreatthesewagegatheredbytheDistrict;andWHEREAS,itisthedesireoftheDistricttoutilizethefacilitiesownedbytheCityforthetreatmentofsewageandthecityiswillingtoservetheDistrictfortreatmentofsewageundercertainconditions;NOW,THEREFORE,IN’CONSIDERATIONofthepromisesandforothergoodandvaluableconsiderationhereinaftersetforth,itismutuallyagreedbythepartiesasfollows:1.ThecityherebyagreesundertheconditionshereinaftersetforthtotreatthesewageoriginatingtromDistrict'ssanitarysewersystemwithintheareaserved.bytheDistrictasapprovedbythecity,asindicatedinthedescriptionsattachedheretomarkedExhibitA.Districtspecificallyagreestopreventsewagefromanyarea,otherthanthatdescribedherein,frombeingdischargedintoDistrict'ssanitarysewagesystemconnectedtoCity'strunklineandtopreventconnectionstothesystemfromorinanyareaotherthanthosedescribedherein.**SeeFootnoteonlastpage.-1-Page 76 of 353 6.noox5745m:272IntheoperationofDistrict'ssanitarysewersystem,Districtagreesthatallapplicablecodeprovisionsandrulesandregulationsorcity,includingamendmentstheretoduringthetermorthecontract,shallbetheminimumstandardsforDistrict'ssystem.Districtfurtheragreestoabidebyallapplicablestateandfederallaws,rules,regulations,orpermits,includingthoseoftheEnvironmentalProtectionAgency(theEPA)astheybecomeetfectiveorimplementedoruponnoticefromthecity.Districtshallinformallusers,contractorsandsubcontractorsofsuchstandards,rulesandregulationsuponinquiryfromsuchpersons,andshallnotfurnishanyinformationinconsistenttherewith.Inthisregard,itshallbetheresponsibilityoftheDistricttoobtainfromtheappropriategoverningbodytheapplicablerequirements.TheCityshallattempttomaintainandprovideallrequirementstotheDistrict;however,citydoesnotguaranteetheaccuracyorcompletenessofgovernmentregulationsotherthanthecity'sownregulations.Thecity'spermittingrequirementsshallbefollowedbytheDistrictanditsusers.Allplans,specificationsandmethodsofworkwithintheDistrictshallbesubmittedtotheCityinwritingandapprovedbyCitypriortoanyconstructionortapintheDistrict'sapprovedarea.Nopermitshallbefinalandnoserviceshallbeprovidedtopropertyuntilconstructionisapprovedinwritingbycity.Districtshall,atalltimes,properlymaintainitssewersystemandshallrectifyanyproblemsorconditionswhichhavebeendeterminedbyDistrictorcitytobedetrimentaltoCity'streatmentprocess.shouldthecitydeterminethatanydischargeentersthesewersystemcontrarytogoverninglaws,ordinances,statutes,rules,regulationsorpermits,Districtagreestoproceedatoncetotakewhateverlawfulmeansmaybenecessarytorectifyanysuchproblemorcondition.Cityshallhavetherighttoallocateserviceunderthiscontract,andcitymaydenyadditionalserviceforanyutility-relatedreason,butinnoeventwillCityterminateanyservicewithoutcause.CityshallhavetherighttodisconnectservicetoanyareaannexedbyDistrictwhensuchannexationtakesplacewithoutpriorwrittenCityapproval.DistrictshallprovideCitywithinoneyearofthisagreement,anestimateofthenumberofequivalentservicetapsneededforthenextfive(5)yearsundercurrentzoningandplannedhuildoutinDistrict'sarea.Districtshallmonitorzoningchangeswithinitsareatoestimateitstaprequirementsandprovidecitywithnoticeoftaprequirementstorthenextfiveyearperiodortimeinaformsatisfactorytothecity.Noticeoftheserequirementsshallbegivencityoneachanniversarydateofthisagreement.citymayimposeandcollectreasonablefees,tollsandcharges,whichshallbeuniformastoalloutside-cityusersPage 77 of 353 10.11.12.noau5'745mcz273fortheservicesprovidedbythecityunderthisconnector'sAgreement.cityshallbillDistrictuserdirectlyforallapplicablecitychargesforservicesrenderedunderthisAgreement.shouldanyusernotpayCity,cityshallbillDistrictandDistrictshallpaytoCitywithin45daysofsuchbillingtheamountdue.Thesechargesaresubjecttoadjustmentfromtimetotimebycity;whensuchchargesarechanged,cityshallgiveDistrictforty-five(45)daysadvancewrittennotce.ThetermofthisAgreement‘isforaperiodofthree(3)yearsrromthedateofexecutionandautomaticallyrenewedforsix(6)subsequentthree-(3)-yearperiodsunleseitherpartygivesaminimumofsixmonthswrittennotice,duringwhichtimeDistrictagreesthatalleffluentproducedfromtapswithinDistrictshallnotbeinviolationoi’anyfederal,stateorcitylaws,rulesorregulations,oranyotherapplicablegovernmentalregulationsorthepermitsunderwhichthecityoperatesitssewagetreatmentsystem.cityagrees,duringthetermhereot,totreatsaideftlusntandtomaintainadequatetacilitiesfortreatingorthesame.Districtagreesthatitwillmaintain,atitsownexpense,allofitslines,orthoselinesnowownedandoperatedbyDistrict,itbeingspecificallyagreedthatcityassumesnoresponsibilityshouldanyofDistrict'slinesbecomeclogged,damaged,orrequiremaintenance.Districtshallmaintain24-hourservicetoremedydisruptioninservice.Districtshall,ititdeemsnecessary,notifyitsusersofDistrict'sproceduretoremedyservice.cityisprovidingonlysewagetreatmentserviceand,pursuantthereto,permitsincidentaluseorcity'ssewagelinesonlybythisindividualcontractwithDistrictanddoesnot,bythiscontract,offertreatmentserviceexceptinstrictaccordancewiththetermshereot.Thiscontractdoesnotoffer,andshallnotbeconstruedasoffering,sewagetreatmentservicetothepublicgenerallyortoanyareaoutsiglethelimitsoftheDistrict‘:serviceareahereindescred.Thiscontractmaynotbeassigned,soldortransferredbyDistrictwithoutcity'swrittenconsent.shouldanytederallaw,rule.permitorregulationorshouldadecreeororderofa.courtrendervoidorunenforceableanyprovisionsorthiscontract,inwholeorinpart,itpossible,theremaindershallheoffullforceandettect.TheDistrictshallenforcethisagreementandeachofitstermsandconditionswithintheareadescribedinExhibit"A."Districtshallrefusetoserveauserorpotentialuser,disconnecttheserviceofanyuserpursuanttoPage 78 of 353 13.aoau5'745m:2'74appropriatelaw,ortakeotherappropriateactionintheeventof:a.Nonpaylnentbysuch‘userofanychargemadebycityforservice?_Anyviolationornoncompliancebysuchuserwiththetermsofthisagreement;Violationornoncompliancebysuchuserwiththelaws,rules,permitsorregulationsofthecity,theUnitedstatesgovernment,includingtheEPA,theStateofColorado,includingtheDepartmentofHealth,orotherlaw,rule,permitorregulationapplicable.ContinuedbreachofthisAgreementbytheDistrictand/oritsusersshallbeconsideredcausefortheCitytoterminatethisAgreement.ShouldtheDistrictfailtopromptlyrectifyabreachofthoseprovisionsidentifiedherein,afternoticethereof,citymaytakesuchstepsanddosuchworkasitdeemsnecessarytoenforcethisagreement,includinglitigationandspecificallyarighttoinjunctionorspecificperformanceagainsttheDistrictoranyofitsusersasisnecessarytoprotectthecity'ssystemandoperations.Theprevailingpartyshallbeentitledtoexpensesandcostsofsuit,includingattorneyfees.ShouldmorethanoneDistrictbeconnectedtoasewerline,allDistrictsonthelineshallbejointlyandseverallyliableforanybreachofthisagreementandeachsuchDistrictshallimmediately,afternotice,rectifyanyproblemorconditiondetrimentaltothetreatmentprocessarisingwithinitslegalboundaries.cityshallnotberequiredtoprovewhichDistrictisatfaultbutshallmakeavailabletoallsuchaffectedDistrictsallinformationdevelopedoraccumulatedbyCitypertainingtosuchbreach.NothingcontainedhereinshallprecludeaclaimforindemnityorcontributionbyanyDistrictagainstanotherDistrictconnectedtoacommonsewerline.CR5-13-31-111.5shallgovernthepercentageofliabilityofanyDistrictonacommonsewerlineintheeventthecityseekstoimposeliabilitybaseduponnegligenceorfault.ThiscontractshallnotheusedasalegaldefenseorprohibitiontothemandatoryconsolidationoffacilitiesbyeitherpartyasmayberequiredbythelawsofthestateofColoradoofallexistingsewercollectionsystemsandfacilitiestoagovernmentalentitycreatedtoassumeresponsibilityforsewerserviceintheareainwhichbothCityandstateareapartunderstatutoryorconstitutionalauthorityasmaybethecase.Page 79 of 353 ?00K57?P?l‘vi%CITYENGLEWODDD0“?ayor7"DISTRICT"we/r.;.Ja~+:**Footnote(seepage1)NothinginthisparagraphshallapplytoflowsenteringtheoutfalllineutilizedbytheDistrictatanypointonpointsdownstreamfromwherethesaidoutfalllineleavestheareaoftheDistrict.Page 80 of 353 M113 4;—«.Lw.)<cH’J»v\-. '-Ii:-I Ir Page 81 of 353 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INDUSTRIAL PRETREATMENT DIVISION MEMORANDUM TO: Englewood Water & Sewer Board / Englewood City Council FROM: Tim Grossbach, WWTP Industrial Pretreatment Specialist DATE May 03, 2017 SUBJECT: WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR CHERRYVALE SANITATION DISTRICT ______________________________________________________________________________ The Wastewater Connector’s Agreement Addendum was developed to establish delegation for implementation of the Pretreatment Regulations in each sanitation district discharging to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP), in both Englewood and Littleton. The requirement for this delegation came from Environmental Protection Agency (EPA) following an audit of the L/E WWTP Industrial Pretreatment Program in February of 2014. One of the outcomes of the audit was the following: Audit Finding #1: “The Littleton Englewood Wastewater Treatment Plant does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the intergovernmental agreements do not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood.” Corrective Action Item “Update the intergovernmental agreements established between the cities of Littleton and Englewood and their respective contracted outside contributing jurisdictions to establish delegation for implementation of the Pretreatment Regulations.” In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific addendum to the wastewater connector’s agreements currently in place between individual sanitation districts and the Cities. In this manner, EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts. Page 82 of 353 ENGLEWOOD WATER AND SEWER BOARD MINUTES MAY 9, 2017 Present: Moore, Wiggins, Roth, Habenicht, Jefferson, Yates Absent: Johnson, Gillit Also Present: Tim Grossbach, Industrial Pretreatment Specialist II Littleton/Englewood Wastewater Treatment Plant Dan DeLauder, Environmental Compliance Manager The meeting was called to order at 5:04 1. MINUTES OF THE APRIL 11, 2017 WATER & SEWER BOARD MEETING AND PHONE VOTE OF APRIL 13, 2017 The Board received a copy of the Water and Sewer Board Meeting Minutes of April 11, 2017 and the Phone Vote of April 13, 2017. 2. WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR CHERRYVALE SANITATION DISTRICT. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector’s Agreement with the districts owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various district. An EPA audit deemed that an Addendum to the Wastewater Connector’s Agreement was necessary to provide adequate delegation of the pretreatment program implementation to the sanitation districts that contribute wastewater to the treatment plant. Cherryvale Sanitation District is submitting an Addendum to the Wastewater Connector’s Agreement for approval. Page 83 of 353 Motion: To recommend Council approval of the Connector’s Agreement Addendum for Cherryvale Sanitation District. Moved: Roth Seconded: Habenicht Motion passed unanimously. 3. REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT, CITY OF SHERIDAN AND CHERRY HILLS VILLAGE SANITATION DISTRICT. In March and April, 2017 the Littleton/Englewood Wastewater Treatment Plant presented to the Englewood Water and Sewer Board and City Council for approval Addendums to the Wastewater Connector’s Agreements for South Arapahoe, Southgate, City of Sheridan and Cherry Hills Village Sanitation Districts. The addendums presented to Council for these districts were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other connecting districts provided comments to the agreement language. The comments were incorporated into the other district agreements. For consistent language and defined responsibilities for all connecting districts in the service area, the addendums for these districts have been revised. Motion: To recommend Council approval of the Revised Wastewater Connector’s Agreement Addendums for South Arapahoe Sanitation District, Southgate Sanitation District, City of Sheridan and Cherry Hills Village Sanitation District. Moved: Habenicht Seconded: Roth Motion passed unanimously. The next Water and Sewer Board meeting will be Tuesday, June 6, 2017. Sincerely, Cathy Burrage Page 84 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: October 2, 2017 SUBJECT: L/E WWTP Revised City of Sheridan Addendum to Connector's Agreement DESCRIPTION: L/E WWTP Revised City of Sheridan Addendum to Connector's Agreement RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised City of Sheridan Addendum to Wastewater Connector's Agreement. PREVIOUS COUNCIL ACTION: City Council approved the standard Sanitary Sewer Connector's Agreement in October 2013. Council approved a Bill for an Ordinance on first reading at their April 3, 2017 meeting and on second reading at their April 17, 2017 meeting. After additional revisions were necessary to obtain consistent language for all Englewood's Addendums, the City Council approved a Bill for an Ordinance on first reading at their September 18, 2017 meeting. SUMMARY: An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was necessary to provide adequate delegation of the Pretreatment Program implementation to the Cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector's Agreement with the district owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting district with the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation District have been revised. Page 85 of 353 ANALYSIS: A majority of the revisions are to establish legal language and terminology in a consistent manner. The revisions deemed substantial include: 1.) The removal of specific language requiring the agreements to be reviewed and revised, at least every five (5) years. 2.) The addition of the following City Responsibility language: "The City will make a reasonable effort to notify the District in advance of any public hearing to change municipal code provisions referenced in this Addendum, and make a reasonable effort to provide an opportunity for the District to comment on proposed changes." 3.) The addition of the following City Responsibility language pertaining to emergency action to stop or prevent discharges from Industrial Users posing imminent danger: "In the event the City deems such emergency action appropriate it shall provide with the District with notice thereof in advance, if possible, but no later than 24-hours after the action is initiated." 4.) The addition of the following District Responsibility language pertaining to the implementation and enforcement of the Industrial Pretreatment Program: "In the event the District fails to provide resources, adequately implement or enforce the Industrial Pretreatment Program, the District agrees that the City may take such action on behalf of and as an agent for the District, provided that the City provides notice of such action to the District." The City Of Sheridan will continue to own the mains and will be responsible for capital improvements in their systems. The Englewood Water and Sewer Board approved the revised Addendum at their August 8, 2017 meeting. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Council Bill for Ordinance Exhibit A - Addendum to Wastewater Connector's Agreement Wastewater Connector's Agreement Program Modification Letter - EPA Approval Memo to Water and Sewer Board August 8, 2017 Water and Sewer Board Minutes Page 86 of 353 BY AUTHORITY ORDINANCE NO. ________ COUNCIL BILL NO. 60 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the L/E Wastewater Treatment Plant (WWTP); and WHEREAS, the L/E WWTP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; and WHEREAS, the L/E WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the L/E WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector’s Agreement for Districts between the City of Sheridan and Englewood by the passage of Ordinance No. 52, Series of 2013; and WHEREAS, The L/E WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the L/E WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the L/E WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector’s Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the L/E WWTP update the Intergovernmental Wastewater Connector’s Agreement Ordinance No. 52, Series of 2013, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector’s Agreement responds to EPA’s Page 87 of 353 corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the City of Sheridan Addendum to Wastewater Connector’s Agreement at their March 14, 2017 meeting, and WHEREAS, The Englewood City Council approved the City of Sheridan Addendum to Wastewater Connector’s Agreement at their April 17, 2017 City Council Meeting; and WHEREAS, after approval it was discovered that language in the addendum did not reflect the language in the other addendums; and WHEREAS, this Addendum was revised to gain consistent language and defined responsibilities across all of the connecting districts, and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Revised Addendum to Wastewater Connector’s Agreement on August 8, 2017; and WHEREAS, the Revised Addendum to the Wastewater Connector’s Agreement supersedes and replaces the Addendum to Wastewater Connector’s Agreement signed by the District on March 28, 2016 and approved by the Englewood City Council on April 17, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and the City of Sheridan entitled “Revised Addendum to Wastewater Connector’s Agreement” is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental “ Revised Addendum to Wastewater Connector’s Agreement”, for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of September, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of September, 2017 for thirty (30) days. A Public Hearing was held on October 2, 2017. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. , Series of 2017, on the 5th day of October, 2017. Page 88 of 353 Published by Title on the City’s official website beginning on the4th day of October, 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 89 of 353 REVISEDADDENDUMTOWASTEWATERCONNECTOR’SAGREEMENTForOwnerswithIndustrialUsersThisRevisedAddendumismadeandenteredintothisdayof2017,tobeeffectiveasofbyandbetweentheCITYofENGLEWOOD,COLORADO,hereinafterreferredtoas“City”,amunicipalcorporation,actingbyandthroughitsdulyelected,quali?edandauthorizedMayorandCityClerk,andtheCitvofSheridan(Nam:ui'Ownl)ahgmerulemunicigityoftheStateofColorado,(rmnf?mlly)hereina?ercalled“Sheridan",actingbyandthroughitsauthorizedRepresentative.WITNESSETHWHEREAS,onApril17,2017theEnglewoodCityCouncilapprovedtheAddendttrnstoWastewaterConnectorsAgreementsbetweentheCityofEnglewoodandvarioussanitationdistricts;andWHEREAS,alterapprovalitwasdiscoveredthatlanguageinthefollowingaddendumsCityofSheridan,CherryHillsVillageSanitationDistrict,SouthArapahaeSanitationDistrictandSouthgateSanitationDistrictdidnotreflectthelanguageintheotheradderrdums,andWHEREAS,togainconsistentlanguageandde?nedresponsibilitiesacrossallconnectingdistricts,theaddendumsfortheCityofSheridan,CherryHillsVillageSanitationDistrict,SouthArapahoeSanitationDistrictandSoutlrgateSanitationDistrict,havebeenrevised;andWHEREAS,thisRevisedAddendumtoWastewaterConnector’:AgreementsupersedesandreplacestheAddendumtoWastewaterConnector’sAgreementsignedbytheDistrictonMarch14,2017andapprovedbytheEnglewoodCityCouncilonApril17,2017;andWHEREAS,theCityandSheridanpreviouslyenteredintoaConnector’sAgreement,("Agreement")datedQqtacopyofwhichisattachedheretoandincorporatedbyreference,pursuanttowhichtheCityandSheridanagreedthattheCitywouldprovidewastewatertreatmentservicestoSheridanthroughtheLittleton/EnglewoodBi-CityWastewaterTreatmentPlant(“WastewaterPlant");andWHEREAS,thetermsandprovisionsoftheAgreementremainine?'eotunlessexpresslymodi?edbythisRevisedAddendum;andWHEREAS,theUnitedStatesEnvironmentalProtectionAgency(“El’A")hasinstructedtheCitytoestablishaninter-jurisdictionalagreementbetweentheCityandSheridanwhichprovidestheCitywiththeauthoritytoimplementthe“IndustrialPretreatmentProgram”,containedin40CFRPart403promulgatedbytheEPAandTitlel2,Chapter2,Section5,oftheCityofEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode,foranyindustrialuserscurrentlylocatedorhereatterlocatinginSheridan;andlPage 90 of 353 WHEREAS,theAgreementprovidesthatintheoperationoftheSheridan'ssanitarysewersystemallapplicableCitymunicipalcodeprovisionsandrulesandregulationsoftheCityshallbetheminimumstandardsforSheridan'ssanitarysewersystem;andWHEREAS,theCityhasdeterminedthattheprovisionsoftheAgreementprovidetheCitywithsu?icientauthoritytosatisfytheinter-jurisdictionalagreementrequirementsimposedbytheEPA;andWHEREAS,thepartiesdesiretofurtherclarifytheobligationsandresponsibilitiesofSheridanandtheCitywithrespecttotheenforcementoftheCity'sMunicipalCode,rulesandregulationswithintheserviceareaofSheridan;andWHEREAS,theEPAde?nes“industrialUser"as“asourceofnondomesticwaste"and“anynondomestiesourcedischargingpollutantstouPuhliclyOwnedTreatmentWorks”.EPAde?nesNondomesticUseras“anypersonorentitythatdischargeswastewaterfromanyfacilityotherthanaresidentialunit”.NOWTHEREFORE,inconsiderationofthemutualpromisesandcovenantshereina?ercomained,thepartiesagreeasfollows:I.Therecitalsaboveareincorporatedhereinbythisreference.2.TheCityandSheridanmutuallyagreetocomplyfullywithallapplicablefederal,stateandlocallaws,rulesandregulations,includingbutnotlimitedto40CFRPart403promulgatedbytheEPA,ColoradoRegulations5CCR1002-63promulgatedbytheColoradoWaterQualityCommissionpursuanttoColoradoRevisedStatute22-8-508.andTitle12,Chapter2,Section5oftheEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMtmicipalCode,aseachisamended?omtimetotime,andallwastewatercontributionrequirementsadoptedbytheCityinaccordancewiththeAgreemenL3.Theparties,fromtimetotime,shallreviewandrevisethisAddendum,ifnecessary,toensurecompliancewith42U.S.C.§1251eLseq.,oftheFederalCleanWaterAct,thefederalrulesandregulationsfoundat40CFRPart403issuedthereunder,andtheCityMimicipalCode.I.CityResponsibilities1.TheCityshallberesponsibleforandshallacceptthefollowingdutiesandperfomtthefollowingactionsinrelationtoallcurrentandfutureIndustrialUsersandlorNondomesticUserslocatedwithinSheridan,andSheridanayeestocooperatetotheextentnecessaryfortheCitytosuccessfullycarryoutitsresponsibilities:ATheCity,onbehalfofandasanagentforSheridan,shallperformtechnicalandadministrativedutiesnecessarytoassistSheridanwiththeimplementationandenforcementofSheridan’srulesandregulationsregardingIndustrialUsersand/orNondomestieUsers.Withoutlimitingthegeneralityoftheforegoing,theCityagreesthatitshall:Page 91 of 353 (ii)E233’(V)(vi)(vii)(viii)UpdatetheCity’sindustrialwastesurvey;IssuepermitstoallIndustrialUsersand/orNondomesticUserswithinSheridanrequiredtoobtainapermit;Havetherighttoconductinspections,sampling,andanalysis;TakeallappropriateenforcementactionsasoutlinedintheCity'senforcementresponseplanandconsistentwiththisAddendum;ProvidenoticetoSheridanofenforcementactionstakenbytheCityagainstanyIndustrialUserand/orNondomesticUserslocatedwithinSheridanboundaries;Perfonnanyothertechnicaloradministrativedutiesthepartiesdeemappropriate;UponreasonablenoticetoeCity,provideSheridanacctoallrecordsordocumentsrelettotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserslocatedwithi.uSheridan'sservicearea.TheCitywillmakeareasonableefforttonotifySheridaninadvanceofanypublichearingtochangemunicipalcodeprovisionsreferencedinthisAddendum,andmakeareasonablee?'orttoprovideanopportunityforSheridantocommentonproposedchanges.Inaddition,theCitymay,asappropriate,andasanagentofSheridan.takeemergencyactiontostoporpreventthedischargefromIndustrialUsersorNondomesticUsersofanywastewaterwhichpresentsormaypresentanimminentdangertothehealth,safetyandwelfareofhumansorwhichreasonablyappearstothreatentheenvironment,orwhichthreatenstocauseinterferencewith,orpassthroughtheWastewaterPlant,orcausesludgecontaminationIntheeventtheCitydeemssuchemergencyactionappropriateitshallprovideSheridanwithnoticethereofinadvance,ifpossible,butnolaterthan24-hoursa?ertheactionisinitiated.TheCity,onbehalfofSheridan,agreestoperformthefollowingactionsassetforthin40CFRPart403.8(1)andsummarizedasfollows:(i)(ii)(iii)(iv)(v)Controlthroughpermit,orsimilarmeans,thecontributiontotheCitybylndustrialUsersand/orNondomesticUsers;RequirecompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsersand/orNondomesticUsers;DenyorconditionneworincreasedcontributionsofpollutantsorchangesinthenatureofpollutantsbyIndustrialUsersand/orNondomesticUsers;RequirethedevelopmentofcomplianceschedulesbyeachIndustrialUsersand/orNcndomesticUsersfortheinstallationoftechnnlogyrequiredtomeetapplicableIndustrialPretreatmentProgramstandardsandrequirements;Requirethesubmissionofallnoticesandself-monitoringreportsfromIndustrialUsersand/orNondomesticUsersasarenecessarytoassessandassurecompliancebyIndustrialUsersand/orNondomesticUserswithPage 92 of 353 IndustrialPretreatmentProgramstandardsandrequirements,including,butnotlimitedto,thereportsrequiredin40CFR402.12;(vi)Carryoutallinspection,surveillanceandmonitoringproceduresnecessarytodetennine,independentofinforrnationsuppliedbyIndustrialUsersand/orNondomesticUsers,complianceornoncompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsers;(vii)EnterpremisesofanyIndustrialUserand/orNondomesticUserinwhichadischargesourceortreatmentsystemislocated,orinwhichrecordsarerequiredtobekeptpursuantto40CFR403.l2(o),toassurecompliancewithIndustrialPretreatmentProgramstandardsandrequirements;(viii)EvaluatecompliancewiththeIndustrialPretreatmentProgramstandardsandrequirementsandobtainremedies,includingtheabilitytoseekinjunctivereliefandassesscivilorcriminalpenaltiesforeachviolation;(ix)Cnnfonntocon?dentialityrequirementssetforthin40CFRPart403.14oftheIndustrialPretreatmentProgramstandardsandrequirements.].fSheridanperformsitsownfats,oilsandgrease(“FOG”)programorpetroleum,oil,greaseandsand(“P068”)programitshallnotifytheCityintheeventthatSheridandiscontinuesitsFOGorP065program.Inwhichcase,theCityshallthenadministertheF06andP065programinadditiontoadministratingtheremainingsectorcontrolprogramsonbehalfofandasagentforSheridan.TheCityshallhavetherighttochargeareasonableinspectionfeetoSheridanforanyinspectionrelatedtoIndustrialUsersand/orNendomenicUserswithinSheridan'sservicearea.IntheeventthatSheridandoesnotperfomrFOGorPOGSprogramsthepartiesagreethattheCityshallperfonnandberesponsiblefortheadministrationoftheseprograms,aswellastheremainingSectorControlPrograms.TheCityshallhavetherighttochargeareasnnableinspectionfeetoSheridanforanyinspectionrelatedtoIndustrialUsersorNondomesticUserswithinSheridan.TheCityshallberesponsibleforadministratingtheremainingsectorcontrolprogramsinSheridannotwithstandingthatSheridanperfomrsitsownFOGandPOGSprograms.ll.SheridanResponsibilitiesSheridanisresponsiblefor,andshallaccept,thefollowingdutiesandperfonnthefollowingactionsforandinrelationtoallcurrentandfutureIndustrialUsersand/orNondomesticUserswithinSheridan:A.Withinfour(4)monthsofthisaddendum,Sheridanshalladoptenforceablelocalseweruserulesand/orregulationswhicharenolessstringentandareasbroadinscopeastheIndustrialPretreatmentProgramsectionoftheWastewaterUtilityOrdinancefoundinTitleI2,Chapter2,Section5,oftheCityofEnglewoodMunicipalCodeorfoundinTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode.TheCitywillprovidetoSheridanmodelregulationsandany4Page 93 of 353 G.necessaryrevisionstotheruleand/orregulationsfromtimetotime,andSheridanwilladopttherevisionstoitslocalseweruserulesand/orregulationsthatareatleastasstringentasthoseadoptedbytheCity.Sheridanwillmaintaincurrentinfom-rationonIndustrialUsersand/orNondomesticUserslocatedwithinSheridan'sservicearea,andprovideIndustrialUsers’informationtotheCityuponrequest.SheridanagreestoprovidetotheCityaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserslocatedwithinSheridan’sservicearea.Sheridanshallenforcetheprovisionsofitslocalseweruseregulations.IntheeventSheridanfailstotakeadequateenforcementactionagainstnoneompliantIndustrialUsersand/orNondomesticUsersinSheridanonatimelybasis,SheridanagreesthattheCitymaytakesuchactiononbehalfofandasanagentforSheridan,providedthattheCityprovidesnoticeofsuchactiontoSheridan.SheridanshallprovidetheresourcesandcommittoimplernentationandenforcementoftheIndustrialPretreaunentProgramstandardsandrequirementsfortheIndustrialUsersnndlorNondomestieUsersinSheridanwiththeCity’soversightoftheprogram.IntheeventSheridanfailstoprovideresources,adequatelyimplementorenforcetheIndustrialPretreatmerrtProgram,SheridanagreesthattheCitymaytakesuchactiononbehalfofandasanagentforSheridan,providedthattheCityprovidesnoticeofsuchactiontoSheridan.SheridanagreesthatintheeventthattheCityisrequiredtotakeresponsibilityforinspectionsofIndustrialUsersand/orNondomesticUsersonbehalfofSheridan.duetoinaction,refusaltoinspect,orlackofpersonneltoinspect,bySheridan,theCitymaychargeSheridanforthecostsofanysuchinspections.SheridanagreesthatiftheauthorityoftheCitytoactasagentforSheridanunderthisAddendumisquestionedbyanIndustrialUserandlnrNondornesticUser,courtoflaw,orotherwise,SheridanwilltakeactiontoensuretheimplementationandenforcementofitslocalseweruseregulationsagainstanyIndustrialUsersandNondomesticUsers,withinSheridan'sservicearea,includingbutnotlimitedto,implementingandenforcingitslocalsewerregulationsonitsownbehalfand/oramendingthisAddendumtoclarifytheCity’sauthority.SheridanISNOTresponsibleforadministeringtheFOGandP065programs,includingconductingallinspectionsrequiredbytheseprograms.IfanylemofthisAddendumisheldtobeinvalidinanyjudicialaction,theremainingtennswillbeunaffected.REMAINDEROFPAGEINTENTIONALLYBLANKPage 94 of 353 CITYOFENGLEWOODMayorAnestCityofSheridanSheridanOl?cialStateofColorado))55.CountyofArapahce)TheforgoinginstrumentwasacknowledgedbeforemethisEgglldayofl20]Z,3!??gggdl¢,E‘.Colorado,by1/:£41!Witnessmyhandandof?cialseal.MyCcmmissionexpires:'’}CARLENEFSAGEENotaryPublic’NOTARYPUBLICsun.orcommnoNOTARYIDwx7mausOMMISSIONxsxwxrsAPRILIHmoii;Page 95 of 353 CITYOFENGLEWOODSTANDARDCONTRACTIAGREEMENTCOVERSHEETCONTRACTDATE_I_Q)_,;(_|_'?3___IDENTIFICATIONNo.LNumbertobeassigned,-/byCity?lerkDivisionTulleorPurpose:gsicwnjgQZ2I_’1??_Q_£Qr_"§gf?mggjContractorsNameorotherpartiesto‘Q-:!Agreement‘.Cl+‘SResponsibleDepartmentContactPerson:__$/K@513AuthorizingResoImionIordinance:PreviouslyreviewedbyCityAtiomeystaff‘.Yes-NoRelatedContractslconveyanoeszT13ofAgreementlcontrggt:35IntergovemmentatAgreementRECORDINGINFORMATION:ProfessionalServicesMaintenanceAgreementConstructionAgreementContractualServicesORIGINALgCOPYLeaseEasementEncroachmentOtherTHISCONTRACT/AGREEMENTTERMINATESCOVSHT9/2007Page 96 of 353 4/19/2012RevisionWASTEWATERCONNECI‘OR’SAGREEMENTFortheCityofSheridan,ColoradoSewn‘ContractNo.,madeandenteredintothi.s&’:dayof_ ,204[3;tobee?fedcivessofQggghg;22JOEhyandbetwemtheCITYOFH‘lGLEWOOD,COIDRADO,amunicipalcorporation,hereina?erreferredtoas“City,"actingbyandthroughindulyelected,quali?edandauthorizedMayorandCityClerk,andtheCITYOFSHERIDAN,aminiinipalcorporationoftheStateofColorado,hereina?ercalled“She'ridan,"byandthroughitsauthorizedMayorandCityClerk.W1'.['NESSEI'l'-IWHEREAS,theCitywasandoperatesasewagesystan.includingasewagetreatmentplantwhichisjointlyownedandoperatedwiththeCityofLitt1eton,sosituatedphysicallyastobeabletoreceiveandtreatthesewsgefromadesignatedareaservedbySheridanandgathnedbySheridan’:sanitary-sewagesystem;and,itisthedesiroofSheridantoutilizethe?oilitiesownedbytheCityforthetreatsnmtofsewsgeandtheCityiswillingtosavedesignatedaresofSheridanfortreatinentofsewageundaweertainconditions;NOW,THEREFORE,INCONSIDERATIONofthepromisesandfan‘othergoodandvaluableeansidaationh?eina?ersetforth,itismutuallyagreedbythepartiesasfollows:1.Thecityherebysgreesundatheconditionshareina?ersetforth,totreatthesewagefromSheridan'ssanitarysewertheareaservedbySheridanasapprovedbytheCityandasindicatedinthedescriptionattadtedherao,incorporatedhueinandmadtedas“ExhibitA."Sheridanspeci?callyagreestopreventsewagefromanyareaotherthanthatdescribedherein,frombeingdischargedintoSheridan’:sanitarysewagesystemconnectedtotheCity’strunklineandtoprevtoonneetionstothesystemfrmnorinanyareaotherthanthosedescribedherein.2.IntheoperationofSheridan'ssanitarysewersystem,Sha-idanagreesthatallapplicableCodeprovisionsandrulesandregulationsoftheCity,includingsmmdsnentstheretoduringthetermofthecontract,shallbethe|:u.i.nin‘n.I.mstandardsforShu'idan'ssystm.Sheridanfurtheragreestoabidebyallapplicablestateandfederallaws,rules,regulations,orpmmits,includingthoseoftheEnvironmentalProtectionAgmcy(theEPA)astheyheoonieeffectiveorimplementedoruponnotice?omtheCity.Sheridanshallinformallusers,eanti-actorsandsubcontractorsofsuchstandards,rulesandregulationsuponinquiryfromsuchpersons,andshallnotfurnishanyinformationincoosistmttherewith.Inthisregard,itshallbetheresponsibilityofSheridantoobtaintheapplicablerequirementsfromtheappropriategoverningbody.TheQitysha_l_.lB?¢mpL_tomaintainandpr?deiifdrmationonallreq_uire'mentstoSheridan;however,theCityPage 97 of 353 doesnotguaranteetheaccuracyorcompletessofgovernmentregulationsotherthantheCity'sownregulations.Regardingtheprovisionofsewerservice,theCity'spermittingrequirementsshallbefollowedbySheridananditsusers.Allsewerplans,speci?cationsandmethodsofworkwithinSheridanshallbesubmittedtotheCityinwritingandapprovedbytheCitypriortoanyconstructionortapinSheridan’sdesignatedarea.Nopermitshallbe?nalandnoserviceshallbeprovidedtopropertyuntilconstructionisapproved,inwritingbytheCity.SheridanshallberesponsibleforthepropermaintenanceofitssewersystemandshallrectifyanyproblemsorconditionswhichhavebeendeterminedbySheridanortheCitytobedetrimentaltotheCity’streannentprocessorsyst.ShouldtheCitydeterminethatanydischargeentersthesewersystcontrarytoapplicablelaws,ordinances,statutes,rules,regulationsorpermits,Sheridanagreestoproceedatoncetotakewhateverlawfulmeansmaybenecessarytorectifyanysuchproblemorcondition.TheCityshallhavetherighttoallocateserviceunderthisContract,andtheCitymaydenyadditionalserviceforanyutility-relatedreason,butinnoeventwilltheCityterminateorrefuseanyservicewithoutcause.TheCityshallhavetherighttodisconnectservicetoanyareaannexedbySheridanWb?lsuchannexationtakesplacewithoutpriorwrittenCityapproval.Withinoneyarofthisagreement,SheridanshallprovidetheCitywithanestimateofthenumberofequivalentservicetapsneededforthenext?ve(5)yearsundercurrentzoningandplannedbuildoutinSheridan'sareaasshownonExhibitA.SheridanshallcontinuetomonitorzoningchangeswithinitsareatoestimateitstaprequirementsandprovidetheCitywithnoticeoftaprequirementsforthenext?ve(5)yearperiodoftimewhichshallbegiventotheCityoneachanniversarydateofthisAgreemtinaformsatisfactorytotheCity.TheCitymayimposeandcollectreasonablefees,tollsandcharges,whichshallbeuniformastoalloutside-CityusersfortheservicesprovidedbytheCityunderthisConnector’sAgreement.TheCityshallbillSheridanusersdirectlyforallapplicableCitychargesforservicesrenderedunderthisAgreement.ShouldanyusernotpaytheCity,theCityshallbillSheridanandSheridanshallpaytheamountduetoCitywithinforty-?ve(45)daysofsuchbilling.ThesechargesaresubjecttoadjustmentbytheCityfromtimetotime.Whensuchadjustmenttothesechargesaremade,theCityshallgiveSheridanforty-five(45)daysadvancewrittennotice.TheCitymaybillandcollect“DistrictCharges”imposedbySheridanasanadditionalitemtobebilledandoollectedbytheCityalongwiththeCity’sTreatmentchargeandotherfees.The“DistrictCharges”receivedbytheCityshallberemittedbytheCitytoSheridanannually;lessanamountequaltotheCityandSheridanchargeswhichremaindelinquent.SheridanshallnotifytheCityofanychangesinthe“Districtcharges”tobeimposedandtheremittanceschedulebeforeMay1"ofeachyear.SubjecttothetermsoftheTaxpayer‘sBillofRights(TABOR),ArticleXX,Section10ortheColoradoConstitution,thetermofthisAgeernentisforaperiodofthree(3)yearsPage 98 of 353 11.fromthedateofexecutionandautomaticallyrenewsforsix(6)subsequentthree(3)yearperiodsunlseitherpartygivesaminimumofsix(6)monthswrittennotice,duringwhichtimeSheridanagreesthatallef?uentproducedfromtapswithinShaidanshallnotbeinviolationofanyfederal,stateorCitylaws,rulesorregulations,oranyotherapplicablegovernmtalregulationsorthepermitsunderwhichtheCityoperatesitssewagetreatmentsystemTheCityagrees,duringthetermhereof,totreatsaideftluentandtomaintainadequatefacilitiesfortreatingthesame.Sheridanagreesthatitwillmaintain,atitsownexpense,alllinesnowownedandoperatedbySheridan,itbeingspeci?callyagreedthattheCityassumesnoresponsibilityshouldanyofSheridan’slinesbecomeclogged,damaged,orrequiremaintenance.Sheridanshall,ifitdeemsnecessary,notifyitsusersofSheridan’sproceduretoremedyservicedisruption.TheCityisprovidingonlysewageueatmentserviceand,pursuantthereto;incidentaluseoftheCity’ssewagelinesshallbegovernedonlybythisindividualContractwithSheridanandtheCitydoesnot,bythisContract,offertreatmentserviceexceptinstrictaccordancewiththetermshereof.ThisContractdoesnotoffer,andshallnotbeoonstruedasoffering,sewagetreatmentservicetothepublicgenerallyortoanyareaoutsidethelimitsofSheridan'sserviceareadescribedinExhibitA.ThisContractmaynotbeassigned,soldortmnsfa-redbySheridanwithouttheCity'swrittenconsent.Shouldanyfederallaw.rule.permitorregulationorshouldadecreeororderofacourtrendervoidorunenforceableanyprovisionofthisContract,inwholeorinpart,theremaindershallrmraininfullforceandeffect.SheridanshallenforcethisAgreementandeachofitstermsandconditionswithintheareadescribedin“ExhibitA."Sheridanshallrefusetoserveauserorpotentialuser;disconnecttheserviceofanyuserpursuanttoappropriatelaw;ortakeotherappropriateactionintheeventof:a.NonpaymtofsuchuserofanychargemadebytheCityforservices;b.AnyviolationornoncompliancebysuchuserwiththetermsofthisAyeement;c.Anyviolationornoncompliancebysuchuserwiththeapplicablelaws,rules,permitsorregulationsoftheCity,theUnitedStatesgovernment,includingtheEPA,theStateofColorado,theDepartmentofHealth,orotherlaw,rule,permitorapplicableregulationContinuedbreachofthisAgreanentbySheridanandloritsusersshallbeconsideredcausefortheCitytoterminatethisAgreement.ShouldSheridan?ailtopromptlyrectifyabreachofanyprovisionsidenti?edherein,a?ernoticethereof,theCitymaytakesuchstepsanddosuchworkasitdeemsnecessarytoenforcethisAgreement,includinglitigationandspeci?callyarighttoinjunctionorspeci?cperfonnanceagainstSheridanoranyofitsusersasisnecessarytoprotecttheCity'ssystemandoperations.Theprevailingpartyshallbeentitledtoexpensesandcostsofsuit,includingattorneyfees.Page 99 of 353 l4.Shouldmorethanonedistrictbeconnectedtoasewerline,alldistrictsonthesewerlinewhoareinbreachoft.hisAgreementshallbejointlyandseverallyliableforanysuchbreachofthisAgreementandeachsuchdistrictshallimmediately,a?ernotice,rectifyanyproblemorconditiondetrimentaltothetreatmentprocessarisingwithinitslegalboundaries.Whenmorethanonedistrictisconnectedtoasewerline,andtheCitydiscoversanyviolationofthetermsofthisconnector‘sagreement;theCityshallnotberequiredtoprovewhichdistrictisatfaultbutshallmakeavailabletoallsuchaffecteddistrictsallinfomiationdevelopedoraccumulatedbytheCitypertainingtosuchbreach.NothingcontainedhereinshallprecludeaclaimforindemnityorcontributionbyanyDistrictagainstanotherDistrictorcityconnectedtoacommonsewerline.C.R.S.13-21-1l1.5,asamendedshallgovernthepercentageofliabilityofanydistrictorcityonacommonsewerlineintheeventtheCityseekstoimposeliabilitybaseduponnegligenceorfault.15.ThisContractshallnotbeusedasalegaldefenseorprohibitiontothemandatoryconsolidationoffacilitiesbyeitherpartyasmayberequiredbythelawsoftheStateofColoradoofallexistingsewercollectionsystemsandfacilitiestoagovernmentalentitycreatedtoassumeresponsibilityforsewerserviceintheareainwhichboththeCityandStateareapartunderstatutoryorconstitutionalauthority.-3CITYOFENGLEWOOD,COLORADO‘aA.Ellis,CityClerkPage 100 of 353 THECITYOFSHERIDAN,MayorATTEST:Page 101 of 353 roan...«Eu......._=..§._€§...:..Sin.-5.!33.55%as:5ni.e.r_F2...:5323-5:28555::Sign.l3EsE5235.a.._.lso§.1.a_a.a.i§.nn._aa.u-.u.rais.hu:..:..........._.._....£.................Hu..“..u......._._....1.:..._o=ERun_32.5.8Ee.8.oqI.m-satiuaam9.51.3329...animus.1:..8..3.a5...I3525.:onn..2nS...as.._..._:isuass>?.§..2:._.3:a_m=m__.;._u$38..F»_.....E__.>u,z:5'M?lvtll?’IT\/€303!_.ms‘92‘I.my«Han.-4.._..wu_4mu:_.mm.m..._;_......,,...!1.i?k?fa.u._.:wEm.mQHmn_wo_=5uoo3o_m:m__o30VPage 102 of 353 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER,CO 80202-1129 Phone 800-227-3917 http:llwww.epa.gov/region08 Ref:SWP-CWW Jun 11 mt? CERTIFIED MAIL RETURN RECEIPT REQUESTED John Kuosmau Plant Director Littletcn-Englewood Wastewater Treatment Plant 2900 South Platte River Drivc Englewood,CO 80110 Rc:Program Modi?cation Approval,National Pollutant Discharge Elimination System (NPDES) Number:CO-0032999 Dear Mr.Kuosman: The Environmental Protection Agency public noticed your request for a substantial modi?cation of the Littleton-Englewood Wastewater Treatment Plant’s (LEWWTP)Pretreatment program on May S,2017, as required by 40 CFR Section 403.18.Our records indicate that no substantive comments were received and that the modi?cations,as public noticed,have remained unchanged.Therefore,pursuant to 40 CFR Section 403.18(c),the modi?cations public noticed by the EPA are approved.The revised pretreatment program shall be an enforceable condition of your NPDES permit as of the date of this approval letter (see 40 CFR Seclion 122.63(g)).The LEWWTP should evaluate and update its procedures or permits to ensure these adequately implement the program modi?cation,as required in 40 CFR 403.8(t)(2). If you have any questions,please contact Al Garcia,EPA Region 8 Pretreatment Coordinator,at (303) 312-6382 or garcia.aI@epa.gov. Sincerely, Colleen R.L.Rathbone Unit Manager,Wastewater Unit cc:Lisa Knerr,Colorado Department of Public Health and Environment Jon Bridges,LEWWTP Page 103 of 353 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INDUSTRIAL PRETREATMENT DIVISION MEMORANDUM TO: Englewood Water & Sewer Board / Englewood City Council FROM: Tim Grossbach, WWTP Industrial Pretreatment Specialist DATE August 8, 2017 SUBJECT: NEW REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT, CITY OF SHERIDAN, AND CHERRY HILLS VILLAGE SANITATION DISTRICT ______________________________________________________________________________ The Wastewater Connector’s Agreement Addendums were developed to establish delegation for implementation of the Pretreatment Regulations in each sanitation district discharging to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) in both Englewood and Littleton. The requirement for this delegation came from Environmental Protection Agency (EPA) following an audit of the L/E WWTP Industrial Pretreatment Program in February of 2014. In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific addendum to the wastewater connector’s agreements currently in place between individual sanitation districts and the Cities. In this manner, EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts. In March and April, 2017, the L/E WWTP presented to the Englewood Water and Sewer Board and City of Englewood City Council for approval Addendums to the Wastewater Connector’s Agreements for: Bow Mar Water and Sanitation District, Cherry Hills Heights Sanitation District, Cherry Hills Village Sanitation District, City of Cherry Hills Village, City of Sheridan, Columbine Water and Sanitation District. Country Homes Metropolitan, South Arapahoe Sanitation District, South Englewood Sanitation District, Southgate Sanitation District and Valley Sanitation District. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting districts within the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District had been revised and presented to the Englewood water and Sewer Board on May 9, 2017. Page 104 of 353 Subsequently, during preparation of the ordinance language for presentation to the City of Englewood City Council, the City of Englewood City Attorney’s office noted that the revised addendums were not complete and required additional introductory agreement language. The City attorney crafted additional “Whereas” statements that have been incorporated into the new revised addendums being presented today for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District’s. The additions were also reviewed and approved by the L/E WWTP Attorney’s (Hill & Robbins, P.C.). Page 105 of 353 ENGLEWOOD WATER AND SEWER BOARD MINUTES AUGUST 8, 2017 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. Members present: Wiggins, Yates, Roth, Johnson, Mullen Members absent: Moore, Gillit, Yates, Jefferson, Mercier 2. TELE‐WORKS The Tele‐Works system is used when customers pay their bills using a credit or debit card on‐ line or using Englewood’s automated telephone system. The invoice is for the license fee for using their software to interact with the Englewood’s CIS Infinity billing system. 27% of Englewood’s water, sewer and storm water bills are paid through Tele‐Works. This percentage is increasing as more customers engage in electronic bill pay. Tele‐Works is a budgeted item, divided between the water, sewer and storm water funds. The $57,401.00 is an annual subscription fee for the period of April 1, 2017 through March 31, 2018. This is an information‐only item. 3. MEMO DATED AUGUST 8, 2017 – REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE, SOUTHGATE, CITY OF SHERIDAN AND CHERRY HILLS VILLAGE SANITATION DISTRCTS. Addendums were presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation Districts and were Page 106 of 353 approved and signed by the districts immediately upon distribution in early 2016. Subsequently, other districts provided comments to the agreement language and these comments were incorporated into the all the agreements. The addendums for Cherry Hills Village, City of Sheridan, South Arapahoe and Southgate Sanitation Districts were revised and presented to the Englewood Water and Sewer Board on May 9, 2017. Subsequently, while drafting the ordinances for presentation to City Council, the City Attorney’s office noted that the revised addendums required additional introductory agreement language. The new revised addendums were presented for approval at this meeting. The additional language was reviewed and approved by the L/E WWTP Attorney, Hill & Robbins. 4. SOUTH ARAPAHOE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for South Arapahoe Sanitation District. Motion: To recommend Council approval of the South Arapahoe Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 5. SOUTHGATE SANITAITON DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Southgate Sanitation District. Motion: To recommend Council approval of the Southgate Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 107 of 353 6. CITY OF SHERIDAN REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for City of Sheridan. Motion: To recommend Council approval of the City of Sheridan Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 7. CHERRY HILLS VILLAGE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Cherry Hills Village Sanitation District. Motion: To recommend Council approval of the Cherry Hills Village Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 8. SHERIDAN SANITAITON DISTRICT NO. 1 WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR SHERIDAN SANITATION DISTRICT NO. 1. The Board received the Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1 Sanitation District. Motion: To recommend Council approval of the Sheridan Sanitation District No. 1 Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 108 of 353 9. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (LE WWTP) BIOGAS USE APPLICATIONS. Chong Woo, Capital Projects Manager, of the LE WWTP appeared before the Board to present the Biogas project proposal. Biogas is a renewable energy product. Biogas use options included conversion of digester gas for onsite electrical power generation, conversion of digester gas to compressed natural gas for vehicle fuel and conversion of the gas to pipeline quality natural gas and injecting into an Xcell utility service line. Pipeline Injection is the recommended project. Initial capital cost is $8.0M with projected payback in 4 years. Pipeline injection sites already exist at the Point Loma WWTP in San Diego, California and the Clean Water Services facility in Oregon. Sites are under construction in South Bend, Indiana, Des Moines, Iowa and Raleigh, North Dakota. Kaitlin Mercier and Joe Jefferson entered at 5:10 The Biogas proposal will go to Littleton/Englewood Joint Council in August and Englewood City Council in September, 2017. Construction is expected to begin in 2018, with a revenue stream beginning in 2019. Mayor Joe Jefferson noted that this project is economically and ecologically beneficial while using renewable fuels. This is an informational item. 10. STORM SEWER COLLAPSE. Tom Brennan, Director of Utilities discussed the most recent storm sewer collapse at Oxford Station at Windermere and W. Oxford Ave. A 78” corrugated storm sewer pipe was pressurized during a storm and as a result, a 15’ section of pipe opened, settled and partially collapsed. 250’ of corrugated pipe was replaced in the same area in 2012. American Civil Constructors, an Englewood company, is in charge of construction with Hayward Baker doing stabilization. The project is expected to be completed in 3 weeks. Tom noted that since the stormwater system is at a point that problems are developing, he is going to evaluate the system and prioritize stormwater projects. Page 109 of 353 11. DIVERSION PROJECT. Tom reviewed the progress of the Big Dry Creek Diversion Project. 400’ of fusion weld pipe has been already installed. The project will be reduce water treatment costs by improving water hardness and reducing radioactive materials in the source water. The meeting adjourned at 5:46 p.m. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Page 110 of 353 ELECTRONIC VOTE AUGUST 15, 2017 FOR MINUTES OF THE AUGUST 8, 2017 WATER BOARD MEETING The Englewood Water and Sewer Board were contacted for an e‐mail vote of the August 8, 2017 meeting minutes. 1. MINUTES OF THE AUGUST 8, 2017 WATER & SEWER BOARD MEETING. The Board reviewed the Minutes of the August 8, 2017 Water and Sewer Board meeting. Motion: To approve the Minutes of the August 8, 2017 Water and Sewer Board meeting. Moved: Johnson Seconded: Habenicht Ayes: Mercier, Wiggins, Johnson, Habenicht, Roth, Mullen, Jefferson Nays: None Abstain: Moore, Gillit, Yates Motion passed. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Page 111 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: October 2, 2017 SUBJECT: L/E WWTP Revised Southgate Sanitation District Addendum to Connector's Agreement DESCRIPTION: L/E WWTP Revised Southgate Sanitation District Addendum to Connector's Agreement RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the revised Southgate Sanitation District Addendum to Wastewater Connector's Agreement. PREVIOUS COUNCIL ACTION: City Council approved the standard Sanitary Sewer Connector's Agreement in April 2009. Council approved a Bill for an Ordinance on first reading at their April 3, 2017 meeting and on second reading at their April 17, 2017 meeting. After additional revisions were necessary to obtain consistent language for all Englewood's Addendums, the City Council approved a Bill for an Ordinance on first reading at their September 18, 2017 meeting. SUMMARY: An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was necessary to provide adequate delegation of the Pretreatment Program implementation to the Cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector's Agreement with the district owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts. The Addendums presented to Council For Cherry Hills Village Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting districts within the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation district have been revised. Page 112 of 353 ANALYSIS: A majority of the revisions are to establish legal language and terminology in a consistent manner. The revisions deemed substantial include: 1.) The removal of specific language requiring the agreements to be reviewed and revised, at least every five (5) years. 2.) The addition of the following City Responsibility language: "The City will make a reasonable effort to notify the District in advance of any public hearing to change municipal code provisions referenced in this Addendum, and make a reasonable effort to provide an opportunity for the District to comment on proposed changes." 3.) The addition of the following City Responsibility language pertaining to emergency action to stop or prevent discharges from Industrial Users posing imminent danger: "In the event the City deems such emergency action appropriate it shall provide with the District with notice thereof in advance, if possible, but no later than 24-hours after the action is initiated." 4.) The addition of the following District Responsibility language pertaining to the implementation and enforcement of the Industrial Pretreatment Program: "In the event the District fails to provide resources, adequately implement or enforce the Industrial Pretreatment Program, the District agrees that the City may take such action on behalf of and as an agent for the District, provided that the City provides notice of such action to the District." Southgate Sanitation District will continue to own the mains and will be responsible for capital improvements in their systems. The Englewood Water and Sewer Board approved the revised Addendum at their August 8, 2017 meeting. ATTACHMENTS: Council Bill for Ordinance Exhibit A - Addendum to Wastewater Connector's Agreement Wastewater Connector's Agreement Program Modification Letter - EPA Approval Memo to Water and Sewer Board August 8, 2017 Water and Sewer Board Minutes Page 113 of 353 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 61 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A REVISED INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SOUTHGATE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the L/E Wastewater Treatment Plant (WWTP); and WHEREAS, the L/E WWTP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; and WHEREAS, the L/E WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the L/E WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector’s Agreement for Districts between Southgate Sanitation District and Englewood by the passage of Ordinance No. 9, Series of 2009; and WHEREAS, The L/E WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the L/E WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the L/E WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector’s Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the L/E WWTP update the Intergovernmental Wastewater Connector’s Agreement Ordinance No. 9, Series of 2009, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector’s Agreement responds to EPA’s corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and Page 114 of 353 WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of Southgate Sanitation District Addendum to Wastewater Connector’s Agreement at their March 14, 2017 meeting; and WHEREAS, The Englewood City Council approved the Southgate Sanitation District Addendum to Wastewater Connector’s Agreement at their April 17, 2017 City Council Meeting; and WHEREAS, after approval it was discovered that language in the addendum did not reflect the language in the other addendums; and WHEREAS, this Addendum was revised to gain consistent language and defined responsibilities across all of the connecting districts, and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Revised Addendum to Wastewater Connector’s Agreement on August 8, 2017; and WHEREAS, the Revised Addendum to Wastewater Connector’s Agreement supersedes and replaces the Addendum to Wastewater Connector’s Agreement signed by the District on April 20, 2016 and approved by the Englewood City Council on April 17, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and Southgate Sanitation District entitled “Revised Addendum to Wastewater Connector’s Agreement” is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental “ Revised Addendum to Wastewater Connector’s Agreement”, for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of September, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of September, 2017 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. , Series of 2017, on the 5th day of October, 2017. Published by Title on the City’s official website beginning on the4th day of October, 2017 for thirty (30) days. Page 115 of 353 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 116 of 353 REVISEDADDENDUMT0WASTEWATERCONNECTOR’SAGREEMENTForSanitationDistrictswithIndustrialUsersThisRevisedAddendumismadeandenteredintothisdayof2017,tobeeffectiveasof,byandbetweentheCITYofENGLEWOOD,COLORADO,hereina?erreferredtoas“City”,amunicipalcorporation,actingbyandthroughitsdulyelected,quali?edandauthorizedMayorandCityClerk,andSouthgateSanitationDistrict(Nauru:ufsnnnntmnDistrict)AOuasi-MunicipalCorporationoftheStateof(TypeofEmily)Colorado,hereina?ercalled“District”,actingbyandthroughitsauthorizedRepresentative.WITNESSETHWHEREAS,onApril17,2017theEnglewoodCityCouncilapprovedtheAddendumstoWastewaterConnectorsAgreementsbetweentheCityofEnglewoodandvarioussanitationdistricts;andWHEREAS,afterapprovalitwasdiscoveredthatlanguageinthefollowingaddendumsCityofSheridan,CherryHillsVillageSanitationDistrict,SouthArapahoeSanitationDistrictandSouthgateSanitationDistrictdidnotreflectthelanguageintheotheraddendums,andWHEREAS,togainconsistentlanguageandde?nedresponsibilitiesacrossallconnectingdistricts,theaddendumsfortheCityofSheridan,CherryHillsVillageSanitationDistrict,SouthArapahoeSanitationDistrictandSouthgateSanitationDistrict,havebeenrevised;andWHEREAS,thisRevisedAddendumtoWastewaterConnector’sAgreementsupersedesandreplacestheAddendumtoWastewaterConnector’sAgreementsignedbytheDistrictonMarch14,2017andapprovedbytheEnglewoodCityCouncilonApril17,20l7;andWHEREAS,theCityandtheDistrictpreviouslyenteredintoaConnector’sAgreement,(“Agreement”)datedNovember16.1988,acopyofwhichisattachedheretoandincorporatedbyreference,pursuanttowhichtheCityandtheDistrictagreedthattheCitywouldprovidewastewatertreatmentservicestotheDistrictthroughtheLittleton/EnglewoodBi-CityWastewaterTreatmentPlant(“WastewaterPlant”);andWHEREAS,thetermsandprovisionsoftheAgreementremainine?'ectunlessexpresslymodi?edbythisRevisedAddendum;andWHEREAS,theUnitedStatesEnvironmentalProtectionAgency(“EPA")hasinstructedtheCitytoestablishaninter-jurisdictionalagreementbetweentheCityandtheDistrictwhichprovidestheCitywiththeauthoritytoimplementthe“IndustrialPretreatmentProgram",containedin40CFRPart403promulgatedbytheEPAandTitleI2,Chapter2,Section5,oftheCityofEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode,foranyindustrialuserscurrentlylocatedorherea?erlocatingintheDistrict;and1Page 117 of 353 WHEREAS,theAgreementprovidesthatintheoperationoftheDistrict'ssanitarysewersystemallapplicableCitymunicipalcodeprovisionsandrulesandregulationsoftheCityshallbetheminimumstandardsfortheDistrict'ssanitarysewersystem;andWHEREAS,theCityhasdeterminedthattheprovisionsoftheAgreementprovidetheCitywithsufficientauthoritytosatisfytheinter-jurisdictionalagreementrequirementsimposedbytheEPA;andWHEREAS,thepartiesdesiretofurtherclarifytheobligationsandresponsibilitiesoftlieDistrictandtheCitywithrespecttotheenforcementoftheCity’sMunicipalCode,rulesandregulationswithintheserviceareaoftheDistrict;andWHEREAS,theEPAde?nes“IndustrialUser”as“asourceofnondomesticwaste"and“anynondomesticsourcedischargingpollutantstoaPubliclyOwnedTreatmentWorks".EPAde?nesNondomesticUseras“anypersonorentitythatdischargeswastewaterfromanyfacilityotherthanaresidentialunit”.NOWTHEREFORE,inconsiderationofthemutualpromisesandcovenantshereina?ercontained,thepanicsagreeasfollows:1.Therecitalsaboveareincorporatedhereinbythisreference.2.TheCityandDistrictmutuallyagreetocomplyfullywithallapplicablefederal,stateandlocallaws,rulesandregulations,includingbutnotlimitedto40CFRPart403promulgatedbytheEPA,ColoradoRegulations5CCR1002-63promulgatedbytheColoradoWaterQualityCommissionpursuanttoColoradoRevisedStatute22-8-508,andTitleI2,Chapter2,Section5oftheEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode,aseachisamendedfromtimetotime,andallwastewatercontributionrequirementsadoptedbytheCityinaccordancewiththeAgreement.3.Theparties,fromtimetotime,shallreviewandrevisethisAddendum,ifnecessary,toensurecompliancewith42U.S.C.§1251et.seq.,oftheFederalCleanWaterAct,thefederalmlesandregulationsfoundat40CFRPan403issuedthereunder,andtheCityMunicipalCode.I.CityResponsibilities1.TheCityshallberesponsibleforandshallacceptthefollowingdutiesandperformthefollowingactionsinrelationtoallcurrentandfutureIndustrialUsersand/orNondomesticUserslocatedwithintheDistrict,andtheDistrictagreestocooperatetotheextentnecessaryfortheCitytosuccessfullycarryoutitsresponsibilities:A.TheCity,onbehalfofandasanagentfortheDistrict,shallperfonntechnicalandadministrativedutiesnecessarytoassisttheDistrictwiththeimplementationandenforcementoftheDistrict’srulesandregulationsregardingIndustrialUsersand/orNondomesticUsers.Withoutlimitingthegeneralityoftheforegoing,theCityagreesthatitshall:Page 118 of 353 (i)(ii)(iii)(iv)(v)(vi)(vii)(viii)UpdatetheCity‘sindustrialwastesurvey;IssuepermitstoallIndustrialUsersand/orNondomesticUserswithintheDistrictrequiredtoobtainapermit;Havetherighttoconductinspections,sampling,andanalysis;TakeallappropriateenforcementactionsasoutlinedintheCity’senforcementresponseplanandconsistentwiththisAddendum;ProvidenoticetotheDistrictofenforcementactionstakenbytheCityagainstanyIndustrialUserand/orNondomesticUserslocatedwithintheDistrictboundaries;Performanyothertechnicaloradministrativedutiesthepartiesdeemappropriate;UponreasonablenoticetotheCity,providetheDistrictaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserslocatedwithintheDistrict’sservicearea.TheCitywillmakeareasonableefforttonotifytheDistrictinadvanceofanypublichearingtochangemunicipalcodeprovisionsreferencedinthisAddendum,andmakeareasonableefforttoprovideanopportunityfortheDistricttocommentonproposedchanges.Inaddition,theCitymay,asappropriate,andasanagentoftheDistrict,takeemergencyactiontostoporpreventthedischargefromIndustrialUsersorNondomesticUsersofanywastewaterwhichpresentsormaypresentanimminentdangertothehealth,safetyandwelfareofhumansorwhichreasonablyappearstothreatentheenvironment,orwhichthreatenstocauseinterferencewith,orpassthroughtheWastewaterPlant,orcausesludgecontamination.IntheeventtheCitydeemssuchemergencyactionappropriateitshallprovidetheDistrictwithnoticethereofinadvance,ifpossible,butnolaterthan24-hoursaftertheactionisinitiated.TheCity,onbehalfoftheDistrict,agreestoperfonnthefollowingactionsassetforthin40CFRPart403.8(?andsummarizedasfollows:(i)(ii)(iii)(iv)Controlthroughpermit,orsimilarmeans,thecontributiontotheCitybyIndustrialUsersand/orNondomesticUsers;RequirecompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsersand/orNondomesticUsers;DenyorconditionneworincreasedcontributionsofpollutantsorchangesinthenatureofpollutantsbyIndustrialUsersand/orNondomesticUsers;RequirethedevelopmentofcomplianceschedulesbyeachIndustrialUsersand/orNondomesticUsersfortheinstallationoftechnologyrequiredtomeetapplicableIndustrialPretreatmentProgramstandardsandrequirements;Requirethesubmissionofallnoticesandself-monitoringreportsfromIndustrialUsersand/orNondomesticUsersasarenecessarytoassessandassurecompliancebyIndustrialUsersand/orNondomesticUserswithPage 119 of 353 IndustrialPretreatmentProgramstandardsandrequirements,including,butnotlimitedto,tl1ereportsrequiredin40CFR402.12;(vi)Carryoutallinspection,surveillanceandmonitoringproceduresnecessarytodetermine,independentofinformationsuppliedbyIndustrialUsersand/orNondomesticUsers,complianceornoncompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsers;(vii)EnterpremisesofanyIndustrialUserand/orNondomesticUserinwhichadischargesourceortreatmentsystemislocated,orinwhichrecordsarerequiredtobekeptpursuantto40CFR403.l2(o),toassurecompliancewithIndustrialPretreatmentProgramstandardsandrequirements;(viii)EvaluatecompliancewiththeIndustrialPretreatmentProgramstandardsandrequirementsandobtainremedies,includingtheabilitytoseekinjunctivereliefandassesscivilorcriminalpenaltiesforeachviolation;(ix)Confonntocon?dentialityrequirementssetforthin40CFRPart403.14oftheIndustrialPretreatmentProgramstandardsandrequirements.IftheDistrictperformsitsownfats,oilsandgrease(“FOG”)programorpetroleum,oil,greaseandsand(“POGS”)programitshallnotifytheCityintheeventthattheDistrictdiscontinuesitsFOGorPOGSprogram.Inwhichcase,theCityshallthenadministertheFOGandPOGSprograminadditiontoadministratingtheremainingsectorcontrolprogramsonbehalfofandasagentfortheDistrict.TheCityshallhavetherighttochargeareasonableinspectionfeetotheDistrictforanyinspectionrelatedtoIndustrialUsersand/orNondomesticUserswithintheDistrict'sservicearea.IntheeventthattheDistrictdoesnotperfonnFOGorPOGSprogramsthepartiesagreethattheCityshallperfonnandberesponsiblefortheadministrationoftheseprograms,aswellastheremainingSectorControlPrograms.TheCityshallhavetherighttochargeareasonableinspectionfeetoDistrictforanyinspectionrelatedtoIndustrialUsersorNondomesticUserswithintheDistrict.TheCityshallberesponsibleforadministratingtheremainingsectorcontrolprogramsintheDistrictnotwithstandingthattheDistrictperformsitsownFOGandPOGSprograms.II.DistrictResponsibilitiesTheDistrictisresponsiblefor,andshallaccept,thefollowingdutiesandperfonnthefollowingactionsforandinrelationtoallcurrentandfutureIndustrialUsersand/orNondomesticUserswithintheDistrict’sservicearea:A.Withinfour(4)monthsofthisaddendum,theDistrictshalladoptenforceablelocalseweruserulesand/orregulationswhicharenolessstringentandareasbroadinscopeastheIndustrialPretreatmentProgramsectionoftheWastewaterUtilityOrdinancefoundinTitle12,Chapter2,Section5,oftheCityofEnglewoodMunicipalCodeorfoundinTitle7,Chapter5,Section25oftheCityofLittleton4Page 120 of 353 inMunicipalCode.TheCitywillprovidetotheDistrictmodelregulationsandanynecessaryrevisionstotheruleand/orregulationsfromtimetotime,andtheDistrictwilladopttherevisionstoitslocalseweruserulesand/orregulationsthatareatleastasstringentasthoseadoptedbytheCity.TheDistrictwillmaintaincurrentinformationonIndustrialUsersand/orNondomesticUserslocatedwithintheDistrict’:servicearea,andprovideIndustrialUsers’informationtotheCityuponrequest.TheDistrictagreestoprovidetotheCityaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramformyIndustrialUserand/orNondomesticUserslocatedwit.hintheDistrict’sservicearea.TheDistrictshallenforcetheprovisionsofitslocalseweruseregulations.IntheeventtheDistrictfailstotakeadequateenforcementactionagainstnoncompliantIndustrialUsersand/orNondomesticUsersintheDistrictonatimelybasis,theDistrictagreesthattheCitymaytakesuchactiononbehalfofandasanagentfortheDistrict,providedthattheCityprovidesnoticeofsuchactiontotheDistrict.TheDistrictshallprovidetheresourcesandcommittoimplementationandenforcementoftheIndustrialPretreatmentProgramstandardsandrequirementsfortheIndustrialUsersand/orNondomesticUsersintheDistrictwiththeCity’soversightoftheprogram.IntheeventtheDistrictfailstoprovideresources,adequatelyimplementorenforcetheIndustrialPretreatmentProgram,theDistrictagreesthattheCitymaytakesuchactiononbehalfofandasanagentfortheDistrict,providedthattheCityprovidesnoticeofsuchactiontotheDistrict.TheDistrictagreesthatintheeventthattheCityisrequiredtotakeresponsibilityforinspectionsofIndustrialUsersand/orNondomesticUsersonbehalfoftheDistrict,duetoinaction,refusaltoinspect,orlackofpersonneltoinspect,bytheDistrict,theCitymaychargetheDistrictforthecostsofanysuchinspections.TheDistrictagreesthatiftheauthorityoftheCitytoactasagentfortheDistrictunderthisAddendumisquestionedbyanIndustrialUserand/orNondomesticUser,courtoflaw,orotherwise,theDistrictwilltakeactiontoensuretheimplementationandenforcementofitslocalseweruseregulationsagainstanyIndustrialUsersandNondomesticUsers,withintheDistrict'sservicearea,includingbutnotlimitedto,implementingandenforcingitslocalsewerregulationsonitsownbehalfand/oramendingthisAddendumtoclarifytheCity’sauthority.TheDistrictISresponsibleforadministeringtheFOGandPOGSprograms,includingconductingallinspectionsrequiredbytheseprograms.IfanytermofthisAddendumisheldtobeinvalidinanyjudicialaction,theremainingtermswillbeunaffected.REMAINDEROFPAGEINTENTIONALLYBLANK5Page 121 of 353 CITYOFENGLEWOODMayorArtestATE&,:.rr»..m..L'D.s-rem.-ranitmionstrictOf?cial-.u—\:LL.M.anAM1aa$_?EES1l>a~\."I‘StateofColorado))55.CountyofArapahoc)Theforgoinginstrumentwasacknowledgedbeforemethisll?‘dayofSLAM,20IE.atQ.a_l‘\Q,3D1Q§,Colorado.bywmygswsWitnessmyhandandofficialseal.MyCommissionexpires:NoryPublicPage 122 of 353 CONNECTDR'SAGRZEMNTsewerContractNo.3THISAGREEMENT,madeandenteredintothis16dayofNovember1988byandbetweentheCITY0?.ENGLEWDOD,COLORADO,amunicipalcorporation,hereinafterreferredtoas"City,"actingbyandthroughitsdulyelected,qualifiedandauthorizedMayorandcityClerk,andggumcnrz1-umRI'1‘AranehoeandDouclasCountiesacorporationofthestateofColorado,hereinaftercalled"District,"actingbyandthroughitsdulyauthorizedBoardof__Directors7WITNESSETHWHEREAS,thecityownsandoperatesasewagesystem,includingasewagetreatmentplantwhichisjointlyownedandoperatedwiththecityofLittleton,sosituatedphysicallyastobeabletoreceiveandtreatthesewagegatheredbytheDistrict;andWHEREAS,itisthedesireoftheDistricttoutilizethefacilitiesownedbytheCityforthetreatmentofsewageandthecityiswillingtoservetheDistrictfortreatmentofsewageundercertainconditions;NOW,THEREFORE,INCONSIDERATIONofthepromisesandforothergoodandvaluableconsiderationhereinaftersetforth,itismutuallyagreedbythepartiesasfollows:1.TheCityherebyagreesundertheconditionshereinaftersetforthtotreatthesewageoriginatingfromDistrict'ssanitarysewersystemwithintheareaservedbytheDistrict,asapprovedbythecity,asindicatedinthedescriptionsattachedheretomarkedExhibitA.Districtspecificallyagreestopreventsewagefromanyarea,otherthanthatdescribedherein,frombeingdischargedintoDistrict'ssanitarysewagesystemconnectedtocity'strunklineandtopreventconnectionstothesystemfromorinanyareaotherthanthosedescribedherein.**SeeFootnoteonlastpage.-1-Page 123 of 353 IntheoperationofDistrict'ssanitarysewersystem,DistrictagreesthatallapplicableCodeprovisionsandrulesandregulationsofcity,includingamendmentstheretoduringthetermofthecontract,shallbetheminimumstandardsforDistrict'ssystem.Districtfurtheragreestoabidebyallapplicablestateandfederallaws,rules,regulations,orpermits,includingthoseoftheEnvironmentalProtectionAgency(theEPA)astheybecomeeffectiveorimplementedoruponnoticeironthecity.Districtshallinformallusers,contractorsandsubcontractorsofsuchstandards,rulesandregulationsuponinquiryfromsuchpersons,andshallnotfurnishanyinformationinconsistenttherewith.Inthisregard,itshallbetheresponsibilityoftheDistricttoobtainfromtheappropriategoverningbodytheapplicablerequirements.ThecityshallattempttomaintainandprovideallrequirementstotheDistrict;however,citydoesnotguaranteetheaccuracyorcompletenessofgovernmentregulationsotherthantheCity'sownregulations.TheCity'spermittingrequirementsshallbefollowedbytheDistrictanditsusers.Allplans,specificationsandmethodsofworkwithintheDistrictshallhesubmittedtotheCityinwritingandapprovedbycitypriortoanyconstructionortapintheDistrict'sapprovedarea.Nopermitshallbefinalandnoserviceshallbeprovidedtopropertyuntilconstructionisapprovedinwritingbycity.Districtshall,atalltimes,properlymaintainitssewersystemandshallrectifyanyproblemsorconditionswhichhavebeendeterminedbyDistrictorCitytobedetrimentaltoCity'streatmentprocess.ShouldtheCitydeterminethatanydischargeentersthesewersystemcontrarytogoverninglaws,ordinances,statutes,rules,regulationsorpermits,Districtagreestoproceedatoncetotakewhateverlawfulmeansmaybenecessarytorectifyanysuchproblemorcondition.cityshallhavetherighttoallocateserviceunderthiscontract,andcitymaydenyadditionalserviceforanyutility-relatedreason,butinnoeventwillcityterminateanyservicewithoutcause.CityshallhavetherighttodisconnectservicetoanyareaannexedbyDistrictwhensuchannexationtakesplacewithoutpriorwrittencityapproval.Districtshallprovidecitywithinoneyearofthisagreement,anestimateofthenumberofequivalentservicetapsneededforthenextfive(5)yearsundercurrentzoningandplannedbuildoutinDistrict'sarea.DistrictshallmonitorzoningchangeswithinitsareatoestimateitstaprequirementsandprovidecitywithnoticeoftaprequirementsforthenextfiveyearperiodoftimeinaformsatisfactorytotheCity.Noticeo£theserequirementsshallbegivenCityoneachanniversarydateofthisagreement.Citymayimposeandcollectreasonablefees,tollsandcharges,whichshallbeuniformastoalloutside-CityusersPage 124 of 353 1D.11.12.fortheservicesprovidedbytheCityunderthisconnector'sAgreement.CityshallbillDistrictuserdirectlyforallapplicablecitychargesforservicesrenderedunderthisAgreement.shouldanyusernotpayCity,CityshallbillDistrictandDistrictshallpaytocitywithin45daysofsuchbillingtheamountdue.Thesechargesaresubjecttoadjustmentfromtimetotimebycity:whensuchchargesarechanged,CityshallgiveDistrictforty-five(45)daysadvancewrittennotice.ThetermofthisAgreementisforaperiodofthree(3)yearsfromthedateofexecutionandautomaticallyrenewedforsix(6)subsequentthree-(3)-yearperiodsunlesseitherpartygivesamiinumofsixmonthswrittennotice,duringwhichtimeDist-ctagreesthatalleffluentproducedfromtapswithinDistrictshallnotbeinviolationofanyfederal,stateorCitylaws,rulesorregulations,oranyotherapplicablegovernmentalregulationsorthepermitsunderwhichtheCityoperatesitssewagetreatmentsystem.cityagrees,duringthetermhereof,totreatsaideffluentandtomaintainadequatefacilitiesfortreatingofthesame.Districtagreesthatitwillmaintain,atitsownexpense,allofitslines,orthoselinesnowownedandoperatedbyDistrict,itbeingspecificallyagreedthatCityassumesnoresponsibilityshouldanyofDistrict'slinesbecomeclogged,damaged,orrequiremaintenance.Districtshallmaintain24-hourservicetoremedydisruptioninservice.Districtshall,ifitdeemsnecessary,notifyitsusersofDistrict'sproceduretoremedyservice.Citl’isprovidingonlysewagetreatmentserviceand,pursuantthereto,permitsincidentaluseofCity'ssewagelinesonlybythisindividualcontractwithDistrictanddoesnot,bythiscontract,offertreatmentserviceexceptinstrictaccordancewiththetermshereof.Thiscontractdoesnotoffer,andshallnotbeconstruedasoffering,sewagetreatmentservicetothepublicgenerallyortoanyareaoutsidethelimitsoftheDistrict'sserviceareahereindescribed.Thiscontractmaynotbeassigned,soldortransferredbyDistrictwithoutcity‘:writtenconsent.shouldanyfederallaw,rule,permitorregulationorshouldadecreeororderofacourtrendervoidorunenforceableanyprovisionsofthiscontract,inwholeorinpart,ifpossible,theremaindershallbeorfullforceandeffect.TheDistrictshallenforcethisagreementandeachofitstermsandconditionswithintheareadescribedinExhibit"A."Districtshallrefusetoserveauserorpotentialuser,disconnecttheserviceofanyuserpursuanttoPage 125 of 353 13.appropriatelaw,ortakeotherappropriateactionintheeventor:a.NonpaymentbysuchuserofanychargemadebyCityforservices;b.Anyviolationornoncompliancebysuchuserwiththetermsorthisagreement:c.Violationornoncompliancebysuchuserwiththelaws,rules,permitsorregulationsoftheCity,theUnitedStatesgovernment,includingtheEPA,theStateofColorado,includingtheDepartmentofHealth,orotherlaw,rule,permitorregulationapplicable.d.ContinuedbreachofthisAgreementbytheDistrictand/oritsusersshallbeconsideredcausefortheCitytoterminatethisAgreement.ShouldtheDistrictfailtopromptlyrectifyabreechofthoseprovisionsidentifiedherein,afternoticethereof,Citymaytakesuchstepsanddosuchworkasitdeemsnecessarytoenforcethisagreement,includinglitigationandspecificallyarighttoinjunctionorspecificperformanceagainsttheDistrictoranyofitsusersasisnecessarytoprotecttheCity'ssystemandoperations.Theprevailingpartyshallbeentitledtoexpensesandcostsofsuit,includingattorneyfees.shouldmorethanoneDistrictbeconnectedtoasewerline,allDistrictsonthelineshallbejointlyandseverallyliableforanybreachofthisagreementandeachsuchDist__ctshallimmediately,afternotice,rectifyanyproblemorconditiondetrimentaltothetreatmentprocessarisingwithinitslegalboundaries.CityshallnotberequiredtoprovewhichDistrictisatfaultbutshallmakeavailabletoallsuchaffectedDistrictsallinformationdevelopedoraccumulatedbyCitypeitainingtosuchbreach.Nothingcontainedhereinshallprecludeaclaim_forindemnityorcontributionbyanyDistrictagainstanotherDistrictconnectedtoacommonsewerline.CR5-13-31-111.5shall.governthepercentageofliabilityofanyDistrictonacommonsewerlineintheeventtheCityseekstoimposeliabilitybaseduponnegligenceorfault.Thiscontractshallnotbeusedasalegaldefenseor,prohibitiontothemandatoryconsolidationoffacilitiesbyeitherpartyasmayberequiredbythelawsofthestateofColoradoofallexistingsewercollectionsystemsandfacilitiestoagovernmentalentitycreatedtoassumeresponsibilityforsewerserviceintheareainwhichbothcityandstateareapartunderstatutoryorconstitutionalauthorityasmaybethecase.Page 126 of 353 ATTEST:CITYOFENGLEWOODCityClerk/?ayof57''"ATTEST:SOUTHGATESANITATIONDISTRICTArapahoeandDouglasCounties,ColoradoV'.Meredith,SecretaryJohnWickham,President**Footnote(seepage1)1/NothinginthisparagraphshallapplytoflowsenteringtheoutfalllineutilizedbytheDistrictatanypointorpointsdownstreamfromwherethesaidoutfalllineleavestheareaoftheDistrict.Page 127 of 353 FIRSTAMENDMENTTOCONNECTORSAGREEMENTSEWERCONTRACTNO.8_1.PARTIES.Thepartiestothisl-”rr5tAmendmenttoConnectorsAgreementsewerContactNo.8(herein;“Amendment")are:theCITYOFENGLEWOOD,COLORADO,amunicipalcorporation,("City");andSOUTHGATESANITATIONDISTRICT,a‘Ftie32specialdistrict.2,RECITALSANDPURPOSES.ThepartiespreviouslyenteredintoaConnectorsAgreementdatedJune20"‘1961,whichwassubsequentlysupersededbyaConner:tur’sAgreement»SewerContractNo.8datedNovember16,1988,("Agreement")TheAgreement,byitsterms,isduetoexpirein2009.ThepartiesdesiretoextendthetermoftheAgreementandthepurposeofthisAmendmentistoextendtheAgreementbyalike-periodofyearsassetforthintheAgreement.Accordingly,thepartiscovenant,acknowledge,andagreetothefollowingtermsandconditionsasanamendmenttotheAgreement3.-MODIFICATIONANDAMENDMENT.TheAgreementisherebymodi?edandamendedbythedeletionofcerminlanguageinexistingparagraph7,asshownbyssikeeeteperrainlngtothetermoftheAgreement,andreplacedbythefoi|ow|ng7.ThetermofthisAgreementisforaperiodofthree(3)yearsfromt-he-date-efmwwm andautomaticallyrenewedforsix(6)subsequentthree-(3)-yearperiodsunlesseitherpartygvesaminimumofsixmonthswntterrnotice,duringwhichtime‘theDistrictagreesthatalleffluentproducedfromtapswithinDistrictshallnotbeinviolationofanyfederal,stateorCitylaws,rulesorregulations,oranyotherapplicablegovernmentalregulationsorthepermitsunderwhichtheCityoperatesitssewagetreatmentsystem.Cityagrees,during?uetermhereof,totreatsaidef?uentandtomaintainadequatefacilitiesfortreatingof‘the53me.4,ANNUALAPPROPRIATIONREQUIRED.AnyprovisionofthisAgreement,oritsattachments,whichdirectlyorindirectlyimposeuponeitherparty,any?nancialobligationwhatsoevertobeperformedorwhichmaybeperformedinany?scalyearsubsequenttotheyearoftheexecutionofthisAgreementisexpresslymadecontingentupon,andsubjectto,fundsforsuch?nancialobligationbeingappropriated,budgetedandotherwisemadeavailablebytheparties’respectivegoverningboards.5.RATIFIGATION.ThepartiesherebyratifyallotherprovisionsoftheAgreementwhichprovisionsshallremaininfullforceandeffect.CITYENGLEWOODYUTSecretaryPage 128 of 353 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER,CO 80202-1129 Phone 800-227-3917 http:llwww.epa.gov/region08 Ref:SWP-CWW Jun 11 mt? CERTIFIED MAIL RETURN RECEIPT REQUESTED John Kuosmau Plant Director Littletcn-Englewood Wastewater Treatment Plant 2900 South Platte River Drivc Englewood,CO 80110 Rc:Program Modi?cation Approval,National Pollutant Discharge Elimination System (NPDES) Number:CO-0032999 Dear Mr.Kuosman: The Environmental Protection Agency public noticed your request for a substantial modi?cation of the Littleton-Englewood Wastewater Treatment Plant’s (LEWWTP)Pretreatment program on May S,2017, as required by 40 CFR Section 403.18.Our records indicate that no substantive comments were received and that the modi?cations,as public noticed,have remained unchanged.Therefore,pursuant to 40 CFR Section 403.18(c),the modi?cations public noticed by the EPA are approved.The revised pretreatment program shall be an enforceable condition of your NPDES permit as of the date of this approval letter (see 40 CFR Seclion 122.63(g)).The LEWWTP should evaluate and update its procedures or permits to ensure these adequately implement the program modi?cation,as required in 40 CFR 403.8(t)(2). If you have any questions,please contact Al Garcia,EPA Region 8 Pretreatment Coordinator,at (303) 312-6382 or garcia.aI@epa.gov. Sincerely, Colleen R.L.Rathbone Unit Manager,Wastewater Unit cc:Lisa Knerr,Colorado Department of Public Health and Environment Jon Bridges,LEWWTP Page 129 of 353 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INDUSTRIAL PRETREATMENT DIVISION MEMORANDUM TO: Englewood Water & Sewer Board / Englewood City Council FROM: Tim Grossbach, WWTP Industrial Pretreatment Specialist DATE August 8, 2017 SUBJECT: NEW REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT, CITY OF SHERIDAN, AND CHERRY HILLS VILLAGE SANITATION DISTRICT ______________________________________________________________________________ The Wastewater Connector’s Agreement Addendums were developed to establish delegation for implementation of the Pretreatment Regulations in each sanitation district discharging to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) in both Englewood and Littleton. The requirement for this delegation came from Environmental Protection Agency (EPA) following an audit of the L/E WWTP Industrial Pretreatment Program in February of 2014. In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific addendum to the wastewater connector’s agreements currently in place between individual sanitation districts and the Cities. In this manner, EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts. In March and April, 2017, the L/E WWTP presented to the Englewood Water and Sewer Board and City of Englewood City Council for approval Addendums to the Wastewater Connector’s Agreements for: Bow Mar Water and Sanitation District, Cherry Hills Heights Sanitation District, Cherry Hills Village Sanitation District, City of Cherry Hills Village, City of Sheridan, Columbine Water and Sanitation District. Country Homes Metropolitan, South Arapahoe Sanitation District, South Englewood Sanitation District, Southgate Sanitation District and Valley Sanitation District. The Addendums presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District were approved and signed by the districts immediately upon distribution in early 2016. Subsequently, the other districts provided comments to the agreement language. The comments were incorporated into the other district agreements. To gain consistent language and defined responsibilities across all connecting districts within the L/E WWTP service area, the Addendums for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District had been revised and presented to the Englewood water and Sewer Board on May 9, 2017. Page 130 of 353 Subsequently, during preparation of the ordinance language for presentation to the City of Englewood City Council, the City of Englewood City Attorney’s office noted that the revised addendums were not complete and required additional introductory agreement language. The City attorney crafted additional “Whereas” statements that have been incorporated into the new revised addendums being presented today for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District, and Southgate Sanitation District’s. The additions were also reviewed and approved by the L/E WWTP Attorney’s (Hill & Robbins, P.C.). Page 131 of 353 ENGLEWOOD WATER AND SEWER BOARD MINUTES AUGUST 8, 2017 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. Members present: Wiggins, Yates, Roth, Johnson, Mullen Members absent: Moore, Gillit, Yates, Jefferson, Mercier 2. TELE‐WORKS The Tele‐Works system is used when customers pay their bills using a credit or debit card on‐ line or using Englewood’s automated telephone system. The invoice is for the license fee for using their software to interact with the Englewood’s CIS Infinity billing system. 27% of Englewood’s water, sewer and storm water bills are paid through Tele‐Works. This percentage is increasing as more customers engage in electronic bill pay. Tele‐Works is a budgeted item, divided between the water, sewer and storm water funds. The $57,401.00 is an annual subscription fee for the period of April 1, 2017 through March 31, 2018. This is an information‐only item. 3. MEMO DATED AUGUST 8, 2017 – REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE, SOUTHGATE, CITY OF SHERIDAN AND CHERRY HILLS VILLAGE SANITATION DISTRCTS. Addendums were presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation Districts and were Page 132 of 353 approved and signed by the districts immediately upon distribution in early 2016. Subsequently, other districts provided comments to the agreement language and these comments were incorporated into the all the agreements. The addendums for Cherry Hills Village, City of Sheridan, South Arapahoe and Southgate Sanitation Districts were revised and presented to the Englewood Water and Sewer Board on May 9, 2017. Subsequently, while drafting the ordinances for presentation to City Council, the City Attorney’s office noted that the revised addendums required additional introductory agreement language. The new revised addendums were presented for approval at this meeting. The additional language was reviewed and approved by the L/E WWTP Attorney, Hill & Robbins. 4. SOUTH ARAPAHOE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for South Arapahoe Sanitation District. Motion: To recommend Council approval of the South Arapahoe Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 5. SOUTHGATE SANITAITON DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Southgate Sanitation District. Motion: To recommend Council approval of the Southgate Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 133 of 353 6. CITY OF SHERIDAN REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for City of Sheridan. Motion: To recommend Council approval of the City of Sheridan Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 7. CHERRY HILLS VILLAGE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Cherry Hills Village Sanitation District. Motion: To recommend Council approval of the Cherry Hills Village Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 8. SHERIDAN SANITAITON DISTRICT NO. 1 WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR SHERIDAN SANITATION DISTRICT NO. 1. The Board received the Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1 Sanitation District. Motion: To recommend Council approval of the Sheridan Sanitation District No. 1 Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 134 of 353 9. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (LE WWTP) BIOGAS USE APPLICATIONS. Chong Woo, Capital Projects Manager, of the LE WWTP appeared before the Board to present the Biogas project proposal. Biogas is a renewable energy product. Biogas use options included conversion of digester gas for onsite electrical power generation, conversion of digester gas to compressed natural gas for vehicle fuel and conversion of the gas to pipeline quality natural gas and injecting into an Xcell utility service line. Pipeline Injection is the recommended project. Initial capital cost is $8.0M with projected payback in 4 years. Pipeline injection sites already exist at the Point Loma WWTP in San Diego, California and the Clean Water Services facility in Oregon. Sites are under construction in South Bend, Indiana, Des Moines, Iowa and Raleigh, North Dakota. Kaitlin Mercier and Joe Jefferson entered at 5:10 The Biogas proposal will go to Littleton/Englewood Joint Council in August and Englewood City Council in September, 2017. Construction is expected to begin in 2018, with a revenue stream beginning in 2019. Mayor Joe Jefferson noted that this project is economically and ecologically beneficial while using renewable fuels. This is an informational item. 10. STORM SEWER COLLAPSE. Tom Brennan, Director of Utilities discussed the most recent storm sewer collapse at Oxford Station at Windermere and W. Oxford Ave. A 78” corrugated storm sewer pipe was pressurized during a storm and as a result, a 15’ section of pipe opened, settled and partially collapsed. 250’ of corrugated pipe was replaced in the same area in 2012. American Civil Constructors, an Englewood company, is in charge of construction with Hayward Baker doing stabilization. The project is expected to be completed in 3 weeks. Tom noted that since the stormwater system is at a point that problems are developing, he is going to evaluate the system and prioritize stormwater projects. Page 135 of 353 11. DIVERSION PROJECT. Tom reviewed the progress of the Big Dry Creek Diversion Project. 400’ of fusion weld pipe has been already installed. The project will be reduce water treatment costs by improving water hardness and reducing radioactive materials in the source water. The meeting adjourned at 5:46 p.m. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Page 136 of 353 ELECTRONIC VOTE AUGUST 15, 2017 FOR MINUTES OF THE AUGUST 8, 2017 WATER BOARD MEETING The Englewood Water and Sewer Board were contacted for an e‐mail vote of the August 8, 2017 meeting minutes. 1. MINUTES OF THE AUGUST 8, 2017 WATER & SEWER BOARD MEETING. The Board reviewed the Minutes of the August 8, 2017 Water and Sewer Board meeting. Motion: To approve the Minutes of the August 8, 2017 Water and Sewer Board meeting. Moved: Johnson Seconded: Habenicht Ayes: Mercier, Wiggins, Johnson, Habenicht, Roth, Mullen, Jefferson Nays: None Abstain: Moore, Gillit, Yates Motion passed. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Page 137 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: October 2, 2017 SUBJECT: L/E WWTP Sheridan Sanitation District No. 1 Addendum to Connector's Agreement DESCRIPTION: L/E WWTP Sheridan Sanitation District No. 1 Addendum to Connector's Agreement RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends Council approve an Ordinance, authorizing the City of Sheridan #1 Sanitation District Addendum to Wastewater Connector's Agreement. PREVIOUS COUNCIL ACTION: City Council approved the standard Sanitary Sewer Connector's Agreement in July 2013. Council approved a Bill for an Ordinance on first reading at their September 18, 2017 meeting. SUMMARY: An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was necessary to provide adequate delegation of the Pretreatment Program implementation to the Cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the Connector's Agreement with the district owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts. ANALYSIS: The City of Sheridan #1 Sanitation District will continue to own the mains and will be responsible for capital improvements in its system. The Englewood Water and Sewer Board approved the Addendum at their August 8, 2017 meeting. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Council Bill for Ordinance Exhibit A - Addendum to Wastewater Connector's Agreement Wastewater Connector's Agreement Program Modification Letter - EPA Approval Page 138 of 353 Memo to Water and Sewer Board August 8, 2017 Water and Sewer Board Minutes Page 139 of 353 BY AUTHORITY ORDINANCE NO. ________ COUNCIL BILL NO. 62 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT FOR DISTRICTS BETWEEN SHERIDAN SANITATION DISTRICT #1 AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the L/E Wastewater Treatment Plant (WWTP); and WHEREAS, the L/E WWTP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector’s agreement; and WHEREAS, the L/E WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the L/E WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector’s Agreement for Districts between Sheridan Sanitation District #1 and Englewood by the passage of Ordinance No. 52, Series of 2013; and WHEREAS, The L/E WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the L/E WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the L/E WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector’s Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the L/E WWTP update the Intergovernmental Wastewater Connector’s Agreement Ordinance No. 52, Series of 2013, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector’s Agreement responds to EPA’s Page 140 of 353 corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Sheridan Sanitation District #1 Addendum to Wastewater Connector’s Agreement at their August 8, 2017 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and the Sheridan Sanitation District #1 entitled “Addendum to Connector’s Agreement” is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental “Addendum to Connector’s Agreement”, for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of September, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of September, 2017 for thirty (30) days. A Public Hearing was held on October 2, 2017. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. , Series of 2017, on the 5th day of October, 2017. Published by Title on the City’s official website beginning on the4th day of October, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk Page 141 of 353 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 142 of 353 ADDENDUMT0CONNEC'l'OR’SAGREEMENTForSanitationDistrictswithlndustrialUsersThisAddendumismadeandenteredintothisdayof2017,tobeeffectiveasof,20l7,byandbetweentheCITYofENGLEWOOD,COLORADO,hereina?erreferredtoas“City”,amunicipalcorporation,actingbyandthroughitsdulyelected,qualifiedandauthorizedMayorandCityClerk,andSheridanSanitationDistrictNo.I(NameofsuniuititmDistncttoftheStateof(TypeofEmily)Colorado,hereina?ercalled“District”,actingbyandthroughitsauthorizedRepresentative.WITNESSETHWHEREAS,theCityandtheDistrictpreviouslyenteredintoaWastewaterConnector'sAgreement,(“Agreement”)datedJuly15,2013,acopyofwhichisattachedheretoandincorporatedbyreference,pursuanttowhichtheCityandtheDistrictagreedthattheCitywouldprovidewastewatertreatmentservicestotheDistrictthroughtheLittleton/EnglewoodBi-CityWastewaterTreatmentPlant(“WastewaterPlant”);andWHEREAS,thetermsandprovisionsoftheAgreementremainineffectunlessexpresslymodifiedbythisAddendum;andWHEREAS,theUnitedStatesEnvironmentalProtectionAgency(“EPA”)hasinstructedtheCitytoestablishaninter-jurisdictionalagreementbetweentheCityandDistrict,whichprovidestheCitywiththeauthoritytoimplementtheIndustrialPretreatmentProgram,containedin40CFRPart403promulgatedbytheEPAandTitleI2,Chapter2,Section5,oftheCityofEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode,foranyindustrialuserscurrentlylocatedorherea?erlocatingintheDistrict;andWHEREAS,theAgreementprovidesthatintheoperationoftheDistrict’ssanitarysewersystemallapplicableCitymunicipalcodeprovisionsandrulesandregulationsoftheCityshallbetheminimumstandardsfortheDistrict’ssanitarysewersystem;andWHEREAS,theCityhasdeterminedthattheprovisionsoftheAgreementprovidetheCitywithsufficientauthoritytosatisfytheinter-jurisdictionalagreementrequirementsimposedbytheEPA;andWHEREAS,thepartiesdesiretofurtherclarifytheobligationsandresponsibilitiesoftheDistrictandtheCitywithrespecttotheenforcementoftheCity'sMunicipalCode,rulesandregulationswithintheserviceareaoftheDistrict;andWHEREAS,theEPAde?nes“IndustrialUser"as“asourceofnondomesticwaste”and“anynondomesticsourcedischargingpollutantstoaPubliclyOwnedTreatmentWor”.EPAde?nesNondomesticUseras“anypersonorentitythatdischargeswastewaterfromanyfacilityotherthanaresidentialunit”.[O0573250DOCX'llPage 143 of 353 NOWTHEREFORE,inconsiderationofthemutualpromisesandcovenantshcreina?ercontained,thepartiesagreeasfollows:I.2.Therecitalsaboveareincorporatedhereinbythisreference.TheCityandDistrictmutuallyagreetocomplyfullywithallapplicablefederal,stateandlocallaws,rulesandregulations,includingbutnotlimitedto40CFRPart403promulgatedbytheEPA,ColoradoRegulations5CCR1002-63promulgatedbytheColoradoWaterQualityCommissionpursuanttoColoradoRevisedStatute22-8-508,andTitle12,Chapter2,Section5oftheEnglewoodMunicipalCode,andTitle7,Chapter5,Section25oftheCityofLitIletonMunicipalCode,aseachisamendedfromtimetotime,andallwastewatercontributionrequirementsadoptedbytheCityinaccordancewiththeAgreement.Theparties,fromtimetotime,shallreviewandrevisethisAddendum,ifnecessary,toensurecompliancewith42U.S.C.§125]et.seq.,oftheFederalCleanWaterAct,thefederalrulesandregulationsfoundat40CFRPan403issuedthereunder,andtheCityMunicipalCode.I.CityResponsibilitiesTheCityshallberesponsibleforandshallacceptthefollowingdutiesandperfonnthefollowingactionsinrelationtoallcun-entandfutureIndustrialUsersand/orNondomesticUserslocatedwithintheDistrict,andtheDistrictagreestocooperatetotheextentnecessaryfortheCitytosuccessfullycarryoutitsresponsibilities:A.TheCity,onbehalfofandasanagentfortheDistrict,shallperfonntechnicalandadministrativedutiesnecessarytoassisttheDistrictwiththeimplementationandenforcementoftheDistrict'srulesandregulationsregardingIndustrialUsersand/orNondomesticUsers.Withoutlimitingthegeneralityoftheforegoing,theCityagreesthatitshall:(i)UpdatetheCity’sindustrialwastesurvey;(ii)IssuepermitstoallIndustrialUsersand/orNondomesticUserswithintheDistrictrequiredtoobtainapennit;(iii)Havetherighttoconductinspections,sampling,andanalysis;(iv)TakeallappropriateenforcementactionsasoutlinedintheCity’senforcementresponseplanandconsistentwiththisAddendum;(v)ProvidenoticetotheDistrictofenforcementactionstakenbytheCityagainstanyIndustrialUserand/orNondomesticUserslocatedwithintheDistrictboundaries;(vi)Perfomranyothertechnicaloradministrativedutiesthepartiesdeemappropriate;(vii)UponreasonablenoticetotheCity,providetheDistrictaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserslocatedwithintheDistn'ct’sservicearea.tonmzsunocxx)2Page 144 of 353 (viii)TheCitywillmakeareasonableefforttonotifytheDistrictinadvanceofanypublichearingtochangemunicipalcodeprovisionsreferencedinthisAddendum,andmakeareasonableefforttoprovideanopportunityfortheDistricttocommentonproposedchanges.Inaddition,theCitymay,asappropriate,andasanagentoftheDistrict,takeemergencyactiontostoporpreventthedischargefromIndustrialUsersorNondomesticUsersofanywastewaterwhichpresentsormaypresentanimminentdangertothehealth,safetyandwelfareofhumansorwhichreasonablyappearstothreatentheenvironment,orwhichthreatenstocauseinterferencewith,orpassthroughtheWastewaterPlant,orcausesludgecontamination.IntheeventtheCitydeemssuchemergencyactionappropriateitshallprovidetheDistrictwithnoticethereofinadvance,ifpossible,butnolaterthan24-hoursa?ertheactionisinitiated.TheCity,onbehalfoftheDistrict,agreestoperformthefollowingactionsassetforthin40CFRPart403.8(t)andsummarizedasfollows:(i)Controlthroughpennit,orsimilarmeans,thecontributiontotheCitybyIndustrialUsersand/orNondomesticUsers;(ii)RequirecompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsersand/orNondomesticUsers;(iii)DenyorconditionneworincreasedcontributionsofpollutantsorchangesinthenatureofpollutantsbyIndustrialUsersand/orNondomesticUsers;(iv)RequirethedevelopmentofcomplianceschedulesbyeachIndustrialUsersandlorNondomesticUsersfortheinstallationoftechnologyrequiredtomeetapplicableIndustrialPretreatmentProgramstandardsandrequirements;(V)Requirethesubmissionofallnoticesandself-monitoringreportsfromIndustrialUsersand/orNondomesticUsersasarenecessarytoassessandassurecompliancebyIndustrialUsersand/orNondomesticUserswithIndustrialPretreatmentProgramstandardsandrequirements,including,butnotlimitedto,thereportsrequiredin40CFR402.12;(vi)Carryoutallinspection,surveillanceandmonitoringproceduresnecessarytodetennine,independentofinformationsuppliedbyIndustrialUsersand/orNondomesticUsers,complianceornoncompliancewithapplicableIndustrialPretreatmentProgramstandardsandrequirementsbyIndustrialUsers;(vii)EnterpremisesofanyIndustrialUserand/orNondomesticUserinwhichadischargesourceortreatmentsystemislocatedonwhichrecordsarerequiredtobekeptpursuantto40CPR403.l2(o)toassurecompliancewithIndustrialPretreatmentProgramstandardsandrequirements;(viii)EvaluatecompliancewiththeIndustrialPretreatmentProgramstandardsandrequirementsandobtainremedies,includingtheabilitytoseekinjunctivereliefandassesscivilorcriminalpenaltiesforeachviolation;(ix)Conformtocon?dentialityrequirementssetforthin40CFRPart403.14oftheIndustrialPretreatmentProgramstandardsandrequirements.mosrszsoDocx')3Page 145 of 353 IftheDistrictperfomtsitsownfats,oilsandgrease(“FOG”)programorpetroleum,oil,greaseandsand(“POGS”)programitshallnotifytheCityintheeventthattheDistrictdiscontinuesitsFOGorPOGS,program.Inwhichcase,theCityshallthenadministertheFOGandPOGSprograminadditiontoadministratingtheremainingsectorcontrolprogramsonbehalfofandasagentfortheDistrict.TheCityshallhavetherighttochargeareasonableinspectionfeetotheDistrictforanyinspectionrelatedtoIndustrialUsersand/orNondomesticUserswithintheDistrict'sservicearea.IntheeventthattheDistrictdoesnotperformFOGorPOGSprogramsthepartiesagreethattheCityshallperfonnandberesponsiblefortheadministrationoftheseprograms,aswellastheremainingSectorControlPrograms.TheCityshallhavetherighttochargeareasonableinspectionfeetoDistrictforanyinspectionrelatedtoIndustrialUsersorNondomesticUserswithintheDistrict.TheCityshallberesponsibleforadministratingtheremainingsectorcontrolprogramsintheDistrictnotwithstandingthattheDistrictperformsitsownFOGandPOGSprograms.11.DistrictResponsibilitiesTheDistrictisresponsiblefor,andshallaccept,thefollowingdutiesandperformthefollowingactionsforandinrelationtoallcurrentandfutureIndustrialUsersand/orNondomesticUserswithintheDistrict’sservicearea:A.Withinfour(4)monthsofthisaddendum,theDistrictshalladoptenforceablelocalseweruserulesandlorregulationswhicharenolessstringentandareasbroadinscopeastheIndustrialPretreatmentProgramsectionoftheWastewaterUtilityOrdinancefoundinTitle12,Chapter2,Section5,oftheCityofEnglewoodMunicipalCodeorfoundinTitle7,Chapter5,Section25oftheCityofLittletonMunicipalCode.TheCitywillprovidetotheDistrictwithmodelregulationsandanynecessaryrevisionstotheruleand/orregulationsfromtimetotime,andtheDistrictwilladopttherevisionstoitslocalseweruserulesand/orregulationsthatareatleastasstringentasthoseadoptedbytheCity.TheDistrictwillmaintaincurrentinformationonIndustrialUsersand/orNondomesticUserslocatedwithintheDistrict‘sservicearea,andprovideIndustrialUsers’infonnationtotheCityuponrequest.TheDistrictagreestoprovidetotheCityaccesstoallrecordsordocumentsrelevanttotheIndustrialPretreatmentProgramforanyIndustrialUserand/orNondomesticUserlocatedwithintheDistrict’sservicearea.TheDistrictshallenforcetheprovisionsofitslocalseweruseregulations.IntheeventtheDistrictfailstotakeadequateenforcementactionagainstnoncompliantIndustrialUsersand/orNondomesticUsersintheDistrictonatimelybasis,thewosmsooocx»)4Page 146 of 353 G.DistrictagreesthattheCitymaytakesuchactiononbehalfofandasanagentfortheDistrict,providedthattheCityprovidesnoticeofsuchactiontotheDistrict.TheDistrictshallprovidetheresourcesandcommittoimplementationandenforcementoftheIndustrialPretreatmentProgramstandardsandrequirementsfortheIndustrialUsersand/orNondomesticUsersintheDistrictwiththeCiry’soversightoftheprogram.IntheeventtheDistrictfailstoprovideresources,adequatelyimplementorenforcetheIndustrialPretreatmentProgram,theDistrictagreesthattheCitymaytakesuchactiononbehalfofandasanagentfortheDistrict,providedthattheCityprovidesnoticeofsuchactiontotheDistrict.TheDistrictagreesthatintheeventthattheCityisrequiredtotakeresponsibilityforinspectionsofIndustrialUsersand/orNondomesticUsersonbehalfoftheDistrict,duetoinaction,refusaltoinspect,orlackofpersonneltoinspect,bytheDistrict,theCitymaychargetheDistrictforthecostsofanysuchinspections.TheDistrictagreesthatiftheauthorityoftheCitytoactasagentfortheDistrictunderthisAddendumisquestionedbyanIndustrialUserand/orNondomesticUser,courtoflaw,orotherwise,theDistrictwilltakeactiontoensuretheimplementationandenforcementofitslocalseweruseregulationsagainstanyIndustrialUsersandNondomesticUsers,withintheDistrictsservicearea,includingbutnotlimitedto,implementingandenforcingitslocalsewerregulationsonitsownbehalfand/oramendingthisAddendumtoclarifytheCity’sauthority.TheDistrictISNOTresponsiblefortheadministeringtheFOGandPOGSprograms,includingconductingallinspectionsrequiredbytheseprograms.IfanytemofthisAddendumisheldtobeinvalidinanyjudicialaction,theremainingtennswillbeunatfected.REMATNDEROFPAGEINTENTIONALLYBLANK100573250oocxe:5Page 147 of 353 CITYOFENGLEWOODMayorAtteslSheridanSanitationDistrictNo.l'.arlinez,PresidentStateofColorado))55.CountyofArapahoe)TheforgoinginstrumentwasacknowledgedbeforemethisH1dayofSCcwi{~,5crvn¢r-‘cu..:?;i\I/,2oI7,at/u'+He-h_n,__,Co1orado,by_—f-iiverzsa.l*’i0.r'i-int‘-Wimessmyhandandofficialseal.MyCommissionexpires:VICTORDANIELBACA,JR.NOTARYPUBLICSTATEOFCOLORADONOTARYID20154009041MVCOMMISSIONEXPIRESMARCH4.2019<o0s732so.DoCx‘16Page 148 of 353 4/19/2012RavisionWASTEWATERCONN'ECI'0R’SAGForDistrict:.nndcnnd:nteredinlothis“‘daofZ?litobcc?nctivensofzo?bynndOFIEIGLEWOOD,COLORADO,'corporation,haminn?crIlfIS“City,”uctingbynndthroughitsdulyelected.quali?uiandnuthorizcdMayorIndandsubdivisionofthesureofCoins-ado,hereina?uulied“Di;tn'nt."actingbyIndthoughinmthoz-indRzpreamtntive.WTTNESSEIHWHELEAS,tbeCityown:nndopenInsuewage:ysan,includingnswIgenuuncntplnntwhichisjainllyownedandupratedwithmaCityofLitdetnn,soaittntedphydca?yastob:nhletoteeeivennduunhesnmgakomndn?pnntcdnus:-vedhythaDis1:i/:undgatha'edbythisDistrict’:sanitary-uewngesyatnn;IndW1-IEli.FAS,iIisthedsireoflh:Dish'i¢ttautiiiz=thafIcililinanwnadhythccityfunlleuulmentoflewagundthnCityiswiliingtns:-vathzDixn-iotfnrn'unua:tofsewngeundu-nzminoonditinns;NOW.TIDHIE-‘ORE,INCONSIDERATIONat‘thepromise:andforaillurgoodandvnluablunonsidu-arionhnaina?arsetfonh,ilismntualiyngrwdbythcpnrtiesufallowsz1.Thecityhuehyngreuun?uthgnnndi?onshadnn?usctfnrthnamanhaaemgenriginating?-mnl.heDistn'ct’:slnitnrysewarsyslanwidiinthuruxa-vedhythgDisniauappmvedhythncitymdmindicatedinthgdcscdp?onattachedharaa,inmrpnntedha'einandmarkedax“ExhihitA."Th:Di:n1ctxpeci?cai1yIgreeatopruvunaewage£mmmyuanthn-thnthatdsu'ibedha:im?wmbeingdisdu:gdintolhnDi:nict‘5smimrysewn3ely!t=neonnectedtothncity?mmkiinenn?topraventcomaectionalothnystfromorinnnyneaothu-thanthnsednsu-ihedhmdn.1Intheopm?nnnfthaDiln-int‘:nnnitarysewersyxtem,Ll::Distri::tngxecsthatallnppliubieCodepmvisiansIndrulesandreguintiansat’theCity,includingunmdmeut:thunndu?nzthemmnfthecmwacgshn?hetheminhnnmmndudsfarthebkhicfssystem.TheDistrict?mheugnestnabid:hyallapplicablesilt:andfedemllaws,mica,regulation.ntpeunits.includingthoseoftheEnvironmentalProtectionAgency(IhcEPA)asthzyheounua?ectiveorimplementedorupnnnoticefmmtlucity.Th:Di.m'iI:!shallinformallmen,uontnclnnnndsuhcnnn-marsofuuchstandards.micsandngtdn?onsuponinquiry?ommchpawngandsha?mt?zmishmyinfnma?onim:nnsisIa:nhct:w-ith.inthiucgani,itshallhathem-pnnsibilitynfthcDisu-ictInubtnintheIpplicahlemquimnenu?mnth:nppmpristegoverningbody.Th:CityshallPage 149 of 353 attempttomaintainandprovideinformationonallrequirementstotheDish-id;haweva,lb:CitydoesnotgunnntzetheaocnncyarcompldazcsaofgovernntantregulationsotluxthantheCity‘:ownregulations.Regardingthepmvisinnofsewerservice,tbeCity‘sshallbefo1lnwedl7ytheDisn-ictanditwsets.Alia:w:rplana,:peci?cat:ionsam:lm:thndsofwarl<withlnth:Diah-ictahalibesulrmittedtolhacityinw??ngmdnppxuvedbythaCltyprlnrtoanynonsnuctionorlaylnth:Disn-int‘:designatedarea.Nopermitshallbe?nnlmdnasn-vineaha?bepmvidedlopmpettytm?lconsnnn?anlaapprnved?nwritingbylhecity.TheDi:nictsha1.lhcrasponsiblcfortheprnpamaintnnanceofiuauwnsyatanandshnllrectifyanypmhlmuatconditionswhichhaveheendeta-rnlnerlhyt.heDi2t:l:turlheCitytoheden-inn.-ntaltothcCity’anmnnentprncmnystun.?xauldthr.-CitydetznninethatInydlachnrgeanusthnsewuayslwnttnryInIppliuhl:lawn.oni.inances,natntzs,n:i:s.ragulationaorpn-n:ils,theDimintngreutopmoeedatonceloukawhatzvalawfulmelnsmayhennomsarytorectifynnystdiptohlanarcondition.Thacityahallhnveliner-ighttoaliocateamricetrndzrthiaountrant.Indthecitymaydu:yaddi?nnalsn'vineformyudEty-relatedrusonmminmevaitw?lthecitytan?nataorm?nemymvioewilhnmume.1hcCitysha?havetha?ghtmdhwmeaservicemanyareaannzxedtotlusbianictwhenunchannentalinntalrnplan:withoutpriormittenCityayprnvni.Withinom.-yearofthls-greanmt.theDisn-ictshallpmvidntheCitywithanestimaleofthemnnh:-afeqnivnlentservinetapanaededforthencxt?ve(5)yuus:nxln'un-rentzaningandpIannedbu?daI|tin!h:Dim-ict'urnuahownonExhlhitA.Th:Diat:-ictsha?con?nuzmmonimrmningnlnngau?thhiunatoes?mtnitsupreqi?mnmuandprwldeth:CitywithnntineofIapreqnir=mrmtfvrth:natt?vc(5)yenrpa-indwhichtimnhallhegivmtnt.h:Cityonu:hannivasarydateofthisAgt-eananinufornuatisfnctoxylnthecity.TheCitymayimposemdcollectreasonablefees,tollsandchargs,whid:ahallheIlnifnrmutoallontsida-Cityusasfarther:-viceaprovidedhythecitynndathiaCnnnectarkAgrennmt.1'hcCityahallhil1theDi.nri:luuradire¢tlyforallnpplicab1eCltychargcsforservice:raiduerlunduthinAgreemznl.Shouldanyluernntpaythecity,thecityahallbilitheDirn-iatandthcDisu-ictshallpaythumnlmtduetncitywilhlnfurtyjva(45)daysafmchhilling.Theandmrgesaranahjecttnadjustmatthythncityfrnmtimalo?mnWhgnmchadjusnnmttothesenbargesaremade.thecityshallgivethebistxictforty-?ve(45)daysadvancew?umm?ce.IheCitymayhil1andnnllect“Di:nic¢Chargea“in1posadhytb:Diani:t:asanadditionalitantobehlliedcollectedbytheCityalongwithCity'sTrunnantheCitytolheDlan-icitnnnnally;lusanmmntequaltothecilynndbian-intnlmgeawhitzhrernaindelinquait.11:cDi:trintsha1lnnti.t'yth4eCityoi‘nnychangeslnth:Dist:-ictchargestabeirnposedIndlh:runit1an:es¢:h4:dulehei‘oreMayFnfuchyear.Page 150 of 353 12.SubjecttoIhetqmsafthcTaxpay:r'sEi1|ofkighta(TABOR),thuennofthisAgreanentisfnrnpcriodofthxec(3)yuxs?'umthcdatenf:xa:u?onandu|namIticnUyrmzwedt'orsix(?)mhsequmltlnee(3)yam-period:unlmeithu-pmygivaIminiIm:mofsix(6)manthswA-ittamotioe,dun-ingwhichtimuhanista-ictngreeathntnlle?luentpmduced?nmupswithinlhenisu-ictshnllnolbeinviula1ionofunyfedunLnnteox-Citylawa,xulcsurregu.Intians,ora.uyn1J:n’applicahlegavenimmlnlregulation:orthepa-nitsunderwhichIh:Cityopa-nuitsszwag:treatmentsystem.ThuCilynp'ea.duI-ingthetermhereof,tntreatsaida?luentandtomainninulequatcftcilitiafortreatingthnume.Th¢Dist1-ictngu-eesthntltwillmaintninatitaownuxpense,Illlinunawnwmedandopauledhythebisuicgitbdngspwi?u?ynyeedthnthecityassmnesmrHpom1hi?ty:hoMdmynfthoDimia'xlineabeeomedomed.dmnaged,ormquh:mainlennnne.111eDistri¢tahalLifi1dnazsnnc=:ary,untifyiIsuse:-:nftheDimict‘npmceduratnmnedyurvicadismptian.1hnCity?spmvidingan!y:ewIgeueannmt:etvicemd.pummmtha'etu;mypamiuincidgnnlto!hau|coftheCity'uewuge1imuhal1begnvernedon1ybyLhi:IndividualContractwiththcbhuictnldthgcilydoeanogbythiscanuact,o?erueannmtnervicccxneptinnriclnocordancewiththeta-mahueof.’l'hisConh1A:tdoesnutaEer,andshal1notbeconatnusduoh‘:-inn.savagetratmmtservinaloI.h:puh1icgm:-nllyurtoanynucrulsidgthulimitsoftheDish-int’::a'viccu-udesm“bedinExhibitA.ThisConn-antmynotbeassigned.soldortnnsfenedbytheDistrictwithouttheCity’:wzitlmCOIIIHILShouldmyfed=u1hw.Iule.pumitorxu5nlAtionor|hauldnduzreenrordu-afacaurtrmd:rvoidorunmfumeablennypmvisimof??|Conmct.inwhnlcorinpm1,theranlindalhnnranninin?nll?vmende?hcz.'l'heDis1:icts!ul.I:nforcethisand-anhnfitstunuandcanditionswithintheIreadaacn'hu:|in"ExhibItA."Thnnisuiclahallrg?taelnscrvulxscrarpoteu?alllser.disconnec¢th:setviccofmymu’pu::u1ntIoIppmpriAlelaw;artakeotherappmprint:antianintheevmto?a.Nonpavymentofmohus:ofanychargemad:byIh:Cityforservices;Ix.Anyvialn?nnnrnoneomplianeebysuchusa-withthetam:ufthisAgxeqnmt;c.Anyvinlntionorbysuchuerwiththcappliuhlalaws,rules,pcrmimatregulltiauafthecity,IhevnitedSlate:gavunment,includingtheEPA,thestat:offlalnndo,theDepmmmtofHealth.orothzlnw,rule.permitorContinuedhtuchofthisAgmummthylheDist:ictnndloritsuaezsahallhecansidcrednuusefnrlhecitytota-minnethhApeeum.Shonldth:D1's1:-ictfnillopxvnzpuyrectifyahreanhofanypruvisionaidan??edh:r:in,n?a'nnticethereof,?wCitymIyukesunhnepsmddnsnnhworkuitdeamneecsurytoenfnrcethisAgreanmt.including??gldonmdqned?m?ya?ghthinimc?nnmspcci?cpa-fomnnceuninnIh:DistriA:lornnyofitsus=:asisnncessarylopmtecttheCity'ssystunundopcntinns.Page 151 of 353 ThepreviilingpartyIhnllbeentitledtnexpensesandcostsofsuit,includinguttnmeyfeet.14.Shouldmnrethanonedistrictbeconnectedtoissewn‘line,alldistrictsanthenew:linewhoateinbmachofthisAgreemtshallhejoindyandacvernllylhhlefurenysudthxmnhnfthi:Agreementandeachsud:districtshallimmediately,a?ernotice.rectifyanyproblemorconditiondnrimmtalInthetreahnmtprunes:arisingwithinitslegalhuundni?.Whmmorethenonedistrictiscounectedtonscwerline.mdtheCitydiscoversmyviolationofthetermsofthisI:Dnnector'sugremmn;theCityshallnotberequiredtnpmvewhichdistrictisatfaultbutnhallmakeavailabletoallsucha?ecleddistrinsallinfarmationdevelopedorIccumulntedbytheCitypertniningtosuchbreach.NnthinguantainedhereinshallprecludeaclaimfurindnnnityUrcantributionbyanyDistxietagpinstanotherDistrictconnectedtnuoommansewerline.CRS-13~2l-111.5,asamendedshallgovernthepercentageofliahilltyofanydish-intonAcommnnsewerlineintheeventtheCityseekstoimpuscliehilitybaseduponuegljgutcenr?mlt.15.ThisContactshallnotbeusedasIlegaldefenseorpmhibitiontothennndatnryconsolidationof?sn-il.il:iesbyeithupartyasmayberequiredbythelawsoftheStateofColoradoofallmdstinglevrercollectionsystemsandfacilitiestaIgnvemmentalmtitycreatedtoassumerespmnibiljtyforsewerserviceintheerainwhichhaththeCityandStateareapmunderstatutoryoreonstihttianalnuthnrity.CITYOFENGLEWOOD,COLORADORandyP.MIYUYLoucrishiaA.Ellis,CityClerkPage 152 of 353 SHEUDANSANITATIONDISTRJCl'NO.1/!\\eenF,mmpmChairmanSTATEOFCOLORADO1)sa.COUNTYOFOIL)Theforegoinin3trum_:ntwAsacknowledgedbefur:methisdayaf20_)3_,byQ3ggn1‘Hbgpg:.Witnessmybandanda?cialseal.MyCommilsionaxpircaz‘E"201.omwpuaucNOTARYWC,rmunnn.p....Page 153 of 353 SheridanSanitationDistrict#1an-Iauawunuunilau-no'-—L-'_:I.-_.—1lf0SW‘I009__.-__._'/Page 154 of 353 SHERIDANSANITATIONDISTRICTNo.13157southHoakurStrutBnglawood(Sheridan)00OM10-3226SHBHIDAIQSANITATIONDISTRICT)la.1‘daanx-lhndlandssituate.lyingandhungintheCountyofArapahue.ShhofColnradu,toHit:ALLOFBIDCK7‘late1thru25,BLOEK5,lot:1thru22,BID¢K9.lot:7thru22,BLOCK10.lots1thru2:,BLOCK11,lot:1thru25,SIIERIDAIIHILISSECONDADDITION;Lac:1ehru33,aaonndraaub?ivlalunorBLOCKS12,13,II,andI5.SHBIIIDAIIHILLSSECONDADDITION.'AllorSouthPark,lhbilelionPark,includedParcels.016.015.Bill,013,011',‘ooh.Bonsai_Nur-naryPu-calD05,EarouéalCo.,ADxacmmtstorage,Panel01.-1+--‘-~~+‘'*~'=F-'WI.*—"’**f'_“T1'|:.7_I'~E‘;IT}g5;MA:3".+."-2-:IJ-1II!IIL_.+_.z__:_—|DENVERsunll‘!]usurp«~10-'96|...—1....-.|——..|....[_..-.4._.|.....1....g...-|....‘|.n.»|....|-....|.....-q.—.—.g¢...|...-.}aPage 155 of 353 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER,CO 80202-1129 Phone 800-227-3917 http:llwww.epa.gov/region08 Ref:SWP-CWW Jun 11 mt? CERTIFIED MAIL RETURN RECEIPT REQUESTED John Kuosmau Plant Director Littletcn-Englewood Wastewater Treatment Plant 2900 South Platte River Drivc Englewood,CO 80110 Rc:Program Modi?cation Approval,National Pollutant Discharge Elimination System (NPDES) Number:CO-0032999 Dear Mr.Kuosman: The Environmental Protection Agency public noticed your request for a substantial modi?cation of the Littleton-Englewood Wastewater Treatment Plant’s (LEWWTP)Pretreatment program on May S,2017, as required by 40 CFR Section 403.18.Our records indicate that no substantive comments were received and that the modi?cations,as public noticed,have remained unchanged.Therefore,pursuant to 40 CFR Section 403.18(c),the modi?cations public noticed by the EPA are approved.The revised pretreatment program shall be an enforceable condition of your NPDES permit as of the date of this approval letter (see 40 CFR Seclion 122.63(g)).The LEWWTP should evaluate and update its procedures or permits to ensure these adequately implement the program modi?cation,as required in 40 CFR 403.8(t)(2). If you have any questions,please contact Al Garcia,EPA Region 8 Pretreatment Coordinator,at (303) 312-6382 or garcia.aI@epa.gov. Sincerely, Colleen R.L.Rathbone Unit Manager,Wastewater Unit cc:Lisa Knerr,Colorado Department of Public Health and Environment Jon Bridges,LEWWTP Page 156 of 353 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INDUSTRIAL PRETREATMENT DIVISION MEMORANDUM TO: Englewood Water & Sewer Board / Englewood City Council FROM: Tim Grossbach, WWTP Industrial Pretreatment Specialist DATE August 8, 2017 SUBJECT: WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR SHERIDAN SANITATION DISTRICT NO. 1 ______________________________________________________________________________ The Wastewater Connector’s Agreement Addendum was developed to establish delegation for implementation of the Pretreatment Regulations in each sanitation district discharging to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP), in both Englewood and Littleton. The requirement for this delegation came from Environmental Protection Agency (EPA) following an audit of the L/E WWTP Industrial Pretreatment Program in February of 2014. One of the outcomes of the audit was the following: Audit Finding #1: “The Littleton Englewood Wastewater Treatment Plant does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the intergovernmental agreements do not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood.” Corrective Action Item “Update the intergovernmental agreements established between the cities of Littleton and Englewood and their respective contracted outside contributing jurisdictions to establish delegation for implementation of the Pretreatment Regulations.” In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific addendum to the wastewater connector’s agreements currently in place between individual sanitation districts and the Cities. In this manner, EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts. Page 157 of 353 ENGLEWOOD WATER AND SEWER BOARD MINUTES AUGUST 8, 2017 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. Members present: Wiggins, Yates, Roth, Johnson, Mullen Members absent: Moore, Gillit, Yates, Jefferson, Mercier 2. TELE‐WORKS The Tele‐Works system is used when customers pay their bills using a credit or debit card on‐ line or using Englewood’s automated telephone system. The invoice is for the license fee for using their software to interact with the Englewood’s CIS Infinity billing system. 27% of Englewood’s water, sewer and storm water bills are paid through Tele‐Works. This percentage is increasing as more customers engage in electronic bill pay. Tele‐Works is a budgeted item, divided between the water, sewer and storm water funds. The $57,401.00 is an annual subscription fee for the period of April 1, 2017 through March 31, 2018. This is an information‐only item. 3. MEMO DATED AUGUST 8, 2017 – REVISED WASTEWATER CONNECTOR’S AGREEMENT ADDENDUMS FOR SOUTH ARAPAHOE, SOUTHGATE, CITY OF SHERIDAN AND CHERRY HILLS VILLAGE SANITATION DISTRCTS. Addendums were presented to Council for Cherry Hills Village Sanitation District, City of Sheridan, South Arapahoe Sanitation District and Southgate Sanitation Districts and were Page 158 of 353 approved and signed by the districts immediately upon distribution in early 2016. Subsequently, other districts provided comments to the agreement language and these comments were incorporated into the all the agreements. The addendums for Cherry Hills Village, City of Sheridan, South Arapahoe and Southgate Sanitation Districts were revised and presented to the Englewood Water and Sewer Board on May 9, 2017. Subsequently, while drafting the ordinances for presentation to City Council, the City Attorney’s office noted that the revised addendums required additional introductory agreement language. The new revised addendums were presented for approval at this meeting. The additional language was reviewed and approved by the L/E WWTP Attorney, Hill & Robbins. 4. SOUTH ARAPAHOE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for South Arapahoe Sanitation District. Motion: To recommend Council approval of the South Arapahoe Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 5. SOUTHGATE SANITAITON DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Southgate Sanitation District. Motion: To recommend Council approval of the Southgate Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 159 of 353 6. CITY OF SHERIDAN REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for City of Sheridan. Motion: To recommend Council approval of the City of Sheridan Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 7. CHERRY HILLS VILLAGE SANITATION DISTRICT REVISED ADDENDUM TO WASTEWATER CONNECTOR’S AGREEMENT. The Board received the Revised Addendum to Wastewater Connector’s Agreement for Cherry Hills Village Sanitation District. Motion: To recommend Council approval of the Cherry Hills Village Sanitation District Revised Addendum to Wastewater Connector’s Agreement. Moved: Johnson Seconded: Habenicht Motion approved unanimously. 8. SHERIDAN SANITAITON DISTRICT NO. 1 WASTEWATER CONNECTOR’S AGREEMENT ADDENDUM FOR SHERIDAN SANITATION DISTRICT NO. 1. The Board received the Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1 Sanitation District. Motion: To recommend Council approval of the Sheridan Sanitation District No. 1 Wastewater Connector’s Agreement Addendum for Sheridan Sanitation District No. 1. Moved: Johnson Seconded: Habenicht Motion approved unanimously. Page 160 of 353 9. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (LE WWTP) BIOGAS USE APPLICATIONS. Chong Woo, Capital Projects Manager, of the LE WWTP appeared before the Board to present the Biogas project proposal. Biogas is a renewable energy product. Biogas use options included conversion of digester gas for onsite electrical power generation, conversion of digester gas to compressed natural gas for vehicle fuel and conversion of the gas to pipeline quality natural gas and injecting into an Xcell utility service line. Pipeline Injection is the recommended project. Initial capital cost is $8.0M with projected payback in 4 years. Pipeline injection sites already exist at the Point Loma WWTP in San Diego, California and the Clean Water Services facility in Oregon. Sites are under construction in South Bend, Indiana, Des Moines, Iowa and Raleigh, North Dakota. Kaitlin Mercier and Joe Jefferson entered at 5:10 The Biogas proposal will go to Littleton/Englewood Joint Council in August and Englewood City Council in September, 2017. Construction is expected to begin in 2018, with a revenue stream beginning in 2019. Mayor Joe Jefferson noted that this project is economically and ecologically beneficial while using renewable fuels. This is an informational item. 10. STORM SEWER COLLAPSE. Tom Brennan, Director of Utilities discussed the most recent storm sewer collapse at Oxford Station at Windermere and W. Oxford Ave. A 78” corrugated storm sewer pipe was pressurized during a storm and as a result, a 15’ section of pipe opened, settled and partially collapsed. 250’ of corrugated pipe was replaced in the same area in 2012. American Civil Constructors, an Englewood company, is in charge of construction with Hayward Baker doing stabilization. The project is expected to be completed in 3 weeks. Tom noted that since the stormwater system is at a point that problems are developing, he is going to evaluate the system and prioritize stormwater projects. Page 161 of 353 11. DIVERSION PROJECT. Tom reviewed the progress of the Big Dry Creek Diversion Project. 400’ of fusion weld pipe has been already installed. The project will be reduce water treatment costs by improving water hardness and reducing radioactive materials in the source water. The meeting adjourned at 5:46 p.m. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Page 162 of 353 ELECTRONIC VOTE AUGUST 15, 2017 FOR MINUTES OF THE AUGUST 8, 2017 WATER BOARD MEETING The Englewood Water and Sewer Board were contacted for an e‐mail vote of the August 8, 2017 meeting minutes. 1. MINUTES OF THE AUGUST 8, 2017 WATER & SEWER BOARD MEETING. The Board reviewed the Minutes of the August 8, 2017 Water and Sewer Board meeting. Motion: To approve the Minutes of the August 8, 2017 Water and Sewer Board meeting. Moved: Johnson Seconded: Habenicht Ayes: Mercier, Wiggins, Johnson, Habenicht, Roth, Mullen, Jefferson Nays: None Abstain: Moore, Gillit, Yates Motion passed. The next Water and Sewer Board meeting will be Tuesday, September 12, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Page 163 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: October 2, 2017 SUBJECT: 2018 City of Englwood Budget Ordinances - 1st Reading DESCRIPTION: 2018 City of Englwood Budget Ordinances - 1st Reading RECOMMENDATION: Staff recommends Council approve the proposed bill for an ordinance adopting the 2018 Budget. PREVIOUS COUNCIL ACTION: The 2018 initial budget projections were discussed with City Council on April 10, 2017, and each department presented their budget and policy issues to Council in meetings from April through July. The proposed 2018 Budget updates were provided on August 7, August 14 and August 22, 2017. The 2018 Proposed Budget for the City of Englewood, the 2018 Proposed Budget for the Littleton/Englewood Wastewater Treatment Plant and the 2018 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 6, 2017 and printed copies were available on September 7, 2017. A public hearing to gather citizen input regarding the 2018 Proposed Budget was held on September 18, 2017. As part of this hearing, the Budget Advisory Committee provided Council with their Annual Report regarding their findings and recommendations. SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2018 Budget was developed over the past five months with significant collaboration between Englewood residents, the City Council, and City staff. This year's thorough budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorate our existing city infrastructure. The 2018 Budget also moves forward our community's vision for a new safety services building. Page 164 of 353 Despite our fiscal challenges, this budget maintains our commitments through 2018. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2018 Budget is a structurally balanced budget, as required by City Charter and Resolution No. 51, Series of 2016. This means that across all funds, the City's revenues meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balance for 2018 is $13,507,214. The estimated ending Proprietary Fund Balance for 2018 is $33,142,285. The difference between the Sources and Uses ($32,203,741) is due primarily to the Englewood Police Headquarters building expenditures in 2018 ($24,007,003 - net of investment income), as the bond proceeds were received in 2017, and investment in the Wastewater Treatment Plant's Biogas project (Sewer Fund; $4,793,402). The remaining $3,403,336 difference is across various funds and due to re-appropriation of expenditures that not spent in the prior year, or due to timing to build reserves to a level to be able to afford to do a larger project. Fund detail is reflected in the chart in the Financial Implications section below: FINANCIAL IMPLICATIONS: Page 165 of 353 Page 166 of 353 ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year, CONCLUSION: Staff supports this 2018 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill 53 Page 167 of 353 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 53 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2018. WHEREAS, pursuant to the provisions of Part I, Article X, § 82 of the Charter of the City of Englewood, Colorado, a budget for fiscal year 2018 was duly submitted by the City Manager to the City Council on September 11, 2017; WHEREAS, a public hearing on said budget was held by the City Council on September 18, 2017, in conformance with Part I, Article X, § 87 of the Charter of the City of Englewood, Colorado; WHEREAS, Regular notice of the time and place of said hearing was published in conformance with Part I, Article X, § 87 of the Charter of the City of Englewood, Colorado, such publication being in the Englewood Herald on August 31, 2017, September 7, 2017, and September 14, 2017, and on the Official City of Englewood, Colorado website from August 22, 2017 through September 18, 2017; and WHEREAS, the City Council of the City of Englewood has studied and/or discussed the budget at numerous public meetings during 2017, including July 10th, August 7th, August 14th, August 22nd, and September 18th. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2018, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, in conformance with Part I, Article X, § 88 of the Charter of the City of Englewood, Colorado, is adopted as the budget for the City of Englewood for the fiscal year 2018, in conformance with Part I, Article X, § 90 of the Charter of the City of Englewood, Colorado. [remainder of page intentionally blank] Page 168 of 353 2 Section 2. GENERAL FUND 2018 BUDGET Total Fund Balance, January 1, 2018 11,190,855$ REVENUES Sales/Use Tax 27,922,380$ Property and Specific Ownership Tax 4,327,000$ Franchise/Occupation/Cigarette Tax/Hotel 3,486,000$ License/Permits 1,375,804$ Intergovernmental Revenue 1,326,671$ Charges for Services 2,939,487$ Cultural & Recreation 2,844,600$ Fines & Forfeitures 891,450$ Interest 49,946$ Contribution from Component Units 1,548,000$ Other 597,476$ Total Revenues 47,308,814$ Other Financing Sources 120,272$ Total Sources of Funds 47,429,086$ EXPENDITURES Legislation 330,002$ City Manager's Office 7,133,210$ City Attorney’s Office 848,822$ Municipal Court 1,106,719$ Human Resources 771,274$ Finance and Administrative Services 1,494,052$ Information Technology 2,717,469$ Community Development 2,644,501$ Public Works 6,334,875$ Police Services 14,083,629$ Parks, Recreation and Library Services 7,609,755$ Communications 434,015$ Contingencies 228,300$ Debt Service 1,565,297$ Total Expenditures 47,301,920$ Other Financing Uses 500,000$ Total Uses of Funds 47,801,920$ Total Fund Balance, December 31, 2018 10,818,021$ Page 169 of 353 3 Section 3. SPECIAL REVENUE FUNDS Conservation Trust Fund Fund Balance, January 1, 2018 114,413$ Revenues 310,000$ Expenditures 310,000$ Fund Balance, December 31, 2018 114,413$ Donors Fund Fund Balance, January 1, 2018 604,009$ Revenues 107,560$ Expenditures 490,060$ Fund Balance, December 31, 2018 221,509$ Parks and Recreation Trust Fund Fund Balance, January 1, 2018 368,858$ Revenues 6,500$ Expenditures 300,000$ Fund Balance, December 31, 2018 75,358$ Malley Center Trust Fund Fund Balance, January 1, 2018 221,247$ Revenues 7,000$ Expenditures 100,000$ Fund Balance, December 31, 2018 128,247$ Open Space Fund Fund Balance, January 1, 2018 205,409$ Revenues 805,000$ Expenditures 615,000$ Fund Balance, December 31, 2018 395,409$ [remainder of page intentionally blank] Page 170 of 353 4 Section 4. DEBT SERVICE FUNDS General Obligation Bond Fund- Recreation Fund Balance, January 1, 2018 54,990$ Revenues 1,102,000$ Expenditures 1,105,688$ Fund Balance, December 31, 2018 51,302$ General Obligation Bond Fund-Police Headquarters Fund Balance, January 1, 2018 979,343$ Revenues 2,199,250$ Expenditures 2,215,813$ Fund Balance, December 31, 2018 962,780$ [remainder of page intentionally blank] Page 171 of 353 5 Section 5. CAPITAL PROJECT FUNDS Public Improvement Fund Fund Balance, January 1, 2018 902,861$ Revenues 3,390,000$ Expenditures 2,638,028$ Transfer In 500,000$ Transfer Out 1,787,324$ Fund Balance, December 31, 2018 367,509$ Capital Projects Fund Fund Balance, January 1, 2018 58,432$ Revenues 50,000$ Expenditures 1,965,833$ Transfer In 2,167,052$ Fund Balance, December 31, 2018 309,651$ Police Headquarters Construction Fund Fund Balance, January 1, 2018 24,070,017$ Revenues and Transfers In 150,000$ Expenditures 24,157,003$ Fund Balance, December 31, 2018 63,014$ [remainder of page intentionally blank] Page 172 of 353 6 Section 6. ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2018 11,801,963$ Revenues 8,790,323$ Expenditures 10,484,540$ Fund Balance, December 31, 2018 10,107,746$ Sewer Fund Fund Balance, January 1, 2018 6,382,232$ Revenues 16,249,395$ Expenditures 21,042,797$ Fund Balance, December 31, 2018 1,588,830$ Storm Drainage Fund Fund Balance, January 1, 2018 1,204,709$ Revenues 332,514$ Expenditures 479,012$ Fund Balance, December 31, 2018 1,058,211$ Golf Course Fund Fund Balance, January 1, 2018 691,841$ Revenues 2,266,300$ Expenditures 2,249,341$ Fund Balance, December 31, 2018 708,800$ Concrete Utility Fund Fund Balance, January 1, 2018 895,062$ Revenues 884,200$ Expenditures 898,565$ Fund Balance, December 31, 2018 880,697$ Housing Rehabilitation Fund Fund Balance, January 1, 2018 1,470,368$ Revenues 445,326$ Expenditures 568,505$ Transfer Out 500,000$ Fund Balance, December 31, 2018 847,189$ Page 173 of 353 7 Section 7. INTERNAL SERVICE FUNDS Central Services Fund Fund Balance, January 1, 2018 92,392$ Revenues 306,815$ Expenditures 275,983$ Fund Balance, December 31, 2018 123,224$ Servicenter Fund Fund Balance, January 1, 2018 775,901$ Revenues 2,234,958$ Expenditures 2,219,813$ Fund Balance, December 31, 2018 791,046$ Capital Equipment Replacement Fund Fund Balance, January 1, 2018 2,260,932$ Revenues 1,005,483$ Expenditures 1,393,857$ Fund Balance, December 31, 2018 1,872,558$ Risk Management Fund Fund Balance, January 1, 2018 484,291$ Revenues 1,401,443$ Expenditures 1,415,694$ Fund Balance, December 31, 2018 470,040$ Employee Benefits Fund Fund Balance, January 1, 2018 562,057$ Revenues 6,397,725$ Expenditures 5,773,051$ Fund Balance, December 31, 2018 1,186,731$ Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager all in conformance with Part I, Article X, § 86 of the Charter of the City of Englewood, Colorado,. Introduced, read in full, and passed on first reading on the 2nd day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of October, 2017 for thirty (30) days. Page 174 of 353 8 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 175 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: October 2, 2017 SUBJECT: 2018 City of Englewood Budget Appropriations - 1st Reading DESCRIPTION: 2018 City of Englewood Budget Appropriations - 1st Reading RECOMMENDATION: Staff recommends Council approve the proposed bill for an ordinance appropriating funds for 2018. PREVIOUS COUNCIL ACTION: The 2018 initial budget projections were discussed with City Council on April 10, 2017, and each department presented their budget and policy issues to Council in meetings from April through July. The proposed 2018 Budget updates were provided on August 7, August 14 and August 22, 2017. The 2018 Proposed Budget for the City of Englewood, the 2018 Proposed Budget for the Littleton/Englewood Wastewater Treatment Plant and the 2018 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 6, 2017 and printed copies were available on September 7, 2017. A public hearing to gather citizen input regarding the 2018 Proposed Budget was held on September 18, 2017. As part of this hearing, the Budget Advisory Committee provided Council with their Annual Report regarding their findings and recommendations. SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. The City of Englewood 2018 Budget was developed over the past five months with significant collaboration between Englewood residents, the City Council, and City staff. This year's thorough budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorate our existing city infrastructure. The 2018 Budget also moves forward our community's vision for a new safety services building. Page 176 of 353 Despite our fiscal challenges, this budget maintains our commitments through 2018. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2018 Budget is a structurally balanced budget, as required by City Charter. This means that across all funds, the City's revenues meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balance for 2018 is $13,507,214. The estimated ending Proprietary Fund Balance for 2018 is $33,142,285. The difference between the Sources and Uses ($32,203,741) is due primarily to the Englewood Police Headquarters building expenditures in 2018 ($24,007,003 - net of investment income), as the bond proceeds were received in 2017, and investment in the Wastewater Treatment Plant's Biogas project (Sewer Fund; $4,793,402). The remaining $3,403,336 difference is across various funds and due to re-appropriation of expenditures that not spent in the prior year, or due to timing to build reserves to a level to be able to afford to do a larger project. Fund detail is reflected in the chart in the Financial Implications section below: FINANCIAL IMPLICATIONS: Page 177 of 353 Page 178 of 353 ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year, CONCLUSION: Staff supports this 2018 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill 52 Page 179 of 353 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 52 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2018, AND ENDING DECEMBER 31, 2018, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2018. WHEREAS, a public hearing on said budget was held by the City Council on September 18, 2017, in conformance with Part I, Article X, § 87 of the Charter of the City of Englewood, Colorado; WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at budget workshops held on August 7, 14 and August 22; and WHEREAS, Part I, Article X, § 90 of the Charter of the City of Englewood, Colorado requires the City Council to adopt a bill for the annual Appropriations by ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Pursuant to, and in conformance with, Part I, Article X, §§ 90, 92, 93, and 94 of the Charter of the City of Englewood, Colorado, the several sums of money hereinafter specified are hereby appropriated out of the revenue of the City of Englewood, Colorado, for the year 2018, and out of the respective fund balances, to the several purposes herein named to meet the expenses of the City of Englewood for the year 2018, specifically as follows: [remainder of page intentionally blank] Page 180 of 353 2 GENERAL FUND Legislation 330,002$ City Manager's Office 7,133,210$ City Attorney's Office 848,822$ Municipal Court 1,106,719$ Human Resources 771,274$ Finance and Administrative Services 1,494,052$ Information Technology 2,717,469$ Community Development 2,644,501$ Public Works 6,334,875$ Police 14,083,629$ Parks, Recreation and Library Services 7,609,755$ Communications 434,015$ Contingencies 228,300$ Debt Service – Civic Center 1,445,025$ Debt Service – Other 120,272$ Other Financing Uses 500,000$ Total General Fund 47,801,920$ CONSERVATION TRUST FUND Total Conservation Trust Fund 310,000$ DONORS FUND Total Donors Fund 490,060$ PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund 300,000$ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund 100,000$ OPEN SPACE FUND Total Open Space Fund 615,000$ Page 181 of 353 3 GENERAL OBLIGATION BOND FUND-RECREATION Total General Obligation Bond Fund 1,105,688$ GENERAL OBLIGATION BOND FUND-POLICE HEADQUARTERS Total General Obligation Bond Fund 2,215,813$ PUBLIC IMPROVEMENT FUND Total Public Improvement Fund 4,425,352$ CAPITAL PROJECTS FUND Total Capital Projects Fund 1,965,833$ POLICE HEADQUARTERS CONSTRUCTION FUND Total Police Headquarters Construction Fund 24,157,003$ WATER FUND Total Water Fund 10,484,540$ SEWER FUND Total Sewer Fund 21,042,797$ STORM DRAINAGE FUND Total Storm Drainage Fund 479,012$ GOLF COURSE FUND Total Golf Course Fund 2,249,341$ CONCRETE UTILITY FUND Total Concrete Utility Fund 898,565$ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund 1,068,505$ Page 182 of 353 4 CENTRAL SERVICES FUND Total Central Services Fund $275,983 SERVICENTER FUND Total ServiCenter Fund $2,219,813 CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $1,393,857 RISK MANAGEMENT FUND Total Risk Management Fund $1,415,694 EMPLOYEE BENEFITS FUND Total Employee Benefits Fund $5,773,051 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth and included with the adopted budget for the fiscal year 2018. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2018, may be applied to any outstanding claims now due or to become due in the said fiscal year of 2018. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2018, may be so distributed among the respective funds herein as the City Council may authorize in accordance with applicable law. Section 5. During or at the close of the fiscal year of 2017, any surplus money in any of the respective funds, after all claims for 2017 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 2nd day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of October, 2017 for thirty (30) days. Page 183 of 353 5 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 184 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: October 2, 2017 SUBJECT: 2018 LEWWTP Budget Ordinances - 1st Reading DESCRIPTION: 2018 LEWWTP Budget Ordinances - 1st Reading RECOMMENDATION: Staff recommends Council approve the proposed bill for an ordinance adopting the Littleton/Englewood Wastewater Treatment Plant Budget for fiscal year 2018. PREVIOUS COUNCIL ACTION: The 2018 initial budget projections were discussed with City Council on April 10, 2017, and each department presented their budget and policy issues to Council in meetings from April through July. The proposed 2018 Budget updates were provided on August 7, August 14 and August 22, 2017. The 2018 Proposed Budget for the City of Englewood, the 2018 Proposed Budget for the Littleton/Englewood Wastewater Treatment Plant and the 2018 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 6, 2017 and printed copies were available on September 7, 2017. A public hearing to gather citizen input regarding the 2018 Proposed Budget was held on September 18, 2017. As part of this hearing, the Budget Advisory Committee provided Council with their Annual Report regarding their findings and recommendations. SUMMARY: The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Wastewater Treatment Plant. Part of the duties of the City Council includes adopting bills for ordinances for the 2018 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. ANALYSIS: The 2018 Littleton/Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115,674, total sources of funds of $26,869,791 and total uses of funds of $26,869,791, leaving the ending funds balance at $115,674. The sources and uses of funds are complementary as all expenditures at the plant are shared and billed out on a cost Page 185 of 353 reimbursement basis to both the City of Littleton and the City of Englewood based on the Joint Use Agreement. FINANCIAL IMPLICATIONS: The proposed use of funds for 2018 of $26,869,791 are $7,714,549 greater than the approved 2017 budget of $19,155,242 primarily due to the installation of the Biogas reclamation project. ALTERNATIVES: Per the Englewood City Charter, Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year, CONCLUSION: Staff has provided a Wastewater Treatment budget that meets the needs of the two partnership cities, all State and Federal Standards and supports environmental responsibility. ATTACHMENTS: Council Bill 56 Page 186 of 353 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 56 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR FISCAL YEAR 2018. WHEREAS, Pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2018 was submitted to the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee at their regular meeting of August 17, 2017; WHEREAS, The aforedescribed budget was submitted to the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, on September 11, 2017; WHEREAS, A public hearing on said budget was held by the City Council on September 18, 2017; WHEREAS, Regular notice of the time and place of said hearing was published in the Englewood Herald on August 31, 2017, September 7, 2017, and September 14, 2017, and on the Official City of Englewood, Colorado website from August 22, 2017 through September 18, 2017; WHEREAS, The City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied and/or discussed the budget at numerous public meetings during 2017, including July 10th, August 7th, August 14th, August 22nd, and September 18th; and WHEREAS, It is the intent of the City Council to adopt the 2018 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the Littleton/Englewood Wastewater Treatment Plant for fiscal year 2018, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2018, as follows: Page 187 of 353 2 Littleton/Englewood Wastewater Treatment Plant Fund Balance – January 1, 2018 $ 115,674 Revenues $ 26,869,791 Expenditures $ 26,869,791 Fund Balance – December 31, 2018 $ 115,674 Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 2nd day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of October, 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 188 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: October 2, 2017 SUBJECT: 2018 LEWWTP Budget Appropriation - 1st Reading DESCRIPTION: 2018 LEWWTP Budget Appropriation - 1st Reading RECOMMENDATION: Staff recommends Council approve the proposed bill for an ordinance appropriating funds for the Littleton/Englewood Wastewater Treatment Plan for fiscal year 2018. PREVIOUS COUNCIL ACTION: The 2018 initial budget projections were discussed with City Council on April 10, 2017, and each department presented their budget and policy issues to Council in meetings from April through July. The proposed 2018 Budget updates were provided on August 7, August 14 and August 22, 2017. The 2018 Proposed Budget for the City of Englewood, the 2018 Proposed Budget for the Littleton/Englewood Wastewater Treatment Plant and the 2018 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 6, 2017 and printed copies were available on September 7, 2017. A public hearing to gather citizen input regarding the 2018 Proposed Budget was held on September 18, 2017. As part of this hearing, the Budget Advisory Committee provided Council with their Annual Report regarding their findings and recommendations. SUMMARY: The City Council of the City of Englewood acts as the administering authority for the Littleton/Englewood Wastewater Treatment Plant. Part of the duties of the Council include adopting bills for ordinance for the 2018 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the fiscal year. ANALYSIS: The 2018 Littleton/Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115,674, total sources of funds of $26,869,791 and total uses of funds of $26,869,791, leaving the ending funds balance at $115,674. The sources and uses of funds are complementary as all expenditures at the plant are shared and billed out on a cost Page 189 of 353 reimbursement basis to both the City of Littleton and the City of Englewood based on the joint venture agreement. The total appropriation (use of funds) for 2018 is $26,869,791. FINANCIAL IMPLICATIONS: The proposed use of funds for 2018 of $26,869,791 are $7,714,549 greater than the approved 2017 budget of $19,155,242 primarily due to the installation of the Biogas reclamation project. ALTERNATIVES: Per the Englewood City Charter, Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year, CONCLUSION: Staff supports and recommends Council approve this ordinance appropriating funds for the Littleton/Englewood Wastewater Treatment Plan for fiscal year 2018. ATTACHMENTS: Council Bill 54 Page 190 of 353 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 54 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2018, AND ENDING DECEMBER 31, 2018, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2018. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; WHEREAS, the operations, including budget matters, of this joint facility are overseen by a designated Supervisory Committee; WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; WHEREAS, the Littleton/Englewood Wastewater Treatment Plant maintains a fund for its operations and maintenance separate from either the City of Englewood or the City of Littleton; and WHEREAS, the Supervisory Committee reviewed the following proposed 2018 appropriations at their regular meeting held on August 17, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement entered into by the Cities of Englewood and Littleton, there is appropriated from the revenue derived from operation of the Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund including available fund balance during the year beginning January 1, 2018, and ending December 31, 2018, the amount hereinafter set forth: Total Littleton/Englewood Wastewater Treatment Plant Fund $ 26,869,791 Introduced, read in full, and passed on first reading on the 2nd day of October, 2017. Page 191 of 353 2 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of October, 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 192 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kathleen Rinkel DEPARTMENT: Finance & Administrative Services DATE: October 2, 2017 SUBJECT: Establish 2017 Mill Levy (Collected in 2018) - 1st Reading DESCRIPTION: Establish 2017 Mill Levy (Collected in 2018) - 1st Reading RECOMMENDATION: Staff recommends that Council approve this bill for an ordinance establishing the 2017 mill levy to be collected in 2018. PREVIOUS COUNCIL ACTION: The 2018 initial budget projections were discussed with City Council on April 10, 2017, and each department presented their budget and policy issues to Council in meetings from April through July. The proposed 2018 Budget updates were provided on August 7, August 14 and August 22, 2017. The 2018 Proposed Budget for the City of Englewood, the 2018 Proposed Budget for the Littleton/Englewood Wastewater Treatment Plant and the 2018 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 6, 2017 and printed copies were available on September 7, 2017. A public hearing to gather citizen input regarding the 2018 Proposed Budget was held on September 18, 2017. As part of this hearing, the Budget Advisory Committee provided Council with their Annual Report regarding their findings and recommendations. SUMMARY: The City of Englewood assesses property tax for the general governmental operations and for the General Obligation Bonds Debt Service Funds. TABOR restricts the City from raising the mill levy without a vote of the citizens. ANALYSIS: This year's General Fund mill levy remains unchanged at 5.880 mills. The General Obligation Bonds Debt Service mill levy is 1.609 mills for the Recreation General Obligation Bond Debt Service (down from 1.919 mills in 2016) and 3.207 mills for the Englewood Police Headquart ers General Obligation Bond Debt Service (down from 3.819 mills in 2016). The 2017 mill levy total of 10.696 for collection in 2018 is certified to Arapahoe County by December 15, 2017. Page 193 of 353 FINANCIAL IMPLICATIONS: This collection of property tax will cover the debt service requirements of our General Obligation Bonds and the 2018 Property Tax revenue estimate for the General Fund. Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the estimated net assessed value of all properties in Englewood for 2017 is $686,067,418 compared to $575,373,717 for 2016. The next bi-annual property appraisal carried out by the Arapahoe County Assessor's Office is scheduled for 2019, payable in 2020. Effective January 1, 2018, the residential assessment rate changed from 7.96% to 7.20% for 2017. The 2017 mill for General Fund operations is 5.880. The General Obligation Bonds (GO) Debt Service mill levy is 1.609 mills for the Recreation GO Bond Debt Service and 3.207 mills for the Englewood Police Headquarters GO Bond Debt Service. The total mill levy is 10.696 for 2017 collected in 2018. The amount budgeted for the General Fund is $4,002,000 (net of uncollectibles, abatements, etc.). The budgeted amount for the Recreation GO Bonds Debt Service Fund is $1,100,000 and the budgeted amount for the Englewood Police Headquarters GO Bond Debt Service Fund is $2,196,750 (net of uncollectibles, abatements, etc.). Tax impact example - an Englewood homeowner with a $200,000 home would pay the following to the City of Englewood: Market Value $200,000 Assessment Ratio 7.2% Assessed Value $14,400 General Operation Mill Levy 5.880 Taxes Paid for General Fund Operations $84.67 Market Value $200,000 Assessment Ratio 7.2% Assessed Value $14,400 Recreation GO Bond Fund Mill Levy 1.609 Taxes Paid for Recreation GO Bond Fund $23.17 Market Value $200,000 Assessment Ratio 7.2% Assessed Value $14,400 Police Headquarters GO Bond Fund Mill Levy 3.207 Taxes Paid for Police Headquarters GO Bond Fund $46.18 . Market Value $200,000 Assessment Ratio 7.2% Assessed Value $14,400 Total Mill Levy 10.696 Taxes Paid for Total Mill Levy $154.02 Page 194 of 353 ALTERNATIVES: Per Englewood City Charter (Article X, Part I, section 89:Certification of Tax Levy): "If Council fails in any year to make a tax levy by October 16th, then the rate last fixed shall be the rate for the ensuing year which rate shall be levied as by law provided." CONCLUSION: These taxes are needed to support the 2018 Budget as proposed and to honor our debt obligations. ATTACHMENTS: Council Bill 55 Page 195 of 353 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 55 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the proposed levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2017, due and payable as required by statute in the year 2018, for the City of Englewood, Colorado, an ad valorem tax of: 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, 1.609 mills on the dollar for the Recreation General Obligation Bond Debt Service Fund, and 3.207 mills on the dollar for the Englewood Police Headquarters General Obligation Bond Debt Service Fund. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 2nd day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of October, 2017 for thirty (30) days. Joe Jefferson, Mayor Page 196 of 353 2 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 197 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Henderson DEPARTMENT: Public Works DATE: October 2, 2017 SUBJECT: Police Headquarters Building Commissioning DESCRIPTION: Police Headquarters Building Commissioning RECOMMENDATION: Staff recommends Council award, by motion, a Professional Services Contract in the amount of $45,325 with NORESCO for Building Commissioning services for the Police Headquarters project. 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. Council approved, by motion, a professional services contract with Adolfson & Peterson Construction for Construction Management and Pre-Construction services on June 19, 2017. Page 198 of 353 Staff provided project updates at several study sessions in 2017. SUMMARY: The City, through our consulting project manager CBRE, prepared and distributed a Request for Proposal (RFP) to retain the services of a company qualified to perform Building Commissioning services for the new Police Headquarters building. Building Commissioning is the professional practice that ensures buildings are delivered according to the Owner's Project Requirements (OPR). Buildings that are properly commissioned typically have fewer change orders, tend to be more energy efficient, and have lower operation and maintenance cost. 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 and City Staff discussed, in detail, all four proposals that were received by the due date. All four firms were ranked per the scoring criteria in the RFP. Three firms where very close in scoring and the final selection was based on submitted costs. NORESCO submitted the lowest qualified proposal and the selection team recommends them for this project. FINANCIAL IMPLICATIONS: NORESCO's cost proposal for Building Commissioning services, in the amount of $45,325 is the lowest cost proposal received (see attached proposal tabulation). Ordinance No. 30, 2017 approved issuance of General Obligation Bonds. A 2017 budget page does not exist for this project. Funds are available in the project budget for Geotechnical and Testing. See attached CBRE Budget Report and CBRE Budget Reallocations. ATTACHMENTS: Proposal Tabulation and Scoring Sheet Professional Services Contract RFP Building Commissioning NORESCO Building Commissioning Response CBRE Budget Report CBRE Budget Reallocations Page 199 of 353 City of Englewood9/18/2017Firm NameBasic Cx Scope CostsEnchanced Cx CostsBuilding Enclosure Cx CostsTotal CostsFee RankFirm Profile 10 PtsProject Team 20 PtsProject Approach 20 PtsReferences 10 PtsCost Proposal 30 PtsTotal Points CommentsCoffman 88,960$ 9,000$ 22,000$ 119,960$ 4 6 14 14 5 7 46EEI 41,800$ 17,300$ 19,100$ 78,200$ 3 8 17 18 9 14 66Group 14 Engineering47,000$ 5,500$ 17,700$ 70,200$ 2 7 16 18 6 21 68Noresco 24,575$ 4,925$ 15,825$ 45,325$ 1 7 16 17 6 28 74Competitive fee to win the workEnglewood Police HQ ‐ Commissioning Agent RFQP Response Scoring SheetPage 200 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA/17-34 Commissioning Services/Police Headquarters Building PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/17-34 Consulting Services $ 45,325 This Professional Services Agreement (the “Agreement”) is made as of this 21st, day of September 2017, (the “Effective Date”) by and between NORESCO (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms a nd conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Schedule A (the “Statement of Work”) for City, and in such additional Statements of Work as may be executed by each of the parties hereto from Page 201 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA/17-34 Commissioning Services/Police Headquarters Building time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. 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 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. Page 202 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA/17-34 Commissioning Services/Police Headquarters Building 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 the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. Page 203 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA/17-34 Commissioning Services/Police Headquarters Building (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 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 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 Page 204 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA/17-34 Commissioning Services/Police Headquarters Building 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 shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. Page 205 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA/17-34 Commissioning Services/Police Headquarters Building 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 directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 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 Page 206 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA/17-34 Commissioning Services/Police Headquarters Building 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. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 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. Page 207 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA/17-34 Commissioning Services/Police Headquarters Building (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 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 Page 208 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA/17-34 Commissioning Services/Police Headquarters Building 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. 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 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. Page 209 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA/17-34 Commissioning Services/Police Headquarters Building 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 suppliers 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 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. Page 210 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA/17-34 Commissioning Services/Police Headquarters Building IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ___________________________________Date:___________ (Department Director) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk ______________________________________ (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ Page 211 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA/17-34 Commissioning Services/Police Headquarters Building SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL NORESCO and The City of Englewood executed a Professional Services Agreement, dated October 2, 2017, for Commissioning Services for the new Police Headquarters Building located at 3615 S. Elati St. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS For NORESCO Tim Flynn Manager Sustainability Services For City of Englewood Donovan Nolan CBRE Project Manager 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Commissioning Services for Englewood Police Headquarters Building per RFP dated August 28, 2017 and per NORESCO response to RFP dated September 1, 2017. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Professional Commissioning Services and deliverables as described in RFP noted above. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT Payment by check or electronic transfer per conditions of Purchase Order. 9. PAYMENT SCHEDULE Monthly payments, for the lump sum fee of $45,325. 10. SCHEDULE AND PERFORMANCE MILESTONES Per RFP and in coordination with design/construction team requirements. 11. ACCEPTANCE AND TESTING PROCEDURES Acceptance per “Scope of Services” in RFP. Page 212 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA/17-34 Commissioning Services/Police Headquarters Building 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Boulder, Colorado. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ____________________________________ Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 213 of 353 PROJECT MANAGEMENT GROUP August 28, 2017 Professional Services – Commissioning City of Englewood – Police HQ Request For Proposal To Whom It May Concern: On behalf of the City of Englewood (Owner), CBRE is pleased to invite your firm to submit your proposal for Commissioning services associated with the design and construction of the new Police Headquarters project at 3615 S Elati in Englewood. It is the intent of this RFP process to identify and engage the most qualified consulting firm to assist the Owner in the design, development, administration, and project management of commissioning requirements. It is the intent of CBRE and the City to select a consultant on the basis of your response to the enclosed Request for Proposals and subsequent interviews if needed. In this RFP process, one consulting firm will be selected to provide the above defined services. Included in this Request for Qualifications are the following documents: Exhibit A – General Project Overview Exhibit B – Proposal Guidelines & Scoring Criteria Exhibit C – Insurance Requirements Attachment 1 – Master Schedule Progress design documents (link provided) Please review the enclosed information and submit your responses in electronic format to Donovan Nolan (Donovan.nolan@cbre.com). I encourage you to direct any questions that you might have via email to preserve the competitiveness and integrity of the proposal process. Phone calls or direct contact with the Owner or Owner’s staff may disqualify the candidate, at the Owner’s option. I respectfully request your proposal follow the guidelines as outlined in the enclosed documents. Sincerely, Donovan Nolan Sr. Project Manager CBRE Project Management Page 214 of 353 PROJECT MANAGEMENT GROUP Exhibit A – General Project Overview Commissioning Services City of Englewood Request for Qualifications/Proposals Owner Background: The community of Englewood voted to pass the 2016 bond to build a new police and safety services building. The existing Public Safety Services Complex was built in 1972 to serve as a dual purpose facility for the police department and fire department. Historical documentation related to the facility is limited though there have been minor additions and repairs to maintain the facility. The fire department facility currently is not planned to be renovated and must maintain its location on the site. The Englewood Police Department, with a current staff of approximately 105, has grown substantially since that time though the amount of space they occupy has not changed. The existing facility lacks appropriate security design, needs significant facility repairs, does not comply with ADA regulations or police facility standards, and creates significant liability and litigation risk for the City. Based on the City’s landlocked status, growth will be moderate and driven primarily by density rather than annexation. As a result, the police department is not expected to significantly increase the number of officers. However, the condition of the current facility, the use of off-site storage and multiple buildings for offices, and changes in police regulations over the past 44 years has created a question of how to best to address the needs of the police department going forward. Project Team:  Owner City of Englewood John Collins, Chief of Police David Henderson, Director of Public Works  Owner’s Representative CBRE Donovan Nolan, Sr. Project Manager  A/E Design Team DLR Group  CM/GC A&P Construction Project Description: CBRE is working with DLR Group and A&P to create the design and GMP cost for the new HQ project. The current site will be the location of the new facility and initial evaluations on building around the existing site constraints have been evaluated which should allow the new building to be built without demolishing the existing. This will be considered Phase 1 of the program. Phase 2 will consist of the demolition of the existing and building secured parking in its place while coordinating the Fire station into the overall flow. The closest portion of the lot to the east of Elati (Miller Park) can be utilized for temp parking and construction storage to help during the construction process. The building is based on a 49,000 square foot building and the parking area would need 126 stalls. The schematic design documents are complete and can be obtained through the links below. These budgets are preliminary based on limited design information. Page 215 of 353 PROJECT MANAGEMENT GROUP Exhibit A – General Project Overview Commissioning Services City of Englewood Request for Qualifications/Proposals SD Drawings: https://cbre.box.com/v/epdhq-sdpkg SD Narrative: https://cbre.box.com/v/epdhq-sdnarrative Estimated Project Schedule: Refer to attached Master Project Schedule The Consultant represents that, prior to submitting a response to this Request for Proposal; they have carefully reviewed the enclosed documents. In addition, they are fully informed of the conditions under which the work is to be performed. The Consultant further represents, to the best of their availability, have satisfied themselves to the actual conditions of the premises and general site logistics, local code restrictions, and any other conditions affecting the completion of the intended work, as of the date of this RFP. Becoming part of the team immediately upon award to become fully integrated in all pre-construction activities will be a requirement of the awarded commissioning agent. Pre-construction activities will include budgeting, procurement lead time guidance, alternative material selection, schedule recommendations/advice, project planning, creative design solutions/options with the design team and full involvement from award through project execution. Attending design and project meetings should also be included. Bidder Signature: Company Name: ____________________________________________ Signed By: ____________________________________________ Title: ____________________________________________ Date: ____________________________________________ Business Address: ____________________________________________ Telephone: ____________________________________________ Page 216 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines and Scoring Criteria Commissioning Services City of Englewood Request for Qualifications/Proposals In addition to the typical obligations and responsibilities required of the Commissioning Agent, (“CxA”), as defined in the contract documents, the selected company will be required to perform the following: CxA Scope of Services 1. General A. The Commissioning Agent (CxA) shall lead the commissioning process and shall serve as the Owner’s agent to develop, manage, coordinate, and witness commissioning of the mechanical and certain electrical systems of the Project. The CxA shall establish, document, benchmark and verify the owner’s design intent criteria for system function, performance, and maintainability. B. Designate a qualified individual acceptable to Owner as the point-of-contact for the duration of this Project. C. The Owner does not intend to achieve certifications, yet desires to have efficient and sustainable facilities. 2. The CxA shall provide complete building commissioning and/or recommissioning services for the following building systems, components, and assemblies as applicable to each building in the project: A. All HVAC system(s), including but not limited to the building automation system, fans, pumps, air-handling equipment, terminal units, and central heating and cooling plants. B. Lighting control systems. C. Domestic water heating systems including existing systems as applicable D. Addressable Fire Alarm E. Renewable energy systems F. Security and Access Control G. Emergency Generator and Automatic Transfer Switch 3. Base Commissioning of Building Energy Systems, to include but may not be limited to: A. The CxA shall help the Owner develop the Owner’s Project Requirements (OPR). The CxA shall be responsible for updating and maintaining the OPR document as the project evolves. B. The Design Team shall develop the Basis of Design (BoD) document. The CxA shall review the BoD for clarity, completeness and conformance with the OPR, and provide written review comments to the Design Team. C. Develop and incorporate commissioning requirements into the Contract Documents. This shall include providing and editing project-specific Commissioning Specifications for Division 1, 22, 23 and 26 and 27 (addressable fire alarm). D. During design, coordinate any Contract Document requirements necessary for trend storage, remote access and analysis tools required for occupancy phase trend analysis. a. Provide a list of required building automation system trends and coordinate implementation with the Temperature Controls Contractor. E. Develop and implement a project-specific commissioning plan that includes the Commissioning Program Overview, Commissioning Team, and Description of Commissioning Process Activities that shall include the following, at a minimum: Page 217 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines and Scoring Criteria Commissioning Services City of Englewood Request for Qualifications/Proposals a. Lead one commissioning kickoff meeting with the design team per project. CxA will conduct meeting, provide meeting minutes, and update the Cx Plan and distribute to the Commissioning Team. The Design Phase Commissioning Kick-off Meeting shall take place prior to design document review. b. Lead one commissioning kickoff meeting with the construction team per project. CxA will conduct meeting, provide meeting minutes, and update the Cx Plan and distribute to the Commissioning Team. The Commissioning Kick-off Meeting shall take place prior to submittal review. F. Provide design document reviews and a back-check of the reviews for each property needing Cx service. The CxA shall coordinate the appropriate milestones for Cx design reviews with the Owner and Design Team, and shall update the Cx Plan accordingly. Each Cx Design Review shall be followed-up with a meeting to review the Cx comments and design team responses. Following this meeting, the CxA shall update the design review log and distribute. The design review comments shall be relevant to the design stage and focused on the successful implementation of the Owner’s Project Requirements. The CxA shall also consider operational cost impacts (energy and maintenance) of the design, and features that will increase commissioning success – both under this Cx contract and future continuous commissioning efforts. It is anticipated that the reviews will be at 100% DD and mid-construction documents (i.e. 50% CDs) and a back-check towards the end of design, but comments shall be issued prior to 100% CDs and allow the design team adequate time for document modification. G. The CxA shall conduct a temperature controls review meeting with the design engineer and the Owner’s O&M staff. This meeting shall focus on sequence optimization, and thoroughness and clarity of setpoints, alarms, and modes of operation. H. The CxA shall conduct a lighting controls review meeting with the design engineer and the Owner’s O&M staff. This meeting shall focus on thoroughness and clarity of the lighting intent and operation, i.e. setpoints, time-outs, and schedules. I. Prepare system Installation Verification “readiness” Checklists (IVCs) to be completed by the Contractor prior to the start of Functional Performance Testing. The CxA shall review a quality- based sampling of the Contractors’ installation and their executed IVCs for completeness and thoroughness. J. Prepare Functional Performance Test (FPT) procedures tailored specifically to the installed equipment and systems, such that verification of the systems-being commissioned is proper, correct, and conforms to the Design Intent and the OPR. K. Lead meetings to coordinate the CxA scope with the commissioning team members. L. The CxA shall review contractor submittals applicable to major systems being commissioned for compliance with the OPR and BoD. This review shall be concurrent with A/E reviews and with written comments submitted to the Design Team for their consideration. M. Review all Temperature Controls Contractor’s submittals and host a temperature controls specific meeting with the temperature controls programming engineer, the Owner, Owner’s Page 218 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines and Scoring Criteria Commissioning Services City of Englewood Request for Qualifications/Proposals Representative, and Design Engineer to verify control sequences, setpoints, alarms, and trending requirements prior to programming and implementation. N. Witness mechanical equipment start-ups. At a minimum, witness heating plant, cooling plant, and air-handling unit start-ups. Help facilitate coordination and information exchange among the Contractor trades during these equipment start-ups. a. The CxA shall be responsible for coordinating with the Design Team to include Contract Document requirements for the manufacturer representatives to provide additional troubleshooting and coordination time in their bids for each piece of equipment provided with manufacturer controls. O. Review testing, adjusting and balance report(s) for completeness and deficiencies. P. Coordinate the testing, adjusting and balancing verification. This effort includes verifying a sampling (up to 10% of the TAB report) of the TAB report. The CxA shall be responsible for coordinating with the Design Team to include this verification requirement in the Contract Documents. Q. Execute and document the Functional Performance Testing. R. Prepare corrective action reports for deficiencies and follow up on the corrections by retesting systems (or components) that failed the first verification test. S. Complete a summary commissioning report including the signed-off and executed FPT procedures. T. CxA Submittals and Deliverables: a. Develop the Owner’s Project Requirements and update as the design evolves. b. Written review of the Basis of Design c. Commissioning Specifications (to be inserted into Sections 1, 22, 23 and 26 and 27 (addressable fire alarm). d. Commissioning Plan e. Provide written design review comments (Written review comments shall be maintained by the CxA on a continually updated log) f. Equipment submittal comments (as related to commissioning issues only) g. Installation Verification Checklists h. Written comments on installation inspections* i. Executed Functional Performance Test procedures j. Written comments on verification of Functional Performance Testing results* k. Corrective action reporting for deficiencies found in verification testing* Summary commissioning report *Item status shall be tracked in a running Cx Log, that is updated in real-time and accessible by all team members via the internet, i.e. cloud-based. Separate site visit reports are not required. 4. Enhanced Commissioning of Building Energy Systems (Add Alternate #1), to include but not limited to: Page 219 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines and Scoring Criteria Commissioning Services City of Englewood Request for Qualifications/Proposals A. Develop a systems manual that provides future operating staff the information needed to understand and optimally operate the commissioned systems. a. Develop and prepare a preventative maintenance program and a recommended continuous Cx program/process as part of the systems manual. B. Contractor deliverables shall be discussed in the design phase and requirements for submission shall be integrated into the Contract Documents. C. Verify that O&M manuals are appropriately developed and submitted in a timely manner. D. Verify that the requirements for system level training of operating personnel are completed, including the design intent, theory of system operation, function of individual components in the system, and intersystem functional operations. E. Check that warranty documents are prepared by Contractors and turned over to Owner at the end of construction. F. Verify that the Contractor has a formal reporting procedure for recording and responding to problems during warranty. G. The CxA shall verify the completeness and thoroughness of the Operation and Maintenance Training, as executed by the Contractors. This shall include: a. Review and comment on the Instruction Program (i.e. Training agendas, objectives and schedules). b. Verify that attendance is recorded and evaluations of the training are completed. c. Verify that training materials are organized and turned over to the Owner in a timely manner. H. CxA Submittals and Deliverables: a. Systems manual b. Written comments on O&M manuals c. Verification of Owner training d. Issues Log update at each quarterly trend analysis. 5. Enhanced Commissioning of Building Envelope (Add Alternate #2), including, but not limited to building enclosure testing, energy control, structural performance (durability, constructability, reliability, maintainability and sustainability). [Remainder of Page Intentionally Left Blank] Page 220 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines and Scoring Criteria Commissioning Services City of Englewood Request for Qualifications/Proposals Please format your submittal to include the items specifically requested below. Please be thorough in addressing the items but note that the Owner is also looking for a team member that can communicate effectively and efficiently. Please organize your submittal using the section numbers and names below. 1. Firm Profile – 10 Points A. Location and current staff size of the servicing office including quantity of commissioning agents. B. Approximate breakdown of type of clients served by your firm over the past five years. C. Provide a statement whether or not your firm, in the event of award, would be able to provide insurance meeting or exceeding the requirements stated in Exhibit C below. D. Describe any claims, lawsuits or legal settlements your firm has had in the past and/or those which are currently pending. 2. Projected Team - 20 points The success of this project's team will rest on the individuals assigned to the facility’s completion. Good teams typically have strong leaders, together with highly qualified, dedicated support personnel. The City of Englewood is very interested in the specific make-up of your proposed team, their respective qualifications and their commitment to the project. Please provide the following information about the in-house employees your firm proposes for the Project(s). A. Provide, for each proposed team member, their proposed time commitment to this project. The time commitment should be identified for each team member for each phase as a percentage of full-time. i. Current resumes, ii. Minimum number of hours each week these individuals will be specifically dedicated to this project during the preconstruction process. List other projects these individuals are scheduled to participate on through December 2017. 3. Project Approach - 20 points A. Provide up to five examples of relevant Project Experience, in progress or completed by your proposed team members during the past five years. i. Provide size of project, cost, budget, start and completion dates of design and construction. Page 221 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines and Scoring Criteria Commissioning Services City of Englewood Request for Qualifications/Proposals ii. Provide contact information for the project Owner as well as, CBRE and CM/GC’s Project Manager iii. Please identify similarities to this project and any unique lessons learned that will be applied. iv. Please identify any unique project features that could be implemented here to help achieve the Owner’s goals. v. Some project examples the Owner would consider relevant, but not limited to, are listed below: 1) Work with safety facilites or other public entities 2) Safety/Security upgrades 3) High performance buildings 4) Work with an existing adjacent facility being operational Consideration will be given to the firm that shows the most well rounded experience and how the team will engage the community and Owner in developing a learning environment & facility that is unique to this Owner’s program and environment. 4. References – 10 Points A. Please provide letters of reference and contact information from up to three projects that the proposed team members have worked on, focusing on projects in the past five years that have similarities to this project. B. The selection committee will be looking for a history of commitment to owner and project interests, willingness to be a team player, keeping a project within budget and on schedule, and an ability to coordinate multiple points of view into a successful project. 5. Cost Proposal – 30 Points A. Provide a cost proposal for service i. Include confirmation that all services listed in this RFP are included. ii. Break out the cost proposal by Fundamental Cx, [and] Enhanced Cx (alternates 1 & 2). iii. Provide a detailed breakdown that includes minimum number of design phase meetings, construction phase site visits/meetings and occupancy phase site visits/meetings. iv. Include a detailed list of any clarifications or assumptions associated with your proposal. Total Points Availability: 90 Page 222 of 353 PROJECT MANAGEMENT GROUP Exhibit C – Insurance Requirements Commissioning Services City of Englewood Request for Qualifications/Proposals The Consultant shall maintain liability insurance having the following minimum coverage and provisions: 1. Consultant’s minimum insurance requirements shall include the following limits of coverage throughout the life of the project: Under Section B Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Under Section C Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Public Liability and Property Damage Insurance: The Contractor shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective Liability and Property Damage Insurance. Such insurance shall provide limits not less than those called for in these Special Provisions. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the contract: (l) Contractor's own automobile and trucks. (2) Hired automobiles and trucks. (3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. Workers Compensation: 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 performance of the work under this contract. Workers’ Compensation insurance must cover Page 223 of 353 PROJECT MANAGEMENT GROUP Exhibit C – Insurance Requirements Commissioning Services City of Englewood Request for Qualifications/Proposals 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. Liability: The Consultant shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, in any way resulting from or arising out of the operation in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Consultant or his sub-consultant. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Consultant under the terms of the Contract. The Consultant shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to: Procurement Division: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 With an additional copy sent to: Benefits and Risk Division: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Other Insurance: a. The Contract, or another document referenced under this Request for Proposal, may contain additional insurance requirements for coverage from the Consultant. Consultant may also carry such other insurance as the Consultant deems necessary (auto, physical damage, builders risk insurance, etc.). All such insurance shall include a waiver of the insurer’s rights of subrogation against Client and CBRE, Inc., and all subsidiaries. Page 224 of 353 PROJECT MANAGEMENT GROUP Exhibit C – Insurance Requirements Commissioning Services City of Englewood Request for Qualifications/Proposals b. Consultant may be required to submit payment and performance bonds covering the faithful performance of the Consultant and the payment of all obligations arising thereunder, in such form and with such sureties as are satisfactory to Client and CBRE, Inc. c. Consultant and sub consultants shall add, by endorsement to its policies of insurance, except for Workers’ Compensation Insurance, Owner, CBRE, Inc. and all subsidiaries as additional insureds using the following language: Owner, CBRE, Inc., and all of their subsidiaries, agents and employees, are Additional Insureds jointly and/or severally, regarding any coverage afforded by this policy with respect to services and/or materials performed, furnished or supplied on, for or to such Contract. This insurance shall be primary with respect to any other insurance available to such additional insureds, and shall be endorsed in a manner that will prohibit the Contractor’s insurers from seeking contribution from such insurance of the additional insureds. d. Failure to secure and maintain or add, by endorsement, CBRE, Inc. and Owner and/or all subsidiaries, agents, and employees shall not act as a defense to the enforcement of the terms of this Contract. Any such insurance policy shall apply separately to each insured against whom the claim is made or suit is brought and shall contain no provision which excludes coverage of a claim made by one insured under the policy against another insured under the policy. e. Prior to commencement of any work or services, and prior to or concurrent with execution of a contract, Consultant shall furnish Owner, with copy to CBRE, with: a. Endorsements to Consultant’s liability insurance policies, naming City of Englewood and CBRE, Inc. and all of their subsidiaries, agents and employees, as additional insureds, b. Certificates of Insurance or copies of insurance policies indicating that the minimum insurance limits described below have been met, c. Endorsements to Consultant’s liability insurance policies by which the insurance carriers agree to provide at least thirty (30) days’ prior written notice of cancellation or any change in such policies. f. Prior to issuing the Certificate of Insurance, the Consultant and/or Consultant’s Agent shall review the certificate and comply with the following criteria: a. The certificate must be issued with an original signature or original initials of the signor. b. The additional insured must be on a separate endorsement, CG20101185, “Form B”, or equivalent. Form A is not acceptable. c. The “Primary Wording” must appear on Form B endorsement or as a separate endorsement: “The insurance afforded by this policy to the person or organization listed above is Primary Insurance and any other insurance available to such person or organization is Non-Contributory.” d. Automobile – coverage for owned, hired or non-owned vehicles. e. The certificate must include the separate 30-day notice of cancellation endorsement. If the Contractor’s Insurance Company will not include the 30-day cancellation endorsement, then the Page 225 of 353 PROJECT MANAGEMENT GROUP Exhibit C – Insurance Requirements Commissioning Services City of Englewood Request for Qualifications/Proposals Carrier must strike the wording: “endeavor to” … “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.” f. Contractor’s Carrier must be rated in the Best Guide as “A-X” or above. Indemnification: Consultant agrees to defend, indemnify and hold harmless Owner and CBRE, Inc. against any claims, damage, losses, expenses and attorney’s fees arising out of this Contract, or performance of the Work by Consultant or consultants hired by Consultant, except for liabilities caused by the intentional or negligent acts or omissions of Owner or CBRE, Inc. [Remainder of Page Intentionally Left Blank] Page 226 of 353 September 1, 2017 City of Englewood New Police Headquarters Qualifications to Provide Professional Commissioning Services Point of Contact: Tim Flynn Manager, Sustainability Services 303.459.7405 | tflynn@noresco.com www.noresco.com Page 227 of 353 Page 228 of 353 2540 Frontier Avenue, Suite 100 | Boulder, CO 80301 Telephone: 303.444.4149 | www.noresco.com September 1, 2017 Attn: Donovan Nolan Sr. Project Manager CBRE Project Management 3615 S Elati Englewood, CO 80110 Re: Qualifications to Provide Professional Commissioning Services on the City of Englewood’s New Police Headquarters Projects Dear Members of the Selection Committee, NORESCO would like to congratulate the City of Englewood for the successful bond initiative to fund the new Police Headquarters building. NORESCO recognizes that the first job of local governments is the public safety of their residents and constituents and applauds the City of Englewood of their initiative to do so. NORESCO’s expertise to provide the desired services coupled with our vast experience working with local municipalities on police and public safety facilities will bring great value to the entire project team on this exciting, upcoming project with the City. We believe we are uniquely qualified to serve as your engineering partner for the following reasons: Past Municipal and Denver Metro Project Experience. For more than 30 years NORESCO has performed comprehensive commissioning services to cities along the Front Range. This experience includes providing LEED commissioning services to multiple City of Denver facilities including the Police Traffic Operations and Firing Range (LEED Gold), the Denver County Jail East Housing Facility (LEED Silver) Denver Animal Shelter (LEED Platinum), the Central Platte Service Yard (LEED Gold), just to name a few. Furthermore, NORESCO provided LEED commissioning services on the City of Fort Collins’ Police Services Center. Our past experience working on more than 200 buildings with the City and County of Denver as well as numerous other local municipalities, has provided us with a unique understanding of the commonly preferred processes, reporting requirements, and contracting methods for the services being requested by the CBRE/the City. Strategic Commissioning Approach. NORESCO will work collaboratively with the City project team to devise a strategic and programmatic commissioning solution that not only verifies the systems are performing as desired but also provides the City and it’s constituents, with the greatest value. Commissioning isn’t a secondary service offering for NORESCO, it is essential to our success. Our commissioning approach is continuously refined to include lessons learned from past projects and ensure our means and methods remain the industry’s most efficient and effective. This includes the latest remote auditing and monitoring-based commissioning platforms which allow us to cost effectively analyze and monitor complete building portfolios. Ability to Provide All Requested Services. Upon review of the RFP, NORESCO’s team has the capacity to perform of the services being requested including: Fundamental and Enhanced Commissioning and Building Envelope Commissioning. NORESCO has provided similar commissioning services on hundreds of projects, including multiple Colorado municipalities. Additionally, we possess in-house building enclosure commissioning capabilities. David Young, our BECx specialist, has been working in the design and commissioning of building enclosure systems for more than 20 years which has provided him with in-depth understanding of all components of the building enclosure. At NORESCO we aim to be more than an a commissioning consultant, we strive to be a strategic partner with all of our clients as they look to increase their building’s energy efficiency and overall performance. We envision long-term working partnerships with our clients, predicated on successful achievement of customer goals and trust development in our knowledge-base and recommendations. If you have any questions or comments regarding this proposal, please do not hesitate to contact me directly. Regards, Tim Flynn Manager, Sustainability Services 303.459.7405 | tflynn@noresco.com Page 229 of 353 This page is intentionally left blank. Page 230 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 5 1. Firm Profile 1. Firm ProfileA. LOCATION AND CURRENT STAFF SIZE OF STAFF NORESCO currently employs 544 individuals spread between our 31 office locations throughout the country, including our two offices conveniently placed along the Front Range. With more than 50 employees located in our Boulder office, and more than 75 in the State of Colorado, our familiarity of the Front Range is unmatched. Additionally, NORESCO employs more than 150 team members capable of performing commissioning on new and existing facilities. A complete breakdown of the NORESCO staff by discipline is provided below. • Executive Officers: 11 • Directors: 8 • Sustainability/LEED Consultants: 30 • Energy and Commissioning Engineers: 165 • Project Managers: 144 • Civil Engineers: 6 • Mechanical Engineers: 60 • Electrical Engineers: 10 • Administrative Personnel: 42 • Other: 41 • Service Workers: 23 • Craft Workers: 4 B. APPROXIMATE BREAKDOWN OF TYPE OF CLIENTS The City will greatly benefit from NORESCO’s experience working on more then 200 municipal facilities throughout the Denver metro region. Below NORESCO has provided an estimated breakdown of the type of clients served by our firm over the past five years. • State and Local Governments: 20 percent • Federal Government: 50 percent • Educational Facilities: 15 percent • Commercial Buildings: 7 percent • Healthcare: 3 percent • Corrections: 5 percent C. INSURANCE COVERAGE NORESCO has carefully reviewed the insurance requirements outlined within the RFP and is capable with complying with all requirements except Exhibit C, Number 1, located on page 12 which requires NORESCO to name CBRE or the customer as additional insured on professional liability. This is not an industry standard and thus not something NORESCO could do on the forthcoming project with CBRE and City of Englewood as the insurance company will not take on the liability of a customer for professional liability. We have provided a copy of our most recent Certification of Liability Insurance on page 7 that follows. D. CLAIMS, LAWSUITS OR LEGAL SETTLEMENTS Due to the sensitive nature of this information, NORESCO does not disclose detailed information related to these matters. As in the normal course of doing business, NORESCO has had various claims and disputes arise in the normal course of business, which NORESCO has vigorously defended. There is no current or pending litigation that would materially impact NORESCO’s ability to provide the services included in our proposal to CBRE/ the City. Should the City require a detailed listing of current, past or pending lawsuits, NORESCO would be willing to work with the City to resolve any concerns they may have related to any potential arbitration/litigation. ADDITIONAL FIRM INFORMATION Founded in 1984, NORESCO is a leading demand-side management and sustainability consulting firm delivering actionable, unbiased solutions for the built environment. Over the past 30 years, NORESCO has influenced every level of the built environment—from optimizing new and existing buildings, to improving regional utility programs, to developing national energy codes and standards. We bring both thought leadership and hands-on engineering expertise to every project that we do. NORESCO offers a full suite of services for new and existing buildings, energy procurement, energy codes and standards, and utility energy efficiency programs. Our suite of services for new and existing buildings includes: • New Building Commissioning • Building Enclosure Commissioning • Monitoring Based Commissioning • Energy Audits and Retro-Commissioning • System Assessments and Performance Testing • Testing, Adjusting and Balancing • Retrofit Implementation • Sustainable Design and LEED Certification Consulting • WELL Certification Consulting • Energy and Daylight Modeling • Energy Procurement Consulting • Measurement and Verification Our wealth of experience in performing numerous energy efficiency projects has seen us work effectively with multiple firms, teams, and subcontractors. Effective communication and working relationships with the project management team are essential for a successful project as being put forth by CBRE/City of Englewood. NORESCO’s staff are widely known and respected for their expertise, ability to effectively interact with design and construction teams, honestly, and efficiently manage all aspects of the commissioning process. Page 231 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility6 | 1. Firm Profile 1. Firm ProfileFirm Expertise NEW BUILDING COMMISSIONING We apply our expert understanding of what makes buildings work to not only make sure building systems function, but to optimize overall building energy efficiency and comfort. As a result, our clients obtain buildings that operate at their peak performance, resulting in lower energy and maintenance costs, as well as more productive and healthier building environments. Commissioning is a systematic process that starts at design and continues through warranty to verify and document that building systems are installed and operated as intended. With almost three decades of industry experience, NORESCO has pioneered diagnostic methods and tools that form the basis of today’s building commissioning best practices. NORESCO’s commissioning approach relies on forming a cooperative commissioning team involving the building owner, the design team, and the construction team to design and deliver a reliable and efficient building. Our staff has exceptional expertise in identifying and correcting potential problems encountered during commissioning, including equipment failure modes, controls systems issues, and human factors. The focus is always on working proactively to prevent problems and implement solutions. Recognizing each project’s unique requirements, we customize the commissioning process for each job, providing services ranging from simple operational checkouts to complete integration with the design team on sustainable showcase facilities. NORESCO’s commissioning services address HVAC equipment, lighting systems, building automation and controls, renewable energy systems, distributed generation, refrigeration, commercial kitchen equipment, and electrical service / distribution systems. Other building systems can also be commissioned as required and requested. BUILDING ENCLOSURE COMMISSIONING The building enclosure is a unique and often complex assemblage of materials and systems intended to separate the inhabited building interior from the exterior environment. Building Enclosure Commissioning is a process that endeavors to ensure that the building enclosure is designed, constructed, and maintained in a way that meets the project requirements for attributes such as energy consumption, durability, hygrothermal performance, serviceability, safety or even cost, aesthetics, and insurance requirements. Ideally, the BECx process starts early in the building design process, continues through to occupancy and includes the entire design and construction team as well as the Owner and Commissioning Authority. NORESCO offers thorough understanding of building enclosure materials properties and the interactions between various components and systems. Enclosure commissioning varies from mechanical system commissioning in that the adjustment of completed enclosure assemblies is generally not a practical way of correcting deficient performance. As such, satisfactory building enclosure performance is most effectively achieved through diligent attention during the design and construction of the enclosure. The benefits of a high performing building enclosure resulting from successful BECx include: • Lower initial construction costs through right sizing equipment and fewer change orders, • Improved occupant comfort, • Improved indoor air quality, • Reduced energy consumption, • Improved durability and water leakage resistance, and • Lower operating and maintenance costs. SELF-PERFORMED FIELD TESTING SERVICES We strongly believe in the value of independent field testing to assess and optimize system performance and energy efficiency. As a result, NORESCO self-performs all of the work that is required on commissioning projects by utilizing our vast inventory of calibrated test equipment and experienced field staff. This team utilizes our firm experience as a NEBB-certified balancing company to provide precise measurement of the air and hydronic systems, ensuring systems are operating per the recommended sequence of operations and at maximum efficiency for our clients. Our field staff is made up of experienced controls engineers and test, adjust and balance technicians. We are experienced in using direct digital controls as trending systems and also have our own extensive inventory of data logging equipment to measure sustained correct performance over time. If a building is malfunctioning, trend logging is one of the best ways to identify and diagnose less than optimal performance. Our team utilizes firm experience as a NEBB-certified balancing company to provide precise measurement of the air and hydronic systems ensuring systems are operating at maximum efficiency. Page 232 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 7 1. Firm Profile 1. Firm ProfileTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. X X X XX X N 03/27/2017 ZD29WTJX MARSH USA INC.20 CHURCH STREETHARTFORD, CT 06103 NORESCO LLC ONE RESEARCH DRIVE, STE. 400CWESTBOROUGH, MA 01581 Hartford Fire Insurance Company National Union Fire Insurance Company of Pittsburgh, PA American Home Assurance Company New Hampshire Insurance Company 19682 19445 19380 23841 A A A BCD A 02CSET10004 $2,000,000 generalaggregate per location/project$10,000,000 policygeneral aggregate 02CSET10000 (A/O)02CSET10019 (HI)Hartford Underwriters Ins 02HUT10021 CT WC(SIR 2.5MM)EX COV-6583040CA-015519205FL-015519206, MA-015519212MN-015519208, MULTI-015519204MULTI-015519207,MULTI-015519211 02CSET10045PROFESSIONAL LIABILITY 04/01/2017 04/01/2018 04/01/2017 04/01/2018 04/01/2017 04/01/2018 04/01/2017 04/01/2018 04/01/2017 04/01/2018 NORESCO LLCONE RESEARCH DRIVE, SUITE 400CWESTBOROUGH, MA 01581 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000 10,000,000 10,000,000 Per ClaimAggregate 2,000,0002,000,000 EVIDENCE OF INSURANCECertificate holder is included as additional insured as required by written contract. The liability policies are primary and non-contributory to any maintained by the additionalinsured. Policies provide for a waiver of subrogation to the extent agreed to under written contract. $ Page 1 of 1 CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSDADDL WVDSUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE $ $ $ $ $ Page 233 of 353 This page is intentionally left blank. Page 234 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 9 2. Projected Team 2. Projected TeamTodd Hintz, LEED Green Associate, CEM Commissioning Project Manager PROJECT MANAGER SENIOR COMMISSIONING TEAM FIELD COMMISSIONING TEAM 2. Projected Team In putting forth our projected team, we have included an organizational chart highlighting our proposed team members with their current and future time commitments listed further below. Although some individuals may find themselves working on multiple projects simultaneously, as you can see, we have made it a priority to dedicate a substantial amount of allotted time for the Police Headquarters commissioning project, including NORESCO staff supporting this project during the preconstruction process for 6.5 hours per week. David Young, AIA, LEED AP Building Enclosure Specialist Todd Hintz, LEED Green Associate Senior Commissioning Engineer Dustin Feldpausch, LEED AP O+M Commissioning Engineer Vaughn Engler, E.I., LEED AP Commissioning Engineer John Wood, P.E., CCP, LEED AP Senior Commissioning Engineer Jacob Naeb, CEM, QCxP, LEED Green Associate Senior Commissioning Engineer CURRENT STAFF COMMITMENT LEVELS STAFF MEMBER TITLE 2017 2018 Q3 Q4 Q1 Q2 Q3 Q4 Todd Hintz Project Manager 50%35%25%25%25%25% David Young Building Enclosure Specialist 50%35%30%30%30%20% John Wood Commissioning Engineer 50%35%25%25%25%25% Jacob Naeb Commissioning Engineer 50%40%25%25%25%25% Dustin Feldpausch Commissioning Engineer 55%40%30%30%30%20% Vaughn Engler Commissioning Engineer 55%35%30%30%30%20% Page 235 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility10 | 2. Projected Team 2. Projected TeamEmployment History 2009 to Present Senior Engineer NORESCO 2002 to 2009 Mechanical Engineer RDK Engineers Accreditations LEED® Green Associate U.S. Green Building Council Certified Energy Manager Association of Energy Engineers Affiliations Member, American Society of Heating, Refrigerating and Air-Conditioning Engineers Education Bachelors of Science Mechanical Engineering Technology Northeastern University Todd Hintz has more than a decade of engineering experience. He currently works as a commissioning agent and project manager to plan and implement commissioning activities, including functional performance tests, and short-term monitoring on HVAC, lighting, and control systems in commercial, industrial, and institutional buildings. He previously performed evaluation, measurement, and verification services for utility energy rebate programs performing on-site investigations, BAS trending, data logging, and analysis of monitored data to identify and evaluate energy conservation measures. As a mechanical engineer, Mr. Hintz spent six years designing HVAC systems and controls for various building types. He has extensive field experience in building auditing, construction administration, and creating and monitoring project progress reports. In addition, he has experience with control sequence authoring and editing. Selected Relevant Experience f CITY AND COUNTY OF DENVER DENVER, CO Denver County Jail LEED Silver Commissioning Agent, LEED Fundamental Commissioning Police Traffic and Firing Range LEED Gold Commissioning Agent, LEED Fundamental and Enhanced Commissioning Denver Animal Shelter LEED Platinum Commissioning Agent, LEED Fundamental and Enhanced Commissioning f CITY OF BOULDER BOULDER, CO Commercial and Industrial Building Benchmarking Ordinance Senior Engineer, Building Owner Tools Development Crossroads Garden Office Building — 1800 30th Street Senior Engineer, ENERGY STAR Benchmarking, Energy Analysis and Commercial and Industrial Building Energy Ordinance Compliance f COLORADO STATE UNIVERSITY FORT COLLINS, CO Rockwell School of Business LEED Gold Commissioning Agent, LEED Fundamental and Enhanced Commissioning TODD HINTZ, LEED GREEN ASSOCIATE, CEM Commissioning Project Manager Page 236 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 11 2. Projected Team 2. Projected TeamEmployment History 2016 to Present Program Director NORESCO 1992 to 2016 Past employment also includes positions at Intertek, Thorton Tomasetti Inc., Wiss, Janney, Elstner Associates, Gustitus Group Inc., Altusworks Inc., Klein and Hoffman, Berglund Construction, and Kellermeyer Godfryt Hart. Accreditations Licensed Architect in Illinois, Texas, Wyoming, Colorado, and New York National Council of Architectural Registration Boards LEED Accredited Professional U.S. Green Building Council Affiliations Member, The American Institute of Architects Member, U.S. Green Building Council RCI, Inc., Denver Chapter 2012 President The Association for Preservation Technology International Rocky Mountain Chapter 2007 to 2011 Director Education Master of Business Administration University of Illinois, Urbana-Champaign Master of Architecture University of Illinois, Urbana-Champaign Bachelors of Science in Architectural Studies University of Illinois, Urbana-Champaign David Young has more than 25 years of experience as a building enclosure consultant. Mr. Young has extensive experience in building enclosure commissioning, building science, building enclosure design peer reviews and consulting, historic preservation, as well as in the evaluation and repair of distressed building enclosure components and systems. He has an in-depth understanding of numerous cladding systems, fenestration products, air and water resistive barrier materials, as well as roofing and waterproofing systems. Selected Relevant Experience f CITY AND COUNTY OF DENVER DENVER, CO Colorado Convention Center Project Manager, Facility Condition Assessments Multiple Projects (45+ Different Buildings) Building Enclosure Expert, Facility Condition Assessments Denver Justice Center Courthouse Project Manager, Peer Review and Enclosure Consulting f STATE OF COLORADO DENVER, CO Ralph L. Carr Colorado Judicial Center Project Manager, Building Enclosure Consulting f U.S. DEPARTMENT OF THE ARMY FORT CARSON, CO Fort Carson-Tactical Equipment Maintenance Facility Building 4 Project Manager, Building Enclosure Design Peer Review 47th BCT Tactical Equipment Maintenance Facility Building Project Manager, Building Enclosure Design Peer Review Echelon Above Brigade Complex Project Manager, Building Enclosure Design Peer Review f GENERAL SERVICES ADMINISTRATION DENVER, CO U.S. Custom House Project Manager, Building Enclosure Repair and Rehabilitation Design Consulting f COLORADO DEPARTMENT OF CORRECTIONS DENVER, CO Denver Reception and Diagnostic Center Project Manager, Insulating Glazing Unit Seal Failure Investigation DAVID YOUNG, AIA, LEED AP Building Enclosure Specialist Page 237 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility12 | 2. Projected Team 2. Projected TeamEmployment History 2001 to Present Senior Engineer NORESCO 1992 to 2001 Past employment also includes positions at Sun Energy Systems, Jade Mountain, and Professional Engineers’ Balancing Laboratory Accreditations Registered Professional Engineer State of Colorado #36808 Certified Commissioning Professional Building Commissioning Certification Board LEED® Accredited Professional U.S. Green Building Council Certified Photovoltaic and Solar Thermal System Designer / Installer Colorado Solar Energy Industries Association Certified Universal Refrigerant Technician Environmental Protection Agency Affiliations Member, Rocky Mountain National Environmental Balancing Bureau Member, Building Commissioning Association Education Coursework in Renewable Energy and Leadership and Team Dynamics University of Colorado / Colorado State University Bachelors of Science Engineering Science Trinity University John Wood has more than 20 years of engineering experience specializing in new building commissioning, LEED fundamental and enhanced commissioning, and measurement verification. Mr. Wood works with project teams from pre-design through warranty. He writes specifications, plans, and reports; performs design reviews; prepares checklists, directs functional performance tests and troubleshoots system operations to ensure optimal building performance. Mr. Wood leverages his strong background in the design and maintenance of renewable energy systems, geoexchange, and daylight harvesting systems to promote sustainable, high performance, solutions during the commissioning process. Selected Relevant Experience f CITY OF FORT COLLINS FORT COLLINS, CO Police Services Facility LEED Gold Commissioning Authority, LEED Fundamental and Enhanced Commissioning Fort Collins Utilities Vehicle Storage Building LEED Silver Commissioning Authority, LEED Fundamental Commissioning Northside Aztlan Community Center LEED Gold Commissioning Authority, LEED Fundamental and Enhanced Commissioning Council Tree Library LEED Platinum Commissioning Authority, LEED Fundamental and Enhanced Commissioning f DENVER MUSEUM OF NATURE & SCIENCE DENVER, CO Phipps Gallery LEED Gold Commissioning Authority, LEED Fundamental and Enhanced Commissioning f NORDSON MEDICAL LOVELAND, CO Value Plastics Manufacturing Facility LEED Silver Commissioning Authority, LEED Fundamental and Enhanced Commissioning f CLYFFORD STILL MUSEUM DENVER, CO Commissioning Authority, Commissioning JOHN WOOD, P.E., CCP, LEED AP Senior Commissioning Engineer Page 238 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 13 2. Projected Team 2. Projected TeamEmployment History 2015 to Present Senior Engineer NORESCO 1993 to 2015 Past employment also includes positions at Kiewit Building Group Services, Arup, Omkasto Energy LLC and DMC, the Demand Management Company, Pacific Lightnet and Guardian Mortgage Documents Accreditations Certified Energy Manager Association of Energy Engineers LEED® Green Associate U.S. Green Building Council Qualified Commissioning Professional University of Wisconsin-Madison Affiliations Member, American Society of Heating and Refrigeration Engineers Member, Association of Energy Engineers Member, US Green Building Council Education Master of Arts in Asian Studies, Energy Focus University of Hawaii at Manoa Bachelors of Arts Political Science, Policy Analysis University of California at San Diego Publications F. Yang, D. Xin, M. D. Levine, and J. Naeb Cogeneration Development and Market Potential in China, Lawrence Berkeley National Laboratory, May 1996 Jacob Naeb has more than twenty years of engineering experience focused on building energy efficiency, renewable energy, and sustainability. Mr. Naeb performs project management and engineering for energy audits, commissioning, retro-commissioning, renewable energy, utility DSM programs, and measurement and verification projects. In addition to providing engineering services for a range of clients, Mr. Naeb also has previous experience in various technical and management roles in the IT and telecommunications industry. Selected Relevant Experience f CITY AND COUNTY OF DENVER DENVER, CO Multiple Projects (15+ Different Buildings) Senior Engineer, Facility Condition Assessments f COLORADO STATE UNIVERSITY FORT COLLINS, CO Richardson Design Center LEED Gold (anticipated) Senior Commissioning Engineer, LEED Fundamental and Enhanced Commissioning Warner College of Natural Resources Addition LEED Gold (anticipated) Senior Commissioning Engineer, LEED Fundamental and Enhanced Commissioning f SAUNDERS CONSTRUCTION CENTENNIAL, CO Headquarters Building LEED Silver (anticipated) Senior Commissioning Engineer, LEED Fundamental and Enhanced Commissioning f BUILDMARK/EAST WEST PARTNERS DENVER, CO 16 Chestnut LEED Gold (anticipated) Senior Engineer, LEED Fundamental and Enhanced Commissioning and Measurement and Verification f DAVITA DENVER, CO World Headquarters Pursuing LEED Gold and WELL Certification Senior Engineer, LEED Fundamental and Enhanced Commissioning JACOB NAEB, CEM, QCxP, LEED GREEN ASSOCIATE Senior Commissioning Engineer Page 239 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility14 | 2. Projected Team 2. Projected TeamEmployment History 2014 to Present Engineer I NORESCO 2010 to 2014 Past employment also includes positions at Air Comfort Corporation, Michigan State University, Bel-Mechanical, and John E. Green Co. Accreditations LEED® AP O+M U.S. Green Building Council Education Bachelors in HVAC Engineering Technologies Ferris State University Associate Degree of Applied Sciences in HVACR Lansing Community College Dustin Feldpausch has nearly a decade of experience performing retro-commissioning, commissioning, and HVAC/HVACR project oversight. Mr. Feldpausch is responsible for writing specifications, plans, and reports; performing design reviews; preparing checklists, directing functional performance tests and troubleshooting system operations to ensure optimal building performance. Through his experience has a HVAC service technician and installer, of equipment including which included Rooftop Units, Split Systems, Liebert Units, Air Handling Units, and Boilers, Mr. Feldpausch is well equipped to ensure our client’s goals for building performance are achieved. Selected Relevant Experience f CITY AND COUNTY OF DENVER DENVER, CO Multiple Projects (More than 75 Different Buildings) Project Engineer, Facility Condition Assessments f DENVER MUSEUM OF NATURE & SCIENCE DENVER, CO Education and Collections Facility Expansion LEED Platinum Project Engineer, LEED Fundamental and Enhanced Commissioning, Measurement and Verification, Ground Source Heat Pump Feasibility Assessment, Testing, Adjusting and Balancing Verification f BUILDMARK/EAST WEST PARTNERS DENVER, CO The Triangle Building LEED Gold Commissioning Engineer, LEED Fundamental and Enhanced Commissioning and Measurement and Verification 16 Chestnut LEED Platinum (anticipated) Commissioning Engineer, LEED Fundamental and Enhanced Commissioning and Measurement and Verification f COLORADO STATE UNIVERSITY FORT COLLINS, CO Eddy Hall Renovation Project Engineer, Commissioning Warner College Richardson Design Center LEED Gold (anticipated) Commissioning Engineer, LEED Fundamental and Enhanced Commissioning Warner College Natural Resources Addition LEED Gold (anticipated) Commissioning Engineer, LEED Fundamental and Enhanced Commissioning DUSTIN FELDPAUSCH, LEED AP O+M Commissioning Engineer Page 240 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 15 2. Projected Team 2. Projected TeamEmployment History 2010 to Present Engineer I NORESCO 2007 to 2010 Energy Engineer Enermodal Engineering / Group 14 Accreditations Registered Engineer Intern State of Colorado LEED® Accredited Professional U.S. Green Building Council Affiliations Corporate Member, U.S. Green Building Council Education Bachelors of Science Mechanical Engineering University of Colorado Vaughn Engler has nearly a decade of engineering experience and has experience working with a wide range of building systems. As a project engineer, Vaughn performs new building commissioning, retro- commissioning, measurement and verification, and energy audits. He is skilled at analyzing building energy end-use consumption and recommending energy conservation measures using sophisticated spreadsheet analysis techniques and energy modeling. Mr. Engler has a background performing advanced energy modeling using eQuest/DOE2, window 5, and custom spreadsheet tools. Selected Relevant Experience f CITY OF DENVER DENVER, CO Police Crime Laboratory LEED Gold Energy Modeler, Energy Modeling Lindsey-Flanigan Courthouse Engineer I, Retro-Commissioning Multiple Projects (25+ Buildings) Engineer I, Facility Condition Assessments and ASHRAE Level II Energy Audits f CITY OF VAIL VAIL, CO Fire Station #3 LEED Gold Project Engineer, LEED Fundamental and Enhanced Commissioning f CANOPY AIRPORT PARKING COMMERCE CITY, CO LEED Gold Project Engineer, LEED Fundamental and Enhanced Commissioning and Warranty Review f NATIONAL RENEWABLE ENERGY LABORATORY (NREL) GOLDEN, CO Research Support Facility I LEED Platinum Project Engineer, LEED Fundamental and Enhanced Commissioning and Measurement and Verification f MARIPOSA DEVELOPMENT — PHASE VI DENVER, CO LEED Platinum Project Engineer, LEED Fundamental Commissioning VAUGHN ENGLER, EI, LEED AP Commissioning Engineer Page 241 of 353 This page is intentionally left blank. Page 242 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 17 3. Project Approach 3. Project Approach3. Project Approach NORESCO is one of the most experienced commissioning firms in the country. We’ve provided these exact services to thousands of public and private clients and have completed numerous projects with local Colorado governments, as detailed in our select experience below and on subsequent pages. USING SUSTAINABLE DESIGN CHARRETTES TO ACHIEVE OWNER/CLIENT GOALS NORESCO regularly leads sustainable design charrettes at the outset of a project. Each charrette is a collaborative process for design professionals and their clients to establish project goals for sustainable design and energy efficiency, and provide a preliminary assessment of the project using the LEED rating system or another rating system desired by our clients. Throughout the architectural design process, NORESCO’s sustainable design consultants are capable of leading the project team through the steps necessary to achieve the team’s sustainability goals. In addition to offering charrette facilitation as a service, we have also developed the DesignShift Integrated Design Process and Charrette Delivery System educational training program on methods that support collaboration, systems thinking and integrated design and construction efforts. COLLABORATIVE PROJECT DELIVERY EXPERIENCE NORESCO brings extensive experience working on IPD and integrative design projects. We believe this approach helps provide a clear framework to engage design teams early in a project to develop synergistic solutions towards aggressive energy and sustainability goals. It is our experience that this process works best when the facilitation process be provided direct to the owner. There are many risks associated with any high performance design projects that can be properly managed, and mitigated, with the proper execution of an integrative process. Our own research related to integrative design and integrated project delivery has identified key principles critical to the success of your upcoming project as follows: • Mutually defined project goals • Integrative design charrette(s) • Deep owner involvement in process • Strong leadership • Early involvement of key participants Our commissioning process is well-suited to projects that follow the integrated design process. We participate during all design and construction phases of a project, collaborating with the owner and project team to identify issues before they occur, implement best practices, and maintain clear communication to support the overall success of the project. Our commissioning engineers follow energy standards, LEED requirements, and are familiar with many energy efficient materials, systems, and equipment. As part of our involvement on previous IPD and integrated design projects, our sustainable design consultants have facilitated comprehensive, sustainable design charrettes. By bringing all primary stakeholders and team members into the planning and design process early, we set the stage for the effective integration of sustainable design principles and strategies into all aspects of your project. Our experience facilitating this process has provided our commissioning engineers with a strong understanding of the risks, benefits and importance of collaboration and adherence to the project schedule. COLLABORATING WITH OWNER STAFF AND FACILITIES PERSONNEL Building owners, facilities staff and operations / maintenance personnel face the challenge of maintaining the performance of their building after commissioning has been completed. Thus, NORESCO understands that an important and integral part of the building commissioning process is preparing the staff that will assume day-to-day operation and maintenance roles with the original design intent, physical and operational characteristics of the equipment, and equipment maintenance requirements and procedures. NORESCO believes this is best done by involving the building O&M staff in the commissioning process. Our commissioning process is designed to encourage O&M staff participation. As a result, O&M staff becomes familiar with the design intent and basis of design, key equipment features, and operation and maintenance requirements. Upon completion of the commissioning services, the primary building systems, including all of the primary mechanical and electrical systems, will be functioning properly and efficiently. In training the building personnel, our goal is to enable the building operation / maintenance staff to properly operate NORESCO understands that an important and integral part of the building commissioning process is preparing the staff that will assume day-to-day operation and maintenance roles. Page 243 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility18 | 3. Project Approach 3. Project Approachand maintain the building systems so that energy savings and comfort conditions persist over the building’s lifetime. The building owner receives a full set of systems manuals, as well as a commissioning report that details the commissioning history of each commissioned piece of equipment. We also review all provided O&M manuals for completeness, review or provide an agenda for various training sessions, and participate in O&M staff training to make sure a high level of building performance persists. Lesson Learned: Staff Training and Maintenance Based on our experience working with numerous public clients and large building owners like municipal governments, NORESCO would suggest that the City standardize control sequences for facilities rather than have multiple buildings with unique control strategies. This helps ensure the facilities personnel and maintenance staff understands how to effectively and efficiency deal with maintaining and running the systems. MECHANICAL SYSTEMS DESIGN EXPERIENCE NORESCO’s proposed project team has a diverse engineering background which allows us to provide added value to our clients throughout the commissioning process. Their experience includes having designing MEP systems and pricing these systems. This background, and strong understanding, in MEP design and MEP contracting helps the commissioning agent understand the other team members business and typical areas of concern so commissioning efforts are spent figuring out and correcting the most important issues. Strictly following a process or checklist does not always provide the best value for commissioning. Being able to improvise and problem solve on the fly based on experience can lead to quicker resolution of issues with less paperwork, i.e.- identify the issues, develop a creative solution that is immediately corrected or implemented. The best outcome for an issues log is that issues are identified and corrected on the same date. COMPREHENSIVE SUSTAINABILITY SERVICES NORESCO’s ability to provide our clients with a comprehensive service offering including commissioning, energy modeling, measurement and verification and building enclosure commissioning allows us to leverage efficiencies and create synergies that provide added value to our clients. Providing this range of services gives our clients the ability to have continuity of a single individual from design through post occupancy. However, continuity throughout the design and construction process goes far beyond a single point of contact. Having both of these services performed the same individual or firm ensures that the same person is at design meetings on the front end – providing input on systems and ECMs to consider, as is on the back end – seeing those systems/ ECMs being constructed, tested as well as measured and verified for the original design intent. Lessons learned from commissioning aren’t often injected into the design process until the commissioning is doing design development design review. By that time, lots of modeling has occurred and a system has been selected and designed. COORDINATE VALUE ENGINEERING ACTIVITIES As part of our services we often review the design documents and specifications. With input from the Engineer of Record during their review for value engineering opportunities, NORESCO will make recommendations on the design and construction that will provide the owner with savings opportunities while still providing the same value and building performance. It is important that the design team work together to identify the opportunities and determine the best value for performance. CONTROLS INTEGRATION The successful integration of HVAC and lighting equipment with the Building Management System controls is critical to the operational and energy efficiency of the building. If these systems are not operating properly and not talking to each other “in the same language”, the building will experience maintenance issues, hot and cold complaints, high energy bills and potentially indoor air quality issues. A typical problem in construction results from the nature of design-bid-build construction; the contractors that supply, install, start and train on the HVAC, lighting and controls systems are almost always different companies. This creates an inherent block to collaboration – one contractor does not want to share his resources with another, nor does he want to spend any of his valuable time talking about something he considers out of his scope. NORESCO understands these issues and has dealt with them many times on all types of construction projects. For the City, it is of utmost importance that the commissioning and project team avoid the problems that come from this inherent issue, as the results can cause severe adverse effects. It should be the responsibility of the commissioning agent to develop a process to avoid these controls integration issues. The best time to address control integration is in early construction. Setting expectations on the controls contractor for the level of detail required of the Sequence of Operations document is critical. Additionally, it is important to foster early communication amongst the contractors (HVAC, lighting, controls) to ensure that the communication protocol used Page 244 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 19 3. Project Approach 3. Project Approachby each product and lighting systems can actually work together as the equipment was ordered. Often times, modules are required for proper communication, and waiting until functional performance testing often times causes major project schedule issues. The key to any successful project is respectful, frequent and educated communication. This communication method will foster teamwork and help in avoiding problems. CXALLOY: COMMISSIONING SOFTWARE Should CBRE/the project team desire, our commissioning team can utilize the online software tool, CxAlloy, for managing the commissioning process. CxAlloy provides one location for the entire commissioning team to view, prepare, and maintain documents including equipment lists, issues, field observations, checklists, functional performance tests and testing documentation. CxAlloy TQ features an easy-to-use and efficient data entry system that not only saves time and reduces errors, but also encourages increased engagement and communication from team members Each team member will be assigned a user account that will be used to access the project. This will allow the Owner to track the project through one integrated dashboard. The dashboard summary page will display current status information for issues, equipment, checklists, and tests. Tracking and monitoring deficiencies is one of the most defining tasks of any commissioning project. The projects will have a customized online portal for functional test results, commissioning plans, site observations, equipment information, and other project data that can be accessed from any Internet. CxAlloy is an interactive platform that captures all project activity, including user responses to issues. This can be used to compare timeliness of issue resolution across a portfolio of projects. CxAlloy TQ can serve as a central location for storing equipment data, aggregating all relevant issues, checklists, and functional performance tests, as well as verification and validation documentation, performance specifications, O&M manuals and nameplate data. All testing reports and other documentation provided to CxAlloy are stored in the files section. This section is a robust file management system that allows storage of documents of almost any type (Word, PDF, JPEG, TIFF, AutoCAD, Revit, etc.) in user-created folders. At the completion of the project, the data can be downloaded into an existing facility maintenance program. Page 245 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility20 | 3. Project Approach 3. Project ApproachA safer, greener training facility for Denver’s law enforcement officers The City of Denver Public Works Police Traffic Operations facility includes a renovated warehouse for the Operations and Investigations Bureau, a state-of-the-art underground firing range, and an enclosed parking area. As Commissioning Authority, NORESCO performed fundamental and enhanced commissioning of the HVAC, CO2 exhaust system, lighting controls, domestic hot water, and building automation systems. During the design phase of the project, NORESCO performed a design review to identify and resolve potential issues prior to construction. During the construction phase of the project, NORESCO and the project team actively formulated solutions to resolve issues. Any unresolved issues were documented for resolution by the client and their contractors. All issues were entered into the issues database, tracked throughout the project and closed when they were resolved. NORESCO’s commissioning team uncovered deficiencies that were corrected through the following measures: revising the control sequencing to correct the consistent tripping of the remote terminal unit (RTU) furnaces on “low flow” alarm; sealing leaking ductwork and replace duct lining to improve efficiency; and providing directions for leveling air handling units (AHUs) and RTU CO2 sequence modifications to optimize functionality. Green technologies and systems implemented on this project include: evaporative cooling in lieu of mechanical direct expansion cooling for the firing range makeup air; heat recovery from exhaust air to makeup air for the firing range; occupancy sensors control locker room exhaust; use of CO2 sensors to regulate outside air circulation; and a high efficiency direct-fired gas heater. The original project goal of LEED Silver was exceeded and LEED Gold was achieved. CITY AND COUNTY OF DENVER — POLICE TRAFFIC OPERATIONS AND FIRING RANGE Denver, CO Size 57,054 SF Owner/Client City and County of Denver Recognition LEED Gold LEED® for New Construction™ v2.2 NORESCO Services LEED Fundamental and Enhanced Commissioning Results f Fulfilled LEED EAp1 f Achieved points for EAc3 Page 246 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 21 3. Project Approach 3. Project ApproachEnergy efficient jail saves $77k annually Denver County Jail’s new East Housing building is a 7-story, 306- bed, minium security facility consisting of controlled access entry areas, dormitory space, dayrooms, classrooms, staff support spaces, and mechanical areas. As part of the City of Denver’s Greenprint Denver initiative, the facility is required to achieve both LEED and ENERGY STAR certification. As Commissioning Authority, NORESCO commissioned the HVAC, lighting controls, building chilled water, and domestic hot water systems. Beginning in the design phase of the project, NORESCO reviewed the owner’s project requirements, basis of design, and design and submittal documentation; developed the commissioning plan, and reviewed and verified pre-functional checklists. During the construction phase of the project, NORESCO and the project team actively formulated solutions to resolve issues. All issues were entered into the issues database, tracked throughout the project and closed when they were resolved. To further ensure optimal future building performance, NORESCO provided an on-going commissioning plan for the Denver County Jail’s district steam plant. In compliance with Xcel Energy’s Energy Design Assistance (EDA) Program, NORESCO verified that program-subsidized energy efficiency strategies had been implemented and that their installation, performance, and operation matched the original design-phase documentation. These strategies included increased roof and wall insulation, energy-efficient lighting and occupancy sensors, solar preheating, radiant heating and cooling, as well as a free cooling system in the chilled water plant. Based on the verification results, the project received its anticipated incentive from the EDA Program. DENVER COUNTY JAIL — EAST HOUSING FACILITY Denver, CO Size 101,000 SF Client City and County of Denver Recognition LEED Silver LEED® for New Construction™ v2.2 NORESCO Services LEED Fundamental and Enhanced Commissioning Measurement and Verification Results f Fulfilled LEED EAp1 (anticipated) f Achieved points for EAc3 (anticipated) f $77,067 verified annual energy savings (ASHRAE 90.1-2004) Page 247 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility22 | 3. Project Approach 3. Project ApproachCommissioning helps 24-hour facility achieve LEED Gold The City of Fort Collins’ Police Services Facility operates 24 hours a day and houses a range of public and secured police related areas. The building consists of a public lobby and community room as well secured training, administration, forensics, and detention facilities. During the design phase of the project, Architectural Energy Corporation developed the Owner’s Project Requirements and Basis of Design to identify and verify the achievement of design goals and requirements. NORESCO also performed a design review to identify and resolve potential issues prior to construction. The review included identification of areas needing further clarification, potential commissioning testing issues, occupant comfort issues, maintenance and operational issues, and system sequence of operations. As Commissioning Authority, NORESCO commissioned the HVAC and lighting systems. NORESCO’s engineers took an active role with the project team, formulating solutions to resolve issues during the construction phase of the project. Of the 33 issues identified by NORESCO, 20 were resolved, and the remaining issues were documented for resolution by the client and their contractors. All issues were entered into the issues database, tracked throughout the project and closed when their resolution was verified. Issues identified and resolved included improper settings on roof top unit filter switches and differing fan power box and variable air volume system calibration factors from those in the testing, adjusting, and balancing report. In accordance with LEED guidelines, NORESCO developed a measurement and verification plan to analyze the HVAC, building automation, and lighting systems in the facility. The project initially targeted LEED Silver, but was able to achieve LEED Gold certification. CITY OF FORT COLLINS — POLICE SERVICES FACILITY Fort Collins, CO Size 93,000 SF Owner/Client City of Fort Collins Recognition LEED Gold LEED® for New Construction™ v2.1 NORESCO Services LEED Fundamental and Enhanced Commissioning Measurement and Verification Plan Development Results f Fulfilled LEED EAp1 f Achieved LEED EAc3 Page 248 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 23 3. Project Approach 3. Project ApproachFirst LEED Platinum animal shelter in the U.S. Replacing a smaller, dated facility, the new Denver Animal Shelter not only has twice the square footage of the previous shelter, it also incorporates numerous energy-efficiency and sustainable strategies and technologies. To aid in the Shelter’s achievement of LEED Platinum, NORESCO provided LEED certification consulting, energy and daylighting modeling, LEED fundamental and enhanced commissioning, and LEED measurement and verification plan development. NORESCO’s LEED consultants guided the project team through the certification process from pre-design through construction, maintaining consensus by leading goal-setting sustainable design charrettes early in the process. During the design process, NORESCO analysts helped the design team weigh alternative strategies for improving building performance; reducing operating costs; and complying with energy- performance goals through detailed energy and daylighting modeling. Among the sustainable features within the facility are radiant floor heating, translucent skylight panels and a daylight harvesting lighting control system. As Commissioning Authority, NORESCO performed commissioning of the HVAC, lighting and daylighting controls, and domestic hot water systems. During the design phase of the project, NORESCO assisted with the development of the Owner’s Project Requirements and Basis of Design to identify and verify the achievement of design goals and requirements. Also in this phase, NORESCO performed design reviews to identify and resolve potential issues prior to construction. The review included identification of areas needing further clarification, potential commissioning testing issues, occupant comfort issues, maintenance and operational issues, and system sequence of operations. During the construction phase of the project, NORESCO and the project team actively formulated solutions to resolve issues. Of the issues NORESCO identified, the majority were resolved and the remaining issues were documented for resolution by the client and their contractors. All issues were entered into the issues database, tracked throughout the project and closed when they were resolved. To verify thoroughness and accuracy, NORESCO reviewed the testing, adjusting, and balancing report along with the operations and maintenance manuals. NORESCO also developed a measurement and verification plan in accordance with LEED EAc5 requirements. Subsequently, NORESCO conducted measurement and verification of the building, finding an annual energy savings of 28 percent. Size 35,467 SF Owner City and County of Denver Recognition LEED Platinum LEED® for New Construction™ v2.2 NORESCO Services LEED Certification Consulting LEED Fundamental and Enhanced Commissioning Energy/Daylight Modeling and Analysis Measurement and Verification Plan Development Measurement and Verification Results f 28% verified annual energy savings f 81% of occupants receive natural daylighting f 46% less potable water use due to low-flow fixtures f Fulfilled LEED EAp1 f Achieved points for EAc3 and EAc5 CITY AND COUNTY OF DENVER — ANIMAL SHELTER Denver, CO Page 249 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility24 | 3. Project Approach 3. Project ApproachState-of-the-art maintenance facility achieves LEED Gold certification The 33-acre Central Platte Service Yard was designed as a one-stop shop providing state-of-the-art facilities for Fleet Maintenance, Solid Waste Management, Street Maintenance, Traffic Engineering, and Right-of-Way Enforcement. The campus includes an office/ warehouse, a vehicle maintenance building, covered and heated a vehicle storage, fuel and wash facilities, and salt and magnesium chloride storage. As Commissioning Authority, NORESCO performed fundamental and enhanced commissioning of the HVAC, domestic hot water, lighting controls, and building automation systems on all four campus buildings. During the design phase of the project, NORESCO performed a design review to identify and resolve potential issues prior to construction. The review included identifying areas needing further clarification, potential commissioning testing issues, occupant comfort issues, maintenance and operational issues, and system sequence of operations. During the construction phase of the project, NORESCO and the project team actively formulated solutions to resolve issues. All of the 44 issues NORESCO identified were resolved. All issues were entered into the issues database, tracked throughout the project and closed when they were resolved. To verify thoroughness and accuracy, NORESCO reviewed the testing, adjusting, and balancing report along with the operations and maintenance manuals. As part of Xcel Energy’s Energy Design Assistance Program, NORESCO provided measurement and verifications services at the facility. Findings from this assessment showed that the building achieved energy cost savings of $73,960 annually. CITY AND COUNTY OF DENVER — CENTRAL PLATTE SERVICE YARD Denver, CO Size 104,820 SF Owner/Client City and County of Denver Recognition LEED Gold LEED® for New Construction™ v2.2 NORESCO Services LEED Fundamental and Enhanced Commissioning Measurement and Verification Results f Fulfilled LEED EAp1 f Achieved LEED EAc3 f Verified and documented building systems were properly installed and operating f $73,960 verified annual energy cost savings Buildings f Office/ Warehouse | 38,000 SF f Fleet Maintenance Building | 34,000 SF f Fuel/ Wash Facility | 2,400 SF f Heated Vehicle Storage Building | 13,420 SF Page 250 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 25 4. References 4. References4. References Since our inception, we have built strong relationships with many local Colorado municipalities, government agencies, institutions, and leading industry groups. We have partnered with cities across the nation and those listed throughout this response to develop and implement comprehensive solutions to their energy efficiency and infrastructure challenges that significantly reducing their energy expenditure and carbon footprint. Below we have included references for some of the most recent clients we have provided commissioning services for. These references listed below attest to the reliability of NORESCO’s professional staff and their ability to successfully deliver a wide range of commissioning projects both on-time and within budget. Sustainability Services for more than 200 buildings for the City and County of Denver Paul Sobiech Environmental Management System Coordinator City and County of Denver 720.913.4528 Commissioning Services for City and County of Denver — Denver Animal Shelter Dick Gillet Program Manager Jacobs Global Buildings North America 720.913.1676 Commissioning Services for City and County of Denver — Central Platte Service Yard Alfredo Esguerra Project Manager Jacobs Global Buildings North America 720.913.1678 Multiple Services for the Denver Museum of Nature and Science Jeff Joplin Capital Projects Manager Denver Museum of Nature and Science 303.724.0755 Commissioning Services for Colorado State University — Willard O. Eddy Hall, Richardson Design Center, Warner College of National Resources Addition Tony Flores (Steven Tony Flores Jr.) Project Manager-Construction and Planning Colorado State University 970.491.7110 Denver Museum of Nature and Science — Education and Collections Facility | Denver, CO (LEED Platinum) NORESCO provided LEED Fundamental and Enhanced Commissioning for this project. Page 251 of 353 This page is intentionally left blank. Page 252 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 27 5. Cost Proposal 5. Cost ProposalFEE BREAKDOWN PROPOSED PROJECT PHASES FEE Fundamental Commissioning Total Proposed Fee $24,575 ADD ALTERNATES: BREAKDOWN PRICING (NOT INCLUDED ABOVE) Add Alternate #1: Enhanced Commissioning $4,925 Add Alternate #2: Commissioning of Building Envelope $15,825 5. Cost Proposal NORESCO brings historical cost data, a strong understanding of the industry trends and forecast, as well as the expertise needed to accurately and efficiently budget the upcoming commissioning project requested by the District. NORESCO formally confirms that our pricing information reflects all services requested within the RFQP. We have provided our pricing information in the format requested in the RFQP below with clarifications immediately following along with our detailed breakdown of meetings. PROPOSED MEETINGS BREAKDOWN PROPOSED PROJECT PHASES QUANTITY OF SITE VISITS/MEETINGS Design Phase 4 Construction Phase 20 Occupancy Phase 2 Fee Clarifications 1. This Fee Proposal is based on: a. RFP from CBRE dated 8/28/17 b. Preliminary schedule given by CBRE c. Standard working hours (8am to 5pm) d. Open-shop (non-union, non-prevailing wage) professional services e. The equipment and associated sample rates provided in the chart above 2. Project Specific Exclusions: a. Attending, providing oversight or recording training b. Any work associated with the existing headquarters or parking garage. 3. For applicable testing failures, one re-test of equipment that fails testing is included for an assumed failure rate of 10% of equipment. 4. For the fire alarm and security and access control systems: NORESCO will witness a single iteration of the system’s test, performed by the appropriate testing agency using the local code mandated testing procedure for this system. 5. For the security and access control systems: NORESCO will witness a single iteration of each systems test, performed by the appropriate testing agency. Since these systems are proprietary in nature, the testing procedures will be developed by the installing contractor or other responsible party. 6. NORESCO’s sample rate is 10% of the total quantity of similar units (same type, same components and sequences, Page 253 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility28 | 5. Cost Proposal 5. Cost Proposale.g. fan coil units or VAV units) or 5 units minimum. Where there are less than five units, all units will be tested. Whichever units are not included in the sample will be tested by the contractors under their own direction, using the approved test procedures. 7. NORESCO will provide OPR templates to the owner as the means to assist the team with developing the OPR document and then review for completeness. 8. Witnessing of all pipe flushing and cleaning and/or duct leakage testing and cleaning is not included. 9. Scheduled tests not performed as a result of non- attendance or lack of/insufficient preparation by an installer, without at least 5 days prior notice to NORESCO of the delay, will be an extra at current NORESCO rates. 10. NORESCO will not attempt to verify the resolution, via a re-test or re-examination, of an established issue without written documentation of the corrective fix conducted by the contractor or other responsible party. 11. General Exclusions: a. Efficiency & capacity testing (beyond functional performance tests) of systems or equipment. b. The development of a detailed operating plan or an energy resource management plan. c. Witnessing of Factory Acceptance Testing (FAT). d. Any premium time work. e. Additional services requirements, including other LEED requirements, not explicitly identified. f. All environmental/hazmat assessment or remediation, including but not limited to, the removal or identification of any such substance. g. All design work or certification. h. Payment of contractor/manufacturer support costs for commissioning activities. i. All sales and use taxes are excluded. j. Any retainages for the performance of services. 12. This pricing is good for 90 days from the date of proposal. 13. This proposal is subject to mutually acceptable terms to be negotiated upon notice to proceed. City of Fort Collins — Police Services Facility | Fort Collins, CO (LEED Gold) Page 254 of 353 NORESCO | Proposal to Provide Commissioning Services to CBRE and City of Englewood on the New Police Headquarters Facility | 29 Proposal Forms Proposal Forms PROJECT MANAGEMENT GROUP Exhibit A – General Project Overview Commissioning Services City of Englewood Request for Qualifications/Proposals SD Drawings: https://cbre.box.com/v/epdhq-sdpkg SD Narrative: https://cbre.box.com/v/epdhq-sdnarrative Estimated Project Schedule: Refer to attached Master Project Schedule The Consultant represents that, prior to submitting a response to this Request for Proposal; they have carefully reviewed the enclosed documents. In addition, they are fully informed of the conditions under which the work is to be performed. The Consultant further represents, to the best of their availability, have satisfied themselves to the actual conditions of the premises and general site logistics, local code restrictions, and any other conditions affecting the completion of the intended work, as of the date of this RFP. Becoming part of the team immediately upon award to become fully integrated in all pre-construction activities will be a requirement of the awarded commissioning agent. Pre-construction activities will include budgeting, procurement lead time guidance, alternative material selection, schedule recommendations/advice, project planning, creative design solutions/options with the design team and full involvement from award through project execution. Attending design and project meetings should also be included. Bidder Signature: Company Name: ____________________________________________ Signed By: ____________________________________________ Title: ____________________________________________ Date: ____________________________________________ Business Address: ____________________________________________ Telephone: ____________________________________________ NORESCO, LLC Vice President and General Manager, Sustainability Services August 31, 2017 2540 Frontier Avenue, Suite 100 | Boulder, CO 80301 732.590.2232 Page 255 of 353 Page 256 of 353 Page 257 of 353 Point of Contact: Tim Flynn Manager, Sustainability Services 303.459.7405 | tflynn@noresco.com www.noresco.com Page 258 of 353 Project Summary Report Englewood Police HQ Generated Sep 26, 2017 by budget4cast.com 170925 Budget report Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Previous Costs to Date Total Costs to Date % Complete A B A+B C E H H+I (H+I) / (C+D+E+F+G) Project Total 26,946,549 0 26,946,549 2,216,598 1,700 627,355 782,012 35% Soft Costs 3,044,300 (20,200)3,024,100 2,216,598 1,700 627,355 782,012 35% 00 — Owner Costs 573,143 0 573,143 0 0 0 0 0% 01 — Planning and Permitting Fees 78,666 0 78,666 0 0 0 0 0% 02 — Tap & Utility Fees 50,000 0 50,000 0 0 0 0 0% 03 — City Use Tax 394,767 0 394,767 0 0 0 0 0% 07 — Owner/Relocation Costs 49,710 0 49,710 0 0 0 0 0% 10 — Design/Consulting Fees 2,471,157 (20,200)2,450,957 2,216,598 1,700 627,355 782,012 35% 11 — Design Team 1,616,039 0 1,616,039 1,590,970 0 424,323 551,461 35% 12 — Surveying 20,200 (20,200)0 0 0 0 0 0% 13 — Geotechnical 10,000 0 10,000 7,900 1,700 9,600 9,600 100% 14 — Environmental Consulting/Testing 0 0 0 0 0 0 0 0% 15 — Commissioning 0 45,325 45,325 0 0 0 0 0% 16 — Project Management 564,375 0 564,375 564,375 0 193,432 211,036 37% 17 — Misc Consulting Fees 60,000 0 60,000 53,353 0 0 9,915 19% 18 — Material Testing/Inspections 200,543 (45,325)155,218 0 0 0 0 0% Hard Costs 22,335,298 0 22,335,298 0 0 0 0 0% 20 — Construction Costs 21,054,250 0 21,054,250 0 0 0 0 0% 21 — Phase 1 Building Construction 18,641,250 0 18,641,250 0 0 0 0 0% 22 — Phase 2 Demolition/Site Improvements/Parking Construction 2,413,000 0 2,413,000 0 0 0 0 0% 30 — Furniture, Fixtures, & Equipment 1,281,048 0 1,281,048 0 0 0 0 0% 31 — Furniture 845,070 0 845,070 0 0 0 0 0% 32 — IT/AV Systems & Equipment 269,275 0 269,275 0 0 0 0 0% 33 — Security Systems 136,703 0 136,703 0 0 0 0 0% 34 — Interior Signage 30,000 0 30,000 0 0 0 0 0% Contingency 1,566,951 20,200 1,587,151 0 0 0 0 0% 90 — Contingency 1,566,951 20,200 1,587,151 0 0 0 0 0%Page 259 of 353 Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Previous Costs to Date Total Costs to Date % Complete A B A+B C E H H+I (H+I) / (C+D+E+F+G) Project Total 26,946,549 0 26,946,549 2,216,598 1,700 627,355 782,012 35% 91 — Project Contingency 1,566,951 20,200 1,587,151 0 0 0 0 0% Project Total 26,946,549 0 26,946,549 2,216,598 1,700 627,355 782,012 35%Page 260 of 353 Reallocations Report | Englewood Police HQ Englewood Police HQ Generated Sep 26, 2017 by budget4cast.com Type User Budget Code(s)Amount Date Description Notes Transfer donovan.nolan @ cbre.com FROM: 18 Material Testing/In… TO: 15 Commissioning 45,325.00 Sep 25, 2017 Added Commissioning to the project Transfer donovan.nolan @ cbre.com FROM: 12 Surveying TO: 91 Project Contingency 20,200.00 Sep 25, 2017 No Surveying Services needed Page 261 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Henderson DEPARTMENT: Public Works DATE: October 2, 2017 SUBJECT: Technology Consulting Services for Police Headquarters Building DESCRIPTION: Technology Consulting Services for Police Headquarters Building RECOMMENDATION: Staff recommends Council award, by motion, a Professional Services Contract in the amount of $27,150.00 with Acuity, Inc. for IT and AV Design Consulting Services for the Police Headquarters project. 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. Page 262 of 353 Council approved, by motion, a professional services contract with Adolfson & Peterson Construction for Construction Management and Pre-Construction services on June 19, 2017. Staff provided project updates at several study sessions in 2017. SUMMARY: The City, through our consulting project manager CBRE, prepared and distributed a Request for Proposal (RFP) to retain the services of a company qualified to perform IT and AV design services for the new Police Headquarters building. Services include design, development, procurement, administration, and project management of technology requirements. T hree proposals were received from qualified consulting firms. Staff is recommending awarding the design portion of this project at this time. Construction Administration Services may be added at a later date. 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 and City Staff discussed, in detail, all three proposals that were received by the due date. All three firms where determined to be highly qualified and final selection was based on submitted costs. Acuity, Inc. submitted the lowest qualified proposal and the selection team recommends them for this project. FINANCIAL IMPLICATIONS: Acuity's cost proposal for design, in the amount of $27,150, is the lowest cost proposal received for the design phase and the lowest total cost for both design and construction administration (see attached proposal tabulation). Ordinance No. 30, 2017 approved issuance of General Obligation Bonds. A 2017 budget page does not exist for this project. Funds are available in the project budget for Design and Engineering. See attached CBRE Budget Report. ATTACHMENTS: Proposal Tabulation Professional Services Contract RFP for IT/AV Acuity Proposal CBRE Budget Report Page 263 of 353 PROJECT MANAGEMENT GROUP Updated: 7/18/2017SF: 49,000 IT/AV SystemsCity of EnglewoodBuilding: EPHQFee Cost/SF Fee Cost/SF Fee Cost/SFDesign/Strategy 11,100$ 0.23$ 12,000$ 0.24$ 10,380$ 0.21$ Design Documents 12,450$ 0.25$ 18,000$ 0.37$ 28,545$ 0.58$ Procurement 3,600$ 0.07$ Inc -$ 2,595$ 0.05$ Fee Sub-Total: 27,150$ 0.55$ 30,000$ 0.61$ 41,520$ 0.85$ Estimated Reimbursables -$ -$ -$ -$ -$ Design Services Base Bid Total: 27,150$ 0.55$ 30,000$ 0.61$ 41,520$ 0.85$ Optional ServicesConstruction Administration 20,250$ 0.41$ 30,000$ 0.61$ 10,380$ 0.21$ -$ -$ -$ -$ -$ -$ -$ -$ Acuity Cator Ruma Rimrock Page 264 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA/17-33 Technology Consulting Services/Police Headquarters Building PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/17-33 Technology Consulting Services $ 27,150 This Professional Services Agreement (the “Agreement”) is made as of this 22nd, day of September 2017, (the “Effective Date”) by and between Acuity, Inc. (“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 265 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA/17-33 Technology Consulting Services/Police Headquarters Building executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. 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 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. Page 266 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA/17-33 Technology Consulting Services/Police Headquarters Building 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 the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. Page 267 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA/17-33 Technology Consulting Services/Police Headquarters Building (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 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 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 Page 268 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA/17-33 Technology Consulting Services/Police Headquarters Building 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 shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. Page 269 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA/17-33 Technology Consulting Services/Police Headquarters Building 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 directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 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 Page 270 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA/17-33 Technology Consulting Services/Police Headquarters Building 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. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 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. Page 271 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA/17-33 Technology Consulting Services/Police Headquarters Building (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 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 Page 272 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA/17-33 Technology Consulting Services/Police Headquarters Building 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. 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 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. Page 273 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA/17-33 Technology Consulting Services/Police Headquarters Building 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 suppliers 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 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. Page 274 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA/17-33 Technology Consulting Services/Police Headquarters Building IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ___________________________________Date:___________ (Department Director) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk ______________________________________ (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ Page 275 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA/17-33 Technology Consulting Services/Police Headquarters Building SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Acuity, Inc. and The City of Englewood executed a Professional Services Agreement, dated October 2, 2017, for Technology Consulting (IT and AV Services) for the new Police Headquarters Building located at 3615 S. Elati St. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS For Acuity Matt Hendrick Project Manager For City of Englewood Donovan Nolan CBRE Project Manager 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Technology Consulting Services for Englewood Police Headquarters Building per RFP dated June 26, 2017 and per Acuity response to RFP dated June 30, 2017. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES IT/AV Consulting Services and deliverables as described in RFP noted above. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT Payment by check or electronic transfer per conditions of Purchase Order. 9. PAYMENT SCHEDULE Monthly payments. 10. SCHEDULE AND PERFORMANCE MILESTONES Per RFP and in coordination with design/construction team requirements. 11. ACCEPTANCE AND TESTING PROCEDURES Acceptance per “Scope of Services” in RFP. Page 276 of 353 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA/17-33 Technology Consulting Services/Police Headquarters Building 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Aurora, Colorado. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ____________________________________ Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 277 of 353 PROJECT MANAGEMENT GROUP 26 June 2017 Professional Services – IT & AV Design City of Englewood – Police HQ Request For Proposal To Whom It May Concern: On behalf of the City of Englewood (Owner), CBRE is pleased to invite your firm to submit your proposal for IT & AV design services associated with the design and construction of the new Police Headquarters project at 3615 S Elati in Englewood. It is the intent of this RFP process to identify and engage the most qualified consulting firm to assist the Owner in the design, development, procurement, administration, and project management of technology requirements. It is the intent of CBRE and the City to select a consultant on the basis of your response to the enclosed Request for Proposals and subsequent interviews if needed. In this RFP process, one technology consulting firm will be selected to provide the above defined services. The chosen consulting firm will not be eligible to participate in any future bidding for the equipment and/or labor to build the systems or other technology components of the project. Responses are due 1:00PM (MDT) on July 6, 2017. Included in this Request for Qualifications are the following documents: Exhibit A – General Project Information Exhibit B – Proposal Guidelines & Scoring Criteria Exhibit C – Scope of Services Exhibit D – Not Used Exhibit E – Insurance Requirements Attachment 1 – Master Schedule Please review the enclosed information and submit your responses in electronic format to Donovan Nolan (Donovan.nolan@cbre.com). I encourage you to direct any questions that you might have via email to preserve the competitiveness and integrity of the proposal process. Phone calls or direct contact with the Owner or Owner’s staff may disqualify the candidate, at the Owner’s option. I respectfully request your proposal follow the guidelines as outlined in the enclosed documents. Sincerely, Donovan Nolan Page 278 of 353 PROJECT MANAGEMENT GROUP Exhibit A – General Project Information IT & AV Services City of Englewood Police HQ Request for Proposal Page 2 of 12 06/23/17 Project Procurement Schedule:  22 Jun 17 Issue RFQ for A/E services  29 Jun 17 Deadline for RFQ questions & confirmation of interest to CBRE (4PM)  30 Jun 17 Answers issued  06 Jul 17 Responses due Owner Background: The community of Englewood voted to pass the 2016 bond to build a new police and safety services building. The existing Public Safety Services Complex was built in 1972 to serve as a dual purpose facility for the police department and fire department. Historical documentation related to the facility is limited though there have been minor additions and repairs to maintain the facility. The fire department facility currently is not planned to be renovated and must maintain its location on the site. The Englewood Police Department, with a current staff of approximately 105, has grown substantially since that time though the amount of space they occupy has not changed. The existing facility lacks appropriate security design, needs significant facility repairs, does not comply with ADA regulations or police facility standards, and creates significant liability and litigation risk for the City. Based on the City’s landlocked status, growth will be moderate and driven primarily by density rather than annexation. As a result, the police department is not expected to significantly increase the number of officers. However, the condition of the current facility, the use of off-site storage and multiple buildings for offices, and changes in police regulations over the past 44 years has created a question of how to best to address the needs of the police department going forward. Project Team:  Owner City of Englewood John Collins, Chief of Police David Henderson, Director of Public Works  Owner’s Representative CBRE Donovan Nolan, Sr. Project Manager  A/E Design Team DLR Group  CM/GC A&P Construction Project Description: CBRE is working with DLR Group and A&P to create the design and GMP cost for the new HQ project. The current site will be the location of the new facility and initial evaluations on building around the existing site constraints have been evaluated which should allow the new building to be built without demolishing the existing. This will be considered Phase 1 of the program. Phase 2 will consist of the demolition of the existing and building secured parking in its place while coordinating the Fire station into the overall flow. The closest portion of the lot to the east of Elati (Miller Park) can be utilized for temp parking and construction storage to help during the construction process. Page 279 of 353 PROJECT MANAGEMENT GROUP Exhibit A – General Project Information IT & AV Services City of Englewood Police HQ Request for Proposal Page 3 of 12 06/23/17 Estimated Project Cost: The preliminary budget costs are broken down as follows:  IT Systems - $145,000  A/V Systems - $124,275 The building is based on a 49,000 square foot building and the parking structure would need 126 stalls. The schematic design documents are complete and can be obtained through the links below. These budgets are preliminary based on limited design information. The selected consultant will be expected to design systems that closely match these budgets or provide options that would better meet the Owner’s desires. SD Drawings: https://cbre.box.com/v/epdhq-sdpkg SD Narrative: https://cbre.box.com/v/epdhq-sdnarrative Estimated Project Schedule: Refer to attached Master Project Schedule Page 280 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines IT & AV Services City of Englewood Police HQ Request for Proposal Page 4 of 12 06/23/17 This RFP is for technology consulting services. This document contains the instructions governing the proposal to be submitted, general specifications that must be met to be eligible for consideration, proposal format, general selection criteria, and other requirements. All information provided herein is to assist the consultants in understanding the City’s requirements. The consulting firm is expected to propose and/or develop a response based on their experience and expertise. The Term of the proposed contract will be through project completion. Contract start date will be no earlier than July 10, 2017. Contract start date will be determined upon contract execution. Awarding of contract shall be based upon, but not limited to, the factors listed below, not necessarily in the order of their importance:  Technical knowledge  The consulting firm’s previous experience with the CLIENT  Cost  Reputation, references, and experience of the consulting firm  Resumes of project team  Overall responsiveness to RFP The Consultant represents that, prior to submitting a response to this Request for Proposal; they have carefully reviewed the enclosed documents and inspected the site of the proposed work. In addition, they are fully informed of the conditions under which the project is to be designed and work performed. The Consultant further represents that they have satisfied themselves to the actual conditions of the premises, existing construction, actual elevations, site logistics, local & state code restrictions, and any other conditions affecting the design and completion of the intended work. It being hereby understood, and agreed, that no other considerations will be allowed subsequent to the Consultant’s response to this Request for Proposal by reason of error, or oversight, on the part of the Consultant. Please format your submittal to include the items specifically requested below. Please be thorough in addressing the items but note that the Owner is also looking for a team member that can communicate effectively and efficiently. Please organize your submittal using the section numbers and names below. The following qualifying data shall be submitted with your proposal for evaluation purposes: Organization 1. Discuss your firm's approach to providing the types of services required in this scope of work. 2. If a corporation, state Date of Incorporation, State of Incorporation, President’s Name. If a partnership or professional association, include date of organization and name and address of all partners (state whether general or limited partnership) or professionals. If other than corporation, partnership, or professional association, describe organization and name principals. 3. What year was your company founded? Page 281 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines IT & AV Services City of Englewood Police HQ Request for Proposal Page 5 of 12 06/23/17 4. How many full-time employees are in your firm? 5. Is your firm comprised solely of full-time employees of the firm? If not, explain (independent contractors, etc.) 6. Does your firm provide professional service exclusively? If not, what other services does your firm provide? 7. Does your company supply and/or install technology or technology hardware? Do you have any relationships or other subsidiary companies, partner companies that do? NOTE: any firm awarded the professional services contract to design and procure the technology systems, will be prohibited from selling or installing the technology systems for the project. Technical depth and skill set 1. Please tell us your proposed staff and if you will fulfill the project with full-time employees or use sub- contractors. 2. Please review the list of technical, functional, and project management skills as defined in the scope of work and discuss your organization’s ability to satisfy these needs. 3. How many RCDDs do you have as full-time employees of your firm? How many CTS’s, CDCDs? PMPs? 4. List all other relevant certifications that your employees have: 5. Please describe the breadth and depth of your firm’s technical expertise to handle a project of this size and pace. 6. Do you have the experience in delivering projects in the most recent AUTOCAD/REVIT software versions (i.e. REVIT 2017)? Experience 7. Do you have any previous experience performing design/professional services only on this type of work? Please provide details of that previous work. 8. Provide a minimum of five project references for jobs that were similar in size to this project. Include the name of project, description of project, owner, owner’s representative, address and phone number. Make sure one of those projects is a Public Safety / Police Department project for a City and all five projects are within the last 3 years. Page 282 of 353 PROJECT MANAGEMENT GROUP Exhibit B – Proposal Guidelines IT & AV Services City of Englewood Police HQ Request for Proposal Page 6 of 12 06/23/17 9. Include resumes of the key individuals of your organization which would be assigned to this project should you be awarded the business. 10. List any outstanding legal actions pending with your organization. 11. Professional Fees - Provide a list of job tasks and their associated hourly rates. Further, provide a Not to Exceed fee based upon the defined scope of work. Include any assumptions regarding billing for travel time (if any). Failure of the candidate to provide any information requested in the RFP may result in the disqualification of the submitted proposal. Owner reserves the right to select any or reject any and all submission in its best interest. The Owner also reserves the right to pre-qualify any or all proposers or reject any or all proposers as unqualified, including without limitation, the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional, qualifications. Likewise, the Owner also reserves the right to re-solicit, waive all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the apparent successful candidate. Page 283 of 353 PROJECT MANAGEMENT GROUP Exhibit C – Scope of Services IT & AV Services City of Englewood Police HQ Request for Proposal Page 7 of 12 06/23/17 The consulting firm is responsible for providing the services listed below. At the direction of the project manager, the chosen consulting firm will assist the project manager and team in providing the following services for Cabling (inside and outside), Technology Rooms (Data Center, IDFs, Risers), Voice Systems, Data Networks (LAN/WAN), IBS (Wireless, meeting rooms systems), A/V Infrastructure and Systems, and Telco services: Phase I- Technology Strategy / Design 12. Assess the overall technology needs of the project in areas of technology spaces, cable plant, voice systems, data network, telco services, audio/visual systems, and technology migration planning. 13. Create technology budget and schedule; incorporate into overall construction budget/schedule. 14. Create Standard specification and design/RFP templates for consistency within the Owner network. 15. Review individual Owner staff needs and create/customize designs and specifications to maximize performance and minimize cost at each location. 16. Review facility plans for new technology spaces (including closets). These reviews should include elements such as fire suppression, power, and air-conditioning needs, space planning, network, infrastructure, etc. to support new technology. 17. Identify all current technology options and recommend appropriate technologies; 18. Develop and prepare schematics and designs for applicable technologies. 19. Participate and advise on value engineering opportunities. 20. Coordination with Architect designs and participate in bi-weekly design meetings and periodic design review meetings. Phase II- Detailed Design / RFP Documentation 1. Finalize designs of technology systems. 2. Designate equipment/solutions that meet City of Englewood requirements. 3. Coordinate design with FF&E layouts and designs. 4. Finalize technology schedule and budget 5. Finalize migration/implementation strategy. Page 284 of 353 PROJECT MANAGEMENT GROUP Exhibit C – Scope of Services IT & AV Services City of Englewood Police HQ Request for Proposal Page 8 of 12 06/23/17 6. Prepare Requests for Proposals and Scope of Work Documents to procure applicable technology systems and vendors. 7. Distribute to pre-qualified vendors and manage bidding process. 8. Participate in weekly design/construction coordination meetings. Phase III- Selection 1. Review RFP responses from bidders. 2. Prepare written analyses of bid responses. 3. Assist in final contractor/vendor/service provider selections. 4. Participate in weekly design/construction coordination meetings. Phase IV: Project Management 1. Attend all required project meetings in Englewood either in person or via conference call. 2. Supervise and coordinate installation of all applicable technology systems ensuring adherence to design, cost and schedule. 3. Participate and advise on value engineering opportunities. 4. Advise City of Englewood regarding material availability and lead times. 5. Maintain project schedule. 6. Maintain project budget. 7. Conduct site inspections to ensure compliance with technology design and implementation strategy. 8. Execute Migration Plan as designed (if applicable) 9. Review test results and verify system turn-over/acceptance 10. Participate in weekly construction coordination meetings. Page 285 of 353 PROJECT MANAGEMENT GROUP Exhibit E – Insurance Requirements IT & AV Services Englewood Police HQ Request for Proposal Page 9 of 12 06/23/17 The Consultant shall maintain liability insurance having the following minimum coverage and provisions: 1. Consultant’s minimum insurance requirements shall include the following limits of coverage throughout the life of the project: Under Section B Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Under Section C Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Public Liability and Property Damage Insurance: The Contractor shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective Liability and Property Damage Insurance. Such insurance shall provide limits not less than those called for in these Special Provisions. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the contract: (l) Contractor's own automobile and trucks. (2) Hired automobiles and trucks. (3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. Workers Compensation: 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 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. Page 286 of 353 PROJECT MANAGEMENT GROUP Exhibit E – Insurance Requirements IT & AV Services Englewood Police HQ Request for Proposal Page 10 of 12 06/23/17 Liability: The Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, in any way resulting from or arising out of the operation in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Contractor or his sub-contractors. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to: Procurement Division: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 With an additional copy sent to: Benefits and Risk Division: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Other Insurance: 1. The Contract, or another document referenced under this Request for Proposal, may contain additional insurance requirements for coverage from the Consultant. Consultant may also carry such other insurance as the Consultant deems necessary (auto, physical damage, builders risk insurance, etc.). All such insurance shall include a waiver of the insurer’s rights of subrogation against Client and CBRE, Inc., and all subsidiaries. Page 287 of 353 PROJECT MANAGEMENT GROUP Exhibit E – Insurance Requirements IT & AV Services Englewood Police HQ Request for Proposal Page 11 of 12 06/23/17 2. Consultant may be required to submit payment and performance bonds covering the faithful performance of the Consultant and the payment of all obligations arising thereunder, in such form and with such sureties as are satisfactory to Client and CBRE, Inc. 3. Consultant and sub consultants shall add, by endorsement to its policies of insurance, except for Workers’ Compensation Insurance, Owner, CBRE, Inc. and all subsidiaries as additional insureds using the following language: Owner, CBRE, Inc., and all of their subsidiaries, agents and employees, are Additional Insureds jointly and/or severally, regarding any coverage afforded by this policy with respect to services and/or materials performed, furnished or supplied on, for or to such Contract. This insurance shall be primary with respect to any other insurance available to such additional insureds, and shall be endorsed in a manner that will prohibit the Contractor’s insurers from seeking contribution from such insurance of the additional insureds. 4. Failure to secure and maintain or add, by endorsement, CBRE, Inc. and Owner and/or all subsidiaries, agents, and employees shall not act as a defense to the enforcement of the terms of this Contract. Any such insurance policy shall apply separately to each insured against whom the claim is made or suit is brought and shall contain no provision which excludes coverage of a claim made by one insured under the policy against another insured under the policy. 5. Prior to commencement of any work or services, and prior to or concurrent with execution of a contract, Consultant shall furnish Owner, with copy to CBRE, with: a. Endorsements to Consultant’s liability insurance policies, naming City of Englewood and CBRE, Inc. and all of their subsidiaries, agents and employees, as additional insureds, b. Certificates of Insurance or copies of insurance policies indicating that the minimum insurance limits described below have been met, c. Endorsements to Consultant’s liability insurance policies by which the insurance carriers agree to provide at least thirty (30) days’ prior written notice of cancellation or any change in such policies. 6. Prior to issuing the Certificate of Insurance, the Consultant and/or Consultant’s Agent shall review the certificate and comply with the following criteria: a. The certificate must be issued with an original signature or original initials of the signor. b. The additional insured must be on a separate endorsement, CG20101185, “Form B”, or equivalent. Form A is not acceptable. c. The “Primary Wording” must appear on Form B endorsement or as a separate endorsement: “The insurance afforded by this policy to the person or organization listed above is Primary Insurance and any other insurance available to such person or organization is Non-Contributory.” d. Automobile – coverage for owned, hired or non-owned vehicles. e. The certificate must include the separate 30-day notice of cancellation endorsement. If the Contractor’s Insurance Company will not include the 30-day cancellation endorsement, then the Page 288 of 353 PROJECT MANAGEMENT GROUP Exhibit E – Insurance Requirements IT & AV Services Englewood Police HQ Request for Proposal Page 12 of 12 06/23/17 Carrier must strike the wording: “endeavor to” … “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.” f. Contractor’s Carrier must be rated in the Best Guide as “A-X” or above. Indemnification: Consultant agrees to defend, indemnify and hold harmless Owner and CBRE, Inc. against any claims, damage, losses, expenses and attorney’s fees arising out of this Contract, or performance of the Work by Consultant or consultants hired by Consultant, except for liabilities caused by the intentional or negligent acts or omissions of Owner or CBRE, Inc. Page 289 of 353 Page 1 of 34 Proprietary and Confidential June 30, 2017 TECHNOLOGY CONSULTING SERVICES PROPOSAL Prepared For: City of Englewood, CO For Technology Design & Consulting Services Cabling and AV Systems for 49,000 SF Police Department Facility Maximize Technology Performance. Minimize Costs. Realize Efficiency Benefits. Page 290 of 353 Page 2 of 34 Proprietary and Confidential June 30, 2017 Acuity Contact Info: Randy Shaw Principal rshaw@acuity-usa.com 469-533-3134 direct 214-534-4123 mobile Denver Office Address: 5603 S Coolidge Ct Aurora, CO 80016 Corporate Office Address: 5055 Keller Springs Ste. 250 Addison, TX 75001 www.Acuity-USA.com Table of Contents Executive Summary………………….…………………………Page 3 About Acuity………………..…………………….……..…….…Page 4 RFP Response Requirements….……………….…..…..…Page 7 Relevant Experience.............................................Page 15 Acuity Project Team Resumes.………..….………………Page 20 Project Process & Delivery.………..….……………………Page 25 Fee Proposal…………………………………………..............Page 30 References…………...………………………………….…………Page 33 Why Acuity……………………………………………….………..Page 34 Page 291 of 353 Page 3 of 34 Proprietary and Confidential June 30, 2017 Executive Summary We thank you for the opportunity to offer this proposal for The City of Englewood, CO. One of the greatest rewards from our line of business is being a critical team member on significant projects that greatly impact the future growth and prosperity of organizations like yours. Exceeding your expectations is one of our core company philosophies and a common theme you will hear throughout our partnership. The Acuity team has been designing and implementing leading solutions for clients every day for the last 16 years with over 225+ years combined experience at your disposal. We not only know the technology solutions available, but we have real-life experiences in deploying them in many different environments. We have first-hand knowledge of products/solutions’ capabilities and limitations, costs, life cycle, compatibility, and how they can best support your business. My vision as founder of this company was to build a world-class consulting firm that leads the industry in innovation and sets the standard for customer satisfaction, quality, and value-driven results. I am very pleased that after sixteen years we have grown from a local Dallas firm to a nationally recognized leader with a global project footprint of satisfied clients. We are very experienced in delivering technology systems for major client office spaces and bring a lot of experience of their particular needs and requirements. As such, we can provide beneficial information for The City of Englewood to make important technology decisions. We are very proud of moving Land America’s headquarters and global data center in Virginia through Tropical Storm Ernesto without disruption, or the ToTAL 290,000 SF headquarters when Hurricane Rita shut down the entire city of Houston, or relocating McAfee’s 350,000 SF World Headquarters in San Jose in just six months, or Fossil’s 535,000 SF Dallas Headquarters and data center in just ten months. We want to add another great story…of successfully designing and managing the implementation of Structured Cabling and Audio Visual Systems for City of Englewood’s new Police Department Facility by January 2019. We are eager to work with you, grow that relationship and build another ‘Client for Life’ like our others including VHA, Southwest Airlines, Cisco, McAfee, FedEx, The Container Store, Fossil, Chevron, Siemens, Samsung and many others. We are tremendously excited about the possibilities and we remain hopeful for a continued partnership. David B. Haley President Page 292 of 353 Page 4 of 34 Proprietary and Confidential June 30, 2017 About Acuity About Acuity Acuity founded in 2001, is one of the largest and leading independent technology consulting firm based in the United States. Our core business is planning, designing and managing the implementation of complex technology solutions for Corporations, Leading Technology Firms, World-Class Universities and Medical Centers. Our team brings a holistic perspective to IT projects through our training, experience, and diverse technical backgrounds. Our Services We are an independent technology consulting firm focused on new builds, consolidations/expansions, and relocations; complementing the core Project Management and Design/Construction Service offering. The Acuity service offering includes: Master Planning, Needs Assessments, IT component of Real Estate Strategy Data Center / Call Center / Lab / Technology space design Ductbank & Communications Design, Voice & Data Network design, Security and A/V Systems design Technology Budgets, RFP Development & Evaluation, Migration Planning, and Technology Project Management Our Process Acuity has a team of certified experts with hands-on experience to support the IT components of Real Estate projects in any industry throughout the United States and abroad. Our process includes: We work hand-in-hand with our clients’ IT and Facility stakeholders and the PM, Architect ,MEP, and GC to ensure all of the technology requirements are designed the most efficient way possible, procured to ensure the best price, and implemented to ensure peak performance. We specialize in this - it is what we do all day, every day, for clients like Cisco Systems, McAfee, AMD, Siemens, Samsung, EMC, Fossil, AT&T, Deloitte, FedEx Kinko's, The Container Store, Pizza Hut, Rent-A-Center, FINA/ToTAL Petrochemical, and many others. ASSESS STRATEGIZE PLAN DESIGN MANAGE Discovery Risk Analysis Remediation Requirements Short-Term Long-Term Optimization Standards Action Plans Modeling Cost-benefit Analysis Integrate Real Estate & Technology Decisions Risk Management Schedules Installation Page 293 of 353 Page 5 of 34 Proprietary and Confidential June 30, 2017 Acuity Expertise ¥ Office, Labs, Data Centers ¥ Cable Infrastructure ¥ Networks / Voice / Data ¥ Telco ¥ Audio Visual ¥ Physical Security Acuity Services ¥ Assessments ¥ Budgets ¥ Schedules ¥ Designs ¥ Procurement ¥ Project Management Acuity Support ¥ New Builds ¥ Consolidations ¥ Coordination ¥ Negotiating ¥ Relocations Acuity Certifications ¥ RCDD – Registered Communication Distribution Designers IT Schedule 70 Contract ¥ CDCD – Certified Data Center Designers ¥ PMP – Project Management Professionals ¥ CTS – Certified Technology Specialists ¥ LEED GA – Green Associate ¥ iNarte Professional Page 294 of 353 Page 6 of 34 Proprietary and Confidential June 30, 2017 Acuity Services/Expertise The following technology skills are utilized both locally and nationally across a variety of business types and industries including private and public sector operations such as: financial, legal, manufacturing, distribution, healthcare, real estate, technology, higher education, energy, and advertising. Infrastructure • Data Centers, MER(s), & Technology Spaces • Structured Cabling, Raised Floor Systems, Cable Tray Layouts, & Cable Management Systems & Pathways • Rack and Cabinet Design • HVAC, UPS, and Fire Suppression System Requirements • Outside & Inside Plant Fiber Optic Designs • Disaster Recovery Centers & Telco Hotels • Assessments Audio Visual Systems • Executive Boardrooms and Conference Rooms ¥ Huddle Rooms, Collaborative Spaces, Lobby & Common Areas ¥ NOCs, Video Walls, Digital Signage Security Systems • Access Control - Biometrics, Keypad, Proximity Readers • CCTV - Pan Tilt Zoom, Digital Recording, Fixed Cameras, Heat / Motion Detection Data Center Commissioning • Procedures for Testing • Monitor & Document Testing • Training & Documentation for Client Personnel Voice Systems & Telco Services • Traditional PBX & Voice over IP (VoIP) • Call Center & Trading Turrets • Paging & Wireless Design • Predictive Dialing and Call Accounting Systems • Local, Long Distance, & Internet Service Needs § Vision Mapping the proper types and sizes of voice, data, and internet circuits § Ordering and implementation of the proper voice, data, and internet circuits Data Systems • LAN / WAN • Disaster Recovery • Bandwidth Management, Needs Assessments & Acquisition Strategies • Storage Area Networks (SAN) and Network Area Storage (NAS) Page 295 of 353 Page 7 of 34 Proprietary and Confidential June 30, 2017 RFP Response Requirements Organization 1. Discuss your firm's approach to providing the types of services required in this scope of work. Acuity has executed hundreds of projects similar to the City of Englewood New Police Headquarters Project over the years. Our design philosophy and project methodology is simple – a team approach. Details, high quality designs, efficiency and experience reside in a process with a proven track record for success that yields consistent and repeatable results. Using this philosophy and project approach we provide the precision and strategic vision to implement the best technology solutions and infrastructure for efficiency, reliability, and flexibility critical to supporting the dynamic changes you will face for the coming decades. We have outlined that process below. Technology Strategy/Conceptual Design In this phase, we will discover your project needs and priorities, which will create the framework for the project strategy, design, procurement and implementation. Based upon the technology inventory you provide us, we combine our expertise and experience to formulate a clear project vision and convert that vision to a conceptual design and architectural technology plans with budgets, ROI figures and schedules. This includes preparing preliminary technology room/space design, and (as applicable) technology systems including cabling, voice, data network, security, access control, AV and other technology system requirements. Design / Requirements Documentation Once the vision, conceptual design, and budget for the project are documented and defined, drawings and configurations for each technology element are created for the Bid Specification phase. In addition, all of the technology design is documented, coordinated and integrated into the overall architectural design package for construction. We ensure that the technology systems design supports and complements the overall facility design of the project. The Specifications and Requirements document is complete with technical requirements and include chosen product name, part numbers, descriptions, quantities, drawings, diagrams, and photographs as needed to help vendors fully understand the requirements. This ensures select vendors the ability to procure the best solutions possible at the best price for the project. Page 296 of 353 Page 8 of 34 Proprietary and Confidential June 30, 2017 Bid (RFP) Analysis & Recommendation(s) Acuity will review and present to The City of Englewood our findings from vendors’ responses. Evaluations are based on quality, price and availability. A summary of the detailed response spreadsheet in either Microsoft Word or Excel is typically presented with a recommended course of action. Technology Project Management This is the results phase. Our value is in identifying and resolving opportunities before they impact the project timeline or budget. Throughout the process, we will work closely making sure the applicable technology aspects for the project are represented during construction and implementation. Acuity will perform site inspections to monitor applicable technology vendors for compliance to contracted deliverables and milestones. Acuity will perform site inspections of work and handle appropriately any change orders that may become necessary. Then, we will review and reconcile final invoices against original contract and agreed change orders prior to submittal to The City of Englewood. We review vendor test results, prepare punch lists and work this list until completion by the technology vendors. 2. If a corporation, state Date of Incorporation, State of Incorporation, President’s Name. If a partnership or professional association, include date of organization and name and address of all partners (state whether general or limited partnership) or professionals. If other than corporation, partnership, or professional association, describe organization and name principals. Acuity is a privately held corporation, Incorporated in the State of Texas in 2001. David B. Haley is President and CEO. 3. What year was your company founded? 2001 4. How many full-time employees are in your firm? Acuity has 16 Full Time Employees 5. Is your firm comprised solely of full-time employees of the firm? If not, explain (independent contractors, etc.) Yes. Acuity is comprised solely of full time employees. All employees are full-time employees of Acuity and will perform the project in its entirety. No sub-contractors/sub-consultants will be used. Page 297 of 353 Page 9 of 34 Proprietary and Confidential June 30, 2017 At Acuity, we believe sub-contracting and sub-consulting limits Acuity’s control, both in terms of quality of work and integrity. Our reputation for excellence and for irreproachable integrity is far too valuable to trust to anyone but fulltime employees of Acuity. Only Acuity employees have ever performed work for our clients and the City of Englewood project will be no exception. 6. Does your firm provide professional service exclusively? If not, what other services does your firm provide? Yes. Acuity only provides professional services and serves as an independent and unbiased technology expert to our clients. Our sole focus is being an advocate for our clients and their business/project needs and objectives. 7. Does your company supply and/or install technology or technology hardware? Do you have any relationships or other subsidiary companies, partner companies that do? NOTE: any firm awarded the professional services contract to design and procure the technology systems, will be prohibited from selling or installing the technology systems for the project. No. Acuity does not have any relationships or other subsidiary companies, nor partner companies that supply similar Technology services or Technology hardware. Technical depth and skill set 1. Please tell us your proposed staff and if you will fulfill the project with full-time employees or use sub- contractors. Name Project Role John Petty, RCDD Project Principal Matt Hendrick, CDCD Project Manager Matt Morroni, RCDD Project Designer Chance Sutton, RCDD, DCD Project Designer Todd Montgomery AUTOCAD/REVIT Designer Acuity is comprised solely of full time employees that will perform the project in its entirety. Resumes for Acuity’s Proposed Team for the project are listed on pages 20-24 of this proposal. Page 298 of 353 Page 10 of 34 Proprietary and Confidential June 30, 2017 2. Please review the list of technical, functional, and project management skills as defined in the scope of work and discuss your organization’s ability to satisfy these needs. Technical - As one of the top technology consulting firms in the U.S we are frequently invited to sit on panels at Emerging Technology Forums, to propose, evaluate and comment on current and future technology solutions and their real-world feasibility. Through the evaluation process we help reconcile new products with anticipated technology trends, giving us knowledge of future direction that is unparalleled. With this insight, we design, procure and oversee the implementation of a wide array of technologies every day for clients. A background of 225+ combined years of experience in the industry, training and innovation – no one matches the expertise Acuity brings to the table. Functional – Our proven project process allows us to work well within the project team (client stakeholders, PM, Architect, MEP, GC, technology vendors, etc.) to ensure the technology systems designed, budgeted, procured and installed at the end of the project, are done so to meet the clients needs that were stated at the beginning of the project. We understand the technology and the process of helping The City of Englewood capture, document, and budget for that vision. With our technical expertise and experience we effectively coordinate and document the design packages with all the design and construction team members to successfully integrate the technology into the facility as w whole. Management Skills – We understand that getting to the finish line as a cohesive team is critical to a project being considered successful. We are well versed in the many different languages of the various team members including the client (Stakeholders, Facilities, IT, Executive), PM (schedule, budget), Architect (design and IT integration with overall vision captured in the design documents), MEP (converting IT requirements into their language of Power, cooling, grounding, loads, locations, capacities, etc.) and the GC and IT vendors doing the installs (constructability of the design and coordinated and properly sequenced job site amongst the various trades). By speaking all of these languages, and having the experience from thousands of projects, we understand what to look for (and look out for) and how to effectively communicate amongst the team members to help make a smoother and more successful project process and execution. 3. How many RCDDs do you have as full-time employees of your firm? How many CTS’s, CDCDs? PMPs? Acuity has eight (8) RCDDs, one (1) CTS, three (3) CDCDs, and one (1) PMP. 4. List all other relevant certifications that your employees have: Acuity prides itself on training and continuing to lead the industry in knowledge and expertise on available technologies. We have provided a separate list as Attachment A to this Proposal. Page 299 of 353 Page 11 of 34 Proprietary and Confidential June 30, 2017 5. Please describe the breadth and depth of your firm’s technical expertise to handle a project of this size and pace. The City of Englewood needs a Technology Consulting partner that offers integrity, transparency and flexibility. In addition to helping align IT with business objectives, we understand that gaining and keeping trust is our top priority. The integrity of the company entrusted with mission critical IT operations is as important as the expertise. Our company values serve as our compass, providing direction for all our team members so we may better serve our clients. We take pride in everything we do, do what has to be done, hold ourselves to higher standards, make commitments, keep promises, and finish what we start…on-time and on-budget. This is why the ACUITY team has been entrusted with thousands of mission critical IT projects. Our values dictate our actions, and our actions translate into success. We believe that our success is measured by each satisfied client served and each successful project completed. From that stable and trusted foundation, we provide the staff experience, manpower, management strength, resources and expertise (detailed below); to be the ideal Technology Partner on this project. Staff Experience Acuity has unmatched knowledge and training, field-experienced designers, and a focus and sense of urgency fueled by our determination to make you a client for life. Nearly all of our consultants have real life experience installing and working in the field. Very few, if any, of our competitors have a staff with this valuable combination of technical expertise and field experience. Acuity has extensive experience working with the CBRE team on many projects. We are perfectly positioned to meet this project’s needs and be successful. Manpower Acuity has five (5) members of our staff assigned to the The City of Englewood project, plus additional consultants that could be allocated should the need arise. Vacations, sickness, and other life situations inevitably arise, but Acuity has the team with the breadth and depth to deliver without interruption maintaining excellent project quality and continuity. We know we can meet the schedule, as we have every other project since Acuity was formed. Acuity also has dedicated full-time employees handling Sales, Marketing, Finance, HR, Administration, and Training & Development. These resources are investments Acuity has made in our team to be the best for our clients. This allows our consultants to attend solely to our clients’ project and needs and focus on their success. Management Strength By management design, Acuity has assembled a strong, cohesive team, with an average of 17+ years of experience. Our management style and therefore our strength is our company mission to be great, not good. Many consultants serve only as sounding boards or to execute tasks. We take accountability and drive the project by collaborating with the project team to a successful conclusion. This often requires Page 300 of 353 Page 12 of 34 Proprietary and Confidential June 30, 2017 pushing others to do what is right and best and not always convenient and easy. The Acuity compass, our logo on our sleeve points to us for a reason. It reminds us it is our job to lead the way to a successful project, whatever it takes. Resources – Acuity has more RCDDs (8) than most any other design firm. We have more depth of in-house certified technical expertise and more breadth of expertise across a wide range of technologies (cabling, infrastructure, duct bank, fiber backbone, data centers, voice systems, networks, security/access control, telco, etc.) Our office and the technologies/approaches that we utilize in house (VoIP, IP Access Control, PoE, Lab Area’s) represents the difference that comes from working with Acuity. We live the adage that “seeing is believing”; so a quick tour of our facility versus any of our competition in the state of Texas provides a stark differentiation between theory and actual practice. Expertise – Acuity is one of only a few firms nationwide that major manufacturers turn to for product development and counseling on emerging technology trends. We are leaders on the fields – not just participants. We can bring future technology solutions to the table that others do not even know exist. We are often bound by Non Disclosure with ADC, CISCO Systems, Commscope, HID, Integral, Lenel, Mobotix, Ortronics, Panduit and others, limiting our ability to discuss some of the exciting innovations on the immediate horizon, but rest assured our designs take them into consideration. If retained, we will work with the appropriate companies to request that they extend the appropriate NDA’s to The City of Englewood so that you may have access to similar levels of information. 6. Do you have the experience in delivering projects in the most recent AUTOCAD/REVIT software versions (i.e. REVIT 2017)? Acuity is well versed in AUTOCAD/REVIT and delivers all of our projects in one (or both). We are already doing numerous projects in REVIT 2017. Experience 7. Do you have any previous experience performing design/professional services only on this type of work? Please provide details of that previous work. Design/professional services are Acuity’s only business offering and our sole focus. We believe in doing one thing and one thing well. Acuity performs 80-100 projects each year similar to the City of Englewood PD Project…it is what we do for a living. We recently completed the City of Grapevine 108,000sf Police Headquarters and Public Safety building, which serves their City in the same way the City of Englewood aspires their new PD project to do as well. We also do many other project types of projects that will also benefit the City of Englewood. One of the best values we bring, is being able to answer a common question from our clients: “What are other organizations doing?” You will be able to access our vast experience on Page 301 of 353 Page 13 of 34 Proprietary and Confidential June 30, 2017 other projects and the various technologies that have been deployed for our client. There is great insight to glean from our projects for technology leaders like Cisco, McAfee, and AMD; other corporate leaders like PepsiCo, Chevron, and Southwest Airlines; as well as government agencies and organizations like The FAA, The DoD, and various military branches. The work we perform for our clients matches exactly what was requested in the RFP and includes other things as well. Here is a sample list of how we help our clients: Master Planning, Needs Assessments, IT component of Real Estate Strategy Data Center / Call Center / Lab / Technology space design Ductbank/Manhole/Outside Plant & Communications Design, Voice & Data Network design, Security and A/V Systems design Technology Budgets, RFP Development & Evaluation, Migration Planning, and Technology Project Management and oversight Below is a list of typical deliverables in our project process that allow us to consistently and repeatedly, deliver successfully projects: Initial Technology Questionnaire SD Narrative or Basis of Design Documentation to Capture Systems Requirements: Cable Plant A/V Systems Access Control Systems (EACS) Outside Plant Duct bank Wi-Fi System DAS (Distributed Antennae System) Telephony/Voice LAN/WAN Telco Coordination Project Budgets Project Schedules Product Specifications Technology Room Designs/Layout MER /Data Center / Server Room / IDF HVAC, Electrical, Fire Suppression Requirements / Coordination Detailed Drawings of Rooms, Equipment and Placement as well as Pathways for: Elevations ―Front, Back, & Plan views Riser Diagrams Page 302 of 353 Page 14 of 34 Proprietary and Confidential June 30, 2017 A/V Systems Security (EACS) Wireless Ductbanks / Outside Plant Surface and Parking Garage Requirements Request for Proposals RFP Bid Analysis Documentation Project Meeting Minutes RFIs, Punch lists, Submittal and Pay App reviews, Project coordination documentation Project Closeout Documentation, testing results, verification, owner acceptance 8. Provide a minimum of five project references for jobs that were similar in size to this project. Include the name of project, description of project, owner, owner’s representative, address and phone number. Make sure one of those projects is a Public Safety / Police Department project for a City and all five projects are within the last 3 years. Acuity has done numerous projects of similar size or larger than the City of Englewood Project. We have included five (5) projects as requested on pages 15-19 of this proposal. We have also included additional project experience as Attachment B to this proposal. 9. Include resumes of the key individuals of your organization which would be assigned to this project should you be awarded the business. Resumes for Acuity’s Proposed Team for the project are listed on pages 20-24 of this proposal. 10. List any outstanding legal actions pending with your organization. None. Acuity does not have any outstanding legal actions pending. Page 303 of 353 Page 15 of 34 Proprietary and Confidential June 30, 2017 Acuity Experience City of Grapevine – Public Safety Building & Data Center Grapevine, TX Project Acuity was awarded a 3-year contract to provide IT consulting to support City of Grapevine over the next three years to act as an extension and Owner’s Representative for the City of Grapevine. Acuity was procured using Acuity’s GSA IT Schedule 70, to be the City’s Liaison for all Technology related matters on the design and construction of the City of Grapevine’s new Public Safety Building. The building will include police and the municipal court. Construction Type: New Project Schedule C Project Size: 108,000 SF Public Safety Building / 1,500 SF Data Center Project Duration: 3-Year Contract Thru 2016 IT Building Requirements: Cabling Infrastructure, Room layout for racks, power, cooling, pathways, and connectivity locations. Server Room & Technology Rooms (EFs, TRs, IDF), 1,500 SF Data Center for City & Police, Wireless Data Network, Security (3 Buildings & Site): Access Control for Exterior & Interior Doors (standard, biometric, keypad readers), Booking & Badge Stations, CCTV: Fixed IP Based Cameras Exterior & Interior (vandal resistant standard & thermal) Voice System & E911 System, Telco Services. Services: Needs Assessment, Technology Strategy & Requirements, Growth Strategy for the Data Center, Infrastructure design drawings, budgeting, schedules, procurement, and project management Owner Contact City of Grapevine Bruno Rumbelow, City Manager 402 South Barton Street Grapevine, TX 76051 (817) 410-3104 Office City of Grapevine John Jennery, IT Manager 402 South Barton Street Grapevine, TX 76051 (817) 410-3227 Office Page 304 of 353 Page 16 of 34 Proprietary and Confidential June 30, 2017 FAA – New Headquarters / GSA Contract – IT Schedule 70 Fort Worth, TX Project When the FAA reorganized its air traffic division in 2006 to bring its central operations to the region from across 17 states in the Midwest, as well as 500 additional employees and contractors, there was a need to expand the organization’s regional offices, said Lynn Lunsford, an FAA spokesman. Today, the FAA has 1,300 employees located in offices in Fort Worth. Many of them work in a 290,000-square-foot building at 2601 Meacham Blvd., but 300 workers are in temporary off-site offices. “Those 300 people have been scattered around in nearby buildings, wherever we can find space,” Lunsford said. “The consolidation will give us a new building with sustainable technologies at a property that will accommodate the new security requirements for federal facilities and give us adequate parking.” Overview Construction Type: New Construction Build-to-Suit Project Size: (2) 6-Story Towers 365,000 SF Employees: 2,200 Project Duration: 26 months IT Building Requirements: Technology Requirements for Office, Mission Critical Air Traffic Control Environments & 1,500 SF Data Center, (12) Telecommunications Rooms, (4) Dedicated Technology Rooms (EFs, TRs / IDFs), Cable Infrastructure, A/V, Physical Security - Access Control, Government Grade Wireless Network Services: infrastructure design drawings, budgeting, schedules, procurement, migration and project management Owner Contact FAA Matt Kotter, Project Manager Fort Worth, TX (817) 222-5055 Office Architect Gensler Gary Davis Dallas, TX 75204 (214) 273-1500 Office Page 305 of 353 Page 17 of 34 Proprietary and Confidential June 30, 2017 Invesco – Highly Collaborative Work Environment Trammell Crow Center – Downtown Dallas, Texas Project Atlanta-based global investment firm, Invesco, has moved into Dallas downtown skyscraper. Invesco invested in a highly secure and collaborative office space to encourage collaboration and attract young talent. As much as technology is evolving in this space Invesco really deployed industry leading solutions on a very tight project schedule. Overview Construction Type: Existing / Trammell Crow Center – Downtown Dallas Project Size: 50,000 SF / 2 floors Project Duration: 6 months IT Building Requirements: Cable Infrastructure & Pathways, Data Center & Technology Room(s), Robust Mobility/Wireless Technology, Access Control, AV: 2 Large Conference Room(s), Medium Conference Rooms, Small Conference Room, Work Café, CATV Head End Distribution, Reception Area, and Open Office Area Services: infrastructure design drawings, base build budgeting comparisons & options, value engineering, coordination, schedules, procurement, project management, migration, cutover support, and testing. Owner Contact Invesco Jamie Whynacht, PM Dallas, TX (902) 620-7937 Scott Jacobson, Regional Director Houston, TX (713) 214-2379 Architect Staffelbach Mark Reed 2525 Mckinnon #800 Dallas, TX 75201 (214) 747-2511 Page 306 of 353 Page 18 of 34 Proprietary and Confidential June 30, 2017 NSAI – Netherland, Sewell & Associates, Inc. Dallas, TX Project Netherland, Sewell & Associates, international oil and gas consulting firm, has moved its downtown office to 2100 Ross Avenue Tower. Netherland, Sewell & Associates, Inc. provides geophysical, petro-physical and engineering services in the United States and internationally. Overview Construction Type: Existing Building Project Schedule C Project Size: 60,000 SF Project Duration: 11 months IT Building Requirements: Data Center & Technology Rooms, Cable Infrastructure & Pathways, A/V, Security/Access Control, Equipment Layout Services: IT, A/V & Security infrastructure design drawings, budgeting, schedules, procurement, and project management Owner Contact NSAI Kara Logan, Vice President 1601 Elm Street Dallas, TX 75201 (214) 969-5401 Project Manager Transwestern Marc Allen 5001 Spring Valley Road Dallas, TX (972) 991-4247 Architect Gensler David Lubin, Project Director 5420 LBJ Freeway Dallas, TX 75240 (214) 273-1500 Page 307 of 353 Page 19 of 34 Proprietary and Confidential June 30, 2017 Jackson Walker – Hall Arts Dallas, TX Project This was Jackson Walker’s first move in 30 years. With changes and technology and business practices, Jackson Walker left behind outdated offices. It was important to Jackson Walker that the technology be designed and integrated into high end meeting spaces in a way that kept focus on architecture and ambience of the spaces. Overview Construction Type: New Construction – First Generation Space Project Size: 104,000 SF Employees: 250+ Project Duration: 17 months IT Building Requirements: Technology Requirements for Office, Technology Rooms (EFs, TRs / IDFs), Cable Infrastructure, A/V (High End Board Rooms, Interactive Displays, VTC in 75% of conference rooms, 3in1 multipurpose combinable room), Wireless Overlay, and Base Building Access Control Services: infrastructure design drawings, budgeting, schedules, procurement, migration and project management Owner Contact Jackson Walker Sharon Kasachkoff Dallas, TX (214) 953-6648 Office Architect Gensler Scott McAllister Dallas, TX 75204 (214) 273-1500 Office Page 308 of 353 Page 20 of 34 Proprietary and Confidential June 30, 2017 Acuity Team Resumes John Petty (Principal), RCDD – Project Principal Mr. Petty is an experienced telecommunications professional with over seventeen years in the industry. John has gained experience in virtually all aspects of this industry from high profile, large corporate campuses to private educational institutions to manufacturing facilities. John’s professional career path has taken him from project estimating and materials procurement for numerous copper and fiber optic voice, data and video networks to detailed design work, document preparation (product specification, Request for Proposals, Technology Room layout and placement drawings) and Project Management and move-in coordination. As a Consultant, John has extensive experience developing and implementing Master Plans, Migration Strategies, Technology Budgets, installation Sequencing Schedules and Technology assessments of existing infrastructure and services. Mr. Petty has also gained expertise planning and designing specialized Technology spaces such as Data Centers, NOCs, production and R&D Labs including HVAC, electrical and Fire Suppression layouts for MBFS such as Cisco System and Sabre. Cisco Systems – Regional Campus Design and project management of a 7-Buidling 700,000 SF campus. Design included labs, cable infrastructure, outside plant, and data center in Richardson, TX. Cisco Systems – Six U.S. Data Centers Design and project management of four U.S. data centers of sizes: 36,000 SF; 26,000 SF; 15,000 SF; 13,000 SF; and two (2) at 8,000 SF. Salix Pharmaceuticals Complete Design, procurement and implementation oversight of all cable infrastructure, data center, security, AV, and voice & data systems for the new 150,000 SF headquarters in Raleigh, NC. Rent-A-Center Complete Design, procurement and implementation oversight of all cable infrastructure, data center, security, AV, and voice & data systems for the new 175,000 SF headquarters in Dallas, TX. AMD Design, budget and project management of an 80,000 SF data center. Design included cable pathways, cable infrastructure, and validation of network design assumptions. Expertise: BICSI Registered Communications Distribution Designer (RCDD) Systimax Certified Design Engineer AT&T Management Negotiation Certified AT&T Certified Quality Development BICSI Certified – Intelligent Building Design Experience: Acuity, Inc. Senior Associate 2001 - Present TechKnowledge Consulting Senior Associate 1998 – 2001 ICG Fiber Optic Technologies Senior Estimator 1996 – 1998 Graybar Electric Technical Support 1994 – 1996 Teknon Corporation Senior Estimator 1992 – 1994 Page 309 of 353 Page 21 of 34 Proprietary and Confidential June 30, 2017 Matt Hendrick, CDCD - Project Designer Mr. Hendrick brings over sixteen years’ experience of communication infrastructure design, coordination and installation. He has hands-on experience estimating, budgeting and managing large complex technology projects. Matt is also a certified and experienced data center design consultant. He understands and has the ability to formulate space and capacity requirements to support business processes and long-term operational and strategic goals. Matt has worked with organizations in industries that include finance, technology, retail, commercial, and healthcare. City of Grapevine – Police and Public Safety Building Technology systems design and project management for new Police Headquarters and Public Safety building. Services include voice, data infrastructure and all low-voltage technology systems for 108,000sf building including 1,500sf data center. Core Logic Technology systems design and project management for Texas headquarters. Services included design, procurement, project management and coordination of voice, data infrastructure and all low-voltage technology systems for 340,000sf, headquarters building. Fossil, Inc. Technology systems design and project management for global data center and corporate headquarters. Services include voice, data infrastructure and all low-voltage technology systems for 8,000sf data center and 535,000sf, headquarters building. VHA Provided design, budgeting and project management for all low-voltage technology systems and data center. Responsible for the technology migration strategy, planning and execution for 300,000 sf headquarters, 800 sf data center & other technology rooms. Chevron Perth – Asia Pac Data Center Data Center design that included planview and elevation drawings, bid package and patching documentation for the structured cabling build and patch for the WAN/Security/LAN and Server/Storage connectivity. This project was managed in the US and coordinated by Matt as an instrumental team leader that helped the team stay on schedule. Cisco Systems New 26,000sf ground-up data center in Allen, TX. Complete Design of a new 26,000sf Tier III data center in Allen, TX. Services included project management and telco requirements. This facility was designed with plans to double data center capacity in the future. Expertise: Certified Data Center Design (CDCD) Fiber Optic Systems Specialist Data Center Systems Specialist Design & Engineering IBIS (BAS) Specialist Security Design & Engineering Experience: Acuity, Inc. 2009 - Present Consultant Innovative 2005 - 2009 CEO/CIO Integrity 2000 - 2005 VP of Operations & IT Page 310 of 353 Page 22 of 34 Proprietary and Confidential June 30, 2017 Matt Morroni RCDD - Project Designer Matt Morroni has 14 years of experience in the design and engineering of a wide range of technology infrastructure system projects including, corporate headquarters, tenant finish, higher education, healthcare, K- 12, and other specialized projects. As a PM and Engineer for a number of high profile projects in the Denver area such as the 1800 Larimer building, Jackson Hole Airport expansion, AECOM Regional HQ and Charter Communications, Matt brings knowledge and experience to coordinate a number of systems with the rest of the design team. In addition, Matt’s strong relationships with the local contractors enable him to leverage those relationships to ensure our clients receive contractors’ best teams, fair pricing, and quality installations. In addition, Matt’s unique educational backgrounds in Architectural Engineering and Business Administration provides him insight into the needs of each client stakeholder working to bridge the needs of a client’s technical team with those of the facilities/real estate as well as potential architectural limitations to find solutions that meet all needs through early involvement and strong communication between each of the vested parties. Project References: AECOM Regional Headquarters (Greenwood Village, CO) Project Manager and Engineer for Cable infrastructure, security, and A/V systems buildout of 280,000 SF of tenant space in an existing shell space over four floors. The space included a training center as well as over 100 other conference and huddle spaces with A/V equipment, a fitness center, small data center, large cafeteria, and large open office environments. Charter Communications CTEC Building (Englewood, CO) Project Engineer for Cable Infrastructure and A/V systems buildout of 180,000 SF greenfield, with approximately 120,000 SF of which is lab space built out in a data center layout for equipment testing. The lab with full buildout is approximately 800 racks in 20-22 rack pod configurations. The other 60,000 SF is office space to support the lab typing the workstations back to the lab. 1800 Larimer (Denver, CO) Project Manager and Engineer for Cable Backbone Infrastructure and Security for 22 story greenfield in downtown Denver. Ultimately 2/3 occupied by Xcel Energy, the LEED Platinum building including an extensive fiber and copper backbone infrastructure to support the potential for 4-5 tenants per floor at any given time. Jackson Hole Airport (Jackson, WY) Project Manager and Engineer for cable infrastructure and security for renovation/expansion ultimately doubling the size of the airport to support increased passenger numbers, an expanded baggage processing system and increased security requirements. Expertise: BICSI Registered Communications Distribution Designer (RCDD) Master of Business Administration (MBA) Copper and Fiber Optic Systems Specialist Physical Security Design & Engineering Audio/Visual Systems Design and Engineering Campus Infrastructure Design and Engineering Healthcare and Education Infrastructure Systems Experience: Acuity, Inc. Associate 2017 - Present Cator, Ruma, & Assoc. Technology Systems Design Engr 2011 – 2017 Swanson, Rink, Inc Technology Systems Engineer and Project Manager 2006 – 2011 Vantage Technology Consulting Group Consultant 2003 - 2006 Page 311 of 353 Page 23 of 34 Proprietary and Confidential June 30, 2017 Chance Sutton, RCDD, CDCD - Project Designer Mr. Sutton brings an extensive background with over twenty-seven years of telecommunications cabling infrastructure design and installation as well as project management. His hands-on experience with estimating, budgeting and managing projects has given him the necessary skills to be a highly qualified and successful technology consultant. Chance has worked with a variety of project types, including legal, education, industrial, commercial, administrative office, healthcare, and manufacturing. Mr. Sutton’s extensive background includes network and voice cable infrastructure design, CCTV, RFP development, systems implementation, construction coordination, and on-site project management. Mr. Sutton’s extensive knowledge and hands-on experience with a variety of technology and tenure in the industry makes him a valuable member of the Acuity team. Project References: Raytheon Complete project design, procurement and project management of a 500,000sf 3-building Corporate Campus. Design included infrastructure, data center/MER design, A/V systems, and Access Control Systems for the campus buildings and site. Denbury Resources – Plano, TX Design, project management and migration for voice, data infrastructure and all low-voltage technology systems for a 325,000sf Headquarters. Pizza Hut - Plano, TX Design, procurement and project management for voice, Telco, data infrastructure and all low-voltage technology systems for a 170,000sf Headquarters. Commercial Metals Complete project design, procurement and project management of a 130,000sf Corporate Headquarters. Design included infrastructure, data center/MER design and trading floor. Methodist Hospital - Sugarland Design and Project management for voice, data infrastructure and all low-voltage technology systems for 455,000sf Acute Care Hospital Expansion and 90,000sf Medical Office Building. Expertise: BICSI Registered Communications Distribution Designer (RCDD) Certified Data Center Designer (CDCD) Systimax SCS Design and Engineering Systimax Installation & Maintenance Siemon Certified Design Siemon Certified Installation & Maintenance ETA – C.F.O.I AMP Netconnect Design Specialist Avaya Installation and Maintenance Westcon Network Management BAAN Project Management WinEstimator Commscope Broadband Design Experience: Acuity, Inc. Associate 2005- Present DatastarUSA Senior Project Manager 2001 – 2005 Clover technologies/SBC Senior Project Manager 1998 – 2001 Doau Systems Inc. Project Manager 1996 – 1998 Future Now Forman, Cabling Solutions Group 1991 – 1996 Page 312 of 353 Page 24 of 34 Proprietary and Confidential June 30, 2017 Todd Montgomery – CAD/Revit Designer Mr. Montgomery brings an extensive background as a design specialist that draws rough and detailed technology plans to scale within buildings and structures according to specifications. He develops diagrams for construction and installation of equipment, structures, components, and systems using field documents and specifications. Todd has worked with a variety of project types, including legal, education, industrial, commercial, administrative office, healthcare, and manufacturing Todd is proficient in all Visio and AUTOCAD 2D & 3D software versions. Todd has knowledge and understands requirements and environments for campuses, offices, data centers and lab environments. Southwest Airlines Renovation and migration for new 500,000 SF Headquarters and data center. Provided low-voltage systems design, procurement and implementation oversight, and migration/relocation for the project. Tyler Technologies Complete technology design, procurement and project management for a new 26-acre office complex. Project includes a three-story, 142,000 SF office and remodel of an existing two-story building. VHA Provided design, budgeting and project management for all low-voltage technology systems and data center. Responsible for the technology migration strategy, planning and execution for 300,000 SF headquarters, 800 SF data center & other technology rooms. Fossil, Inc. Technology systems design and project management for global data center and corporate headquarters. Services include voice, data infrastructure and all low-voltage technology systems for 8,000 SF data center and 535,000 SF, headquarters building. Education: ITT Technical Institute Associate of Applied Science Degree in Computer Drafting & Design AUTO CAD Revit Experience: Acuity, Inc. Associate 2011- Present McCarthy, Holthus & Ackerman, LLP Associate 2010 – 2011 Lone Star Record & Abstract Services, Inc. Associate 2006 – 2010 Lone Star Record & Abstract Services, Inc. Surveyor 2001 – 2006 Page 313 of 353 Page 25 of 34 Proprietary and Confidential June 30, 2017 Acuity’s Project Process & Delivery I. Technology Requirements / Strategy 1.1 Meet with City of Englewood’s Core Project Team to understand member roles and responsibilities as well as methods of communication, approval, project procedures and schedule requirements. Recommend additional City of Englewood IT function representation for the Project if, when, and as needed. 1.2 Absorb and implement where applicable and as directed, City of Englewood’s current Technology policies, procedures, guidelines and standards. 1.3 1.4 Understand City of Englewood’s existing offices and Technologies in use today. Consult with City of Englewood IT representatives to fully understand current A/V Technology purposes, systems hardware and software configuration design, architecture and their related integration with the business. As part of the exiting office review, Acuity will provide a high level review of the existing voice, telco, and data systems. Determine areas of desired or potential improvement and discuss lessons learned from City of Englewood’s experience operating existing Technologies, each of which are to be incorporated within the Technology Requirements. Conduct strategic technology related discussions with applicable Project Team members and share benefits of emerging trends. Conduct a “what if” design session to infuse new ideas/paradigms for technology concepts. 1.5 Make suggestions and recommend areas of possible improvement using best practices and facilitate decisions for technology choices and solutions resulting from the exploration of new or advantageous concepts. Determine and thoroughly document overall Technology needs for the Project including a draft Technology Budget and Implementation Sequencing Schedule. Present the information gathered during this Technology Requirements Phase to City of Englewood’s Core team for review and eventual written approval. Make programmatic adjustments based on City of Englewood’s response and comments as needed to finalize the Technology Requirements Phase. 1.6 Acuity will be responsible for preparing and distributing minutes of technology teleconferences or in-person meetings, documenting salient points discussed, actions taken, and action required following each meeting. Page 314 of 353 Page 26 of 34 Proprietary and Confidential June 30, 2017 II. Design 2.1 Acuity shall advance the approved Technology Requirements documentation to a high-level Schematic Design Package that may include illustrative and system flow diagrams outlining the required Technology scope of work and an updated and more refined Technology Budget and Implementation Sequencing Schedule. The Schematic Design Package shall be presented to City of Englewood’s Core Team for its concurrence and approval, with adjustments being made as needed, prior to advancing the Design to the next phase. o Select alternatives and develop options for reusing, upgrading, acquiring and implementing Technology in the renovated facilities. o Perform life cycle costs analysis of options developed during Technology Requirements Phase. Assist City of Englewood with selecting "best approach" Technology options that meet strategic business plans for the future, optimized performance, reliability, first cost and overall flexibility objectives. o Report on the merits, limitations and risks associated with keeping current Technology or migrating to newer, leading edge technologies. Identify the potential impact of these risks on the operations of City of Englewood. o Consider and incorporate all existing City of Englewood relationships and National contracts with suppliers, vendors, manufacturers, technology firms and contractors where they are proven after review and analysis and documented to have a positive and beneficial impact on the project. 2.2 Progress the Technology design through all Design phases consistently and in sequence with the work of the Project Architect by communicating Technology Requirements in a timely manner and consistent with design schedule. Examples of some Technology Requirements that will be integrated and coordinated with the Project Architect include: o Physical space needs with City of Englewood’s Core team, Architect and Consultants and other key members of the design team. o Preliminary Technology-related requirements for equipment rooms, including; locations, cabinet, rack and other equipment layouts, etc. o Draft Technology Requirements for electrical, mechanical and HVAC to support Technology systems including UPS, HVAC, electrical, etc. o Draft Technology Requirements needed for in slab, through slab sleeves, concealed raceways, cross connects riser systems, horizontal wiring needs for network, desktops, and entrance facilities from communication common carriers and utilities. 2.3 As the Project’s Technology subject matter expert, Acuity shall attend necessary City of Englewood coordination and Design Meetings and serve as City of Englewood’s advocate for Technology-related matters. Page 315 of 353 Page 27 of 34 Proprietary and Confidential June 30, 2017 2.4 Guide, facilitate and document all Technology design decisions such that they are made by City of Englewood’s in a manner ensuring the Project goals and objectives are reached within the confines of the approved budget and within the overall Project Schedule. 2.5 Identify current Technology options and recommend appropriate technologies and related infrastructure. Make suggestions, recommend selections and solutions where applicable and communicate opportunities for value engineering for products, vendors and materials in order to ensure final design reaches value-based balance between optimized maximum performance and minimal first cost. 2.6 Following City of Englewood’s approval of the Schematic Design Package, Acuity shall complete detailed documentation of the Technology scope of work to a level that will enable competitive bidding and complete installation and implementation of the design, (“Final Technology Design”). The Final Technology Design shall be in CAD format where applicable and shall include a final Technology Budget and final Implementation Sequencing Schedule. Acuity shall prepare and coordinate Technology related Specifications in a format acceptable for inclusion in Architect’s final CDs. The Final Technology Design shall be subject to review and approval by City of Englewood’s Core Team. 2.7 Review Project Architect’s SD, DD and CD packages for compliance with approved Technology Requirements, accuracy and cross coordination with the all other design consultants. 2.8 Acuity will be responsible for preparing and distributing minutes of all technology teleconferences or in-person meetings, documenting salient points discussed, actions taken, and action required following each meeting. III. Procurement 3.1 Acuity will prepare Request for Proposal (RFP) documentation to gather additional information pertaining to potential firms, contractors, suppliers and vendors that may be selected to provide and install the Technology scope of work as documented in Final Design. Facilitate the RFP process; gather, organize and present results to the City of Englewood Core Team with a recommendation of firms, contractors, suppliers and vendors to be selected. Analyze and provide RFP process results taking into consideration overall risks and rewards when making recommendations. Include the following areas of interest when making a recommendation and during the performance of technical evaluations: o Applicability of proposed alternative solutions and products: features and capabilities, architecture, product maturity and reliability. o Examine the proposed organization, team, and individuals capabilities and skills considering pre-installation, construction and implementation through acceptance testing. o Address overall vendor experience, organizational structure and history. As part of this evaluation, Acuity will perform reference checking, which may involve visits to other sites where comparable systems are installed. o Development of evaluation criteria and allocation of quantitative weights to each criterion. The criteria, and in particular the assigned weights, will be agreed upon with City of Englewood. o Preliminary evaluation and ranking of technology firms, suppliers, contractors and vendors on the basis of proposals submitted and price Page 316 of 353 Page 28 of 34 Proprietary and Confidential June 30, 2017 proposed. This evaluation will result in the selection of 3 or more participants in the RFP Process (short list) for the final detailed evaluation. o Preparation of questions (as necessary) to the finalist vendors to be evaluated in detail. o Detailed evaluation and ranking of the selected vendors, including quantitative scoring for each vendor. o Prepare a presentation that summarizes the findings of the evaluation process and provides a formal recommendation. 3.2 If necessary, conduct a pre-bid conference, tours of existing facilities and of the new location to allow participants in RFP or RFP processes the opportunity to gain critical information about the assignment and or request clarification of the Final Design. 3.3 If necessary, facilitate and conduct pre-selection interviews of the potential technology firms, contractors, suppliers and vendors prior to final selection by City of Englewood’s Stakeholders. 3.4 Assist in the effort to document final business terms in a formal letter of intent and obtain acceptance with each selected technology firm, contractor, supplier or vendor. 3.5 Acuity will be responsible for preparing and distributing minutes of all technology teleconferences or in-person meetings, documenting salient points discussed, actions taken, and action required following each meeting. IV. Project Oversight 4.1 Acuity will coordinate the efforts of all parties involved in the Technology aspects of the Project from concept to implementation to close-out. Acuity will also take responsibility for the execution of the plan, coordinating the efforts of City of Englewood IT, the Architect, General Contractor, and applicable Technology Vendors, and establish integration, construction, installation and migration or relocation schedules with project stakeholders. Provide project oversight, management, coordination and administration as follows: (a) Review shop drawings and samples for conformance with the approved final design, and for compliance with the information given in the construction documents. Review submittals of alternate manufacturers, "or equals," alternate equipment packages, etc. (b) Consult and coordinate with the manufacturers, suppliers, technology firms, contractors and vendors to establish delivery, installation and move-in schedules. (c) Provide site visits at a frequency appropriate to the phase of the work to observe quality and quantity of work ensuring consistency with final design and Implementations Sequencing Schedule and endeavor to guard against defects or deficiencies in the work of the general contractor, manufacturers and vendors. Page 317 of 353 Page 29 of 34 Proprietary and Confidential June 30, 2017 (d) Confirm general contractor's construction schedule is consistent with the migration plan (if applicable) and Implementation Sequencing Schedule ensuring timely completion of technology integration points and supportive infrastructure. (e) Oversee the installation of all applicable Technology Scopes of Work and monitor testing. (f) Acuity will be responsible for preparing and distributing minutes of all technology teleconferences or in-person meetings, documenting salient points discussed, actions taken following each meeting. (g) Conduct technology status and coordination meetings with all key vendors, contractors, suppliers and team. (h) Conduct unannounced inspection of work in progress. (i) Attend technology moves or migration(s) and manage the transition during the period of cutovers (if contracted to do so). (j) If requested, advise City of Englewood based on applications for payments, of work that has been completed in accordance with the drawings and specifications and whether contractors are entitled to amounts invoiced by approving or disapproving in writing all Requests for Payment submitted by the contractor(s). 4.2 During the construction and installation phases, attend pre-construction and construction meetings. 4.3 Prepare and issue to City of Englewood for coordination with the CM, other contractors, manufacturers and dealers the punch lists specifying the work to be completed and/or corrected before final payments are issued by the City of Englewood. Page 318 of 353 Page 30 of 34 Proprietary and Confidential June 30, 2017 Fee Proposal Below is the detailed pricing and technology roadmap. We use this approach as it helps to establish clear understanding of what is to be done. This allows for immediate collaboration with CITY OF ENGLEWOOD and the project team (CBRE, DLR, GC, etc.) to quickly identify the tasks and project strategy to successfully execute the project phase by phase through completion. Phase I - Technology Design / Strategy Hours Costs 6 Weeks i Project Kickoff Meeting(s) 42 Days Interviews, Prelim Information, Gather Documentation 2 $300 Start Complete ii Review Architectural Design Concepts 7/10/17 8/21/17 Review, Comment, Coordinate Technology Rooms 2 $300 iii Review Client Documentation Inventory Equipment as supplied by Client 2 $300 iv Prepare Technology Building Requirements / Preliminary Drawings Building Entrances, Underground Conduits 4 $600 Cable Infrastructure Pathways 10 $1,500 Technology Room(s): including Electrical, Mechanical, HVAC Coordination with MEP 14 $2,100 Audio/Visual (AV) 14 $2,100 Revisions 10 $1,500 v Develop Project Budget Prepare and Distribute Budget 4 $600 vi Design Coordination and Design Review Meetings City of Englewood Stakeholders 6 $900 Architect/MEP 6 $900 sub-total 74 $11,100 12 Phase II – Detailed Design / RFP Documentation (CDs) Hours Costs 18 Weeks i Update Budget 126 Days Document Changes 1 $150 Start Complete ii Finalize Detailed Drawings 8/22/17 12/26/17 Building Entrances, Underground Conduits 1 $150 Page 319 of 353 Page 31 of 34 Proprietary and Confidential June 30, 2017 Cable Infrastructure Pathways 2 $300 Technology Room(s): including Electrical, Mechanical, HVAC Coordination with MEP 3 $450 Audio/Visual (AV) 3 $450 iii Prepare RFP / SOW Design Document(s) Cable Infrastructure 28 $4,200 Audio/Visual (AV) 30 $4,500 iv Issue RFP Document(s) Issue, Schedule and Host Walk-Through 3 $450 v Issue Answers to Vendor RFP Questions Answer All Questions and Distribute 6 $900 vi Project Design Coordination / Meetings Design Coordination and Project Meetings with Architect/MEP 6 $900 sub-total 83 $12,450 5 Phase III – Bid Analysis & Recommendation (s) Hours Costs 4 Weeks i Review RFP & Scope Response Documents 28 Days Analyze and Document all Findings 16 $2,400 Start Complete ii Present Analysis 12/27/17 1/24/18 Discussions and Review Findings 2 $300 iii Finalize Vendor Cost(s) & Scope Final Discussions and Documentation for Contracts 2 $300 iv Project Meetings Construction Meetings (conference call) or coordination with Architect 4 $600 sub-total 24 $3,600 6 Phase IV – Project Management Hours Costs 50 Weeks i Review Plans & Spec's with General Contractor 350 Days Construction Coordination, Make Ready of all Technology Room(s) 2 $300 Start Complete ii Technology Vendor Kickoff 1/25/18 1/10/19 Review Schedule, Materials, Staging, Staffing & Workplan 2 $300 iii On Site Inspections / Walkthroughs and Coordination 4 On Site Installation Inspections / Create Punch Lists 25 $3,750 Page 320 of 353 Page 32 of 34 Proprietary and Confidential June 30, 2017 Coordinate infrastructure implementation, review shop drawings/submittals, review vendor invoicing, manage change orders, RFIs, vendor commissioning, punch list 25 $3,750 iv Review Test Results Review Documentation 6 $900 v Construction Meetings, Documentation and Coordination Construction Mtgs (Conference Call) or coordination 75 $11,250 sub-total 135 $20,250 3 Project Total 316 $47,400 78 Total Weeks Assumptions: 1) 49,000 SF Ground-up and Renovation Project 2) Pricing reflects schedule as issued with RFP 3) Scope includes Design/Procurement/PM of Cabling and AV Systems performed concurrently 4) Scope in pricing table supersedes project process and delivery narrative. 5) Assessment, Design, and CA do not include either relocation of exiting DAS, Overhead Paging, TV Distribution, or Mass Notification Systems. 4) The scope of the telco, voice and data systems includes assessment and recommendation only. Design of these systems is excluded but can be provided for an additional fee. 4) The scope of the Wi-Fi design is for cable infrastructure only. A wireless network design is excluded but can be provided for an additional fee. Pricing: The pricing proposal was prepared for City of Englewood at a rate of $150.00 dollars per hour. Any changes to the Scope of Work shall be made in writing and approved by both parties before it may be incorporated or modified in this agreement. Additional Services will be charged at then current hourly rate. The hours proposed are broken down by tasks for flexibility and convenience. While hourly figures for individual line items are estimates and may vary slightly, the pricing for the overall project hours is fixed fee pricing. Page 321 of 353 Page 33 of 34 Proprietary and Confidential June 30, 2017 References Cisco Pat Moore (now with Apple) (512) 423-4178 M pat_moore@apple.com Container Store Jay Wehring, Vice President (972) 538-6771 D (214) 282-3834 M jayw@containerstore.com Fossil (now with Centrada) Mark Reynolds, VP, IT Infrastructure & Operations (972) 699-2149 O (469) 879-2712 M mreynolds@fossil.com McAfee (now with Cyber adApt) Scott Millis, Vice President IT Strategic Services (214) 315-3181 M Rent-A-Center KC Condit, Director of Technical Services (972) 801-1186 direct kccondit@racenter.com Winstead Chris DiMasi, CTO (214) 745-5158 O cdimasi@winstead.com Page 322 of 353 Page 34 of 34 Proprietary and Confidential June 30, 2017 Why Acuity We appreciate your consideration of Acuity as your Technology Design partner. At Acuity, we believe the best way to show our value is to provide more than you ask for. Exceeding your expectations is our baseline – just meeting them is not enough, in our eyes. We exceed your expectations in several ways: Value - As your partner, we are there to provide you value. We save you money. We are known for working smarter and more expeditiously. With thorough designs, detailed RFPs, and by setting exact expectations regarding project scope, we ensure the best overall price, thus lowering overall costs, usually in excess of the price of our services. We design solutions that last. There are many firms that can design an infrastructure to ‘get you by’. We know when it comes to your organization, being forced to shut down operations to replace a solution that was obsolete a few years after installation is not a viable option. While there is no crystal ball for technology, Acuity has the most knowledge in our industry to enable us to design long-term solutions, to keep you focus on your organizations fundamental mission. We are shaping the industry with major manufacturers and we have access and knowledge to solutions others do not even know exist or are coming. Tomorrow’s answers at today’s prices, that’s providing real value. Capability - Acuity is one of the largest technology consulting firms in Texas, with a full-time team of RCDDs and other certified consultants on staff. Only a team with this kind of size and tenured expertise can deliver the necessary volume of work in the crunch times, the continued attention over the duration, and still provide the quality and attention to detail necessary to make it all look easy. Acuity is a committed, cohesive team of highly trained, seasoned professionals, for whom failure is not an option. It’s never a question of whether Acuity will step up to the plate, just how many of us it will take. Expertise - As one of the top technology consulting firms in the U.S we are frequently invited to sit on panels at Emerging Technology Forums, to propose, evaluate and comment on current and future technology solutions and their real-world feasibility. Through the evaluation process we help reconcile new products with anticipated technology trends, giving us knowledge of future direction that is unparalleled. With this insight, we design, procure and oversee the implementation of a wide array of technologies every day for clients. A background of 225+ combined years of experience in the industry, training and innovation – no one matches the expertise Acuity brings to the table. Integrity - The manner in which you perform is as important as how well you perform. In choosing a partner, you want to know that when faced with difficult decisions, you will get the right decision for you, not the easy (or most profitable) one. Integrity is the foundation for building strong relationships, and strong relationships are the core of our success. Why do firms like Cisco, Chevron, and State Farm come back to us, time and again? Quality work is essential, but the real reason is trust, based on an unwavering commitment to the highest level of integrity. Page 323 of 353 Project Summary Report Englewood Police HQ Generated Sep 26, 2017 by budget4cast.com 170925 Budget report Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Previous Costs to Date Total Costs to Date % Complete A B A+B C E H H+I (H+I) / (C+D+E+F+G) Project Total 26,946,549 0 26,946,549 2,216,598 1,700 627,355 782,012 35% Soft Costs 3,044,300 (20,200)3,024,100 2,216,598 1,700 627,355 782,012 35% 00 — Owner Costs 573,143 0 573,143 0 0 0 0 0% 01 — Planning and Permitting Fees 78,666 0 78,666 0 0 0 0 0% 02 — Tap & Utility Fees 50,000 0 50,000 0 0 0 0 0% 03 — City Use Tax 394,767 0 394,767 0 0 0 0 0% 07 — Owner/Relocation Costs 49,710 0 49,710 0 0 0 0 0% 10 — Design/Consulting Fees 2,471,157 (20,200)2,450,957 2,216,598 1,700 627,355 782,012 35% 11 — Design Team 1,616,039 0 1,616,039 1,590,970 0 424,323 551,461 35% 12 — Surveying 20,200 (20,200)0 0 0 0 0 0% 13 — Geotechnical 10,000 0 10,000 7,900 1,700 9,600 9,600 100% 14 — Environmental Consulting/Testing 0 0 0 0 0 0 0 0% 15 — Commissioning 0 45,325 45,325 0 0 0 0 0% 16 — Project Management 564,375 0 564,375 564,375 0 193,432 211,036 37% 17 — Misc Consulting Fees 60,000 0 60,000 53,353 0 0 9,915 19% 18 — Material Testing/Inspections 200,543 (45,325)155,218 0 0 0 0 0% Hard Costs 22,335,298 0 22,335,298 0 0 0 0 0% 20 — Construction Costs 21,054,250 0 21,054,250 0 0 0 0 0% 21 — Phase 1 Building Construction 18,641,250 0 18,641,250 0 0 0 0 0% 22 — Phase 2 Demolition/Site Improvements/Parking Construction 2,413,000 0 2,413,000 0 0 0 0 0% 30 — Furniture, Fixtures, & Equipment 1,281,048 0 1,281,048 0 0 0 0 0% 31 — Furniture 845,070 0 845,070 0 0 0 0 0% 32 — IT/AV Systems & Equipment 269,275 0 269,275 0 0 0 0 0% 33 — Security Systems 136,703 0 136,703 0 0 0 0 0% 34 — Interior Signage 30,000 0 30,000 0 0 0 0 0% Contingency 1,566,951 20,200 1,587,151 0 0 0 0 0% 90 — Contingency 1,566,951 20,200 1,587,151 0 0 0 0 0%Page 324 of 353 Budget Code Original Budget Reallocations Current Budget Committed Costs Approved Changes Previous Costs to Date Total Costs to Date % Complete A B A+B C E H H+I (H+I) / (C+D+E+F+G) Project Total 26,946,549 0 26,946,549 2,216,598 1,700 627,355 782,012 35% 91 — Project Contingency 1,566,951 20,200 1,587,151 0 0 0 0 0% Project Total 26,946,549 0 26,946,549 2,216,598 1,700 627,355 782,012 35%Page 325 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Paul Weller DEPARTMENT: Public Works DATE: October 2, 2017 SUBJECT: Dry Gulch Floodplain Resolution DESCRIPTION: Dry Gulch Floodplain Resolution RECOMMENDATION: Staff recommends that the council pass a resolution acknowledging the adoption of the Dry Gulch Floodplain by the Colorado Water Conservation Board. PREVIOUS COUNCIL ACTION: Council entered into an IGA with the Urban Drainage and Flood Control District for the inclusion of the Dry Gulch drainage basin into a Major Drainageway Plan and Flood Hazard Area Delineation for Harvard Gulch in July of 2015. Council received an update on the Major Drainageway Plan in January of 2016. The update included a summary of alternatives to convey runoff from the 100 year storm through the city. Council selected the "100 yr All Pipe" alternate. Council received an update on the Major Drainageway Plan and Flood Hazard Area Delineation in October of 2016. The update included a conceptual design and cost estimate for the 100 year All Pipe alternative. The update also included a plan showing the mapped floodplain and staff's plan to introduce these plans to the public. Council received an update on the floodplain adoption process in July of 2017. The council was provided with a resolution by the Board of the Urban Drainage and Flood Control District, accepting the Flood Hazard Area Delineation Report for Harvard Gulch and Dry Gulch. The accompanying letter stated that the resolution had been sent to the Colorado Water Conservation Board and requested that the City provide the Colorado Water Conservation Board with an endorsement of the report. The update also included a presentation by Terri Fead, of the Urban Drainage and Flood Control District, describing the process of creating a regulated floodplain by the Colorado Water Conservation Board and the inclusion of the floodplain into the flood hazard rate maps and the National Floodplain Insurance Program Page 326 of 353 (NFIP). Erin May, of the NFIP, made a brief presentation and answered council questions about flood insurance through the NFIP. Council deferred a vote on a resolution supporting the submittal of the Dry Gulch floodplain delineation to the Colorado Water Conservation District on August 21, 2017. Council reviewed a revised resolution on September 26th, 2017 along with a draft of a letter to residents & property owners within the proposed floodplain. The draft letter provided details on the status of the floodplain designation and outlined what the residents & property owners should expect once the designation isimplemented by the Colorado Water Conservation Board. SUMMARY: The Urban Drainage and Flood Control District has passed a resolution that accepts the "Flood Hazard Area Delineation Harvard Gulch and Dry Gulch," dated February, 2015. The report identifies areas that will be inundated by the 100 year flood in northeast Englewood and recommends that the report be used as a guide for future planning within the mapped floodplain. The Urban Drainage and Flood Control District resolution has been sent to the Colorado Water Conservation Board for its consideration of the areas identified in the report as a flood hazard area that will be inundated by the 100 year flood. Acceptance of the report by the Colorado Water Conservation Board will officially designate the mapped area as a floodplain, allowing the City of Englewood to regulate development per the Englewood Municipal Code, Title 16, Chapter 4 "Floodplain Regulations". The designation will appear on the Board's regular agenda at their November meeting to be held in Denver. Members of the public may write to the board or appear in person. UDFCD will issue a formal notice to the public of the floodplain designation upon approval by the CWCB. A copy of the report can be found at the following link: L:\Shared Data\UDFCD\Dry Gulch Drainage Study\2017.02 FHAD FINAL A map of the floodplain taken from the report is attached to this communication. ANALYSIS: The acknowledgement of this report to the Colorado Water Conservation Board by the City of Englewood is a commitment to regulate the area as a floodplain. This acknowledgement does not include nor does it preclude the submittal of the floodplain to the Federal Emergency Management Administration for inclusion into the National Flood Insurance Program. A separate action by City Council will be required to authorize the inclusion of the floodplain into the National Flood Insurance Program. Matrix Design Group, Inc. has also completed the "Harvard Gulch and Dry Gulch Major Drainageway Plan Conceptual Design Report" dated December, 2016 report that identifies the conceptual design of a storm sewer system that will convey the runoff from a 100 year storm Page 327 of 353 through northeast Englewood. The completion of the recommended storm sewer system will remove the mapped areas from the designated floodplain. The project requires approximately $20 million to construct and the cooperation of the City and County of Denver for any work north of the City limit (E. Yale Av). FINANCIAL IMPLICATIONS: There are no direct cost implications with this recommended action ATTACHMENTS: Resolution Memo - Urban Drainage and Flood Control District Harvard Gulch Major Drainageway Plan Map Page 328 of 353 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION ACKNOWLEDGING THE SUBMISSION OF THE HARVARD GULCH AND DRY GULCH FLOOD HAZARD AREA DELINIATION REPORT TO THE COLORADO WATER CONSERVATION BOARD WHEREAS, the Urban Drainage and Flood Control District executed an agreement with Matrix Design Group, Inc. for a master planning and flood hazard area delineation studies of the Harvard Gulch and Dry Gulch; and WHEREAS, the City Council passed Ordinance No. 36, Series 2015 entering into an IGA with Urban Drainage and Flood Control District for the inclusion of the Dry Gulch into the delineation for Harvard Gulch; and WHEREAS, Matrix Design Group, Inc., completed the master plan in February of 2017; and WHEREAS, in January 2016 City Council was presented with an update on the Major Drainageway Plan, including a summary of alternatives to convey runoff from a 100 year storm through the City; and WHEREAS, in October 2016 City Council was presented with a second update on the Major Drainageway Plan, including a conceptual design and cost estimates for the All Pipe alternative; and WHEREAS, in July 2017 City Council was presented with an update on the adoption process, including the Resolution of the Urban Drainage and Flood Control District, accepting the study completed by Matrix Design Group, Inc., a copy of the letter sent to the Colorado Water Conservation Board by Urban Drainage, and a request that City Council provide an endorsement of the report to the Colorado Water Conservation Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby acknowledges the submission of the Harvard Gulch and Dry Gulch Flood Hazard Area Delineation Report to the Colorado Water Conservation Board. ADOPTED AND APPROVED this day of ________________________, 2017. _____________________________ Joe Jefferson, Mayor Page 329 of 353 ATTEST: __________________________________ 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 330 of 353 >0085393003??>&EEm.§:0~ Ozw0».mamrwéoom Socm0m_n<<0omwmaw?ww msm?éooa.OOweHo Danagm.Win >oo0Bum0w5mmam5:2mmmoouwomN80330:Z0.5.manmm0m83 SE0:mooou?m:5 8003 23000 Emuma>8»095930:E0230 9:00 mumUnwQ59:023 $033.No3 cw:5 W030 omUwmononm omEnGag:035%BE3009 Q0032 0:32..25 250330:rmmcom:@2593 8 En 020300 ¢<m8_.O00mQ.<m:0=womanA0305 23.mSauna mom:5.woman8mommmdw?amam~6nn0<o En So-w§ moomugcmEz£_...._5Enm?mw.¢<o mmwEm.w0=mama0Exam8 Km.H008:Em.>o:=m9322 8 O¢<OwCu.Bmuons»:£32.W005 ?r U923.00 883 nnmoibm"EmRncnmr C00:39.00108mono:3.O¢<Ow."Em_oo-.,\§E00013:30:5 ca303%cwm:mmaaaHon»: m0<o_.DBo:$.<<aEmawon8 cum?:8 unooomm0m3855 "EmR00:5 msaonumaoaommomwmsmmos~50 mu08<m_3.O¢<Ow.¢<m8.0 m<m:mEo8 mmmmm?won5 :8 0000.00:omEm moo%§a. 2.wonrm<mmow€333oosomnnnm$8 300:016 300200.Eommo00:39 80. m._w.cmm>z um>_z>om >20 _u_.OOU oozqmor 063.3 xm:_<_mo_Am:~.m.mxmoc=<mU_.:.u.o8«am_mu:o:muom-&m-mmd £8 <<.83 ><m:cm_was amw _umxwowémammo OO mom_4$2 <<<<<<.cQ_.oQ.o_dPage 331 of 353 Page 332 of 353 N .3’-3'.“-43'"-1 Em CWw>2 UW>HZ>Om >20 ELOOU OOZHWOF U_m.EdOH wmmorcdoz E.mmammomNo3 ¢>oonEm=oo omEcon Emumam>8»Uamaomaoa moamm_.<m&0:5.BE vgi‘..'t:u“." 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(7 I .1-n no: In '_ u.. mu ~ an -. . ..s.‘, mu , -.-.I EXHIBITA arvard Gulch 8.Dry Gulch FHA DFebruary2017 n .vamup.-...u.2..-... .nlu..-.3:.n...n,ab... .In E .a 4....\.1 In... .\r I O I!. _ .2 .a u . .3 T. .. u.aw Page 333 of 353 53705440542054305390538053105360533054005400541053905360539053505420 542054205360 53305430534054005360536053305360540053905330534053205420540054305440534053305400 53705380533053505390534053405300535054005370533054005330 53705380 540053505340 5340536053905330538053305330539053705400 54005410536053805370 53605410 536053905430 5420533053405360 5350540053105330540053405370 536053705380 5400 54305360537053205320 54305340537053705410544053305360 54205430533053505330533054205430541053905410540053605410534053405410 536053305380534053805340538053405410 530053505330535054405360 5330531053305400 5340 54005390 5300540053705370535053705410 53205400 5400540053305350 532053605370533053805420542053305400534054105350 542053405410543054305330 5390533053705410538054105360E FLOYD AVES DO W NI N G ST S CO R O N A ST S OG DE N STE BATES AVES LAFAYETTE STE GIRARD PLS HIGH STE EASTMAN AVES GILPI N STS RACE STE FLOYD PLSUNSET DRS VINE ST S WILLIAMS ST S FRANKLIN STS YORK ST SCLAYTONBLVDS VINE CT E AMHERST PLE DARTMOUTH PLS PEA RL ST S GAYLORD ST S COLUMBINE CIR E BATES PKWYS LA F A Y ET T E D R S HU M B OL DT ST E AMHERST AVES COR N E L L C I R ECORNELLPLS W A S H IN G T O N STS LAFAYETTE CTEDARTMOUTH C IR S EM E R S O N W A Y SCLARKSONCIRS UNIVERSITY CIRPRIVATE S W AS HI N GT O N ST E AMHERST AVES LAF AY ETT E S T EEASTMANAVES GILPIN ST E BATES PKWYVES HU MB OL D T STE BATES PKWYS MARI O N ST E EASTMAN AVEE AMHERST AVES FRANKLIN E EASTMAN AVEE CORNELL AVES EM E RS O N ST S RACE STE FLOYD AVES FRANKLI N ST S EME R S O N STS OGDE N STE DARTMOUTH AVEE AMHERST AVES CL A R K S O N STS GILPI N ST S FR A NKLI N ST S WILLI A MS ST S VI N E ST S CLAYTON BLVDS CLA R KS O N S T D ST SCOLUMBINECIRS CLAUDE CT SM ARIONCIREAMHERSTCIRSDOWNINGCIRSLAFAYETTECIRS YORK ST S GAYLORD STE CORNELL AVEE AMHERST AVEE AMHERST AVEE COLUMBIA PLE HARVARD AVES PEA RL STE FLOYD AVECONNECTINGRS VINE ST E DARTMOUTH AVEE WESLEY AVES RA C E ST 532653245325530953085317 53075329532353195328531053185320 531953295327 53195310532853305318532853325331533053375329536553685333534653645375537353695351 5350534553185319537953095320 531353445371 5315534753285316532753915341 536153175381 5354532253215383 5355 5385 5376532353895393 53785395533953775387 535353565374 533853085367 53125362532453705359 6830295472537180285230876912 3525698666337325 1927750079497609424782738016 328918791021513342157870 26253689487276978202 12588344526744125934 25331583 509822651416240313066525536794999685 5548 21006300 9000 39239575944189229731 4086869999059142930192219952100118835 2767101801224471265594091780547685905734 237101138528100729837E HAMPDEN AVEW YALE AVEE DARTMOUTH AVES DOWNIN G STS UNIVERSITY BLVDE HARVARD AVEHARVARDGULCHCity & County of DenverCity of EnglewoodCity & County of DenverCity of EnglewoodUnincorporated ArapCoCity of Englewood DryGulc hUpstream Study Limit Dry GulchDry GulchPotential SpilloverPotential Spilloverinto City Ditchinto City DitchCity DitchCity DitchShallow floodingShallow floodingaverage depthaverage depthless than 1 footless than 1 footPotential shallowPotential shallowflooding average flooding average depth less than 1 footdepth less than 1 footShallow floodingShallow floodingaverage depthaverage depthless than 1 footless than 1 foot0+0072+0070+0068+0066+0064+0062+0060+0058+0056+0054+0050+0048+0046+0044+0042+0018+0016+0014+0012+0010+008+006+004+002+00102+00100+0098+0096+0094+0092+0090+0088+0086+0084+0082+0080+0078+0074+0072+0068+0066+0064+0062+0060+0058+0056+0 0 54+0052+0050+0048+0046+0044+0042+0040+0038+0036+00 34+0030+0028+0026+0024+00 22+0020+0 0 18+0 0 16+0014+0012+0010+008+00 6+00 4+002+000+0052+0074+76+0070+0032+000+0072+0070+0068+0066+0064+0062+0060+0058+0056+0054+0050+0048+0046+0044+0042+0018+0016+0014+0012+0010+008+006+004+002+00102+00100+0098+0096+0094+0092+0090+0088+0086+0084+0082+0080+0078+0074+0072+0068+0066+0064+0062+0060+0058+0056+0 0 54+0052+0050+0048+0046+0044+0042+0040+0038+0036+00 34+0030+0028+0026+0024+00 22+0020+0 0 18+0 0 16+0014+0012+0010+008+00 6+00 4+002+000+0052+0074+76+0070+0032+00Dry GulchS GILPI N S T S FR A N KLI N S T S WILLIA M S STS VINE ST S CLAYTON BLVDS CLA R KS O N ST D ST SCOLUMBINECIRS CLAUDE CT SMARIONCIREAMHERSTCIRSDOWNINGCIRSLAFAYETTECIRS YORK ST S GAYLORD STE CORNELL AVEE AMHERST AVEE AMHERST AVEE COLUMBIA PLE HARVARD AVES PEA RL STE FLOYD AVECONNECTINGRS VINE ST E DARTMOUTH AVEE WESLEY AVES RA C E ST E FLOYD AVES D O W NI N G ST S CO R O N A ST S OG DE N STE BATES AVES LAFAYETTE STE GIRARD PLS HIGH STE EASTMAN AVES GIL PI N ST S RACE STE FLOYD PLSUNSET DRS VINE ST S WILLIAM S ST S FRANKLIN STS YORK ST SCLAYTONBLVDS VINE CT E AMHERST PLE DARTMOUTH PLS PEARL ST S GAYLORD ST S COLUMBINE CIR E BATES PKWYS LA FA Y ET TE D R S HUMB OL DT S T E AMHERST AVES COR N E L L C I R ECORNELLPLS W A S H IN G T O N STS LAFAYETTE CTEDARTMOUTH C IR S EM E R S O N W A Y SCLARKSONCIRS UNIVERSITY CIRPRIVATE S WAS HI N GT O N ST E AMHERST AVES LAFA Y ETT E STEEASTMANAVES GILPIN ST E BATES PKWYVES H U MB OL DT STE BATES PKWYS MARI O N ST E EASTMAN AVEE AMHERST AVES FRANKLIN E EASTMAN AVEE CORNELL AVES EM E RS O N ST S RACE STE FLOYD AVES FRAN KLI N ST S EME R S O N ST S OG D E N STE DARTMOUTH AVEE AMHERST AVES CL A R KS O N ST0 200 400100FeetFlood Hazard Area DelineationFebruary 2017Matrix Design Group, Inc.1601 Blake St. #200Denver, CO 80202(303) 572-0200FILE: G:\gis_projects\UDFCD_Harvard_Gulch\active\apps\FHAD\UDFCD_DG_Floodplain_Map.mxd, 3/13/2017, Andrea_SantoroInstructions to print an area smaller than the full page to scale:1. Using the “Snapshot” tool, select the desired area to print.2. Click File –> Print3. Select your printer from the printer dropdown menu.4. Select the desired paper size using the printer “Properties” menu. 5. Choose the “Selected Graphic” option under “Print Range”6. Select ‘None” from the “Page Scaling” dropdown menu.7. Unselect “Choose Paper Source by PDF Page Size”.8. Click “OK” to print selection.Vertical Datum: NAVD 88Horizontal Datum: NAD83Contour Interval: 2 FeetNotes:Topographic information providedby the USGS, 2014LegendMunicipal BoundaryParcelHEC-RAS Cross SectionLetter of Map Amendment (LOMA) - ApprovedContours (10 ft)Contours (2 ft)Base Flood ElevationFloodway (0.5 ft rise)100-Year Floodplain (1% Annual Chance Flood)100-Year Shallow Flooding (1% Annual Chance Flood)500-Year Floodplain (0.2% Annual Chance Flood)Letter of Map Amendment (LOMA) - DeniedBoundary Between Flooding SourcesPage 334 of 353 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sam Watson DEPARTMENT: Police DATE: October 2, 2017 SUBJECT: Memorandum of Understanding (MOU) with Town of Morrison DESCRIPTION: Memorandum of Understanding (MOU) with Town of Morrison RECOMMENDATION: Staff recommends approval for a MOU approving an Intergovernmental Agreement between the City of Englewood and the Town of Morrison. PREVIOUS COUNCIL ACTION: None SUMMARY: Emergency Interim Chief of Police On August 29, 2017, the Colorado Association of Chiefs of Police (CACP) posted a need for an Interim Police Chief for the Town of Morrison. They requested that the candidate be “… a command-level individual or perhaps even a well-regarded Sergeant”. After a selection process, Detective Sergeant Brian Cousineau was offered the position as an Interim Police Chief during the next 4-6 months, while the Town of Morrison searches for a permanent Police Chief. The Town of Morrison consists of about 430 residents; however, tens of thousands of people pass through the Town on a daily basis. The Morrison Police Department (MPD) provides 24-hour full policing services to the Town; including services to Red Rocks Amphitheatre and Bandimere Speedway. The MPD consists of eight full-time sworn police officers, five part-time sworn police officers, and 15 reserve police officers. Benefits to the City of Englewood The City of Englewood (COE) would benefit from this opportunity by performing inter-agency cooperation with another metro area city in need of assistance. The COE would also benefit by furthering the development of an experienced supervisor as he gains valuable hands on knowledge and skills, which could then be applied with the Englewood Police Department. The COE would stand to benefit financially as the Town of Morrison has agreed to pay for the services of Sergeant Cousineau in the amount of $40.00 per hour. Sergeant Cousineau’s current salary is $45.01 per hour. Sergeant Cousineau will be sub-contracted through the Town of Morrison, while having limited responsibilities to the Investigations Bureau at the Englewood Police Department. Sergeant Cousineau will still be available for significant investigative needs Page 335 of 353 if or when that were to occur in the City of Englewood and will be at EPD one day (8-hours) every week. ANALYSIS: Staff recommends that this is approved for the following reasons: 1. The experience of acting as an interim police chief is invaluable in that the Englewood Sergeant will experience a variety of "high level" situations that will allow him to progress professionally in a way that will enhance his training and his development as a member of the Police Department Command Group. 2. By allowing this Sergeant to assist Morrison Police, it will increase our interagency local relationships with this and other departments in the Denver Metropolitan Area. 3. Succession planning for the police department is extremely important. This will help develop future leaders within our organization. 4. The reimbursement from the Town of Morrison to the City of Englewood will partially cover the salary and benefits of the Sergeant. FINANCIAL IMPLICATIONS: Financial Benefits to the City of Englewood The Town of Morrison has agreed to compensate the City of Englewood a salary pay of $40.00 per hour. Sergeant Cousineau would work for the Town of Morrison 32-hours per week and extrapolated out over the conservative estimate of four months, this would equal compensation to the City of Englewood in the amount of approximately $20,480.00. In addition, if Sergeant Cousineau is required to work overtime hours, the Town of Morrison will reimburse Englewood at the rate of $67.52. Sergeant Cousineau’s current salary and benefit pay for a 40-hour week, during the same four- month period would equal approximately $37,448.32 (without overtime). ALTERNATIVES: The decision could be made that this MOU is not approved and the Staff person with the Police Department is not sent to the Town of Morrison as described above. CONCLUSION: Staff recommends that this Mou is approved. ATTACHMENTS: MOU Page 336 of 353 GED\47013.13\471563.1 MEMORANDUM OF UNDERSTANDING POLICE SERVICES TEMPORARY ASSIGNMENT This Memorandum of Understanding for Police Services Temporary Assignment ("MOU"), is entered into as of the ____ day of October, 2017 by and between the Town of Morrison, Colorado ("Morrison"), and the City of Englewood, Colorado ("Englewood"), together referred to herein as the Parties. RECITALS A. Morrison and Englewood each operate a police department, authorized as a part of their governmental functions. B. The position of Chief of the Morrison police department is presently vacant, and the Town is currently performing a search to fill the position. During this period, Morrison is in need of a qualified law enforcement employee to serve as Interim Police Chief. C. Morrison and Englewood have identified an employee of the Englewood police department who is qualified to serve as Interim Police Chief in Morrison, and who is willing to undertake this temporary assignment. D. The Parties wish to enter into this MOU for the purpose of permitting the Englewood employee to serve as Morrison Interim Police Chief, under the terms and conditions contained herein. E. The Parties are authorized to enter into this MOU pursuant to Article XIV Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S., as the power to provide police services is authorized to both. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: 1. Temporary Assignment Englewood hereby permits Sergeant Brian Cousineau (“Cousineau”), an employee of Englewood, to serve as Interim Police Chief for the Town of Morrison, for a term commencing on October 4, 2017 and concluding upon the hire and first day of employment by Morrison of a permanent Police Chief, or until February 28, 2018, whichever first occurs. This assignment shall be subject to the following terms and conditions: a. Employment: Cousineau will retain his position with the Englewood Police Department, and will return to that full time position at the conclusion of the temporary assignment as Morrison Interim Police Chief. Page 337 of 353 GED\47013.13\471563.1 -2- b. Morrison and Englewood shared duties: Cousineau will be expected to work 32 hours per week for Morrison, and 8 hours per week for Englewood. It is anticipated that Morrison may require Cousineau to work more than 32 hours in a given week due to the nature of the Interim Police Chief Position and responsibilities. c. Compensation: Because Cousineau is to retain his position with Englewood, and because of the shared nature of the interim Police Chief arrangement created hereby, the Parties agree that rather than Morrison paying Cousineau directly, Englewood shall continue to pay Cousineau at his current hourly rate of pay, for his current 40 hour work week, including benefits. The Parties further agree that Morrison shall reimburse Englewood for Cousineau’ s services at the rate of $40.00 per hour for each 32 hour week, and at an overtime rate of $67.52 per hour for any hours in excess of 32 hours that Cousineau works for Morrison in any week. Reimbursement payments shall be made by Morrison to Englewood on a monthly basis. Morrison shall be responsible for recording the number of hours that Cousineau works in each week, including overtime hours, and for supplying that record to Englewood with each monthly reimbursement payment. d. Benefits: Because Cousineau will remain an employee of Englewood, Morrison shall not be responsible for any benefits for Cousineau as a result of the Interim Police Chief position; such benefits to continue to be provided by Englewood under the terms and conditions presently applicable to Cousineau in Englewood. e. Liability and Insurance: Morrison shall place Cousineau on its policy of insurance with the Colorado Intergovernmental Risk Sharing Agency (CIRSA), to be fully covered in the same manner as all other Morrison police department employees. Morrison agrees that all actions or failures to act by Cousineau in his work as Morrison Interim Police Chief shall be the sole and exclusive responsibility of Morrison. Englewood agrees that all actions or failures to act by Cousineau during the 8 hours per week he works for Englewood shall be the sole and exclusive responsibility of Englewood. f. POST certification. The Parties agree that Cousineau shall be responsible for obtaining a letter from POST that he has been advised of any potential conflicts arising out of this temporary assignment, including any potential conflicts arising out of his supervision of a former Englewood officer who is currently an employee of Morrison. Such acknowledgment shall also be made a condition of an independent contractor agreement between Morrison and Cousineau. Page 338 of 353 GED\47013.13\471563.1 -3- 4. Term This MOU shall take effect on October 4 and shall remain in effect until the hire and first day of employment by Morrison of a permanent Police Chief, or until February 28, 2018, or upon termination by either party as permitted by paragraph 5, whichever first occurs. 5. Termination This MOU may be terminated by either Party, with or without cause upon twenty (20) day's prior written notice to the other. In the event of termination, Morrison shall pay to Englewood all compensation for regular (32 hours per week) and overtime hours worked by Cousineau to the effective date of termination. 6. Notices Except as otherwise provided herein, all notices permitted or required under this MOU shall be in writing, signed by the Party giving the same, and shall be deemed properly given when actually placed in the United States mails first class postage prepaid, or personally delivered to the other Party, addressed to them at the addresses appearing on the signature page hereof. Each Party, by written notice to the other, may specify any other address for the receipt of such notices. 7. Applicable Law and Venue This MOU shall be interpreted in all respects in accordance with the laws of the state of Colorado. Jurisdiction and venue for any court proceeding related to this MOU shall be proper and exclusive in the District Court for Jefferson County, Colorado. 8. Entire Agreement This MOU constitutes the entire agreement and understanding between the Parties on the subjects contained herein. This MOU may be modified or amended only by a duly authorized written instrument executed by both Parties hereto. 9. Approval; Binding Effect In accordance with C.R.S. § 29-1-203(1), this MOU shall not become effective unless and until it has been approved by the governing bodies of both Englewood and Morrison. 10. No Joint Venture; No Agency This MOU does not create a joint venture between the Parties, nor does it constitute either Party as an agent of the other. Page 339 of 353 GED\47013.13\471563.1 -4- 11. Indemnification and Insurance Except as specifically provided by Paragraph 1(e), to the extent permitted by the Colorado constitution and statutes, each Party indemnifies the other from and against all claims, cases of action, damages, awards and attorney fees arising out of each Party's performance of its duties pursuant to this MOU. Neither Party waives any of the protections afforded it by the Colorado Governmental Immunity Act, § 24-10-101, et seq. C.R.S., or any other statutory or common law immunity. WHEREFORE, the Parties have executed this MOU as of the date first set forth above. TOWN OF MORRISON, COLORADO By: ____________________________ Sean Forey, Mayor ATTEST: Address: 321 Hwy. 8 Morrison CO 80465 By: __________________________ Lyndsey Davis, Town Clerk CITY OF ENGLEWOOD, COLORADO By: ___________________________ Joe Jefferson, Mayor Address: 1000 Englewood Parkway, Englewood, CO 80110 By: _________________________ Stephanie Carlile, City Clerk Page 340 of 353 GED\47013.13\471563.1 MEMORANDUM OF UNDERSTANDING POLICE SERVICES TEMPORARY ASSIGNMENT This Memorandum of Understanding for Police Services Temporary Assignment ("MOU"), is entered into as of the ____ day of October, 2017 by and between the Town of Morrison, Colorado ("Morrison"), and the City of Englewood, Colorado ("Englewood"), together referred to herein as the Parties. RECITALS A. Morrison and Englewood each operate a police department, authorized as a part of their governmental functions. B. The position of Chief of the Morrison police department is presently vacant, and the Town is currently performing a search to fill the position. During this period, Morrison is in need of a qualified law enforcement employee to serve as Interim Police Chief. C. Morrison and Englewood have identified an employee of the Englewood police department who is qualified to serve as Interim Police Chief in Morrison, and who is willing to undertake this temporary assignment. D. The Parties wish to enter into this MOU for the purpose of permitting the Englewood employee to serve as Morrison Interim Police Chief, under the terms and conditions contained herein. E. The Parties are authorized to enter into this MOU pursuant to Article XIV Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S., as the power to provide police services is authorized to both. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: 1. Temporary Assignment Englewood hereby permits Sergeant Brian Cousineau (“Cousineau”), an employee of Englewood, to serve as Interim Police Chief for the Town of Morrison, for a term commencing on October 4, 2017 and concluding upon the hire and first day of employment by Morrison of a permanent Police Chief, or until February 28, 2018, whichever first occurs. This assignment shall be subject to the following terms and conditions: a. Employment: Cousineau will retain his position with the Englewood Police Department, and will return to that full time position at the conclusion of the temporary assignment as Morrison Interim Police Chief. Page 341 of 353 GED\47013.13\471563.1 -2- b. Morrison and Englewood shared duties: Cousineau will be expected to work 32 hours per week for Morrison, and 8 hours per week for Englewood. It is anticipated that Morrison may require Cousineau to work more than 32 hours in a given week due to the nature of the Interim Police Chief Position and responsibilities. c. Compensation: Because Cousineau is to retain his position with Englewood, and because of the shared nature of the interim Police Chief arrangement created hereby, the Parties agree that rather than Morrison paying Cousineau directly, Englewood shall continue to pay Cousineau at his current hourly rate of pay, for his current 40 hour work week, including benefits. The Parties further agree that Morrison shall reimburse Englewood for Cousineau’ s services at the rate of $40/hour which is 89% of current hourly rate for each 32 hour week, and at an overtime rate of $67.52 per hour for any hours in excess of 32 hours that Cousineau works for Morrison in any week. Reimbursement payments shall be made by Morrison to Englewood on a monthly basis. Morrison shall be responsible for recording the number of hours that Cousineau works in each week, including overtime hours, and for supplying that record to Englewood with each monthly reimbursement payment. d. Benefits: Because Cousineau will remain an employee of Englewood, Morrison shall not be responsible for any benefits for Cousineau as a result of the Interim Police Chief position; such benefits to continue to be provided by Englewood under the terms and conditions presently applicable to Cousineau in Englewood. e. Liability and Insurance: Morrison shall place Cousineau on its policy of insurance with the Colorado Intergovernmental Risk Sharing Agency (CIRSA), to be fully covered in the same manner as all other Morrison police department employees. Morrison agrees that all actions or failures to act by Cousineau in his work as Morrison Interim Police Chief shall be the sole and exclusive responsibility of Morrison. Englewood agrees that all actions or failures to act by Cousineau during the 8 hours per week he works for Englewood shall be the sole and exclusive responsibility of Englewood. f. POST certification. The Parties agree that Cousineau shall be responsible for obtaining a letter from POST that he has been advised of any potential conflicts arising out of this temporary assignment, including any potential conflicts arising out of his supervision of a former Englewood officer who is currently an employee of Morrison. Such acknowledgment shall also be made a condition of an independent contractor agreement between Morrison and Cousineau. Page 342 of 353 GED\47013.13\471563.1 -3- 4. Term This MOU shall take effect on October 4 and shall remain in effect until the hire and first day of employment by Morrison of a permanent Police Chief, or until February 28, 2018, or upon termination by either party as permitted by paragraph 5, whichever first occurs. 5. Termination This MOU may be terminated by either Party, with or without cause upon twenty (20) day's prior written notice to the other. In the event of termination, Morrison shall pay to Englewood all compensation for regular (32 hours per week) and overtime hours worked by Cousineau to the effective date of termination. 6. Notices Except as otherwise provided herein, all notices permitted or required under this MOU shall be in writing, signed by the Party giving the same, and shall be deemed properly given when actually placed in the United States mails first class postage prepaid, or personally delivered to the other Party, addressed to them at the addresses appearing on the signature page hereof. Each Party, by written notice to the other, may specify any other address for the receipt of such notices. 7. Applicable Law and Venue This MOU shall be interpreted in all respects in accordance with the laws of the state of Colorado. Jurisdiction and venue for any court proceeding related to this MOU shall be proper and exclusive in the District Court for Jefferson County, Colorado. 8. Entire Agreement This MOU constitutes the entire agreement and understanding between the Parties on the subjects contained herein. This MOU may be modified or amended only by a duly authorized written instrument executed by both Parties hereto. 9. Approval; Binding Effect In accordance with C.R.S. § 29-1-203(1), this MOU shall not become effective unless and until it has been approved by the governing bodies of both Englewood and Morrison. 10. No Joint Venture; No Agency This MOU does not create a joint venture between the Parties, nor does it constitute either Party as an agent of the other. Page 343 of 353 GED\47013.13\471563.1 -4- 11. Indemnification and Insurance Except as specifically provided by Paragraph 1(e), to the extent permitted by the Colorado constitution and statutes, each Party indemnifies the other from and against all claims, cases of action, damages, awards and attorney fees arising out of each Party's performance of its duties pursuant to this MOU. Neither Party waives any of the protections afforded it by the Colorado Governmental Immunity Act, § 24-10-101, et seq. C.R.S., or any other statutory or common law immunity. WHEREFORE, the Parties have executed this MOU as of the date first set forth above. TOWN OF MORRISON, COLORADO By: ____________________________ Sean Forey, Mayor ATTEST: Address: 321 Hwy. 8 Morrison CO 80465 By: __________________________ Lyndsey Davis, Town Clerk CITY OF ENGLEWOOD, COLORADO By: ___________________________ Joe Jefferson, Mayor Address: 1000 Englewood Parkway, Englewood, CO 80110 By: _________________________ Stephanie Carlile, City Clerk Page 344 of 353 Renewable*Connect Colorado Page 345 of 353 Program at a Glance •50 MW additional solar •Located in Deer Trail, CO •Potential for growth Renewable Resource •Capacity subscriptions, up to 100% of usage •Flexible terms: monthly, 5-year, or 10-year •RECs retired on behalf of customer Customer Offer Page 346 of 353 •Charge: price schedule known up-front and locked-in for subscription term •Credit: avoided energy + avoided capacity, credit fluctuates based on natural gas prices •Strong potential to see savings over time •Modest termination fee Pricing Page 347 of 353 •Maximum subscription size –10% of program per premise –40% of program per entity –100% of customer use, less any DG •Cannot participate in R*C and Windsource simultaneously •Can participate in R*C alongside Solar*Rewards or Solar*Rewards Community Subscription Limitations 4Page 348 of 353 Renewable*Connect Claim renewable energy benefits (solar) Direct from Xcel Energy, flexible contracts Potential for cost savings No cost to non- subscribers Solar*Rewards Community No claim to renewable energy benefits 3rd party contracts; typically 25 years Potential for cost savings High-cost solar paid by all customers Windsource Claim renewable energy benefits (wind) Direct from Xcel Energy, month to month Cost savings not likely No cost to non- subscribers Program Comparison 5Page 349 of 353 Timeline Enrollment Process 6 •August 2017: PPA price announcement •Late 2017: Program pricing released •Early 2018: Enrollment begins •Late 2018: Resource built and billing begins Page 350 of 353 Additional Information Enrollment Process 7 •Website –www.xcelenergy.com/RenewableConnect –www.xcelenergy.com/RenewableConnectBusiness •Email –RenewableConnectCO@xcelenergy.com Page 351 of 353 Information Sheet Colorado Renewable*Connect Solar energy that’s easy, flexible and affordable Our customers have a strong commitment to lowering environmental impacts. Today they get 25% renewable energy through our standard energy mix, but many customers want even more. Our new Renewable*Connect program gives customers a flexible, convenient, locally sourced, and affordable way to truly go solar. Benefits It provides fast access to a newly constructed renewable resource. Customers can subscribe to a dedicated new 50 MW solar farm near Deer Trail, Colorado in eastern Arapahoe County. Participants won’t have to deal with long-term lease or loan offers, on-site solar panels or equipment maintenance. It’s flexible. Customers can choose to power some or all of their energy needs with the full benefits of solar under convenient month-to-month, 5-year and 10-year subscription terms. It offers the potential to save money. Pre-determined and fixed price schedules are set for the life of the contract. The longer the contract, the more economical it could be. It supports corporate sustainability efforts. For companies and organizations that have set sustainability goals, the program provides a way to meet these goals and claim their renewable energy usage by having Renewable Energy Credits (RECs) retired on their behalf. Green-e Energy Certification All Renewable*Connect energy will be Green-e Energy certified to meet environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. Page 352 of 353 Information Sheet xcelenergy.com | © 2017 Xcel Energy Inc. | Xcel Energy is a registered trademark of Xcel Energy Inc. | 17-06-323 Renewable*Connect Colorado Renewable*Connect Charge: This is made up of three parts– the contract locks in charges for the life of the subscription. • Solar costs – The cost of the energy delivered from the new Renewable*Connect solar resource; a fixed value over the 20-year life of the program. • Solar integration costs – The cost to integrate that solar energy into our grid; a fixed value over the 20-year life of the program. • Marketing/administration costs – The cost to market and administer the program, including IT upgrades. This may change annually, but is based on a pre-determined and fixed price schedule. Renewable*Connect Credit: Subscribers also receive two financial credits. • Energy credit – The value of the energy that Xcel Energy does not need to purchase or generate as a result of Renewable*Connect’s new solar resource. The credit will be calculated annually and will change annually, primarily based on changes in natural gas prices (the energy source typically avoided). • Capacity credit – The value of energy capacity that Xcel Energy does not need to build or buy as a result of the new solar resource. The credit is fixed and locked for the life of the program. Looking for similar benefits available now, without long-term contracts? Check out Windsource® – one of the nation’s top green pricing programs with more than 80,000 subscribers. xcelenergy.com/windsource Want to explore even more ways to go solar? Solar*Rewards® offers incentives for customers to install rooftop solar on their homes or businesses. Solar*Rewards Community® allows customers to financially support a solar garden and get paid for the garden’s solar output through Xcel Energy bill credits. (Subscriptions do not including offsetting your energy use with renewable energy.) xcelenergy.com/solar Pricing Renewable*Connect is priced as an add-on to the current electric bill. There are two components, a Renewable*Connect Charge and a Renewable*Connect Credit: Timeline and next steps • Early 2018 – program enrollment available • Late 2018 – solar farm on-line and customer begin receiving solar energy Page 353 of 353