HomeMy WebLinkAbout2016-05-02 (Regular) Meeting Agenda Packet.,. EliQlewood
1000 Englewood Pkwy -Council Chambers
Englewood, CO 8011 O
1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of Minutes of Previous Session.
AGENDA
Regular City Council Meeting
Monday, May 2, 2016 •7:30 p.m.
a. Minutes from the Regular City Council Meeting of April 18, 2016.
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. Sofia Montoya, Englewood High School student, will address Council regarding
Future Business Leaders of America.
b. Ida May Nicholl, Englewood resident, will address Council regarding marijuana
social clubs.
c. Doug Cohn, Englewood resident, will address Council regarding historic
preservation.
7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled
Public Comment at the beginning of the meeting. (This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification, but there will not be any dialogue. Please
limit your presentation to three minutes. Time for unscheduled public comment may be limited to
45 minutes, and if limited, shall be continued to General Discussion .)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
Please note: If you have a disabilit y and need auxiliary aids or services, p le ase notify the City of Englewood
(303-762·2405 ) at least 43 hours in advance of when services are needed .
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill 19 -Public Works staff recommends Council approve a bill for an
ordinance approving an IGA with COOT for the Senate Bill 8 Traffic Signal
Maintenance. Staff: Traffic Engineer Ladd Vostry
ii. Council Bill 20 -Public Works staff recommends Council approve a bill for an
ordinance to enter into an agreement with Cherry Hill Village for $104, 157.90 for
the City of Englewood's share (half of the roadway) of the installation Cape Seal,
an asphalt treatment to resurface Clarkson from Highway 285 to Belleview
Avenue. Staff: Right-of-Way Services Manager Larry Nimmo
b. Approval of Ordinances on Second Read ing.
c. Resolutions and Motions.
10. Public Hearing Items.
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill 18 -Public Works staff recommends Council approve a bill for an
ordinance accepting the dedication of land for right-of-way along S. University
Blvd. and accepting an easement for sidewalk, traffic signal equipment, and
s ignage . Staff: Right-of-Way Services Manager Larry Nimmo
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. City Manager's Office recommends Council approve a motion approving a
Memorandum of Understanding (MOU) with the Museum of Outdoor Arts (MOA)
fo r a Design and Build artwork project on four traffic signal boxes. Staff:
Assistant City Manager Murphy Robinson
ii. Public Works staff recommends Council approve a motion to award a contract for
$43,957.65 with Colorado Carpet Center Inc. to replace carpet at the Malley
Senior Recreation Center. Staff: Facilities and Operations Manager Michael
Hogan
P!ease note: lf you havo a di:;abi!ity a.nd need auxiliary aids or sS",:ices# please ncti~; t'1e City of Eng!e\vocd
(303 -762-2405) at least 48 hours in advance of when services are needed.
\
12.
13.
14.
15.
iii. Public Works staff recommends that City Council award, by motion, a contract
with Custom Concrete Cutting, Inc., in the amount of $425,856.15, for
construction of Concrete Utility 2016. Staff: Right-of-Way Manager Larry
Nimmo
General Discussion.
a. Council Liaison Update
b. Mayor's Choice.
c. Council Members' Choice .
City Manager's Report.
City Attorney's Report.
Adjournment.
Please note: If you have a disability and need auxiliary aids or services. please notify the Oty of Englewood
(303·762-2405) at least 48 hours in advance of when se tVices are needed.
Englewood City Council Meeting
5/02/2016
Subject: I Bake Social Club
Good evening Mayor Jefferson, Council Members and City Manager Eric Keck.
I'm speaking this evening in regards to the Marijuana Social Clubs, in particular the
"I Bake" that many people are talking about. But first I would like to talk about
Kathie's Chalet; the beautiful historic business that existed for many years at the
location on South Broadway where the "I Bake" is located today.
This building was brown and had that magical look of a Swiss Chalet that you would
see in Europe. While driving on Broadway, as I often did, I always looked for that
special Chalet magic, as there was none other like it anywhere that I knew of. I could
see those large windows with the beautiful glass display cases with the most elegant
figurines and other types of various collectables ordered from Europe. Christmas was
an exquisite delight. They had a Christmas tree that rose from the floor to the ceiling; in
those days unheard of and decorated with unique items that you could buy as gifts.
The couple that owned the Chalet, still had an accent that was dear and sweet, and
they treated their customers with great respect. Their business was called Kathie's
Chalet after the wife. As the couple grew older and the husband passed away, Kathie
carried on the business for a number of years, but eventually she couldn't take care of
it all. She marked her merchandise down and held sales and then held an auction
where everything was sold. I was fortunate to bid on a couple of display cases and
received them. I treasure and respect them for where they came from.
Some months ago when driving by I saw the sign that reads "I Bake."
I was excited with a new business in town which I thought must be a bakery, and
how wonderful to fill this empty Chalet with the wonderful smell of bakery items!
I stopped to see what kind of baked goods they were selling and I also wanted to
see if I could put a poster in their window.
Well, did I get a surprise! At that time there weren't signs and the dark brown
curtains covering all the large windows as they have now, but you did have to ring
a bell to get in which I thought was very odd and suspicious.
,/
I
A man came to the door, but slipped out quickly and closed the door behind him,
which I also thought odd. I asked him what kind of bakery goods are you selling?
For a moment he just looked at me and then he realized that I didn't have a clue I
The man kind of him-hawed for another moment and then told me that his
business wasn't a bakery, but a place for people to gather and smoke cigarettes
and tobacco pipes. He said he really wanted to be part of our community as a new
business and would put my poster up on a message board for people to see.
I thanked him and walked away with much doubt in my mind about his business,
my poster, and with thoughts that this business was much more than just smoking
cigarettes and tobacco pipes.
There are now signs on the windows that say "we don't sell marijuana products
here." However, the signs do not say they can't smoke marijuana and on one of
the signs it shows the marijuana leaf symbol.
I ask you City Council; please do not grant this business to be grand-fathered into
our city. It seems to be common knowledge they have mislead or lied on their
application for a license. Englewood is our own unique city. We don't need to look
to see what other cities are doing. Let us be the leaders to keep our city strong,
family orientated and not let the outsiders change us.
Some say our citizens voted for the marijuana. However, many have told me they
didn't really want the marijuana in our city and only voted because they were told
millions would go to our schools and that marijuana is harmless.
It's sad to think of one of our historic buildings now housing a marijuana smoking
social club and most importantly look at the great cost to our children, our citizens,
our community, and to our state.
I am not speaking tonight for any organization. I am speaking my own personal
opinion as a citizen of Englewood for almost 62 years. I moved to Englewood in
1954, after graduating from high school near Colorado Springs.
I thank you council for your consideration on this important matter.
Ida May Nicholl
r--~~~~~~~~~~)~~
I BAKE Store May 2, 2016 l/J
Signs in the windows
Englewood school campus 3800 So. Logan Englewood, CO 80113 Fisher Auditorium
SEE FACE BOOK FOR MORE DETAILS: "ENGLEWOOD HIGH SCHOOL MILITARY MEMORIAL"
Presented In partnership with Englewood Historic Preservation Society www.HISTORICENGLEWOOD.ORG
Council May 2 talk
1. Invitation to Veteran's Event Sat. May 28 2 PM at HS
2. The tree-Atty Comer, code officers
3. Eclectic used to describe the neighborhoods with older
homes in Englewood-
a. Term used by P&Z, the Consultants, City staff
b. Pejorative -with such a mish mash of homes-we need to
replace the old ones with new ones.
4. Definition: a mix of ideas, style, taste from a variety of
sources-wide ranging, broad based
5. The older neighborhoods are eclectic in that the kits used to
build them came from 8 different companies. There were
more than 150 different styles just from Sears. Some were
small, others large. There was a mix of materials wood and
brick, a variety of porches. Many had dormer windows in the
attic rooms. What they have in common is all were ordered
from catalogues, the materials were precut and numbered,
the sticks then shipped by rail to the depot. The builders
picked up the parts and put the houses together. In that
sense, they are the same, not eclectic.
6. There were no large home building companies like we have
now. A whole group of entrepreneurs individually built them.
Norman H. Mclellan was one of those. He built many of the
homes on both sides of Broadway while being a City
Councilman and after.
7. These homes are a treasure if we can see that: Lots of people
want craftsman homes. They are an asset, not a liability. Lots
of cities preserve them with special designations. Colorado
Spgs, Manitou Spgs, Montrose, Denver Capitol Hill, Highlands,
Wash Park West, University Hill in Boulder, Golden. These
cities have recognized the vintage charm of these
neighborhoods. With some marketing, Englewood could be
recognized as a place with lots of totally cool homes.
8. Neighborhoods have become eclectic because of new out of
place construction you have allowed.
If it doesn't fit ... don't build it.
Dangerous tree situation
4884 S . Lincoln St.
Owner Chris Duis
Tree is on neighbor's property
Has broken the fence
Tree is rotten and splitting at joint
When the tree falls, it will hit the Duis home, the
rental unit and/ or the cars in the street.
Owner has been cited several times across several
years about it.
Nothing has been done-he has disregarded the
notices and has not mitigated the danger.
I wrote a letter to Atty. Comer a month ago
about it asking for help and guidance. I am not
aware of any efforts by City to do anything.
Does Chris have to wait for his home to be
crushed?
What can be done? In other code violation
situations, the City has dealt with the problems and
sent a bill to the offender.
Please help in this situation before there is either
property or personal injury.
Do you know you are living in an historic home?
A hundred years ago, there were not any large home building companies.
Homes were ordered from catalogs. Sears and Montgomery Ward were the
two largest. Your home is one of those. Almost all of the homes in this area
were built from kits by skilled carpenters, though you could do it yourself.
These homes are called Craftsman, bungalows and Arts and Crafts homes.
SEARS
MODERN HOMES
1913
HKAH8. l fOltlUi CJ{ AND CO.
You made the order and factories would precut all the pieces and put together the
windows and doors, then ship the kit to you by train. There were more than 150
models to choose from.
Then local builders, like former Englewood City Council man Norman H. Mclellan picked it up from the train
station and built it. If you ordered your home after about 1916 it even came with an indoor bathroom. These
classic homes are in danger of being destroyed . Please change the comp plan to allow these homes to be saved.
Kit homes sold by Sears and Wards and other companies
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The sectional house you could add on as family gets larger. The houses were inexpensive, made of real wood and
have stood most of a hundred years. They made many different styles, a few of which are shown here.
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The EDISON
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 2, 2016 9ai Intergovernmental Agreement (IGA) between the
City of Englewood and the Colorado Department of
Transportation (COOT) for the maintenance of
traffic control devices on state highways within
Englewood city limits
Initiated By: Staff Source:
Department of Public Works Ladd Vestry , Traffic Engineer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Over the past 40 years, City Council approved numerous bills for an ordinance to enter into
contracts with the Colorado Department of Transportation (COOT) for reimbursement of costs
associated with the operation and maintenance of traffic control devices on state highways
within Englewood city limits (per Senate Bill No. 8of1974). Staff discussed this matter with City
Council at the April 25, 2016, Study Session .
RECOMMENDED ACTION
Staff requests that City Council adopt a bill for an ordinance to enter into a contract with COOT
for operation and maintenance services of traffic control devices provided by the City on state
highways within city limits . The agreement will allow COOT to reimburse the City for costs of
• these maintenance services in the amount of $61,200.00 per State fiscal year.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Section 43-2-102 and 103, C .R.S ., require the state to maintain state highways , and Section 43-
2-135(1)(i), C .R.S ., requires the state to install , operate , maintain, and control, at state expense,
all traffic control devices on the state highway system within cities . The City of Englewood and
COOT desire to enter into this contract for the City to provide maintenance services that are the
responsibility of the State , and for the State to pay the City a negotiated fixed rate for such
services. The rate of reimbursement has been renegotiated by staff at the current fair market
rates , agreed upon by COOT, and shall be for a term of five (5) years. Specific locations located
within the City of Englewood for which the City will provide the maintenance services , including
S . H . 285 and S . H. 88 (Belleview), are described in the contract Exhibit A.
FINANCIAL IMPACT
The total amount of the new contract comes to $61,200.00 per year. COOT payments to the
City shall be on a "lump sum" monthly basis of $5, 100.00 . There are no financial obligations for
the City other than providing funds up front for maintenance and operation services, which are
later reimbursed by COOT. (Over the past several years, the City spent on an average of
$58,000 per year for maintaining the COOT signals per this IGA.) Adequate funds are
available in the Traffic Engineering Division budget to satisfactorily perform necessary operation
and maintenance services as outlined in the Contracts' Scope of Work (Exhibit A).
UST OF ATTACHMENTS
Bill for an Ordinance
• Contract (IGA) between COOT and City of Englewood
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCILBILLNO. 19
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (!GA)
REGARDING STATE SENATE BILL 8, TRAFFIC CONTROL DEVICES MAINTENANCE
CONTRACT, ALLOWING THE COLORADO DEPARTMENT OF TRANSPORTATION TO
REIMBURSE THE CITY FOR COSTS OF TRAFFIC CONTROL DEVICES, OPERATIONS
AND MAINTENANCE.
WHEREAS, the Englewood City Council previously approved several ordinances entering into
agreements with the Colorado Department of Transportation (CDOT) allowing CDOT to reimburse
Englewood for costs associated with highway maintenance services on state highways within
Englewood city limits; and
WHEREAS, Sections 43-2-102 and 43-2-103 C.R.S. require the State to maintain state
highways; and Section 43-2-135(1)(i) C.R.S. requires the State to install, operate, maintain and
control, at State expense, all traffic control devices on state highways within cities; and
WHEREAS, by the adoption of Colorado State Senate Bill No. 8of1974, CDOT assumes
responsibility for all traffic control devices in the state highway system within local jurisdictions,
including the costs associated with the above mentioned functions; and
WHEREAS, since CDOT does not have the necessary personnel and equipment levels to
accomplish these obligations, the City has entered into numerous contracts with CDOT for
reimbursement of costs linked with the City's operation and maintenance services of traffic control
devices on state highways; and
WHEREAS, State highways within the City of Englewood for which we provide these services
include Belleview Avenue and Highway 285; and
WHEREAS, the City Council of the City of Englewood, Colorado approved an
Intergovernmental agreement regarding State Senate Bill 8, Traffic Control Devices Maintenance
Contract, allowing the CDOT to reimburse the City for costs for traffic control devices,
operations and maintenance by the passage of Ordinance No . 3, Series of 2009/2010 for a 5 years
period; and
WHEREAS, CDOT recently requested that the Senate Bill 8 contract currently in place with the
City be renegotiated; and
WHEREAS, no federal funds are being used for this project; and
WHEREAS, the passage of this Ordinance approves the renegotiated reimbursement rate for a
period of five ( 5) years;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of Englewood, Colorado, hereby authorizes an
intergovernmental agreement (IGA) between the Colorado Department of Transportation and the
City of Englewood, Colorado for CDOT to reimburse the City of Englewood for costs associated
with highway maintenance services on state highways within Englewood City limits in the
amount of $61,200 per year for a five year period, a copy is attached hereto as Exhibit A.
Section 2 . The Mayor is hereby authorized to sign and the City Clerk to attest said IGA
between CDOT for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 2nd day of May, 2016 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
May, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
May, 2016 for thirty (30) days.
Joe Jefferson, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 2nd day of May, 2016.
Loucrishia A. Ellis
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(State $Traffic Mtce)
City of Englewood
Region: HQ (vjm)
CONTRACT
Rev 10/03
Routing#: 16-HAA-XC-00023
SAP ID#: 331001430
THIS AGREEMENT is entered into by and between City of Englewood (hereinafter called the "Local Agency"),
and the State of Colorado acting by and through the Department of Transportation (hereinafter called the "State"
or"CDOT").
RECITALS:
I. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund
Number 400, Function: <<>>, GL Account: <<>>, WBS Element: <<>> or Cost Center: <<>>, (Contract
Encumbrance Amount: $0.00).
2 . Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
3. Section 43-2-102 and 103, C.R.S., require the State to maintain state highways (including where such highways
extend through a city or an incorporated town), and Section 43-2-13S{l){i), C.R.S., as amended, requires the State
to install, operate, maintain and control, at State expense, all traffic control devices on the state highway system
within cities and incorporated towns .
4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain Highway
maintenance services on state highways that are the responsibility of the State under applicable law, and for the
State to pay the Contractor a reasonable negotiated fixed rate for such services .
5. The parties also intend that the Contractor shall remain responsible to perform any services and duties on state
highways that are the responsibility of the Contractor under applicable law, at its own cost.
6. The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104,
and 43-2-144, C .R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the
Contractor, to enter into contract with the Contractor for the purpose of maintenance of traffic control devices on
the state highway system as hereinafter set forth.
7. The Contractor has adequate facilities to perform the desired maintenance services on State highways within its
jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Local Agency shall perform all Maintenance Services for the specified locations located within the Local Agency's
jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in section 22 of this Contract
2. This Contract
3. Exhibit A (Scope of Work)
4. Exhibit D (Option Letter)
5. Exhibit E (Encumbrance Letter).
Section 3. Term
This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2016,
whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's
financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject
to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available
therefor.
Section 4. Project Funding and Payment Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives
of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the
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A
work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
B. Subject to the terms of this Contract, for the satisfactory performance of the Maintenance Services on the
Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in
monthly installments, upon receipt of the Local Agency's statements, as provided herein.
C. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices
under this agreement at the rates described in Exhibit C .
D. The Local Agency will provide Maintenance Services as described in Exhibit A, for a total maximum amount
of$61,200.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-year
total of $306,000.00. The negotiated rate per location shall remain fixed for the full five-year term of the contract,
unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to
the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract is
amended. The Local Agency will bill the State monthly and the State will pay such bills within 60 days.
E. The statements submitted by the Local Agency for which payment is requested shall contain an adequate
description of the type(s) and the quantity(ies) of the Maintenance Services performed, the date(s) of that
performance, and on which specific sections of the Highways such services were performed, in accord with
standard Local Agency billing standards.
F. If the Local Agency fails to satisfactorily perform the Maintenance Services or ifthe statement submitted by the
Local Agency does not adequately document the payment requested, after notice thereof from the State, the State
may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that
segment or portion.
Section 5: State & Local Agency Commitments:
A. The Local Agency shall perform the Maintenance Services for the certain State Highway System locations
described herein. Such services and locations are detailed in Exhibit A.
B. The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations,
all as listed on Exhibit A, in a manner that is consistent with current public safety standards on state highways
within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic
Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and
which are incorporated herein by reference as terms and conditions of this Agreement. The Local Agency shall
provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and
maintenance.
C. The Parties shall have the option to add or delete, at any time during the term of this Agreement and subject to
§ 17 of this agreement, one or more speci fie traffic control devices to the list shown in Exhibit A and therefore
amend the Maintenance Services to be performed by the Local Agency under this Agreement. The State may
amend Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit
D.
D. The Local Agency may propose, in writing, other potential specific traffic control devices to
be operated and maintained by the Local Agency during the term of this agreement, based on the same rates that
had been initially agreed to by the Local Agency in Exhibit C. If the State determines in writing that operation
and maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and if
the State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to the
Local Agency in a form substantially equivalent to Exhibit D, add such devices to this contract.
E. The Local Agency shall perform all maintenance services on an annual basis. The Local Agency's performance
of such services shall comply with the same standards that are currently used by the State for the State's
performance of such services, for similar type highways with similar use, in that year, as determined by the State.
The State's Regional Transportation Director, or his representative, shall determine the then current applicable
maintenance standards for the maintenance services. Any standards/directions provided by the State's
representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency
shall contact the State Region office and obtain those standards before the Local Agency performs such services.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a
period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later,
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the project and to inspect, review and audit the project records.
Section 7. Termination Provisions
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This contract may be terminated as follows:
A. This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only
upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later
than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the
Local Agency only for that portion of the highway Maintenance Services actually and satisfactorily performed
up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up
to that date, and the parties shall have no other obligations or liabilities resulting from that termination.
Notwithstanding subparagraph A above, this contract may also be terminated as follows:
B. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination.
C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein .
D . Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid ,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing
this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region HQ, 4201 East
Arkansas Avenue, Denver, CO 80222. Said Region Director will also be responsible for coordinating the State's
activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the
Work. All communications relating to the day-to-day activities for the work shall be exchanged between
representatives of the State's Transportation Region HQ and the Local Agency . All communication, notices, and
correspondence shall be addressed to the individuals identified below. Either party may from time to time designate
in writing new or substitute representatives .
If to State
CDOT Region: HQ
TrungVo
Project Manager
425C Corporate Circle
Golden, CO 80401
303-512-5808
Section 10. Successors
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If to the Local Agency
City ofEnglewood
Ladd Vostry
Traffic Engineer
1000 Englewood Parkway
Englewood, CO 80110-2373
303-762-2500
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Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow arty claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act,§ 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 15. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 16. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 17. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
A. Amendment
Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject
to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties
agree to change the provisions of this contract, the renegotiated terms shall not be effective until this Contract is
amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with
applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and
implementing regulations), and be based on an increase/decrease in the" allowable costs" of performing the Work .
Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment
to this contract that is properly executed and approved by the State Controller or delegee . Any such rate change
will go into effect on the first day of the first month following the amendment execution date.
B. Option Letter
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a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices
(rates) originally established in the contract. The State may exercise the option by written notice to the Local
Agency in a form substantially equivalent to Exhibit D .
b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the
maximum amount payable under this contract based upon the unit prices (rates) originally established in the
contract and the schedule of services required, as set by the terms of this contract. The State may exercise the
option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit
D, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not
be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go
into effect on the first day of the first month following the option letter execution date.
C. State Encumbrance Letter
The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral
execution of an encumbrance letter in a form substantially equivalent to Exhibit E. The State shall provide a fully
executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services
shall continue at the same rate and under the same terms as established in the contract.
Section 18. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract,
which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date ofreceipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official, representative, or board on a question oflaw.
Section 19. Does not supersede other agreements
This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect
between the State and the Local Agency for other "maintenance services" on State Highway rights-of-way within the
jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such
activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to
perform.
Section 20. Subcontractors
The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local
Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local
Agency may intend to perform some or all of the services required under this contract through a subcontractor. The
Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the
performance required under the contract] without the express, written consent of the State, which shall not be
unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding
only upon the parties hereto and their respective successors and assigns.
Section 21. Statewide Contract Management System
If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective
Date or at any time thereafter, this §Statewide Contract Management System applies.
Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts
and inclusion of contract performance information in a statewide contract management system.
Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions
of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Local Agency's performance shall be part of the normal contract administration process and Local
Agency's performance will be systematically recorded in the statewide contract Management System. Areas of
Evaluation and Review shall include, but shall not be limited to, quality, cost and timeliness. Collection of information
relevant to the performance of Local Agency's obligations under this contract shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Local Agency's
obligations. Such performance information shall be entered into the statewide Contract Management System at
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intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of
the contract term. Local Agency shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Local Agency demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing
of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency
may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either
removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal
of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause.
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Section 22. Special Provisions
These Special Provisions apply to all contracts except where noted in italics .
A. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This Contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted , and otherwise made available.
C. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections , or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S .C.
§§ 1346(b) and 2671 et seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide
such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be
available to Contractor and its employees and agents only if such coverage is made available by Contractor or a
third party . Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to
any agreement, liability or understanding, except as expressly set forth herein . Contractor shall (a) provide and
keep in force workers' compensation and unemployment compensation insurance in the amounts required by law,
(b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents .
E. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination
and unfair employment practices.
F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be
valid or enforceable or available in any action at Jaw, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
contract, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any
extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference
shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds
payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software
in violation offederal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants
that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in
violation of this provision, the State may exercise any remedy available at law or in equity or under this contract,
including, without limitation, immediate termination of this contract and any remedy consistent with federal
copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in th is contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor 's
services and Contractor shall not employ any person having such known interests .
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202 .4 (3 .5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for : (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq .;
(c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required
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to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of
final agency determination or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101 . [Not Applicable to agreements relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored
projects, intergovernmental agreements, or information technology services or products and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who
will perform work under this contract and will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this contract, through participation in the £-
Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract
with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor (a) shall not use £-Verify Program
or Department program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work
under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department
of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation,
affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this
provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political
subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages .
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen
or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions ofCRS
§24-76.5-101 et seq ., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the
effective date of this contract.
Revised 1-1-09
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Section 23. SIGNATURE PAGE
Agreement Routing Number: 16-HAA-XC-00023
THE PARTIES HERETO HA VE EXECUTED THIS AGREEMENT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency's behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
City of Englewood John W. Hickenlooper, GOVERNOR
Colorado Department of Transportation
Shailen P. Bhatt, Executive Director
Name:
(print name)
Title: By: Joshua Laipply, P.E., Chief Engineer
(print title)
Date:
*Signature
Date:
2nd Local Agency Signature if needed LEGAL REVIEW
Cynthia H. Coffman, Attorney General
Name:
(print name)
Title: By:
Signature -Assistant Attorney General · (print title)
Date:
*Signature
Date:
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not
valid until signed and dated below by the State Controller or delegate. The Local Agency is not
authorized to begin performance until such time. If The Local Agency begins performing prior thereto,
the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods
and/or services provided hereunder.
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STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Colorado Department of Transportation
Date:
Page 9 of9
Ellhlbft A -Scope of Work
Exhibit A
State HlghW<iy Traffic Signal I.I sting
• lhe City shall ma inta in the traffic signals and a .\socialed stop bars and crnsswalks at the
locatiom listed befQw .
• /my rec onstruction, modillcatian, Cl" improvement roitiated by the City or performed as a
result of a City projei::t sh;dl be induded in the mairrtenanr.e provided by the Oty.
• Any fl?(:ol'lstru ct ion, modification, or improvement initiated by the State or performed <IS
a result of a State projed shall be paid fot separat~lv by the State
• The City shall perform inspeetions of ea<:h location, lo all direttiOIB, .and submit
dcx:un1entatioo to CDOT by April 10th and Octt'.>bN 101h for each yt>ar of this conttatt.
IMpectlon sh111l include, but not limited to:
bc;h signal lens is operating and visible
, · Signal liming is operating as programmed
':· Controller 0tnd Cabinet are dean ilnd in good 1epair
_ Communication to signal is connetted and operating
~··. Veh!de detection is operating prope.rly
·' 1'11 luminaries attached to the signal are operating
• Any d~ecu found during inspec;tion$ listed above at theM~ intersections shall be
remedied within reasonable Umeftame per standard industry practke. Defocts and
remediaUtin sha!I be documented and kept on fiteat the City and available for COOT upon
reque11t , Any defects not remedied shall incur a price reduction to the next month's
compematlon of $340.00 per signal.
• \he City shall perform an annual inspection, whit:.h shall indude; the visual insper;tion of
signal cais,-.ons, bolts, b~ttightening, steel, weld$, attathmt>11t hardware, back-up power
te<;ting and signal conflict monitor testing. Documentation on this inspec;tion shall be
submitted to COOT by October tolh of each year of thlS contract Any deficiencies found
in bolt. tightening and atta~hment hardware shaU be corretted by the City immediately,
Structural defects requiring pole or mast arm replacement shall be the responsibility o1
COOT . Any deficiencies of this nature shall be documented and brought to the attention
ofthe COOT proje-c.t managl!!f for t-0rrectlon by COOT Other mlrta< structural defects shall
be the r1!$ponslbility O'f the City .
Exhibit A. • P~ge 1 of 2
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TRAFFIC SIGNAlS MAfNTAINED BV THE CITY OF ENGLEWOOD
1. Stt 285 and Inca St.
2. SH 285 and Gala,pago St
3. SH 285 and E1ati St
4. SH 285 and Chetokee St.
5. SH 285 and Broadway (ootthl
6. SH 285 and Broadway (South)
7. SH 285 and She1man St .
8. Stt 285 and Logan St.
9. SH 285 aod Oarkson St .
10. SH 285 and Downing St .
11. SH 285 and Gilp in St.
12 . SH 88 (Beheview} and Clarkson St .
13. SH 88 (Bellt>view} and Logan St.
14 . SH 88 (Betle\i'lew} and Broadway
15. SH 88 (Belleview} and Pirates Cove (1250 W.) •
Exhibit A -l'age 2 cf :Z
•
Local Agency
Ordinance
or
Resolution
Exhibit B -Page I of I
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30. EXHIBIT C -FUNDING PROVISIONS
Traffic Signal Maintenance Rate Schedule
15 Signals at $340.00/signal/month
Maximum monthly billing
Total Maximum Annual Cost
5YRS at $61 ,200.00 TOTAL CONTRACT VALUE
Exhibit C -Page 1 of 1
$5 ,100.00 per month
$5 ,100.00
$61,200 .00
$306,000.00
. '
SAMPLE IGA OPTION LETTER
Highway or Traffic Maintenance
(This option has been created by the Office of the State Controller for COOT use only)
Vendor name:
1) SUBJECT:
Change in the amount of goods within current term.
2) REQUIRED PROVISIONS:
In accordance with Section 17 of contract routing number i~§~,~~f2;)t~~#9 ~rj:<;:y ,~s9.C!~j~;:·~g\lfirj gjt , between
the State of Colorado, Department of Transportation, and i~'.s'~l:MJ%6p,ijg~g~r'\qy:::~~:m~ the state hereby
exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified
in Exhib it A.
Th~. ~,r.:!)5'.,~nt of t~e curre~t Fiscal Year contract value (encumbrance) is ihe fe~~~dtge pf:~}3,~~~-,,~Y
(jf1\c;~~ng~ to satisfy services/goods ordered under the contract for the current fiscal year · · · ·
T~.t ,~o,~!f .. ~f,J, Encumbr_ance Amount in Recital 1 ~s hereby modified to $~'fii)L ... :=tr\. ;;'.\:;,.,.,,,.. •
eocum -·.· · and Section 4 , B, 1 shall also be modified to show the annual not to exceed amount to
$ . . .. 'fo'bra i:i'¢e and the Contract (five-year term) not to exceed amount shall be
mod'ifieci to $ .: ,,.:~flf(~~Y'.~~}!m~l{ifilqffi.
The total contract value to include all previous amendments, option letters , etc . is $jl)~~l'.f
~gg~'IJ:ru1~r~~lf&.l~ffefig:a:m·9r,~11'.e~~~IDQ'Q'iJt.
3) EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is
later.
APPROVALS:
State of Colorado:
JOHN W. HICKENLOOPER, GOVERNOR
By : Date :--------
Joshua Laipply, P.E., Chief Engineer, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not
valid until signed and dated below by the State Controller or delegate. Local Agency is not
authorized to begin performance until such time. If Local Agency begins performing prior thereto,
the State of Colorado is not obligated to pay Local Agency for such performance or for any goods
and/or services provided hereunder.
Form date: August 16, 2013
State Controller
Robert Jaros, CPA, MBA, JD
Date:~------------~
Exhibit D -Page 1 of 1
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ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing#:
Orig. IGA: PO:
1) Encumber fiscal year funding in the contract
2) PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routing
number · ''''1 '''t:dln~f # between the State of Colorado, Department of Transportation, and
G9'6([a::, ... A}': ~,~~.'covering the term July 1, ~~'.~f through June 30, ¥~~r . the State hereby
encumbers funds for the goods/services specified in the contract for fiscal year
The amount to be encumbered by this Encumbrance Letter is $~lj'.lp'Q[!f pf{;pij§J')g ~, The Total
contract (encumbrance) amount, including all pr01ious amendments, option letters, etc, is
$Jn~.~1t ::N~w.=$.:J\:ml.
3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State
Controller.
By:
STATE OF COLORAOO
John W. Hickenlooper, GOVERNOR
Department of Transportation
Joshua Laipply, P.E., Chief Engineer
(For) Shailen P. Bhatt, Executive Director
Date :---------
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract Is not valid until signed and
dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If
Contractor begins performing prior thereto, the State of Colorado Is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By : _______________ ~
Department of Transportation
Date :----------
Exhibit E -Page 1 of 1
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement with
May 2 , 2016 9aii Cherry Hills Village for Clarkson
Cape Seal from Highway 285 to
Belleview Avenue
Initiated By: Staff Source:
Department of Public Works Larry Nimmo, Right-of-Way Services Manager and
Eric A. Keck, City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Improvements outlined in the Englewood Light rail Corridor Next Steps Study and the
Englewood Walk and Wheel Master Plan involved the creation of a Bicycle Boulevard on
Clarkson between Highway 285 and Belleview Avenue . The Cape Seal, a bicycle friendly
asphalt treatment of this section of Clarkson is the first step in the completion of the initiative.
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance to enter into an agreement with
Cherry Hill Village . The agreement covers the financial commitment of $104, 157.90 for the
City of Englewood's share (half of the roadway) of the installation Cape Seal , an asphalt
treatment to resurface Clarkson from Highway 285 to Belleview Avenue.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
On May 4, 2015, City of Englewood and City of Cherry Hills Village staff, including Englewood
City Manager Eric Keck , Englewood Public Works Director Rick Kahm , Englewood Long Range
Planner John Voboril , Cherry Hills Village Director John Patterson (retired), and Cherry Hills
Village Public Works Director Jay Goldie (Interim City Manager) met to discuss plans for
Clarkson Street, which serves as the border between both cities . The base project involves
resurfacing Clarkson Street with a Cape Seal, a modified double chip seal , creating a bicycle
friendly surface ; with striping to follow. In a cooperative effort to achieve the desired outcomes,
Cherry Hills Village staff agreed to create this Bicycle Boulevard along Clarkson.
The dollar amount for this work was a part of Cherry Hills Village's 2016 Street Rehabilitation
Project (CHV Project No . 2016-002). Though the actual city limit line between the Cities of
Englewood and Cherry Hills Village does not split the roadway, with more asphalt on the
Englewood side, Cherry Hills Village is splitting the cost equally .
Per the attached IGA, Cherry Hills Village will manage the entire project and will coordinate with
Englewood staff on communication with Englewood constituents in matters of notifications ,
parking control , and any areas of workmanship or materials that arise during the project. As a
successful surface treatment, Englewood completed Cape Seal projects in 2007 and 2008 .
Englewood staff will also be evaluating this contractor, product, and installation methodology for
the possibility of piggy-backing of the existing Cherry Hills Village contract for some additional
work. If it is determined the product might benefit other streets, either for routine maintenance
or additional Bicycle Boulevard streets , Public Works may return to Council with additional
requests.
FINANCIAL IMPACT
Estimated Construction Cost for the 2016 Cape Seal Project:
Cost Estimate 16,533 sq/yds at$ 6.00
Contingency 5%
Total Estimated Project Cost
Funding is available in the Road and Bridge account.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement
$ 99,198 .00
$ 4,959.90
$104,157.90
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ORDINANCE NO.
SERIES OF 2016
A BILL FOR
COUNCIL BILL NO. 20
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHERRY HILLS VILLAGE, COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO PERTAINING TO THE STREET PAVEMENT
REHABILITATION OF SOUTH CLARKSON CAPE SEAL FROM IIlGHWAY 285 TO
BELLEVIEW A VENUE .
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and Section
29-1-203, C .R. S., the Parties may cooperate or contract with each other to provide any function
or facility lawfully authorized to each, and any such contract may provide for the sharing of
costs, the imposition of taxes, and the incurring of debt; and
WHEREAS, each of the Parties is a home-rule municipality pursuant to Article XX, Section
of the Colorado Constitution, and are authorized by C.R.S. 29-1-203 to enter into a contract or
agreement for the sharing of the costs related to specific public roadway projects; and
WHEREAS, South Clarkson Street from Highway 285 to Belleview Avenue is the common
boundary of Cherry Hills Village and Englewood; and
WHEREAS, Cherry Hills Village is undertaking to perform pavement rehabilitation of
portions of South Clarkson Street from approximately East Jefferson A venue south to East
Belleview as part of the annual pavement maintenance program of Cherry Hills Village and will
be using a cape seal process, an integrated two-step process consisting of a chip seal followed by
a slurry seal; and
WHEREAS, Cherry Hills Village and Englewood have determined to utilize the services of a
Pavement Contractor through the construction contract with Cherry Hills Village to accomplish
the pavement rehabilitation Road Project of South Clarkson with the cities sharing 50% each of
the costs; and
WHEREAS, the passage of this Ordinance authorizes an Intergovernmental Agreement
regarding South Clarkson Street Pavement Rehabilitation between Cherry Hills Village and
Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The intergovernmental agreement regarding South Clarkson Street Pavement
Rehabilitation between the City of Cherry Hills Village and the City of Englewood, Colorado,
attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 2nd day of May, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
May, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
May, 2016 for thirty (30) days.
Joe Jefferson, Mayor
ATTEST:
Loucrishia A Ellis, City Clerk
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed
on first reading on the 2°d day of May, 2016.
Loucrishia A Ellis
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• INTERGOVERNMENTAL AGREEMENT
REGARDING SOUTH CLARKSON STREET PAVEMENT REHABILITATION
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of 2016, by and between the CITY OF CHERRY HILLS VILLAGE, a
home rule municipality of the State of Colorado, hereinafter referred to as "CHV", and the CITY
OF ENGLEWOOD, a home rule municipality of the State of Colorado, hereinafter referred to
as "ENGLEWOOD" (together, the "Parties").
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and
Section 29-1-203, C.R.S., the Parties may cooperate or contract with each other to provide any
function, service or facility lawfully authorized to each, and any such contract may provide for
the sharing of costs, the imposition of taxes, and the incurring of debt; and
WHEREAS, each of the Parties is a home-rule municipality pursuant to Article XX,
Section 6 of the Colorado Constitution, and are authorized by C.R.S. 29-1-203 to enter into a
contract or agreement for the sharing of the costs related to the specific public roadway project
identified in this Agreement; and
WHEREAS, Article 20, Title 29, C.R.S., clearly articulates and affirmatively expresses a
state policy that authorizes political subdivisions of the State of Colorado to cooperate and
contract to make the most efficient and effective use of their respective resources; and
WHEREAS, CHV is undertaking to perform pavement rehabilitation of portions of
South Clarkson Street from approximately E. Jefferson Avenue south to E. Belleview as part of
• the annual pavement maintenance program of CHV (the "Road Project"); and
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WHEREAS, specifically, the Road Project will be treated with a cape seal process, an
integrated two-step process consisting of a chip seal followed by a slurry seal; and
WHEREAS, the Road Project lies within the jurisdiction of both CHV and
ENGLEWOOD; and
WHEREAS, CHV desires to have FOOTHILLS PAVING & MAINTENANCE, INC.
(hereinafter referred to as "PAVEMENT CONTRACTOR") perform the pavement rehabilitation
work on the Road Project, through a construction contract with CHV (as a component of CHV
Project No . 2016-002); and
WHEREAS, CHV and ENGLEWOOD have determined to utilize the services of
PAVEMENT CONTRACTOR through the construction contract with CHV to accomplish the
pavement rehabilitation on the Road Project, with ENGLEWOOD reimbursing CHV for fifty
percent (50%) of all materials and labor, at the applicable construction contract unit prices, as
more specifically set forth in Attachment A to this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements, and the
premises herein contained, the Parties hereto agree as follows:
1. TERM: This Agreement shall commence on the date of mutual execution hereof, and shall
continue through December 31, 2016. The Parties acknowledge that due to seasonal sensitivities
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associated with the chip seal process, work on the Road Project is expected to occur between
May 23 , 2016 and September 9, 2016. •
2. RESPONSIBILITIES OF CHV: CHV shall act as CHV Project Manager. CHV shall be
responsible for the following obligations in connection with the construction occurring on the
Road Project:
(a) CHV shall contract for and manage the completion of the cape seal process on the
Road Project. The contract with PAVEMENT CONTRACTOR, and approvals thereof, shall
conform with Colorado law and CHV Municipal Code requirements for public contracts;
(b) CHV shall designate a person ("CHV Project Manager") responsible for the day-
to-day management of the work occurring on the Road Project.
(c) The CHV Project Manager shall coordinate with ENGLEWOOD regarding the
construction schedule associated with the Road Project and will provide updates to
ENGLEWOOD concerning updates to such construction schedule . The ENGLEWOOD
Designated Representative (defined below) will be invited to all preconstruction meetings and
coordination meetings with the PAVEMENT CONTRACTOR.
( d) Subject to annual appropriation, CHV shall complete the South Clarkson Street
project by the target substantial completion date of September 9, 2016. If the substantial
completion date for the work on the Road Project is expected to be extended beyond December
31, 2016, the CHV Project Manager will communicate the same to the ENGLEWOOD
Designated Representative and the Parties agree to cooperate in good faith to amend this •
Agreement to extend the term of this Agreement.
3. RESPONSIBILITIES OF ENGLEWOOD: ENGLEWOOD shall be responsible for the
following obligations in connection with the Road Project:
(a) ENGLEWOOD shall designate an individual responsible for representing
ENGLEWOOD (the "ENGLEWOOD Designated Representative") who shall coordinate with
the CHV Project Manager in order to ensure that notification to ENGLEWOOD residents
regarding the project schedule and other project details is consistent with the schedule and
project details communicated to CHV residents.
(b) The ENGLEWOOD Designated Representative shall communicate and
coordinate with the PAVEMENT CONTRACTOR and the CHV Project Manager regarding the
proper form and placement of "no parking" signage and any door hanger notification to be
provided to properties abutting the Road Project within the ENGLEWOOD boundaries.
(c) The ENGLEWOOD Designated Representative will work with the CHV Project
Manager and the PAVEMENT CONTRACTOR to design and approve all traffic control
required for the Road Project for those portions of the Road Project located within the
ENGLEWOOD boundaries.
( d) ENGLEWOOD may have an inspector present during the work performed on the
Road Project by the PAVEMENT CONTRACTOR, and the Englewood Designated
Representative shall communicate directly through the CHV Project Manager to address
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concerns and workmanship issues as they arise during completion of the Road Project, and to
address any punch list corrections as contemplated by Paragraph 17 of this Agreement below .
4. STATEMENTS AND PAYMENT: Upon receipt and approval of partial pay requests from
PAVEMENT CONTRACTOR, CHV shall make periodic payments to PAVEMENT
CONTRACTOR. Upon payment to PAVEMENT CONTRACTOR, CHV will forward invoices
to ENGLEWOOD for fifty percent (50%) of the work performed on the Road Project during
the applicable pay period(s) and ENGLEWOOD shall reimburse CHV said full amount of all
such invoices within thirty (30) days of receipt of billing from CHV. Billing will be based the
applicable contract unit price for contract bid items associated with work on the Road Project,
and as more specifically set forth in Attachment A. All payments by ENGLEWOOD to CHV
contemplated in this Agreement have been appropriated or otherwise lawfully authorized by
ENGLEWOOD in ENGLEWOOD's 2016 budget.
5. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by
one party hereunder constitute or be construed to be a waiver by such party of any breach of
covenant or condition or any default which may then exist on the part of the other party, and the
rendering of any such performance when any such breach or default shall exist shall in no way
impair or prejudice any right or remedy available to the non-breaching party with respect to such
breach or default, and no assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of
any succeeding or other breach.
6. LIABILITY: Each party shall be responsible for its own negligence hereunder to the extent
provided by law. Neither party shall be deemed to be an agent for the other party .
7. SUBJECT TO LOCAL LAWS; VENUE: Each and every term, provision or condition
herein is subject to and shall be construed in accordance with the provisions of Colorado law.
Venue for any action arising hereunder shall be in Arapahoe County, Colorado.
8. ASSIGNMENT AND SUBCONTRACTING: Neither party is obligated or liable under this
Agreement to any party other than those specified herein. ENGLEWOOD and CHV understand
and agree that they shall not assign or subcontract with respect to any of the rights, benefits,
obligations or duties under this Agreement except upon prior written consent and approval of
the other party, which consent or approval may be withheld in the absolute discretion of that
other party, and in the event any such assignment or subcontracting shall occur, such action shall
not be construed to create any contractual relationship between either of the parties and such
assignee or subcontractor, and ENGLEWOOD and CHV shall remain responsible to each other
according to the terms of this Agreement.
9. NO TIDRD PARTY BENEFICIARIES: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to ENGLEWOOD and CHV, and nothing contained
in this Agreement shall give or allow any such claim or right of action by any other or third
person on such Agreement. It is the express intention of ENGLEWOOD and CHV that any
person other than ENGLEWOOD or CHV receiving services or benefits under this Agreement
shall be deemed to be an incidental beneficiary only .
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10. STATUS OF PARTIES: It is understood and agreed by and between the Parties that the
status of each of the Parties hereto shall be that of an independent contractor and it is not
intended, nor shall it be construed, that either party or any employee, contractor, or consultant of
such party is an employee, officer, or agent of the other party for purposes of unemployment
compensation, workers' compensation, or for any purpose whatsoever. Nothing herein shall be
interpreted or construed as creating a joint venture or partnership between the Parties. Neither of
the Parties shall have the right under this Agreement to create any obligation or incur any debt on
behalfofCHV or ENGLEWOOD.
11. EXAMINATION OF RECORDS: ENGLEWOOD's Finance Director or his or her
designee shall, until three (3) years after final payment under this Agreement is made, have
access to and the right to examine any of CHV' s pertinent books, papers, documents, or other
records involving transactions related to the performance of this Agreement, including but not
limited to records pertaining to the Road Project on the construction contract with the
PAVEMENT CONTRACTOR. The period of access and examination for records relating to: (1)
litigation or settlement of claims arising from the performance of this Agreement, or (2) costs
and expenses of this Agreement to which the ENGLEWOOD Finance Director or his or designee
has secured access to, shall continue until such appeals, litigation, claims, or exceptions are fully
and finally resolved.
12. PARA GRAPH HEADINGS: The captions and headings set forth herein are for
convenience of reference only, and shall not be construed so as to define or limit the terms and
provisions hereof.
13. SEVERABILITY: It is understood and agreed by the parties hereto that if any part, term, or
provisions of this Agreement is by the courts held to be illegal or in conflict with any law of the
State of Colorado, the validity of the remaining portions or provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if the Agreement did
not contain the particular part, term, or provision held to be invalid.
14. AGREEMENT AS COMPLETE INTEGRATION -AMENDMENTS: This Agreement
is intended as the complete integration of all understandings between the parties, their successors
and assigns. No prior or contemporaneous addition, deletion or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in written amendatory or other Agreement executed by the parties and signed by the
signatories of the original Agreement. This Agreement and any amendments shall be binding
upon the parties, their successors and assigns.
15. LEGAL AUTHORITY:
(a) Each party assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement.
(b) The person or persons signing and executing this Agreement on behalf of each party,
do hereby warrant and guarantee that he/she or they have been fully authorized by CHV or
ENGLEWOOD to execute this Agreement on behalf of CHV or ENGLEWOOD and to validly
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and legally bind CHV or ENGLEWOOD to all the terms, performances and provisions herein set
forth .
16. COUNTERPARTS OF TIDS AGREEMENT: This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
17. PROJECT MANAGEMENT: It is mutually agreed between the parties that CHV shall be
responsible for management of the project through direction to PAVEMENT CONTRACTOR,
approval of traffic control plans, testing, and inspection. It is further agreed that the
ENGLEWOOD Designated Representative will work through the CHV Project Manager to
provide direction or comments to PAVEMENT CONTRACTOR.
18. TRAFFIC: It is mutually agreed that ENGLEWOOD will issue the appropriate permit to
PAVEMENT CONTRACTOR for execution of work within ENGLEWOOD's jurisdiction at no
cost and will allow PAVEMENT CONTRACTOR to utilize ENGLEWOOD's arterial roadways
for transport of material to project site.
19. COST OVER RUNS FROM ESTIMATE IN AGREEMENT: If actual costs exceed the
Estimated Cost plus 5% Contingency as stated in Attachment A due to actual field constructed
quantities, the Parties agree to amend this Agreement to reflect the actual cost of
ENGLEWOOD's portion of the project and reimburse said amount to CHV. Furthermore,
ENGLEWOOD and CHV understand that if the actual project cost exceeds the Estimated Cost
plus 5% Contingency per Attachment A, CHV will notify ENGLEWOOD and receive
authorization before any additional costs are incurred on the Road Project. ENGLEWOOD and
CHV are aware, understand, and acknowledge that the construction costs provided in this
Agreement are an estimate based on the best available information and that actual construction
costs may vary.
20. GOVERNMENT AL IMMUNITY. Notwithstanding any other provision herein to the
contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver of
the monetary limitations on liability or of any of the immunities, rights, benefits, or protections
provided to either Party under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et
seq., as amended (the "CGIA"). The Parties understand and agree that liability for injuries or
damages to persons or property arising out of the alleged negligence or willful and wanton acts
of either Party, and their respective officials, officers, and employees, is controlled or limited by
the CGIA, and nothing herein shall be construed or interpreted as modifying any liability
protection thereunder.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
SIGNATURE PAGES FOLLOW]
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IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement
Regarding South Clarkson Street Pavement Rehabilitation as of the day and year first above
written.
Attest:
City Clerk or Deputy City Clerk
Attest:
City Clerk or Deputy City Clerk
CITY OF CHERRY HILLS VILLAGE,
COLORADO
By:~~~~~~~~~~~~~~
Laura Christman, Mayor
Reviewed by:
Linda C. Michow, City Attorney
CITY OF ENGLEWOOD, COLORADO
By:~~~~~~~~~~~~~~
Joe Jefferson, Mayor
Reviewed by:
Dugan S. Comer, Acting City Attorney
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ATTACHMENT A
Road Project Costs (South Clarkson Street)
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2016 Street Rehabilitation Program-CHV Project No. 2016-002
Item# Unit
2a. South Clarkson Street cape seal Sq. Yd.
Englewood share of Road Project costs (NTE):
CHV share of Road Project costs (NTE):
Price
$6.00
Estimated Total Cost
Five percent (5%)
Contingency
Estimated Total Cost
Plus Contingency
$104,157 .90
$104,157 .90
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South Clarkson Street
(from E. Jefferson
Ave. south to E.
Belleview Ave.)
33,066 Sq. Yd.
$198,396.00
$9,919.80
$208,315.80
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
11ai Kent Place Right-of-Way and
May 2, 2016 Easement Dedications
Initiated By: Staff Source:
Public Works Department Larry Nimmo, Right of Way Services Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed the proposed right-of-way and easement dedications at the February 3, 2014, Study
Session.
RECOMMENDED ACTION
Staff recommends that City Council approve a bill for an ordinance accepting the dedication of land for
right-of-way along Sout University Blvd. and accepting an easement for sidewalk, traffic signal
equipment, and signage.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Kent Place development at Hampden and University required the filing of a subdivision plat prior to
construction. The subdivision plat filed in 2011 called for the future dedication of a strip of land for
additional right-of-way on S . University Blvd. (see attached plat with note highlighted). The intent is for
the developer to dedicate right-of-way to the back of the curb with an easement behind the curb for
sidewalks, signage, and traffic signal equipment. The legal description of the proposed right-of-way as
shown on the plat was based on plans prepared prior to construction.
The purpose of waiting for the formal dedication until after construction is to assure that the dedicated
Right-of-Way and easements are based on "as-built" improvements. Per our agreement, the developer
retained the services of a professional land surveyor who has prepared legal descriptions based on
actual field locations of the improvements. Right-of-way will be dedicated to the back of the curb and a
Transportation Easement will be dedicated two feet behind the sidewalk and traffic signal equipment
(see the attached exhibit for the general location of the proposed dedications).
This action will formalize the dedications agreed to when the subdivision plat was prepared . The
roadway, sidewalk, and easement area has been utilized by the Public since Kent Place opened.
FINANCIAL IMPACT
No financial impact is associated with this action.
LIST OF ATTACHMENTS
Kent Place Plat
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Exhibit showing general location of dedications
Ordinance with Right-of-Way and Easement Documents
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 18
INTRODUCED BY COUNCIL
MEMBER -------
AN ORDINANCE AUTHORIZING ACCEPTANCE AND DEDICATION OF A
TRANSPORTATION EASEMENT AND A DEDICATION OF RIGHT-OF-WAY TO THE
CITY OF ENGLEWOOD, COLORADO BY KENT PLACE REGENCY, LLC. FOR
ROADWAY, CURB/GUTTER, SIDEWALK, TRAFFIC SIGNAL EQUIPMENT, SIGNAGE,
UTILITIES, AND OTHER INCIDENTALS LOCATED IN SOUTH UNIVERSITY
BOULEVARD.
WHEREAS, KENT PLACE REGENCY development at Hampden and University Boulevard
required a the filing of a subdivision plat prior to construction; and
WHEREAS, the subdivision plat filed in 2011 called for the future dedication of a strip of
land for additional Right-of-Way on South University Boulevard for the developer to dedicate
the Right-of-Way to the back of the curb with a transportation easement dedicated two feet
behind the sidewalk, signage, and traffic signal equipment; and
WHEREAS, the purpose of waiting for the formal dedication until after construction is to
assure that the dedicated Right-of-Way and Easement are based on "as-built" improvements; and
WHEREAS, the developer retained the services of a professional land surveyor who prepared
legal descriptions based on actual field locations of the improvements; and
WHEREAS, the passage of this Ordinance will accept the Dedication of Right-of-Way to the
back of the curb to the City of Englewood; and
WHEREAS, the passage of this Ordinance will accept the dedication of a Transportation
Easement from KENT REGENCY, LLC. to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Dedication of Easement between KENT PLACE REGENCY, LLC._to the
City of Englewood, Colorado attached hereto as "Attachment 1," is hereby accepted and
approved by the Englewood City Council.
Section 2. The Dedication of Right-of-Way "Attachment 2," is hereby accepted and approved
by the Englewood City Council.
Section 3 . The Mayor is authorized to execute and the City Clerk to attest acceptance of the
Dedication of Easement and the Dedication of Right-of-Way for and on behalf of the City of
Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 2nd day of May, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
May, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
May, 2016 for thirty (30) days .
Joe Jefferson, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed
on first reading on the 2nd day of May, 2016.
Loucrishia A. Ellis
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DEDICATION OF EASEMENT
THIS DEDICATION OF A TRANSPORTATION/UTILITY EASEMENT ALONG THE
3300 and 3400 Blocks of South University Boulevard to capture the existing sidewalk, traffic
equipment, signage, utilities and other incidentals built along South University Boulevard, made
this day of 2016, by and between the KENT PLACE
REGENCY, LLC (Grantor) and the CITY OF ENGLEWOOD, a municipal corporation of the
State of Colorado, Englewood (Grantee).
WHEREAS, KENT PLACE REGENCY, LLC is, by warranty deed, fee owner of real
property located in the County of Arapahoe, State of Colorado, as described in Exhibit A; and
WHEREAS, it is essential that Englewood have continuous and uninterrupted use of the
Transportation/Utility Easement along South University Boulevard to capture the existing
sidewalk, traffic equipment, signage, and other incidentals and utilities built along South
University Boulevard without interference from any other party; and
WHEREAS , any damage or interruption to the Transportation/Utility Easement along South
University Boulevard would result in significant actual and consequential damages; and
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10)and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by KENT PLACE REGENCY, LLC, for itself, its successors and assigns, hereby GRANTS,
BARGAINS, SELLS AND CONVEYS TO GRANTEE (CITY), ITS SUCCESSORS AND
ASSIGNS, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AS
FOLLOWS:
A Transportation/Utility Easement along South University Boulevard to capture the existing
sidewalk, traffic equipment, signage, utilities, and other incidentals built along South University
Boulevard described in Exhibit A attached hereto, "THE EASEMENT AREA";
1. Grantor shall construct no permanent improvements in the Easement Area but
shall maintain, repair and renew its landscaping in the Easement Area at its own
expense and shall make no substantive changes except with prior approval of
Grantee. Grantor shall maintain the curb, gutter and sidewalk pursuant to the
requirements of the Englewood Municipal Code .
2. The construction of any improvements by Grantee in the Easement area shall be
constructed, operated, maintained, repaired, extended, renewed and/or
reconstructed, in conformity with plans, specifications and method of
construction prepared by Grantee.
3. Grantee shall bear the entire cost and expense incurred in connection with the
construction, maintenance, repair, and renewal and any and all modification,
revision, extension, relocation, removal, or reconstruction of Grantee's
improvements, now or hereafter made in the Easement, except for the existing
sidewalk. Grantee shall return all of the Grantor's improvements to the condition
existing prior to Grantee's work upon completion of Grantee's work. Grantee
shall repair any damage to the sidewalk and other improvements resulting from
Grantee's work.
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4. Grantor agrees to indemnify and hold Grantee harmless against any loss,
damage, injury or any claim or lawsuit for loss, damage or injury arising out of
or resulting from the negligent or intentional acts or omissions of Grantor or its
employees, agents or representatives.
5. Grantor warrants that it is the fee simple owner of the property described in
Exhibit A and that Grantor has full right, title, and authority to grant the
easement and right of way to Grantee. Grantee acknowledges Grantor has a fee
simple interest in that property described in Exhibit A and further acknowledges
that Grantee has no rights to any portion of the property described in Exhibit A
other than as described herein. Grantor reserves the right to use the Easement
Area for purposes not inconsistent with the grant herein.
6. Grantee shall not impair subjacent and lateral support of Grantor's property.
7. Each and every one of the benefits and burdens of this grant of easement shall
inure to and be binding upon the parties hereto and their legal representatives,
successors, and assigns.
8. Grantee does not relinquish any authority, rights, or privileges it may exercise as
a Colorado home rule city.
9. This agreement supersedes any and all agreements, written or oral, heretofore
entered into between the parties or their predecessors.
IN WITNESS WHEREOF, the parties hereto have executed this Dedication of Easement the
day and year first above written.
STATE OF _<!._o__;r CJ=...;r_O-d____:o ___ )
COUNTY OF
A-re ) SS.
--°1'--~~o~e.~_)
GRANTOR:
KENT PLACE REGENCY, LLC.
a Delaware Limited Liability company
By: Regency Centers, L.P., a Delaware
limited partnership, its managing
member.
By: Regency Centers Corporation, a Florida
ration, its eneral partne
The foregoing instrument was acknowledged before me this ;;) ~~y of ~a fl va rld-
2016 by w: 11:a"' -:r. l)c~ro...~ as vP, {4~;01\<M OAA'l.( r of
KENT PLACE REGENCY, LLC.
~~ Notary Publi{J-
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ATTEST:
Loucrishia A. Ellis, City Clerk
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GRANTEE:
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Joe Jefferson, Mayor
DILte 11-01,..12 ·J.ob No. 10061
u~ DESClu:~:!OM . -DANSPOR'l'MlOlt" ' iceass Wi.Mmr.!.
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480 YUm• Str•st • OlnVl!il, Col"TldO 80204
Off: (303) 4SB~9fl33 " · F4i: (303) 4\ltJ .. 913$
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.ott: (JOl) .f.Js-siJJ .•• Fo.#: (J(}J). .4.Js-sm
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--S89'50'51 "W I 26iUJ.i4' T5S
Job No. roost
90,01
se car, Sea. JS
T4$, R6BW, 8th P.M.
(Ft:>und J 1/4• AlrJmtnvm
Cop r11 Rang• Bo11 .
stamped PIS T 1434
Pw Monument Record
[]afed 8-29-2005)
SHEEl' J OF' J
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DEDICATION OF RIGHT-OF-WAY
KNOW ALL MEN BY TIIESE PRESENTS, that KENT PLACE REGENCY, LLC, Owner,
whose address is 8480 East Orchard Road, Suite 6900, Greenwood Village, CO 80111, of the
property located at 3300 -3400 Blocks of South University Boulevard, Englewood, Colorado,
County of Arapahoe, State of Colorado, does hereby dedicate to the CITY OF ~GLEWOOD, a
municipal corporation duly organiud and existing under .andpy virtue.of the constitution of the -·.
State of Colorado, public right..of-way for street and other City pmposes upon, across, in, ·
through and under the following described real property situate in the City of Englewood, County
of Arapahoe, State of Colorado, consisting of the legal descriptions Titled "Tract C:" and "Parcel
A'', as described in attached Exhibit A.
l .
SIGNED AND DELIVERED this an cl day of tJoJf mbtr , 2015.
STATE OF COLORADO
COUNTY OF Af CJ.-fG ho._,
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KENT PLACE REGENCY, LLC
a Delaware limited liability company
By: Regency Centers, L.P. a Delaware
Limited partnership, its managing member
By: Regency Centers Corporation, a Florida
corporation, its general partner
By: _vJ~~,...__1 I ~.,----,a~.........-,.,thr----"-_
__ ___.V .... ice.......__P_re ___ Sl_'d_e_rit ___ • Title
The foregoing instrument was :wknowledged before me this ~ day of ~ tJ~Mbt r
____ __, 2015, by W•ll 't>4Q\.(~ , as \JP, ~~:oa<a.J Offi.V
of KENT PLACE REGENCY, LLC. as owner.
My Commission expires: 12-/ 011\ J jo1 ""
CARRIE J. MYERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084041189
MY COMMISSION EXPIRES 12/0912016
Notary Public
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480 Yuma Strett • Denv1r, Colorado 80204
Off: (303) 438-9233 • Fax: (303) 438-9235
Dat• 11-oa-12 Job No. 10061
A PUCJIL 01' LAND LOCA'l'm nr 'l'D SOUTBZAST QtJAR'Dlll or SJ:CTION 35,
!rOWNSB:Ut 4 SOUTH, ltANGll 68 11.BS'I 01' TBJI SIX'l'B R.INCIPAL MDil>DUt,
CIT!' 01' BHQLBWOOD, COON'!'! 01' ~ABOll, STA'l'Jll 01' COLORADO, UlNQ
A l'OR'l'IOH 01' LO'r 1, DH'1 J?LACB l'IRS'I l'ILIHQ AS UCOJU>BD A'I
RJ:CZi''l'IOlf NO. B6150667, MOlUI PARTICOLARL'I' DBSCRIBBJ> Al l'O:LLOWS:
COMMllNCIHQ AT TBll SOtJ'rBZAST COIWD or SAID SBCT:COH 35, wm:NCB
'l'D BAST QUARTER comma Tmm&OI' BBARS N00°12'35"W, A DISTAHCB 01'
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comma 01' SAD> LOT 1, BBINQ TD POINT or BBGINNDTQ; TBBNCB
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JOBH G. VIGIL, Pt.S NO. 26606
SBEBT 1 or 2
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480 Yuma Street • Denver, Colorado 802CU
Off: (JOJ) 4J6-92JJ • Fox: (JOJ) 4.36-923~ .8 11-08-12 ATTACHMENT TO Lm4L DESCRIPTION -NOT A SURVEY
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FIRST FILING
AMENDMENT
BK 412, PG 2 7
REC. NO. D/016009
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TRACT B
ONTAINS
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SHEET 2 OF 2
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4BO Yuma Streat ~ Denver, Colorado 80204
Off: (303) 438·9238 • Fax: (303) 438·9235
Date 11-oa-12
LZGAL Dl!:SCJ\l1'l'ION -PARCBL A
Job No. 10061
A Jl'ARCBL 0'8 LAND LOCADD IN TD SotnBBAST QUAR'l'D OJ' SBC'l'tON 35,
'l'OWNSBIIP 4 SOU'l'll, RANGll 68 WBST or 'l'Bll SIX'l'B DDICIPAL MDmIAN,
CI'l'1' OJ' ZNQLZWOOJ), COUNT'f 01' ARAPABOB, S'l'A!rJI o• COLORADO, BBINQ
A POa'l'ION or I.OT 1 , DN'l' l'LACll l"IJ\S'l' l'ILlNG, SBCOND AMBNI>MZ1ft',
K>RB l'AR'J!ICOLAJU:.Y J:>l!:SCRIBm> AS l'OLLOWS:
COMMIDICINQ AT 'l'D SOtJTBBAS'! CO:mBJ\ OJ' SAID SllCTIOH 35, WBZNCB
'!Bii SO'O'J?B QtJARTU CO!lNZR TDUOI' BJDRS S89 8 50'51"W, A DISTAHCI
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480 Yuma Street • Denver, Colorado 80204
Off: (JOJ) 4.J6-92JJ • Fax: (JOJ) 4J6-92JS .e 11-os-12
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Per Monum.nt Record
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Job No. 1oos7
£ 1/4 Car, Sec. JS
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Per Monum•nt Record
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Per Monument Record
Dated B-29-2005)
SHW 2 OF' 2
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
May 2, 2016 11ci MOU with MOA for Design
and Build artwork.
Initiated By: Staff Source:
City Manager's Office Murphy Robinson
PREVIOUS COUNCIL ACTION
In 2001, 2002, and 2004, Council has approved Design and Build Memorandums of
Understanding between the City and the Museum of Outdoor Arts.
RECOMMENDED ACTION
City Manager's Office recommends Council approve a motion approving a
Memorandum of Understanding (MOU) with the Museum of Outdoor Arts (MOA) for the
creation and installation of Design and Build mural artwork on four traffic signal boxes.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The MOA has installed and displayed Design and Build artwork in the City since 2000 .
The student groups, selected by a panel of community stakeholders, will design mural
artwork for traffic signal cabinets along Englewood Parkway from South Elati to
Broadway.
The sites of the artwork will be mutually agreed upon by MOA and the City if the sites
are in a City-owned right-of-way .
FINANCIAL IMPACT
The cost for an occupancy permit is $115, which will be waived by the City.
LIST OF ATTACHMENTS
Memorandum of Understanding
Exhibit A-Selected and Approved Sites for Painted Traffic Signal Box Pilot Program
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Memorandum of Understanding
This Memorandum of Understanding (MOU) is made and entered into this __ day of April
2016, by and between the CITY OF ENGLEWOOD, a Home Rule City existing under and by
virtue of the laws of the State of Colorado, whose legal address is 1000 Englewood Parkway,
Englewood, Colorado 80110, hereinafter referred to as the "City" and MUSEUM OF
OUTDOOR ARTS, hereinafter referred to as "MOA''.
WHEREAS, MOA has sponsored Design and Build, a public art program for students since
1991.
WHEREAS, MOA is collaborating with the Englewood Cultural Arts Commission, City,
Englewood High School and Colorado's Finest School of Choice to realize this Design and Build
public art project.
WHEREAS, MOA has successfully installed and displayed Design and Build artworks in the
City since 2000.
WHEREAS, the student groups will design mural artwork for traffic signal cabinets along
Englewood Parkway from S. Elati to Broadway as shown on "Exhibit A".
WHEREAS, students will present their designs to a public art selection panel comprised of
various community stakeholders and receive valuable feedback and constructive criticism on
their artwork designs.
WHEREAS, students will apply their public art panel selected designs to traffic cabinets on
"Exhibit A" in May 2016 using high quality exterior acrylic paint at the sole cost ofMOA.
WHEREAS, the City wishes to encourage such public art projects and toward that end agrees to
allow the placement of selected artwork on City property and Rights-of-Way.
WHEREAS, the City has elected to accept the proposal of MOA for the application and display
of student mural work as presented to the City and as shown on "Exhibit A".
WHEREAS, the City and MOA mutually desire to enter into this agreement regarding permanent
display of traffic cabinet artwork.
NOW, THEREFORE, for the consideration herein expressed, it is hereby agreed upon by and
between the City and MOA as follows:
1. This agreement shall be for one year from the date of the signing of this contract.
2. If either party fails to fulfill any obligations of, or violates any of the terms of this
agreement, the other party shall have the right to terminate this agreement.
• Acts To Be Performed By MOA:
3. The City shall notify MOA of any changes in use or development on or near the site of •
the artwork.
MUSEUM OF OUTDOOR ARTS
BY:~-.//-~
•'
STATE OF COLORADO )
COUNTY OF ARAPAHOE ) SS
CITY OF ENGLEWOOD )
My Commission expires: __ J.,..__--_/_. _5_-_/_Y __ _
Witness my hand and official seal.
Notary Public
CITY OF ENGLEWOOD
BY: -------------
Joe Jefferson, Mayor
ATTEST:
Loucrishia A . Ellis , City Clerk
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Selected and Approved Sites for Painted Traffic Signal Box Pilot Program, Spring 2016
A collaboration between:
The City of Englewood, Englewood Arts Commission, Englewood High School, Colorado's Finest High School and Museum of Outdoor Arts
(/)
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W Floyd Ave
Englewood City Office '!!!
1000 En glewood Pkwy
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Englewood Pkwy
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# = Selected Sites SEE ATTACHED SITE PHOTOS
1 = Englewood PKWY & Elati SW Corner-Assigned to Englewood High School
2 = Englewood PKWY & Cherokee SW Corner-Assigned to Colorado's Finest High School of Choice
3 = Englewood PKWY & Acoma SW Corner-Assigned to Englewood High School
4 = Cherokee & Hampden PL W SW Corner-Assigned to Colorado's Finest High School of Choice
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 2, 2016 Malley Center Carpet Replacement
11cii
Initiated By: Staff Source:
Michael Hogan, Facilities
Public Works and Operations Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 2002 council approved by motion the installation of carpeting in the Malley Senior Center as
part of a facility expansion.
RECOMMENDED ACTION
Public Works staff recommends Council approve, by motion, a contract to install new carpeting
at the Malley Senior Center.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
New carpet tile flooring will be installed in all Malley Senior Center common areas .
Product to be used is: Milliken -Shadowbox -Shroom
The Malley Senior Center carpeting was installed in 2002 when the facility was expanded
making it 14 years old this year. The industry standard is 10 years life expectancy for carpet
tiles. The City of Englewood strives for 15 years by having proper owners stock for
replacements and maintenance regimens. We have exhausted the owner stock for the Malley
Center and the carpet is no longer responding to cleaning.
Facilities worked with a local architect and Milliken carpet to provide a variety of carpet styles
and colors to choose from for the replacement project. The selections were narrowed down to
ten. A committee was put in place with the aid of Parks and Recreation Staff to make the final
selection . The carpet selection was also based on best practices from the National Council on
Aging (NCOA) and the National Institute of Senior Centers (NISC).
We are using Milliken carpet through the National Joint Purchasing Association (NJPA)
program . Milliken carpet has proven to provide the City with the expected durability and
excellent warranty coverage. Colorado Carpet Center Inc. is the installing vendor working with
Milliken and providing NJPA install pricing .
FINANCIAL IMPACT
• Original Project Estimate
• Project Cost
• City Construction Contingency
• Total Project Cost
$56,950
$43,957.65
1!197,88 • (5%)
$45,155.53
January 151, 2016 -Project approved in 2016 capital budget.
Funding will be from capital account 0201-0003-03
LIST OF ATTACHMENTS
Contract Documents
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CONTRACT FOR SERVICES
AGREEMENT NUMBER CFS/16-09
THIS CONTRACT made and entereGtifl\2pn , 2016 by and
between Colorado Carpet Center1':1fo'81 E. 55th Avenue Unit B Commerce Citv. CO 80022
hereinafter called the CONTRACT~R and the CITY OF ENGLEWOOD, hereinafter called the
CITY.
WITNESSETH; The parties do hereby contract and agree as follows:
2.
3.
1. The CONTRACTOR shall furnish the CITY the following services:
Malley Senior Center Carpet Replacement Project
At the location of: 3380 S Lincoln SL Englewood Colorado 80110 .
for a total contract price of: (*Not to Exceed)
*Forty Three Thousand, Nine Hundred Fifty Seven Dollars and Sixty Five Cents.
(*$43,957 .65).
The term of this contract shall begin in _/_/ __ with work to be completed on or
before July 29, 2016 .
The Contractor shall not commence work under this Contract until the insurance required
under Paragraph 20 of the General Terms and Conditions has been acquired and
satisfactory proof of such insurance has been submitted to the City.
4 . The services shall be supervised by; or the project shall be inspected by the Project
Manager for the City, or his or her authorized representative .
5 . Terms of Payment: The City agrees to pay the Contractor for the performance of all the
work required under this contract, and the Contractor agrees to accept as the entire and
only compensation therefore , such sum or sums of money as may be proper in accordance
with the total estimated price or prices set forth in the Contractor's proposal attached hereto
and made a part hereof. Payment shall be made in a lump sum upon final completion of
the project un less other terms are agreed to by the City in the Statement of Work. A 5%
retainage of the awarded project amount will be withheld until final inspection and
acceptance by the Project Manager.
6. This Contract includes the General Terms and Conditions as printed and set forth in the
following pages, and the Contractor, by executing this Contract, agrees to comply with all
such General Terms and Conditions .
7 . The Contractor shall guarantee all labor and material used in the performance of this
Contract for a period of one year from the final written approval by the City or as per the
Request for Qualification and Specifications .
1000 Englewood Parkway , Englewood, Colorado 80110-2373
(303) 762-2412 www .englewoodgov .org
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8. IN WITNESS WHEREOF, the parties hereunto have subscribed to this Contract, including
all Contract Documents as listed below:
___ Proposal/Scope of Work Statement
___ Purchase Order No.
CITY OF ENGLEWOOD
___ Insurance Forms
___ Immigration documents
(if applicable)
By: ______________ Date:--------
(Department Director)
By: ______________ Date:--------
(City Manager)
By: _____________ Date: _______ _
(Mayor)
ATTEST: _________________ _
City Clerk
STATEOF~
COUNTYOF ~
)
) SS.
)
On this , 2016, before ye J?ersonally
appeared , known to me to be the ]lM< J ~ l
____ of , the corporation that
executed the within and fo egoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation for the uses and purposes
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
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therein mentioned, and on oath stated that he was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
My commission expires: 9;o 0/ J )
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8
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~~~8~~ 3:: I'> ~~
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.---~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--. ~
NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients ._-...i.;;...._. __ _,
of $600.00 or more to furnish their taxpayer identification number to the payer. The
regulations also provide that a penalty may be imposed for failure to furnish the taxpayer
identification number. In order to comply with these regulations, the City requires your
federal tax Identification number or Social Security Number, whichever Is applicable .
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
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GENERAL TERMS AND CONDITIONS
1. PROPOSAL ACCEPTANCE. Proposals are
subject to acceptance by the signing of a contract and
issuance of an appropriate purchase order at any time within
sixty (60) days after the receipt of quotes unless otherwise
stipulated. The City reserves the right to accept or reject any
and all quotes and reserves the right to waive any informality
in any quote.
2. SITE EXAMINATION. If applicable, Contractor
must examine the site and certify all measurements,
specifications and conditions affecting the work to be
performed at the site. By submitting their quote, the
Contractor warrants that he or she (hereinafter he or his)
made such site examination as they deem necessary
regarding the condition of the site; Its accessibility for
materials, workmen and utilities and the Contractor's ability to
protect existing surface and subsurface improvements . No
claim for allowance of time or money will be allowed as to such
matters or for any other undiscovered conditions on the site .
3. EQUIPMENT AND LABOR . The Contractor shall
furnish all tools, equipment, apparatus, facilities,
transportation, labor, and material necessary to furnish the
services herein described. The services shall be performed
at such times and places as directed by the authorized City
representative as indicated In the work speclflcatlons or
statement of work attached hereto.
4. SUBCONTRACTORS. Contractor agrees to bind
every subcontractor to the terms of this contract as far as such
terms are applicable to subcontractor's work. If Contractor
shall subcontract any part of this contract, Contractor shall be
fully responsible to the City for acts and omissions of his
subcontractor and of persons either directly or indirectly
employed by himself. Nothing contained in the contract
documents shaD create any contractual relations between any
subcontractor and the City.
5. DEFAULT BY CONTRACTOR When Contractor,
or any subcontractor, or vendor shall fail to deliver any article
or service or shall deliver any article or service which does not
conform to the work specifications or the Statement of Work,
the City may, upon five (5) business days' prior written notice
describing the default, at its option, annul and set aside the
contract entered into with said Contractor, subcontractor or
vendor either in whole or in part, and enter into a new contract
in such a manner which would be to the best advantage of the
City. The City reserves the right to cancel any articles or
services which the Contractor may be unable to fumish
because of economic conditions , govemmental regulations or
other similar causes beyond the control of the Contractor
provided satisfactory proof Is furnished to the City, if
requested .
6. CONTRACT CHANGES. No changes or
alterations to this contract shall be made without speclllc prior
written approval by both parties .
7 . WORKERS. Contractor shall at all times enforce
strict discipline and good order among his employees and
shall not employ on work any unfit person or anyone not
skilled in work assigned to him or her. Any person in the
employ of the Contractor who the City may deem incompetent
or unfit shall be dismissed from the job site and shall not again
be employed at the site without written consent from the City.
8. SUBSTITUTIONS. No substitutions of materials or
persons from those specified in the Statement of Work shall
be made without the prior written approval of the City.
9. CONTRACTOR SUPERVISION. Contractor shall
provide competent supervision of personnel employed on the
job site, use of equipment, and quality of workmanship.
10. CLEAN UP. Debris shall be removed from the
premises. The job site shall be kept in good order at all times
when work is not actually
being performed and shall be maintained in a safe and clean
condition.
11 . ACCESS TO WORK. City representatives shall at
all times have access to work wherever it is in preparation or
progress. Contractor shall provide safe and proper facilities
for such access.
12. PROTECTION OF WORK AND PROPERTY . The
Contractor shall erect and properly maintain at an times, as
required by conditions and progress of work, all necessary
safeguards, signs, barriers, lights, and watchmen for
protection of workmen and the public, and shall post danger
signs warning against hazards created by such features in the
course of the constructlon .
13. OCCUPANCY . The City reserves the right to
occupy buildings at any tlme before formal contract
completion and such occupancy shall not constitute final
acceptance or approval of any part of the work covered by this
contract, nor shall such occupancy extend the date specified
for substantial completion of the work .
14. ASSIGNMENT OF CONTRACT AND PURCHASE
ORDER. The Contractor shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens ,
duties, or obligations under this contract without the prior
written consent of the City.
15. FORCE MAJEURE CLAUSE. The parties to the
Contract shall be excused from performance hereunder
during the time and to the extent that they are prevented from
obtaining, delivering, or performing by an act of God, fire,
strike, loss, shortage of transportation facilities, lock-out, or
the commandeering of materials, products, plants or facilities
by the government; when satisfactory evidence thereof is
presented to the other party(ies), provided that it is
satisfactorily established that the non-performance is not due
to the fault or neglect of the party not performing .
16. HOLD HARMLESS CONTRACT. The Contractor
shall save, defend , hold harmless and indemnify the City rrom
and against any and an losses, damages, liabilities, claims,
and costs or whatsoever kind and nature for injury to or death
of any person and for loss or damage to any property
occurring in connection with or In any way incident to or arising
out of the occupancy , use, seTVice, operations, or
performance of work on property under the terms of this
contract by any employee, agent, or representative of
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www .englewoodgov.org
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Contractor andfor its subcontractors unless such loss was a
result of the negigent acts or omissions of the City.
17 . PAYMENT. Unless otherwise specified, the
Contractor shaU render invoices for materials delivered or
services performed under the Contract or Purchase Order.
The City shall make payment for materials, supplies or other
services furnished under this Contract in lump sum on
completion of the work within thirty (30) days after delivery to
and approval by the authorized City representative of all
invoices and other documentary evidence reasonably
required by the City including the satisfactory release of all
liens or claims for liens by subcontractors, laborers, and
material suppliers for work or materials provided under this
Contract or Purchase Order (which approval shall not be
unreasonably withheld).
18. PERMITS AND LICENSES. The Contractor and all
of his employees, agents, and subcontractors shall secure
and maintain ln force, at Contractor's sole cost and expense,
such licenses and permits as are required by law, including
any llcenses or permits required by the City in connection with
the furnishing of materials, supplies, or services herein listed.
19. CONTRACTOR NOT AN OFFICER. EMPLOYEE.
OR AGENT OF THE CITY. While engaged in or carrying out
other terms and condltlons of the Contract or Purchase Order,
the Contractor Is an independent Contractor, and not an
officer, employee, agent, partner, or joint venture of the City.
20 . CONTRACTOR'S AND SUBCONTRACTOR'S
INSURANCE. The Contractor shall not commence work
under this contract until he has obtained the insurance
required under this paragraph and satisfactory proof of such
insurance has been submitted to City. Except for worker's
compensation insurance, the policy shall not be amended or
modified and the coverage amounts shaU not be reduced
without the City's prior written consent. The City shall be
named as an additional insured and be furnished thirty (30)
days written notice prior to cancellation. The Contractor shall
not allow any subcontractor, employee or agent to commence
work on this contract or any subcontract until this Insurance
has been obtained.
a) WORKER'S COMPENSATION INSURANCE.
The Contractor shall procure and shall maintain during the life
of this contract, Worker's Compensation Insurance on all of
his employees to be engaged in work on the project under this
contract and in case of any such work subcontracted, thl7.
Contractor shal require the subcontractor provide Worker's
Compensation Insurance for all of the subcontractors
employees to be engaged In such work unless such
employees are covered by the Contractor's Worker's
Compensation Insurance .
b) CONTRACTOR'S PUBLIC LIABILITY ANl28.
PROPERTY DAMAGE INSURANCE. The Contractor and
any subcontractor shall procure and shall maintain during the
life of this contract, Contractor's Public Liability Insurance in
an amount not less than $1,000,000 for injuries, including
accidental death to any one person, and subject to the same
limit for each person, in an amount not less than $1,000,000
on account of one accident, and shall also maintain
Contractor's Property Damage Insurance in an amount not
less than $1,000,000 .
21. WARRANTY/QUALITY. The Contractor,
manufacturer, or their assigned agents shaU guarantee the
workmanship, product or servlce performed against defects or
failures of materials for a minimum period of one (1) year from
dellvery or the final completion date for the work, All
workmanship and merchandise must be warranted to be in
compliance with applicable Colorado energy, conservation,
and environmental standards; unless a longer minimum
period Is required in the statement of work . Contractor shall
furnish all manufactures ' and supplier' written guarantees and
warrantees covering materials and equipment furnished
pursuant to this Contract or Purchase Order.
22. ASSIGNMENT OF CLAIMS. In submitting a quote
on this project, the Contractor or any subcontractor agreeing
to supply goods, services, or materials, and entering into this
contract, the Contractor and/or subcontractor do offer and
agree to assign to the City all rights, title, and interest in and
to all causes of action It may have pursuant this contract or
subcontract. This assignment shaU be made and become
effective at the time the City tenders final payment to the
Contractor without further acknowledgment by the parties.
23. COMPLIANCE Wl!H LAWS. Contractor shall give
all notices and comply with all laws, ordinances, rules and
regulations bearing on conduct or work as indicated or
specified In the Statement of Work. If Contractor observes
that any of the work required by this contract Is at variance
with any such laws, ordinances, rules or regulations,
Contractor shall notify the City, In writing, and , at the sole
option of the City, any necessary changes to the scope of
work shall be made and this contract shall be appropriately
amended, in writing, or this contract shall be terminated
effective upon Contractor's receipt of a written termination
notice from the City. If Contractor performs any work knowing
It to be rn violation of such laws, ordinances, rules or
regulations and wlthoutflrst notifying the City of such violation,
Contractor shaU bear all costs arising therefrom.
24. TIME IS OF THE ESSENCE. Time Is of the
essence in the performance of and compliance with each of
the provisions and conditions of this contract.
25. GOVERNING LAW. This contract shaU be
governed by and construed in accordance with the laws of the
State of Colorado. Venue will be proper In Arapahoe County, co .
26 . NO ORAL MODIFICATION. Any waiver,
amendment, modification, consent or acquiescence with
respect to this contract or any provision of this contract or with
respect to any failure to perform in accordance therewith shall
be set forth In writing and duly executed by or on behalf of the
party to be bound thereby.
27. TABOR. The parties understand and acknowledge
that each party is subject to Article X, § 20 of the Colorado
Constitution ("TABOR"). Any provision of this contract or Its
attachments which imposes upon the City, directly or
indirectly, any financial obligation whatsoever to be performed
or which may be perfonned in any fiscal year subsequent of
the year of execution of this contract is expressly made
contingent upon and subject to funds for such financial
obligation being appropriated, budgeted and otherwise made
available.
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
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28. COLORADO LABOR LAW. If this project is for a
public works project or public project, as defined in Section 8-49-
102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S.
which requires the contractor to use at least eighty percent (80%)
Colorado labor for any public works project financed In a whole
or in part by State, counties, school districts, or municipal
monies.
29. PROVISIONS REQUIRED BY LAW DEEMED
INSERTED. Each and every provision of law and clause
required by law to be inserted in this contract shall be deemed
to be Inserted herein and this contract shall be read and
enforced as though it were included therein.
30. VERIFICATION OF COMPLIANCE WITH C.R.S.
8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL
ALIENS
(a) Employees, Contractors and
Subcontl'actors: Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this
contract. Contractor shall not contract with a subcontractor
that fails to certify to the Contractor that the subcontractor will
not knowingly employ or contract with an illegal alien to
pelform work under this Contract. [CRS 8-17 .5-102(2)(a)(I) &
(JI).]
(b) Verification: Contractor will participate
In either the E-Verify program or the Department program, as
defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7)
respectively, in order to confirm the employment eligibility of
all employees who are newly hired for employment lo perform
work under this public contract for services. Contractor is
prohibited from using the E-Verify program or the Department
program procedures to undertake pre-employment screening
of job applicants while this contract is being performed .
(c) Duty to Terminate a Subcontract: If
Contractor obtains actual knowledge that a subcontractor
performing work under this contract knowingly employs or
contracts with an illegal alien, the Contracto r shall;
(1) notify the subcontractor and the City
within three days that the Contractor has actual
knowledge that the subcontractor is employing or
contracting with an Illegal alien; and
(2) tenninate the subcontract with the
subcontractor if, within three days of receiving
notice required pursuant to this paragraph the
subcontractor does not stop employing or
contracting with the illegal allen; except that the
Contractor shall not terminate the contract with the
subcontractor if during such three days the
subcontractor provides information to establish that
the subcontractor had not knowingly employed or
contracted with the Illegal allen.
d) Duty to Comply with State
Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and
Employment made in the course of an Investigation by that
the Department is undertaking pursuant to C.R.$. 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 Contractor's breach of any section of this
paragraph or provisions required pursuant to C.R.S. 8-17 .5-
102. Contractor 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
unde r this Paragraph 30.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
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• SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
Malley Sen ior Center Carpet Replacement Project
Date of Execution -'-'-
2. NAMES OF PROJECT COORDINATORS
City of Englewood
Michael Hogan -Facilities and Operations Manager
2800 S. Platte River Drive
Englewood, CO 8011 O
Office -303-762-2540
Colorad~arpet Center~ IA.c...
Terry St b
7081 E. 56th Ave . Unit B
Commerce City, CO 80022
Office 720-322-0200
• 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
See Attachment A -Scope of Work
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
None
5 . OTHER RESOURCES
Work will be performed after facility hours approximately 6 P.M. to 8 AM. or by
agreement with City representatives.
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
See Attachment A -Scope of Work
7. SPECIAL TERMS , IF ANY
N/A
8. MODE OF PAYMENT
1000 Englewood Parkway, Englewood, Colorado 80110-2373 • (303) 762 -2412 www.englewoodgov.org
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Purchase Order
9. PAYMENT SCHEDULE
City will pay vendor for the services in accordance with the following payment schedule.
All payments to vendor are contingent on vendor's satisfying the Deliverables/Milestones
set forth in the Payment Schedule. Payments shall be made upon City's written
confirmation to vendor that the Deliverables-Milestones have been satisfied.
40% -Material delivery including carpet, base, and adhesive
50% -Completion
10% -Retainage paid after advertisement and completion documents received .
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation
and delivery of the Deliverables by vendor.
Performance
Milestone
Material Delivered
Completion
Final
Responsible
Party
Colorado Carpet Centers
Colorado Carpet Centers
Colorado Carpet Centers
11. ACCEPTANCE AND TESTING PROCEDURES
None
Target
Date
5/16/16
5/23/16
6/20/16
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
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12. LOCATION OF WORK FACILITIES
Substantially all of the scheduling and administrative work will be conducted by vendor at its
regular office located in Commerce City.
City will NOT provide the City office space and support as it agrees may be appropriate, at its
Malley Senior Center facility.
All delivery and installation work will be performed at the Englewood Malley Senior Center.
IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between
the parties hereto dated , 2016, the parties have executed this Statement of
Work as of this day of , 2016.
CITY OF ENGLEWOOD, COLORADO
By: _____________ _
(Signature)
(Print Name)
Date:-------------
~ ~A4g
Title: .p~k2c;rl7
Date: "} -S -I frz
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
9
City of Englewood _;,,_ E Cl'i:'Oi-J d
ngleWOO Malley Center Carpet Replacement
ATTACHMENT A-SCOPEOFWORK
FLOORING REMOVAL AND INSTALLATION
Attachment A
A. PROJECT COORDINATORS
1. City of Englewood
A) Michael Hogan -Facilities and Operations Manager
8) 2800 S. Platte River Drive -Englewood, CO 80110
C) Office -303-762-2540
2. Colorado CarpJ:t Cente~~~
A) Terry st;ib
8) 7081 E. 561h Ave. Unit 8 -Commerce City, CO 80022
C) Office 720-322-0200
B. SCOPE OF WORK
1. Project Management
PAGE10F5
A) Coordinate capettel110\lalandreplaa3mentinalµtjejaea;andall activities with City
representative to ensure that the project is completed in a timely fashion and according the
specifications.
8) Project timeline and completion dates will be negotiated with Contractor including
bonding, insurance and material delivery estimates.
C) Exercise due diligence in all aspects of the project.
D) Ensure that all orders are placed and followed up on quickly to meet project timelines.
E) Note that the estimated square footage stated herein is to provide bidders with an
approximate scope of work for the project and it is the bidder's sole responsibility to
accurately and completely determine the amount of material and labor necessary to
complete the work; no additional costs or time delays will be considered by the City for
bidder's inaccurate determinations.
2. Materials
A) All project materials to be supplied by Contractor.
B) Carpet -Approximately 6,445 Square Feet (Project) Milliken -Out of the Shadows -
Shadowbox-58102 Shroom 50cm x 50cm Carpet Tiles
C) Carpet -Approximately 1,610 Square Feet (Owner Stock) Milliken • Out of the Shadows -
Shadowbox -SB 102 Shroom 50cm x 50cm Carpet Tiles
D) Wall Base -Approximately 600 Foot-Johnsonite -#283 Toast
E) Contractor will supply all other installation materials needed including transition strips, and
adhesive that comply with manufacturer's warranty.
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3. Mobilization •
A) Ensure that work crews are scheduled far enough in advance to ensure timely initiation and
completion of the project.
... ~Englewood City of Englewood
Malley Center Carpet Replacement
ATTACHMENT A· SCOPEOFWORK
FLOORING REMOVAL AND INSTALLATION
PAGE20F5
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8) Ensure that all required tools and equipment are available to initiate the work.
4. Delivery, Storage and Handling
A) Be responsible for all delivery arrangement of all material to the work site.
8) Promptly inspect shipments to ensure that products comply with requirements, quantities are
correct and products are undamaged.
C) Trans port and handle products in accordance with manufacturer's instructions.
D) Coordinate delivery, storage and handling requirements with City representative to
designated prepared areas to minimize site storage time and potential damage to stored
materials .
E) Utilize City facilities for storage of any tools , materials or equipment required to perform the
work as authorized by City representative. Restrict storage to materials and equipment
related to the project only.
F) Stage the materials, if necessary, only in areas designated by the City representative.
G) Ensure that the staged items are fully protected and secured from adverse environments,
conditions, damage, vandalism, theft and the like.
H) Do not stage or store items that are in contradiction with the manufacturer's or legal
requirements .
I) Ensure that all equipmen~ excess materials and debris are removed from the work site as
soon as practically possible .
J} Note that any damaged or missing items shall be replaced at contractor's sole expense.
K) Remove from City facilities all materials, tools and equipment immediately after completion
of the project
5. Moving Furnishings
A) Relocate furniture in designated areas to facilitate the removal and installation process.
B) Lift the furniture as required when relocation is not a reasonable option.
C) Utilize a manufacturer approved furniture lift system to ensure that there is no damage to the
furniture or the new flooring.
D) Do not utilize crowbars or like devices unless specifically authorized by City representative.
E) Note that cost to move or lift furniture not induded in the bid is at the Contractor's sole expense.
6. Removing and Disposing of Existing Flooring
A) Remove and dispose of the existing carpet, base, and prtject related debris according to all
legal requirements in Contractor provided disposal system.
8) Ensure that excess materials on the substrate, that would prevent the proper installation of
the new flooring, are removed and disposed of properly.
C) Do not stockpile material , remove and dispose quickly.
D) Coordinate with the City representative regarding al disposal containers that are
required; any related costs are at the Contractor's sole expense .
E) Do not reuse any removed material unless City representative so authorizes.
F) Notify City Representative promptly upon discovery of any historic items encountered during
., · ~Englewood City of Englewood
Malley Center Carpet Replacement
ATTACHMENT A· SCOPEOFWORK
FLOORING REMOVAL AND INSTALLATION
PAGE30F5
work and protect, remove, handle, and store as directed by City Representative.
7. Preparing Substrate
A) Examine substrates thoroughly to determine its suitability for flooring installation.
B) Notify, immediately, the City representative, upon discovery of any suspect condition that
could potentially cause a faulty installation. Do not proceed with installation unless the City
representative has granted written permission to proceed regarding the suspect conditions.
Remedy any faulty installation failing Contractor's adherence to the aforementioned.
C) Ensure that a minim um ambient temperature of 65 degrees F and relative humidity of 65% is
maintained for 72 hours prior to, during, and 48 hours after installation.
D) Ensure that, prior to flooring installation, the substrate is: properly prepared for the flooring
material; free of inherent defects such as ridges, bumps, rises, dips, low spots, cracks,
holes, joints and the like that could cause a faulty installation, be unsightly, or cause any
hazards; sufficiently smooth, flat, clean, dry, well bonded, primed; has moisture content and
pH levels that are within flooring manufacturers' tolerances to permit a professional
installation and pleasing appearance.
8. Installing New Flooring
A) Ensure proper ventilation at all times and that no potential or known fire hazards exist.
B) Protect all areas not receiving new flooring at all times.
C) Utilize only the adhesives that are the appropriate type, amount, spread and meet the
environmental conditions according to the manufacturer's specifications.
D) Cut flooring according to manufacturer's specifications.
E) Install the flooring material according to the manufacturer's specifications.
F) Ensure that any patterns of the flooring are aligned and positioned properly.
G) Ensure that the pattern and alignment has been approved and photo documented by
the City representative prior to full install and that there is uniformity and conformity of
direction.
H) Install flooring material in all designated areas including under any open-bottom items,
removable flanges and furnishings, in alcoves and closets and to the edge of all walls
columns, permanently mounted articles and the like.
I) Install protective edge guards or overlapping flanges to conceal edges.
J) Provide tightly fitting cut-outs as appropriate.
K) Ensure that all joints and edges are properly butted so that there are no gaps or distortions
in the flooring.
L) Ensure that the installed flooring does not interfere or restrict any existing cabling or wiring
for any devices including without limitation: computers, fax machines, telephones, copiers,
electrical boxes and the like.
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M) Do not bridge building expansion joints with continuous flooring. •
N) Remove, immediately, all excess adhesive from all areas and ensure that its removal causes
no damage to new flooring or adjacent surfaces.
0) Clean and vacuum, as appropriate, the new installed flooring prior to replacing furniture and
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~· Eh'Qlewood City of Englewood
Malley Center Carpet Replacement
ATTACHMENT A-SCOPEOFWORK
FLOORING REMOVAL AND INSTALLATION
after replacing furniture as may be necessary.
9. Replacing Moved Furnishings
PAGE40F5
A) Note thatfurnishings include all tangible items including without limitation: furniture, desks,
shelves, bookcases, floor mats, etc., but not computer equipment.
B) Replace all moved furnishings to its original position or to the designated positions as may ·
have been determined and agreed upon before the installation process began.
C) Ensure that all furnishings are back in place immediately after completed installation.
10. Final Inspection
A) Perform a pre-final inspection before requesting the final inspection with City representative.
B) Coordinate final inspection with City representative immediately after the project completion.
C) Note that invoices may not be presented for work that has been completed that has not
been inspected and approved by City representative and if invoice is received prior to
approval, then payment will be withheld until such approval has been granted.
D) Replace any defective work, at Contractor's sole expense, within five business days after
final inspection and notification has been received by Contractor from City representative.
11. Demobilization
A) Ensure that all waste materials are disposed of properly.
B) Deliver all excess flooring materials per City representative instructions including specified
owner stock order.
C) Ensure that all required tools and equipment are promptly removed after completion of work.
C. WORK DELAYS
1. Note that force majeure applies only when delays are clearly beyond the control of or could not
have been anticipated by Contractor. City will grant an extension in time equivalent to the exact
number of working days that were caused by the force majeure incident(s), but City will not grant
any monetary relief unless costs for mobilizing and demobilizing were detailed in the bid, which
shall be subject to negotiation.
D. WORK DONE BY OTHERS
1. List su bean tractors that may be performing any work for the requirements as described herein.
2. Note that any subcontractors utilized must meet same qualifications, bonding, insurance and
other requirements as may be stated in this document.
3. Do not change any subcontractor, subcontract out, or assign the performance of any of the work
without the prior written approval of City representative.
E. SITE CONDITIONS
1. Examine specifications and work site and conditions before submitting a bid.
2. Note that changes or substitutions to this specification will NOT be made unless specifically
approved, in writing, by City representative .
3. Notify, in writing, the City representative, regarding any issues that prevent the project from being
completed as specified herein. Note that start of work without Contractor providing such
notification will be considered acceptance by the Contractor of the existing site conditions.
F. ENVIRONMENTAL REQUIREMENTS
...
t >· .,. q;.En'Qlewood City of Englewood
Malley Center Carpet Replacement
AITACHMENT A· SCOPEOFWORK
FLOORING REMOVAL AND INSTALLATION
PAGESOFS
1. Comply with current applicable local, state and federal regulations and requirements.
2. Transport, store, apply and dispose of all hazardous materials as required by law.
3. Supply, if necessary, a trash container for non-hazardous materials only.
4. Remove from the work site and properly dispose of, on a daily basis, all spent materials, supplies,
debris, equipment and the like.
5. Do NOT accumulate waste materials unless City representative otherwise allows.
G. Notify, immediately, City representative upon the discovery of any hazardous materials including
asbestos; force majeure may apply if written notification is received within 24 hours of discovery.
H. SAFETY
1. Ensure that all applicable safety standards are enforced at all times.
2. Maintain clear access to all fire exits.
3. Keep project premises free of construction·related debris.
4. Collect material that may constitute a safety hazard and remove daily from site.
5. Maintain and protect areas where work is in progress from damage.
I. SECURITY
1. Do not admit any person into the work areas who are not an employee of City or Contractor.
2. Wear identification at all times, which shall be furnished by the Contractor.
J. DAMAGES
1. Protect materials, products and facility against damage at all times during the project
2. Repair, at Contractor's sole expense, any damage attributed to Contractor within 30 days.
3. Note that failure to complete repairs with the given time, will entitle the City to effect the repairs
and the cost of the repair will be deducted from invoice due or charged back to Contractor.
K. WARRANTY
1. Provide everything necessary including without limitation: labor, material and equipment to
replace or repair any defective installation and or manufacturer's defect within a year from
completion at no additional cost to the City.
2. Respond to warranty issues within 24 hours after notification in City-determined emergencies and
in agreed upon times for non-emergencies.
3. OEM manufacturer's warranty on their products.
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Scope of work:
March 2, 2016
COLORADO CARPET CENTER, INC.
Is pleased to submit
The Following Quotation
To
City of Englewood
Malley Senior Center
Commercial Flooring
Sales & Installation
Demo the existing flooring. Supply and install Milliken Style: Out of the Shadows carpet
tiles. Supply and install Johnsonite 4" resilient base and transitions as required. Price
includes 20% overage on carpet tiles for owner's future use. $38,556.40
Furniture Move:
Move furniture out and back as required for new carpet per NJP A agreement.
Add: . $ 3, 725.00
Allowance:
Floor prep allowance-not to exceed $1,676.25
Notes:
Pricing per N JP A Contract #2210 on Milliken carpet
7081 E. 56th Ave., Unit B •Commerce City, CO 80022
Phone 720.322.0200 •Fax 720.322.0300
Email: coloradocarpetcenter@msn.com
Scope of work:
March 2, 2016
COLORADO CARPET CENTER, INC.
Is pleased to submit
The Following Quotation
To
City of Englewood
Malley Senior Center
Commercial Flooring
Sales & Installation
Demo the existing flooring . Supply and install Milliken Style: Out of the Shadows carpet
tiles. Supply and install Johnsonite 4" resilient base and trans itions as required . Price
includes 20% overage on carpet tiles for owner's future use. $38,556.40
Furniture Move:
Move furniture out and back as required for new carpet per NJP A agreement.
Add:' $ 3,725.00
Allowance:
Floor prep allowance-not to exceed $1,676.25
Notes:
Pricing per NJPA Contract #2210 on Milliken carpet
7081 E. 56th Ave., Unit B •Commerce City. CO 80022
Phone 720.322 .0200 •Fax 720.322.0300
Emai I: coloradocarpetcenter@msn .com
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 2, 2016 11ciii Award Contract for Concrete Utility 2016
Initiated By: Staff Source:
Department of Public Works Larry Nimmo , Right-of-Way Services Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• On May 5, 1997, City Council approved Ordinance No. 36, Series 1997 creating a
Concrete Utility and Concrete Utility Enterprise Fund (EMC Chapter 8, Title 12).
• Council has approved annual construction contracts for removal and replacement of
substandard concrete.
RECOMMENDED ACTION
Staff recommends that City Council award, by motion, a contract with Custom Concrete Cutting,
Inc., in the amount of $425 ,856 .15, for construction of Concrete Utility 2016 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Municipal Code (Section 11-38-1) requires property owners to maintain the
concrete curbs, gutters, and sidewalks adjacent to their property. An option available to property
owners is to participate in the Concrete Utility. The Concrete Utility provides a funding
mechanism for concrete repair at a reasonable cost ($8.15 to $10 .00 quarterly fee for a typical
residential property) and a convenient way to pay (96% of the fees are collected through the
water/sewer billing system). The City contributes its share of the fees just like any private owner.
Staff prepared bid documents and quantity estimates for the 2016 Concrete Utility work. The
project was publicly advertised in March and bids were opened on March 17, 2016. Custom
Concrete Cutting, Inc. submitted the lowest responsive bid . Custom Concrete Cutting, Inc. has
never performed a project in Englewood. Staff has checked with other municipalities listed in the
Statement of Qualification (SQQ); all provided positive feedback on their work , including a
willingness to address issues immediately , and low customer complaints .
FINANCIAL IMPACT
Four bids were received and opened on March 17, 2016 , as detailed in the attached Bid Tabulation.
The bid submitted by Custom Concrete Cutting Inc. is 3. 7% lower than the Engineer's Estimate of
$441,645 . 75 . The 2016 Concrete Utility construction budget is $498,000.00 .
Estimated Construction costs for the 2016 project are as follows:
Construction contract (Custom Concrete Cutting Inc.)
Contingency for unidentified work
Total Estimated 2016 Construction Cost
$425,856.15
$ 70.000.00
$497,856 .15
The 2016 total estimated construction cost does not include work for other departments , i.e.
Utilities and Parks, which will be paid out of their accounts . As in previous years these
departments leverage the economy of scale provided by the Concrete Utility to complete
necessary repairs.
LIST OF ATTACHMENTS
Contract
Bid Tabulation
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Item# Description of Item Unit Quantity
101 Remove Vertical Curb & Gutter LF 935
102 Remove Walk SF 5,810
103 Remove Curbwalk LF 1725
104 Remove Mono LF 325
105 Remove Industrial Tvoe B LF 250
106 Remove 4' -wide V-Pan LF 50
107 Remove Conaete Crosspan SF 2250
108 Remove Conaete Allev Pavina SF 6925
109 Remove Concrete Pavement 12-15 SF 25
110 SawConaete LF 380
111 SawAsohalt LF 2600
112 Remove Asphalt SF 2700
114 Vertical Curb & Gutter LF 800
117 Slope Back Verticle Curb & Gutter LF 25
118 4" Concrete Welk SF 4300
119 6" Concrete Walk SF 800
120 6" Colored Concrete Walk SF 100
121 8" Concrete Walk SF 225
122 4" Curbwalk I LF 1 050
123 6" Curbwalk I LF 607
124 8" Curbwalk I LF 100
125 4" Curbwalk II LF 100
126 6" Curbwalk II LF 75
127 8" Curbwalk II LF 50
128 4" Mono LF 100
129 6" Mono LF 200
130 8" Mono LF 75
131 Construct Industrial Tvoe "B" LF 250
132 4'-'Mde V-Pan LF 25
133 Curb Ramp EA 7
134 Construct CrossPan SF 2175
135 Concrete Allev Pavina SF 6 ,925
136 Construct 12-15" JRCP SF 25
137 Ashpalt Patch TONS 200
138 Comoacted Gravel Basecourse TONS 175
139 Construct Chase Section SF 5
140 Inlet Repair EA 1
141 Construct Inlet EA 1
142 Adiust Manhole EA 1
143 Remove Brick Pavers SF 25.0
152 Rem Tree & Stumps <-12" Dia EA 0 .0
153 Rem Tree & Stumps <-24" Dia EA 0 .0
154 Rem Tree & Stumps <=36" Dia EA 0.0
155 Rem Tree & Stumps <=48" Dia EA 0.0
156 Rem Tree & Stumos >48" Dia EA 0.0
157 4" Stamped Colored Concrete SF 0.0
· Corrected Amount
•
City of Englewood
2016 Concrete Utility Bid Results
17-Mar-16
CUSTOM CONCRETE FASICK CONCRETE,
Em:1ineer's Estimate CUTTING INC. INC.
Cost Per Unit Total Cost of Item Cost Per Unit I Total Cost of Item c t P U It I Total Cost of os er n Item
$11 .00 $10 285.00 $8 .00 $7,480.00 $7.00 $6,545 .00
$2 .50 $14 525.00 $2 .30 $13,363.00 $3.00 $17,430.00
$11 .00 $18,975.00 $11.00 $18,975.00 $10.00 $17,250.00
$13.00 $4 225.00 $11 .50 $3,737.50 $14.00 $4,550.00
$13.00 $3 250.00 $15.50 $3,875.00 $14.00 $3,500.00
$10.00 $500.00 $9.20 $460.00 $10.00 $500.00
$3 .00 $6 750.00 $3.00 $6,750.00 $3.00 $6,750.00
$3.50 $24 237.50 $3.00 $20,775.00 $3.00 $20,775.00
$6 .00 $150.00 $6.00 $150.00 $5.00 $125.00
$6 .50 $2 470.00 $4.50 $1,710.00 $6.00 $2,280.00
$3 .00 $7 800.00 $3.00 $7 ,800.00 $3.00 $7,800.00
$2.50 $6 750.00 $2.30 $6,210.00 $3.00 $8,100.00
$30.00 $24000.00 $25.00 $20,000.00 $30.00 $24,000.00
$30.00 $750.00 $25.00 $625.00 $40.00 $1 ,000.00
$5 .50 $23650.00 $5.50 $23,650.00 $6 .00 $25,800.00
$6 .00 $4,800.00 $6.00 $4,800.00 $7.00 $5 ,600.00
$18.50 $1,850.00 $14.00 $1 ,400.00 $16.00 $1 ,600.00
$9.50 $2,137.50 $8.00 $1 ,800.00 $9 .00 $2,025.00
$32.00 $33 600.00 $35.00 $36,750.00 $34.00 $35,700.00
$37.50 $22 762.50 $37.95 $23,035.65 $36.00 $21 ,852.00
$50.00 $5 000.00 $47.75 $4,775.00 $50.00 $5,000.00
$38.00 $3 ,800.00 $40.00 $4,000.00 $42.00 $4,200.00
$46.50 $3 487.50 $45.00 $3 ,375.00 $48.00 $3,600.00
$61 .00 $3 050.00 $56.50 $2,825.00 $60.00 $3,000.00
$40.00 $4 000.00 $45.25 $4,525.00 $42 .00 $4 ,200.00
$40.00 $8,000.00 $49.45 $9 ,890.00 $44.00 $8,800.00
$55.00 $4,125.00 $55.75 $4,181 .25 $56.00 $4,200.00
$48.00 $12,000.00 $55.75 $13,937.50 $52.00 $13 ,000.00
$38.00 $950.00 $31 .00 $775.00 $48.00 $1 ,200.00
$1 ,850.00 $12 950.00 $2,015.00 $14,105.00 $2,000.00 $14,000.00
$11 .75 $25 556.25 $10.15 " s22:016.25 $13.00 $28,275.00
$12.00 $83,100.00 $10.15 $70,288.75 $13.00 $90,025.00
$21 .00 $525.00 $25.00 $625.00 $20.00 $500.00
$185.00 $37 000.00 $212.75 $42,550.00 $150.00 $30,000.00
$35.50 $6 212.50 $34.50 $6,037.50 $40.00 $7,000.00
$1 995.00 $9,975.00 $1,725.00 $8,625.00 $2,000.00 $10,000.00
$2 872.00 $2 872.00 $3 ,450.00 $3,450.00 $3,000.00 $3,000.00
$5 000.00 $5 000.00 $5,750.00 $5,750.00 $5,000.00 $5,000.00
$500.00 $500.00 $575.00 $575.00 $400.00 $400.00
$3.00 $75.00 $5.75 $143.75 $10.00 $250.00
$591 .10 $0.00 $0.00 $0.00 $0.00 $0.00
$976.60 $0.00 $0.00 $0.00 $0.00 $0.00
$1,439.20 $0.00 $0.00 $0.00 $0.00 $0.00
$1,696.20 $0.00 $0.00 $0.00 $0.00 $0.00
$1,953.20 $0.00 $0.00 $0.00 $0.00 $0.00
$25.00 $0 .00 $0.00 $0.00 $0.00 $0.00
TOTAL $441,645.75 $425,856 .15 $448,832.00
•
NORAA CONCRETE
CHAVEZ SERVICES LLC CONSTRUCTION
Cost Per Unit I Total Cost of Item C tP U It I TotalCostof os er n Item
$9.10 $8,508.50 $15.00 $14,025.00
$2.25 $13,072.50 $2 .75 $15,977.50
$12.00 $20,700.00 $17 .00 $29,325.00
$12.60 $4,095.00 $15.00 $4,875.00
$18.00 $4,500.00 $20.00 $5,000.00
$19.00 $950.00 $12.00 $600.00
$3.30 $7,425.00 $3.50 $7,875.00
$3.60 $24,930.00 $3.85 $26,661 .25
$19.00 $475.00 $7 .00 $175.00
$6.50 $2,470.00 $8.00 $3,040.00
$2.90 $7,540.00 $3.90 $10,140.00
$2.80 $7,560.00 $2.75 $7,425 .00
$36.00 $28,800.00 $35.00 $28,000.00
$56.00 $1,400.00 $35.00 $875.00
$5.60 $24,080.00 $6.25 $26,875.00
$6.30 $5,040.00 $7 .00 $5,600.00
$18.90 $1,890.00 $20.00 $2 ,000.00
$11 .00 $2,475.00 $10.50 $2,362 .50
$36.00 $37,800.00 $36.00 $37,800.00
$46.00 $27,922.00 $43.00 $26,101 .00
$56.00 $5,600.00 $58.00 $5,800.00
$43.00 $4,300.00 $45.00 $4,500.00
$56.00 $4,200.00 $54.00 $4,050.00
$64.00 $3,200.00 $68.00 $3,400.00
$40.00 $4 ,000.00 $44.00 $4 ,400.00
$41 .00 $8,200.00 $46.00 $9,200.00
$56.00 $4,200.00 $63.10 $4,732.50
$72.00 $18,000.00 $48.00 $12,000.00
$48.00 $1 ,200.00 $42.00 $1,050.00
$3,300.00 $23,100.00 $2,202.00 $15,414.00
$11 .50 $25,012.50 $13.50 $29,362.50
$11 .00 $76,175.00 $13.80 $95,565.00
$36.00 $900.00 $24.50 $612.50
$160.00 $32,000.00 $210.00 $42,000.00
$36.00 $6 ,300.00 $35.50 $6,212.50
$1,900.00 $9 ,500.00 $1,995.50 $9,977.50
$2,900.00 $2 ,900.00 $2,878.00 $2 ,878.00
$5,600.00 $5,600.00 $5,000.00 $5,000.00
$1,600.00 $1,600.00 $550.00 $550.00
$2.50 $62.50 $3.00 $75.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0 .00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$467,683.00 $511,511.75
•
CONTRACT# CFC/16-10
THIS CONTRACT and agreement, made and entered into this __ day of , 2016, by and
between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the
"City", and Custom Concrete Cutting, Inc., whose address is P.O. Box 1060, Brighton, CO 80601 ("Contractor"),
commencing on the day of _, 20_, and continuing for at least ten ( 10) days thereafter
the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment,
materials and everything necessary and required for the following :
PROJECT: 2016 Concrete Utility Project
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and
have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a
contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder
therefore, and ·
WHEREAS, pursuant to said recommendation , the Contract has been awarded to the above named Contractor
by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in
accordance with said advertisement and his proposal.
NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this
contract, the parties mutually agree as follows:
A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings
and documents which are attached or incorporated by reference constitute and shall be referred to
either as the Contract Documen,ts or the Contract and all of said instruments, drawings, and
documents taken together as a whple constitute the Contract between the parties hereto and they are
as fully a part of this agreement as1 if they were set out verbatim and in full :
Invitation to Bid
Contract (this instrument)
Special Provisions
Insurance I
Performance Payment Maintenance Bond
Section 1 -General Information
Section 2 -Special Provisions
Section 3 -General Condition~
Section 4 -Portland Cement Concrete
Section 5 -Placing and Finishing Concrete
Section 6 -Site Preparation
CFC /1 6-10 Concrete Util ity 2016 Project ITB-16-003
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov .org
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Section 7 -Base Course
Section 8 -City of Englewood Construction Details
B . Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies , equipment,
materials and everything necessary for and required to do, perform and complete all the work
described , drawn, set forth , shown and included in said Contract Documents .
C . Terms of Performance: The Contractor agrees to undertake the performance of the work under this
Contract within ten (10) days from being notified to commence work by the Director of Public Works,
and agrees to fully complete said work by October 15, 2016, plus such extension or extensions of
time as may be granted by the Director of Public Works in accordance with the provisions of the
Contract Documents and Specifications .
D. Indemnification: The city cannot and by this AgreemenUContract does not agree to indemnify, hold
harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any
purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and
employees from any and all claims, demands, suits , actions or proceedings of any kind or nature including
Worker's Compensation claims , in any way resulting from or arising out of this Agreement/Contract:
provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents
and employees from damages resulting from the sole negligence of the City's officers , agents and
Employees.
E. Termination of Award for Convenience: The City may terminate the award at any time by giving written
notice to the Contractor of such termination and specifying the effective date of such termination , at least
thirty (30) days before the effective date of such termination . In that event all finished or unfinished service,
reports , material ( s) prepared or furnished by the Contractor after the award shall , atthe option of the City,
become its property . If the award is terminated by the City as provided herein , the Contractor will be paid
that amount which bears the same ratio to the total compensation as the services actually performed or
material furnished bear to the total services/materials the successful firm agreed to perform under this
award, less payments of compensation previously made . If the award is terminated due to the fault of the
Contractor the clause relating to termination of the award for cause sha ll apply.
F . Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or
stipulations of the award, the City shall have the right to terminate the award by giving written notice to
the Contractor of such termination and specifying the effective date of termination. In that event , all
furnished or unfinished services, at the option of the City, become its property , and the Contractor shall
be entitled to receive just, equitable compensation for any satisfactory work documents, prepared
completed or materials as furnished .
Notwithstanding the above , the Contractor shall not be relieved of the liability to the City for
damages sustained by the City by virtue of breach of the award by the Contractor and the
City may withhold any payments to the Contractor for the purpose of set off until such time
as the exact amount of damages due the City from the Contractor is determined .
1000 Englewood Parkway , Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov .org
• CrC/16-10 Concrete Utility 2016 Project ITB-16-003
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G . Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required
under this contract, and the Contractor agrees to accept as his full and only compensation therefore, •
such sum or sums of money as may be proper in accordance with the price or prices set forth in the
Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Four
Hundred Twenty Five Thousand Eight Hundred fifty Six and Fifteen Cents {$425,856.15). A 5%
retainage of the awarded project amount will be withheld until final inspection and acceptance by the
Project Manager.
H . Appropriation of Funds: At present, $425.856.15 has been appropriated for the project.
Notwithstanding anything contained in this Agreement to the contrary, 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
AgreemenUContract to the contrary, all payment obligations of the City are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period
ending upon the next succeeding December 31 . Financial obligations of the City payable after the
current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and
otherwise made available in accordance with the rules, regulations , and resolutions of the City and
applicable law. Upon the failure to appropriate such funds , this Agreement shall be deemed
terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the
event of such termination.
I. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement
because of the public interest in health and safety, and that the City will suffer financial loss, and
inconvenience, if the Work is not complete within the time specified in the bid documents , plus any
extensions thereof all owed in accordance with the General Conditions. They also recognize the
delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by •
the City if the Work is not complete on time. Accordingly, instead of requiring any such proof, the C ity
and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay
the City $250.00 for each day that expires after the time specified for substantial completion until the
Work is complete, and $250.00 for each day that expires after the time specified for final completion
until the Work is finally complete .
J. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other
Contract Documents to any person or entity without the prior written consent of the City specifically
including, but without limitation , moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law). Any attempted assignment which is not in compliance with the terms hereof shall be null and
void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment
will release or discharge the Assignor from any duty or responsibility under the Contract Documents.
K. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the
parties hereto, their heirs, executors, administrators, assigns, and successors.
L. State Statute: If this project is for a public works project or public project, as defined in Section 8-49-102(2)
C.R.S . the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least
CFC/16-10 Concrete Util ity 20 16 Project ITB-16-003
1000 Englewood Parkway , Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
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eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State,
counties, school districts , or municipal monies .
M. Contractors Guarantee : The Contractor shall guarantee that work and associated incidentals shall
remain in good order and repair for a period of two (2) years from all causes arising from defective
workmanship and materials, and to make all repairs arising from said causes during such period without
further compensation. The determination of the necessity for the repair or replacement of said project ,
and associated incidentals or any portion thereof, shall rest entirely with the Director of Public Works
whose decision upon the matter shall be final and obligatory upon the Contractor.
VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL
ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with
an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails
to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to
perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).]
(b} Verification: Contractor will participate in either the E-Verify program or the Department program, as
defined in C .R.S . 8-17.5-101 (3 .3) and 8-17.5-101 (3 .7) respectively, in order to confirm the employment eligibility
of all employees who are newly hired for employment to perform work under this public contract. Contractor is
prohibited from using the E-Verify program or the Department program procedures to undertake pre -employment
screening of job applicants while this contract is being performed .
(c} Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor
performing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall:
( 1 ) notify the subcontractor and the City within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
(2) terminate the sub-contract with the subcontractor if, within three days of receiving notice
required pursuant to this paragraph the subcontractor does not stop employing or contracting with the
illegal alien ; except that the Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with the illegal alien.
(d} Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the
Colorado Department of Labor and Employment made in the course of an investigation by that the Department
is undertaking pursuant to C .R.S. 8-17.5-102 (5).
(e} Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in
whole or in part, due to Contractor's breach of any section of this paragraph or provisions required pursuant to
C .R.S. 8 -17.5-102. Contractor 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.
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
• CFC/16-10 Concrete Utiity 2016 Project ITB -16-003
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IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written
above.
CITY OF ENGLEWOOD
By:---------------Date :--------
(Department Di rector)
By : ______________ Date: _______ _
(City Manager)
By : _______________ Date: ________ _
(Mayor)
ATIEST: -------------City Cieri<
,,,,,. ..
C-u 7:::.-4-uM L o <.'\.C11~ 4 <:... C 0 t{', v < c;. 7 \A f'.
Contractor (prin t company name) f
By ~L~
{Slature)
CV'a ~ ~ L l-l-obv2.& /
Date : L/-/3 -/£
JC:~c_S,
(Pr't name and Title)
"') ~ ~
STATE OF {,, .-,a c~
CFC/16-10 Concrete Utility 2016 Project ITB-16-003
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
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) SS.
COUNTY OF /iLJ !cL )
. ~~ -
On this /3 day of Afif'-i '201: before me personally appeared a~?\? &
Jj, h-ro ,.--, , known to m to be ' he _:__ _ > , d.< rZ L_ of
' , · . ? · . -€. -e • . -, the corporation that executed the within and
foregoing instrument, and acknowledged" e said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written .
My commission expires : fl~ -2~ ,.)O/tJ
SANDRA S. WOLLERT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954008000
MY COMMISSION EXPIRES MAY 22, 2019
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
• CFC/16-10 Concrete Utility 2016 Project ITB -16-003 6
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
Custom Concrete Cutting, Inc.
[Reference to Services Agreement by date]
2. NAMES OF PROJECT COORDINATORS
Larry G Nimmo
Thu Hang Nguyen
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
2016 Concrete Utility Program
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
List of Addresses, and City provided materials testing.
5. OTHER RESOURCES
•
[If desired, provide for the Vendor's commitment of its own staff, facilities, and other •
resources by nature or item]
6 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Repair of concrete infrastructure, as identified by COE, generally employing removal and
replacement methodology, unless alternatives are identified and agreed upon by both
parties
7. SPECIAL TERMS, IF ANY
All work to be completed by October 15, 2016, unless time extension granted by COE.
8. MODE OF PAYMENT
9. PAYMENT SCHEDULE
City will pay vendor for the services in accordance with the following payment schedule. All
payments to vendor are contingent on vendor's satisfying the Deliverables/Milestones set forth
in the Payment Schedule. Payments shall be made upon City's written confirmation to vendor
that the Deliverables-Milestones have been satisfied.
Monthly payment based upon on work completed and accepted the previous month .
10 . SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and
delivery of the Deliverables by vendor. •
•
•
•
Performance
Milestone
N/A
Responsible
Party
11. ACCEPTANCE AND TESTING PROCEDURES
Per COE Inspection and acceptance .
12 . LOCATION OF WORK FACILITIES
Target
Date
Substantially all of the work will be conducted by vendor at its regular office located in Brighton,
co 80601.
City will provide the City office space and support as it agrees may be appropriate, at its
______ facility.
IN WITNESS WHEREOF, pursuant and in accordance with the 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:
Print Name)
Title : fJvic_.s ,
Date: '-I -/3 -(-6