HomeMy WebLinkAbout2016-05-16 (Regular) Meeting Agenda Packetif;= Englewood
1000 Englewood Pkwy -Council Chambers
Englewood, CO 80110
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 16, 2016 •7:30 p.m.
a. Minutes from the Regular City Council Meeting of May 2, 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 . Doug Cohn, Englewood resident, will be present to address Council regarding
historic preservation.
b. Patricia Ross, Englewood res ident, will be present to address Council regarding
public health issues with recreational marijuana.
c. Elaine Hults, Englewood resident, will be present to address Council regarding
marijuana.
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 disability and need auxiliary aids or services, please notify the City oi Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
9 . Consent Agenda Items
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
i. Council Bill 19 -Public Works staff recommends Council approve a bill for an
ordinance approving an IGA with CDOT 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 Hills 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
iii. 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
signage. Staff: Right-of-Way Services Manager Larry Nimmo
c. Resolutions and Motions.
i. Community Development staff recommends that Council approve the attached
resolution vacating the Protective Covenant at 333 W. Hampden Avenue that
currently encumbers the west 31 feet of the property adjacent to S. Elati Street.
Staff: Planner II Biook Bell
10. Public Hearing Items.
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Public Works staff recommends Council approve a motion to award a
construction contract for $288,600 with W.O. Danielson Construction Company
for the ServiCenter PreWash and Wash Facility Project. Staff: Facilities and
Operations Manager Michael Hogan
Please note: If you have a disability and need auxiliary aids or services. please notify the Gty of Englewood
( 303-762-2405) at least 48 hours in advance of when services are needed.
-,·
f'
12. General Discussion.
a. Council Members' Choice.
b. Mayor's Choice.
i. Call for a Special Meeting for the purpose of entering into Executive Session with
Strategic Government Resources to discuss candidates for the City Attorney
position on Tuesday, May 24 , at 6:00 p.m.
13 . City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
Please note: If y ou ha v e a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405 ) at least 48 hours in advance of when services are needed.
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
May 16, 2016
Speakers must sign up for Unscheduled Public Commen
~ at the begjoning of the meeting. I
Please "mit your presentation to three minutes
1.EASE..P.RIN:r f
NAME ADDRESS
7 I
me e>
AGENDA ITEM 7
Uf!.ISCHEDULED UBLIC
Speakers mu~t simJ up fpr Uns~heduled Public C-1>mment
at the beginning of the meeting.
Please limit ~our P,resentation to three · u_tes
PLEASE PRINT l
NAME ADDRESS
•
•
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 16, 2016 9bi Intergovernmental Agreement (IGA) between the
City of Englewood and the Colorado Department of
Transportation (CDOT) for the maintenance of
traffic control devices on state highways within
Englewood city limits-2nd Reading
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 (CDOT) 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, on second reading , to enter into a
contract with CDOT for operation and maintenance services of traffic control devices provided
by the City on state highways within city limits . The agreement will allow CDOT 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
CDOT 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 CDOT, 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. CDOT 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 CDOT. (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).
LIST OF ATTACHMENTS
Bill for an Ordinance
Contract (IGA) between CDOT and City of Englewood
1
•
•
ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO . 19
INTRODUCED BY COUNCIL
MEMBER GILLIT
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 . 8 of 1974, 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;
1
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.
Read by title and passed on final reading on the 16th day of May, 2016.
Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on
the 19th day of May, 2016 .
Published by title on the City's official website beginning on the 18th 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 the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2016.
Loucrishia A. Ellis
2
•
•
•
•
•
•
(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 thereofremains 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 43-2-135(1)(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:
I. 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 I, 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
Document Builder Generated Page I of9
E x
H
I
B
I
T
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 Jump 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 specific 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 substantialJy equivalent to Exhibit D, add such devices to this contract.
E. The Local Agency shaIJ 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
Document Builder Generated Page 2 of9
•
•
•
•
•
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 (I 0) 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.
Ifto State
CDOT Region: HQ
TrungVo
Project Manager
425C Corporate Circle
Golden, CO 80401
303-512-5808
If to the Local Agency
City ofEnglewood
Ladd Vostry
Traffic Engineer
1000 Englewood Parkway
Englewood, CO 80110-2373
303-762-2500
• Section 10, Successors
Document Builder Generated Page 3 of9
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 any 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 inoperati v e 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
appl icable 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
Document Builder Generated Page 4 of9
•
•
•
•
•
•
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. siate 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 Jetter 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 ~opy 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
perfo~mance 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 c;ontract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect
betw~en 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
activifies/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to
perfo1m.
Section 20. Subcontractors
I
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 \ipon the parties hereto and their respective successors and assigns.
!
Secti?n 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
Datef rat any time thereafter, this §Statewide Contract Management System applies.
Loca 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 ofinformation
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
Document Builder Generated Page 5 of9
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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Document Builder Generated Page 6 of9
•
•
•
•
•
•
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 Jaw,
(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 of federal copyright Jaws 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 this 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
Document Builder Generated Page 7 of9
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
Document Builder Generated Page 8 of9
•
•
•
•
•
•
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 ofTransportation
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.
Document Builder Generated
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Colorado Department of Transportation
Date :
Page 9 of9
Exhibit A-Scope of Work.
Exhibit A
State 1-trghwayTraffic Signal listing
• The City shall malnt<iin the traffic ~ignals and a'isodaled t.top bars and m.mwalks at the
lotatiom listed below .
• Any r etonstruction, modification, or improvement initialed b\• the City or performed as a
result of a City project shall be included in the maintenance provided by the Oty.
• Any re<:onstruction, modlftcation, or Improvement initiated by the State or performed as
a nm.1lt of a State project shall be paid for separatt!ly by the State
• 1111! Oty shall pl!rform lnspecti-Ons of each location, in all diretoons , .md submit
dcx:urrumrAtion to COOT by Aprll lOU' and Octobt!r l01h for each yl!ar of this cont~ alt.
Inspection shall include, but not limited to:
··· Each signal lens l$ operatin.g and visible
, '.· Signal liming is operating as programmed
•· Controller and Cabiiwt are clean ;Jnd in good fepair
Communication to sigMI is connetted and operating
Vehicle detection is operating properlv
NI .luminaries attached to the signal are operating
• Any d!!fed$ found during inspections listed above at the~e intersections shall be
rt-medled within U!asonable Hmeftame per standard industry prac:tlce. Defects and
remediati(ln shall be documented and kept on frle at the Ctty and available for COOT upon
request. Any defects. not reme-died shall incur a prite reduction to the next month's
compensation of $340.00 p"'r signal
• The City shall perform an annual inspection, which shall include; th"' visual inspection of
'5igniJI cainons, bolts, bolt tightening, steel. welds, att(lchrnent hardware, back-up power
te'Sting and signal conflict monitor testing. Documentation on this inspection -;hall be
~ubmrtted to COOT by October 10111 of each year of this contract. Aflv deficiencies found
in bolt tightening <'tnd attachment hardware shall be corrected by the City immediately,
Stmctural defects requiring pole or mast arm replacement shall be the responsi bility of
COOT. Any deficiencies of this nature shall be documented and brought to the attention
of the COOT pr.oje-c.t rnanagtM" for tone;:tlon by COOT . Other minor structural defec~ !'.halt
bl! the rn~ponslbility of the City.
Exhibit A · Page 1 of 2
•
•
•
•
•
•
TRAFFIC SIGNALS MAINTAINED BY THE CITY OF ENGLEWOOD
1. SH 285 and Inca St .
2. SH 285 and Galapago St.
3. SH 285 and E1atl St.
4 . SH 285 and Chctokee St.
5. SJ.l 285 and Broadway (notth)
6. SH 285 and B1oadwav (South)
7. SH 285 and Sherman St .
8. Stl 285 and Logan St
9 . SH 285 and Oarkson St«
10, SH 285 and Oownin.g, St.
11. SH 285 and Gilpin St
12 . SH 88 (Belleview} and Clarkson St.
l3. SH 88 (Belleview} and Logan St.
14. SH 88 (Betleview>.lnd Btoadwav
15. SH 88 (Belleview) and Pirates Cove ( 1250 W.)
Exhibit A , l'age 2 of 2
Local Agency
Ordinance
or
Resolution
Exhibit B -Page I of I
•
•
•
•
•
•
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 ,2 00.00
$306 ,000.00
SAMPLE IGA OPTION LETTER
Highway or Traffic Maintenance
(This option has been created by the Office of the State Controller for COOT use only)
I Date: ,,u,,: ... I State Fiscal Year: : ,,,., ') I Option Letter No. !;1
Vendor name:
1) SUBJECT:
Change in the amount of goods within current term .
2) REQUIRED PROVISIONS:
In accordance with Section 17 of contract routing number i~$~,tf;;f?X:i:~9~Q,9X,;C,:9.~.~,;8.;•[.p.~f)r19 :.ti;. between
the State of Colorado, Department of Transportation , and i r):s~l:1,~l.¢.ta1t 'A.9'~11¢y)t\~h;i~ the state hereby
exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified
in Exhibit A.
The amount of the current Fiscal Year contract value (encumbrance) is l nctea~ed/,d~¢t.eas ~~ by '
of~b3,]g~ to satisfy services/goods ordered under the contract for the current fisc~.!_xear f,IJ§g~;>.,. ·· (
The Contract . Encumbrance Amount in Rec ital 1 is hereby modified to $~i"r\'9,tjhf ~:Qf;z'f(,, ,.,,, ", ..
en cQmbtali'€e , and Section 4, 8 , 1 shall also be modified to show the annual not to exceed amount to $i!l'ffi'i'ofrnt:W61f:'!fievi~a'n nft '""·'mbran'6e and the Con tract (five-year term) not to exceed amount shall be
modi ti'ed to $~:1ttaUfit'l~l ... ; .... ~\&~fly~Gy~~f:;m~*i.mpffi.
The total contract value to include all previous amendments, option letters, etc . is $frtS:~'f,t
~~c'tlfflt{l~~!¥cittc>,t~rf~ff.9'!'.lifi b f.aflq~~affi·9uh~.
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 Ja ros, CPA, MBA, JD
Date : _____________ ~
Exh ibit D-Page 1 of 1
•
•
•
. '
•
•
•
ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing#:
Orig. IGA: PO:
1) Encumberfiscal year funding in the contract
2) PROVISIONS: . In accordance with Section 4 and Exhibit C of the original Contract routing
~~ffi~!:[,~fJ~,l~~~~"~~:'# b~tween the State of ~-~.!~rado, Department ~f.IL~nsportation, and
c.~i;lt~ac,(jt;;s/~aro~. covering the term July 1, ~~~r 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 $~m~O'fiit9f:'P.fi~n9'.~. The Total
contract (encumbrance) amount, including all pr01ious amendments, option letters, etc. is
$J}!$.lff:t lN~W.:$'Arn~.
3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State
Controller.
By:
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Transportation
Joshua Laipply, P.E., Chief Engineer
(For) Shailen P. Bhatt, Executive Director
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
Exhibit E -Page 1 of 1
•
•
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement with
May 16 , 2016 9bii Cherry Hills Village for Clarkson
Cape Seal from Highway 285 to
Belleview Avenue-2nd ReadinQ
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, on second reading, 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
•
•
•
•
•
•
ORDINANCE NO.
SERIES OF 2016
COUNCIL BILL NO. 20
INTRODUCED BY COUNCIL
MEMBER GILLIT
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 illGHW A Y 285 TO
BELLEVIEW AVENUE.
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 Avenue 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.
1
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 .
Read by title and passed on final reading on the 16th day of May, 2016 .
Published by title in the City 's official newspaper as Ordinance No. _, Series of 2016, on
the 19th day of May, 2016.
Published by title on the City's official website beginning on the 18th 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 the Ordinance passed on final reading and published by
title as Ordinance No ._, Series of 2016.
Loucrishia A . Ellis
2
•
•
•
•
•
•
INTER GOVERNMENT AL AGREEMENT
REGARDING SOUTH CLARKSON STREET PAVEMENT REHABILITATION
THIS INTER GOVERNMENT AL AGREEMENT is made and entered into this
day of 2016, by and between the CITY OF CHERRY ffiLLS 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
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
Page I of 7
E x
H
I
B
I
T
A
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 commwlicated 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 commwlicate directly through the CHV Project Manager to address
Page 2 of7
•
•
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 .
Page 3of7
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 Agreeinent
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 CIN or
ENGLEWOOD to execute this Agreement on behalf of CHV or ENGLEWOOD and to validly
Page 4 of7
•
•
•
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. GOVERNMENTAL 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]
Page 5 of7
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
Page 6of7
•
•
•
. . / •, ' )"
•
•
•
ATTACHMENT A
Road Project Costs (South Clarkson Street)
.•
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
Page 7of7
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
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
9biii Kent Place Right-of-Way and
May 16, 2016 Easement Dedications-2nd Reading
Initiated By: Staff Source:
Public Works Department Larrv Nimmo, RiQht of Way Services ManaQer
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 , on second reading , 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
•
Exhibit showing general location of dedications
Ordinance with Right-of-Way and Easement Documents
•
•
•
ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 18
INTRODUCED BY COUNCIL
MEMBER GILLIT
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.
1
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 .
Read by title and passed on final reading on the 16th day of May, 2016.
Published by title in the City 's official newspaper as Ordinance No._, Series of 2016, on
the 19th day of May, 2016 .
Published by title on the City's official website beginning on the 18th 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 the Ordinance passed on final reading and published by
title as Ordinance No ._, Series of 2016.
Loucrishia A. Ellis
2
•
•
•
•
•
•
DEDICATION OF EASEMENT
TIITS DEDICATION OF A TRANSPORTATION/UTILITY EASEMENT ALONG THE
3300 and 3400 Blocks of South University Boulevard to capture the existing sidewalk, traffic
equipment, sign.age, utilities and other incidentals built along South University Bo~evard, 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 ofreal
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, sign.age, 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 inconsideration 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, sign.age, utilities, and other incidentals built along South University
Boulevard described in Exhibit A attached hereto, "TIIB 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.
A
T
T
A
c
H
M
E
N
T
1
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 _C!._o_f o~r_o..d_o ___ )
COUNTY OF
A-n ) SS. __ o.p_,_......~_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 J "~ay of ~a fl ua l'd-
2016 by w: ";a. "" ::J • "\;)a r"t\rA-.~ as VP , 12-4.~; ol\().J off, 'L< r of
KENT PLACE REGENCY, LLC.
~~
Notary PublifJ-
•
•
•
. \
•
•
•
ATTEST:
Loucrishia A Ellis, City Clerk
-3-
GRANTEE:
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Joe Jefferson, Mayor
·Joh No. . 10061
~:c!JiS •. -~ SOU'!BBAS\l CO!W!:tt "'' SUD -~:tOlf 31, macil
TKll SOO':B (2UM-COIUflla· ~o• BUN· se•• 50 1 5:&.'1,r, -"'· b%S1'JW'Cl ow 2644.24 ,_", ~c:• 1f00.'1.2' 3!5''1f; ALONta !l!D JIU~ :am or 'l!a·
s~. QO'AR~ °'. 4UJ). uc:.n<>H ~5; .A P:CSDNCB oJ. 90.01 . .,.,,
~e:a · sat•so"!i1''W, A E>:CS'l'AifCJS o• 61.et $1 ·iro A 10:ari mt~
NoRH mca""'°.~ .. ..--r· ;r.~ 01 JIAS~ 8AM1'.DBl1 A~· -~--IO:i:N'I
Q., Bl~G; ~C'.lJ Ai.ODCJ TD HOaU 'l\IGBHf.•WA:C ~ ···
sat• '0' !1"'W,. A D:r:S!io~ 'o;r :i..1.~ .,. ~· M A JIO~ or mif .. ~
C~:1 'IBJINdl A:LONCI A CU.1\V:& .!'O 'J!Q ~-a1JiN(i · A .~ ,aif~
or. sa.•41 1 15"; .-.. lW>xus o., u.s18'$2, Ail Ale .~tn• o• .a1.01
J'J!Z'I, A c:ao• ~Cl .1'"25.Sf'-OO"B, A DX$~.of.. 39 •• :J · -~ 'J!O . A
POn.rl or !t'JW_,., -:~ NOQ''O' 35'"'' A n:rsu.ca w a12a~~4 na1;
'J:'P.Hdl )too•1t' 02"1r, A ~%RU~ °' $8, 95· J'Q'I} iJ:411lN~ . , . ·
se9•43rsa"W, A l>llTDCB or •~52 .. ,, ~ »00•001 00.9*, A
DtS'!»lCJJ .OW 30.0C) lrllB'i# ~ca 599•,C3t5·~ .. ·.-gi·~·or •. 38
l'Dl'I ~ 1'00 ... 1fil"02."11 1 A _DJ:SDMCJI Oi' :101,21 Jr.a,r1 'l~
Mo2•os 1 iZ1"'•, A 1>%Si£'a:tt• o• '1.08. ,..,, ~ sso•·oot.·QO,,.,; t.·
DJS~ b'l· 7,1.4 J'D~I.' npi~ Jt00-~00.1 00 1~,. A D:tS1r».tCl .9''1i.oo
m.f, Pll!fCI 990•00.100"1. A bis~ o• 1.51-...,.,, tW
· Mo2•09r2s1r•·;. A c:ta~c-.. o•· s1.21 n::il71 ~ ~•t•!54! 56!'11.,. A
o:tstAlfdl· ol' 24. 22 rillf1 7DHCB Hoo•oo 1 OO"ll, .Ai .ax.-a. 01 '" '1S
Ji'af) ~ H.90•C)()1 00"•, A J>lSUltdJS 01' 10.!Jl .,, ~(:jl
uoo• 04 1 oo:"a., -1' :.t>tsSNcm o'I a. 34 •~1 it~ sso•oo; oo"w, A
DISDJ.ft:a 01' 14,o~ ra,, DllRc& N02'0fi2f''I; A: Dl:$'!ANC8 o• 8 .• 21
d:ft'·I 'l'DHC:S •02•o•!Soni1, A l)IS'!AHCll 01' 181.J4 i'd'IJ naca.
no9•30 1 01 1111, A l':Es~uca. o• 31~ sa l'iDll~; ir~ soq•12,3s"•·, A..
DIST.IRcli 01' ~·. 01 nDl'l I JBllHCl soa• 04; 50"1'1 A EIXS'l'»tCJI (J' ~U • 84
l'Dfl 'nlllfCll S02'l6' 28''W, A O:t$~MOJI ~ ~08. 81 ::rD'!I '1l0Cll
soo•1a 1 02'*l!, A nxa~ca o• 19t-.2.t nair, 'PJDtc::& soo•3or 35"11, A
DtS'.L'ARCI Of i.z2 • 23 l'D1 ,0 A Ji»Olm or ®KVJS1
•
r •
•
•
•
•
•t 'iotl Land Consultants · -V~ +•-.+tw ••s•re ,
480 Yuma Str••t • Q;nv•t, Oolor1do Soia4
Off: (303) 4SS .. 9!3tl ' Fax: (Sr13) 4;Jf·9.~3$
T!Q!lHCa At.ONG A cuava ~o -'ttXG~ Hl.VXHIJ A ~ M'GZ o~
42•39r93", A lW>XU• ow 52-.11 RBT', Alf .Mc: ~U .O•· 3t .. b• ,..t,
& C!l¢P ~%89-N20 ·•·4t1 2ana, l\ DXST»IQI Of 38.1• J'd,-~~.ICM
ow ea N<>an :su:e.-~-•y ... ~ OJ'·.,, IWG'PJQI AV!llnm aa:mt '1iil
l'Oln (1' UGXNHING. COa'!lUNX.lfG .• , U.2. SQ'DUI· :ta'I o• 0 .1s2 ACDI
MOU oa usa.·
"."·.. · .. :,·
'1• •
. :.. '· · ..
•.• • N •
· ... -.. . .
., lign Land consult~ta -V.: 11w-rw ••• , · · •
480 Yumo Stf'Ht . • ""'"t. . Cotorodo 80204
.011: (JOJ) 4JB-~~"-.Ii : Fa#:· (J~}. .;f.JS-92.J~
Date p-os-ra
B /.... C·· C K 9:
HAMPD!?N HIL.L$
0 ~-C "' "" D . El ·. I -J:4 ..:;!"..--"-·~ ~ --. b__
CAST HAMPDEN AVENUE PO a
I
~ ~ l
I
I
I
___ t!!NE:i S£11/4, S!'.4. J4 . _.., T4S __ BfGLN_NING . --..-
~-sa9·5o•s1 "W 261f.B,24' T5S
Job No. tMU
SE aor. $0t1. JS .
T4$. R68W. 6th P.M.
(Found J 1 /4 • Alumln~m
Cop l1t Rr:mg• &1'.
stamP.td Pl.:S 11 ""4
·Per Monument R•cord
Dated 8-29-2005) .
SHEE:t J OF J
•
•
•
•
•
•
DEDICATION OF RIGHT-OF-WAY ,/
A
T
T
A
c
H
M
E
KNOW ALL MEN BY TIIESE PRESENTS, that KENT PLACE REGENCY, LLC, Owner, N
whose address is 8480 East Orcllard Road, Suite 6900, Greenwood Village, CO 80111, of the T
property located at 3300 -3400 Blocks of South University Boulevard, Englewood, Colorado,
County of AraPahoe, State of Colorado, does hereby dedicate to the CTIY OF ~GLEWOOD, a 2
mUDicipal botporation duly organized and existing un.dcr .aD!iJ:iy. virtue.cl' the constitution of the -.. -. . .
State of Colorado, public right...of-way for street and other City purposes 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.
I.
SIGNED AND DELIVERED this an cl day of tJcM t'C\htr , 2015.
STATE OF COLORADO
COUN1YOF AIQ..fGhOt.
)
) SS.
)
KENT PLACE REGENCY, LLC
a Delaware limited liability company
By: Regency Centers, L.P. a Delaware
Limited partnership, its managing member
By: Regency Centers Cotp0rati.on, a Florida
eotporation, its general partner
By: __ N_. --,~~' '~....,..· a_in~ ...... ia,.....,,th,...,.-..--~--
_____ Vi .... •=ce .... · .... P_.,.re=s=i=de=n;..;.t ___ _.. Title ·
The foregoing instrument was ~knowledged before me this arid day of t'1 d\oltMb' r
____ _,, 2015, by W•ll 'Dame~ . as \JP, R.t~.·oat+.f Offi.V •
of KENT PLACE REGENCY, LLC. as owner.
My Commission expires: f 2./ O'\ I Jo I '-"
CARRIE J. MYERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084041189
MY COMMISSION EXPIRES 12109/2016
Notary Public
-~OU Land Consult$nts .
410 Yuma Stte•t • oitnver, Colpr~clo soao4
Off: (S03} 43S·9,33 • Fax: (303) 438·9235 ·.
Dat• · 11-oa-12 ...
JOBH G. VIGIL, PliS NO. 26606
SDBT 1 01' 2
.Jol:a Ho, 10061
! +
A •
•
•
. .:\lign ';_s:1_Co~~ants
480 Yuma Str .. t • Denver, Colorado B02CU
Off: (JOJ) 4J8-92JJ • rox: (JOJ) 4JS-92J~
• 11-08-12 ATTACHMENT 70 LEGAL D£SCRIPTION -NOT A SURVEY
N
TRACT A
Job No. 10os1
TRACT 8
•
SCALE: 1 "• 1 00'
LINE TABLE
LINE BEARING LENGTH
U SB • '-'1"W 12.84'
co.fii :S! : -~ I ~ i.;
~;:a .~
LOT 2
it ~~ ~ ~~ bf~ .I ,__ ____ .,_ ;. (0 ~ ~ §
Oh.. 3 •
.....
S 7/4 Cor, S.i:. J5
T4S, R68W, 6fh P.M.
L T I -~ ..,1~ Iii ~ I~ KENT PLACE ll!
FIRST FILING
AMENDMENT
Bl< 412, PG 2 7
REC. NO. D/016009
LOT 1
~J0'2J'5J.
R•J5.SO'
L•f8.8J'
CH=N 14' 41 '22•c
18.61'
£. Hampden Avenue
~
~ I ~ :
I
I
I
I
CONTAINS
0.119 AC.
~-___ .. ___ ~Bj"SO 'S1 "It, _ _L_ __ ...lli1·~:( _IlS_S .. __ _
S LINE:, S""ffl/4, SEC. J5 -.S-S-• SHEET20F2
-~gll Land cOnsultants -· 480 Yum• Streat .11 Denver, Colat1do 80204
Ofl: (303) 438·9233 • Fax: (303) 436·9235
Date 11-oa-12 Job No. 10061
LIGAI. DZSCIUJ'l'IOH -PARCBL A ·
A PARCBL OJ' LAND LOCADD Ill TU SOtmmAST QUARTO or SBC'l'ION 35'
TOWNSB:II' 4 SOU'l'll, RAHR 68 WBS'l o:r TBI SIX':& PJ\JHCIIAr. MIUW)IAH,
CI'l''I' or BHm.mt'OOD, C01:JN'l!! or UAPABOB, S'l'Anl o:r COLORADO' BllINQ
A i'Ol\TIOM OJ' LOT 1, KBN'1' 1'LACll l'IJlS'l' l'ILING, SBCOND AMZNDMJ!INT,
MOD PUTICULUL'I' DBSCRIBD J\S l'OL?.OWS:
COMNDICINQ A'I nm SOtrl'BBU'? comm:a. o:r SAID SBC'l'IOH 3!' WBBHCB
'l'Bll SOU'J!B QUARft:a. comma 'l'BDl!lOI' BBARS sag• 50' 51"1'' A DIS'l'ANCI
01' 2 6 .. ,. 2.. l'Dl!, 'l'DHCll NOO • 12' 35 ''W, ALOHQ 'l'BB DSIJ!' LINll or 'l'BI
SOtmlBAST QUARD:a. or SAID SICTIOH 35, A DIS'l'ARCB or 90.01 B'D'!;
'l'HBHCB sag• 50' 51"• I A DIS'l'ANCll OJ' 52. 84 l'llB'l' TO A POIN'! OH 'l'D
HOR'l'll RJ:GB'l'-Ol'•WAJ' LDm 01' BAST BAYl'DD AVBNtJJI BBIHQ TD POINT
01' BllGINHDTG; 'l!DNCB ALOHQ n:I HORTH RIGB'l'-01'-WAJ' LDUI
sa9•so 1 51"W, A DIS'l'.AHCJI 01' 9.00 DB'l' 'l'O A POI!ft' 01' HOH-'l'AHGBN'l
CtJRVll; 'l'DNCll ALONQ A CUllVI TO 'l'Bll LBft' BAV'mQ A CBH'1'RAr. ARGLB
01' 42.39'53"', A RADIUS 01' 52.48 J'D'!, All ARC LENeB 01' 39.06
J'BJIT, A CBOIUJ BBAR%HG N20.49'22"B, A DIS'l'ANCll or 31.16 l'BllT 'l'O A
POD'! o• HOH•'l'AHGD'J:; 'l'BBHCll soo•30 1 3S"•; A DISTARCI 01' 11.64
l'DIT 'l'O A PO?m 01' CtJllW; 'l'BBNCll ALOHQ A CUP.VII TO 'l'D RIGB'l'
BAVDfG A CBN'1'RAL uai.s ow 30• 23' 53", A RAD:tva or 35. 50 l'BB'l', AN
ARC LBHGTB o• 11.83 l'Dl'l', A CBOlm UAlUHQ S14.41'22"1r, A
DISTANCJI OI' 18. 61 DB!' 'l!O A l'OD1'1 OR nil HOR'l'B RJ:Qll'1'-0l'-11AY-LDUI
01' BA8'1' DMIDD Av.mnnl UnfQ ID POJ:'N'I o• BBGDIRDIQ. COftA.DfINQ
127 SQUARB 1'1:8'1' OR 0. 003 ACUS KOU o:a. LllSS.
JOSH G. VIGIL, PLS NO, 26606
SUB'! 1 o-, 2
•
•
•
•t 'bu L.llnd bonsu1tlll11s _v.....:; .•••.• -=-, ..
480 Yuma .St~•t ·.. • · 0tn~1r, · co1orado · so204
Off: (JOJ) 4JB-92JJ • Fa11: (JOJ) 4J6-9i.J!
•. tt-08-12
. . . . .
. ·. ATTACHMENT TO LEOAL DESCRIPTION -NOT A SURVEY N
SCALE: 1 •-20
LOT 1·
,.... ·1
..... I o4l., .._.__....,,,._-+-TRANSPORTATION
l.1J I & ACCE:SS fASrMENT
L (.I) •q•o ~ IJ ·•I!: I
t..> :;i: o ·C!l I . ·-... ...._9 -~ ·•:c ..J ..:~ C\I ~ I ....,
... J -LLI (!) (:) I
a.. LL. :~e a .. rs I • I ·i:c ~ d I
1-1-~ :::1: I
.. : .. t.1>-~ ·I
'4.,, ..... CQ 0
L1J ct: :~: 'c·!:J I ...... ..... • .. I
·ir.. IJ.. o I
o I
LLI I
tJ> . , I
I
I
I
I ,.
soo·Jo'JS"E § ~Ii
17.64 0 ~1 "'
.. (/) ~· b-J0'2J'5J" . . . ~ ..
R•J5.50' ~-~
Lm 18.83' .. . ~ 1 151
cH-s14·41'22"W "'1 ~
18.s1· I~
I
52.8.f. ------~~~~~~"lf------1'
PARC
127 SQ. FT.
O.OOJ AC.
I
I
I
~L
S 1/4 Cor, Sec, 35 EAST HAMPDEN AV£NLJ£ T~ R68W, 6th P.M.
(F'ound J 1/+• i'Jumlnum
Cap In Range BoN
Stamped PCS 2J'1 B
~Q ~Ii ~·
Per Monument Record
Doted B-29-200$)
I
+
s--_ .... _.§_LINE, SE11/4, .§E_C~ ______ T~~ _ ... _
589"50'51 "W 2646.24' TSS
•
Job No. 1oosr
E t/.f Car, Sec. JS
T4S, RSSW. Bth P.M.
(Found .J 1/4• Aluminum
Cap In Range Bo• ·
Stamped Pl.S f .208J
Per Monumint Record
Doted ta-ot-.1981)
S£ Cor, Sec. J~
T4S, R68W, 6th P.M.
(Found J 1/4• Aluminum
Cop In Range Ba•
stamped PLS 11.f.J.f.
Per Monument Record
Dated 8-29-2005)
SHEU 2 OF' 2
'
• COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
May 16, 2016 9ci 333 W. Hampden Ave. -
Vacation of Protective
Covenant
Initiated By: Staff Source:
Community Development Department Brook Bell, Planner II
PREVIOUS COUNCIL ACTION
At the May 2, 2016 study session, City Council discussed the vacation of the 1969
Protective Covenant and suggested that a resolution to vacate the covenant be
presented to Council for approval.
RECOMMENDED ACTION
Community Development recommends that City Council approve the attached
Resolution vacating the Protective Covenant at 333 W . Hampden Ave. that currently
encumbers the west 31 feet of the property adjacent to S . Elati St.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
Situs Enterprises L.L.C., the owner of 333 W. Hampden Ave., has requested that the
City of Englewood vacate a 1969 Protective Covenant (attached) encumbering the west
31 feet of their property adjacent to S. Elati St. in order to develop a new one story retail
building of approximately 4 , 765 square feet. The property at 333 W. Hampden Ave.
currently contains the Chase Bank tower and surrounding parking lots .
In 1969 the property was owned by First National Bank. The 1969 Protective Covenant
was granted to the City to restrict the location and height of any future bank drive-
through facility on the site . In 1969 Englewood City Hall was located just north of the
Protective Covenant area; at the time, there were concerns about preserving the view
shed towards City Hall from US 285.
In 1970 the First National Bank tower was constructed and a bank drive-through was
built on the property; the drive-through was located east of the Protective Covenant
area (see attached map and photograph). The bank drive through facility was
demolished and relocated to 3535 S. Elati St. in 1982 .
The 1969 Protective Covenant expires in 2019; however, the property owner Situs
Enterprises L.L.C. would like to construct the new retail building prior to that time . The
location of the new retail building will be over the Protective Covenant area . The
Englewood Public Works Department and Englewood Traffic Engineer have no
objection to the vacation of the Protective Covenant. The new building shown on the
attached conceptual elevation will be approximately 24 feet in height. The Protective
Covenant contains a provision that allows the City to repeal the Protective Covenant by
Resolution through City Council.
FINANCIAL IMPACT
Development of a new retail building will generate additional property tax, sales tax, and
building use tax revenue.
LIST OF ATTACHMENTS
Proposed Resolution
Covenant Vacation Request
Declaration of Protective Covenants
AL TA/ACSM Land Title Survey
1977 Plan of Property
Bank Drive-through Photo
Conceptual Elevations
•
•
•
,
•
•
•
MEMORANDUM
TO: Englewood City Council
Brook Bell
FROM: Clifford M. Weinberger
Hugo J. Weinberger
Managers -Situs Enterprises
DATE: November 30, 2015
RE: Vacotion of Easement -333 W. Hampden • PAD Project
We have been working for more than two years to develop a PAD on the West Side of our Chase
Tower located at 333 W. Hampden Ave. We have been through ORT several times and now
have a lease in place with our to-be anchor Tenant for the PAD, Mattress Firm .
Prior to building we need help from City Council to vacate a fifty-year Protective Covenant that
was put in place in 1969 (expires in early 2019) when First National Bank of Englewood built the
Chase Tower. We think the reasoning for the covenant was the continuation of the service alley
when the site was residential over 50 years ago. We reel the covenant included some additional
restrictions to make sure the old bank drive-through (which was originally located on the West
side of the property) was in a certain location and didn't exceed a certain height. We feel the
covenant no longer serves a purpose, public or private.
We request this covenant be vacated so we can move forward with building our PAD project
enabling us to add value to our property, generate additional rental Income. and provide the City
of Englewood with additional sales tax paying retail tenants.
Thank you for your time and consideration.
Sincerely.
Hugo Weinberger
S I T U S E N T E R P R I S E S, L. L. C.
3333 S. BANNOCK ST., SUITE 600, ENGLEWOOD, COLORADO 80110 • 303-789-3030• 303-789-JOSS
.• ,#, ..... • •. ~
. .
•
..
'
----~--<····-··~·~·---····----~ .. ---.
-~!.""__--/-MAR 10 196S
.,_ ;\234155-M"IO!'IU41Z.._..
IHI I S02 mE488
DECW!ATJllN OP f!OTiCTJVl! COV!NAffTS
!be wdenlgned, THE FU!ST NlllONAL llANlC OF ENGI.EWooD, a Natlcnal
Bellk, 'Che owziar of the follew1Dg duc:tlhed prvperty situate~ th• County of
Arapahoe, State of Colorado, to-Wit;
Commencln!J at the Southeast c:onier of tb• sw!-of tlie swi of SactlOll
34 1 'lawnat•., 4 South, R&Dve 68 W11t of the &th P.M.; thence Northerly
Blan; 'the !lat litl9 af Hid SW;\-of the BWi I dlstuce of II ,00 feet to
a pobt Oil th• North line of West Hampden Ave1111e, •• aatabllehed by
I>eed recotdacl on Januaiy 29, 1953, in Book 789 at Page 182, aa1d point
be1ag tbe tzue point of begiDnlui; thence on an &Agle ta the left of
99•.c9•03• and along said Nortb l1na a dlstanca of 313.33 feet to the
!ut line of South Elatl StreetJ 'theDCe on an angle to the '1ght of es•
&0 110• am llloag aaJd Zaat 11.ne ofBauth Elat1 &mat• cllstanca of
144 .14 hat, mere or less, to • Point 450 feet South of the North Une
of the sEt sw! swt of aald Hctlonf thence East ud ~el w11h aald
North line a distance of 313.29 feet to a pa1Dt en the Eut l1ue of •lid
swtoftbe swh thence on an angle to tbe rfgbtof 19•57•1o•am along
aa1d East line a d.lstance of 144 .88 feet to the bua point of~,
for a valuable c:ouideration, the nce!pt and su!flclency of which ts horeby
acknowledged,, does hereby Jmpoae upon aa!.d real p:operty th• fz:>llowi:lg con-
ditlona ead covenantt, In favor of The City of En9lewood, • Mumdpal
conionrtton of the State of Colonido: .
1. N:i ltrUctur. Is to be pennitted within the Wut H feat of the
aal.d above ducdbed land,
z. No stnlc:tw'a Jn exce11 of 18 feet in bll!ght above the Jr&de Uno
of tbe center l!u of Elatl Street adJacent to aald deambed land ia to
be pemllttlld vrithln the Eut 17 feat of the West 31 feet of the said
abow deacrtbed land.
the restrll:tive cownan•.s coatalned. hara!n shall contlnue far a psdod
of fifty yea:a fram the date hereof and 111all cazmitute covenants namWiiJ "1th
the land for the bueBt of Th• City of Englawoocl, a Muntclpal corporaUon.
~~ City of Ea;lewcod may at any tune repeal the covenants harelnabove can-
talned, m whole er !n part, by Raaolution of the Clty Council fa: tbe City of
EXCEPTIONNO. I (
. '·
,•
••
•
•
,
• +•• ... .
-~
..
•
... .. .
~~ ...
-J ~-. . ; .. ~\··~.-.... ... .. -~ ......... .
. .
) .
t . .
1111 ·, ao2 t.m4B9
IN 'WlTHESS w-·atEoP. The l'.t.rst Nattomil Bank of Ell9'lewoocl has caused
tbu• sir-sent. to Ila executed this 17th day of Februaiy, 19 69. by lta dsily
autlior:1zld cfflcers.
n.ca President Cr Cashier
nATE OF COLClllADO)
) ..
County o1 mpahoe )
of The Flrwt Natlo
. .
'
• ..;..... .. -------...:..;· •• c.·.:..·~ .....
•
•
•
----
, •
•
•
"' ..... ,... i __ ..,. ., ... dillu-a I ... f Ci .. l t'!S .. ., ..... .. .. 1, ~~1 ~ h t.__
,..---
I
I .
l
I
Ii I
a1 I 1~ !
I
-----
I
I
I -L--+Hf-"
............. ., i ... _ ... ................ -, ... ,,'1411 _., ... . ... Waf.::. ~ f)
_______________ j_ ______ ----~-=-=-=*=----
--·.......-_............_..____ . . ,
-----
•
•
•
,
'
• • • ·-· • "> -·-·-·-"'= "'~ ~"" ,,,.,,,~, l--l ~t....... ___ . _________ _
..,.d
~
~
'--·-·---r--·--·---·-•· ._--+--------------+-----Elf? OR ?TUCCO PANCL?
?TAii-LE?? ?TEEL-----._.
COLUMN ViRAP (TYPICl>J...)
~
~~========~~~~~~==] ===~mt!:=-. -------------~ ~ ·r;Jt;f-d
I::' GLAZING (TYPICl>J... l l
NORTH ELEVATION
~ FEOEX OFFtcE
AT THE BEACH
.QWiLT!"~
I
I
I
I
.I
1
'-~------------------------------,-/ CHIPOTLE .
MATTRESS FIRM :
SPRI NT
355 I SPARE
' ~
! 'Ii! 11·11 ·I ~j:, '·l l'f l'il !1 •• 1
l'll"1;1i(il!,l llli! .!!: l1iilUji1 •-,-·
i1
~I •-n-•
8
§
~~ oz __.w
5 mw
z"' LU~ ~< ~~ ~~
.,,~ ::ii .,, ..
(1;~
I
!
. I ~~~~~~~~~~~~~~~~~~~~~~~~~==========~·_M_·
I
L
WEST ELEVATION I ~TR£nNC -.. _~ ~ -~ :---, ..oo~~TlOM. -
114'•1.o'
..
I -·-·
FEDEX OFFICE
AT TH E BEACH
.:.:""1''---~-----~·"'='-"
1---------------------------_;_-r_C----j-----McTAL COPI~~ CT"T'P ICAL)
'.:·=-~-=-..=.=---.. -~
~
1'
cl
ll
"" ~ o'Od-0'
'CLE:AR' M-IODIZE.D
Vl l ~DO!tl Fl<AMc "=>'r'"=>TCM
SOUTH ELEVATION
~ ElRU?HCD ALUM l~UM VlALL PM-ICL':>
355
• I I d ~' ElRU':>HCD ALUM l~M VlALL PM-ICL':>
o-t-----+-----":>TAINLc':>':> ':>Te.CL COLUMN ViRAP (T"T'PICAL)
-==:t;::==i =====!lLACk ~RAN I TE CM" (T"!'PICAL) ii DARk ~RC'( ~RAN I TC BA':>c (T"T'PICAL)
l\.ocslU\I ,g,~
LO!tl 'C' ~LAZI~~ (T"T'PICAL)
1----------------'"'°"a.,...\lf-O'
ygo_"''°""'"r CHASE
• 'ill·~ CH IPOTl£'--11-t----------------------------------------------=--=--:::::::::::::::::::=:J
' ' ·MATTRESS FIRM
SPRINT
SPARE
~
~~l'l.t.11
~
-S-print --------~
~
l'\..OCll_!!!;'i ,..,_,,
~
I I ·-· ·u!
'··1 , ..
ill•
I'''
!1!!1
!Iii!
ll:i l •-.-·
i .
i 1 •-i:i -•
8
c:i
8
~~ gi5
~~
ifi~ ~< ~~ ~
=:: ~ \( .,.,~ ~ ~~ i .....
;;;~
( w ~~~~~~~~~~~~~~~~~~~~~~~~~==========~·-2:L·
EAST ELEVATION
v.-.,.oi I~,,..,"""',,_.,,...,,,,,.....,,....,,..,.., HH -,
""°mo.UoL.~TIOM.
~
• • • ..
•
•
•
RESOLUTION NO .
SERIES OF 2016
A RESOLUTION VACATING THE DECLARATION OF PROTECTIVE COVENANTS AT
333 WEST HAMPDEN AVENUE, IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, in February, 1969 the Owners of the property granted a "Declaration of
Protective Covenants" to the City of Englewood which:
Prohibits a structure in the West 14 feet of the described property.
Limits the height of any structure to 18 feet above grade line within the East 17 feet of
the West 31 feet of the described property.
Limits the location of a structure in that area; and
WHEREAS, this property was owned by First National Bank in 1969, when the Protective
Covenants was granted to the City and Recorded in Arapahoe County on March 10, 1969, Book
1802, Pages 488 and 489, to restrict the location and height of any future bank drive-through
facility on the site; and
WHEREAS, in 1970 the First National Bank tower was constructed and a bank drive-through
was built on the property; the drive-through was located east of the Protective Covenants area; the
bank drive through facility was demolished and relocated to 3535 South Elati Street in 1982; and
WHEREAS, the 1969 Protective Covenants expires in 2019; and
WHEREAS, Situs Enterprises, L.L.C., the owner of 333 West Hampden Avenue has requested
that the City of Englewood vacate the Protective Covenants that encumbers the West 31 feet of
the property adjacent to South Elati Street at 333 West Hampden Avenue so a new retail building
can be constructed over the 1969 Protective Covenants area; and
WHEREAS, the Englewood Public Works Department and the Englewood Traffic Engineer
have no objection to the vacation of the 1969 Protective Covenants.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes vacation
of the 1969 Declaration of Protective Covenants at 333 West Hampden Avenue, so a new retail
building can be constructed over the 1969 Protective Covenants area, as shown on Exhibit A.
ADOPTED AND APPROVED this 16th day of May, 2016.
ATTEST:
Joe Jefferson, Mayor
Loucrishia A. Ellis, City Clerk
1
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2016.
Loucrishia A. Ellis, City Clerk
2
•
•
•
wx.L-W-1"" <l
<I~ •
Sl1E OEVELOPMENT ME>:. 26.200 SF CllllBCUI CUlllCUT CUll81:Ut ~) \ .
W1>SCAPE ME>. SHOWN: 5.010 SF (1p}-(1JllWl1 --j_ f-taMl ---j_ f-(DRM1 --f~
tlC IWIP -i": ~ / 1
~Yi, _ ! . =M IP1~ r~ 20.0' @
20.0·
I :;
llCCX ·~ ~ ____ ...,.... __ ___ al-... ~ ! ---....--
F so.o· 24 .o' I ASPtWl f!llDC llNLY -&
I ~ nmxm<Y .S!fr.:'i5!i::!=lttl'
--"q % .._. ~ :&
ASPftAIJ
1Bll -... --_'in_ ---.'° ---...
~--~----------....... ..-•.. ._. .......... __________ ~------..... ~~-
t llOIMIEJfl' S1CM 't: lS-llllClf/Hlm
0 10 30 '°
FEET
GRAPHIC SCAL£ •
, .. , ......... ___ ...... ,,_
SCHEME A
4,866 S.F. •
-·"" a~
• • 11 111 ' I 1111 I ~ l·~il·11'''1' l!11' 111•• I i a 1111 ~sr;•: 1!!~1 15=1
1••11••-ll~ 11·1
~~~~~ !1!11 1111··~; 111i1 l~i1Gxiil1 u:;i _ .I.
,
•
•
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
11ci Servicenter Vehicle Wash Award
May 16 , 2016 Construction Contract
Initiated By: Staff Source:
Public Works Department Michael Hogan , Facilities and Operations ManaQer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed the proposed project at the February 3, 2014 Study Session.
Council approved a motion to award a design contract on April 7, 2014 .
Council approved the 2016 Multi-Year Capital Plan budget which included this construction project.
RECOMMENDED ACTION
Staff recommends Council award , by motion , a contract for the construction of "Servicenter Prewash
and Wash Facility Project" to W .O. Danielson Construction Company , Ltd . in the amount of
$288,600 .00 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City's Servicenter Facility requires upgrades to meet current environmental regulations.
Our facility 's proximity to the S. Platte River requires a diligent effort to keep contaminates from
entering the river or contaminating ground water.
We have been addressing many of the required items over the last few years including :
• The construction of an area to store hauled snow and clean the water before entering
the river .
• Designating areas to temporarily store street sweepings until hauled to a landfill.
• Labeling and storage of chemicals and cleaning supplies.
• Preparation of action plans to address spills , including gasoline.
• The enlargement of a concrete containment area for our magnesium chloride stockpile.
• Modifications to the area where we clean heavy equipment to reduce the potential of
contaminants entering the storm sewer system that runs directly to the river.
Additionally, we have been addressing "best management practices" related to our storage
and loading of sand, salt, and iceslicer.
Our vehicle washing stations require major upgrades to meet regulations. The existing outdoor
car wash is suitable only for passenger vehicles and does not have a roof over it per current
code requirements. The equipment is old, the piping inadequate , and the sand/oil interceptor is
not sized per current requirements. Our pre-wash area (to wash mud and debris from out
trucks , street sweepers, and other large equipment) is not adequate to assure that the washed
'
materials will not make their way to the river. This needs to be addressed to eliminate potential •
fines for environmental contamination of the Platte River.
Staff has looked at various alternates to address these deficiencies. Staff utilized the services
of a consultant familiar with current and proposed MS4 Stormwater Regulations to make
recommendations. The recommendations include constructing a new covered vehicle washing
station. Staff worked with an architect to develop plans and anticipated costs to construct an
addition to the Servicenter Garage that would house a new indoor heated vehicle car wash,
along with an outdoor pre-wash facility for muddy trucks and large equipment. This ideal
design was found to be cost prohibitive with an estimate of $850,000. Alternatively, staff
engaged the services of EST Engineering to design a simple outdoor wash and pre-wash
station that will meet all current codes and satisfy MS4 regulations. The solution included new
piping, new sand/oil interceptor, and a canopy over the existing car wash location, along with a
new pre-wash station located to the south of the car wash. See the attached sketch for
locations.
Pending Council approval of this motion , construction is expected to begin in mid to late May.
FINANCIAL IMPACT
Three bids were received and opened on April 12, 2016, as detailed in the attached Bid Tabulation .
The lowest qualified bid was submitted by W .O. Danielson Construction Company. Staff finds the
qualifications and experience of this construction company acceptable .
Detailed below are the costs associated with the construction of the project:
Construction 0fV.O Danielson)
Construction Contingency and Testing
Design and Construction Inspection (EST)
Total Estimated Construction Cost
$288,600 .00
29,400 .00
8,500.00
$326.500.00
$418,000 was appropriated in the 2016 Servicenter Fund for "New Car Wash and Lubrication System".
The Lubrication System has been completed at a cost of $69,202 .00 leaving $348,798 available for this
project. Future work , under separate contract, will replace the wash equipment including hot water
heater, wand , and soap dispensers . Adequate funding is available for the future work.
LIST OF ATTACHMENTS
Vicinity Sketch
Bid Tabulation
Contract
•
•
,
City of Englewood Bid Tabulation Sheet
Bid Opening Date: April 12, 2016 2:00 PM MDT I Apparent Low Bidder I
ITEM BID: ITB-16-004 Servicenter Prewash & Wash Facility Project
Bid Total After
Deductive Alternate
Receipt of (City Installed Water
Bid Bond Addendum Deductive Line and Fire
Vendor Y/N SOQ Y/N 1 Y/N Total Bid Alternate Hydrant Exceptions/Comments
Casey Construction, LLC
1400 Oneida St
Denver, CO 80220
720-427-1392
Denis Casey -General Manager y y y $314,556.00 $ (12,920.00) $ 301,636.00
JL Melton Construction, Inc.
6271 Beach St Unit C
Denver, CO 80221
303-428-8383
Jerry Melton -President y y y $296,540.00 $ (23,450.00) $ 273,090.00
W.O. Danielson Construction Co. LTD
2970 S Fox St
Englewood, CO 80110
303-788-1500
Tom Dillavou -President/CEO y y y $288,600.00 $ (17,500.00) $ 271,100.00
• • • ,.
,
•
•
•
CONTRACT # CFC/16-13
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 W.O. Danielson
Construction Co. LTD, whose address is 2970 S Fox Street, Englewood, Colorado,
80110, ("Contractor"), commencing on the day of , 2016 , 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 : Servicenter Prewash & Wash Facility $288.600 .00
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 Documents
or the Contract and all of said instruments, drawings, and documents taken
together as a whole constitute the Contract between the parties hereto and
they are as fully a part of this agreement as if they were set out verbatim and
in full:
Invitation to Bid
Contract (this instrument)
Insurance
Performance Payment Maintenance Bond
Technical Specifications
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 WO. Danielson Construction Co . LTD -Servicenter Prewash & Wash Facility
1
Drawings sheets 1-10
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 September 30, 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 AgreemenUContract: 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, at the 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 shall 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 .
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 WO. Dani elso n Construction Co. LTD -Servicenter Pre wash & Wash Facility
2
'
•
•
•
•
•
•
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 .
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 Two Hundred Eighty Eight Thousand Six Hundred Dollars
($288,600). 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, $288,600.00 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 Agreement/Contract
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 be ing 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 term ination .
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 allowed 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 City 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
1000 Englewood Parkway, Englewood , Co lorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 W.O . Danielso n Constr uction Co . LTD -Servicenter Prewash & Wash Facility
3
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. 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.
M. Contractors Guarantee: The Contractor shall guarantee that work and
associated incidentals shall remain in good order and repair for a period of~
(1) year 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 Words 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
1000 Englewood Parkway , Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov .org
CFC /16 -13 W.O. Danielson Construction Co. LTD -Servicenter Prewash & Wash Facility
4
•
•
•
•
•
•
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 illega l 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 .
IN WITNESS WHEREOF , the parties hereto have executed this Contract the day and
year first written above.
CITY OF ENGLEWOOD
(Department Director)
(City Manager)
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2300 www .englewoodgov.org
CFC/16-13 W.O . Danielson Construction Co. LT D -Servicenter Prewash & Wash Facility
5
By:---------------Date :---------
(Mayor)
City Clerk
W ,o, DA•~ tf;Wo..JW . ...J.lr W L-r:L>
Contractor (print company name)
By: ~~/;_,-----;;..---Date : :S, Z.. r LD { (,,,
=@r1rMA s P . .D; u..Ava u
(Print name and Title)
STATE OF c ,,/oR/iJ. 0 )
~ ) SS .
COUNTY OF ...JE-f,E eRsuJ )
On this 2 A.Jc! day 9f . , , 20J4_,, before me personally
appeared .-.--; , , /HI, oym to me to be the p R E S. t d (~ IJ ±
___ of n· ,:e ~c/V -RUC f 1d1J ,thecorporationthat
executed the within and foregoing instrument, and acknowledged the 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 W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written .
My commission expires : 0 1/ /01 bt51&' /1 ~-)t. ~ ~ ·fia
.--B-A-R-BA--RA~E~.~M~ULROY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144015263
MY COMMISSION EXPIRES 04108/2018
1000 Englewood Parkway , Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 W.O. Daniel son Constructio n Co . LTD -Servicenter Prewash & Wash Facility
6
•
•
•
•
•
•
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
W.O. Danielson Construction Company, Ltd. and The City of Englewood
executed a Contact dated May 16 , 2016 for the construction of "Servicenter
Pre-wash and Wash Facility Project" located at the City of Englewood
Servicenter, 2800 S. Platte River Drive East .
2 . NAMES OF PROJECT COORDINATORS
For W.O. Danielson
For the City of Englewood
Tim Dillavou
Vice President
Dave Henderson
Deputy Public Works Director
3 . SUMMARY OF PURPOSE FOR STATEMENT OF WORK
Construction of a Pre-wash and Wash Facility per Invitation to Bid 16-004.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
N/A
5 . OTHER CONTRACTOR RESOURCES
N/A
1000 Englewood Parkway , Englewood, Colo rado 80110 -2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 W.O . Dan ielson Constructio n Co. LT O -Service nter Prewash & Wash Facility
7
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Construction of project per plans and specifications prepared by EST as
included in the Invitation to Bid and as modified by Addendum 1.
7. SPECIAL TERMS, IF ANY
N/A
8. MODE OF PAYMENT
Payment by check or electronic transfer per conditions of Purchase Order.
9. PAYMENT SCHEDULE
Monthly payments. Invoices to be submitted by the 8th of the month for
mid-month payments or by the 22"d of the month of end of month
payments.
10 . SCHEDULE AND PERFORMANCE MILESTONES
Project to be complete by September 30, 2016.
11. ACCEPTANCE AND TESTING PROCEDURES
Acceptance of project per City of Englewood Building Division and
Contract requirements. Materials testing to be contracted separately by the
City of Englewood.
12. LOCATION OF WORK FACILITIES
Administrative work will be conducted by Consultant at its regular office
located in Englewood, Colorado. Contractor may stage construction
equipment and materials at the Servicenter.
IN WITNESS WHEREOF, pursuant and in accordance with the Contract 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)
Title : _____________ _
Date:
-----~~~~~~~~-
1000 Englewood Parkway , Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 WO. Danielson Construction Co. LTD -Servicenter Prewash & Wash Facility
8
•
•
•
.. ' '
•
•
•
Consultant Name
1000 Englewood Parkway , Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFC/16-13 WO. Danielson Construction Co. LTD-Servicenter Prewash & Wash Facility
9