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HomeMy WebLinkAbout2016-08-15 (Regular) Meeting Agenda Packeti1!.= EiiQlewood 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, Aug. 15, 2016 •7:30 p.m. a. Minutes from the Regular City Council Meeting of Aug. 1, 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. Robert Ellstrom, Englewood resident, will address Council regarding Ordinance 34. b . Susan Walker will address Council regarding Ordinance 34. c. Brian Brockhausen, Englewood resident, will address Council regarding Ordinance 34. d. Patricia Ross, Englewood resident, will address Council regarding recreational marijuana initiatives. e. Coween Dickerson, Englewood resident, will address Council regarding City procedures. f. Kathleen Bailey, Englewood resident, will address Council regarding Allen Water Plant residuals. 7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled Publ ic 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 auxiliary aids or services, please notify the Gty of Englewocxi (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. a. Appointment of Don Roth from alternate to regular member on the Water and Sewer Board. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. ,-.. ., .. c , i. Council Bill 28 -Approve, by a bill for an ordinance, an intergovernmental agreement with Arapahoe County for the November 8, 2016, coordinated election. Staff: City Clerk Lou Ellis R esolutions a nd ~-~c-!i':':-1" _ 10. Public Hearing Items. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill 29 -The Community Development Department recommends that City Council approve the Sand Creek PUD Amendment allowing single family and multi-family residential and the Iron Works Village Site Plan on first reading, and set September 6, 2016 as the date for a Public Hearing. Staff: Planner II Audra Kirk ii . Council Bill 30 -Finance and Administrative Services staff recommends Council approve a bill for an ordinance approving ballot language for a General Obligation Bond. Staff: Finance and Administrative Services Director Kathleen Rinkel b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. Community Development staff recommends Council approve, by motion, a contract with C-West Consultants, LLC, for plan review services, not to exceed $130,000. Staff: Chief Building Official Lance Smith Please note: If you have a disability and need auxiliary aids or services. please notify the City of Englewood (303-762·2405 ) at least 48 hours in advance of when services are needed. . ' ii. Parks, Recreation and Library staff recommends that Council approve a Resolution authorizing the City of Englewood's Arapahoe County Open Space grant application for Northwest Greenbelt Trail Connection Project. Staff: Open Space Manager Dave Lee iii. Parks, Recreation and Library staff recommends that City Council approve, by motion, an artwork contract for the River Run Trailhead Art Project. Staff recommends awarding the contract to Latka Studios, for the purchase of "Bird in Spire" in the amount of $40,000. Staff: Recreation Services Manager Joe Sack iv. The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) Supervisory Committee recommended at its meeting on July 21, 2016 that Council approve, by motion, a purchase order for the repair and rebuild of one (1) Centrifuge (CEN-06-515) located at the UE WWTP. Staff recommends an award of purchase order to the lowest reliable and responsive vendor, Centrisys Centrifuge Systems, in the amount of $79 ,000 .00. Staff: Engineering/Maintenance Manager Chong Woo v. Public Works staff recommends that Council approve, by motion, the pu ri::h::::.~<.::· of 2 ~~~ 6 El gin Pelic a n St :eet Swee p e ~ in the amount,of $1 ~C\605 · from the lowest acceptable National Joint Powers Alliance (NJPA) vendor , Faris Machinery. Staff: Right-of-Way Services Manager Larry Nimmo vi. Public Works staff recommends Council award, by motion, a contract to Foothills Paving and Maintenance, Inc., in the amount of $136,496 for the completion of the 2016 Chip Seal Program. Staff: Right-of-Way Services Manager Larry Nimmo vii. Public Works staff recommends that Council approve, by motion, the purchase of a Compact Crawler Boom Lift -JLG Model X600AJ for $150,145. Staff : Facilities and Operations Manager Michael Hogan viii. The Human Resources Department recommends Council to approve, by m otion , the appointment of a hearing officer for a d isciplinary appeal. Staff: Human Resources Manager Jayleen Schell ix. Finance and Administrative Services staff recommends Council approve, by resolution, the Tyler Technologies contract amendment for Software as a Service (SaaS) that corrects Exhibit 2, Item #1, to an initial term of 7 years. Staff: Finance and Administrative Services Director Kathleen Rinkel. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762 -2405) at least 48 hours in advance of when services are needed. a. Council Team Dynamic Proposals. 14. City Attorney's Report. a. Executive Session with the City's CIRSA attorney to discuss the litigation in Southpark Homeowners Association v. City of Englewood. 15. Adjournment. Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405 ) at least 48 hours in advance of when seP.ices are needed. MINUTES Regular City Council Meeting Monday, August 1, 2016 (Draft] 1000 Englewood Pkwy -Council Chambers 7:30 PM 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Jefferson at 7:42 p.m. 2. Invocation The invocation was given by Council Member Russell. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell. 4. Roll Call COUNCIL PRESENT: • COUNCIL ABSENT: STAFF PRESENT: Mayor Joe Jefferson Mayor Pro Tern Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Rita Russell Council Member Steve Yates A quorum was present. None City Manager Keck Acting City Attorney Comer Assistant City Manager Robinson City Clerk Ellis Deputy City Clerk Carlile Assistant City Clerk McKinnon Director Rinkel, Finance and Administrative Services Police Commander Watson Human Resource Manager Schell Technical Support Specialist I Munnell 5. Consideration of Minutes of Previous Session a . Minutes from the Regular City Council Meeting of July 18, 2016. • Moved by Council Member Rick Gillit Page 1 of 9 liiriiiil Reg~ouncil Seconded by Council Member Rita Russell TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 18, 2016. For Against Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell (Seconded By) x Rick Gillit (Moved By) x Steve Yates x 7 0 Motion Carried. 6. Recognition of Scheduled Public Comment a. Doug Cohn, Englewood resident, addressed Council regarding historic preservation. b . Marty Fuchs, Englewood resident, addressed Council regarding the City of Englewood and iBake. c. Kathleen Bailey, Englewood resident, addressed Council regarding Allen water plant residuals. d. Perry Sawrey, Englewood resident, addressed Council regarding the business climate in Englewood. e. Harvey Pratt, Englewood resident, addressed Council regarding Long Term Asset Reserve issue brief. 7. Recognition of Unscheduled Public Comment a) Robert Ellstrom, Englewood resident, addressed Council regarding Ordinance 34 enforcement pertaining to sexual predators. b) Brian Brockhausen, Englewood resident, addressed Council regarding Ordinance 34. c) Sean Baker, Englewood resident, addressed Council regarding The City of Englewood Water Plant residuals. d) Belinda Porter, Englewood resident, addressed Council regarding the City of Englewood Water Plant. August 1, 2016 • • • Page 2 of 9 (J),iffl Reg~ouncil August 1, 2016 • e) Norma Wier, Englewood resident, addressed Council with a suggestion for the new police department facility and encouraged Council to work closely with the Historical Society when planning for the future of the City. 8. • 9. • f) Joyce Slaughter, Englewood resident, addressed Council regarding the City of Englewood Water Plant sludge. g) Sierra Lynn Riddle, Colorado Springs resident, addressed Council regarding iBake Englewood. h) Pat Hutsen, Englewood resident, addressed Council regarding the City of Englewood Water Plant. i) Arjay Rhoads, Englewood resident, addressed Council regarding Ordinance 34. j) Ida May Nicholl, Englewood resident, addressed Council regarding illegal home grows of marijuana. k) Coween Dickerson, Englewood resident, addressed Council regarding the City of Englewood police force and iBake Englewood. Communications, Proclamations, and Appointments There were no communications, proclamations or appointments . Consent Agenda Items a. Approval of Ordinances on First Reading b. i. Council Bill 28 -Finance and Administrative Services staff recommends Council approve, by a bill for an ordinance, an intergovernmental agreement with Arapahoe County for the November 8, 2016, coordinated election. Staff: City Clerk Lou Ellis COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 2016. Approval of Ordinances on Second Reading. i. Council Bill 25 -Authorizing the Chief of Police to sign a contract with the State of Colorado that will authorize the City of Englewood to act as the Fiscal Agent on behalf of the Peace Page 3 of 9 ~ Reg~ouncil August 1, 2016 Officer Standards and Training Board Greater Metro Region Training Committee. Staff: Cmdr. Sam Watson ORDINANCE NO. 27, SERIES OF 2016 (COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO AND AUTHORIZING THE CITY OF ENGLEWOOD, AS THE FISCAL AGENT FOR THE PEACE OFFICER STANDARDS AND TRAINING BOARD GREATER METRO REGION TRAINING COMMITTEE. ii. Council Bill 26 -Approving five-year farming lease agreements for: Progressive Farms, Craig Farms General Partnership, Clint A. Burnet, Kent Beichle, Gary and Nancy Meier and Jason Meier. Staff: WWTP Treatment Division Manager Jim Tallent ORDINANCE NO. 28, SERIES OF 2016 (COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AUTHORIZING FIVE (5) FARM LEASE RENEWAL AGREEMENTS FOR THE FARMS IN THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson TO APPROVE CONSENT AGENDA ITEMS 9(a) (i), 9 (b) (i) and (ii). For Against Linda Olson (Seconded By) x Rick Gillit (Moved By) x Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Steve Yates x 7 0 Motion Carried. • • • Page 4 of 9 • (Dr;ffl Reg~ouncil August 1, 2016 c. Resolutions and Motions There were no additional resolutions or motions. (See Agenda Item 11 (c).) 10. Public Hearing Items No public hearing was scheduled before Council. 11. Ordinances, Resolutions and Motions • • a. Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 9 (a).) b. Approval of Ordinances on Second Reading i. Council Bill 27 -Submitting to a vote of the registered electors of the City of Englewood at the next municipal election November 8, 2016, a ballot question to raise taxes on the sale of retail marijuana. Staff: Finance and Administrative Services Director Kathleen Rinkel Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson ORDINANCE NO. 29, SERIES OF 2016 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER OLSON) A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION NOVEMBER 8, 2016 A BALLOT QUESTION AUTHORIZING THE CITY OF ENGLEWOOD SALES TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RA TE OF TAXATION DOES NOT EXCEED 15% AND WITH THE RESULTING TAX REVENUE BEING ALLOWED Page 5 of 9 rDr:ifil Reg~ouncil August 1, 2016 TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW. • For Against Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 7 0 Motion Carried. c. Resolutions and Motions i. Finance and Administrative Services staff recommends Council approve a resolution approving a new Agreement for Investment Advisory services to include Investment and reinvestment of the City's assets within the City's guidelines. Staff: Finance & Administrative Services Director Kathleen Rinkel Moved by Council Member Linda Olson Seconded by Council Member Steve Yates RESOLUTION NO. 92, SERIES OF 2016 A RESOLUTION APPROVING AN AGREEMENT FOR INVESTMENT ADVISORY SERVICES BETWEEN CUTWATER INVESTOR SERVICES CORP. (d.b.a. INSIGHT INVESTMENT) AND THE CITY OF ENGLEWOOD. For Against Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Rick Gillit x Steve Yates (Seconded By) x 7 0 • • Page 6 of 9 • • • ii. (fjriffi Reg~ouncil August 1, 2016 Motion Carried. Finance and Administrative Services staff recommends Council approve, by motion, the agreement for Strategic Procurement Consulting services provided by Expense Reduction Analysts to include review of the City's procurements, recommendations for cost savings and assistance in achieving those cost savings. Staff: Finance & Administrative Services Director Kathleen Rinkel Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION APPROVING THE AGREEMENT FOR STRATEGIC PROCUREMENT CONSUL TING SERVICES PROVIDED BY EXPENSE REDUCTION ANALYSTS TO INCLUDE REVIEW OF THE CITY'S PROCUREMENTS, RECOMMENDATIONS FOR COST SAVINGS AND ASSISTANCE IN ACHIEVING THOSE COST SAVINGS . For Against Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates {Seconded By) x 6 1 Motion Carried. iii. Approval of a resolution, approving an agreement to fill the position of City Attorney. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates RESOLUTION NO. 93, SERIES OF 2016 A RESOLUTION APPOINTING ALISON MCKENNEY BROWN TO THE POSITION OF CITY ATTORNEY FOR THE CITY OF Page 7 of 9 12. liiiiiff1 Reg~ouncil August 1, 2016 ENGLEWOOD, AND APPROVING THE CONTRACT FOR COMPENSATION. • For Against Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 2 Motion Carried. General Discussion a. Mayor's Choice i. Approve a motion for Mayor Jefferson to attend the DRCOG Retreat in Breckenridge, CO, August 5-6, 2016. Moved by Council Member Laurett Barrentine Seconded by Council Member Linda Olson TO APPROVE AGENDA ITEM 12 (a) (i) -MAYOR JEFFERSON'S ATTENDANCE AT THE DRCOG RETREAT IN BRECKENRIDGE, CO, AUGUST 5-6, 2016. For Against Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine (Moved By) x Rita Russell x Rick Gillit x Steve Yates x 7 0 • • Page 8of9 • ii. rn,;;fii Reg~ouncil August 1, 2016 Motion Carried. Executive Session to discuss a personnel issue under C.R.S. 24 6 4 02(4 )(f)(I). No Executive Session was held. b. Council Members' Choice 13. City Manager's Report City Manager Keck did not have any matters to bring before Council. 14. City Attorney's Report a . Acting City Attorney Comer led a discussion of a 2015 memorandum regarding marijuana consumption clubs. 15. Adjournment • • MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:30 p.m . City Clerk Page 9 of 9 Position Paper on Title 7, Chapter 3 (Ordinance 06-34) of the Municipal Code of Englewood, Colorado Submitted by: Robert T. Ellstrom, Englewood Resident August 15, 2016 Title 7, Chapter 3 (Ordinance 06-34) of the Municipal Code of Englewood, Colorado started as an emergency ordinance to prevent the placement of a single undesirable individual within the city limits. Embroiled in a bitter and costly legal battle, the City of Englewood narrowly survived a recent consideration of the preemption of the ordinance by state law. Some entity or entities within the city have perverted this narrow point of law to equate to an immediate need to purge the city of persons who have paid their debt to society as quickly as possible, possibly recognizing that expurgating or banishing those individuals will strain them enough financially to preclude further legal challenges. It will not. Title 7, Chapter 3 (hereafter referred to as Ordinance 34) is built on a house of cards. It was sold to the sitting council in 2006 using hysteria and misinformation. The ordinance itself is so flimsy as to fail under the simplest scrutiny. Highlighted portions of the ordinance and simple arguments against its foundational theories follow: 7-3-1 : -Findings and Intent. A. The City Council hereby finds that sexual predators and the specified sex offenders who use physical violence or who prey on children present an extreme threat to the public safety. False: persons fitting the profile of being an "extreme threat to the public safety" are not wantonly dumped into communities by parole boards or the SOMB. Sexual predators and the specified sex offenders have a high rate of recidivism, False: the "specified sex offenders" of this ordinance include ANY penons on the sex off ender registry, regardless of their degree of rehabilitation, contribution to the community, time elapsed since their offenses, or other mitigating facton. An incorrect public perception of a "high rate of recidivism" is easily pawned off as fact by people with an agenda to push forward flawed legislation of this type. The overall rate of recidivism for people on the sex offender registry is approximately 5%, far lower than that of nearly any other offense. Quite simply, these are people who do not want to go back to prison and wish to live peaceful lives. making the cost of sex offender victimization to society at large extremely high. False: ipso facto from the preceding argument. Removing such offenders from regular proximity to places where children are located and limiting the frequency of contact is likely to reduce the risk of an offense. False: virtually all research data shows quite the opposite to be true. In virtually all cases of sexual victimization against children, the off ender is in a B. position of trust and known to the family and/or victim. Research shows that residency restrictions actually INCREASE the risk of offense for a variety of reasons including removing persons from support networks, systematically disenfranchising them-in short, by leaving them powerless and alone. This Chapter is intended to serve the City's compelling interest to promote, protect and improve the public health, safety and welfare by creating areas, around locations where children regularly congregate in concentrated numbers, where sexual predators and specified sexual offenders are prohibited from establishing temporary or permanent residence. False: ipso facto from the preceding arguments under 7-3-1-A. The true intent of this ordinance was to stop the placement of one individual into this city. It has since taken on a frightening life of its own. Again, there is zero evidence to suggest that this magic bubble approach prevents any abuse. 7-3-3: -Prohibitions. A. It shall be unlawful for: 11. Any person required to register under the Colorado Sex Offender Registration Act, C.R.S. Section 16-22-101, et. seq. who has been: a. Convicted of a felony for an offense requiring registration; or Contradiction: this broad classification presupposes back to 7-3-1-A that each person on this registry, without respect to treatment outcome, time since offense, or other mitigating factors is "an extreme threat to the public safety," a fact likely known to the drafters of this ordinance. 7-3-4: -Exceptions. A person is not guilty of a violation of this Section if: A. The person established the permanent or temporary residence prior to the effective date of this chapter; provided, however, that this exception shall not apply if the person committed the offense, for which registration under the Colorado Sex Offender Registration Act is required, after the effective date of this chapter; Contradiction: the City of Englewood is currently manipulating the concept of establishing residency to bar individuals with long-established residency prior to the adoption of this ordinance from residing in Englewood, citing their time incarcerated or forced to live outside their established residence as prima facie evidence that they first attempted to establish residency after the effective date of this ordinance. Civil Action No. 12-cv-02178-RBJ, Ryals v. Englewood, ruled Ordinance 34 to be unconstitutional under the laws of the State of Colorado. Excerpts of that judgment follow: Findings of Fact, Conclusions of Law and Order of Judgment This case was tried to the Court from July 22 to 25, 2013. Plaintiff Stephen Brett Ryals challenges the constitutionality of the City of Englewood's Ordinance 34, which restricts where certain sex offenders-including Mr. Ryals-may reside. Mr. Ryals brings five claims under three theories, arguing that the ordinance (1) is preempted by state sex offender regulations, (2) retroactively and punitively changes the legal consequences of his original conviction, and (3) deprives him of his liberty without due process oflaw. The Court finds that the Englewood ordinance in its present form is preempted by Colorado state law. CONCLUSIONS OF LAW Plaintiff asserts five claims for relief seeking declarative and injunctive relief for alleged violations of the Colorado and United States Constitutions. Mr. Ryals's first claim alleges that Englewood's residency restriction is unconstitutional under Article XX, Section 6 of the Colorado Constitution because it is preempted by existing state law. Mr. Ryals's second and third claims for relief allege violations of the ex post facto clauses in the United States and Colorado Constitutions. His fourth and fifth claims for relief allege deprivations of his liberty without due process of law under both Constitutions. Because the Court finds that the Englewood ordinance is preempted by Colorado state law, it does not reach his other constitutional claims under the ex post facto or substantive due process clauses. The single most important point of law regarding the Ryals judgment by Judge Jackson being ignored by the City of Englewood is that his ruling absolutely does not address the second and third theories of Mr. Ryals, those of punishment beyond that originally meted out and due process. The ruling does not address these theories for only one reason. After accepting the first argument of preemption by state law, the court's work was done. There was no further need to consider additional arguments. This distinction is very important. The Colorado Supreme Court decision that the city council appears to take as completely negating the arguments espoused by Ryals does nothing of the sort. In the ruling of the Colorado Supreme Court, only the question of preemption by state law is considered. Even within this narrow framework, Justices Hood and Gabriel make a powerful argument that, although the strict letter of statute does not preempt the City of Englewood from enacting a policy of banishment, the operational conflict created between the needs of the State of Colorado and systematic banishment laws is strong enough to preempt it: Like the federal district court, I would decide this case under the rubric of operational conflict. Because the effect of local laws like Ordinance 34-banning all sex offenders from residing in entire home-rule cities-would materially impede the state's comprehensive regulatory scheme for sex offenders, and because section 16-22- 108(1 )(a)(I), C.R.S. (2015), does not sanction such laws, I would hold that Ordinance 34 is preempted due to operational conflict and would answer the certified question in the affirmative. Please note that the questions of ex post facto punishment and due process were never addressed by either court. It is not remotely valid to infer that the failure of the court to address these issues is a tacit denial of their validity. The court found it unnecessary to address those issues because they were moot after answering the question of preemption in the aftirmative. The Colorado Supreme Court ruling in no way negates Mr. Ryals' second or third theories. Mr. Ryals is no longer on the Colorado sex offender registry, and therefore has no reason himself to bring further claim. I am certain that various members of the community subject to banishment by Ordinance 34 are eager to bring exactly these issues and others before the court. If the City of Englewood wishes to spend countless taxpayer money to test Mr. Ryals' second and third theories, it will likely find the courts ready to accept them in the positive. Englewood's loose interpretation of the Colorado Supreme Court ruling in Ryals v. Englewood as being an endorsement of its policy of cruel and unusual punishment viz a vis banishment and its flagrant disregard of due process set a dangerous precedent. Left unchallenged, the adoption of similar ordinances in surrounding communities is likely. The Colorado Supreme Court worries about a domino effect as neighboring communities receive the ejected parolees from Englewood, and rightly so. Englewood only came up with the idea of using magical safe circles around schools to justify open discrimination as a me-too response to Greenwood Village attempting to foist off a violent sexual predator on them. The dominoes stopped falling because the individual in question violated the terms of his parole and was sent back to prison, thereby saving surrounding communities from the need to consider the same type of legislation. Included next are the fifth and eighth amendments to the United States Constitution. Key concepts related to Ordinance 34 are highlighted for clarity: AmendmentV No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy oflife or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In Civil Action No. 13-cv-02406-RPM, Senior District Judge Richard P. Matsch, concerned about the abuses of the Colorado State Sex Offender Registry, offers these observations: These ordinances (specifically citing Englewood Ordinance 34] demonstrate that the public, in each of these communities, has adopted laws imposing the ancient punishment of banishment as the means of protection from registered sex offenders. The proliferation of such ordinances also demonstrates the potentially wide-ranging impact on the plaintiffs ' individual liberties. It can be argued with some force that the uncontrolled private web sites ' publications amount to shaming and encourage public shunning of the plaintiffs. Public shaming and banishment are forms of punishment that may be considered cruel and unusual under the Eighth Amendment. The question is one of individual liberty-a freedom to live, work, raise a family, and play within social and economic communities. A restriction on such freedom is recognized as punishment for conduct that society has criminalized. Those restrictions must be limited and proportionate to the crime. An online dictionary resource offers this in regards to banishment: Banishment A form of punishment impos ed on an individual, usually by a country or state, in which the individual is forced to remain outside of that country or state. Although it is decidedly archaic in contemporary criminal justice systems, banishment enjoys continued existence and periodic resurgence in application However, as settlements and communities grew closer together, banishment meant the freedom to move to another location and to perpetrate the same crimes against an unknowing and unsuspecting community. Ordinance 34 is blatant discrimination. Persons on the sex offender registry are vilified and easily identified. Any person with a smart phone can walk down the street and determine the exact location and physical appearance of anyone on the list. Vigilantism has occurred on countless occasions. Ordinance 34 is simply legislated discrimination. Discrimination stems from a lack of understanding. Laws are not good or just simply because members of a legislative organization prior to you enacted them. Laws enforcing racial discrimination remained a staple of many of the United States well into the 1960s. Legislators who defended discrimination laws celebrated their victories against those [insert epithet here] on every occasion. They had "won." Negroes were not allowed to ride the same train cars as whites in the South or drink from the same fountains. Schools were legally mandated to be segregated. Those were laws. Must we conclude by default that they were good and just laws simply because they existed? Laws against miscegenation (racial intermarriage) existed in 29 states (including Colorado) until finally being struck down by the United States Supreme Court in 1967. Over 130,000 American citizens and nationals (mostly of Japanese descent, but including Germans, Italians, Jews, and others) were rounded up by the American government in 1942 and shipped to distant concentration camps (known euphemistically as "internment camps"). Today we decry and mock each of these legal decrees, yet they all existed. They ceased to exist because an educated populace rejected them. If you suffer under the delusion that the very people you want to punish again through banishment have not paid their debt, I challenge each member of council to spend even as little as ten minutes speaking candidly with any person who spent any significant time in prison for a sex-related charge. These are persons who served their debt to society by spending years of their lives, abused and beaten, at the absolute bottom of the vicious social caste system that is endemic to prison life. As a former social worker, I suffer under no delusion that victims of sex crimes are undamaged by their experience. I also know that the United States Constitution protects its citizens from being punished twice for the same crime. Ordinance 34 can in no way hide the fact that it does exactly that. It is simple ongoing retribution. It serves none of its stated goals and is an egregious abuse of legislative power. I feel victimized by an indefensible ordinance that threatens to destroy the fabric of my neighborhood and the lives of numerous families including my own. The position of the current council is unenviable. An emergency ordinance, adopted ten years ago in response to an immediate threat that became invalid before its adoption, pushed through with hysterical misinformation designed to mislead, has narrowly survived a legal challenge of one narrow point of law-that of strict statutory preemption by state law-and now appears to have become an immediate mandate to rid the city of individuals who are easily targeted and enjoy generally low popularity before they can mount an effective defense. If you have not done so, I urge each member of this council to listen to the recorded minutes of the Mayor/Manager Agenda Setting Meeting from August 9, 2016. Specifically, listen closely to the tenor of the conversation starting just after one hour and one minute (1:01 :00), and how a misrepresentation of fact, whether intentional or unintentional, derails the impetus toward council consideration of this ordinance. The individual discussed is my neighbor, Brian Brockhausen, referred to earlier in the meeting (around minute 8:00) as "this Brian guy." I have included excerpts from that meeting: 1 :03--0ne of the four attendees says that a policy decision must be made and that the city is in a tough position 1 :04--when Mayor Jefferson appears to be deciding to further consider this issue, another attendee appears to attempt to hinder further council consideration by saying that "unfortunately, this guy falls into the worst category of violent sexual predator against children." [To absolutely clarify, that categorization is incorrect. Mr. Brockhausen's actual offense is a matter of public record easily and readily obtainable. It also occurred over fifteen years ago. He served the sentence given to him by the state, his rehabilitation record is exemplary, and he is a contributing member of the community with a family that depends on him and a neighborhood that welcomes him as a friend. I can only hope that the person who made that powerful misrepresentation was himself presented with false information. It would sicken me to believe that anyone on this council would intentionally mislead the mayor and city manager in order to trivialize such an important point of law and in flagrant disregard for the lives that hang in the balance.) 1 :06--the attendee mentioned at 1 :03 strongly asserts against selective enforcement, saying "we just can't do that." 1 :07-that same attendee refers to selective enforcement as "a slippery slope." He then goes on to say "if you amend this ordinance to a response, then where do you stop?" And, in a classic misdirection, follows immediately with "Do you amend the shoplifting ... " A "slippery slope?" It is difficult for me to imagine a more slippery slope than violating the US constitutional rights of due process and finite punishment for crimes. If "selective enforcement" is something that the city can absolutely not tolerate, how slippery must be the slope that led to the nearly immediate reprisal from the police department experienced by Mr. Brockhausen around noon on August 2, 2016 after baring his soul the city council on the evening of August 1, 2016? How could there be a more slippery slope than interpreting a narrow judicial point of preemption as explicit approval to practice the medieval punishment of banishment? With the mistaken or intentionally manipulated interpretation that the City of Englewood has the explicit blessing of Colorado Supreme Court to banish people who have already paid their debt to society in place, why not take it to its logical end? Arson frightens me. The City of Englewood will arguably be safer if all arsonists-regardless of how long ago their crime or degree of rehabilitation-can be exiled to more than 2000' from any place of business that sells possible flammable accelerants. We can draw circles around all of the gas stations, Home Depot, King Soopers, Lowe's, hobby stores-the list is nearly endless. If that does not quite blanket the city, we can conveniently enlarge the magical safety circles until it does. Drunk drivers represent a threat to the community. Alcoholics Anonymous says that alcoholics are never truly cured. Perhaps we can use that as justification to banish people from Englewood with DUI convictions from 20 or 30 years ago from living within 2000' of any liquor stores or pharmacies that sell medical preparations containing alcohol. Being burglarized is a fear of mine. Establishing even a 500' residency barrier around any home or business that could potentially be burglarized would allow us to banish anyone ever convicted of burglary and could ease my fear. If the arguments for broadening Englewood's doctrine of banishment seem ridiculous, that is because they are. None of those arguments, however, is any more ridiculous than the arbitrary deprivation of liberty for persons who, for whatever reason, find their names on a publicly available registry that makes them easy targets. Liberty cannot be preserved without general knowledge among the people (John Adams, second president of the United States). A great deal of knowledge about this issue is readily available to you. To impose the punishment of banishment upon persons who have paid their legal debt to society for crimes committed half a lifetime ago or more is an unspeakable crime against liberty. To continue to enforce the policy of exile for this specific and readily identified group is an abuse of power. Federal and state courts are clearly showing their lack of tolerance to municipal and regional abuses of home-rule residency restrictions. Englewood is being singled out by judges who appear to be waiting for the next challenge of this flawed ordinance. Ordinance 34 will not be cheap or easy to defend. Is defending an ineffective and punitive policy of banishment based on fear and misunderstanding really the highest and best use of limited fiscal resources available to the City of Englewood? Each member of the council needs to take the time to educate herself or himself on the realities behind banishment laws euphemistically referred to as residency restrictions and falsely sold as protecting the public welfare. Making the decision to uphold such legislation in the face of overwhelming data to the contrary is unconscionable. This council needs to take a stance. It can choose to be seen as leaders who recognize the myopic view of this unfortunate emergency ordinance handed down to them and correct the problem after careful consideration of the facts at hand. It can, alternatively, choose to ignore the rights afforded to all citizens by the United States Constitution, to ignore the wealth of available research data to the contrary, to ignore the lives and neighborhoods damaged as a direct consequence, to ignore the safety and welfare of neighboring communities, to ignore the goals of rehabilitation and reintegration necessary to function as a state, and to stand at what will likely be the forefront of a long and very costly losing legal battle. I refuse to believe that the members of this council want to be remembered as the council that put Englewood squarely back into the Dark Ages. I ask each and every member of this council to take the necessary time to fully understand the gravity of Ordinance 34 and either abolish it or, at the very least, significantly amend it. apptause Qwest.-2. Spirit of Service~ De~< c ·+~ ecvncil , r jv~t wQf)+e +c ~().j -t'\'\~'f'I ~ 'jOL\ 'SO Ve:<J M J th ~of" h~lf' ":) 14~ ov..-f: -ti 11 a.. ri c i QI \'J f o r-k-1 j ff . t> -\-o I=-~ LA No..fl())Q Is . t +rvl '.'.) °'VPRC-tctte. l+, °':<\ d, w -..\-h ~o V\. r h (", I p :!. tfo,,0~ \~ to A.-f/ru-..f Gi ~0<3 · °'-CA.-l\c\ Pl Qced \o""'--f\ \ ~~ COVYl+r~ . lh().nKS A~~·f\ -~~ Article Hidden challenges: Sex offenders legislated into homelessness Jill S Levenson School of Social Work, Barry University, Miami Shores, USA Abstract Journal of Social Work 0(0) 1-16 ©The Author(s) 2016 Reprints and permissions: sagepub.co.uk/joumalsPermissions.nav DOI: 10.117711468017316654811 jsw.sagepub.com ($)SAGE • Summary: Zoning laws that prevent sex offenders from living within close proximity to schools and other places where children congregate have proliferated over the past I 0 years. In many communities, few dwellings are compliant with these laws, causing sex offenders to become homeless. First, a brief history of residence restriction laws will be provided and then the research around their impact and effectiveness will be summar- ized, followed by empirically supported recommendations for reform. • Findings: Legislating individuals into homelessness is not sound social policy, nor is it humane. These laws do not conform to what is known about patterns of se:xual per- petration and victimization, and thus do little to prevent recidivistic sexual violence. In fact, these policies may undermine the very factors shown by research to be associated with positive reentry and reduced recidivism . • Applications: The grand challenge of social justice requires social workers to advocate on behalf of those who are marginalized in our communities including criminal offen- ders. Research-based policy reform can result in improved public safety outcomes and social justice in our communities. Keywords Social work, sex offender, homelessness, grand challenge, residence restrictions, policy Hidden challenges: Sex offenders legislated into homelessness The Julia Tuttle Causeway is picturesque over the sparkling gentle waves of South Florida's Intercoastal Waterway against the backdrop of Miami's skyline. Underneath the bridge, however, in 2009, were as many as 140 homeless individ- uals living in exile. Ironically, some of these men owned homes of their own. Others had families who were willing to take them in. Many had jobs and could pay rent. But they were sex offenders, forced into homelessness by a complex web of zoning Corresponding author: Jill S Levenson, School of Social Work, Barry University, Miami Shores, FL. USA Email: jlevenson@barry.edu Downloaded from jsw.sagepub .com at BARRY UNIV on June 30, 2016 2 journal of Social Work 0(0) ordinances prohibiting them from living within 2500 ft of a school, park, play- ground, daycare, or school bus stop. In Miami's densely populated metropolitan area, few residential dwellings were compliant with the law. What began with good intentions quickly escalated into a crisis that continues today. Social work leaders have proposed a set of "Grand Challenges" for the profession (Barth, Gilmore, Flynn, Fraser, & Brekke, 2014; Uehara et al., 2013) to address a range of complex and inter-related social problems that deeply impact American society. Among these grand challenges for social work- ers is the goal of ending homelessness through collaborative research, resources, community organization, and advocacy across micro, mezzo, and macro levels (Henwood et al., 2015). Criminal offenders are a hidden group vulnerable to homelessness as they face reentry challenges finding safe and affordable housing after incarceration (Roman & Travis, 2004). It is estimated that 10-30% of homeless individuals have recently been released from incarceration or have a criminal record of some sort (Cortes, Rogers, & Center, 2010). Among those criminal off enders most at risk for homelessness are sexual offenders who are subject to strict laws prohibiting them from living near places where children congregate . History of sex offender residence restrictions (SORRs) and evidence of their impact There are perhaps no crimes that evoke as much anger and fear as sexual offenses. Over the past several decades, in response to a series of highly publicized heinous sexual crimes, lawmakers have responded swiftly and decisively to the public's demand for protective legislation (Levenson, 2015). The most sweeping of these initiatives has been the establishment of publicly accessible registries which alert the community about sex offenders living among us so that citizens can take protective actions to prevent victimization (Anderson& Sample, 2008; Kernsmith, Comartin, Craun, & Kernsmith, 2009). As awareness of sex offenders living in our midst has grown, so has concern about where they live in relation to places where children congregate. As a result, 30 states and thousands of municipalities have passed laws restricting where sex off enders can reside (Levenson, Ackerman, Socia, & Harris, 2015; Meloy, Miller, & Curtis, 2008). First enacted in Miami Beach in June 2005 by mimicking zoning codes that prohibit sexually oriented businesses (e.g. strip clubs or adult bookstores) from operating near schools, local ordinances can be found in most states and often set restricted buffer zones of up to 2500ft surrounding venues that cater to children (Levenson et al., 2015). When a city or county enacts a SORR law, a domino effect can quickly result when neighboring towns pass comparable legislation in order to prevent exiled sex offenders from migrating to their neigh- borhoods (Levenson et al., 2015). As Commissioner Peter Bober, from Hollywood, Florida told the South Florida Sun Sentinel iri May 2007: "Other cities already have them and if we fail to act, then we put a big target on ourselves as being a desirable place for sex offenders to reside." Downloaded from jsw.sagepub.com at BARRY UNIV on June 30, 2016 Levenson 3 These laws have created a problematic phenomenon: homeless sex offenders. Based on an analysis of data downloaded from public registries, it was determined that about 2-3% of registered sex offenders nationwide have been designated as homeless or transient (Ackerman, Harris, Levenson, & Zgoba, 2011; Harris. Levenson, & Ackerman, 2012). These numbers are considerably elevated, however, in localities with extensive prohibitions on living within close proximity to places where children gather, such as in California and Florida (California Sex Offender Management Board, 2011; Socia, Levenson, Ackerman, & Harris, 2015). Research shows that residential instability and transience of sex offenders increase after the passage of these types of laws (Rydberg, Grommon, Huebner, & Bynum, 2014). The challenges of reintegration after a criminal conviction are even more pro- nounced for registered sex off enders. The legacy of any felony conviction often includes employment obstacles, denial of public benefits (including housing), decreased educational opportunities, estrangement from family and friends, and disenfranchisement (Maruna, LeBel, Mitchell, & Naples, 2004; Petersilia, 2003; Uggen, Manza, & Behrens, 2004). The unique stigma of the registered sex offender (RSO) status, however, coupled with residence restrictions, can obstruct commu- nity re-entry even more profoundly (Levenson, 2008; Levenson et al., 2015). These laws may sound like common sense: keep known child abusers far from vulnerable youngsters. Child-oriented venues are ubiquitous, however, and thus residence restriction laws in major metropolises zone out immense geographical areas, significantly diminishing housing options and leaving few dwellings compli- ant for RSOs (Red Bird, 2009; Zandbergen & Hart, 2006, 2009; Zgoba, Levenson, & McKee, 2009). SORR laws frequently force sex offenders to relocate, prevent them from returning to their own homes after incarceration, and preclude them from living with family members (Levenson, 2008; Levenson & Cotter, 2005; Levenson & Hern, 2007; Mercado, Alvarez, & Levenson, 2008; Tewksbury & Mustaine, 2009). Many report that affordable housing is difficult to find, that landlords refuse to rent to them or to renew a lease, and that they find themselves living farther from employment hubs , public transportation systems, social service agencies, and mental health facilities (Levenson, 2008; Levenson & Hern, 2007). Young adults are particularly impacted by these laws if they are barred from living with family yet are unprepared to live independently due to financial limitations or developmental immaturity. In densely populated communities, the combination of extensive buffer zones and high rental prices creates a "perfect storm" for sex offender homelessness and displacement (Levenson et al., 2015, p. 20; Socia et al., 2015). Ironically, housing instability is known to increase risk for criminal recidivism and absconding (Schulenberg, 2007), and so the goal of reducing homelessness among offender populations is crucial for enhancing public safety. When offenders live with supportive family or peers, they are less apt to recidivate, and those who move frequently are more likely to engage in future crimes, so the situational context and life circumstances of offenders are important influences on their like- lihood of reo.ffending (Steiner, Makarios, & Travis, 2015). Policies that legislate ~from jsw .sagepub .com at BARRY UNIV on June 30, 2016 4 Journal of Social Work 0(0) offenders into homelessness undermine community safety by diminishing the chance for a successful reintegration. Moreover, transient sex offenders are more likely to abscond from registration, suggesting that housing restrictions may under- mine the very purpose of registries (Levenson, Ackerman, & Harris, 2013). SORR laws can also cause sex offenders to cluster in the few locations where compliant housing is available, resulting in a disproportionate number of sex offenders in a small geographical area and leading to heightened concerns for the welfare of children living in such neighborhoods (Broward County Commission, 2009; FATSA, 2015; Socia, 2013). Several examples highlight the extent of this problem. In Florida, over one hundred sex offenders living under the causeway connecting Miami Beach to the mainland received national attention (Miami Herald, 2008; Skipp & Campo- Flores, 2009), and there is even a Wikipedia page describing this homeless colony under the Julia Tuttle bridge. Homeless sex offenders remain a significant problem in South Florida in 2015; 7% of RSOs across the entire state are without a permanent residence and 45% of the state's homeless sex offenders reside in the greater Miami and Fort Lauderdale metropolitan areas, where about one in five RSOs are listed as transient (FATSA, 2015). In California, the number of homeless RSOs rose dramatically after the 2006 passage of "Jessica's Law," a 2000 ft state- wide restriction zone. In 2011, the California Sex Offender Management Board reported that nearly one-third of sex offenders on parole were homeless due to Jessica's Law (California Sex Offender Management Board, 2011). The buffer zone, coupled with already limited housing availability and affordability, rendered much of the major metropolitan areas noncompliant throughout the state. The Management Board raised concerns that these conditions obstructed offenders' prospects for employment, stability, and support systems. As well, they reported that SORR laws interfered with parole agents' efforts to effectively supervise sex offenders who did not have a permanent residence (California Sex Offender Management Board, 2008, 2011). Rationale for reform of residence restrictions laws There is a collective belief that the vast majority of sex offenders inevitably repeat their crimes, inspiring laws that mandate special types of social control. But research has repeatedly determined that sex offense recidivism rates are lower than generally assumed, averaging between 5 and 15% across studies (Bureau of Justice Statistics, 2003; Hanson & Bussiere, 1998; Hanson, Harris, Helmus, & Thornton, 2014; Hanson & Morton-Bourgon, 2005; Helmus, Hanson, Thornton, Babchishin, & Harris, 2012). Sex offenders are rearrested less often for a new crime than are assault, property, and drug offenders (Durose, Cooper, & Snyder, 2014; Sample & Bray, 2006). It is often argued that low recidivism rates obscure the high number of sex crimes that go undetected, and of course it is true that many are not reported. It is well established, however, that it is a small group of serial predators and pedophilic offenders with a high volume of victims that creates the impression Downloaded from jsw.sagepub.com at BARRY UNIV on June 30, 2016 Levenson 5 that all sex offenders are prolific recidivists. In reality, the broad range of behaviors that now qualify someone for RSO status exists across a spectrum of risk for recidivism, and the vast majority of convicted sex criminals are not arrested for repeat sex offenses over time (Abel et al., 1987; Harris & Hanson, 2004: Helmus et al., 2012). Importantly, new longitudinal research has found that sex offense recidivism risk declines significantly over the years that individuals remain in the community sex offense-free. In fact, low-risk sex offenders commit new sex crimes at rates below general criminal offenders; in other words, criminals with no sex crime his- tory are rearrested for a subsequent sexual offense more often than low-risk con- victed sex offenders. Compared to general offenders, high-risk RSOs have the same chance of being arrested for a new sex offense after 16.5 years with no new arrest, and moderate risk offenders cross that threshold after about 10 years (Hanson et al., 2014; Harris & Hanson, 2012). While some sex offenders certainly pose a long-term and serious danger to community members, most do not. SORR laws have been passed in many jurisdictions with little regard for research or risk assessment. There is no evidence that residence restrictions prevent sex crimes, or that RSOs who live closer to child-oriented locations are more likely to reoffend than those who live farther away (Colorado Department of Public Safety, 2004; Duwe, Donnay, & Tewksbury, 2008; Nobles, Levenson, & Youstin, 2012; Socia, 2012; Zandbergen, Levenson, & Hart, 2010). Residing within a restricted buffer zone does not contribute to victim selection, and the reputed offense patterns that SORR laws ostensibly seek to address by restricting access to certain venues apply to only 1-4% of cases (Colombino, Mercado, Levenson, & Jeglic, 2011; Mogavero & Kennedy, 2015). Though the goal of these restrictions is to decrease opportunities for pedophiles to prey upon vulnerable children, very few sex offenders first encounter child victims in the types of public settings identified in these laws. In fact, youngsters are most likely to be molested by a trusted person who is acquainted with them and their families (Bureau of Justice Statistics, 2000; Colombino et al., 2011 ). All sex off enders do not pose the same degree of risk, and even among those with minor victims , less than half meet criteria for the diagnosis of pedophilia, which requires an enduring primary or exclusive sexual interest in prepubescent children (Ackerman et al., 2011; American Psychiatric Association, 2013; Kingston, Firestone, Moulden, & Bradford, 2007; Seto, 2008). Sex offender management laws have been passed with little forethought or anticipation of the collateral consequences they might bring, and those who advo- cate for a more measured approach tend to be viewed as placing the rights of offenders above those of victims. Sociologist Robert Merton warned nearly a cen- tury ago that when well-intended policies are passed hastily in response to a per- ceived threat, their adverse consequences may outweigh their benefits (Merton, 1936). At the same time, socially constructed moral panics can build collective solidarity and send important messages about what will not be tolerated in a civilized society (Goode & Ben-Yehuda, 1994; Roots, 2004). Indeed, the response to sex offenders over the past 20 years has sent an important message of zero Oownlo-.i from jsw.sagepub.com at BARRY UNIV on Juie 30, 2016 6 journal of Social Work 0(0) tolerance for sexual assault. But the best laws are those grounded in research evidence. Interviews with legislators shed light on the political rationale for sponsoring sex crime prevention bills, and research evidence was not identified as a high priority (Meloy, Boatwright, & Curtis, 2013; Sample & Kadleck , 2008). Several common themes have been noted (Meloy et al., 2013; Sample & Kadleck, 2008): Sex offen- ders were repetitively described by lawmakers as perverted, sick, habitual, uncon- trollable, and not amenable to treatment, with over two-thirds of the politicians opining that sex criminals will almost inevitably reoffend. They expressed skepti- cism about the value of rehabilitation programs and often spoke of rape and murder simultaneously, implying that these were the types of crimes they hoped to prevent by enacting legislation. Though we would expect lawmakers to consult with experts when developing policy, the politicians acknowledged that their per- ceptions about sex offenders emanated predominantly from the media. Many actu- ally admitted that they were unconvinced that the sex offender laws they were supporting would achieve goals of public protection, but they viewed themselves as having a duty to respond to their constituents' demands for action (Meloy et al., 2013; Sample & Kadleck, 2008). Surveys of citizens have concurred that most people are supportive of these laws even when confirmation of their effectiveness is absent (Levenson, Brannon, Fortney, & Baker, 2007). Fueled by myths of stranger danger, assumptions of alarmingly high recidivism rates, and revulsion for perpetrators of sexual crimes, SORR laws seem immune to evidence. The Columbus Dispatch, in October 2007 (Lane, 2007), quoted Delaware County Prosecutor David Yost describing his support for residence restrictions as just an obvious thing to do ... I'm concerned that a lot of people in public policy are being put off by the argument that there's no evidence that these kinds of restrictions help. There are times we have laws and there is not empirical proof that they help something, yet we don't throw common sense out. Similarly, in a recent Reuter's article appearing in the Bangor Daily News, Ronald Book, a prominent Florida lobbyist and vociferous proponent of these laws, declared: I don't want those people living near children . If you put young children in the faces of people prone to commit sexually deviant behaviors on children, there is a greater chance than not that they'll act out. They'll do their thing. (Goldberg, 2015) Though enacted with good intentions, SORR laws are intensely misguided. Sex offenders do not abuse children because they live near playgrounds or schools (FA TSA, 2015). They cultivate opportunities for sexual molestation by grooming children and their families , and they use positions of trust, familiarity, or authority to do so (Duwe et al., 2008). Research suggests that over 90% of sexually abused children were victimized by someone well known to their families (Bureau of Downloacled from jsw.sagepub .corn •BARRY UNIV on Jt.f1e 30, 2016 Levenson 7 Justice Statistics, 2000, 2010), and that sexually motivated stranger abductions of youngsters are rare, occurring on average about 115 times per year (Finkelhor, Hammer, & Sedlack, 2002; National Center for Missing and Exploited Children, 2015). Policies controlling where sex offenders live, rather than where they go and what they do, discount empirical realities and misdirect efforts to prevent child sex abuse (Colombino et al., 2011). Though they seem logical, they regulate only where sex offenders sleep at night and do nothing to prevent pedophilic predators from patronizing child-oriented sites during daytime hours (FATSA, 2015). Alternatives such as child safety zones, which prohibit RSOs from loitering in places where children tend to be present, are better suited to achieve the objective of reducing sex offenders' access to children without compromising their housing needs (Colombino et al., 2011; FATSA, 2015). The grand challenge of research-informed sex offender man- agement policies Sexual abuse of children is egregious, and protecting children from harm is a vital objective. However, in the absence of empirical evidence that residence restrictions are successful at protecting children, preventing sexual abuse, or reducing recidiv- ism, such laws hinder rather than advance efforts toward these goals (FA TSA, 2015). SORR laws in metropolitan areas deplete housing availability and increase the potential for sex offender homelessness, undermining the very purpose of the registries by elevating the number of offenders who fail to register, abscond, or become more challenging to track and monitor. There is ample evidence that sex offender polices as currently implemented are in desperate need of reform, includ- ing better risk assessment to meaningfully guide case management decisions that are individually tailored to offenders' risk and needs (FA TSA, 2015; Huebner et al., 2014; Zgoba et al., 2015). There is growing public criticism of SORR laws as their negative consequences to offenders and communities become more apparent. Recent court decisions declaring residence restrictions unconstitutional in California, Massachusetts, and New York seem to indicate a changing tide in the support for these laws. Even early on, however, some prosecutors and victim advocates publicly ques- tioned the wisdom of residential restrictions, admonishing that these laws would accelerate the growing problem of sex offender homelessness and compromise the efficiency of tracking and supervision by law enforcement agents (Iowa County Attorneys Association, 2006; NAESV, 2006). Their forewarnings turned out to be correct. In July 2015, the U.S. Department of Justice released a report summarizing the research on the effectiveness of sex offender management systems (Lobanov- Rostovsky, 2015). The conclusions regarding residence restrictions were uneq uivo- cal, stating that residence restrictions are not effective, and that they may actually increase offender risk by undermining offender stability and the ability of the offender to obtain housing, work, and family support. The report concluded that no evidence exists to support the use of these policies at this time. Perhaps this DOJ Downloaded from jsw.sagepub.com at BARRY UNIV on Jl6lll 30, 2016 8 journal of Social Work 0(0) report, along with the bipartisan momentum currently underway for criminal just- ice reform, paves the way for social workers to advocate for empirically driven policies to prevent recidivistic sexual violence. Residential restrictions are a failed social experiment. There is no evidence that they protect children or prevent recidivism , and in fact they create many more problems than they solve. They contradict decades of research demonstrating that when criminal offenders return to communities they are much more likely to reintegrate successfully when they have meaningful employment, stable housing, and the support of law-abiding family and peers (Steiner, Makarios, & Travis , 2015). Instead, SORR laws disrupt stability, create barriers to steady employment, and banish individuals far from their most helpful social support systems . Treatment professionals and law enforcement officers concur that housing prob- lems interfere with offender stability and aggravate the risk factors that stimulate criminal behavior and noncompliance (FATSA, 2015). Displacement precludes family support and access to treatment services , and often relocates off enders to high crime and impoverished areas where drugs, prostitution, and vulnerable families tend to be prevalent. Factors such as substance abuse, negative moods , hostility , depression , and anxiety all exacerbate reoffense risk , and psychosocial stressors challenge the already deficient coping strategies of many offenders. When people believe they have nothing to lose , they act accordingly. Social policies should be based on scientific data and are most likely to succeed when their development and implementation is informed by research. One-size-fits- all approaches to sex offender management result in an inefficient distribution of resources and impede successful reintegration. Many scholars (e.g. Huebner et al., 2013 ; Socia et al., 2015; Zgoba et al., 2015) have highlighted the utility of empir- ically driven risk assessment prot ocols and classification procedures to focus sur- veillance efforts on sex offenders posing the highest threat. Huebner et al. also recommended that probation and law enforcement efforts would be enhanced if there were greater emphasis on prerelease planning and improving the prison-to- community transition process. Thus, a more effective approach to sex offender management would apply individualized restrictions based on offense patterns a nd risk factors. Refinements in these laws would allow for management systems to more appropriately identify and target high-risk offenders , allocate resources more efficiently, minimize the collateral consequences that impede reintegration , and enable sex offenders to adopt a law-abiding and pro-social lifestyle. Most sex offenders will eventually return to the community, and when they do , an approach that relies on empirically supported reintegration strategies will likely be more effective in reducing recidivism and protecting communities. Specifically, recommendations for reform include: 1. Residential restriction laws should be abolished in their current form though individualized case management plans developed by supervision officers and treatment providers might call for specific housing restrictions depending on an offender's risks and circumstances. Downloaded frDm jsw.sagepub.com at BARRY UNIV on June 30, 2016 Levenson 9 2. SORR laws can be replaced with what are sometimes referred to as Loitering Laws or Child Safety Zones, which prohibit known sex offenders from loitering in places where children tend to be present without a legitimate reason or prior permission. Such laws would better target the goals of preventing predatory pedophilic individuals from preying on vulnerable children in public places. 3. Programs like Circles of Support and Accountability have shown empirical sup- port in reducing recidivism by creating networks of support systems that enable sex offenders to reintegrate more fluidly , establish prosocial relationships, and foster a sense of inclusion rather than ostracization (Wilson , Cortoni, & McWhinnie, 2009). Implications for social workers Social workers have taken a leading role in child protection, victim advocacy, rape prevention, and sexual abuse research , and many sex offender treatment providers are social workers. However, sex offender management policy has rarely been dis- cussed in academic social work circles. Over the past century, the social work profession has advanced in its grassroots mission to serve poor, vulnerable, and oppressed populations, and developed into a scientist-practitioner model for empir- ically supported practice and policy. American crime prevention policies over the past 30 years have relied heavily on incarceration, and the United States now leads the world in imprisonment rates. Our criminal justice system fuels a range of unin- tended consequences including excessive costs for American taxpayers , systemic inequities for the poor and minorities, and woefully inept strategies for safely rehabilitating and reintegrating offenders into communities (Petersilia & Cullen , 2015 ; Pettus-Davis & Epperson, 2015). The grand challenge of social justice relies on the integration of collaborative leadership, science, and public dialog to enable innovative and transformative solutions (Uehara et al., 2013). Social workers have a long history of working· with clients involved in the crim- inal justice system , as there is a salient link between crime and other types of social problems attended to by social workers (Maschi & Killian , 2011; Scheyett, Pettus- Davis , Mccarter, & Brigham, 2012; Sheehan, 2012). There has been a call for social work education programs to provide students with specialized training in assess- ment, treatment, clinical, and case management services for offenders (Epperson , Roberts , Ivanoff, Tripodi, & Gilmer, 2013; Grady & Abramson , 2011; Robbins , Vaughan-Eden , & Maschi, 2015). Social workers are well positioned to use their skills and knowledge in the context of the biopsychosocial and environmental frameworks to provide forensic services and to advocate for evidence-informed sexual violence prevention policies (Guin, Noble, & Merrill , 2003; Sheehan, 2012). SORRs that result in homelessness are a bad idea for several reasons. They utilize resources (shelters, soup kitchens, etc.) that should be reserved for individuals who are truly in need. For sex offenders who could reside with family members or on their own if not for these laws, the use of these services is unnecessary and wasteful. Downloadedfrom jsw.sagepub.com at BARRY UNIV on June 30, 2016 10 journal of Social Work 0(0) Furthermore, they trigger other costs to taxpayers, such as expenses associated with law enforcement, courts , and reincarceration for those whose residential instability results in supervision violations, and the victimization costs when instability leads offenders to resume a life of crime . These laws undermine the HUD's strategic efforts to end homelessness (United States lnteragency Council on Homelessness , 2010 ) by creating a new class of individuals susceptible to housing instability and thereby erecting a new obstacle for the already overburdened safety net. SORR laws contradict the United Nations Declaration on Human Rights , which proclaimed housing as a fundamental right that all persons should be able to access. Within the strengths-based and integrative environmental context of social work practice, we have an ethical duty to promote social justice and protection of human rights for all , including those who have committed crimes , in an effort to promote individual and societal well-being (Maschi & Killian , 2011; National Association of Social Workers, 2008 ; Pettus-Davis & Epperson, 2015 ; Saleebey , 2011; Sheehan , 2012). I n order to halt the cycle of interpersonal violence in communities, it is critical that the mental health, child protective, and criminal justice systems deprioritize incarceration as the primary means of crime control and invest in a comprehensive set of prevention services for high-risk families , trauma-informed interventions for victims , and rehabilitative reentry programs for offenders (Larkin , Felitti , & Anda, 2014; Pettus-Davis & Epperson, 2015). Social workers are trained to consider macro and policy issues as well as micro and clinical issues. As such, social workers should advocate for evidence-based clinical programs and public policies. If social workers believe in social justice , we cannot pick and choose who it applies to. As a society , we need to be honest about our intentions: if SORR laws seem justifiable simply because of our outrage about sexual crimes and our revulsion toward offenders, then our motivations are punitive. Ifwe pass them to manage risk for reoffense, then perhaps the motivation is more authentic, but the reality is that no evidence exists that they achieve this goal. The grand challenge of social justice requires us to step forward and speak on behalf of those without a voice, especially those most marginalized in our communities -including criminal offenders . Legislating individuals into homelessness is not sound social policy , nor is it humane. Most citizens and politicians have little sympathy for the plight of sex offenders, but social workers recognize the need to promote research-informed forensic services and policies to ensure the be st outcomes for indi viduals and society. Declaration of conflicting interests The author(s) declar ed no potential conflicts of interest with respect to the research , authorship , and/or publication of this article. Funding The author(s) received no financial support for the research , authorship , and /or publication of this article . oa.vnk>ad9d from jsw. sagepub.com at BARRY UNIV on June 30. 2016 Levenson II References AbeL G. G., Becker, J. V., Cunningham-Rathner, J., Mittelman, M. S., Murphy, M. S., & Rouleau, J. L. (1987). Self-reported crimes of nonincarcerated paraphiliacs. Journal of Interpersonal Violence, 2, 3-25. Ackerman, A. R., Harris, A. J., Levenson, J. S., & Zgoba, K. (2011). Who are the people in your neighborhood? A descriptive analysis of individuals on public sex off ender regis- tries. International Journal of Psychiatry and Law, 34, 149--159. doi:l0.1016/ j.ijlp.2011.04.001 Anderson, A. L., & Sample, L. (2008). Public awareness and action resulting from sex offender community notification laws. Criminal Justice Policy Review, 19(4), 371-396. American Psychiatric Association. (2013). Diagnostic and statistical manual of mental dis- orders (5th ed.). Washington, DC: Author. Barth, R. P., Gilmore, G. C., Flynn, M. S., Fraser, M. W., & Brekke, J. S. (2014). The American Academy of Social Work and Social Welfare History and Grand Challenges. Research on Social Work Practice, 24(4), 495-500. doi:l0.1177 / 1049731514527801 Broward County Commission. (2009). Final report: Sexual offender & sexual predator residence task force. Fort Lauderdale, FL. Available at: http://www.floridaatsa.com/ Final_ Report_ -_Sexual_ Offender_ Sexual_ Residence_ Task _Force. pdf Bureau of Justice Statistics. (2000). Sexual assault of young children as reported to law enforcement: Victim, incident, and offender characteristics (NCJ 182990). Washington, DC. Retrieved from http://www.bjs.gov/content/pub/pdf/saycrle.pdf Bureau of Justice Statistics. (2003). Recidivism of sex offenders released from prison in 1994 (NCJ 198281). Washington, DC. Retrieved from http://www.bjs.gov/content/pub/pdf/ rsorp94.pdf Bureau of Justice Statistics. (2010). National crime victimization survey (NCJ 210674). Washington, DC. Retrieved from http://www.bjs.gov/content/pub/pdf/cvlO.pdf California Sex Offender Management Board. (2008). Homelessness among registered sex offender in California: The numbers, the risks, and the response. Sacramento, CA. Retrieved from http://www.cdcr.ca.gov/parole/sex_ off ender _facts/docs _som b/housing_ 2008_rev.pdf California Sex Offender Management Board. (2011). Homelessness among California's sex offenders. Sacramento, CA. Retrieved from http://www.casomb.org/docs/Residence_ Paper_Final.pdf Colombino, N., Mercado, C. C., Levenson, J. S., & Jeglic, E. L. (2011). Preventing sexual violence: Can examination of offense location inform sex crime policy? International Journal of Psychiatry and Law, 34(3), 160-167. doi:l0.1016/j.ijlp.2011. 04.002 Colorado Department of Public Safety. (2004). Report on safety issues raised by living arrangements for and location of sex offenders in the community. Retrieved from Denver, CO: http://dcj.state.eo.us/ors/pdf/docs/FullSLAFinal.pdf Cortes, K., Rogers, S., & Center, J. (2010). Reentry housing options: The policymakers' guide. Council of State Governments. Available at: https://csgjusticecenter.org/reentry/publica tions/reentry-housing-options-the-policymakers-guide-2/ Durose, M. R., Cooper, A. D., & Snyder, H. N. (2014). Recidivism of prisoners released in 30 states in 2005: Patterns from 2005 to 2010. Washington, DC: Bureau of Justice Statistics. Oownlo-*I from jsw.sagepub.com at BARRY UNIV on June 30, 2016 12 Journal of Social Work 0(0) Duwe, G., Donnay, W., & Tewksbury, R. (2008). Does residential proximity matter? A geographic analysis of sex offense recidivism. Criminal Justice and Behavior, 35(4), 484-504. doi: I 0. I 177 /0093854807313690 Epperson, M . W ., Roberts , L. E ., Ivanoff, A., Tripodi, S. J., & Gilmer, C. N. (2013). To what extent is criminal justice content specifically addressed in MSW programs? Journal of Social Work Education, 49(1), 96-107. doi:l0.1080/10437797 .2013 .755384 FATSA. (2015). Report to Florida Office of Public Policy and Government Accountability. Florida Association for the Treatment of Sexual Abusers. Retrieved from http:// www.floridaatsa.com/2015_FATSA_report_to_OPPAGA.pdf Finkelhor. D., Hammer, H., & Sedlack, A. J. (2002). Nonfamily abducted children: National estimates and characteristics. Retrieved from https://www.ncjrs .gov /pdffilesl / ojjdp /196467.pdf Goldberg, B. (2015). Tide turns against US residence restrictions on sex offenders. Reuters, Retrieved from https://bangordailynews.com /2015 /2011 /2011 /news /nation/tide-turns- against-us-residency-restrictions-on-sex-offenders/ Goode, E., & Ben-Yehuda, N. (1994). Moral panics: Culture, politics, and social construc- tion. Annual Review of Sociology, 20, 149-171. doi:l0.1146/annurev .so.20.080194.001053 Grady, M. D., & Abramson, J. M. (2011). Has social work heeded the call? Sex offender content in social work. Social Work Education , 30(04), 44-0-453. doi:l0.1080/ 026154 79 .2010.500659 Guin, C. C., Noble, D. N., & Merrill, T . S. (2003). From misery to mission: Forensic social workers on multidisciplinary mitigation teams. Social Work , 48(3), 362-371. doi:l0.1093/ sw /48.3.362 Hanson, R. K., & Bussiere, M. T. (1998). Predicting relapse: A meta-analysis of sexual offender recidivism studies . Journal of Consulting and Clinical Psychology , 66(2), 348-362. doi:http://dx.doi.org/l 0.1037 /0022-006X.66 .2.348 Hanson, R. K., Harris, A. J., Helmus, L., & Thornton, D. (2014). High-risk sex offenders may not be high risk forever. Journal of Interpersonal Violence, 29(15), 2792-2813. doi:08862605 l 4526062 Hanson, R. K., & Morton-Bourgon, K. (2005). The characteristics of persistent sexual offenders: A meta-analysis of recidivism studies. Journal of Consulting and Clinical Psychology, 73(6), 1154-1163. doi:http://dx.doi.org/10.1037/0022-006X.73.6. l 154 Harris, A. J., Levenson, J. S., & Ackerman, A. R. (2012). Registered Sex Offenders in the United States: Behind the numbers. Crime and Delinquency , 60, 3-33. doi: 10.1177 / 0011128712443179 Harris, A. J. R., & Hanson, R. K. (2004). Sex offender recidivism: A simple question (2004-03). Ottawa. Retrieved from http://www.static99.org/pdfdocs /harrisandhanson 2004simpleq . pdf Harris, A. J. R., & Hanson, R. K . (2012). When is a sex offender no longer a sex offender? Paper presented at the 31st Annual Research and Treatment Conference of the Association for the Treatment of Sexual Abusers, Denver, CO, 19 October 2012 . Helmus, L., Hanson, R. K., Thornton, D., Babchishin, K. M., & Harris, A. J. (2012). Absolute recidivism rates predicted by Static-99R and Static-2002R sex offender risk assessment tools vary across samples a meta-analysis. Criminal Justice and Behavior, 39(9), 1148-1171. doi: 10.1177 /0093854812443648 Henwood, B. F., Wenzel , S. L., Mangano, P. F ., Hombs, M., Padgett, D. K ., Byrne, T ., ... Uretsky, M. C . (2015). The grand challenge of ending homelessness . Downloaded from jsw.sagepub.com at BARRY UNN on June 30, 2016 Levenson 13 American Academy of Social Work and Social Welfare. http://aaswsw.org/grand- challenges-initiative/12-challenges/end-homelessness/ Huebner, B. M., Bynum, T. S., Rydberg, J., Kras, K ., Grommon, E., & Pleggenkuhle, B. (2013). An evaluation of sex offender residency restrictions in Michigan and Missouri. https://www.ncjrs.gov/pdffiles I /nij/ grants/2429 52. pdf Huebner, B. M., Kras, K. R., Rydberg, J., Bynum, T. S., Grommon, E., & Pleggenkuhle, B. (2014). The effect and implications of sex offender residence restrictions. Criminology and Public Policy, 13(1), 139-168. doi:I0.1111/1745-9133.12066 Iowa County Attorneys Association. (2006). Statement on sex offender residency restrictions in Iowa. Retrieved from http://www.csom.org/pubs/lowa%20DAs%20Association_ Sex%200ffender%20Residency%20Statement%20Dec%20 l 1 %2006. pdf Kemsmith, P. D., Comartin, E., Craun, S. W., & Kernsmith, R. M. (2009). The relationship bewteen sex offender registry utilization and awareness. Sexual Abuse: A Journal of Research and Treatment, 21(2), 181-193 . Kingston, D. A., Firestone, P., Moulden, H., & Bradford, J. M. (2007). The utility of the diagnosis of pedophilia: A comparison of various classification procedures. Archives of Sexual Behavior, 36(3), 423-436. doi:l0.1007/sl0508-006-9091-x Lane, M. B. (2007). Sex-offender ghettos. Columbus Dispatch. Retrieved from http:// www.dispatch.com/content/stories/local/2007/10/07/sexoff.new.ART_ART_J0-07-07_ Al_8884374.html Larkin, H., Felitti, V. J., & Anda, R. F. (2014). Social work and adverse childhood experi- ences research: Implications for practice and health policy. Social Work in Public Health, 29, 1-16. doi:I0.1080/19371918.2011.619433 Levenson, J. S. (2008). Collateral consequences of sex offender residence restrictions. Criminal Justice Studies, 21(2), 153-166. doi:I0.1080/14786010802159822 Levenson, J . S. (2015). Does a 19 year old's mistake merit sex offender status? Retrieved from http://www.cnn.com/2015 /08/06/opinions/levenson-sex-off ender-registry-reform/ Levenson, J. S., Ackerman, A. R., & Harris, A. J. (2013). Catch me if you can: An analysis of fugitive sex offenders. Sexual Abuse: Journal of Research and Treatment, 26(2), 129-148. doi: l 0. l l 77 / l 079063213480820 Levenson, J. S., Ackerman, A. R., Socia, K. M., & Harris, A. J. (2015). Where for art thou? Transient sex offenders and residence restrictions. Criminal Justice Policy Review, 26(4), 319-344. doi: 10.1177 /0887403413512326 Levenson, J. S., Brannon, Y., Fortney, T., & Baker, J. (2007). Public perceptions about sex offenders and community protection policies. Analyses of Social Issues and Public Policy, 7(1 ), 137-161. doi: 10.1111 /j.1530-2415.2007.00119.x Levenson, J. S., & Cotter, L. P. (2005). The impact of sex offender residence restrictions: 1,000 feet from danger or one step from absurd? International Journal of Offender Therapy and Comparative Criminology, 49(2), 168-178. doi:l0.1177/0306624X04271304 Lobanov-Rostovsky, C. (2015). Adult Sex Offender Management . Retrieved from http:// www.smart.gov/pdf s/ AdultSexOff enderManagement. pdf Levenson, J. S., & Hern, A. (2007). Sex offender residence restrictions: Unintended conse- quences and community re-entry. Justice Research and Policy, 9(1), 59-73. doi:I0.3818/ JRP.9.l.2007.59 Maruna, S., LeBel, T. P., Mitchell, N., & Naples, M. (2004). Pygmalion in the reintegration process: Desistance from crime through the looking glass. Psychology, Crime and Law, 10(3), 271-281. doi:I0.1080/10683160410001662762 Downloaded from jsw.sagepub.corn at BARRY UNIV on Jme 30, 2016 14 journal of Social Work 0(0) Maschi, T., & Killian, M. L. (2011). The evolution of forensic social work in the United States: Implications for 21st century practice. Journal of Forensic Social Work, l(l), 8-36. doi: 10 .1080/l 936928X.2011.541198 Meloy, M., Boatwright, J., & Curtis, K. (2013). Views from the top and bottom: Lawmakers and practitioners discuss sex offender laws. American Journal of Criminal Justice, 38(4), 616--638. doi: 10.1007/s12103-012-9189-8 Meloy, M., Miller, S. L., & Curtis, K. M. (2008). Making sense out of nonsense: The deconstruction of state-level sex offender residence restrictions. American Journal of Criminal Justice, 33(2), 209--222. doi:l0.1007/sl2103-008-9042-2 Mercado, C. C., Alvarez, S., & Levenson, J . S. (2008). The impact of specialized sex offender legislation on community re-entry. Sexual Abuse: A Journal of Research and Treatment, 20(2), 188-205. doi:I0.1177/1079063208317540 Merton, R. K. (1936). The unanticipated consequences of purposive social action. American Sociological Review, 1(6), 894--904. doi:http://www.jstor.org/stable/2084615 Miami Herald. (2008). For sexual predators, it's a camp of isolation. Miami Herald, April 8, Al Mogavero , M. C., & Kennedy, L. W. (2015). The social and geographic patterns of sexual offending: Is sex offender residence restriction legislation practical? Victims and Offenders, II, 1-33. doi : 10.1080/15564886.2015 .1084962. National Association of Social Workers. (2008). NASW code of ethics. Washington, DC: NASW . National Center for Missing and Exploited Children . (2015). Trends in attempted abduc- tions. Retrieved from http://www.missingkids.com/ AttemptedAbductions NAESV. (2006). Community management of convicted sex offenders: Registration, electro- nic monitoring, civil commitment, mandatory minimums, and residency restrictions. Retrieved from www.naesv.org Nobles, M. R., Levenson , J. S., & Youstin, T. J. (2012). Effectiveness of residence restric- tions in preventing sex offense recidivism. Crime and Delinquency, 58(4), 491-513. doi: 10.1177/0011128712449230 Petersilia , J. (2003). When prisoners come home: Parole and prisoner reentry. New York, NY: Oxford University Press. Petersilia, J., & Cullen, F. T. (2015). Liberal but not stupid: Meeting the promise of down- sizing prisons. Stanford Journal of Criminal Law and Policy, 2(1), 1-43. doi:http:// dx.doi .org/ I 0.2139 /ssm.2458024 Pettus-Davis, C., & Epperson, M. W. (2015). From mass incarceration to smart decarceration. American Academy of Social Work and Social Welfare. Retrieved from http://aaswsw.org/ wp-content/uploads/20 I 5/03 /From-Mass-Incarceration-to-Decarceration-3.24.15. pdf Red Bird, B. (2009). Assessing housing availability under Ohio's sex offender residency restric- tions. Retrieved from Columbus, OH. Robbins, S. P., Vaughan-Eden, V., & Maschi, T. (2015). From the editor-It's not CSI: The importance of forensics for social work education. Journal of Social Work Education, 51(3), 421-424. doi:I0.1080/10437797.2015.1046341 Roman, C. G., & Travis, J. (2004). Taking stock: Housing, homelessness, and prisoner reentry. Retrieved from http://www.urban.org/sites/default/files/alfresco/publication- pdfs/411096-Taking-Stock.PDF Roots, R . I. (2004). When laws backfire: Unintended consequences of public policy. American Behavioral Scientist, 47(1 I), 1376-1394. doi: 10.1177 /0002764204265339 Downloaded from jsw.sagepub.com at BARRY UNIV an June 30, 2016 Levenson 15 Rydberg, J ., Grommon, E., Huebner, B. M., & Bynum, T. (2014). The effect of statewide residency restrictions on sex offender post-release housing mobility. Justice Quarterly, 31(2), 421-444. doi:l0.1080/07418825.2012.667141 Saleebey , D. (2011). Some basic ideas about the strengths perspective. In F. J. Turner (Ed .). Social work treatment: Interlocking theoretical approaches (pp. 477--485). New York, NY: Oxford University Press . Sample, L. L., & Bray, T. M. (2006). Are sex offenders different? An examination of rearrest patterns. Criminal Justice Policy Review, 17(1), 83-102. doi:l0.1177/0887403405282916 Sample, L. L., & Kadleck, C. (2008). Sex offender laws: Legislators' accounts of the need for policy. Criminal Justice Policy Review , 19(1), 40-62. doi: 10.1177 /0887403407308292 Scheyett, A., Pettus-Davis, C., Mccarter, S., & Brigham, R . (2012). Social work and crim- inal justice: Are we meeting in the field? Journal of Teaching in Social Work , 32( 4), 438-450. doi: 10.1080/08841233.2012.705241 Schulenberg, J. L. (2007). Predicting noncompliant behavior: Disparities in the social loca- tions of male and female probationers. Justice Research and Policy, 9(1), 25-57 . doi: 10.3818 /JRP.9. l .2007.25 Seto, M. C. (2008). Pedophilia and sexual offending against children: Theory, assessment, and intervention. Washington DC: American Psychological Association. Sheehan, R. (2012). Forensic social work: A distinctive framework for intervention. Social Work in Mental Health , 10(5), 409--425 . doi :I0.1080/15332985.2012.678571 Skipp, C., & Campo-Flores, A. (2009). A bridge too far. Newsweek , August 2 , 46-51 Socia, K. M. (2012). The implementation of county residence restrictions in New York . Psychology, Public Policy, and Law, 18(2), 206-230. doi:l0.1037/a0024993 Socia, K . M. (2013). Too close for comfort? Registered sex offender spatial clustering and recidivistic sex crime arrest rates. Sexual Abuse: A Journal of Research and Treatment , 25(6), 531-556. doi:l0.1177/1079063212469061 Socia, K. M., Levenson, J . S., Ackerman, A. R., & Harris, A. J. (2015). "Brothers under the bridge": Factors influencing the transience of registered sex offenders in Florida. Sexual Abuse: A Journal of Research and Treatment, 27, 559-586. doi:l0.1177/1079063214521472 Steiner, B., Makarios, M. D., & Travis, L. F . (2015). Examining the effects of residential situations and residential mobility on offender recidivism . Crime and Delinquency, 61(3), 375-401. doi: 10.1177 /0011128711399409 Tewksbury, R., & Mustaine, E. (2009). Stress and collateral consequences for registered sex offenders. Journal of Public Management and Social Policy, 15(2), 215-239. Uehara, E., Flynn, M., Fong, R., Brekke, J ., Barth, R. P., Coulton, C., ... Lubben , J . (2013 ). Grand challenges for social work. Journal of the Society for Social Work and Research, 4(3), 165-170. doi: 10.5243 /jsswr.2013.11 Uggen, C., Manza, J., & Behrens, A. (2004). Less than the average citizen: Stigma, role transition, and the civic reintegration of convicted felons . In S. Maruna, & R. Immarigeon (Eds), After crime and punishment: Pathways to offender reintegration (pp. 261-293). Devon, UK: Willan Publishing. United States Interagency Council on Homelessness. (2010). Opening doors: Federal stra- tegic plan to prevent and end homelessness . Washington DC: US Interagency Council on Homelessness. Wilson, R. J., Cortoni, F., & McWhinnie, A . J. (2009). Circles of support & accountability: A Canadian national replication of outcome findings. Sexual Abuse: A Journal of Research and Treatment, 21(4), 412-430. doi:I0.1177/1079063209347724 Downloaded from jsw.sagepub.com at BARRY UNIV on June 30, 2016 16 Journal of Social Work 0(0) Zandbergen, P., & Hart, T. (2009). Availability and spatial distribution of affordable hous- ing in Miami-Dade County and implications of residency restriction zones for registered sex offenders. Retrieved from http://www.aclufl.org/pdfs/SORRStudy .pdf Zandbergen, P., & Hart, T . C. (2006). Reducing housing options for convicted sex offenders: Investigating the impact of residency restriction laws using GIS. Justice Research and Policy, 8(2), 1-24. doi : I 0 .38 I 8/JRP.8.2.2006 .1 Zandbergen, P., Levenson, J. S., & Hart, T. (2010). Residential proximity to schools and daycares: An empirical analysis of sex offense recidivism. Criminal Justice and Behavior, 37(5), 482-502. doi: 10.1177 /0093854810363549 Zgoba, K., Levenson, J. S., & McKee, T . (2009). Examining the impact of sex offender residence restrictions on housing availability . Criminal Justice Policy Review, 20, 91-110. doi : 10.1177 /0887403408322119 Zgoba, K., Miner, M., Levenson, J . S ., Knight, R., Letourneau, E., & Thornton, D. (2015). The Adam Walsh Act: An examination of sex offender risk classification systems. Sexual A buse: A Journal of Research and Treatment, doi:1079063215569543. Downloaded from jsw.sagepub.com at BARRY UNIV on June 30, 2016 Sexual Offender Residence Restrictions Approved by the A TSA Executive Board of Directors on August 2, 2014 MAKING SOCIETY SAFER ATSA supports evidence-based public policy and practice. Research consistently shows that residence restrictions do not reduce sexual reoffendlng or increase community safety. In fact, these laws often create more problems than they solve, including homelessness, transience, and clustering of disproportionate numbers of offenders in areas outside of restricted zones. Housing Instability can exacerbate risk factors for reoffending. Therefore, in the absence of evidence that these laws accomplish goals of child protection, A TSA does not support the use of residence restrictions as a feasible strategy for sex offender management. Definition A state law (or local ordinance) restricting where individuals convicted of sexual crimes can live. Examples Include 500 to 2,500 feet from places where children/minors might congregate, such as schools, playgrounds, day cares, par1cs, and recreation centers. Sometimes this restriction also includes bus stops or other areas where children may or may not be present. Some states limit the restriction to only those sexual offenders who are convicted of the most serious offenses, offend against minors, or are identified as high risk for reoffense, whlle others apply the law more broadly to all sexual offenders. States also vary in the application of residence restrictions to youth adjudicated for sexual crimes. Adolescents who engage in sexually abusive behavior are not "mini-adults" and a sufficient number of studies now exist that show the majority of these youth do not continue to sexually offend nor are they on a life path for repeat offending. Appllcatlon of residence restrictions to youth adjudicated for sexual crimes creates a variety of dlfftculties as these youth are also children -applying broad policies designed to llmlt their ability to live near and associate with other children unnecessarily restricts their access to normative prosocial and developmental opportunities. Due to the llmlted research on the application of residence restrictions for youth, the focus of this paper is on adults convicted of sexual crimes. Background Beginning in the mid 1990's, the emergence of registration and notification laws and the Increased availability of public infonnation on the Internet resulted In the general public Sound Research I Informed Policy I Effective Practice Association for the Treatment of Sexual Abusers Phone: 503.643.10231 atsa@atsa.com I www.atsa.com becoming more aware of convicted sexual offenders living In their neighborhoods. This led to the notion that laws restricting such persons from living within close proximity to areas where children congregate would Increase community safety. Application At least 30 states and hundreds of cities have Implemented some fonn of residence restrictions. In some jurisdictions, court challenges to the constitutionality of residence restrictions have resulted in these laws being overturned. Current Research Highlights The intent of residence restrictions is to prevent stranger sexual recidivism. However, research has Indicated that the majority of sexual abuse is perpetrated by someone known to the victim, such as a family member, acquaintance, teacher, coach or friend. According to the US Bureau of Justice Statistics (Snyder, 2000), 93% of children were sexually abused by someone known to them, such as a family member or acquaintance, with approximately 7'l, being victimized by a stranger. Sexual abuse also more often occurs In either the victim's home or the home of someone known to the victim -approximately 60% of .offenses take place In the victim's home or the home of someone known to them (Bureau of Justice Statistics, 1997). Therefore, pollcles based on •stranger danger" do not adequately address the reality of sexual abuse. Additionally, for offenders on community supervision or those returning to the community after a period of incarceration, residence restrictions often have the unintended consequence of creating obstacles to community reentry that may actually compromise, rather than promote, public safety. Research shows that residing close to schools or daycare centers does not increase risk to sexually reoffend Zandbergen, Levenson and Hart (2010) compared the proximity of recidivists and non-recidivists to schools and daycares (N = 330) In Florida. Those who lived within 1,000, 1,500, or 2,500 feet of schools or daycare centers did not reoffend more frequently than those who lived farther away. The Minnesota Department of Corrections (2007) Investigated the characteristics of 224 sexual reoffense crimes and the authors concluded that residence restrictions would not have prevented even one re-offense. Most of the offenses Involving children were committed not by strangers, but by sexual offenders who were closely aequainted with their victims, such as parents, caretakers; paramours of the mother, babysitters, or friends of the family. The repeat offender was a neighbor of the victim In only about 4% ofthe cases. Sexual assaults that occulTed within a mlle of the offender's residence also typically involved adult victims, and none of the crimes took place In or near a school, daycare center, or park. Additionally, the Colorado Department of Public Safety (2004), using mapping software, found sexual recidivists were not more likely than non-recidivists to live within 1,000 feet of a school or daycare. In ·New Jersey it was found that relatively few sexual offenders (4.4%) met victims in the types of locations designated as off-limits by residential restriction laws (Colomblno, Mercado, Levenson, & Jegllc, 2011). Policies emphasizing residential prox.fmlty to schools and parks may therefore Ignore the empirical reality of sexual abuse patterns, specifically that residence restrictions do not reduce recidivism or Increase community safety. What Promotes Ellectlve Sexual Offender Management? A coordinated system for the management of adult sexual offenders can enhance the safety of the community by facilitating successful offender reintegration, protecting victims, and preventing Mure Incidents of sexual violence. Multi-disciplinary collaboration is Integral to the effective management of adults convicted of sexual crimes and sho.uld include not only the community supervising officer and sexual offense specific treatment provider, but also other coUaborative partners such as community support persons, victim advocates, and other Involved prof8$Slonals. Current research regarding treatment effectiveness suggests (In brief): • Sexual offense specific treatment is an Important component of a comprehensive system to prevent sexual reoffending, and treatment programs that follow the Risk, Need, and Responsivlty principles are associated with lower rates of recidivism than programs that do not, or no treatment at all • Sexual offenders require supportive environments that focus on Improving psychosocial functioning in order to reduce the likelihood of recidivism. Support services should Include access to housing, employment opportunities, prosoclal support persons, mental health treatment, and transportation. Do Residence Restrictions Help or Hinder Offender Reintegration? The unintended consequences of residence restrictions Include transience, homelessness, instability, and other obstacles to community reentry that may actually compromise, rather than promote, public safety. Offenders are often pushed to areas that are more rural (the higher the population density, the more likely neighborhoods include schools, parks, etc.) which often leads to diminished access to specialized treatment and close monitoring by law enforcement professionals, as well as disproportionally clustering offenders in areas with more compliant housing. Employment and housing disruption, as well as separation from supportive and/or dependent family members, can hinder effective treatment and may Interfere with the overall goal of reducing recidivism and re-victimization. In fact, unemployment, unstable housing, and lack of support are associated with increased criminal recidivism. Thus, residence restrictions, aimed at improving community safety may inadvertently create an environment In which offenders are at an increased risk to reoffend. Alternatives Sexual offenders are a diverse group of Individuals who engage in sexually abusive behavior at differing frequencies and for varying reasons. They present with different levels of risk for Mure sexually abusive behavior. Rather than applying a blanket policy that treats all sexual offenders the same, regardless of offense behavior, risk level, or victimization patterns, the subset of sexual offenders who have been identified as high risk to reoffend require more intensive supervision and management strategies. Risk management should be commensurate with the level and type of risk presented by a given sexual offender. Strategies to limit victim access, Including housing restrictions, can be applied by a supervising officer and treatment provider on an Individual basis. Risk assessment and individualized case management plans, close monitoring, and social support systems incorporating community engagement and responsibility are viable attematlve components of an effective management system. Conclusions ATSA does not support the use of residence restriction laws as a sex offender management strategy. Sexual abuse Is most llkely to occur within a pre-existing relationship between the sexual offender and the victim, and there Is no evidence that resldentlal proximity to schools, playgrounds, day cares, parks, and recreation centers Increases sexual reoffendlng. There Is no research to support the effectiveness of residence restrictions In reducing sexual recidivism and these types of policies often have the unintended consequence that may compromise, rather than promote, public safety. The prevention of sexual abuse requires a well-planned, comprehensive, interdisciplinary response founded on evidence based strategies and pollcles that both protect communities and support the rehabilitation of offenders. It Is therefore recommended that states and local Jurisdictions seek effective methods to manage sexual offender risk while providing services that facilitate successful reintegration. Additional Resources https://www.doc.ks.gov/publications/kdoc-community-field-services-publications/sex- offender-housing-restrictions http://www.library.ca.gov/crb/06/08/06-008.pdf Sexual Offender Residence Restrictions An Abridged Bibliography* MAKING SOCIETY SAFER History and Implementation of residence restrictions In the United States Bain, C. (2007). Next-Generation Sex Offender Statutes: Constitutional Challenges to Residency, Work, and Loitering Restrictions. Harvard Civil Rights-Civil Liberties Law Review, 42, 483-501. CALCASA. (2006). Opposition to California's Jessica Lunsford Act, from www.calcasa.org Doe v. Miller, 405 F. 3d 700 (8th Circuit 2005). Doe v. Miller and White (U.S. District Court, Southern District of Iowa 2004). Kansas Sex Offender Polley Board. (2007). Annual report. Topeka: Kansas Criminal Justice Coordinating Council. Levenson, J. S., Zgoba, K., & Tewksbury, R. (2007). Sex offender residence restrictions: Sensible crime policy or flawed logic? Federal Probation, n, 2-9. Mann v. Georgia Department of Corrections et al. (Supreme Court of Georgia 2007). Meloy, M. L, Miiier, s. L, & Curtis, K. M. (2008). Making Sense Out of Nonsense: The Deconstruction of State-Level Sex Offender Residence Restrictions. American Journal of Criminal Justice, 33(2), 209-222. NAESV. (2006~ Community management of convicted sex offenders: Registration, electronic monitoring, civll commitment, mandatory minimums, and residency restrictions. Retrieved 412106, from www.endsexualviolence.org Nieto, M., & Jung, D. (2006). The Impact of residency restrictions on sex offenders and correctional management practices: A literature review. Sacramento, CA: California Research Bureau. State v. Seering, No. 34 / 03-0776 Oowa supreme Court 2005). Public and Legislator Perceptions Bain, C. (2007). Next-Generation Sex Offender Statutes: Constitutional Challenges to Residency, Work, and Loitering Restrictions. Harvard Civil Rights-Civil Uberlies Law Review, 42, 483-501. Fortney, T., Levenson, J. S., Brannon, Y., & Baker, J. (2007). Myths and Facts about sex offenders: lmpllcatlons for practice and public policy. Sex Offender Treatment, 2, 1-17. Levenson, J. S., Brannon, Y., Fortney, T., & Baker, J. (2007). Public perceptions about sex offenders and community protection policies. Analyses of Social Issues and Public Policy, 7, 1-25. Sample, L L, & Kadleck, C. (2008). Sex Offender Laws: Legislators' Accounts of the Need for Policy. Criminal Justice Policy Review, 19, 40-62. Effectlvenessof ResidenceRestrlctlons Colorado Department of Public Safety. (2004). Report on safety Issues raised by living arrangements for and location of sex offenders In the community. Denver, CO: Sex Offender Management Board. Duwe, G., Donnay, W., & Tewksbury, R. (2008). Does residential proximity matter? A geographic analysis of sex offense recidivism. Criminal Justice and Behavior, 35, 484- 504. Minnesota Department of Corrections. (2003). Leve/ three sex offenders residential placement issues. St. Paul: author. Minnesota Department of Corrections. (2007). Residential proximity and sex offense recidivism in Minnesota. St. Paul, MN: MN Department of Corrections. Nobles, M. R., Levenson, J. S., & Youstin, T. J. (2012). Effectiveness of Residence Restrictions in Preventing Sex Offense Recidivism. Crime and Delinquency, 58(4), 491-513. Zandbergen, P., Levenson, J. S., & Hart, T. (2010). Residential proximity to schools and daycares: An empirical analysis of sex offense recidivism. Criminal Justice and Behavior, 37{5), 482- 502. Housing Availability and Placement of Sex Offenders Barnes, J.C., Dukes, T., Tewksbury, R., & De Troye, T. (2008). Predicting the Impact of a Statewide Residence Restriction Law on South carolina Sex Offenders. Criminal Justice Policy Review, Online First (dol:l0.1177/0887403408320842). Chajewskl, M., a Mercardo, C. C. (2008). An analysis of sex offender residency restrictions In Newark, New Jersey. Sex offender law report, 9, 1-6. Colombino, N., Mercado, C. C., Levenson, J. S., & Jeglic, E. L (2011). Preventing sexual violence: Can examination of offense location Inform sex crime policy? International Journal of Psychiatry and Law, doi:10.1016/j.ijlp2011.04.002. Levenson, J. S., Ackerman, A. R., Socia, K. M., & Hams, A. J. (2013). Where for Art Thou? Transient Sex Offenders and Residence Restrictions. Criminal Justice Policy Review, 0887403413512326. Mustalne, E. E., Tewksbury, R., & Stengel, K. M. (2006). Residential location and mobility of registered sex offenders. American Journal of Criminal Justice, 30, 177-192. SOCla, K. M., Levenson, J. S., Ackerman, A. R., & Harris, A. J. (2014). • Brothers Under the Bridge-: Factors Influencing the Transience of Registered Sex Offenders In Florida. Sexual abuse: a journal of research and treatment, 1079063214521472. Tewksbury, R., & Mustaine, E. (2008). Where Registered Sex Offenders Live: Community Characteristics and Proximity to Possible Victims. Victims and Offenders, 3, 86-98. Tewksbury, R., Mustaine, E., & Stengel, K. M. (2008). Examining Rates of Sexual Offenses from a Routine Activities Perspective Victims and Offenders, 3, 75-85. Tewksbury, R., & Mustaine, E. E. (2006). Where to find sex offenders: An examination of residential locations and neighborhood conditions. Criminal Justice Studies, 19, 61-75. Walker, J. T., Golden, J. W., & VanHouten, A. C. (2001). The Geographic Link Between Sex Offenders and Potential Victims: A Routine Activities Approach. Justice Research and Policy, 3, 15-33. Zandl>ergen, P. A., & Hart, T. C. (2006). Reducing housing options for convicted sex offenders: Investigating the Impact of residency restriction laws using GIS. Justice Research and Policy, 8, 1-24. Zgoba, K., Levenson, J. S., & McKee, T. (2008). Examining the Impact of Sex Offender Residence Restrictions on Mousing Availability. Criminal Justice Policy Review, Online First (00110.1177/0887403408322119). Criminal Re-entry, Housing Instability, and Recidivism Andrews, D. A., & Bonta, J. (2003). The psychology of criminal conduct (3rd ed.). Cincinnati, OH: Anderson Publishing. Blandford, A.M. & Osher, F. (2013). Transition of People with Behavioral Health Disorders from Jail and Prison. Delmar, NY: SAMHSA'S GAINS Center for Behavioral Health and Justice Transformation. Council of State Governments. (2010). Sex Offender Management Policy in the States. New York: Author. Daly, R. (2008). Treatment and Reentry Practices for Sex Offenders: An Overview of States. New York: Vera Institute of Justice. 7 Hanson, R. K., & Harris, A. J. R. (1998). Dynamic predictors of sexual recidivism (No. 1998-01). Ottawa: Department of the Solicitor General of Canada. La Vigne, N., Visher, C., & Castro, J. (2004). Chicago Prisoners' Experiences Returning Home. Washington, DC: Urban Institute. Laub, J. H., & Sampson, R. J. (2001). Understanding desistance from crime. Crime and Justice, 28, 1-69. Lutze, F.E., Rosky, J.W, & Hamilton, Z.K. (2014). Homelessness and reentry: A multlstte outcome evaluation of Washington state's reentry housing program for high risk offenders. Criminal Justice & Behavior, 41(4), 4n-497. Meredith, T., Speir, J., Johnson, S., & Hull, H. (2003J. Enhancing Parole Decision-Making through the Automation of Risk Assessment. Atlanta: Applied Research Services, Inc. Nelson, M., Deess, P., & Allen, C. (1999). The First Month Out: Post-Incarceration Experiences in New York City. New York: Vera Institute of Justice. Petersllla, J. (2003). When Prisoners Come Home: Parole and prisoner reentry. New York, NY: Oxford University Press. Schulenberg, J. L (2007). Predicting noncompllant behavior: Disparities In the social locations of male and female probationers. Justice Research and Policy, 9, 25-57. Travis, J. (2005). But the all come back: Facing the challenges of prisoner reentry. Washington, D.C.: Urban Institute Press. Velaquez, T. (2008). The Pursuit of Safety: Sex Offender Policy in the United States. New York: Vera Institute of Justice. Williams, F. P., McShane, M. D., & Dolny, M. H. (2000). Predicting parole absconders. Prison Journal, 80, 24-38. Unintended consequences Iowa County Attorneys Association. (2006). Statement on sex offender residency restrictions in Iowa. Des Moines: Author. Levenson, J. s. (2008). Collateral consequences of sex offender residence restrictions. Criminal Justice Studies, 27(2), 153-166. Levenson, J. S., & Cotter, L P. (2005). The impact of sex offender residence restrictions: 1,000 feet from danger or one step from absurd? International Journal of Offender Therapy and Comparative Criminology, 49, 168-178. Levenson, J. S. & 0' Amora. D. (200n. Social policies designed to prevent sexual violence: The emperor's new clothes? Criminal Justice Policy Review, 78, 168-199. 8 Levenson, J. S., & Hem, A. (2007). Sex offender residence restrictions: Unintended consequences and community re-entry. Justice Research and Policy, 9, 59-73. Mercardo, C. C., Alvarez, S., & Levenson, J. S. (2008). The impact of specialized sex offender legislation on community re-entry. Sexual Abuse: A Journal of Research & Treatment. NAESV. (2006). Community management of convicted sex offenders: Registration, electronic monitoring, civil commitment, mandatory minimums, and residency restrictions. Retrieved 4/'2106, from www.endsexualviolence.org Tewksbury, R. (2007). Exile at home: The unintended collateral consequences of sex offender residency restrictions. Harvard Civil Rights-Civil Liberties Law Review, 42, 531-541. Recommended Reading: Duwe, G., Donnay, W., & Tewksbury, R. (2008). Does residential proximity matter? A geographic analysts of sex offense recidivism. Criminal Justice and Behavior, 35, 484- 504. http://cib.sagepub.com/cgi/reprint/35/4/484?ijkey=ONLWYYZbhMfU&keytype=ref&sit eid=spcjb Iowa County Attorneys Association. (2006). Statement on sex offender residency restrictions in Iowa. Des Moines: Author. Levenson, J. S., Zgoba, K., & Tewksbury, R. (2007). Sex offender residence restrictions: Sensible crime policy or flawed logic? Federal Probation, 71(3), 2-9. 9 July 21, 2016 Mr. Ryan Burch, Parole Officer Division of Adult Parole-Englewood Parole 3642 S. Galapago St. Denver, CO 80110 RE: BROCKHAUSEN, Brian DOB: 1.14.1977 DOC#: 121348 Dear Mr. Burch and the members of the parole board, ASSESSMENT lREATMENT TRAINING CONSULTATION PROGRAM DESIGN This letter is to notify you of Mr. Brian Brockhausen's current status in the RSA treatment program in relation to the request he be granted a reduction of°his current parole supervision. Mr. Brockhausen completed an intake in March of 2014 with this agency after having been granted parole and transitioned home to live with .his brother. At the time of intake, Mr. Brockhausen was accountable for his behaviors, appeared motivated for community based treatment, and was subsequently determined to be appropriate for acceptance into the RSA treatment program. He signed treatment contracts on March 26, 2014 and began attending group and individual sessions at that time. Mr. Brockhausen has been fully compliant while at this agency with his attendance, required assessments, and participation while in offense specific treatment. He has shown an ability to give feedback to others, utilize his treatment tools, and honestly share in regards to issues he is experiencing. Furthermore, he has shown a willingness to utilize treatment and supervision as a support system. Throughout his duration of time at RSA, Inc., Mr. Brockhausen has focused Qn core issues related to healthy intimacy and relationships, open communication and accountability, empathy, conflict resolution and assertiveness, and utilizing coping responses to manage triggers and high risk situations. He has successfully completed his personalized relapse prevention plan and progressed into the aftercare component of the RSA treatment program in June of 2015. While placed in aftercare, Mr. Brockhausen exhibited with some deficits related to empathy. In September of 2016, he was placed back in specific treatment modules to therapeutically address these issues and subsequently completed all requirements. Mr. Brockhausen progressed back into aftercare in May of2016. In regards to assessments, Mr. Brockhausen has undergone eight monitoring polygraph assessments since beginning treatment at RSA. He produced deceptive responses to four of these assessments, non-deceptive and inconclusive responses on one of these assessments, and . non-deceptive responses to two of these assessments. Mr. Brockhausen's most recent monitoring polygraph assessments was dated May 5, 2016 and was non-deceptive. It is important to note that Mr. Brockhausen subsequently cleared up the results to all four of the deceptive polygraph assessments with no new disclosures. Furthermore, he successfully completed the sexual history polygraph process while in treatment at Arrowhead Correctional Facility. Mr. Brockhausen undeiwent his most recent sexual interest sssessment in November of 2016 and produced an JOHN DA VJS, EXECUTIVE DIR.ECTOR { MISSY GURSKY, CLINICAL DIRECTOR SARAH MARLOW, ASSISTANT CLINICAL DIRF.CTOR 1410 VANCE STREET, SUITE 107 (· LAKEWOOD,COlDRADO 80214 C 303·232-5749 {, FAX 303-232·1715 ASSESSMENT mEATMEM TRAINING CONSULTATION PROGRAM DESIGN appropriate sexual interest profile, which is considered a non-deviant sexual interest pattern. Mr. Brockhausen has built a healthy pro-social support system outside of treatment and has brought several of his friends and family members into treatment sessions to as support people. Mr. Brockhausen exhibits with high levels of stability as evidenced by his steady employment, his ongoing compliance with treatment requirements, and his high level of participation in offense specific treatment. Within risk assessments, Mr. Brockhausen scores in the overall low category within the VASOR-2 and SOTIPS assessments. Therefore, it is the recommendation of this agency, as well as the clinical opinion of this therapist, that Mr. Brockhausen appears to be a good candidate for a reduction in parole supervision, although that decision is best left to the discretion of the parole board. If you have any questions and/or comments, or if I may be of further assistance, please do not hesitate to contact me at 303-232-5749 extension 1121. Np~,~ Na~amed, LCSW . SOMB Full Operating Provider DOC Approved Treatment Provider JOHN DA VIS, EXECUTIVE DIRECTOR ( MISSY GURSKY, CLINICAL DIRECTOR SARAH MARLOW, ASSISTANT CLINICAL DIRECTOR 1410 VANCE STREET, SUITE 107 C LAKEWOOD, COLORADO 80214 C' 303·232-5749 ( FAX 303-232-1715 08/15/16 Englewood City Council Meeting "Englewood Cares and the Sludge is Just Dirt" Part II Dear City Council Members, Because chronic exposure to RADIONUCLIDES {Radon, Uranium, Radium, Gross Alpha and Gross Beta) can pose health risks, the State CDPHE requires that Water Treatment Plants to do RESRAD Residual Disposal Risk Assessments to Demonstrate safety compliance of 25 mrem/yr. RESRAD -Is a computer model designed to estimate radiation Dose and Risk from Residual Radioactive Materials and to demonstrate the residuals does not exceed the Colorado Rules and Regulations pertaining to Radiation Control. The Maximum dose Threshold is 25 Millirems per year {mrem/yr). The last two RESRAD Residuals Disposal Risk Assessments done by Englewood were in 2003 and most recently completed and approved in 2007 {9 years ago). The highest values of Radium 226 and Radium 228 were seen in 2009 and 2010 -exceeding the Municipal Landfill levels in both 2009 and 2010, total Uranium has remained high reaching Hazardous and Radioactive approved Landfill values in 2010 and 2011, and Gross Alpha was higher in 2012 than at any time during 2004 -2011 . Note -3 employees and two employee wives diagnosed with cancer 2012 {2 died 2013), Mr. Kloewer diagnosed with cancer 2013, another employee diagnosed with cancer in 2015 {died in 2016). Exposure is through Direct Contac, Inhalation, and Ingestion . Safety measures have remained relatively unchanged since back when the sludge was low level enough to be used for berms on the gulf course. In 3/28/12 Englewood was denied approval for disposal by CDPHE due to the alarming elevated Radium 226 and Radium 228 values. CDPHE required that Englewood establish the safety of these elevated Radium values declaring -"Department approval for disposal of these materials from this point forward will require documentation demonstrating that the specific concentrations of radium within the residuals will not result in any member of the public {including landfill employees) receiving s dose which exceeds 25 mrem in any one year." "An acceptable demonstration of compliance with the 25 mrem constraint for the first condition would be in the form of an updated set of output files from RESRAD. Englewood never followed through with the States requirement. And the Landfill risk assessments have yet to be approved . So demonstration of Safety of the residuals has not been assessed since 2007 . . - So, I wanted to know just what data the City of Englewood {the City under a claim) and CIRSA {Englewood's liability insurer) sent to this Expert Mr. Gibb to determine the safety of the sludge relative to any cancer risk as claimed by long time AWTP employee Mr. Kloewer -In Lieu of doing a RESRAD Alum Residual Disposal Risk assessment. 07 On 8/00/16 I received, from Lou our City Clerk , the response to my Public Records Request for copies of the data Englewood/Cl RSA sent to Dr. Gibb. I have provided each of you a copy of my Public Records Request, as well as a copy of the 37 pages of documents including Dr. Gibb's three page letter report {including 1 References page). Now we are ready to look at this 37 page set of documents sent to Dr. Gibb to assess cancer risk in lieu of doing an actual RESRAD Alum Residual Disposal Risk Assessment. First -as referenced in paragraph two -totaling 21 pages: a CIRSA {11 PAGES) 2001 Air Samples from just two visits of the sludge press operators work environment -testing for mold, yeast, Nuisance Dust, Chromium, lead and nickel; a CIRSA {6 PAGES) 2004 one Day air sample tests for Yeast and mold following a flood; and a CIRSA (4 PAGES) 2005 one day Air Sample also testing for yeast and mold. A CIRSA 2013, a 5 page report on a one day 8/01/13 Air Sample testing for Benzene, Chromium, Lead, and Hexavalent Chromium, and including a 5 day 08/01/13/-08/05/13 RADON monitor sampling of just two locations -the basement Pump Room and the Sludge Press Operator's office. As Referenced in paragraph three -8 total pages -A CIRSA 2016 07 /06/16 one day Air Sampling test for Dust and Silica around the Sludge Press Operator's work activities; 07 /07 /16 air sampling of chromium and lead; and a 07 /14/16 of dust, quartz, cristobalite, and tridymite. NOT included in the email response but referenced in Dr. Gibb's Assessment paragraph 3 -was the CDPHE Air Monitoring devise installed in DENVER along 1-25 in 2013 . I consider air monitoring from that distance with varying wind direction as insignificant with regards to Radionuclides on site at the Allen Water Treatment Plant. Also NOT provided in the email, but listed on the References page, and partially mentioned in the assessment (in paragraph two) as the 2016 ACZ laboratories sludge test data REGARDING levels of arsenic, cadmium, chromium, lead, mercury, selenium, silver, barium, and Uranium, is the now infamous 2/28/12 COM Smith Report of James M. Lavelle, PH.D: City of Englewood's Allen Water Filtration Plant Residuals Disposal Update. Note -all of you received this directly from Keck/Brennan as your "talking points for any concerned citizens" on 4/01/16. And of which I also have a copy. There was clearly insufficient data provided to Dr. Gibb for an accurate assessment of just about anything (except possibly allergies to the yeast and mold or risk of lung irritation due to silica) let alone cancer risk based on CIRSA limited Air Sampling data for limited specified locations, with Radon mentioned once in 2013, and Uranium mentioned once in 2016. And Dr. Gibb obviously did not do a RESAD risk assessment with any of the 2004 -2011, and 2016 Sludge data (that was provided in the page talking points from Keck and Brennon to all of you on 04/01/2016) Englewood chose not to get an updated RESRAD risk assessment done, and then followed that choice with an empty gesture at seeking an outside cancer risk assessment. "But Englewood Cares, and the Sludge is Just Dirt" Thank you, Kathleen Bailey 4686 S Jason St. Englewood, CO 720-539-1855 kbecology@hotmail.com July 25, 2016 To Whom It May Concern: fhe following is my assessment of the communit) concerns regarding the Allen Filter plant. Water treatment plants across the country. including the Allen plant operated by the City of Englewood, produce a wide variety of waste products in addition to providing safe drinking water. The Environmental Protection Agency (EPA) describes these waste products as sludge. A recent news article on CBS4 indicated that workers at the /\lien plant are concerned that sludge at the facility may be increasing their risk of cancer. ft was also reported that persons in the community have similar concerns. Environmental sampling conducted by the City of Englewood and the Colorado Intergovernmental Risk Sharing Agency (ClRSA) at the Allen plant does not provide any evidence of an increased risk of cancer to workers or the communit). This sampling was performed in 2001 and 2013 and includes both chemical and radiation measurements. Radiation measurements (radon) taken in 2013 at the Allen plant are actually below the average indoor radiation measurement for the United States as a whole and well below the predicted indoor radiation measurement for Arapahoe County. In 2001 and 2013 chemical testing of the air was performed around the sludge loader operation and in front and back of the loader. fhc results showed that levels of l!hromium and other chemicals of concern including lead. nickel. and aluminum. were below occupational safety standards. Testing conducted in January 2016 by ACZ laboratories J'evcaled that levels of arsenic. cadmium. chromium. lead. mercury. selenium, and silver in sludge samples were undetectable. The concentration of barium found in the sludge was less than the concentration of barium allowed in drinking water. Le\ els of uranium were an order of magnitude lower than EPA screening levels for industrial soil. There is also no evidence of a potential problem based on commW1ity air sampling. Air quality, including pa11iculate matter (PM) concentration. is regularly tested by the Colorado Department of Public Health wid l:nvironment (CDPHE). 1 he closest monitoring site to the Allen filter plant is the Dcmer 'l-25 site. The CP/\ describes PM. also known as partick pollution. a~ n mixture of solid panicles and liquid droplets found in the air. h is typically separated into two categories based on particle sile: PM I 0 i.tn<.I PM2.5. PM 10 and PM2.5 have • Gibb Epidemiology Consulting LLC been measured on an hourly basis at the Denver'I-25 site since No\ ember 2013. Averages of the highest daily PM I 0 and 2.5 readings from the I~• and 15'11 days of every month from November 2013 to the present are well below the National Ambient Air Quality Standards. Air sampling perfonned at the Allen filter Plant in July 2016 found levels of total dust well below the OSHA pem1issiblc exposure limit (PEL) of I 0 mg/m 3• Air concentrations or cristobalite and tridymite (different forms of silica) were below the level of detection. Levels of chromium and lead in the air were also well below OSHA standards. In conclusion. there is no evidence of a carcinogenic risk to either \.\Orkers or the community from the operation of the Allen facility. The City. however, should continue to conduct air and sludge sampling at the Allen facility and monitor these results on a regular basis. Sincerely . . ~ Hennan J. Gibb. Ph.D . • Gibb Epidemiology Consulting LLC References Used in This Assessment: ACZ Laboratories, Inc. 2016. Sludge Sampling Results, City of Englewood. Date sampled: January 22, 2016. Date received: February 4, 2016. CDM Smith. 2012. Report of James M. LaVelle. Ph.D., ofCDM Smith . Subject: City of Englewood's Allen Water Filtration Plant Residuals Disposal Update. February 28, 2012. CDPHE. Undated. Colorado Department of Public Health & Environment (CDPHE), Air Quality -Monitoring, Modeling and Data. http:/f\\'\\w.colorado .go\·/airgualitvldefauh .asp:\ CIRSA. 2016. Analytical Report re Sampling at the Allen Filter Plant. July 14, 2016 . City of Englewood Testing Report. Undated. Englewood Allen Filter Plant Air Sampling Results Performed by CIRSA. 2001-2013. EPA. 2016. US Environmental Protection Agency (EPA), Particulate Matter (Pl'v1) Pollution. https://www.epa.gov lpm-oollutio nl particulate-matter-pm-basics#PM EPA. 2016. EPA. Regional Screening Le,·els (RSLs) Generic Tables (May 2016). hups: If www .epa.gov / risk ! regional-scrcening-levds-rsls-generic-tables-ma y-20 16 EPA. 2011. Drinking Water Treatment Plant Residuals Management Technical Report Summar} of Residuals Generation. Treatment, and Disposal at Large Community Waler Systems. September 2011. EPA 820-R-11-003 . Available at: https://wMv.cpa .go\'/site s/nroduction/files /20 I 5-l I 1doc_uments/dw.:lreatment-residuals-ffi!.tmt- tech-report-sept-2011.pdf National Drinking Water Clearinghouse. 1998. Tech Brief. Water Treatment Plant Residuals Management. A National Drinking Water Clearinghouse Fact Sheet. hnp://\\Ww .nesc. wvu .edu/ndfldw/12ublications /onta12 /2009 lb /waler treatment D WFSOM49 .pd f Sallinger R. 2016. Water Treatment Plant Workers Concerned Sludge Is Causing Cancer. CBS4. Available at: http://denver.cbslocal.com/2016 /06 /06 /em!lewood-water-treatment~plam-cancer ' • Gibb Epidemiology Consulting LLC COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY August 8, 2001 Joan Weber, Benefit/Risk Administrator City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Joan: Due to the symptoms experienced by the sludge press operator at the Allen Filter Plant, you contacted me to perform an evaluation of air quality conditions at the sludge press operation. performed air sampling on July 23n1 for bacteria, fungi, dust and metals within the dust. Stan McClung was the sludge press operator on whom sampling was performed for dust and metals. During the period of sampling, Stan was in close proximity to the sludge press, operated controls at the sludge pit, and moved sludge from the drying bed to the stockpile. He stated that the sludge was a little wetter than usual and it was difficult to stir up enough dust for a typical day. He did find one area of dry sludge to "kick up" with his shoes, stirring up some dust. This dust and metal exposure lasted only h\'O hours. The majority of Stan's time is within the sludge press building with occasional trips to the drying bed and the sludge pit up the stairs. Stan mentioned that symptoms have gotten worse since moving into the new building. He feels it may be since the building is so closed up. Sampling and Investigation l\lcthodologv On July 23rd, 2001, I met with Stan to perform air sampling for bacteria, fungi, dust and metals. Air samples were taken at three locations for bacteria and fungi. These three locations were (1) at the bench that is located SW of the sludge press, (2) at the base of the stairs leading to the sludge pit, and (3) at the perimeter of the sludge pit. At the first two locations, repeat samples were taken with another petri dish media for comparison between bacterial and fungal concentrations. At the sludge pit, a sample was taken only for bacteria. Typticase Soy Agar (TSA) is used for the collection and growth of bacteria, and Potato Dextrose Agar (PDA) is used for the collection and growth and yeast and mold (fungi). A two-stage Anderson Impactor was used to capture airborne bacteria onto petri dishes. The first stage of the sampling device (impactor) collects the airborne microbes of such size that would be trapped in a human's upper respiratory system (non-respirable). The second stage collects bacteria and mold of smaller size that would bypass the upper airways and become lodged in a person's lung (respirable). After sampling for bacteria and mold using petri dishes, these cultured petri dish samples were refrigerated and then taken to Industrial Laboratories in Denver 3665 Cherry Creek Norch Drive, Denver, Colorado 80209 (303)757-5475 (800)228-7136 (303)757-8950 www.cirsa.org Joan Weber, Benefit/Risk Administrator August 8, 2001 Pagel for analysis. The samples were incubated for five days and the number of virulent (alive) microbes were counted. Sample results for microbial sampling using petri dishes are in Table I. Dust sampling was perfonned for 84 minutes while Stan operated the loader to remove sludge from the drying bed to the stockpile. Some dust was wafted in the air, especially when climbing the stockpile with the loader. As mentioned before, Stan felt the sludge was a little wetter than usual, not generating a lot of dust. The dust sample was taken to Johns Manville industrial hygiene laboratory and the same dust sample was later analyzed for chromium , lead and nickel. Some metals, such as nickel can cause allergic reactions, and chromium and lead are toxic at concentrations far above those found during sampling on July 23n1. The dust was sampled and analyzed using National Institute for Occupational Safety and Health (NIOSH) Method 0500, and the metals were analyzed using NIOSH Method 7300. The sample results for dust and metals are found in Table II . The methods for such sampling and investigation of microbes are detailed in the "Field Guide for Detennination of Biological Contaminants in Environmental Samples" written by the American Industrial Hygiene Association (AIBA). This booklet outlines the standard practices to detennine microbial concentrations in air. There has been no method adopted by NIOSH to detennine concentrations that may adversely affect worker health . NIOSH and OSHA have not established limits for bacteria and mold that may not be exceeded in the workplace . Samp le results from sampling perfonned on July 23rd are used to compare concentrations with similar work area where symptoms or visible contamination have been noted . From sampling hundreds of similar work areas, I have concluded microbial air concentrations less than 200 Colony Fonning Units per Cubic Meter (CFU/M3) do not merit further investigation unless it is suspected that pathogenic (disease-causing) organisms may be present. Microbial concentrations below 200 CFU/M3 are not likely to prompt symptoms in all but the most allergic (or sensitive) individuals. If extreme allergic responses were noted among sludge press operators, even with concentrations below 200 CFU/M3, further investigation would be perfonned to determine the exact species of the microbes collected . All areas sampled in and around the sludge press building had respirable bacterial and fungal concentrations above 200 CFU/M3. The concentrations of bacteria closest to the sludge press had non-respirable concentrations below 200 CFU/M3. However. mold concentrations near the sludge press were above 200 CFU/M3 for both the non-respirable and respirable size ranges. Sampling was performed to compare outside air concentrations of bacteria and mold with those generated by the sludge press operation . When comparing respirable concentrations, bacterial concentrations are higher near the sludge press than those outside. However, mold concentrations are slightly lower near the sludge press than those outside. This would indicate that the sludge press amplifies airborne respirable bacteria , yet not mold. Sampling near the sludge pit indicated non-respirable bacterial concentrations of concern (509 CFU/M3), yet Joa11 Weber, Benefit/Risk Admi11istrator August 8, 2001 Page3 respirable concentrations were far lower (205 CFU/M3). These bacterial concentrations could irritate the upper respiratory tract, and less likely the lungs. The exposure at the sludge pit is limited, five minutes at a time, about five times per day. The most significant exposure to elevated bacteria would be in proximity to the sludge press. It would be prudent to wear a dust mask such as an N-95 while at the sludge pit and within five feet of the sludge press. It does not appear that airborne dust or metal concentrations during the transport of dried sludge nears a level of concern. Even though the sampling was performed on a day when dust levels were below average, dust levels would have to be 15 times higher to reach OSHA's Permissible Exposure Level (PEL). Stan had mentioned that the humidity is greatest during the winter months when the sludge press building is closed up. During the winter, condensation drips off the ceiling. These phenomena would influence bacterial and fungal concentrations in the air. l\'licrobial Air Sample Results Table I Sample location Sample Media Non-respirabJe Rcspirable Duration con cen tra ti on concentration Colony Fonning Units per Cubit Meter Benchtop SW of sludge press 10 minutes TSA 85 CFU/M3 357 CFU/M3 Mist is apparent here (bacteria) Bench top SW of sludge press 11 minutes PDA 341 CFU/M3 276 CFU/M3 Repeat of above (fungi) At base of stairs near pump 10 minutes TSA 169 CFU/M3 215 CFU/M3 Outside sample -no mist (bacteria) At base of stairs near pump 10 minutes PDA 250CFU/M3 307 CFU/M3 Repeat of above (fungi) On edge of sludge pit 5 minutes TSA 509 CFUIM3 205 CFU/M3 Some "bubbling" of sludge (bacteria) From the results above, elevated concentrations exist from the sludge press and the sludge pit. The concentrations meriting the most concern would be respirable bacteria near the sludge press and non-respirable bacteria near the sludge pit. Due to the sludge press being so close to an "office" desk, it would be helpful to isolate the sludge press area from the area where Stan does paperwork. Stan also eats at his desk. and unless the desk area is isolated, it is better to eat in a break room in the main plant. Joan Weber, Benefit/Risk Administrator August 8, 2001 Page4 Dust and l\letals Air Sample ResuUs Table II Sample location Contaminant Conccn tration Sample Duration Volume measured measured Stan l\lcClung 84 min During operations ofloader 195 liters Transporting sludge from drying bed Stan McClung 84 min During operation of loader 195 liters Transporting sludge from drying bed Milligrams per cubic meter (mg/1v1 3 ) Nuisance Dust Chromium Lead Nickel l.Omg/M3 <0.001 mg/M 3 <0.0015 mg/M3 <0.001 mg/M3 • The OSHA PEL for nuisance dust is 15.0 mg/M3. • The OSHA PEL for Chromium, Lead and Nickel are 0.5 mg/M3, 1 mg/M3, and 0.05 mg/M3. All concentrations for metals are reported with less than"<" values . This is due to the less than detectable amounts collected on the filter. With lead having the lowest PEL of0.05 mg/M3, the amount of lead would need to be 33 times greater to reach the PEL. The sample results for dust and metals do not indicate an exposure that would cause ill health effects. However, dust concentrations were apparently less than average based upon discussion with Stan. Further sampling could be done when a large amount of sludge is in the drying bed, it is quite dry and the wind is greater than 15 mph from the west. This would simulate worst case exposure conditions. Conclusions 1. Air concentrations of both bacteria and fungi merit an exposure concern near the sludge press and sludge pit. However, dust and metal concentrations do not appear to be a concern. 2. The sludge press operator spends very little time at the sludge pit, yet a significant amount of time near the sludge press. 3. The sludge press mists could easily enter the administrative area that Stan occupies. 4. The sludge press area is closed more in the winter, causing a buildup of moisture and condensation. Joan Weber, Benefit/Risk Administrator August 8, 2001 Page5 Recommendations 1. The sludge press operator should wear a dust mask when within five feet of the sludge press and when at the sludge pit. 2. Efforts should be made to isolate the sludge press area from the administrative area to limit mist migration to the administrative area. This could be done with plastic curtains or a fixed partition. The mist would then reach the curtain and them drip to the ground. 3. The sludge press operator should eat in a clean area such as the main plant break room until the administrative area can be isolated. 4. Contact CIRSA or an industrial hygienist if sampling for dust and metals is desired on a day more typical or one particularly dusty, to determine worst-case exposures. Also, you may want to have an evaluation of microbial concentration during the winter when the building is closed up and condensation is more prevalent. Please contact me if you have any questions regarding this report or a need for further sampling and evaluation . Thank you for the opportunity to serve your needs. John Wm. Colvin, CIH, CSP Senior Loss Control Representative cc: Don Coatman, Water Plant Supervisor This report is limiled to those conditions actually observed and information provided by your personnel al lhc time of the on-site visit lo the above location . The report 1md recommendations arc advisory and designed lo assist in CIRSA underwriting and reduce CIRSA losses . We arc not underi.iking to replace your mm loss prevention or inspection efforts not do wc assume any dlllics you may have to provide safe fac il ities , equipment, machinery or opcration31 procedures for your employees of the public . CIRSA docs not assume responsibility for implementing the recommendations in this report, nor docs it represent that all haiardous or unsafe conditions at the location have been identified, nor the compliance with these rccommcmfations will result in full compliance with federal, slate, or local regulations or amid any injury or financial loss. JUL-30-2001 10:41 FROM: INDUSTRIAL LABDRATOR 303287-0954 TQ:3037578950 Industrial LABORATORIES To: C:IRSA CO Intergovernmental Risk Sharing Agency 3665 Cheny Creek North Drive Denver CO 80209 Attn: John Colvin Test Lah No. Sarnole Description Method 010723011-0IA Engnl 2'f Yea.~t & Mold BAMCb 18 0!072301 l-02A F.ogal lB Yeast &: Mold BAMCb 18 010723011..0JA f.nglo 2T Yeast&: Mold BAMCh 18 010723011-04A Eoglo 2B Yeast&Mold BAM Ch 18 010723011..0SA Blank Yc:t!lt&Mold BAM Ch 18 Mike Gross, Laboratory Director The lnduatrlal Lnbarntarles Company, Inc. • Campl•t• Analrttcal Tettlng, MlcrobloJ09lcal & Con.suiting ServlcH • FDA ln1poc:tod 1450 East 62nd Avonuo Denver, Colorado 80216 (303) 287·9691 FAX (303) 287·0964 CT4587 Date Received: 7/23/01 Date Reported: 7/30/01 PO Number: Result Units 16 yeast; 77 CFU/pfate MDL Analysis Date 7123/01 mold Y/J f_FU/f13To 10& 4yeeimotd 27(';,eefu/~s ~3101 S yeast; 60 mold CFU/pl11te Vf.I 3 7/l~/01 7 I 2 .50 <!.,FU. TD 51 yca.~t; 2 7 CFU/plate 7/23 /01 mold 301 C!.Fv/H~ To 97 < 1ye;ist;<1 CFU/pl11t~ 7/2.J/()] mold lD MDL~ Method Detection Limit ND"' Not Dolce led :II the M ct hod Detection Li m1 l Page : l of I J UL-25-2001 16:16 FROM: INDUSTRIAL LABORATOR 303287-0964 T0:3037578950 Industrial LABORATORIES To : CIRSA CO Intergovernmental Risk Sharing Agency 3665 Cherry Creek North Drive Denver CO 80209 Attn: John Colvin Test Lab No. Sample .Descriotion Method 010723010-0lA ENGALT Standard Plate Count BAMCh3 010723010-02A ENGAT.B Stind:ird Plate Count BAMCh3 0 l 0723010·03A EngaloT Stiudnrd Plate Count DAMCh3 0107230l0-04A Engalo B Standard Plntc Count BAML'h3 010723010-05A EngSldT Standard Pln1e Ccunt BAMCh3 010723010-06A EngSld B Standard Plate Ccunt BAMCh3 010723010-07A Blnnk Stllndard Plate Count BAM Ch 3 Mike Gross, Laboratory Director The lndusti1a1 Labo.-.tot1ea Company, Inc. • Complete AnaJytlcal Testing, Mlcroblologleai I: Consulting S•rvfcH • FDA Jn1pocted 1450 East 62ndAvonue Denver, Colorado 60216 (303) 287 -9691 FAX (303) 267-0964 CI4587 Date Received: 7/23/01 Date Reported: 7/25/01 PO Number: Analysis Result Units MD.L Date 23 CF.g:latc 0 7/23/01 Z.f-f s C!.FU 1-1 '3 BK 89 ~/plate 0 3 7/23101 /0/ 51a..Fv H aK 45 CF.fph 9 (!F1J//f7J..3/0l ~8 57 CFU/p\ate 1113 7/23/01 (.(Pl 2/SCFv BK 66 CFU/pl:l.tc 7123/0 I /Z. :5t/i CFtJ/J.{3BK 28 21 CFU/platc e '/I-{~ 7/23/0 I z._05 FU BK <l CFU/platc 7/23/0 I BK MDL= Method Detection Limit ND = 'Not Ocll:ctcd al t!ic Method Detection Limit }>age ; l of l RESULTS OF LABORATORY ANALYSIS CI RSA Attn.: Mr. Colvin Laboratory Cllcnt Requested Sample no. Sample no . Analysis 0 I 072305-00 I 4258 Total particulates Chromium Lead Nickel 01072305-002 Blank Total particulates August 3, 2001 Laborator;· Project No.: 01072305 Client Reference No.: Eng . Allen 1 Backup Mn in Air Air Section Section Total Volume Conccntr:ition 194 µg 194.88 L. 0.995 mg/m' <0.2 µg < 0.0010 mg/m, <0.'.3 µg < 0.0015 mg/m3 <0.2 µg < O.OOlO mg/m3 <SO µg -- tif§Mt f4 Ali ii*MR&i'&d '' W •p 4 *M!WW' M'Y IAWC ii •WS*i''" S I it 5 1"4m #it#·Y's 2 g ¥W4P* •@SPH Page 2 of2 ... COLORADO IMTERGOVERMMENTAL RISK SHARING AGEtlCY December 17, 2001 Joan Weber, BcnelitfRisk Admin istrator City of Englewood 1000 Englewood Parbvay Englewood, CO SO 110 Dear Joan: To further characterize airborne metal concentrat ions in the sludge press operation at Allen Filter Plant, follow-up sampling was performed on October t 7 °\ 200 I. The first round of sampling for metals, dust and microbes was performed on July 23 rd , 2001. Stan, the sludge press operator, suggested that I evaluate his exposure during the afternoon after sludge had dried considerably and the material would loft more readily. The conditions on the I i 11 of October were dry, there was a 5 -10 mph wind, and a greater than average amount of dust was lofted from the sludge. Not only does the loader bucket carry and pile sludge to be carried away, the loader tires pulverize and loft the sludge that has dried. This dust and metal exposure lasted close to three hours . One sample was placed in Stan's breath ing zone, and one in front of the loader windshield . Sampling and ln\'Cstigation l\lcthodologv Dust sampling was perfonned for 168 minutes while Stan operated the loader to remo\·e sludge from the drying bed to the stockpile. Dust was wafced into the air when the sludge was dumped into the stockpile and when the loader tires ran over the sludge pile and drying bed. The sample for metals dust was taken to Johns Man\'ille industrial hygiene laboratory and analyzed for chromium, lead and nickel and aluminum . On July 23 rd, the first three metals were analyzed from the former sampling round. These arc the more toxic metals, and they were all found below the limit of detection . Aluminum was added for analysis since it is a component of the treatment process . Aluminum dust was found above the limit of detection. The metals were sampled and analyzed National Institute for Occupational Safety and Health (NIOSH) Method 7300. The sample resulls for metals during both sampling rounds are found in Table I. 3665 Cherry Creek Norrh Drive, Denver, Colorado 80209 (303)757-5475 (800)228-7136 (303)757-8950 www.cirsa.org Joan Weber, Benefit 'Ri sk Ad111i11 is trnt or December J 7, 2001 Pagel SnmpJe location Metals Air Sample Results Table I Contaminant Concentration Concentration mensurecl Oct. 17, 2001 July 23, 2001 Milligrams per cubic meter (mg/M 3) Stan l\lcClung During operations of loader Transporting sludge Front of loader Transporting sludge Nuisance Dust Chromium Len cl Nickel Aluminum Chromium Lend Nickel Aluminum Not analyzed <0.00043 mg/M3 <0.00065 mg/M3 <0.00043 mg/M3 0.077 mg/i\13 <0.00064 mg/M3 <0.00096 mglr.B <0.00064 mglr.13 0.129 mg/i\13 • The OSHA PEL for aluminum dusts.1salts is 2.0 mg1M3 • The OSHA PEL for nuisance dust is 15.0 mg/M3 1.0 mg/M3 <0.001 mg/M3 <0.0015 mglr.B <0.001 mg/M3 Not analyzed Not analyzed • The OSHA PEL for Chromium, Lead and Nickel are 0.5 mg/M3, 1 rng/M3, and 0.05 mg/M3. All concentrations for metals are reported with less than"<" values. This is due to the less than detectable amounts collected on the filter . With lead having the lowest PEL of0.05 rng/M3, the amount of lead would need to be 33 times greater to reach the PEL. Aluminum metals were the only metals found above the detection limit on October l i\ 200 l. Since the Pem1issible Exposure Limit (PEL) is 2.0 mg/M3 based on irritant effects, it is doubtful whether the concentrations found on October 17th would cause irritation. However, aluminum concentrations at 1.0 mg&-13 would likely cause irritation to allergic, sensitive persons. Such concentrations were not found on a day ( l 0/17 /0 l) with above average dust being lofted into the mr . Conclusions l . No airborne metal concentrations were found at a level that would prompt irritation or toxicity to any human tissues. Recommendations l. Review recommendations from fom1er report discussing the sampling performed on July 23r11 , 2001. Joan Weber, Benefit /Risk Ad111i11islrator December 17. 1001 Page3 Pka5e contact me if you ha•.-e any questions regarding this report or a need for further sampling and crnluation. Thank you for the opportunity to serve your needs. ;;J'aMr.~ John Wm. Colrin, CIH, CSP Senior Loss Control Representative cc: Don Coatman, Water Plant Supervisor This r.:port is limited to th e -.: con di1ioni :iclulll}' ob;.:neJ and information proviikd by )'our p~'l'•onnd :ll th.: llme of the on-sit.: 1i ;i1 to the abo1·c location . Thi: report :ind recommcndJtion; arc advi .;o ry and 1ks igncd t.> a;;ist in CIRS • .\ lJn(kn\titing and rcJL1cc CIRS.\ t.i;scs We arc not unJcrt:tking to rcpbce your 011n l<>ss prevention or inspection elforu not J,1 we a;sumc any duties }Ou m:J> ha1e to pro1 idc saft! fJ.:il ilics . cquipm.:nl, machine!) or opcr.11ion:1l proaJurcs for }Our employe.:s of th.: public CIRS.-\ doc.> nol assume rcspon.;ibihty for impkmcnling the: rccommcndatiuns in this rcp<>rt, nor dues it represent thlt all h:uan.lllus or un;afc conditions at the l<X:Jli on ha\·c b~cn it.l~ntili.:d, nor th.: compli:incc 1~ith th~sc rc commcnJ:ition; will result in full compliJncc with fot.l ~r.tl. st:i~~. or local rCJ!Ul:ition; or a~oid any injury or finlnciat his; COLORAD O HITERGOVERMMEMTAL RISK SHARI MG AGEMCY June 28, 2004 Joan Weber, Benefit/Risk Administrator Cit} of Englewood 1000 Englewood Parkwav ~ . Englewood, CO SO 110 Dear Joan: Due to recent nooding of the administrative area at the Allen Filter Plant, and subsequent symptoms of sneezing and other allergic symptoms, you contacted me to perform air sampling for the presence of mold. Water had leaked into the carpeted administrative area on the south side due to a seam between concrete slabs. The seam was sealed, resulting in no recent leaks after scaling. Carpeting in the affected area was cleaned one week prior to air sampling. During this cleaning, neither the desk nor file cabinet was moved lo accomplish cleaning below them. Since the water seeped in from the exterior wall, surely this area of carpeting became wet as they arc placed along this wall. Sampling and Imcstigation l\IcthocloJogv During the survey, scrapes of the carpet were taken to determine the extent of mold that may have lodged in the carpeting in high traffic and low traffic carpeted areas. Four carpel samples were collected by inverting the petri dish and scraping it on the carpet for one to three seconds. Two scrapes of the carpel were done in the formerly flooded area, one was done along the north wall (allegedly not affected), and one carpet scrape was performed in the middle of the control room. The scrape along the north wall was perceived to be an nrcu with limited foot traffic. The area of flooding was next to Don Coatmun's desk and is seen as an urea of high foot traffic. The control room is thought to have intermediate fool traffic. On June 15th, 200-l, air sampling using petri dishes was performed in three locations, upon Don's desk, in the control room, and outside. Three samples were taken on Don's desk, one (l) before much disturbance of the carpet, (2) with the window mounted air conditioner running prior to carpet disturbance, and (3) after significant scuffing of the carpel to stir up carpet borne mold. The outside sample was taken to determine if outside concentrations may be impacting indoor concentrations and as a means of comparison. No allergic symptoms such as sneezing have been noted in the control room, as they ha\'e been in the administrative offices . A two-stage Anderson Impactor was used to capture airborne mold onto petri dishes. The first stage of the sampling device (impactor) collects the airborne microbes of such size that would be trapped in a humun's upper respiratory system (non-rcspirable). The second stage collects bacteria and mold of smaller size that would byp~1ss the upper airways and become lodged in a person's lung (respirable). Potato Dextrose Agar (PDA) was used for collecting yeast and mo!d spores. The cultured petri dish samples were refrigerated and then taken to Industrial 3665 Cherry Cree" North Dri\·e, Den\'er, Colorado 80209 (303} 757-5475 (800) 228 -il36 f.:i, (303) 757 -8950 W\\'W.cirsa .org Joan Weber, Bc11cji.t/Risk Administrator }1111£1 24, 200-1 Page 2 Laboratories in Wheat Ridge for analysis. Air sample results for mold sampling using petri dishes arc in Table JI. The methods for such sampling and investigation ure detailed in the ''field Guide for Determination of Biological Contaminants in Environmental Samples" written by the American Industrial Hygiene Association (AfHA). This booklet outlines the standard practices to determine microbial concentrations in air. There has been no method adopted by the National Institute of Occupational Safety and Health (NIOSH) to determine concentrations that may adversely affect worker health. NJOSH and OSHA have not established limits for bacteria and mold that may not be exceeded in the workplace. Sample results from sampling performed on June 15th, 2004 nre used to compare concentrations with similar work area where symptoms or \ isible contamination have been noted. From sampling hundreds of similar work areas, I have concluded microbial air concentrations less than 200 Colony Forming Units per Cubic Meter (CFU/ivI3) do not merit further investigation unless il is suspected that pathogenic (disease-causing) organisms may be present lvlicrobial concentrations below 200 CFU/M3 are not likely to prompt symptoms in all but the most nllergic (or sensitive) individuals. Only one indoor air sample showed viable mold concentrations above 200 CFU/M3 on June 24 111 , 200-t. Outside concentrations of both respirable and non-respirable mold are well above 200 CFU/M3. Due to outside concentrations being for higher than indoor concentrations, it is thought that the ventilation system is not a significant contributor to indoor mold. The source of elevated concentrations is believed to be the flooded carpeting. Humidity levels were measured in administrative areas between 30-35 % Relative Humidity (RH), while the Control Room had 36.7% RH. Table I Curpct Scrapes for l\Iold Carpet Scrapes: Seconds Near Don Coatman's desk 1 sec. Formerly flooded (high traffic) Near Don Coatmun's desk 3 sec. Formerly flooded (high traffic) North side of admin office Considered low traffic area 3 sec. Control Room Carpel 3 sec Center of room (med. traffic) Fungi/second of scraping Species count 50/second 27 yeast; 23 mold *TNTC -overloaded 15 yeast; TNTC mold *TNTC -overloaded TNTC yeast; TNTC mold 13/sccond 23 yeast; 17 mold * TNTC -Too Numerous to Count -the petri dish wns overgrown with mold. Individual mold colonies could not be counted as a result. Joan Weber, Benefit/Risk Administrato r Jww 2./, 200./ Page 3 Gi\'en that three second carpet scrapes of the fonnerly noodecl area and the north side (low tr;lffic) area of administration yielded mold growth that was too numerous to count, this section of carpet is thought to be highly contaminated \\ith mold . Steam cleaning should be pcrfonned as soon us it is practical with care taken so that moisture from the steam cleaning process is taken up thoroughly and promptly. It may also be necessary to provide disinfection of the carpet or possibly removal of carpet backing since water incursions\\ ere common before providing sealant to prevent leaks. It is surprising that the low traffic area had so many yeast and mold harbored into the carpet. The carpet in the entire room needs to be cleaned thoroughly. This \\ould include the carpeting below the desks and file cabinets in the fonner leak area. Table II Fungal Air Sample H.csults Sample location Don Coatman's Desk Before disturbance or A/C Don Coatman's Desk Af ler A/C is turned on Don Coatman's Desk AC off on scuffing of carpet to kick up carpet-borne mold Sample Duration 5 minutes 5 minutes 5 minutes Control Room (Center) 5 minutes No history of repeated flooding Outside Sample on loading 5 minutes 70 degrees F; slight SW breeze Media Non-respirablc Rcspirable concentration concentration Colony Fanning Units per Cubit Meter PDA 212 CFU!l\1 3 92 CFU/i\1 3 PDA 120 CFU&i3 71 CFU&1 3 PDA 148 CfU&t3 155 CFU/M 3 PDA 139 CFU&l3 139 CFU/i\13 PDA TNTC TNTC The above air samples were taken using Potato 01.!xtrose Agar (PDA) petri dishes for collecting yeast and mold. The outdoor sample had mold colonies that \\ere too numerous to count (TNTC). In a fi \'c minute samf le, the lab is capable of counting colonies that would yield a concentration of 1000 CFU&1 . Hence indoor samples have for lower concentrations than the outdoor concentrations . However, indoor concentrations do exceed the 200 CFU~l 3 threshold, meriting attention. It is clear that use of the air conditioner docs not enhance mold concentrations. Curiously enough, scuffing the carpet did not increase airborne mold concentrations . If repeated samples were taken after carpet disturbance, it is likely that at least some of the sample results would yield concentrations above the first sample; 212 CFU/~·I3. Don had been there for an hour before the first sample was taken, so the carpet had seen some traffic . / Joan Weber, llc11cji1/Risk Ad111i11istrator June 2.J, 200./ Page 4 Conclusions I. Indoor mold concentrations ure far lower than outside concentrations, yet could cause allergic symptoms, especially if carpet-borne mold is kicked up and breathed. One of the samples yielded a concentration above the threshold of 200 CFU&I3 for the non- rcspirable portion that could irritate the upper respiratory tract. 2. Indoor humidity levels are in the acceptable comfort range between 20 and 50 'lo RH. Mold can proliferate at humidity levels consistently abo\'e 559'c RH. Humidity was measured between 30 and 37'7c RH on the day of sampling. 3. Carpet throughout the administrati vc nrea was contaminated with yeast and mold. It is possible that the backing is affected. Rccommcnclations I. Steam-clean the carpet and utilize a low water means such as "Chem-Dry" and/or ensure that water is thoroughly and promptly removed after steam-cleaning. The carpeting should be vacuumed weekly and steam-deaned approximately once per quarter. The first carpet cleaning should be done under the desks and file cabinets along the south wall. 2. Provide a mat at the building entrance to shed dirt and moisture and '"shake out" the mat periodically. 3. Consider a disinfectant or biocide spray for the carpeting to ensure that mold is killed. 4. Monitor the effectiveness of the seal between concrete to dctennine whether water could enter the administrative area again from the outside. Please contact me if you have any questions regarding this report or a need for further sampling and evaluation. Thank you for the opportunity to serve your needs. John\\'. Colvin, CIH, CSP Senior Loss Control Representative Cc: Jay Williamson, Senior Loss Control Representative Thi:; r~p<>rt i; ltmhcd "' th 11>.: conditi on; a.:t .tally oli:...:r..:J Jn<l tnf,>muti 1Jn pt i.l \id~d b;. )our p.:r:;c nn~I Jt th.: tim.: or 1h.: on-sit.: ,j;i110 lh.: abo'.: l.i..:Jtit>n 111.: report and rcco11u11.:ndJtion.1 JI~ advi;of) and 1bi:n.:d to a;siit in CIRS.\ u111.kr\\titing and rctluc.: CIRSA losses We ;ire not undcrukin,; lo r.:pla..:.: )our Ol\TI hm prc\ention or in;p.:~tion effo rt; not dtl Y.C a;.>um.: an) dutie.s) ou nuy h~•·c to prov id.: safe facilities , cquipm.:nt. nuduncl) or opcc:ition;il pro.:c<lucc; f,>r }Our .:mplo)CCS of th.: publi : CIRSA Jvc; not a.>sumc r~;p ..:n,ibilit) fJr impkmcnlin,l th~ r~comm~nJJti cn, in thi; r~port . n.ir du.:s il rcprc;.:nt that all haurd.iu; or un;ar~ cond1uon.1 Jl th~ locati on h;iv~ lx~n id.:ntifi.:d . nor the compliJn.:.: with these rcc u mm~ndJli 11 n ' will r.:,ult in full complian.:c with f~d.:r.il, sUlc, or ltlcal rcgulJtiOlb or amid any injury or financiJI lo ;s • IL industrial LABORATORIES lndustrlJI labor~tori~s h you r lnd~p ~nde r t , 1\!)!rd r(ijJR-8Aftical t~st i n g lab c rat •J rt CO Intergovernmental Risk Sharing Agency 3665 Cherry Creek North Drive Denver CO 80209 Attn: John Colvin Lab No. Samole Descriotion Te.st Method O.J06l5023-01A ENGDC5T O.J0615023-02A ENGDC5B 040615023-0JA ENGDCAC5T O.J0615023-04A ENGDCAC5B O.J0615023-05A ENGDC5CP5T 040615023-06A ENGDC5CP5B O.J0615023-07A ENGCTL5T 040615023-0SA ENGCTLSB 040615023-09A ENGALOUT5T 040615023-10:\ ENGALOUTSD Department Manager Yeast&Mold BAf...IChl8 Yeast&Mold BAM Ch 18 Yea.st&Mold BAMCh 18 Yeast&Mold BM.I Ch 18 Yeast & Mold BAM Ch 18 Yeast & Mold BM.I Ch 18 Yeast & Mold BAMCh 18 Yeast&Mold DAM Ch 18 Yeast&Mold DAM Ch 18 Yeast & Mold BAM Ch 18 Cl45R7 Date Received: 6/15/200-l Date Reoorted: 6/21/200-l PO Number: Result Units MDL . . Analysis Date . 12 Yea.st; 17 CFU/plate 6 11512004 ;?; O Mold 2 /-Z (}_ 1-l) /M 3 J\\' 5 Yeast; 8 ~fold CFU/plate j " / 3 !3 9Z CFU M 4 Yeast; 13 Mold CFU/plate j IL/ 3 )7 IZO {!1-U I' 2 Ye;ist; 8 Mold CFU/plate j, 1 ~ 10 71 c ,_t) ll.f JW 6115 11 00-l JW 61151200-1 JW 611512004 8 Yeast; 121'.fotd CFU/plllte /I. 1 5 21 1 tJ. e <:.. Fv ,,_,, JW 2 ~Yeast; is;55crud'Fu /Al 3 ~~·51100 .1 14Ye;ist;6Mold CFU1>1ate //j 3 6/151200-l 21 I 3 9 (!.Ft) ;Jvt JW 2 Yeast; 18 Mold CFU/plate j ,/ J 3 21 I 3y (!,FU I IV/ 6 Yeast;TNTC CFU/plate Mold 2 Yeast; TNTC CFU/plate Mold MDL "' l\.lc:thoJ Dctccl i()ll Limit 6/1 5.'2004 JW 6/l 5:'200 -1 JW 6115 '100-l }\\' ND m Not Dctcctc:J ;t the 1'.kth>J J Dc:tc:ct io n Limi 1 Page : l of2 40-16 Youngfield St • Whe at Ridgi!. Co lor3 do 800 33 • (303) 287-9691 • (303 ) 287 -096 4 fa)( • WYNl.i rt dustriJl!abs .net R ~•e lpt of a n<ily 1 s s~• ke; Jcknowl!:!dg~s t he 1 ~11m a nd c ond iti on:; on t hi! r~verse s ld~ <1 nd a c know l~d q~s t hJt they arc pall of this ord~r . . ' • lb inclustri al lABOBATORIES lnduurial Labor~tor!es Is y:>ur lnd~pend~nt To!rd l(i)fRR/\'!tical tasting bboratory CO Intergoremmental Risk Sharing Agency 3665 Cherry Creek North Drive Denver CO 80209 Attn: John Colvin Test Lab No. Samole Descriotion Method O-l0615023-11A ENGDCLEAKCPTlsYeast& Mold ec BA!\.t Ch 18 O-l0615023-12A ENGDCLEAKCPT3s Yeast & Mold ec BAM Ch 18 0-10615023-13A ENGDCL TFCCPT3s Yeast & Mold ec BAM Cb 18 O-l0615023-14A CTLCPT3sec Yeast& Mold BAM Ch 18 0-10615023-lSA BLANK Yeast& Mold BAMCh 18 Department Manager Cl45R7 Date Received: 6/15/2004 Date Reoorted: 6/211200-t PO Number: Result Units l\IDL ... 27 Yeast; 23 CFU/plilte Mold 15 Yeast; Th'TC CFU/plate Mold TNTC Yeast; CFU/plate TNTCMold 23 Yeast; 17 CFU/pl:ite Mold <l Yeast; <l CFU/plate Mold Analysis Date 61151200-1 JW 6/151200-1 JW 6."151200-1 J\\' 6/151200-1 JW 61151200-1 ]\\' MDL •Method Detection Limit ND= Not Dctcci.:d al the Method 0.:lcction Lim it Page: 2 of2 4046 Youngfield St. • Wheat Rid g~. Colorad o 800 33 • (303) 287 ·9691 • (303 ) 2B7 ·0964 Fax • www industriallabs net Rec<:ipt of analysis service; ack n ow ledges th e t~rm 1 a nd cond ition> on the reve n e sl d ~ a nd a c k now l ~dg~s that they are part of this order CO LORADO IMTERG OVERMMENTAL RIS I\ SHAR I MG AGENCY April 1, 200 5 Joan Weber, Benefit!Risk Administrator City of Englewood l 000 Englewood Parbvay Englewood, CO SO 110 Dear Joan: After remedial measures were taken in Don Coatman's office at the Allen Filter Plant, you contacted me for follow-up mold sampling to detennine if air quality conditions had improved. The carpeted area of this office had been flooded from a leak in the outside wall. The cracks where water entered were then sealed. The carpet was removed, and replaced with linoleum. The window air conditioning unit was not being used since the outside temperature \Vas moderate and the indoor temperature was comfortable on March 23rd, 2005. Sampling for mold was perfonned on the 23r~ ofl\farch to detennine if air quality had improved from the remedial measures mentioned above. Former sampling for mold occurred on June l 5:h, 2004. Sampling and Investigation l\lethodolo2v On March 23r.!, 2005, air sampling using petri dishes was performed in two locations, upon the sink top near Don's desk, and outside on the loading dock. Two samples were taken on the sink top. The outside sample was taken to determine if outside concentrations may be impacting indoor concentrations and as a means of comparison. Joe, who shares an office with Don still experiences sneezing, coughing and post-nasal drip. This could be from allergens in the air, either outside or inside, and possibly mold. The two samples taken at the sink top would capture air communicated through the ventilation system as there was an ob\•ious draft, during the sampling, from the supply air diffuser just ten feet from the sink. If HVAC air filtration is adequate, the indoor concentrations of mold in the ventilation system should be less than half that of outside concentrations, depending on the time of year and extent of outside moisture. A two-stage Anderson Impactor was used to capture airborne mold onto petri dishes. The first stage of the sampling device (impactor) collects the airborne microbes of such size that would be trapped in a human 'supper respiratory system (non-respirable). The second stage collects bacteria and mold of smaller size that would bypass the upper airways and become lodged in a person's lung (respirable). Potato Dextrose Agar (PDA) was used for collecting yeast and mold spores. The cultured petri dish samples were refrigerated and then taken to Industrial Laboratories in \\'heat Ridge for analysis. Air sample results for mold sampling using petri dishes are in Table I. All air samples were taken for five minutes. The methods for such sampling and in\'estigation are detailed in the '·Field Guide for Determination of Biological Contaminants in Environmental Samples" written by the American Industrial Hygiene Association (AIHA). This booklet outlines the standard practices to detennine microbial concentrations in air. There has been no method adopted by the National 3665 Cherry Creel-. North Dri\'c, Ocm·er, Colorado 80209 (303) 757 ·5-1 75 (800 } 228-7136 F,1x (303) 757-8950 www.cirsa org Joa n Web .?r, Benefit /Risk Administr at or April I. 2005 Pagel Institute of Occupational Safety and Health (l\lOSH) to detennine concentrations that may adrersely affect worker health. XlOSH and OSHA ha\'e not established limits for bacteria and mold that may not be exceeded in the workplace. Sample results from sampling perfonned on March 23 n1, 2005 are used to compare concentrations with similar work area where S}mptoms or visible contamination have been noted. From sampling hundreds of similar work areas, I have concluded microbial air concentrations less than 200 Colony Fanning Units per Cubic Meter (CFU/M3) do not merit further investigation unless it is suspected that pathogenic (disease-causing) organisms may be present. .tvticrobial concentrations below 200 CFU~B are not likely to prompt S}mptoms in all but the most allergic (or sensitive) individuals. Sample location Atop sink near Don Coatman's desk Supply air 10 feet away Atop sink near Don Coatman's desk Repeat of above Outside sample on loading dock -50 deg. F; 25% RH Wind S-SW; 5 -· 10 mph Table I Fungal Air Sample Results l'\' on-respirable Respirable ~ on-respirable/ Concentration Concentration Respirable Colony Forming Units per Cubit Aleter (CFUIAI1) 21 CFU~1 3 70 CFU/.L\1 3 21 CFU~i3 42 CFU/i\1 3 113 CFU/i\13 99 CFU/i\1 3 212 CFU~1 3 92 CFU~I3 212 CFU~I 3 92 CFU~I 3 TNTC overloaded The abo\·e air samples were taken using Potato Dextrose Agar (PDA) petri dishes for collecting yeast and mold. During the June 200..i sampling, the outdoor sample had mold colonies that were too numerous to count (TNTC). During the March 2005 sampling, air concentration:; of mold are bet\\'een 2 and 4 times higher than indoor concentrations. Also, indoor air concentrations have dropped well below a le\·el of concern given the March 2005 sampling results. Conclusions 1. The remedial measures including replacing the carpeting and sealing the crack in the wall have lowered mold concentrations in Don's office that was fonnerly flooded. Jocm Weber, Benefit 1Risk Adminisiraror April 1, 200j Page3 Recommendations l. Continue to swap out the carpet runner that enters Don and Joe's office. This should be done frequently enough to prevent excessive buildup of dirt, moisture, and potentially mold. 2. 1v1onitor S}mptoms to determine whether air quality conditions involving allergens may be changing. Please contact me if you have any questions regarding this repon or a need for further sampling and evaluation. Thank you for the opportunity to sen-e your needs . W. Colvin, CIH, CSP Senior Loss Control Representative Cc: Jay Williamson, Senior Loss Control Representative Thi; r~'PO:\ i:1 limit~d la t.ios: condition; a.:tu:illy obs~ cd :mt! inform:i:ion pro\id~d by )Our pm o nn~~ ;i: t!:c tirr.c: of ti:.: on-sit.: visit to lh~ ;ibo'e !OCJ!i on. The: r:pon :i;id r~commc:ndllion; a~e a•hi;ury .1nd d.::1ig:i.:d to 33;ist in CIRSA und::t'\\Ti li ng :ir.d r~duc..: C!RS:\ lo;;es We a~: not unJ.:ruldng to rc:pllce >·our O\\TI los; pre,ention or in•jl~ction efforts r.ot do v.e :u;~rr.c: :iny duti es )OU may h:ivc to pro\ide s:if.: facilities, .:~uipm."llt, ml:hir.•"1)' or op."r:ltion;il procedures for }Our cmploye.:; of the public . CIRS.\ do.:; not :i.;.;um.: r:spon:i ibili:y for imp!c:mc:nting th.: r.:corrunc:nd:ition:i in thi:> r~ort, ncr do.:s it r.:;m:s..."llt thJ: all burdous or unsaf.: ccnd itior.,; at th.: loca:ion h:iv.: be::n id.:nt!fkll, nor th.: corr.ph:mcc v.ith L'1.:,;: re~omm.:nda ti cn; v.ill r.:s ult in full CO!Tt?liar.c.: v.iL'1 f.:d.nl, s:a:..:, er local re,pt:i :ion.1 or avoid any inj ur) or fin:ir.ci:il lo;; IJ.'(l l~.:1003· l 2/\ E~UDC5T "'Yca5t& Mold BA."-1Ch18 050)2400:1-1 JA ENOOC~LI • Ye•st & Mold OAM Ch 18 O.'O.l2 o.100$-14 A ENODC2-5T • Yc~c&: Mold BAM Ch 18 051lJ~~Ollil-I ~p, El'GDC2-5U •Ye:i._~t&M o l:i BAM Ch lS ll;IOJZ4005-1 (,,\ llNOOtiT ST "'Yeast & Mold DAM Ch 18 O)UJ1..J00i!-17 A t::NGotJT SB • Ye:i..~t & Mold BAM Ch 18 <I Yc.ul; 2 CFU/pllt: Mold 2-J C.r-v /fJ, 3 3 <1 Yeast: 9 CFU/pfat:: Nold 7D QFv /~ ':3 10 3 I Yc::ut; 2 Mold CFU/pbtc tt{ '3 -z.' C.Fv I I Yeast; 5 Mold CFU/plalc ? (p '-/ z (!_ F LJ Ill{ 2 Yca~t 14 f\fold Cl"U/pbtc I l 3 C!.Fv I~' I <o <I Yea.~t: t:l CfU/platc 14 Mold qq Qfu IH "3 • a 5C4'~~ An.ily:.;s I'• Sub~nntr:ai:: ,\~:i.~~,;, MDL= Mct~;i.! l'"J.::~:«o n Li:':i '! 312Jf:2 00 5 DP .3!231200~ DP 3/:?J/'.!005 DI' 3 /'.13 '200~ DP 3/'.;3'10<B or 3/23'200:1 DP t:rJ-N\:>l rr.:1c~1:d •I 1l·c M;:hod Clt '.~t11n l lmit Page: 2 of3 •IO ·l(t ~c ~ingt i ckJ St. • ~·;n.z.it Ridg ~. Col o ndo 81)033 • {~e n, ,'~7-9691 • ("103 i 21.li·09u-I F,)A • \vv1w inju•.rri.:ill.,,b;.nc.:t R!::t ip t (J ~ .so.1ly -:~3 !S:r• .. k:'!'i t,;lr.Pu"""'l--•1,lt 1 ~~ th'= t1 r,..,4 t\f":I (~H~\1i l ;f.l :1 • •.\11 l l~ t~·J ... r'.r, :.irft; •'nd '1cki\C':'.'1li'fl1 :4.:. (1 ,1 ( t ~·=-1 ,.,,. f.ul ·.tl this crd-!r. Thi~ r-!pOrt b not 111 ti11 r•~r,,do-:'l<:f in whnf'? or in part for :1d ·1 .. 1thh•!' put;>il!.r~" with111u f.lbli1;n:og prlnr wtJ:ttn ~v thcri:.,tinn. This fax was received by GFI FAXmaker fax server. For more information, vis,t http /fvwm.gfi com PROVIDING RISK MANAGEMENT SOLUTIONS 303 757 -5475 800 223 ·7136 FAX 303 757'8950 August 26, 2013 Joan Weber, Benefit/Risk Administrator City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Joan: Due to health concerns at the Allen Filter Plant, you contacted me to detenninc if worker exposure could be contributing to worker health. From knowledge of former exposures measured in 2001, focus was given to sampling for carcinogens, including radon. There was a 2005 Environmental Impact study that was conducted, and radon and other sources of radiation were sampled. Focus was given to sludge press operation since the sludge captured from treatment operations is dewatered, moved with a loader, and dried in a large area at the SE corner of the Water Plant property. This potentially exposes the operator to a lot of dust containing concentrated metals and radiation depending on the source material. Exposures in other main areas of the plant are considered minimal due to automated liquid feed pumps and isolated chemical storage areas. Due to exposure concerns from sampling I performed in 2001, an enclosed office was constructed for the sludge press operator. The Komatsu loader that was obtained since 2004 has an enclosed cab, minimizing the operator's dust and radiation exposure. The Environmental Impact study extrapolated likely annual exposures to radiation, and concluded that annual exposures were well below a level of health concern. The enclosed office for the sludge press operator was suggested due to microbial exposure, measured in 2001, rather than radiation and toxic metal exposure. Sampling and Jnycstigation Methodology Sampling was performed for radon using charcoal canisters from Pro-Lab from August l st through 51.1_ Two sets of detectors were placed ( 1) in the basement pump room -main building, and (2) the sludge -press office for 95 hours. A blank \Vas also submitted for quality control and found to have less than 0.2 picocuries per liter. All other sampling was performed on August 15 t including sampling for benzene, chromium and lead, and hexavalent chromium. Hexavalent chromium is the form of chromium that has been determined to be most carcinogenic, easily passing through the cell walls following inhalation. Benzene was analyzed using the NIOSH 1501 method, and sampled at 251 milliliters per minute for a total of 59 .2 liters. Chromium and lead were analyzed using the NIOSH 7300 Method with total air volumes at 1,454 liters and 1,579 liters. The benzene sample and the first sample for chromium and lead was taken 3665 CPerry Creek North Drive Denver, Colorado 80209 \o\W11.c rsaorg Joan Weber, Benefit/Risk Administrator . August 26, 2013 Page2 in Stan McClung's breathing zone, and the second sample for chromium and lead was taken at the back of the Komatsu loader. Hexavalcnt chromium was analyzed using NIOSH 7600 Method, \vith a pump located at the exit of the sludge press for 1,076 litcrs of air. All sampling pumps \Vere calibrated immediately prior to and after sampling in their respective locations. Pumps were set at flow rates consistent \Vith the respective analytical methods and for volumes consistent with expected concentrations. All sample sets included a sample blank for quality control and the laboratories that analyzed all samples were AIHA accredited and performed sample spike and blank analysis. The quality control data for the sample analysis is available upon request. Table I Air Sample Results for Allen Filter Plant Contaminant I Sample Volume Sample Location in Liters or Duration Benzene Stan McClung * BZ Sludge press and loader Total Chromium Stan McClung * BZ Back of Loader Total Lead Stan Mcclung *BZ Back of Loader Hcxarnlcnt Chromium At receiving end of Sludge press Radon 59.2 Liters 1,454 Liters 1,579 Liters 1,454 Liters 1,579 Liters 1,076 Liters Basement Pump Room 95 hours Stan's office atop cabinet 95 hours Contaminant Concentration <0.107 ppm <0.0003 mg/M 3 <0.0003 mg/M 3 <0.0002 mgft...1 3 <0.0002 mg/M 3 <0.00023 mg!M 3 Permitted Lc\·cl per OSHA 1.0 ppm 1.0 mg/M 3 1.0 mg/M 3 0.05 mg/M3 0.05 mg/M 3 0.005 mg/M 3 or 5.0 ug!t-.'13 1.1 picocuries per liter 4.0 pCi/L 1.2 picocuries per liter 4.0 pCi/L * BZ -Breathing Zone of operator to simulate what that person is breathing. Joan Weber, Benefit/Risk Administrator · August 26, 2013 Page3 Radon sampling in basement pump room Conclusions Radon sampling in sludge press office 1. All exposures measured from August 151 through 5lh, 2013 were well below a level of health concern. Even area samples, which are meant to collect typically worst-case exposures, did not reveal measurable concentrations with the exception of radon. Radon was present at approximately 25 percent of the EPA reconunended limit of 4 Picocuries per liter . Joan Weber, Benefit/Risk Administrator · August 26, 2013 Page4 2. The addition of enclosures for an office and the enclosed cab of the loader are minimizing noise, dust. radiation and microbial exposure. The automated feed pumps from tanks ofliquid chemicals also promote minimal exposures to water treatment operators. These chemical treatment areas are quite remote to office locations and where workers routinely are located. Laboratory ventilation hoods minimize worker exposure in the laboratory. and the use of prepackaged Hach test kits further minimizes exposure. Gloves and lab hoods are used for any acid transfers in the laboratory. Recommendations 1. If symptoms that would suggest overexposures exist, contact me for further evaluation. Please contact me if you have any questions regarding this report or a need for further sampling and evaluation. Thank you for the opportunity to serve your needs. Sincerely, John W. Colvin, CIH, CSP Senior Loss Control Representative Cc: Jay Williamson, Senior Loss Control Representative This report is limited to those conditions actually obsm·cd and infonn.ilion pr.ividcd by your personnel at the ti1111: of the on·sitt: visit lo 1he above location . The r~poct :ind rccommendalions arc advisory and designed to assist in ClRSA underwriting and reduce CIRSA losses . We are not unikrtaking to rcp!Jcc ym1r 01111 loss prevention or inspection c!Torts n~ do we assume ruiy duties )OU may ha\·e 111 provide safe faciliti.:s, equipment, machinery or operational procedures for your employees of the public . CIRSA docs not 11.Ssumc responsibility for impkrrn:nting U11: recommendations in this report, nor docs it represent lhat all hv.:irdous or unsafe conditions mt the locatiun h;ive been identified, nor the compliance with these recommenda1ions will result in full compliance with reJcral, stJtc, or local regulalions or 01 oiJ Qny injury or financial Joo s. Joan Weber From: Sent: To: Cc: Subject: Joan, John Colvin <John@cirsa.org > Tuesday, August 13, 2013 3:41 PM Joan Weber Jay Williamson Radon results in for Allen Filter Plant All the radon levels measured in the two locations were less than 1.3 picocuries per liter. The EPA recommended level for worker protection is 4.0 picocuries per liter. Often, radon levels are higher in the winter, especially with closed conditions and the ground often being frozen, making it more attractive for gases to enter a wann foundation. The two locations were the (I) basement pump room, and (2) Stan's enclosed office at the Sludge Press. I \\,-ill do a final report when I get the chromium and lead analysis. Take Care, John Colvin John Colvin, CIH, CSP, Senior toss Control Representative/Industrial Hygienist 303.757.5475 800.228. 7136 FAX: 303.757 .BCJSO 1•11~.~\· clrs :i nr!J I] bJ ~ YouiD 1 r \ \CIRSA July 25, 2016 Joan Weber, CRi\1 , Be nefit/Risk Administrator City of Englewood I 000 Englewood Parkway Englewood, CO 80110 Dear Joan: PROIJID/NG R/51( MANACEMr:rrr SOWTiOrJS Due to increased scrutiny on occupational exposures at the Allen Filter Plant, you requested l perform air sampling for particulate associated with the sludge press operation on July 6, 2016. There is some concern that operations at the Allen Filter Plant could be exposing residents to environmental exposures that could compromise their health . In ad effort to ascertain the potential for such exposures, I performed air sampling on a day that was hot, relatively windy and one having low humidity. I contacted Jason Wells to coordinate operations that would likely prompt more "worst-case" conditions as far as particulate exposure to the sludge press operator and potentially nearby residents. This operation involved the movement of sludge that had been processed and covered in the Fall of 2015 to the drying area nearer the water plant. The typical cycle time of each transfer was approximately 70 seconds, and the operator worked from 8:30 AM to 3:30 PM involving the obtaining of sludge from east of the sludge press building and applying this sludge to the drying bed west of that building. I noticed that the sludge from the cast side had been tarped, and this minimized the extent of drying over the winter months . The sludge came out in large clods of more than 8 inches in diameter rather thnn smaller chunks of dirt approximately the size of a golf ball. Hence, dust was minimal when loading and unloading the loader bucket of its sludge. However, dust became lofted between 14 and 20 feet off the concrete surfaces once the sludge that dropped upon the loader path became drier and tires ran over the sludge to gather another load. Stan McClung, the Loader Operator would often gather a scoop of that sludge that accidently dropped to the path . The most significant dust cloud is bclween zero and eight feet above the concrete, hence sampling upon the Loader Operator would be considere d more of a worst case full shift average exposure than area samples taken that day. Due to exposure concerns from sampling I performed in 2001, an enclosed office \Vas constructed fo r the sludge press operator. The Komatsu lender chat was obtained since 2004 has an enclosed cub , minimizing the operator's dust and rudiation exposure. Stan often operates the loader with at lenst one dom open, yet docs appreciate the air conditioning of the cub. .Joan Weber, CRM. Benefit /Risk Administrator July 2 5, 20 I 6 Puge 2 Sampling and Investigation Methodology Sampling was performed for dust and silica using SKC pumps calibrated at 2.5 liters per minute of air. This was in accordance with NIOSH Method 7500 for silica sampling using aluminum cyclones. These cyclones separate the respirable pat1iculate, captured on the filter, from the non-respirable particulate that drops to the bottom of the cyclone. Hence, only the respirable dust and silica is analyzed. Respirnble silica can enter the lower recesses of the lung and cause silicosis or lung cancer primarily be scarring lung tissue. Lead and chromium were sampled utilizing NIOSH Method 7300 with mixed cellulose ester fiber filters. A high volume pump was used to collect lead and chromium and collect a large volume of air, driving down the detection limit, so any lead and chromium that was present could be found. A personal breathing zone sample for dust and silica was taken on Stan, the Loader Operator, and also on the cast wall of the drying bed. The high volume sampling pump was used to collect lead and chromium, once in the morning, and once in the afternoon. These metals were collected at the same location; on the east side of the drying bed. The predominant wind direction was from the SW and the sampling pump was placed near the NE comer of the drying bed. All sampling pumps were calibrated immediately prior to and after sampling in their respective locations. Pumps were set at flow rates consistent with the respective analytical methods and for volumes consistent with expected concentrations. All samples were analyzed by an AIHA accredited laboratory, with quality control spikes blanks analyzed along the samples. The quality control data for the sample analysis is available upon request. Contaminant I Sample Location Dust :ind Silica Stan McClung *BZ Sludge press and loader Area sample -NE comer Lend and Chromium AM area sample NE comer of drying bed PM area sample NE corner of drying bed Tnblc I Air Sample Results for Allen Filter Plant Sample Volume in Liters 01· Duration Liters Dust Silica Liters Dust Silica Liters Lead Chromium Liters Lead Contaminant Concentration 0.26 mg/M3 <0.020 mg/M3 0.063 mg/M3 0.010 mg/M3 <0.0018 mg/M3 <0.0018 mg/M3 <0.00093 mg/M3 Chromium 0.0013 mg/M3 * BZ -Breathing Zone of operator to simulate what that person is breathing. Permitted Lc\•cl per OSHA 5.0 mg/M3 10.0 mg/MJ 5.0 mg/M3 0.05 mg/M3 0.03 mg!M3 0.5 mg/M3 0.03 mg/M3 0.5 mg/M3 .locm Weber , CR},,/ Benefit /Risk Admi11istrator July 2 5, 2016 PCJge 3 Dust emanat ing from the dumping Clod of sludge to be dried Wind conditions Jo cm Weber, CRA-1. Bcm efit 'Risk Adminis tra to r July25 , 2016 Page-! Conclusions I. All sample results for air sampling on July 6, 2016 were well below their respective Permissi ble Exposure Limits (PEL) established by OSHA. This is significant since operations associa ted \\ith sludge transport and drying were considered more "worst-case" on the 61h of July compared to an "average" day . ·n1c OSHA PEL is based upon an eight-hour average during a 40-hour work week. The weekly average for the exposures measured are likely to be even lower . The area sample for silica revealed a concentration of 20 % of the new PEL of0.05 mg/M3. 2. 1be Allen Filter plant is in a low area near a green belt along with a trail used by citizens. This trail is approximately 80 yards from the drying bed . Stan and the Water Plant staff exercise care in covering the sludge with a tarp so the public is not exposed to dust from the sludge. Dust from the sludge could migrate to the trail with a substantial wind from the north . However, dust concentrations would be substantially lower than those measured from operations on the 61b of July. Sampling on July 6, 2016 was done either on the sludge press operator or the northeas t corner of the drying bed. This was done to capture dust from the predominant wind direction which was from the southwest. This is shown in the screenshot from the "Weather Bug" app in the photos on the former page. The photo below is a google map scrccnshot of the Allen Filte r Plant property and the nearby trail and residents. A line straight south of the drying bed to the trail shows the distance of 256 feet. The red arrow points to the dust sampling locations on the 61h of July, 2016. Recommendations I . If symptoms that would suggest overexposures exist , contact me for further evaluation . .Joan Weber, CR1\'f. Benefit /Risk Adminlstrafol' J11ly 25, 2016 Page 5 Please contact me if you have any questions regarding this report or a need for further sampling and evaluation, Thank you for the oppo1tunity lo serve your needs. Sincerely, John W. Colvin, CIH, CSP Senior Loss Control Reprcscntati ve Cc: Jay Williamson, Loss Control Supervisor This repor1 is Jimi1ed to 1hose conditions octuallyobscrvcd and ioform~llon provided by your personnel at lhc lime of the on·sitc visit to the above loc~tion . The report and rccommcndalions are advisory and designed to assist in CIRSA undc111riting mnd reduce CIR.SA losses. We arc not undertaking lo replace your own loss prcvcntton or irupeclion efforts nol do we assume any duties you may have to provide safe faci htlcs, equipment, machinery or operational prnccdurcs for your employees of 1he public CIRSA docs nol nm1mc mponsihility for implcmcnting lhc recommendations in this report, nor docs ii represent that ull hazardous or unsafe conditions al the location hnvc b~en itlcnlilicd , nor the compliance with these recommendations will result in full compliance with fcd~rnl, stutc, or local rcgulntions or nvoitl any injury or financial loss John Colvin CIRSA 3665 Cherry Creek N. Dr Denver, CO 80209 Analytical Results Sample ID: 115219 Lab ID : 1618995001 ANALYTICAL REPORT Repo rt Date: July 14, 2016 Phone : (303) 757-5475 x 247 Fax : (303) 757 -8950 E-mai l : john@cirsa .org Workorder: I 34-1618995 I Client Proj ect ID : Allen Filter Plant 070716 Purchase Order: NA Project Manager: Rand Potter Collected : 07106!2016 Sampling locaUon : A llen Filter Plant Received : 07/07/2016 Method: NIOSH 0500 Mod., MW PVC Fiiter Media: PVC Filler Analyzed: 07113/2016 Samollng Parameter: Air Volume 980.7 L Ras ult Analyte (mg/sample) Result (mg!m'I) RL tmg/sample) Total Dust 0.25 0.26 0020 Method: NIOSH 7500 Mod. Media: PVC Filter Analyzed: 07/1412016 Samo11na Parameter: Air Volume 980.7 L Ras ult LOO Analyta (mg/sample) Result (mg/m') Result(%) (mg/sample) RL (mg/sample) Quartz <0 .010 <0 .010 <3 .9 0.010 0.030 Crlstobalite <0 .020 <O 020 <7.9 0.020 0.030 Tridymlte <0 .020 <O 020 <7.9 0.020 0.030 -------·----··-·---·-~------------ Sample ID : 115233 ~~~~--~~~~~~~ Lab ID: 1618995002 Sampling Location: Allen Filter Plant i Method: NIOSH 0500 Mod., MW PVC Filter Media: PVC Filter ~nalyte i Total Dust J Method : NIOSH 7500 Mod . i I I Analyte Quartz [ Cristoballte Sam Un Parameter: Air Volume 1003.7 L Result (mg/sample) 0.063 Resull (mglm') RL (mglsample) 0.063 0.020 Media: PVC Filter Sampling Parameter: Air Volume 1003.7 L Result (mg/sample) (0 .010) <0 .020 <0.020 Re&ult (%) (0.010) (16) <0020 <32 <0020 <32 Afl llllf ~5 960 West LeVoy Drive Sa k La'« City, Utah, 84123 USA P110 N£ +I 801 266 770 0 Al.S CROUP u ~. c:.011r. A/I Al.S Umlted CompJny 1. www.a .lsglobal.com "ICHT SOLUTIOMS Collected : 07/06/2016 Received: 07/07/2016 Analyzed: 0711312016 Analyzed: 07/1412016 LOO (mg/sample) 0 .010 0.020 0.020 £A:< +! 801 268 9992 RL (mgfsample) 0.030 . 0.030 ! o.~ Analytical Results Fiple ID : AMPbCr Lab ID : 1618995003 Method: NIOSH 7300, MCE Anolyte Chromium 'Lead ....----··- Sample ID : PMPbCr Lab ID : 1618995004 Method: NIOSH 7300, MCE Analyte Chromium Lead ·-·-·-·- Sample ID; Blank Lab ID : 1618995005 Method: NIOSH 7300, MCE Analyte Chromium lead ANALYTICAL REPORT Work order : [ 34-1618995 J Cl ient Projec t ID : Allen Filter Plant 0 70 716 Purchase Order : NA Pr oject Manager: Rand Potter Collecled : 07/05/2016 Sampling Location : All!'m Filter Pla r t Received : 07/07/2016 Media: MCE Filter Prepared: 07/12/2016 Sampling Parameter: Air Volume 202.8 L Anahned: 07/1212016 Result (ug/aample) Resull (mglm3) LCD (uglsample) RL (ug/sample) <0 .36 <O 0018 0 .38 1.3 <0 .38 <0.0016 0 .36 1.3 --·----·---~--·-----N-.. .0 .._.. -·-··---··--~----·M• 4----------..-·--M Collected : 07/06/2016 Sampling Location : Allen Filler Plant Received : 07/07/2016 Media: MCE Filter Prepared: 07112 /2016 Sampling Parameter. Air Volume 401.9 L Analvzed: 07 /12/2016 Result (ug/sample) Result (mg/m,) LOO (ug/sample) RL (ug/sample) (0.51) (0.0013) 0 .38 1.3 <0.38 <0.00093 0.38 1.3 Collected : 07/06/2016 Sampling Location : Allen Filter Plant Received: 07/07/2016 Medi a: MCE Fnter Prepared: 07/12/2016 Sampling Parameter: Air Volume Not Aoollcable Analvzed: 07/12/2016 Result (ug/sample) Result (mg/m') LOO (ugJsa.mple) RL (ug/sample) <0.38 NA 0 .36 1.3 <0 .38 NA 0.38 1.3 Report Authorization (/S/ Is an electronic signature that complies with 21 CFR Part 11} Method NIOSH 0500 Mod., MW PVC Fiiter NIOSH 7300, MCE NIOSH 7500 Mod. Laboratory Contact Information ALS Environmental 960 W Levoy Drive Salt Lako City , Utah 84123 Analvst IS/ Jacob Knudson 07/13/201614:22 IS! Peter P. Steen 07/14/2016 09:25 /S/ Paul M. Megerdichian 07/14/2016 18:14 Phone: (601) 266-7700 Ema:I; alsll.lab@ALSGlobal com Web: www alss•c .com Peer Review IS/ Kim Clymer 07/13/2016 14:46 /S/ Lauren Jones 07/1412016 10:52 /SI Kim Clymer 07/1412016 18:49 I ANALYTICAL REPORT General Lab Comments The results provided In this report relate only to the Items tested. Samples were received In acceptable condition unless otherwise noted . Samples have not been blank corrected unless otherwise noted. Workorder: LlfTh !~~fil Client Project ID: Allen Filter Plant 070716 Purchase Order: NA Project Manager: Rand Potte r This test report shall not be reproduced , except In full, without written approval of ALS. ALS provides professional analytical services for all samples submitted. ALS Is not in a pos lion to Interpret the data and assumes no responsibility for the quality of the sa'Tlples submitted . All quality control samples processed with the samples in this report yielded acceptable results unless cthemise noted . ALS is accredited for specific fields of testing (scopes) In the following tasting sectors. The quality system Implemented at ALS conforms to accreditation requirements and is applied to all analytical testing performed by ALS. ihe following table lists test •ng sector, accreditation body, accreditalion number and website . Please contact these accrodltlng bodies or your ALS project manager for the current scope of accreditation that applies to your analyt ical testing. Testing Sector Accreditation Body Certificate Website (Standard) Number Environmental ACLASS (DoD ELAP) ADE·142D hllp://IN',11w.aclasscorp com Utah (NELAC) DATA1 http://health.utah.gov/!abllabimp/ Nevada UT00009 http://ndep.nv gov/bsdw/!abservlce htm Oklahoma UTDDC09 hllp://www. deq .stale .ok .us/CS Dnew/ Iowa IA# 376 http ://w.w1 .lowadnr.gov/lns!deD~IR/Regu!atoryWator.aspx Florida (TNI) E871067 http :/1Yr.w1.dep .state .1l.us/labslbars/sas/qa/ Texas (TNI) T104704456-11 ·1 hllp :/lwww.lceqlexas.gov/fleld/qa/!ab_accred_eertif .hlml Industrial Hygiene AIHA-LAP, I.LC (ISO 17025 and 101574 http://IN'Nw.a lhaaccreditedlabs .org AIHA -LAP, LLC IHLAP/ELLAPJ Lead Te sling : CPSC ACLASS (ISO 17025 , CPSC) AOE-1420 http :/fww.v .oclasscorp .com Soil, Dust, Paint ,Air AIHA·LAP, LLC (ISO 17025, 10157..\ hllp:J/v.vm.alhaaccred ited labs.org AIHA-LAP, LLC ELLAP and NLLAP) Dietary Supplements ACLASS (ISO 17025) ADE-1420 hllp:/N1t.w.aclassco rp.com Definitions LOD = Limit of Detect ion c MDL= Method Detection L!m it, A statistical estimate of method/modlallnstrumenl sensitivity . LOQ =Limit of Quant italion = RL =Reporting Limit, A verified value of method/media/instrument sensitivity . ND =Nol Detected, Testing result not detected above tho LOO or LOO. NA = Mot Applicable . " No result could be reported, see sample comments for details . < This testing result Is less than the numerical value . ( ) This testing result fs between the LOO and LOO and has higher analyt ical uncertainty than values al or abovo the LOO. Thu 07 114/16 6 57 PM Public Records Request -Kathleen B Public Records Request Lou Ellis Tue 8/9/2016 2:28 PM In box To:kbecology@hotmail.com < kbecology@hotmail .com >; ·1 attachment Cl MB) Sc anned from a Xero x Multifunction Print er.pd f; Kath leen , The requested info r mation is attached . Lou Loucrishia A. Ellis, MMC City Cle rk , The City of Englewood :'.9.9.9..~0.9!::~~?.? .. ~~~-~:;:~Y. -~-!:.9.~~~~-9.S'.0!SS'.!~!.?.~~--?.9.!:1.9. 303-762-2407 Page 1of2 Cit y of Englewood's Mi ss ion: To promote and ensure a high qual ity of life, economic vitality, and a uniquely desirable community identity. Sender and recei ve r should be mindful th at all of my inco m ing and outgoing e-mai ls may be subject to th e Co lorado Open Reco rds Act From : Kathleen B [mai lto:kbecology @hotma il .com] Sen t: Monday, August 08 , 2016 4:32 PM To : Eric Keck <e keck@englewoodgov.org > Cc: Lou Ellis <lellis@englewoodgov.org >; Tom Brennan <tbrennan @englewoodgov.org> Su bject: Re : Public Records Request Thank you very much . Kathleen Bailey Se nt from my iPhone On Aug 8, 2016, at 4:21 PM, Eric Keck <ekeck@eng lewoodgov.org> wrote: CIRSA is the entity that has coordinated this data rev iew. I wi ll contact our CIRSA coordinator in house and ask for the data again. -----Original Message----- From: Kathleen B [ma ilto:kbeco log y@hotma il.com] Sent: Monday, August 8, 2016 3:56 PM To: Er ic Keck <e keck @englewoodgov.org > https://outlook.live.com/owa/?viewmodel=ReadMessageltem&ItemID=AQMkADAwAT... 8/13/2016 Public Records Request -Kathleen B Cc: Lou Ellis <lellis @eng lewood gov.org >; Tom Brennan <tbren nan @eng lewoodgov.o rg > Subject: Public Records Request Dear Mr. Keck , Page 2of2 I spoke with you in person during the 7 /18/16 City Council meeting and requested that you provide to me a copy of th e data (AWTP residuals test data, and Radon Gas test data, etc.) that was sent to the expert Dr. Gibb in Arlington Virg inia to assess any causal relationship between Mr. Kloewer's environmenta l exposure at the AWTP and his cancer. You said you wou ld provide me a copy of that data . On 7 /21/16 I followed up with a second request through email again requesting a copy of the Englewood data provided to the out of State expert to assess th e causal relation between expos ure to the sludge an Ken Kloeher's cancer. This is now the third request. The initi al response to my email request was that you had to get it from CIRSA (and by now that would have occurred), but what ever CIRSA has was provided to them either directly by Englewood or by CDM on behalf of Englewood. So Englewood was the source and has always had possession of this data. Again , your assistance is greatly appreciated. Thank you , Kathleen Bailey 4686 S Jason St. ---·------------·-------·--- .~09.1.~.:~.C?.<?.?.:.~.9 .. ?.9.~.'.9. 720-539 -1855 kbeco logy@hotma il .com Sent from my iPhone This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http:ljwww.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com https://outlook.live .com/owa/?viewmodel=ReadMessageltem&ItemID=AQMkADAwA T... 8/13/2016 CDPS SEX OFFENSE/OFFENDER TASK FORCE October 14, 2011 Colorado Commission on Criminal & Juvenile Justice Increase In Munlclpalltles and Counties with Ordinances Restricting the Housing of Sex Offenders 2004 -16 Brighton Commerce City Elizabeth Golden Grand Junction Greenwood Village Kiowa Lafayette Lakewood Littleton Louisville Mountain View Northglenn Superior Thom ton Wheat Ridge 2011 -32 Arvada Aurora Bennett Brighton Broomfield Castle Rock Commerce City Dacono Denver Elizabeth Englewood Fort Morgan Golden Grand Junction Greeley Greenwood Village Hudson Kiowa Lafayette Lakewood Littleton Lone Tree Louisville Mead Mountain View Northglenn Parker Sheridan Superior Thornton Westminster Wheat Ridge 2 O<tobtr 14, 2011 1/17/2012 1 Colorado Commission on Criminal & Juvenile Justice Map of Munlclpalltlas and Counties with Ordinances Restricting the Housln1 of Sex Offenders .. asof2004 .. ' ' c---i Octobtr 14, 2011 3 Colorado Commission on Criminal & Juvenile Justice Map of Municipalities and Counties with Ordinances Restricting the Housing of Sex Offenders .. Throu h 2011 .. • 4 Octobtr 14, 2011 1/17/20 12 2 ... added thru 2011 ... l e Colorado Commission on Criminal & Juvenile Justice -··--···------ Detail Map of Munldpalltles and Counties with Ordinances Restricting the Housing of Sex Offenders .. 2004 .. ••. plus additions thr 5 October 14, 2011 Colorado Commission on Criminal & Juvenile Justice Example of the "Domino Effect" of Ordinances Restricting the Housing of Sex Offenders Octob•r 14, 2011 6 1/17/2012 3 Colorado Commission on Criminal & Juvenile Justice lihit typical eharacteristies of the sex offender wfla we would attempt tE> affect by introducing residency restrictions and mning ordIFlan(;e$: •A registered sex offender, •Who lives near a park or school, •Who targets . a sthlnget; fypically, a Child. At each point In the following lhfff..po/nt arr;ument general, conservative estimates 11111 displayed. based on evidence available In the ctlm/nal justice literature . 7 October 14, 2011 CCIJ ~offender/victim connection and residency restrictions I zoning ordinances =10% Sell offenders whose victims weni stn111ers •90H -o&nd111whase ............. Mends; Md/or Houslna restrictions and zonlnc lnances mav pru1nt potemt.l H re-offense by these offenders; ho-ver, !'Vlt"ih f!!!dlnas su1mt limits on this pol!nt!ll lmPlct. 8 October 14, 2011 1/17/2012 4 Dm!Bl offender/victim connection and ranrlcttons/ordlnances Su offenders whose victims -re strangers •••••••••••••••••• Initial direct contact made mp[! than 1 ml!t from tha su offender's rasldence. =8.5% •• ,. ............ . Mn. ....... -. ~-~ with mls!l re-offense IOCiitlon 1/17/2012 c<:JI 9 0<1obor 14, 2011 10 0<1ob<r 14, 2011 5 =.85% Re-offending reg istered sex offenders whose victims were strangen; and who made lnltlal direct · contact more !han 1 mile from their residence. I 1i9'J6 Re-orr.ndlnsreglsteied ........ whose vll:dmswere flm* Minds. and/or =90% Flrst·tlme sex offenders COJ =90% The percentage convicted of a sex offense with no prior sex conviction • •••••••••••••••••••••• In an average year, this Is the rough percentage of FIRST-TIME SEX OFFENDERS .•• ... for whom residency restrictions and zoning ordinances have no Impact. October 14. 2011 11 COl <.....---..-u 12 Octobtr 14, 2011 1/17/2012 6 Colorado Commission on Criminal & Juvenile Justice Average Number of Vlolatlons for all Offenders by Vlo latlon Type and by Residence Type IJ Crlmln•I Vlol•Uons ------iaTechnlcal Vlolltlans •TOTAL Vlol8Uons Octobtt 14, 2011 13 Colorado Commission on Criminal & Juvenile Justice Average Number of Violations for Hieb Rlsls Offenders by Violation Type and by Residence Type OCrtmlnal Vlolatlon1 ------t•Ttchnlcll Vlollllont ITOTAL Vlolatlont ''°"' th• 20CW SOMI, r!qorf SM Sffrry 'Rm Rol!rd"" lMaa AmpzHmtap lprqnd Losprlpnl ctSq Olfrndm In thf ~Flgu,.4, p. 26/. (/lttp://tkj.lflJIM0.111/-m/s~o/h•d.,/SO_l'dft/Fv/IStAFlnolOZ pd/) Oe1obtr 14, 2011 14 1/17/2012 7 r Good evening. I'm Ken Kloewer, I'm the elephant in the room. I want to focus on the sludge and who is responsible, however I am not afraid to talk about how we got here and the players in the game. Things I wanted to talk to Eric Keck about in October 2014 l .)The six million gallon tank. Engineer Tom Brennan over sees the work to create drainage for the flat roof. CDM is tocut small slots to allow water to flow across. CDM cuts to deep, they cut the tendons. The roof will now cost millions to replace and Brennan lets CDM walk-no accountability. I am certain that you are aware of this and are prepared to spend the millions. Right now, our answer was to abandon this incredible asset. 2.)Hundreds of thousands, possibly a million dollars was spent on electrical up grades during the U.V construction. CDM engineers a switch pad to switch sources of power during emergency. This has never worked and yet Brennan and Coffman sign off on it. The electrical contractor is fantastic. The engineering is not good. 3.)0ur aeration at the river pump station. Aeration will greatly help the hardness issue from Big Dry that everyone agrees is a horrible horrible source. Oh that's right we never got the aeration equipment. 4.)During U.V construction, we were suppose to get 2 new offices. The last time that I was there on Julyl 7,2016 to hug Mike Sax and Tom Riotte, I could not find the offices. They were never built. 5.)Under Mr. Brennan, it will take over 400 years to replace our current water mains. 6.)Under Mr, Brennan we have abandoned our water main flushing program. WOW ... WHY ... THE MOST IMPORTANT SERVIVE THAT A UTILITY DEPARTMENT CAN DO, ESPECIALLY WITH OLD MAINS IS TO CONTINUALLY FLUSH THE MAINS. 7.)Mr. Brennan has been told to address vehicle usage because of careless driving complaints. Mr. Keck says vehicles are not supposed to go home. Mr. Brennan does nothing. .. 8.)Mr. Brennan refers to the Allen Plant staff as mushrooms. He refers to Jason Clark as a pancaked face mime. Ironically we are mushrooms, kept in the dark and fed B.S 9.)"The Oath" ! ! ! Jason weill tell you that he respects me. When he goes on vacation, I'm in charge. He will tell you that I am the only person that he has promoted in his tenure. When I became leadman, there was a test consisting of 10 written questions and 1 verbal. I did okay on the written and now the verbal. "WHAT IS THE NUMBER ONE RESPONSIBILITY OF A LEADMAN." I answered safety/water quality. NO. I stumble. Water quality/safety. NO. THINK. I'm blank so management answers the question for me. "TO PROTECT MANAGEMENT." Yes that is the answer. The number one responsibility of a leadman is to protect management. I refused to take the oath and Englewood needs me to step up so I become leadman anyway, My oncology team is working with me . What a change in 3 years. Because of how aggressive my chemo is, the issue me a wallet card, a key chain card, and wrist band that Identifies to EMS staff my condition. In December 2015, when they discover this lump in my neck, I decided that life is too short. I decide to take a trip with my Church group in late August 2016. This was meant to be a vacation, but now with my pending health it has taken on incredible importance to me. I will visit Fatima in Spain and Llords in France. My oncology team scheduled my chemo around the trip. Englewood scheduled meet and Greet while I am out of the country. Englewood has hired additional security for this event. Instead of organizing a fund raiser to help with my $1017.00 co pay per round of chemo, Englewood pays thousands to make for sure that I am silenced. Mr. Gillett knew me when I volunteered with the Jeremy Bittner fundraiser on the comer of Girard and Acoma. Mr. Brennan accepted my gift of 80 hours of vacation time so he could be by his wife side when she had terrible health issue 25 years ago. Jason Clark accepted my donation of 80 hours when his son was born with luekmeia, two years after he started with Englewood. I think Jason is also a victim. I love Jason. I don't like the man that he has become under Tom Brennan, but I know the content of his heart. I know Lisa and his three sons. Jason has no choice: he must support Brennan. His medical co-pays are ridiculous. During my disciplinary hearing, I am 10 feet from Mr. Murphy Robinson. 2 days earlier, he called and wanted to meet me. Now 10 feet away separated by glass, Mr. Robinson wont acknowledge me, he won't say hello, he won't reach out to shake my hand but he will make sure that the impact team is in place. I'm the elephant in the room. My suspension is suppose to be over. Please see attached letter and yet on August 11,2016 Tom Brennan and Murphy Robinson have a plant meeting. Mike Sax asks "What am I supposed to do if Ken shows up to get his pays stubs or just to say Hello". Murphy answers. "call 911 and have him arrested." WOW. ! ! ! ! HOW DO YOU SPELL LOVE I'm not hiding behind my lawyer, I'm not hiding behind the First Amendment, I'm standing right in front of you asking why wasn't the Arcadis report released during disclosure. My lawsuit is still pending. I filed under workmans comp. so that everything would be transparent. So my guys could protect themselves. Everything would be in the open. My biggest fear should have been that my cancer would return but it wasn't. It was for the health and welfare of my brothers. Why wouldn't my cancer return. I returned to the source of my cancer. I never removed myself from harm. No one should have to go through this. I would not wish this on anyone. My priorities are right. I accept my fate whatever that might be. I have honorably served to make things better. I violated the oath. July 9,10, and 11th. I took over 1200 pictures at the plant. At August 01 council meeting, you received info about not feeding caustic soda. There is a concern: not about the truth, but rather where did the information come from. A witch hunt is now under way. The information came from me. The pictures are mine. You don't have to look hard to see that this had happened before. STANDARD PRACTICE that I am utterly ashamed of. Mr. Gillett why are you afraid of the truth. Why do you insult and Demean me. Why do you reference my daughter and unborn Grandchild from my oldest son. You accepted my help, but now you don't know me. OH MY GOD. I GOT IT . YOU TOOK THE OATH. Looking back we had a system in place. Management under Bill McCormick did their job. Management disposed of the sludge annually before Bill retired and the now the big cover up and I don't mean tarps. Mr. Keck it is unfortunate that this is the only format in which we can speak, but you wrote the rules. By suspending me for doing your job hurts, Someone should have been telling management to do their job a long time ago. Mr. Gillett . For one day, where my shoes. I will pray for you. $ EfYQLewood SENT VIA CERTIFED MAIL AND E-MAIL August10,2016 Ken Kloewer Lead Water Plant Operator 6001 S. Detroit Centennial , CO 80121 Dear Ken: Hope all is going well for you . This letter is to notify you that the workplace investigation that was recently conducted by Mountain States Employers' Council has concluded. Therefore, you are no longer considered on administrative leave. Due to your current situation of being out on Family Medical Leave , any decisions or administration of corrective or disciplinary action will be addressed when you return to work. All items that were collected during the investigation (Employee ID Card, keys , purchasing card etc ... ) will be returned to you when you are released to full duty from your Family Medical Leave . Sincerely, Jayleen Schell Human Resources Manager CC: Personnel File Tom Brennan, Utilities Director Jason Clark, Water Production Supervisor Eric Keck, City Manager Murphy Robinson, Assistant City Manager • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: August 15, 2016 Ba Appointing Don Roth from Alternate to a regular seat on the Englewood Water & Sewer Board Initiated By: Staff Source: Water & Sewer Board Tom Brennan, Director of Utilities PREVIOUS COUNCIL ACTION Council regularly passes resolutions appointing alternates to fill regular vacancies that occur throughout the year on Board and commissions. RECOMMENDED ACTION The Englewood Water & Sewer Board recommends Council approve a resolution appointing Don Roth from alternate to a regular seat on the Englewood Housing Authority . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As an alternate member on the Englewood Water & Sewer Board, Don Roth has attended 4 of the last 4 meetings. Water Board Chairman, Clyde Wiggins, submitted a letter of recommendation stating the board unanimously supports his appointment. FINANCIAL IMPACT There is no financial impact. LIST OF ATTACHMENTS Don Roth Application Letter of Recommendation from the Chairman Attendance Record -·.,;. Alison Carney info@englewoodgov.org • m: t: To: Monday, November 02, 2015 2:18 PM Leigh Ann Hoffhines; Alison Carney Subject: City of Englewood, Colorado Board & Comm ission Application A new entry to a form/survey has been submitted . Form Name: Date & Time: Response#: Submitter ID: IP address: Board & Commission Online Application 11/02/2015 2:17 PM 113 2809 71.212 .182.135 Time to complete: 29 min ., 15 sec. Survey Details Page 1 If you would like to apply for an Englewood Board or Commission, please fill out the application below. • Name Donald Roth Home Address (Street, City, Zip) Employer Name & Address Home Phone Number Work Phone Number Cell Phone Number Email Address How long have you lived in Englewood? How long have you lived at this address? 2830 S. Sherman St., CO 80113 retired 303 -781-0413 Not answered Not answered droth@centurylink.net ~so years 23 years Education -Please list schools, colleges, or universities attended; years attended; and areas of study or degrees conferred. Education Englewood H.S. 1963-1966 Diploma University of Colorado 1967-1970 BS Mechanical Engineering Professional Experience -Starting from the present and proceeding to the past, please list any business, professional, or general experience you may want City Council to consider. Professional Experience General Manager for Automotive Parts Warehouse and Truck and Automotive Repair Shop • 1971-2009 1 .. . , Community Activities -Please list any memberships you may have in community social, civic, or other organizations that you want to be considered. Community Activities Keep Englewood Beautiful Commission 1993-2005 Code Enforcement Advisory Commission 1997-2001 Planning and Zoning Commission 2002-2015 Englewood Urban Renewal Authority 1997-2016 Narrative Statement -Please provide a brief statement indicating why you would like to be appointed to this board or commission. Narrative Statement I would like to be considered for the opening on the Water and Sewer Board. My commission on the EURA expires in January 2016, which is my only current appointment. I would like to continue to contribute in some way to help ensure Englewood continues to be a great place to live. Water rights are what made it possible for Englewood to remain an independent City and they will continue to be extreme!~ important in the future. I believe my technical education gives me a better understanding of the issues surrounding water and sewer than many residents . My planning experience on PNZ and EURA should also help with my understanding of the future of such vital resources as water and services such as wastewater. Board or Commission Preference Are you currently serving on a Board, Commission, or Authority? [XJ Yes If so, please provide the name of the board(s): Name of Current Board: My EURA commission expires Jan 2016, and I am not eligible for reappointment. Are you applying for reappointment to your current board(s)? (x] No If you are a new applicant or a current board member interested in serving on additional boards, please list the Boards or Commissions on which you might like to serve. Please indicate your preference, up to five (5) boards, with number "1" being your first fhoice. Board of Adjustment and Not answered Appeals Budget Advisory Not answered Committee Code Enforcement Not answered Advisory Committee Cultural Arts Commission Not answered Election Commission Not answered Firefighters' Pension Board Housing Authority Keep Englewood Beautiful Liquor & Medical Marijuana Licensing Authority Not answered Not answered Not answered Not answered 2 • • • •11 ... • . . Malley Center Trust Fund 2 Non-Emergency Not answered Retirement Board Parks & Recreation Not answered Commission Planning & Zoning Not answered Commission Police Officers Pension Not answered Board Public Library Board Not answered Transportation Advisory Not answered Committee Urban Renewal Authority Not answered Water & Sewer Board 1 Are you a City of Englewood employee? [x] No Are you a former City of Englewood employee? [x] No If you Wf""°:,"' City of Englewood employee, what department did you work for and what position did you hold? Department and position: Not answered • Are you related to a City of Englewood employee? • [x] No If related to a City employee, please list the employee's name(s) and relationship. Name & Relationship Not answered Please list days of the week (Monday through Thursday) when you would be unavailable to attend meetings. [x] I am available any day of the week. If you are a current Board or Commission member and are reapplying for your current position, the application deadline is Friday, October 23, 2015. If you are a new applicant, please complete this application and submit by Friday, December 11, 2015. Council will interview applicants, by appointment, on Monday, January 11, 2016 • 3 • • • MEMORANDUM TO: Englewood City Council , FROM: Clyde Wiggins, Water & Sewer Board Chairman fJfo-~ DATE: July 26, 2016 HE: Jo Lay's Resignation from Water & Sewer Board Due to moving out of Englewood, Jo Lay announced her resignation from the Englewood Water & Sewer Board at the July 12, 2016. Her resignation was accepted with regret and appreciation tor her years of service to the board. Don Roth expressed his interest in advancing from an alternate to a regular member of the Englewood Water & Sewer Board. As the Chairman of the Water Board, the Board unanimously recommends Council approval of making Don Roth a regular member of the Englewood Water & Sewer Board . • • TO: FROM: DATE: SUBJECT: Englewood City Council Cathy Burrage, Recording Secretary for the Water & Sewer Board July 28, 2016 Englewood Water & Sewer Board Attendance Report for Don Roth From February, 2016 through July 12, 2016 Don Roth Attended 4 out of 4 meetings . RESOLUTION NO. SERIES OF 2016 A RESOLUTION APPOINTING DON ROTH TO THEW ATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Water and Sewer Board is charged with acquiring and protecting the domestic water supply and water rights from injury and pollution; and WHEREAS , the Utilities Department's commitment is to protect the City's existing water rights and provide the citizens of Englewood with an adequate supply of high quality water and a reliable distribution and collection systems at the lowest possible costs; and WHEREAS, there is a vacancy on the Englewood Water and Sewer Board; and WHEREAS , Don Roth has applied to serve as a member of the Englewood Water and Sewer Board; and WHEREAS, Don Roth was previously named as an alternate voting member to the Englewood Water and Sewer Board: and WHEREAS , the Englewood City Council desires to appoint Don Roth to the Englewood Water and Sewer Board; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Don Roth is hereby appointed to the Englewood Water and Sewer Board. Don Roth's term will be effective immediately and will expire February 1, 2018 . ADOPTED AND APPROVED this 15th day of August, 2016. ATIEST: Joe Jefferson, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • • • • COUNCIL COMMUNICATION Date August 15, 2016 INITIATED BY Agenda Item 9bi Election Commission/City Clerk's Office Subject Intergovernmental Agreement with Arapahoe County for Coordinated Election Services- 2nd Reading STAFF SOURCE Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has participated with Arapahoe County in conducting coordinated elections for every City of Englewood General Municipal Election since 1993. RECOMMENDED ACTION Approve a bill for an ordinance on second reading an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 8, 2016 Coordinated Election . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks . The County has the capability of coordinating this election and including the City of Englewood . The Election Commission has agreed that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 2016 Coordinated Election, the City of Englewood must enter into an Intergovernmental Agreement with Arapahoe County . Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe County Clerk and Recorder and City of Englewood Regarding the Conduct and Administration of the November 8, 2016 General Election and concurs with the Commission's recommendation. FINANCIAL IMPACT Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood at the time of the election, the number of entities participating in the election, the financial impact is only an estimate. The County's estimate of our final cost is $11,659.69. The cost of the Election is covered in the City Clerk's Budget for 2016 . LIST OF ATTACHMENTS Proposed bill for an ordinance • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERIC AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 2016 . WHEREAS , pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 8, • 2016 ; and • WHEREAS, the ordinance shall further authorize the presiding officer of the City or other designated person to execute this Agreement; and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the Coordinated Election pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The "Intergovernmental Agreement Between Arapahoe County Clerk and Recorder and City of Englewood Regarding the Conduct and Administration of the November 8, 2016 General Election" is attached hereto as "Exhibit A". The Intergovernmental Agreement for Coordinated Election is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to sign said Agreement for and on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 1st day of August, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of August, 2016 . 1 Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of August, 2016 for thirty (30) days. Read by title and passed on final reading on the 15th day of August, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 18th day of August, 2016. Published by title on the City's official website beginning on the 17th day of August, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2016. Loucrishia A. Ellis 2 • • • • • • INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND CITY OF ENGLEWOOD REGARDING THE CONDUCT AND ADMINISTRATION OF THE Arapahoe County Elections IGA NOVEMBER 8, 2016 GENERAL ELECTION PREPARED BY: MATT CRANE ARAPAHOE COUNTY CLERK AND RECORDER 5334 S. PRINCE STREET LITTLETON, COLORADO 80120 303-795-4239 Page 1 e x H I B I T A THIS AGREEMENT is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter ref erred to as the "County") and City of Englewood (hereinafter ref erred to as the "Jurisdiction") (hereinafter collectively referred to as the "Parties"); and WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the County Clerk and Recorder is the coordinated election official and, pursuant to section 1-5-401, C. R.S. shall conduct the elections on behalf of all jurisdictions whose elections are part of the coordinated election utilizing the mail ballot procedures set forth in article 7.5 of title 1; and WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S. applies and it is in the best interest of the taxpayers and the electors to enter into this Agreement to conduct a Coordinated Election on November 8, 2016; and WHEREAS, such agreements are authorized by State law. NOW, THEREFORE, for and in consideration of the promises herein contained , the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: This election shall be conducted as a Coordinated Election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S. ). The election participants will execute agreements with Arapahoe County for this purpose and may include municipalities, school districts, and special districts within the Arapahoe County limits and the State of Colorado. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official (hereinafter "CEO") and the Jurisdiction hereby identifies Loucrishia Ellis as its Designated Election Official (hereafter "DEO). FURTHER, the Parties agree as follows: SECTION I. PURPOSE AND GENERAL MATTERS 1.01 DEFINITIONS: A. "Address Library Report" means the address report from the Secretary of State voter registration system that defines street addresses and precincts within the jurisdiction. B. "Coordinated Election Official" (hereinafter "CEO") shall mean the County Clerk and Recorder who shall act as the "coordinated election official," as defined within the Arapahoe County Elections IGA Page 2 • • • • • • Code and Rules and, as such, shall conduct the election for the Jurisdiction for all matters in the Code and the Rules which require action by the CEO. C. "Colorado Election Code" or "Code" means any part of the Uniform Election Code of 1992, (Articles 1-13 of Title 1, C.R. S.) or any other Title of C.R. S governing participating Jurisdiction's election matters, as well as the Colorado Constitution, and the State of Colorado Secretary of State (SOS) Rules. D. "Coordinated Election" means an election where more than one jurisdiction with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the County Clerk is the Coordinated Election Official for the jurisdictions. E. "Contact Officer" means the individual who shall act as the primary liaison or contact between the Jurisdiction and the County Clerk. The Contact Officer shall be that person under the authority of the County Clerk who will have primary responsibility for the coordination of the election for the Jurisdiction and the procedures to be completed by the County Clerk hereunder. F. "Designated Election Official" (hereinafter "DEO") means the individual who shall be identified by the Jurisdiction to act as the primary liaison between the Jurisdiction ·• and the Contact Officer and who will have pr imary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. To the extent that the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO shall conduct same . G. "IGA" or "Agreement" means this Intergovernmental Agreement between the County and the Jurisdiction for election coordination . H. "Jurisdiction" means a political subdivision as defined in§ 1-7.5-116, C.R.S. and referenced in the Code and, in this Agreement, is interpreted to refer to [Coordinating Entity Name]. I. "Mail Ballot Packet" means the packet of information provided by the CEO to eligible electors in the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope.§ 1-7.5-103(5), C.R.S. J. "Post Election Audit" means such audit as set forth substantially in the Colorado Election Code . K. "Precinct" means an area with established boundaries within a jurisdiction used to establish election districts. L. "Proposed Jurisdiction" means a jurisdiction which may be formed pursuant to this election which is not yet identified by a tax authority code in the County Assessor database. When the context of this Agreement so requires , a Proposed Jurisdiction will simply be referred to as a Jurisdiction. M. "SOS" means State of Colorado Secretary of State . Arapahoe County Electi ons IGA Page 3 N. "SOS Election Calendar" means the most recent election calendar as published on the SOS website located at www.sos.state.co.us and attached hereto as Attachment B and incorporated herein by this reference. 1.02 JOINT RESPONSIBILITIES A. All parties shall familiarize themselves with all statutory and regulatory requirements impacting coordinated elections and TABOR notices if required. B. Nothing herein shall be deemed or construed to relieve the CEO or the Jurisdiction from their official responsibilities for the conduct of the election as generally set forth in the Colorado Election Code. C. All parties shall adhere to all applicable provisions of the Colorado Election Code which are necessary or appropriate to the performance of the below duties, as well as to the time guidelines schedule as attached hereto as these relate to the election . D. All parties shall enforce all provisions of the Fair Campaign Practices Act as they may apply to the conduct of the election . 1.03 JURISDICTIONAL LIMITATION A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Arapahoe County. B. Where the Jurisdiction is entirely contained within Arapahoe County, the CEO has authority in setting ballot order and number. When the Jurisdiction is split among more than one county, the Jurisdiction agrees to coordinate with the CEO prior to agreeing upon ballot order or numbering. SECTION II. COUNTY/JURISDICTION RESPONSIBILITIES The County and the Jurisdiction shall each perform their respective duties and/or functions within the context of this Agreement: 2.01 THE COUNTY SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID ELECTION: A. Give assistance and information to the DEO of the Jurisdiction on any matter related to elections to ensure the smooth and efficient operation of the election. Such information shall not include legal advice. B. Designate a Contact Officer with the specific duty of assisting with the election of the Jurisdiction. Such oversight shall not preclude such Contact Officer from assisting with the elections of other jurisdictions or from performance of other tasks as delegated by the CEO. C. Adhere to all applicable provisions of the Colorado Election Code that are necessary or appropriate to the performance of its duties. Arapahoe County Elections IGA Page 4 • • • • • • D. Use the Address Library Report and any documents provided regarding annexation, inclusion and or exclusion, to identify eligible electors within the Jurisdiction. a. Provide the Jurisdiction with an Address Library Report and link to a digital boundary map which defines Jurisdictional boundaries in terms of residential street ranges based on County Assessor data. b. County will verify errors, omissions, and/or corrections identified by the Jurisdiction against County Assessor data, and where appropriate, modify street ranges to accurately define the eligible electors within the Jurisdiction. E. Make available a certified list of registered voters upon request. F. Deliver a proposed election plan to the Secretary of State no later than 90 days prior to the Election. G. Contract for Mail Ballot Packets with a vendor acceptable to the CEO and remit payment directly to the vendor. H. Lay out the text of the official ballots in a format that complies with the Code. (See also Section 1.03 (B) herein). I. Provide ballot printing layouts and text for proofreading and signature approval by the Jurisdiction prior to final ballot printing. J. Mail the ballot packets as required by the Code . K. Appoint, instruct, oversee, and administer the payment of the judges of the election. L. Prepare and run the required Logic and Accuracy test deck, along with a test deck completed by the Jurisdiction. M. If applicable, provide daily business day pick-up of the sealed ballot container(s) containing voted ballots from all assigned locations. Provide replacement sealed empty ballot container(s). N. Publish and post the required legal notices pursuant to§ 1-5-205(1) and§ 1-7.5- 107(2.5)(a)(I), C.R.S. Notice shall be published for the Jurisdiction's ballot issues, ballot questions, and/or candidates on or before the deadline as set forth within Attachment B. 0. CEO will refer members of the public and press to the DEO regarding specific questions about candidates or ballot questions. P. Provide the necessary electronic voting tabulation equipment, personnel properly trained in electronic tabulating equipment, programming of the vote tabulating equipment, and the facility to conduct the ballot tabulation. Q. Establish and maintain mail ballot drop-off locations and designate and operate Voter Service and Polling Centers as required by and in conformance with the Colorado Election Code . Arapahoe County Elections IGA Page 5 R. Maintain a list of names and precinct numbers of eligible electors together with the date on which the mail ballot was sent and the date on which the mail ballot was returned or cast. S. Conduct and oversee the process of counting the ballots and reporting the results by Jurisdiction. T. Conduct a recount of the ballots where the final ballot tabulation results are close enough to require a recount by law, or if not required by statute, upon the request of the Jurisdiction, for any reason. In either scenario, the cost of the recount will be charged to the Jurisdiction. If more than one Jurisdiction is involved in the recount, the cost will be pro-rated among the participating Jurisdictions equally. U. Provide unofficial results of the election on election night by electronic transmittal upon request. V. In conjunction with the Jurisdiction, prepare and run the required Post Election Audit before certifying election results. W. Conduct a canvass of the votes and certify the results of the Jurisdiction's election within the time required by law and forthwith provide the Jurisdiction with a copy of ali election statements and CEo'itificates which are -to be created under the Ced~. X. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement. Within sixty (60) days from the date of receipt of such invoice, the Jurisdiction shall remit to the County the total payment. Y. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's administration of the election for the Jurisdiction. The Jurisdiction's proportional share of actual costs shall be based on County expenditures relative to the election. Z. Store all election records as required by the Code in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal questions that might arise regarding the election. 2.02 THE JURISDICTION SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID ELECTION AND TABOR NOTICE (IF REQUIRED): A. DEO shall familiarize themselves with all statutory and regulatory requirements impacting the Jurisdiction. B. Identify a DEO to act as liaison between the Jurisdiction and the CEO. C. Identify immediately to CEO if Jurisdiction is shared by any additional county. Procedures will be followed as per SOS Rule 4.2 to determine controlling county for purpose of setting up shared races, issues, and questions in coordinated elections. (See Section 1.03 (B) herein). Arapahoe County Elections IGA Page 6 • • • • • • D. The Jurisdiction confirms that it has sufficient funds available and appropriated in its approved budget to pay its prorated election expenses for this Coordinated Election. See Attachment A. E. The IGA must be returned to the CEO with all signatures executed on or before the deadline as set forth within Attachment B in order to enter into an intergovernmental agreement, per the Code. F. Use the Address Library Report and map provided by the County to identify eligible electors within the Jurisdiction. In order for the CEO to provide correct ballots to electors, the information contained in the Address Library Report must be accurate. If the street list information and/or certification are not provided by the date specified in Attachment B, the Jurisdiction may not participate in this Coordinated Election. G. Identify any errors, omissions, and/or corrections to the street ranges used to define Jurisdictional boundaries in writing eighty (80) days prior to Election Day. H. Provide CEO certification of the accuracy of the Address Library Report including any changes, additions, or deletions to be made to the street ranges and return with signed IGA on or before the deadline as set forth within Attachment B. I. To the extent applicable, a Proposed Jurisdiction, not already identified by a tax authority code in the County Assessor's records, will provide the CEO's office with a certified legal description, map, and a street list, identifying the street ranges for all streets within the Proposed Jurisdiction on or before eighty (80) days prior to Election Day. In the event residential addresses are not available, the Proposed Jurisdiction agrees to provide a list of the land parcel numbers that are within the boundaries of the Proposed Jurisdiction. J. Provide the CEO certification of any annexations, inclusions, and/or exclusions to the Jurisdiction, including all supporting documents, on or before eighty (80) days prior to Election Day. K. For petitions filed with the DEO per§ 1-4-907, C.R.S., review and verify all petition information and verify the information against the registration records, and, where applicable, the county assessor's records as per§ 1-4-908, C.R.S. After review, the DEO shall notify the candidate of the number of valid signatures and whether the petition appears to be sufficient or insufficient. Upon determining that the petition is sufficient and after the time for protest has passed, the DEO shall certify the candidate to the ballot and, if the election is a Coordinated Election, so notify the CEO. L. Jurisdiction is strongly encouraged to write initiatives in plain, non-technical language, worded with simplicity and clarity in compliance with all statutory requirements as per§ 1-40-105(1), C.R.S. M. Respond to inquiries as follows: The CEO shall respond to all correspondence and calls within its expertise relating to election procedures. The DEO shall refer correspondence and calls relating to election procedures, and which are outside of the DEO's expertise, to the Contact Officer for response. The CEO and Contact Arapahoe County Elections IGA Page 7 Officer shall ref er correspondence and calls concerning the substance of the ballot issues or the operations of the Jurisdiction to the DEO or a person designated by the Jurisdiction to respond to correspondence and calls, which person the DEO shall identify and designate at least forty-five (45) days prior to the election. The DEO and/or the person so designated by the DEO shall respond to correspondence and calls within a reasonable time after being notified of the same by the CEO. N. Determine the ballot title and text. Certify, if applicable, the candidate, the list of ballot issues and/or ballot questions electronically (with receipt confirmed by the County Election Department) in a plain text format on or before the deadline as set forth within Attachment B. The ballot content must be certified in the order in which it will appear on the ballot. The certified list of candidates (order determined by lot drawing, or if applicable, city/town charter), ballot issues, and/or ballot questions shall be final and the CEO will not be responsible for making any changes after the certification, except those prescribed by statute. The CEO will not accept text that includes, but is not limited to, bold, italic, underline, bullets, tables, strikethrough or indentations. All caps are reserved for TABOR issues only per the Code. a. The Jurisdiction shall defend and resolve at its sole expense all challenges relative to the candidates, ballot issues and/or ballot questions as certified to the County for inclusion on the ballot. 0 . Jurisdiction is to provide the phonetic pronunciation of each candidate's name to assist with the preparation of the audio ballot at the time ballot content is certified to the County . This information shall be left in a voice message recording at (303) 734-5365 and shall include the candidate name, jurisdiction and title of office. Candidate information must be provided by the date specified in Attachment B. P. Jurisdiction must indicate whether question(s) are a referred measure or an initiative from a citizen petition. The Jurisdiction understands and agrees that any ballot content submitted to the CEO after the ballot content has been certified, may result in its candidates, issues, or questions not being on the ballot for the election. Q. Within one business day of receipt, proofread the layout and the text of the Jurisdiction's portion of the official ballots and TABOR notice (if applicable) and provide written notice (electronic format) of acceptance before the printing of the ballots and TABOR notice (if applicable). R. Prepare, hand-count, and deliver to the CEO, the required test deck of ballots for testing the electronic vote counting equipment by the date specified. S. For elections where owning property in the Jurisdiction is a requirement for voting in the election, utilize the online inquiry terminal to access the State of Colorado and Arapahoe County voter registration records to confirm voter registration and verify "property ownership" information. T. Provide the CEO with an initial and supplemental certified list of "property owners" (if applicable) eligible to vote in the election, as determined by the Jurisdiction, who: Arapahoe County Elections IGA Page 8 • • • • • • a. Own property within the Jurisdiction, appear on the State of Colorado list of registered voters, reside at an address as shown, that is not within the boundaries of Arapahoe County ("Out of County" property owners); or, b. Own property within the Jurisdiction, appear on the Arapahoe County list of registered voters, reside at an address that may not match the property address as shown on the County Assessor's list, but is within the boundaries of Arapahoe County ("In County" property owners). c. The lists shall be submitted as an electronic copy. The electronic copy shall be submitted to the CEO using Microsoft Excel format. The spreadsheet shall contain no more than one (1) eligible elector's name per line. Each line shall consist of the following separated fields: eligible elector's voter identification number (if applicable), last name, first name, middle name, mailing address, city, state, zip, parcel number, phone number, if available, and Arapahoe County precinct number, if applicable. U. Publish and post any required legal notices for the Jurisdiction's candidates, ballot issues and/or ballot questions, other than the notice required by§ 1-5-205, C.R.S. A copy of such published legal notice shall be submitted to the County for its records. V. Notify the CEO within twenty-four hours of the completion of the final: ballot tabulation whether a recount is required or desired. The Jurisdiction shall reimburse the County for the full cost of the recount. If other Jurisdictions are included in the recount the cost of the recount will be pro-rated among the participating Jurisdictions as per§ 1-10.5-101, C.R.S. W. Within sixty (60) days from the date of receipt of an invoice relating to the Jurisdiction's prorated share of costs for the printing and mailing of ballots, TABOR Notice (if required), and all other election expenses, the Jurisdiction shall remit to the County the total payment. X. Pay any additional or unique election costs resulting from Jurisdiction delays and/or special preparations or cancellations relating to the Jurisdiction's participation in the Coordinated Election. 2.03 TABOR A. If the election includes a ballot question and/or issue governed by Colorado Constitution, Article X, Section 20, ("TABOR"), the County shall perform the following tasks in relation to the TABOR Notice: a. Certify the complete number of registered electors and/or household addresses with one or more active registered voters, within the Arapahoe County portion of the Jurisdiction in accordance with the dates in Attachment B. b. Determine the "least cost" method for mailing the TABOR Notice package. Nothing herein shall preclude the County from sending the TABOR Notice or Notice package to persons other than electors of the Jurisdiction if such Arapahoe County Elections IGA Page 9 transmittal arises from the County's efforts to mail the TABOR Notice package at the "least cost." c. Include the text, and provide a proof as written and in the order submitted, in accordance with the TABOR requirements for the TABOR Notice. Coordinate and mail the TABOR Notice package in the time frame as required by law. d. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's TABOR Notice services for the Jurisdiction. The Jurisdiction's proportional share of actual costs shall be based on the County's total expenditures relative to the TABOR Notice. B. If the election includes a ballot question and/or issue governed by Colorado Constitution, Article X, Section 20, ("TABOR"), the Jurisdiction shall perform the following tasks in relation to the TABOR Notice: a. Publish all required legal notices for the Jurisdiction's ballot questions/ballot issues, other than the notice that is required by§ 1-5-205, C.R.S. that is published no later than 10 days before the election, which covers all pertinent information required by statute. A copy of such published legal notice shall be submitted to the County for its records. b. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.), and the time guidelines schedule, as these relate to the election in the Jurisdiction, unless superseded by other legal authority. c. Receive petition representative's written summary of comments relating to ballot issues/ballot questions. d. The Jurisdiction shall certify a final and exact text and summary of comments concerning its ballot issues and/ or ballot questions, along with the required fiscal information to the County, on portable data storage device or email (with receipt confirmed by the Election Department) in Microsoft Word and with a paper copy, within one business day of receipt, for inclusion in the TABOR Notice mailing as required by Section 20 of Article X of the Colorado Constitution. The process of receiving written comments relating to ballot issues/ballot questions and summarizing such comments, as required by Section 20 of Article X of the Colorado Constitution, is the sole responsibility of the Jurisdiction. The certified text, summary of comments and fiscal information shall be final and the County will not be responsible for making any changes after the certification. e. The Jurisdiction shall defend and resolve, at its sole expense, all challenges relative to the TABOR Notices certified to the County for inclusion in the TABOR Notice package for its election. Arapahoe County Elections IGA Page 10 • • • • SECTION Ill. • • CANCELLATION OF ELECTIONS 3.01 CANCELLATION OF ELECTION BY THE JURISDICTION. 4.01 A. In the event that the Jurisdiction resolves not to hold the election, then notice of such resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable for the full actual costs of the activities of the CEO relating to the election incurred both before and after the CEO's receipt of such notice. The Jurisdiction shall provide and post notice by publication as defined in the Code. In the event that the Jurisdiction resolves not to hold the election after the last day for the DEO to certify the ballot order and content to the CEO (see Attachment B), the text provided by the Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR Notice). SECTION IV. MISCELLANEOUS NOTICES. A. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: To Jurisdiction: Matt Crane Arapahoe County Clerk and Recorder Elections Department 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 794-4625 mcrane@arapahoegov.com Loucrishia Ellis City Clerk City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Email: lellis@englewoodgov.org 4.02 TERM OF AGREEMENT. A. The term of this Agreement shall continue until all statutory requirements concerning the conduct of the election and the creation, printing, and distribution of the TABOR Notice, if needed, are fulfilled . Arapahoe County Elections IGA Page 11 4.03 AMENDMENT. A. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. 4.04 INTEGRATION. A. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 4.05 CONFLICT OF AGREEMENT WITH LAW, IMPAIRMENT. A. In the event that any provision in this Agreement conflicts with the Code or other statute, this Agreement shall be modified to conform to such law. No resolution of either party to this Agreement shall impair the rights of the CEO or the Jurisdiction hereunder without the consent of the other party to this Agreement. 4.06 TIME OF ESSENCE. A. T i.11e is of the es5ence fo r this·Agreement. The time requirements cf the Code shall apply to completion of the tasks required by this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines in Attachment B or the Code may result in consequences up to and including termination of this Agreement. 4.07 GOOD FAITH. A. The parties shall implement this Agreement in good faith, including acting in good faith in all matters that require joint or general action. 4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT. A. The Parties hereto understand and agree that the County, its commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the "CGIA"), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the Jurisdiction and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 4.09 NO THIRD PARTY BENEFICIARIES. A. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the Jurisdiction, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement . Arapahoe County Elections IGA Page 12 • • • • • • 4.10 GOVERNING LAW: JURISDICTION AND VENUE A. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the District Court in and for the County of Arapahoe, State of Colorado. 4. 11 SEVERABILITY A. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. 4. 1 2 ATTACHMENTS. A. The following attachments are incorporated herein by this reference. Attachment A -2016 Cost Estimates Attachment B -Key Dates for Coordinating Jurisdictions (subject to updates) END OF PAGE Arapahoe County Elections IGA Page 13 ARAPAHOE COUNTY Nancy Doty, Chair, Board of County Commissioners Matt Crane, Coordinated Election Official Clerk and Recorder City of Englewood By: Joe Jefferson Title: Mayor Loucrishia Ellis, Designated Election Official Arapahoe County Elections IGA • Date Date Date Date • Page 14 • • © ATIACHMENTA CITY OF ENGLEWOOD 2016 ELECTION COST ESTIMATE ARAPAHOE COUNTY I ESTIMATE I .. CLERK AND RECORDER Costs Based On : Active Registered Voters 17,523 Voter Turnout 14,018 UOCAVA Voters 81 Households for TABOR Notice 4,020 Coordinating Entities 13 Ballot Materials & Processing Qt~. Unit Cost Total Outer Envelopes 17,523 $ 0.046 $ 806 .06 Return Envelope 17,523 $ 0.038 $ 665 .87 13allot Parkets , 17 ,523 $ 0.640 $ 11 ,214 .72 Instruction Sheets 17 ,523 $ 0.054 $ 946 .24 Secrecy Sleeve 17,523 $ 0.033 $ 578 .26 UOCAVA Online Ballot Marking Tool 81 $ 0.306 $ 24.79 • Sub Total $ 14,211.15 Mail Ballot Postage Freight Charges 17,523 $ 0.0380 $ 665 .87 Postage Out-Bound 17,523 $ 0.120 $ 2, 102.76 Sub Total $ 2,768.63 VSPC Costs Qt~. Total Divided Cost WIFI Connection 1 $ 1,620.00 $ 124.62 Laptop Computers 1 $ 17,225.00 $ 1,325 .00 iPad Rental 1 $ 3,300 .00 $ 253.85 Machine Seals 1 $ $ Dymo Labels 1 $ $ VSPC Supplies 1 $ 8,000.00 $ 615 .38 VSPC Ballots 1 $ $ Blank Stock for BOD 1 $ 6,000 .00 $ 461 .54 Toner for BOD 1 $ $ Provisional Ballot Envelope 0 $ $ Machine Delivery 1 $ 4,000 .00 $ 307.69 Sub Total $ 3,088.08 • Personnel Costs Qt~. Unit Cost Total • Ballot Processing and VSPC Election Judges 14,018 $ 0.81 $ 11,354 .90 Temp Staff Background Check 14,018 $ 0.03 $ 420.55 Sub Total $ 11,775.46 Additional Costs Qt~. Total Divided Cost Ballot Bridging 1 $ $ Ballot on Demand Setup 1 $ $ Pre-Marked Test Deck 1 $ 3,000.00 $ 230 .77 Car Rental 1 $ 9,267.00 $ 712.85 Ballot T earn Mileage 1 $ 500 .00 $ 38.46 Sub Total $ 982.08 Notices Qt~. Unit Cost Total TABOR Printing 4,020 $ 0.43 $ 1,728.60 TABOR Postage 4,020 $ 0.10 $ 402.00 Notice of Election 1 $ 300.00 $ 23 .08 Sub Total $ 2,153.68 Total Election Expense $ 34,979.07 Less Cost Shared by Other Coordinating Entities $ (23,319.38) Total Due to Arapahoe County $ 11,659.69 • • Attachment B • 2016 Key Dates for Coordinating Jurisdictions Resource provided by Arapahoe County Elections . Use this as a reference guide only. Always refer to the Colorado Constitution , Revised Statutes and Secretary of State rules for applicable provisions. See the official 2016 Election Calendar: http ://www.sos .state .co .us/pubs/elections/calendars/2016ElectionCalendar.pdf 29-Jul Last day .to notify Gou nty .Clerk o(intent to . partiCipat~.in :~ · · 1;7-.11·5(5); :; : i:>t:·;;1'.1~~'.f-. the Gene'ral ~Ele~tion (1 oo days· i:>rior) ;>·'· · >:· -· .'·' ;.: ' .. -~, .. 1'~.1/~ 06(5)';·'. ·. ,_•\': • ... ·. -. · · · ·· · · ·· · . . ' · ~>·· < ·· \ · ·-··: ·. JG;A;Agree!rient :,>~·:<. County Clerk to provide copy of legal boundaries to jurisdiction D~adline to. cancel :participation .i11a -~oordir\ated . IGA Agreement ,.. ·. . ·~ . e!eetion <6·3'.days· prior} -· ' . . . .. ' i-,.----.--c..~--+~-'-----__,-~-------'""--'o-~......_,.~~~~t--~--,---'---"'"-. ·-· ---· --·---.,~--'-" 9~Sep > Last day for coordinating jurisdictions to .certify _baHc)J .. ·.· . · ·· contentto col.lnty Clerk (60 days prior). · · · ·' · ~ ' ! . 9-Sep 24-Sep 27~Sep 27-Sep 7-0ct 17-0ct 17-0ct 17-0ct 19~0ct 24-0ct 24-0ct 31-0ct Candidates must record their name exactly as it appears Rule 4 .6.2 on the statement of intent, and must provide the recording to the county clerk no later than the deadline to file the statement of intent. Deadline to transmit ballots to overseas and military 1-8.3-110(1) voters (45 da s prior) Rule 16 Deadline torjurisdidi6n to file TABOR i~sue notices with ·· 1.-7-904 county clerk (42 days prior) · ·· · · · · ·· Deadline to mail TABOR notices (30 days prior) Article X, Sec. 20(3) (b); 1-1-106 5 Deadline to register to vote by Voter Registration Drive 1-2-201 (3)(b )(I) First day mail ballots may be sent to voters, excluding 1-7 .5-107(3)(a) UOCAVA (22 days prior) County ballot drop-off locations and pick-ups begin La~t dayJor de~ignated or. coordinated election offiCial . 1-7.5~ 107(2 .5)(a){I) ·· to publish notice of Coordinated Election (20 days .prior) · .. ·, . . . . . ' . '· ,_ Counting of ballots may begin (15 days prior) 1-7.5-107.5 County Voter Service & Polling Centers (VSPCs) open 1-5-102.9(2) Last day to register to vote through the mail , agency, 1-2-201 (3)(b )(Ill) motor vehicle, or online and receive a ballot by mail Candidate County Clerk Jurisdiction '·, County Clerk County Clerk Voters County Clerk County Clerk · CountY Clerk , , Jurisdiction County Clerk County Clerk Voters 8-Nov General Election Day 1-1-104(17); County Clerk , • (Voter Service and Polling Centers and Ballot Drop-Off 1-4-201; Voters locations open 7 a.m. -7 p.m .) Rule 7 .9.1 (b) 16-Nov Last day for military and overseas ballots to be received 1-8 .3-111 ; Voters by Clerk in order to be counted (8 days after election) 1-8 .3-113; Rule 16.1.5 16-Nov Last day for electors to cure signature discrepancy or 1-7.5-107(3.5)(d); County Clerk, missing signature, or to provide missing ID for mail and 1-7.5-107.3(2)(a); Voters provisional ballots to be counted . (8 days after election) 1-8 .5-105(3)(a); Rule 7 25-Nov Deadline to complete the canvass for the Coordinated 1-10-102( 1) County Clerk Election. (17 days after election) Rule 10 9-Dec Last day for interested party to request a recount at its 1-10.5-106(2) Any own expense. 15-Dec Last day to complete a requested recount. 1-10.5-106(2) County Clerk • • • COUNCIL COMMUNICATION DATE: AGENDA ITEM: SUBJECT: Ordinance approving the Sand Creek Planned Unit Development August 15, 2016 11ai Amendment and Iron Works Village Site Plan INITIATED BY: STAFF SOURCE: Audra L. Kirk , Planner II Community Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the Sand Creek Planned Unit Development (PUD) District Plan February 4 , 2013. The District Plan approval required that prior to any residential development, a site plan for the residential development would need approval from the Planning and Zoning Commission and City Council. Council approved the Foundry Site Plan of the Sand Creek Planned Unit Development on January 19, 2016 . PREVIOUS PLANNING AND ZONING COMMISSION ACTION The Planning and Zoning Commission considered the Sand Creek PUD Amendment and Iron Works • Village Site Plan at a Public Hearing on July 19, 2016. The Commission considered testimony from staff and from the developer and by a vote of 7 to 0 the Commission approved the Sand Creek PUD Amendment and Iron Works Village Site Plan and forwarded to City Council with a favorable recommendation. No public testimony was received at the Planning and Zoning public hearing . RECOMMENDED ACTION The Community Development Department recommends that City Council approve the Sand Creek PUD Amendment allowing single family and multi-family residential and the Iron Works Village Site Plan on first reading, and set September 6, 2016 as the date for a Public Hearing BACKGROUND The Sand Creek PUD parcel is 10.55 acres and was formerly occupied by the General Iron Works (GIW). Regional Transportation District (RTD) acquired the northern portion of the GIW parcel for its maintenance facility in 2002 . Sand Creek acquired the southern portion of the GIW parcel in 2010. These parcels have been zoned industrial since zoning was first adopted in 1940. The PUD is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations . A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses and is composed to two major elements : a District Plan and a Site Plan . The District Plan provides the regulatory framework within which development may occur and the Site Plan provides for the spatial distribution of land uses within the proposed development. The Sand Creek PUD District Plan incorporated the Permitted Principal Uses of the original underlying • 1-2 General Industrial District with the addition of multi-family residential uses . It further stipulated that site plan approval for industrial, office or retail uses may be processed administratively , whereas, residential development must have the site plan reviewed and approved by the Planning and Zoning Commission and City Council. • • • PUD OVERVIEW The Sand Creek PUD Amendment is proposing the following: 1. Single Family Detached House Lot Lot Size: 26' X 72' Typical Maximum Lot Coverage (Including Covered Porches and Garages) 60% Building Height: 42' Maximum Maximum Front Setback to Covered Porch : 4' Minimum Front Setback to Principal Building : 8' Minimum Side Setback to Covered Porch On Side Street: 4' Minimum Side Setback To Principal Bu ilding On Side Street: 8' Minimum Side Setback : 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 2. Duplex Lot Lot Size : 46' X 72'Typical , 51' X 72' On Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 80% Building Height: 42' Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building : 8' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street 8' Minimum Side Setback: O' or 3' Minimum Rear Setback : 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 3. Townhome Lot Lot Size: 20'x45' or 16'x45' Typical, 30'x45' on Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 85% Building Height 42' Maximum Front Setback to Covered Porch : 4' Minimum Front Setback to Principal Building : 6' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street: 8' Minimum Side Setback: O' or 3' Minimum Rear Setback : 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 4. Condominiums Lot Size: Varies Maximum Lot Coverage (Including Covered Porches and Garages) 60% Bui I ding Height: 55' Maximum Front Setback to Covered Porch at Street: 4' Minimum Front Setback to Principal Building at Street: 12 ' Minimum 2 Side and Rear Setback at Alley : Side and Rear Setback: 5. Parking 3' Minimum 10' Minimum The current Unified Development Code (UDC) requires 1.5 parking spaces per unit , plus 1 guest space per 5 units . The proposed development would require 232 parking spaces . The appl icant is proposing a total of 313 parking spaces. Of the 313 parking spaces , 64 spaces are on-street parking. The UDC does not allow on street parking to be counted toward the required parking, however, the streets within the Sand Creek PUD Amendment are private streets, and therefore will count toward total parking required . However, if the on street parking was not included , the total number of provided spaces would be 249 , which would exceed the amount currently required by the UDC . 6. Landscaping The UDC has different landscaping requirements based on the project type . A single family or multi-unit dwellings (2 to 4 units) requires 40% landscaping . A multi-unit project with more than 4 units requires 25% landscaping . Due to the scope and variety of types of housing, (single family, multi-family) it is difficult to compare the proposed landscaping to the required landscaping under the current UDC . However, as outlined in the table below , the applicant is proposing to provide landscaping that is closer to the single family (40%) requirement than to the multi-family (25%) requirement. Required trees Required shrubs One unit dwelling or Multi-unit dwelling (2 236 1475 to 4 units) 40% Multi-unit dwelling (more than 4 units) 147 922 25% Proposed .. minimum landscaping 235 1000 7. Public Land Dedication: The park fee in-lieu fee for the development will be $52,435 .00 CITY DEPARTMENT AND OUTSIDE AGENCY REVIEW: The applicants had several pre-appl ication meetings with staff in the first and second quarters of 2016 . Issues that were identified during the pre-application meeting were addressed by the applicant and the final PUD packets were submitted to staff on May 26 , 2016 . The final plans were reviewed by City of Englewood departments and the following comments were made : Building: Fire Separation Distance . Exterior wall rating , projections and openings shall comply with 20121RC Table R302 .1 (1 ). 3 • • • • • • Engineering Public Works: All revisions requested by Engineering may be completed after public hearing. Revisions address cross sections and street details. Engineering Traffic: The City's traffic engineer is working with Kimley-Horn on the traffic study and does not foresee any traffic concerns with the initial submittal. Community Development: The Sand Creek PUD Amendment will allow for single family residential homes in addition to multi-family residential that was approved under the original Sand Creek PUD. Fire Marshal: As of submittal for ZON2016-002 the City of Englewood Fire Marshal's Office approves of the changes that included access and fire hydrants. Xcel Energy: To ensure that adequate utility easements are available within this development and per state statutes, PSCo requests the balance of tracts (A,D,F ,G,H,l,P,R,S,T, and U) be also granted utility easements. Tri-County Health Department: TCHD commends the applicant on the following: • specifying the scale of the proposed structures should relate to the pedestrian . pedestrian-scale design features like front porches will aid in the creation of a environment that encourages walking, • strong network of on-site sidewalks, and • including bicycle parking . Proposing pedestrian RTD -Engineering Division: RTD requests that the developer minimize construction impact to the active rail line adjacent to the project. The rail cars are powered by the overhead electric system. The use of cranes or scaffolding next to the track requires extreme caution. A guide for building in close proximity to existing light rail is attached. (The guide has been forwarded to the applicant). FINANCIAL IMPACT The Foundry Site Plan of the Sand Creek PUD will bring additional building permit revenue, use tax , park fee in lieu revenue and new property tax . LIST OF ATTACHMENTS The Sand Creek PUD Amendment Planning and Zoning Commission Staff Report Neighborhood Meeting Minutes Dated March 15 , 2016 Planning and Zoning Commission Minutes Planning and Zoning Commission Findings of Fact Neighborhood Meeting Notes dated March 15 , 2016 Bill for Ordinance 4 • • • TO: THRU: FROM: DATE: Planning and Zoning Commission Brad Powers, Community Development Director Harold J. Stitt, Senior Planner Audra L. Kirk, Planner II July 19, 2016 SUBJECT: Case ZON2016-002 -Public Hearing Sand Creek PUD Amendment -Iron Works Village APPLICANT: BL VD Builders Aaron C . Foy P.O. Box 8625 Denver, CO 80201 PROPERTY OWNER: Sand Creek Investors, L.L.C 3002 South Huron Street Englewood, CO 80110 PROPERTY ADDRESS: 601 West Bates Avenue Englewood, CO 80110 REQUEST: The applicant is requesting approval of the Sand Creek (Planned Unit Development) PUD Amendment. The amendment would allow single family residential units in addition to the already approved multi-family residential units. The Sand Creek PUD District Plan was brought before the Planning and Zoning Commission on November 20, 2012 and forwarded to City Council with a recommendation for approval. The Sand Creek PUD District Plan was approved by Council on February 4, 2013 with the condition that the final PUD Site Plan receive approval from the Planning and Zoning Commission and City Council. RECOMMENDATIONS: The Department of Community Development recommends approval of Sand Creek PUD Amendment, and forwarding to Council with the recommendation to approve . Planning & Zoning Division 303-762-2342 Building Division 303-762-2356 Economic Development 303-762-2599 1000 Englewood Parkway • Englewood, Colorado 80ll0 • www.englewoodgov.org •• • LEGAL DESCRIPTION NORTH PROPERTY: Lot 2, Block 1, General Iron Works Subdivision Filing No. 2, located in the northwest quarter of the northwest quarter section 34, township 4 south, range 68 west of the 5th principal meridian. ZONE DISTRICT: Sand Creek PUD PROPERTY LOCATION AND SURROUNDING LAND USE: The Iron Works Village site is an 8.47 acre parcel located within the Sand Creek PUD. The site surrounds the already approved Foundry Apartments. The Foundry Site Plan was approved by the Planning and Zoning Commission on November 3, 2015, forwarded to City Council with a recommendation for approval, and approved by City Council on January 19, 2016. The Sand Creek PUD is located adjacent to the RTD Light Rail line between West Bates Avenue and just north of West Amherst Avenue. Land directly to the west is the RTD Light Rail tracks and the BSNF railroad tracks and further west beyond South Santa Fe Drive is an industrial zone district and the Englewood/Littleton Waste Water Treatment Plant. Surrounding land to the east is a combination of 1-1 (light industrial) and R-2-B (single and multi-family) zone districts. Th is a rea is a mixture of industrial uses, single and multi-family housing as 1,,ve ll as non·· conforming residential units in the industrial districts. To the North is the RTD maintenance facility zoned 1-2 (heavy industrial). • PUD SITE PLAN APPROVAL PROCEDURE: • Approval of a PUD Amendment requires the applicant to hold a pre-application meeting with staff, and a neighborhood meeting with owners and tenants located within 1,000 feet of the proposed PUD. After the neighborhood meeting, a formal submittal is made to the City and reviewed by City departments. Public hearings are held before the Planning and Zoning Commission and City Council. If the PUD Amendment is approved there is a 30 day referendum time period before permits can be granted. BACKGROUND: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses. The Sand Creek PUD District Plan was approved on March 4, 2013, by City Council, and recorded at Arapahoe County March 14, 2013. The purpose of Sand Creek PUD District Plan was to change the properties Permitted Principal Uses to allow multi-family residential uses in addition to the industrial, office and retail uses allowed in the 1-1 and 1-2 industrial zone districts. The Sand Creek PUD parcel is 10.55 acres and was formerly occupied by General Iron Works (GIW). RTD acquired the northern portion of the GIW parcel for its maintenance • 2 • • • facility in 2002. Sand Creek acquired the southern portion of the GIW parcel in 2010 . Parcels have been zoned industrial since the first zoning was put into place in 1940. NEIGHBORHOOD MEETING SUMMARY: Pursuant to the Unified Development Code PUD procedure, the applicant conducted a neighborhood meeting on Tuesday, March 15, 2016. Notice of the neighborhood meeting was mailed to owners and tenants of property located within 1000 feet of the proposed PUD property. A meeting summary is attached (See Exhibit A). CITY DEPARTMENT, DIVISION AND OUTSIDE AGENCY REVIEW: The applicants had several pre-application meetings with staff in the first and second quarters of 2016. Issues that were identified during the pre-application meeting were addressed by the applicant and the final PUD packets were submitted to staff on May 26, 2016. The final plans were reviewed by City of Englewood departments and the following comments were made: Building: Fire Separation Distance. Exterior wall rating, projections and openings shall comply with 20121RC Table R302.1 (~ ). Engineering Public Works: All revisions requested by Engineering may be completed after public hearing . Revisions address cross sections and street details. Engineering Traffic: The City's traffic engineer is working with Kimley-Horn on the traffic study and does not foresee any traffic concerns with the initial submittal. Community Development: The Sand Creek PUD Amendment will allow for single family residential homes in addition to multi-family residential that was approved under the original Sand Creek PUD. Fire Marshal: As of submittal for ZON2016-002 the City of Englewood Fire Marshal's Office approves of the changes that included access and fire hydrants. Xcel Energy: To ensure that adequate utility easements are available within this development and per state statutes, PSCo requests the balance of tracts (A,D,F,G,H,l,P,R,S,T, and U) be also granted utility easements. Tri-County Health Department: TCHD commends the applicant on the following: • specifying the scale of the proposed structures should relate to the pedestrian. Proposing pedestrian-scale design features like front porches will aid in the creation of a pedestrian environment that encourages walking, • strong network of on-site sidewalks, and • including bicycle parking. 3 RTD -Engineering Division: RTD requests that the developer minimize construction • impact to the active rail line adjacent to the project. The rail cars are powered by the overhead electric system. The use of cranes or scaffolding next to the track requires extreme caution. A guide for building in close proximity to existing light rail is attached. (The guide has been forwarded to the applicant). The Sand Creek PUD Amendment is proposing the following: 1. Single Family Detached House Lot Lot Size: 26 1 X 72 1 Typical Maximum Lot Coverage (Including Covered Porches and Garages) 60% Building Height: 42 1 Maximum Maximum Front Setback to Covered Porch: 41 Minimum Front Setback to Principal Building: 81 Minimum Side Setback to Covered Porch On Side Street: 41 Minimum Side Setback To Principal Building On Side Street: 8' Minimum Side Setback: 31 Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 2. Duplex Lot Lot Size: 46' X 72'Typical, 51' X 72' On Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 80% Building Height: 42' Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building: 8' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street: 8' Minimum Side Setback: O' or 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 3. Townhome Lot Lot Size: 20'x45' or 16'x45' Typical, 30'x45 1 on Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 85% Building Height 42' Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building: 6' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street: 8' Minimum Side Setback: O' or 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3 1 Minimum (at alley intersections) 4 • • • • • 4. Condominiums Lot Size: Varies Maximum Lot Coverage (Including Covered Porches and Garages) 60% Building Height: 55' Maximum Front Setback to Covered Porch at Street: 4' Minimum Front Setback to Principal Building at Street: 12' Minimum Side and Rear Setback at Alley: 3' Minimum Side and Rear Setback: 1 O' Minimum 5. Parking Current Unified Development Code (UDC) requires 1.5 spaces per unit, plus 1 guest space per 5 units. The proposed development would require 232 parking spaces. The applicant is proposing a total of 313 parking spaces. Of the 313 parking spaces, 64 spaces are on-street parking. The UDC does not allow on street parking to be counted towards the required parking, however, the streets within the Sand Creek PUD Amendment are private streets, and therefore will count towards total parking required. However, if the on street parking was not included, the total number of provided spaces would be 249, which exceed the amount currently required by the UDC. 6. Landscaping The current UDC has different landscaping requirements based on the project type. A single family or multi-unit dwellings (2 to 4 units) requires 40% landscaping. A multi-unit project with more than 4 units requires 25% landscaping. Due to the scope and variety of types of housing, (single family, multi-family) it is hard to compare the proposed landscaping to the required landscaping under the current UDC. However, as outlined in the table below, the applicant is proposing to provide landscaping that is closer to the single family (40%) requirement than the multi-family (25%) requirement. Required trees Required shrubs One unit dwelling or Multi-unit dwelling 236 1475 (2 to 4 units) 40% Multi-unit dwelling (more than 4 units) 147 922 25% Proposed minimum landscapinq 235 1000 7. Public Land Dedication: The park fee in-lieu fee for the development will be $52,435.00 5 SUMMARY: The applicant is proposing approval to amend the Sand Creek PUD to allow single • family residential in additional to the multi-family residential approved in the original Sand Creek PUD. The applicant has met or exceeded all requirements in the Sand Creek PUD District Plan. The Sand Creek PUD Amendment must be approved by the Planning and Zoning Commission as well as City Council. PLANNED UNIT DEVELOPMENT CONSIDERATIONS: The Commission must determine if the Sand Creek PUD Amendment is consistent with the Englewood 2003 Comprehensive Plan. The Planning and Zoning Commission can approve, approve with conditions or deny the proposed PUD. PUD Amendment The Site Plan sets forth the zoning regulations under which the proposed development will occur. 1. The PUD Amendment is, or is not, in conformance with the District Plan requirements and the Comprehensive Plan. -:-::-,:; proposed PUD Amendment is in conformance with the District Plan and the Comprehensive Plan. Section 5: Housing, Goal 1 states, "Promote a balanced mix of housing opportunities serving the needs of all current and future Englewood Citizens". Objective 1-3 states, "Encourage housing investments that improve the housing mix, including both smaller and larger unit sizes, and a • wider range of housing types, including single-family, duplex, town home, and condominium units". 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning Sand Creek PUD Amendment have been received. 3. The PUD Amendment is consistent with adopted and generally accepted standards of development in the City of Englewood. The Sand Creek PUD Amendment is consistent with accepted development standards established by the City of Englewood. 4. The PUD Amendment is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. Sand Creek PUD Amendment is in conformance with all other ordinances, laws and requirements of the City. 6 • • • • ATTACHMENTS: Exhibit A: Sand Creek PUD Amendment (Iron Works Village) -June 13, 2016 Exhibit B: Neighborhood Meeting Summary-March 15, 2016 7 Sand Creek (Iron Works Village) PUD Major Subdivision Neighborhood Meeting Mayflower Church March 15, 2016 Attendees: Approximately 20 Applicant Presentation 1. Aaron Foy, President, BL VD Builders, LLC, introduced his team and explained how the PUD process works. He explained that the current zone district is currently a PUD that was approved several years ago. Mr. Foy explained that the proposed project would consist of multi-family, and single family. residential. The current PUD does not allow for single family homes, he is wanting to amend the PUD to allow single family homes. The proposed project will also be dedicating streets back to the City of Englewood. The street dedication would require a major subdivision, with a public hearing in front of the Planning and Zoning Commission as well as a public hearing in front of Council. Mr. Foy also talked about his proposed project, and the different housing types. He then opened the floor up for questions. Questions 1. What's the square footage on the units? • 1000 s.f. to 2000 s.f. 2. Will the single family homes have a garage? • Yes, they will be rear loaded. 3. Will the single family homes have basements? • Yes, there will be a few homes without basements due to the past contamination on the site. 4. What is the square footage for the condos? • 2 bedrooms will be 1300 s.f. • 3 bedrooms will be 1350 s.f. 5. Does the square footage include the basement? • No. 6. What is the open space requirement? • There will be open space on the site, but we are planning on paying a fee-in- lieu. • • • 2 • 7. How much will the fee-in-lieu be? • Approximately $100,000 to $300,000. 8. Will the lots be private? • Yes, all lots will be privately owned. There will be a metro district to maintain common areas, etc. .. 9. Will there be an HOA? • No, there will be a Metro District. 10. What about a restaurant? • There will not be a restaurant. 11. Was a traffic study done? • Yes, the City of Englewood has required a traffic study. There will be an increase of 20 -30% (approx.) 12 . The bus stop on Elati, is that a temporary stop? • No. 13 . What about the bus stop on Bates? • • That stop will not be affected. • 14. Is this the same company as the apartment building? • No, it is hot. 15. Will there be any amenities? • Possibly a tot-lot. 16. What about pre-sales? • We are looking out about a year for pre-sales. 17. How long until completion? • About 3 years out. 18. How big are the lots? • 2,000 -3,000 s.f . with side/court yard. 1 9. Will there be a O' lot line? • No, we will have setbacks 20 . How tall will these be? • The condo building will be 40 -45' 21. There are not enough street lights in that area, will you be providing lighting? • Yes 22. Comment -the $300,000 price tag will bring our value down. 23 . Will there be a front porch to the single family homes? • Yes, they will be approximately 7 -8' deep, we want people to use the porch as an extension to their homes. 24. What will the percentage of HUD homes be? • 0 25 . Where are your other project? • RiNo and Thornton 26 . Will these all be market rate? • Yes. 27. How many new people will this bring to the neighborhood? • Approx. 250 28. What are your parking ratios? • We will be parked at 3 spaces per unit. 29. Will there be bicycle parking, access, trails? 3 • We have been working with the City on the Walk and Wheel Master Plan, the city is planning on have a bike trail along West Bates Avenue that we will t i e into and have access too. 30. Has there been any council response to the small 1000 s.f.? • No. 31 . What will the exterior materials be? • A lot of siding that is typical in Englewood, and some brick and stone on the condo. 32. Will this project affect the water pressure in this neighborhood? • I am not sure, we are working on that. 33. Comment: I think the single family homes should have larger lots. • The state has concerns about people digging in their yards . 34. How big is the contamination area: • It's hard to tell. • • • • • • 35. Will there be constant monitoring at the state level? • No, that is not a requirement. 36. Will landscaping be done by you? • Yes, we will put in minimums. 3 7. Will you have an on-site sales office? • Yes 38. Will there be anything for a tribute to GIW? • Yes, we are thinking so . 4 ·Englewood MINUTES Planning and Zoning Commission Meeting Tuesday, July 19, 2016 1000 Englewood Pkwy -Council Chambers 7:00 PM 1. Call to Order 2. Roll Call 3. • 4. • Present: Bleile, Brick, Coleman, Fish, Kinton, Madrid, Pittinos Absent: Freemire (Excused), Townley (Excused) Staff Present: Brook Bell, Planner II Audra Kirk, Planner 11 Aaron Foy, Boulevard Builders Approval of Minutes · Fish moved; Bleile seconded: TO APPROVE THE MINUTES OF JUNE 7, 2016 Yes: Bleile, Brick, Coleman, Madrid, Pittinos, Kinton, Austin No: None Abstain: Fish Absent: Freemire, Townley Public Hearing: ZON2016-002 Sand Creek Planned Unit Development Amendment Bleile moved; Fish seconded: TO OPEN THE PUBLIC HEARING FOR ZON2016-002 SAND CREEK PLANNED UNIT DEVELOPMENT AMENDMENT Yes: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton No: None Abstain: None Absent: Freemire, Townley Staff Presentation Audra Kirk, Planner II, was sworn in. Ms. Kirk reviewed the history of the property and the request of the developer to approve the site plan. 5. Applicant Presentation Planning and Zoning Commission July 19 , 2016 Aaron Foy, Boulevard Builders, was sworn in . Mr. Foy presented slides with illustrations of the proposed amended s ite plan. Public Testimony No members of the public presented testimony. Brick moved; Kinton seconded: TO CLOSE THE PUBLIC HEARING FOR ZON2016-002 SAND CREEK PLANNED UNIT DEVELOPMENT AMENDMENT Yes : No : A b st ail": Absent: Bleile, Brick, Fish, Coleman , Madrid , Pittinos, Kinton None N011~ Freemire, Townley Discussion ~~ .~~ The Commiss ioners discussed the merits of the project. Fish moved; Coleman seconded: TO APPROVE ZON2016-002 SAND CREEK PLANNED UNIT DEVELOPMENT AMENDMENT Yes: Bleile, Brick, Fish , Coleman, Madrid, Pittinos , Kinton No : None Abstain: None Absent: Freemire, Townley Motion carried. Public Hearing: 2016-03 Sign Code Amendments Bleile moved; Fish seconded : TO OPEN THE PUBLIC HEARING FOR CASE 2016-03 AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SIGN REGULATIONS . Yes : Bleile, Fish, Coleman, Madrid, Pittinos, Kinton • • • • 6. 7. 8. :Ej: 9. • No: None Abstain: None Absent: Freemire, Townley, Brick Staff Presentation Planning and Zoning Commission July 19, 2016 Brook Bell, Planner II, was sworn in. Mr. Bell informed the Commission that new information has recently become available and he recommends the Commission continue the hearing until such time as the information can be incorporated into the draft revised sign code. The hearing will be continued on August 16, 2016. Fish moved; Madrid seconded: TO CONTINUE THE PUBLIC HEARING FOR CASE 2016-03 AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SIGN REGULATIONS. Yes: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton No: None Abstain: None Absent: Freemire, Townley Motion passes. Public Forum No members of the public addressed the Commission . Staffs Choice Mr. Bell welcomed Mr. Coleman and Ms. Austin to the Commission. Mr. Bleile requested that introductions be added to the agenda of the next meeting. Mr. Pittinos questioned the mailing of complete plans to the Commissioners. Attorney's Choice Mr. Comer did not have any additional comments for the Commission. Commissioner's Choice Mr. Bell asked the Commissioners if they wished to continue receiving Planning magazine. Mr. Madrid shared information regarding a meeting he attended recently regarding historic preservation options for the community. Mr. Brick requested an update on the progress of the Comprehensive Plan . 10. Adjournment The meeting adjourned at 8:40 p.m. --'-'/s-'-/....;..J..;;;.;.u.;.;..lie;;......;;;;.B....;..a..;.;..ile.;;...y........_ __ , Recording Secretary Planning and Zoning Commission July 19, 2016 • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2016-002, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE AMENDMENT OF THE SAND CREEK PLANNED UNIT DEVELOPMENT INITIATED BY: BLVD BUILDERS Aaron C. Foy PO Box 8625 Denver, CO 80201 FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Bleile, Brick, Coleman, Madrid, Pittinos, Kinton ~ommission Members Absent: Freemire, Townley This matter was heard before the City Planning and Zoning Commission on July 19, 2016, in the City Council Chambers of the Englewood Civic Center. • Testimony was received from staff. The Commission received notice of Public Hearing, the • Staff Report, and a copy of the proposed amendment to the Sand Creek Planned Unit Development which were incorporated into and made a part of the record of the Public Hearing . After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on July 19 , 2016, was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood . 2. THAT notice of the Public Hearing was published in the Englewood Herald on July 7, 2016, and was posted on the City's website from July 7 to July 19, 2016. 3 . THAT a neighborhood meeting was held on March 15, 2016, pursuant to the PUD procedure . 4. THAT the applicant is proposing the addition of single family residential in addition to the multi-family residential approved in the original Sand Creek PUD District Plan. • • • • 5 . THAT the proposed amendment has been reviewed by the Building, Engineering, Public Works, Traffic, Fire and Community Development Departments and found to comply with all codes and regulations. CONCLUSIONS 1. THAT The Sand Creek PUD Amendment is consistent with accepted development standards established by the City of Englewood and the PUD Amendment is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. 2. THAT the proposed PUD Amendment is in conformance with the District Plan and the Comprehensive Plan. Section 5 : Housing, Goal 1 states, "Promote a balanced mix of housing opportunities serving the needs of all current and future Englewood Citizens". Objective 1-3 states , "Encourage housing investments that improve the housing mix, including both smaller and larger unit sizes, and a wider range of housing types, including single-family, duplex, town home, and condominium units''. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #ZON2016-002, Amendment to the Sand Creek PUD should be referred to the City Council with the recommendation which follows . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on July 19, 2016 by Brick, seconded by Kinton , which motion states: AYES: NAYS: ABSTAIN: ABSENT: Motion carried. CASE #ZON2016-002, AMENDMENT TO THE SAND CREEK PLANNED UNIT DEVELOPMENT BE FORWARDED TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton None None Freemire, Townley These Findings and Conclusions are effective as of the meeting on July 19 , 2016 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Daryl Kinton, Chair ORDINANCE NO . SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE APPROVING THE SAND CREEK PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT NO. 1, AND THE IRON WORKS VILLAGE SITE PLAN . WHEREAS, the City of Englewood City Council approved the Sand Creek Planned Unit Development (PUD) with the passage of Ordinance No. 5 Series of 2012/2013 , which required that prior to any residential development a site plan for the residential development would need approval from the Planning and Zoning Commission and the Englewood City Council; and WHEREAS, the City of Englewood City Council approved the Foundry Site Plan of the Sand Creek Planned Unit Development (PUD) located on the South East Portion of the Sand Creek PUD with the passage of Ordinance No. 2, Series of 2015 /2016; and WHEREAS, BLVD Builders filed an application for an amendment to the 2012/2013 Planned Unit Development to allow single family residential units in addition to the already approved multi- family residential units; and WHEREAS, this Amendment No. 1, would allow single family residential units in addition to the already approved multi-family residential units ; and WHEREAS, pursuant to 16-2-8(1)(1) E.M.C ., major modifications to a P.U.D . District plan must be approved pursuant to the same limitations and requirements by which such Plan was originally approved; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on July 16 , 2016, reviewed the Amendment of the Planned Unit Development and recommended approval of this Sand Creek Planned Unit Development Amendment No . 1 -and Iron Works Village Site Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood City Council has reviewed Amendment No. 1-and Iron Works Village Site Plan to the Sand Creek Planned Unit Development and pursuant to 16-2-8(1)(1) E.M .C . finds that the Planned Unit Development (P.U.D .) Amendment No. 1 is in conformance with the approved Planned Unit Development requirements . 1 • • • • • • Section 2. The Englewood City Council finds that all required documents, drawings, referrals, recommendations and approvals have been received. Section 3. The Englewood City Council finds that the amended P.U.D. and site plan is consistent with adopted and generally accepted standards of development within the City. Section 4. The amended P .U .D . site plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. Section 5 . The City Council of the City of Englewood, Colorado hereby approves Amendment No. 1 to the Planned Unit Development for the Sand Creek-and the Iron Works Village Site Plan, attached hereto as Exhibit A. Introduced, read in full, and passed on first reading on the 15th day of August, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of August, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of August, 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 15th day of August , 2016. Loucrishia A. Ellis 2 • • • '•t; I ~ l ~ i i i I I i E ~ ~ ~' ~· SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO LEGAL DESCRIPTION LOT 2 , BLOCK 1, GENERAL IRON \IVORKS SUBDIVISION FILING NO. 2, LOCATED IN THE NORTHWEST QUARTER OF THE NORTH\o\€ST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 28, 2016 AT REC EPTION NO. 06030247, COUNTY OF ARAPAHOE, STATE OF COLORADO PAOJEQ 8ACKGRDUND THE SU&JECT PROPERTY 15 COMPOSED OF ONE PARCEL. LOCATED EAST OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, NORTH Of WEST BATES AVENUE ANO WEST OF EAST ELATI STREET. THE FOUNDRY APARTMENTS ARE ON AN ADJACENT PARCEL TO THE SOlJTHEAST OF THE SUBJECT PROPERTY . TI-IE TOTAL AREA IS APPROXIMATELY 8.47 ACRES, OR 369,089 SQ. FT. IBE SITE, WHICH IS CURRENTLY OWNED BY SANO CREEK INVESTORS, LLC, IS CURRENTLY ZONED PUD PURSUANT TO THE REQUIREMENTS AND LIMITATIONS OF THE SANO CREEK PUO, WHICH WAS APPROVED BY THE CITY Of ENGLEWOOD ON MAY 9, 2013. TH E SAND CREEK PUD AllOWS FOR 1·2 USES AND ADDED MULTl·FAMILY USES ANO DEVELOPMENT STANDARDS THAT ARE APPROPRIATE AND CONFORMING TO THE SURROUNDING USES IN THE AREA . THESITE HAS BEEN CLEANED UP DUE TO HISTORIC IRON WORKS ACTIVmES ON THE PROPERTY , ADDITIONAL CLEANUP Will OCCUR AS PART OF TliE DEVELOPMENT PROPOSED IN THl5 PUD AMENDM ENT. TliE PUD AMENDMENT WILL INTRODUCE ZONING ANO DEVELOPMENT STANDARDS THAT WILlALLOW FOR AND PERMIT SINGLE FAMILY AND DUPLEX RESIDENTIAL DEVElOPMENT, IN ADDITION TO REFINING THE EXISTING STANDARDS FOR MUlTl·FAMILY USES ANO DEVELOPMENT STANDARDS. THE PLANNED UNIT DEVELOPMENT AMENDMENT APPUCATtoN WILL BE PROCESSED PURSUANT TO THE APPLICABLE 0TY REGULATIONS. PUO_l>fVE"-OfNl_fNT~ ! 1 l~ ~ 0 ,., r )> ::;;: )> ::0 ,., I/) :--< I I ~ " ~ )> r "Tl )> 0 "'Cl x )> " I/) 0 :--< I/) :--< VICINITY NAP ( NOT TO SCALE ) THE APPLICANT PROPOSES TO DEVELOP 136 FOR·SALE RESIDENTIAL UNITS IN THE FORM OF CONOOMIN1UMS, TOWNHOMES, DUPLEXES AND SINGLE FAMILY HOMES. PARKING SHALL BE MOSTLY PROV IDED IN GARAGES ATIACHED TO THE HOMES . VEHICLE AND BICYCLE PARKING SHALL BE PROVIDED BASED ON THE STANDARDS IN THIS PUO AMENDMENT, Bl/T GENERAU. Y EXCEED THOSE PRO VIDED IN THE EXIST!NG PUO'S PROPOSED MULTI.fAMILY PLA N. SEVERAL COURTYARD/AMENITY AREAS ARE :~~~RP()HATtD INTO TH E LJ ESIG ~ T i-IAr :.v1~ m-:..L!JDE LAI~~-:.....;·!~~.:. ENGLEWOOD'S 2003 COMPREHENSIVE PLAN RECOGNIZES THE PROPERTY AS THE LOCATION FOR FUTURE MEDIUM DENSITY RESIDENTIAL DEVELOPMENT . THE 2003 COMPREHENSIVE PLAN EMPHASIZES THE REVITALIZATION , REDEVELOPMENT AND REINVENTION OF ENGLEWOOD, All Of WHICH ARE ACCOMPLISHED THROUGH THIS PUC AMENDMENT. THE SITT IS IDENTIFIED IN THE COMPREHENSIVE PLAN AS AN AREA OF CHANGE WITH A MIX OF RESlDENTIAl USES CONTEMPLATED. THIS PUO AMENDMENT FURTHERS THE GOALS OF THE COMPREHENSIVE PLAN BY PROVIDIN G fOR·SALE MEDIUM DENSITY HOUSING THE FORM OF CONDOMINIUMS, TOWNHOMES AND HIGHER -DENSITY SINGLE FAMILY RESIDENT IAL ~ ~'>!::rv~~·:'.'FTS:t.t '"1! -!·::"".'~ IS GOVERNED BY THE ORIGI NAl SAND CREEK PUD. ADOPTED 5/14/2013 AND RECORDED AT RECEPTION NO . D3059798, BOOK NO. 433 AND PAGE NO . 61 ~ Tl-llS PUD AMENDMENT ALSO CONFORMS TO THE ENGLEWOOD LIGHT RAIL CORRIDOR PLAN ADOPTED IN JUNE 2013. THE LIGHT RAil CORRIDOR PLAN CONTEMPLATES DENSITIES WITH THE BATES-CITY NEIGHBORHO OD NORTH AREA BETWEEN 15 AND 35 UNITS PER ACRE AND PARKING AT A RATE Of 1· 1.15 SPACES PER UNtT. THE PLA~ ALSO ENCOURAGES A GRID OF PUBLIC STREETS RATHER THAN PRIVATE DRIVES AND A MIX OF UNITS TO INCORPORATE RENTAL AND HOMEOWNERSHIP OPPORTUNITIES. THE OVERAU DENS ITY WILL BE A.PPROXIMATElY 16 UNITS PER ACRE, WHICH FALLS WITHIN THE DENSITIES CONTEMPLATED BY THE COMPREHENSIVE PLAN . THIS PROJECT WlU REVITALIZE EXISTING RETAIL IN ENGLEWOOD CITY CENTIR AND THE BROADWAY CORRIDOR,. AND GENERATE TAX REVENUE THAT WIU BENEFIT THE SERVICES PROVID ED BY THE ClTY OF ENGLEWOOD . PUPPIJ\NNOW 1. THIS PROPERTY DOES NOT LIE WITHIN A 100--YEAR FLOOD-PLAIN . 2. ALL NEW UTILITIES ASSOCIATED WITH THIS PROJECT SHALL BE PLACED UNDERGROUND. 3. All CONCRETE WORK DONE IN THE PUBLIC RIGHT-OF·WAY SHAll BE IN CONFORMANCE WITH CONSTRUCTION STANDARDS ANO CONCRITT SPEOFICATIONS FOR THE CITY OF ENGLEWOOD, COLORADO . 4. ANY NEW FIRE HYDRANTS SHALL BE TO THE QTY OF ENGLEWOOD REQUIREMENTS. S. SUBDIVISION OF THE SITE SHAU. BE COMPlfTED UNDER SEPARATE DOCUMENT. 6. THE DEVELOPER SHALL COMPLY WITH ALL APPLICABLE CITY CODES, REGULATIONS ANO STANDARDS NOT SPECIFICALLY ADDRESSED WITH THIS PUD. 7. IN THE EVENT OF A CONFLICT BETWEEN THE SPECIFIC PROVlSIONS OF TH IS PUD AND mLE 16, THE SPEOFIC PROVISIONS OF THIS PUD SHALL CONTROL Pl.AT DETENTION POND NOTtS A) Tl-IE STORM WATER DrTENTI ON AREA{S) SHOWN HEREON SHAU BE CONSTRUCTED AND MAINTAINED BY THE OWNER AND SUBSEQUENT OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS . IN THE EVENT THAT SAID CONSTRUCTION AND MAI mt: NANCE IS NOT PERFORMED SY SAID OWNER, THE CITY OF ENGLEWOOD SHALL HAVE Tl-IE RIGliT TO ENTER SUCH AREA(S) ANO PERFORM THE NECESSARY WOR K, lHE COST OF WHIOl SAIO OWNER, HEIRS, SUCCESSORS, AND A.SSIGNS AGREES TO PAY UPON BJWNG. FIRE ACCESS NOTE THE REQUIRED FIRE ACCESSES SHOWN WITHIN THIS PUC-SITE PLAN CONFORM TO THE CITY Of ENGLEWOOD AMENDED 2012 INTERNATIONAL FIRE CODE WHKH REQUIRES A MINIMUM WIDTH OF 26·FEET. THE CITY MAY ADOPT A NEWER VERSION OF THE INTERNATtONAL FIRE CODE THAT WOULD ALiOW A NARROWER FIRE ACCESS . IF SO ADOPTED, THE CITY OF ENGLEWOOD SHAU ALLOW THE NARROWER FIRE ACCESS WIDTHS UNDER THIS PUO ANO THIS CHANGE TO THE SITE PLAN WIU BE APPRO VED ADMINlSTRATfVELY. THE OWNER/DEVELOPER Will BE REQUIRED TO SUBMrT ANO OBTAIN APPROVAL OF THE MINOR SUBDIVISION AND SITE CONSTRUCTION PLANS TO ACCURATELY DEPICT THE FIRE ACCESS WIDTHS . INDUSTRIAl USES MAY SUNSET PROJECT TEAM DEVELOPER: BLVD BUILDERS, ltc P.O . BO X 8625 DEN VER, CO 80201 ATIN: AARON FOY 303-99S-4421 ARCHITECT -CONDOMINIUMS: KEP HART 255 5 WALNUT ST. DENVER , COLORADO 8020S ATIN: DOUG VAN LERBERGHE 303·83 2-4474 IN. YALE !AVENUE IN AMHE ST A VE. ~ ~ (") ~ I/) OJ I )> )> CD ,., z ::0 ::0 (") 0 z 0 0 " 0 s::: )> ,., (") )> 0 ,., " ::;;: I/) I/) I/) )> :--< --< -< :--< . BATES AVE OE VEWPMENT WITHIN THIS AREA IS GOVERNED BY THIS PUD AMENDMENT: IRON WORKS VILLAGE ARCHITECT -SINGLE FAMILY/DUPLEX{fOWNHOMES: PEL-ONA 4676 BROADWAY BOULDER, COLORADO 80304 AITN: KORKUT ONARAN 303443·7876 SURVEYOR ANO ENGINEER : MANHARD CONSULTING , LTD. 8008 E. ARAPAHOE COURT, SUITE 110 CENTENNIAL, COLORADO 80112 AITN: KEVIN BARNEY 303·531-3207 B) NO 8U1l.DING OR STRUCTURE WILL BE CONSTRUCTED IN lHE DETENTION AREA(S) ANO NO OIANGES OR AU.ALLOWED INDUSTRIAL USES SHALL CEA.SE ANO SHA LL NOT BE GRANDFATHERED NOR CONSIDERED UGAl.. NON·CONFORMING USES UPON THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY (CO) FOR AN Y RESIDENTIA L OR COMMERClAL USE wrrHJN THE PUD, WHETHER OR NOT THE PROPERTY WITHIN THE BOUNDARIES OFTHE PUD HAS BEEN PLAffiD. LAND PLANNER/LANDSCAPE ARCHITECT: ALTERATIONS AFFECTING THE HYDRAULI C CH ARACTER ISTICS Of THE DETENTION AREA(S) WILL BE MADE WITHOVTTHE APPR OVAL Of THE PUB UC WORKS DIRECTOR. PEL·DNA 4676 BROADWAY BOULDER, COLORADO 80304 AITI~: KORKUT ONARAN 303·443-7876 INDEX OF SHEETS SHEET NUMBER SHEET TlnE 1 COVERSHEET 2 DISTRICT PLAN 3 EXISTING ZONING AND LANO USE 4 PRELIMINARY SITE PLAN 5 PRELIMINARY UTILITY PLAN 6 PRELIMINARY GRADING AND DRAINAGE PLAN 7 LANDSCAPE PLAN 8 ARCHITECTURAL ELEVATIONS • ARCHrrECTURAl ELEVATIONS PROPERTY OWNER SANO CREEK INVfSTORS, lLC, A COLORADO LIMITED UABlllTY COMPANY BY: STATE OF COLOR ADO ) ISS COUNTYOF ___ ) THE FOREGOING INSTRUMENT WAS ACKNOWlEDGED BEFORE ME THIS __ DAY OF , 2016 BY • FOR SAND CREEK INVESTORS, U.C WITNESS MY HANO AND SEAL NOTARY PUBLIC MY COMMISSION EXPIRES : ____ _ ADDRE SS APPROVED FOR THE CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION CHAIRPERSON ~ PLANNING AND ZONING COMMISSION RECORDING SECRETARY DATE MAYOR OF ENGLEWOOD DATE THE FOREG01NG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ DA Y OF , 2016 BY _________ _ CITY CLERK CLERK & RECORDER'S OFFICE THS PlANNEO UNIT DEVEWPMENT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY, STATE OF COLORADO AT ___ O'CLOCK_M ONTHIS __ DAY OF ,2016 RECEPTION NO . , BOO K NO. ---PAGE NO(S). --- B\~L~ER~K~A~N~O~RE~C~O~RO~E~R----BY:---------- DEPUTY ~ ilala T ~ -a O iii 1-ji• s....J iH 8 ~ au~H .Cz~~~ -8~~ .... -~· c..J~~i ::HO::! acn1J1 ZH %0/~ uHi §oc ~J'' ro • 0 ~ ll -~~ !~8 I I I UJ ~ 5 ...I > II) ~ i I IX: ; v 3:: 0 z Q ct 0 a: !!: g I-. UJ I-0 UJ z u :i: UJ Q II) ::IE a: Q 0 UJ z 0 > 3:: 0 UJ u ::IE UJ ct ...I ~ Q z ::::> UJ a. ~ UJ UJ a: u Q z ct II) ~ T" • --· ~L-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ..... ~~~~~~ .. • • • SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE PUD DISTRICT PLAN DEVELOPMENT STANDARDS A . GENERAL REGULATIONS: UNLESS OTHERWISE PROVIDED FOR IN THE SAND CREEK PUD , OR THIS AMENDMENT, THE PROVISIONS, STANDARDS, REGULATIONS AND PROCEDURES PERTINENT TO AN APPLICATION FOR THE DEVELOPMENT OF LAND WITHIN THIS PUD ZONE DISTRICT SHALL COMPLY WITH THE (1-2) ZONE DISTRICT AND THE BELOW LISTED STANDARDS FOR SINGLE-FAMILY USE, DUPLEX, TOWNHOME, AND MUL Tl-FAMILY RESIDENTIAL. B . PERMITTED USES: THE FOLLOWING USES ARE PERMITTED IN ADDITION TO THOSE USES ALLOWED UNDER THE SAND CREEK PLANNED UNIT DEVELOPMENT, AND, UNLESS OTHERWISE PROVIDED, THE FOLLOWING USE CATEGORIES AND TYPES SHALL HAVE THE SAME MEANINGS AS SUCH CATEGORY AND USE TERMS BY THE SAME NAMES CONTAINED IN TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE. RESIDENTIAL USES: SINGLE FAMILY DETACHED HOUSE, LIVE /WORK, DUPLEX TOWNHOME, MULTI-DWELLING UNIT, CONDOMINIUM C. DENSITY AND PARKING OVEAALL DENSITY: THE TOTAL NUMBER OF UNITS SHALL NOT EXCEED 165 WITHIN THE GENERAL IRONWORKS SUBDIVISION, FILING NO 3 PUD. RESIDENTIAL UNIT DIVERSITY: EACH OF THE SINGLE-FAMILY, DUPLEX, TOWNHOME, AND MUL Tl-FAMILY RESIDENTIAL UNIT TYPES, SHALL BE REPRESENTED ON THE SITE PLAN IN AN AMOUNT NO LESS THEN 10% OF THE TOTAL NUMBER OF UNITS. PARKING REQUIREMENT PER LOT TYPE SINGLE FAMILY DETACHED AND DUPLEX UNITS: 2 SPACES MINIMUM PER UNIT REGULAR TOWNHOMES (AT LEAST 65% OF THE ROW HOMES): 2 SPACES MIN IMUM PER UNIT SMALL TOWNHOMES (AT MOST 35% OF THE TOWNHOMES): 1 SPACE MINIMUM PER UNIT CONDOMINIUMS: 1.5 SPACES MINIMUM PER UNIT D. THE DEVELOPMENT STANDARDS OF THE SAND CREEK PLANNED UNIT DEVELOPMENT SHALL CONTINUE TO APPLY FOR ALL USES, EXCEPT THOSE DESCRIBED IN THE FIRST AMENDMENT. THE FOLLOWING ADDITIONAL DEVELOPMENT STANDARDS SHALL BE APPLIED AS LISTED PER EACH RESIDENTIAL LOT TYPES AND FOLLOW THESE GENERAL PROVISIONS: BULK REGULATIONS AND LOT TYPES : ALL SETBACKS, HEIGHT AND LOT COVERAGE REGULATIONS SHALL BE APPLIED AS LISTED PER EACH LOT TYPE FOLLOWING THESE GENERAL PROVISIONS : 1. FIRE SEPARATION DISTANCE: THE DISTANCE FROM THE BUILDING FACE TO ONE OF THE FOLLOWING: A. TO THE CLOSEST INTERIOR LOT LINE; OR B. TO THE CENTERLINE OF A STREET, AN ALLEY OR PUBLIC WAY; OR C. TO AN IMAGINARY LINE BETWEEN TWO BUILDINGS ON THE LOT THE DISTANCE SHALL BE MEASURED AT A RIGHT ANGLE FROM THE FACE OF THE WALL 2. PROJECTIONS SHALL COMPLY WITH 2012 IRC TABLE R.302 .1 (2) EXTERIOR WALL RATING, PROJECTIONS AND OPENINGS SHALL COMPLY WITH 2012 IRCTABLE R302.1(1) LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD DISTRICT PLAN DEVELOPMENT STANDARDS {continued) LOT SIZE: 26 ' X 72 ' TYPICAL MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES AND GARAGES) 60% BUILDING HEIGHT: 42' MAXIMUM FRONT SETBACK TO COVERED PORCH: 4' MINIMUM FRONT SETBACK TO PRINCIPAL BUILDING: 8' MINIMUM SIDE SETBACK TO COVERED PORCH ON SIDE STREET: 4' MINIMUM SIDE SETBACK TO PRINCIPAL BUILDING ON SIDE STREET: 8' MINIMUM SIDE SETBACK: 3' MINIMUM REAR SETBACK: 4' MINIMUM SETBACK AT SIDE TO REAR TRANSITION CURVE (AT ALLEY IN T ERSECTIONS) 3' Mlt.;iMUM LOT SIZE: 46 ' X 72 'TYPICAL, 51' X 72' ON STREET CORNER MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES AND GARAGES) 80% BUILDING HEIGHT: 42' MAXIMUM FRONT SETBACK TO COVERED PORCH : 4' MINIMUM FRONT SETBACK TO PRINCIPAL BUILDING: 8' MINIMUM SIDE SETBACK TO COVERED PORCH ON SIDE STREET: 4' MINIMUM SIDE SETBACK TO PRINCIPAL BUILDING ON SIDE STREET: 8' MINIMUM SIDE SETBACK: O' OR 3' MINIMUM REAR SETBACK: 4' MINIMUM SETBACK AT SIDE TO REAR TRANSITION CURVE (AT ALLEY INTERSECTIONS) 3' MINIMUM LOT SIZE: 20'X45 ' OR 16'X45' TYPICAL, 30'X45' ON STREET CORNER MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES AND GARAGES) BUILDING HEIGHT: FRONT SETBACK TO COVERED PORCH : FRONT SETBACK TO PRINCIPAL BUILDING: SIDE SETBACK TO COVERED PORCH ON SIDE STREET: 85% 42'MAXIMUM 4'MINIMUM 6'MINIMUM 4'MINIMUM PUD DISTRICT PLAN DEVELOPMENT STANDARDS {continued) TOWNHOME LOT (continued) SIDE SETBACK TO PRINCIPAL BUILDING ON SIDE STREET: 8' MINIMUM SIDE SETBACK: O' OR 3' MINIMUM REAR SETBACK: 4' MINIMUM SETBACK AT SIDE TO REAR TRANSITION CURVE (AT ALLEY INTERSECTIONS) 3' MINIMUM CONDOMINIUMS LOT SIZE: VARIES MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES AND GARAGES) BUILDING HEIGHT: FRONT SETBACK TO COVERED PORCH AT STREET: FRONT SETBACK TO PRINCIPAL BUILDING AT STREET: SIDE AND REAR SETBACK AT ALLEY: SIDE AND REAR SETBACK: E. ARCHITECTURAL STANDARDS: 60% 55'MAXIMUM 4'MINIMUM 12' MINIMUM 3'MINIMUM 10' MIN IMUM IN GENERAL, MASSING, ARTICULATION, SCALING, AND FACADE TREATMENTS SHOULD AIM AT ACHIEVING A HARMONIOUS AND DIVERSE ENSEMBLE OF BUILDINGS WITH NO SINGULAR BUILDING DEMANDING TOO MUCH ATTENTION. THE FOLLOWING ARE DETAILED GUIDELINES FOR VARIOUS BUILDING TYPES . SINGLE FAMILY DETACHED AND DUPLEX BUILDINGS ARTICULATION : EXCESSIVE ARTICULATION SHOULD BE AVOIDED. USE OF TWO OR THREE ARTICULATIONS IS PROPER (FORWARD FACING GABLES, DORMERS, BAY WINDOWS, PORCHES, ETC. ARE AMONG COMMON ARTICULATIONS). PORCHES AND SCALE: PORCHES AND SINGLE STORY ELEMENTS SHOULD BE EMPHASIZED. A MINIMUM OF 20% TRANSPARENCY IS REQUIRED ON THE FRONT FACADES -TRANSPARENCY IS MEASURED ALONG A HORIZONTAL LINE AT THE EYE-LEVEL WHICH IS 5' HEIGHT MEASURED FROM THE GROUND FLOOR FINISHED LEVEL A MINIMUM OF 60 S.F. OF COVERED FRONT PORCH SHALL BE PROVIDED FOR EACH DWELLING UNIT. MATERIAL: AVOID USING TOO MANY DIFFERENT MATERIALS; SIMPLICITY SHOULD BE THE VIRTUE. CLUTTER SHOULD BE AVOIDED . COLOR: INTENSE, BRIGHT, OR FLUORESCENT COLORS AND GLARE. SHALL BE AVOIDED AS THE PREDOMINANT COLOR ON ANY WALL, OR ROOF OF ANY STRUCTURE.CHANGE COLOR ONLY ON INNER CORNERS; CHANGE OF COLORS ON OUTER CORNERS SHOULD BE AVOIDED. TOWNHOMES ARTICULATION : BUILDING WIDE COMPOSITION IS ENCOURAGED. ARTICULATION PER UNIT SHOULD BE MINIMIZED. MIRRORING THE UNITS AND TWO UNIT GABLES THAT BREAK THE LENGTH ARE ENCOURAGED. EDGE UNITS SHOULD BE DIFFERENTIATED. PORCHES AND SCALE: BUILDINGS SHOULD RELATE TO PEDESTRIAN. DIFFERENTIATION IN FACADES OF GROUND FLOORS AND UPPERMOST FLOORS IS ENCOURAGED. A MINIMUM OF 20% TRANSPARENCY IS REQUIRED ON THE FRONT FACADES -TRANSPARENCY IS MEASURED ALONG A HORIZONTAL LINE AT THE EYE-LEVEL WHICH IS 5' HEIGHT MEASURED FROM THE GROUND FLOOR FINISHED LEVEL. A MINIMUM OF 50 S.F. OF COVERED FRONT PORCH SHALL BE PROVIDED FOR EACH DWELLING UNIT. MATERIAL: AVOID USING TOO MANY DIFFERENT MATERIALS; SIMPLICITY SHOULD BE THE VIRTUE. CLUTTER SHOULD BE AVOIDED . PUD DISTRICT PLAN DEVELOPMENT STANDARDS {continued) COLOR: INTENSE, BRIGHT, OR FLUORESCENT COLORS AND GLARE. SHALL BE AVOIDED AS THE PREDOMINANT COLOR ON ANY WALL, OR ROOF OF ANY STRUCTURE. CHANGE IN COLORS SHOULD EMPHASIZE EITHER THE INDIVIDUAL DWELLING UNITS, OR INDIVIDUAL ELEMENTS OF THE MASSING TO SCALE DOWN THE BUILDING AND TO RELATE TO THE PEDESTRIAN SCALE. CONDOMINIUM BUILDINGS FOR CONDOMINIUM BUILDINGS, PLEASE REFER TO THE ARCHITECTURAL STANDARDS LISTED IN THE ORIGINAL SAND CREEK PLANNED UNIT DEVELOPMENT DOCUMENT OF SEPTEMBER 25 , 2012 F . DEFINITIONS SIDE YARD USE EASEMENTS SIDE YARD USE EASEMENTS ARE HEREBY GRANTED ALONG COMMON SIDE LOT LINES WITHIN ALL DETACHED HOME LOTS AND DUPLEX LOTS AS SHOWN ON THE FINAL PLAT. SIDE YARD USE EASEMENTS OCCUR FROM FRONT PROPERTY LINE TO REAR PROPERTY LINE AND EXTEND FROM THE GRANTOR'S BUILDING FOUNDATION TO THE LOT Ll~E BET WEEN THE GRANTOR'S AND GRANTEE'S PARCELS THAT SHALL BE GRANTED TO THE EASEMENT GRANTEE PER THE RESTRICTIONS OUTLINED BELOW. REFER TO THE FINAL PLAT FOR A GRAPHIC REPRESENTATION OF THE SIDE YARD USE EASEMENT. THE FOLLOWING RESTRICTIONS APPLY TO THE SIDE YARD USE EASEMENTS: a . EASEMENT GRANTEE SHALL HAVE FULL ACCESS AND ENJOYMENT OF THE EASEMENT INCLUDING CONSTRUCTION OF IMPROVEMENTS, USE AND MAINTENANCE OF THE SPACE INCLUDED IN THE EASEMENT. FENCES AND WALLS USED AS PRIVACY SCREENS MAY NOT ENCROACH INTO THE FRONT AND REAR SETBACK. IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, DECKS , PATIOS, WALLS, LANDSCAPING, FENCES RAILS, FURNITURE AND OTHER SIMILAR ELEMENTS ARE PERMITTED WITHIN THE DEFINED SIDE YARD USE EASEMENT. DECKS, PATIOS AND WALLS, OTHER THAN PRIVACY SCREENS , IN EXCESS OF 30-INCHES IN HEIGHT (AS MEASURED FROM FINISHED GRADE) ARE NOT PERMITTED IN S IDE YARD USE EASEMENTS. ONLY LANDSCAPING, HARDS CAPE , AND IRRIGATION IMPROVEMENTS ARE PERMITTED WITHIN FRONT AND REAR SETBACKS. SIDE YARD USE EASEMENT PROCEDURES AND POLICIES SHALL BE MANAGED BY THE IRON WORKS VILLAGE METROPOLITAN DISTRICT. NO IMPROVEMENTS MAY BE IMPLEMENTED AT THE DETRIMENT OF THE GRANTOR'S ABILITY TO MAINTAIN THEIR HOME. b . SIDE YARD USE EASEMENTS ARE PERMITTED ON DETACHED SINGLE FAMILY AND SPECIFIED DUPLEX LOTS ONLY. c. ALL IMPROVEMENTS BY GRANTEE LOCATED WITHIN THE SIDE YARD USE EASEMENT SHALL BE MAINTAINED BY THE EASEMENT GRANTEE. d. EASEMENT GRANTOR IS ENSURED OF ACCESS WITHIN THIS EASEMENT FOR MAINTENANCE AND REPAIR OF THE PRINCIPAL STRUCTURE LOCATED ON THE EASEMENT GRANTOR'S LOT AND FOR NO OTHER PURPOSE. THE DESIGN REVIEW COMMITTEE OF THE IRON WORKS VILLAGE METROPOLITAN DISTRICT APPROVES ALL PLOT PLANS BEFORE AUTHORIZING APPLICATION TO THE CITY OF ENGLEWOOD FOR ISSUANCE OF BUILDING PERMIT. FOR ISSUE RESOLUTION THE IRON WORKS VILLAGE METROPOLITAN DISTRICT IS GRANTED ACCESS INTO THIS EASEMENT. e . ALL PRINCIPAL STRUCTURES, INCLUDING GARAGES, OWNED BY EASEMENT GRANTOR SHALL BE MAINTAINED BY EASEMENT GRANTOR. f . GRANTEE SHALL NOT ALTER FINISHED GRADE AND/OR DRAINAGE PATTERNS ON THE GRANTOR'S PROPERTY WITHOUT THE WRITTEN APPROVAL OF THE DESIGN REVIEW COMMITTEE. NOTES: EASEMENT GRANTOR : THE LOT OWNER GRANTING SIDE YARD AREA TO ADJACENT LOT OWNER FOR USE. EASEMENT GRANTEE : THE LOT OWNER GAINING SIDE YARD AREA FROM ADJACENT LOT OWNER FOR USE. ~ • •• &I I w CJ :5 ..... > I/) l.:: a: 0 == z 0 !!: I I-z llJ :E 0 z w ~ 0 ::> a. l.:: w w a: 0 0 z <( I/) J!I! .!!i co .e u ::. ..: ..... c !! . " •o E r~ s .c i :e:! ~II~~ 8:!.i: :~~i 0 0 ~ g z :5 0 0 a. cl I- 0 0 iC ~ :;; 2i ..... CJ z w i --_J!lL_ i ""°"'~___.!2._ ~ __ ..,, _J!lL_ l ~"' ~ i SHEET I 20F9 • • • • l . ~ I ~ ~ ] i ' j r: ! • E ~ 2 ~ $ i ii £ SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO I ~\•J t 11 : I I . II 1::1, l~-~-__./'--1 Q:; I . . -.. .. I t ~~~_.I fl::. ' _.:. 5300 ::---. --: • ..:.~ \ i ~~~s ' I I , / _________ J_ 'I , --1 I:: I ZONJNG:l-Z GENERALINDUSTRIALDISTRICT . ·-\ I I ~ ----~!*1 ; I LAND USE : WAREHOUSE/STORAGE ~ 0 II ~ 5 ~ $! I .... ~ , . 1 .si.> I :e~e~ 1 !; I . I f---T~~ttl ~lt,' I ~ I I Z~:::> I : £! 1 PROPERTY LINE -. "'>~ S" \ 'Q, 1 I I $\II I I . I . 4' \ .. L .-!---' J ~ ·.. ' "' ' J_ '· I ,. : I I ,. : I I,' v ,I I I ~ !!! I . . ·. . I 4i I ~ --._ ZONING· f.1 LIGKT INDUSTRIAL DISTRICT Q "J'Jf!' . ---- LANO USE : VACANT UNPLAffiD ~ ;' ,4,, lil ; ~ It' ~ ., ;:f .; I I ~ a ~~ w ~ g 1 "'' io. I / ~ ~I ij~ -Z~NING:H~~H-T ------ m ~·:I , I INDUSTRIAL DISTRICT "' . LAND USE : STORAGE WARD I , --------· -· ------- •. S.jOs _ .. -r··ii 1 _~· ZONING : 1-1 LIGHT 'i 'i ~ 'i I I I \ ~ ! 1. IN DUSTRJAL DISTRICT ZONING : PU0-10 PLANNED UNIT DEVELOPMENT LANO USE : VACANT INDUSTRIAL LOTS : I lAND USE : RESIDENTIAL [ii ,i-------~ ~-------: ' 'f]I 1l!J I I · \ I ·• ' [°1 \ I 1 __ --\ --__ I l:loD'ROW " ' i i \ i / ~l/ ,'I Iii \ i '-i ---t~-1 .-PROPERTY LINE _.,. /! ,. I I , ---, 1' --___ , I I ' I ~ ~5 I I :::>90Q I I m~..,~·11 \1,11 5~ I L----~ I , s~~ • · • / ~ 1111 I! I I !H;I ------"' I ,...! / -----r! , --1--- I j > ZONING: 1-1 LIGHT INDUSTRIAL DISTRICT ,.,.., / / LAND USE : WAREHOUSE/STORAGE / I I I ,/ ,r / _,,.~ PROPERTY LINE 1 • / ! .... ·i ' . ~~ -S300 .. \\\ ~ ZONING : PU0-10 PLANNED UNIT DEVELOPMENT LANO USE: VACANT INDUSTRIAL LOTS (DEVELOPMENT ON THIS PARCEL IS GOVERNED BY THE ORIGINAL SA°ND CREEK PUD) .,# t,ll >-1111 otlJ I '-------~ (II !~ :5 l~i l ~~ I I :~~~' l. r ~ 1~+----~~-1 I i~~:!I '·I ' -:> I '-----;----1 ~ . (!;O I I I 1 a I~ P 11 I t, \ j I '------/----' ~1 : ll:~ I ' i i I i r11 1 1, ,' , L---+------1 'Ii I~ I ( I I I f 1 1 11 I I tl :!~------: L_ __ L.__ __ __, :11 111 i II fj: :l: I : :---r-----: . jt11 1 ' _____ J L _____ J ~-----------~~~~.~-~~=.~-~=-~~~·~=·~=-~~·~=·~~~~-~=·~~-~~~~~=-~~~~=-~~~~~W~.B~O~i~~5~~~~~~·~~·~~:~~~~~.~~~~~~:~··~~~~·~~.:~-~-------------------~ I I I I ZONING:HUGHT :l : I ·1 ZONING : WH INVESTMENT, JNC. --•• PLANNED UNIT DEVELOPMENT I LANO USE : INDUSTRIAL UNPLAITED IJI ,-----, 1-------i ZON ING : WH INVESTMENT, INC. --. PLANNED UNIT DEVELOPMENT LANO USE : INDUSTRIAL UN PLATTED ·1 /: \ ;' I f, I I ..: rn rn \ 0 ' CJ c Q, c ... c CJ ell I . I I INDUSTRIAL DISTRICT I t ONING : R·2-B MEDIUM DENSITY IL I \ I LND USE: RESIDENT:__JAL ' I SINGLE AND MULT~DWELUNG · 1· 4 UNIT RESIOENTlAL DISTRICT • ) ------LANO USE : RESIDENTIAL j ._ :r=, ______ ~: :~ZONING: H LIG!f! ~, ti 1 .' ------~1 ~1, T--r -"-"1·/ ~ lltJSTJ!IA[l)~fRICT )( I t • w ZONING : H LIGHT -. LAND USE : AUTO SERVtcE ~ I 1 . • INDUSTR IAL DISTRICT } I I ( I I / I U> 1 LANOUSE:RESIDENTIAL:/1 1 ------I u) ~--z~~~~ICT. __ 1 1 I _l_ __ l_; 1 r------Tl r---j I lA:D USE WAREHDUSI~ r-· rl I I I I I ;· I I I 1 \ I J I I l ! I I I r-~·:-----1 r------1 L---'L __ J L_ _____ J I -ZONING : R-2-b Mlo1uM oeNsrrv -I 1 SINGLE ANO MULTI-DWELLING . I l UNJT RESIDENTIAL DISTRICT \ I f-------~~rRF~L_--+--1 I I l \ I I 1 \ 1 ~ ZONING: ~1 ~Hr~ I ZONING H LIGHT I I I I I \ I I INDUSTRIAL DISTRICT I t___lltDJJSI..BJM...01ST..BICI__.l I I J ~ ---------t---" j.ANO USE : WAREHOUSE/STORAGE 1 LANO USE : RESIDENTIAL 1 I I r f t I r-----~~ ,-------------, \ I I I I I~-----~ J I 0 30 60 120 SCALE : 1 "=60' i ' ! • g t i ~ I ! • • 11~1~ 11~ ~ 5 ~ i =1= i~ -a~tU &._.~Ii au ~~? .C Z ~lj -!i~j ... '~. C ... u~ ,fj. ::::H~;ii .. fl)iH Vz 5u ~ogp .... U!fi ~J ~u t2 ~.fill B3~ w CJ s .... > ~ a: w ~ (/) 0 :::> z c c 0 "' z !!: a: s . g c I-0 z z 0 "' w ci CJ == c 0 z z 0 z w 3: 0 == w N "' .... C) c CJ z :J z j:: Q, w (/) ~ x w w w a: 0 c z "' (/) ___ ._ .. __ ....:1.1.AACIQ.:~ DMnrr: _n_w __ ~~ ~ SHEET 3 OF 9 BBLENCOOl • • • ~ ~ ~ ! ~ j 1 0 25 50 100 SCALE: 1 "=S O' .., I : I /:' I "'~ I ~! "'5 .. I fl!/~ I :1 1 ~t I fit g I l!ll ~ I ~ l I ~ / I PROP RETAINING WALL -f. ~. W/6'~=~~~~ / TOWNHOME I BUILDING {TYP) ;-- I I I 3' CONC I WALK {TYP f --., I I I I I 18 / SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO 1 : I I 54'ROW ·1 SIGNAGE LEGEND INSTALL "NO PARKING FIRE LANE " SIGN WITH BREAK-AWAY SIGN POST NOTE : CURB HEAD ALONG BOTH SIDES OF AMHERST PLACE SHAU BE PAINTED RED IN ADDmON TO THE "NO PARKING FIRE LANE" SIGNS PROP RETAINING WALL - W/6' HIGH SOUND WALL ON TOP PROPERTY LINE -.. l OT 1 IElCCIEnDOli'il • ---._ , t 6' 32' FL-FL 6' ~-4 J1'• ll ,1 y~t 2B'EOA-EOA i l~u ~~~~~~~ 'f 1l 111 1 ~~ ~ N~E~~~.r;. 1 'J 1 111 1 ~· \ I AO=:----------------'-1-11, 'I "-6"VERTICAt \ l : ' 1 · ... 5' CONC. CURB & GUTIER (TYP) ·.._ PROP PAVEMENT -SURFACE PARKING , ! J ! I SIDEWALK (SEE crrv OF ENGL£Wooo (9'dB'TYPfCALSTAll) 1l i 11 L DETAILE06) ' /I _: TYPICAL PRIVATE ROAD CROSS SECTION f '· if/'1 (SOUTH FOX STREET, WEST AMHERST AVENUE AND WEST AMHERST PLACE) ·ff ; N.T.S //"ii---PROPERTY LINE GARAGE ~ "1' 22'PRIVATESTREETTRACT U" GARAGE ,/I ~ 1 · 20 ' EO~EOA ;/A/ I 1-2-i ~·I <:::::::::::::: l=.,I ~ <"l' L _____ _ CONC, VALlEV PAN .. ...__ PROP DRIVEWAY {TYP) .. .-..-""'" -~ROP :i. ~.::-:~~ATtON :r~i--------1 r------- ir.·:~ --:;:r TOWNHOME BUILDING {TYP) Y:r11 if~! il11 ~ PRO P CURB& GUTIER Jr.") & S' DETACHED CONC ii'/ SIDEWALK 'i 1 PROP JU : S' TRANSPORTATION l\ j 1 EASEMENT TYPICAL 22' PRIVATE ALLEY CROSS SECTION N.·1 .::. ~ 4' I 20' PRIVATE STREET TRACT I .. ~ GARAGE • GARAGE 18' EOA-EOA ---i I 3' I <:::::::::::::: g ~ ·~ CONC. VAUfY PAN ~-PROP ORNEWAY (TYP) TYPICAL 20' PRIVATE ALLEY CROSS SECTION N ."I .:> 26' PRIVATE STREET TRACT GARAGE ~ • " l EO~~OA I .. ~ GARAGE ==-< i-?1 ~ " ·. ' · CONC. . ..... _ PROP VALLEY PAN DRIVEWAY (TYP) ''11 I~;~ ~. l ~it'!C tttt11tl~: ir1.1 . . : I JU, TYPICAL 26' PRIVATE ALLEY CROSS SECTION N,'1.::. PROP TRANSPORTATION ESM'T ROWVARJB' t <~J:' I~ ft+ EX SIDEWALk TO 'I :L1·,,: I BE REMOVED I , • l I 'ROPRETAININGWALL -I ~~ \' .,,.~ •-_,.,._ -_m_,, __ ,._' I ~-----/ ~~I W/6~:'~~ A ~ ; / i ~ 1 1 J I (I ' ~ I \ I I t I "' WIDTH VARIES (11 '·12') ------1 r F 39~1-t _ JSHOf'.EOP r . . r= -,_.r ... .... .". ·· .... =, ., •.. , ,ll_, ~-tW IBllOCllt 3 Ii I ~ I /-" PROPS' TRANSPORTATION EASEMENT "----,.,')! i:;~==-::=:-=·=·-=-~·--:--:--::;-=-===---:::---=~---=~= :~'I '1·-1 !1 II,~ !1'1 11n 1 1~~ il11 }1 j Jj , 1l~ 1' l l, 11·\1 I I I I I I I I I I I I I I ll ![l 1 ,,,I I I ;1 ~l i1'' I ! :1 I pt ________ J L _____ _ , . ··-EX SIDEWALK TO \ .:;.:._}=;= --_________ _ I I ~ :,,. ~ _<l= ~ BE REMOVED \ --------------...,.-"--------------- ,_ '= i!#7 ~r;::~i li1 ~~~::;,;.~~~~,;,,··71 :~~~~~--r~~~~~-~ l 15' WATER MAIN EASEMENT I J' BOOK Bl7, PAGE 39B j 1: -I ~ I I &S'DETACHEOCONC ,; .!I. I I llH.OCct 2 I I , ~ I I SIOEWALJ( I I 1 I 1--------1 ,----- Iii I ' !Bl!.CCllt ~ I I I 111.0. ~£1*-~·s £1Dllllloirooli'il I I IFlP..OCllt 31 I I ."" --. , , \ ""PROPS'CONC £XQJll8&Glln'ER ··-EXPAVEMENT EXCURB.f ·· EXCONC SIDEWALK SIDEWALK (T()REMAINJ GllTTFR TYPICAL EXISTING ROAD CROSS SECTION (SOUTH ELATI STREET NORTH OF PROP WEST AMHERST AVE) N.T.S "'1'ROW I !PJ£~~~--:.~ -~--:~==--'°::~~~------------~1-1 ·-;,~i I ESM'T r--F 1 'F . c~ -~U .,,, . ,-~"-_.,,_ ~= ,~ .. -, .,,_y-,~-. · PROPS 'CONC \ ~ EXCURB&GUTIER(TOBE -. EXPAVEMENT EX= -. ~~ SIDEWAUC REMOVED AN D REPLACED) acoNC -TYPICAL EXISTING ROAD CROSS SECTION 5;~~ (WEST BATES AVENUE & SOUTH ELATI STREET -SOUTH OF WEST AMHERST AVE) N.T.S DWELLING UNITS : SINGLE FAMILY DUPLEX UNITS TOWNHOME UNITS CONDOMINIUM UNITS TOTAL UNITS SITE PLAN NOTES: 13 lB 69 36 136 SITE PLAN INFORMATION PROVIDED PARKING: ATIACHEO DOUBLE CAR GARAGES ATIACHEO SINGLE CAR GARAGES CONDOMINIUM GARAGES OFF-STREET SPACES (ADJACENT TO CONDOMINIUMS) SUBTOTAL ON-STREET FOX ANO AMHERST AVENUE TOTAL ON-STREET ANO Off.STREET PARKING PROVID ED 1. AU ROADWAY, ALLEYS AND SIDEWALKS ARE TO BE PRIVATELY OWNED AND MAINTAINED. 2. Alt PROPOSED CURB RAMPS SHALL 8£ ADA COMPUANT. 160SPACES 20SPAC£S 60SPACES 9 SPACES 249 SPACES 64 SPACES 313 SPACES ~ Ila ta 11~ ~ H ~~ ~~ ~~ B ~,~ ,1§S 11$ ~ iC! t -a.-i!J L...! !Ji a o~~i ... & .CZ di -g·~ ._ 'f. r-s =e C ...l i:&j! .:; . -~·;!! _,,o~-a tnhj ZiH ~o~~~ ,6.uift ~Jlti w ~ ..J > ~ a: 0 0 3: z c :3 z "" 0 a: CL a: g w -.... ' 0 u; .... 0 z ii: w ci ::!: 0 < c 0 z z 3: :E w ::!: w :::i ..J w < C!J a: c z CL => w CL ~ w w a: 0 c z < (/) ""Cl.I.Ma.; _K_P9 __ l'lllO.l~~ D1U.wt1n: _Jl_W __ ~ SHEET 4 OF 9 BBLENCOOl • • • ~ ~ . ! ~ ~ ~ 2 ~ 1 0 25 50 100 SCALE: 1 "=SO' ., I o' I /:;' I ). :! I ~! ;as~ I "'< I "l ,!j I Ill:~ ll.~-1~ ,' l!J! I l I ~ / I PROP RETAINING WAll -/-.. W/6' HIGH SOUND 1 WAUONTOP 1 I I I I ! I I SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO EXISTING UTILITY LEGEND PROPOSED ' I I ' -PRIVATE DOMESTK: WATER 11 ,/ SERVICE LINE TO BUILDING LOT 1 I -' PROPOSED BLOW-OFF li:)(CIEl'TIOOO ·~I~ - $ "° 0 RCP STORM SEWE R PVC STORM SEWER STORM MANHOlE STORM INLET (CURB & GUTTER) STORM INLET (LANDSCAPE) CLEANOUT lil !II 8MW -d..L ~f -·-w : PUBLIC ~ TRANSPORAT\ON/ ' 11 jl l S.O' MAX UTILITY EASEMENT / ! I I ': 11 @ _;----~- --·-I~-- FLARED ENO SECTION SANITARY MANHOLE • • >=> ® --<-TYPICAL BLOW-OFF NO, 541324!M I I : · RECEPTION ~-1 '11 ~ ASSEMBLY DETAIL ' PROP PONO -. ' ISHARGETO EX CURB & GUTTER . OUTLET \ / I 'I VIA SIDEWALK CHASE (!) SANITARY SEWER WATER MAIN GATE VALVE FIRE HYDRANT STREET LIGHT -w--.. ... BLOW-OFF -, {SEE DETAIL ABOVE) PROP RETAINING WALL -..... STRUCTIJRE I L W/6' HIGH SOUND \ '--PROPOSED I I WAU ON TOP ' DETENTION I I \ POND -., t-fi \ ' l/1 '' ' ,J t ' 111 . .;,, a ~ ,; '',5l+."'ti I # x .f ' ;·· ROPSTORMWATER ,,,? ,-,·" ,· • PUMPVAULT _# /;-' ,/,/ I ~ [[] @Ill CURB AND GUTTER SIDEWALK ACCESSIBU OJRB RAMP PROPERTY LINE R.O.W.LINE EASEMENT LINE ELECTRICAL EQUIPMENT TELIPHONE EQUIPMENT CHAIN-LINK FENCE DECIDUOUS TREE WITH TRUNK DIA, IN INCHES (TBR) .r-~~~~~§g~~~~~@¥~~~/~.-CONNECTTO -·~t>" L ~~~~~~~~i~~~~tr-~/= -~x::;'l1»'_-:_ _~~ £X6'~-i~Co~NECT-Ta :·---,--:.--~-\ ~,r EX SAN MH '...., !rz=--= EX15.SANSEWER -<.- ~Qpf1~ ------1 I t~ I ~ HYDRANT (TYP) ' I ~~EU'WM I r: 1.l. I! I •1 I, [i . [~ ,1~:,1 ' ~'t Lt, li1 IP ! 11·l 11rl !1 It I[\: r· 11'I :: !Ii [l, if,!, ,,~:t!' ""':J !,~ "fJ d' !!/If'" C~~~~~SFfef~t~H UTILITY NOTES R£TAINING WAll 1. AU STORM SEWER MAINS, LATERALS, INLETS AND MANHOLES ARE TO BE PRIVATELY OWNED AND MAINTAINED. 2. BLOW-OFFS ON DEAD-ENO WATER MAINS SHALL BE WITHIN S-FE£T OF A OOMESTK: WATER OR IRRIGATION TAP {SEE 0£TAILAT UFT). 3. 10 FEET MINIMUM DISTANCE IS REQUIRED BETWEEN WATER ANO SEWER SERVICES. 4, 18 INCHES VERTICALCL£ARANC£ IS REQUIRED 8£1WEEN WATER ANO SANITARY SEW ER CROSSINGS WITH SANITARY SEWER BELOW WATER. )8( )(" S. PRIOR TO STARTING EXCAVATION FOR WATER, SEWER ANO STORM SEWER LINES WORK A "PUBLIC RIGHT OF WAY EXCAVATION " PERMIT SHAU BE OBTAINED FROM THE PUBLIC WORKS DEPARTMENT. AU. WORK SHAU BE PERFORMED BY A crrv LICENSED ANO BONDED CONTRACTOR. OBTAIN THE LICENSE THROUGH THE BUILDING DIVISION (303)762-2357. THE EXCAVATION BOND SHALL BE PROCESSED THROUGH THE PUBLIC WORKS DEPARTMENT (303)762-2500. . 6. AS PER THE crrv OF ENGLEWOOD MUNICIPAL CODE 12-18-10, NO CONNECTION TO A CITY FIRE HYDRANT Will BE AUOWEO UNTIL THE USER HAS OBTAINED A. FIRE HYDRANT PERMIT FROM THE UTILITIES DEPARTMENT. 7, EACH BUILDING SHAU BE SERVED BV A SEPA RATE WATER SERVICE ANO A SEPARATE SEWER SERVICE CONNECTION 0/RECTlY TO THE NEAREST MAIN, WITHOUT CROSSING OTHER ADJOINING PROPERTIES ANO WITH SEPARATE CURB STOPS INVOLVING ONLY ONE ACCOUNT WHEN WATER IS TURNED ON OR OFF. 8. AU CROSSINGS OF THE CllY OF ENGLEWOOD'S WATER, SANITARY AND STORM SEWER FACILmES MUST BE POTHOLED TO VERIFY A MINIMUM OF S FEET HORIZONTAL :u.o.~-:t.-t~c:·A~A-A MINIMe M OF 18 INCHES VE:1TICAL CLE,.":RANCE BET'.VE~N Tl-It PROPOSED COl'l:DU!T A ~r.."!~E EXISTING UTIUTIES . ;. PLEASE CAU FOR UTIUTIES LOCATES THREE (3) DAYS IN ADVANCE OF OIGGiNG . EMERGENCY lOCAltS MUST Bl CALlEO IN ON THE SAME DAY OF THE EXCAVATION ANO VERIFIED AS AN EMERG ENCY BY THE UTILITIES DEPARTMENT PERSONNEL PUBLIC 8" WATER MAIN 'TYPICAL PRIVATE ROAD CROSS SECTION (FOX STREET, AMHERST AVENUE ANO AMHERST PLACE) N.T.S. U' PRIVATE STORM _,D SEWER 1' 0 S' -PUBLICS" SAN SEWER ~I i= 1·1 II ;I iii! IP' p .• 1Ji l ,,m ii lfJ, PRo~,~~~~~r A lF3fr J'.~ 1 ~~ES~(MHERST pq Jrr. 8"WM ritt 'TYPICAL 22' PRIVATE ALLEY CROSS SECTION :::,.,,_ ,,,, GARAGE GARAGE~ 4' 22' PRIVATE STREET TRACT 4' ~ ~ I 20' EOA-EOA ---1 I OUPLIX HOMES I l :S' WATER MAIN EASEMENT ri: BOOk 817, PAGE 398 j 1• l i I -CONNECTTO -EX18"SANSEWER / EXB"WM I ----~~~wt=-~-=----~~:.:,._:~-' .·~.:...-.~···· _,-... --. ~-=···~:::=-:::r.,.. er --,_ a1a·n:-;;~~c;i ~ ~;~~:~ : 8 .G. l<l&.~LIOO'S lAl!l)~8TIO~ ,, I I r· 1r' ! ; ;fl~ ll i t, 11 11·.!1 !1 \I) ? iffl ,, '1fi.1 ii .. :.• '" I L~ !I II" ,, !t" ~1' 'ii ' lalll.OC~ 31 I "·I I . r'"" .. :;· l ; t !! . 1ir ~ EXJS'SANSEWER 11 -H 1li' " r~ 'u I l %"PRIVATE WATER SERVICE (TYP) TYPICAL SERVICE CONNECTIONS SINGLE FAMILY HOMES ...._ 8" PUBLIC WATER MAIN Ii : /i-1 , I! j I I Ii 11 1t·!1 I l · II ; I 11.l. '11 11 ii·~ ' r i: .1 VIACORE !: ': __ Jt J L '~:\·~~~~~~~~J:';--~:: ----1-~ ~--,;:M EX JS' SAN SEWER I 1 /Elltl)C~ 2 I I I I 1 1 1 /BllOC~ 31 1 I · .. %"PRIVATE WATER SERVICE (TYP) 4" PRIVATE SAN SERVICE (TYP) TYPICAL SERVICE CONNECTIONS fOWNHOMES SERVICE CONNECTION NOTE: ANY PROPOSE D SANITARY SEWER SERVICES THAT WILL BE J.-.:)CATED UNDER A PROPOSED BUILDING SHAU BE SCHEDULE 40 PVC . ABS MATERIAL IS NOT AUOWEO FOR SANITARY SEWER SERVICES . ====-; I = I -F== 1 .. 1 . 1 .. ~ PUBLIC 8" _,,,,.,,.-...-PUBLIC 8" WATER MAIN SAN SEWER 0 'TYPICAL 20 ' PR IVATE ALLEY CROSS SECTION .. S, GARAGE~· 20'PRIVATESTREETTRACT I 4 ' ~GARAGE ~ I 1---18' EOA-EOA ' I ====-; I = I F== ~-11· I .,,~ PUBUC8" --· WATER MAIN r:f . -PUBLIC 8" SAN SEWE R 'TYPICAL 26' PRIVATE ALLEY CROSS SECTION GARAGE ~ 26' PRIVATE STREET TRACT ~ GARAGE ~ 4' EOA-EOA 4' ~ ~ =' l== I '' I " I " ~ _,6 PU~r -/ ~~r WATER MAIN SAN SEWER 0 ~ II ala I ~ ~ ~ 8 5 i i~§ ... O!H V i-igii' '-... ~u .. u i~~ v ~'6a. .c z ~u -··.!! 1-•f · s·~ C ..1 i}~ ::>~·~ ii ~Ii • cnsh -.a: E Z 'H %o h! • f. UiJi ~J L~ .. Ht B~s w CJ ~ ...I > ~ a: 0 0 z 3::: 0 ~ z c( a. 0 a: ~ !!:: 0 . ...I :i I-0 i= z 0 :::::> w 0 ij: ::!: 0 0 0 c( z 3::: z w :E ::!: w ...I :i c( CJ w 0 z a: :::::> w a. a. ~ w w a: 0 0 z c( (/) '9D.l.llGA.: .-!!!..._ ~ADOC:I"~ ---. _IL_W __ ~ SHEET 5 OF 9 BBlENCOOl • • • SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO PROP NE DITTNTION & I : I J 1 I L0'11' 1 IEJ[CIEIJ'TOOLli! WATER QUALITY POND =n ~ VOLUME REQ10:0.57 AC-FT 1n 11 HWl.-5295.0 11 GRADING AND DRAINAGE LEGEND .. /;, ! ii , ! ~- I ~ I "' /:' I 2" ~ I ~! ~ .. I "''< I 0 25 so 100 ~l:i I @: ~ SCALE: 1 "=50' l!.s· '"" ,' I§ e I lj I ~ I ~I PROP RETAINING WAU. PROP SW DETENTION & WATER QUALITY POND VOLUME REQ'0:::0.34 AC-FT HWL=S301.S TOP OF BERM=S303 .S SOTIOM=S296.S °'100 RELEASE=2 .82CFS W/6' HIGH SOUND 1 WAUONTOP 1 I I I I I I PROP R£TAINING WALL W/6' HIGH SOUND WAU.ONTOP TOP OF BERM•5297.0 PROP PONDI I 11 BOTTOM•5291.0 OUTLET I I --------a.,. RELEASE ... 17CFS STRUCTURE I II I ~~~~~~--~~~iii,iii~]~I '• I D~HARGETD EX CURB f• 11 1 &GUTIERVIA I ' \ u SIDEWALK CHASE ---~ ~ \ I n --~ . \!'' ·1L t' /! PROP STORMWATER PUMP VAULT ,~ I I L _____ _ r------- ISl!.O Clt 3 I I I I I I I I I !1 RETAINING WALL (TYPJ ~ <' ~ I <: caNNECT To Ex sT sEWER 1os-o5 1 ----------w • .afe TIES &. WIE.J.. 53.Q2:.......,._._ ::::;;--------o\~---//:=:::v ----· ___ . .,~ ~/Jftr=---"-=" -~:__· _:_~~~~-~-·. ·~-----!~) b i '"-""jj .. ••m• i L _____ _ ---a~~-=--=--~--\---------~:;:-~·~ ------------------------- ~ I f L ___ L_ ---:-_ff ------~~3's .. -=..=l · 1~-~---T,, __ --<r---------: 1- 1!111.ocllt 2 : : iaLocct 3 1 I I I I I EXISTING §, = 0 0 @ -)---)- GRADING NOTE: @ 10 ~ f' ~-5301-- _,--5101 ___ ... ·~·, ~ ~§J [!) d'- ~25' RCP STORM SEWER PVC STORM SEWER STORM MANHOLE STORM INITT {CURB & GUTIERJ STORM INITT (lANDSCAPEJ CUANOUT FLARED END SECTION DIRECTION OF FLOW W/GRAOE DIRECTION Of flOW DRAINAGE BASIN BOUNDARY DRAINAGE SUB-BA.SIN (SEE TABLE BELOW FOR SUB-BASIN INFORMATION) SANITARY MANHOLE SANITARY SEWER WATER MAIN GATE VALVE FIRE HYDRANT STREfTUGHT GRADE BREAK ELEVATION SPOT ELEVATION SUMMIT LOW POINT MAJOR CONTOURS MINOR CONTOURS CURB ANO GUmR SIDEWALK ACCESSIBLE CURB RAMP PROPERTY LINE R.O.W.UNE EASEMENT llNE HECl RiCAL EQ:,;ii'MENl TELEPHONE EQUIPMENT CHAIN-LINK FENCE DECIDUOUS TREE WITH TRUNK DIA. IN INCHES (TBRJ c~~~m.9~sFI~h~MH RETA INING WAll SINGLE FAMILY ANO DUPlfX LOTS SHOW OVERLOT GRADING CONTOURS TO ACCOMMODATE FOR BASEMENT SPOILS. FINISHED FLOOR ELEVATIONS Will BE PROVIDED WITH DETAILED GRADING PLAN FOR EACH LOT. DRAINAGE SUB-BASIN SUMMARY Sub-Basin Areo Impervious % c, c,,. a, I( acres: fcfsl NE-01 0.40 83% 0.77 0.88 1 .41 NE-02 0 .15 69% 0.67 0.82 0 .44 NE-03 0.41 80% 0 .75 0.87 1.36 NE-04 0 .18 69% 0 .66 0 .82 0.54 NE-05 0 .04 57% 0.58 0.76 0.09 NE-06 0 .13 95% O.S7 0.94 0.52 NE-07 0 .13 94% 0 .86 0.93 0.50 NE-OB 0 .48 73% 0.70 0.84 1.39 NE-09 0 .54 77% 0.72 0.85 1.76 NE-10 0.07 32% 0 .39 0 .65 0.11 NE-11 0 .14 57% 0 .58 0.76 0.37 NE-12 0 .36 90% 0.82 0.91 1.34 NE-13 0 .33 74% 0.70 0.84 1.00 NE-14 0 .83 51% 0.53 0.73 1.99 SW-01 0 .18 39% 0.44 0.68 0.35 SW-02 0 .05 50% 0.53 0.73 0.12 SW-03 0.19 49% 0.52 0 .73 0.45 SW-04 0 .14 92% 0.84 0.92 0.55 SW-05 0 .02 40% 0.45 0.68 0.03 SW-06 0 .12 83% 0.77 0.88 0.42 SW-07 0 .65 68% 0.66 0.81 1.97 SW-08 0 .21 60% 0.60 0.78 0.58 SW-09 0.29 46% 0.50 0.71 0.65 SW-10 0 .48 89% 0 .81 0.91 1.79 SW-11 0 .49 49% 0.52 0.73 1.04 OS-01 0.32 44% 0.48 0.70 0.70 OS-02 0.33 66% 0.65 0 .81 0.97 OS-03 0.15 33% 0.40 0.65 0.28 OS-04 0.11 8% 0.21 0.54 0.10 05-05 0 .29 86% 0.80 0 .90 1.00 OS-06 0.40 61% 0.61 0.78 1.05 OS-07 0 .18 78% 0.74 0.86 0.59 PROPOSED ® Ill • • c:J ~ INE-011 ® ----<----·--.. A ---5302 .8 GB ---5302 .8 ---5303.0 HP --5302.0LP a,., lcfsl 3 .10 1.03 3.02 1.28 0.24 1.08 1.05 3 .21 3 .99 0 .35 0.95 2 .86 2 .30 5.30 1.03 0 .32 1.22 1.17 0 .09 0 .93 4 .67 1.45 1.81 3 .83 2 .81 1.97 2 .31 0 .87 0 .48 2.17 2 .59 1.33 ,....--5301-- ,...-5301-- Ci ~.­ ~,,. c ll~la l liiii ii 88 56 H e~ §~ ~l!'l i1BJ;J" .... QiH Vi-lP &..-Jhj .. n"d v"'B .. :!. .C Z~H -g·.!I C ~iji :>~~Ji .. cn~n VzJu ~o/~ '-ujJi ~,_bl r~.~8 w " s ..J z s: s "' a. ~ a: w 0 " == 0 <( z c z 0 <( <( !!: a: a: 0 c . ..J c ..... 0 z z 0 <( w c:i " == c 0 z z ~ 2i w <( == w a: <( ..J " c " ~ ::::> z a. w <( z ~ w :ii w :i a: LU 0 a: c a. z <( "' ---'-"--"'°"-.r.noc:..:.J!!!!__ Ol'AWWft _Jl_W __ ..E}Mfil__ SHEET 6 OF 9 BBLENC001 • 1.ANDSCAPEZDNI! LANDSCAPEAREAOUTSD>ESUEET ROW ~ Tll.ELAWNS wrnaN ROW .. TOTAL MINIMUN REQUIRED LANDSCAPE QUANTtttES: REQUIRED MINIMUM LANDSCAPE AJtEA: 92,256 S.P. ( % 25 OP THE TOTAL LOT AREA) MnrnMUM NUMBER. OF 1llEES 147 (lnEEPD.Ws.F.) MINIMUM NUMBEI. OF SHRUBS 913 ( 1 PeR.1005.F.} • • SAND CREEK PUD AMENDMENT Dl!SClUPTTON SOD, MULCH. SHRUB, PDENNlAL BBDS. % OF THE TOTAL LOT AREA All!A {369,063 S.F.) RJVER. ROCX BPl>S, PEBBLE GARDENS, lll,9l9 S.P. "'' P'LANTBRS, BOULDERS, SITE FURNlSHINO SOD , PEJlENNIAL BEDS, RJVER. llOCIC. BEDS, PEBBLE GIJU>l!N!. l",$5.S S.7. %4 sm! FURNISHING PROPOSED LJ.NDSCAPE QUANTmE5: PltOPOSl!.D LANDSCAPE AREA: ( % 40 OF TH2 TOTAL LOT All.A) PROPOSED 'NUMBER. OF Tit.EES ( 1 'ntEE PEii. W S.F.) PltOPOSED NUMBP.ll OP SHRUBS (JTR.El!.PEllWS.P.) 146,.524 S.P. %40 1"46.S2•5.P. 23! 1000 J1~~:-~;~;© rr== -------------~ r;=- LANDSCAPE PLAN SCALE: 1" = 50' IRON WORKS VILLAGE (/ IL ![ l r I I I il I I I I I I [ I [ I[ I I I I I I I I I I If ,,.,,., PLANT LEGEND n'MllOl. MAT\JR8 SCll!N'mJCNAMB """""""""" SIZZ QlY. fl : STREET PEDesT1UAN LIGHTS i' L.EDS1re1t.U&bl-l'ltotriS....~ (PftnilU!Dfna~illlllawraimov.. fm.il tipl b1'n wiD be Dmil• iD dalncW -~ but..,.bc Rppliedby I ~anmt--~) BrlsbtDcM•-6,IOONmm...ll.umcm. fl: STllET UGHT ON EU.TI SD.El!T ,. '~ SIZll 0-··--~ ,..,. .... ~-.. -·----- ::r.:.. ...aaa-UDNm!" 0-·· ...... 8 _ ... oumrnA~-.am ·..riw.&.' --e ,..,.. ... ftJ.\cmDUA·~ •w"' 8-··-----0 -·· --·--G _ ... ~a91mS ...... UC4' ·--e -1t• ,...,.~ .... 1-.1,.Dlo\. e »uaa MALUlva..a-· --.G l...u'IL• .U:O.T.U.ull:UI ·~-G 'JI 11-U'B.• ~TAIOUllatUMMUJ'- U·Jll'DU.. e -·· aATAMIUll~ ,.,. .... 8 ...... rtalNOo\UTEU.ATA lf-WO&A. @ ....... PftWCAUAT.UU.~ IJ.IFtllA. 0 -·· PllH.llCD.uut~' U-1.J'D&A. ® -·· ~-"""' 1~1rDtA. """"""'" ..... ~ ...... ......., _ _, _.,UICWT,--.W.. ._.....,.,. ft!Jtl,CIOUl&NIOIWI rw1,aoa:rM.OOl.lllU.I -'""""""' .........,,. __ MU'U.TAT.t.a&AX '""-" ~---'""-" ktrnldO(,W~ 14M:,JAr~TUI ..........,.. t9aY.~ PUJll.PUNClllL\T J'OTAJ.NllMRl.Of~SHOWN: 1M• OVF FLAT GLASS 150·400W P\a1'I Stmt M.eal Halideff.iab PreMun SodilD MctalRalido Tho OVFP111 Gl_rnd_y t~ Yi Id.I for~,y.whcrcai&otrUpR!am.twliabt lrelpUlkUliauc. I. UOlm Sl'ICIFmD ABOVE MA.YBl UPV.CBI wtnl llMIL.U TOMBT XCU. ENEl.OY'S RIQ""""'"'1 1. nm IXACf LOCATION CH' PEDESDJAN nun UOlrTS WUL •~PaO'lmED WlTRflNAL ""°""""""' ). IN oaoa 10 AYOCD UOllT rot.UmCN, HO IOI.JI lJOKJDrfO J>tAU. H P'ROVEDai wrntlM OUDt ~TS; OCCASIONAL LOW PATH UOH'l'INO ON UY c:o.NEU, TOGElHEI. WJT1I nm roacx uoirn, SHAU. coMn.111 lJ(Jffll>IO AT 01EDI COUl.TS. PRIVACY FENCES: L..U.O!uaw1.:uamSH1.UMIROWttlJMNSf'LA>IWIU.•CDOUN~ THIJCU.DWiNCI UITINC1DU:"'Ol'Okt10tll IOUTK-WU1'FACl«JLOCAT10fd~TIW'ATll() t:ifti:. ~~...-=,110tt ~=COUAM 0 ~~wmaw ~~~vrx. Na&tH-&UTfAC2fQ LO(:A11QICI (MOODAft WATDJ :::~BL:.. ~~QUU' ===wc:un'IQWJ. 0 VW.UUftAllPl.IJIVOl..Ulll vmtmtUM.KACUUIW vauaNUWCULllG \l'IMMMM.S.:~ l.M\Jlnn.oaATA ftNAC, tma.UAP IMAl.LS•UU: IWAll.-VU ltKIWtl ~ THlln.Nl'WILLU CllOUN AMONG n& •OLLOWINO UIT .. Cl.OD ,._m'O&'f10MI IOUTll-WUl'FACIHOLOCATDllOofODllU.ftWATtlQ t.J'B.a l\IDDUIADAYmll IUT'TUl1.YIUlll l ·"D&A.. CAaAQANAPYDWA&\ l'L\Aa\9,PYOWY n.UNUI 11.JUYI 'tAwm9UTTU' QaU.Y,QDPDtOWll'TDNlAMD ~~lmallA l'OTDrmLA,llWAY'IWM'n HOa'f».IAIT FACNO LOCAT10NI (MOOOAU WATQ) l ·"K.• ~IAIOMC\~' OUDfa,UOPUJWBJNO i..t' DIA. llUIJMYWUI fOl.nJNll !UONTMUJ. Dal.ALD MAJIOflllA AQUPQUlRllf OUCON GI.AK MOU.Y Sft&UA Ml'OMCA •AMnll)tlY W.' SP'au, AtmKINT WA1DD. PD.DIMALI Wll.L II. PllO'lmlD i.oM 1111 POUDW9rG Ul'fot lllllODA.n WATD. \llal • ~~'l.cr.w:Ma~ =AILIS=~ AaNDIAMAamMA CAMPANUU.ID.JIPCIUCI. I . PIUVACY FENCES SHAU. BE USED ONLY TO ENCLOSE 1llE D'lTEIUOR SIDB YARDS AT SINOLB u.NDSCAPE Pt.AN NO'raS: FAMn.. Y DETACHED HOUSES AND DUPLEXES . NO PRIVACY FENCE SHAU. BE PERMITIED EXCEPT FOi. 1HOSE THAT ARE SHOWN ON 1HE UNDSCAPE PLAN. LOTS AT SnEET CORNERS SHALL NOT EMJ"LOY ANY Pl.IVA.CY FENCE. PJUVACY FENCE AT SIDE YA.JDS SHAU RA VE A SETBA.Clt OP A MINIMUM OP TWELVE tNCHES FJtOM n1E FR.ONT FACE OP 111E PRINCll'AL SD.Ucn.JR!.. 4. NO PRJV ACY FENCE SRALL BE HJOHEll THAN sex FEET. 5. A SIDE Y AllD USE EASEMENT SHAU. BB OR.ANTED TO TllE LOT ON raE NORTH FROM nrE WT ONTHESOtml 1. TOTAL LANDSCAPE AREA CALCUl.ATIONS ARE BASED ON A CONCEPT\JAL SITE PLAN. FINAL PROVIDED LANDSCAPE AREA WILL BE DETER.MIN20 ATntE TIME OF flNAL DESIGN. ATNOTIME SHALL LESS nt.AN 25% OFTIIE TOTAL AllEA BE PROVIDED AS LANDSCAPE AREA AS DEFINED WJ1HIN nns PUD. l . SIDEWALKS SHOWN ON THE PLAN AJlE NOT COUNTED AOAINST THE LANDSCME AJtEA CA.I.CUlA.TIONS. 3. EXACT DESIGN, INC.UDING nm LOCATION OF Tllf.ES • SHRUBS, PERENNIAL BEDS. sm fURNISlUNG, ETC. SHALL BB DetEll.MINED AT THE TlMEOF THE FINAL DESIGN. 4. AU. UVINO LANDSCAPE AREAS SHAU. BE IIUUGATED BY DRIP IRRIGATION. S. mERE Wll.L BE NO FR.ONT Y AllD FENCES THllOUGHOUT THE PlDJECT. 6. PRIVACY FENCES SHAU. BE USED ONLY ro ENCLOSE THE Dn'ERJOR sme y AllDS AT SINGLE FAMIL y DETACHPD HOUSES AND DUPLEXES , AS SHOWN ON l1IE PLAN.PRIVACY FENCE AT SIDE YARDS NEEDS TO SET'BACK. MINIMUM TWELVE INCHES FR.OM 1llE FR.ONT FACE OP THE PRINCIPAL STllUCTURE. w ~ > (/) :i.::: a: 0 ::: z 0 !!: I I-z w ::E c z w :e < c :::> D. :i.::: w w a: 0 c ~ (/) ~~ .o i8 ::> .: 'D • c !! • :0 i ,B E "'~ 8 'li~ld :qi!!!~ :!.li g ~ ~~~! 0 c ~ z g . j 0 a. 0 w 0 a. < 0 0 0 (/) ~ c j ..J CJ z w i1--__m._ i --JQ_ ~ .,_..,, __.!Q._ gllATa ~ I I SHEET 70F9 ~ . • • 1T O.C. BOARD ANO 1X2 BATTON VERT1CAL SID ING Willi 1X2 CORNER TRIMS SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO BLOCK ELEVATION FACING WEST: TWO SIX UNIT TOWNHOME BUILDINGS SCALE: 1" = 8' a I I ~ ·~ I 5: !I~ .!!111 io -e u ;• c !! . " .;! i8 E l! t ~ .c ... I! .i l ~ ~ u;~ q :e"' ! li:u I --__m_ i --_m_ ~ _..,., __m_ g M ll< _DlJJ.Jjjj_ l SHEET I aOFg ~.L ... -.. -..... -. -.. _---' . I I i I • I l __ -~----·------- SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO FIBER CBllENTBC:WmNCl aATTEN SIDING: 1r O.C. AROllTlCl\JRAL CCMPOsmoN SHNGl.ES <%:C )ji_.__ffi . ··. : l=-* . 08 ---- ~ ~ GARAGE DOOR i!: I B_EfERENQ_E LEVEL 4_.PLATE : 14.Q'-O~ _ _E§.F~ENCELeyEL4 : 130'.:_11~ REF 3RD FLOOR PLATE: 129'-8 7/8" ~ _ __!l_EFjORENCE LEVEL 3: 12.Q'-7_314" ~ REF 2ND FLOOR PLATE: 119'-5" 19 __ __!l_EFJ'RENCE ~EL 2: 11.Q'-3 7/8". /l'Jjl REF 1ST FLOOR PLATE: 109'-11/8".,..., ~ .. ~~c ;I _ __ _ _ __ [lEFERENCJ' LEVEL 1;_ 100'-0" -~ (2) LEFT ELEVATION (RIGHT ELEVATION O .H.) r·-- (.11 FRONT ELEVATION -------·- ------------.._~ AACHITEcnJRAL CCMPOSlllON .......-------. --... --. _,,,,-s .. NGLES -<. ---------:;-<:_ / .· ----------.......:..... ~ ----------·-;;7 .. ~ 'Q '\ iii?? . . ,,.__..,.'._" ~:L'~~~:::,:~~·,:,::: ::;:."'il"'flo"""'-.~,.....1-I------~. REF3RDFLOORPLATE 129'-87/8" ,4lj,i ~1 ----· ·-·----- ___ -==-__ -:::~rl __ _B_. Ei:Ff!;NCE IJ'VEL L12.Q'-UI.£ ~ 0 ...••. B.EF 2ND i:LOOR P !,t.1:!hl19'-5~ ~ !L ;~~\/~~HT ~ i ""~--_ --~r-__ REIJ=RENCE l,!OVEL2: 11.Q'-~ 718" -/ljl --------~ -__ REF 1ST FLOOR PLATE: 109'-11/8" ~ AOHEREC SYNllifllC , STCHE \ID/EfR ! . ;;;1 --l ___ f'EFER£N(<_E LEVE~ 1 ~ 100'-0" ~ Ill(~. KEPHART community • planning • arct'itec:ture ;~ 'i I 11 .... a!H Vt->a· &. ... iii au:~t .CZ sh -~·~ 1-ai· C .... cU i.,£i :::> N 1~ • rn:1i .a: E z.u %~~H ~,_!H 1 r .4111~"~ w ~ > ~ a: 0 U) 3: 0 z ' z o o I 0 < t:= a: a: < -; g [j · 1-o ..J I I ~ I ~ ~I l ~\8 ~I ! II ~ ~ ! :::> z ::c I Cl. w 0 ~I I ~ ~I I II i i 1 1 I! I, I j' ! ' 1--.. I! 11 -... -I I : 1 I i ~ 1! i ! I ~11::~~ _ill. j I • ' I AWOC.:__iM§_ I \ '.; OMWlllY: ~-1 ~~ ; DATt -I •: t---JUlllilli. I I a;, I SHE -1 I ~1 I ET : lli 9~9 !i • • ) ~, • TITLE EXCEPTIONS --------------------------------------------------------------------------------PREPARED 'MlH THE BENEFIT OF OlD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ORDER NUMBER A8C70461075-5 'MTH AN EITTCTIVE DATE OF FEBRUARY 11, 2016 .AT 5:00 P.M. EXCEPTION 1 -NO ADDITIONAL INFORJl..ArJON WAS PROVIDED TO THE SURVEYOR OF RECORD. ANY F'ACTS, RIGHTS , INTERESTS, OR CLAIMS lHEREOf, NOT SHO't\111 BY lHE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED B Y AN INSP.E~TION OF THE LANO OR THAT MAY BE ASSERT£0 BY PERSONS IN POSSESSION Of THE LANO. EXCEPTION 2 -NO .ADDITIONAL INFORllATION WAS PROVIDED TO THE SURVEYOR OF RECORD. EASEMENTS, UENS OR ENCUMBRANCES, OR CLAIMS THEREOF', NOT SHO'Mll BY THE PUBLJC RECORDS. EXCEPTION 3 -THIS SURVEY SERVES TO SATISFY THIS EXCEPTION. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUt.!STANCE AFFECTING Tl-IE TITLE Tl-IAT WOULD BE DISCLOSED BY AN ACCURATE A.NO Cot~~LETE LA.NO SURVEY OF Tl-IE LAND A.NO NOT SHOWN BY THE PUBLIC RECORDS . EXCEPTION 4 -NOT SURVEY RELATED. ANY LIEN, OR RIGHT TO A LIEN, FOR SER\.1CES, LABOR OR MATERIAL HER ETOFORE OR HEREAFTER FURNISHED. IMPOSED BY LAW AND NOT SHOYM BY THE PUBLIC RECORDS. EXCEPTION 5 -NOT SURV rY RELATED. DEFECTS, LIENS. ENCUMBRANCES. ADVERSE CLAIMS OR OTHER MAffiRS, IF ANY, CREATED, FIRST APPEARING IN TliE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DA.TE HEREOf BUT PRIOR TO THE DA1£ OF THE PROPOSED INSURED ACQ UIRES OF RECORD FOR VALUE TliE ESTA.TE OR INTEREST DR MORTGAGE THEREON COVERED BY THIS COMMllMENT. EXCEPTION 6 -NOT SURVEY RELATED. (A) TAXES OR ASSESSMENTS THAT A.RE NOT SHO'M-1 AS EXISTING LIENS BY THE RECORDS Of ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY Tl-IE PUBLIC RECORDS ; (B) PROCEEDINGS BY A PVBUC AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETH ER OR NOT SHOWN BY THE RECORDS Of SUCH AGENCY OR BY THE PUBLIC RECORDS . EXCEPTION 7 -JIANHARD CONSULT/NC DID NOT EXAJIJNE ANY UNP.ATENTED JIJNJNC CLAIMS, PA.TENTS, OR JfATER RIGHTS OR CLJ.JJIS OF TITLE TO WATER AND THI SURVEYOR OF RECORD ASSUMES NO RESPDNSJBJUTY FOR ANY CLAIMS OR RIGHT ON THE SURVEYED PROPERTY. . (A) UNPA.1£N1£0 MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS JN PA.TENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. EXCEPTION 9 -NOT SURVEY RELATED. EXISTING LEASES AND TENANCIES, IF ANY. EXCEPTION 9 -AFFECTS SURVEYED PROPERTY -SHOWN HEREON. EASEMENT GRANTED TO lHE CITY OF ENClEWOOO. FOR A WA TERUNE, ANO INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED AUGUST 17, 1953, IN BOOK 81 7 AT PACE 398. . EXCEPTION 10 -INTENTIONALLY DELETED. EXCEPTION 11-DOES NOT APPEAR TO AFFECT SURVEYED PROPERTY -EASEMENT VACATED BY JNST.RIJJIENT RiCORi>~:D . "1-£BidJARf Z'f, .i:vO:C t :.:,4x' .~t."Lrli'iJJ( NC-. B2(/J;'i1ZFo ....... ::;Ho';i·N HEREON. EASEMENT GHAN1£0 TO UNDERGROUND UTIUlY UNES, PIPES ANO STRUCl\JRES, FOR IJNOERGROUNO UTILITY LINES, AND INCIDENTAL PU RPOSES, BY INSTRUMENT RECORDED AUGUST 20, 1985, IN BOOK 4521 AT PAGE 556 ANO RECORm:o SEP1£MBER 10, 1985 IN BOOK 4542 AT PACE 315. EXCEPTION 12 -Al'FECTS SURVEYED PROPERTY -SHOWN HEREON. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESER VATION S ANO NOTrS ON lHE PLAT OF GENERAL IRON WORKS SUBDl\.1SION RECORDED DECEMBER 6, 1985 UNDER RECEPTION NO, 2609250. BOUNDARY LINE AO..l!STMENT IN CONNECTION THEREWllH RECORDED JULY 2, 2002 UNDER RECEPTION NO. B2119969 EXCEPTION 13 -DOES NOT APPEAR TO AFFECT SURVEYED PROPERTY -NOT PLOTTABLE . TERMS, CONDITIONS, PR0\.1SIONS, BURDENS, OBLIGATIONS AN O EASEMENTS AS SET FORTH ANO GRANTED IN RAIL PASSENGER SERVICE EASEMENTS RECORDED APRIL 2, 1997, UNDER RECEPTION NO. A.7038167. EXCEPTION 1• -AFFECTS SURVEYED PROP~RTY -NOT PLOTTABLE. TERMS, CONDITIONS, PROVISIONS , BURDENS ANO OBLIGATIONS AS SET FORTH IN VOLUNTARY NON-PARTICIPATION AGREEMENT RECORDED JULY 12, 1999 UNDER RECEPTION NO. A.911 2929. EXCEPTION 15 -JNl'ENTIONALLY DELETED. EXCEPTION 16 -JNl'ENTJONALLY DELETED. EXCEPTION 17 -INTENTIONALLY DELETED. EXCEPTION 18 -JNTZNTIONALLY DELETED. EXCEPTION 19 -AFFECTS SURVEYED PROPERTY -NOT PLOTTABLZ. TERMS, CONDITIONS, PROVISIONS, BURDENS A.NO OBLIGATION S AS SET FORTH IN ORDINANCE NO . 5, 2012/2013 RECORDED MARCH 1-4, 2013 UNDER RECEPTION NO. 03031835. EXCEPTION 20 -AFFSCTS SURVEYED PROPERTY -NOT PLOTTABLE. TERMS , CONDlTIONS, PROVISIONS, BURDENS A.NO OBLIGATIONS AS SET FORTH lN SANO CREEK PLANNED UNIT DEVELOPMENT RECORDED MAY 14, 2013 UNDER RECEPTION NO. 3059798. ALT A/NSPS LAND TITLE SURVEY PART OF LOT 1, GENERAL IRON WORKS SUBDIVISION AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO VENUE AMHE ~ST AVE . Y' ~· Y' 0 n "' ,., I )> r ,., )> ;o z ::;: 0 z )> "' 0 ;o ,., n ,., ,., "' Vl Vl Ul :-< :-< :-< ' . BATES AVE I I Vl .,, 0 x Vl :-< ( NOT TO SCALE ) LEG.AL DESCRIPTION LOT 1, GENERAL IRON WORKS SUBDIVISION, EXCEPT THAT PORTION 11-tEREOf CONDEMNED BY REGIONAL TRANSPORTATION DISTRICT, AS REC11£0 IN RULE ANO ORDER. CASE NO. 01-CV-0060, EXHIBIT A, RECORDED FEBRUARY 24, 200'4 UNDER RECEPTION NO. B4033155 ANO RE-RECORDED APRIL 15, 2004 UNDER RECEPTION NO. B-4067360 OF THE RECORDS OF THE ARAPAHOE 'COUNTY CLERK AND RECORDER, TOGETHER WITH P A.R T Of THE NORTHWEST OUARTER Of THE NORTHWEST OUAR1£R or SECTION 34, TO'NNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERlOIAN, COUNTY Of A.RA.PA.HOE. STA.1£ OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Y' )> n 0 ~ )> Vl :-< COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 AND CONSIDERING THE SOUTH LINE Of SA.ID LOT 1 TO BEAR SOUTH 897.4'22" WEST, BEING MONUMENTED BY A NO. 4 REBAR IN CONCRETE ON THE EAST ANO A NO. 5 REBAR 'WITH A 1.5" ALUMINUM CAP STAMPED PLS 29258 ON THE WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89'24'22" Yt'EST, A DISTANCE Of 275.40 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'24'22" YIEST. A DIS TANCE OF 375.92 FEET ALONG SAID SOUTH LINE TO THE EAST UNE OF THE PROPERTY DESCRIBED IN THE DEED RECORDED JUNE 2 5. 2010 AT RECEPTION NO. 0060984 Of THE RECORDS Of THE ARAPAHOE COUNTY CLERK ANO RECORDER; THENCE SOUTI-1 00"06'35" EA.ST. A OfSTANCE Of 30.06 FEET ALONG SA.ID E AST LINE TO THE SOUll-1 LINE OF SA.ID NORTHWEST QUARTER oi=: THE NORTH\lt'EST QUARTER OF SECTION 34; THENCE SOUTH 89"23'48" WEST. A DISTANCE OF 90.7J FEET ALONG SA.ID SOUTH UNE OF THE NORTH'tt£ST QUARTER OF THE NORTHWEST OUA.R~ OF SECTION 34 TO TH E EASTERLY LINE OF THE BURLINGTON RAILROAD RIGHT-OF-WAV (FORMERLY ATCH ISON-TOPEKA A.NO SANTA FE RA1l.ROAO), BEING A NON-TANGENT CURVE; THENCE A.LONG THE A.RC OF A NON-TANGENT CURVE TO TH E LEFT HAVING A CENTRAL ANGLE Of 02'18'21", A RADIUS Of 5779.65 FEET. AN ARC LENGTH OF 232.58 FEET, THE CHORD Of W'HICH BEARS NORTH 12·4e'2e" EAST, A DISTANCE Of 232.57 FEET TO THE SOUTHERLY LINE OF THAT PORTION OF SAID LOT 1 CONDEMNED BY SAID CA.SE NO. 01-CV-0060, BEING A NON-TANGENT LINE; THENCE NORTHERLY ANO EAS1£RLY ALONG LAST SAID SOUTHERLY LINE FOR THE FOLLOWING FOUR (4) COURSES: 1) NORTH 20'40'07" EAST, A DISTANCE OF 297.55 FEET TO A PotNT OF CURVATURE ; 2) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE Of 34"57'08", A RADIUS OF 120.00 FEET, AN ARC LENGTH Of 73.20 FEET, TH E CHORD OF °M'ilCH BEARS NORTH 38.08'41" EAST, A DISTANCE Of 72.07 FEET TO A POINT OF TANGENCY; 3)NORTH 55"37'15" EAST, A DISTANCE Of 512.87 FEET; 4) SOUTH 88"58'07" EAST, A DISTANCE Of 265.52 FEET TO THE EASTERLY LINE OF SA.ID LOT 1; THENCE SOUTHERLY ALONG LAST SA.ID EAS1£RL Y LINE FOR TH E FOLLO'MNG AVE (5) COURSES: 1) SOUTH 0014'50" EAST, A DISTANCE OF 53.41 FEET TO A NON -TANGENT CURVE; 2) A.LONG THE ARC Dr A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL A.NGL£ Of 60"22'23", A RADIU S Of 45.00 fEET. AN ARC LENGTH OF 47.42 FEET, THE CHORD OF 'WHICH BEARS SOUTH 29'5<4'56" WEST, A DISTANCE Of 45.25 FEET TO A NON-TANGENT LINE; 3) SOUTH 5910'27" WEST, A DIST ANCE OF 11 6 .36 FEET; •)SOUTH 88"57'59" WEST, A DISTANCE OF 28.10 FEET; 5)SOU1l-I 0012'50" EAST, A DISTANCE OF 320.99 FEET; THENCE SOUTH a9·5e'53• WEST, A DISTANCE OF 277.61 FEET; THENCE SOUTl-1 00'35'22" EAST, A DISTANCE OF 337.95 FEET TO THE POINT Of BEGINNING. SURVEYED ARE.A 369.089 SQUARE FEET (8.4731 ACRES)± Y' "' ;o 0 )> 0 ::;: )> -< NOTES 1. NOTICE: ACCORDING TO COL ORADO LAW YOU lifUST COMlifENCE A.NY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU ftRST DISCOVER SUCH OEfE.CT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE lHA.N 1£N YEARS FROM THE DATE OF THE CERTIFICATION SHO"*' HEREON. 2. ANY PERSON 'M-10 KNO'WINCLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LANO SURVEY MONUMENT OR LANO BOUNDARY MONUMENT OR ACCESSORY, COMMITS A a.ASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATU1£ 18-4-509, C.R .S. 3. THIS SURVEY DOES NOT CONSTil\J1£ A TITLE SEARCH BY MANHA.RO CONSUL TING TO DE1£RMINE Ov.t.IERSHIP OR EASEMENTS OF RECORD . FOR ALL INFORMATION REGARD ING EASEMENTS, RIGHTS-OF-WAY, A.NO TITU OF RECORD. MANHA.RO CONSULTING RELIED UPON THE TlTlf COMMITMENT PREPARED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NO. ABC70461075-5 WITH AN EFFECTIVE DATE OF FEBRUARY 11, 2016 AT 5:00 P .M. 4. THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE PERSON(S) OR ENTITY(S) NA.MEO IN THE CERTIFICA1£ HEREON. SAID CERTIFICATE DOES NOT EXTEND TO ANY UNNAMED PERSON(S) OR ENTITY(S) Vt'ITHOUT AN EXPRESS RECERTIFICATION BY THE SURVEYOR NA~ING SAID PER SON(S) OR ENTITY(S). 5. THE LINEAL UNIT USED IN THE PREPARATION Of THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY TliE UNITED STATES DEP ARTMENT OF COMMERCE, NATION~ INSTITUTE OF STANDARDS ANO TECHNOLOGY. 6 . UTILITY LOCATIONS WERE DERIVED FROM OBSEfWED SURFACE E\.10ENCE. 7. BASIS OF BEARINGS: THE SOUTH LINE Of LOT 1, GENERAL IRON WORKS SUBOMSION LOCA.1£0 IN THE NORTHWEST QUAR1£R OF THE NORTH\11£ST QUARTER OF SECTION 34, TOWNSHIP '4 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN IS A.SSU"'4EO TO BEAR SOUTH 99'2'4'22" WEST BET¥1EEN THE FOUND MONUMENTS AS SHO'Mll AND DESCRIBED HEREON. 8. FLOOOPLAIN: THE SURVEYED PROPERTY IS LOCA TEO WITI'tlN ZONE X, OTHER AREAS -DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ON FLOOD INSURANCE RAl£ MAP (FIRM) -MAP NUM BER 08005C0161K WITH AN EFFECTIVE DATE OF OF DECEMBER 17, 2010. (TABLE A, 11£M 3) 9 . NO ZONING REPORT OR LETTER WAS PROVIOED TO THE SURVEYOR . THE SURVEYED PROPERTY IS CURRENl\. Y LOCATED IN THE CITY OF ENGLEWOOD , COLORADO A.NO IS ZONED PUD {PLANNED UNIT DEVELOPMENT) WITH TliE FOLLO'NING DEVELOPMENT STANDARDS FROM THE SANO CREEK PLANNED UNIT DEVELOPMENT. RECEPTION NO. 03059798 (TABLE A. ITEM 6(A)), 1. MULTI-UNIT RESIDENTIAL DWELLINGS a . MAXIMUM BUILDING HElCHT: 75'-o" b. SETBACKS: 5 '0" FOR ALL MULTI-FAMILY USES c . DENSITY: MAXIMUM ~5 DWELLING UNITS PER ACRE (45 OU/ACRE) d. FLOOR A.REA/UNIT: MINIMUM 550 SQUARE FEET e . MAXIMUM FLOOR AREA RATIO: NONE f. MINIMIJM OPEN SP.t.CE (INCLUDES SIDEW.lUCC:): 25% g . Mifll iMUM LOT WIDTH: NCINt:: ., 2 . COMMERCIA.LjlNOUSlRIA.l a . DEVELOPMENT STANDARDS FOR COMM ERCIAL OR INDUSTRIAL USES SHALL COMPLY WITH THE DEVELOPMENT REGULATIONS OUTLINED FOR THE (MU -B-1) MIXED-USE CENTRAL BUSINESS AND (1-1) LIGHT INDUSTRIAL DISTR ICTS FOUND IN TITLE 16 Of Tl-IE ENGLEWOOD UNIFIED DEVELOPMENT CODE. b. MAXIMUM HEIGHT: 100'-0" c. SETBACKS: 10'-0" FOR All NONRESIDENTIAL USES 4 . PARKING a. PARKING GU IDELINES WILL BE PREP ARED B ASED ON FUTURE DEVELOPMENT USE ANO WILL BE SUBMITTED 'WITH A FINAL SI TE P LAN ANO Will UTILIZE Til\.E 16 OF THE ENCLEWOOO UNIFIED DEVELOPMENT COOE AS A BASIS.REDUCTION Of PARKING MAY BE PROPOSED FOR MULTI-FAMILY. SURVEYOR'S CERTIFICATION TO : BLVD 8utLDERS, LLC , A COLORADO LIMITED UABIUTY COMPANY :OlD REPUBLIC N.t.TIONAL TITLE INSURANC£ COMPANY : SANOCREEK INVESTORS, LLC .. A COlORA.00 UMITEO LIABILITY COMPANY Tl11S IS TO CERTlf"Y lHA.T TH IS MM" OR PLAT A.ND THE SURVEY ON WHICH IT tS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARO DETAIL REQU IREMENTS f"OR ALTA./NSPS LAND TITU SURVEYS, JOI NTLY ESTABLISHED A.NO ADOPTED BY AL TA AND NSPS, AND INCLUDES ITEMS I, 3, 4, fi(o), 19, AND 11 Of' TABlE A THEREOF". THE ntLD WORt< WAS COMPLETED ON : BRIAN J. Pf"OHL COlORAOO PLS NO. 38445 FOR ANO ON BEHALF OF t.IANHARO CONSUL TING eooe E. ARAPAHOE COURT, SUITE 110 CENlENNIAL, COLORADO 80112 (303) 7019-0500 CLERK&: RECORDER'S CERTIFICATE I HEREBY CERTIFY THAT TH IS PLAT WAS Fll[D FOR R£CORD IN THE omcr or TH£ COUNTY CL£RI< AND RECORD[R OF ARAPAHOE COUN1'Y. COLC>RAOO ON THE __ DAY OF , 20_ Al ----O'Cl.OCK _.M. RECEPTION NO. ---------- BY: ------------0£P\JTY COUNTY O..CRtC AHD RECOftOE.lt -U~HJ 1....1~1~ 8 ~ au~~i .CZ§H -~·~ ... -~· C ""lH ::>~~;i Rcn~n Vziu ...-01~~ ~u!jt ~,,_L ~ r~U1 0 c <C a: 0 .... 0 0 u.i > 0 w ::c ~ w <C ::J a. ::J z <C (/) w a: w ~ <C .... LI. I-(/) 0 i= w ~ c ~ z m z :'.3 ::J I-0 (/) (/) w 0 a. 3::: c (/) z .... 0 ~ 0 ~ CD w <C .... C!J z w LI. 0 !;: 0 l'flO.l,ljlOll.;~ -.AHCIC . .:..lL__. ~ -2U!!LlL ..!!LA...._ SHEET 1 OF 2 BBLENC001 .00 • • • t 1 " ~I ~I !1 ti'.' ~I j\;-------------soo.32;------------- THYIGT CORNEA: SECTION 34, HS, R68W 0UN0 NO. 5 REBAR W/J.~" AL.Ua.INUM CAP I STAMPED "Pl.S 22.571, 1993" IN RANGE BOX w• ~., i!l~- 1 ~E io ~~ ~. 5l; :::!1 tii~ I ~iii : ~!> !"1 z~ §1 ~~ zj 1!15 I 5~ ~~ ~~ (N 38'08'14" E) CH-N (02'29'0J"ltF218'21. R-5779.65' I (2lHO')l-232.58'· (N 12·43· .. • E)CH=N 12'48'28" E I (23H5')232.57' "'~ I I 0 ~ ~ O' :::! ..., :s ;e ;: ~I:! w~ iE ! g., ~ff- ~ f2 Et Iii :,j .:!. ! QJ ~~.5' WAT!R MAIN EASEMENT BOOK 817, PAC£ J98. (2.26.t!'J --~-~·----,;cc_,,j..,_;>...,.,j ... "'.~~, NOR'TH SIXTEENTH CORN ER o . .f lUT ., SECTION l4, T4S. R68W o.3" t+OltlM f'Cl.JNO J .25• COOT ALUMINUM CAP STAMPED •PLS 17866, 1995• IN RANGE BOX ALT A/NSPS LAND TITLE SURVEY PART OF LOT 1, GENERAL IRON WORKS SUBDIVISION AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO {02°32't,1 b-2"32'44"' R•535.00' l•2J.77' CH•S 15'06'1r E 23.7r _--'"~'~st' W) N ,!9,310~ _ ~25.41' L----,,.,~--,..,..,..,,--,..,.---1------------::=c-=:::::-----l-j -_w ___ Y_A_L_E_ A ~~·~~i"o.CC:.':.~ ~~00~ m. ROBW N~!~~ff ,~~!~' : ~~~~~~~:~:sr I I I 1 ~=~~~~:'~.~:,'MENT N 89•3croz" E <" "·..-s1 · £l ~ OUART£R OF SECTION 34, ns, R6ew I 15.61'(•~+4"1 I fi ~©v 2 I I !! I I Uli'll' ~ <EXC~VIOMl ~EC£PT1Qtl. 11.C. 8403~155 N 89"29'1SI-E (M n ·n·2rt) ~(,,,+"'~ ,,,.;;,';rt'· :-\~~O·~ 4~""" SURVEYED PARCEL PART OF LOT 1 s 89'58'53" w in "' ~ ... l@'ll' ~ (IE)[CD'Tl019) ~~ I ~~ I wm §g ~ <.~ ::~ li~ :~ i~ ! N~~ tS <C ~ OOll" ilH r E (S 00'04'18" W) I 1 A-60'22'23"(s oow·oo· Wl R-45.00' l-47.42'(47.12') CH=S 29"54'56" Wes '°™""" Wl @ 45.25'(45.00') '!/. AMHERST ~VE. ,;:; ,- lo ~ 1~ "'" 18 i!'::l ili' i!I~ ~t w ~ .. a: ~~ ~~ o/ ~u ;!'iii w 151!1 a: ~~ i i!'~ llL~~ 3 1!15 < TIEllllll1f' llllllllD'll'IOl!I !)'~ .... SOOK , AGE 24 :J ~ ~~ g~ (/) I BOOK 1, PACE 415 GRAPHIC SCALE ~ -.J. -1.__ ,___ .,. ~ (DIFUI') 1 bl.cb. • 80 ft. LEGEND • EX. PROPERTY LINE • EX. SECTION LINE • EX. LOT UHE • EX . EASEMENT LINE • EX. CONCRETE CUR8 & GUT1£A • EX. EDGE Of" PA'tfli6ENT • EX. SIO£WAL.K • EX. CHAIN-LINK ITNCE (a.F) • EX. OVERHEAD WIRES 0 • SECTION CORNER 0 • FOUND REBAR AS NOlED SET NO. 5 REBAR WITH • • 1,25• YEU.OW PLASTIC CAP STAMPED "PLS 38445" FlUSH WITH GROUNO F'OUNO NO. 5 REBAR ¥1!TM EJ • 1.25. RED PLASTIC CAP STAMPED •pLS 38257" f'OUND NO. 5 REBAR Vt'l'Di @ • 1.5" ALUMINUM CAP STAMPED "Pt.S 25258'" Q • f'OUNO NO ... REBAR WITH AS NOTm -0-• EX. UTlJTY POLE * -EX. unuTY POl.E Willi LIGHT • EX. BUFFALO BOX & • EX. WAlER Jr.IARKER ct • EX. nRE HYDRANT/AUX. VAL\/( ® • EX. VALVE BOX e • EX. WATER lrolElER @ • EX. STORM Jr.IANHOLE (UH) @ • EX. SANITARY Jr.IAHHOL.£ (SMH ) 0 • EX . Ct.EANOUT (CO) • EX . 1:11.U .. ARD/POS1 ~ • EX. SIGN ~ ., EX. CONCRETE, Bl.DO< OR WOOO U RET.IJNtNG WAU./Pl.ANTER -•EX. ASPHALT D -EX. COH CRElE ~ • lln.£ EXCEPTION NOTE 0.00 • BOUNDARY DIMENSION 0.00 • LOT DIMENSION co.oo) • RECORD DIMENSION NW1.Y • NORTHWCSltRLY J 1 FOR AND ON BEHALF OF MANHARO CONSUL TING -a O!H i.,,. tij • rofio. L.·o~IU au1~i .cziu -·~ ... i" C _,iit ::::H·;i! .. fl)~j1 Vzh~ %~ill ~'.). ·iii.L~ 11 . !i!!;dif .\!r..hl B~a 10 Q <( a: 0 ..J 0 0 ui i:i 0 w J:: > ::::> ~ a: ::::> z <( (/) w a: w ~ <( ..J IL I-(/) 0 j::: w ~ ~ Q z z ID ~ I-::::> (/) 0 (/) w 0 D.. 31:: c (/) ,... 0 z 0 0 ~ U) ::: ..J w <( ..J CJ z w u.. 0 ~ u nicM.-.:~ --oc.:.JL__ J!l!L_ ~ ~ SHEET 2 OF 2 BBL.ENC001.00 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: General Obligation Bond Ballot Language {for August 15, 2016 the Safety Services Building 11aii replacement) Initiated By: Finance and Administrative Staff Source: Kathleen Rinkel, Director of Services Finance and Administrative Services PREVIOUS COUNCIL ACTION Replacing the Safety Services building was identified as a Council goal. During the Council Study session on June 27, 2016, a feasibility study and finance analysis was completed and presented to Council to validate the need for replacing the Safety Services Building . Council directed staff to move forward with the replacement effort. On July 5, 2016, Council approved a contract with Mile High Public Affairs to include development of public relations/communications plan, provide media consulting, and conduct voter surveys to determine community support of the City's efforts in developing a ballot issue and campaign for the Safety Services building replacement. The voter survey/polling was completed and presented to Council on August 1, 2016. Supported by extremely favorable polling results, Council directed staff to develop ballot language to place the General Obligation bond issue on the November 2016 ballot. RECOMMENDED ACTION Staff recommends Council approve, by motion, the General Obligation bond ballot language for the November 2016 election. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per State law, the voters must approve any additional taxation. To be able to collect property tax to pay for the principal and interest on General Obligations bonds issued, a ballot issue must be approved by the voters for the specific tax. The ballot language proposed is structured to meet TABOR requirements . This General Obligation bond proceeds will fund the new Safety Services building construction and associated safety services equipment needs. The debt requested is $27,000,000 and will be issued at, above or below Par based on investor appetite and City needs. The taxpayer cost is expected to be approximately $2.00 per month per $100,000 of property value. FINANCIAL IMPACT Cost of issuance of the Bonds, the Safety Services building construction and the associated Safety Services equipment will be paid from the Bond proceeds. The debt related costs (principal, interest and any other associated costs) will be covered with the dedicated property tax revenue stream approved by the voters. LIST OF ATTACHMENTS Bill for an Ordinance with Proposed Ballot language ORDINANCE NO. SERIES OF 2016 BY AlITHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION A BALLOT ISSUE AUTHORIZING TIIE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES OR PROPERTY. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question issue regarding the issuance of debt for the purpose of financing the construction of a new Police Department Headquarters Building including all necessary and appurtenant facilities or property; and WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever; and WHEREAS, City staff and the City Council agree that the existing Police Services Building is outdated and in need of replacement; and WHEREAS, replacing the current Police Station will enable the City to provide modern facilities for our Police to preserve records and DNA Evidence from Cold Case Files to meet National Certification Standards; and WHEREAS, replacing the current police station will enable the City to provide sufficient secured areas so victims who give their statements about a crime are not in close proximity to those arrested for committing the crime; and WHEREAS, replacing the current police station with a facility that allows for modern internet, modern computers, locker rooms and training equipment for up-to-date policing needs; and WHEREAS, providing Englewood Police additional tools, such as more holding cells that they need to more safely handle those arrested for suspected criminal activity and protect the public safety, and secured parking to protect officers and their families; and WHEREAS, the City's Financial Services Department, City Manager's Office, Police Department and the City's financial advisor have worked together to find the least expensive method to finance the construction of a new Englewood Police Headquarters Building; and 1 WHEREAS, the least expensive method of financing these improvements is by issuing general obligation debt; and WHEREAS, the issuance of this debt is included in the City's debt ceiling computation and will not, at any time, exceed three percent of the actual valuation of the taxable property within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Pursuant to the provisions of law the City of Englewood hereby submits for a vote of the registered electors of the City of Englewood at the General Election held on November 8, 2016 the following ballot issue: Ballot Issue SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47 .9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2.2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIM:S, POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: -PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS; -PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUf A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITrING THE CRIME; -REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET, MODERN COMPUTERS, LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS; AND -PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS, SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED P ARKJNG TO PROTECT OFFICERS AND THEIR FAMILIES; . AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUf PREMIUM, AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IS SUCH MANNER AND CONT AJNING SUCH TERMS, NOT INCONSISTENT WITH TIIIS BALLOT ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL ADV ALOREM 2 PROPER1Y TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES NO Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. If a majority of the votes cast on the ballot issues submitted at the election shall be in favor of the ballot issue, the City acting through the City Council shall be authorized to proceed with the necessary actions in accordance with the ballot issue which has been so approved. Section 5 . For purposes of Section 1-11-203.5, C.R.S ., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of August, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of August, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of August, 2016 for thirty (30) days. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 3 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 15th day of August, 2016. Loucrishia A. Ellis 4 ~E nyg lewood Response to Council Request and Some Frequently asked Questions o Planned Structure of Safety Service Building o Identification of Size and Cost (from JLL Feasibility Study) o Comparison to Public Work study from September 2014 o Site Selection and Options o Summary of Activity Plan for Safety Services Communications, Bond Issuance , and Construction o Funding Options Staff Addition : Informational -Spending/Reimbursement Option Resolution • No Risk opportunity for Earlier Start with Reimbursement from Bond Proceeds Page 1 ~ Envglewood Safety Services Building Proposed Structure The structure being proposed for the Construction of the Safety Services Building is in the form of a 'Design Build.' This structure has both the design and the construction combined in one Request for Proposal (RFP). The benefits include : • strong working relationship between the Architect and the General Contractor pre-exists • improved communications & collaboration • increased responsibility, one point of contact • higher quality of output • Value Engineering • better budget control • faster/turn-key delivery Potential drawbacks can be : • Less owner participation in design • design will not be available until after contract is offered • owner may want to hire a construction/project manager agent to assist in directing the Architect/contractor • possible reduced competition as not all companies can offer a design-build opportunity (although design-build is becoming more common and lack of competition is less of a factor) Based on our current staff availability and in-house expertise, we believe Design-Build to be the best option for the City. Page 2 ifi Envglewood Identification of Size and Cost (from JLL Feasibility Study) And comparison the Public Works Study I : ProJJosed ConceJJfual Cost (1Ve1v Construction) J ---P~.,s ConC*plu*l i=.cii "J 0 )2011 Hi ~ii:;il Co llll 1::,;..,.,..,.,.~· R..,..rcncin f:J>\'ty (; a l Ncrrtl!)l"1rn.Ju •loe Gentc Ctt aft.\mn LlkeA.rtnr CanrraJrli'J'Pah:"' Seim l !o<l""(K(I J .,,., '°" c: €ft fol • (l<.S:1 Che• 1 l·Us~<H"ubh:: SJloJt Foc.nr &ID'M'l>J<" •. IJs•C>:! ( ... rl €4' (l<:S) Q:'.l 201'.l C112ll 1:2 10 10 -- ll ,:U l Si'.! 1m E$.:;;i. ... '.;tJ t~,Jfi.S'fi)a.~~<I {:'1)..Sf E.st~SlSt.:-1 C'tV.t:.i'l'IA'l4flVi C~~ n.'.i $".l 1m S\1:l~ $92 sn4m lllOIE> (CS!$ 1ert>re1·.;.,., l(H tie roe t.meoin9 p Ll'j.~~1t1SI C <:>'l~u.llpt{'!J!OIIl eu~.t onp..-<\!_~11 FFSE (@.)J LL -- ---$'>XI -~J5G 1.20~31 $4(-1 55 SL!f $:);:,) 110~ $3flll OOSef $"l&l 1'.),()Slzl1 Comparison to Public Work study from September 2014 l'ull Y-Nloa•mtion e•ps:>dl>d •tar•g1'.1r•ln ir.g.~ h llklir>g coott111 . •· ,....,,..;rooMli....,; C*'!l,,.,...,1)'¢0 1ifllflJ~9 f'Oortilk Joi rl PU . FD. PALno;~~IF<J~i) 2''3<:/Wklintire (<t'.l!fOf $o!CIJ<E<P<~~ IJ<o(;l(.,S M'd ttJ 1J E<l »r·oom rr.,r"l' li.ndi:?ns .k!tn l PD mdP1h.r11cipo lF;:11:itt.·Ml1 5e"D.J re: pci ICC a:.reiO.!I . •:.tlTTTlJ TYq ~-DC.C, arol «tJrlc•r~ Bol ffif! IJfO<l"IS J:ui.PO 1Jrd FDfncUf 11dwng l~n;i '''"::"' klr FD .ro """' °"" ,..., re:i ·[)l'!Yffll'll'lt). i.'tdf)i.CiC•:xo'floJ•Ell'IOO l'O{lll1i ,•Jo'fl l.J1~tl;~ F D. FO. l..\JO>CJ!.1ill F~c.H, ~Eri'gtewood In a preliminary study from September, 2014 , our Public Works department estimated a need for a Safety Services building that included both Fire and Police to be 55,000 square feet. The police portion was estimated at 30,000 square feet, which included 25% increase in space. The 30,000 square feet did not include the off-site storage the police currently have at both the Fox annex and the Service Center. The current estimate of 55,000 square feet completed by JLL (see above) includes the storage that is housed outside of the current Safety Services building and is comparable to recently built safety services facilities for staff sizes similar to ours . 2014 Cost estimated at $22,454,000 are comparable to the 2017 proposed costs of $27,000,000 as construction costs have increased. While material prices have stayed relatively stable , a shortage of skill labor continue to put upward pressure on costs . Contractors are being selective about which projects they have resources to support. In addition, the 2014 Public Works estimate included only $1, 100,000 for site work. The $27,000,000 estimate includes $3,000,000-$5,000,000 in the event additional property development is required. Since a more accurate cost to construct the Safety Services building will not be known until after the design is complete, if a cost reimbursement ordinance has been approved by Council, bonds can be sold at the appropriate level at that time to support the better cost estimate (at less than the $27 ,000,000 , if costs are less). Page 3 ii En·glewood Site Selection and Options Site Selection Site selection will ultimately be determined with the design process. With a design-build process, this will not begin until an Architect is hired and the necessary site evaluations have been completed . This process is not anticipated to begin until funding is available through the sale of the bond or until an ordinance is passed to allow the City to pay for work and be reimbursed from bond proceeds when sold . Our preference is to use the existing Safety Services site, if possible. However, other options are available and will be included as part of a comprehensive evaluation. Vacation of S . Elati Street between W. Ithaca Avenue and W. Jefferson Avenue has been discussed to provide flexibility for the new Safety Services building or future site flexibility. This will also be included iri the comprehensive evaluation as options are evaluated . Page 4 ifi Enyglewood Safety Services Building Replacement Timeline of Activities as of 8/8/2016 Date 8/1/2016 8/2/2016 -8/15/2016 8/11 /2016 Activity Description Council Study Session : Survey/Polling Results presented to Council Public Relations Outreach Englewood Chamber of Commerce Leadership Business After Hours Neighborhood Watch Volunteers @ Police Station First Friday Coffee Town Hall #1 @Police Station Greater Englewood Chamber of Commerce Town Hall #2@ Pol ice Station Arapahoe Acres HOA Kent Village HOA Provide Council response to request Bond Activities Plan Plan for Police Station & Timing Pre-spend Ordinance Info Funding Options 8/16/2016 8/23/2016 ; 5pm-7pm 8/24/2016 ; 5:30pm-7pm 8/26/2016 ; ?am 8/31/2016; 10am-11am 9/7/2016; 8am 9/7/2016 ; 6pm-7pm TBD TBD 8/12/2016 Submit article for Englewood Newsletter Communication 8/15/2016 Council Meeting: GOB Tabor Ballot Issue Language for 1st Reading 8/18/2016-8/27/2016 Public Safety Community Newsletter -printed and distributed 9/5/2016 -9/9/2016 Finalize community meetings 9/6/2016 Council Meeting: GOB Tabor Ballot Issue Language for 2nd Reading 9/9/2016 Submit GOB Ballot language to County for ballot inclusion 9120 12016 Council Meeting : Resolution to allow pre-spend of Bond Issuance after Election , if successful , but before Bond is sold , to be reimbursed from Bond Proceeds Q4 2016 Release RFP for Design-Build of Safety Services bldg and for Underwriter , contingent on outcome of Election Q4 2016 Award RFP for Design-Build & for the Underwriter 11/8/2016 Election Prepare/Sell bond : Underwriter activities, 11/10/2016 -1/31/2016 Rating Agency Meetings , etc Q4 2016 thru 2018 Design/Build activities for Safety Services Building Could begin before bond proceeds available if reimbursement resolution approved Page 5 ifi Envglewood City of Englewood Financing Scenario Comparison Assumptions : Publicly offered financings are issued at par Level debt service I base rental payments Lease-Purchase Do Nothing Proposal (Omni Development) 1 Rating N/A Par Amount 25,000,000 Term 2 30 years City Expenses Capital TBD TBD Maintenance3 PFM 4 0 12 ,500 Mile High Public 15 ,000 15 ,000 Affairs Polling Fee 14 ,000 14 ,000 Rating Agency 0 0 Underwriting Fee 0 0 ManagemenUBank 0 TBD Fee 5 Maximum Annual Debt 0 1,300 ,000 6 Service Total Interest Expense 0 14,000,000 Total Repayment Cost 0 39,000,000 2 .15% for first 7 years; TIC 0 unknown interest rate thereafter -Does not require voter -City can only approval -Payments made from the maintain the building City 's General Fund us ing available -Will impact the City's General Fund financial condition and revenues may impact ratings -Anticipate major Considerations renovation or need -Subject to interest rate for new building in risk (refinance after 7 the next several years) -Greatest total interest years -Subject to interest expense rate risk for future -Ownership is presumed financing upon final payment but cannot be assured given current structure Page 6 Publicly Offered Certificates of Participation A3/A- 27,000 ,000 25 years TBD 13 ,500 15,000 14 ,000 -20,000 -90 ,000 0 1,483,043 10,022,079 37 ,022 ,079 2 .592% -Does not require voter approval -Payments made from the City's General Fund -Will impact the City's financial condition and may impact ratings Publicly Offered GO Bonds Aa3/AA- 27,000,000 20 years TBD 13 ,500 30,000 14,000 -20,000 -90,000 0 1,655 ,958 6 ,073 ,967 33,073 ,967 2.016% -Requires voter approval -Dedicated revenue source; no impact on City's General Fund -Lowest cost of funds ~ Envglewood Funding Options, Con't Financing Scenario Comparison Notes: 1 The numbers herein are from the unsolicited Proposal received by the City from Omni Development Group . The City nor PFM have independently verified their numbers and have not received any financing detail. The City has stated on the record that further consideration of a design-build option will require a RFP process that follows the City's policies and procedures. 2 The City would have the option to have a 20 or 25-year term for the COP or the Bond. While the longer term reduces the annual payment, a shorter term decreases the total interest paid . 3 With regards to the capital maintenance for the "Do Nothing" scenario, it should be presumed that the City will have to advance a significant amount of funds to address the building's most pressing needs (for example, replacing a leaky roof). In regards to the other three scenarios, the City should also reasonably expect that over time capital maintenance dollars will be expended to preserve the investment. 4 PFM is paid on a set fee per dollar amount of par, regardless of the financing mechanism . 5 It is presumed the spread between market rates and the quoted rate is the fee received by the lender. 6 This annual payment was quoted in the Proposal from Omni Development and described to extend over the 30-year term (per Omni Development presentation from July 26 , 2016). This payment is subject to interest rate risk as the outstanding par amount after 7 years will be refinanced at then-current rates . Page 7 .::!!!.=-S: PFl\1 --=-The PFM Group ~. F1n1tn e11'1 / & ln1t~tmnnt Ad'vlson ~Enyglewood Informational -Spending Structure Resolution We would like consideration for Council Direction To develop a Resolution that would allow expenditures related to the Construction of the new Safety Services Building to be reimbursed from the General Obligation Bond proceeds based on the following criteria: 1) Expenditure must be incurred after the GOB ballot issue at the November 8, 2016, general election is approved; and 2) Expenditure must be prior to GOB proceeds being received . Sample format attached Sample represents actual wording used for a Certificate of Participation (CoP) offering that would need to be customized for our General Obligation Bond offering Background: Reimbursing expenditures related to GOB issue is a common practice across entities that frequently issue GOBs . This practice allows entities to obtain Architectural and Construction resources before increase demand for these resources makes them scarce -increasing costs and timelines for construction. This also allows entities the ability to start construction to meet entity needs in an expeditious manner without risk to their current operations budgets. Opportunity We would like consideration of this opportunity for the City . If amenable, we will bring tailored resolution to Council on 9/20/2016 for review/approval. Page 8 ' ~ Efiglewood SAMPLE SPENDING STRUCTURE RESOLUTION RESOLUTION A RESOLUTION OF THE GOVERNING BODY OF---------- -----------------·' COLORADO, DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF THE ISSUANCE OF MUNICIPAL BONDS FOR CERTAIN CAPITAL EXPENDITURES UNDERTAKEN OR TO BE UNDERTAKEN BY THE LOCAL GOVERNMENT; IDENTIFYING SAID CAPITAL EXPENDITURES; AND PROVIDING CERTAIN OTHER MATIERS IN CONNECTION THEREWITH . WHEREAS, ________________ (the "local Government"), in the State of Colorado (the "State"), is political subdivision duly organized and existing pursuant to the constitution and laws of the State; and WHEREAS, the Governing Body of the local Government (the "Governing Body") is the governing body of the local Government; and WHEREAS, the Governing Body has determined that it is in the best interest of the local Government to make certain capital expenditures relating to the acquisition, construction and improvement of -----------------------(collectively, the "Project"); and WHEREAS, the Governing Body currently intends and reasonably expects to participate in a tax-exempt financing, including an amount which is currently estimated not to exceed$ (the "Advanced Amount"), to reimburse the local Government for the portion of such capital expenditures incurred or to be incurred subsequent to a period commencing 60 days prior to the date hereof, and ending prior to the later of 18 months of the date of such capital expenditures or the placing in service of the Project (but in no event more than 3 years after the date of the original expenditure of such moneys); and WHEREAS, the Governing Body hereby desires to declare its official intent, pursuant to 26 C.F.R. § 1.150- 2, to reimburse the Local Government for such capital expenditures with the proceeds of the local Government's municipal bond financing. Page 9 ., iJ ErYglewood SAMPLE SPENDING STRUCTURE RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LOCAL ~-------------------__,COLORADO : Section 1. Declaration of Official Intent. The Local Government shall, presently intends, and reasonably expects to finance a portion of the Project with legally available funds. Section 2. Dates of Capital Expenditures . All of the capital expenditures covered by this Resolution were or will be made on and after the date which is 60 days prior to the effective date of this Resolution . Section 3 . Issuance of Certificates of Participation . The Local Government presently intends and reasonably expects to participate in a municipal bond financing within 18 months of the date of the expenditure of moneys on the Project or the date upon which the Project is placed in service, whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys), and to allocate from said financing an amount not to exceed the Advanced Amount to reimburse the Local Government for its expenditures in connection with the Project . Section 4. Confirmation of Prior Acts. All prior acts and doings of the officials, agents and employees of the Local Government which are in conformity with the purpose and intent of this Resolution, and in furtherance of the Project, shall be and the same hereby are in all respects ratified, approved and confirmed. Section 5 . Effective Date of Resolution . Th is Resolution shall take effect i mmediately upon its passage. PASSED AND ADOPTED at a regular meeting this __ day of _____ ~ 2016. [SEAL] By: _____________ ~ President, Mayor or Chairperson Attest: By : ___________ ~ Secretary or Clerk of Local Government Page 10 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: August 15, 2016 11ci PSA with C-West Code Consultants Initiated By: Staff Source: Community Development/Building Lance Smith, Chief Building Official Division PREVIOUS COUNCIL ACTION C-West will provide to the City code compliant plan review and inspection services on an as requested basis. The services will apply the City's adopted codes, amendments and ordinances when conducting plan reviews, thereby expediting the plan review process for citizens and businesses . RECOMMENDED ACTION Staff recommends approval by motion of the Professional Services Agreement in order to provide plan review services in a timely manner. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The PSA was offered to 2 consulting firms for pricing, C-West was 8 to 15% lower for the same level of service . FINANCIAL IMPACT The fees associated for this service are not to exceed $130 ,000, and are included in the 2016 budget. LIST OF ATTACHMENTS Professional Service Agreement for C-West Code Consultants LLC Schedule A from Safebuilt Schedule A from C-West • • 1. 2. 3. 4. GENERAL SCHEDULE A OUTLINE OF STATEMENT OF WORK (Provide the requested below information) Professional Services Agreement (the "Agreement'') is made as of this __ day of _____ , 20_, (the "Effective Date") by and between C-West Code Consultants, Inc., a Colorado corporation ("Consultant"), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado ("City''). NAMES OF PROJECT COORDINATORS Gary Nickerson, President ICC/RA SUMMARY OF PURPOSE FOR STATEMENT OF WORK Consultant will provide code compliant plan review and inspection services on an as requested basis using qualified professionals. Services will be provided per the City's adopted codes, nmG ;.;drnent and ordinances. Consultant is not obligated to perform servil.H6 :...c'yv nJ wha t is contemplated by the Agreement. Any changes or additions to the scope of work shall be done only in writing and shall specifically state the additional fees, if any, for such changes. Consultant is under no obligation to perform and will not perform any inspection services relating to site infrastructure including roads, parking lots, landscaping, drainage or other matters not included as building code issues. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) ../ All fees will be collected by the City ../ City shall provide Consultant a list of requested inspections and supporting documents 5. OTHER CONSULTANT RESOURCES As needed per project requirements. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES 7. 8. Written reports of code deficiencies, Includes Architectural/Accessibility, Mechanical, Plumbing, Electrical, and Structural. Reviews at schematic, design development, and permit as requested. Building Department and design team meetings as needed. Resolution of deficiencies and verification of permit documents. Two to three week turn around on most projects. SPECIAL TERMS, IF ANY MODE OF PAYMENT Check within 30 days. PAYMENT SCHEDULE 11 City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Residential Plan Review Inspections-On Call/As Needed Commercial Project Support (Plan Review and Inspections) 65-75% of City Plan Review Fee Minimum Charge $350 75% up to $10 million 70% for $10.1 million up to $15 million 65% for $15.1 million up to $30 million Ne otiated above $30 million 75% of City Plan Review Fee $ 115.00 an hour for Building Inspector $ 115.00 an hour for Combo Inspector $ 115.00 an hour for Roofing Inspector billed in Y2 hour increments NA% of Plan Review Fee (Included in Fee) NA % of Building/Trade Permit Fees (hourly as needed Structural Engineering Plan Review $ 120.00 an hour -prior approval from both Parties after (Structural reviews are included in a not to exceed estimate is given to Englewood Building lah review fees. · Official Review of Changes to Approved $ 120.00 an hour -billed in 1/2 hour increments Plans $ 115.00 an hour -billed in 1/2 hour increments Re-Ins ection Services $ 115.00 an hour -billed in 1 /2 hour increments Time tracked will not include travel time. Consultant time starts when we arrive on-site. 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Consultant will provide services as requested by the City in accordance with the time frames and deliverables listed below: INSPECTION SERVICES PLAN REVIEW TURNAROUND TIMES REPORTING SERVICES Perform inspections called in by 4:00 pm the next business day Provide comments within the followin timeframes: Project Type: Single-family within Multi-family within Small commercial within Lar e commercial within First Comments 7 business days 10 business days 1 O business days 15 business da s Second Comments 5 business days or less 10 business days or less 1 O business days or less 10 business da s or less 11. ACCEPTANCE AND TESTING PROCEDURES 12. Not applicable LOCATION OF WORK FACILITIES 355 S Teller Street, Suite 200 Lakewood, CO 80226 12 • • • • IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 20_, the parties have executed this Statement of Work as of this day of , 20_. CITY OF ENGLEWOOD, COLORADO By: _____________ _ (Signature) (Print Name) Date: _____________ _ By : _____________ ~ (Signature) Garv J Nickerson (Print Name) • Title: ---""'"P""'"r-=-es=i=de=n""'t ________ _ Date: _____________ _ • 13 SCHEDULE A OUTLINE OF STATEMENT OF WORK (Provide the requested below information) 1. GENERAL Professional Services Agreement (the "Agreement") is made as of this __ day of _____ , 20_, (the "Effective Date") by and between SAFEbuilt Colorado, LLC, a Colorado corporation ("Consultant"), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado ("City''). 2. NAMES OF PROJECT COORDINATORS Matt Denney, Team Lead I Building Inspector Phone: 303-518-9760 Email: mdenney@safebuilt.com Eric Pendley, SAFEbuilt Colorado Operations Manager Phone: 970-977-6270 Ern e.:;.; ependley@s afeb uilt.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK • Consultant will provide code compliant plan review and inspection services on an as requested • basis using qualified professionals. Services will be provided per the City's adopted codes, amendment and ordinances. Consultant is not obligated to perform services beyond what is contemplated by the Agreement. Any changes or additions to the scope of work shall be done only in writing and shall specifically state the additional fees, if any, for such changes. Consultant is under no obligation to perform and will not perform any inspection services relating to site infrastructure including roads, parking lots, landscaping, drainage or other matters not included as building code issues . 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) ./ All fees will be collected by the City ./ City shall provide Consultant a list of requested inspections and supporting documents 5. OTHER CONSULTANT RESOURCES A partnership with SAFEbuilt allows the City of Englewood to gain instant access to a deep pool of registered, experienced, and customer-focused inspectors and plans examiners. Our staff consists of a team of tried and true industry professionals who provide communities with consistent and responsive customer service every day. They approach their work with pride and professionalism, seeking to get the job done the right way, day in and day out. We will serve Englewood from two office locations (Denver and Northglenn) where our qualified group of plans examiners, building inspectors, building official(s), and support staff stand by to provide the community of Englewood with the service. We will commit to specific • performance metrics in our agreement and guarantee to deliver on them each and every time . 11 • 6. • 7. • Furthermore, a contract with SAFEbuilt means that Englewood will no longer need to dedicate as much time or resources to the stresses that often come with hiring, turnover, and staffing to manage Building Department seasonal fluctuations, salary/benefits, training, etc. SAFEbuilt has resources available and will manage any staffing issues for contracted services behind the scenes. In other words, the City of Englewood will be backed by our entire Colorado Operations team. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Building, Plumbing, Mechanical and Electrical Inspection Services Our inspection staff recognize that an educational, informative approach is the most effective way to improve the customer's experience . ./ Perform consistent code compliant inspections to determine that construction complies with approved plans and/or applicable codes and ordinances ./ Enter results of inspections into permitting system ./ Meet or exceed agreed upon performance metrics regarding inspections ./ Provide onsite inspection consultations to citizens and contractors while performing inspections ./ Identify and document any areas of non-compliance and suggest alternate means ./ Leave a copy of the inspection ticket ./ Discuss inspection results with site personnel Professional · P!an Review Services ./ Provide plan review services electronically or in the traditional paper format ./ Review all plans, ensuring they meet adopted building codes and local amendments and/or ordinances ./ Be a resource to applicants on submittal requirements and be available throughout the process ./ Work with other departments on the concurrent review process ./ Be a resource for team members and provide support to field inspectors as questions arise in the field ./ Determine type of construction, use, and occupancy classification and determine plans comply with applicable codes and ordinances using certified plans examiner ./ Coordinate plan review tracking, reporting, and interaction with applicable departments ./ Provide feedback to keep plan review process on schedule ./ Interpret legal requirements and recommend compliance procedures as well as address any issues by documented comment and correction notices ./ Return a set of finalized plans and all supporting documentation ./ Provide ongoing support including review of all plans/plan revisions and be available to the applicant after the review is complete SPECIAL TERMS, IFANY INVOICE & PAYMENT STRUCTURE Consultant will invoice the Municipality on a monthly basis and provide all supporting documentation. All payments are due to Consultant within 30 days of invoice date. The Municipality may request additional information before approving the invoice. When additional information is requested the Municipality will identify specific disputed item(s) and give specific reasons for any request. If additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute . 12 8. MODE OF PAYMENT Consultant's payment preference is ACH Deposit. We will provide banking institutions account • and routing numbers. Consultant will also accept payment by check. For additional information contact Mike Garcia at mgarcia@safebuilt.com . 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant that the Deliverables-Milestones have been satisfied . Commercial Plan Review 70% of Ci Plan Review Fee Residential Plan Review 60% of City Plan Review Fee Overflow as needed Inspections -On Call/As Needed $75 an hour for Building Inspector $85 an hour for Combo Inspector $55 an hour for Roofing Inspector billed in one hour increments Commercial Project Support 70% of Plan Review Fee Plan Review and Ins actions 70% of Buildin /Trade Permit Fees 1 ·St ructural Engineering Plan Review $t50 an hour -prior approval from both Parties after a not to exceed estimate is given to En lewood Buildin Official $100.00 an hour -billed in one hour increments ections $100.00 an hour -billed in one hour increments • $50 per violation -prior approval from En lewood Buildin Official before this ocurrs Time tracked will not include travel time. Consultant time starts when we check in at the City Buildin De artment to receive ins actions 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Consultant will provide services as requested by the City in accordance with the time frames and deliverables listed below: INSPECTION SERVICES PLAN REVIEW TURNAROUND TIMES REPORTING SERVICES Perform inspections called in by 4:00 pm the next business day Provide comments within the followin timeframes: Project Type: ./ Single-family within ./ Multi-family within ./ Small commercial within (under $2M in valuation) First Comments 5 business days 1 O business days 1 O business days Second Comments 3 business days or less 5 business days or less 5 business days or less ./ Lar e commercial within 15 business da s 10 business da s or less We will work to develop a reporting schedule and format that meets your needs. We can provide monthly, quarterly, and annual reports summarizing activity levels; adherence to our performance metrics; and other items that are of special interest to you. Inspection results will be emailed daily to En lewood 13 • • • • 11. ACCEPTANCE AND TESTING PROCEDURES No applicable 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at two (2) regular offices located in Northglenn, Colorado. Denver Office: Northglenn Office: 11684 North Huron Street, Suite 1048 11701 Community Center Drive Northglenn, CO 80234 Northglenn, CO 80233 City will provide the Consultant office space and support as it agrees may be appropriate, at its ______ facility. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 20_, the parties have executed this Statement of Work as of this day of , 20_. CITY OF ENGLEWOOD, COLORADO By : _____________ _ (Signatu re) (Print Name) Date: ____________ _ SAFEbuilt COLORADO, LLC By: _____________ _ (S ignature) (Print Name) Title: ------------- Date: ____________ _ 14 • • • PROFESSIONAL SERVICES AGREEMENT Contra ct Number PSA/16-28 {not to exceed $130 ,000) This Professional Services Agreement (t he "Agreement") is made as of this 21 s! day of June , 2016 , (the "Effective Date ") by and between C-West Code Consultants , Inc., a Colorado corporation ("Consultant "), and The City of Englewood , Colorado, a municipal corporation organ ized under the laws of the State of Colorado ("City "). Ci ty desires that Consultant, from time to time , provide certain consulting services , systems integration services , data conversion services, tra ining services , and/or related services as described herein , and Consultant desires to perform such services on behalf of City on the te rms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged, the parties hereto , intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: {a) "Intellectual Property Rights" shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe , including but not limited to copyrights , moral rights , and mask- works , (2) trademark and trade name rights and similar rights , (3) trade secret rights, (4) patents , designs , algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature thro ughout the universe and however designated) (including logos , "rental " rights and rights to remuneration), whether arising by ope ration of law, contract , license , or otherwise , and (6) all registra ti ons , initial applications , renewals , extensions, continuations , divisions or reissues hereof now or hereafter in force (includ ing any rights in any of the foregoing). (b) "Work Product" shall mean all patents, patent applications, inventions , designs, mask works , processes , methodologies , copyrights and copyrightable works , trade secrets including · confidential information, data, designs, manuals, training materials and documentation , formulas , knowledge of manufacturing processes , methods , prices , financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant , pursuant to the provision of the Services . 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein , Consultant agrees to provide , on an as requested basis, the consulting services , systems integration services , data conversion services, training services, and related services (the "Services") as further described in Schedu le A (t he "Statement of Work ") for City, and in such addi ti onal Statements of Work as may be executed by each of the parties hereto from 1000 Eng lewood Parkway. Eng lewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Ag reement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any , set forth in the Statement of Work , and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure . Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict , Consultant shall secure written instructions from City's project director before proceeding with the performance of the Services affected by such omissions or discrepancies . 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work . If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation . No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege , any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith , resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City , provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 • • • • • • 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate wi t h reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance wi t h this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other custome r of Consultant are not impacted adversely . 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in th is Section 8. (a) Convenience. City may , without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination . Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work , and all completed tasks will be charged as ind icated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Wo rk (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party . (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian , or liquidator for its business or all or substantially all of its assets ; (3) files, or consents to or acquiesces in , a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation with in the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31 . Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds , this Agreement shall be deemed terminated. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. C ity Ob!i gati o n s. City will pro vide timely access to City personnel, sys tems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant 's employees performing its obl igations hereunder at City's premises, wi t hout charge , a reasonable wo rk environment in compliance with all applicable laws and regulations, including office space , furniture, telephone service , and reproduction, compu ter, facsimile , secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City , City shall , at no expense to Consultant , obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents , licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant's staff is, or shall be deemed to be employed by City. Ci ty is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method , manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant's staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant's work must be performed on or with City's computers or City's existing software , all materials used in providing the Services shall be provided by Consultant. 11. Confident ial I nfo rmation . (a) Obligat ions. Each party hereto may rece ive from the ot her party information which relates to the other party 's business, research, development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in t he Colorado Open Records Act , CRS Section 24-72-101 et. seq ., each party shall pro tect all Confidentia l Information of the ot her party with the same degree of care as it uses to avoid unaut horized use, disclosure , publication or dissemination of its own confidential information of a similar nature, but in no even t less than a reasonable degree of care . Without limiting the generality of the foregoing , each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services . Each party shall insure that their employees , agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11 . Further, each party agrees not to alter or remove any identification , copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party . A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession , use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing , nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation ; (2) subsequently becomes publicly available through no fault of 1000 Englewood Parkway , Englewood , Colorado 801 10-2373 (303) 762 -2300 www.englewoodgov .org 4 • • • • • • that party; (3) is subsequently furnished rightfully to that party by a third party without restric t ions on use or disclosure ; or (4) is requ ired to be disclosed by law , provided tha t the disclosing party will exercise reasonable efforts to notify the other party prior to d isclos ure . (b ) Know -Ho w . For the avo idance of doubt neither City nor Consultant shall be preven ted from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature . (c) Remedies. Each of the parties hereto agree that if any of them, their officers , employees or anyone obtaining access to the Confidential Information of the other party by , through or under them , breaches any provision of this Section 11 , the non-breaching party shall be entitled to an accounting and repayment of all profits , compensation , comm 1ss1ons , remunerations and benefits which the breaching party , its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach . In addition to , and not in limitation of the foregoing , in the event of any breach of this Section 11 , the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party , its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11 . The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason . 1 2. P roject Ma nage rs. Each party shall designate one of its employees to be its Project Manager under each Sta tement of Work , who shall act for that party on all matters under the Statement of Work . Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each St atement of Work shall meet as often as either one requests to rev iew the status of the Statement of Work. 13. Warr a nties. (a) A uthority. Consultant represents and warrants t hat: ( 1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Ag reement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation ; (3) when executed and delivered by Consultant , th is Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms ; and (4) Consultant acknowledges that City makes no representations , warranties or agreements related to the subject matter hereof that are not expressly prov ided for in this Agreement (b) Service Warra nty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge , and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Pe rsonnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work . During the cou rse of performance of Services , City may , for any or no reason , request replacement of an employee or a proposed 1000 Eng lewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org s employee . In such event, Consultant shall, within five (5) working days of receipt of such request from City , provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services . Consultant shall require employees providing Services at a City location to comply wi t h applicab le Ci ty security and safety regulat ions and policies . (d) Compensation and Benefits. Consultant shall provide for and pay the compensat ion of employees and shall pay all taxes, contributions , and benefits (such as, but not limited to, workers ' compensation benefits) which an employer is required to pay relating to the employment of employees. Ci ty shall not be liable to Consultant or to any employee for Consultant's failure to perform its compensation, benefit , or tax obligations. Consultant shall indemnify , defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City , its directors, officers , employees , and agents and the heirs , executors , successo rs, and permitted assigns of any of the foregoing (the "City lndemnitees") from and against all losses , claims , obligations , demands, assessments , fines and penalties (whether civil or criminal), liabilities , expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property , and other damages , of any kind or nature , suffered or incurred by a City lndemnitee directly or indirectly arising from or related to : (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant's obligations under this Agreement , or (2) any material breach in a representation , warranty , covenant or obligation of Consultant contained in this Agreement. (b) Inf ringement. Consultant will indemnify, defend, and hold City harmless from all lndemnifiable Losses arising from any thi rd party claims tha t any Work Product or methodology supplied by Consu ltan t infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on : (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement , no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the cla im, suit or proceeding of any matters in respect of wh ich the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided , however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys , all at such party 's cost and expense ; provided further , however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification . 1000 Englewood Parkway , Englewood , Colorado 80110 -2373 (303) 762-2300 www.englewoodgov .org 6 • • • • • • (d) Immunity. City , its officers , and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities , and protections provided by the Colorado Governmental Immunity Act, C .R.S . 24-10-101 et seq ., as from time to time amended , or otherwise available to City , its officers, or its employees . 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers' Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers' Compensation claims arising from performance of the work under this contract. Workers' Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers' Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than two million dollars ($2 ,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and om1ss1ons arising out of Consultant's operations or Services in an amount not less than one million dollars ($1 ,000,000) per occurrence . (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel , acting alone or with others, in an amount not less than one million dollars ($1,000 ,000) per occurrence . (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing , permitted to do business in the country , state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days' notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive , irrevocable, perpetual, worldwide , fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein , each party and its respective personnel and consultants shall be free to use and employ its and their general 1000 Eng lewood Parkway, Eng lewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City's business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work . 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant's consent, may request Consultant to undertake additional work with respect to such Statement of Work . In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that , with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303} 762-2300 www.englewoodgov .org 8 • • • • • • 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to th is Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation . The recitals set forth on the first page of this Agreement are incorporated into the body of th is Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any t ime to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time ; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28 . Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented , restricted , delayed or interfered with by reason of labor disputes , strikes, acts of God, floods , lightning , severe weather , shortages of materials , rationing, utility or commun ications failures , earthquakes , war, revolut ion , civil commotion , acts of public enemies , blockade, embargo or any law , order, proclamation, regulation , ordinance, demand or requirement having legal effect of any governmental or judic ial authority or representative of any such government, or any other act whether similar or diss imilar to those referred to in this clause , which are beyond the reasonable control of Consultant , then Consultant shall be excused from such performance to the extent of such prevention , restriction , delay or interference. If the period of such delay exceeds thirty (30) days , City may , without liability , terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses , permits or certificates that may be required by any federal , state or local statute , ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City , Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting , or regulatory requirements beyond the reasonable control of Consultant , all media releases , public announcements , or public disclosures (including , but not lim ited to , promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name , trade mark, or symbol of City , shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name , trade mark, or symbol of City on a list of Consultant's customers without City 's express wr itten consent. 32 . Nonexclusive Market and Purchase Rights . It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services . Consultant agrees that acquisitions by City pursuant to 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions . Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments . 33. Survival. The provisions of Secti ons 5, 8(g), 10, 11 , 13 , 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring o ·f Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract . [CRS 8- 17 .5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program , as defined in C.R.S. 8- 17.5-101 (3 .3) and 8-17.5-101 (3 .7), respectively, in order to confirm the employment elig ibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed . (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; ( 1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice requi red pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien . (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S . 8-17 .5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in whole or in part, due to Consultant's breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102 . Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34 . 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www englewoodgov .org 10 • • • • • • IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original , but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: -~-=--~-Q~.4_--= _____ Date:_-,_f ZP_U_'-- (Department Director) By: -~-"----"-·~.__.__.Hl~_Date:)J; 1 ... 0, }( (City manager) ~ By: (Mayor) ATTEST: City Clerk Date: C-West Code Consultant's Inc. (Consultant Name) Address Garv J Nickerson (Print Name) Title: Presiden t 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org i1 Date: _ __.7_,_/-1-f q_._,/~?-=-u..._l §.__· ___ _ F I STATE OF Co\ Mc-Jo ) \ r r ) SS . COUNTY OF dvWrSa"-) On this I q day of J ..... \ .'.:) , 2016 , before me personally appeared Gc.rb j . N ,c._\l.e" r ;<Jr-. , known to me to be the 'fire s 1 J..('. "-\-of · C .-1,'10 \ C0 J.z (Qo s..1.k~!s l"c.. , the corporation that executed the within and foregoing instrument, and acknowledged the said instrumen t to be the free and voluntary act and deed of said corporation for the uses and purposes therein me,ntionec;l, a.cid on oath stated that he was author.iz~d to execute said instrument. ·; · • • •. · . • . • . . ""; t J , IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My commission expires : 0-Z/oc ho;Cf I I KEVIN PARLAPIANO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154007498 MY COMMISSION EXPIRES MARCH 00, 2019 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 • • • •• SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL City of Englewood and C-West Code Consultants , Inc. PSA/16-28 Dated June 21 , 2016 2 . NAMES OF PROJECT COORDINATORS Lance Smith, City of Englewood, Chief Building Official Gary Nickerson, President, ICC/RA 3. Consultant will provide code compliant plan review and inspection services on an as requested basis using qualified professionals. Services will be provided per the City's adopted codes , amendment and ordinances. Consultant is not obligated to perform services beyond what is contemplated by the Agreement. Any changes or additions to the scope of work shall be done only in writing and shall specifically state the additional fees, if any, for such changes. Consultant is under no obligation to perform and will not perform any inspection services relating to site infrastructure including roads , parking lots, landscaping, drainage or other matters not included as building code issues. • 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) • ./ All fees will be collected by the City ./ City shall provide Consultant a list of requested inspections and supporting documents 5 . OTHER CONSULTANT RESOURCES As needed per project requirements. 6 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Written reports of code deficiencies , Includes Architectural/Accessibility , Mechanical , Plumbing , Electrical, and Structural. Reviews at schematic, design development, and permit as requested . Building Department and design team meetings as needed. Resolution of deficiencies and verification of permit documents. Two to three week turn around on most projects. 7. SPECIAL TERMS , IF ANY 8 . MODE OF PAYMENT Check within 30 days. 9 . PAYMENT SCHEDULE 1000 Englewood Parkway , Englewood Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 City will pay Consultant for the work in accordance with the following payment schedule . All • payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Service or Fee Type Commercial Plan Review 65-75% o·f City Plan Review Fee Minimum Charge $350 75% up to $10 million 70% for $10 .1 million up to $15 million 65% for $15 .1 million up to $30 million NeQotiated above $30 million Residential Plan Review 75% of City Plan Review Fee Inspections -On Call/As Needed $ 115.00 an hour for Building Inspector $ 115.00 an hour for Combo Inspector $ 115.00 an hour for Roofing Inspector (billed in Yi hour increments) Commercial Project Support NA % of Plan Review Fee (Included in Fee) (Plan Review and Inspections) NA % of Buildingff rade Permit Fees (hourly as needed) Structural Engineering Plan Review $ 120.00 an hour -prior approval from both Parties after (Structural reviews are included in a not to exceed estimate is given to Englewood Building plan review fees.) Official Review of Changes to Approved $ 120.00 an hour -billed in 1/2 hour increments Plans After Hours/Emergency Inspections $ 115.00 an hour -billed in 1 /2 hour increments Re-Inspection Services $ 115.00 an hour -billed in 1 /2 hour increments Time tracked will not include travel time . Consultant time starts when we arrive on-site . 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Consultant will provide services as requested by the City in accordance with the time frames and deliverables listed below: Deliverables INSPECTION Perform inspections called in by 4:00 pm the next business day SERVICES PLAN REVIEW Provide comments within the following timeframes : TURNAROUND Project Type : First Comments Second Comments TIMES Single-family within 7 business days 5 business days or less Multi-family within 10 business days 10 business days or less Small commercial within 10 business days 10 business days or less Larqe commercial within 15 business days 10 business days or less REPORTING SERVICES 11. ACCEPTANCE AND TESTING PROCEDURES 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 • • • • • 12. Not applicable LOCATION OF WORK FACILITIES 355 S Teller Street, Suite 200 Lakewood. CO 80226 IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 2016, the parties have executed this Statement of Work as of this day of , 2016. CITY OF ENGLEWOOD, COLORADO By : 5?~-z_ (Signature ) Brad Power (Print Name) Title : Director of Community Development Date: I ( .ZC-1 '"° Gary J Nickerson (Print Name) Title: ----=P~r'-=e=s=id'-i'e;.:..:n-=-t ______ _ Date: __ .. _z {_t__.._q ....... \ __ ~it?..___ __ _ 1000 Eng lewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 w.vw.englewoodgov .org 15 • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: August 15, 2016 11cii Northwest Greenbelt Trail Connection Initiated By: Staff Source: Parks, Recreation and Library Dave Lee, Open Space Manager PREVIOUS COUNCIL ACTION Council has approved resolutions for all previously submitted grant applications. There has been no previous Council action on this trail grant. RECOMMENDED ACTION Staff recommends that Council approve a Resolution authorizing the City of Englewood's Arapahoe County Open Space grant application for Northwest Greenbelt Trail Connection Project. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing trail runs the entire length of Northwest Greenbelt and is comprised of an eight foot wide half mile long asphalt trail that is in need of replacement due to the • condition and age of the asphalt. • A new ten foot wide half mile long concrete trail is being proposed to connect Colorado Heights College to the Mary Carter Greenway Trail along the Platte River. The Englewood Parks and Recreation Commission has identified the trail replacement as a priority and a vital east-west connection to the Mary Carter Greenway Trail. FINANCIAL IMPACT Englewood's grant application will request $250,000 in grant funds with a required cash match of $91,500 from Arapahoe County Open Space Shareback Funds. LIST OF ATTACHMENTS Grant Resolution • RESOLUTION NO. • • SERIES OF 2016 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD'S ARAPAHOE COUNTY OPEN SPACE GRANT APPLICATION FOR NORTHWEST GREENBELT TRAIL CONNECTION PROJECT. WHEREAS, in 2003 Arapahoe County voters approved a ten (10) year, quarter-of-a-penny sales and use tax to pay for preservation of open space, protect lands, preserve water quality and provide, maintain and improve neighborhood parks, sports fields, picnic facilities and trails; and WHEREAS, in 2005 Arapahoe County set aside a portion of the revenues to fund competitive grant projects; and WHEREAS, each year, the City of Englewood is eligible to apply for up to three (3) grants; and WHEREAS, the existing Northwest Greenbelt Trail at 2222 West Vassar Avenue runs the length of the entire Greenbelt; and WHEREAS, this Northwest Greenbelt Trail Connection Project will replace one-half mile of the existing asphalt trail and provide a new 10 foot wide, one-half mile long concrete Trail connection to the Mary Carter Greenway Trail along the South Platte River; and WHEREAS, the Englewood Parks and Recreation Commission has identified the Trail replacement at the Northwest Greenbelt as a priority; and WHEREAS, there are no federal funds being used for the Northwest Greenbelt Trail replacement project; and WHEREAS, Englewood's Arapahoe County Open Space grant application will request $250,000 in grant funds with a required City cash match of $91,500. Englewood shareback funds have been budgeted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby authorizes the application for an Arapahoe County Open Space Grant for one-half mile long Trail replacement at the Northwest Greenbelt, attached hereto as Exhibit A. ADOPTED AND APPROVED this 15th day of August, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 1 I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • Northwest Greenbelt Trail Connection Proposal The Northwest Greenbelt Trail Connection offers safe access to community amenities, the South Platte River Trail and local parks and playgrounds. Grant Proposal to Arapahoe County Open Spaces Trail Improvement Project 2016 Trails Grant • • • • • • 2016 Arapahoe County Open Space Grant Application for Trails Grants Part A -Application Summary Form Applicant Information Name: City of Englewood Address: 1155 West Oxford Avenue, Englewood, CO 80110 Primary Contact: Mr. Dave Lee I Title: Open Space Manager Telephone: 303-762-2687 Email: dlee@englewoodgov.org Primary Partner Information (Additional partners should be discussed in Part F: Project Details, Question B of the application.) Name: Address: Contact: I Title: Telephone: Email: . 'l't' <> • 1 Partr.er Respnns1b1.1.!-.S. Project Information Grant Category: Trails Grant Project Type: Trail Improvement Project Title: Northwest Greenbelt Trail Connection Project Address: 2640 Raritan Circle, Englewood, CO City or Unincorporated Arapahoe County: Englewood GPS Coordinates (long/lat in decimal degrees): 39 40'06.54"N; 105 00'25.22"W Grant Request: $250,000 Cash Match Total: $91,500 I Percentage of Total Project: 27% Total Project Amount: $341,500 Executive Summary ---' The proposed trail improvement project includes construction of a new 10-foot wide .5 mile concrete trail to replace a 20+ year dilapidated asphalt trail. The new trail will provide a vital contiguous trail to and from the South Platte River Trail via east/west connections to Denver's West Harvard Gulch Trail. The existing trail does not meet current trail standards and needs to be improved for user safety, accessibility and increased regional trail connectivity. The trail provides local and regional recreational, transportational, and fitness benefiting visitors and residents. Located in an urban environment including residential and industrial communities, the trail and adjacent green space provides an urban oasis for all trail users. Significantly, this trail provides a northwest connection from the South Platte River Trail expanding trail access and opportunities as well as funneling users to local and regional outdoor amenities . This trail improvement project is ready to begin; matching funds including contingency funds are secured. 1 Part B -Minimum Qualification and Eligibility Form Certify the below minimum qualifications and eligibility criteria: Applicant Name: City of Englewood Application Category and Type : Trails Grant; Trail Improvements Project Name: Northwest Greenbelt Trail Connection Project Briefly answer the following qualification questions: 1. Is applicant in good standing with Arapahoe County Open Space? Discuss past performance (past five years); discuss all on-going Arapahoe County Open Space Grants, and the number and types of grants for which your agency is applying in this cycle . The applicant is in good standing with the Arapahoe County Open Space Department. For the past five years, the applicant has provided the required progress and final reporting documents per the gm.g t ;;igte ement according to the time.sch ed1 1.le . The applicant has four open projects with Arapahoe County including: River Run; Park Identification - Phase II; Gateway Enhancement Project, and, Rotolo Playground. The projects are on track for being completed within the designated time frame and proposed budgets approved. There are no outstanding funds or required documentation specific to Arapahoe County Open Space Grants. The applicant will be submitting 1 Trails Grant proposal this cycle. 2. Discuss project alignment with the Arapahoe County Open Space Master Plan; local adopted Master Plan; OR other approved planning documents. The proposed project aligns with the Arapahoe County Open Space Master Plan (June 2010) elements listed below: The vision for the Program is summarized as: Healthy Lands, Healthy Communities, Healthy People. In order to meet the demands that accompany increased population and the consumption of land for the built environment, this Open Space Plan recommends the County take proactive steps to conserve and protect vital open space resources-defined as "green infrastructure" - that will ensure an adequate supply of natural landscapes, parks and trails to meet future needs, shape new development patterns and define a quality living environment for future generations. The focus for the western third of the County is placed on "closing gaps" in the existing open space, parks and trails system to meet current and future needs of residents. 2 • • • • • • The proposed project aligns with the Arapahoe County Open Space Master Plan (June 2010) elements listed below: The vision for the Program is summarized as: Healthy Lands, Healthy Communities, Healthy People. In order to meet the demands that accompany increased population and the consumption of land for the built environment, this Open Space Plan recommends the County take proactive steps to conserve and protect vital open space resources -defined as "green infrastructure" - that will ensure an adequate supply of natural landscapes, parks and trails to meet future needs, shape new development patterns and define a quality living environment for future generations. The focus for the western third of the County is placed on "closing gaps" in the existing open space, parks and trails system to meet current and future needs of residents. Goals for the Incorporated Arapahoe County (Partnering with municipalities and others) Cooperative Partnership Work: The County will work with municipal, state, federal, non- profit, private sector, and park and recreation district partners to identify, conserve, design and improve open spaces, parks and trails that return maximum benefit to county residents. Opportunities for partnership work are included in Shareback funds and competitive grants. The County will also work with partners to identify, develop and implement regionally significant joint projects. Leverage Funding for Open Space, Parks and Trails: The County will work with its partners to efficiently use sales tax funds, and to leverage these funds, to achieve maximum public benefit. Plan Countywide Trails Network: The County should work with stakeholders and partners to prepare a detailed countywide trails network master plan that identifies corridors for an interconnected greenway system. 3. Describe how this project addresses specific objectives in the County Open Space Resolution #030381/#110637. Document is posted on the Open Space Grant Program page of the County Website . The proposed project and applicant meets the current objectives of the County Open Space Resolution -#110637 adopted 12/5/11. Specifically, this project meets 4 of the approved ballot elements identified in I -A which includes: Preserve urban and rural open space and natural areas; Protect lands that preserve water quality in rivers, lakes and streams; Provide, maintain and improve neighborhood parks, open space, sports fields, picnic facilities, and biking, walking and multi-use trails; Protect wildlife habitat and corridors . 3 Acknowledge the minimum qualification components listed below by checking each box. All components are required to meet minimum qualifications: X All items on the enclosed application checklist are included in the application X All questions are answered in Part F and all supporting documents are attached in Part G X All budget forms are attached and complete X Application format and document order follow instructions X Above eligibility and qualification questions are answered and meet Arapahoe County Open Space eligibility requirements X Application is signed by agency's highest authority (or authorized individual) X Minimum cash match requirement met (25% of total project) Applicant certifies that all of the above items are included in the application and that all information su hmltted is true. to the best of their knowledge •.. Authorized Signature : #~~ Date: ----<V..,..Y-~~,..../~/~6- (must be signed by highest authority in agency or authorized individual) Print Name & Title:jtJ(W[l./ Y l.Jll~GR:acr~ J)Jt?t?Z~ ,PAR~ Rev"6477d ~ .£orr:4Rf • • • 4 • • • Part C-Application Checklist Use the application checklist to verify that all of the required documents are included in this application in the order listed below. All sections are required and must be complete to meet minimum qualifications. One original signed application and one copy must be included for all sections below. Part A through Part G of the Checklist must be included as one complete pdf document on a thumb drive and labeled with the Entity Name. Project Name (i.e. MakeBelieveCityName.CityTrailsGrantApplication). ~ Part A -Application Summary Form 1:0 Part B -Minimum Qualifications and Eligibility Form (signed) ~ Part C -Application Checklist ~ Part D -Project Timeline (must be detailed) lit' Part E -Project Budget Narrative and Forms (all forms must be completely filled out) l!t" Part F -Project Details (narrative response to project questions; include Acquisition section if applicable) rt' Part G -Attachments (Identify each attachment with a cover page. Prepare attachments in the order listed below. This section does NOT need page numbers.) 1. Evidence of support from highest authority (official letter or resolution)- including commitment to complete and maintain the project; statement that matching funds are secured and/or efforts to secure funds are underway (give detailed amount); acknowledgment of responsibility of cost overruns; and certification that the project will be open to the public or serve a public purpose upon completion . See attached sample resolution. 2. Evidence of community support (letters of support -maximum of 5) 3. Documentation of opposition and responses (state if applicable) 4. Evidence of commitment from project partners (cash match/in-kind match support letters/partner support letters -no maximum) 5. Photos (pre-submittal) and conceptual drawings (if applicable) 6. Maps (include site map & vicinity map) 7. Site Visit Form (project site visit form with driving directions) 8. Evidence of commitment to long-term maintenance, including the maintenance budget and agency capacity to maintain (letter from management/maintenance agency) 9. Evidence of property ownership/legal access (legal documentation, ArapaMAP) 10. Other (clearly title other supporting documents) Part D -Project Timeline Use the below project timeline sample as a guide to complete your proposed project timeline. Project timeline must be detailed, realistic and coincide with Part F. Timeline should include the IGA execution and project start date (must be within 60 days of the award notification). Project timeline must conclude within 2 year requirement. Timeline must be completed in black color. Task Mar Apr May Jun Jul 17 Aug Sep Oct 17 Nov Dec Jan 17 17 17 17 17 17 17 17 18 Grant Notification IGA Execution Design, Survey and Engineering · Soi idt •rii orr .·I " of Vendors Project Bid Award(s) Ground/Site Prep Construction Open to the Public Final Report 5 • • • • • Part E -Project Budget Narrative and Forms Budget Narrative: Provide a clear and concise budget narrative for this project (300 words or less). The total project budget is $341,500. The City of Englewood has committed and secured $91,500 reflecting a 27% cash match and will be responsible for any overages in the project costs. The line item project costs included have been calculated based on prior trail construction and renovation budgets. With Englewood's long history of constructing, updating and maintaining trails, these budget numbers represent current costs. Professional Services ($36,500): Design, mobilization, engineering, construction survey. Ground Work ($66,332): Demolition of concrete (curb ramps) and asphalt (2640 LF). Concrete and Hardscaping ($197,168): 2640 LF 10-foot wide concrete trail; 5 curb ramps; and 250 LF of curb wall adjacent to the playground. Earthwork and site preparation ($32,900): Compacted gravel base Landscaping ($8,000): 2640 LF of sod and irrigation repairs. Ali o f't h&'Costs reflected abo v~ r)av~ been ·rev1 ewt:d. by the ·pii:llihing ti::arn · anti ·proj~ct partner~; the costs identified represent extremely competitive costs for this type of project. Englewood has built in a 10% contingency for potential over runs. These additional funds are secured from Arapahoe County Shareback Funds. Budget Forms: All project budget forms must be completely filled out following the rules set forth in the application guidelines and instructions. The following project budget forms are attached and required to be complete and included in the application to meet minimum qualifications. Attach the following budget forms behind this page when scanning the final grant application into a pdf document. • Summary Budget Form: The summary budget form must be fully completed and successfully match up with the budget narrative, the detailed budget form and the selection criteria questions. • Detailed Expense Budget Form: The detailed expense budget form must be completed with sufficient detail to be accepted. Please reference the sample budget for the expected level of detail. Budget items are to be broken down into categories, and then broken down into the detailed use of funds within each category by line item and cost. The detailed expense budget form includes, grant funds, cash match (applicant and partner cash match) and in-kind match. Only cash match counts toward the percentage of match required. The minimum cash match requirement is 25% of the total project cost for Trails Grants. In-kind match is significant and shows partnership and community support for the project. Administrative costs to prepare the grant 6 Northwest Greenbelt Trail Connectio r. Project DETAILED EXPENSE WORKSHEET NUMBER Category Description .' I I Line Item Detial ACOS Grantee Partner All TOTAL Code (Or In-Kind Description) '~ -'"" . ' ~,# Design and Engineer $28,500.00 $28,500.00 Survey $8,000.00 $8,000.00 Demolition and removal Aspahlt removal 2640 LF $12,739.00 $50,000.00 $62,739.00 Concrete removal (curb ramps) $3,593 .00 $3,593 .00 -- Earthwork and site preparation Compacted gravel base $33,500.00 $33,500.00 - Concrete and Hardscape $197,168 .00 $197,168.00 10 ft wide concrete trail 2640 LF curb ramps Landscape resorat ion and Irrigation $8,000.00 $8,000.00 Sod & irrigation improvements $0.00 -$0.00 f-$0.00 ACTUAL TOTALS $250,000.00 $91,500.00 $0.00 $0.00 $341,500.00 ' Applicant: City of Englewood Project title : Northwest Greenbelt Trail Connection Project Date : Auf"ust 20, 2016 05 .18.20.1 • • • Arapahoe County Open Space Applicant Cash Match (Specify)Partner Cash Match/Other Funding Source {Specify) Partner Cash Match/Other Funding Source Totals Applicant: City of Englewood 05.18.2016 Fall Summary .t Form Project Title: Northwest Greenbelt $0 $0 $0 Year: Total Project Funds $250,000 $91,500 $0 $0 2016 • application are not an eligible expense. (Review the Grant Application Instructions for eligibility details.) Part F -Project Details Applicants must limit this section to 10 pages and answer all questions to meet minimum qualifications. Land Acquisition applications are allowed 3 additional pages (contact Grants Program Administrator for application material). If attachments/supporting documentation apply, please fully answer the question and reference the document in Part G. Please do not answer a question as "N/ A". If a question is not applicable, please explain why it is not applicable. Select the Grant Category: X Trails Grant: $100 to $500,000 funding opportunity, 25% of total project amount minimum cash match requirement Select the Type of Trails Grant Project: Project Type/Project Details: The project categories for the trails grant application are below (select all that apply): 0 Traii :ieaci Projects: Trail head construction, trail' heao::' 1rt:'prov~ments, tret'il nead · parking, shelters and other trail head amenities. X Trail Improvement/Renovation/Restoration Projects: Projects for trail improvement, • restoration, repair and replacement including: trail widening, trail re-alignment and trail • resurfacing. D Trail Construction Projects: Projects include new trail construction. D Trail-related Crossing or Trail-related Bridge Projects: Projects focused on trail connections that include new construction/connections or improvements to trail- related pedestrian crossings and/or trail-related bridges. D Trail Planning Projects (site plan or trail system plan): Trail planning project elements include: conceptual design drawings, constructions documents, fees and permitting costs, surveys, engineering, public meetings, community input processes and any other critical planning needs. C Land or Easement Acquisition: Acquisition for trail or trail head purposes will be considered. Please contact the County Grants Program Administrator for eligibility and application. Prior approval is required. D Other Trail Projects: Other projects include projects such as trail or trail head signage and/or trail amenities (without other trail or trailhead improvements). Please contact the County Grants Program Administrator for eligibility. Selection Criteria Questions: 1. Describe the project goal, extent of scope and expected results . Be specific. Discuss what the project will provide, quantities, size, project elements (miles/feet of trails), useful life of project components, and deliverables. Discuss the current condition of the project site and what • 7 • improvements or changes are being proposed and why. Describe how the project will be designed, constructed, and managed. Describe how this project improves access and connectivity to any existing trail network, natural resources, and/or community resources. If this is a Planning Grant, discuss the steps to be taken in the planning effort and the questions to be answered . Describe how this plan aligns with the agency outdoor recreation strategy. If applicable, describe the current condition, ownership, access and management of the project site and provide detailed maps, photos, plans and supporting documentation in Part G. Discuss how you will choose consultants or vendors. Include detailed costs in Part E. The Northwest Greenbelt Trail Connection project goal will replace a .5 mile twenty-plus year old 8-foot wide dilapidated asphalt trail connection with a new 10-foot wide concrete trail (6 in. depth; 2640 LF). An aged cracked and crumbling asphalt trail currently exists and needs to be replaced for user safety and to provide a contiguous concrete trail connection. The 20+ year old trail has grass growing through, large holes creating large puddles, uneven frail sections due to earth movement/wear and tear, and pieces of rock/asphalt creating debris; all creating safety hazards for walkers, cyclists, runners, and more. The proposed 10-foot wide concrete trail will sustain the Colorado weather; enhance multi-use opportun ities; expand regionai t raii' connectivity anc.i, increase the safety ot ail users. The current asphalt trail is situated in the middle of the continuous Harvard Gulch Northwest Trail and is • a priority project to provide a continuous concrete trail. • The Harvard Gulch Northwest Trail originates in the City of Denver at Federal Boulevard just north of Colorado Heights University, and follows the Harvard Gulch alignment south where it enters the City of Englewood at Zuni Street. The trail then continues on to Raritan Circle where it connects to the South Platte River Trail once again in Denver. Replacing the dilapidated asphalt with concrete will provide a contiguous 10-foot wide trail from the South Platte River to Federal Boulevard. Additionally, the trail improvements will provide safe access to the two active community playgrounds which are located directly adjacent to this trail corridor. Improvements of the current trail link will benefit the adjacent community which includes diverse density housing areas as well as industrial complexes reflecting a high number of employees and daily commuters. The area is very urban and the greenbelt provides a respite for local and regional visitors. Harvard Gulch, a continuous stream, runs adjacent to the trail providing water features year round. Since Denver has installed a 10-foot wide trail section adjacent to the South Platte River Trail, it is a priority for Englewood to continue this trail in the same standard to provide safe and accessibility trail access. Upon completion, Englewood will explore future opportunities to improve neighborhood and employee access by installing directional signage, park amenities (picnic tables, benches, pull off pads), and street crossing safety features including painting new crosswalks. 8 The City of Englewood's planning team will lead the construction and management of this project. Englewood has a preferred vendor list of engineers/contractors that will be used as a reference . Preferred providers have been chosen by Englewood's maintenance department based on the warranty, durability of product, and long range support received in the past for construction projects. This project aligns with the City of Englewood's strategy to provide a paved trail that connects the east and west Denver trails through the Northwest Greenbelt area including developing the trail to meet current standards including a 10-foot wide concrete surface. Please review Part G for detailed maps, photos and plans. Englewood continues to own and manage this project site as a greenbelt park that includes a recently renovated playground funded from an ACOS grant. Details costs are outlined in Part E. 2. Describe the community/neighborhood and user groups the project will serve . Discuss the type of users (children, adults, seniors, families, sports leagues, youth groups, etc .) the project will serve and estimate the number of user groups annually that will benefit from the project. Be specific. How did you arrive at this estimate? Describe the service area for this project (how far will users travel to use the project site). If this is a Planning Grant, discuss the importance of the p!~nn ing effort to the user grruips ::ird,.!Qr al. commu~ity . D~sr,:ribe. hom .tbo. pl:;,ix1 rn<l~'· change/improve the community; project site; or your agency. The current trail users include a wide range of ages, abilities and types including cyclists, runners, joggers, walkers; passive and active users. We anticipate an increase in usership since the concrete contiguous trail will increase recreational, transportational and fitness benefits. Englewood encompasses an estimated 33,600 residents (20% under 18 yrs) and the community adjacent to the trail includes approximately 360 households. If half of these households visited the park once a week, we estimate over 10,000 annual visits potentially on the trail. The community members (Arapahoe County residents) include families and children walking and cycling on the trail to access the two community playgrounds. Significantly, the Northwest Greenbelt Trail Connection will provide a vital link for South Platte River Trail visitors who will need/want to travel to northwest area communities and amenities. Based on the estimated 1 million+ annual visitors on the South Platte Trail, if only 5% accessed the Northwest Greenbelt Trail Connection there could be the potential for an additional 50,000+ annual visitors. Initially the trail usership will be low, yet as the trail becomes known usership will greatly increase. For example, when the Big Dry Creek was completed, trail users weren't familiar with its route and accessibility to other trails and community amenities. Now, several years later, this trail is used regularly as a regional connection to and from the South Platte Trail and the High Line Canal. We anticipate a similar trend for the Northwest Greenbelt Trail Connection. 9 • •• • • • • Additional trail users include students and faculty from Colorado Heights University (500+), Denver community members residing in the northwest suburbs, and employees from the adjacent businesses/warehouses . Englewood also has an aging population that will be encouraged to use the new trail to promote the importance of staying physically active . Physical activity is key in maintaining independence and a high quality of life as one ages. In general, people become less physically active as they get older; nearly 40% of people over the age of 55 report no leisure-time physical activity. With an aging population, Englewood's' priorities include providing physical activities to improve adult health and this community trail will provide these opportunities. 3. Describe the planning process that identified this specific project as a priority. Is this project listed as a priority in a master plan, site specific plan or other adopted planning document? If so, discuss that plan. Describe the relationship of the project to any local, regional, state or system-wide master plan. Give the name of each plan and list related element(s) within the plan. Was this project identified through an independent community planning process? Describe this process. Is this project a working group project? If so, was it prioritized? Is this project a part of a larger project or phased project? If yes, explain the whole project, other tunaing sources ahd partners invu1ved·. The project site area is identified in the City of Englewood's Parks and Recreation 2006 Master Plan as 10.75 acres of open space with a paved trail running the length yet does not connect to the South Platte River Trail. Since that plan, the City of Denver and the City of Englewood partnered to extend the trail from Raritan Circle to the east connecting the South Platte River Trail. The Denver section was constructed in 2012 as a 10-foot wide multi-use trail. Completing the proposed trail improvements is a priority for multiple reasons. First, a 10-foot wide contiguous trail throughout the Harvard Gulch greenbelt will enhance the safety and experience for all trail users. Since there are all ages, abilities and types of users, a continuous concrete trail would increase the safely of these visitors. Second, providing a multi-use trail connection to the South Platte River Trail increases regional trail opportunities. These outdoor opportunities might include transportation, recreation and/or fitness elements. Trail Enhancements and non-motorized connections including the Northwest Greenbelt to the South Platte River Trail connection were included in the 2006 Master Plan. Since then, this trail has increasingly deteriorated and needs major improvements to increase the safety of all trail users. And, since Denver has constructed a multi-use trail on both ends, Englewood needs to complete a similar trail to maintain the quality of the entire trail to increase for safety and accessibility. Additionally, the 2006 plan recommends completing gaps in and extending off-street urban trails and key connections providing the backbone of alternative transportation opportunities within the city. Again, this trail supports this goal yet the trail needs major improvements to provide safe alternative transportation alternatives. 10 The City's Master Bicycle Plan illustrates regional trails as those that cross several municipal boundaries, serve the greater Denver metropolitan area including Englewood, and are maintained by several jurisdictional authorities. Both regional and local trails exist within the City of Englewood and have been primarily developed along water and urban drainages areas. This project is one more example of how this trail supports the long term community planning goals for regional trails and why it is so important to complete the proposed improvements. Lastly, according to the Master Plan, this greenbelt is classified as a Natural Area/Visual Green Space which are park areas that break up the atmosphere of congestion in densely urban areas and provide a space for compatible forms of quiet recreation. Their primary purpose is to enhance community aesthetics and, as such, should be located in visually accessible areas. It is imperative to improve the trail to continue to provide quality outdoor opportunities for urban living. The City of Englewood has a long history of demonstrated partnerships constructing similar trail and park projects. Several of these groups are willing to support the future development of the Northwest Greenbelt trail. Through the planning and development phase of the proposed project, continued efforts will be made to add additional partners and supporters such as the adjacent community groups and businesses. All of these partners were very supportive with the initial asphalt trail project and the City will reach out again to confirm community support. • The City will continue to take an active role and involve all partners, supporters and user groups in the comprehensive design process. Interviewing stakeholders, user groups and neighbors will complete our strategy and build collaboration in an effort to complete this project. • 4. Discuss the need and urgency for this project and why it is a priority. What opportunities will be lost if this project is not funded now? Englewood is requesting funds to complete trail improvements by December 2017 so the trail will be safe and accessible by Spring 2018. As visitors to the South Platte River Trail continue to increase, it is important to complete improvements so regional trail users have additional links and connections; dispersing users throughout the south metro region. Based on the age (20+years) and the below standard condition of the trail, the proposed improvements are a top priority for Englewood. Or goal is to continue to provide safe, accessible and positive experiences for all trail visitors. This trail is literally crumbling and improvements are imperative to increase the safety and accessibility for all users. Since trail improvements can be completed simultaneously or one right after another, we anticipate cost savings on design, engineering, and construction and potentially make the bids more competitive to support our budget. Contingency funds have been secured for over runs. During a challenging economy, partnering funds from the Arapahoe County Open Space Program will enable the project to move forward. Without Arapahoe County support, the project could be placed on hold indefinitely pending availability of funds. This will impact the neighboring communities by limiting their recreational, outdoor, fitness and transportation needs. 11 • • • • Strong community and agency support exists. The City of Englewood has secured $91,500 in matching funds (27% of total project). Construction is ready to begin pending grant award, yet if the project is delayed, construction costs are likely to rise particularly as the economy strengthens. Our goal is to begin construction in July 2017 and complete the project within six months. Importantly, Englewood's Concrete Utility program will be used which will provide competitive costs and potentially expedite specific project elements. This program does not involve bidding out so it is more cost and time effective. Recently, partnering with Arapahoe County Open Space, the City installed a new community playground adjacent to this trail. It is important to continue investing funding and support into these low income neighborhoods to maximize community resources. Englewood is committed to providing continued maintenance and upgrading of open space and park facilities supporting the increased usage and satisfaction levels of all residents and trail visitors. 5. Summarize any investments made prior to submitting a grant proposal. Discuss pre-submittal meetings, dates and outcomes. Be detailed and include eligible pre-planning costs on the match section of the Detailed Expense Budget Form in Part E. (See application instructions for details.) Proof of pre-submitca! p:anning expenses must be submitted as an attachment in P'art G. (Al( attachments should be clearly labeled on the Table of Contents and on the Part G cover page.) There have been no pre-submittal meetings for this project. Since this project includes renovations of a current trail, there are no pre-planning costs. Trail construction and renovation are exempt from site plan review/approval within the City of Englewood. A review of the Northwest Greenbelt Trail Connection will be scheduled for Englewood's Development Review Team. The DRT is comprised of City staff from various City departments for the purpose of reviewing projects that occur within the City and making recommendations based on impacts to those departments and City Code Regulations. 6. Describe how this project will be completed within the two year grant timeframe. Project time line must begin within 60 days of the award notification. Is design and engineering complete or is there still work to be done? List any permits that will need to be obtained for implementation of the project and existing status of obtaining those permits. (Federal 404, County or City Planning or Public Works, Storm Water Drainage, etc.). If permits are needed now or in future phases, explain the process. If your project is a Planning Grant, does the present zoning of the site permit the desired use for this project? If not, what changes will need to be accomplished? Preliminary trail design and cost estimates have been completed and this project is ready to begin pending funding. Englewood City Council supports moving forward with this project by allocating ACOS Shareback Funds for the project and passing a resolution in support of the grant. Upon successful award of this grant, the trail renovation will be ready for construction immediately. Staff anticipates that 12 bidding, bid award and ground site preparation will take 3 months. Once bid selection has been completed, trail construction is estimated to take less than 6 months pending weather. During trail construction, Englewood and the awarded contractor will plan and implement safe detours while keeping the trail open. We do not anticipate trail closures during construction and will provide signage, safety barriers, and other tools to provide a safe trail experience. 7. Summarize any planning efforts to date. Discuss any efforts to obtain public input, disseminate public information, develop partnerships, develop partnerships for cash finding or in-kind contributions, and garner community support specifically related to this project. Evidence of a transparent public process will be required. List stakeholders that will be asked for input. Discuss any objections to this project and/or if you anticipate opposition in the future. Discuss how you will handle opposition. Include any letters, petitions, news articles, or other documents evidencing opposition. This trail improvement project has not received any opposition from the community. Based on the initial trail development (asphalt), we did not receive any opposition. The community and stakeholders of the recently installed playground, funded by ACOS, was fully supported. The public input supported nev1,c:afe . ("tlti arcessib!e COl1'munit~i ;:J,wenit~qs 1:C\ i~<::""'i't5'1'. outdr>o,r r:~i::.~o.:iEQ!'.::>,l?c:Ld.ecrease inappropriate activity in the site area. We anticipate similar support for this trail project which is directly adjacent to the playground. The improvements project will increase paved trails and improve connection opportunities. A 10-foot wide concrete surface will serve more user types, abilities and increase recreational, transportational, and fitness opportunities. A roller blader will be safer and more comfortable on a concrete trail; cyclists will be able to travel more contiguous miles; and, accessibility to the adjacent playgrounds will be improved for all abili~ies. Based on prior community survey results, there is a strong need for additional primary-level trails and trail connections within the city. Currently, there is somewhat limited opportunity for residents to easily and safely travel or commute throughout Englewood via alternative transportation, such as biking, skating, or walking. The South Platte River Trail offers an excellent north-south travel route and the Northwest Greenbelt Trail Connection provides additional access. However, the existing asphalt trail does not provide a contiguous surface throughout its length which can be a hindrance for certain type of users (bladers, cyclists). The Englewood Bicycle Master Plan has identified multiple priorities to improve the overall transportation network with respect to bikes and any opportunities to improve the system should be pursued. Based on these priorities, the 50 foot section east of S. Zuni Street will be realigned to improve the safety and connectivity to Denver's western trail section. 13 • • • • • 8. How much of your planned cash match is secured? How much still needs to be raised and what are your plans for raising additional funds? What is your back up plan if you are unable to raise those funds? Do you understand that all overruns are the responsibility of the applicant/grantee? Describe the cash and in-kind partnerships established for this project. This does not include partners who have contributed to previous phases or partners that plan to contribute to future phases. Explain if partnerships were not possible or necessary for this project. Include all partner support letters in Part G. Include match from all partners in the Part E Budget. All support letters must be dated within the last six months to be eligible . The cash match ($91,500) is fully secured for this project through ACOS Shareback Funds. This project will not need to raise funds to secure the match. Englewood fully understands all overruns are the responsibility of the City. At this time, partnerships were not identified as a need to complete this project. All of the costs reflected above have been reviewed by the planning team and project partners; the costs identified represent extremely competitive costs for this type of project. Englewood has built in a 10% contingency for potential over runs. These additional funds are secured from Arapahoe County Shareback Funds. 9. Briefly discuss support from entities and user groups that are supporting the project in other ways than cash or in-kind contributions. Support letters should come from users, working groups, user groups, community members, volunteers, schools, etc. A maximum of five (S) community support letters should be attached in Part G. All letters should be dated within the last six months. To date, support for the trail renovations have been received from neighborhood residents, park and trail users. The City of Englewood, property owner, fully supports this proposed project. This project will support a wide range of users including parents walking their children to the new playground; cyclists traveling to the South Platte River Trail and potentially continuing north towards Denver or south towards Chatfield; neighborhood residents walking/running for fitness; and employees from the adjacent industrial/office buildings walking or relaxing on the trail during their lunch break or using the trail to get to and from work. Community and partner support letters are attached in Part G. 10. Describe any scenic, historic or cultural values associated with this project. Will they be preserved or restored? Describe specific natural resources at the site, including habitat and/or water. List predominant wildlife species and vegetation on site. Discuss impacts to these resources as a result of this project. For Planning Grants, discuss how your proposed project incorporates plans for wildlife and environmental impacts and historical and cultural values of the project site . 14 There are no historic values within the trail renovation project site. There are no native ecosystems impacted by the trail renovation. The project site is located in an irrigated bluegrass greenbelt. The trail renovation project will result in little or no impact to the natural resources in the area; no mitigation is required. The Northwest Greenbelt Trail is part of the Harvard Gulch drainage basin. A small stream runs through the greenbelt basin, fed mainly by hard surface runoff. Predominant wildlife species include red fox squirrel, rabbit, skunk, raccoon, red fox, coyote and various bird species typical in the urban/suburban setting. 11. Discuss the ownership and legal access to the proposed project site, including right of access without trespassing on adjacent property. Detail any third-party rights, easements or other encumbrances that exist. Provide supporting documentation proving ownership, legal access or permission from landowner and a site map in Part G. The City of Englewood owns the property designated for the proposed project. And, during construction, the crews will not need to access any other land/property owner for right of way. All construction access will be on the City of Englewood's property. The project site is maintained as open space/park land. Please view Part G for the site map. 12. Describe long-term maintenance of the project site and components. Estimate the annual costs • to maintain the site, how those numbers were calculated, how you intend to fund maintenance • and who is responsible for maintenance. Explain how maintaining this project site changes your agency's maintenance budget. (Provide projected budget changes, detailed cost estimates, how you plan to accommodate these changes, and explain how you arrived at those numbers.) Provide a commitment letter from the management/maintenance agency addressing long-term maintenance and include budgeting for funding maintenance in Part G. For Planning Grants, discuss the ability and capacity of your agency to implement the final plan and manage long- term maintenance for this project. The City of Englewood will manage the long term, and complete maintenance of this trail project including litter control, weed/grass mowing, and vandalism repairs. Since this project is for improvements, the maintenance costs are reflected in the current City budget and this will not change. The City currently budgets $2,154,802 for all park maintenance and approximately $23,598 is spent maintaining the Northwest Greenbelt. 13. Describe how this project addresses (or plans to address) inclusivity per the Americans with Disabilities Act guidelines. The trail improvements include improving the multi-use trail to fully comply with current ADA guidelines. The multi-use trail will be constructed as a 10-foot wide, concrete/hard surface and the curb ramps will meet the ADA standards. Once the surveying has been completed, the grade will be assessed and the trail will be designed to meet the required ADA grade. 15 • • • • 14. If successful in obtaining this grant, how will the agency use this project to inform citizens about the value of the Arapahoe County Open Space sales and use tax? Address the public outreach plan, signage plan, celebration, dedication, etc. Please write a brief press release statement. Explain how the County will be recognized and informed that materials, articles and ceremonies have/are taking place. This information is required to include County acknowledgement and should be relayed to the County Grants Program Administrator for review and filing. Planning Grants do not require signage to be installed. The City of Englewood will partner with Arapahoe County on all media releases, articles and stories relevant to the Northwest Greenbelt Trail Connection improvements. The use of ACOS sales tax dollars supporting the Northwest Greenbelt Trail Connection will also be included in the Englewood Herald newspaper and additional local community publications. Information will also be disseminated via the City's web site and in the Englewood Citizen newsletter, which the City distributes to all Englewood households. An Arapahoe County Open Space sign will be installed on the trail upon project completion. County Commissioners and OSTAB Board Members will be invited to tour upon request. Through prior trail and park openings, ribbon cuttings, and volunteer events, Englewood has demonstrated their support of ACOS programs to the community . 16 Part G -Attachments Use the application checklist to verify that all of the required documents are included in this application in the order listed below. All sections are required and must be complete to meet minimum qualifications. One original signed application and one copy must be included for all sections below. Part A through Part G must be included as one complete pdf document on a thumb drive and labeled with the Entity Name. Project Name (i.e. MakeBelieveCityName.CityTrailsGrantApplication). 1£6 Part A -Application Summary Form ~ Part B -Minimum Qualifications and Eligibility Form (signed) ~ Part C -Application Checklist li1' Part D -Project Timeline (must be detailed) 10' Part E -Project Budget Narrative and Forms (all forms must be completely filled out) ~ Part F -Project Details (narrative response to project questions; include Acquisition section if applicable) ~ Part G -Attachments {Identify each attachment with a cover page. Prepare attachments in the order listed below. This section does NOT need page numbers.) 'L ' Evidence uf support from highest authority{of;k:ui'/ectel'orre:;0iutiun/- including commitment to complete and maintain the project; statement that matching funds are secured and/or efforts to secure funds are underway (give • detailed amount); acknowledgment of responsibility of cost overruns; and • certification that the project will be open to the public or serve a public purpose upon completion. See attached sample resolution. 2. Evidence of community support (letters of support-maximum of 5) 3. Documentation of opposition and responses (state if applicable) 4. Evidence of commitment from project partners (cash match/in-kind match support letters/partner support letters -no maximum) 5. Photos (pre-submittal) and conceptual drawings (if applicable) 6. Maps {Include site map & vicinity map) 7. Site Visit Form (project site visit form with driving directions) 8. Evidence of commitment to long-term maintenance, including the maintenance budget and agency capacity to maintain (letter from management/maintenance agency) 9. Evidence of property ownership/legal access (legal documentation, ArapaMAP) 10. Other (clearly title other supporting documents) • • PARTG ATTACHMENT 1 Evidence of support from highest authority (official letter or resolution) • • • PARTG ATIACHMENT2 Evidence of community support (letters of support -maximum of 5) • • • • URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Paul A. Hindman, Executive Director 2480 W. 26th Avenue, Suite 1568 Denver, CO 80211-5304 Arapahoe County Open Spaces 6934 S. Lima St, Unit A Centennial, CO 80112 August 3, 2016 Dear Advisory Board: Telephone 303-455-6277 Fax 303-455-7880 www.udfcd.org On behalf of the Urban Drainage and Flood Control District (UDFCD), we fully support the propasea r~orthwest Trail Com1ecnon Re'novanon .Project. The traif project, uicrnding a nev:iy constructed half-mile concrete trail, is much needed to replace the dilapidated asphalt trail that is cmTently there . UDFCD has partnered with various local governments throughout the years on projects related to the Harvard Gulch drainage area. Our mission is to work with these local governments to address multi-jurisdictional drainage and flood control challenges in order to protect people, property, and the environment. UDFCD performs stream maintenance on West Harvard Gulch, and the trail provides access for our contactors to perfonn this work efficiently. An improved concrete trail that is wider would benefit the trail users as well as the maintenance of West Harvard Gulch. We hope the Arapahoe County Open Space Program will consider funding the Northwest Trail Connection project in the City of Englewood. The project would significantly benefit the adjacent communities and regional visitors for years to come. Sincerely, Paul A. Hindman Executive Director Wor!Wtj with, you, riH.u 1969 Parks and Recreation Executive Director's Office It' DENVER 11111 THE MILE HIGH CITY 201 W. Colfax Avenue, Dept. 601 • Denver, CO 80202 p: 720.913.0738 Arapahoe County Open Spaces 6934 S. Lima St, Unit A Centennial, CO 80112 August 2, 2016 Dear Advisory Board, f: 720.913.0784 www.denverg ov.org/parksandrecreation On behalf of the City and County of Denver, we support the Northwest Greenbelt Trail Connection renovation project proposed by the City of Englewood. This trail project, including a newly constructed half-mile concrete trail, is much needed to replace the dilapidated asphalt trail that currently exists as part of the Harvard Gulch West corridor between the College View/South Platte neighborhoods in Denver and the South Platte River Trail. The City and County of Denver partnered with Englewood to complete Denver's trail section that is just east of the p.ropo.-t.i::d.~rnil .. And , thi~. trail, "'ectjori.cn.rnects!oJ::.nelewood.'c;,_ to .~rmd<le l:l .~on!igl!o•,!s. tr,qjl, frnmthe. S01.1tb .. Platte River Trail towards the northwest. We strongly support this project which will enhance the trail opportunities for all types of users and abilities. The Northwest Greenbelt is part of the Harvard Gulch drainage basin and a small stream runs through the greenbelt basin, fed mainly by hard surface runoff. We understand there will be no impact to this area from the construction. We hope the Arapahoe County Open Space Program will consider funding the Northwest Greenbelt Trail Connection project in the City of Englewood. The project would significantly benefit the adjacent communities and regional visitors for years to come. Thank you, Happy Haynes Executive Director • • • • Arapahoe County Open Spaces 6934 S. Lima St, Unit A Centennial, CO 80112 August 2, 2016 Dear Advisory Board, We love the local trails near our home! We are writing to let you know that we fully support the proposed Northwest Trail Connection renovation Project. The future trail project, which we have heard will include a reconstructed half-mile concrete trail, is much needed to replace the old dilapidated asphalt trail that is currently there. In fact, on the day that we met the surveyor and representative that were walking the trail, Jennifer had taken a fall on her bike, and her arm was quite scraped up due to the rough, almost "gravel-like" surface of that part of the trail. We have also noticed that it is difficult to pass if there is a family walking with a stroller, or even other bicycle riders coming from the opposite direction. We use the trail regularly (at least once a week} to ride, run, jog for fun and exercise, and we truiy value it. We would also really appreciate seeing more properly marked recycling and trash containers all along the trail, as well as more regular efforts to keep the stream that runs through there clean of litter . Additionally, the Northwest Greenbelt Trail Connection provides an important connection to the South Platte River Trail, which provides more access to other parks as well as easy transportation via bike to the downtown Denver area. We hope the Arapahoe County Open Space Program will consider funding the Northwest Greenbelt Trail Connection project in the City of Englewood. The project would significantly benefit our community and trail visitors for years to come. Sincerely, Steve Cope Jennifer Peck 2693 South Decatur Denver, CO 80219 PARTG • ATTACHMENT 3 Documentation of opposition and responses (state if applicable) • • • The City of Englewood has not received any opposition to the proposed project to date . • • PARTG ATTACHMENT 4 Evidence of commitment from project partners (cash match/in-kind match support letters/partner support letters -no maximum) • • • At this time, partnerships were not identified as a need to complete this project . • • PARTG • ATTACHMENT 5 Photos (pre-submittal) and conceptual drawings (if applicable) • • Northwest Green Belt Trail Connection (City of Englewood) • View looking northwest . • Current trail conditions include grass growing through; large holes holding rain water. (See below) 20+ year old "wear and tear" of trail. • • • • ---...... _,,,,._-.,.-,.,. .. ----·- :..:-:-. , . .~ ~: ... : -.-··. -." .:. : :_ .. •' . ·.:-.. -,: : .. -:'. -.- ; ... ._;:" ... '! ~ ,~_. .. , -. -'.· ·. ' - ·".:_ .. · .. -.-. ;: : .. ;.~ ;-~ t~· Southeast view of the current trail. . .. ~.-: ... PARTG • ATTACHMENT 6 Maps (Include site map & vicinity map) • • City of Eng/e1,voocl/ Coloraclo 2016 Arapahoe County Open Space, Parks, and Trails Grant Application 0 Northwest Greenbelt Harvard Gulch Trail Reconstruction Site Pl ;l ,_ " ~ ~ August, 2016 J~ EnYOF lewood g p .\P!<'.S PEf:l'S\T!OI< A>•O Llf,?..IRY 9 300 600 900 feet iiJ ------H ' I I • rP \\ J l--.. -I IT 1 1, I : j_l ____ _j_ --1 u l 1 ·-,-, 1 1 I / ~ _,....,...-,_ --+---r---I I \ ___ , -----.......... __J_ -------+-, -I I I ! i---' • -..!.-....---\ I I ' I \ I l' l ! 1 · I I .l I 1 ' // , / • ' , r-·--;--1-!----. i a· E. -/ -l--, --j----! '·-, I : l . I __ ! ..L --,_ i I i -.. . __ _;__---+ . ; --:--I --+---~, l --' ' • I ' ' ; . . ' i ! I ! ' i J ! I i i I . -,-----! I ' I ! ' !---._ •• I I ..;.---···-r----.... I I - 1 ---r, --- \ ', j j i ! '· . I f--t- l 1 ·. I -~!---~'1.__ .. _,--. i I I_/ ; ','·,A U R 'O R A I ' . l . -l ...... '·---+------·--.--+-----' • I j 1 ' I ! j I l I I j 1 .--.---;---- \ /// --------;-----------1----------+-----+-· ~ 1 • 1 YALE AVE L._ £J L I -1------.____.--~~ ' ( '.,..1-----· ' i ' I _/,..,.··"/ I ' . ! / . _______ !_ __ ~-_ 1 1 DARTM2'!.!JiA'if:J iENGLEWOOD ----! " \. \\ .. __ ___...!-....-.-"' c1tyce'nter -~~• i i 1 ! I i ~ I J .--! I /Englewood L ; --} HAMPDENA'(E 1 1 ! 1 .,._ --------,.! ---I"""" I I ,, ! ---, ------- f r!--·-·----1 ~: I l_ I I ' ) I I OXFORD AVE : ' I ~---·-----] ----i---! l J l I ! ! CHERRY HILLS' QU/~CYAVE fl ! ·----~---:·-~,v-------'------·l-·--1-·-i/ [-~--j----1--~1! _ .. __ , ~l lLLAGE l ' I I 'l . I : I J__ I i x-------·--i /.,,.. \ ! -~__,/~ . ' (/ j I .1----------·-- ltl I -J I 1 ' "( ~I ).' 0 \ ! ' ~ ~I ! 0 J iii VILLAGE -i, ~-----,. -~ ; ) I I <t LlJ ! a:! Q:i (l · Ill l l l ! I 9 I fil I -! ltl ; LlJ : ::i:. 5 .-' '-, "· ! ' a: u._; -'..>-·--i--·---,--j------~I i . ( ! ' _/• I ! ~ I / I '1 I §1 -----------; I l ,' \ ' i ·-·· -----· ·-··----(/) -----------f' ~" l l I i ORCHARD RD I I I I ; 1 1 1 ·' 1 r--·1·--------1~----1 ---·-r. ----···--·1-----~--1· -r; 1 : ·1 ----r ,,,,_ 'l I I I ! ' --_..,! _______________ _ ' , f I ' ' I \ I ' . . l • I . I j l i I ! I ' I I COLUMBINE t~~--1-·1 ------i ( \. ! . ·----(--· i 1 I : 1 1 / I -. i I I ) ! I I l I l / l ___ VALLEY LITTLETON r' ----------" ___________ !_ -· _ _J___ . __ , ARAPAHOERD ! , l I \ j / I ·, i 1 f -,, I ---.-·-1T·--------,-\-·----.--1 -· ----,, -------T- . j ' 1 j \ I : ·, ' / ! . -t c' ! l I I ,___ ! I I / ' i 1 -1 i, CENT~NN1At:i !, ; J l I r----------'-1 1· .. 1 : ,, 1 • 1 1· : . . I \ . ) " f--------;·----+----------+----. -----~--~J-----1---· ____ i _ _l_!!i:J _':_REEKRD ______ .__ 1 ! __ _ ~ i ' ; \ : I T ! I J I ! i i '1· I r --------1 ; i , I I ! .... _ __: 4 l-1--·-\_J ,,... --' .. , J / ; ! l I I \ i ,/ ; i '-· : ; \\ l 1-----! I /. 't _ __J ·,_ ! L., ' I ! i ~~~~ --------------1-.. --- HIGHLANDS RANCH !', --~ .. _._.----_ i _. \ '· '" \ City of Englewood, Colorado 2016 Arapahoe County Open Space, Parks, and Trails Grant Application Northwest Greenbelt Harvard Gulch Trail Reconstruction Vicinity Map -Northwest Greebelt Arterial and Collector Streets : "t h . - J v. · / L lJ l t_1 if: Eny~ne~QsuJ Q 0 1 2 3 Miles ~ • PARTG ATIACHMENT7 Site Visit Form (project site visit form with driving directions) • • 2016 ACOS Grant Applicant Site Visit Form City of Englewood Trails Grant Name of Applicant Grant Category and Type Northwest Greenbelt Trail Connection Project Title of Grant Dave lee dlee@englewoodgov.org/720-884-7808 Primary Contact Name Contact Email and Cell Phone Required for Site Visits: 1. Please provide the project address or the closest major intersection. 2. Please provide Point-To-Point Driving Directions from ACOS offices to project location. If you are providing an intersection, please provide Turn-By-Turn directions from ACOS to the intersection and then from the intersection to the project site (recommended site visit location). 3. Please attach driving directions to this form (behind). Yahoo driving directions are preferred. 4. Propose a meeting location at the project site. 5. Other important information. (Example: parking, clean restrooms on site or nearby, necessary walking from parking to site, any clarification needed from the attached maps) Type requested site visit information here. Add driving direction behind this form as an attachment. 1. Project address: 2640 South Raritan Circle, Englewood, CO 80110 2. Point to point driving d i rections included with form and map. 3. Yahoo map and driving directions included with form. 4. Meeting location will be in parking lot of business located at 2640 S. Raritan Circle. 5 . Ample parking at site, no restrooms or drinking water at site. Englewood will provide a large map to view since trail is a half mile long and grant reviewers will probably not have enough time to travel the entire trail. We also have the option of driving the trail in ACOS vehicles if need be. 11.03 .2015 • • • Driving directions to 2640 S Raritan Cir, Englewood, CO 80110-114... Page 1 of 2 &ap & Directions Map O nly Directions O niy ~ 23 Englewood Hotels Engle wood .OneTi me .com /Hote !s Book Now and Sa ve Up To 60%. $115 Hotal Deals in Engie vv ocd! YAHOO! • • MAI'~ ~ 6934 S Lima St, Englewood, CO 80112-3881 Enter notes here ~ 2640 S Raritan Cir, Englewood, CO 80110-1147 255 Total Distance: 12.67 mi-Total Time: 37 mins Map Layout \!. 0 0 6'(7Appk:\yood t<iage t~~ {· 'r-om~ H ill 0 \ .Ffl~d1 i '.; .. ···I . ;,1' Edgewood . 'i! D East ANorth ) Vill.-lge5at'1V~~~-::.i ~.'.:.~-~-, '.'~r~~~· _,:;oo, --~-~ --.:J.,;(nve r ':::'.~~. ':~'.~ """ '1~i," .. -,,f 1enu!! West Cre1ghtor. Barnum ~:. Speer Cree~( Hilltop Field ~ Buckley AFB h Lakewood Ath~):, B 1 Washington G.po Aurora · .• ,r F octhills P<irk":'~ e care Virgi nia Va la Park H Ker.drick Lasley RuH~,Y~ ;Pliltt ~. f.?'Yil·I V1rginiil Uta ~ P Murphy Green Lake ~ , Park ~~"-;; Village D'.Jyton Park~ Aurora 11 Creek Mountain H U . -~ Triilngle Heather Highlands ~,I,. ;:irvcys ' mvers1ty 'tGoldsm1th Rid»e ll Park Kol:. rt , W " h. .,,. 0 ,1 • K lls Hlfs l eus ire \ Dam East/West ,.,urora no -Be;ir Be;ir ~· ,_, Hutchinson Cteak ~'I En Ji!-,---'~ .. ·---\.\ Kennady~ Heights \ ,,cYY · ·--~""' · ~~-~~Hampden ,../ Ca rriage 1 • r:Y AGldemy Sheridan " Ch~ ry ~Sovtt-t'.</ PILICC :1···.: '-,~o=Y Park Hills -~ ,;'wlllowbrook Vill<Jge r Park Pride; i B~Ucview ' ~ Villas Crossillg Acres and GovQrnor~ 1 ·~ ~ Ranch Littleton ,........ ·:;. &km Fwms Grccnw:. d .._g, ~ .• · a\ Gt~~~~th Leawood V il !ag J~ 6\) ()', Centen~V Tilllyn' Ken Caryl Stonr Co lumbine \. • • Re;:id R.:in'di Ncrth Ctel?~ Knol ls South , <4'°> Plil i ns t.;';19• @) ' /.;:.:::-::...-:--r- "'..;,.,, l:.:J ~= ............ '\. ~ -.,,~-.,, r 1\ _,::f'./ 'l;,..(t\ilrte·~-:::.::-•-.:·•J ---=.::..::.;.-·-··::--. ~-··········-·-::::: t •·' ... ,_;..-=..~,..,,~_./· -~ -~~c:-:~ ----"~:--.:.;.:::.~-·--.. -~~i:J'~-0-.. .--;..~_..:::..=~~~ .! Chatfield Ch.J tile!d • Tree "11 -....-· '-"=·:..:;:.,.· 3~~ffs Lah , ~ ;j !~ ~ 6934 S Lima St, Englewood, CO 80112-3881 Expand All Head toward E Briarwood Ave on S Lima St Gofor0.3 mi Hide .., Tum left onto E Arapahoe Pl (C0-88) Go for 1.4 mi httnc:·//m~nc: v~hnn r.nm/nhn/nirP.r.tinnc:/?bt=1Q (.;L1.06'Q'\OQORR6'77~1nn Driving directions to 2640 S Raritan Cir, Englewood, CO 80110-114 ... Page 2 of2 t. Take ramp onto 1-25 N Gofor4.2 mi Hide r Take exit 201 towa rd US-285 S Go for0.2 mi Hi de ., Tum left onto E Hampden Ave (US-285) Go for 2 .8 mi Hide ,, Keep left onto E Jefferson Ave (US-285) Go tor 1.8 mi Hid e t. Take ramp onto S Santa Fe Dr (US-85 N) toward Santa Fe Drive Go for0.5 mi Hide ., Tum left onto W Dartmouth Ave Gofor0.7 mi Hide r+ Tum right onto S Tejon St Go for 0 .1 mi Hide r+ Tum right onto W Cornell Ave Go for 351 ft Hide t Continue on S Shoshone St Gofor0.1 mi Hide r+ Turn right onto S Raritan St Go for 0.4 mi Hide r+ Tum r ight onto S Raritan Cir Go for 459 ft Hide Arrive at S Raritan Cir. Your destination is on the left. Hide ~ 2640 S Raritan Cir, Englewood, CO 80110-1147 Expand All When using any driving direc tions or map, it is a good idea to dot.:bie check and make sure the road sm! e1.ists, watch cut for construction, and follow all traffic sa fety precauucro s. This is onty to be used as an aid in plann ing ' httn~·//mi::tn~ vi::thoo r.om/ohn/iiirP.r.tion~/?1::\t=iQ 640"\Q"\OQORR'\77Rrlon 7/?1/?011\ • • • • • • PARTG ATIACHMENT8 Evidence of commitment to long-term maintenance, including the maintenance budget and agency capacity to maintain (letter from management/maintenance agency) Arapahoe County Open Space and Trails Advisory Board 6934 S. Lima Street, Unit A Centennial, CO 80112 July 21, 2016 Re: Long Term Maintenance Northwest Greenbelt Trail Connection Project Dear Open Space Advisory Board: The City of Englewood Parks and Recreation Department is committed to the long-term maintenance and management of all Englewood parks and park infrastructure within the City. The City of Englewood allocates funds for long-term maintenance, repair and replacement of park infrastructure. Ongoing maintenance functions include sign maintenance, sign repair or replacement, graffiti removal and landscape maintenance. The Parks and Recreation Department is funded annually through the City of Englewood's General Fund as part of the core services provided to the citizens of the City of Englewood. Maintenance of the Northwest Greenbelt Trail Connection Project is currently included in all long-term maintenance programs and activities and will continue to be a part of all such activities into the future. Sincerely, ~~~7t7~ Director, Department of Parks, Recreation and Library City of Englewood Parks & Recreation 303-762-2680 Library 303-762-2560 Broken Tee Golf Course 303-762 -2670 Pirates Cove Water Park 303 -762-2683 •• (fl • • • • PARTG ATIACHMENT9 Evidence of property ownership/legal access (legal documentation, ArapaMAP) • • Arapahoe County-Parcel Search Page 1 of 1 New Search PIN: AIN: Situs Addrass: Situs City: Full Owner List: Ownership Type: Owner Address: City/State/Zip: NelghbQrhood: Neighborhood Code: Acreage: Land Use: Legal Desc: 2015 Appraised Value 2015 A.ssessed Vslue 031001838 1971-28-3-00-045 2609 S Raritan St Englewood •Photo I View Parcel Map Englewood City Of Fee Simple Ownership 1000 Englewood Pkwy Englewood, CO 80110-2373 Vacant Unplatted Parcels 2942.00 1.86-00 ·-----------·· Printer Friendly Treasure(a Tax lnfcmlaU0t1 Sales by Tax Year and Nelghbortlocd 2015/2011! 2013/2014 2011/2012 200912010 2007/2008 ~oe Complete Nelghbothood Sales lnlonnatlcn HlltOIY Tax Olslrid Levies Beg At Nw Cor Se 1/4 Sw 1/4 Sec 28-4-68 Th S 824 Ft Th E 30 Ft To True Pob Th Se 372.3 Ft & 230 05 Fl & 705.73 Ft MIL Th Nely To Se COr Of Lot 7 Blk 2 Tejon Ind Park Th Nwly 334.51 Ft & 470.98 Ft Th W 517 .43 Ft Th S To True Pob Total 239,940 69,583 Bulldlng 0 0 2014 Miii Levy: Land 239,940 69,583 72.792 Land Une Units Land Value Land Use 1.8600 AC 239,940 Vac Unplatted > 1.0 Acre but< 5.0 Acres NOie Land Lins data soovs corresponds to lhtt lnltJal spprs/$fKJ value and does not reflect subSBquent appeal related sdjustmfJnts, If any. • Not au parcels have avaHable photos/ sketches In some cases a lke'.ch may bit dit!lcult to read. Please aintact lhe Assesaors Offlce lor assistance Measuremen!ll taken from the exterior of !he build ing The Arapahoe County AsseSSOB Otllce does not warranty lhtt accuracy of any akeldl, nor assumes any responsiblllty er llabUity tc any user Although IOn1e parcels may have multiple buldlngs and photos, at this Ume our system Is llmlled lo 1 aketdl and 1 photo per parcel number. Sony for any lnconverilenc:o New Search http://parcelsearch.arapahoegov.com/PPINum.aspx 12121/2015 • • • • • • Arapahoe County-Parcel Search New Search PIN: AIN: Situs Address: Situs City: Full Owner List Ownership Type: Owner Address: City/State/Zip; Neighborhood: Neighborhood Code: Acreage: Land Use: 031001978 1971-28-3-00-064 •Pnoto I View Parcel Map Englewood City Of Fee Simple Ownership 1000 Englewood Pkwy Englewood, CO 80110-2373 Englewood Ind North 1971 3538.00 0.7800 Page 1 of 1 Printer Friendly Tru.surer'a Tax lnfcrmatlon Sales by Tax Year and Neighborhood 201512018 2013/2014 2011/2012 200912010 2007/2008 2005/2006 Complete Neighborhood Sales lnlormaUon Hlstory Tax Olstrlct Levies Legal Desc: Por Sw 114 Sec 28-4~8 Oesc As Beg 30 Ft E & 461 .17 Ft N Of Sw Cor Se 1/4 Sw 114 Th N 40 Ft Th Se 372.3 Ft & 230.05 Ft Th S 43.91 Ft Th Nw 230 05 Ft & 372 .3 Ft To Beg 2015 ApptaiwJ Vakle 201 s A3seS$ed Value Total 500 145 Building 0 0 2014 Miii Levy: Land 500 145 72.792 Lsr.d Une Units Land Value Land Use 1.0000 LT 500 Open Space Note Land Llm1 dala above CDfTtlspond$ to the lnltial ~d value and does not reflect dsequent appeal misted adjusJments, if any. • Nol all parcels have available phc!os I sketches. In some cases a sketch may be dilf1CU1l lo read . Please contact the AsSOSIOf1 Office for asslslance Measurements lakel'l trcm Ille exte:1or cf Ille building The Arapehoe County AssesSOfll Otrlc:e does not waJTanty the so:i.rr.icy cf any Sketeh, nor as.sumes any responslblllty or tlablllly to any user Alll1oug/1 some pareels may have multiple bulkflngs and photos, at lhlt time our a~em Is Umlted lo 1 sketch and 1 photo per~ number Sorry for any lna>nvenlence . New Search http://parcelsearch.arapahoegov.com/PPINwn.aspx 12/21/2015 Arapahoe County-Parcel Search New Search PIN: AIN: Situs Address: Situs City: Full Owner List: Ownership Type: owner Address: Clty/State/Zlp: Neighborhood: Neighborhood Code: Acreage: Land Use: 031003482 1971-28-3-06-036 "Photo I View Parcel Map Englewood City Of Fee Simple Ownerahip 1000 Englewood Pkwy Englewood, CO 80110-2373 Englewood Ind North 1971 3538.00 6 .8500 Pagel of l Printer Friendly Traasurer's Tax lnlonnatlcn Sales by Tax Year and Neighborhood 201512016 201312014 2011/2012 20()Q/2010 2007/2008 2005/20C-6 Ccmplele Nelgtlbortlood Sales lnfonnatlon Hlstoiy Tax OlstJict Levies Legal Oesc: Lots 1-19 & Parts Lots 20 Thru 22 Oesc As Beg 5 Fl W Of Ne Cor Lot 20ThW190.21 Ft To Nw Cor Lot 22 Th Se 199.63 Ft Th N 60 Ft To Beg BJk 13 Southlawn Gdns 2015 AppraiStld Value 2015 Aue:ssed Value Total 3,425 993 Building 0 0 2014 Miii levy: Land 3,425 993 72.792 Land Una Units land Value Land Use 6 .8500 AC 3,425 Open Space Nole Land l.Jne data above conesponds to the /nil/a/ appraised value and does nol l&f1ed !Rlbseqwn/ appeal re/afed adjuslmel113, U any. • Not aJ1 parcels have avaKable photos J slU!lctles In scme cases a sketch rr.ay be dlf!!Qift to read Please contad the Assnsor1 Ortlee for assistance Mecm.'fl!ITlenls taken from the exterior ot the building The Arapahoe County Assessors Otllc:e does not warranty the 11CC1Jracy of any sketch. nor aswmes any responslb~ity or llabfflly lo any user Allt'~ some pan:els may have mu!Uple buildings ar.d photos, at this time Ctr ayslem Is llmited to 1 skeldi ar.d 1 photo per pare81 number Sorry for any lnconwnl!oat New Search http://parcelsearch.arapahoegov.com/PPINurn.aspx 12121/2015 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: August 15, 2016 11 ciii River Run Trailhead Art Project Initiated By: Staff Source: Department of Parks, Recreation and Joe Sack, Recreation Services Manager Library PREVIOUS COUNCIL ACTION City Council has supported the 1 % for the arts fund and has approved City purchased public art. The most recent purchase was "Your Turn" by Michael Clapper for placement in Duncan Park. RECOMMENDED ACTION Staff Recommends that City Council approve, by motion, an artwork contract for the River Run Trail head Art Project. Staff recommends awarding the contract to Latka Studios, for the purchase of "Bird in Spire" in the amount of $40,000 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED During the planning process for the River Run Trailhead in 2014 an art piece /sculpture was adopted as part of the conceptual plan. At the January 6 , 2016 commission meeting, the Cultural Arts Commission, supported the River Run Art Project and committed $20,000 in funding. Staff formed an art selection committee that consisted of three members of the Cultural Arts Commission, one member of the Parks and Recreation Commission, one member of the Sheridan City Council , one resident community member, one art student from Englewood Schools and a representative from the Museum of Outdoor Arts. The committee created the specifications and requirements for this project and developed the River Run Trailhead request for qualification . 58 artists replied to the request for qualifications. The committee reviewed qualifications, requested proposals and interviewed five Colorado artists. The committee recommended Latka Studios, for the purchase of "Bird in Spire" in the amount of $40,000. Cultural Arts Commission discussed the recommendation as recorded in the June 1, 2016 , minutes and approved by vote as the Parks and Recreation Commission endorsed the selection as recorded in the June 9 , 2016, minutes. The City of Englewood's objective is to hire a qualified and competent artist to provide all labor, materials and equipment necessary to provide an original art piece to enhance the river Run Trailhead . This project will begin after the signing of the contract and will be completed on or before September 30, 2016 . FINANCIAL IMPACT Funds for this project were approved in the 2016 budget. $20,000 will be funded by 1 % Art in Public Places Fund and $20,000 will be funded by the Conservation Trust Fund . LIST OF ATTACHMENTS Cultural Arts Commission Minutes January 6,2016 -Approving Funding Cultural Arts Commission Minutes June 1 -Discussion of Art Selection and Approval Parks and Recreation Commission Minutes June 9, 2016 -Endorsement of Art Selection River Run Trailhead Request for Qualifications Contract • • • • I. II. Ill. • IV. v. VI. VII. • City of Englewood CULTURAL ARTS COMMISSION Minutes of January 6, 2016 Call Meeting to Order The regular monthly meeting of the City of Englewood's Cultural Arts Commission was called to order at 5:45pm by Chairperson Kirkpatrick at the City Council Conference Room, 1000 Englewood Parkway. Present: Martha Kirkpatrick, Chairperson Chrystie Hopkins, Vice Chairperson Tamara Emmanuel, Commission Member Amy Martinez, City Council Member Kristin Skelton, Commission Member Nicholas Hubbard, Alternate Member Not Present: Kimberly Young, Englewood Schools Liaison (arrived at 5:48pm) Dorothy Hargrove, Director of Parks, Recreation and Library Melissa Izzo, Commission Member Other: Joe Sack, Recreation Manager Tim Vacca, Museum of Outdoor Arts Representative Scott Yeates, SW Development Group (arrived at 5:51pm, left at 6:14pm) Review of Agenda Painted utility boxes was added under New Business. Approval of Minutes Kirkpatrick asked if there were any changes and or additions to the minutes of December 2, 2016. There were none. A motion was made by Commission Member Emmanuel and seconded by Vice Chairperson Hopkins to approve the minutes as presented. Ayes: Kirkpatrick, Hopkins, Emmanuel, Martinez Nayes: None Motion Passed. Scheduled Visitors (10 minutes) Kirkpatrick moved discussion forward while waiting for the arrival of Mr. Yeates . Unscheduled Visitors (5 minutes) There were no unscheduled visitors. New Business There were no items for New Business. Old Business A. Strategic Plan/Priority List Kirkpatrick told board members that the projects most critical to the Cultural Arts Commission are RiverRun Trailhead art, General Ironworks Foundry mural and the art bus. Discussion followed regarding Funfest and cultivating artists for booths . B. General Ironworks Mural Kirkpatrick explained that she had invited Mr. Yeates with SW Development Group for discussion on how the Board can collaborate in guiding him in the process on the selection of art at the General Ironworks Foundry. With the arrival of Mr. Yeates, Kirkpatrick turned discussion over to him. Mr. Yeates spoke in regard to the history of the General Ironworks Foundry site and his plans to bring art into the development. With the expected completion date for the project being April 2017, Mr. Yeates was • encouraged to start the process now. Discussion followed including the Board's suggestion that Mr. Yeates hire a consultant to help guide him in the process. Board members applauded Mr. Yeates for wanting to bring art to the community and incorporate historical significance into the project. Mr. Yeates left the meeting. In regard to projects for the Strategic Plan, Hargrove stated that she did not think the General Ironworks mural should be listed under the Strategic Plan since it is not a Cultural Arts Commission project and the Commission is only helping with it. C. Painted Utility Boxes MOA Representative Tim Vacca gave an update on the painted utility boxes, noting that six potential sites have been identified. In regard to a timeline, Vacca said that he hopes to have a plan by next month's meeting and pending the City's approval, they can begin . Discussion followed regarding details to the program and working with art students from Englewood High School and Colorado 's Finest High School of Choice in designing and painting the boxes . The Board was told by Vacca that MOA will be funding the program with no cost or burden to the Cultural Arts Comm ission. Board members were told that the committee will make the final decision over the design. Kirkpatrick and Hopkins will be representing the Cultural Arts Commission on the committee. D. RiverRun Trailhead Art Board members were notified that the Department was successful in rece111 ... ~ Arapahoe County's Large Opportunity Grant in the amount of $500,000 for the RiverRun Trailhead Phase II project. Sack explained that the grant allows Phase I and Phase II to be consecutively completed . Sack spoke to the Board in regard to the expected completion date for the project being a year from now and that timing is now ideal to begin the selection of art. Discussion ensued. Kirkpatrick asked Sack how much he is asking for in funding. Sack explained to the Board that with the amount of trail users and the size of the project, they are requesting $20 ,000 with a match by the City which will give a total budget not to exceed of $40,000. Sack reported that there is $58 ,054.54 in the One Percent Fund and there are no other projects in 2016 with plans for art . A motion was made by Chairperson Kirkpatrick to appropriate One Percent Funds for the River Trailhead Art in the amount of $20,000. Sack told the Board that the motion needs to include a matching of funds by the City, with a total budget not to exceed $40 ,000. Vice Chairperson Hopkins amended the motion to include with matching funds by the City not to exceed a total budget of $40,000. Discussion followed. Kirkpatrick called for a vote. Ayes: Kirkpatrick, Hopkins, Emmanuel, Martinez, Skeleton Nayes: No Motion Passed. • • • • • VIII. Kirkpatrick asked for volunteers to serve on the selection committee. Representatives from the Cultural Arts Commission would include Kirkpatrick, Hopkins and possibly Commission Member Izzo . Committee Reports Art Bus In regard to last month's discussion on the art bus, Hargrove stated that the City is currently in negotiations with RTD regarding the future of the art bus . Hargrove recommended to the Board that they hold off on investing time and money until they know the direction the City will be taking. Parks and Recreation Commission Update Kirkpatrick reported that there is no update for the Parks and Recreation Commission due to there not being a December meeting. IX. Upcoming Events Vacca told the Board that the Museum of Outdoor Arts will be hosting an artist lecture with Joel Swanson on Saturday, February 6, 2016, 2pm, in Hampden Hall. X. Director's Choice XI . Board members were informed that at Monday night's City Council meeting, City Council approved Englewood Arts taking over the management of all non-City business of Hampden Hall. Discussion followed. Commission Member's Choice Martinez announced that she has been appointed the City Council Liaison to the Cultural Arts Commission . Martinez stated that Hope's Attic had reached out to her asking about a mural on the side of its building. Martinez told Young that she had talked to them about her and her students; explaining that they don't have a lot of money and want to work with local students. Sack and Vacca discussed the City's SCFD grant submission for 2016 . In regard to last month's discussion regarding what to do with dolls that Emmanuel had acquired, Emmanuel informed the Board that she has taken them to the Taos Head Start program in Taos , Pueblo. XII. Adjournment The meeting was adjourned at 7:07pm. Isl D. Severa Recording Secretary • • • !Ji Enyglewood City of Englewood CULTURAL ARTS COMMISSION Minutes of June 1, 2016 Present: Martha Kirkpatrick, Chairperson Bryce Alexander, Commission Member Tamara Emmanuel, Commission Member Melissa Izzo, Commission Member Tom Kruk, Commission Member Amy Martinez, City Council Member Dorothy Hargrove, Director of Parks, Recreation and Library Absent: Chrystie Hopkins, Vice Chairperson Kimberly Young, Englewood Schools Liaison Daniel Black, Youth Commission Member Also Present: Joe Sack, Recreation Manager I. Call to Order The regular monthly meeting of the City of Englewood's Cultural Arts Commission was called to order at 5:46pm by Chairperson Martha Kirkpatrick at the Englewood Civic Center, City Council Conference Room, 1000 Englewood Parkway . II. ~ Review of Agenda There were no changes to the agenda. Ill. ~ Approval of Minutes for May 4, 2016 Kirkpatrick asked if there were any changes and/or corrections to the minutes of May 4, 2016 . There were none . A motion was made by Commission Member Emmanuel and seconded by Commission Member Alexander to approve the minutes as presented. Ayes: Unanimous Nays: None Motion Carried. IV. Scheduled Public Comment V. Unscheduled Public Comment VI. Q New Business There were no items for New Business. VII. tJ Old Business A. June 2rt'1 Cultural Arts Commission at City Council Commission members discussed the presentation to City Council on June 27th regarding the Commission's accomplishments for 2015 to current. Discussion followed . B. 0 Performing Art Presentations Recreation Manager Joe Sack reported that staff is currently in the process of reaching out to performing art organizations. More information will be available for the July 6th meeting. Discussion ensued . C . EJ Music Camp Scholarships Sack reported that he did not have any information regarding the scholarships but that he would email an update as soon as information is available . D . 0 Painted Utility Boxes Tim Vacca , MOA Representative , reported that painting of the utility boxes has gone well. A fifth box is being painted that will be placed next to the Trolley with signage on the project. Vacca suggested that in place of a reception the students be recognized by City Council at a Council meeting. Hargrove would follow-up with Assistant City Manager Murphy Robinson . Discussion followed . V:U . Committee Reports A. Q RiverRun Trailhead Art Sack spoke in regard to Saturday's presentation for the RiverRun Trailhead Art • Project. Due to a short timeframe, Sack recommended that instead of waiting for a • month , commission members approve the Art Selection Committee 's recommendation by email. A motion was made by Commission Member Alexander and seconded by Commission Member Skeleton that approval for the Art Selection Committee's recommendation be done by email. Ayes: Nays: Unanimous Nays Motion passed. B .. ~ Parks and Recreation Commission Update Kirkpatrick reported on the May Parks and Recreation Commission meeting . IX. ~ Upcoming Events • Parks and Recreation Master Plan Open House, June 22nd, Belleview Park, 6- 8pm • Recreational Marijuana Community Input Forum on June 2nd , Hampden Hall , 6pm • Daniel Sprick, on location (film screening), MOA, June 16th Sack and Director Hargrove spoke in regard to summer programs for the Department of Parks , Recreation and Library. • X. ~ Director's Choice Hargrove reported: • • • XI. • She still needs to follow-up with Assistant City Manager Murphy Robinson and Vacca in regard to Mr. Robinson's proposal to bring art into the Civic Center. • The Library Board has agreed to fund the art for the Children's Wall that was presented by Hargrove at the April meeting. • Estimated completion date for the RiverRun Trailhead is the end of July. The grand opening is being scheduled for August. lfJl Commission Member's Choice Commission members shared updates from their professional and personal activities. Alexander reported that the Art Bus committee will start back up after the new members are on board. Commission members thanked Emmanuel and Izzo for their time and contribution to the Commission and wished them all the best. XII. El Adjournment The meeting was adjourned at 6:30pm. /das/ D. Severa Recording Secretary • Present: Absent: Other: • EflQlewood City of Englewood PARKS AND RECREATION COMMISSION Minutes of June 9, 2016 Douglas Garrett, Chairperson Mark Husbands, Vice Chairperson Karen Miller, Commission Member Allie Moore, Commission Member Jim Woodward, Commission Member Thomas Kruk, Cultural Arts Commission Liaison Dorothy Hargrove, Director of Parks, Recreation and Library Linda Olson, City Council Liaison Dagan Thomas, Englewood School Board Liaison Marta Mansbacher, Youth Member Joe Sack, Recreation Services Manager Dave Lee, Manager of Open Space Sara Stant, Program Administrator Youth General Allison Boyd, Recreations Programs and Facility Supervisor • (@ • I. Call to Order 0 The meeting was called to order by 5:30pm by Chairperson Garrett at the Malley Recreation Center, 3380 South Lincoln Street, 3800 S Lincoln St. II. Approval of Minutes 0 Garrett asked if there were any changes or corrections to the Minutes of May 12, 2016 . A motion was made y Commission Member Miller and seconded by Commission member Husbands to accept the Minutes of May 12, 2016 as presented. Ayes: Unanimous Nays: None Motion passed. Ill. Scheduled Public Comment There were no scheduled guests. ~ IV. Unscheduled Public Comment There was no unscheduled guests. 0 V. Malley Center Update e Allison Boyd, Recreation Programs and Facility Supervisor for the Malley Recreation Center provided an update on the Malley Center. VI. RiverRun Trailhead Art ~ Sack distributed information and a mockup of the art for the RiverRun Trailhead chosen by the RiverRun Art Selection Committee titled "Bird in Spire" Artists Latka Studios. The Cultural Arts Commission is also reviewing the proposal. Sack circulated a site plan showing the proposed placement of the sculpture. The location makes it possible for the sculpture to be seen from the shelter, river, and from the trail. Discussion followed. Sack asked for the Commission's approval of the art for the RiverRun Trailhead. It was the unanimous consensus of the members present to recommend "Bird in Spire" for the RiverRun Trailhead. VII. Introduction of Sara Stant ~ Sara Stant, Recreation Program Administrator for youth general programming was introduced. Ms . Stant has been with the City for three months and comes from Foothills Parks and Recreation. Ms. Stant told the Commission about herself and her youth programs . VIII. Arapahoe County Open Space Grants ~ Dave Lee announced that the Department was successful with both of its Arapahoe County grant applications: Phase II of the Englewood Parks Gateway Enhancement project and the renovation of Rotolo Park playground. Discussion followed . IX. Parks and Recreation Facilities Master Plan ~ Hargrove updated commission members on the Master Plan and Feasibility Study. Hargrove told the Commission that they are now in phase two of the Master Plan. Discussion followed in regard to three upcoming community meetings: June 22nd at Belleview Park from 6-8pm, July 7th Sounds of Summer Concert and July 12th at Cushing Park from 6-8pm. Sack stated that an update will be presented to the Commission at the August or September meeting. X. RiverRun Trailhead Update ~ Lee gave a report on progress made at the Trailhead site . Estimated completion date is second to third week in July. Lee informed commission members that a VIP celebration is being planned for August 25th from 5-7pm and a public dedication/celebration is planned for July 30th from 1-4pm. More information will follow. XI. Cultural Arts Commission Update Kruk gave an update on the June Cultural Arts Commission meeting. • • • • • • ·~ XII. Director's Choice . ~ Hargrove reported that she is working with staff to clarify procedures for park use. Commission members were invited to the June 22nd Jr. Golf BBQ . XIII. Commission Member's Choice 0 Moore asked in regard to the possible expansion of Pirates Cove and its impact to the Belleview Park nature area and a trail. Sack explained that they are still in the preliminary stages but the proposed project would minimally encroach into the nature area and would have no impact on the trail and other amenities. Sack also explained that improvements to vegetation, trees and fence are being proposed as part of the expansion. Discussion followed. Moore was encouraged to attend the June 22nd Open House. Moore spoke about an article in the American Journal of Preventative Medicine on a national survey of park use. Moore reported that only 4% of adults 60 and older use the park even though they make up 20% of the population and 57% of park users are males. The article talks about how to attract more users by providing facilities and equipment for older adults and for all genders. Discussion followed. Moore would forward the article on t: ::ammission members. Garrett spoke in regard to concerns with the Englewood Recreation Center track and the appearance of Parks and Recreation facilities and recreation classes are cancelled . Staff addressed Garrett's concerns. Board members shared updates from their professional and personal activities. XIV. Adjournment The meeting adjourned a 6:30pm. /das/ Recording Secretary • • • INTRODUCTION: City of Englewood Colorado Department of Parks and Recreation REQUEST FOR QUALIFICATION The City of Englewood, Department of Parks and Recreation in cooperation with the Englewood Cultural Arts Commission and the Englewood Parks and Recreation Commission is accepting qualifications from artists (or artist teams) for an innovative public art opportunity at RiverRun Trailhead. LOCATION: RiverRun Trailhead is located in the City of Englewood, Colorado, at 2101 W. Oxford Avenue. Englewood is a full-service city that is centrally located within the Denver Metropolitan area. With outstanding access, Englewood is ideally situated for residents, businesses, and visitors. Light rail transit and excellent access to the Denver metro area are among the many reasons that put Englewood at the crossroads to commerce. Englewood offers small town convenience with big city amenities and is home to 30,255 residents and 1,699 businesses. FACILITY INFORMATION/BACKGROUND: RiverRun Trailhead will be an attractive new venue on the east bank of the South Platte River at Oxford Avenue. The specific improvements include: a large covered pavilion, an outdoor plaza, gathering spaces, picnic tables, seating areas, a restroom and landscaping. This project emphasizes significant landscape reshaping to better orient the site to the water creating vibrant, new river-focused green spaces. Ultimately, this new park will be part of a larger 8-acre riverfront destination with whitewater features and other riverbank enhancements. The improvements will be a focal point and will serve over 100,000 local residents of diverse incomes and ages in need of outdoor spaces, particularly with water features. Many more regionally will benefit as well as this new park will be a key entry point to the Mary Carter Greenway, which is popular with bike riders and trail users. The overall goal is to transform a long-neglected reach of the river into a major, attractive, river-orientated destination. Included in this project is a major water recreation venue in the river with a beach and whitewater chutes that can accommodate rafters, kayakers, tubers and waders along with seat walls, overlooks, a nature-themed playground additional landscaping and parking. More information on this project can be found online at: http://www.englewoodqov.org/our- community/recreational-opportunities/parks-and-recreation/parks/parks-projects-update. (this link will be updated to show the maps and information about the art project before we submit this RFQ to the cafe website). PROJECT GOALS: It is expected that the final project when completed and installed will: • Engage the community by creating visual and interactive interest as a gateway piece to • draw people to RiverRun Trailhead. • Compliment the park renovations and revitalization of this space. • Contribute to the growing public art collection within the City of Englewood. PUBLIC ART PARAMETERS: The selection committee has set forth specific parameters for this public art project with the hope of creating a unique and inspiring work of art for those who visit and enjoy the benefits of the RiverRun Trailhead. ART PLACEMENT: The primary location for the artwork will be at located on the grass knoll adjacent to the bridge on the northeast side of the river. The artist, selection committee and City of Englewood will determine the specific artwork placement. MATERIALS AND MEDIA: This project is open to all materials and media. However this public art project will be exposed to th~ ext~~rne temperatures of Colorado weather, UV , physical stresses and subject to vandalism. This artwork should be fabricated of highly durable, easily repairable and low-maintenance materials. Power and or lighting should be factored into the proposal if needed. STYLE!THEME: The style of the piece should engage the native environment adjacent to the South Platte River. The artwork should be a gateway, place-making and landmark type of art that appeals to all ages. Established pieces are preferred to a commissioned art project due to time constraints. PROJECT FUNDS: The estimated budget for the artistic design, fabrication and installation is not to exceed $40,000 USO. ELIGIBILITY: Open to artist (or artist teams) residing in the western region of the United States, Colorado resident artists preferred. This RFQ is open to experienced professional public artists, including sculptors or other visual art professionals, qualified in the design, implementation, and management of installation costs for public art projects. Artists must be at least 21 years of age. MAINTENANCE, SAFETY, MATERIALS, LONGEVITY: Artist (or artist teams) must demonstrate a history of translating artistic concepts into material that are appropriate for public space, taking into consideration maintenance, safety, and longevity. The longevity or lifespan of the work and its maintenance to sustain excellent condition will be discussed at the outset of negotiations. Artist will take this into account including warrantee when developing and executing this project. SELECTION PROCESS: • • • • • The Committee consists of knowledgeable representatives from the art and design community, civic leaders, and citizens of Englewood. The committee will recommend a finalist at the conclusion of the review process. TENTATIVE TIMELINE: March 15, 2016: Call to artists for Request for Qualifications April 15, 2016: Artist application deadline April 29, 2016: Finalists are notified June 4, 2016: Finalist presentations to the Committee September/October 2016: Installation and dedication ceremony TO APPLY: Applications must be received by Cafe by midnight, Mountain Standard Time on April 15, 2016. There is no application fee apply or use the online application system. To view this call, go to http://www.callforentry.org/, register a username and password, navigate to Apply to Calls, and search the list for CITY OF ENGLEWOOD-RIVERRUN TRAILHEAD. Artist Teams applying will create a unique name for the team and share one password. There following materials will be required to be uploaded to Cafe:· • Letter of interest (2000 character max) outlining the artist's interest in this project and addressing selection criteria with references to previous artworks in public places. Include how you have worked with a design team and/or engaged community for any or your projects and other comments that might help to differentiate you as a candidate for this project. Applicant(s) may apply as single artist or team. • A current professional resume, uploaded as a PDF (2 page maximum) and artist statement. For team applications, include a 2 page resume for each team member that are combined into one PDF document. • Three professional references who can speak to the artist's ability to meet deadlines, work with the community, and create art as a part of a design team. Include name, organization, phone number and email. • Portfolio of up to 6 images of previous works. Please include the following (if applicable) for each image: The name of the artist(s), title of work, media, size, site, client and budget. Examples must illustrate projects within the context of a specific site. This information may be submitted as a separate document or may be inserted into each image caption on the Cafe website. INFORMATION: For additional information, please contact Joe Sack, Recreation Manager City of Englewood Department of Parks and Recreation jsack@englewoodqov .erg 303-762-2682 • CONTRACT FOR ARTWORK Contract Number CFA/16-30 $40,000 THIS CONTRACT is made and entered into this _day of , __ , by and between the CITY OF ENGLEWOOD, a Home Rule Charter existing under and by virtue of the laws of the State of Colorado, whose legal address is 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as the "City" and Latka Studios hereinafter referred to as the "Artist-Contractor". WHEREAS, the Artist-Contractor has submitted its proposal to the City on June 4, 2016 for the creation, and construction of one piece of artwork known as "Bird in Spire", hereinafter referred to as "Artwork" which is planned to be placed at the RiverRun Trailhead, located at the 2101 W Oxford Ave, Englewood, Colorado 80110. WHEREAS, the City has elected to accept the proposal of the Artist-Contactor, as proposed and presented to the City in the attached proposal; WHEREAS, the City and the Artist-Contractor mutually desire to enter into this Contract to purchase the "Artwork;" No--v;.·, T.iIEr~:rCRB, for the consideration herei11 exp ressed, it is hereby agrw<l upon by .lil.d between !he C:y and the Artist-Contractor as follows: l. • 2. 3. 4. 5. • The Artist-Contractor shall create the "Artwork" as above described which shall not differ substantially in texture or design and all other details from the submitted proposal as presented by the Artist-Contractor to the City of Englewood as shown in the attached Exhibit A. The "Artwork" shall be created and constructed by the Artist-Contractor at the Artist-Contractor's sole expense. The "Artwork" shall be completed and delivered to the City at a site designated by the City not later than specified in schedule as shown in attached Exhibit B, in substantial compliance with this Contract and the specifications and proposal presented to the City, unless otherwise agreed to in writing between the parties. A . The City shall install the artwork in its designated location. The Artist-Contractor will provide an installation plan and recommended maintenance as provided in attached Exhibit A. The Artist-Contractor shall provide recommendations for locations; however, the actual installation of the artwork in its designated location and the location itself shall be made by the City in its sole discretion. Subject to Paragraph 7 hereof, the City hereby agrees to pay to the Artist-Contractor Forty-Thousand dollars ($40,000.00) for all work contemplated by the terms of this Contract as follows: the City shall pay to the Artist- Contractor the initial payment of Twenty-Thousand Dollars ($20,000.00) within thirty (30) days of the execution of this Contract, and shall make a final payment of Twenty-Thousand Dollars ($20,000.00), upon completion of the project, and its acceptance by the City, said sum to be used to satisfy any and all legitimate claims of any workmen, subcontractors and material men which may have resulted from any facet of the performance rendered by the Artist- Contractor under the terms of this Contract. The Artist-Contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing it or its subcontractors with labor or materials used or performed in the prosecution of the work provided in this Contract, and agrees that it will indemnify and save harmless the City, and its officers, agents and 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org employees to the extent of any payments in connection with the carrying of any such contracts which the City may be required to make under law. 6. Partial and full lien waivers shall be provided to the City by the Artist-Contractor with regard to payments made to • all subcontractors, workmen, and materialmen used by Artist-Contractor. 7. The Artist-Contractor expressly agrees to be liable for all costs, risks and expenses incurred by the Artist-Contractor to comply with the terms of this Contract and no part of the costs thereof shall be charged to the City. 8. The Artist-Contractor is, for all purposes of this Contract, an independent Artist-Contractor and nothing herein contained shall constitute or designate the Artist-Contractor or any of its subcontractors, employees, agents or otherwise as employees or agents of the City. 9. The Artist-Contractor and the City agree that this is contract for expert individual artistic services and that this Contract is not assignable by the Artist-Contractor. 10. Upon commencement of the performance by the Artist-Contractor on the Artwork, all rights, title and interest in the Artwork shall expressly vest in the City . The City of Englewood shall be the sole owner of the Artwork and the Artist-Contractor hereby expressly waives any and all rights, title, and interest in the Artwork; provided, however, that: A. The parties acknowledge that the value and proper maintenance of a work of art , unlike that of any ordinary property , will affect the future value of other works or art by the Artist-Contractor. B. Therefore, the City agrees that it will not intentionally destroy, fail to maintain, damage or otherwise alter the Artwork in any way whatsoever after its completion, without the approval of the Artist-Contractor, provided however, that any approval by the Artist-Contractor shall not be unreasonably withheld. This shall not preclude the complete removal of the Artwork or any part thereof by the City at the City's sole discretion. C. The City further agrees that, in the event of damage to the Artwork, the City will make all reasonable efforts • to contact the Artist-Contractor prior to the commencement of any repair or restoration work; and , D. The Artist-Contractor waives rights to control and all financial advantage from photographing or otherwise displaying the Artwork and the City agrees to give credit to the Artist-Contractor when the City is reasonably able to do so including any plaque, press releases or brochures. Both parties may use photographs and models of the project, provided that such photographs and models state location of the project and identifies the Artist-Contractor. E. Intellectual Property. The parties acknowledge that the Artist-Contractor owns all copyrights and all intellectual property rights to the designs utilized for the Artwork. The Artist-Contractor agrees not to reproduce the design of the projects within 150 miles of the City. 11 . The Artist-Contractor hereby expressly warrants that the work to be done by it , pursuant to this Contract, shall be done in a good and workman-like manner and constructed with materials as specified by the Artist-Contractor in its proposal to the City and that the Artwork shall be fully warranted upon completion and acceptance by the Englewood Parks and Recreation Director, a representative of the City 's Cultural Arts Commission and the Englewood Public Work 's Director, or their designees for a period of twelve (12) months, commencing upon the completion and installation of the Artwork. During this period the Artist-Contractor agrees at any time to repair or replace, to new condition, any defects in the Artwork, whether caused by failure of the materials or defective workmanship. Except as otherwise agreed between the parties, the Artist-Contractor agrees to provide all materials and labor for the repair of the Artwork at no additional cost to the City. 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org ('l"A. lh-\0 r\1t1\01;.. Con strw.:11011 one piece titled "Bird Ill Spire·· • 2 12. • 13 . 14. 15. 16 . 17. 19. • The Artist-Contractor shall take all reasonable action necessary to protect persons and property from injury or loss, throughout the creation and construction, and the Artist-Contractor shall hold the City, its. officers, agents and employees, harmless from and against all claims, demands, liability, damages, suits, actions or causes of action, of any kind or nature which may be brought or asserted against the City, its officers, agents and employees, arising from the Artist-Contractor's or its subcontractor's failure to perform in compliance herewith. The Artist-Contractor shall maintain liability and workmen's compensation insurance in the amount of One-Million Dollars ($1,000,000.00), with the City names as an additional insured, during the manufacturing, installation and warranty period and shall provide proof to the City before commencing the Artwork. The Artist-Contractor shall procure all permits and licenses and pay all required charges and fees at his sole expense. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such as invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. Termination. If the Artist-Contractor fails to perform any of his duties under this Contract or if the completed work of art fails to meet the specification shown in the request for proposal and the Artist-Contractor's proposal, the City may, without prejudice to any right or remedy and after giving the Artist-Contractor seven (7) days' written notice, terminate this Contract with the Artist-Contractor and may finish the Artwork project by whatever method the City may deem expedient. In such case the Artist-Contractor shall not be entitled to receive any further payment until and unless the work is finished. If the City decides to finish the project and if the unpaid balance of the Contract sum exceeds the costs of finishing the Artwork project, then such excess shall be paid to the Artist-Contractor. If such costs exc6t:d the uupaid balance, the· Artist-Contractor shal~ pay the difference tu the City·. No Conflicting Agreements. Each party hereto represents and warrants that they are not a party to any contract, agreement or understanding with any other person or entity that would prevent such party from entering into this Agreement. Governing Law. The terms ofthis Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Any litigation to interpret or enforce the terms of this Agreement shall take place in Arapahoe District Court. Binding Agreement. The terms and conditions of this Agreement shall bind and inure to the benefit or detriment of the parties hereto, and their respective successors and assigns. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 ('F \, f (1 •. 10 A1 1wmk Con'>tnu:t1on one piece titled "BH'cl Ill Spue·· IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By:~-------------~Date: ____ _ (Department Director) (City manager) By: ______________ Date: ____ _ (Mayor) City Clerk Latka Studios (Artist's Name) zz.q M iow;A-f #L Address "?'lA~lO C.fJ . ~iooL/ (Print Name) Title: __ ~-------~--............,....._ __ Date: 7 J ,21 J 2IJ / fp -----1'7------~7-------~ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CF A/16-30 Artwon: Construcl ion one pi ece ti lled "'B ird Cn S puc~ • • • STATE OF to\oV'acl() ) SS . • couNTY o;yu~ IO • On this Qli ~ day of -"1 \A.\:\ , 2016, before me p~lly a~peared -'i-e~ V:d Ka __ ,known to me to be the U\ f~~'f of LoJ\(o ~u.CJ 10 5 , the 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 : Lo } J LD J '1LJ I ~ NATALIE N MENDEll NOTARY PUBLIC· STAlE OF COLORADO My ldenliflcattoo # 20024028712 Expires June 16, 2019 %M2Wf~ NOTARY • 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CF A/16·30 J\Ji work Construction one pi cx.c: 1il)cd "B ird in Sprrc · EXIDBITS The following exhibits, certain of which are attached hereto, are incorporated herein and made a part of this Contract: Exhibit A. Artist-Contractor Design (i) Design Description and Diagram BIRD IN SPIRE stands 12 feet tall, is three and-a-half feet wide at the top, and one foot thick. The sculpture narrows down to a base that is three feet wide and one foot thick. It is constructed from concrete and will have areas imbedded with recycled and fused glass. Inserted into the top of the sculptures is a welded metal 'wing' that is 5' tall and pierced with a design pattern. This 'wing' structure will be lit with LED lights . At night this light will serve as a beacon, casting a soft glow within the sculpture and be visible to those walking past the sculpture. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org ('I··\ lh· W ,\11\.ork Constrw.:11on on~ piece iltled "Bird Ill Sp u ~·· • • • 6 'f .t :l Hi ' < ...... :a I ~ ±it • i-1'6!1 411 Jf6'' 1 12' Ca st C cu,(rt:'t e Sid.>"'- J ~ , , 1-2'-.:.... Tiie Castilig of Sc11/pture _.--Hf'(VCl"'d Gl•n ''Bird In Spire/' Artists Lat/uJ Studll>s 21116 _,,.,.,..._.... ----Coblad rlber fefon:ie-tl <..onue1e ,---------------. ,:__._. Conc:te1u vee not Ce.t-UnlJ t1.un9d o-ror sand I "'"'''"'"' •\?" L--• G<>nl:f11Ul WtMIOf ~ _.·-·-~Ji: _____ *4,c;vc.111.d Glass ?''Q~ ;31.8 fVbu-1 C.fl e"" w n•o,. I I 12 below IOp ~~c ·-eonc: ............ , ""' SllmP I• of Co11m11~ anu.t...., s~/'o' Glu.• •nwld ~~;:_,-~,., 9~ ... ,~~ • • (ii) Materials Description The body of Bird In Spire is made using concrete, concrete stains, fused glass, ceramic tile and recycled glass. The 'wing' of the sculpture is made from eleven gauge steel that has been powder coated colored to the artists specifications of a patina color. The 'wing' will be lit using LED string lights, estimated at 50,000 hours. The rope lighting is a weather sealed , outdoor rated, and long life LED product. The lights come in a clear vinyl tubing and will attach to the 'wing' by clips located under the perforated design areas. The ceramic ''water tile" is made at Latka Studios. The concrete is mixed and poured into the sculpture using Transit Mix of Pueblo , Co. 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org (TA I fl· HJ ,\it\1101 k C'nns1rurtmn on~ piece 111l~d "Bud in Spire·· • • • (iii) Paint Specifications and Samples .he concrete stains, glass, recycled and tumbled glass, ceramic tile, and metal wing will not fade or discolor over time. The color of the wing is a burnt sienna, yellow ochre that is powder coated. The colors used for the recycled glass are: Turquoise Terrazzo Teal " " Dark Blue Clear Plate " Cranberry " Pink Champagne Terrazzo The contact information for the recycled glass is: American Speciality Glass 829 N 400 W North Salt Lake, UT 84054 Phone: (801) 294-4222 Toll Free: (877) 294-4222. The sculpture is sealed with Sherwin-Williams Anti Graffiti Coating and is available at any Sherwin-Williams store. A The fused glass will be made from Bullseye Glass Wwhite0113 • Red 1122 Yellow 1120 Spring Green 1426 Aquamarine Blue 1108 Turquoise Blue 1116 Light Sky Blue 1414 Amber 1137 The rope lighting is a weather sealed, outdoor rated, and long life LED product. The lights come in a clear vinyl tubing and will attach to the 'wing' by clips located under the perforated design areas. The lights are purchased from www.affordablequalitylighting.com . For the concrete body of the sculpture earth tone combinations of burnt sienna, yellow ochre , various shades of burnt umber and black. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CJ-,\ I()-rn ,\11\..,ork ('0 11s11 uc11on one p11!ce titled "'Bird m Sp ire·- 9 (iv) Required Maintenance • MAINTENANCE All of the surfaces are easily maintained. We recommend power washing the sculptures every few years to remove accumulated dust and dirt. The concrete and glass will not discolor. We apply a graffiti coating over the concrete that washes away spray paint should graffiti occur. The coating must be reapplied and can be painted on with a brush. The light in the wing section w ill last up to 50,000 hours. On the back side of the 'wing' is a removable panel held in place by machine screws for easy access for lighting maintenance. Latka Studios uses the Sherwin-Williams Anti-Graffiti Coating* product to protect the sculpture. The artists are willing to come and inspect sculpture every three years, for six years , a total of two site visits. 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org ( T .\ J h· lO Ar l \\ork ('on ~t1uctton one p1t?ce t1tlt?d "Bird 111 Spire '' • • IO • • • (v) Map Location River Run Trailhead -LOCATION #2 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org ( I'\ I h-iO A11wor~ Co ns1ruc11trn one p1~e titled "Bird Ill Spire" II :- ~ ~ "" ~ " ~ oi " f "· ;:::; ..... 0 0 0 m :::J <C ~<D w :E Oo w 0 ~a. ~-u Nill ~[ Oil> o~ ~~ . ro ~ :E <C 0 ro 8. :E - 0 () 8. Q. <C 0 0 .... <Ill . a. 00 «3 ex> 0 ..... ..... 0 N VJ -..J w • ,..,.., .. ~· .._ -- • • .., OU ST 11l\il'(C!;S.--,,'.:.l'.- B~0Gt: . · ·-;;rJLr W-,+m0 'ii-1... LAYOUT/GRADING NOTES PL _:\TTE Rl .V{'R --,4t<:r t.cd..rrr6~) #7- COIPff4CT~ TO C:.CAR A.ND ~e ·..tcc.1.:icr1 Fi:tOM PP.Of>CS(O t~--~-!Im P't.M TO GRADING .l.'lO IHSTA.i.l'"IC !RA!!. 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"'~"" ll 1) it-Ji 2!. ~~~ "> -1 ' ~~~ iq t) 'Z z. ~~ Ji ~ ~ ~~ ·~ !l zi it:- ij ~£ I~ i • ~ 13 ( T ,\ I C1-l0 Artwork Construct1on o1 1c piece llllt:d "Bird in Sp it'!! .. (vi) Installation Plan and Requirements 'Bird In Spire' will be fabricated in Pueblo, Colorado at the artist's studio. When ready for installation, the sculpture will be placed on a flatbed truck and delivered to the River Run Park site. From there it will be removed from the truck using a fork lift, transported across the parking lot, through the plaza to the location. The estimated weight of the sculpture is 2200 pounds. The foundation for the sculpture will have been installed a month prior to the sculpture installation. The foundation will be installed by the contractor for the project, Naranjo Construction Co. When the sculpture is at the location, the forklift will set the sculpture on the foundation, aligning the electrical conduit and the metal plate in the base of the sculpture to the electrical conduit and metal plate on the foundation. The metal plates will be welded together by a licensed welder and the sculpture will be supported by the forklift during this process. Once complete, the forklift will leave and a licensed electrician will fish the Romex electrical wire through the conduit and connect it to the junction box in the 'wing'. The 'pick-up' points used to transfer the sculpture will be removed and the surface area at these points will be concealed using concrete and concrete stains, and then sealed with the sealer. • Installation is complete • 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org { 'F , \. I h-lO ;\1 t\qH~ Con<i!J m:11011 0111! p11!c1! 111led "Bml m Spi1 e·· • 14 • (vii) List of Subcontractors and Suppliers providing materials and/or labor for the production of this Artwork. Marita Casper, structural engineer 719-251-1010 Sherwin-Williams Paints for the sealer American Speciality Glass for the recycled glass Bullseye glass for the fused glass Latka Studios for the ceramic tile Lowes Hardware for the #3 and #5 rebar that is used in the sculpture and the foundation. Transit Mix Concrete Co. for the concrete Gary's Crane service for the lifting of the sculpture Glenda Deshon • Farm Bureau Insurance Co. 719-583-0552 • glenda.deshon@cfbmic.com 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org l'F,\ [(,.10 Arl\\ork Co11s1n1ction one piece lltled "Bird 111 Spire·· 15 Exhibit B. Artist-Contractor Schedule June 22 Get foundation drawings from engineer June 29, 2016 Begin constructing forms for sculpture, complete contract and send to Joe Saks July 7-9, 2016 Deliver foundation plate to contractor at site. Complete contract negotiations July 12th contract signed Upon approval of signed contract 50% payment will be received from artist. Lay out forms, set rebar, pour concrete. Compose fused glass element. July 18-29 Apply concrete textures to sides July 31 Turn over sculpture, apply recycled glass, ceramic tile, concrete textures, fused glass August 5-7 Seal sculpture with sealants. August 22-24 Installation of sculpture at site. 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org ('F.\ · 16-.lO A11\\·01 k Co11s11 uc11on 0111! pll!Ce titled .. Bird 111 Sp11e "' • • • 16 Exhibit C. Artist-Contractor Certificate of Liability Insurance • • • 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org CT\ I C1 -HJ .\tl\\llrk Con<iln11.:uo n ont! pi~c~ ntl~d "Bird 111 Sp 11 ~ .. 17 ACORDfiJ CERTIFICATE OF LIABILITY INSURANCE I DAT! (MM/DDIYYYY) L __.-07/05/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rlahts to the certificate holder In lieu of such endorsement(s). PRODUC!R NAM~~--Bobbi Pearl-Banks AMJ Insurance, Inc. rlJgNJo ""': (317)735-4072 I rffc Nol: (800)852-6810 7150 Winton Dr, Suite 300 !-MAIL bpearlbanksclllamHns .com ADOREAS: Indianapolis, IN 46268 INSUR!RCSI AFFORDING COV!RAG! NAIC# INSUR!RA : Th~ 1-1,.rtfnrd INSURED LATKA STUDIOS INSUR!R B: Proaressive JEAN B LATKA INSURERC : 229 MIDWAY INSUR!R D: PUEBLO, CO 81004 INSUR!R!: INSURERF : COVERAGES CERTIFICATE NUMBER· 00000000-29980 REVISION NUMBER· 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT . TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . l~f~ TYP! OF INSURANC! HUUL IW'V'O' POLICYEFF POLICY EXP LIMITS •~•n POLICY NUMBER .. A H=iMERCIAL G!N!RAL LIABILITY 36 SBM AR7523 03/14/2016 03/14/2017 EACH OCCURRENCE s 1 000 000 CLAIMS-MADE D OCCUR PREMISE~ ~E;~~nce l $ 50 000 MED EXP (Any one pemnl $ 0----------------I PERSONAL & AD V INJURY : 1 OOciOOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2 000 000 M DPRO-DLOC PRODUCTS • COMP /OP AGG s 2 000 000 POLICY JECT OTHER: s B AUTOMOlllL! LIAlllLITY 02836765-0 dMHON•• ~•N1>LE LIMIT s 1000000 03/14/2016 09/14/2016 <Ea occident\ ,._ ,.X. ANY AUTO BODILY INJURY (Per person) s OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY f--AUTOS HIRED NON-OWNED ~n~?~~~~~?AMAGE s ,._ AUTOS ONLY f--AUTOS ONLY s A ,.X. UMllR!LLA LIAll l-x-1 OCCUR 36SBMAR7523 03/14/2016 03/14/2017 EACH OCCURRENCE s 1,000,000 EXCESS LIAll I x CLAIMS-MADE AGGREGATE s 1 000,000 OED I I RETENTION $ s WORK!RS COMP!NSATION I ~f~TIIT~ I I 2JH· AND !MPLOY!RS' LIABILITY y I N ANY PROPRIETORIPARTNERIEXECUTIVE D E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE S If yes, desc rl b• undtr DESCRIPTION OF OPERATIONS belo w E.L. DISEASE· POLICY LIMIT s DESCRIPTION o~ OP!RATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarlts Schedule, may be attached If more space Is required) City of Englewood is listed as Additional Insured. CERTIFICATE HOLDER City of Englewood CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . BPB All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by BPB on July 05 , 2016 at 10:26AM (TA If,-lo ,\rl\VOI k c_·onst1uc11on one piece 111led "Bird in Sp ire ·· • • • 18 Exhibit D . • • • Artist-Contractor completed W-9 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org er-·VI 6-JO :\!t\\·Ork (onslntCCIOll one piece titled "Bird in Spire ·· 19 .-.. . .:.W•9 ; .... ··~~·· -,.,,....,_;.tr• .• ,""°" ~.l ........ ~ .,.,.t.o _ . ,...,. .. ~Do'* -·u• .. •· t •~ .... -~1lrtt ...:...___ : ; •• .,... ....... " .... -tAl(li.t.,.,.....,, {:ZU,.jf --~ idil._ J~-~~~~.~,-~-. ~-·· ... .~·~-- r '"'"~' rt-1'1 ,.,.,_ ~--~-ll'l:t -~~nutr nlldt"k r-.-. ~..,Cl"' n '"-"=" -W-. l .;1 ~tr.n~.....,..~ fl~~ tol'I "'*'~~ ~ 112.M t !OM..,., --· ,,..~ ........ llM ~~-<If :111NJWdad•1.t't. Nl'l1'~1 l'litr-='t....,,<:rr .PI-~ f':ir3"'0" ::!""'-t e ~~'1'9 ~(..,.... •f!\'lt if <'!'A.l •Jll f<tl'WM -~ ·-!ttf':l ,..CI .'W·<:JI'! l'l/lll~l. . 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Wl'V.~!Ut-4 •-! ~ ~ '4;111 "*+~<r , :""»-'! f"o.>T...,,.~-.. ~ • • • 20 COUNCIL COMMUNICATION -~~~~~~~----.-~~~~ Date Agenda Item Subject August 15, 2016 11civ Centrifuge Repair and Rebuild Project -Award of Purchase Order INITIATED BY Littleton/Englewood Wastewater Treatment Plant Supervisory Committee STAFF SOURCE Chong Woo, Engineering/Maintenance Manager Dennis Stowe , WWTP Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval of the 2016 Littleton/Englewood Wastewater Treatment Plant Budget. RECOMMENDED ACTION The Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Supervisory Committee recommended at its meeting on July 21, 2016 that Council approve , by Motion , a purchase • order for the repair and rebuild of one ( 1) Centrifuge (CEN-06-515) located at the LIE WWTP . Staff is recommending an award of purchase order to the lowest reliable and responsive vendor, Centrisys Centrifuge Systems, in the amount of $79,000.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The LIE WWTP utilizes a total of three (3) Pennwalt Sharples model PM75000 centrifuges to process digested sludge for its dewatering operations . Centrifuges remove liquids from the digested sludge stream to transform sludge to biosolids. Currently, biosolids are transported to offsite farm sites located in eastern Colorado for beneficial use land application. Biosolids are used as fertilizer for dryland wheat and corn. Centrifuges consist of two main mechanical components (bowl and back drive). The centrifuges were originally purchased in 1985 . In 1996, they were upgraded with new Rotodiff hydraulic back drives (model 1080T) and new control systems. Centrifuge CEN-06-515 is in need of refurbishment. Routine preventive maintenance have been conducted since installation with no major corrective or repair activities . However, digested sludge consists of abrasive materials that can cause damage to the centrifuge internal components. This damage is with in normal and expected wear for equipment of this s ize and type . The repair and rebuild will consist of the complete mechanical train, which includes the bowl centrifuge and hydraulic back drive . Refurbishment is recommended in lieu • of complete replacement as a cost savings alternative to extend useful life , restore to like-new conditions , and maintain performance. The replacement value for a new centrifuge and back drive is estimated at $800 ,000 . Centrifuges are highly complex, precision machines requiring specialized repair equipment and detail. Quotations from qualified vendors were solicited, with pricing received as tabulated • below: ANDRITZ Separation Inc, San Leandro, CA $76,610 .00 Centrisys Centrifuge Systems, Stockton, CA $79,000.00 ANDRITZ Separation Inc. was the apparent low quote. However, ANDRITZ would not agree to the City's standard terms and conditions of the purchase order contract, specifically the Warranties and Limitation of Liability sections. Centrisys Centrifuge Systems was the next low quote. Based on our review, Centrisys's quote is responsive and complete. Centrisys is an industrial manufacturer of dewatering and decanting systems and has been in business since the 1980s. FINANCIAL IMPACT The Centrifuge Repair and Rebuild Project was included in the 2016 Budget. Costs will be shared by the Cities of Englewood and Littleton. LIST OF ATTACHMENTS Centrisys Quotation • • • • • Send to: Don Ekstein Date : 07 -06-16 E-mai l: dekstein@englewoodgov.org FaxNr: Repair Estimate of PM75000 Centrifuge and 1080T Rotodiff For City of Englewood Wl .S C ON.S I N 0 F T H E Y E A R An ISO 9001 :2008 Company Opp# 06856 Attn: Don Ekstein Littleton Englewood WWTP 2900 S Platte River Drive Englewood, CO 80110 July 6, 2016 825 Performance Drive Stockton, CA 95206 Phone: (877) 339-5496 Fax: (209) 983-0888 www .centrisys.us info @centrisys.us • 1. CENTRIFUGE REPAIR PRICING MINOR 1. Dismantle, clean and inspect 2. Precision measure all fits and tolerance within .0001" 3. Provide report with digital pictures 4. Check run-out on all components 5. Crack check headwalls 6. Replace damaged hardware 7. Replace bearings and seals 8. Hi-speed balance bowl 9. Hi-speed balance scroll 10. Tension bar non-destructively tested 11. Reassemble Repair of centrifuge: .................................................. $ 43,000.00 2. CENTRIFUGE REPAIR PRICING -MAJOR REPAIR 1. Dismantle, clean and inspect • 2. Precision measure all fits and tolerance within .0001" 3. Provide report with digital pictures 4. Check run-out on all components 5. Crack check headwalls 6. Replace damaged hardware 7. Replace bearings and seals 8. Chrome and grind LE and SE headwall bearing areas 9. Replace ten (10) carbide tiles in the bowl 10. Replace bowl wear ring and hardware 11. Replace eight (8) bowl wear sleeves (nozzles) 12. Replace wear compound in accelerator 13. Replace ten (10) scroll carbide tiles 14. Repair flights 15. Balance bowl 16. Balance scroll 17. Tension bar non-destructively tested 18. Reassemble Repair of centrifuge: .................................................. $ 66,000.00 • F-7.5.1-008-02 Page 2 of 4 • • • 3. BACKDRIVE REPAIR -MINOR 1. Dismantle, clean and inspect 2. Replace bearings and seals 3. Reassemble 4. Test Repair of Backdrive : .................................................. $ 5,000.00 4. BACKDRIVE REPAIR-MAJOR 1. Dismantle, clean and inspect 2. Replace bearings and seals 3. Replace (30) rollers 4. Recondition cam 5. Lap sealing surfaces on the distributor and rotor 6. Replace transfer seal 7. Reassemble 8. Test Repair of Backdrive: .................................................. $ 9,000.00 5. FREIGHT 1. Estimated freight charges from Englewood, CO to Stockton, CA 2. Estimated freight charges from Stockton, CA to Englewood, CO Freight Charges : ....................................................... $ 4,000.00 This estimate is based off past repairs. Centrisys has not seen the machine. Once the machine is received in our shop we will complete a full inspection report and updated accurate estimate . For budgetary purposes the below total amounts are a not to exceed amounts and include the estimated cost for freight charges. If it is discovered during inspection, that additional items are worn or damaged, a new quote will be issued with repair options and repairs performed upon mutual agreement of scope and charges. TOTAL MINOR REPAIR: ...................................... $ 52,000.00 TOTAL MAJOR REPAIR: ..................................... $ 79,000.00 F-7.5.1-008-02 Page 3 of 4 6. TERMS: Terms: Net30 Delivery: 6-8 (six to eight) weeks from arrival in our shop (ARO) 45 (forty five) working days from notice to proceed FOB: Stockton, CA Warranty: 1 (one) year on repaired/replaced parts Quote valid for 30 days. Centrisys reserves the right to adjust this estimate. If you have any questions please give us a call. 209-983-0800 F-7.5.1-008-02 Page 4 of 4 • • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 15, 2016 11cv Purchase 2016 Elgin Pelican Street Sweeper Initiated By: Staff Source: Department of Public Works Larry Nimmo , Right-of-Way Services Manager Pat White , Fleet Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 2010 , Council approved Public Works' memorandum to replace sand and salt with ice slicer for snow fighting operations . A primary goal of this action was reducing particulates in the air generated from the sand in order to comply with the requirements defined by the State of Colorado and DRCOG. RECOMMENDED ACTION Staff recommends that City Council approve , by motion , the purchase of a 2016 Elgin Pelican Street Sweeper in the amount of $190 ,605 from the lowest acceptable National Joint Powers Alliance (NJPA) vendor, Faris Machinery. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the June , 2010 memorandum to City Council , "Winter De-Icing Alternatives ", staff highlighted cost savings related to the implementation of ice slicer; a reduction in necessary street sweeping, while still meeting DRCOG requirements . To accomplish this savings , one of the full- time sweepers was eliminated , leaving one full-time and one back-up sweeper. In 2011 , due to an increase in citizen complaints , staff began utilizing the back-up sweeper on an as needed basis ; increasing the number of hours used to equal that of a full-time sweeper. Now, in 2016 , the ramifications of this decision have resulted in a worn out street sweeper, requiring major repair, at the end of its useful life. Staff identified one alternative to reduce current sweeping levels and three alternatives to maintain the current sweeping levels in the City . The first involves the repair of the existing sweeper, the second examined sub-contracting out the service, and the final alternative is the purchase of a new sweeper. The first alternative identified is a reduction in the street sweeping level of service. Though this is a possibility, will the lack of sweeping provide for an "Attractive , Engaged , Inclusive and Welcoming Community with Desirable , Livable Neighborhoods?" As stated in the background section , employment of the back-up sweeper arose from citizens' dissatisfaction in the cleanliness of the streets . Fleet Manager Pat White evaluated the possibility of repairing this back-up sweeper. His final • determination of the cost clearly demonstrated the sweeper had reached the point on the maintenance to depreciation curve where total repair and maintenance costs exceeds the vehicle's purchase price , confirming repair was no longer a viable solution . Further repair costs can be expected due to the age and hours of use required of this piece of equipment. Staff contacted three street sweeping service companies , obtaining prices that ranged from $105.00 to $145 .00 per hour. All companies utilized the truck mounted equipment. Th is type of equipment's effectiveness is limited by the longer turning radii of a truck not allowing adequate maneuverability between parked cars , presenting a challenge for non-scheduled sweeping . The final alternative involves the purchase of a new Elgin Pelican Sweeper for front line use , with the understanding the City will no longer retain the benefits of a back-up sweeper. In this alternative , based on the purchase price , maintenance cost , and current fuel and actual operator costs , the hourly rate for operation would be in the $105.00 dollar range. This model sweeper has provided the City years of reliable service , with the ability to overcome many of the challenges Englewood streets present. ANALYSIS In the final analysis of the four identified alternatives , staffs experience indicates the first solution does not meet the City's current vision for the community , and therefore is not viable. Analysis of the second alternative does not provide for a long term sustainable solution , and may be viewed as throwing good money after bad. Sub-contracting the service was thoroughly explored , but for approximately the same hourly rate , the non -productive cost from lost time due to daily mobilization and demobilization , reduction in emergency response time , flexibility, and customer service , staff contends th is is not an effective alternative . The final alternative, the purchase of an Elgin Pelican Sweeper, provides the City a cost effective solution when comparing the hourly rate to subcontracting the service ; as well as the most efficient methodology as verified by City staff's extensive knowledge of trouble areas and routing. Additionally , a GPS system has been added to the City 's sweepers , with the final outcome of providing citizens the ability of determining when a sweeper last passed through the area. FINANCIAL IMPACT This purchase of the Elgin Pelican Sweeper was not ident ified in the 2016 approved budget , and is an unanticipated expenditure. Faris Machinery , through the NJPA, provided the lowest acceptable proposal of $190 ,605. Funds are available in the Capital Equipment Replacement Fund (CERF) for this purchase . LIST OF ATTACHMENTS Sweeper Specifications Equipment Proposal • • • • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES NJP A (National Joint Purchasing Association) award for Street Sweepers MANUFACTURER OF VEHICLE Elgin MODEL OF VEHICLE Pelican NP AIR CONDITIONING YES AUTO MA TIC TRANSMISSION YES POTvVI:R WINDOWS YES POWER DOOR LOCKS YES 4 WHEEL DRIVE YES FLEX FUEL OPTION YES CERF REPLACEMENT YES NEW ADDITION TO FLEET YES NO NO NO NO NO NO NO NO DEPARTMENT VEHICLE ASSIGNED TO 021003 Right of Way Services COMMENTS : This unit will replace Unit 3319, a 2009 Elgin Pelican Street Sweeper, that was held over and eliminated from the CERF Program due to operational changes and budget reductions. This unit was to be used as a reserve unit, only to be operational when the primary response unit was in for repair. Due to citizen requests, this unit became a front line unit. It had exceeded its normal life in years of service and maintenance and repair dollars expended. This unit needs major repair work and the determination has been made that these dollars should not be expended on this unit. The replacement unit cost is $190,605.00 and it will be put back in the CERF program for future replacement. FARIS MACHINERY TOUGH JOBS I TOU~H MACHIN£$ June 7, 2016 Mr. Pat White City of Englewood 2800 S. Plate River Drive Englewood, CO 80110 Dear Pat: 5770 East 77th Ave Commerce City, CO 80022 01303 289 5743 f 303 287 9273 2269 Commercial Blvd Colorado Springs, CO 80906 0 1719 527 1016 f 719 527 1019 Proposal \'{l e are pleased to quote NJPA prices on the following Elgin Sweeper farismach lnery.com 772 Valley Court Grand Junction, CO 81505 0 1970 242 4997 f 970 242 4783 One -Elgin Pelican NP Street Sweeper v.rith all standard equipment and to include dual side brooms, John Deere 4045TF 74hp diesel engine and high front dump hopper. Requested Options: Trade-In Terms: Delivery: Pelican Operator's Manual Pelican Parts Book Eigin Safety Manual Elgin Service Book Hydraulic Level & Temperature Shut Down Lower Conveyor Roller Flush Conveyor Stall Alarm Two LED Strobe Lights v.rith Guards Quick Disconnect on Fill Hose Al'vf /FM /CD Audio System In-Cab Broom Tilt on LH Broom w /Indicator In-Cab Broom Tilt on RH Broom w /Indicator Bostrom Air Ride Seat on RH Side Locking Tool Box w /Hose Basket \X'hite Paint Price FOB Englewood, CO-------------------------------------------- Less NJPA Discount Price FOB Englewood, CO-------------------------------------------- Less Faris Machinery Preferred Customer Discount Total Price FOB Englewood, CO------------------------------------· None. Net 30 da ys after receipt of the invoice. 18 to 20 weeks after receipt of the order. All prices are firm for 30 days from the date o f the quote . Page 1 of 2 $201,+00.00 ($6,045 .00) $195,355.00 ($4,750.00) $190,605.00 • • • • • • FAFllS MACHINERY tOUGH JOBS I TOUGH MACHINE& 5770 East 77th Ave Commerce City, CO 80022 01303 289 5743 f 303 287 9273 Thank you for the opportunity of quoting this equipment. Sincerely, FARIS :rvL\CHINERY CO;\IPANY Steve Brooks District Manager Cell Phone# e-mail Address : By: 720-612-9766 steve.brooks@farismachinery.com 2269 Commercial Blvd Colorado Springs, CO 80906 0 1719 527 1016 f 719 527 1019 City of Englewood farlsmachlnery.com 772 Valley Court Grand Junction, CO 81505 0 1970 242 4997 f 970 242 4783 This order is not binding until accepted by Faris Machinery Company, and is subject to terms and conditions set forth by Faris Machinery Company . No additional conditions , agreements or modifications to the terms herein shall be accepted by Faris Machinery Company . Quote#: EL-PEL-ENGLEWOOD-05060716 Page 2 of 2 Elgin Sweeper doesn't offer just one sweeping technology -we take an application- based approach to solving our customers sweeping needs. Our team works with each customer to ensure that you get a machine that fits your specifications, with the right chassis, engine configuration, fuel requirements and options. Elgin Sweepers are built for clean, backed for life. Through- out the life of the sweeper, we offer training to your team on proper use and maintenance . We have a world-wide network of experienced dealers with factory trained technicians and a local stock of OEM parts and accessories, to ensure total customer peace of mind. The Pelican has roots dating back to 1914 and has been continuously improved in design and production. Elgin sweepers are manufactured in an 150:9001 certified manufacturing plant. Products are painted prior to assembly and quality tested. Elgin Pelicans are proudly assembled in the U.S.A. using only the finest materials. UNIQUE SINGLE-ENGINE THREE-WHEEL DESIGN The durable purpose-built chassis features a compact frame to maximize maneuverability and position the load low and between front wheels for stability. The high steering angle and tight turning radius allow sweeping extremely close to obstacles and following curb lines. POWERFUL BROOM SYSTEM Hydraulically-driven free-floating side and main brooms work as a system to sweep material from the curb and street into the debris hopper. Side brooms protrude up to 13 in (330 mm) beyond the tire to capture more curb debris. The large main broom features variable-speed and down-pressure to adapt to changing conditions and follow road contours. f'JO~jAM ca;~vEYOR No -Jam Conveyor: The Pelican's standard No-Jam chevron belt conveyor features anglea molded-in full width cleats that carry more large debris as well as small fines efficiently into the hopper. The chevron belt provides improved hopper loading, better belt tracking, superior debris pick-up, reduced sticking and quieter operation than other belts. Material loads to the front and center first to allow maximum use of the hopper capacity. 360° VISIBILllY AND OPERATOR ERGONOMICS The Pelican's isolation-mounted cab provides a clean, quiet, and comfortable environment for the operator. Filtered fresh air conditioning and heater/defroster come standard. Large windows, see- through doors, and full-width windshield allow for 360° degree visibility. EASY MAINTENANCE Access to service points is simple with most accessible from ground-level. 0-ring face seal hydraulic fittings are used and the electrical system features snap-together connections and color-coded wires for quick identification. The unit is equipped with a combination of in-cab and site gauges to monitor fluid levels. ECOINFUSED™ TECHNOLOGY Elgin Sweeper has made advancing the use of cleaner, safer, and more efficient technologies for sweeping roads and streets a priority, with innovations that provide the powerful performance, fuel economy and overall value our municipal and contractor customers demand . Today's environmentally efficient Pelican is designed with exclusive Eco Infused Technology, representing years of unmatched innovation and success combining the science of horsepower management with the ability to do more with less. ... 120 in sweep path (3048 mm) RF.AR SUSPENSION . I ... DURABLE, PURPOSE-BUILT CHASSIS The Pelican's heavy-duty construction and compact frame ensures a tight turning radius and years of reliable, low-maintenance operation. A balanced design provides stable sweeping and dumping. The hopper load is positioned low between the two front wheels for stability and safety. The axle support and hopper lift system are integral parts of the chassis. OUTSTANDING MANEUVERABILITY The Pelican's high steering angle and tight turning radius allows for quick turns, sweeping extremely close to obstacles and following curbs without climbing or scuffing tires. The dual-tire guide wheel increases stability and steering traction. EFFICIENT, COMFORTABLE CAB The clean, quiet and spacious isolation-mounted cab features large windows, wide see-through doors and a full-width windshield for 360° visibility . The center console is easily accessed from both left and right driving positions. Fingertip controls include illuminated and graphically identified gauges and rocker switches. Swing-arm suspension with twin parallel heavy-Juty shock absorbing spring coils and an integrated single coil rubber spring assist provide effective suspension dampening through the entire range of travel. The design enhances ride quality and comfort in the cab while reducing stress on the sweeper frame -especially when operating in pothole conditions or on rough, uneven roads. • SINGLE ENGINE POWERED The Pelican is powered by the John Deere 4045T 4.SL, 4-cylinder turbocharged diesel engine. The engine is capable of operating on bio-diesel up to 820. LOW-MAINTENANCE DRIVE SYSTEM With a unique wheel motor design for outstanding power and minimal maintenance, steep grades are no problem. Integrated sensors precisely measure road speed and adjust power requirements according to the load. i> HEAVY-DUTY BRAKE SYSTEM The Pelican features twin-caliper (ea), power disc brakes and a dynamic braking design that significantly reduces wear on service brakes. All brake components are easy to access and economical to maintain. HYDRAULIC SWEEP SYSTEM Controlled by engine RPM and operated independently of direction and ground speed, • the Pelican's broom speed provides digging power at slow or zero ground speeds. A foot pedal controls speed and sweeper direction through the hydrostatic transmission . CORROSION-RESISTANT WATER SYSTEM MAIN BROOM The 35 in x 66 in (889 mm x 1676 mm) hydraulically driven polypropylene main broom features variable speed (variable with engine RPM) for optimal sweeping in changing conditions. To protect the broom mechanism, the broom raises automatically when the sweeper is reversed and is returned to its sweep position and previously set down pressure when a forward direction is resumed. SIDE BROOM Hydraulically driven side brooms are rugged construction, 36 in (914 mm) in diameter and protrude up to 13 in (330 mm) beyond the outside of the tire while sweeping to capture more gutter debris. NO-JAM DEBRIS CONVEYOR The standard conveyor system features a chevron belt with angled molded-in full width cleats that moves material to the center of the belt for less spill over, and throws it to the center of the hopper for improved hopper fill without jamming . New poly/nylon high-strength belt material on the conveyor delivers long wear for maximum uptime. An optional built-in washdown provides quick and easy clean-up. VARIABLE HEIGHT FRONT DUMP HOPPER The Pelican's front dump hopper is ideal for single-lane dumping, which ensures minimai traffic interruption. The hopper can be dumped trcm ground level up to 9 ft 6 in (2895 mm) high. The load can be easily observed from the cab by lifting and rolling the hopper. The hopper's 3.5 cu yd (2.7 cu m), 9,000 lb (4082 kg) capacity provides maximum sweep time. For easy inspection, the hopper rolls out and rests on the ground. A corrosion-resistant polyethylene water tank supplies the dust suppression system with 220 gallons (833 L) of water. The exclusive Elgin water pump can run dry without damaging the machine's water system. For convenience and ease of maintenance, a water-level gauge is visible from the cab. EASE OF MAINTENANCE Easy servicing lowers ownership costs and increases sweeper usage. 0-ring face seal hydraulic fittings ) assure leak-free connections, while the electrical system's weatherproof snap-together connectors and stamped color-coded wires allow "--· i~ ... quick identification. To ensure ~t easy monitoring of fluid levels, the · ' · hydraulic tank directly behind the cab features a sight glass inspection tube. WATERLESS PELICAN . -~: The Pelican with optional dry dust control maintains all the popular features and sweeping performance that have made the Pelican the best selling three-wheel sweeper-without the use of water for dust suppression. This means increased pick-up of fine particles over traditional, wet dust control sweepers, proven reliable year-round sweeping and significant water conservation . DRY DUST CONTROL SYSTEM The Pelican with dry dust control features a patented system that includes a dust skirting system, dust separator in the hopper, and a dust control fan with a maintenance-free filter, working together to control fugitive dust without the use of spray water. The Pelican's waterless dust control system means operators sweep more and spend less time filling tanks enhancing productivity . Without water, mud doesn't build up on components, reducing clean ~up time at the end of the shift. Since there is no water, sweeping in freezing weather conditions is possible which helps meet the growing demand for quick pick-up of winter-time road sand, salt, and cinders. Perhaps the most important benefits are those for the environment including a smaller water footprint, as well as reduced road silt that can be left as a film from waterbased dust control sweepers. PATENTED FILTRATION SYSTEM The powerful vacuum system on the sweeper creates an air stream through the debris hopper, conveyor, and skirted areas. The inward rushing air carries the airborne dust into the debris hopper where it's allowed to settle out with the rest of the swept debris. A majority of the fugitive dust falls into the hopper with only a fraction of the dust making it to the filter. When the filter becomes loaded, it can be mechanically cleaned with an on-board cleaning system so sweeping can continue . A long life, low maintenance, dry filter element is installed between the debris hopper and the fan . *Industrial Pelican Option Available -consult factory for details. SPECIFICATIONS: SWEEPING PATH One side broom 8 ft (2438 mm) Two side brooms 10 ft (3048 mm) HOPPER CAPACITY Volumetric Capacity: 3.5 cu yds (2.7 cu m) HOPPER DUMPING Maximum dump height: 9 ft 6 in (2895 mm) TRAVEL SPEED 20 mph (32 Km/h) WATER SPRAY SYSTEM Tank capacity: 220 gal. (833 L) 127.4 In (323 6 mm) 192 in (4877 mm) ENGINE (make and type) John Deere 4045T Horsepower 7 4 hp (55 kW) @ 2,400 RPM Tier 4F low emission diesel *Tier 3 model dependant 102 in (2 591 mm) 120 in (3048 mm) ~weep System-Power Engine Make John Deere 404S Tier 4 Final Type 4 cylinder diesel Displacement 276 cu in (4.5 L) • re 4J9 in {106.43 mm) oke S.O in (127 mm) mpression ratio 19 : I Horsepower 74 HP (SS kw)@ 2,400 RPM Torque 224 fr-lbs (304 Nm)@ 1,600 RPM Fuel tank capacity 3S gal (132 .S L) Sweep System-Components General Specifications Wheel base 127.4 in (3236 mm) Overall length 16 fr {4877 mm) Height with cab 9 fr 10.5 in (3010 mm) Width outside tires 8 fr 6 in (2S9 l mm) Curb to curb turning radius IS fr (4S72 mm) Sweeping path: One side broom 8 fr (2438 mm) Two side brooms 10 ft (3048 mm) Weight: One side broom 13,S90 lbs (6170 kg) Two side brooms 14,290 lbs (6482 kg) Travel speed Up to 20 mph (32 Km/h) Hydrostatic drive Single foot pedal for forward/ reverse Hydraulic Service Brakes Tires : Front l IR22.S load range H (2) Rear 10Rl7.S load range H (2) Wheels: Front Sreei uisk type . ··. Rear Dual steel disk type mounted on alloy steel axle • Guide wheel with rear swing-arm suspens10n Type ISO mounted Structural steel tube frame Sealed w/ I 00% filtered air intake, sound insulated Doors Full view glass Opening From rear Dust protection Rubber gasket sealed Windows Safety glass with tinted windshield and tinted sun visors, 360° visibility Tinted upper glass Dome light Heater pressurizer with defroster Multi-vent air dispursement Windshield wipers 2 speed inrermirrent , with washers Mirrors Inside (I); outside, dual west coast with convex inserts and (2) I 0 in oval Seat(s) 21 in wide deluxe foam cushion with belt(s) Steering Tilt and telescoping steering column In-Cab Air Conditioning Available Enhancements • Dual controls -right and left side brooms , seats, and operator controls for operation from either side • Remote adjustment • Heated mirrors • ebroomtilt comacic lubrication ytem • Lifeliner® hopper liner • Beacon light with protector • Strobe light with protector • Electric side broom tilt indicator • Broom hours and mileage recorder • Diesel cold weather Start aid • Limb guards • Extended warranty • Sliding rear window ·Air suspension seat(s) • Conveyor, lower roller washout Standard Accessories Full flow oil filter, mechanical governor, dual safety element dry-type air cleaner with in-cab restriction indicator, fuel filter, counterbalanced, wet sleeve Instrumentation Panel Full vision, illuminated Gauges Speedomctcr/odomercr, tachometer, engine hour merer, engine temperature, oil pres- sure, voltmeter, foe!, hydraulic oil remperarure, water fill, and on-board diagnostics. Main Broom Diameter 3S in (889 mm) Length 66 in (1676 mm) Type Prefab. disposable, polypropylene double wrapped at both ends Core Steel reversible Digging pressure & wear control in cab Hydraulic float Lift control In-cab hydraulic raise and lower Drive Hydraulic motor Mounting Hydraulic cylinder suspended Speed Variable with engine RPM Side Broom Type Vertical digger Diameter 36 in (914 mm) Disc construction Steel place Speed Variable with engine RPM Flexibility In-cab positioning hydraulic float Drive Hydraulic motor Mounting Free fioanng · Adjustment In/out (recoil spring), up/down Digging pressure/wear control Hydraulic, in cab, pressure sensing Broom material Tempered steel wire Conveyor Type . Chevron cleat reinforced rubber belt Speed Variable wirh engine RPM Flexibility 9 in (229 mm) oscillation for large object passage Drive Hydraulic motor, chain and sprocket drive Bearings Sealed self-aligning, re-lube Debris Hopper Capacity volumetric 3.6 ycL (2 .8 rru) Material volume 3.S yd, (2.6 mi) Hopper lift and dump control Electro-hydraulic in-cab Maximum dump height Up to 9 fr 6 in (289S mm) Time to tilt hopper 17 sec Time to retract to working position 21 sec Design lift capacity 9 ,000 lbs ( 4,080 kg) Frontal dumping Standard Finish Undercarraige: Grey powder coat Bodr: High gloss powder coat Custom colors available Chassis Chassis is fully weld ed; formed channel and boxed tube style with jack points Your Elgin Dealer is: Ii:> 2016 Elgin Sweeper Company. Elgin• Pelican• and Ecolnfused Technology-are registered trademarks of Federal Signal Corporation. Federal Signal Corporation is listed on the NYSE by the symb~ FSS Electrical System Wues Hot stamped and color coded wiring, alrernaror/regulator-unitized, 120 ampere Battery 12 volt, group 31, 92S CCA, 180 ITUn . reserve . Lights Halogen sealed multiple beam headlights, combination stop and rail lights, adjustable side broom lights, directional signals with hazard switch. Safety horn, electronic back up alarm, sweep flashers. Hydraulic System Hydrostatic drive Electronically controlled Variable displacement pump Variable displacement motor Fittings 'O' ring face seal type Reservoir capacity 33 gal {I 06 L) Reservoir level Externally readable Inlet strainer 100 mesh Filter Return 10 micron absolute, full flow Filter restriction indicator In cab Breather/fill cap 10 micron Water Spray System Tank construction Polyethylene Tank capacity 220 gal (832 L) Fill hose 16 fr 8 in (5080 mm) with hydrant coupling Wash down Integral cascade hopper/ conveyor wash Pump Diagram wiili, run dry capability .. Spray nozzles Arnnuzmg, adjacent to each oroom Controls On/off, volume high/low in-cab Filter Non-corrosive housing, 100 mesh screen Cleanable anti-siphon fill standard. Brake System Service Multi caliper disc type Hydraulically applied Power assisted Park Wet disc multi pack with spring applied hydraulically released push/ pull activation Interlock to prevent drive through if applied Ecolnfused Technology$ Combining science and innovation to produce more environmentally efficient products . Warranty Sweeper Engine I year pares and labor Consult factory Elgin Sweeper Company 1300 W . Bartlett Rd. Elgin, Illinois, U.S.A. 60120-7529 847-741-5370 Phone 847-742-3035 Fax www.elginsweeper.com Effective 5/16 Specifications subject to change Without notice. P/N 0705393-A • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 15 , 2016 11cvi Award Contract for 2016 Chip Seal Program Initiated By: Staff Source: Department of Public Works Larry Nimmo , Right-of-Way Services Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In May of this year Council approved an IGA with Cherry Hills Village (CHV) to Cape Seal Clarkson from Belleview to 285 . The pricing for this contract was competitively bid and awarded by CHV to Foothill Paving and Maintenance , Inc . RECOMMENDED ACTION Staff recommends Council award , by motion , a contract to Foothills Paving and Maintenance , Inc., in the amount of $136,496 for the completion of the 2016 Chip Seal Program . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As highlighted in the IGA Council Communication w ith CHV, Englewood staff has evaluated this contractor, the product, and installation methodology and believes it would be in the best interest to the City of Englewood to piggy-back off the existing Cherry Hills Village contract for this work . Foothills Paving and Maintenance has agreed to extend the awarded CHV Project No . 2016-002 unit prices and contract conditions to the City of Englewood. Recommendations provided to staff by our pavement consultant indicate this treatment should extend the Remaining Service Life (RSL) between 5 to 7 years . The two products proposed are a Single 3/8 " Chip Seal , and a Double 3/8" Chip Seal. Determination of which product will be installed is based on the existing condition of that section of roadway . FINANCIAL IMPACT Estimated Construction Cost for the 2016 Cape Seal Project: Cost Estimate 26 , 769 sq . yds (See Contract) Contingency 10% Total Estimated Project Cost Funding is available in the Road and Bridge account. LIST OF ATTACHMENTS Contract Schedule A $ 136,496.00 $ 13 ,649 .00 $150,145.00 • • • CONTRACT FOR SERVICES AGREEMENT NUMBER CFS/16-31 2016 Chip Seal Project THIS CONTRACT made and entered into on July 20th , 2016 by and between Foothills Paving and Maintenance, Inc. 5040 Tabor Street, Wheat Ridge, Colorado 80033 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 services : 2 . 3 . 4 . 5 . 6. 7. 8 . 2016 Chip Sealing Project At the location of: Refer to the attached list for proposed locations for a total contract price of: One Hundred T hirty Six Thousand four Hundred Ninety Six Dollars ($136,496.00). The term of this contract shall begin on ______ , 2016 with work to be completed on or before ----- The Contractor shall not commence work under this Contract until the insu rance 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. 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. 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. This Contract includes the General Terms and Cond itions 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 . The Contractor shall guarantee all labor and material used in the performance of this Contract for a period of one year from the final written approval by the City or as per the Request for Qualification and Specifications. IN WITNESS WHEREOF , the parties hereunto have subscribed to this Contract, including all Contract Documents as listed below: 1000 Eng lewood 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 :-------- (City Manager) By: _______________ Date: ________ _ (Mayor) City Clerk Foothills Paving & Maintenance , Inc . Contractor (print company name) I <;: .')_ I By: l/\AA.....Q.J -:Z ·~ (Signature) Date: _1_12_0_11_6 ____ _ Michael L. Horn. President (Print name and Title) ST A TE OF Colorado ) ) SS. COUNTY OF Jefferson ) On this 20th day of July , 20.1§., before me personally appeared Michael L. Hom , known to me to be the _P_re_s_id_e_nt ___ _ ---of Foothills Paving & Maintenance, Inc . I the 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. 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_12_4_1_1_9 ___ _ 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. SARAH PROVINCE ANENSON Notary Mlle state of Cotorado Notary 10 20154007831 Commission Ex Ires Feb 24, 2019 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 3 (./ GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE . Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated . The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote . 2. SITE EXAMINATION. If applicable, Contractor must examine the site and certify all measurements, specifications and conditions affecting the work to be performed at the site . By submitting their quote , the Contractor warrants that he or she (hereinafter he or his) made such site examination as they deem necessary regarding the condition of the site; its accessibility for materials, workmen and utilities and the Contractor's ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site . 3. EQUIPMENT AND LABOR. The Contractor shall furnish all tools , equipment , apparatus , facilities, transportation, labor, and material necessary to furnish the services herein described . The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or siatemer:! .-.; , .... , ;,. attached hereto . 4. SUBCONTRACTORS . Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work . If Contractor shall subcontract any part of this contract , Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the contract documents shall create any contractual relations between any subcontractor and the City . 5. DEFAULT BY CONTRACTOR. When Contractor, or any subcontractor, or vendor shall fail to deliver any article or service or shall deliver any artide or service which does not conform to the work specifications or the Statement of Work, the City may, upon five (5) business days' prior written notice describing the default, at its option, annul and set aside the contract entered into with said Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City . The City reserves the right to cancel any articles or services which the Contractor may be unable to furnish because of economic conditions , governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City, if requested . 6. CONTRACT CHANGES . No changes or alterations to this contract shall be made without specific prior written approval by both parties . 7. WORKERS . Contractor shall at all limes enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City . 8. SUBSTITUTIONS . No substitutions of materials or persons from those specified in the Statement of Work shall be made without the prior written approval of the City. 9. CONTRACTOR SUPERVISION . Contractor shall prov ide competent supervision of personnel employed on the job site, use of equipment, and quality of workmanship . 10 . CLEAN UP . Debris shall be removed from the premises. The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition . 11 . ACCESS TO WORK. City representatives shall at all times have access to work wherever ii is in preparation or progress . Contractor shall provide safe and proper facilities for such access . 12 . PROTECTION OF WORK AND PROPERTY . The Contractor shall erect and property maintain at all limes, as required by conditions and progress of work , all necessary safeguards, signs, barriers, lights , and watchmen for protection of workmen and the public, and shall post danger sig ns warning against hazard!'. >'.1'<!8ibu by such features in the course of the construction . 13. OCCUPANCY. The City reserves the right to 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 shall such occupancy extend the date specified for substantial completion of the work . 14 . ASSIGNMENT OF CONTRACT AND PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights , burdens, duties , or obligations under this contract without the prior written consent of the City . 15 . FORCE MAJEURE CLAUSE . The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining , delivering, or performing by an act of God , fire, strike , loss, shortage of transportation facilities, lock-out, or the commandeering of materials, products , plants or facilities by the government; when satisfactory evidence thereof is presented to the other party(ies), provided that ii is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing . 16 . HOLD HARMLESS CONTRACT. The Contractor shall save, defend , hold harmless and indemnify the City from and against any and all losses , damages , liabilities , claims , and costs of 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, operations, or performance of work on property under the terms of this contract by any employee , agent, or representative of Contractor and/or its subcontractors unless such loss was a result of the negligent acts or omissions of the City . 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 4 ·~:·s -1 6 -~)o: AllE:n WFP h esicluals Perno7 ai, Hauling & Disposal S·?r •iices • • • • • • 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 for materials, supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30) days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence reasonably required by the City including the satisfactory release of all liens or ·claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18. PERMITS AND LICENSES . The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor's sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed . 19 . CONTRACTOR NOT AN OFFICER. EMPLOYEE. OR AGENT OF THE CITY . While engaged in or carrying out other terms and 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 work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker's compensation insurance, the policy shall not be amended or modified and the coverage amounts 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 shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a) WORKER'S COMPENSATION INSURANCE . The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract and in case of any such work subcontracted , the Contractor shall require the subcontractor provid~7. Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance . b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE . The Contractor ani:l8. any subcontractor shall procure and shall maintain during the life of this contract, Contractor's Public Liability Insurance in an amount not less than $1 ,000,000 for injuries , including accidental death to any one person, and subject to the same limit for each person , in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor's Property Damage Insurance in an amount not less than $1,000,000. 21 . WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of 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 complianee with applicable Colorado energy, conservation, and environmental standards ; unless a longer minimum period is required in the statement of work . Contractor shall furnish all manufactures' and supplier' written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 22 . ASSIGNMENT OF CLAIMS . In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services , or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. This assignment shall be made and become effective at the time 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 the Statement of Work . If Contractor observes that any of the work required by this contract is at variance witn any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor's receipt of a written termination notice from the City . If Contractor performs any work knowing it to be in violation of such laws, ordinances , rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom . 24. TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25. GOVERNING LAW . This contract shall be governed by and construed in accordance with the laws of the State of Colorado . Venue will be proper in Arapahoe County, CO . 26 . NO ORAL MODIFICATION . Any waiver, amendment , modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby . 27. TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City , directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated , budgeted and otherwise made available . 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 5 28. COLORADO LABOR LAW. If this project is for a public works project or public project, as defined in Section 8- 49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S . which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties , school districts , or municipal monies . 29 . PROVISIONS REQUIRED BY LAW DEEMED INSERTED . Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein . 30 . VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and 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 defin ~d 1n 'J .R.3. 0.·1 7.5-101 (3 .3) and 8-17.5-101 (3 .7) respectively , in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services . Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed . (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall ; ( 1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal 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 had 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 para!,jraph or previsions requireo pursuant to C.R.::>. 8-17 .5- 102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 30 . (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 6 • • • • • • SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Foothills Paving and Maintenance, Inc. 5040 Tabor Street Wheat Ridge, CO 80033 foothillspaving@aol.com 2. NAMES OF PROJECT COORDINATORS 3 . City of Englewood Larry G Nimmo J .C . Coffey Foothills Paving and Maintenance, Inc. Heath Russo -Project Manager Michael Horn -President SUMMARY OF PURPOSE FOR STATEMENT OF WORK City of Englewood's 2016 Chip Sealing Project, utilizing pricing from a Cherry Hills Village (CHV) Project No. 2016-002. This project was bid on March 1, 2016, with a contract date of April 19, 2016. The contractor, Foothills Paving and Maintenance, Inc. is willing to extend the all the unit prices to the City of Englewood. An IGA, Ordinance No . 21 Series of 2016, with CHV was executed on the 19th day of May 2016. This work meets with the recommendations outlined in the July 2016 Pavement Management Report, completed by iWorQ. The planned project will include a single and double 3/8" Chip Seal, based on the street type and traffic loads. 4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Temporary storage of rock and equipment for the project at the Service Center. 5. OTHER RESOURCES N/A 6. [If desired, provide for the Vendor's commitment of its own staff, facilities , and other resources by nature or item] DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Furnish and install 10580 sq/yds of single 3/8" Chip seal and 16, 189 sq/yds of Double 3/8" Chip Seal per specifications outlined in the Cherry Hills Village bid documents received March 1, 2016. Planned streets listed in the attached spread sheet. 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org _--.. ·. ~-. ! ' --. ~ j : 7 7. SPECIAL TERMS, IF ANY Work has not been scheduled at this point. 8. MODE OF PAYMENT Check based on approved pay application . 9 . PAYMENT SCHEDULE City will pay vendor for the services in accordance with a monthly payment schedule. All payments to vendor are contingent on vendor's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City 's written confirmation to vendor that the Deliverables-Milestones have been satisfied. Monthly payment based upon on work completed and accepted the previous month. 10 . SCHEDULE AND PERFORMANCE MILESTONES No schedule has been established for the project. The goal is to have the contractor begin work after their completion of the CHV project in early August with three week completion schedule. 11. ACCEPTANCE AND TESTING PROCEDURES Per COE Inspection and acceptance. 12. LOCATION OF WORK FACILITIES Rock and equipment (if necessary) to be stored at the Service Center, work is listed on the attached spread sheet. City will provide the City office space and support as it agrees may be appropriate, at its N/A facility. 2016 Proposed Chip Seal List Recommended Street[ Ave. From To Length Width Sg. Yards Treatment Cost Eastman Clarkson Stanford Lipan Jefferson Cherokee Quincy Jason Union Lipan Floyd Marion Downing 1,244 31 4,285 Double 3/8" Chip Deleware 2,574 31 8,866 Double 3/8" Chip Galapago 1,265 36 5,060 Single 3/8" Chip Fox 1,242 40 5,520 Single 3/8" Chip Kala math 275 31 947 Double 3/8" Chip Corona 607 31 2,091 Double 3/8" Chip Totals 26,769 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org - 5.85 $25,067 5.85 $51,866 3.95 $19,987 3.95 $21,804 5.85 $5,541 5.85 $12,231 SB6i496 8 • • • • • • IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between the parties hereto dated 7120 , 2016, the parties have executed this Statement of Work as of this 18 day of July, 2016. CITY OF ENGLEWOOD, COLORADO By : ___________ _ (Signature) (Print Name) Title :------------- Date :------------- (Print Name) Title: Project Manager Date : July 18. 2016 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2412 www.englewoodgov.org 9 't , • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: August 15, 2016 11cvii Compact Crawler Boom Lift Initiated By: Staff Source: Public Works Michael Hogan -Facilities & Operations Manager PREVIOUS COUNCIL ACTION Funding for the Compact Crawler Boom Lift was approved in the 2016 Capital Project Fund. RECOMMENDED ACTION Staff recommends that Council approve, by motion, the purchase of a Compact Crawler Boom Lift -JLG Model X600AJ BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Facilities and Operations requested the purchase of a Compact Crawler Boom Lift to enable access to multiple areas that currently are inaccessible utilizing our current equipment. • The division currently uses a Genie one man lift that is effective in some applications but inefficient and unusable in most applications. The unit can only be used on a flat surface making it unusable outside, around the Rec Center pool, Pirates Cove, and many other areas. It is an up and down lift and must be set and re-set multiple times to properly reach the desired location . The difficulty in reaching the desired location causes reach and lean by the users and poses safety concerns. The unit is also heavy and difficult to move from facility to facility as it is not powered and must be loaded and unloaded by hand . Figure 1 -Genie One Man Lift The compact crawler boom lift is designed to meet the challenges of facility management including limited access, tight environments, • and surface protection. The unit can access more places due to the low weight and rubber tracks. A tracked wheel carriage climbs slopes, and a narrow chassis allows for access through gates, yards, and standard doorways. The tracks also allow movement on surfaces ranging from hardwood floors to concrete and asphalt parking lots and back again without damaging the surfaces. The unit is able to move through a standard door and access areas previously unreachable with our current lift and equipment. The unit is very stable when in use and allows users to access over 50 feet vertically and 23 feet horizontally, allowing for a one unit set and the ability to work on multiple locations, increasing efficiency. The unit can easily climb curbs, stairs, and uneven terrain and it can operate in uneven environments allowing work in sloped areas, over curbs, and on pool decks. FINANCIAL IMPACT The total cost of the lift unit. One time -$131,294.52 The unit will be placed in CERF on a 20 year replacement plan. This will create an ongoing cost of $6,564 per year to CERF plus maintenance and yearly lift certification for a total yearly cost of approximately $7,000 to be paid out of Facilities and Operations yearly General Fund starting in 2017. On Going -$7,000Near The unit is being purchased through a competitive bid process per the City's purchasing guidelines . LIST OF ATTACHMENTS Bid Documents Equipment Brochure • • • • • City of Englewood Bid Tabulation Sheet Bid Opening Date: June 9, 2016 2:q------A-p-pa_r_e_n_t L_o_w_B-id_d_e_r ____ I ITEM BID: IFB-16-010 Compact Crawler Boom l;Ompact l;raw1er tsoom Vendor Total Bid Exceptions/Comments H & E Equipment Services 9200 E 96th Ave Henderson, CO 80640 303-656-6503 Steph Brew $ 132,355.00 Wagner Rents/Equipment 805 W 39th Ave Denver, CO 80216 303-433-2727 Mark Hoover $ 138,499.00 Hertz Equipment Rental Corporation 7750 E 96th Ave Henderson, CO 80640 720-281-0246 Jason Oosterbeek $ 131,294.52 • • • INVITATION FOR BID Com pact Crawler Boom REQUEST NO. IFB-16-010 DATE : May 20 , 2016 The City of Englewood will receive sealed bids for supplying "Compact Crawler Boom" as per specifications no later than 2:00 P.M. MDT prevailing time, Thursday, June 9, 2016. Bids will be received at the Englewood Civic Center 3rd 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 3rd floor of the Englewood Civic Center. Bidding firms are asked to mark envelope "Compact Crawler Boom" in lower left hand corner with the Bid #IFB-16-01 O 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. An authorized company representative is required to sign in ink on the bid proposal form . 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. The City of Englewood is exempt from federal, state, and local taxes . Tax Exempt Certification will be submitted upon request. 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 is contracted with BidNet and is utilizing a central bid notification system created for the City of Englewood. This system will allow vendors to register online and receive notification of new bids , amendments and awards. If you need assistance in registering with the Rocky Mountain E-Purchasing System please call the BidNet support group at (800) 677-1997 extension #214 or the City of Englewood Procurement Division at (303) 762-2412. Vendors with internet access should review the registration options at the following website: http://www.RockyMountainBidSystem .com 1000 Englewood Parkway, Englewood , Colorado 80110 (303) 762-2412 www.englewoodgov.org 1 IFB-16-010 Compact Crawler Boom 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. Any questions or clarifications concerning this bid shall be submitted by e-mail to: astutz@englewoodgov.org at the City of Englewood, Procurement Division, 1000 Englewood Parkway, Englewood, CO 80110-2373. The bid title and number should be referenced on all correspondence. All questions must be received no later than 10:00 a.m. MDT, Monday, May 30, 2016. All responses to questions/clarifications will be posted on the RMEPS website as an addendum prior to the bid deadline . 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. By submission of the bid, the bidding firm certifies that the bid has been arrived independently and submitted without coordination with any other bidding entity. Any item offered or shipped as a result of this bid shall be new and the current model offered at the time of this IFB (Invitation for Bid). Upon the City of Englewood's acceptance and the issuance of a Purchase Order, the specifications of this bid and the firm's IFB response shall become a binding contract. Bids will be quoted F.O.B. Englewood, Colorado. If the material or services supplied to the City are found to be defective or fail to conform to specification, the City reserves the right to cancel the order upon written notice to the seller and return of the product at the bidding firm's expense. In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. Price quoted in the bid shall be firm for a period of at least ninety (90) days from the date of bid opening. The successful bidding entity shall indemnify and save harmless the City of Englewood and all officials, agents, and employees from all suits or claims of any character brought by reason of infringement on any patent, trade mark or copyright. Bidders will be required to conform to the specifications. Deviations may deem the bid unacceptable. Any exception to the minimum specifications, general conditions, and bidding firm's bid will be stated as an "exception" on the bid proposal form. If items called for by this invitation to bid have been identified by a brand name or "equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Invitation to Bid's offering "equal" products will be considered if the bidder clearly identifies such products with brand name, part number and any technical data, brochures or other 1000 Englewood Parkway, Englewood, Colorado 80110 (303) 762-2412 www.englewoodgov.org 2 IFB-16-010 Compact Crawler Boom • • • • • • information, so that the City can make a technical evaluation to determine that the products are equal. BIDDERS MUST SUBMIT PROPOSALS ON THE ATTACHED BID PROPOSAL FORM AND INCLUDE ONE (1) COPY MARKED COPY. 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 permits 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 obl igation and expense of obtain ing 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 upon request. 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. The City of Englewood shall have the right to reject any or all bids, and to waive any informalities 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 . The City of Englewood is an environmentally conscious City. Vendors supplying products made from recycled materials and environmentally sound packaging will be given preference when all other evaluation criteria is deemed equal. Al icia Stutz, CPPB Procurement Administrator City of Englewood , Colorado 1000 Englewood Parkway, Englewood , Colorado 80110 (303) 762-2412 www .englewoodgov .org 3 IFB-16-010 Co mpa ct Crawl er Boom Minimum Specifications for Compact Crawler Boom This is the minimum specification for a compact crawler boom. Key features to be included are Machine Width: 2 ft 7 in. I 0.79 m, Platform Capacity: 500 lb I 226.80 kg, and a Platform Height: 59 ft 3 in. I 18.06 m. Will auto level on uneven surfaces and be able to travel through a single doorway. Crawler Dimensional Data and Specifications Engine Type -Electric Gradeability Outriggers or Stabilizers Platform Capacity Swing Swing Type Machine Height Machine Length Machine Width Outrigger Footprint Length Outrigger Footprint Width Platform Dimension A Platform Dimension B Platform Height Track Length Horizontal Outreach Platform Height Vertical Jib Rotation Ground Bearing Pressure Ground Bearing Pressure -Outriggers Machine Weight Additional Items lOOAh 72V Lithium-Ion 36% Yes 500 lb I 226.80 kg 360 Degrees Non-Continuous 6 ft 7 in . I 1.99 m 16ft5in./5m 2 ft 7 in . I 0 .79 m 10 ft 7 in. I 3.23 m 10 ft 7 in . I 3.23 m 4ftl0in./l.47m 2 ft 6 in . I 0 .76 m 59 ft 3 in . I 18 .06 m 4 ft 10 in. I 1.47 m 30 ft / 9.14 m 59 ft 3 in . I 18 .06 m 89 Degrees 9 psi I 0.65 Kg/cm2 44 ps i I 3 .09 Kg/cm2 6571 lb I 2980.56 kg Bid price to include three operator, one parts, and one service manual. Bid price to be FOB City of Englewood , 2800 S. Platte River Drive, Englewood CO 80110 . Training to be provided by vendor for Englewood Staff at 2800 S. Platte River Drive, Englewood CO 80110 . 1000 Englewood Parkway , Englewood, Colorado 80110 (303) 762-2412 www .englewoodgov.org 4 IFB-16-010 Compact Crawler Boom · . • • • • • • Description BID PROPOSAL #IFB-16-010 Com pact Crawler Boom Compact Crawler Boom (including required manuals) Bid Price $ ____ _ Each Proposing Vendor shall determine prior to submitting a Bid, that they have received all addenda issued, and will acknowledge the receipt. Receipt of copies of the following amendment(s) is (are) hereby acknowledged: Amendment No(s). Date Acknowledged Bidder's Signature ALL MATERIAL F.O.B. CITY OF ENGLEWOOD 2800 South Platte River Drive Englewood, CO 8011 O Price quote firm for ninety (90) days. Exceptions:------------------------- BY: Name (Please print) Date Signature Title Company Address Phone Fax 1000 Englewood Parkway, Englewood, Colorado 80110 (303) 762-2412 www.englewoodgov.org 5 IFB-16-010 Compact Crawler Boom • ·• • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 15, 2016 11cviii A Motion Appointing a Hearing Officer Initiated By: Staff Source: Human Resources Division HR Manager Jayleen Schell RECOMMENDED COUNCIL ACTION Staff recommends the Englewood City Council appoint, by motion , a Hearing Officer for a disciplinary appeal filed by former Police Officer Megan Feebeck. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administrative Policy Manual , Human Resources Policy No. 24 , when a request for a hearing before an independent hearing Officer in connection with a disciplinary appeal is filed with the City Clerk, the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal , which include Bennet S. Aisenberg , Ronald J. Cohen and John P. DiFalco. LIST OF ATTACHMENTS Appeal Request Setting the list for Hearing Officers Resolution No . 47 with Resumes • • • MEMORANDUM TO: FROM: CATE ; Mayor Jefferson and City Council Members Loucrishia A. Ellis, City Cle~ct August 2, 2016 SUBJECT: Disciplinary Appeal of Officer Megan Feebeck In accordance with the City of Englewood Administrative Policy Manual --Policy . No. 24, I am notifying you that I have received a request for an independent hearing officer to review Officer Megan Feebeck's termination of employment. A copy of the request, dated August 2, 2016, is attached. cc: Eric Keck, City Manager ~gan Comer, Acting City Attorney Jayleen Schell, Human Resources Manager REID .J . ELKUS DON/,LO C. SISSON SCOTT D. MCLEOD MICHAEL L. CHEROUTES STEVEN T. MANDELARIS ZACHARY D. WAGNER LUCAS LORENZ LAWRENCE ATLER !!.' .. (ELKUS & SISSON, P.c. :;~) ATTORNEYS AT LAW Sent Via Email Loucrishia A. Ellis, City Clerk Englewood Civic Center 1000 Englewood Parkway, 3rd Floor Englewood, CO 80110 E-mail: cityclerk@englewoodgov.org Eric A. Keck, City Manager Englewood Civic Center (3rd Floor) 1000 Englewood Parkway Englewood, CO 80110 E-mail: ekeck@englewoodgov.org Shelley Becker, Director Office of Human Resources 1000 Englewood Parkway Englewood, CO 80110 E-mail: webmaster@englewoodgov.org August 2, 2016 Re: Notice of Appeal Officer Megan Feebeck-AIC 16-04 To whom it may concern: 501 S. CHERRY STREET SU ITE 920 DENVER , CO 80246 PHONE 303-567-7981 FAX 303-431-3753 WWW .ELKUSANDSISSON.COM Please be advised that pursuant to Englewood Personnel Policies and Procedures ("Policy" or "Policies") #24 & #25, Englewood Police Officer Megan Feebeck hereby appeals her termination. The Notice of Discipline from Chief of Police, John Collins was served on July 28, 2016 and as such this Appeal is timely under Policy #24. Officer Feebeck is requesting an independent Hearing Officer be retained to hear her appeal and that the dates of the hearing be cleared with her counsel (listed below). As required by Policy #24, the pertinent information necessary for this appeal is listed below: Police Officer Information: Megan Feebeck 2801E.1201h, F-311 Thornton, CO 80233 Tel.: (303) 817-0734 • • • • • • Please see the Notice of Discipline, attached hereto as Exhibit A. Attorney Information: Reid J. Elkus, #32516 Zachary D. Wagner, #44207 Steven T. Mandelaris, #37964 Elkus & Sisson PC 501 South Cherry St., Suite 920 Denver, CO 80246 Tel.: (303) 567-7981 Fax: (303) 431-3753 relkus@elkusandsisson.com zwa.gner@elkusandsisson.com ::;r::L:i11delaris@elkusandsisson.com Nature of the Dispute: First, Officer Feebeck contends that the facts of her case do not support any of the sustained policy violations and her discipline is contrary to the City of Englewood's Policy and Procedures City Policy. Officer Fee beck has set forth in detail how the facts do not support any violations of policy, and how she was in fact truthful, and not guilty of the policy violations alleged. Furthermore, Chief Collins has expressly stated that he doesn't believe in "stacking" charges, and that each alleged policy violation needs to have a separate and distinct factual basis for any other policy violation. Yet, the basis for the supposed violations of 1. A-Truthfulness, 2.A-Unsatisfactory Performance, and 3. A-Insubordination arises out of the same transaction or occurrence. Accordingly, two of the three aforementioned policy violations should be reversed by the Hearing Officer, as they violate Chief Collins' own policy prohibiting the "stacking" of charges against officers. The decision to terminate Officer Feebeck is not commensurate with the alleged policy violations (even assuming arguendo that any should be sustained which Officer Feebeck does not concede). Notably, Chief Collins ignored evidence that Officer Feebeck was truthful when she stated that she visited all 5 accident victims and that she had never lied to any superior about her actions at the hospital. Lastly, Chief Collins failed to consider relevant mitigating factors and his discipline did not adhere to the well settled principles of progressive discipline . Attempts the employee took to resolve the Appeal: Pursuant to Policy #24, Disciplinary Appeals are subject to following the Complaint Resolutions Procedure beginning with Step V and therefore, it does not appear that any of the preceding steps (I-IV) are applicable to Officer Feebeck. Requested Remedy: Based on the aforementioned, we respectfully request that the discipline be overturned and that Officer Feebeck be compensated for the loss of pay due to her termination and be reinstated to her former position with full restoration of back pay and benefits to be awarded from the date of termination. Sincerely, Isl Reid J. Elkus Reid J. Elkus Elkus & Sisson, P.C. • • • • • I'' . ,·,:-.·· • To: Officer Megan Feebeck CC: From: John Collins, Chief of Police Date: July 28, 2016 Re: Disciplinary Action ref: AIC 16-04 On April 20, 2016 an allegation of misconduct was brought against you by Sergeant Brian Cousineau. The allegation was in regards to your Truthfulness relative to your investigation of an injury accident that occurred on January 17, 2016 in the early morning hours. The AIC Investigation (#16~04) was completed and then thoroughly reviewed by Staff. The following allegations of misconduct and misconduct not based upon the original allegation were sustained and recommendations were made for discipline. The following violations are within the Code of Conduct (Lexipol) Policy 319 as well as the City Administrative Policy. 1, A• Truthfulness . On February 18, 2016i Detective Matt t-fander was assigned to investigate the aforementioned traffic accident a;s one of the vehi<;le's passenger's . had died (30 days following the acciqent). The fQllowing day Mander spo,ke to you about your part in the investigation and you told him that when you were at Swedish Hospital you Were . unable to locat~ any nurses or iQjured passengers. You told Mander that since you could riot .find them you left witho~t gel;tihg a,ny of the investigative forms, relative tb Serious Bodiiy Injury, completed. In your Statement in this investigation you have stated that you never made this comment. ' · In your statement . ancl official police report, case number 1600600, you stated that you found every patient and spoke to their nurses. You h~ve stated that each nt.irse told you that there was no serious bodily injurv ~ You have also stated that Officer George Sheers woul.d corroborate that you did in fact go to every room and Spoke to each nurse regarding SeHol.is Bodily Injury, Sergeant Cousineau spoke to each nurse and they all . state that they never talked to you . and would never have told you that there was ncit . <r · ... ·.:: ,,, -------------------------·-----·--·---·-------·-· -·-····· ------- serious bodily injury due to the fact thc;it serious bodily injury to their patients was . obvious. Officer George Sheers yvas interviewed by Sergea11t Co~~ineau. Sbeers told sergeant Cousineau thathe was 'present in the ho$p)tal roorn woHe you were speaking to Ross;· a driver of one of the vehicles involved ih the:acddent. Sheers stated that · .· there . were no nurses o~ other staff in the; room at this. time, Sheers stated that there : . was .never.:~ny ques~~ns aQout Serious eoqily Injury because t~er~ was n~. oM in : th~ · room to ask, and thathe and you did not ·g~to antother patient's room and that.you · and he did not speakfo any nurse or staff .rnemberwhile you were both there .. He also stated that you . and h~ left the hospital together, · · · · ... · · · 2. A !!-Un$atisfactory Performance Sergearit ~~6ttAllen directe.d you to respond to Swedish H,ospital to determine lf th~. driver inVolyed in that actident Was under the influence of ali:oHoL: He also directed . you · to determine if the injured passengers ofthe two ·vehi .cles . has s\,lffered serious bodily .. injUty. Yciu lat~r told sergeant Scott Allen that Y<.'U di(not detect any lndida that the· driver was (lnder the lnftµence. You also $tated to him that none of the · passengers had . suffered serious bodily ln]Ury. · You also doc't.1mented this information into the pfficial politEfrepart 1600600'." Your statements regarding serious bodily injury and how you came to that.cc>hclusion have been found to be untruthful · . '. . ' . . . '·' .. ' .. 3. A _, Insubordination .. : During the course of the accident investigation ih question, you were laWfµlly dlr~cte~ :, .· by Sergear;it. Allen to respond to Swedish Hospital to detennipe if the driver Qf ohe of tfie vehides · was :under the influence and if the injured p·assengers .had suffered serious · bodily :injury(a iegal requfr~ment for the filing of felony crlmin~·1 charges)/You .~old .. sergeantAllen and later on; sergeant cousl .neaui that'you had followed serge'ant Allen's directio~ when In fact you did not You were untruthful in your: responses to the . Sergeant:S :regarding Y6\Jr actions and wen~ :so far as to document this tnisleading informa~ion . in ·an offi<:ial poli~e report. · .· :· · Following the pre-disciplinary hearing with you and your attorney on July 15, 2016, and as you requested, other nurses and staff who were on duty at Swedish Medical Center on the night in question were interviewed and all stated that they did not have any contact with any Englewood Police Officer regarding the status of the five patients that were brought in for treatment and never made any statement to an Englewood Police Officer that the patients did not have any Serious Bodily Injuries. Officer Sheers in a follow-up interview confirmed that you and he only visited the room of the at-fault driver and there was no medical staff in the room during the time that you were both t.here and there was never any questions about Serious Bodily Injury. He again confirmed that you and he never entered any other patient's room and that you both left Swedish Medical Center at the same time. In accordance with the City of Englewood's Administrative Policy Manual, #25, Corrective and Disciplinary Action; and based upon the above findings; I have outlined • • 2 • • • • below the following violations that you have committed and are subject to appropriate disciplinary action: (a) Neglect in the performance of the duties of the position to which the employee is assigned. (e) Violation of any reasonable or official order, refusal to carry out lawful and reasonable directions given by a proper supervisor, or other acts of insubordination (including, but not limited to refusal to do assigned work). (h) Criminal, dishonest or other conduct which interferes with effective job performance or has an adverse effect on the efficiency of City service. (j) Incompetent or unsatisfactory performance of duties. (k) Knowingly giving false statements to supervisors, other officials or the public. (I) Any conduct, on or off duty, which reflects unfavorably on the City as an employer. (w) Any other conduct or action of such seriousness that disciplinary action Is considered warranted. In that these three violations of the Code of Conduct are of a Class "A" category each of wh ich are grounds for termination, it is my decision that your employment with the City of Englewood be terminated. Your rights as an employee to appeal this decision may be found in the City Administrative Policy Manual, Policy #25, a copy of which is attached to this notice of termination . John M. Collins, Chief of Police Date: 07 /28/2016 I have received and read a copy of this notice of termination. Officer Megan Feebeck Date ---------------··· ····-·--·-.. -·-----.. 3 • • • RESOLUTION NO. _.i2 SERIES OF 2016 A RESOLUTION SETTING TIIB LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS. WHEREAS, Section 138:3 of the Englewood Home Rule Charter provides that in matters of disciplinary and merit appeals, the City Council would appoint hearing officers to hold hearings and make findings and determinations; and WHEREAS, the passage of this Resolution will provide a list of persons for appointment as hearing officers by City Council for 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIB CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment as hearing officers for disciplinary and merit appeals by the City of Englewood: Bennet S. Aist::n.oerg Ronald J. Cohen John P. DiFalco ADOPTED AND APPROVED this 16th day of February, 016 . I, Loucrishia A. Ellis, City Clerk for WAity of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ::r:.L. Series of 2016. ~£3 • ,. BENNETTS. AISENBERG RESUME Law Offices of Bennett S.·Aisenberg, PC .. , Denver, Colo!ado, 1980 -present Partne1, Gorsuch, .Kiigis, Campbell, Walker and Grover, Denver, Colorado-, 1958 -1980 B..A., Economics, BI'D'Wll University, 1952 LL.B., Harvard Law School, 1955 U .S. Almy, 1955.-1957 Maiquis Who's Who in Amedca President, Brown Univeisity Club of Coloiado, 1967 -1970 President, Harvard Law School Association of Colorado, 1984· -19&5 • Denver, Col01ado, Massachusetts, and American Bar Associations Colorado Bar Foundation • American Trial Lawyers Association Colorado Trial Lawyers Association, Board Member, 1977 -1984; President, 1984 - 19 ~ 5; Life I ime Achievement Awai'd, 1996 Lecturer, Colorado Trial La\V}'ers Association, 1973 -present Trial Lawyers for Public Justice , State Chaitperson (Colmado) · Founding Member, Public Justice Foundation International. Society of Banisters Certification as a Civil Trial Advocate, National Board of Trial Advocacy, 1984 -1994 Judicial Nominating Commission (Denve1)-Gubernatorial Appointment, 1988 -1994 Denver Bar Association -: President 1991 -1992; Imstee, 1982 -1985, 1987 ·-1990; Representative to Board of Govemol's of Colorado Bar Association, 1978 -1980; Chaiipe1son, Entertainment Committee, 1975 -1977; Chaiipersoll-, Task Force to Assess Legal System, 1985-1986; Award ofMerit,2003 Colorado Bar Association -Presiden~ i998 -1999; Chaiiperson, Interprofessional Committee, 1978 -1980; Challperson, Altemative Disputes Resolution Committee on Empl'ciyment, 1979 -1980; Ethics Committee, 1986 -present; Amicus Cwiae Committee, 1991 -1994 Instructor, Torts, University of'Denver, School of Law, 1961 -1963 Instxuctor, Real Estate Law, University of Colorado Extension School, 1960 -1963 Instructor. National Institute fo1 Trial Advocacy. 1985 -1990 American Board of I rial Advocates National Academy of Albitrators; Member, Committee on Law and Legislation, 1986 - present; Rocky Mountain Region Challperson, 1984 -1985 Labor .Arbitrator, Federal Mediation and Conciliation Service 2 • • • • Qualifications: RESUME OF RONALD J. COHEN 2325 West 72nd Avenue Denver, Colorado 80221 303-4:27-7584 Juris Doctor Degree University of Denver June, 19'68 Ad.mi tted by Colorado Supreme. Court October, 196.8 Admitted by United States District Court October, 1968 Admitted by United States Court of Appeals . March, 1971 Admitted by United States Supreme Court March, 1972 ~ General Legal Experience: • Staff Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at· Law Commerce City, CO -1970-1972 Partner Gehler & Cohen Attorneys at Law Commerce City, CO -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Law Denver, CO -1982 to present. Municipal and Governmental Legal Experience: Assistant County Attorney Adams County, CO ·-1970-1972 Assistant City Attorney and Prosecuting Attorney Commerce City, CO -1970-1982 \ Prosecuting Atto~ney Northglenn, co -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, co -1972-1982 City Attorney Lafayette, co 1975-1990 Personnel Hearing Officer: Northglenn, CO Blackhawk, CO Parker, co Elizabeth, CO Littleton, CO En~lewood, CO Presiding Judge Northglenn; CO -1982 to present Presiding Judge Federal He.ights, CO -1982-1990 Presiding Judge Commerce City, CO -1987 to 2002 Presiding ·Judge Lochbuie, CO -1999 to 2002 Presiding Judge Hudson, CO -2001 to present Administrative Law Judge Adams County, CO -1988 to 1994 { • ' • • • • • NAME: AMERICAN ARBITRATION. ASSOCIATION RESUME FORM Centrestone Business Park, 8010 South County Road 5, Suite 206 •Windsor, CO 80528-9004 •Telephone: (970) 530-2121 •Facsimile: (970) 530-2122 • John P. Difalco CURRENT EMPLOYER!fITLE: Self-employed -Arbitrator/Mediator Difalco Corporation -President OCCUPATION: Attorney, Arbitrator EXPERIENCE: Over 3 5 years of experience as a civil trial lawyer specializing in government, administrative, and b•~es!: contract law including signficant experience in the practice of arbitration, mediation, and other forms of alternative dispute resolution. As a . municipal attorney, participated in the construction management of major' projects inlcuding performing arts center; senior center; recreation facilities; airport improvements; and wastewater, transportation, and waterways. Familiar with disputes relating to differing site conditions; design defects; change . orders; surety bonds; and municipal, state, and federal contract law. Possesses considerable government experience,. including negotiations with federal and state government agencies in connection with the construction of public buildings, wastewater and water treatment facilities, transit systems, and airports. Adjunct Professor Law at Regis University in Denver, Colorado. Arbitrator since 1980. As panelist for the American Arbitration Association and the Federal Mediation and Conciliation Service, has engaged in the practice of labor, commercial, and construction arbitration, mediation,· and other alternative dispute resolution. Clients include numerous public and private entities throughout the nation. Experience in mediating or arbitrating cases involving arbitrability, contract interpretation, delays, design defects, product liability, remedies, and many other issues. ISSUES: Arbitrability, benefits, cotnract interpretation, discharge, discipline, discrimination, external law, grievance procedure, job assignments, job classification, pay, seniority, subcontracting out, tenure issues (higher education), timeliness. INDUSTRIES: Entertainment, government (federal, state and local), grocery, higher education, meat packing, mining, oil and gas, postal, professional sports, public utilities, retail, schools, steel, telephone, transportation . WORKIDSTORY: President, DiFalco Corporation, 1980-present; Owner, John P. DiFalco & Associates, P.C., • 1987-2003; City Attorney, City of Greeley, CO, 1980-1987; Chief Negotiator/Labor Relations Attorney, City/County of Denver, 1977-1980; Hearing Examiner, U.S. Postal Service, 1972- 1977; Attorney & Labor Relations Specialist, U.S. Postal Service, 1972-1977, Attorney, Real Estate and Procurement; General Counsel, U.S. Postal Service. EDUCATION: Ohio State University (BA-1965; JD-1968); University of Northern Colorado (MA-1986). PROFESSIONAL ASSOCIATIONS: American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Committees on Public Sector Labor Relations, Arbitration Committee, and Office Management Committee); Industrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Association; National Academy of Arbitrators. Admitted to the Bar : Ohio, 1968; Colorado, 1972; District of Columbia, 1987; U.S. District · --• • . ... -.. • -... --. ,. • " ,.,,., .1 " r"t 1 1 ,,. nn ,., ,.,. •..1.. TT n cou..~, .IJ1str1ct or co1oraao; u.:s. ccu..11 or ... a..ppears: 1enm a.no. !4euerai t1,~0J ,_.!f(.~•J.its; •-•::?~: Supreme Court (1972). PUBLICATIONS AND SPEAKil"iG ENGAGE:MENTS: "The New Ethics Regulations -Confusing and Likely to Be Changed", POSTMASTERS ADVOCATE, March 1991; "Sexual Harassment Revisited", POSTMASTERS ADVOCATE, May/June 1989; "Supreme Court Permits Office Searches of Public Employees", POSTMASTERS ADVOCATE, December 1987; "Twenty Rules for Effective Meaningful Bargaining", POSTMASTERS ADVOCATE, August 1987; "Children as Negotiators: Is Theirs an Acquired or Inherited Trrut?", POSTMASTERS ADVOCATE, June 1987; "The Law and Policy on Sexual Harassment", NATIONAL LEAGUE OF CITIES, 1984; "Collective Bargaining", NEW ENGLAND MUNICIPALITIES, 1982; reprinted, NIMLO LAW DOCK.ET, 1983 and WASHINGTON ASSOCIATION OF CITIES, 1983; "Negotiation Impasse Planning", OKLAHOMA MUNICIPALITIES, 1981; "Municipal Strike Planning", COLORADO MUNICIPALITIES, 1980; SUPERVISOR'S GUIDE TO DISCIPLINE, 1979, revised 1985; "Management Negotiators: A New Breed", NATION'S CITIES, May 1978; "Rights of Crin:tlnals While Incarcerated", OHIO STATE UNIVERSITY LAW JOURNAL, 1978; DISCIPLINE AND GRIEVANCE HANDLING, 1973, revised 1986. ALTERNATIVE DISPUTE RESOLUTION TRAINING: Basic AAA Arbitrator Training, Denver, CO; AAA Advanced Arbitrator Training, New York, NY; Labor Arbitrator II, Phoenix, AZ; Advanced Arbitrator Training, Phoenix, AZ. LOCALE: Fort Collins, CO/Denver, CO/Loveland, CO • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Approval of an Amendment No . 2 to the Tyler August 15, 2016 11cix Technologies contract amendment to replace the current Finance/HR system (aka ERP system) Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of Administrative Services Finance and Administrative Services PREVIOUS COUNCIL ACTION On July 5, 2016, Council approved an amendment to the Tyler Technologies Agreement to provide installation and ongoing support of a Software as a Service (SaaS) product for all Finance and HR related functions. Which would replace the current Oracle system . RECOMMENDED ACTION Staff recommends Council approve, by resolution, the Tyler Technologies contract amendment for Software as a Service (SaaS) that corrects Exhibit 2, Item #1, to an initial term of 7 years . The original document (a Tyler standard template) had missed being updated for the agreed upon term. It still reflected 5 years and was in conflict with the remainder of the document. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Tyler Technologies (Saas model) was chosen to replace our current Oracle system, which is out of date, would need to be upgraded to maintain premier support from the vendor, and which is currently scheduled to be 'sun-setted' by the vendor in 2018 . The original agreement with Tyler Technologies for a 7-year term was approved by Council on July 5, 2016. Subsequently , it was identified by Tyler Technologies that there was a conflict of terms in the agreement as one area of the contract template had missed being updated to the 7-year agreed term . It was recommended that approval of the amendment to correct this oversight be brought back to Council for approval since City Council had earlier approved the contract. FINANCIAL IMPACT There is no financial impact for this amendment. It is merely a correction of language such that the agreement is consistent throughout as it relates to the term of years. LIST OF ATTACHMENTS Resolution Contract Amendment No . 2 for approval Original Amendment to Agreement (for reference) AMENDMENT • Th~ amendment{" Amendment') ~ madethis ~ day o~Ol6 ("Amendment Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, Ml 48098 ("Tyler") and the City of Englewood, CO, with offices at 1000 Englewood Parkway, CO 80 I 10. • • WHEREAS, Tyler and the Client are parties to License and Services Agreement (the ''License Agreement") with an effective date ofFebruary 2, 2016; WHEREAS, Tyler and Client now desire to add additional Tyler software and services to that License Agreement; and WHEREAS Client is a member of the National Joint Powers Alliance ("NJPA") and des ires to purchase off the NJPA Contract awarded to Tyler; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: SECTION A-DEFINITIONS Except as otherwise defined below, all defined terms shall have the meaning set forth in the License Agreement: • "Data" means your data necessary to utilize the Tyler New World Software. • ''Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the New World Investment Summary. • "Defined Concurrent Users" means the number of concurrent users that are authorized to use the Saas Services. The Defined Concurrent Users are 50. • "Saas Fees" means the fees for the SaaS Services identified in the Tyler New World Investment Summary. • "Saas Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler New World Software, and includes the right to access and use the Tyler New World Software, receive maintenance and support on the Tyler New World Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "Tyler New World Investment Summary" means the agreed upon cost proposal for the products and services attached as Exhibit 1 to this Amendment. • "Tyler New World Invoicing and Payment Policy" means the invoicing and payment policy applicable to this Amendment and attached as Exhibit 2. • "Tyler New World Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Tyler New World Investment Summary and licensed by us to you through this Amendment. • "Tyler New World Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler New World Software, and outlining your and our roles and responsibilities in connection with that implementation. The Tyler New World Statement of Work is provided at Exhibit 4. • "Tyler New World Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler New World Software, which is attached as Exhibit 3 to this Amendment. SECTION B -SAAS SERVICES t. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the Saas Services solely for your internal business purposes for the number of Defined Concurrent Users only. The Tyler New World Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler New World Software as part of the SaaS Services. You may use the Saas Services to access updates and enhancements to the Tyler New World Software, as further described in this Amendment. 2. Saas Fees. You agree to pay us the Saas Fees. Those amounts are payable in accordance with the Tyler New World • Invoicing and Payment Policy. The Saas Fees are based on the number of Defined Concurrent Users and amount of Data Storage Capacity. You may add additional concurrent users or additional data storage capacity on the terms set forth in Section J(l) of the License Agreement. In the event you regularly and/or meaningfully exceed the Defined Concurrent Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler New World Software, and anything developed by us under this Amendment. You do not acquire under this Amendment any license to use the Tyler New World Software in excess of the scope and/or duration of the SaaS Services. 3.2 The documentation we make available to you in connection with your use of the Tyler New World Software is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. 4. Restrictions . You may not: (a) make the Tyler New World Software or documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Saas Services; (c) access or use the SaaS services in order to build or support, and/or assist a third party in building or supporting. products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Saas Services, Tyler New World Software, or related documentation available to any third party other than as expressly permitted by this • Amendment. 5. Software Warranty. The warranty set forth in Section B(4) shall apply to the Tyler New World Software for so long as you are timely paying your then-current SaaS Fees . 6. Saas Services. 6.1 Our Saas Services are audited at least yearly in accordance with the AICPA 's Statement on Standards for Attestation Engagements ("SSAE") No . 16. We have attained, and will maintain, SSAE-16 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non- Disclosure Agreement ("'NOA"), we will provide you with a summary of our SSAE-16 compliance report or its equivalent. Every year thereafter, for so long as the NOA is in effect and in which you make a written request, we will provide that same information. 6.2 You will be hosted on shared hardware in a Tyler data center, but in a database dedicated to you, which is inaccessible to our other customers. 6.3 We have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler New World Software in the event of a disaster or component failure. In the event any of your data has been lost or damaged due to an act or omission of us or our subcontractors or due to a Defect, we will use best commercial efforts to restore all the data on servers in accordance with the architectural design 's capabilities and with the goal of minimizing any data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare , said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For purposes • of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the • • • Tyler New World Software must be restored . 6.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the Saas Services or environments related to the Tyler New World Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.6 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific. Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. 6.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned data. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.8 We provide secure data transmission paths from each of your workstations to our servers. 6.9 For at least the past ten (I 0) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Our data centers are accessible only by authorized personnel with a unique key entry. All oti1er visitors must be signed in and accompanied by 11uthorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. SECTION C -PROFESSIONAL SERVICES We will provide you with the professional services set forth in the Tyler New World Investment Summary according to the Tyler New World Statement of Work. You agree to pay us the professional services fees according to the Tyler New World Invoicing and Payment Policy. SECTION D-MAINTENANCE AND SUPPORT For so long as you timely pay your then-current Saas Fees, we will provide you with the maintenance and support services described in the Maintenance and Support Agreement set forth in the License Agreement, subject to the "Client Responsibilities and "Excluded Services" provisions set forth therein. The Tyler New World Support Call Process shall apply to this Amendment. SECTION E -TERM AND TERMINATION I. Term. The initial term of this Amendment extends seven (7) years from the first day of the month immediately following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Amendment will renew automatically for additional one (I) year renewal terms at our then-current Saas Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term . Your right to access or use the Tyler New World Software and the SaaS Services will terminate at the end of this Amendment. 2. Termination. In addition to the termination provisions set forth in the License Agreement, the following termination provisions apply to this Amendment. In the event of tennination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received~ or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section G(2) of the License Agreement. 2.1 Failure to Pay Saas Fees. You acknowledge that continued access to the Saas Services is contingent upon your timely payment ofSaaS Fees. If you fail to timely pay the Saas Fees, we may discontinue the Saas Services and • deny your access to the Tyler New World Software. We may also terminate this Amendment if you do not cure such failure to pay within forty-five (45) days of receiving written notice of our intent lo terminate. 2.2 Fees for Terminatjon without Cause during Initial Term. If you terminate this Amendment during the initial term for any reason other than cause, or if we terminate this Amendment during the initial term for your failure to pay SaaS Fees, you shall pay us the following early termination fees: (i) if you terminate during the first year of the initial term, l 00% of the SaaS Fees through the date of termination plus 25% of the Saas Fees then due for the remainder of the initial term; (ii) if you terminate during the second year of the initial term, 100% of the Saas Fees through the date oftenninalion plus 15% of the Saas Fees then due for the remainder of the initial term; and (iii) if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 10% of the Saas Fees then due for the remainder of the initial tenn. 2.3 Lack of Approoriations. This Amendment may be terminated for lack of appropriations, as set forth in Section H(3) of the License Agreement. For the avoidance of doubt, 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 Amendment. 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 Amendment 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 othenvjo;e made availabl l! in accordance with the rules, regu lations and resolutions of the City and a pplina blc lsw .. Upon th'e failure to appropriate such funds, this Amendment shall be deemed terminated. SECTION F-GENERAL TERMS AND CONDITIONS The address for notice to Tyler under this Amendment shall be the Tyler address set forth in the recitals clause of this Amendment, to the attention of Roger Routh. Except as otherwise set forth herein, this Amendment shall be governed by and construed in accordance with the applicable terms and conditions of the License Agreement, and all other terms and conditions of the License Agreement shall remain in full force and effect. For the avoidance of doubt, Seclion F of the License Agreement does not apply to this Amendment. JN WITNESS WHEREOF, tl1e parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc. By:~ Name: Mb j Ui 0.."?... Title\/ P 1 fi$. ~c M C--e~ Cb~ Date: ~ / /'~ /-i c 1 \c.i I ' City of Englewood, CO • • • • • Exhibit 1 Tyler New World Investment Summary The following Tyler New World Investment Summary details the software and services to be delivered by us to you under the Amendment. This Tyler New World Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Amendment. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • '.!. • ,0;,, '.-.-., .. --~'(,) •• new world .. .~···: : .... Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 Software and Related Services Description Flnandal Management Suite: Aoandal Management Base Suite -Includes GL, AP, Budget, Rev Collectlons, Misc. BIUlog & Rec., Bank Recon, OM, FM Analytics and Dashboards Contract Management Axed Assets GASB/CAFR Reporting Project and Grant Aa:ountJng Purchasing (Combo of POs and Reqs) Third Party Document Imaging Tyler cashiering Real Time Revenue Interface Flnandal Management Suite Subtotal: $ $ $ $ $ $ $ $ $ $ Module Saas Fee 30,827 3,485 7,002 7,849 11,644 12,744 5,742 11,882 5,742 96,918 Tyler New World ERP Private and Canfidenliill • Quoted By: Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 Prospect Name: Qty of Englewood, co Quote Number: 2016·0425ENG·SaaS Quote Desaiption: FM, HR, ESS Saas Tyler price quotations are valid for 120 days One-time Fees Implementation Data # of Days Cost Conversion 26 $ 31,720 $ 16,200 3 $ 3,660 4 $ 4,880 $ 5,500 5 $ 6,100 6 $ 7,320 5 $ 6,100 $ 4,000 1 $ 1,i20 5 $ 6,100 1 $ 1,220 56 $ 68,320 $ 25,700 Pagel • • • , • ,<, •''" •. •• • new world. () \f i \" .:-.·: \ ' Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO BOHO 303-762-2300 PayroU It Human Resources Suite: Payroll Processing -Includes Personnel Management, Position Control, Benefits Administration, leave Management, Personnel Acllon Proc., Position Budgeting, OM and HR Analytics/Dashboards COBRA BOiing Administration Benefits Tracking (Non-employee) Third Party Applicant Interface Time and Attendance Interface Workers Compensation Admln Employee Event Tracking Employee Retirement Tracking Payroll It Human Resources Suite Subtotal: eSulte Applications: eSulte Base ePersonnel Sufte(Employee, Tlmesheets, Ben Admin, Recruit) eSulte Application Subtotal: Overall Subtotal: Discount Amount: TOTAL INITIAL COST: $ $ $ $ $ $ $ $ $ $ $ $ $ $ 16,852 2,528 2,488 2,488 2,567 2,488 2,528 2,567 34,505 10,133 23,191 33,324 164,747 $0 164,747 Tyler New World ERP Private i!nd Confidential Quoted By: Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 Prospect Name: Qty of Englewood, CO Quote Number: 2016-042SENG-SaaS Quote Desaiption: FM, HR, ESS Saas Tyler price quotations are valid for 120 days 32 $ 39,040 $ 36,000 2 $ 2,440 1 $ 1,220 1 $ 1,220 3 $ 3,660 1 $ 1,220 2 $ 2,440 3 $ 3,660 $ 1,000 45 $ 54,900 $ 37,000 3 $ 3,660 Not Applicable 4 $ 4,880 Not Applicable 7 $ 8,540 $ 108 $ 131,760 $ 62,700 $ 131,760 $ 62,700 • Page 2 • •• ;'}'.( --(J.,, , ···"" • new world .. ._ · .. , : .. :..:.:. ~· .. Sales Quotation for: City of Englewood, co 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 ' Additional Implementation Services Quoted By: Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 Prospect Name: Oty of Englewood, CO Quote Number: 2016-0425ENG-SaaS Quote Desalption: FM, HR, ESS Saas Tyler price quoliltions are valid for 120 days Service Qty Description Fee Dedicated PM (25%) Consulting Services Professional Services Project Management Seivlces Include: a) Summary and Detailed Implementatlon Plans, 18 revisions as needed, b) regular project status reports and meetings, c) on-site project kick- off, d) on-site project close-out meeting Consulting Services (up to 25 days to lndcde the following services) -CPA Resource Consulting, Chart of Accounts, Conflguratioo Documentation, Process Changes 1 Documentation, Training Material Customization, Mid-Construction Review, System Configuration Assurance, Acceptance Test Development Assistance, Business Analytics, Report Construction Assistance 10 AddltJonal ten (10) professional seivlces ~ys as needed for Integration and interface development, report construction, documentation, or other jointly defined services Tyler New World ERP Private and Confidential .! $ 39,600 $ 27,500 $ 12,200 $ 79,300 • P~ge 3 • • • c~·· c~/c" ••• ''et •• new world .. Quoted By: Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 New World ERP Summary Total Software Total Services VPN Device Summary Total Estimated Travel Expenses Trips@ $2,000/each -Includes 22 Trips airfare, car rental, hotel accommodations and per diem 7 Year Saas Total (exduding estimated travel expenses) Footnotes One Time Fees $ 273,760 $ 4,000 Prospect Name: City of Englewood, CO Quote Number: 2016-0425ENG-SaaS Quote Desaiption: FM, HR, ESS Saas Tyler price quotations are valid for 120 days Recurring Fees $ 164,747 $ 277,760 $ 164,747 $ 44,000 $ 1,430,989 Assumes purchase of the proposed solution directly through Tyler Technologies and not through an RFP procurement procedure. Recurring SaaS fee lndudes NJPA discount and is based on a seven (7) year convnlbnent for up to fifty (SO) concurrent users. Saas fee Is calculated annually and billed quarterly. Any taxes or fees imposed are the responsibility of the purchaser and wlU be remitted when imposed. Tyler New World ERP Private and Confldenllal • P<lg<!4 •• ••••• ••• • • Exhibit 2 Tyler New World Invoicing and Payment Policy We will provide you with the software and services set forth in the Tyler New World Investment Summary of the Amendment. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Amendment. Invoicing: We will invoice you for the applicable software and services in the Tyler New World Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the License Agreement. J. SaaS Fees. SaaS Fees are calculated on an annual basis, and will be invoiced quarterly in advance, beginning on the Effective Date. Your annual SaaS fees for the initial 5-year term are set forth in the Tyler New World Investment Summary. Upon expiration of the initial term, your annual Saas fees will be at our then-current rates. 2. Services Fees. 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Data Conversion Services: Implementation and data conversion services are billed and invoiced as deiivered;at the rates set forth in the Tyler New World investment Summary. 2.3 Consulting Services: Consulting services are billed and invoiced as delivered on a time and materials basis, at a rate set forth in the Tyler New World Investment Summary. 2.4 Dedicated PM: Dedicated PM fees will be invoiced monthly in arrears, at the monthly rate set forth in the Tyler New World Investment Summary. 3. Expenses. The service rates in the Tyler New World Investment Summary do not include travel expenses. Expenses will be billed as set forth in Exhibit B to the License Agreement. Payment. Payment for undisputed invoices is due as set forth in Exhibit B to the License Agreement. • • • • • • Exhibit3 Support Call Process If, after you have cut over to live production use of the Tyler New World Software, you believes that the Tyler New World Software is Defective, as "Defect" is defined in the License Agreement, then you will notify us by phone, in writing, by email, or through the support website. Please reference http:h'www.tvlertech.com:'client-support for information on how to use these various means of contact. Documented examples of the claimed Defect must accompany each notice. We will review the documented notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then-current maintenance and support fees. In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations below. These categories are assigned based on your determination of the severity of the Defect and our reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via the same methods outlined above, to request the change. · In ~cfrinslai)ce of a Priority 1· Gr 2 Defect, prior to final Defect'curtectioi'•, the .;.-uppon ieam may offe r yol.i workaitru11ci-- solutions, in~luding patches, configuration changes, and operational adjustments, or may recommend that you revert back to the prior version the Tyler New World Software pending Defect correction. (a) Priority 1: An Defect that renders the Tyler New World Sofhl'are inoperative; or causes the Tyler New World Software to fail catastrophically. After initial assessment of the Priority 1 Defect, if required, we shall assign a qualified product technical specialist(s) within one business (l) hour. The technical specialist(s) will then work to diagnose the Defect and to correct the Defect, providing ongoing communication to you concerning the status of the correction until the Tyler New World Software is operational without Priority I defect. The goal for correcting a Priority I Defect is 24 hours or less. (b) Priority 2: A Defect that substantially degrades the peiformance of the Tyler New World SofhVare, but does not prohibit your use of the Tyler New World Software. We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt of your notice. The product technical specialist will then work to diagnose and correct the Defect. We shall work diligently to make the correction, and shall provide ongoing communication to you concerning the status of the correction until the Tyler New World Software is operational without Priority 2 Defect. The goal for correcting a Priority 2 event is to include a correction in the next Tyler New World Software release. (c) Priority 3: A Defect which causes only a minor impact on the use of the Tyler New World SofhVare. We may include a correction in subsequent Tyler New World Software releases . Exhibit 4 Tyler New World Statement of Work We will deliver the services set forth in the Tyler New World Investment Summary as set forth in the Amendment and, as applicable, as further detailed in this Statement of Work. Except as expressly stated in the Amendment, none of the services we provide you under this Statement of Work are services related to hardware or third-party products. Whenever possible, we will provide services remotely so as to control travel expenses . All service fees and expenses are payable according to the Exhibit 2. • • • • • • I. Protect Management Services • • ••• •• ••• •• Schedule I Tyler New World Professional Services We shall act as Project Manager to assist you in implementing the Tyler New World Software. Project Management Services include: a) Developing an Implementation Plan; c) Providing revised Implementation Plans (if required); d) Providing monthly project status reports; and e) Facilitating project status meetin~ • a project review (kickoff) meeting at your location • progress status meeting(s) during implementation via telephone conference or at your location ; and • a project close-out meeting at your location to conclude the project. t) Consultation with other vendors or third parties, if necessary. 2. Implementation and Training Support Services Implementation and training support services have been allocated for this project as described in the Tyler New World Investment Summary. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. The recommended implementation and training support services include: a) implementation of the Tyler New World Software; and b) Training you or assisting with your training on the Tyler New World Software. The project management, implementation and training support services provided by us may be performed at your premises and/or at our headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. Interface and/or Fixed Installation Services We shall provide interface installation services as described in the Tyler New World Investment Summary . • • •• 0 tyler •• • •• e• technologi es Schedule 2 Tyler New World Data File Conversion Assistance We will provide conversion assistance to you to help convert the existing data files specified below. If additional files are identified after the contract execution, estimates will be provided to you prior to us beginning work on those newly identified files. General 1) This conversion effort includes data coming from one unique data source, not multiple sources. 2) No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Data cleansing. removal of duplicate records, and editing must take place by you prior to providing the data to us. Our Responsjbiljties 1) , w~. will provide you with a conversion design doc1.1ment. for signC1ff prior t~ heghming . , , · development work on the data conversion. No conversion programming by us will commence until you approve this document. 2) We will provide the data conversion programs to convert your data from a single data source to the Tyler New World Software for the specified files that contain 500 or more records. 3) As provided in the approved project plan for conversions, we will schedule a conversion analysis trip and a separate data conversion testing trip to your location. The conversion testing trip for each application is a billable support trip, using standard daily billable rates, which is scheduled in conjunction with the delivery of the converted data to you. 4) We will provide you up to 3 test sets of the converted data. Additional test sets requested may/will require additional conversion costs. 5) We will provide the standard conversion record layouts to you and convert the available data elements defined in the standard conversion record layouts. 6) Up to seven years of historic data will be converted by us. Client Responsibilities I) You will provide data in standard conversion record layouts as provided by us. Submitted data files must include an accurate count of records contained in the files. 2) Data will be submitted to us in one of the following formats: AS/400 files, Microsoft SQL Server database, Microsoft Access database, Microsoft Excel Spreadsheet, or an ASCII-format delimited text file. Data and databases will be transferred using the New World ftp site. 3) You understand that files or tables containing less than 500 records or table entries will not be converted. 4) As provided in the project plan for conversions, you will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever our staff is on site regarding conversions. Roughly a one to one commitment exists for your commitment and our commitment. You understand that thorough and timely testing of the converted data by your personnel is a key part of a successful data conversion. 5) You agree to promptly review conversion deliveries and signoff on both the conversion • • • • • • design document and on the final conversion after the appropriate review. Applying the converted data to the production (Live) environment will constitute conversion acceptance by you. 6) If you cannot provide data in the format defined in our standard conversion record layouts then we will map the data to our standard conversion record layout at the Daily Rate. You must provide complete file and field definitions for us to map the data. Only one data source for each of the files described in the Tyler New World Investment Summary . ------·~-~ RESOLUTION NO. SERIES OF 2016 A RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO THE TYLER TECHNOLOGIES, INC. LICENSE AGREEMENT PERTAINING TO SUPPORT SOFTWARE AS A SERVICE (SaaS) THAT PROVIDES ON GOING SUPPORT FOR ALL FINANCE AND HUMAN RESOURCES RELATED FUNCTIONS. WHEREAS, the current Oracle system which supports all Finance and Human Resources related functions for the City of Englewood is out of date and needs upgrading to maintain premier support, which includes continued certifications with the City's 3rd party products and versions; and WHEREAS, upgrading the Oracle system has a one-time cost estimated at approximately $500,000 and would mean currently using de-supported tools that would also need to be replaced at additional cost; and WHEREAS, the City has decided to replace the Oracle system with the Tyler SaaS model which will serve the City better than our current licensing model; and WHEREAS, the Tyler SaaS model will maintain the software to the most current version, operate it on their equipment, provide security and provide disaster recovery for City data; it also offers web access (based on the City's designated security roles) and mobile device access/approvals; and WHEREAS, the Englewood City Council approved an Amendment to the Tyler Techonoloies Agreement to provide installation and ongoing support of a Software as a Service (SaaS) product for all Finance and Human Resources related functions, which would replace the current Oracle System, by the passage of Resolution No. 87, Series of 2016; and WHEREAS, subsequently Tyler Technologies identified that there was a conflict of terms in the agreement as one area of the contract template had missed being updated to the 7-year agreed term and recommended approval of Amendment No. 2 to correct this oversight. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby authorizes approval of the Tyler Technologies Saas Model Amendment No.2, attached hereto as Exhibit A. Section 2. The Mayor of the City of Englewood is hereby authorized to sign said Tyler Technologies Saas Model Amendment No. 2 for and on behalf of the City of Englewood. ADOPTED AND APPROVED this 15th day of August, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 1 • • • • • • Document# 1848-ENG 16 AMENDMENT NO. 2 This amendment {"Amendment") is made this __ day of 2016 {"Amendment Effective Datej by and between Tyler Technologies, Inc., a Delaware corporation with offices at One Tyler Drive, Yannouth, ME 04096 ("Tyler") and City of Englewood, CO, with offices at 1000 Englewood Parkway, Englewood. CO 80110 ("Client0 ). WHEREAS, Tyler and the Client are parties to Software License Agreement with an effective date of July S, 2016 (the "Agreement"); WHEREAS, Tyler and Client now desire to amend the Agreement; NOW TIIBREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. For the avoidance of doubt, and notwithstanding any reference to the con1rary in Exhibit 2 of the Agreement, the SaaS Term is for 7-years from the first day of the month immediately following the Effective Date, as stated in Section E( I). 2. Exhibit 2, Item #1, shall be amended to read as follows: l. Saas Fees. SaaS Fees are calculated on an annual basis, and will be invoiced quarterly in advance, beginning on the first day of the month immediately following the Effective Date. Your annual SaaS fees for the initial 7-year tenn are set forth in the Tyler New World Investment Summary. Upon expiration of the initial tenn, your SaaS fees will be at our then-current rates. 3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 4. All other tenns and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc. City of Englewood, CO By: _____ ~----------- Name: Joe Jefferson Title: Mayor Date: _________ _ 1848-ENG 16 072516 Saas Tenn Amendment • • • 13~ e EnYOF lewood g CITY MANAGER'S OFFICE TO: Honorable Mayor and Members of the City Council FROM: Eric A Keck, City Manager DATE: 8 August 2016 SUBJECT: Proposals for City Council Teamwork Session Multiple council members have spoken to me concerning the need for an outside facilitator to assist with council teamwork and dynamics . Mayor Jefferson requested that I obtain proposals from individuals that might be uniquely suited to provide this assistance and so I have done so . A few council people also had a positive interaction with a consultant, Leader's Edge, at the past summer's CML conference and so I have included this proposal as well. Quick Summary: Leader's Edge : $2,995 for one day workshop Transformation Point: Option A -$4,000 Option B -$4,300 Option C -$3,500 all for preparation and one day workshop Touchbase Coaching + Counseling : $10,800 for one day workshop I have attached all three proposals for your review. Staff has worked with Touchbase Counseling on presentation training in the past. The principle, Ric Taylor, is very adept at group dynamics and coaching. Transformation Point is the firm that is currently working with the Littleton/Englewood Wastewater Treatment plant on the preparation of their strategic plan as well as the creation of a strategic operational plan for the City. Kevin King, principle, is already very knowledgeable concerning the issues and challenges facing the City as well as the dynamics and culture of the administrative employees. Alignment of the City Council with the work being done already would be very powerful. Staff has not had an interaction with Leader's Edge but the proposal 's approach seems reasonable so long as the survey work done ahead of time truly creates a baseline for Mr. Piburn to work from. Staff will await the City Council 's direction on this matter and assist with the logistics for the one day seminar. Should you have any questions, please do not hesitate to contact me . • • • I ltiltti1&9 !!Jrui Consulting~ Inc. City of Englewood Requested information "Gregg is the best facilitator I have worked with in my 36 year City Management career." -Casper (Wyo.) City Manager John Patterson-retired in 2015 Executive summary At its most basic level, Leader's Edge Consulting "helps groups work together for greater success and satisfaction." As noted by best-selling author Patrick Lencioni, organizations that have healthy group dynamics realize a significant advantage that benefits everyone involved. Customization represents a key approach to my consulting and facilitation the past 24 years. Whether it involves group facilitation , focused training or personal coaching, my work is not canned but based on learning beforehand my clients ' context issues and desired results. As far as facilitation -which is my # 1 service -a skill I bring to my sessions is flexibility , having the ability to quickly determine the best course of action based on the goals and discussions and then to guide the group in areas that are truly relevant and/or energizing. I also bring a passion to help maximize the success and satisfaction of groups and individuals. Three philosophies that drive my success as a facilitator are: 1. Set the stage. A big part of my job as facilitator is to create an environment of openness (see #2). Part of the importance of stage setting, though, is to help participants realize early on that this is a different kind of meeting that has great potential in benefitting themselves, the organization and its citizens. And they know a truly valuable session is dependent on their active participation. 2 . Clarity brings power. I have created a communication model that brings home this truth, which results in groups having more open, creative and courageous conversation than ever before about relevant, difficult and/or exciting issues. This is a model that drives adult-to-adult, professional-to-professional dialogue. 3. The best answers are those the team creates themselves. At the end of the day I want my client groups to say, "We came up with some great ideas today and agreed to some solid plans that will lead to action. We nailed it." That is far better than having them say that an outsider came in to tell them what to do. In addition, I use my professional writing skills to produce memorable 1-page handouts relevant to specific discussions and also email concise session summaries within two or three working days after the session. Situation After my CML Conference workshop titled "Courage & Conflict," I had an informal discussion with Mayor Joe Jefferson and Councilors Rita Russell and Laurett Barrentine . Rita asked me to send this information to her. Proposed steps (if I were asked to facilitate a session) Step 1: Create and analyze a short online survey to garner more input beforehand from session participants. The responses would be for my eyes only but I would summarize survey results without noting who said what. This survey would allow me to customize for greatest relevancy and the summary could also be a springboard to meaningful discussion. Step 2: Prepare for, facilitate and summarize a I-day session. Proposed price schedule options Step 2: $2,695 .00 Steps 1&2: $2 ,995.00 (Note: I would not charge any additional expenses since I live in nearby Loveland.) References I have consulted for about 40 municipalities in Colorado, Wyoming and North Carolina. CML Executive Director Sam Mamet has used me to facilitate multiple sessions with his staff and often recommends me to his member towns and cities. (smamet@cml.org -303-831-6411) On my Linkedln profile are 29 "Recommendations"/testimonials from real clients in their real words . Final thoughts Author W.H. Auden wrote, "You owe it to us all to get on with what you're good at." As my blue tagline below notes, I help "unleash" teams and individuals to get on with what they are good at. That's what I'm good at and excited about. I find it quite progressive for leaders to not be satisfied with the status quo . Instead , they want to keep striving to become better. That is good for them individually and as a group. It also pays big dividends for the citizens. If given the green light, I pledge I will do my best to help make that happen. Thanks for your time and consideration. Submitted June 22, 2016 Unleashing the power of team & the power of one ljiijt.tQCJl!i@I Gregg Piburn * 970-227-1371 * gp@leadersedgeconsulting.com c 0 n s ult in g, Inc. Web: http://www.leadersedgeconsulting.com/ Linkedln : http ://www.linkedin.com/profile/view?id=3406296l&trk=nav responsive tab profile • • • • • • Transformatio6Point -p The Art & Science of Making Transformational Choices 2373 Central Park Blvd., Ste. 100 • Denver, Colorado 80238 • (303) 952.5050 Ext. 104 • lnfo@TransformationPoint.com INTRODUCTION Thank you for the opportunity to submit Transformation Point's proposal to facilitate a teamwork session to help the City of Englewood, Colorado City Council work more effectively together in conducting the City's business. Transformation Point, a Colorado based company, is uniquely qualified to do this work by applying our globally proven and proprietary T-Work® framework . We also thank you for trusting us to perform the past and current work we have done and are doing with the City of Englewood City Manager's Office and the Littleton/Englewood Waste Water Treatment Plant. We have earned the reputation of being trusted advisors and consultants, focused on the best interests of the City of Englewood. ABOUT THIS WORK We have done this work for over 17 years across more than 30 countries. In 100% of our engagements, the people involved have personalized their experience . They believe that members are behaving the way they are on purpose with negative intent. This is common because it aligns with science. Fundamental Attribution Theory explains that human beings are inclined to blame the people involved and not the situation . In other words, we make it personal. The reality is that the situation, combined with the stress tendencies of the people involved sparks irrational behavior. This behavior ignites the interpretation of intent. This is where Fundamental Attribution Error comes into play. We blame the people and not the situation. Objective facilitation is required to move the people involved from subjectivity to objectivity before a way forward can be defined. However, definition of the path forward is not enough. There also needs to be commitment! Our globally proven and proprietary T-Work® framework does both! THE T-WOR~ FRAMEWORK At Transformation Point, we work with our clients to define the situation they are facing, align their human dynamics with their organizational/functional dynamics , and execute their action strategies. Throughout each phase, we structure and facilitate your interactions without being prescriptive or leading with a solution. This allows us to be your guide from the side, not the sage on the stage. Our approach to facilitation has allowed us to become the facilitators , consultants and executive coaches our clients trust most, both in Denver and around the world . Transformation Point's T-Work® framework consists of three distinct phases . Page 1 of 5 City of Englewood & Transformation Point, Inc. Confidential Transformatio6Point -p The Art & Science of Making Transformational Choices 2373 Central Park Blvd., Ste. 100 • Denver, Colorado 80238 • (303) 952.5050 Ext. 104 • lnfo@TransfonnationPoint.com DEFINE In the Define phase , we help clients to surface and understand the biases and patterns of behavior that are producing their current results. Depending on the situation, we leverage cognitive style and personality assessments to understand the tendencies of the people involved to perform or act in a certain way. We may also conduct one-on-one interviews to gather individual perspectives on the situation. Where it makes sense, we will leverage thinking tools and processes to model the group dynamics and simulate the cause and effect relationships between critical variables. This approach allows the client to see the situation from multiple perspectives and to have the parties involved present their ideas in a safe and collaborative environment. More importantly , it helps participants quickly distinguish facts from assumptions and interpretations about motives and current performance. The end result is a common understand i ng of the current dynamics . After the Definition phase is complete we transition into the Align phase. ALIGN During the Align phase, we help clients leverage the information gathered in the Define phase to formulate a way forward. The way forward is centered on the client's human dynamics and group dynamics . Participants move from a subjectivity to objectivity . They understand their challenges and opportunities from multiple perspectives , including but not limited to: communications , human dynamics , process and leadership. Once alignment is achieved and the way forward is crafted , the next step is to Execute . EXECUTE In the Execute phase , you implement your plan and we support your team as you see fit. We provide ongoing coaching , training, advisory , consulting, and facilitation services depending on your particular needs . Following through on the commitments made in the Align phase is critical to successful execution. Consequently, we are available to you if you need us . We are not prescriptive! We facil itate you in deriving the solution that will be unique to your situation . It is our proven , science based , process that gives us confidence in our ability to help you commit to a new way of being and operating . This will allow you to leverage the unique talents and capabilities of your group to make contributions and • • achieve results. • Page 2 of 5 City of Englewood & Transformation Po int, Inc . Confidential • • Transformatio6Point -p The Art & Science of Making Transfonnational Choices 2373 Central Park Blvd., Ste. 100 • Denver, Colorado 80238 • (303) 952.5050 Ext. 104 • lnfo@TransfonnationPoint.com OPTIONS Transformation Point presents the following options aligned with our proven framework: Option A 1.Birkman Method Assessment on all participants that have not completed the assessment. 2.Confidential individual reports to be distributed to the person taking the assessment only. 3.No individual assessment debriefs. 4.Group report without names (masked) to explain the group tendencies and dynamics objectively. S.Facilitate full-day session with Council to define current dynamics and commit to new standards of operation (Based on expectations defined by Council). 6.Facilitate alignment of session outcomes with improving the dynamics between Council and City Management (Part of the full-day facilitated session). 1.0ne-On-One individual half- hour confidential interviews with each Council member. 2.Perform thematic analysis of interview data to "Name" key factors contributing to current group dynamics. 3.Produce confidential report (no names are attributions to any individual stating the findings of the thematic analysis). 4.Facilitate full-day session with Council to define current dynamics and commit to new standards of operation (Based on expectations defined by Council). S.Facilitate alignment of session outcomes with improving the dynamics between Council and City Management (Part of the full-day session). Option C !.Facilitate full-day session with Council to define current dynamics and commit to new standards of operation (Based on expectations defined by Council). 2.Facilitate alignment of session outcomes with improving the dynamics between Council and City Management (Part of the full-day session). The Transformation Point process is based on objectivity, competency development, and meaningful application. We help you move from a subjective to an objective understanding of the dynamic you are experiencing. Once the foundation of objectivity is established, we help you develop and apply the processes necessary to shift your dynamics and achieve your breakthrough . ASSESSMENT BASED Provides leaders with an objective baseline of data that explains the participant's motivational needs, strengths, and stress tendencies. This builds rapport and connection across the team and helps them objectively understand the patterns of behavior that are leading to challenges . Lastly, this process helps to open the communication channel so that new insights and possibilities can be discovered . OUTCOMES FOCUSED Leaders apply their understanding of why they do what they do. They also see a • measurable difference in effectiveness when they make different choices. Page 3 of 5 City of Englewood & Transformation Point, Inc. Confidential Transformatio6]Jo in t -p The Art & Science of Making Transfonnational Choices 2373 Central Park Blvd., Ste. 100 • Denver, Colorado 80238 • (303) 952 .5050 Ext. 104 • lnfo@TransformationPoint.com Regardless of the option you choose , we have the talent to get you to your desired outcome. The best and most sustainable results are achieved through Option A. FEES The fees associated with the above options are as follows: Option A $4,000.00 (Two members have already taken the Birkman assessment.) Individual debriefs can be purchased at an additional charge after this session for a fee of $475.00 per person . Option B $4,300.00 (All members would need to be interviewed.) Option C $3 ,500 .00 (One day of facilitation based on your goals leveraging our proven process .) • With either option, a report of session outcomes will be provided and is included in the • above pricing . Services will be delivered on mutually negotiated dates and times . One · day if Option C is selected. CLOSING We hope we will have the opportunity to work with you to improve your current dynamics. Attached are examples of the Birkman Method assessment report and a masked group report for your review. The following pages contains a select list of our clients beyond the City of Englewood and our CEO's summary biography. Once again, thank you for the opportunity to be considered for this work with Council. Transformation Point, Inc. www.transformationpoint.com Page 4 of 5 City of Englewood & Transformation Po int, Inc. Confidential • • • • Transf ormatio6'l:>oi nt -p The Art & Science of Making Transformational Choices 2373 Central Park Blvd., Ste. 100 • Denver, Colorado 80238 • (303) 952.5050 Ext. 104 • lnfo@TransformationPolnt.com AnadaPlql! Pet roleum Corporation -~ 1 .11 Page 5 of 5 USDA ~ SELECT CLIENTS <!_ij) Ingersoll Rand Inspi ring Progress '" ~·CASCADE iifll Fl~AN C1 1\1 .MA 1'AGF.Mf.""'"T, 1NC . THOMSON City of Englewood & Transformation Point, Inc. Confidential ~ ~11· ··~r i illo~pullrl -p Kevin L. King, MBA, Ph.D. (abd) Founder & CEO Kevin is a certified Birkman Method® consultant and management consultant with over thirty years of experience facilitating teams in defining solutions to business challenges, developing leaders, leading teams, improving organizational performance, implementing business solutions, and managing strategic organizational change . He is the author of THINK! Change Your Story, Change Your Life which is focused on achieving sustainable personal growth . A subset of Kevin's keynote topics include: • "THINK! Change Your Story, Change Your Life" • "Maximizing Employee Engagement" • "Influencing Through Relationship Management" • "Inclusive Leadership" • "Personal Branding" Kevin has extensive experience working with and for "Big 4" consulting firms delivering strategic engagements and driving transformational change. Kevin's consulting projects involve: Evaluating, reformulating, and deploying business strategies Facilitating individuals, teams, and organizations to breakthroughs Defining business transformation plans and change management strategies to maximize employee engagement Aligning performance management systems to strategies Streamlining and aligning business processes Assessing training needs, developing, and delivering training programs that link to improving business performance Aligning human capital strategies and workforce planning to business strategies Deploying program management infrastructure and methodologies Deploying program governance and oversight Advising individuals, teams, and organizations to higher levels of performance His industry experience includes Local, State, and Federal Government, Healthcare, Communications, Hi-tech Manufacturing, and Manufacturing. He has successfully held a number of positions including Director, Vice President, Partner and CEO. He has a successful track record in both business and education and he specializes in managing complex strategic and transformational change initiatives. Kevin has worked with clients domestically and internationally to include China, France, Finland, Germany, Belgium, Spain, Ireland, Italy, and the Czech Republic. He is a coach to executives and management teams and consults with leaders to increase individual, team and organizational performance. Kevin has completed all course work towards a Doctorate in Human Communication Studies at the University of Denver, an MBA in Management Information Systems from Oklahoma City University, and a BS in Business Administration from Wayland Baptist University. Kevin has also attended International Program Management School in France, Systems Dynamics Training through the University of Bergen in Norway, and has completed the Jonah Program at the Goldratt Institute in Theory of Constraints. • • • • • Training Proposal Creating Results that Matter as a City Council for Provided August 5, 2016 by • Orf ouch base Coaching + Counseling Ric Taylor, MA OCT1ouchbase ••••••••••••••••••••••••••••• Coaching+ Counseling Purpose of the training The proposed training will help the City Council become a more united and productive team. Council members will build their confidence as a group, learn tools for resolving conflict by communicating for results, and focus on their policy-management initiatives. When leadership boards and councils encounter difficulties with group cohesion, members often feel compelled to focus on their individual objectives. Or, they attempt to directly administer the staff and their efforts. These are noble attempts to make an impact and stay productive. But when these efforts are done outside the purview of the group, they can negatively impact other groups and individuals who rely on the council for cohesive leadership. The proposed training and one-on-one appointments with council members will help build a more collaborative environment for the council with focus on creation and management of policy. Training Objectives PERFORM DUTIES AS A COHESIVE GROUP: Learning to become accountable for the results we create and how they impact others is the foundation for trust. Participants will develop awareness of their thinking and behavioral styles and how they impact individual and group interaction. DEMONSTRATE COOPERATIVE COMMUNICATION SKILLS: Attendees will learn the mechanics of communication and how to untangle conflict and turn it into a negotiable outcome. With mock scenarios, practice scripts, and interactive exercises participants learn to use their natural styles to embody productive communication. FOCUS ON MANAGING POLICY: Participants will discuss how budget, time, scope, and quality are constraints that must be considered in long-term planning. Also, participants will learn how the roles of leadership differ from the roles of staff and management and how constraints are the measures of success for policy. Proposal Summary • Seven assessments and follow-up consults for behavioral and thinking styles o (Predictive Index, Emergenetics, or other well-vetted assessment will be used) • Seven individual meetings with council members • Customization of training based on findings in individual meetings • Full-day training Total: $10,800 Ric Taylor, MA· 720-924-1144 • www.touchbasecounseling.com ·Lone Tree, CO 80124 Page 2 • • • • • • Logistics 1. PREPARATION: Ric Taylor will contact each participant with information about taking their online assessment and scheduling their individual follow-up meeting with Ric. 2. ASSESSMENT: The assessment will be an online set of questions that require 20-40 minutes to complete. A certified facilitator will call the participant to discuss their results. These results will be shared with Ric and provide discussion material for their individual meeting. 3. INDIVIDUAL MEETINGS: Ric will meet individually with each participant for at least an hour to discuss results of the assessment, the individual's perspective about the council, and other issues they want to address in the training. 4. THE TRAINING: The proposed training will occur from 9:00am to 4 :00pm in a city- owned facility away from City Administration Offices (for example , a meeting room at the Golf Course complex). The Assessment The assessment will provide participants with insights into their personal style of thinking and behavior. For example, a highly social person will want to engage verbally to make a decision while an analytical person may prefer a written exchange such as email. These assessments are well -researched and used by thousands of organizations world-wide. To help each participant garner the highest value from their assessment, a trained facilitator will be available to provide a phone consult to discuss the results. Examples of assessments considered are: Emergenetics: https://www.emergenetics .com/products-services/assessments/emergenetics-profile Predictive Index: http://www.predictiveindex.com Hogan Development Assessment: http ://www.hoganassessments.com/ Other Attendees It is expected that all seven city council members will complete their assessments , discuss the results with the assessment facilitator by phone , meet with Ric for their individual consult, and attend the training. It may be helpful for the City Manager and Assist City Manager to attend the training as well. However, their attendance will not impact the scope or price of this training project. Ric Taylor, MA· 720-924-1144 • www.touchbasecounseling .com ·Lone Tree , CO 80124 Page 3 O~ouchbase ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Coach~g+Couns~lng Creating Results that Matter as a City Council: Training Outline Introduction (9:00am) • • Housekeeping: Names, Logistics, My role today Individual strengths and group cohesion • Impact of beliefs, thoughts, feelings, and behaviors • Personal Thinking and Behavioral Style assessment results • Extreme accountability -MID-MORNING BREAK • Audacity through strengths • What flows through you (Inspiration vs Influence) • Creating results as a team Communicating for results • The TALC (trigger, attention, like , change) communication method • The purpose of conflict, the Judgement Loop, and the Granite Mirror • Finding a negotiable commonality --LUNCH BREAK -(12:00-1 :00) • Practicing the TALC method (in-class exercise) • Leading a meeting by Zooming on topics Creating Results • Constraints as levers for results • • Leadership, management, and staff roles -AFTERNOON BREAK • Mock meetings, practicing the methods • The burden of leadership Conclusion • Recap major points (4:00pm) Total Time for the Course is 6-hours. • Ric Taylor, MA· 720-924-1144 • www.touchbasecounseling.com ·Lone Tree, CO 80124 Page 4 Or.f ouchbase ••••••••••••••••••••••••••••••• Coaching+ Counseling • About Ric Ric Taylor is an expert on relationships in the workplace, home, and community. He combines his background in corporate environments with his experience as a professional coach and psychotherapist to create profound change in the lives of his clients and audience members. Before starting his private practice, he worked in the Information Technology field for 20 years for start-ups and Fortune 500 companies. He has helped professionals in various industries improve their communication, overcome destructive behaviors, rekindle broken ties , and align their careers with their personal strengths. Ric is the owner of Touchbase Coaching + Counseling where he offers : • Executive Coaching • Counseling for Adults • Presentations and Workshops Presentation Topics • Communication • Conflict Resolution • Emotional Intelligence • Executive Presence • Leadership Skills • Public Speaking • Comments from Previous Clients • I've been working with Ric for the past 2 months and in my experience the combination of life coaching and counseling that Ric and Touchbase offers (and delivers on) is phenomenal. I've experienced both of these components separately at different times in my life and am finding Ric's unique blend of the two modalities produces results superior to either one alone. Z. Page The skill I'm most likely to use in my career is "The Granite Mirror". Being able to stop and digest what someone is saying is a really great tool that was not built-in to my personality. J Robbins I learned that while I listen , I am prone to trying to fix a problem rather than helping the speaker facilitate their own solution. S. Aylers ~ .. ~prrl -·~ -4 -4 ® Proj ect Manage men t Ins titut e EXTREME ~Ya TOASTMASTERS -~111\'rlo "lll/ ,h,·n o'li/l/<l/J 11! Seri•ice Coordinators Ric Taylor, MA· 720-924-1144 • www.touchbasecounseling .com ·Lone Tree, CO 80124 Page 5 .................................................... <:)~2~f l!2~~~ Professional Service Agreement This Service Agreement (Agreement) is entered into, as of the date of execution below, by and between City of Englewood (Client) and Touchbase PLLC (Touchbase). Client agrees to retain Touchbase to provide the services identified below (Services), pursuant to the terms of this agreement. 1. Services Provided by Touchbase to Client: • Seven individual meetings with council members • Seven assessments and follow-up consults for behavioral and thinking styles • Customization of training based on findings in individual meetings • Full-day training 2. Venue and food 2.1. Client will provide a venue to include: adequate space for an interactive training, a video projector and 10 chairs arranged in a classroom arrangement. Client will provide food and drinks unless agreed otherwise. 3. Payment and Terms 3.1. Client will pay Touch base a fee of $10,800.00 for completion of the services as defined above . Touchbase will invoice Client for half the amount at the start of the project and half after the workshop has completed. 4. Confidentiality 4.1. Detailed personal information from private meetings will not ever be shared or disclosed. An exception is made if information related to harming self or others is disclosed. This Agreement constitutes the entire agreement of the parties. This Agreement may only be modified by a written amendment executed by both parties, unless it relates to additional services which may be agreed upon by a written email exchange between the parties. Notices are deemed to be received upon confirmation of receipt by email. Touchbase PLLC By:@ ~wt- Print: Richard S. Taylor Title: Owner. Touchbase. PLLC Date: August 5. 2016 City of Englewood By: ___________ _ Print: ___________ _ Title: ___________ _ Date : ___________ _ Ric Taylor, MA• 720-924-1144 • www.touchbasecounseling .com ·Lone Tree , CO 80124 Page 6 • • •