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Home My WebLink About2016-06-06 (Regular) Meeting Agenda PacketIP-= EflQlewood 1000 Englewood Pkwy -Council Chambers Englewood, CO 8011 O 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Roll Call. 5. Consideration of Minutes of Previous Session. AGENDA Regular City Council Meeting Monday, June 6, 2016 •7:30 p.m. a. Minutes from the Regular City Council Meeting of May 16, 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. Christine McGroarty, Chair of the Budget Advisory Committee, will address Council regarding keeping current BAC members. b. Henny Lasley of SmartColorado.org will be present to provide information on recreational marijuana. c. Kathleen Bailey will address City Council regarding recreational marijuana. d. Elaine Hults, Englewood resident, will address Council regarding recreational marijuana. e. Doug Cohn, Englewood resident, will address Council regarding historic preservation. f. Patricia Ross, Englewood resident, will address Council regarding regulatory issues on 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 Please note: If you have a disability and need auxitiary aids or services. please notify the City of Englewood (303·762 -2405) at least 48 hours in advance of when services are needed. manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments. 9. 10. 11. a. b. c. a. Consent Agenda Items Approval of Ordinances on First Reading. Approval of Ordinances on Second Reading. Resolutions and Motions. Public Hearing Items. Ordinances, Resolutions and Motions. Approval of Ordinances on First Reading. i. Council Bill 21 -Staff recommends Council approve a bill for an ordinance making changes to the Englewood Municipal Code banning marijuana consumption clubs. Staff: Acting City Attorney Dugan Comer ii. Council Bill 22 -The City Manager's Office recommends Council approve a bill for an ordinance amending Title 6, Chapter 2, Section 5, Sub Section E of the Englewood Municipal Code, to reflect that non-permitted hours for construction work will be 7 p.m.-7 a.m. Staff: Assistant City Manager Murphy Robinson b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. The Parks, Recreation and Library Department recommends Council approve, by motion, the South Broadway medians landscaping project to Grandview Landscape-Irrigation Corporation for $74,347. Staff: Open Space Manager Dave Lee ii. The Utilities staff recommended approval, by motion, of the proposal for the Allen Water Filtration Plant Residuals removal and disposal to Secure On-Site Services USA, LLC in the amount of $230,550.00. The Englewood Water and Sewer Board, at their May 10, 2016 meeting, recommended Council approval. Staff: Utilities Director Tom Brennan 12. General Discussion. Please note: If you have a disability and need auxiliary aids or services. please notify the City of Englewood (303-762·2405 ) at least 4S hours in advance of when setvices are needed . 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, June 14, at 6:00 p.m. ii. Colorado Priorities' Proposals. iii. Colorado State Ballot Issues. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. Please note: If you have a disability and need auxitiary aids or services. p lease notify the City of Englewood (303-762 -2405) at least 48 hours in adv ance of when services are needed. • • • May 20, 2016 Christine McGroarty, Chair, Budget Advisory Committee 3775 South Grant Street Englewood, CO 80113 (303) 888-7118 cmcg216@gmail.com Eng_lewood dty Council 1000 Englewood Parkway Englewood, CO 80110 Dear Englewood Qty Council Members: I am writing as the chair of the Englewood Budget Advisory Committee (BAC) to request that Council consider making an exception to the new two committee policy and reappointing John Moore to the BAC . As you know, the City's budget i s complex. BAC members invest significant time and effort to understand the budget in order to make meaningful contributions through the committee. John Moore is extremely knowledgeable and brings a breadth of experience and wisdom. His creativity, insight and thoughtfulness has been a significant asset to the committee. Losing John's participation would be a substantial loss to the BAC and the City . Additionally, several months ago, Council made the decision to only extend the BAC through May of 2017. Given the truncated timeline, the Committee is concerned that loss of an experienced member would negatively impact our productivity in, what could be, our last year. Furthermore, due to the time necessary to educate a new member on the City's budget and the Committee's work, we believe it likely that a new member would just be coming up to speed at the time when the committee may sunset. We are concerned that this would not be an advantageous use of the new member's time . The SAC is engaged in important work that would greatly benefit from the continued participation of John Moore. In order to maximize the productivity of the committee, in what could be its last year, and respect the time and talents of any potential new member, the BAC is requesting an exception to the two committee policy in order to allow John Moore to continue to serve on the SAC for one more year. If Council determines that the BAC should continue past May 2017 , we believe that would be an optimal time for bringing on a new committee member. I and other BAC members would be pleased to discuss this request with you. Please contact me if there is any additional information we can provide or if you would like to further discuss this request. Sincerely, Christine McGroarty, Chair, Englewood Budget Advisory Committee • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT June 6 , 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. 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Please limit your presentation to three minutes PLEASE PRINT NAME ADDRESS TOPIC \ June 6, 2016 Englewood City Council Good Evening Mayor Jefferson, Council Members and City Manager Mr. Keck. I have two questions I would like to ask the council. Question # 1: Will the Recreational Marijuana business infringe on the Citizens Constitutional Rights when they are intimated by the Recreational Marijuana Customers and Users? Question# 2 Will the Recreational Marijuana business limit the flexibility of our local businesses in our community and infringe on their Constitutional Right? Meaning some folks may not want to shop next to a Marijuana Store and move on to a different location. I am opposed to Recreational Marijuana and I feel it will continue to change and erode our city on moral issues and change our children forever into believing everything is permissible to do and no harm will come to them. Many are saying, the marijuana is coming and we can't stop it, so let's take the money. So if your child was standing on a roof top and was going to jump because everyone else was doing it, would you say that it's okay, just jump? We are our own unique city and we don't want to be like every other city selling marijuana. We need to stand on our beliefs and our morals and not let others sway us with the sound of money changers. Thank You for your consideration. Ida May Nicholl .. Dear Council Continued, I would like to respond to the young man who supports the recreational marijuana business who called me out last Thursday at the Hamden Hall meeting; because of my age. I just want to share with him that I am very proud of these 80 years that I have accumulated and what comes with these 80 years. There have been times of many hardships to work through along the way. The point I want to make is; although coming from an extremely poor family without plumbing , running water in the home and our cooking was on an old wood and coal stove and the coal stove was also the source of heating our home, we had to make choices. Yes, we did have vices in those days that we could have turned to for comfort, joy, getting high or whatever. However, I did not and all my friends did not. We made the choice to stay clean and stick to our morals. I can say that our lives were full of fun, joy and the happiness of the time without taking all the junk into our brain and lungs. Maybe some of you just can't understand that, I don't know. In my old age I am still contributing to the city I love. I have lived in Englewood since 1954 and I started volunteering in 1960, for my City, my County and my State and I have continued volunteering until the present time. I just want to share with you that through these 80 years comes wisdom, grace and respect. If only you could live to this ripe old age, volunteer for your community and still be healthy, what joy it might bring you. If you would care to sit down with a cup of coffee and visit, I would join you. Thank You, June 6, 2016 Englewood City Council Good Evening Mayor Jefferson, Council Members and City Manager Mr. Keck. I have two questions I would like to ask the council. Question # 1: Will the Recreational Marijuana business infringe on the Citizens Constitutional Rights when they are intimated by the Recreational Marijuana Customers and Users? Question#2 Will the Recreational Marijuana business limit the flexibility of our local businesses in our community and infringe on their Constitutional Right? Meaning some folks may not want to shop next to a Marijuana Store and move on to a different location. I am opposed to Recreational Marijuana and I feel it will continue to change and erode our city on moral issues and change our children forever into believing everything is permissible to do and no harm will come to them. Many are saying, the marijuana is coming and we can't stop it, so let's take the money. So if your child was standing on a roof top and was going to jump because everyone else was doing it, would you say that it's okay, just jump? We are our own unique city and we don't want to be like every other city selling marijuana. We need to stand on our beliefs and our morals and not let others sway us with the sound of money changers. Thank You for your consideration. Ida May Nicholl ... Dear Council Continued, I would like to respond to the young man who supports the recreational marijuana business who called me out last Thursday at the Hamden Hall meeting; because of my age. I just want to share with him that I am very proud of these 80 years that I have accumulated and what comes with these 80 years. There have been times of many hardships to work through along the way. The point I want to make is; although coming from an extremely poor family without plumbing , running water in the home and our cooking was on an old wood and coal stove and the coal stove was also the source of heating our home, we had to make choices. Yes, we did have vices in those days that we could have turned to for comfort, joy, getting high or whatever. However, I did not and all my friends did not. We made the choice to stay clean and stick to our morals. I can say that our lives were full of fun, joy and the happiness of the time without taking all the junk into our brain and lungs. Maybe some of you just can't understand that, I don't know. In my old age I am still contributing to the city I love. I have lived in Englewood since 1954 and I started volunteering in 1960, for my City, my County and my State and I have continued volunteering until the present time. I just want to share with you that through these 80 years comes wisdom, grace and respect. If only you could live to this ripe old age, volunteer for your community and still be healthy, what joy it might bring you. If you would care to sit down with a cup of coffee and visit, I would join you. Thank You, ,. • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: June 6, 2016 11ai Bill for an Ordinance Banning Marijuana Consumption Clubs Initiated By: Staff Source: City Council Dugan Comer, Acting City Attorney PREVIOUS COUNCIL ACTION At the April 11, 2016 Study Session, City Council discussed and agreed to ban Marijuana Consumption Clubs in the City of Englewood. RECOMMENDED ACTION Staff recommends City Council approve a bill for an ordinance making changes to the Englewood Municipal Code banning Marijuana Consumption Clubs. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In April 2015 a Marijuana Consumption Club opened in the City of Englewood. These Clubs have opened in other Municipalities with the results being that they have been closed, are in the process of being closed, or are allowed with a Sunset/Amortization Provision. City Council at the April 2016 Study Session did discuss allowing such establishments but the consensus was to not allow these businesses with the City. FINANCIAL IMPACT This action will not have a financial impact. LIST OF ATTACHMENTS Bill for an Ordinance • • • ORDINANCE NO. SERlES OF 2016 BY AUTHORJTY COUNCIL BILL NO . 21 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6D, SECTION 12, SUBSECTION 2, PARAGRAPH B-DEFINITIONS AND PARAGRAPH C -PROHIBITIONS, BY THE ADDITION OF A NEW SUBPARAGRAPH 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PROHIBITING MARlJUANA CONSUMPTION CLUBS. WHEREAS, the City of Englewood ("City") is a home-rule municipality organized and existing under the provisions of Colorado Constitution Article XX; and WHEREAS, pursuant to the Constitution, and as further authorized by State statutes, including, but not limited to C.R.S. Section 31-15-401 , the City has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its residents; and WHEREAS, such police powers include the power to regulate the nature and type of businesses allowed within such community; and WHEREAS, the use, display, purchase, transport , and transfer of one ounce or less of Recreational Marijuana by a person 21 years of age or older was codified in Section 16 of Article 18 of the Colorado Constitution, and in 12-43.4-103 et. Seq . of the Colorado Revised Statutes . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the amending Title 7, Chapter 6D , Section 12, Subsection 2, Paragraph B , entitled Definitions, of the Englewood Municipal Code 2000 , by the addition of the following definition in alphabetical order to read as follows : 7-6D-12-2: Recreational Marijuana . B . D efinitions . M a rijuana Consumption Establishment: Shall mean an organization business. club. or commercial operation that allows its members or guests to bum. smoke. inhale the vapors of. or otherwise consume Marijuana in any form on the premises of the business . 1 Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the amending Title 7, Chapter 6D, Section 12, Subsection 2, Paragraph C. Prohibition, by the addition of a new Subparagraph 2 of the Englewood Municipal Code 2000, entitled to read as follows: 7-6D-12-2: Recreational Marijuana. C. Prohibition : 1. Recreational Marijuana Establishments are prohibited. a. This prohibition shall not apply to Medical Marijuana Centers, Medical Marijuana Primary Care-Givers, Medical Marijuana Infused Product Manufacturers, Medical Marijuana Optional Premises Cultivation Operations that are licensed in accordance with Article XVID, Section 14, of the Colorado Constitution, the Colorado Medical Marijuana Code, and Title 5-3D EMC. fr,. Marijuana Consumption Establishments as defined in 7-6D-12-2CB) are prohibited. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. 2 • • • • Section 8. Federal and state laws are binding upon home rule municipalities . However, neither this Article nor its adoption, implementation, or enforcement shall be construed as an intent of the City, its elected officials, its employees or contractors or Authority members to violate federal law, including but not limited to, the Controlled Substances Act of 1970, as amended, nor shall such adoption, implementation or enforcement be construed as acquiescence or conspiracy by the City, its elected officials, appointed Authority members, contractors, or its employees to violate such federal and state law. Introduced, read in full, and passed on first reading on the 6th day of June, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of June, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of June, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: • Loucrishia A. Ellis, City Clerk • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of June, 2016. Loucrishia A. Ellis 3 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: June 6, 2016 11aii Construction Hours Initiated By: Staff Source: Council Action Murphy Robinson , Assistant City Manager PREVIOUS COUNCIL ACTION Council requested that the Code Advisory Committee study the hours that commercial developers and residential developers are allowed to do construction around residential neighborhoods. RECOMMENDED ACTION City Staff through the Code Advisory Committee recommends that Council adopt a bill for an ordinance amending Title 6, Chapter 2, Section 5, Sub Section E of the Englewood Municipal Code. The changes would reflect non-permitted hours for construction work from 7 p.m. -7 a.m. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The council was asked to address construction hours, as the current hours caused disturbances in residential neighborhoods. The Code Advisory Committee heard from the public and made its recommendation reflecting what it believed to be best practices for the industry and Englewood residents . FINANCIAL IMPACT This change has no financial impact to the City LIST OF ATTACHMENTS Bill for an ordinance • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, SECTION 5, PARAGRAPH E, CONSTRUCTION WORK, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the City of Englewood ("City") is a Home Rule Municipality organized and existing under provisions of Colorado Constitution Article XX; and WHEREAS , increased residential construction has led to an increase in complaints that such activity is creating unnecessary noise between the hours of 6:00 A.M. to 9:00 P .M.; and WHEREAS, in order to provide greater times of quiet enjoyment in residential areas the Englewood City Council believes amending the current Code will positively impact the health, safety and welfare of Englewood citizens. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby amends Title 6, Chapter 2, Section 5, entitled Specific Prohibitions, Subsection E, of the Englewood Municipal Code 2000, to read as follows: 6-2: NOISE CONTROL. 6-2-5: Specific Prohibitions. The following acts are declared to cause unnecessary noises in violation of this Chapter; provided, however, that the following enumerations shall not be deemed to be exclusive: A. Horns and Signalling Devices. The sounding of any horn or signalling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place of the City except as a danger warning signal as provided in the Vehicle Code of the State of Colorado; the creation of, by means of any such signalling device, a sound in excess of 90 dB(A) at fifty feet ( 50') from the front of the vehicle; the sounding of any such signalling device for any unnecessary and unreasonable period of time, under the conditions then and there existing . 1 B. Radios, Television Sets, Phonographs and Similar Devices. It shall be unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to cause to be made or continued any unnecessary noise as heard without measurement or as heard and measured in the manner described in Section 6-2-8 of this Chapter. The operation of any such set, instrument, television, phonograph, machine or other device at any time in such a manner as to be plainly audible at either the property line or plainly audible through a party wall within a building or plainly audible at twenty five feet (25') from such device when operated within a vehicle parked on a public right-of-way, shall be prima facie evidence of a violation of this Section. C. Commercial Loudspeakers. Using or operating a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound vehicle for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first obtaining a permit therefor. D. Loading Operations. The loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects in such a manner as to cause a disturbance; the loading of any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling boxes, crates, equipment or other objects is conducted within a residential district or within three hundred feet (300') of any hotel or motel between the hours often o'clock (10:00) P .M. and seven o'clock (7:00) A.M. E . Construction Work. The operating, or causing to be used or operated any equipment used in construction activities in any residential or commercial district between the hours of Effie-seven o'clock(~ 7 :00) P.M. of one day and 5* seven o'clock(~ 7:00) A.M. of the following day. Construction projects shall be subject to the maximum permissible noise level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit. F . Machinery, Motors, Fans , Air Conditioners and Other Mechanical Equipment. Operating any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device within the City shall be subject to the maximum permissible sound pressure level for the district in which the source is located. G. Domestic Power Equipment. No person shall operate or permit to be operated on private property or on the public way within any residential or commercial district(s) any power equipment rated five horsepower or less and used for home or building repair or grounds maintenance between the hours of ten o'clock (10:00) P.M. of one day and seven o'clock (7 :00) A.M. of the next day or operate or permit to be operated between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. any such power equipment which emits a noise sound pressure level in excess of eighty (80) decibels in the A weighting network dB(A). Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws or any other power equipment used for home or building repair or grounds maintenance. Noise sound pressure levels shall be measured at a distance of twenty five feet (25') from the noise source. 2 • • • • H. Commercial Power Equipment. No person shall operate on any property within a residential or commercial district(s) or on any public way within a residential or commercial district(s) any power equipment rated more than five (5) horsepower, excluding construction equipment used for construction activities, such as but not limited to chain saws, pavement breakers, log chippers, riding tractors, powered hand tools, between the hours often o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of the next day or within residential, commercial or industrial noise districts between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. which emits a noise level in excess of eighty eight (88) decibels, in the A weighting network dB(A). Noise sound pressure levels shall be measured at a distance of twenty five feet (25') from the noise source. I. Vehicle Repairs and Testing. The repairing, building, rebuilding or testing of any truck, automobile, motorcycle or other motor vehicle within the City shall be subject to the maximum permissible sound pressure level for the district in which the source is located. J. Racing Events. Operating or permitting to be operated any motor vehicle racing event at any place in such a manner as to cause disturbance, without first obtaining a permit. K. Dynamic Braking Devices. No person shall operate any motor vehicle with a dynamic braking device engaged which is not properly muffled. L. Defect in Vehicle or Load. The operating, or causing or permitting to be operated or used, any truck, automobile, motorcycle or other motor vehicle so out of repair, or so located in such a manner as to cause disturbance. • M. Animals and Fowls. No person shall keep, have in his possession or harbor any animals • which, by frequent or habitual howling, barking, meowing, squawking or other noise, shall cause disturbance. The provision of this subsection shall apply to all private or public facilities, including any animal pounds, which hold or treat animals. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part ofthis Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, suchjudgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 3 Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of June, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of June, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of June, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of June, 2016 . Loucrishia A. Ellis 4 • • • ·' • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: June 6, 2016 South Broadway Medians 11ci Landscaping Project Initiated By: Staff Source: Parks , Recreation and Library Dave Lee, Open Space Manager PREVIOUS COUNCIL ACTION In 2008, City Council approved funding for the construction of landscaped medians on Broadway from Tufts Avenue to Grand Avenue . In 2014, City Council approved funds forthe replacement of landscaping on Broadway from Yale Avenue to Bates Avenue and Jefferson Avenue to Lehigh Avenue. RECOMMENDED ACTION Recommendation from the Parks, Recreation and Library Department to approve, by motion, the South Broadway Medians Landscaping Project to the low bidder, Grandview Landscape- Irrigation Corporation . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The work includes the removal of existing landscaping in four median planters and installation of new landscape plants, decorative mulch and topsoil while protecting the existing irrigation. The work includes traffic control while construction is taking place . The estimated time for completion of the project is July 29, 2016. FINANCIAL IMPACT Bids for the Parks Gateway Enhancements were received from four contractors on May 5, 2016 . Grandview Landscape-Irrigation Corporation is the low bidder for the project with a bid of $74 ,347 .00. Funding for the project is budgeted in the 2016 Public Improvement Fund. LIST OF ATTACHMENTS Invitation to Bid Bid Tabulation Sheet Grandview Bid Proposal Contract • ~D Eny OF lewood g AOM!NISTRJITIVC !iE RVICES INVITATION TO BID South Broadway Medians Landscaping Project REQUEST NO. ITB-16-006 DATE: April 12, 2016 The City of Englewood will receive sealed bids for supplying "South Broadway Medians Landscaping Project" as per spec ifications no later than Thursday, May 05, 2016 prevailing time, 2:00 P.M. MDT . Bids will be received at the Englewood Civic Center 3"' Floor Central Cashiering Attention : Procurement Division 1000 Englewood Parkway , Englewood, CO 80110 .. 2373. Bids will be publicly opened and read out loud at 2:00 P.M. in the Public Works Conference Room located on the 3"' floor of the Englewood Civic Center. Bidding firms are asked to mark envelope "SBM Landscaping Project" in lower left hand corner with the Bid #ITB-16-006 shown on the front of the envelope in which the bid is submitted . The City of Englewood assumes no responsibility for unmarked envelopes being considered for award. If City offices are closed due to inclement weather, an amendment will be issued with a new date , time and address of the bid opening . At time, date, and place above, bids will be publicly opened and read out loud . Late bids will not be accepted under any circumstance, and any bid so received shall be returned to the bidding firm unopened. In addition , telegraphic and/or bids sent by electronic devices are not acceptable and will be rejected upon receipt. Bidding firms will be expected to allow adequate time for delivery of their bid either by air freight , postal service, or other means. Bidding firms are invited to, but not required to attend the bid opening . •The City of Englewood has contracted with BidNet that utilizes a central bid notification system created for the City of Englewood. This system allows vendors to register online and receive notification of new bids, amendments and awards . If you do not have internet access , please call the BidNet support group at(BOO) 677-1997 extension#214 . Vendors with internet access should review the registration options at the following website: http://www.RockvMountainBidSystem.com The City of Englewood cannot guarantee accurate Information of plans and specifications obtained from sources other than the Rocky Mountain E-Purchasing System (RMEPS). Any questions or clarifications concerning this bid shall be submitted in writing by e-mail to astutz@enqlewoodgov.org at the City of Englewood , Procurement Division, 1000 Englewood Parkway, Englewood , CO 80110 . The bid title and number should be referenced on all correspondence . All questions must be received no later than 10:00 A.M. MDT Friday, Aprll 22, 2016. All responses to questions/clarifications will be listed on the Rocky Mountain E-Purchasing Site as listed above in the form of an addendum no later than 5:00 P.M. MDT , Tuesday, April 26 , 2016. The City will not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this invitation for bid . No oral interpretations shall be binding on the City. 100 0 Englewood Parkway, En glewood , Co lorado 80110 Phone (303)762-2412 ;. .I 1 All material submitted in connection with this bid becomes the property of the City of Englewood . Any and all bids received by the City shall become public record and shall be open to public inspection after the award of a contract, except to the extent the bidding entity designates trade secrets or other proprietary data to be confidential. The successful bidding entity agrees to comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein and agrees to secure all necessary licenses and pennits in connection with this invitation and any goods or services to be provided. Where bidding entities are required to enter City of Englewood property to deliver materials or perform work or services as a result of an award , the entity will assume the obligation and expense of obtaining all necessary licenses, permits and insurance. The bidding entity shall be required to have property, liability, and workers compensation insurance with minimum limits of $1,000,000.00 and to provide the City with copies of the certificate of insurance. The successful bidding entity will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and will comply with the Americans with Disabilities Act. By submission of the bid, the bidding firm certifies that the bid has been developed independently and submitted without coordination with any other bidding entity . The City of Englewood shall have the right to reject any or all bids, and to waive any infonnalities or irregularities therein and request new bids when required . In addition, the City reserves the right to accept the bid deemed most advantageous to the best interest of the City. Any award made in response to this Invitation to Bid will be made to that responsible bidding entity whose offer will technically be most advantageous to the City-price, delivery, estimated cost of transportation, and other factors considered. The option of selecting a partial or complete bid shall be at the discretion of the City of Englewood . 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 . BIDDERS MUST SUBMIT PROPOSALS ON THE ATTACHED BID PROPOSAL FORM AND INCLUDE ONE (1) COPY MARKED (COPY) Alicia Stutz. CPPB Procurement Specialist City of Englewood, CO 1000 Englewood Parkway , Englewo od , Colorado 80110 Phone (303)762-2412 .. ;\ .-.. :.. ~-;; -~ .. 2 • GENERAL INFORMATION ITB-16-006 • South Broadway Medians Landscaping Project • The City of Englewood's objective is to hire a qualified and competent Contractor to provide all labor, materials , tools and equipment and perform all work and services necessary for the removal and replacement of the existing landscaping in the medians located along South Broadway. Work includes the removal of existing landscape in two (2) medians located between Bates Avenue and Dartmouth Avenue, and removal of existing landscape in two (2) medians between Lehigh Avenue and Nassau Avenue on Broadway. There will be installation of new landscaping, decorative mulching , and topsoil in all medians while protecting existing irrigation. Project Schedule: a. Bid Package Available: Tuesday, April 12, 2016 b. Pre-Bid Meeting: Tuesday, April 19, 2016-2:00 P.M. 3ra Fl Civic Center PW Conference Room c . Questions Due: 10:00A.M. MDT Friday, April 22, 2016 d . Bids Due : 2:00 P.M. MDT Thursday, May 5, 2016 e . Project Completion Deadline: Friday, July 29 , 2016 Documents becoming contract documents are: a. The ITS b . The SQQ f . Plans g. Specifications The Contractor is responsible for obtaining all required permits prior to commencement of any work on the project. The Contractor shall be allowed to work between the hours of 8:30 A .M. to 3 :30 P.M. MDT. Monday through Friday. The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously authorized by the Engineer. Recommended Pre-Bid Meeting: There will be a pre-bid meeting on Tuesday, April 19, 2016 at 2:00 P.M. MDT in the Public Works Conference Room located on the 3111 floor of the Englewood Civic Center, 1000 Englewood Parkway, Englewood, Colorado 80110-2373. There is a 5% bid bond required for this project Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond, Certified Check or Cashier's Check made payable to the City of Eng lewood in an amount of not less than 5% of the bid amount. The awarded Contractor will be required to have ready and furnish a •performance, Payment and Maintenance Bond" in the amount of 100% (copy attached} executed by a surety company acceptable to the City of Englewood within 10 days of Notice of Award . 1000 Eng l ewo od Pa rkwa y , Engl ewood, Colorado 80110 Phone (303)762 -2412 '°' ·.;~-... ":"" ! : l ~ ~ ,:.-:,,_ J\I :· . , _ : .: ----· ------··-------- 3 .TB·l6 -006 ~outh Brvollwov Mullion• Ldll<l1caoina Prol•ct Sample Contract: a sample contract, which the City of Englewood intends to use with the successful contractor is attached to this ITB and identified as "Sample Contract". Exceptions to the contract should be identified and submitted with the contractor's proposal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements. • The Contractor will be required to have a City of Englewood License and pay fees based on the license type. All bids to Include 3'h% Sales and Use Tax, and a y,3 Arapahoe County Open Space Tax, on materials Incorporated into the project. Liquidated Damages: There are no liquidated damages assigned to this project. However, the Deadline for completion of the project Is Friday, July 29, 2016. Statement of Qualifications: Included in the bid documents is a Statement of Qualifications form that must be completed and submitted with bid proposals. Insurance -See "Insurance" document (attached) for required insurance which must be kept in effect during the performance of this work. Certificates must be provided to the City prior to undertaking any work. All work performed under this solicitation and attached drawings, will be performed in a manner that will protect the public and workers during the construction and comply with all applicable laws and regulations. The Contractor shall be solely, and completely responsible for the conditions at, and adjacent to, the job site, including safety of all persons and property, during the performance of the work. This requirement shall apply continuously and shall not be limited to normal working hours. The duty of the City to conduct construction review of the Contractor's performance and is not intended to include review of the adequacy of the Contractor's safety measures in, on, or near the construction site. The disposal of all waste material during the project shall be the responsibility of the Contractor. The contractor shall supply a dumpster or dump truck to haul away all trash and debris . The work site must be kept neat and orderly while the work is done. The Contractor shall not store debris on site nor use any dumpster except his own. No reimbursement will be made by the City of Englewood for any costs incurred prior to a formal "Notice to Proceed" or purchase order being issued. The Contractor shall commence work under the contract on or before the 1 Qlh day following the "Notice to Proceed" unless such time for beginning the work shall be changed by the City of Englewood's Project Manager for this Project in the "Notice to Proceed ." The successful bidder upon Notice of Award will execute the contract and furnish required insurance certificates to the City of Englewood. The Contractor shall be responsible for any sub-contractor brought in by the Contractor and insure all sub- contractors comply with all insurance & licensing requirements. All work shall be made in accordance with good commercial practice and shall be adhered to by the successful Contractor(s), except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the City of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303)762-2412 4 • • • • Should anyth ing be omitted from the Contract Documents which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the Contractor shall secure w r itten instructions from the Owner before proceed ing with the construction affected by such omissions or discrepancies. The Contractor shall furnish all materials, labor, equipment, and perform all operations required to complete the work in accordance with the intent of the Contract, Drawings and Specifications . A listing should be provided of all sub-contractors and additional qualification information should be provided as to the experience of the contractor who will perform the services for this project. Ident ify the contact pe rson and supervisory personnel who will work on the project. Resumes of each person should be provided w ith emphasis on their experience w ith similar work . 1000 Englewood Pa r kw a y, Englewo o d, Colo r a d o 801 1 0 Phone (303)762-2412 .. · .. ;.i:.;1.1 .. ":'~~1·: i ·_lo·.:-. i:.: ----· -~. -. --··--. ···---·------ 5 .ITB-16-C06 gouth Bcoadvov M•1an1 Lon11cooino Froiu;t • • • City of Englewood Bid Tabulation Sheet Bid Opening Date: May 5, 2016 2:00 PM MDT I Apparent Low ;Bidder I ITEM BID: ITB-16-006 South Broadway Medians Landscaping Project t(9Celpl or Bid Bond Addendum Traffic Exceptions/Comm Vendor Y/N SOQY/N 1 Y/N Landscaping Control Total Bid en ts Rlchdell Construction, Inc. 7001 Colorado Blvd Commerce City, CO 80022 303-252-0809 Scott Rlchdell -President y y y $ 105,677 .00 $ 10,000.00 $ 115,677.00 CTM, Inc. 2240 S Kalamath St Denver, CO 80226 303-975-9399 Chris Wiiiis -President y y y $ 80,276.37 $ 3,950.00 $ 84,226.37 Grandvi8W.1!8ndscape-lrrigation corp ~~ l ~if-"'t:':..'i; ,., 'Wl ••• ;,£• .. <.)'. I'.\'; •• •d.· B/ ..• ~. ~~ b:I::. ~,;···· ·~ L ,, ,' -·:~~"" ,,·,· .!' •• 1 f 14795.W ._44th 1Ave ~ ··:..-.. .«· ,,'~. · , .,, •-Ai-.»J ~~~. -. . .. -·1 :-. -_""'. , ... ~~ . "j ~--?~ .·5.:_,..M liE-;,_:,:;·.;. " Z' J I'.:;; :,~.· ... <c·' ... • . I' 1 ~ .. ,.,,.,,-~·;,,.._; . .,;.~-~ ., ~-..... '· .. '.·~ . ·-:..~ . -.....4 · .• Golden ;i·co ~80403 ~Kc<:i.z.:. .•. ; •. · ,, . t ·-·~ f'.t~r: ~:E·: . ~:: -~3 ---·--·;:.;¥! I ~:· .... :;•li• ; ;;,; I t~Z. '''-.'.'..'.:-'.•·•~ ,.. l d.:'--,; ' 303!27741795 Ext:;,12 1~~ ..::.. . .·\ . ',1r;'1 i i '·. ...;• Lc.c ... -. ~ .. "'· ,,,, I ' I , ,, ' ,,, ..... ~_,,_,;._ ~ -.:<.Y:.;.··--' • . -. ~' Brad ·R~er :~f>resldent ~:·· · ,,,.-:. -~a....,.:...,o: k--,y_, ;1 * \V · , ' •'Y I ..... , . ". ..µ--.J •.<$§!62,947.00 1 I sr 11 ;400.oo ,. ~$ 74,347.00 Colorado Deslgnscapes, Inc. 15440 E Fremont Dr Centennial, CO 80112 303-721-9003 Phlllp Steinhauer -President y y y $ 77,005.00 $ 15,800.00 $ 92,805.00 • •D EnY°Flewood gADMINISTRATIV E SERVICES ITB-1&-o06 South Broadway Medians Landscaping Project Bid Form South Broadway Medians Landscaping Traffic Control $ (e d • C\"i., - $ ll1 'ioo • TOTAL AMOUNT OF BID $ , Ll I !> "ll - • Receipt of Addenda Nos .... o..,no _____ ~------is hereby acknowledged. One such bid for the South Broadway Medians Landscaping Project TOTAL AMOUNT OF BID 'SRY e ...,°T'i 'Eoua "l:\\:oua. &=~'> :t""'it'-~ ~VNt>~R:.J> "'PouR:r'f 'Sli.\lG.1'\ "P<>u ~s + ~ C.e.t-l>s ($ =,&:1,aq-i • ) This Contract will be awarded to the lowest reliable and responsible bidder. This offer shall be open to acceptance and is Irrevocable for sixty (60) days from the bid closing date. The undersigned bidder hereby agrees to be ready and to appear at the office of the Department of Parks, Recreation & Library, to execute the attached form of Contract in conformity of this bid and also to have ready and furnish the required bond in the sum of the full amount of this proposal, executed by a surety company acceptable to the City of Englewood , at any time within ten (10) days from the date of a written notice from the Director of Parks, Recreation & Library to do so, mailed to the address hereinafter given. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303)762-2412 ~~w.e n ole wood oo v.or q 6 This Proposal is made without any connection with any other persons, firms, or corporations making any other bid for this same work and is in all respects fair and without collusion or fraud . The Undersigned Bidder acknowledges the right of the City to rejed any or all bids submitted and to waive informalities therein. c.~ l\fl.,~ I Dated at _______ this I] day of__._~""""-__,_ ___ _.. 2016 Signature of Bidder: If an individual: _______________ doing business as If a partnership: _____________________ _ By: __________________ member of firm Business address, name and phone number of Bidder: \Y.-if\5 w ~<..\.~ A\.L-e. (;,old+vt., Co [o'!e? Ce'-\? corporation The name and location of the last work of this kind herein contemplated upon which Bidder was engaged is as follow: For information relative hereto please refer to : Name X;>fyd BeedsL{ Title Pre;. w~ Address \ c..lJ5 5 tAJ tl4.\k JA.ve belcJcoo 1 ('4 $0 Y0=1 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303)762-2412 www.enalewood ~ov .or c 7 • • • • • • ~Eff 0 lewood ~--l 0 gADMINISTRATIVE SERVICES '<1 STATEMENT OF QUALIIFICATIONS ITB-16-006 Sonth Broadway Medians Landscaping Project Date Submitted: May 5, 2016 All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information. This information will be used in the evaluation of your bid. I. Name of Bidder Grandview Landscape-Irrigation Corp. 2. Permanent Main Office Address 14795 W 44lh Ave Golden, CO 80403 3. When organized? 1993 ---------------------------------------------------- 4. A. If a corporation, State incorporated in: Colorado B. Date of last filing with Secretary of State November 11, 2015 5. How many years have you been engaged in this type of construction? Under what firm or trade names and how long under each? How long has each company been bonding work? Twenty Three years as Grandview Landscape-Irrigation Corp. Bonding since 1993 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2412 www .englewoodgov.on; l 6. Major contracts on hand that parallel the proposed project (schedule these showing gross amount of each contract and the appropriate dates of completion) Commerce City Ball fields-$152,000 June 301h, 2016/Tollgate-$62,485 May 301\ 2016 ____________ _ 7. Are you licensed as municipal contractor or any other title? No 8. General type of work performed by you All Landscape and irrigation 9. Liquidated damages and/or disputes: List all government or agency projects in the last two (2) years where liquidated damages were or may be assessed, where substantial disputes or protests occurred or are currently occurring. Attach explanation in detail. N/A IO . Have you ever failed to complete any work awarded you by a government agency? No ----- If yes, where and why? _________________________ _ 11. Have you ever defaulted or been terminated on a contract with a government agency? No If yes, where and why? Was the contract bonded? _________________ _ 12. List your major equipment anticipated for this contract Skid Steer, Trencher, MT mini 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2412 www .englewoodgov.org 2 • • • • • • 13. Experience: On a separate sheet, list project name, location, date completed, bid value, final contract value, description of work completed, and contract name and phone number. Provide at least three project examples completed in the last five years. _Please See Attached 14. Do you anticipate subcontracting work under this contract? No If yes, what percent to total contract? ____ % and to whom?----------- 15. Background and experience of the principal members of your organization who will be involved in this project: Name Title Experience Please See Attached for list of Officers and Foremen 16. Are any lawsuits pending against you, your finn, or the officers of the finn at this time? No If yes, detail:----------------------------- 17. Have any charges been filed against you or your finn or the bidding entity with the office of contract compliance, the Equal Opportunity Commission, a state government with the enforcement of anti-discrimination legislation or regulations? If yes, give details: No 18. Is your company currently insured? Yes ________ If yes, with what company? _Hartford 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2412 www .englewoodgov.org 3 What are the limits of your public liability? 2,000,000/2,000,000 __________________ _ 19. What are your company's bond limitations and with what bonding companies? 350,000 Nationwide ------ 20. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City? Yes 21. The undersigned hereby authorizes and requests any person, fonn or corporation to furnish any information requested by the City in verification of the recitals comprising this statement of bidder's qualifications . Date at Grandview Landscape-Irrigation Corp. -------------------' this_sth Date of May ____________ , 2016 By:Z>L&/ Brad Reeder Printed N11me Title: President 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2412 ~ .im.ID.ewood.fil>.Y.~Qr,g • • 4 • • • • 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2412 WWW .englewoodgov.org 5 14795 West 44th Avenue ~ Golden, Colorado· 80403 May 5. 2016 RE: References Grandview Landscape -Irrigation Corp. is on S-Corporation that was established in 1993. Based out of Golden, CO our company has been operating throughout the Denver Metro and surrounding areas since 1993. Our company's specialty is commercial and residential landscape nod irrigation construction. We perfonn all irrigation, planting. soil pn:pnration, grading, mulching. timber walls, nnd rock retaining wall and associated landscape work in house . Key project penonnel are as follows: Supervisor/ President-Brad Reeder Project Manager/ Vice President· Steve Anderson Foreman-David Martinez Foreman-Francisco Porras-Leon Foreman· Salvador Morales 28 years in the landscape industry 30 years in lhe landscape industry 23 years in the IDlldscape industry 20 year.; in lhe landscape industry 25 year.; in lhc landscape industry Each forem1111 hos extended knowledge in both landscope and irrigation. Becouse of this they are oble to complete any project from start to finish eliminating any delays with un-necessary in and our. This also allows the foreman end the customer/ owner to develop a working relationship throughout the project Each foreman hos a crew size ofJ-4 labors under them depending on the size of each project with at least one of the crew-members having 5+ years of experience in the industry themselves. Suppliers: Arbor Valley Nwsery Gardner Turf Front Range Mllleriol Din:ct Landscape Supply DBC Irrigation Supply Matt Edmundson Tom Welch Craig Bruinga Knlhy Stark Gary Patterson 303-654-1682 303-252-1900 303-425-9992 303 781-2270 303 295-1777 Over the past 20 years our company has worked on several design-build projects. Working with the customer/ owner closely throughout the entire project our gonl is to not only to provide the customer with what they want but. an end result of qunlity and efficiency that will Inst many years. Most of the design build process is done in house, however, if there was ever a need for an outside consultant we have developed many relationships with certified professionals in the industry that are able to help out. References: City of Commerce City· Tony Jaramillo 303-94+91 J2 Monaco Parlc Irrigation Improvements Quebec St Irrigation Improvements Derby sm:et Intersections Chwnbers Medians White Construction Group Fairfax Park (Commerce City) Ayuda Construction Management Company Pecos Parle South Suburban Parks and Rec· Dave Brueggeman 303-994-9060 2014 Irrigation Replacement Project Several Park lrrigulion Replacements 1998-2008 Dekoevcnd Park Playground Family SpoTIS Cenlcr $209,408 SI05,898 S31,JI5 $81,787 SS77,I 16 $203,221 $283,105 Sl5,000-SI05,000 $87,120 $5,901 • • • • • • City ind County of Broomfield-Kathyrn Bergn 303464-5802 2013 City wide Irrigation Improvements 20 IS City Wi<k Shrub Pl wiling City of Golden-Dave High JOJ..384.8141 Various Tn:e Plwitings throughout City Clear Cn.'Clc Corridor City ofBoulder Parks John Cogdill Various Irrigation Replacements in Porks Throughout City Various Landscape Improvements Throughout City Elk's Park Prospect Pll'ks and Rec-Michie! Hanson 303-424-2346 Arapahoe Parle Irrigation Improvements Fainnount Parle lrriglllion Improvements Cheyenne Light Fuel & Power/ Block Hills Power-Russ Penning 605-721-2757 Cheyenne Prairie Generating Scation Saunden Construction-Dennis Disney 303-699-6000 V alor Christian School Green Valley Ranch K-8 Ascent Development-Jesse McDowell 303-506-4912 ROW Landscapc@Crown Point (required traffic oontrol) G.H. Phipps Slavens Elementmy K-8 Addition Slavens Elcrnentmy K-8 Phase 2 Addition Goodbind Construction-Jim P1komy 303 278-8100 Fletcher Park Swanson Elcmcntmy Mountain Gnlc Dukota Ridge Park Ridge Gille Stn:ctscnpe SI 19,789 s 44.500 SS,000-Sto,000 $32.000 SS,OOO.S4 S,000 SS,000.$22,000 $92,483 $48,238 S4S,S3S $214,877 S6SS,000 $118,227 $157,250 S47,2SS $123,645 Thank )'OU for oonsidering our compony for this ond any future landscaping projects. I look forward to hearing from you. If you would like more references or ony funher information on our company, please call. Sincerely, Brad Reeder President Phone:303-277-0795 I I V Fax: 303-277-0794 "V' www.grandvlewlandscape.com 2 iftErlQl~~QQ9 ·t--~~~~~~~~~~~~ CONTRACT # CFC/16-21 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 Grandview Landscape-Irrigation Corporation, whose address is 14795 West 44th Avenue, Golden, CO 80403, ("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: South Broadway Medians Landscaping Project WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Parks , Recreation & Library 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 M'iEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor Wthe 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 •~~~~~~~~~~~~-1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 1 C FC/16-21 Grandview Landscape-Irrigation Corp. South Broadway Medians Landscaping Project ITB -1 6-006 $74,347 .00 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 Parks, Recreation & Library. D . Indemnification : The city cannot and by this Agreement/Contract 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 harm less the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination , at least thirty (30) days before the effective date of such termination . In that event all finished or unfinished service , reports, material (s) prepared or furnished by the Contractor after the award shall, 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 . 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 Seventy • 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 CFC/16-21 Grandview Landscape-Irrigation Corp . South Broadway Medians La ndscaping Project ITB-16-006 $74,347 .00 • • Four Thousand. Three Hundred and Forty Seven Dollars ($7 4.34 7 . 00). 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, $74.347.00 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 AgreemenUContract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted , and otherwise made available in accordance with the rules , regulations , and resolutions of the City and applicable law. Upon the failure to appropriate such funds , this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination . I. Liquidated Damages : The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents , plus any extensions thereof 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 $0.00 for each day that expires after the time specified for substantial completion until the Work is complete, and $0.00 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 he irs, executors, administrators , assigns, and successors . L. State Statute: If th is 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. •~~~~~~~~~~~~ 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 3 C FC/16-21 Grandview Landscape-Irrigation Corp. South Broadway Medians Landscaping Project ITB-16-006 $74,347.00 M. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (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 Works • whose decision upon the matter shall be final and obligatory upon the Contractor. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C .R.S. 8-17.5-101 (3 .3) and 8-17 .5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Tenninate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall : (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien . (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17 .5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of this paragraph or provisions required pursuant to C .R.S . 8-17 .5-102 . Contractor shall be liable for actual and consequential damages to the City in addition to 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFC/16-21 Grand view l andscape-I rri gat ion Co rp. Sou th Bro adway Median s landsca ping Project ITB-16-006 $74 .347.00 4 • • any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph . • WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. CITY OF ENGLEWOOD (Director) Dorothy Hargrove (City Manager) Eric Keck • By:---------------Date:--------- (Mayor) Joe Jefferson City Clerk Loucrishia A. Ellis Grcu\ClV te.w lcxn.d:S~ ~":l:-r-v--\.(f.._-\-le ->"' cc .-f Contractor (print company name) By DA/?z/f Date 5/t=z/I~ ~at~e) r :Q ~w1af Yes Lc)e.M J (Print name and Title) •~~~~~~~~~~~~ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 CFC/16-21 Grandview Landscape-Irrigation Corp . South Broadway Medians Landscaping Project ITB-16-006 $74,347 _00 STATE OF to\oraa 0 ) ) SS. COUNTY OF Jeffenon On this rl +_b. day of tvh.~ , 2016, before me personally appeared &ad \e.'I ~eder , known to me to be the Pres;den± of Gro.rdv\e\.U I OMS CU~ -Jd:n'~iO" Co~e corporation that 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My commission expires: Jeb l.'3 12020 NOTARY 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFC/16-21 Grandview Landscape-Irrigation Corp. South Broadway Medians Landscaping Project ITB-16-006 $74,347 .00 KARA L CATBAGAN NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20164007118 MY COMMISSION EXPIRES FEBRUARY 23. 2020 • • • 6 SCHEDULE A OUTLINE OF STATEMENT OF WORK • 1. GENERAL See attached signed contract for terms and conditions. 2. NAMES OF PROJECT COORDINATORS Dave Lee, City of Englewood Open Space Manager Brad Reeder, Supervisor/President of Grandview Landscape-Irrigation Corp. Steve Anderson , Project ManagerNice President-Grandview Landscape David Martinez, Foreman -Grandview Landscape 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK See attached scope of work ITB -16-006 • EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Not Applicable 5. OTHER RESOURCES Not Applicable 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES See attached scope of work ITB-16-006 7. SPECIAL TERMS, IF ANY Not Applicable 8. MODE OF PAYMENT Purchase Order -Percentage completed monthly 9 . PAYMENT SCHEDULE City will pay vendor for the services in accordance with the following payment schedule . All payments to vendor are contingent on vendor's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to vendor that the Deliverables-Milestones have been satisfied . •--~~~~~~~~~~~-1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 C FC/16-21 Grandview Landscape-Irrigation Corp . South Broadway Medians Landscaping Project ITB-16--006 $74,347 .00 10. SCHEDULE AND PERFORMANCE MILESTONES Start Date: June 20, 2016 Completion Date : July 29, 2016 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Site1: South Broadway, Dartmouth Avenue to Bates Avenue Site 2: South Broadway, Nassau Avenue to Lehigh Avenue IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between the parties hereto dated , 2016, the parties have executed this Statement of Work as of this ---day of , 2016. CITY OF ENGLEWOOD, COLORADO (Signature) (Print Name) (Print Name) Title: ~V_r_.e_S~LC~).'~4-1= _____ _ Date : __ 5.._-__.....l'......._:Z-_l_,,,(p'-------- • • ~~~----~~---=---~~~~~~• 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 CFC/16-2 1 Grandv iew Landscape-I rri gation Corp . South Broadway Medians Landscaping Proje ct ITB-16-006 $74,347 .00 • Date June 6, 2016 INITIATED BY Utilities Department Staff COUNCIL COMMUNICATION Agenda Item 11 cii Subject Allen Plant Alum Residuals Removal and Disposal STAFF SOURCE Tom Brennan , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved on February 19 , 2008 , the proposal for the Allen Water Filtration Plant residuals removal and disposal to Allied Waste in the amount of $108,000.00 for disposal of approximately 2,000 cubic yards of production. Council approved on April 5, 2010 , the proposal for the Allen Water filtration Plan residuals removal and disposal to E.T. Technologies, Inc. in the amount of $97 ,750.00 for disposal of approximately 1,600 cubic yards of production . Council approved on February 11, 2014 and September 30 , 2014 the proposal for the Allen Water • Filtration Plant residuals removal and disposal to Secure On-Site Services USA (formerly Next Generation Solutions, LLC) in the amount of $412,275.00 for disposal of 1750 cubic yards of production . • RECOMMENDED ACTION The Utilities staff recommended approval , by motion, of the proposal for the Allen Water Filtration Plant Residuals removal and disposal to Secure On -Site Services USA , LLC in the amount of $230 ,550.00 . The Englewood Water and Sewer Board, at their May 10 , 2016 meeting, recommended Council approval. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood owns the Allen Water Treatment Plant. While the drinking water produced at the plant meets all drinking water standards, these are low levels of naturally occurring radionuclides in the source water that are removed through treatment and ultimately resides in the residuals generated at the plant. As such , the residuals generated at the plant are considered technologically-enhanced naturally occurring radioactive materials and have additional disposal consideration by Colorado Department of Public Health and Environment Regulatory requirements . FINANCIAL IMPACT The bid opening was held on April 26, 2016 . Five bids were rece ived : Critical Path Ltd . Clean Harbors Environmental Services, Inc. Veris environmental , LLC Norm Services Secure On-Site Services USA, LLC $313,750.00 $311 ,875.00 $258,462 .00 $233 , 125.00 $230 ,550 .00 Secure On-Site Services USA is recommended as the lowest, acceptable bidder at $230,550 .00 for two years production (1 ,500 yards). The Util ities Department budgeted $250,000.00 in account #40- 1603-55201 in the 2016 Budget for this project. LIST OF ATTACHMENTS Bid Tabulation Sheet • • • • City of Englewood Bid Tabulation Sheet Bid Opening Date: April 26 , 2016 2 :00 PM MDT • • [~ Apparent Low Bidder I ITEM BID: ITB-16-005 Allen Water Filtration Plant Residuals Removal, Hauling & Disposal Services Receipt ol Bid Bond Addendum 1000 CY 1000 CY 1250 CY Unit 1250 CY 1500 CY Unit 1500 CY Vendor YIN SOO YIN 1 YIN Unit Cost Totnl Bid Cost Tolnl Bid Cost Tolnl Bid Exccptio11s/Co111111c11ts Norm Services, LLC Residunt!I will be 6535 S Rlvelra Wny disposed nt lho Wasle Aurore, CO 80016 Mnnngemcnt Fncility Robert Krumberger, President ns npproved by 720·476-4178 y y y $186.50 $186,500,00 s 186.50 $233, 125.00 s 186.50 t:279,750.00 CDP HE Voris Envrionmontnl, LLC Sludge must pnss 53036 Hwy71 pnlnt Jilter AND Clean Limon, CO 80920 Hnrbors must ncccpt Kipp Parker, Mannger mntcrinl -719·775-9870 y y y $206.77 $206,770 ,00 s 206 .77 $258,1162 .50 s 206.77 $310, 155.00 Crllical Palh Ltd. 857 S Von Gordon Ct Sic C103 Lokowood, CO 80228 Bryon Dannenberger, President 303-437·6825 N y N $252.00 $252,000.00 $ 251.00 $313,750.00 $ 250.00 $375,000.00 NIA Cleon Harbors Envlronmantnl Sorvlcos, Inc Plense reler to tho 42 Longwator Dr. PO BOX 9149 nttnchcd red l ined ITB Norwell, MA 02061·91119 document for requested Phllllp Retalllck, Sr VP Regulntory Alfnirs chnngos lo tho ITB 781-792·5000 y y y s 249 .50 $249,500.00 s 249.50 s 311 ,075.00 $ 2411 .52 $366,700 .00 nnd Snmplo Contrnct Secure On·Slle Services USA, LLC 12760 Stroh Ranch Wny, Sic 205 Parker, CO 80134 Kurt Rhen, Genernl Manager 303·353-1979 y y y $184.99 $164,990.00 $ 1811.114 $230,550.00 $ 103.99 $275,905.00 1 None • • • ENGLEWOOD WATER & SEWER BOARD Regular Meeting May 10, 2016 1. CALL TO ORDER The regular meeting of the Englewood Water and Sewer Board was called to order at 5:00 p.m. on Tuesday, May 10, 2016 at 1000 Englewood Parkway, Englewood, CO 80110 by Chair Clyde Wiggins. 2. ROLL CALL Members present: Members absent: Also present: ~ 3 . MINUTES Burns, Lay, Jefferson, Yates, Wiggins, Oakley, Roth, Habenicht, Moore Gill it Tom Brennan, Director of Utilities The Board received a copy of the April 12, 2016 Water and Sewer Board Meeting Minutes. Motion: Moved; Ayes: Motion carried . To approve the Minutes of the April 12, 2016 Water and Sewer Board meeting. Burns Seconded: Lay ~ 4. PUBLIC FORUM BARBARA FOUT -4185 S. HURON ST. RE: MR. PRADO Daniel, Barbara and James Fout appeared as scheduled guests regarding signs requested from Mr. Prado. Discussion ensued regarding the purpose of various signs on that block and the enclosed City Ditch easement. Councilman Yates noted Mr. Prado's concern regarding waste resulting from pedestrians walking their dogs in that area. Tom Brennan noted that the City may give permission for City Ditch easements to be used for acceptable, predetermined uses if adjacent property owners agree. Chairman Wiggins recommended that the neighbors discuss various acceptable uses and return to discuss with the Water Board when an agreement is reached. Kim Kurczewski appeared to address her issues in the area. 5. NEW BUSINESS a. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. Drinking water produced at the plant meets all drinking water standards but produces low levels of naturally occurring radionuclides in the source water. Residuals are removed through treatment and temporarily stored at the plant. These residuals generated at the plant are considered technologically-enhanced, naturally occurring radioactive materials and have additional disposal requirements by the Colorado Department of Public Health and Environment. In 2012 State rules changed regarding landfills that could accept sludge from water treatment plants. Two years of production had stockpiled while optional hauling sites were investigated. Tom Brennan discussed a Channel 4 inquiry into the radioactivity of the residuals at the Allen Water Treatment Plant. Tom noted that so far, experts that have been consulted found the radioactivity in the sludge to not be at harmful levels. CIRSA is hiring a 3rd party expert to conduct an independent investigation. A bid opening for removing the stockpiled sludge was held on April 26, 2016. Five bids were received. The lowest acceptable bidder was Secure On-Site Services in the amount of $230,550.00 for hauling 1,500 yards of material. • • • . . • • • Motion : Moved: Ayes: Motion carried . To recommend Council approval of the proposal for the Allen Water filtration Plant Residuals removal and disposal to Secure On -Site Services USA, LLC in the amount of $230,550 . Burns Seconded: Oakley All b. SOUTH PLATTE RIVER RUN PARK-BIKE TRAIL AT UNION AVE. The Board received easement exhibits and legal descriptions from Mclaughlin Whitewater Design Group for the proposed pedestrian trail at Union Avenue and South Platte River . The Water Board originally approved permission for the Grant of Easement for this project in 2013 . The project is for a one-mile paved regional trail along the east bank of the South Platte River from Union Ave. to Oxford Ave. The project includes lengthening the existing intake structure and pouring a concrete floor, which should improve water flow at the intake. Additional fencing and a paved trail section will improve access for intake maintenance . The South Suburban Park & Recreation District is requesting approval of an easement for the trail portion that will cross through the property owned by the City of Englewood at the raw water intake facility north of Union Ave. This portion of the trail will connect the Mary Carter Greenway Trail system to the existing trail at Broken Tee Golf Course. The City Attorney is working on the agreements that w i ll address ownersh i p and maintenance responsibilities . Motion: Moved: Ayes: Motion carried . To recommend Council approval of the Grant of Easement to South Suburban Parks for the Regional Trail extension at the Englewood Water Intake Facility at Union Ave. Roth Seconded : Yates All 0 . ~ 6. OLD BUSINESS The Board received a map of water samples taken to detect lead in 2011 and 2014, as requested by Councilperson Gillit. Tom noted that 42 lead service lines were replaced to the street last year. 7. STAFF'S CHOICE Mr. Brennan noted that for South Suburban to meet grant requirements, a phone vote may be necessary for the bike trail easement. The documents will be forthcoming from the City Attorney's office. 8. ADJOURNMENT The meeting adjourned at 5:45 The next Water and Sewer Board meeting will be Tuesday, June 7, 2016 at 5:00 p.m. in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary • • • • • • \VATER AND SE\VER BOARD PHONE VOTE l\fay 19, 2016 A phone vote was conducted for the members of the Englewood \Vater and Sewer Board for the May 10, 2016 Water Board meeting. 1. MINUTES OF THE MAY, 2016 \VATER & SE\VER BOARD MEETING. Motion: Moved: Ayes: Members not reached: Nays: Motion carried. To approve the May 10, 2016 Water and Sewer Board Minutes. Habenicht Seconded: Roth Moore, Lay, Habenicht, Oakley, Gillit, Jefferson, Wiggins, Roth Yates None The next meeting will be held June 14, 2016 at 5:00 p.m . in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Englewood Water & Sewer Board ..• COLORADO Departnlentof Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado April 19, 2016 Jason Clark City of Englewood -Allen Water Treatment Plant City of Englewood Utilities Department 1000 Englewood Parkway Englewood CO 80110 Re : Complaint Inspection of City of Englewood's Allen Water Treatment Plant 4/4/2016 SW/ARA I ALL 1.2 Dear Jason, On April 4, 2016, Jennifer Reynolds and Ramon Li, representatives of the Hazardous Materials and Waste · Management Division of the Colorado Department of Public Health and Environment conducted a complaint inspection of City of Englewood's Allen Water Treatment Plant located in Englewood, Colorado. The inspection was performed to assess the facility 's compliance with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R. S., as amended, and Regulations promulgated thereunder, 6 CCR 1007-2, and the approved engineering design and operations plan . A copy of the inspection report is enclosed for your reference . Results of the inspection indicate that the City of Englewood's Allen Water Treatment Plant has some minor violations of the Act and Regulations. A copy of the Compliance Advisory left at the time of inspection is also enclosed. If you should have any questions regarding this correspondence, please feel free to contact Jennifer Reynolds at (303) 692-3408 or Ed Smith at (303) 692-3386. Sincerely, Ed Smith Unit Leader Solid Waste Compliance Assurance Unit Solid Waste & Materials Management Program CC: ~ltY of Englewood Utilities Dept, 1000 Englewood Pkwy, Englewood, CO 80110 Lisa Oliveto , TCHD ECC: Ramon Li, Jeannine Natterman, HMWMD Tyson Ingels, WQCD 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado .gov/cdphe John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer • • • Agency: • Date: Site: Operator: Inspectors: Inspection: Site Representatives: Other Participants: Weather Conditions: SOLID WASTE INSPECTION REPORT Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division April 4, 2016 Times: 9:30 AM -10:30 AM Allen Water Treatment Plant Englewood, CO City of Englewood Jennif~r Reynolds, HMWMD Ramon Li, HMWMD Complaint and Announced Jason Clark, City of Englewood David Coffman, City of Englewood None Sunny .n April 4, 2016, staff from the Colorado Department of Public Health and Environment (the Department), conducted an inspection of the above-referenced property located in Englewood, Colorado. The purpose of the inspection was to evaluate the compliance of the Facility with the requirements set forth in the Solid Wastes Disposal Sites and Facilities Act ("the Act"), CRS 30-20- 100. 5 et seq., the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007 -2 ("the Regulations"), and the Facility's approved Engineering Design and Operations Plan (the Plan). --Site History-- Allen Water Treatment Plant (the Facility) is a water treatment plant owned and operated by the City of Englewood, Colorado. Disposal of water plant residuals (sludge) is regulated by the Department under Section 12 of the Regulations. On March 15, 2016, staff from the Hazardous Materials and Waste Management Division (the Division) received notice of allegations regarding the Facility. The allegations were: 1) dry alum sludge had been stockpiled instead of disposed of pursuant to the Facility's Plan; and 2) levels of radiation in the sludge were harmful to the health of the employees. --Records Review-- The Facility's Plan was drafted April 26, 1993. According to the Plan, "Existing reservoirs contain lllllP estimated 5, 100 dry tons of alum sludge. This quantity was .estimated from historical 9roduction records and visual inspection of the reservoirs. A two-year cleaning program will remove approximately 2,000 tons of sludge. Once this cleaning effort is completed, the City will switch to an operational mode geared to removing the annual production." (Plan, p. 12-7). The Facility updated their Plan with their "Long-Term Treatment Residuals Plan" (Updated Plan) dated August 11, 2003. Under Section 2.2 "Costs for Disposal", the Updated Plan referenced "annual residuals disposal and capital costs ... " as well as "Annual costs include haul, disposal, • discharge, and monitoring and analysis fees." (Updated Plan p. 5). These statement indicate continued removal of the annual production as first referenced in the Plan (see previous paragraph). · --Site Inspection-- The site inspection was performed in the field at Allen Water Treatment Plant. Participants included Department Inspectors Jennifer Reynolds and Ramon Li; and Facility representatives Jason Clark and David Co ff man. Residuals produced by Facility operations are initially stored in its reservoir. The reservoir is later dredged. The slurry removed from the dredging is then placed in a day tank and dewatered. The cake produced is then let out to air dry. The dry alum sludge had been disposed of at Midway Landfill in Canon City, Colorado. Those disposals were approved by the Division. In 2012, Midway was no longer able to accept the Facility's sludge. Bid requests were sent out in 2012 for sludge disposal, and at that time, the sludge started stockpiling. In May of 2014, the sludge produced in 2011 and 2012 were taken for final disposal by Clean Harbors Deer Trail. Waste Manifests were requested and produced at the time of inspection . Dried alum sludge from 2013 and 2014 were noted to be on site, covered by a tarp. Sludge produced in 2015 was also on site, and currently drying. Sludge produced in 2016 was in the reservoir. The timeline for removal and disposal of the 2013 and 2014 dried alum sludge was requested. Pursuant to Facility Representatives, bid requests for disposal have been requested and they were currently awaiting receipt. However, Facility Representatives also advised that the City of Englewood was currently in litigation pertaining to the sludge produced by the Facility, and as such, the Facility had been advised by the City's Counsel to not remove sludge until the litigation is resolved. Due to allegations made concerning radiation levels in the alum sludge, the Facility's radiation exposure rates were obtained during the site inspection. The results are found below. --Radiation Measurements-- • The Facility's rad1ation exposure rates was obtained from a Bicron micro rem survey meter (Serial Number: C766A, calibration date August 3, 2015). Background measurements were obtained in the parking lot away from the sludge pile storage area and within the office building adjacent to the water treatment bl)ilding. The observed background measurements were 0.006 mrem/hr in the parking lot and 0.01-o mrem/hr in the office buildipg. Much of the locations surveyed immediately around the sludge storage areas were at or below background. One notable area measured between • two sludge piles was 0.010 mrem/hr on contact to the tarp covering the pile. --Findings-- The Facility was in apparent violation of the Act and the Regulations on the day of inspection and .ceived a Compliance Advisory. The following apparent violation was found: Deficiency 1: Two (2) years of dried alum sludge (2013 and 2014) was on site at the facility. This is in apparent violation of Section 12.2.13 of the Facility's EDOP which stated that sludge produced would be removed annually. Prepared by: :=;~~4:.-=::~-..u. Jf n if er eynolds Environmental Protection Specialist Compliance Assurance Unit Solid Waste and Materials Management Program Colorado Department of Public Health and Environment (Radiation Measurements added by Ramon Li, Environmental Protection Specialist) Attachments: Attachment 1 Attachment 2 Attachment 3 Photo Log -Photos Taken by the Department Compliance Advisory issued at time of inspection Radiation survey diagram .le: SW/ADM/CSI 1.2 • Attachment 1 -Photo Log Photos Taken by the Department Photo 2: 201312014 dried alum sludge covered by a tarp • • • • • Photo 3: 2015 alum sludge -drying .,. \' • -Photo 4: Reservoir containing 2016 residuals - Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South, Mail Code HMWMD-B2, Denver, CO 80246-1530 Colorado Department of Public Health md En.UOnmtot (303) 692-3350 http ://www.colorado .gov/cdphe/solidwaste Solid Waste and Materials Management Program Notice of Inspection FacilityName Alltv-. w~ Fi l+r~O"'-'?l~LA,+ County Trim Code 6<.N l f\W \ f\LL Arap:A.~ tle Street Announced? }QYes ()No City £°¥\C\ lt.w Dad Zip Cc Enter by: ~Consent ( ) Warrant ) Open Fields Facility Representatives: Phone Juson Cla.1L =3 / 71..,-z -2lP 50 1)~viri ~V...V\ Local Government Representatives Phone Results of the inspection indicate: D The facility is in compliance with the Act, Regulations and approved plans ~ The facility is in compliance, with the exception of the minor violations noted below 0 The facility is not in compliance . A parent Violations and requested corrective actions : Date 4 /LI/ 2.ot lP Tiine In: q 30 A l1A Tiine Out: /o.·30 AM Email Email ~t\CA \ \~ \5 5\-u"'-~~ S\A.cl~ 6tA -sl,k,, \oV\y --tVt_a,lA ~d_ \\!\. ~~v-~~w-~'<\"'-°.) "? Ooeroc\\.b\A.s ~-•re. 12-eque~ !A.C:t.~: \)\etAs0 d\6?oSe... of-~\\ ~ -201s --proct~ced ~lu.ci..1-a.,t-°'-.fz.t0~;~ °'-??rove_o{ -\o -h\l-e..- ~ WCA~ ~-~',:\/\ lZ-D -l ~ ft~ °'?~~VCll. Q. £ Compliance Assistance Delivered During the Inspection: on (.52.,-Cl\\ ?y-:e..-ZDl'5 stu..d.~L-·ls ct\-?'\)DSU:;{ ~ \ R~\A'('{U_. dl6\)0Sa.l Dt-Suclq.-c OV\ °'-'o\iV\.Y\\ LA,\ 'ot\S\S. Signature of Facility Representative Receiving Form: Lead CDPHE Inspector: J '.{(., ~cl{ nolaI -;?/~ lVtYl I ( Name of Facility Official Receiving Form: Assisting Inspectors : 12aVVloV\ Li .:r.;?so..,.. .z:-: C£~#\/):::-- • • • - HAZARDOUS MATERIALS AND WASTE MANAGEMENT DMSION COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT 4300 CHERRY CREEK DRIVE SOUTH, DENVER, CO 80246-1530 .MPLIANCE ADVISORY Colorado Deparonent of Public Health and Environment II FACILITY: All~IA Wa-ll-v- p; l+r~-tw~ Plai.t+- File code: SW/ ~f-Fr / ftl-L INSPECTOR: \2£.Y,Y\olds' I DATE: '-1/ 4/ WI IP ADDRESS: This Compliance Advisory provides notice related to information gained during inspection of the above named facility I property location on the date shown. We advise you that the inspector(s) believes that the "Apparent Violations" listed below are, or may be, violations of Colorado's solid waste laws or regulations. A review of the facts established during this inspection by Department personnel may result in revision of this Compliance Advisory to include appropriate additions or clarifications . • Please be aware that you are responsible for complying with the Colorado solid waste regulations and that there are substantial administrative and civil penalties for failing to do so. Section 30-20-113, C.R.S. provides that any person who violates Section30-20-100.5 et. seq., C.R.S., which includes the Solid Wastes Disposal Sites and Facilities Act ("the Act")., and the Regulations Pertaining to Solid Waste Sites and Facilities (''the Regulations"), 6 CCR 1007-2, may be subject to an administrative penalty of not more than $10,000 per violation per day during which such violation occurs. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its enforcement options concerning this inspection, including issuance of a Compliance Order and assessment of penalties. Also, this Compliance Advisory does not constitute a bar to enforcement action for conditions that the i.nspector(s) did not observe or evaluate, or conditions found during future inspections of your facility. Per Section 1.9 of the Regulations, you may request a compliance conference, which can either be in person or by telephone. A primary purpose of the compliance conference is to give you the opportunity to submit additional materials addressing the violations alleged below. Such information may also be provided in writing by mail or electronically, preferably prior to any compliance conference. The compliance conference can also serve to clarify requested return-to-compliance actions and to develop a schedule for completion of such actions. We encourage you to contact the inspector within thirty (30) calendar days of the date of ibis compliance advisory to schedule a compliance conference, if desired. 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Tel: 3/ (Oq'L-.3t..fo'b Failure to respond in a timely fashion to this Compliance Advisory will be considered in any subsequent enforcement action and the assessment of administrative and/or civil penalties . • July 1, 2013 II COMPLIANCE ADVISORY Paoe 2, of 1-o -- F~;;~~r-~ rCTIVITffiS: rA:i:~/ 14 1 • ~=======~======================~, APPARENT VIOLATIONS NOTED DURING INSPECTION - APPARENT VIOLATION DESCRIPTION I CITATION ( 6 CCR 1007-2 unless otherwise specified) REQUESTED ACTION BY WHAT DATE? or (x days from today) I acknowledge that the "Apparent Violations" listed above have been identified for me and I have been provided with the first page of this Compliance Advisory as well. ~Representative • • Englewood Waste Water Treatment Facility -Allen Plant • Survey Instrument: Bicron micro rem SN: C766A Calibration Date: 3-Aug-2015 • • Background measurements: 0.006 mrem/h (outside in parking lot), 0.010 mrem/h (inside office building). All units on the diagram are in mrem/h. BKG refers to the background measurements above for outside in parking lot. Diagram not to scale. Garage BKG BKG BKG BKG BKG 2014 and older dried BKYl sludge BKG piles I Lf I I BKG BKG 0 .01 BKG BKG BKG BKG Office 0.01 BKG Pump BKG BKG BKG ~--------- 2015 sludge dry out pile BKG BKG BKG BKG BKG BKG Parking Lot BKG Treatment Plant Driveway BKG 2016 sludge pond , . (SAMPLE) CONTRACT FOR SERVICES AGREEMENT NUMBER CFS/16-16 THIS CONTRACT made and entered into on , 2016 by and between Secure On-Site Services USA, LLC -12760 Stroh Ranch Way, Suite 205, Parker CO 80134 hereinafter called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY . WITNESSETH; The parties do hereby contract and agree as follows : 1. The CONTRACTOR shall furnish the CITY the following seNices: 2. 3 . Allen Water Filtration Plant Residuals Removal. Hauling & Disposal Services At the location of: 1500 W Layton Ave. Englewood . CO 80110 (if applicable) for a total contract price of: Two Hundred Thirty Thousand Five Hundred and Fifty Dollar ($230,550). The temi of this contract shall begin on _____ _, 2016 with work to be completed on or before June 1. 2016. The Contractor shall not commence work under this Contract until the insurance required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4 . The services shall be supervised by; or the project shall be inspected by the Project Manager for the City, or his or her authorized representative . 5. Terms of Payment The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor's proposal attached hereto and made a part hereof. Payment shall be made in a lump sum upon final completion of the project unless other terms are agreed to by the City in the Statement of Work. A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. 6 . This Contract includes the General Terms and Conditions as printed and set forth in the following pages, and the Contractor, by executing this Contract, agrees to comply with all such General Terms and Conditions . 7. The Contractor shall guarantee all labor and materia l used in the performance of this Contract for a period of one year from the final written approval by the City or as per the Request for Qualification and Specifications . 8. IN WITNESS WHEREOF, the parties hereunto have subscribed to this Contract, including all Contract Documents as listed below: 1000 Englewood Parkway. Englewood . Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 1 • • • • • • ___ Proposal/Scope of Work Statement ___ Purchase Order No . CITY OF ENGLEWOOD (Department Director) ___ Insurance Forms ___ Immigration documents (if applicable) By :-~--------------Date:-------- (Mayor) City Clerk Contractor (print company name) By: 4&tml {J. ~ Date: l/-ZCJ -I? (Print name and Title) STATE OF Cel\OYMO } \'\,, ,, } SS . COUNTY OF .iAM.D'</S } On this f;fr~ day of Ay>.,i \ , 20~ before me personally appeared ~ h n C_. ~\\Oli"}: , known to me to be the ~11111.l ~ ___ of Saur"" C}'\-Sjl(.. SfrW:Rs ~ , UL . thecorporation that 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. . : ".' . ~ 1000 Englewood Parkway, Englewood, Colorado 80110 -2373 (303} 762-2412 www .englewoodgov.org 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written . My commission expires : $/ '2.-2,./i<f. ~ VJ..~crl) NOTARY NOTE: Federal Regulations {Code Sections 6041 and 6209) require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer. The regulations also provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In order to comply with these regulations, the City requires your federal tax identification number or Social Security Number, whichever is applicable. ELISABETH M WOOD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144020804 MY COMMISSION EXPIRES 0512212018 1000 Englewood Parkway . Englewood , Co lorado 80110-2373 (303) 762-2412 www .englewoodgov.org 3 _.":....:·. :·:·.-; ~ :-~: :. _ .. .:...~ ;;--·-J.-. :"·:: -__ :-.; • • • • • • GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE . Proposals are subject to acceptance by the signing or a contract and Issuance or an appropriate purchase order at any time within sixty (60) days arter the receipt or quotes unless otherwise stipulated. The City res erves the right to accept or reject any and au quotes and reserv es the right to wa ive any informality in any quote. 2 SITE EXAMINATION. Ir applicable , C011tractor must examine the site and certify aR measurements , specificat ions and conditions affecting the work to be performed at the site. By submitt.ng their quole . the Contractor •,'/arrants that he or she (hereinafter he or his) made such site examination as they deem necessary regard ing the condition or the site; its accessib ility for materials, workmen and utilities and the Contractor's ability lo protect existing surface and subsurface improvements. No claim ror allowance of time or money will be allowed as lo such matters or for any other undiscovered condit ions on the site. 3 EQUIPMENT ANO LABOR . The Contractor shall furnish all tools, equipment. apparatus. racilities , transportation, labor, and material necessary lo furnish the services herein described . The services shall be performed at such times and places as directed by the authorized City representative as Indicated In the work specifications or statement of work allached hereto. 4 . SUBCONTRACTORS . Contractor agrees lo bind every subcontractor lo the lenms of this contrad as far as such terms are applicable lo subcontractor's work If Contractor shall subcontract any part or this contract, Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either direcUy or Indirectly employed by himself. Nothing contained In the contract documents shall create any contractual relations between any subcontractor and the City . 5 DEFAULT BY CONTRACTOR When Contractor , or any subcontractor. or vendor shah fail to deliver any article or service or shall deliver any artide or service which does not conform lo the work specifications or the Statement of Work, the City may, upon five (5) business days' prior written notice describing the default. at its cption , annul and set aside the contract entered Into with said Contractor, subcontractor or vendor either In whole or In part, and enter Into a new contract In such a manner which would be to the best advantage oflhe City The City reserves the light to cancel any articles or services which the Contractor may be unable lo furnish because of economic conditions , governmental regulations or other similar causes beyond the control or the Contractor provided satisfactory proof Is furnished to the City . if requesled . 6 CONTRACT CHANGES No changes or alterations to this contrad shall be made without specific prior written approval by both parties 7 WORKERS Contractor sha h at a l! limes enrorce st(ct discipline and good order among his employees and shall not employ on work any until person or anyone not skilled In work assigned to him ot her. Any person in the employ of the Contractor who lhe City may deem Incompetent or unfit shall be dismissed from the job site and shall not again be employed al the site v.ithout written consent from the City . B. SUBSTITUTIONS . No substitutions of materials or persons from those specified in the Statement or Work sha ll be made without the prior written approval of the City 9. CONTRACTOR SUPERVISION . Contractor sha ii provide competent supervision or personnel employed on the job site . use or eq uipment. and quality or workmanship . iO CLEAN UP . Debris shall be removed from the premises . The job site shall be kept In good order at a ~ lime s when wor'i< is not actually being performed and shall be maintained in a sare and cl ean condition 11 . ACCESS TO WORK. City representatives shall at all times have access to work wherever It Is In preparation or progress . Contractor shall provide sare and proper facil ities ror such access 12 . PROTECTION OF WORK AND PROPERTY. The Contractor shaU erect an<I property maintain at all times , as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection or workmen and the public, and shall post danger signs warning against hazards created by such features in lhe course of the construction . 13 . OCCUPANCY. The City reseNes the right lo occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract, nor shan such occupancy extend the date specified for substantial completion of the work . 14 . ASSIGNMENT OF CONTRACT AND PURCHASE ~· The Contractor shaU not assign or transfer by operatiOn of law or otherwise any or all of Its rights , burdens, duties , or obligations under lhis contract without the prior written consent of the City. 15 . FORCE MAJEURE CLAUSE . The parties to the Contract shaD be excused from performance hereunder during the time and to the extent that they are prevented from obtaining . delivering, or performing by an act or God, lire, stnlte, loss, shortage or transportation fao1ities , lock-out, or the conmandeering cf materials, products, plants or facilities by the government, v.tlen satisfactory evidence thereof Is presented to the other party\ies). provided that it is salisfaclorily established that the non-performance is not due lo the fault or neglect of the party not perfooning . 16 _ HOLD HARMLESS CONTRACT. The Contractor sha ~ save . defend, hold harmless and indemnify the City from and against any and all losses. damages , liabilities , daims and costs or whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use , service, operat ions, or performance of wolk on property under the terms of this contract by any employee, agent, or representative of Contractor and lor Hs subcontractors unless such loss was a result orthe negl igent acts er omissions of the City . 1000 Englewood Parkway . Englewood, Colorado 80110-2373 (303) 762-2412 www .englewoodgov .org 4 ?::-... -: -~-· :·-!·--- 17. PAYMENT . Unless otherwise specified . the Contractor shall render invoices for materials delivered or services performed under the Contract or Purchase Order. The City shall make payment far materials . supplies or other serv ices furnished under this Contract in lump sum on completion of the work with in thirty (30) days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence reasonably required by the City including the sat ;sfactory release of a!I liens or claims for liens by subcontractors. laborers, and material suppl iers for work or materia !s provided under th is Contract or Purchase Order (which approva l shall not be unreasonably withheld) 18. PERMITS AND LICENSES . The Contractor and all of his employees, agents , and subcontractors shaft secure and maintain in force, at Contractor's sole cost and eJCpense. such licenses and permits as are requ ired by law, Including any licenses or permits requered by the City In connection with the furnishing or materials, suppl ies . or services here in listed . 19. CONTRACTOR NOT AN OFFICER. EMPLOYEE. OR AGENT Of THE CITY . Vv'hile engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor Is an Independent Contractor, and not an officer, employee, agent. partner , or joint venture of the City. 20. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE . The Contractor shall not commence wotlc under this contract until he has obtained the Insurance required under this paragraph and satisfactory proof of such Insurance has been submitted to City . Except for worker's compensation Insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City's prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation . The Contractor shaU not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained . a) WORKER'S COMPENSATION INSURANCE . The Contractor shall procure and shall maintain during the fire of this contract. Worker's Compensation Insurance on all of his employees to be engaged In work on the project under thil7 . contract and In case or any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged In such work unless such employees are covered by the Contractor's Worker's Compensation Insurance . 28 b) CONTRACTOR'S PUBLIC LIABILITY ANO PROPERTY DAMAGE INSURANCE . The Contractor and any subcontractor shall procure and shall maintain during the life of this contract. Contractor's Public Liability Insurance In an amount not less than 51 .000 ,000 for injuries . including accidental death to any one person , and subject to the same lim :t for each person in an amount not less than S 1 ,000,000 on account of one acc<dent. and sha ll also ma intain Contractor's Property Damage Insurance in an amount not less than S1,000 .000 . 21 . WARRANTY/QUALITY . The Contractor , manufacturer, or their assigned agents shall guarantee the workmanship, product or service perfonned against defects or failures or materials for a minimum period of one (1) year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be In compliance with appficable Colorado energy, conservation. and environmental standards ; unless a longer minimum period Is required in the statement or work . Contractor shall furn ish aq manufactures · and supplier' 1•,rilten guarantees and warrantees covering materials and equipment fum ished pursuant to this Contract or Purchase Order. 22 . ASSIGNMENT OF CLAIMS . In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods , services, or materials , and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign lo the City all rights. title, and interest in and to aG causes of action it may have pursuant this contract or subcontract . This assignment shall be made and become effective at the lime the City tenders final payment to the Contractor without further acknowledgment by the parties. 23. COMPLIANCE WITH LAWS . Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as Indicated or specified in lhe Statement of Work . ff Contractor observes that any of lhe work required by this contract is at variance viilh any such laws, ordinances, rules or regulations, Contractor shall notify the City, In writing , and, at the sole option or the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, In writing , or this contract shall be terminated effective upon Contractor's receipt of a wrilten tennination notice from the City . If Contractor performs any work knowing It to be In violation or such laws, ordinances, rules or regulations and without first notifying the City of such vlolalfon, Contractor shaTI bear all costs arising therefrom . 24 . TIME IS OF THE ESSENCE . Time is of the essence In the performance or and compliance with each of the provisions and conditions of this contract. 25 GOVERNING LAW . This contract sha U be governed by and construed In accordance v.ith the laws of the State of Colorado . Venue will be proper In Arapahoe County. co. 26 NO ORAL MODIFICATION Any waiver. amendment . modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any faill6e to perfomJ in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby . 27 . ~ The parties understand and ackllO'Medge that each party Is subject lo Article x. § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or iti. attachments v.tiich imposes upon the City , directly or ind irectly. any financial obligation whatsoever to be performed or \-Alich may be performed in any fiscal year subsequent of the year of execution of this contract Is eJCpressly made contingent upon and subject lo funds for such financia l ob ~gal i on being appropriated . budgeted and otherwi se mad e ava ilabre 28 COLORADO LABOR LAW. If this project is for a public works project or public project , as defined In Section 8-49· 102(2) CRS. lhe contractor shal comply v.;ih 8-17-101 CRS ooch reql.ires the contractor to use at least eighty percent (80%) Colorado labor for any pubic works projecl financed in a v.ftole 1000 Englewood Parkway, Englewood Cotorado 80110-2373 (303) 762-2412 www .englewoodgov.org • • • • • • or In part by State. counties . school districts. or municipal monies . 29 . PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by Jaw to be inserted in this contract shall be deemed to be Inserted herein and th is contract shall be read and enforced as though ii were included therein . 30. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor sha n not knowingly employ or contract with an rn egal alien to perform work under this contract. Contractor sha M not contract with a subcontractor that fails to certify to the Contractor that the subcontractor wm not knowingly employ or contract with an Illegal alien lo perform work under this Contract. (CRS 8-17 .5-102(2)(a)(I) & (11).j (b) Verification: Contractor Ynll 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 confinn the employment eligibility of all employees who are newly hired for employment to perform work under th i s public contract for services. Contractor is prohibited from using the E-Verify program or the Department program procedures lo 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 ir.egal 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 subcontract l'<ith lhe s ubcontractor if. within three days or receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien ; except that the Contractor shall not terminate the contract wilh the subcontractor If during such three days the subcontractor provides Information to establish that the subcontractor had not knowingly employed or contracted with the illegal alien . d) Duty to Comply with Stato Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made In lhe course of an investigation by that the Department is undertaking pursuant lo C .R S . 8-17 .5-102 (5). (a) Damages for Breach of Contract: The City may tenninate 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 lo C .R .S . 8 -17 .5- 102. Contractor shan be liable for actual and consequential damages to the City In addition to any other legal or equitable remedy the City may be enliUed to for a breach or this Contract under this Paragraph 30. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 1000 Englewood Parkway. Englewood , Colorado 80110-2373 (303) 762-2412 www .englewoodgov .org E :-..; : -. SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL 2. Secure Energy Services 12760 Stroh Ranch Way, Suite 205 Parker, CO 80134 Date of Agreement: NAMES OF PROJECT COORDINATORS Jason Clark Water Production Supt. COE Utilities Department 303-783-6825 Jclark@englewoodgov.org Kurt Rhea General Manager Secure Energy Services t:-11. 303-968-1933 ~ Krhea@secure-en.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK 4. To provide all labor, tools, safety devices, materials and equipment necessary for the removal of approximately 1200 cubic yards of water treatment residuals as identified by the Water Production Superintendent. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER RESOURCES The COE will provide water for dust control as needed 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Removal of approximately 1200 cubic yards of water treatment residuals as identified by the Water Production Superintendent to the designated landfill. Dust suppression will be used if needed by spraying water over top of the residuals, the water will be provided by the COE. Hauling/Disposal manifest will need to be provided. 7. SPECIAL TERMS, IF ANY Owner shall provide the contractor access to the loading area. Owner shall provide water for dust suppression if needed. 8. MODE OF PAYMENT . -~ .... -. -: Purchase Order 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org ·:~?:: :: ·. --,., -.... ~' : ; ___ !--.: . --=-:------··· . -~- 7 • • • • • • 9 . PAYMENT SCHEDULE City will pay vendor for the services in accordance with the following payment schedule. All payments to vendor are contingent on vendor's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to vendor that the Deliverables-Milestones have been satisfied. Final Payment upon completion and acceptance of work. 10 . SCHEDULE AND PERFORMANCE MILESTONES All work to be completed by June 1, 2016 11 . ACCEPTANCE AND TESTING PROCEDURES NIA 12 . LOCATION OF WORK FACILITIES The City will provide the Plant space and support as it agrees may be appropriate, at its Allen Water Treatment Plant. IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between the parties hereto dated , 20_, the parties have executed this Statement of Work as of this day of , 20_. CITY OF ENGLEWOOD, COLORADO By: ___________ _ (Signature) (Print Name) Title: ____________ _ Date:------------- S&tll~E IJAJ-5rr{ Se-f.v1 C(5 {JS//, l-L G -=...;;...._...._ _____________ , Company Name By ~~"'l~lb ;¥ l1 ttNN c. ~ f./€'A (Print Name) Title: 4DJ£~Al MArl.4-tjt/_ Date: t./ , t ~ -I~ 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2412 www .englewoodgov .org 8 COLORADO Colorado is one of the fastest growing states with one of the best ~onomies in the country. Yet, each year Colorado falls behind ~ funding for education and transportation, and fails to meet the growing demand for mental health services and senior services. That's because Colorado is required to return previously collected revenue due to a 25-year-old formula in our state constitution. Just as rebates for "excess revenue" are being distributed , the state continues to underfund education, transportation and other important services. Over the last year, dozens of meetings were held across the state, with thousands of grassroots , civic and business leaders to develop solutions that would allow Colorado to meet the needs and expectations of residents while remaining fiscally responsible. Our proposal allows Colorado to keep and invest at least 35% of these funds into education, including pre-school through 12th grade education , vocational education and higher education; at least 35% into transportation, including highways , bridges, underpasses, mass transit and other projects; and the remaining toward mental health services and senior services . • ensure voters have control of their tax dollars , our proposal has a 10-year sunset. If there continues to be a need for these funds to be invested in education , infrastructure , mental health and senior services , policy makers will have to once again make their case to the voters. These proposals follow what TABOR was designed to do: ask taxpayers for permission to use the additional money, already collected , without raising taxes. These proposals do not change TABOR or amend the constitution , and Coloradans will continue to vote on all tax increases. Raises Taxes? NO Amends the constitution? NO Changes any existing formulas? I NO Follows TABOR? I YES Defined spending allocations? I YES 9ia11y , this measure stresses accountability and puts important safeguards in place that require the state legislature to report each year on how these funds were invested . \o(.011 Coloradans drive 49 billion miles on our roads each year. That number is expected to jump to 70 billion by 2040. Despite a growing population, COOT is using half of its funds to maintain the current system and does not have funds to increase capacity . Colorado's population of seniors is expected to grow 40 % by 2040 , putting added pressure on services such as transportation , meal delivery , heating assistance and other essential senior services . Colorado is 40th in the nation for per pupil spending , and spending has not kept up with inflation since 2009. Colorado will need to spend $2 ,000 more per pupil to meet even "base level funding." Nearly two-thirds of Coloradans who have a mental illness do not receive treatment -ranking the utilization of treatment in Colorado the third lowest nationally. PAID FOR BY COLORADO PRIORITIES l~t.Jl'' MEASURE #117: 10-YEAR SUNSET, WITH SPENDING ALLOCATED Ballot Title: *111 there be a change to the Colorado Revised Statutes authorizing the state to retain and spend state revenues •t exceed the constitutional limitation on state fiscal year spending, and, in connection therewith, authorizing the state to retain and spend all such revenues collected during the ten fiscal years from July 1, 2016 through June 30, 2026; authorizing the state to annually retain and spend such revenues for any subsequent fiscal year in an amount equal to the highest amount collected in any single fiscal year during the ten-year period adjusted for increases in state population and inflation; allocating at least 35% of any revenues retained to fund education and at least 35% to fund transportation projects; and allowing the state to use any remaining revenues for the same purposes or to fund mental health services and senior services? Text of Initiative: 2015-16 #117. Final version filed with Secretary of State. Be it enacted by the People of the State of Colorado: SECTION 1. Article 77 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: § 24-77-103.1. Retention of 2016 election excess state revenues -2016 election general fund exempt account - .uired uses -2016 election excess state revenues legislative report (l)(a) Notwithstanding any provision oflaw to the contrary and without increasing tax rates or imposing new taxes, for each fiscal year commencing on or after July 1, 2016, but before July 1, 2026, the state is authorized to retain and spend all state revenues in excess of the limitation on state fiscal year spending. (b) Notwithstanding any provision of law to the contrary and without increasing tax rates or imposing new taxes, for each fiscal year commencing on or after July 1, 2026, the state is authorized to retain and spend all state revenues that are in excess of the limitation on state fiscal year spending, but less than the 2016 election excess state revenues cap for the given fiscal year. (2) There is hereby created in the general fund the 2016 election general fund exempt account, which shall consist of the 2016 election excess state revenues that the state retains for a given fiscal year pursuant to this section. The moneys in the account shall be appropriated or transferred by the general assembly for the following purposes: (a) not less than 35% of the revenues deposited to the account in each fiscal year shall be used to fund education including public pre-school through twelfth grade education, vocational education, and higher education; (b) not less than 35% of the revenues deposited to the account in each fiscal year shall be transferred to the highway users tax fund and allocated in accordance with the formula specified in section 43-4-205(6)(b) to fund l sportation projects, including highways, bridges, underpasses, mass transit or any other infrastructure, lity, or equipment used primarily or in large part to transport people; and (c) any amounts not spent on education or transportation may only be used to fund mental health services and MEASURE #117: 10-YEAR SUNSET, WITH SPENDING ALLOCATED senior services. (3) The statutory limitation on general fund appropriations set forth in section 24-75-201.1(1) (a), and th. exceptions or exclusions thereto, shall apply to the appropriation of moneys in the 2016 election general fun exempt account. ( 4) As permitted by the Taxpayer's Bill of Rights, the approval of this section by the registered electors of the state voting on the issue at the November 2016 statewide election constitutes a voter-approved revenue change to allow the retention and expenditure of state revenues in excess of the limitation on state fiscal year spending. (5)(a) For each fiscal year that the state retains and spends state revenues in excess of the limitation on state fiscal year spending pursuant to this section, the director of research of the legislative council shall prepare a 2016 election excess state revenues legislative report that includes the following information: (I) The amount of 2016 election excess state revenues that the state retained pursuant to this section; and (II) A description of how the 2016 election excess state revenues that the state retained pursuant to this section were expended. (b) The report required by this subsection (5) shall be completed by October 15 following a fiscal year that the state retains and spends revenues pursuant to this section and may be amended thereafter as necessary. The director of research shall publish and link to the official website of the general assembly a copy of the report. ( 6) As used in this section: (a) "2016 election excess state revenues" means state revenues that are in excess of the limitation on state fisc- year spending. (b)(I) "2016 election excess state revenues cap" for a given fiscal year means an amount that is equal to the highest total state revenues for a fiscal year from the period of the 2016-17 fiscal year through the 2025-26 fiscal year, adjusted each subsequent fiscal year for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes. (II) As used in this paragraph (c), inflation and the percentage change in state population shall be the same rates that are used in calculating the maximum annual percentage change in state fiscal year spending pursuant to section 24-77-103, and the qualification or disqualification of an enterprise or debt service changes shall change the 2016 election excess state revenues cap in the same manner as such change affects the limitation on state fiscal year spending. (c) "State revenues" means state revenues not excluded from state fiscal year spending, as defined in section 24-77-102(17). • ···:·--:':'""-.. ·.· ·. >: ·.·· ·.'·.,,•.. ·.( . : .F;iL.: . .>:::~~ " T Colorado is one of the fastest growing states with one of the best Ii i: { ~ • ::A::~ ~-- economies in the country. Yet, each year Colorado falls behind \! 1 Ii~ Coloradans drive 49 billion !.; in funding for education and transportation, and fails to meet • e 9. rowing demand for mental health services and senior f miles on our roads each year. : rvices. !; That number is expected to Ii jump to 70 billion by 2040. That's because Colorado is required to return previously collected revenue due to a 24-year-old formula in our state constitution. Just as rebates for "excess revenue" are being distributed, the state continues to underfund education , transportation and other important services. Over the last year, dozens of meetings were held across the state, with thousands of civic and business leaders and grassroots participants to develop solutions that would allow Colorado to meet the needs and expectations of residents while remaining fiscally responsible. This proposal allows Colorado to keep and invest at least 35% of these funds into education, including pre-school through 12th grade education, vocational education and higher education; at least 35% into transportation, including highways, bridges, underpasses, mass transit and other projects; and any remaining funds toward mental health services and senior services . To ensure voters have control of their tax dollars, this proposal As a 10-year sunset. If there continues to be a need for these ~nds to be invested in education, infrastructure, mental health and senior services, policy makers will have to once again make the ir case to the voters. This proposal follows what the Taxpayer Bill of Rights (TABOR) was designed to do: ask taxpayers for permission to use the additional money, already collected, without raising taxes. This proposal does not change TABOR or amend the constitution , and Coloradans will continue to vote on all tax increases. Raises Taxes? Amends the constitution? Changes any existing formulas? Follows TABOR? Defines spending allocations? NO NO NO YES YES Finally, this measure stresses accountability and puts important safeguards in place that require the state legislature to .ort each year on how these funds were invested. co!oradopr io r it ie s.c om Ii Despite a growing population , 1: CDOT is using half of its funds I! to maintain the current system r: ,, and does not have funds to ii increase capacity. 1:. ' [ '. ·:,. .· ...... :> /. · .. · .. ,,_._ r. 1. !··· . I·•, f .. :1~c"~r~,. [! h ~ ~ t H fi Colorado is 40th in the fi f1 nation for per pupil spending, 1: r; and spending has not kept i: up with inflation since 2009. Colorado will need to spend $2,000 more per pupil to meet even "base level funding." :···· . ~· .;. ·- ..·,· . .. .. . . ' ·~ . . .•·. ·... .~ .. . ··--· --.. ....:.: ... :. ·--··· -... ;. .... : ...... -~: .. ·-:·: .•.... ··:"' I PAID FOR BY COLORADO PRIORITIES I • • INCREASING PARTICIPATION IN PRIMARY ELECTIONS WHO WEARE Let Colorado Vote 2016 is dedicated to building consensus for policies to increase voter access. engagement and participation in Colorado . WHAT WE'RE PROPOSING We are considering ways to increase voter participation in Colorado and have submitted measures to the Title Board in hopes of placing a statutory initiative on the ballot in 2016: v INITIATIVE 98 v INITIATIVE 140 To open primary elections to Colorado's 1.3 million unaffiliated voters. To restore Colorado's presidential primary election, last held in 2000. WHY IT MATTERS Freedom and independence are core Colorado values . Because all taxpayers pay for elections, it's not fair to force voters who want to be independent to join a political party just to have their voices heard . More than a third C370/o) of Colorado voters are unaffiliated . It's not right to exclude more than 1 million Coloradans from our primary elections. Turnout in pri maries in Colorado is so low -roughly 1 in S Colorado voters in 2014 picked candidates to run in November -that the winners tend to appeal to the extremes ACTIVE VOTERS 2016 37% of active voters , . ,,.. don't gel to vote m primary \ elections in Colorado! \ Other SOIJRGf• COIDRAOO S!CRID.RYOFSTAll. UARCH2016 of each party. We need more people involved if we want the best candidate options. This is about encouraging participation in the election process. rather than closing the door to the largest group of voters in our state. WHAT WE KNOW A majority of states open their primaries to unaffiliated voters, yet Colorado clings to an antiquated system that leaves out nearly 4 in 10 voters. Colorado is one of just... ... 20 states where unaffiliated voters can 't participate in the presidential nominating process; ... 17 states that close congressional primaries to unaffiliated voters; • . .. and 13 states where legislative primaries are closed to unaffiliateds. t/ Colorado leads the nation in the growth of unaffiliated voters since 2008, and they now make up a plurality (more than 35%) of active voters. (Sources : nonpartisan group "Third Way": Colorado Secretary of State) t/ Roughly two-thirds of young people who registered to vote in 2014 chose not to affiliate with a party . (Secretary of State data) t/ Colorado has some of the highest general-election COLORADO PRIMA RV TURNOUT 2016:? 2014: 22% of active voters 2012: 23% of active voters 2010: 31% of active voters turnouts in the nation, but primary turnout has declined from 31% of active voters in 2010 to just 22% in 2014 . (Secretary of State data) t/ Colorado was among 11 states (Alaska, Hawaii, Iowa, Kansas, Maine , Minnesota, Nebraska, Nevada, North Dakota, and Wyoming) that utilized caucuses in the presidential nominating process this year.* Idaho CD), Kentucky (R) and Washington cm used caucuses for one party. t/ Caucuses limit participation . There are more than 3.6 million registered voters in Colorado, and just 180,000 (50/o) participated in 2016 caucuses . *Colorado Republicans did not conduct preference polls at their caucuses, but they were the starting point for the selection of delegates to the party's national convention. FAQs Don't parties have a First Amendment right to associate? Yes. And Initiative 98, like measures that have been deemed constituti onal elsewhere . protects that right by allowing parties to nominate their candidates through a process other than a primary election. But if taxpayer money is used to pay for an election, all voters should be allowed to have their voices heard. When did Colorado last hold a presidential primary? Colorado held pres i dential primaries in 1992, 1996 and 2000. In 2003, lawmakers passed a measure to el i minate the presidential primary as a way to save an estimated $2 .2 million. Restoring the primary could generate 10 times that amount in economic activity, according to conservative estimates. So how do we nominate for president? Colorado uses a caucus process, though this year Republicans chose not to conduct a presidential preference poll at their caucuses. Are you proposing eliminating caucuses? No . Caucuses would still be a vehicle for parties to identify candidates for other offices. to advance delegates to their assemblies, to sign up precinct committee workers , etc. MORE INFORMATION For a complete list of supporters, visit: LetCoVote2016.com or contact Curtis Hubbard at info@letcovote2016 .com . ~ fi~.· ;~ · ·· · / ' Lc tCoVote2 01 b.com !I; : ·· . .i · LET COLORADO VOTE • • •• ' . • Amendment 69: Risky. Uncertain. Unaffordable After years of debate and division, health care remains a critical issue for our nation. Across our country and our state, too many people still cannot afford -or gain access to -the health care they need. This is a real issue that impacts real lives. But regardless of whether you live on the Front Range, the Eastern Plains or the Western Slope; whether you are a Republican or a Democrat or an independent; even regardless of whether you philosophically support a national single-payer health care system or prefer a market-based solution ... Coloradans agree that Amendment 69 is not the right answer for Colorado. Coloradans for Coloradans is a bipartisan, statewide, diverse organization of Colorado citizens who have come together to oppose Amendment 69. Here are some of the best reasons why. Huge New Tax Burden. Amendment 69 will raise $25 billion in new taxes to fund a massive A.government-run health care system called ColoradoCare. To put that in context, the total state 90udget is roughly the same siza. All Coloradans will pay into this system through payroll and non- payroll income taxes -working families, entrepreneurs and seniors will be hit hard by this new tax burden. And it will inevitably have impacts on our economy and our ability to make investments in other public services and programs. Colorado can't afford Amendment 69. 21 Member Board of Inexperienced Politicians Making Health Care Decisions for You. ColoradoCare is a "political subdivision of the state" run by a 21 member Board of Trustees, separate and apart from the checks and balances of other government programs. The Board is empowered to run this $38 billion entity -$25 billion of new tax revenue, plus $13 billion of existing health care funding-and make decisions about health care benefits, payments to doctors and future tax increases. Yet, there are no requirements for experience in health care, no guarantee of political balance and no authority to recall these members. Decisions about our health care are too important to leave to inexperienced, unaccountable politicians. Another Complex Policy Embedded in Colorado's Constitution. This is yet another complex and costly amendment to our state's constitution. And because this policy is embedded in our constitution it would be difficult to amend or change in the future. It is irresponsible to put another complex amendment into our state's constitution. www.coloradansforcoloradans.com • Reasons Metro Mayors Should Oppose Amendment 69 Municipalities as Employers: Tax Burden. Employers will pay 6.67 percent on all payroll. Employees will pay • 3.33 percent on all payroll income. This totals a new 10 percent tax on all wages and earnings. In addition to the payroll taxes, a 10 percent tax will be assessed on all non-payroll income, including: interest collected on savings, dividends, capital gains, some retirement income and business income to entrepreneurs and other businesses that are established as "pass through entities" (e.g. sole proprietors, partnerships, S corporations, LLCs, LLPs, many trusts, and income from farms and rental property). Municipalities as Employers: Provider of Health Benefits. Amendment 69 outlines 11 broad categories of coverage (e.g. ambulatory patient services, hospitalization, emergency and urgent care, palliative and end-of- life care), but provides no specifics on benefit levels. Decisions on benefits and cost-sharing will be left to the 21 member Board of Trustees. It is impossible for employers to compare the coverage they offer employees today with what they might get under ColoradoCare. In the event that the coverage offered by ColoradoCare is insufficient to meet consumer needs, employers could be pressured to purchase supplemental private coverage for employees. Supplemental coverage to a public plan is common in Medicare and in countries with public health care systems. Municipalities as Employers: Uncertainty for Worker's Compensation. There are two parts of worker's compensation insurance: medical coverage and wage replacement (indemnity). Under Amendment 69, ColoradoCare assumes responsibility for the medical portion of worker's compensation, leaving the wage replacement piece to be covered by private carriers. An indemnity-only business is untenable because there is no opportunity to manage costs. As such, most carriers would likely stop doing business in Colorado, probably leaving Pinnacol Assurance as the only carrier in the state -a risky position for Pinnacol and the customers it serves. Municipalities as Human Services Administrators: Uncertain Future of Medicaid. Under Amendment 69 ColoradoCare will assume responsibility for Medicaid, pending federal waiver approval. While the amendment guarantees protections for Medicaid clients to continue receiving the benefits provided by Medicaid today, the details of that federal waiver and the impact to program administration is left to negotiation between ColoradoCare and the federal government. Whether or not there will be a role for counties in Medicaid enrollment and administration, or what that role will entail, is unknown. What we do know is that ColoradoCare would be a political subdivision of the state, separate and apart from the checks and balances of the democratic process that governs Medicaid today. Municipalities as Election Administrators: Uncertain Election Process for ColoradoCare Elections. ColoradoCare will be established as a new political subdivision of the state, similar to a county. The Interim Board of this new entity will be empowered to promulgate rules to govern elections related to the administration of the entity. lt is unclear what, if any, relationship this new election system will have to the Secretary of State's office and the network of county clerks who administer elections today. It is also unclear if the cost estimates for running ColoradoCare fully account for the cost of establishing and running a new statewide election process. Keep Colorado's Economy Competitive. Economic development activities focus both on attracting employers and workforce to the state. Amendment 69 would create a significant new tax burden and an uncertain health care environment, making it difficult for businesses and workers to know whether Colorado is a good place to do business or earn a living. Colorado's economy is strong today-among the strongest in the country. The uncertainty created by Amendment 69 would hinder our progress and growth. • • '•