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2015-03-02 (Regular) Meeting Agenda Packet
1. Call to Order. 2 . Invocation. 3. Pledge of Allegiance. 4. Roll Call. Agenda for the Regular Meeting of the Englewood City Council Monday, March 2, 2015 7:30 pm Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 5. Consideration of Minutes of Previous Session. a. Minutes from the Regular City Council Meeting of February 17, 2015. 6. Recognition of Scheduled Public Comment. (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. Phil Gilliam, an Englewood resident, will be present to discuss the City of Englewood's budget. 7. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments. Please note: lfyou 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. Englewood City Council Agenda March 2, 2015 Page 2 9. Consent Agenda Items a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. i. Council Bill No. 3, authorizing the application for and acceptance of the Victim Assistance Law Enforcement (VALE) grant funding for 2015 in the amount of $19,398.00. ii. Council Bill No. 4 , authorizing the renewal of an intergovernmental agreement with the Department of Revenue, Division of Motor Vehicles, Title and Registration Section for the State of Colorado. iii. Council Bill No. 6, authorizing the renewal of an intergovernmental agreement with Colorado State University for a cooperative research project on the land application of wastewater biosolids to dryland wheat farming operations. iv. Council Bill No. 7, authorizing the renewal of an intergovernmental agreement for joint funding with the U.S . Geological Survey for two gauging stations and one monitoring station. c. Resolutions and Motions. i. Recommendation from the Public Works Department to approve a resolution modifying the Public Works Right-of-Way permit fee schedule Staff Source: Dave Henderson, Deputy Public Works Director. ii. Recommendation from the Water and Sewer Board and the Utilities Department to approve a resolution authorizing a Granular Activated Carbon Lease Agreement for two filter for thirty months with Calgon Carbon Corp., the lowest acceptable bidder, in the amount of $276,647.55 . Staff Source: Tom Brennan, Engineer IV. iii. Recommendation from the Water and Sewer Board and the Utilities Department to approv e, by motion, the purchase of water meters and electronic remote transmitters. Staff recommends purchasing the equipment from National Meter and Automation, Inc. in the amount of $84,254.36 in conjunction with Denver Water's purchase to ensure the best quantity price . Staff Source: Stewart H. Fonda, Director of Utilities. iv. Recommendation from the Public Works Department to approve, by motion, a construction contract for the Recreation Center HVAC replacement equipment. Staff recommends awarding the contract to the lowest acceptable bidder, Colorado Mechanical Systems Inc., in the amount of $594,800 [Contingent on approval of 11 c ii]. Staff Source: Michael Hogan, Facilities and Operations Manager. 10. Public Hearing Items. (None Scheduled) Please riote : 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. ' Englewood City Council Agenda March 2, 2015 Page 3 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 5 -Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance authorizing an amendment to the current intergovernmental agreement with the Englewood Public Schools to include scheduling and maintenance of the tennis courts. Staff Source: Jerrell Black, Parks and Recreation Director and Dave Lee, Open Space Manager. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. Recommendation from the Water and Sewer Board and the Utilities Department to approve a resolution approving a bid for the Allen Water Plant Roofing Replacement project to Alpine Roofing Company, Inc., the lowest technically acceptable bidder, in the amount of $481,939. Staff Source: Tom Brennan, Engineer IV. ii. Recommendation from the Finance and Administrative Services Department to approve a resolution authorizing a transfer from the General Fund to the Public Improvement Fund for the Dartmouth Bridge Project, in the amount of $1,500,000, and the Recreation Center HVAC repair, in the amount of $326,000. Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services. 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 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 services are needed. • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 17, 2015 A permanent set of these minutes and the audio are maintained in the City Clerk's Office. Minutes and streaming audios are also available on the web at: http://www.englewoodgov.org/inside-city-hall/city-council/agendas-and-minutes 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Penn at 7:47 p.m. 2. Invocation The invocation was given by Council Member Mccaslin. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin. Roll Call Present: Absent: A. quorum was present. Council Members Jefferson, Olson, Gillit, Mccaslin, Wilson, Yates, Penn None Also present: City Manager Keck City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Carlile Director Gryglewicz, Finance and Administrative Services Director White, Community Development Director Kahm, Public Works Victim Assistance Coordinator Wenig Court Administrator Wolfe Littleton/Englewood WWTP Division Manager Tallent Streets Manager Hagan, Public Works Police Commander Condreay Fire Chief Marsh 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 2, 2015. Vote results: • Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None Motion carried . Englewood City Council February 17, 2015 Page 2 6. Recognition of Scheduled Public Comment (a) James Jordan, an Englewood resident, addressed Council on the Englewood Fire Department options . He is a former firefighter and wanted to discuss possible options of purchasing quality used fire trucks. He would like to see Council look outside the box and find a way to save this department. 7 . Recognition of Unscheduled Public Comment (a) Elaine Hults, an Englewood resident, was surprised at comments made in Study Session. She said she was aware of the City's financial situation. Don't blame the Finance Director. She felt Denver Fire is the best option for now. If we watch our spending over the next five years we can possibly get our Fire Department back. (b) Ida May Nicholl, an Englewood resident, discussed the City's previous budgeting decisions. She asked where is the money from all the funds listed in the 2014 financial report? She felt a line item financial report would be a good idea. She feels the citizens should be able to trust City Council to make good decisions. (c) Rita Russell, an Englewood resident, agreed with Council Member Yates comments made in Study Session about the budget. You can't spend more than you take in without getting into trouble . We have got to start paying attention to where we are spending money , if we are going to get back into a financially stable position . (d) Michael Long, an Englewood resident, wants the City to put the fire contract out to bid to allow other entities to participate. He felt the facts have not been allowed to come out. Council responded to Public Comment. 8. Communications, Proclamations and Appointments (a) An email from Brenidy Rice announcing her resignation from Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER MCCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT THE RESIGNATION OF BRENIDY RICE FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Vote results: Motion carried. Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (b) Approved minutes from the January 13, 2015 Library Board meeting accepting the verbal resignation of Stephanie McNutt was considered . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO ACCEPT THE RESIGNATION OF STEPHANIE MCNUTT FROM THE LIBRARY BOARD. Vote results: Motion carried . Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (c) An email resignation from Andrea Mallen announcing her resignation from the Cultural Arts Commission was considered. COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO ACCEPT THE RESIGNATION OF ANDREA MALLEN FROM THE CULTURAL ARTS COMMISSION. • • • • Englewood City Council February 17, 2015 Page 3 Vote results: Motion carried. Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None 9. Consent Agenda COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (a) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. Vote results: Motion carried . Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (b) Approval of Ordinances on Second Reading • There were no items submitted for approval on second reading . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (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 (i) Court Administrator Wolfe presented a recommendation from the Municipal Court to adopt a bill for an ordinance authorizing the renewal of an intergovernmental agreement with the Department of Revenue, Division of Motor Vehicles, Title and Registration Section for the State of Colorado . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 4. COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO, DIVISION OF MOTOR VEHICLES REGARDING THE SHARING OF VEHICLE OWNERSHIP .NFORMATION. Englewood City Council February 17, 2015 Page4 Vote results: Motion carried. Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (ii) Manager Tallent presented a recommendation from the Littleton/Englewood Wastewater Supervisory Committee to adopt a bill for an ordinance authorizing the renewal of an intergovernmental agreement with Colorado State University for a cooperative research project on the land application of wastewater biosolids to dryland wheat farming operations. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 6. COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLORADO STATE UNIVERSITY (CSU) AND LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT AND FOR THE APPLICATION OF CHEMICALLY COAGULATED PHOSPHORUS BIOSOLIDS. Vote results: Motion carried . Ayes: Nays: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson , Olson, Gillit None (iii) Manager Tallent presented a recommendation from the Utilities Department and the Littleton/Englewood Wastewater Supervisory Committee to adopt a bill for an ordinance authorizing the renewal of an intergovernmental agreement for joint funding with the U.S. Geological Survey for two gauging stations and one monitoring station. COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 7. COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U.S. DEPARTMENT OF THE INTERIOR U.S . GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." Vote results: Motion carried . Ayes: Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson, Gillit Nays: None (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to approve a resolution setting wages for non-union employees in 2015 . • • • • Englewood City Council February 17, 2015 Page 5 COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 36, SERIES OF 2015. RESOLUTION NO . 36 , SERIES OF 2015 . A RESOLUTION APPROVING A WAGE INCREASE FOR NON-UNION EMPLOYEES OF THE CITY OF ENGLEWOOD FOR 2015. Vote results: Motion carried. Ayes: Council Members Yates , Mccaslin, Wilson , Penn, Jefferson, Olson, Gillit Nays: None (ii) Director Wh ite presented a recommendation from the Community Development Department to approve a resolution authorizing the assignment of the LCP Oxford, LLC Redevelopment Assistance Agreement to Oxford Station Investors , LLC . COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 37, SERIES OF 2015. RESOLUTION NO . 37 , SERIES OF 2015. A RESOLUTION APPROVING THE SECOND ASSIGNMENT OF A REDEVELOPMENT ASSISTANCE AGREEMENT PREVIOUSLY MADE WITH LCP OXFORD , LLC , FOR THE REDEVELOPMENT OF THE a.OXFORD STATION TOD IN THE CITY OF ENGLEWOOD, COLORADO TO OXFORD STATION INVESTORS , W-LC. Vote results: Motion carried. Ayes: Council Members Yates , Mccaslin, Wilson , Penn, Jefferson, Olson , Gillit Nays: None (iii) Director Kahm and Manager Hagan presented a recommendation from the Public Works Department to approve a resolution authorizing the sole-source purchase of an Arctic Shark from Macdonald Equ ipment Company in the amount of $39 ,265.00. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 38, SERIES OF 2015. RESOLUTION NO . 38, SERIES OF 2015 . A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF AN ARCTIC SHARK ICE REMOVAL TOOL TO MACDONALD EQUIPMENT COMPANY. Vote results: Motion carried. Ayes : Council Members Yates , Mccaslin , Penn, Jefferson , Olson, Gillit Nays: Council Member Wilson 12 . General Discussion • (a) Mayor's Cho ice Englewood City Council February 17, 2015 Page 6 (b) Council Members' Choice (i) A resolution authorizing wage and benefit adjustments for the City Attorney was considered . COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO APPROVE AGENDA ITEM 12 (b) (I) -RESOLUTION NO. 39, SERIES OF 2015. RESOLUTION NO . 39, SERIES OF 2015 . A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO FOR THE CALENDAR YEAR 2015. Vote results: Motion carried. Ayes : Council Members Yates, Mccaslin, Wilson, Penn, Jefferson, Olson , Gillit Nays: None 13. City Manager's Report City Manager Keck did not have any matters to bring before Council. 14. City Attorney's Report 15. Adjournment MAYOR PENN MOVED TO ADJOURN. The meeting adjourned at 8:39 p.m. /s/ Loucrishia A. Ellis City Clerk • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT March 2, 2015 PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES PLEASE PRINT NAME ADDRESS TOPIC • • • ORDINANCE NO. SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO . 3 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS , the City of Englewood Police Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; and WHEREAS, the Englewood City Council authorized the 2014 VALE Grant acceptance by the passage of Ordinance No. 8, 2014; and WHEREAS, the staff seeks Council approval of an Ordinance authorizing the application for and, if granted the acceptance of a 2015 VALE grant in the amount of $19,398.00, for the period of July 1st, 2015 to June 30th, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the application for and acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A " and attached hereto. Section 2. The Mayor is hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Section 3. The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. Introduced, read in full , and passed on first reading on the 17th day of February, 2015. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 19th day of February, 2015 . Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of February, 2015 for thirty (30) days. 9 bi Read by title and passed on final reading on the 2nd day of March, 2015. Published by title in the City's official newspaper as Ordinance No._, Series of 2015, on the 5th day of March, 2015. Published by title on the City's official website beginning on the 4th day of March, 2015 for thirty (30) days. Randy P. Penn, 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 2015. Loucrishia A. Ellis • • • For Official Use Only: Date Received Application Number V/S or UE Project Duration to Previously Funded Yes No All Materials Included Yes .te of Board Review Approved __ Denied Award Amount __ _ ***************************************************************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial, CO 80111 (720) 87 4-8608 tlassiter@da1a.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately. Application must be typed or printed in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit one original and eight copies of your application. Limit application to 12 pages Including cover sheet and signature page, but excluding attachments. Do not use a font any smaller than 12 point. I. 11. •• IV. APPLICANT AGENCY Englewood Police Department PROJECT TITLE Victim/Witness Advocate Project Director Nancy Wenig Phone 303-762-2452 Fax 303-783-6902 Address 3615 S. Elati St Englewood. CO 80110 E-mail: nwenig@englewoodgov.org Web page http://www.englewoodgov.org/I ndex.aspx?page=487 AMOUNT REQUESTED $19.398.00 NON-PROFIT STATUS: __ Yes x __ No __ In Progress Tax ID Number _____________ _ GOVERNMENT AGENCY: _x _YES NO V. REQUIRED ATTACHMENTS (Include with all copies): • A Budgets 1. Agency Budget (Waived for governmental agencies) 2. Victim Assistance Program Budget 3. Itemized Project Budget (must include budget narrative) B. Copy of 501 (c) (3) IRS Tax Ruling (if applicable) C. Listing of Board of Directors and Key Officers 0. Copy of current Financial Statement and Audit Report -(Waived for governmental agencies) (Attach to original copy only) E. Management Letter from Auditor -(Waived for governmental agencies) F. Random Sampling of Client Satisfaction Surveys G. If you are requesting a full or part-time position, you must attach your agency's classification of that position and job description H. Resume of program/project administrator APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (10/2009) 1 E x H I B I T A SECTION A: PROJECT CONCEPT/DESIGN 1.Description of the applicant agency: Englewood Police Department provides emergency response to crime and non-crime incidents within the City of Englewood as the primary law enforcement agency for the City. 2. Substantiate or quantify the problem your program is designed to address within this community, i.e. factually or with other supportive documentation. Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. This position is currently held by Nicole Maynard. 3. Description of the project, which would be funded by VALE, funds in the 18th Judicial District. (Be specific regarding what services VALE funds will provide to this community.) The Victim/Witness Advocate for the Englewood Municipal Court will provide support for victims of domestic violence through the Court process. The position also ensures that victims are informed of their Rights under the Victim Right's Act and assists in providing those Rights. During the period from July 1, 2013 to June 30, 2014 there were 250 victims of domestic violence served • in the Municipal Court. The Victim/Witness Advocate assists victims at arraignments, penalty hearings, probation reviews, motions hearings, show cause hearings, and trials. Ms. Maynard also contacted victims through telephone calls, personal appointments, and letters. These contacts are • to answer questions, inform victims of their Rights, and to discuss needs. We expect the need for services to remain the same, or increase, for this upcoming Grant cycle. 4. A. Identify and describe the project's goals and objectives . Your objectives must be measurable and specific. • To provide a Victim/Witness position to ensure support for victims of domestic violence through the Court process according to the standards set forth in the Victim Rights Act. • To ensure that victims in the Englewood Municipal Court are informed of their Rights under the Victim Rights Act. • To provide follow-up with victims after Court. • To educate victims of the dynamics of domestic violence. • To provide referrals to appropriate community resources such as Victim Compensation, counseling, legal or financial assistance. • To maintain contact with agencies or individuals such as Victim Compensation, Interfaith Task Force, Human Services, shelters and therapists to maintain up-to-date resources available to the victim. • To work closely with the probation officer to be sure that the goals of ther~py are being met and the needs of the victim are being considered. 2 • (Section A question 4. A. continued) • • To keep a client "check list" form for each domestic violence client served. This checklist will include referrals made, Victim Compensation application given, therapists suggested and restitution requests. • To maintain Court information, brochures and referral resources for clients from various ethnic backgrounds using translation and counseling services listed in our Resource Book. B. What is your timetable and work plan for accomplishing your objectives? Our timeline is ongoing. 5. A. Address what problems, if any, you anticipate in implementing the program/ project goals and objectives. There has been a lot of staff turnover in the Municipal Clerk's Office. This has made receiving timely notification of Court procedure more difficult. The Victim Assistance program has made a considerable effort to provide education and training to the new staff. We anticipate that there will be times that the Advocate will not be notified of hearings or change in status. In order to be kept best involved, we will be reviewing the docket more frequently in an effort to keep apprised of the status of cases . B. How do you plan to resolve these problems? • Victim Assistance has an excellent working relationship with the Prosecutor's Office and the Court. Victim Assistance is part of a collaborative effort to solve the problem and represent victims in the solution. This includes constant conversations with all parties to ensure victims are being kept informed and considered in the solutions. SECTION B: SERVICE INFORMATION 1.A. Define the population and geographic area targeted for services through this project. This program will be available to all victims of domestic violence who are victimized in Englewood and whose case is heard in the Englewood Municipal Court. B. If the project is not located entirely in the 18th Judicial District, what percentage of services would be for victims and witnesses in the 18th Judicial District? The project is located entirely in the 18th Judicial District. .2. A. Include a brief description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to 3 achieve the ability to work effectively within the cultural context of an individual or community from a diverse culture/ethnic background. If the project does not now strive to offer culturally competent services, how will you do this in the coming grant period? Include cultural competency efforts in the goals and objectives in Section A, question 4. • • We use the services of the Translation and Interpreting Center for translations in Court to include spoken languages as well as sign language. • The Court is equipped with a FM system for people who are Deaf or Hard of Hearing. • All of the Court information is translated into Spanish. We have a Spanish speaking translator for Court hearings which are scheduled once a month for all the Spanish speaking clients. • We have available a list of agencies from many ethnic backgrounds and are constantly updating this list. Examples include: Asian Pacific Development Center, DOVE, CHAI, Servicios de la Raza, and Muslim Family Services. • We have packets designed specifically for the Gay, Lesbian, Bisexual, Transgendered, Queer population and the unique dynamics presented. • We have packets designed to address male victims. In addition to providing information in native languages, the program strives to provide culturally competent services by attending trainings and meetings to update the Advocates. Ms. Maynard and Ms. Wenig have attended several trainings, provided by the Colorado Coalition Against Domestic Violence and the Colorado Organization for Victim Assistance, on culturally appropriate responses and interventions. Ms. Maynard and Ms. Wenig take advantage of training opportunities to further cultural competence and the conversation continues within the Victim Assistance Unit and the Department as a whole. This information is then incorporated into the packet for victims . 3. A. What number of people is in need of the services as proposed by this project? (Identify source of information). From July 1, 2013 to June 30, 2014, there were 78 new victims and 250 total victims served in the Municipal Court as documented by Court records. The VictimNJitness Advocate attempts to contact all those whose lives are impacted by domestic violence, identified by either offense reports or incident reports. During this time period, Ms. Maynard contacted 124 people affected by domestic violence outside of the Court process. These victims made contact with the Police Department and the incident did not rise to the level of an arrest; however, services were offered to these victims. Historically, these numbers remain similar and we anticipate the same level of need for the upcoming Grant cycle. B. What number of people are currently being served in the 18th Judicial District and how? (Identify source of information.) Explain how you report client numbers and service numbers. 4 • • • • At present, there are approximately 255 domestic violence cases active in the Municipal Court and approximately 115 victims being served from 2014 and previous years. Each month, approximately 1 O cases are finalized; hence, the number of active cases is constantly changing. Ms. Maynard keeps a written record of all client contacts. At any point during the case, a victim may require notification or intervention. There are approximately 15 to 20 new cases each month. C. What percent of the victims you serve are monolingual Spanish speakers? There are approximately 2% monolingual Spanish speaking victims. One afternoon per month is designated . as a Spanish-speaking docket. All of the Spanish-speaking domestic violence cases are set on this docket. The Victim/\Nitness Advocate has access to an interpreter and is able to interview victims. D. How will your project diminish or eliminate any duplication of services? There are no similar services available through the Municipal Court. This program is designed to refer victims to agencies that are providing services outside of the scope of this program to avoid duplication of services. Each victim is matched with referral resources that meet her or his needs. E. How will you coordinate services with similar or like programs? The program is designed to refer victims to services that will respond to their specific needs. Through appropriate referral, each victim is matched with referral resources that meet her or his needs. Ms. Maynard continuously networks with other agencies and advocates in order to better coordinate services when needed. 4. Define the management plan for the program/project. Identify specifically who will: • be responsible for daily operations • be accountable for the expenditure of grant funds. • Include the resume of program/project administrator The Victim Services Coordinator, Nancy Wenig is the coordinator and supervisor of the project. The Victim/\Nitness Advocate, Nicole Maynard, submits a daily record of court activity to Ms. Wenig which includes victim name, referrals made, victim compensation information, restitution requests, and any other pertinent information. Ms. Wenig is responsible for the expenditure of the grant funds under the supervision of the Chief of Police, John Collins, and the Director of Finance, Frank Gryglewicz . • 5. In compliance with the American Disability Act (ADA) on providing access, how does your agency provide accommodations for crime victims or victim service providers? 5 The Englewood Municipal Court is fully accessible to persons with disabilities. We collaborate with other service providers to address all areas of disability. SECTION C: EVALUATION INFORMATION . . . : . . . ·. .· 1. How will you evaluate whether or not this project has met its stated goals and objectives? Explain ~ow you evaluate the following: · · · · • Process Evaluation -Did the program meet the project goals and objectives? • Outcome/Impact Evaluation -Did the program a9hieve the stated outcomes or behavioral changes? How did the delivery of services improve the life situation of your clients? • Overall agency success -How do you measure if your agency is "doing its job" well? . . . . . . Process Evaluation: The program will have met its goals and objectives by providing all victims with ongoing support during and after his/her Court appearance. The program will have provided all victims with information on their Rights. . . Outcome Evaluation: Our goal is to provide safety and support for victims of domestic violence as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling .' In 2014, 73 victims contacted at arraignment took applications for Victim Compensation. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. It is difficult to • quantify this measure of success. It is noted; however, that many victims contact the • Advocate months or years later when facing a separate life crisis. It is a measure of success that the victim feels safe contacting Ms. Maynard to receive counsel, advice, and knowledge of systems even after the case is final. OveraU agency success: Our relationship with the City Attorney and Judge is excellent. The process with which victims move through the Court process is efficient and informative. Survey reports and follow up phone calls reflect a positive experience in the Court. Victims are encouraged to keep in contact with Ms. Maynard to work through any rough spots in their recovery. If a victim has a concern or complaint at any time during the process, it is immediately staffed between Ms. Maynard and Ms. Wenig. The concern is then addressed where the problem is concerned. This may be with Court, Prosecution, or Victim/Witness procedures and the solution is always victim-centered and allows the victim to have a voice in the process. SECTION D: CONSTITUTIONAL AMENDMENT 1. A. Define how this program/project will address the guidelines for assuring the rights of victims and witnesses as outlined in the Victim Rights Act (Section 24-4.1-302.5 C.R.S.). List specific • services to be provided. 6 • • • Each victim is given a brochure at the arraignment, which outlines Victim's Rights. These Rights are reviewed by the Victim/Witness Advocate periodically to determine the victim's comprehension of these Rights. • Victims are informed of each stage of his/her case. • No plea agreement is made with the defendant without consulting the victim. B. What services are you providing as outlined in the VALE statute (Section 24-4.2- 105C.R.S.). The legislative intent is to assure that all victims of and witnesses to crime are honored and protected by law enforcement agencies in a manner no less vigorous than the protection afforded criminal defendants. • The Victim/Witness Advocate ensures compliance with the guideline listed for assuring these Rights to victims of domestic violence in the Municipal Court. • Englewood Police Department has made a clear effort to provide victims with the services entitled to them by the Victim Bill of Rights. The Court program addresses all of these rights including: the right to be present and informed of critical stages in Court, to be heard at Court proceedings, and to confer with the prosecuting attorney prior to disposition. • The victim is asked if restitution is requested and is offered services such as financial or legal help, shelters, or Victim Compensation. • The Victim/Witness Advocate has a private office and waiting room at Court so that the victim is assured of safety and privacy before Court proceedings . 2 . Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment (VRA)? X_ Yes __ No If yes, please answer the following questions. • How do you presently notify victims of their rights under the VRA? Upon initial contact with the Englewood Police Department, victims are informed of their Rights by being given a brochure. A folder is provided to each victim at arraignment which contains No Contact Orders, literature on Domestic Violence, a Victim's Rights brochure, Victim Compensation application and the Victim/Witness Advocate's card. Ms. Maynard explains these Victim's Rights to her/him at the arraignment and continues to keep the victim informed of changes in the status of the case, schedules and results of hearings, availability of property return and other information pertinent to the victim's case while the case is active in Court. Ms. Maynard makes these contacts in person, by phone, and by letter . What is the approximate number of clients who receive notifications made by your agency each year? (N= #of clients) 7 There were approximately 324 victims contacted by the Victim/Witness Advocate from July 1, 2013 to June 30, 2014. These victims had cases in various stages of resolution, each needing information on the status of the case as well as other information • pertinent to the victim's needs, e.g. property return, Victim Compensation information, etc. What is the approximate total number of notifications made by your agency each year? (N=# of total notifications) Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the case in Court. With approximately 1e new victims in this time period, this equals 390 contacts with victims in person, by phone, and by letter. Ms. Maynard also contacts victims who have made a police report that does not result in charges filed to assess safety, review Rights, and provide resources and support. These additional contacts are not reflected in these numbers. 3. Does your agency have a victim rights brochure that is distributed to victims? A Victim's Rights Brochure is attached. This is given to each victim at the time of arraignment or through a letter sent to the victim. We are in the process of updating the brochure. 4. Describe the training your agency provides to all staff and volunteers about informing victims of their rights under the Colorado Constitution. Each volunteer and staff member has received the Colorado Guidelines for Assuring the Rights of Victims of and Witnesses to Crimes. The volunteers have discussed this report as well as the Victim's Rights Brochure at meetings and are instructed to give the brochure to victims when appropriate on calls and to answer any questions regarding these Rights. All Police and Fire personnel were trained on Victim Rights during the in-service academy in April 2013 . Date of last training:. __ _.A;...;.c;.;pr:..:.:il-=2=0"""1....;.4 _____ _ Training provide by: ___ N...,.a ...... nc ...... v ..... W ............ e ....... n ..... ig.__ __ What percent of your staff attended the above training? 100% • 5. Are any of the services provided by your agency eligible for Crime Victim Compensation. reimbursement? Yes x No 8 Is so, list services: • Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers? x Yes No Describe the training on victim compensation that has been provided to your staff and volunteers. Date of last training: __ .....;N;....;.;;;;..ov.;..;;e;.;..m;;,.;.;b;:;,.,;e ... r-"2;;.;;;0 .... 14......._ __ _ Training provide by: ___ N_a_n_c .... v_W __ e __ n_i .... Q ____ _ SECTION E: ADDITIONAL COMMENTS Nicole Maynard was hired as the Victim/Witness Advocate in May of 2008. Since that time, Ms. Maynard has immersed herself in the work of advocating against domestic violence. She has gained experience by attending various and multiple trainings throughout the State to maintain current best practices. This allows her to provide excellent advocacy to victims in court. Attached is a list of training for Ms. Maynard in 2013 . • • 9 SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION 1. Total amount of VALE funds requested: $ 19.398.00 2. Will the amount requested provide full funding for the project? __ Yes _x _No If no, please identify other funding sources and amounts received within the past two years. Do not include other VALE funding. Please also include other pending grants. Source Date of Award Amount City of Englewood $29,098.05 __ _ 3. Are you currently receiving VALE funding? _x_ Yes No If yes, please identify the Judicial District and the amount requested and received. Include current year funding from the 18th Judicial District. Date of Award District Amount Requested Amount Received July 1. 2013 18th $18,507.00 $18,507.00 __ _ 4. Will you be applying to other VALE Boards for funding? __ Yes __ x No If yes, please identify the Judicial District and the amount requested. Date of Request District Amount Requested 5. Does your agency receive victim assistance funding through the use of a municipal surcharge? If yes, you must provide specific documentation outlining your agency's surcharge intake for the last two fiscal years and detailing how these funds were distributed. The program has not historically been able to secure Municipal funding. We are in a unique position within the State because we have the only elected Municipal Judge, Judge Vincent Atencio. However, this past year, we approached Judge Atencio again and he granted a domestic violence fee of $50.00 to be assessed on each case involving a domestic violence disposition. Judge Atencio began assessing the fee in July of this year. The Court has collected $400.00 thus far. Please find documentation attached. None of these monies have been spent. When assessing the fee, Judge Atencio indicated that the program may use it to benefit victims of domestic violence or to offset costs of the program. There are not enough funds to supplement salary at this point. The fund depends on payment from defendants and will most likely not see a significant balance for some time. 6. If an increased amount of funding over this year's grant award is being requested, please provide written justification. Substantiate or quantify factually or with other supportive documentation. • • The amount we are requesting is an increase from previous Grant requests due to • increased employee costs and a continued decline in revenues. 10 7. Anticipated client fees if any, from this project: $ N/A. ____ _ • / 8. Describe the volunteer and/or in-kind services that will be used for this program/project. No volunteer hours contribute to this program. 9. What percentage of your total budget is this request for VALE funds? Approximately 40% of the total budget would be VALE funded. 10. If this program/project is to continue beyond the initial funding period, please identify how the program/project will be funded in the future. Please be specific. The City of Englewood is committed to the VictimNVitness Program in the Municipal Court. The City is willing to provide the difference in the total cost of the program. The City of Englewood has been responsible in assuming their share of successful programs when it is financially able . • • 11 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1-304 C.R.S . I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. · Nancy Wenig Project Director Typed Name of Project Director Signature Project Director's Date Chief John Collins Agency Director Typed Name of Agency Director Signature, Agency Director Date Frank Grvglewicz Financial Officer Typed Name of Financial Officer Signature, Financial Officer Date Randy P Penn Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director: The executive director of the agency. This may in some agencies be the same person as the project director or authorized official. Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, and verification of expenditures, audit information and financial reports. The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. • • Authorized Official: The authorized official is the person who is , by virtue of such person's position, authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President of Chairperson of the Board of • Directors, Superintendent, or other Chief Executive Officer. 12 • ORDINANCE NO. SERJES OF 2015 BY AUTHORJTY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL AGREEMENT WITH THE STATE OF COLORADO, DIVISION OF MOTOR VEHICLES REGARDING THE SHARJNG OF VEHICLE OWNERSHIP INFORMATION. WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, Article 1, Title 29, C.R.S., encourage and authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, Vehicle ownership information associated with vehicle license plates is necessary for the enforcement and collection of parking tickets; and WHEREAS, the most cost effective way to acquire this information is electronically from the state's Division of Motor Vehicles; and • WHEREAS, the Division of Motor Vehicles is willing to share that information with the • Municipal Court by electronic transfer of information; and WHEREAS, the Division of Motor Vehicles does not charge the Municipal Court for access to this information. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement with the State of Colorado, Division of Motor Vehicles, attached hereto as Exhibit A. Section 2. The Mayor is hereby authorized to sign the Ordinance and intergovernmental agreement and the Court Administrator is authorized to sign the Records Request on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of February, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of February, 2015 . 9 b ii Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of • February, 2015 for thirty (30) days . Read by title and passed on final reading on the 2nd day of March, 2015. Published by title in the City 's official newspaper as Ordinance No._, Series of 2015, on the 5th day of March, 2015. Published by title on the City 's official website beginning on the 4th day of March, 2015 for thirty (30) days . Randy P. Penn, 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 2015. Loucrishia A. Ellis • • • • • TAA 14/ ------ STATE OF COLORADO Colorado Department of Revenue Division of Motor Vehicles, Titles and Registration Section INTERGOVERNMENTAL AGREEMENT with City of En2lewood TABLE OF CONTENTS 1. PARTIES ...................................................................................................... . 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ............................................ . 3. RECITALS ................................................................................................... . 4. TERM ......................................................................................................... . 5. STATEMENT OF WORK ................................................................................. . 6. NO COST AGREEMENT ................................................................................ . 7. RECORDS -MAINTENANCE AND INSPECTION .................................................. . 8. CONFIDENTIAL INFORMATION -STATE RECORDS .......................................... . 9. FAIL URE TO PERFORM -BREACH AND REMEDIES .......................................... . 10. NOTICE AND REPRESENTATIONS .................................................................. . 11. GENERAL PROVISIONS ................................................................................. . 12. SPECIAL PROVISIONS ................................................................................... . 13. SIGNATURE PAGE ....................................................................................... . EXHIBIT A: STATEMENT OF WORK EXHIBIT B: DOR STATEMENT OF CONFIDENTIALITY EXHIBIT C: BULK RECORDS REQUEST RELEASE AND AFFIDAVIT OF INTENDED USE 1. PARTIES 1 1 1 2 2 2 2 3 5 5 6 7 9 This Intergovernmental Agreement (hereinafter called Agreement) is entered into by and between the Colorado Department of Revenue, Division of Motor Vehicles, Titles and Registration Section (DOR or State), and the City of Englewood (COE or Contractor) who may collectively be called the "Parties" and individually a "Party". 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the Effective Date), but shall be effective and enforceable thereafter in accordance with its provisions. 3. RECITALS A. Authority, Appropriation, And Approval Authority to enter into this Agreement exists in and funds have been budgeted, appropriated and otherwise made, and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Purpose As authorized in 42-1-206 (3.7) C.R.S., DOR shall provide APD limited motor vehicle registration electronic information, in order to aid APD in the enforcement of parking regulations. . ! .. E )C 7 B I T A 4. TERM A. Term-Work Commencement • The Parties respective performances under this Agreement shall commence on the later of the Effective Date or January 1, 2014. This Agreement shall terminate on December 31, 2018 unless sooner terminated or further extended as specified elsewhere herein. Either Party may terminate this Agreement by giving the other Party thirty (30) days prior written notice setting forth the date of termination. Upon termination the liabilities of the Parties for future performance hereunder shall cease, but the Parties shall perform their respective obligations up to the date of termination. B. Two Month Extension DOR, at its sole discretion upon written notice to COE as provided in Section 10, may unilaterally extend the term of this Agreement for a period not to exceed two months if the Parties are negotiating a replacement agreement (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Agreement in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two-month extension. The two month extension shall immediately terminate when and if a replacement agreement is approved and signed by the State Controller. 5. STATEMENT OF WORK A. Work DOR will complete the Work and its other obligations as described herein and in the "Statement of Work", attached and incorporated herein as Exhibit A. DOR shall not be liable to compensate COE for any Work performed prior to the Effective Date or after the termination of this Agreement. B. Goods and Services COE shall procure goods and services necessary to complete its obligations. Such procurement shall be accomplished using Agreement Funds and shall not increase the maximum amount payable hereunder by ~ • 6. NO COST AGREEMENT There shall be no cost or charges whatsoever to DOR pursuant to this Agreement. DOR has no financial obligation to COE for any goods or services provided by this Agreement. DOR shall have no liability whatsoever for payment of any COE costs associated with the implementation or continued operation of this Agreement, including but not limited to post-audit costs, costs of computer hardware, software, services, subcontracted services, personnel, networks, State audits, licenses, transportation, mileage, travel, insurance, bonds or administration. 7. RECORDS -MAINTENANCE AND INSPECTION A. Maintenance During the term of this Agreement and for a period terminating upon the later of (i) the five year anniversary of the final payment under this Agreement or (ii) the resolution of any pending Agreement matters (the "Record Retention Period"), each Party shall maintain, and allow inspection and monitoring by the other Party, and any other duly authorized agent of a governmental agency, of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the work or the delivery of services or goods hereunder. B. Inspection DOR shall have the right to inspect COE's performance at all reasonable times and places during the term of this Agreement. COE shall permit DOR, and any other duly authorized agent of a governmental agency having jurisdiction to monitor all activities conducted pursuant to this Agreement, to audit, inspect, examine, excerpt, copy and/or transcribe COE's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereoJ or to evaluate performance hereunder. Monitoring activities controlled by DOR shall not unduly interfere with COE's performance hereunder. • 2 • • • 8. CONFIDENTIAL INFORMATION-STATE RECORDS All COE employees, participating members or subcontractors handling, processing or having access to the information, files or documents shall read, understand and affirm Exhibit B, "Statement of Confidentiallity'', attached and incorporated herein, by affixing his/her signature and submitted the signed statements to COE . These statement shall be maintained by COE and made available to DOR upon DOR's request. As required by C.R.S. 42-1-208 and C.R.S. 24-72-204, COE has signed and submitted Exhibit C, "Bulk Records Request Release and Affidavit of Intended Use", attached and incorporated herein. COE shall comply with the provisions of this Section 8 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information includes, but is not necessarily limited to, any state records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101, et seq. A. Confidentiality COE shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of COE shall be immediately forwarded to the State's principal representative. B. Notification COE shall notify its agent, employees, subcontractors or assignees that may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before permitting them to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by COE, its subcontractors, or their respective employees or agents in any way, except as authorized by this Agreement, or approved in writing by the DOR. COE shall provide and maintain a secure environment that ensures confidentiality of all DOR records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by COE or its agents, except as permitted in this Agreement, or approved in writing by the DOR. All confidential information, DOR data of any kind shall be stored, processed, or transferred only in or to facilities located within the United States. D. Protection If COE or any of its subcontractors provides physical or logistical storage, processing or transmissions of confidential information or sensitive DOR data, COE shall provide, and shall cause its subcontractors to provide, physical and logical protection for DOR hardware, software, applications and data that meet or exceed industry standards and requirements as set forth in this Agreement. COE shall provide the DOR with access, subject to COE's reasonable access security requirements, seven (7) days a week, twenty-four (24) hours a day, for the purpose of inspecting and monitoring access and use of DOR data, maintaining DOR systems, and evaluating physical and logical security control effectiveness. COE, if it retains, stores, or is given protected or confidential information, at all times shall maintain, and shall cause its subcontractors to maintain, network, system, and application security, which includes network firewalls, intrusion detection, and annual security testing. Neither COE nor its subcontractors shall have any rights to use or access any DOR or other State agency data or information, except with the prior written approval of the DOR. COE shall review, on a semi-annual basis, the Colorado Cyber Security Program (CCSP), posted at http://www.colorado.gov/cs/Satellite/Cyber/CSl0/1207820732279, and its related documents, including its policies and procedures to ensure compliance with the standards and guidelines published therein. COE shall cooperate, and shall cause its subcontractors to cooperate, with performance of security audit and penetration tests by the Governor's Office of Information Security (OIS). COE shall follow, and shall cause its subcontractors to follow, the State's Data Handling and Disposal policy, which can be found at www.colorado.gov/oit/security policies. If requested by the DOR, COE shall perform, and shall cause its subcontractors to perform, in a form reasonably acceptable to the DOR and at no additional cost to the DOR, 3 current background checks on all its respective employees and agents performing services or having access to DOR confidential information provided under this Agreement. A background check shall be performed within thirty (30) days prior to the date such employee or agent begins performance or obtains access shall be deemed to be current. E. Security-Notice COE is responsible for the security of all information provided to it by the DOR. If information is provided to COE or any subcontractor by the DOR, COE shall comply, and shall cause its subcontractors to comply, with the State's Cyber Security Policies, which the CSIO has promulgated pursuant to CRS §§24-37.5-401 through 406 and 8 CCR 1501-5. The Policies are posted at http://www.colorado.gov/cs/Satellite/Cyber/CSI0/1207820732279. F. Security Breach Remediation If COE becomes aware of a data security breach, it shall notify the DOR immediately and cooperate with the DOR regarding recovery, remediation, and the necessity to involve law enforcement, if any. Unless COE can establish that COE or any of its subcontractors is not the cause or source of the breach, COE shall be responsible for the cost of notifying each Colorado resident and residents of other states whose personal information may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of the DOR. COE shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in the future. COE shall present such analysis and remediation plan to the DOR within ten (10) days of notifying the DOR of the data security breach. The DOR reserves the right to adjust this plan, in its sole discretion. If COE cannot produce the required analysis and plan within the allotted time, the DOR, in its sole discretion, may perform such analysis, produce a remediation plan, and COE shall reimburse the DOR for reasonable costs thereof. G. Disclosure-Liability Disclosure of DOR records or other confidential information by COE or any subcontractor, for any reason may be cause for legal action by third parties against COE, the DOR or their respective subcontractors or agents. COE shall indemnify, save, and hold harmless the DOR, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by COE, or its employees, agents, subcontractors, or assignees pursuant to this Section 9. Any other provision of this Agreement, notwithstanding, COE shall be liable to the DOR for all consequential and incidental damages arising from a data security breach. H. End of Agreement Data Handling Upon request by the DOR made before or within sixty (60) days after the Effective Date of termination of the Contract, COE will make available to the DOR a complete and secure (i.e. encrypted and appropriately authenticated), download file of all system data in XML format, including all schema and transfonnation definitions, and/or delimited text files with documented, detailed schema definitions along with attachments in their native format. The Parties agree that on the termination of the provision of data processing services, the COE shall, at the choice of the DOR, return all the personal data transferred, and the copies thereof to the DOR, or shall destroy all the personal data and certify to the DOR that it has done so, unless legislation imposed upon the COE prevents it from returning or destroying all or part of the data transferred. In that case, the COE warrants that it will guarantee the confidentiality of the data transferred and will not actively process the data transferred anymore. I. Disposition of Data The DOR retains the right to use the established operational services to access and retrieve DOR data content stored on COE's infrastructure at its sole discretion. The COE and subcontractor warrant that upon request of the DOR and/or of the supervisory authority, the COE will submit its data processing facilities for an audit of the measures referred to in Section 8.D. The State reserves all right, title and interest, including all intellectual • • property and proprietary rights, in and to system data and content. • 4 : • • • J. Safeguarding Personal Identifiable Information (PII) If COE or any of its subcontractors will or may receive PII under this Agreement, COE shall provide for the security of such PII, in a form acceptable to the DOR, including, without limitation, non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections and audits. COE shall take full responsibility for the security of all data in its possession or in the possession of its subcontractors, and shall hold the DOR hannless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. . . A breach of Personal Identity Information (PII) shall have occurred when there has been unauthorized acquisition of unencrypted PII data (electronic or otherwise) used in perfon:Ilance of this Agreement, or any subcontract from the COE's or any subcontractors possession which compromises security, confidentiality, or integrity of such PII. COE agrees to be liable for any unauthorized disclosure of PII in its possession or in the possession of its . subcontractors as if COE was the owner of the data. COE acknowledges that any breach of PII is a material breach of this Agreement. COE shall notify the DOR immediately of any breach or suspected breach, but in no event later than twenty-foµr (24) hours after COE learns of suspected breach. The DOR may establish required remediation procedures and COE shall comply without limitation as directed by the DOR. COE shall bear all costs of such remediation. 9. FAILURE TO PERFORM -BREACH AND REMEDIES A. Defined In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against COE, or the appointment of a receiver or similar officer for COE or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in Section 10. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be complete~ within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedie.s set forth in Section 8. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 10. NOTICE AND REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. City of Englewood: Tamara Wolfe Court Administrator Englewood Municipal Court 1000 Englewood Parkway Englewood, CO 80110 twolfe@englewoodgov.org 303-762-2587 5 Department of Revenue: Dylan Ikenouye Administrative Services Manager Title and Registration Section 1881 Pierce Street, Room #144 Lakewood, CO 80214 dylan.ikenouye@state.co .us 303-205-5799 11. GENERAL PROVISIONS A. Assignment with a copy to: Bernard Candelaria Colorado Department of Revenue Room427 PO Box 17087 Denver, CO 80217 -0087 roger .thomte@state.co.us 303-866-2812 The rights and obligations of each Party hereunder are personal to such Party and may not be transferred, assigned or subcontracted without the prior, written consent of the other Party. COE shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Order of Precedence In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) Colorado Special Provisions, 2) the provisions of this Agreement, 3) Exhibit A, 4) Exhibit B 5) Exhibit C • C. References • All references in this Agreement to sections, subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. D. Third Party Beneficiaries-Negation Enforcement of all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental and do not create any rights for such third parties. E. Non-exclusive rights It is understood and agreed by the COE that DOR does not grant the COE exclusive rights to provide the products and/or services under this Agreement. DOR reserves the right to contract with and purchase products and services from persons and entities other than the COE, as may be in the best interest of DOR. This Agreement shall remain in full force and effect should the DOR enter into other contracts for the same or similar goods and services as provided under this Agreement. F. Press Contacts/News Releases The COE shall not initiate any press and/or media contact nor respond to press/media requests regarding this Agreement and/or any related matters concerning the DOR without the prior written approval of DOR. G. Cooperation of the Parties The COE and DOR agree to cooperate fully, to work in good faith, and to mutually assist each other in the performance of this Agreement. In connection herewith, the parties shall meet to resolve problems associated with this Agreement. Neither party will unreasonably withhold its approval of any act or request of the other to which the party's approval is necessary or desirable. 6 • " • • • 12. COLORADO SPECIAL PROVISIONS A. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S .C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contactor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices . F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50- 507 . The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 7 J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3 .5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq .; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8- 17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the otherrequirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised 1-1-09 8 • • • • • • 13. SIGNATURE PAGE THE PARTIES HERETO HA VE EXECUTED THIS INTERGOVERNMENTAL AGREEMENT * Persons signing for Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. CITY OF ENGLEWOOD Randy P. Penn, Mayor STATE OF COLORADO John W. ffickenlooper, Governor DEPARTMENT OF REVENUE For the Executive Director Date:---------- ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: __________ _ Department of Revenue Date: _______ _ 9 Exhibit A Statement of Work 1. DOR, through the Colorado State Title and Registration System (CSTARS) maintain by the Governor's Office of Information of Technology {OIT), shall electronically transfer a one-time batch run and provide nightly updates of limited motor vehicle registration information of the following fields to COE; Transaction ID (TX ID), Licensed Vehicle Type, Licensed Plate Type, Plate Number, Previous Vehicle Type, Previous Plate Type, Previous Plate Number, VIN, Vehicle Year, Vehicle Make, Vehicle Body, Owner Name 1, Owner Name 2, Legal Address, Legal City, Legal State, Legal ZipS, Legal Zip4, Mailing Address, Mailing City, Mailing State, Mailing ZipS, Mailing Zip4, Business Date, Expiry Date, Workflow ID, and Title Number. 2. The Change Indicator field shall contain the following codes: U, I and D indicating whether to Update, Insert or Delete said transferred field within COE's database. 3. In the event that a failure in technology or another unforeseen event causes an extended delay in services rendered, DOR, through OIT, shall attempt to contact COE as soon as possible in order to make them aware of the event and any information regarding an estimated time of resolution. DOR or OIT shall not email or provide data to COE through any other means except the secure FTP (SFTP) process hosted on the DOR's FTP server. RECORD LAYOUT FOR COE VIPER INTERFACE 1. DOCUMENT DEFINITIONS ~:1~~0!~'<\ ::: · .. : , ~:_··:;··~·~~:~:~~~~~~ ~~~::; ·;~ ·'.~::~'.:~;;;t ~H:t:~iJf::mY~~Jf~(_:~~~~)~i'._:::.~~i~~~~{,;?.'1~~~:~~·~"::~. ~~~-:U·: :::· ·, Interface Type One-Way Batch File is generated by sender Initiating Party EntityName Entity responsible for file generation and placement in specified location Delivery Format Fixed Length Text File Each field has a specified length and there are no field delimiters, no row delimiters Fixed Length Text File with Each field has a specified length, no field row delimiter delimiters, and there is a row delimiter Delivery Secure FTP (SFTP) Method Frequency Multiple Per Day: [every xx] Multiple times per day every [xx] Daily: Workweek Once per day Monday -Friday Daily Once per day every calendar day Weekly: [day of week] Once per week on [day] Monthly: [day of month] Once per month on [day] Sort Order Field Name: [xx] [asc/desc] Sort records by field [xx] [asc/desc] Header/Trailer Yes Header and/or Trailer Records Required and Format No None IO • • • • Type A=Alpha May contain only alpha characters AN = Alpha/Num May contain alpha or numeric characters N=Num May contain only numeric characters F = Num/Dec [xxx.xx] Numeric characters with embedded decimal FA= Num/Dec [x] Numeric characters with assumed decimal position of [x] S =String All characters, numbers, and symbols Length [#] [ #] Number of characters if fixed length Pad LB Blanks filled on the left LZ Zeros filled on the left RB Blanks filled on the right RZ Zeros filled on the right Validation Descript~on of field validation required, or list of acceptable field values INTERFACE SPECIFICATIONS 2.1.Data Transmission All file transmissions will be done via secure FTP (SFTP) hosted on DOR'S FTP server. Outgoing files related to section 3.2 & 3.3 from DOR to Requesting Entity will be placed in the /OMV _Out. Incoming • files related to section 3.1 from Requesting Entity to DOR will be placed in the /OMV _In folder. • All DOR Related Outgoing files from DOR to Requesting Entity will be placed in the /DOR_Out folder. All DOR Related Incoming files from DOR to Requesting Entity will be placed in the /DOR_In folder Server Name: Tumbleweed 2.2. Documentation None 2.3. Process Description DOR requires the license plate number from requesting entity to facilitate any DOR Records request for registered owner information: Registered Owner Request File ·.·. : .. '. --•-·····-Response File - Regular Plates (3.2) Response File - Temporary Plates (3.3) 11 3. INTERFACES 3.1.Registered Owner Request File Interface • DOR rquires the license plate number from requesting entity to facilitate any DOR records request for registered owner information. Interface Type: One Way Batch Initiating Party: Requesting Entity Delivery Format: Fixed Length Text File with row delimiter Delivery Method: Secure FTP on a DOR hosted SFTP server. The file will be placed in the /DMV _In directory. Frequency: Daily, Monday through Friday, excluding holidays Sort Order: None File Name: YYYY.lvfMDD-HHMMSS-PMT.N.TXT Header/Trailer: No Plate Number or AN 7 1 7 Temp Permit Number Workflowld A 34 8 41 3.1.1. Request File Interface FTP Clean-up RB The plate number Padded with 'Spaces' LZ The unique identifier of the transaction. Padded with 'O' DOR is responsible for clean-up of request files on DO R's FTP site once DOR has processed the request file. 3.2. Response File Interface -Regular Plates DOR will return registered owner information for the licene plate requests. Interface Type: One-Way Batch Initiating Party: DOR Delivery Format: Fixed length Text File Delivery Method: Secure FTP on a DOR hosted SFTP server. The file will be placed in the /DMV _Out directory. Frequency: Monthly, on the first of the month. Should the first of the month fall on a weekend or holiday, the data will be delivered the next business day. Sort Order: None File Name: pmout_YYYY.lvfMDD.TXT Header/Trailer: No 12 • • • Licensed Vehicle A 3 1 3 Vehicle Type T e Licensed Plate T e s 3 5 7 Plate Type Plate Number AN 7 8 14 RB Plate Number Previous Vehicle T e A 3 16 18 Previous vehicle e Previous Plate T e s 3 20 22 Previous Plate e Previous Plate Previous Plate Number AN 7 23 29 RB Number VIN AN 17 31 47 RB VIN Vehicle Year N 4 49 52 Vehicle Year Vehicle Make A 4 53 56 Make Vehicle Bod A 2 57 58 Bod Name s 36 59 94 RB OwnerName 1 Name s 36 95 130 RB OwnerName2 Le al Address s 26 131 156 RB Legal Address s 13 157 169 RB Legal City Le al State A 2 170 171 Legal State • N 5 172 176 Legal Zip 5 N 4 177 180 Legal Zip 4 Mail in Address s 26 181 206 RB Mailing Address s 13 207 219 RB Mailing City Mail in State A 2 220 221 Mail in State Mail in Zi 5 N 5 222 226 Mail in Zi 5 Mail in Zi 4 N 4 227 230 Mail in Zi 4 Business Date N 8 231 238 Business Date MMDDYYYY Ex Date N 6 239 244 N Ex i Date MMDDYYYY WorkflowID N 34 245 278 LZ WorkflowID Unknown N 41 279 319 RB Unknown Title Number AN 9 320 328 RB 3.2.1. Response Plate File FTP Clean-up COE is responsible for clean-up ofresponse files on OOR's FTP site once COE has processed the response file . • 13 3.3. Response Temporary Plate File Interface DOR will return registered owner infonnation for the licene plate requests. Interface Type: One-Way Batch Initiating Party: DOR Delivery Format: Fixed length Text File Delivery Method: Secure FTP on a DOR hosted SFTP server. The file will be place in the /OMV _Out directory. Frequency: Monthly, on the first of the month. Should the first of the month fall on a weekend or holiday, data will be delivered the next business day. Sort Order: None File Name: pmtout_YYYYMMDD .TXT Headerffrailer: No Licensed Vehicle A 3 T e Licensed Plate T s 3 5 e Plate Number AN 7 8 Previous Vehicle T e A 3 16 Previous Plate T e s 3 20 Previous Plate Number AN 7 23 VIN AN 17 31 Vehicle Year N 4 49 Vehicle Make A 4 53 Vehicle Bod A 2 57 Name s 36 59 Name s 36 95 Le al Address s 26 131 s 13 157 Le al State A 2 170 N 5 172 N 4 177 Mail in Address s 26 181 s 13 207 Mail in State A 2 220 Mail in Zi 5 N 5 222 Mail in Zi 4 N 4 227 Business Date N 8 231 Ex i Date N 6 239 3 Vehicle Type 7 Plate Type 14 RB Plate Number 18 Previous vehicle e 22 Previous Plate e Previous Plate 29 RB Number 47 RB VIN 52 Vehicle Year 56 Make 58 Bod 94 RB OwnerName 1 130 RB OwnerName2 156 RB Legal Address 169 RB Legal City 171 Legal State 176 Legal Zip 5 180 Legal Zip 4 206 RB Mailing Address 219 RB Mailing City 221 Mail in State 226 Mail in Zi 5 230 Mail in Zi 4 238 Business Date MMDDYYYY 244 N Ex i Date MMDDYYYY 14 • • • WorkflowID N 34 245 278 LZ WorkflowID • Unknown N 41 279 319 RB Unknown Title Number AN 9 320 328 RB 3.3.1. Result Temporary Plate File FTP Clean-up COE is responsible for clean-up ofresponse files on DOR's FTP site once COE has processed the response file . • • 15 Exhibit B STATE OF COLORADO DEPARTMENT OF REVENUE STATEMENT OF CONFIDENTIALITY As an employee, participating member or subcontractor of City of Englewood, Colorado ("COE"), you may have access to State of Colorado, Department of Revenue ("DOR") Title and Registration records ("Records"). The confidentiality of the information contained within these Records shall be maintained at all times. Such Records or information shall not be distributed, sold or shared with any third party by you except as expressly authorized by DOR nor used by you for personal use or gain. You also understand that you are subject to legal action should you disclose or misuse Record information and that DOR shall not defend you against any such legal action. Pursuant to C.R.S. 42-1-206, any person who willfully and knowingly obtains, resells, transfers or uses information in violation of law shall be liable to any injured party for treble damages, reasonable attorneys' fees, and costs. Other civil and criminal laws may also apply. I, hereby acknowledge that I am and shall remain in compliance with all State and Federal laws and the contractual terms and conditions between COE and DOR pertaining to the security and confidentiality of the Records. I agree to fully cooperate with DOR or legal authorities for any investigation of these requirements that DOR or legal authorities wish to commence. I hereby acknowledge and agree to the requirements of the foregoing notice. Signature Company Name Print name Date Title 16 • • • .• • • • ORDINANCE NO. SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLORADO STATE UNIVERSITY (CSU) AND LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT AND FOR THE APPLICATION OF CHEMICALLY COAGULATED PHOSPHORUS BIOSOLIDS. WHEREAS, since 1982 the Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) and Colorado State University (CSU), Department of Soil and Crop Sciences, have successfully conducted a continuous research program to observe the long-term effects of the application of biosolids for dryland wheat farming; and WHEREAS, the City Council of the City of Englewood approved an IGA between CSU and the Littleton/Englewood Wastewater Treatment Plant with the passage of Ordinance No. 42, Series of 2004; and WHEREAS, the City Council of the City of Englewood approved an IGA between CSU and the Littleton/Englewood Wastewater Treatment Plant with the passage of Ordinance No. 8, Series of 2010; and WHEREAS , the research has provided long-term research data and a sound basis of knowledge of the biosolids produced by the LIE WWTP and the environmental impacts of the product; and WHEREAS, the LIE WWTP-CSU research project has been instrumental in establishing the basis for biosolids beneficial use for the growth of dryland wheat crops in the arid western states and in Australia; and WHEREAS, the long-term research demonstrates that the beneficial use of wastewater biosolids is an environmentally safe, economically beneficial and agriculturally sound practice for recycling and conserving a valuable resource; and WHEREAS, CSU has submitted their proposals for an additional cooperative research project on land application of sewage biosolids on dryland wheat and for a study of the application of chemically coagulated phosphorus biosolids; and WHEREAS, the 2015 studies includes study sites at the Bennett site, and the Byers site; and WHEREAS, the cost of the CSU Application of Sewage Biosolids Research Project is split 50 150 between Englewood and Littleton. 9 b iii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Colorado State University Biosolids Research Proposal, attached hereto as Exhibit A, the application of Chemically Coagulated Phosphorus Biosolids, attached hereto as Exhibit B, and the letter of acceptance attached hereto as Exhibit C , are hereby accepted and approved by the City Council of the City of Englewood . Section 2. The Director of the Littleton/Englewood Wastewater Treatment Plant is hereby authorized to further extend the Intergovernmental Agreement between Littleton/ Englewood Wastewater Treatment Plant and Colorado State University, Biosolids Research Proposal, for the cooperative research project on land application of sewage biosolids and the application of Checically Coagulated Phosphorus Biosolids for five additional one year periods. Introduced, read in full , and passed on first reading on the 17th day of February, 2015. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 19th day of February, 2015 . Published as a Bill for an Ordinance on the City 's official website beginning on the 18th day of February, 2015 for thirty (30) days . Read by title and passed on final reading on the 2nd day of March, 2015 . Published by title in the City 's official newspaper as Ordinance No._, Series of 2015 , on the 5th day of March, 2015. Published by title on the City's official website beginning on the 4th day of March, 2015 for thirty (30) days. Randy P. Penn, 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 2015 . Loucrishia A. Ellis • • • • • • LAND APPLICATION OF SEWAGE BIOSOLIDS PROPOSAL FOR COOPERATIVE RESEARCH PROJECT BETWEEN COLORADO STATE UNIVERSITY AND LITTLETON/ENGLEWOOD JOINT COUNCIL 2015 • E x • H I ... I T .A 2 I. Land Application of Biosolids II. Personnel Project Leaders: K.A. Barbarick, Professor J. McDaniel, Research Associate Ill. Introduction We have studied the beneficial use of Littleton/Englewood (L/E) biosolids beginning in 1982 at East and West Bennett, 1988 at Kiowa, 1993 at North Bennett, and 1999 at Byers. We lost the East Bennett plots in 1993 due to a shift from dryland to irrigated agriculture and the last of the West Bennett sites to development in 2005. We ceased research at the Kiowa location in 2007. We will present the proposed research and associated budget separately for three studies (North Bennett, earthworm/hydraulic properties study, and Byers) and then present the total budget for our proposed research. IV. Bennett Study Site North Bennett We initiated the North Bennett experimental location to replace the East Bennett plots that we lost in 1993. Our former cooperating farmer at East Bennett, Kevin Helzer, decided to grow irrigated crops on our study sites in 1993. We also changed the experimental approach at North Bennett to focus on determining the N equivalency of L/E biosolids associated with repeated applications in a dryland wheat summer-fallow agroecosystem. We grew proso millet (Panicum miliaceum L.) in 2008 and sunflowers (Helianthus annus, L.) in 2009 to help control an infestation of jointed goat grass (Aegi/ops cylindrica Host). For the 2009-2010 growing season, we went back to the wheat (Triticum aestivum, L.)-fallow rotation. We have added Ba, Be, and Mn to our plant and soil analyses since USEPA has identified them as potential pollutants to the CFR503 regulations. Although Ag has also been added to the CFR503 regulations, Colorado State University instrumentation utilized to detect Ag has been less than adequate. Therefore, at this point in time we will not analyze plants and soils for Ag. • • • • • • 3 A. Objectives for the Bennett study sites (North Bennett) The objectives of the Bennett study are: 1. To quantify the N equivalency of repeated biosolids application under field conditions compared with commercial N fertilizer at our North Bennett plots. 2. To study the long-term effects of L/E biosolids on soil accumulation and wheat uptake of Ba, Be, Cd, Cr, Cu, Mn, Ni, Pb, Mo, and Zn. 3. To study the long-term effects of L/E biosolids on As, Hg, and Se levels in soil and grain in the 0, 2, and 5 dry tons/acre plots for the North Bennett site. Samples will consist of a composite of all replications for each rate for grain analyses. This gives three grain samples. We also will composite separately the 0-20 and 20-60-cm soil samples from the same plots as the grain samples. This will provide us a total of six soil samples to analyze for each site . 4. To determine the accumulated NOrN levels to a depth of 180 cm (6 feet) associated with repeated application of various N fertilizer or sewage biosolids at our North Bennett plots. 5. To determine the accumulated N03-N levels to a depth of 180 cm {6 feet) associated with repeated application of various N fertilizer or sewage biosolids at our North Bennett plots . 4 Bennett study sites budget. B. Table 1. Proposed budgets for the North Bennett sewage biosolids studies. North Bennett Current Proposed Proposed Category 2014 2015 2016 Routine Analyses 1000 1000 1000 As, Hg, Se Analyses 300 300 300 Travel 1730 1700 1700 Harvest, plot set-up 500 300 300 Research Assoc. (6 months) t 17980 18519 19075 Research Assoc. fringe ; 4243 4685 4826 Professor (2 weeks) t 6810 7014 7225 Professor fringe; 1607 1775 1828 Total direct costs 34170 35293 36254 Indirect costs~ 16641 17188 17656 ,. Total costs 50811 52481 53910 t Assumes 50% on the North Bennett study and 50% on the Byers study. We also assumed a 0% increase in all non-personnel budget items for 2015. A 3% salary increase for the Research Associate and Professor were assumed for 2015 and 2016. Fringe benefit rates were estimated to be 25.3% for 2015 and 2016 for the Research Associate and Professor. The total indirect costs are 48. 7% MTDC for 2014 through 2016. • • • • • • 5 V. Byers Study Site A. Introduction With the establishment of the L/E Byers biosolids-application site, we are developing some practical, never-done-before research. No-till and minimum tillage management is increasing in popularity in eastern Colorado because it improves water conservation and allows more intensive cropping . Biosolids application could enhance the benefits of no-till or minimum tillage by improving soil cover and soil physical characteristics when surface applied. Biosolids could work in concert with crop residues to allow farmers to meet the Natural Resource Conservation Service 30% soil coverage required to comply with conservation programs. Biosolids application could initially supply soil cover until adequate crop residue can accumulate. Continued additions may even provide production and economic advantages. Farmers may eventually use biosolids as an integral part of a conservation program . Because of continuing draughty conditions, beginning in Fall 2005, we changed our crop rotations. We eliminated the wheat-wheat-corn-sunflower-fallow (WWCSF) and converted those plots to our other two rotations (wheat-fallow, WF and wheat-corn-fallow, WCF). This increased our replications for WF and WCF from two to four, providing us with a more robust statistical analysis of the effects of these two rotations. 8. Objectives Our objectives at the Byers site are: 1. To determine if increasing biosolids application from once every two years to two out of three years is a feasible management alternative. 2. To determine if biosolids behave like crop residues in terms of moisture storage and crop production. Available-water storage and crop yields are the properties of greatest interest. 3. To determine the effects of biosolids application at the agronomic rate compared with commercial N fertilizer in two cropping systems on soil and grain accumulation of plant nutrients and trace elements limited by the Colorado Department of Public Health and Environment biosolids- application regulations . 6 C. Procedures Treatments: 1. Two crop rotations: a. Wheat-fallow (typical rotation) b. Wheat-corn-fallow 2. Biosolids/fertilizer treatments: a. Biosolids application to supply N recommended for the measured soil N03 -N (e.g., the agronomic rate). b. Commercial N fertilizer at the agronomic rate. D. Experimental design We now use four blocks (replications) of each treatment arranged in a split-plot design. • The main plots will consist of the cropping rotations. Each main plot will be split to • accommodate biosolids application on half the plot and commercial fertilizer addition on the other half. All phases of each rotation will be present each year to allow assessment of all soil and crop responses each year. This requires a total of 20 main plots and 40 split plots (4 replications, 5 cropping rotations, biosolids/fertilizer treatment splits). Each main plot will be 0.8 km (0.5 miles) long by 30 m (100 feet) wide. Each biosolids/fertilizer split would, therefore, be 15 m (SO feet) wide. E. Measurements We will complete the following measurements or analyses. 1. Annual grain and biomass yields. 2. Records on farmer inputs. 3. Plant-available concentrations of N03-N, P, K, Fe, Mn, Cu, Zn, Na, Cd, Cr, Pb, Mo, Ni, Ba, Be, and Mn in soil before each crop planting (determined in 0-5, 5-10, 10-20, and 20-30 cm samples from each replicated plot). • • • • 7 4. We will composite 0-5-cm soil samples for As, Hg, and Se analyses for each replication before each crop planting. This will give us 14 soil samples to analyze for As, Hg, and Se each year . 5. Deep soil sampling before each crop planting by hydraulic probe for N03 -N (determined 0-30, 30-60, 60-90, 90-120, 120-150, 150- 180 cm samples, if possible, from each replicated plot). 6. Concentrations of P, K, Fe, Mn, Cu, Zn, Na, Cd, Cr, Pb, Mo, Ni, Ba, Be, and Mn in grain sampled from each replicated plot. 7. For annual As, Hg, and Se grain analyses, we will composite grain samples for each biosolids or N fertilizer replication for each type of crop. This scheme will provide us with four wheat and two corn samples for As, Hg, and Se analyses each year . 8 F. Byers study site budgets. Table 2. Proposed budgets for the Byers sewage biosolids study. Byers Current Proposed Proposed Category 2014 2015 2016 Analyses 2200 1300 1300 Research Assoc. (6 months) t 17980 18519 19075 Research Assoc. fringe :j: 4243 4685 4826 Professor (2 weeks) t 6810 7014 7225 Professor fringe* 1607 1775 1828 Harvest, plot set-up 1720 1500 1500 Weather Station Maintenance~ 400 315 315 Travel 3820 3300 3300 Total direct costs 38780 38408 39369 Indirect costs 18886 18705 19173 Total costs 57666 57113 58542 t Assumes 50% on the North Bennett study and 50% on the Byers study. We also assumed a 0% increase in all non-personnel budget items for 2015. A 3% salary increase for the Research Associate and Professor were assumed for 2015 and 2016. Fringe benefit rates were estimated to be 23.6% for 2015 and 2016 for the Research Associate and Professor. Cost includes a dedicated cellular phone expense to remotely access weather data for CoAgMet. The total indirect costs are 48.7% MTDC for 2014 through 2016. • • • • • • 9 VII. Total Budgets We have tabulated the total budgets by category (Table 3) and by location (Table 4) for 2014 through 2016. Table 3. Total budget by category for 2014-2016. Total by category Current Proposed Proposed Category 2014 2015 2016 Analyses 3500 2600 2600 Personnel (salary plus fringe) 61280 63986 65908 Supplies 0 0 0 Harvest, plot set up, weather station 2620 2115 2115 Travel 5550 5000 5000 Total direct costs 72950 73701 75623 Indirect costs t 35527 35893 36829 Total costs 108477 109594 112452 t The total indirect costs are 48 .7% for 2014 through 2016. Table 4. Total budget by location for 2014-2016. Total ~Y location Current Proposed Proposed Category 2014 2015 2016 North Bennett '" Total direct costs 34170 35293 36254 Indirect costs 16641 17188 17656 Total costs 50811 52481 53910 Byers Total direct costs 38780 38408 39369 Indirect costs 18886 18705 19173 Total costs 57666 57113 58542 Total Total direct costs 72950 73701 75623 Indirect costs 35527 35893 36829 Total costs 108477 109594 112452 Soil Quality and Plant Productivity Following the Land Application of Chemically Coagulated Phosphorus Biosolids PROPOSAL FOR COOPERATIVE RESEARCH PROJECT BETWEEN COLORADO STATE UNIVERSITY AND LITTLETON/ENGLEWOOD JOINT COUNCIL 2015 -I B I T B • • • • • I. Personnel: Project Leaders: K.A. Barbarick, Professor J.P. McDaniel, Research Associate II. Introduction: For many years, the land application of biosolids has been used as a method for the recycling of municipal biosolids. The application of biosolids to the soil supplies the plants with nutrients such as nitrogen {N} and phosphorus {P}. The application rate is currently applied at the agronomic rate of N, but there has been discussion over the last decade about a potential transition of the application rate to be based on the agronomic rate of P. The change in the basis for the application rate would potentially be based on a P risk index. Currently most of the agricultural fields in Colorado that receive biosolids would not be affected based on the current risk index. For Colorado , what has the potential to have a larger effect on the land application of biosolids to agricultural land would be a change in the makeup of the biosolids as a result in a change in the treatment process to reduce the concentration of P in the effluent being discharged. The effect on the ability of the biosolids produced to serve as a soil amendment for increasing fertility and soil quality will depend on the method of additional treatment of the wastewater at the treatment plant. If chemical coagulation is used to remove additional P, it is unknown how this will change the plant availability of P from the biosolids, the leaching potential, and the availability of soil P following biosolids application. The objective of this study would be to determine the effects on soil and plant productivity following the land application of biosolids with higher P concentration due to chemical coagulation of P to reduce effluent P concentration. The overall project would be done with the use of greenhouse, field, and laboratory studies. The research questions that would be addressed would be: • How will the change in the treatment of wastewater effluent with chemical coagulation of P affect the plant available Pin soil following land application? o What.is the best method for extracting P from biosolids to predict plant available P? • How does soil P cycle between different pools of P over the course of the year following application of biosolids and does this differ from the cycling of Pin agricultural land that does not receive biosolids? o Can a model be developed that will predict the forms and concentrations of Pin the soil and the biomass P concentration as a function of the application rate of biosolids? • How does the long-term addition of biosolids affect the accumulation of Pin the soil profile? Ill. Experimental Designs: Ill.a. Plant Available P from Biosolids: The best way to be able to determine how the new biosolids would affect plant available nutrients and particularly P would be to conduct greenhouse studies with the new biosolids. However since we currently do not have the new biosolids from Littleton Englewood Waste Water Treatment Plant (L/E), we are not able to study the new biosolids directly. We propose that to begin to understand how the new biosolids will affect plant availability that we set up a study with both biosolids currently being produced at L/E and use biosolids from another treatment plant that has biosolids produced following chemical coagulation of P. The biosolids from the second plant would not be exactly the same chemically as the future biosolids from L/E, but they would serve to give a representation of what can be expected. The other question that would need to be addressed would be what extraction method should be used to determine the plant available P content of the biosolids . There may be a difference in the extraction method that best estimates plant available P from biosolids between the two treatment processes that produced the biosolids. There are currently few studies that have been conducted to try to determine the amount of plant available P that is available from biosolids. The current research was conducted on an acidic sandy soil from Florida (O'Connor, et al ., 2004). There has not been any work on the plant available P from biosolids that are applied to a basic (calcareous) soil. A similar experimental design to previous work (O'Connor, et al ., 2004) would be utilized. A greenhouse study would be established that would investigate the correlation between different biosolids P extraction methods and the uptake of Pin sorghum-sudan grass. Sorghum-sudan grass was chosen because it is a relatively fast growing forge crop, which will allow for multiple harvests over the period of the study. Nine different extractions of the biosolids would be performed: sequential extraction of inorganic P (NH 4 CI, NH 4 F, NaOH, H2S0 4 extractable), citric acid extractable, water extractable, KCI extractable, organic P, and Mehlich 3 (Table 1). There would be 14 treatments of fertilizer amendment: no amendment, triple super phosphate, agronomic rate of N, 12.5 % total P, 25 % total P, 50% total P, 75 % total P, and 87.5% total P, the 6 biosolids treatments would be set up with both of the biosolids. Two soils (from the North Bennett and Byers plots) would be used. Each of the treatments and soil combinations would have four replications. The sorghum-sudan grass would be harvested at four to six week intervals for eight months. The amount of biomass produced and the concentration of P in the biomass would be determined . • • • • • • Table 1. Phosphorus extraction methods used for determining the plant available P from biosolids • Extraction Method NH 4 CI extractable NH 4 F extractable NaOH extractable HzS0 4 extractable water extractable KCI extractable organic P Mehlich 3 citric acid extractable Form of P extracted Soluble and loosely bound P Aluminum bound P Iron bound P Calcium bound P Soluble P Soluble and exchangeable P Organic P A common method for determine plant available Pin soil Used to determine Pin commercial chemical fertilizer The data would be analyzed with regressions to determine the effects of different treatments on the uptake by the plants. In addition, correlations would be made to determine which of the extraction methods best estimates the uptake by the plants. To determine if similar results are seen in the field the plant tissue that is collected from the seasonal dynamics of soil P pools study will be compared to the P from the biosolids applied, based on the same nine extractions . 111.b. Seasonal Dynamics of Soil P Pools: To investigate the dynamics of P due to seasonal changes soil samples will be collected six times a year (July, September, November, January, March, and May) from the North Bennett plots. This sampling would continue for at least two years. The samples would be collected for both the field in production and the field in fallow. Soil samples would be collected from the 0-20 cm depth (zone of incorporation) from all of the biosolids application rates and all replications. Attempts would be made to collect the soil from similar locations each time to reduce spatial variation. The soil P would be fractionated into the different organic (Labile P, biomass P, moderately labile P, and non-labile P) and inorganic pools (soluble and loosely bound P, aluminum (Al) bound P, iron (Fe) bound P, reluctant soluble P, and calcium (Ca) bound P). Total P, plant biomass, and plant P concentration would also be measured at each sampling time to help account for the movement of P. Following the collection of the data, it would be analyzed to determine the dynamics of the soil P pools over a year. The data would also be modeled to predict the amount of Pin each pool and to be able to predict the amount of P that is in the plant tissue. This prediction model would be useful in determining what pools of P the plants are using. With the potential change in the makeup of the biosolids following additional treatment of the effluent this information would aid in determining the plant available P. 111.c. Phosphorus Accumulation in the Soil Profile: Phosphorus does not have the same leaching potential as nitrate does due to adsorption to the solid mineral phase in soil. Studies have shown that there can be movement of P depending on the conditions of the soil. When biosolids are added, the P will be in many different forms and the type of treatment used will affect the likelihood for the P to leach. The downward movement of P could lead to P reaching ground water in areas that have a higher water table. In other areas, it may lead to the accumulation of Pat depths that do not allow plants to access the P. The addition of a chemical coagulant to remove Pin the effluent at the treatment plant may also tie up Pin the soil and reduce the amount of movement in the soil. The data collected from this study would provide a baseline for if Pis moving and determine a mechanism to explain the movement that could then be compared to the new biosolids when they become available . For this study, we collect soil samples from three biosolids application rates (O, 2, and 5 tons/acre). We would collect soil samples to a depth of six feet in six-inch increments, from each of the four replications in the field . The soil samples would be analyzed to determine the concentrations of the different fractions of organic and inorganic P in the soil. From this information, we would determine if the P that has been added to the plots has moved deeper into the profile than the depth of incorporation. If there is movement of P in the profile then in the second year we would establish a column leaching study in the laboratory to attempt to determine the mechanism of the movement of the Pin the profile. We believe that there is a potential for the P from the biosolids to move deeper into the profile due to P complexes with the organic material that is dissolved in the soil water. We would use adsorption isotherms to attempt to identify the mechanism for the movement of P in the soil. • • • • IV. Projected Cost: Table 2. Projected cost for the plant available phosphorus from biosolids study. Current Proposed Category 2014 2015 Supplies 1650 825 Analysis 600 300 Student hourly 4150 2075 Student hourly fringe (1.0%) 141 21 Travel 400 200 Total direct cost 6941 3421 Indirect cost (48.7 %) 3380 1666 Total cost 10321 5087 Table 3. Projected cost for seasonal dynamics of soil phosphorus pools study. Seasonal Dynamics of Soil P Pools Current Proposed Category 2014 2015 Supplies 3000 700 • Analysis 350 350 Student hourly 1050 1050 Student hourly fringe (1 .0%) 36 11 Travel 500 500 Total direct cost 4936 2611 Indirect cost (48.7 %) 2404 1271 Total cost 7340 3882 Table 4. Projected cost for the phosphorus accumulation in the soil profile study. Phosphorus Accumulation in the Soil Profile Current Proposed Category 2014 2015 Supplies 400 600 Analysis 200 600 Student hourly 900 Student hourly fringe (1.0%) 9 Travel 200 200 r Total direct cost 800 2309 Indirect cost (48.7 %) 390 1124 • Total cost 1190 3433 Table 5. Total Projected cost for the overall study. Total Cost Category Di re ct Cost Indirect Cost Total Cost V. References: Current Proposed 2014 2015 12677 6174 18851 8341 4061 12402 O'Connor, G. A., D. Sarkar, S. R. Brinton, H. A. Elliott and F. G. Martin. 2004 . Phytoavailability of Biosolids Phosphorus . J ENVIRON QUAL. 33:703 -712. • • • .ITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT City of Littleton City of Englewood 2900 S. Platte River Drive Englewood, Colorado 80110 (303) 762-2600 F/\X 762-2620 January 29, 2015 Colorado State University Office of Sponsored Programs 2002 Campus Delivery Fort Collins, Colorado 80523-2002 Attention: Marilyn Morrissey, Senior Research Administrator RE: INTERGOVERNMENTAL AGREEMENT FOR A COOPERATIVE RESEARCH PROJECT -SLUDGE APPLICATION TO DRYLAND WHEAT FIELDS -2015 FISCAL YEAR PROPOSAL Dear Ms. Morrissey: We are pleased to inform you that the 2015 proposals for the following projects were approved at the regularly scheduled meeting of the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee held on July 17 , 2014. • 1. Cooperative Research Project on Land Application of Sewage Biosolids on dryland wheat, • continuing the research projects at the Bennett and Byers sites, and 2 . Soil Quality and Plant Productivity Following the Land Application of Chemically Coagulated Phosphorus Biosolids Study. This letter serves as authorization for the 2015 studies. Authorization is based on the following understanding: 1. 2. 3. 4. 5. 6. 7 . 8 . The upper expenditure limit for the Bennett study is $52,481 for fiscal year 2015 . The upper expenditure limit for the Byers study is $57,113 for fiscal year 2015. The upper expenditure limit for the Phosphorus study is $12,402 for fiscal year 2015. Separate authorization must be obtained for additional work beyond that described in the proposals. Progress reporting and invoicing will be on a quarterly basis. Project reports must accompany all invoices, also on a quarterly basis. A final report will be provided. Invoices are to provide detailed background of project costs according to categories shown in the Proposed Budget Tables in your proposal. All publications pertaining to the research work will be submitted to the cities for review prior to release. All other conditions set forth in your June 2014 proposal shall be incorporated in this agreement. E x H I B I T c CSU Research Projects January 29, 2015 Page 2 of2 We anticipate your program will proceed immediately. Please acknowledge your acceptance of the terms of the agreement by signing the bottom portion of both copies of the signature page. Return one (1) copy to: Littleton/Englewood Wastewater Treatment Plant, 2900 S Platte River Drive, Englewood, CO 80110 for the official City of Englewood records and retain one (1) copy for your records. Sincerely, Stewart H. Fonda Director ACCEPTANCE OF TERMS OF AGREEMENT: Signature Title SHF/ ah Enclosure: two signature pages Date cc: Dr. Ken Barbarick, Dept of Soil & Crop Sciences, 1170 Campus Delivery, CSU, Ft Collins, CO 80523-1170 H :\Administration\Contracts\Current Contracts\CSU\2015 Contract\CSU Contract 2015 Cover Letter.doc File: 020-050-060 • • • • • • ORDINANCE NO. SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO . 7 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." WHEREAS, the City Council of the City of Englewood approved a Joint Funding Agreement between the U.S. Geological Survey by the passage of Ordinance No. 20 , Series of 1996, Ordinance No . 87, Series of 1997, and Ordinance No . 5, Series of 1999; and WHEREAS , the Englewood City Council approved the Joint Funding Agreement for 5 additional one year periods with the passage of Ordinance No. 2, Series of 2001; and WHEREAS, the Englewood City Council approved the Joint Funding Agreement for 5 additional one year periods with the passage of Ordinance No . 68, Series of 2008 ; and WHEREAS , stream flow gages located at Union Avenue and the South Platte River, are operated and maintained by the U.S. Geological Survey and have been in operation since 1990; and WHEREAS , the data provided by the gauging station is required by the State Water Commissioner in order to make releases from Chatfield Reservoir during low flow situations in which insufficient water is available to meet pumping demands at Union A venue Pump Station; and WHEREAS, the data provided by the gauging station and monitoring station located on the South Platte River in Englewood assists in determining state water quality permit requirements for the Littleton/Englewood Wastewater Treatment Plant; and WHEREAS , this Ordinance will approve the "Joint Funding Agreement For Water Resources Investigations" with the U.S .G .S. for the period of October 1, 2014 through September 30, 2015; and WHEREAS, the passage of this Ordinance will approve the City Manager shall be authorized to further extend the Intergovernmental Joint Funding Agreement For Water Sources Investigations between the Littleton/Englewood Wastewater Treatment Plant and the U.S. Geological Survey United States Department Of The Interior for five additional one (1) year periods; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant contribution is $19,150 per year; and WHEREAS , the contribution of the Englewood Utility Department is $10,790 per year; and 9 b iv WHEREAS, the U.S.G.S. contribution is $18,175 per year under this Agreement ; and WHEREAS, the LIE Supervisory Committee recommended approval of this Agreement at their January 15, 2015 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The intergovernmental agreement "U.S. Department Of The Interior U .S. Geological Survey Joint Funding Agreement For Water Resources Investigations", for the period of October 1, 2014 to September 30, 2015, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute the Intergovernmental Joint Funding Agreement For Water Sources Investigations for and on behalf of the City of Englewood, Colorado. Section 3. The passage of this Ordinance will approve the "Joint Funding Agreement For Water Resources Investigations" with the U.S.G.S. for the period of October 1, 2014 through September 30, 2015. Section 4. The City Manager shall be authorized to further extend the Intergovernmental Joint Funding Agreement For Water Sources Investigations between the Littleton/Englewood Wastewater Treatment Plant and the U.S. Geological Survey United States Department Of The Interior for five additional one (1) year periods. Introduced, read in full, and passed on first reading on the 17th day of February, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of February, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of February, 2015 for thirty (30) days. Read by title and passed on final reading on the 2nd day of March, 2015. Published by title in the City's official newspaper as Ordinance No._, Series of 2015 , on the 5th day of March, 2015. Published by title on the City's official website beginning on the 4th day of March, 2015 for thirty (30) days. Randy P. Penn, 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 2015. Loucrishia A. Ellis Form 9-1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR WATER RESOURCES INVESTIGATIONS Customer No: 6000000881 Agreement No: 15CMC015 018 0000 Project No: TIN#: 846000583 Fixed Cost Agreement 0Yes 0No THIS AGREEMENT is entered into as of the _1st_day of October, 2014 by the U .S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Englewood, party of the second part. 1 . The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation for the operation and maintenance of streamflow and water quality stations in the South Platte River basin, hereinafter called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2 . The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program . 2(b) includes In-Kind Services in the amount of $0.00 . (a) $14,925.00 (b) $34,740.00* by the party of the first part during the period October 1, 2014 to September 30, 2015 by the party of the second part during the period October 1, 2014 to September 30, 2015 *Unmatched $19,815.00 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties . 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4 . The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5 . The areas to be included in the program shall be detenmined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to ensure the required • standards of accuracy subject to modification by mutual agreement. 6 . During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party . 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8 . The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part . However, the party of the second part reserves the right to publish the results of this program and , if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared . The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (Form 01-1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date , interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date . (31 USC 3717 ; Comptroller General File B- 212222, August 23, 1983 .). Name: Address : ,e,/fa1. By f ~ f/Name: ti : Title USGS Point of Contact Greg Smrth PO Box 25046, MS 415 Denver, CO 80225 303-236-6945 12-bf1 I . Customer Point of Contact Name: Stewart H. Fonda Address : 1000 Englewood Parkway Englewood CO . 80110 Telephone : (303) 762-2636 Email : sfonda@englewoodgov.org -----···-~-------- Date By Name : Title : Randy l?. Penn, Mayor • E x H , . B I T •' • Attachment 1. .·--i·, • • 4 ParameterO.W Sonde 0 & M Streamflow Stations o & M TotalQW Englewood $28,765 $19,150 $28,765 $19,150 USGS FMF Totaisw · Englewood $16,100 $10,790 $9,615 $8,liSO $4,BOO · $9,615 $24,l50 $i5,590 combined Englewopd and USGS Costs Englewood Share of Program Costs USGS Federal Matching Funds USGS FMF $5,310 ', · ·so $5,310 NSIP (National Streamflow Information Program) funds . NSIP $3,250 $3,250 $52,915 $34,740 $14,925 $3,250 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 2, 2015 9 c i Resolution amending fees for Public Works Right-of-Way Permits Initiated By: Staff Source: Department of Public Works Dave Henderson, Deputy Public Works Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 34, Series 2003, establishing the Public Works permits fee schedule. Council approved Resolution No. 86, Series 2012, amending the Public Works permits fee schedule. Council approved Resolution No. 90, Series 2012, amending the Public Works permits fee schedule. Staff discussed the proposed fee schedule with City Council at the February 2, 2015 Study Session. RECOMMENDED ACTION Staff recommends Council approval of a resolution modifying the Public Works Right-of-Way permit fee schedule. Said fees will become effective on April 1, 2015 . • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff has been evaluating fees charged for work within the public right-of-way. The last fee adjustment was in December, 2012 (Resolution No. 90, Series of 2012). Staff has been tracking the cost to provide this service and recommends adjustments as detailed below: Type of Perm it/Service Excavation Permit Fee Asphalt Patch Fee Gravel Alley Cut Fee Concrete Permit Working without Permit Re-inspection Fee Occupancy Permits Existing Fee $95.00 (flat fee) $6. 90/sq. ft. $2.00/sq. ft. $100.00 (flat fee) Double Fee $50.00 Dumpster (resident) $25.00 Contractor Occupancy $95.00 Block Party $0* Oversize/Overweight Vehicle Per State Fee *City provides barricades (delivery and pick up) Proposed Fee $115 .00 (flat fee) $12 .25 /sq. ft. $2 .00/sq . ft. $115.00 (flat fee) Double Fee $75.00 $25.00 $115 .00 $0* Per State Fee The proposed fee schedule above will be for typical contractor projects. Development projects or projects requiring detailed plan review will be charged for the actual time spent for processing, review, and • inspection. The amount will be estimated by staff and collected at the time the permit is issued. The contractor will receive a refund if actual costs are less than estimated. The contractor will be required to reimburse for actual costs exceeding the estimate. Costs will be based on the following fully loaded labor rates: Labor Type Clerical Engineers Inspectors Existing Rate $35.00 per hour $58.00 per hour $48 .00 per hour Proposed Rate $38.00 $63.00 $52.00 The proposed fees will still be on the lower end of what most other local governments are charging (see the table below). City Excavation Asphalt Excavation Gravel Concrete Dumpster in Street Patch in Alley Alley Permit Permit Permit Permit Repair Sheridan $200 * $200 * $25 $0 Littleton $110 * $110 * $110 $0 Golden $206 $388 $206 N/A $50 $50 Centennial $315 $150 min. $315 * $340 $25 Englewood Proposed $115 $306 $115 $50 $115 $25 * "By Contractor" NOTE: Estimated Asphalt Patch fees based on 5' x 5' {25 sq. ft.) In-house Englewood Utilities projects will reimburse for estimated actual patching costs. FINANCIAL IMPACT Additional revenue projections, based on the proposed fees, are in the neighborhood of $63,000 annually as detailed below: Type of Permit/Service Excavation Asphalt Patch Gravel Alley Cut Concrete Permit Occupancy Permit Re-inspection LIST OF ATTACHMENTS Resolution Existing $ 30,000 $ 70,000 $ 4,000 $ 6,000 $ 3,500 $ 250 $113,750 Anticipated $ 36,000 $124,000 $ 4,000 $ 7,000 $ 4,500 $ 750 $176,250 Annual increase $ 6,000 $54,000 $ 0 $ 1,000 $ 1,000 $ 500 $62,500 • • • • • • RESOLUTION NO . SERIES OF 2015 A RESOLUTION AMENDING FEES FOR PUBLIC WORKS RIGHT-OF-WAY PERMITS. WHEREAS, the use of the Public Right-of-Way is a benefit to private individuals and companies; and WHEREAS, that use of the public right-of-way requires costs to the City for engineering reviews or inspections as part of the use permit or development process; and WHEREAS, City costs for managing the use of the public rights-of-way have increased since the current fees were set in 2012, and the new schedule is reasonably related to the City's costs; and WHEREAS, the Englewood City Council approved the establishment of the Public Right-of- Way permit fees schedule by the passage of Resolution No. 34, Series of 2003; and WHEREAS, the Englewood City Council approved modification for Public Works Right-of- Way Permit Fees by the passage of Resolution No. 86, Series of 2012; and WHEREAS, the Englewood City Council approved amending the Public Works Right-of-Way Permit Fees schedule by the passage of Resolution No. 90, Series of 2012; and WHEREAS, the passage of this Resolution will adopt a revised fee schedule that is consistent with the estimates of cost to provide the various Right-of-Way permits . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. City Council hereby approves the following amended administrative and management fees: Fee Schedule for Work Done in the Public Way: Type of Permit/Service Excavation Permit Fee Asphalt Patch Fee Gravel Alley Cut Fee Concrete Permit Fee Working without Permit Re-inspection Fee $115.00 (flat fee) $ 12.25/sq . ft. $ 2.00/sq ft $115.00 (flat fee) Double Fee $ 75.00 Occupancy Permits: Dumpster (resident) Contractor Occupancy Block Party Oversize/Oveiweight Vehicle *City provides barricades (delivery and pick up) $ 25 .00 (flat fee) $115.00 (flat fee) $ 0 * Per State Fee The proposed fee schedule above will be for typical contractor projects. Development projects or projects requiring detailed plan review will be charged for the actual time spent for processing, review, and inspection. The amount will be estimated by the City and collected at the time the permit is issued. The contractor will receive a refund if actual costs are less than estimated. The contractor will be required to reimburse for actual costs exceeding the estimate. Costs will be based on the following fully loaded labor rates: Clerical Engineers Inspectors $38.00 per hour $63.00 per hour $52 .00 per hour ADOPTED AND APPROVED this 2nd day of March, 2015. ATTEST: Randy P. Penn, 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 cupy of Resolution No. __ , Series uf 2015. Loucrishia A. Ellis, City Clerk • • • • COUNCIL COMMUNICATION Date Agenda Item Subject March 2, 2015 9 c ii Granular Activated Carbon Agreement INITIATED BY STAFF SOURCE Utilities Department Tom Brennan, Engineer IV COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the GAC (Granular Activated Carbon) lease Agreement with American Commonwealth Management Services, Inc. (ACMS) at their October 19, 1998 meeting. Council approved a GAC lease agreement with American Water Resource at their February 22, 2005 meeting. Council approved a GAC lease agreement with American Water Resource / A.A.E .T. at their January 22, 2007 meeting. Council approved a GAC lease agreement with Calgon at their January 19, 2010 meeting in the amount of • $548,3 73 for 5 filters for 30 months. Plant staff was able to extend life by process imporvements. • RECOMMENDED ACTION The Water and Sewer Board, at their November 11 , 2014 meeting, recommended Council approval, by resolution, of the GAC Purchase Agreement to Calgon Carbon Corp. in the amount of $276,647.55 for two filters for thirty months. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Seasonal algae events in the Allen Water Treatment Plant's raw water supplies can lead to complaints of musty tastes and odors from Englewood customers . Carbon filters have been used successfully for effective taste, odor and total organic coliform removal. The granular activated carbon helps remove the organic and inorganic material which can cause taste and odor problems. In the past, the GAC media has been leased, but that practice has been discontinued in favor of purchasing virgin carbon. Bids were received and Calgon Carbon Corporation was the lowest acceptable bidder. Carbon requires periodic replacement whenever indicated by an iodine absorption test. The carbon can be replaced whenever indicated by an absorption test or other triggers. The proposed service contract will include a total of two filters, #5 and #6 in 2015, each requiring 2,700 cubic feet of GAC. The agreement will provide labor and equipment for the removal of the spent GAC and installation of virgin GAC, along with GAC testing every six months FINANCIAL IMPACT The agreement w ith Calgon Carbon Corporation will be for a total of $276,647.55 for two filters with monthly installments for a thirty months. Calgon Carbon Corporation 's quote was the only company deemed to meet specs. Carbon Activated Corp. was low bid at $242 , 112 .00, but did not meet all specifications because it's mined and manufactured out the country. Specifications require that the product be made in the United States . LIST OF ATTACHMENTS Bid Tabulation Sheet Contract for Services Agreement Approved Water and Sewer Board Minutes -January 13 , 2015 Resolution • • • City of Englewood Bid Tabulation Sheet Bid Opening Date: September 30, 2014 2:00 P.M. MDT I· ~pparent:t:.ow 'Bidder I ITEM BID: ITB-14-019 Granulated Activated Carbon Removal and Installation Services Addendum 1 Vendor I Bid Bond Y/N SQQ Y/N Y/N Total Bid Exceptions: Cabot Norit Activated Carbon PO Box 790 Marshall TX , 75671 Nikki Vineyard -Inside Sales (903) 935-4794 N/A N/A N/A No Bid CarbC>n :Activated,Corporation 902 :s21th'•Ave ," ""· ; Rhoeriiz ,fAZ ·· 85009 ··•. . Janet!Rlielas' ~ Operations/Sales (623)1547-9915 '' y y y $ 242,112;00 Calgon Carbon Corporation 500 Calgon Carbon Dr Pittsburgh, PA 15205 Robert Mclaughlin -VP Municipal (412) 787-6810 y y y $ 276,647.55 • • • • • • L;A.Ll.:lUN L;A.r<t:iUN 41~ 'rtH bbt:i~ I y LV I I f IV' IL. I [ City of Eng rewood i 000 Englewood Par'i<Way Englewood, CO 90110 (303} 762-2412 CONTRACT FOR SERVICES AGREEMENT . TH1S CONTRACT made and entar'ed Into on February, ~015 by and betw;en Caloon Carbon Corporation, ~00 Calgon Carbon Qr.,_Pittsburgh, PA 15205_ hereinafter Name Addrus City St Zip called the CONTRACTOR and the CITY OF ENGLEWOOD, nereinafter called the CITY. WITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furnish the CITY the following services: To remove and diss:iose ot ex~ng GAC form filters s & 6 approximately 5400 cu ft, then fur'nbh and In.stall a total of 5400 cu ft of new ""used virgin GAC fodihers 5 & 6._ Al the logtion.of: 1500Westbavton Ave. Englewood Colorado 60110(if aRQlig,~li) for a total contract .price of: Two Hundred Sevenl¥,§ix Thousand· Si1Ji Hundred For;!Y Seven Dollars and ?Sllru! ($ 276,647 .SS). The term of this co·ntract $hall begin on M~!]h. 2015 with worl< to be completed on or beforeJi:Wl. 2015. s. Tha Contractor shall not commence work under this Contract until the insurance required undtr Paragra,ph 20 of the Gener.tLTerms end£9nditions has been acquited and Htisf.!letory proof of ~ueh lnsurunoe has been submitted to the City. 4. TM services shaH be supervised by; or the project shall b~ il"lspected by the Project Manager for ~e City, or his er her authorized represerttatlve. 5. T&rms of Payment: The City agrees to pay the Contractor for the performance of al! the work required under tnis contra~ and the Contractor agrees to accept as the entire and only compensation therefore, suoh sum er sum~ of money as ma.y bo propQr in accordance with the total estim~d prica or prices set forth in the Contractor'& proposal attached hereto and made a part hereof. Payment shall be made In a lump sum upon ftnat completion of the project unless other terms are agreed to by the City in the Statement of work. A 5% retainage of the awarded pro}ect amount wilt be withheld until final inspection al'ld ~eeeptance by tl"IQ Project Manager. 6. · inis. Contract lnclu~~ tho General Terms and Conditions as Printed and Ht fOrth In the following pages, and the Contractor, by exe<rutlng this Contract, agrees to comply with all such General Terms.and Concfition!. · .I:'. UU:G LJ~~-u~-~Ul4 1~:~1 1v-,;:i-1-., r.:i . .£-. ~Jl.Ll:.iUN ~Jl.t(t:iUN 41~ ·rt::U bbt:i~ 1. The Contraetor 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 perlhe Request for OualiOcation and Specificationi:. 8. IN wnlJESS WHEREOF, the patties hereunto have subscribed to this Contract, Including all Contract Documents as lisMd bolow: -~-Proposal/Scope of Worl< Statement ___ Purcha.a Order No. C1TY OF ENGLEWOOD By (signature) (PrtntNamo) Co~zi ( ZG~ By (sloriature) ~--Insurance Forms ___ Immigration documents {if applicable) (date) 12/01/14 {date) Robert A. McLaughlin/Vice President Municipal (f)rtnt Name) NOTE: Federal Regulations (Code Se.ctions 6041 and 6209) require non-corporate recipients of $6DO.OO or more to furnish 1helr taxpayer identificatiort number to the payer. The· regulations nlso provide that a penalty may be imposed for failure to furnish the taXJ)ayer fdentif:i~iion namber. In order to comply with these rogulatlons, thtt City requires your federal tax identification number or Soc:ial Security Number, whichever Is aoollcable. 2 ~ .uu:.; • • • • • • u~v-uv -~u1~ iv:o1 !U-.4ti~ l't, IJ.L't \;f\.LliU.N \;f\.t( t:>U.N QENE6Al..,IERMS .AHR.eoNDITIONS 1. P80posAL ACCEPTANta. Pt0pos:!s ~ cubJ•CI lo 11c:ceptance by lh• slgl'lln9 of a eonlnlet Ofld l~unnee ol an appropr1ele pu~~o ordor et any time within &ll(I)' (60} -days after the ~ltlt Cit ~uom unl9$.$ otnerwl5t sllpulatoCI. Tho City rosetVeg. 1he tfglit lo accept or reject any and ~ c;uotaa Wld res11M1s 1'he ri;ht \0 w;alva ariy lnfotmality ln any quo1e. ~. SITE EXAMffiATION. If apj:illoable. Contractol mt!SI examine the site MCJ certil'y an meillSUJ'11men1$, $?tClflCJUons and, conditi0ll$ 11tfed!ng the work to be perfam:ttd et mo slle. By submitting their qu~. the Conti:Dclor warrants that h11 er she (haruln:.iftlilr ho or his) mad; suc:l:l $ke emmlooon as they dllilm l'IOONSl!lry rega~1r1g the condlllon of lhO el1e: II! accesslblnty for m:a:arla~ workl'n•l'I •nd utirr!ies and i'i• Contractor's e.bltlry to "rotec:t el0$!ing cur12ca and ~ace improvemenb. Ne olelm tot t.JIC\141'1C9 ot time or IT\OMY will b11 aJlowQCI as 10 such rnat101J1 or for any olhl;ir Ul'l"lsoovered condl!lon:i on the ·site. 3. EgureMENT AND LABQB-The Conlrac:tor 11hllll fumi5h ell tools, equipment, appoirati.is, fai;l~ tral'ISPOrta11on. tabor. and matetlal necessary to Jumlsh lt1'I wrvrcesr l'leroln described. Tho servicft shall b11 pgr1orrntd .at such times and places ;is dlt'9ot1d by the -l!lt:Jthoriz:ed City nipruentatlVD :zs intficatea In t/lo wol1i: $poelfleallon& or 9falell'\9!1t of work :lnsohed':l'le~to. 4. SU!ZCONTRACTOR$. Contracior agre11s lo bind ~ry subcontrac10r to lhe tu~ o! lhl& con!faet Qg for 4! $uch fQtma are appllc;ablo to 1ubcon1nsc:tons work. If Contrae10r sn:iu si1.1b0ol'.ltl'1Jct any par1 or .\his ·contr2c::t. Contrector shall bo fuuy responalblo ID ·the City for acts and omissions or hl!I subc:ontraQ!Qr llnd of po~ althor O!roctty .er lrldlr~lly employwd b)" 'hlmselt Nolhlng contained in tne contract d0¢1;11MOlS shall cte&1e any tilntnlCllJZ!I mlatlon& tiocwe&n any subcontractor and t/'la City. 5. QSEAUl,. BY coNTlllACTOft. When CentraclOr, or :iny sulx:Ol\trae!OI', or vem!or Shan fail ID deliver any Miele or Gervlce or shall .(!eltver any ettfd• or .s11rvti::e i.v1lleb cloes not conform to'tli• work spoc:lfleatlol'I& or ;tl'lo St&:emertt of Work. 'tl'lO City may, upon 1i\lt {~ b1r.1iness dayJ' prior written none; d~SCTiblng the default, at Its opt!Ol'I, annul .and set ·Ulde the coniraet em~1d Into with saicl Contrzictor. subconir.aclor or -..ender either in wholo or rn :~rt and en1er lolO ·1 now contract in such a ITIAMlU wlitoh wculd be IO Iha b1':SI advnntog• ol the City. The City morve:s the 11gllt to canc111 Ull'( ill'llcles or ;ervlecs whlch the Contraeior -may be titlable lo fumistl bGallJlle crt economic eondlrlons. governmental rogutatlol'lt or oti'ler sll'l'lllar cauc111 b1aygnd tl'lo contr.ol of tho Contractor provided aa!l:ifaetory proof is f~!Sh!KI to 1h11 City, If ~uest;d. 6. !C2NTRACI CHANGEq. No cl\ange' or al1era1lons to this ccnt~C! wU bl!' made wlthcct specific prior WT1«11n a;Jprcval by both pai1ios. 7. WOBICR.Jtg , Contr.lCIOt shall at an ilmas enfon::e stria ~lpllne and' gQOd .ord111r l:UTIOl'lg l'ITs omplcy0011 Oltff ahall flOt amploy on wortc •nY Ul'lflt peraon of !lnyoilo not akated tn WOfk a!3lgned to him or her. Airy P'l11;ltl In me -emplgy of 11ie Cotinetor who the City may desm incompol9nt or unfit s?iall b~. dlsmissad rrom 1h• Job sfce and cMll not again be ~ at the site wittto\Jl wrlttlln amsont from the City. a. i\JUJTIUT!ONS. No ~stllutlo"' or ma1et1als or persons from those tpecified in tlie Stal8mant or Worl( llhall blil made wlltlouf tho prior wtltten appro\131 of 'the City. 9. eONieACTOR IUPF.flVISION. Contractrir ahllll provide competent super:;61on o! porsonn11l ·11mployvc1 on thg ·Job iite. usa .of 11qutprnont, and quality of WOrlcmatlShip. 41L: '(!;;!'( bbt:li: !-'.004 beln9 perfOl'l'l'led and liMll be rnalmmn11c1 In a ~fa Mid clean ocndltiOn. t1. ACCESS IO WORJS. City reprasen1atlvos: ~h:ill at all limes have occass io worli; ~ortvet II Is ~" p~penslion or progress. Ccnt~r shall pnrvide safe and pro~r !4CIBUGs -for such ac:cess. 12. PROTECTION OF WOBIS' A.ND PROP!STV. The Contr1otor shaU erect anel propnrfy rnalntaln :i.r ;U tfmas, as lb(JUlred by cond lllOl'IG and progre;; of wol'lt, all n11ce5sary sa'reguardt, slQn5, barrisrc, nghta, and wati::hmgn for proteetlon cf worl<men a1'd V'I& pubUe, ond shall post danger signs wamlng egel'1st hazard:s ereiatod lly such ftalures In V'\e i:ovrn of 11'le con~n;ieUol'I . 13. gccueANe:t. The City reserves the right to occupy builL1lngs at any ~ b6fo~ ronnal co~! ocmplo!lon and.such occupancy shell not constiMe ~ at.:cep!a11C9 or approv.J of tJITf part or the work coverecJ b)' tl'll~ oorrttact. nor sh411 sL:Jeh 000\IPAflCY extend th11 c1a111 'J'Qclflgd for ~ubstanltal corr~letion of the WQrit. 14. A!SIGN.MENT Q~ CONTRACT Al$> PURCHA§E ~-Tile Contractor &M.;ia nor as~lgn or flar'ltfor by opgQ.tlon ol i.w or -otharwise eny or ell or ils rlgh~. bVl'd~~. (Sulios, or obflgdons under !his O/:ll'llr=ot without ~ prior written connnl or 11ie City. ts. FOF!C" MAJgueg Ct.AUSE.. Th111 pollrtios ttl .lhci Connet 1:11\nll be e~ed frtim parforrN1nco ha~\l!'lder dUl'ltig ltl9 lime QM 10 the BX1enl lhal they IJre pnMlnted 1rom ob1all'llng, de~voring, or p&rformrng by an ;Jct of God. nre , &lrb, losa, !ShortagQ of ~l)Or1atl0t1 faoflllici.t. look-out, ot tM comm1rideering ol m11tcrilll5< prcdu~ plBnt3 or f11c:Ul1la$ by the government when aatlsfactory evlden09 '!hereof is pr"ont~ to the othor paeycles), provided 1tlat It ls satl!lhsct>rily ci~Ushed that the non-performaneo rs net du11 lo !ha fault or negf~I of the party nct.podormlng. fG. HOU? HMMLESS CQ.N!f!ACT; Th; Col'lWQtor shall ~. def~ni:I, no1d tmrmlfJSlS and indemnity th11 City from and lll1almt nny 11nd ~II l0$$Gs, damag-. ll2bJll!loa, claims, and cos:t.a of ~atsoover kind Ol'ld natlJl'e for in!V?Y to or death or any pemon and !Of' loss or Gatnagll so !Mf'I i::iro~ cceimin11 in connoc11on wllli or In :.ny we.y Incident to or erl:itng out ol the occupancy, uoe. setvice, op11ratlon&l, or pelff orm~o Cf work on proporty und91' lhe i•mls of this contnlct by MY employOo. agent, or rep~ve cl Conlr:actor endfor Its S\lbCO!ltraotors unless such loss Wat 1 result or the negligent e.ct:s or omlsslcn11 of the City. 17;. ea'!MEN'T. Unlo£& othllfWlso apeemed, lhe ccmractor &hall render Invoices for l'llA!erlals dgJlvvr9d er s11rvlce11: pe11ormed IJl'ICIQr the Conlrac:I or Puroh~e Ordor. The City shall make payment for ~s. supplla or oum service& turnlshQd under (I'll• Contract In lump ~11m on complfjlion of Iha work w!tt!ll'I . thirty {30) days attar d1111Vary io ~ arii:iroval by lhe autho~ City r'Dprocontadve of au l11YOll:es lll'1d gthar documol'Mly evld11nco l'llasol'tDbly required w tf\t City lncludinq me salls*lory relea&e ol all Qo~ or dlllmi; f~ l~n$ by stJDco~is. labcrftl. and matetlal supp!I01' for work or ma\Oriab p~dod und11r1hi:o Contract or Purthase Order(wl'tiell 2CP"°"2l shall not be t.11Woasonably ~hheld). 18. PERMITS ANO LICEf:fSES . The Contractor ::i~ an of his l!l'npleyHs, ~ants, and subcoruraclO!'& shall ~~re and maintain ln force, at ContnM;toc'11 ~of t cost and O!Cpfil'IC11t, sVCh l!c:ans.os and permit; a& are f'OQl.lircd l>y law, fm;lud lng all)' ~onaee or perml18 raqulrad by 1he City In connecllon wlltl cno fumh1ning o1 mat•~ 11uppU11s, or &ervlcu t:ierein llshld. ~o . ,C.l&AN U?.. Oe~ sh.JI be romowd from ih• 19. QOW'.BAC!QB ll!OT ~ 2ffi9!!'6 CMPL9Ygl$. 08 promleGa. The jOIHIW 1Nlt be kept In good order at aJI times-A'CiNT OF !ME. CJIX. Whllo tngagtd 11'1 Of carrying out alhor wn.11 work is riot achmlly tem'ls end conditions of the ConlQct or PU?ehas11 Order, tl'le 3 DEC-03-2014 13:52 1v-L;,-/'f, l~·t.'"T CALGON CARBON 412 787 6682 Contra~r " an lndep1ndent Contraator, end not a.n offlcar. '7n"J1foyo~. 11Qc:nt. partner, orJolli! vontun1 of tho City. 25. G~BNING LAW. Thia contrad ;~I be gov&med 20. CONmA(V'Q8'§ AHR GUBC:Ot:q?!AC!QR'S INSVB~· Th• Contraaor 111'1211 not eomrnence work unaor this COOll'aCl unill he has ob1~nod th~ ioavral'IC" requ1N2f.undfr thla paragraph end sat!sfactoiy r:iroof of 'ueh ln91.1ranoe tras tx11n 1ubmlned to Clty. Except for WOl'l<er's ccmpgr1'allon lnsv1"2nce. Iha policy :shill not be amendoi:I or modllltd and ll'!e coviar.ige amounts ahall not tie reduced with°"' tha Clty.s prior 'IVri!ten connnt Thu City .sh:ill be nam•cl u an e:ddificmal Insured and be fumlahtcl tnlrtY (SO) dCly;J written nt>Uce prier IO CNii:f)Tiation. The Contractor shall not allow any 3u~c!Dr, ;mployeo or agent to commence work on !his contract or ~ subc:ontractunlil 1hls lnsurani;-1 ~ b&eri obtalnGd. a) wo111gA'§ COMp!SNSAT!Ofll !NfY~ANee:. Thu contrcctot s'l'lall orocure ancr st\:all m:i.lntAln ciur1ng the Rf~ of tl'lls contract. Worker's OOIT!Pt~arion lnsurenc11 on all ot nl5 amPloyMS io bu ungaged In work on tht proJec:t under thb <:e!Waet anct Jn case of .arty sud"! worll suOCOtltr:acted. Iha contractor shalr rvqulro the 8Uboo1'1lroc1or i:in::Mae WoW>r's Compensation ln1UrGnCfS for all of. tha subcontr.ioiors empJoyeeg to bo 11ng119od ln such worl( uiiloss such empl0}'9es 111'& covorod bytt\e Con~actor.J W0!1caf's Compensation lnsurel'ICe. b) CONTR.ACJOR'S PUB!s;IC: L)ABILl'Tl.. ANP. PBQfiflII 2AMAO!! INSURANea Thll Contrcetor and any au~ontraetor snan procu"' rsn12 snau mi!lnialn dOrlng the life of this· contract, Contraetor'~ Publlc.Uabillty lnsumnce In nn amQUnt not teat than $1,000.000 for lo)urles, lndudlng aecldern;J d'tattl to 111'1)' OC'le pon;on, 1:1t)d 11ub)oct lo lbe ~o limit for eech poraon. 1n an atnO\Jtlt not less th!m $1.000,000 ot1 .;.oecunt of one acc:id!Jl'\t, e,,d shall "° mall'\laln Contmetor'~ Property oamago rnsiurance ln WI amount norl~ than s1,ooo.ooo. 21. WAlitRANUIQUALITV. The Conll'ldOr, mal'.\U,ar;tt.ir.r, or lhelr .usigned a1:11nts thull guarantff ihO workmanship, product or '9r'Jlo• performed &~Ml dnfects or failures ol moteriels for a rriinlmum period of ono (1) year from delivery or !he final c:ompl~tlon date for tho worlt. All workman&blp and merel'landiee mU$t .be wananted to be In comi:iller:u:e with applTcablo Coler.I.do enorgy, conservation, 11rid elNironrnontal stanc:lardt; Ur\lts.s a longer minimum par!Od 'Is: roqvlre<I Jn th• s1at11ment of worlc:. CDntrxtor ~hall fumlsh all mtinafactures' and suppTier' written guarantees ontl wsmmtgas CO'Jerlf"6 ma1orl~ and oqylpment fumishod pumua"t co thl' Contract or Pul'trtilH Order. 22. ASSIGNM~tf! OF CUl.Ul!i lri 1>ubmltll119 a Q110t11 on u,1, pro[;«, ""° Cotltnsc:tur or 111'1Y ~ubcen!r.octor agreelno \o :supply gooas, Hrvlces, or materials, encl entering Into lhla eo!'lnct. the Contractcrand/or 5\Jbconlr2dor do orrer end agree to a1=ilgn 10 ttir. CUy llft rights, tlllo, and lnter~t In lVlrl 10 all Q&\.1$03 of action il rn:sy ~ pursuant U'i~ QOntreot or :wbco1:1tr.act. ~s asslgt1msnt shall bo made and bGooms eftao6w at thll llm11 lhu City tonders fl~! payment 1tJ the Conll'ae10rwkho1;1t f\irthor acknowledgment by tho p;lltlot.. :23. ~OMPUANCE WITH LAWS• Con~ &hall 91\lt an notices Oll'!d comply witn all I~ o~nances, rules and 109U)ations btating on conduct or work as lndleatecl or speciHed In V\Q SWll'lont or Worlc. tf Conlrador obSeMIS that any of the woll< roqulrvd by this eentract t; at veriance witn nny 5uch laws, ordinances. r.iloa or re;uretlons. eon1raaor $hall l\Otlfy Uie C\ty, In writing, and, Bt flt• •Ole option or th& City. any riecewuy changes ·to the scope ar WOl1< snail bll ~. llMd this 'ontract sh:&ll be> appropri.t11ly amended. in writin11. or lhls ccntrmci Ol'lall be lel"minete~ el'l•ctfvu upon Contraetar'I receipt of a wr!non termlnallon nolltt from tie City. It Contractor porforms arry worl< knQwlng It ta be in viOlallon or sucl) laws, ordlnanes;, l'tlles or rt9Ul&t10na B!'ld wftliout fr"t ootlfying Vio Cliy or such v!i!Tetlon. Contnwtor shell bear all costs artalng ihqtumirn. 2A.. DM! IS OF IHE @SEN.CE. lime Is of th11 llCs:Qf\CG In lt'ie perlarmanco el aNI ootftCllanoe wilt\ Hen est lhe prmitslon.1 and condltJont or this CCtlttGclt. 4 by and C"Drnotr\ltt1 .11'1 accorda~ with 'lh• laws cf th:t Slaia o1 C~IO!'a<!o. V;nu11 wlll"ba pn:iper tn Atispatlocl County. CO. :Z8. NO ORAL MQOISAAUOf'!, Any waiver, amondmonl modi'1calicn, consenr er acqul11;cenoo with respe¢t to thla contract or any provision of 11'11s eonimct or With tus~ 10 any failure to perform In accord11rir:e thei'QW!ll\ sliaU be set .fotlh In wr1tlng ar.d <1uly oxeoule<I by or Ol'I beholf of the pllrt>' to be bound tli1m1by. 27. TABOft. Tl"le prut!es Und'1rstancl .and aek.nowledg11 tl'lat each par:tv r, 5Ubj1ct to Arkle X. § 20 of the COi¢~ CoM!ltvtlon ("TABOR"). Ar.y provision of th~ contract or Its atlachmenta which Imposes 1.JPO(l tha City, dlraeUy or ll'!directly, any hric:l~I ob1'9~tion wh11t:soever to ~ p•r1ormod or whlcti mrsy be pl'lrformed in 3ny flsc~ yo:ar ir..1b;equent of tM ysar cf exQCU'llon Of 1t'lis COl'lfrad is ~~~IY mnae contln99nJ VJXIM orod sul:l)ec:t ~ fund$ ro, aueti fl"3nclal o~ga.!lol'I being appropriztca. bl.Jdgeted end olherwl5e mado imilable. za. PFtovrsioNs REOUIREo IU LAW oEgMeQ INSililTED. ~ and evory pl'C'J!s!On ct law ana c~se requlri:d by law to 1:1~ li1s9rigd In ll\lc conuaci shall be deemed to bG 1ru1orted herein •M ll'riS .conlre::1 snao be ~d 2nd gnforotd M \hough it wero lnelud11d th11rvln. 2g, \fE918CAJJO!li Of COMeJ,l~f WITH C.R;S. a-~ ET.51!0. .8EGAR~ING HffNG OE 1!.L~AL AU N (a) Employacs, Contractors and ~ubcontr:actors: Contractor sliall noc knowingly employ or contract with an Illegal 61ien to perform WtJl1< under 'lt\Js contract. Contmc:tor shall ncl conttaet YAlh a ~ontractor that fei'Js to e~lly to !ho Conttae1or !hat ttte llUbc:Ol'ltmctcr will not knowingly ornploy or oontttict with an lllu11al nllen to pe.1orm wol'I< unoer this Cantr.ict. [CRS 8-17.5·1~){a)(l) & (II).] (b) Verlflcatlon:. Conttaetor -Mii partieipite In elCl'ler tlie E-Vel'lfY prcigmm or ltl& Depanmant program, as doftnod in C.R.S. S.1'1~101 (~3} arid 8-17.S.101 (3.7) rvspectN11v. In order to confirm lhc employment aliglbmty of all empll))'&e:s wtio '"" newly .hll'9d for employment to perform work undaf thlS pubtle contract for s&MCCS. Contmclor ls pro>!lblte>d frcrn using the E-Verify proal'3m or h Oeparimem prowam proceCSul"lls to u~onake pre-.mplgyment ~reenin11 of Job appllcan!S wh ile IN!! contr<act ls being petrormeei. (Cl) Duty to Tormlnalo a S11~rr~ II Contractor ob1Qlna actual knowiaCI0'4 that a subc:Ontrador porforrnlng work under Iha contrac:t knowingly tmpl~ or co!'llr:icts Wlh "" Pl1g11l atiat1, 'the Contractor shall:. (1) notify the subcgnb'ector and thll City wi1hln threo days 11'1111 ttio Contractor ~ actual kl'lowladoe tl1lf tha subconll'ac:!l>r It employ!rig or contrnctlng wl<l'I ~n nl•;al alien: and (2) terminate the subcontract with the ~ubcontractor If, wlthlrl wee daya of receiving notice rtqUlred pursuant lo llU pmgr:Jph tha ~r doas noi stop amplgylng or ccntmding with VIC Illegal el'ien: except !hat 1ha Co"lr.lc10r snall r:iOl lermlnM• lhe contract with Ule :subcontractor If during SI.Jen three CS8y8 tho subconlr.lc:lof provldet intol'l'l'\Al:on to oo~tlllsh Uiat lt\e 8ubc:ontractor had not knowlnoly tmplciyed or '°l'lt~ed with IM lll~l alion. d) Diiiy to Comply wltl'I ~ ln11e&t1ption: Cc~ctor shall comply with any reasonabla roqwst of !ht CQIOl"lldo OeptJtrnont ol Ubor ~nd Employment rnadf> In the course al an lnveat~Ol'I ey Via! !tie PoPGnment 11 undertaking l'UtDUant to C.R.S. 8·17.S.102 (5), P.005 • • • D~C-03-2014 13:52 1u -n;-1'!. 1J.L't CALGON CARBON 412 787 6682 • (e) Dam•9N for 8fe11oh ot Co"tritet: Th& Cliy may lGITT\IMt8 this contract 1or ~ bl'M¢l of g~rsct, In whole or 111 part, Cfl.le to Cor!tr.1c:tor'11 breach cf any h<:!lon cf tl'lr.t poragraPh or Prov'r5lons mquiJea pu~ua.'11 to C.A.S. 8·11.5·102. COntraew shall be llabfe for ~I and conse(lUentlal domages to the City In ae!dition to e.ny oth:sr le~ or eourtnble remedy the (REMAINDER OF PAGE: INTENTIONAU .. Y LeFT 6L.ANK) C~ mlily rio entitled 10 fQ!' ;a bre&eh of this Co111ra~ undtf this Pa(!lgf"llPl"l29 • • • 5 P.006 DEC-03-2014 13:52 CALGON CARBON 412 787 6682 P.007 Scope Of Wotlc A. PUrol'laso rina s1:11e: 1. Co~r 11hctll s1.1pply tn. QAC r8qulted Jot !ha City'• fllla~ at the Allen Water Traattnent Pl&l'lt as the curretit GAC noodCI noplacoment for tl')f City's GAC 1Iltet& a& si>eelfled Jn Eir:hlt>it A {eld Form) zttactigd h11r91D ;ind lncolJ)O~!ed herln. 2. Corttr.letor gvara11ieeg that the GAC provided shalr be BC"COrtllng th the 15PfCltlt:atlori5 end samples submlned ant:f lnstaBed iKCOrding ta AWWA st1nd::lr.ds. 3. Tiw ~tiase and ln:t.&rarlcn or~ GAC wm b~ Ql1 al" ~ naedect basis for fil!$rs numt>croCI tlv11 ai'ld six. 4. Contr.ic:tor wlU rotrlove and dl$1»$t of tl'\t GAC at !hit one or Its useful life, as da!Brmlnsd by the Clty, shoulel the City ?Yl'Cihc:io replcc:emcnt GAC from the COl'\tractcr and £houtd' lhe GAC comply with me ~tol'CI is!:(:Optzmce crll"r1a . Both partle& understMd the 1erm ·useful 6fe of 1ne GAC" 15 subjec?Jv; and tho Contractor wlll make recommendations es to rha condition or the GAC ba"secl on the periodic test r1JSults . e. S¢1'Vlca~: 1. contractor w!l! provldQ liVpervl;fon, labor and an eq'Jipmenl for V'lo iml:a~ci.tlon a1 the vlrglri GAC Into Vie fitters on o 11ohedula &g1'8ed to by 'Coll) ~rttgi;;, Tho City will provide all necessary water. ell'ctriccy, and suitable drainage tc :iocompllsh 1hG l~llatlol'I of the vfrgln GAC In the Olter:s. 2. Contractor will t&al all GAC supp!l&a under tho Agroement every ~l:t (6) monlhs or oo another periodic seheeule !! reciusstod by lh9 City. Such tests. shan Qql.lal flva {S) completo hl1'4pl lng cn&lytlcaJ ~ul1H for eoch GAC niter lo be sUppasd l>Y 1hlil COnn~r Otl'I~ addltlon1I c11nrJ1e beyond the payments described lr1 Paragraph C tiereln. The 1irst test will oc:c:urslx (6) months aftgr the 1n~alla11cri of GAC ·lrito eaoh ol ll'le filters i;ov11rod under ttirs Agre;m;nt. 3. Should th1:1 City mqi.Jire addltlol\41 c~plo~ for Q;:)CJ'I fllttr boyol'ld this ~uan~ty. tl'le City will pay !or them ar the unit price supplled by rhe Contractor with :th!:i Agreement, tor lhe foUowfng analysis~ a. lodln11 NumbQr b. effecllve Size c. As:h Cantoni d. Unlfoonlty Coefflclant C. Consldal'.:Jt1on: The City .shall pay the Contractor tor ll'le &Ol'\lice& provie2sd hcrounder a monthly lnslaltmam I~ of $_4,577.06_ par fll~r. p~t month. beginning 01"1 tho tenth ('101"} dziy ol ttu1 month l'ollowlrtg ln&talla!lon of IM QAC in10 lilteii S and 6. These . lnstall!JIQnt payrmm~ $hall continue for thirty (30) monttis •~ the lrGti\lmtlon af thg new GAC In sach flltQr. Th; tOUll OOtl to tho City ~Mil not exi::eed s..,276,647.55_ (S_ -4,577,46_ ~r fllwnc ~o monlhs x 2 fi l ~r.1). This Agrooment shall . iermlriate at the ·erid oHhe useful lilit of the GAC lnl1afleo In the City's nlte.".8 ~ etierrntried by the City, unless extended by written mutual agrGiamont of the C)ln!e&. Should the Coritraetor fail .to prpvide GAC and '4rvt~es as provided lri E)Ctllblt A. th& City, vwith so da~ writttm norlco anl! !ha Contractor's eentltlued fanu,.. to provide GAC and° al)rvicee t:fur1ng sucrn1011ce p;T1od, ITIQ)' terminate this agreement for cause. E. t.'Jscell11ncaus: 1. This Agreemfll'll shBll nor b9 a~Jonod by Ol'lhor parry wllhout ttie wrlttel'I con:ient or lhe other party, which c:onsenl ;nail not b• unro~OMbly witl'lhllld. Any a.ssfgnee shall assiumv :all ll'le ob1l~!cn111 or th\$ Agreement and the · usignor .atiilll cot be-ralta11ed of l!S Qbllgatlons und;nhl& A9rvGmOt\t by re~ of aueh as&ignmont 2. Ccntractor ~rranta that lh~ GAC delivered hare1.1nder .shall conform to lh• SpGClflcall~ ~reed to In wrtllng by the partjee tor a period of triiny (301 d!lyc from the dale {>f snlpm.int and eny nl'llfoes provided h&roundcr :snau ~ pglformvc! In a workmanlike manner in accortlanea 'With lridusll'y standard&. • • • DEC-03-2014 13:52 CALGON CARBON 412 787 6682 P.008 AE!!flD@ CERTIFICATE OF LIABILITY INSURANCE j OAT!!!:~ 1Zi00/2014 ~IS CERTll'ICATE IS ISSUED AS A MATTER OF INFORMAl!OH ONLY AND CONFERS NO RIGHTS UPON !HE CERTIFICATE HOLDER. TMIS ERTIFICATE DOES NOT AFARMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFO~DED BY THE POLICIES ELOW. THIS CER.TIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PORTANT: If the certificate holdor Is an ADDITIONAL INSURED, the polley(los) must be endorsed. If SUBROGATION IS WAIVED, subjoct tc the torms and c;ondltlons of the policy, certain pollelos may ~quire an ondorsemont. A statcmont on thla c:ertlflcato does not oonfor '1ght$ to tho eortlfleate holder In lieu o1 such endol'S(lmont(s). pfl.ODUCl!R ~.l\CT MllDh USA Inc. NA PM ONE I rec Nn\o SIX PPG Place, Suite 300 l&•r ""• "wn• Plltsburgh, PA 15222 !i:MAlL Alln: Pit!B!Nrgh.cettreques!@".'arsh.com DOIO!SS ! INSURi.R!ll\ AFFOIUllNG COlll!FtAOE NAICll J02175-Ce!Jo 14-1 S rNSURER •: National Union Fire Ins Co Plltaburgh PA 19445 INSLIA!IU!: NIA NIA -· ·-INS\IREtl Calgon Camon Corpors~on l'ISUR!A c : The lneurance Company of lfle Slilte of Pennsylvania 19429 Al!n ; Cynthia Llgo 400 Calgon carbon Orf~ IN3U~Elt D : NIA NIA Piltibur;h, PA 1520S IN~~E: INS~RI'· COVERAGES CERTIFICATE NUMBER: CLE.004170816-01 REVISION NUMBER: 3 'THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BEi.OW HAVE BEEN ISSU!:D TO THE INSUREO NAMCO ASOVE FOR Tl-IE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF AN'f CONTRACT o~ OTHER DOCUMENT WITH RESPECT TO WHICH nus CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED ev THE POLICIES DESCRJBE.O HeREIN IS SUBJECT TO ALL THE TE:;RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 6Y PAID CLAIMS. llNSR LTR TYP! OF INSIJRANCE '-··~ I'"""" POLICYNUMsl!i:r 1 1~~M~~ ·n:~i&%wmi urwtrre A Gi;Ne!A~ LIAlllLITY GL19297S6 06/0112014 06/0112015 EACH OCCUR!t£NCe s 1,000 ,000 ~ x CCMMERCIA~ GENEAAL LIABILITY ~~~~!'~~:-.'." -· s 1,000,000 .....__ D Cl.AIMS.MAOE ~ OCCUR MED EXP fAIW Ol'le 1>an1cn) $ 0 .....__ ~ PERSONAL & A!JV IN.JURY s 1,000,000 ......__ ...... ·--O!NSfW. A<JGREGATE s Z,000,000 nLAGGR.n UMrT APrn PER: PRODUCTS· eOMP/O;> AQG s 2.000.000 POLICY ~R,2; X LOC Salf-lnaurvd Reten~on $ 500,000 ,-~~ CA0948237 (AOS) 0&'01/2014 OG/01/201S fE";:~~~1 ;stNGLI: LIMIT 1. 1,000,000 IWYAUTO _ CA0939881 (MA) 0610112014 06/01/2015 DOOIL. Y INJURY (Por poni~J $ Al.t .. OWNEO ~E;OULEO BODIL y JNJVRY (P•r accld..,l) s AUTO$ x AUTOS NON-OWNED f~';'~,ERTY OAW\GE $ HIRl!O AllTOS ........ AVTOS rA.,..,Jd•"ll I $ UMlilRfLLA LlA8 HOCCUR E/\CH OCC:URRl!NCE s ....._ EXCESS LIAB Cl..AlMs.MADE ACCREGATE , D!;O I I RETENTION~ s c WORK!R8 COMPDIUTION l'IVOl1U721164 (GA} I llON1(.t014 I 06/01/2015 A I T~~i~Th!"., I IOJ:' AND !MPl.OV?RS" LIAllJUTY y f N _i; c ANY PAOPl<IETORIPARTN!RIEXECUTIVE 0 WC018n1165 (/4Z:J OG/01fZ014 06/0112015 E.f.. EACH ACCIDENT $ 1,000.000 OPFIC9\MS"18..9"' EXCLUDED? NI• wrmenmiG(l.A Ml, MS, OR. TX. NY) 0610112014 06/01/2015 1,000,000 c (MM!dlltDI)' In NH) E.L OIS!AS!! • l!,4. a.IPl.O'f'..EE S c IT~ deDab> undo< WC018721167 {NJ) Oll/01/2014 O!W1'7015 E. L DISEASE -POLICY LIMIT S 1,000,000 0 IPTION 01' OPlffiATIONS below 09CRIP'T10N 01' Ql"l!!AA.'TION3 I LOCATIONS I VEKICLES (Allu:h .ACOltO 101, Addllonal Rtmmtb S oh•dlda, It rno,. epac. It ~U1red} City ar Englewood ts/we Jnduded a' addltionel murvd (exm;it worlceB' comp=nsation) where mquired by wrltteil contr.Jet. CERTIFICATE HOLDER CANCELLATION City of Englewood SHOUt.O AtN OF THE ABOVE De5CRl8ED POUCll!S BE CANCet.l.EO 81!FORE 1000 Englewood Patl(W;ry THE EXPIRATION OAl'E TH!REOF, NOTICE Will. BE Ol!UVEREO IN EnQl~wood, CO 80110 ACCOROANCE WITH THE POLICY PROVISIONS. • AUTHORlUO ll!PRl?RNTATIVE of Matah USA lno. Manaahi Mukherjee ~"VVl'Oi...:.~ I C 1988-2010 A.CORD CORPORATION. All rights te$erYed. ACORD 25 (2010/05) The ACORD namo and logo are reglstarod marks of ACORD V~C-03-2014 13:53 CALGON CAHoUN 412 787 6682 P.009 AGENCY CUSTOMER ID: _J.;....;0;,;;;2;,.;.17.;....;5;__ _____________ _ LOC #: Pittsburgh ·~ ACORL' ~ ADDITIONAL REMARKS SCHEDULE AC.ENCY Marsh USA Inc. POUCYNUMEI~ NAICCOCJE ADDmONAL REMARKS THIS ADDmONAL REMARKS FORM rs A SCHEDULE TO ACORD FORM, NAlo!EC> INSUREI) Calgon Catbon Corporation Attrr:Cyntlila Ugo 400 Calgon Carbon DMc Pl~buigf\, PA 1S205 FORM NUMBER: 25 FORM TTTLE: Certificate of Liability Insurance POLICY NUMBER: WC018721168 STATE(S) COV~: t.'A. ND. OH, WA. WI, WY JNSURE!l; THE INSURANCE CO.'JPANY OF TrlE STATE OF PalNSYLVANl.a.. EFFE;C'J'l\IE ANO EXPIRATION DATES; DM11/2014 -Oli/D1f2015 POLICY NUMSei:t: wco1anms STATE(S) COVERED ; n.. KY INSURER; THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA EFFECT1VE AND EXPIRATION OATES: 061W:Z014 • 0&'01/2015 Page 2 ()f 2 ACORD 101 (2008/01) ~ 2008 ACORD CORPORATION. All rights reserved. The ACORD nanw and logo are roglstered markt of ACORD • DEC-03-2014 13:53 CALGON CARBON 412 787 6682 • ENDORSEMENT This endorsement, effective 12:01 A.M. 06/0l / 2.014 form:9 a part of policy No.GL 192-97-56 issued to CALGON CARBON CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLY NOTICE OF CANCELLATION PROVIDED BY US This Mdor:semenr modifies Insurance provided under thB following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM GARAGE COVERAGE FORM COMMON POLICY CONDITIONS, A.· Cancellntlon, 2. Is amended to read: 2. Wo may cancel this policy by malling or delivering to the first Named Insured written notice of cancellation at least: a. TEN ( 10) • days before the effective date of cancellation if we cancel for nonpayment of premium; or b. NINETY ( 90)• days before the effective date of cancellation if we cancel for any other reason. • • The notice period provided shall not be less than that required by applicable state law($). • 99307 (6/08) ~~reaentative or . Countersi~atura rm States Where fncfudea copyrighted m1totlal o,Appllcable Jr111u111nc:o Sorvlc:OI 01th::e, Inc •• with It• permission. Page 1 of 1 P.010 ,,.,f'VT'I n T 0 n <f n .. • • • Present: Absent: Also present: WATER & SEWER BOARD MINUTES JANUARY 13, 2015 Wiggins, Penn, Lay, Gillit, Oakley, Habenicht, Waggoner, Moore Burns, Olson Stewart Fonda, Director of Utilities John Bock, Manager of Administration Tom Brennan, Utilities Engineer Jason Clark, Water Production Supt. The meeting was called to order at 5:00 p.m . e 1. The Board received the minutes of the October 7, 2014 Water and Sewer Board meeting and the October 9, 2014 phone vote. 2. GUEST: ERIC BENNETT -2740 S. DELA WARE ST. -TAP FEES FOR A DUPLEX. Mr. Bennett bought a property at 2740 S. Delaware St. with the intent to build a duplex to be sold separately. Mr. Bennett appeared to request a variance. If granted, he would not be required to pay additional water and sewer tap fees for a property that will be divided and sold separately. He is requesting Board approval for both units to have one water and sewer tap with a party wall agreement. He found out at the design review meeting that Englewood City Code requires two water and sewer taps. The Board discussed possible future owner/tenant problems with a party wall agreement for a single water & sewer line. The Board was polled and, while they were sympathetic that there was a miscommunication during his due diligence, the Board believed it would be generally more beneficial to all to have separate taps for each side. Motion: Moved: Ayes: Nays: To deny Mr. Bennett's request for a variance to allow one water and sewer tap at 2740 S. Delaware St. for two units being sold separately. Waggoner Seconded: Lay Waggoner, Lay, Gillit, Habenicht, Wiggins Oakley, Moore, Penn Members absent: Burns, Olson Motion carried. ~ 3. GAC CONTRACT. Granular activated carbon (GAC) is used to remove organic and inorganic material which can cause taste and odor problems in treated water. In the past, the GAC media has been leased, but that has been discontinued in favor of purchasing virgin carbon. Carbon • requires periodic replacement whenever indicated by an iodine absorption test. Bids • were received and Calgon Carbon Corporation was the lowest acceptable bidder at $276,647.55 for 2,700 cubic feet of GAC two filters. Motion: Move: Recommend Council approval of the GAC Purchase Agreement to Calgon Carbon Corp. in the amount of $276,647.55 for two filters for thirty months. Waggoner Seconded: Habenicht Motion carried . . ~ 4. ARTICLES: The Board received the following Denver Post articles; "A waterline in the sand " and" A tall rethink of water." • • • • E 4. 3560 & 3590 S . CLARKSON ST. -SANITARY SEWER SERVICE. A Council Request was received by the Utilities Department regarding a vacant lot at 3560 and 3590 S. Clarkson St. Utilities staff noted the lot's sanitary sewer connection and elevation problems are due to the property being lower than the sewer main . The lot would require a lift station or a main extension into Hampden to resol ve the sanitary sewer flow issue and would be the responsibility of the developer. .tc!'\ -~ 6. ALLEN PLANT ROOF The Allen Plant roof bid was di scussed. It will be presented next meeting for recommendation to Council. Adjourned 5:45 p .m. The meeting adjourned at The next Water and Sewer Board meeting will be Tuesday , February 10 , 2015 at 5 :00 in the Community Development Conference Room . Respectfully submitted, Cathy Burrage Recording Secretary • • • RESOLUTION NO . SERIES OF 2015 A RESOLUTION AUTHORIZING A CONTRACT FOR LEASE OF GRANULAR ACTIVATED CARBON (GAC) FILTERS FOR THE ALLEN WATER PLANT UNDER SECTION 113 OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, the City has a need for GAC at the Englewood Allen Water Treatment Plant because of raw water seasonal algae events in the water which lead to complaints of musty tastes and odors from Englewood customers; and WHEREAS, the granular activated carbon has been used successfully and helps remove the organic and inorganic material which can cause taste, odor and total organic coliform removal; an WHEREAS, this process has been used successfully at a number of U.S. water treatment plants for effective taste and odor removal; and WHEREAS, in the past, the GAC media has been leased, but that practice has been discontinued in favor of purchasing virgin carbon; and WHEREAS, carbon requires periodic replacement whenever indicated by an iodine absorption test and the carbon can be replaced wherever indicated by an absorption test or other triggers; and WHEREAS, the Calgon GAC Lease Agreement will provide carbon for two filters [No. 5 and #6 in 2015), and labor and equipment for the removal of the spent GAC and installation of virgin GAC for thirty months, along with GAC testing every 6 months; and WHEREAS, Carbon Activated Corporation was the low bid, but did not meet all specifications because it's mined and manufactures out of the country, and the specifications require that the product be made in the United States; and WHEREAS, under Section 113 of the Englewood Home Rule Charter Council -If the lowest bid is not accepted as being the best, such rejection must be approved by Council; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Granular Activated Carbon Lease Agreement with Calgon at the November 11, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood Utilities Department is hereby authorized to accept a lease agreement with Calgon GAC for granular activated carbon filters for the Allen Water Filter Plant, as allowed by Section 113 of the Englewood Home Rule Charter. ADOPTED AND APPROVED this 2nd day of March, 2015 . ATTEST: Randy P. Penn, 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 2015 . Loucrishia A. Ellis, City Clerk • • • • COUNCIL COMMUNICATION Date Agenda Item Subject March 2, 2015 9 c iii Water Meter and ERT Purchase INITIATED BY STAFF SOURCE Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the 2005 meter purchase in the amount of $ 76,785.10 at their March 21, 2005 meeting. Council approved the 2006 meter purchase in the amount of $51,331.40 at their May 15, 2006 meeting. Council approved the 2009 meter purchase in the amount of $114, 140 at their February 2, 2009 meeting. Council approved the 2010 meter purchase in the amount of $46,601.10 at their March 9, 2010 meeting. Council approved the 2011 meter purchase in the amount of $69, 145.00 at their May 2, 2011 meeting. Council approved the 2012 meter purchase in the amount of $99,563.56 at their April 16, 2012 meeting. Council approved the 2013 meter purchase in the amount of $138,847. At their April 1, 2013 meeting. Council approved the 2014 meter purchase in the amount of $87,621.36 at their June 2, 2014 meeting. RECOMMENDED ACTION • The Water and Sewer Board, at their February 10, 2015 meeting, recommended approval, by motion, the purchase of water meters and electronic remote transmitters. Staff recommends purchasing the equipment from National Meter and Automation, Inc. in the amount of $84,254.36 in conjuction with Denver Water's • purchase to ensure the best quantity price. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. The Utilities Department is converting the metering system to the !TRON Automatic Meter Reading System. All meters and registers purchased will be compatible with the !TRON System. A portion of these meters will be resold to Englewood customers for new installations as part of the flat-rate-to-meter conversion process. Some of the meter stock will be used to replace inactive or poorly functioning meters and to convert existing meters to the !TRON system . A portion of the 2015 order is electronic remote transmitters (ERTs) for updating existing residential meters, enabling meter readers to obtain meter readings using radio frequencies. This improves accuracy, and at the same time, is a labor saving device. The Water Department currently has 10,898 accounts, 9, 153 of which are metered. In a typical year: • About 1 50 are sold to water customers to convert flat rate accounts to metered when properties change owners . • Under the Water Conservation Plan with the State of Colorado, 100 meters are set aside for installation in the Test Drive a Meter Program. This program enables meters to be installed by the Utilities Department, allowing the customer to determine the savings of being on a metered-based bill. If the customer wishes to remain on a meter, the customer reimburses the City for the meter and installation. • 200 to 300 meters and their electronic registers are used to repair or replace malfunctioning meters. • New water taps account for approximately a dozen meters. FINANCIAL IMPACT Englewood's meter and ERT order is being placed in conjunction with Denver Water Board's Contract with National Meter for the best quantity price. The purchase order is based on a previous bid by Denver Water. Meters and ERTs will be purchased from National Meter & Automation for the amount of $84,254.36 for meters and ERTs. Of this amount, approximately $20,000 will be resold to Englewood customers for flat-rate to meter conversions. There is money budgeted for these meters in the 2015 Budget. LIST OF ATTACHMENTS Memorandum -2015 Request for purchase of new water meters Approved Water and Sewer Board Minutes -February 10, 2015 • • • • • • CITY 0 F ENGLEWOOD MEMORANDUM TO: John Bock, Administration Manager FROM: Randy Pierce, Utilities System Support Specialist DATE: January 21, 2015 SUBJECT: 2015 -Request for purchase of new water meters. NOTE : The City of Englewood has converted the metering system to ITRON AMR. All registers /ERTwill be the ITRON AMR SYSTEM. We are able to attach to the Denver Water Departments Bid Prices, Contract Number 12770A and 12772A, for their January 5, 2010 bid the effective contract period February 1, 2010 through June 19, 2014. Also, National Meter and Automation has sent us a formal letter stating the price will remain the same as our 2015 annual order also attached . 1000 Engle w ood Parkway En glewood, Colorado 80110 Phone 303-762-2635 www .englewoodgov.org • <~ATl<i'NAL METER AND AUTOMATION, INC_ 7220 S Fraser St, Centennial, CO 80112 Tel: (303) 339-9100 Fax: (303) 649-1017 Mr. Randy Pierce City of Englewood Water Department Englewood, Colorado 80110 Dear Randy, January 16, 2015 As per your request National Meter & Automation, Inc . is pleased to offer an extension of all pricing for Badger Water Meters, Registers, and Itron lOOW ERT Modules. All pricing will remain the same as for calendar year 2014. • This pricing will remain firm thru 12/31/2015 • We look forward to working with the City of Englewood for the upcoming year for your water meter and Itron needs. Thank you, Noel Frakes President/CEO • 1 2 6 7 Make Badger Meter Body Badger Meter Body Itron Encoder Register Itron Encoder Register • Meter Request 2015 Model Size Unit Price M25 5/8" $46.35 M35 3/4" $68.19 M25 5/8" $80.00 M35 3/4" $80.00 Request Total 100 $4,635.00 224 $15,274.56 100 $8,000.00 224 $17,920.00 Bl Itron End Points I ERT I 10ow i--------J $i11jol--3441 I $38,424.801 Total $84,254.36 • '· • • • Present: Absent: Also present: WATER & SEWER BOARD MINUTES FEBRUARY 10, 2015 Wiggins, Penn, Lay, Gillit, Oakley, Habenicht, Waggoner, Moore, Burns. Olson None Stewart Fonda, Director of Utilities Tom Brennan, Utilities Engineer IV John Bock, Manager of Administration The meeting was called to order at 5:00 p.m . ~." ~ 1. MINUTES OF THE JANUARY 13, 2014 MEETJNG. The Board received the minutes of the January 13, 2015 Water & Sewer Board meeting. Motion: Moved: Abstain: To approve the Minutes of the January 13, 2015 Water & Sewer Board meeting as written. Penn Seconded: Habenicht Olson Motion carried . 2. ALLEN PLANT ROOF REPAIR BID. The main roof at the Allen Filter Plant is past the projected life expectancy and in need of replacement. The existing roof system is 35 years old . Upon inspection by Englewood's insurance carrier, it was determined that roofs on the floc/sed building, meter shop and the dewatering building were storm damaged and needed to be replaced. Eight bids were received. The project engineer has reviewed the bids and deemed Alpine Roofing Inc. The lowest, technically acceptable bidder in the amount of $481,939.00. Motion: Moved: To recommend Council approval, by motion, to accept the bid from Alpine Roofing, Inc . for the Allen Plant Roof Repair project in the amount of $481,939.00. Waggoner Seconded: Oakley Motion carried. El 3. WATER METER & ERT PURCHASE. The Utilities Department purchases water meters needed to for an entire year by requesting one large bid proposal for additional cost savings. The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading System. A portion of the meters will be resold to Englewood customers for new installations as part of the flat-rate-to-meter conversion process. Some of the meter stock will be used to replace inactive or poorly functioning meters. Englewood's meter order is being placed in conjunction with Denver Water Board's Contract with National Meter for the best quantity price. Meters and ERTs will be purchased from National Meter & Automation for the amount of $84,254.36, of this approximately $20,000 will be resold to Englewood customers for flat-rate-to-meter convers10ns. Motion: Moved: Motion carried. Recommend Council approval, by motion, for the purchase of water meters and ERTs from National Meter and Automation, Inc. in the amount of $84,254.36. Bums Seconded: Waggoner • • • • • E 4. CO WEEN DICKERSON -2835 S. PENNSYLVANIA ST. -BILL REDUCTION . The Board received correspondence from Coween Dickerson of 2835 S. Pennsylvania St. regarding her request to reduce her water and sewer bill. Mr. Bock's responses were also included. The prope1ty' s meter readings were steady and then spiked and came back down. Utilities Technicians investigated and found no evidence of leaks. The meter register was also replaced. The old register was tested by a State approved test tank and found to be accurate. As a comtesy, Mr. Bock made a one-time adjustment. Ms. Dickerson has continued to protest her bill, requiring extensive staff time . Motion: Direct staff to not deal with Ms. Dickerson any further on these issues and to inform her that she must direct further correspondence from her to the Water and Sewer Board. Moved: Gillit Motion carried . ~ ~ 5. USGS GAUGING STATION. Seconded: Habenict The U.S. Geological Survey, Urban Drainage and the City of Englewood contribute to the cost of maintaining the flow gauge at Union A venue and the water quality monitor at the Littleton/Englewood Wastewater treatment Plant. This information is used to make calls for water releases from Chatfield to maintain levels at the Union A venue Reservoir and determine state water quality permit requirements . This contract will be presented to City Council through the Wastewater Treatment Plant administrative staff. The meeting adjourned at 5: 14 p.m. The next Water and Sewer board meeting will be March 10, 2015 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary • • • COUNCIL COMMUNICATION Date Agenda Item Subject: March 2, 2015 9 c iv Award Contract for Recreation Center HVAC Installation INITIATED BY: STAFF SOURCE: Michael Hogan Public Works Facilities and Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Staff discussed the proposed HVAC replacement project and the bids received for equipment and installation with City Council at the February 2, 2015 Study Session. Project approved through 2015 CTF budgeting process. RECOMMENDED ACTION Staff recommends that City Council approve, by motion, a construction contract for the Recreation Center HVAC Replacement Project. Staff recommends awarding the contact to Colorado Mechanical Systems Inc. in the amount of $594,800.00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing cooling tower at the Recreation Center is original to the building, built in 1985, making the equipment 29 years old. The average life span of this type of equipment is 20 years. The cooling tower uses direct/indirect evaporative cooling systems to cool water. That water is pumped to cold water coils in the air handling equipment and is used to cool the air provided to the building. The unit is prone to leak, and the watertight enclosure has worn out. The unit is currently operating at well below 50% efficiency of its designed specifications. With this expected equipment wear the system has significantly degraded in both efficiency and reliability. ... ..~ ~ -,_,...,. - A new HVAC system for the building has been engineered by MKK engineering. The existing cooling tower will be replaced by an air cooled chiller mounted on the roof to the rear of the Recreation Center. The new Trane Stealth Chiller will utilize mechanical cooling to chill water well below the levels previously attained with the cooling tower. The cold water will be pumped to the air handling units and passed through new cooling coils installed in the units. In essence, the process of cooling the building is the same except that we will utilize mechanical cooling instead of evaporative. This change will ensure a constant cooling water temperature regardless of outside temperatures and humidity, and allow for a more stable and comfortable indoor air environment. The installation includes the demolition of the existing equipment as exampled in the figure to the right, installation of new chiller, related piping and pumping, new air to air heat exchangers, new cooling coils, and connecting all new equipment to the building automation system. FINANCIAL IMPACT Three bids were received for the project. City of Englewood Bid Tabulation Sheet Bid Opening Date: January 15, 2015 2:00 P.M . MST Agparent Low Bidder ITB-14-024 Recreation Center HVAC Replacement Protect ITEM BID: KeCelpt OT Bid Bond Addendums 1 & V•ndor Y I N? 2 Y I N? 500 Y JN? Total Bid ExcDption.=s: American Mechanical Services. LLC 6810 S Tucson Way Cent•nnlal. CO 80112 303-806-7300 Ronald Timmons • VP y y y $ 724,!590.00 Legacy Mechanical. Inc . 145~ S P l att• River Or Denver. CO 80223 720-898-3446 Barry Westerman y y y $ 782.300 .00 Color'31do Mechanic.:.! Systems . Inc . 1690 S Abilene St Unit 107 Aurora . CO 80012 720-535-9789 N.;:nh.an Lavrenz y y y $ !594.800.00 The City chose the lowest acceptable bidder, Colorado Mechanical Systems Inc. The City has not used the services of Colorado Mechanical Systems in the past. Reference checks and research finds their qualifications are acceptable. They have successfully completed similar installation projects for local school districts and governmental entities. Costs associated with the project are as follows: Colorado Mechanical Systems Construction Contingency Total Cost $ 594,800.00 $ 59,480.00 $ 654,280.00 Original funding for the project is budgeted in Conservation Trust Funds Additional funding for this project is contingent on approval of a resolution under 11 c ii on this Council meeting. UST OF ATTACHMENTS Contract for Construction • • • • • CONTRACT FOR CONSTRUCTION # CFC/15-11 CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this __ day of , 20_, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Colorado Mechanical Systems, Inc., whose address is 1690 South Abilene Street Unit 107, Aurora, Colorado 80012, ("Contractor''), commencing on the 17th day of November, 2014, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: Recreation Center HVAC Replacement Project WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows : A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full : Invitation to Bid Contract (this instrument) Insurance Performance Payment Maintenance Bond Technical Specifications and Drawings B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do , perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents . C . Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work by October 30th 2015, plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the Contract Documents and Specifications . D. Indemnification: The city cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this ~le wood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 Fax (303) 783 -6951 www .englewoodgov.org 1 Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's • officers, agents and Employees . E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination , at least thirty (30) days before the effective date of such termination . In that event all finished or unfinished service, reports , material (s) prepared or furnished by the Contractor after the award shall , at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm agreed to perform under this award , less payments of compensation previously made . If the award is terminated due to the fault of the Contract or the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause , the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or stipulations of the award , the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services , at the option of the City , become its property , and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents , prepared completed or materials as furnished . Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such t ime as the exact amount of damages due the City from the Contractor is determined. G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract , and the Contractor agrees to accept as his full and only compensation therefore , such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Ninety Four Thousand Eight Hundred Dollars ($594,800 .00). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. H . Aoorooriation of Funds: At present , $654,280 has been appropriated for the project. • Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X , § 20 of the Colorado Constitution (''TABOR"). The parties do not intend to v iolate 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 w ithin the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary , all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made available in accordance with the rules, regulations , and resolutions of the City and applicable law. Upon the fa ilure to appropriate such funds, this Agreement shall be deemed terminated . The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. 1000 Englewood Pa r kway , Englewood , Colorado 80110 Ph one (303 ) 762 -2412 Fax (303 ) 783 -6951 • www .englewoodgov.org 2 • • I. Liquidated Damages: The City and Contractor recognize that time is of the essence in t his Agreement because of the public interest in health and safety , and that the City will suffer financial loss , and inconven ience, if the Work is not complete within the time specified in the bid documents , plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays , expense and difficulties involved in proving , in a legal proceeding , the actual loss suffered by the City if the Work is not complete on time . Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay , but not as a pena lty, Contractor shall pay the City $100.00 for each day that expires after the time specified for substant ial completion until the Work is complete, and $100.00 for each day that expires after the time specified for final completion until the Work is finally complete . J . Assignment: Contractor shall not , at any time , assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void . Unless specifically stated to the contrary in any written consent to an Assignment , no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents . K. Contract Binding : It is agreed that this Contract shall be binding on and inure to the benefit of the part ies hereto, their heirs, executors , administrators, assigns , and successors . L. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project , and associated incidentals or any portion thereof, shall rest entirely with the Director of Public Works whose decision upon the matter shall be final and obligatory upon the Contracto r. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C .R.S . 8-17.5-101 (3 .3) and 8-17 .5-101 (3 .7) respectively, in order to confirm the employment elig ibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while th is 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) not ify 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 ~ Englewood Parkway, Englewood , Colorado 80110 Phon e (303 ) 762-24 1 2 Fax (303) 783 -6951 www.englewoodgov.org 3 (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during • such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C .R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of this paragraph or provisions required pursuant to C.R.S . 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. IN WITNESS WHEREOF , the parties hereto have executed this Contract the day and year first written above . CITY OF ENGLEWOOD By :---------------Date: _______ _ (Department Direc~r) Q By: _y~)..M..-· _()._µ.cJ_L-___ Date:_\ _9 ..;...._;:F M~r _..;;_IS_ (City Manager) By: _______________ Date:--------- (Mayor) ATTEST : __________ _ City Clerk C.o\crc:wlo Meck;Y\~CA\ 5'1Yh:.V'\s, r"''-· Co actor (print company name) I -T-.r---t----1t:::7""-------Date: "2.. / t 1 /-z..of ~ ~~~------~=-+--B~~=--$;W- STATE OF~uutAoo SS. • 1000 Englewood Pa rkway, Englewood, Colorado 801 1 0 Phone (303) 762-2412 Fax (303) 783-6951 • www.englewoodgov.org 4 COUNTY OF /tfl..!sPMlrE. ) A.-On this / 7.,.,. day of Eesg ~ , 20J5 before me personally appeared Jostt!AAH ~~\~Nee.. , known to me to be the _ __Joe.Ni: of • b:>~o MEC6A;N !CAL ~51"EMS 1 1,tJ(.. , the corporation that executed the within and foregoing instrument, and acknowle ged 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: o q { 2-'i ( t-o\'"" LINDSEY LAVRENZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124062139 MYCOINSSION EXPIRES SEPTEMBER 24, 2016 • 1000 Englewood Parkway , Englewood, Colorado 80110 Phone (303) 762 -2412 Fax (303) 783 -6951 www.englewoodgov.org 5 Bond No. K08961694 Further, every Surety on this bond shall pay to this Owner all costs and attorney fees necessary to enforce the • provisions on the bond provisions contained herein . Unless prohibited by law, an action on the payment and performance provisions of this bond may be brought by the Owner or any person entitled to the benefits of this bond at any time within five years from date of final settlement of the Contract, and under the maintenance provisions of this bond an action may be brought within five (5) years from the time the cause of action arises . Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action . SIGNED AND SEALED THIS 11.,_ day of IN PRESENCE OF: Not Applicable (CORPORA TE SEAL) COUNTERSIGNED: ~ By :~, Resident Agent (Print Name Below) Jessica Rini fc.2-r 11\G!,t° y I 2 0 fi. Coloradc/ Mechanical Systems, Inc. 1690 Abilene St.. Su ite 107, Aurora, CO 80012 By:~ , -p~d..f a e Title I Westchester Fire Insurance Company 436 Walnut Street, P.0 .Box 1000, Philadelphia , PA 19106 Su (Accompany this bond with Attorney-in -fact's authority from the Surety to execute the bond, certified to include the date of the bond.) C , A_ ~! Approved for the City of Englewood : By: ---~-""-==--'lA'---+~~ .... iY_........_ ___ _ City Manager 1000 Eng lewood Parkway, Englewood , Co l orado 80110 Phone (303) 762 -2412 Fax (303) 783-6951 ww w.eng l ewoodgov .o r g 9 • • • • Bond No . K08961694 PERFORMANCE, PAYMENT AND MAINTENANCE BOND Colorado Mechanical KNOW ALL MEN BY THESE PRESENTS That we Systems , Inc. _hereinafter called the Principal , and Westchester Fire Insurance Company hereinafter called the Surety, are jointly and severally held and firmly bound unto THE CITY OF ENGLEWOOD, County of ARAPAHOE, State of COLORADO , hereinafter called the Owner, in the sum of Six Hundred Fifty Four Thousand * ($ 654 ,280.00 ), lawful money of the United States of America, to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors, and assigns , jointly and severally, firmly bound by these presents. WHEREAS , the Principal has, by means of a written agreement dated entered into a Contract with the Owner for the construction of Recreation Center HVAC Replacement Project which Contract is by reference made a part hereof the same as though fully set forth herein; NOW, THEREFORE, the conditions of this obligation are as follows : FIRST, The Principal shall : (1) faithfully perform said Contract on Principal's part and satisfy all claims and demands incurred for the same; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may incur in making good any default. SECOND , To the extent permissible by law, the Principal shall protect, defend , indemn ify and save harmless the Owner, the Architect-Engineer, and their officers , agents, servants and employees, from and against suits, actions, claims , losses , liability or damage of any character, and from and against costs and expenses, including in part attorney fees, incidental to the defense of such suits, actions, cla ims , losses, damages or liab ility on account of injury, disease, sickness , including death, to any person , or damage to property, including in part the loss of use, resulting therefrom , based upon or allegedly based upon any act, omission or occurrence of the Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else under the Principal's direction and control (regardless of whether or not cause in part by a party indemn ified hereunder), and arising out of, occurring in connection with , resulting from, or caused by the performance or failure of performance of any work or services called for by the Contract, or from conditions created by the performance or non -performance of said work or services. THIRD. The Principal shall pay all persons , firms and corporations, all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equ ipment used or rented in the performance of Principal's Contract. Contractor's Guarantee. The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (1) year from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation , and shall keep the same in said work and repair without further compensation for a period of one (1) year from and after completion and acceptance thereof by the City. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of , whose decision upon the matter shall be final and obligatory upon the Contractor. Every Surety on this bond shall be deemed and held , any Contract to the Contrary notwithstanding, to consent without notice: 1. To any extension of time to the Contractor in which to perform the Contract. 2. To any change in the Plans , Drawings, Specifications, Contract or other Contract Documents, when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. • 1000 Eng lewood Pa r kway, Englewood, Colorado 80110 Phon e (303) 762 -2412 Fax (303) 783 -6951 * Two Hundred Eighty Dollars and 00/100 www .englewoodgov .org 8 • Power of ······ Attorney (2) (3) (4 ) THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION . • ,.. ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/16/2015 tiHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~2~~~CT Kacie Holgate Moody Insurance Agency, Inc. r.~~N,t ~-·•· (303) 824-6600 I FAX IAIC Nol: (303) 370-0118 8055 East Tufts Avenue ~~n~~cc.kacie.holgate@moodyins.com Suite 1000 INSURERISl AFFORDING COVERAGE NAIC# Denver co 80237 INSURER A :Continental Western Ins Co 10804 INSURED INSURER B :Pinnacol Assurance 41190 Colorado Mechanical Systems, Inc. INSURERC : 1690 S Abilene St. INSURERD: Units 107 & 108 INSURERE: Aurora co 80012 INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 . INSR TYPE OF INSURANCE ADDL = POLICY EFF POLICY EXP LIMITS LTR ,..,.,., POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r--DAMAl>t TO KtN <OU x COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrencel $ 100,000 -D CLAIMS-M ADE w OCCUR 9/12/2014 9/12/2015 A ICPA304048722 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 I POLICY lx1 ~~,9,: nLOC $ ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1. 000. 000 IEa accidentl $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED -SCHEDULED ICPA304048722 9/12/2014 9/12/2015 BODILY INJURY (Per accident) $ -AUTOS x AUTOS x NON-OWNED iiROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accidentl -f--x Comp Ded: 500 x Coll Ded: 500 $ x UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 5,000,000 - A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I I RETENTION $ CPA304048722 9/12/2014 9/12/2015 $ B WORKERS COMPENSATION 1..-v:.r,~m.¥:.1 10,m- AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.l. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCL UDED? 11.0/1/2014 10/1/2015 (Mandatory In NH) 4158917 E.L. DISEASE -EA EMPLOYEE $ 1 000 000 ~~~~~:'t~~~ 't;'$'6PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 A Installation Floater iCPA304048722 9/12/2014 9/12/2015 Limit: 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarl<s Schedule, If more space Is required) CERTIFICATE HOLDER 13037836951@rcfax .com City of Englewood 1000 Englewood Parkway Englewood, CO 80110 ACORD 25 (2010/05) IN!';O?!'i l7n1nn<1 01 CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kacie Holgate/KACHOL ·~ -/-/~ © 1988-2010 ACORD CORPORATION . All rights reserved. Date: March 2, 2015 Initiated By: COUNCIL COMMUNICATION Agenda Item: 11 a i Subject: Tennis Courts Amendment to Englewood Schools IGA for Shared Services and Joint Activities Staff Source: Department of Parks and Recreation Jerrell Black, Parks and Recreation Director Dave Lee, Open Space Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Vision: To promote and ensure a high quality of life, economic viability, and a uniquely desirable community identity through the delivery of reliable, affordable, and flexible services and by proactively collaborating with our citizens and businesses to develop an environment that fosters safety and opportunity. City Council previously approved Ordinance No. 63, Series of 2013 approving an intergovernmental agreement between the City of Englewood and Arapahoe County School District No. 1 consolidating previous shared service and joint activity intergovernmental agreements between the two parties and modifying agreements concerning Hosanna Field and authorizing applications for grants . • RECOMMENDED ACTION Staff recommends that Council approve a bill for an ordinance updating an intergovernmental agreement to include maintenance and scheduling of the newly constructed tennis courts located at the Englewood Campus, 3800 S. Logan St. BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED Englewood Parks and Recreation currently maintains and schedules activities on the Hosanna Complex athletic fields. Council approved an updated intergovernmental agreement {IGA) in 2013 which terminated many outdated agreements, consolidated other agreements and added a new agreement for the new synthetic turf field. Part of the 2013 IGA terminated the agreement for the old high school tennis courts as they were removed when the new campus was built. When the 2013 IGA was written, the new tennis courts had not yet been constructed. Since that time, the new school campus has been completed, including the new tennis courts. FINANCIAL IMPACT The financial impact of maintaining the tennis courts is minor and has been added into the 2015 Parks Expenditure Budget. Englewood Parks and Englewood Schools agree to split the cost of future court resurfacing, line painting, net replacement and fence windscreen replacement. LIST OF ATTACHMENTS .Bill for an Ordinance • • • ORDINANCE NO. SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO . 5 INTRODUCED BY COUNCIL MEMBER _____ _ A BILL FOR AN ORDINANCE APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 RELATING TO THE MAINTENANCE OF THE TENNIS COURTS AT THE 7-12 CAMPUS WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between the City of Englewood and the Arapahoe County School District No. 1 which consolidated previous shared service and joint activity Intergovernmental Agreements between the two parties; modified agreements concerning Hosanna Field and authorized application for grants by the passage of Ordinance No . 63, Series of 2013; and WHEREAS, in that Intergovernmental Agreement a prior agreement pertaining to tennis and hand ball courts was terminated because the tennis courts have been removed and replaced with an inline hockey rink; and WHEREAS, the Englewood School District has constructed new tennis courts at the 7-12 Campus and the parties wish to clarify their responsibilities as to those new tennis courts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1 . The Intergovernmental Agreement between the City of Englewood and the Arapahoe County School District No. 1 (a.k.a. the Englewood School District), dated November 18, 2013, shall be amended by adding a First Amendment to that Agreement, attached hereto as Exhibit A. Section 2. The Intergovernmental Agreement between the City of Englewood and the Arapahoe County School District No. 1 (a.k.a. Englewood School District) shall be amended by the Addition of a new Section 5, and a new Section 6 to clarify each party's responsibility regarding the tennis courts at the 7-12 Campus. Introduced, read in full, and passed on first reading on the 2nd day of March, 2015 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of March, 2015 . 1 Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of March, 2015 for thirty (30) days. Randy P. Penn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of March, 2015. Loucrishia A. Ellis 2 • • • • • • FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 DATED November 18, 2013 This First Amendment to the Agreement is entered into this __ day of , 20_, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Arapahoe County School District No. 1 (Englewood School District). WHEREAS, the Agreement dated November 18, 2013 was a consolidation and clarification of numerous prior agreements concerning the cooperative relationship between the City of Englewood and Englewood School District; and WHEREAS, the Englewood School District has recently completed construction of a new 7-12 Campus which includes tennis courts; and WHEREAS, the City of Englewood and Englewood School District wish to amend the 2013 Agreement to include cooperative responsibilities for these new tennis courts. THEREFORE the parties agree as follows regarding the 7-12 Campus Tennis Courts Section 1. A new Section 5 shall be added to the Agreement dated November 18, 2013, to read as follows: Section 5. Englewood High School Tennis Courts Maintenance and Scheduling: This agreement between Englewood Schools and the City of Englewood Parks and Recreation Department defines the specific responsibilities between the two parties for maintenance and repairs to the four (4) tennis courts located at the 7-12 Campus. Englewood School District will: 1. Maintain and repair all tennis court related facilities at the Hosanna Athletic Complex. These are items such as: nets, posts, fencing, screening, lighting, and court surfacing (surface paint colors and line striping), etc. 2. Remove snow and debris from the tennis courts and surrounding areas 3. Be responsible for the activities and functions which they schedule on the tennis courts 4 . Perform regular trash removal from the area. The City of Englewood will: 1. Maintain and be responsible for scheduling recreation activities, community activities and events and notifying Englewood Schools of such activities and events . It is further agreed by both parties that the costs of the maintenance described in item number one (1) above, shall be split fifty/fifty (50/50) between the two parties. The Englewood School District shall submit an invoice annually to the City for the City's share of these costs. Section 2. A new Section 6 shall be added to the Agreement dated November 18, 2013, to read as follows: Section 6. Changes to the Maintenance Agreement: Changes to this Intergovernmental Agreement must be agreed upon by both parties and formalized in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATIEST: Loucrishia A. Ellis, City Clerk STATE OF COUNTY OF ) ) SS. ) CITY OF ENGLEWOOD Randy P. Penn, Mayor ARAPAHOE SCHOOL DISTRICT N0.1 / /J :;?;b-· -~ Brian Ewert, Superintendent The foregoing instrument was acknowledged before me this I J 'Mclay of Feb f?IJ I H'!)/ 20 l S' , by Brian Ewert as Superintendent of Arapahoe School District No. 1. My Commission expires: I o:?./1 'i? Qo I(/) SIGNED this /J ~ay of FebJi U t'.\fS.,)l ,20& 2 Notary Public TiiERESA M ROMERO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084042279 MY COMMISSION EXPIRES DECEMBER 18, 2018 ··---------~ ~=======' • • • • COUNCIL COMMUNICATION Date Agenda Item Subject March 2, 2015 11 c i Allen Plant Roof Repair INITIATED BY STAFF SOURCE Utilities Department Tom Brennan, Engineer IV COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their meeting on February 10, 2015, recommended Council approval, by resolution, of the bid for the Allen Water Treatment Plant Roofing Replacement Project to Alpine Roofing Company, Inc., the lowest technically acceptable bidder, in the amount of $481 ,939 .00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The main roof at the Allen Filter Plant is past the projected life expectancy and in need of replacement. The • existing roof system is 35 years old . Upon inspection by Englewood's insurance carrier, it was determined that roofs on the floc/sed, the meter shop and the dewatering building were storm damaged and need to be replaced . The project will involve removing and replacing the roofs, along with new utility supports, on the main Allen Water Treatment Plant, the floc/sed building, meter shop and the dewatering buildings. FINANCIAL IMPACT Requests for Bids were published for the Allen Plant Roof Replacement Project. A bid opening was held on December 18, 2014. The following responses were rece ived : Contract West Roofing, Inc. Alpine Roofing Co., Inc. Arapahoe Roofing & Sheet Metal, Inc. Central States Roofing & Insulating, Inc. Colorado Moisture Control, Inc. Weathersure Systems, Inc. United Materials ACC Roofing, Inc. $458,800.00 $481 ,939.00 $493,01 7.00 $495,064.00 $646,544.00 $657,042.00 $693,759.00 $819,000.00 The project engineer has reviewed and deemed the Alpine Roofing Company, Inc. bid the lowest, • technically acceptable bidder in the amount of $481 ,939 .00. Th is project was budgeted for in 2014 at $800,000., but will be completed in 2015 . The funds are available from the fund balance carried over from 2014. LIST OF ATTACHMENTS Memo from Tom Brennan, Englewood Engineer dated Dec. 30, 2014 Email from Michael Groditski dated Dec. 23, 2014 Bid Tabulation Sheet Contract of Construction Approved Water and Sewer Board Meeting Minutes -February 10, 2015 Resolution • • • • • • c T y 0 F ENGLEWOOD MEMORANDUM TO: Englewood Water & Sewer Board FROM : Tom Brennan, Utilities Engineer DATE: December 30, 2014 RE: Allen Plant Roof Bid I recommend accepting Alpine Roofing bid in the amount of $481,939 as the most advantageous to the best interest of the City . We received a total of eight bids as detailed in the attached bid tabulation sheet. Contract West Roofing was technically the lowest bidder at $458 ,800. Contract West's bid was rejected for the following reasons. They are an out of state company that must secure a local work force to perform the work . Also, their bid is over $100,000 less than the other bids for the actual roofing portion ra isi ng concerns about Contract West installing a quality roof at the listed price. See attached consulting engineer's recommendation for further explanation. Finally, Contract West did one project similar to ours in Colorado. In checking that project the owner stated that Contract West had a difficult time keeping a full crew of local labor resulting in a disorderly job site and project delays . There was also two insurance claims for water damage from leaks incurred during the project. This project was budgeted for in 2014 at $800,000, but will be completed i n 2015. The funds are available from the fund balance carried over from 2014 . 1000 Engle w ood Parkway · Englewood, Colorado 80110 Phone 303-762-2635 Lindsay von Colditz .bject: FW: Allen Plant Roof Bid From: Groditski, Michael [mailto:MGroditski@wje.com] Sent: Monday, December 22, 2014 3:15 PM To: Tom Brennan Subject: RE: Allen Plant Roof Bid Tom, My recommendation is to award the bid to Alpine Roofing Company. Here are my reasons for this recommendation. The three low bidders have a range from $459,000 to $493,000. Yet the breakout of their project costs are as follows: Demolition New roof installation Project Administration Total Bid .ntract West Roofing Alpine Roofing Arapahoe Roofing $43,200 $61,939 $81,126 $310,041 $105,559 $458,800 $391,600 $28,400 $481,939 $387,241 $24 ,650 $493,017 23 % of Contract West's bid is for administration costs. Alpine' s administration cost is 5. 8% and Arapahoe's administration cost is 4.9%. That means that of the bid price, Contract West is only using 76% for the roof installation as compared to 94.2% for Alpine and 95 .1 % for Arapahoe. This does not bode well for the owner. What this appears to be is Contract West skimming a large amount of money off of the bid total which leaves less for a quality roof installation. In terms of dollars spent on the roofing installation, Contract West has bid $353,241, Alpine has bid $453,539 and Arapahoe has bid $468,367 . If Contract West's bid is accepted, they will be spending over $100,000 less on the actual roofing as compared to Alpine Roofing. My opinion is that they cannot install a quality roof at the price they have listed. My understanding of Contract West Roofing is that they act as a broker on projects. They administer the project but hire a roofing subcontract to perform the work, that is why they have such high administration costs. They make their money on the brokering of the deal with the roofer, not the actual installation. I don't believe it is in the City's Best interest to have a contractor installing a new roof system where they are spending $100,000 less than the next two bidders . • I hope this helps, let me know if you have any other questions. 1 Mike Groditski, RRC, RRO Associate Principal mgroditski(@wje.com WJE Wiss, Janney, Elstner Associates, Inc. Engineers I Architects I Material Scientists 3609 South Wadsworth Bouelevard, Suite 400 Lakewood, Colorado 8023 5 P: 303-914-4300 F: 303-914-3000 http://www .wje .com 20 offices nationwide * * *******CONFIDENTIALITY NOTICE********* The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient, or an authorized representative of the intended recipient, you are hereby notified that any printing, saving, reviewing, disseminating, or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. 2 • • • ·'. City of Englewood Bid Tabulation Sheet Bid Opening Date: December 18, 2014 2:00 P.M. MST .. ,.. : ,Apparent :tc>w .:'Bidder<:'·:" >:y, ITEM BID: ITB-14-025 Allen Water Treatment Plant Roofing Replacement Vendor Reciept of Bid Bond I soa I Addendum Y/N Y/N 1 Y/N Existing Roofing Demolition New BUR Roof System Installation t-'fUJt:l,;l Mobilization, Admin, Permits Total Bid Exceptions co-niraEtwest:Roofing ;:1nc/: · .· = 69l41S i3000'East:STE'202F ·• .;:. · > .:~. '.: . satt'Lak:e :city; UT '8412'1: , · ··· ·• <, ' DeamUiamilton -President< , ·· ·.· < ·•···. · 801~943~2421:::<.\:,. :: ,, ; v \:i}i' ;'<;y ,;,;) /i){dY:fr<~~:s \$(\'.4 3 ;200 ~00 ~ ·;:$=:310 ;041 ~00}: }$:~'.1os :ssg:off; i $A5s;soo;oo None '\/'~)'·.;; Alpine Roofing Co., Inc. 4780 York St Denver, CO 80216 Robin Ticky -President 303-295-7769 y y y $ 61,939.00 I $ 391,600.00 I $ 28,400 .00 I $ 481,939.00 I None Colorado Moisture Control, Inc. 4950 E 56th Ave Commerce City, CO 80022 Richard Cohen, President 303-447-9400 y y y $ 77,500.00 I $ 534,044.00 I $ 35,ooo.oo I $ 646,544 .oo 1None Arapahoe Roofing & Sheet Metal , Inc. 1501 S Arthur Ave Louisville, co 80027 Bob Bellitt -President 303-466-7386 y y y $ 81,126.oo I $ 387,241.00 I $ 24,650.00 I $ 493,011.00 1None ACC Roofing, Inc. 1713 E Lincoln Ave #B-3 Fort Collins, CO 80524 Jonah Lovendahl -Owner 970-493-2801 y y y $ 109,730.00 I $ 609,770.00 I $ 99,500.00 I $ 819,000.00 I None United Materials 5135 York St • • • • • • Denver, CO 80216 Beth Gloss -Owner 303-623-4166 y y y $ 87,300.25 $ 537,083.75 $ 69,375.00 $ 693,759.00 None Weathersure Systems, Inc. 3333 S Platte River Dr Sheridan, CO 80110 Phil Owens -President 303-917-7327 y y y $ 71,250.00 $ 498,600.00 $ 87,192.00 $ 657,042.00 None Central States Roofing & Insulating, Inc. 5925 Omaha Blvd Colorado Springs, CO 80915 William Hauschildt -Vice President 719-570-1774 y y y $ 33,541.00 $ 399, 176.00 $ 62,347.00 $ 495,064.00 None ,, • CONTRACT FOR CONSTRUCTION #CFC/15-7 CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 2nd day of March , 20_12, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City'', and Alpine Roofing Co., Inc., whose address is 4780 York St., Denver, CO , ("Contractor"), commencing on the day of Dec. 18 _, 20_l4 and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: ALLEN WATER TREATMENT PLANT ROOFING REPLACEMENT WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Ut il it i es to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to • perform all of said work in accordance with said advertisement and his proposal. • NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full: Invitation to Bid Contract (this instrument) Insurance Performance Payment Maintenance Bond Technical Specifications Drawings sheets __ _ B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents . C . Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Ut i 1 it i es and agrees to fully complete said work by • 9-30-15 , plus such extension or extensions of time as may be granted by the Director of Utilities in accordance with the provisions of the Contract Documents and Specifications. D. Indemnification: The city cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination ~ In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein , the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm agreed to perform under this award, less payments of compensation previously made. If the award is terminated due to the fault • of the Contractor the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the C ity, become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. · G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Four Hundred Eighty One Thousand Nine Hundred and Thirty Nine ($481,939.00 ). A 5% • retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. • • • H. Appropriation of Funds: At present, $ 800, 000, 00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (''TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing avaflability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. I. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not complete on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $0.00 for each day that expires after the time specified for substantial completion until the Work is complete, and $0.00 for each day that expires after the time specified for final completion until the Work is finally complete. J. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. K. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. L. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of Utilities whose decision upon the matter shall be final and obligatory upon the • Contractor. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3 .7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; • and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due· to Contractor's breach of any section of this paragraph or provisions required pursuant to C. R .S. 8-17 .5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. • • • • CITY OF ENGLEWOOD By: Date: (De partment Director) By: Date: (Cit y Manager) By: Date: (Mayor) City Clerk Alp ine Roofing Co., Inc. Contractor (print company name) By: ~/~1 1 Q, ~tq . Oate: __ 2_/3_/1_5 __ _ (Signature) p 1 0 Robin J. Tichy, President (Print name and Title) STATE OF Colorado SS. COUNTY OF Denver On this 3rd day of February , 20_1,Sbefore me personally appeared_ Robfo J. Tichy , known to me to be the President of Aluine Roofing Co., Inc. , 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: --=l'-'-/-=2=-5.._/2=0::...:l:;...:7 __ PAUUNEl.!1. NWAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934000048 MY COMMISS!ON EXPIRES 01/25/2017 : • • • Present: Absent: Also present: WATER & SEWER BOARD MINUTES FEBRUARY 10 , 2015 Wiggins, Penn, Lay, Gillit, Oakley, Habenicht, Waggoner, Moore, Burns . Olson None Stewart Fonda, Director of Utilities Tom Brennan, Utilities Engineer IV John Bock, Manager of Administration The meeting was called to order at 5:00 p.m . ~ 1. MINUTES OF THE JANUARY 13, 2014 MEETING. The Board received the minutes of the January 13 , 2015 Water & Sewer Board meeting . Motion: Moved : Abstain: To approve the Minutes of the January 13, 2015 Water & Sewer Board meeting as written . Penn Seconded : Habenicht Olson Motion carried . g 2 . ALLEN PLANT ROOF REPAIR BID. The main roof at the Allen Filter Plant is past the projected life expectancy and in need of replacement. The existing roof system is 35 years old. Upon inspection by Englewood's insurance carrier, it was determined that roofs on the floc/sed building, meter shop and the dewatering building were storm damaged and needed to be replaced. Eight bids were received. The project engineer has reviewed the bids and deemed Alpine Roofing Inc. The lowest, technically acceptable bidder in the amount of $481,939 .00. Motion: Moved: To recommend Council approval , by motion, to accept the bid from Alpine Roofing, Inc . for the Allen Plant Roof Repair project in the amount of $481,939 .00 . Waggoner Seconded: Oakley Motion canied. ~ 3. WATER METER & ERT PURCHASE. The Utilities Department purchases water meters needed to for an entire year by requesting one large bid proposal for additional cost savings . The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading System. A portion of the meters will be resold to Englewood customers for new installations as pait of the flat-rate-to-meter conversion process. Some of the meter stock will be used to replace inactive or poorly functioning meters. Englewood 's meter order is being placed in conjunction with Denver Water Board's Contract with National Meter for the best quantity price. Meters and ERTs will be purchased from National Meter & Automation for the amount of $84,254 .36, of this approximately $20,000 will be resold to Englewood customers for flat-rate-to-meter conversions . Motion: Moved: Motion carried. Recommend Council approval, by motion, for the purchase of water meters and ERTs from National Meter and Automation, Inc. in the amount of $84,254 .36. Burns Seconded: Waggoner • • • • • • HJ 4. COWEEN DICKERSON -2835 S. PENNSYLVANIA ST. -BILL REDUCTION. The Board received correspondence from Coween Dickerson of 2835 S . Pennsylvania St. regarding her request to reduce her water and sewer bill. Mr. Back's responses were also included. The property's meter readings were steady and then spiked and came back down. Utilities Technicians investigated and found no evidence of leaks. The meter register was also replaced . The old register was tested by a State approved test tank and found to be accurate. As a courtesy, Mr. Bock made a one-time adjustment. Ms . Dickerson has continued to protest her bill, requiring extensive staff time. Motion: Direct staff to not deal with Ms . Dickerson any further on these issues and to inform her that she must direct further correspondence from her to the Water and Sewer Board. Moved: Gillit Motion carried . ~ ~ 5. USGS GAUGING STATION. Seconded: Habenict The U .S . Geological Survey, Urban Drainage and the City of Englewood contribute to the cost of maintaining the flow gauge at Union Avenue and the water quality monitor at the Littleton/Englewood Wastewater treatment Plant. This information is used to make calls for water releases from Chatfield to maintain levels at the Union A venue Reservoir . and determine state water quality permit requirements. This contract will be presented to City Council through the Wastewater Treatment Plant administrative staff. The meeting adjourned at 5 : 14 p.m. The next Water and Sewer board meeting will be March 10 , 2015 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary • • • RESOLUTION NO . SERIES OF 2015 A RESOLUTION AUTHORIZING A CONTRACT FOR THE ALLEN WATER TREATMENT PLANT ROOF REPLACEMENT PROJECT UNDER SECTION 116 (b) OF THE HOME RULE CHARTER. WHEREAS, the main roof at the Allen Water Treatment Plant is past the projected life expectancy and in need of replacement; and WHEREAS, upon inspection by Englewood's insurance carrier, it was determined that the roofs on the floc/sed, the meter shop and the dewatering building were storm damaged and need to be replaced; and WHEREAS, the project will involve removing and replacing the roofs, along with new utility supports, on the main Allen Water Treatment Plant, the floc/sed building, meter shop and the dewatering buildings; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Allen Water Treatment Plant Roofing Replacement Project to Alpine Roofing Company, Inc. at the February 10, 2015 meeting; WHEREAS, a bid opening was held on December 18, 2014 the Allen Water Treatment Plant Roof Replacement Project; and WHEREAS, staff recommends accepting Alpine Roofing bid in the amount of $481,939 as the most advantageous to the best interest of the City; and WHEREAS, the City received a total of eight bids as detailed in the attached bid tabulation sheet; and WHEREAS, Contract West's bid was rejected for the following reasons: • They are an out of state company that must secure a local work force to perform the work. • Concerns about Contract West installing a quality roof at the listed price. • Consulting engineer's recommendation. • Contract West has a difficult time keeping a full crew of local labor resulting in a disorderly job site delays on previous Colorado project; and WHEREAS, the Englewood City Council approved the 2014 Budget which this project but completed in 2015; and WHEREAS, under Section 116 (b) of the Englewood Home Rule Charter Council shall have final approval of the lowest and best bid or all bids must be rejected. When no satisfactory bids are received or for other reasons deemed expedient to Council, contracts for public works or improvements may be negotiated, provided that contracts for which no competitive bids have been requested shall be invalid unless accepted by resolution which shall declare the reason for exception to the competitive bidding requirement. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes a Contract for a new roof for the Allen Water Treatment Plant Roof Replacement Project, as allowed by Section 116 (b) of the Englewood Home Rule Charter. ADOPTED AND APPROVED this 2nd day of March, 2015. ATTEST: Randy P. Penn, 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 2015. Loucrishia A. Ellis, City Clerk 2 • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 2, 2015 11 c ii Resolution for a transfer of funds from the General Fund to the Public Improvement Fund for the Dartmouth Bridge Project {$1.5 million) and the Recreation Center HVAC {$326,000) Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed the need to repair/replace the Dartmouth Bridge and the replacement of the Recreartion Center's roof and HVAC systems at the February 2, 2015 Study Session . Council requested staff prepare a resolution to move funds from the General Fund to the Public Improvement Fund {PIF) to fund these projects. RECOMMENDED ACTION Staff recommends City Council approve the attached transfer from the General Fund to the Public Improvement Fund for the Dartmouth Bridge and the Recreation Center HVAC as follows: • SOURCES AND USES OF FUNDS: • GENERAL FUND: SOURCE OF FUNDS: Unassigned Fund Balance USE OF FUNDS: Transfer Out to the Public Improvement Fund PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS: Transfer In from the General Fund USE OF FUNDS: Recreation Center HV AC Repair /Replacement Dartmount Bridge Repair /Replacement Total Uses of Funds $1 ,826,000 $1 ,826,000 $1,826,000 $326,000 $1.500,000 $1 ,826,000 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council discussed and determined the Dartmouth Bridge and Recreation Center HVAC projects are critical and need to be funded. The Recreation Center HVAC project will be started and complted prior to the summer of 2015. The Dartmouth Bridge Project most likely will not be started until 2016 but is a critical project that requires current funding to obtain grant funds. FINANCIAL IMPACT The Unassigned Fund Balance in the General Fund will be reduced $1 ,826,000 but due to better than ex pected financial results in 2013 and 2014 the General Fund has enough reserves to fund these critical investments. LIST OF ATTACHMENTS Proposed Resolution • • • • • • RESOLUTION NO . SERIES OF 2015 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT FUND FOR THE DARTMOUTH BRIDGE PROJECT AND THE RECREATION CENTER HV AC. WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, the 2015 Budget was submitted and approved by the Englewood City Council on November 3, 2014; and WHEREAS, the Englewood City Council at the February 2, 2015 Study Session discussed the need to repair/replace the Dartmouth Bridge and the Recreation Center's roof and HV AC systems; and WHEREAS, the Englewood City Council directed staff to transfer $1,826,00 from the General Fund to the Public Improvement Fund; and WHEREAS, transfer of Appropriations requires Council Resolution per City Charter §92; and WHEREAS, $326,000 would be used to repair/replace the Recreation Center HV AC System in 2015; and WHEREAS, $1 ,500 ,000 would be used to repair/replace the Dartmouth Bridge; and WHEREAS , although Dartmouth Bridge project repair/replace most likely will not start until 2016, it is a critical project that requires current funding to obtain Grant Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the General Fund of the City of Englewood, Colorado, is hereby amended for the year 2015, as follows : GENERAL FUND: SOURCE OF FUNDS: Unassigned Fund Balance $1,826,000 USE OF FUNDS: Transfer Out to the Public Improvement Fund $1,826,000 PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS Transfer In from the General Fund $1,826 ,000 1 USE OF FUNDS Recreation Center HV AC Repair/Replacement Dartmouth Bridge Repair/Replacement Total Uses of Funds $326,000 $1,500,000 $1,826,000 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2015 Budget for the City of Englewood. ADOPTED AND APPROVED this 2°d day of March, 2015. ATTEST: Randy P. Penn, 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 2015 Loucrishia A. Ellis, City Clerk 2 • • • City of Englewood, Colorado: Priority Based Budgeting Implementation Plan Project Timeline Already Completed PBB "Orientation" to Board On-site: 1-2 hours -Conducted Monday, February 23rd CPBB Role and Workload: CPBB provides an orientation to the process for elected officials, describing the process, discussing outcomes in the organizations who have implemented the process, and having discussion with elected officials to answer their questions and ensure there's a comfort level. City of Englewood Role and Workload: CPBB will help City staff understand the technology needs in order to set up an effective webinar. Typically CPBB conducts a call with an IT staff member to describe the webinar needs. Any staff preparation to help ensure the presentation is on the Council agenda is effective. The Following Steps to Be Completed in April (extending into May, if necessary) Results Identification/ Validation Workshop On-site: 1-2 hours CPBB Role and Workload: CPBB works with the organization's elected officials and/or staff to identify, or to validate "Results" that the organization has already established. Results establish the foundation for Priority Based Budgeting. City of Englewood Role and Workload: The City's elected officials will be asked to participate in this exercise. No more than 1-2 hours is required of elected officials to participate in this exercise. City staff may be asked to print the exercise (if administered "live"), or email the exercise (if administered "electronically"). /~ Results Definition Workshop On-site: 4-6 hours CPBB Role and Workload: CPBB facilitates a workshop with staff (usually department heads and key staff, up to around 30 participants is best) to begin to identify all the ways the organization "achieves" each of the stated Results. CPBB leads the workshop, addressing each Result, one-by-one, soliciting feedback from the participants which form the basis for the creation of Results Definitions. City of Englewood Role and Workload: Department heads, and key city staff who participate in the Results Definition Workshop should anticipate spending 4-6 hours of their time, on a single day, to complete this exercise. City staff may be relied upon to help provide paper and markers, and to reserve an appropriate room for the workshop to be effectively facilitated. Program Inventory Training "Workshop" On-site: 1-1.5 hours CPBB Role and Workload: While on-site, CPBB provides a training to staff, teaching departments how to identify "programs" at a level most effective for PBB. Following this training session, departments are provided a "Program Inventory Template," as well as examples from other organizations that will aid departments in completing the exercise. City of Englewood Role and Workload: City staff will be relied upon to help set up the presentation logistics (audio and visual), and to distribute the Program Inventory Template (to each department), presentation slides and the recorded webinar. Departments Develop Program Inventories Departments Given: 2-3 Weeks CPBB Role and Workload: CPBB provides individualized support to the departments as they work on their program inventories. Often times, departments may request a conference call with CPBB, or exchange email with CPBB to help address specific questions. City of Englewood Role and Workload: Each department will be responsible for completing their Program Inventory Template and submitting this to CPBB. Departments are given 2-3 weeks to complete this task, even though the workload anticipated is between 8-24 hours (departments are given extra time, in order to fit this effort in among their normal job duties). The Following Steps to Be Completed in May (extending into June, if necessary) Program Inventory Consultation with Departments Ongoing support: on-site or via webinar CPBB Role and Workload: While on-site, CPBB will meet individually with departments who still have questions about their program inventories. City of Englewood Role and Workload: For departments who wish to schedule one- on-one time with CPBB staff, while "on site," department heads (and their key staff) should allow for 15-30 minutes of time to meet. CPBB recommends that departments schedule time in advance, to make it most efficient for each department wishing to meet. Finalize Program Inventories Emails/ Conference Calls Between CPBB and Departments: 1 week CPBB Role and Workload: CPBB will review the finalized program inventories submitted by the departments, provide feedback and guidance to help the departments understand where the programs they've identified are either "too large" or "too small" and then advise the departments on any last changes that would be advised in order to finalize their program inventories. City of Englewood Role and Workload: City staff (from the budget office) will be the primary point of contact for departments as they turn in their completed Program Inventories. Typically the City provides a quick "quality control" to ensure that each department has submitted their inventory, and that no information is missing, coordinating this with CPBB. Develop "Draft" Result Maps CPBB Given: 2-3 Weeks CPBB Role and Workload: CPBB will take all of the input generated during the Result Definition Validation Workshop, and create "Draft" Result Maps for each of the City's Results . City of Englewood Role and Workload: City staff will receive the "draft" Result Maps from CPBB, and have the chance to review this information (providing any initial feedback to CPBB) before the Result Maps are validated. Typically, staff can review this information within a few hours. Finalize Result Maps (Various Approaches: 1 hour) CPBB Role and Workload: Based on direction from the City, CPBB will either help the City "validate" the Result Maps with City Council, or solicit feedback from elected officials and/or City staff in order to refine and revise the Result Maps. CPBB will provide a summary of all feedback received, in order that each contributor to the Result Definition process can see their input has been captured and incorporated. City of Englewood Role and Workload: Depending on the approach the City takes, validating the Result Maps should not take longer than 1 hour of time. If elected officials are involved, this process may be conducted "live" in a meeting, or "electronically" -in either case, City staff will be relied upon to distribute the exercise and collect the responses. Program Costing Workshop Webinar: 45 mins -1 hour CPBB Role and Workload: CPBB will provide a Program Costing training session to staff who will be responsible for filling in the data into CPBB's Program Costing Template. CPBB will provide customized Program Costing templates for each of the City's departments (or divisions), as well as a recorded version of the webinar the City can refer to. City of Englewood Role and Workload: City staff will be relied upon to help set up the webinar logistics (audio and visual), and to distribute the Program Costing Template (to each department), presentation slides and the recorded webinar. Those who participate in this webinar should allow for 45 minutes to 1 hour for the training. Departments Develop Program Costs Departments Given: 3-6 Weeks CPBB Role and Workload: CPBB will be available during to assist staff during the process of developing program costs. Typically, departments will email CPBB with questions, or schedule conference calls with CPBB in order to strategize about the Program Costing template, and the easiest way to fill it out. City of Englewood Role and Workload: Those who are involved in the task of completing Program Costing are given anywhere from 3 to 6 weeks to complete this task. Typically staff from the budget office are involved in the task of developing "fully loaded personnel costs" while the departments are responsible for allocating staff to programs. This effort does not have to be completed until after Peer Review. The Following Steps to Be Completed in June (extending in July, if necessary) Program Scoring Workshop Webinar: 1-1.5 hours CPBB Role and Workload: CPBB will provide a Program Scoring training session to those participating in scoring, instructing departments how to assign appropriate scores. CPBB will provide customized "Program Scorecards" for each department, including the department's program inventory, and the appropriate scoring criteria. CPBB will also provide the recorded webinar. City of Englewood Role and Workload: City staff will be relied upon to help set up the webinar logistics (audio and visual), and to distribute the Program Scorecard Template (to each department), presentation slides and the recorded webinar. Those who participate in this webinar should allow for 1-1.5 hours for the training. Departments Participate in Program Scoring Process Departments Given: 2-3 Weeks CPBB Role and Workload: As departments engage in the process of scoring their programs, CPBB provides coaching and guidance along the way, helping the departments with questions about how to assign their scores. Typically, departments email CPBB or schedule conference calls to strategize about the most appropriate way to assign scores. City of Englewood Role and Workload: Departments are given 2-3 weeks to complete their Program Scorecards, and they are encouraged to involve staff leadership at all levels in this process. While they are given several weeks, the actual workload anticipated should be anywhere from 16-32 hours total time, depending on how involved they choose to make their own staff. The Following Steps to Be Completed in July (extending in August, if necessary) Peer Review Workshop Webinar: 1-1.5 hours CPBB Role and Workload: CPBB will provide a Peer Review training session for those who are participating on Peer Review teams. CPBB will help the City identify who the most effective Peer Review team members could be, and then train each team as to how to evaluate scores from other departments (this will include: how to ask departments for more info, and how to complete the Peer Review template). City of Englewood Role and Workload: City staff will be relied upon to help set up the webinar logistics (audio and visual), and to distribute the Program Review Template (to each department), presentation slides and the recorded webinar. Those who participate in this webinar should allow for 1-1.5 hours for the training. Peer Review Teams Participate in Peer Review Process Departments Given: 2-3 Weeks CPBB Role and Workload: As Peer Review team members complete the Peer Review process, CPBB is available to each team to help them through the process of evaluating the scores of other departments. Typically, CPBB exchanges in email correspondence and phone calls to assist the work of the Peer Review teams. City of Englewood Role and Workload: For those staff participating in Peer Review, they will learn how to structure their time around a recommended 3-5 meeting process, where each meeting should last about 1-2 hours (and no meeting lasting longer than 3 hours). Therefore, at most, participants should plan on 15 hours of meeting time devoted to Peer Review (and at least about 6-9 hours). City Finalizes Peer Review and Program Costs City Given: 1 Week CPBB Role and Workload: When each Peer Review team has submitted their recommended scores (including scoring changes), and as each department has completed their Program Scoring templates, CPBB collects the information from the City and ensures that all information is complete (and/or follows up with the City if any information is missing). City of Englewood Role and Workload: City staff will be relied on to collect the information from the Peer Review teams and provide a cursory quality control of the information to make sure it's complete, and then send it to CPBB. Determine Final Program Scores, Quartile Rankings CPBB Given: 1-2 Weeks CPBB Role and Workload: CPBB applies it's scoring methodology to calculate final program scores for each of the City's programs, and performs an analysis on each of the programs to determine final "Quartile Rankings." CPBB will begin the process of loading this information into the City's final Resource Alignment Diagnostic Tool (the final deliverable of implementation). City of Englewood Role and Workload: City staff will have minimal involvement here. CPBB may reach out to staff to ask questions where data is missing or in question. Issue "Peer Review Exception Report" to the City CPBB Given: 1-2 Weeks CPBB Role and Workload: CPBB will not only evaluate programs on the basis of the Peer Review recommended scores, but also on the scores that Departments provided in their self-assessment. Comparing these scores, CPBB will develop a report that identifies where the impact of Peer Review resulted in a different "Quartile Ranking" for any program, compared to the department score. City of Englewood Role and Workload: City staff will receive the "Peer Review Exception Report" and be given the opportunity to follow up with both the departments and Peer Review teams to review programs that changed quartiles. Typically this process is conducted within a 1 week time period, giving departments an opportunity to explain their scores, and giving Peer Review the same opportunity. Create PBB Model: Resource Alignment Diagnostic Tool CPBB Given: 1-2 Weeks CPBB Role and Workload: CPBB will create a customized Resource Alignment Diagnostic Tool for the City, that will include each of the City's programs, program costs, quartile ranking, and scoring criteria. This dynamic model is explained in greater detail in the scope of services. City of Englewood Role and Workload: City staff will have minimal involvement here. CPBB may reach out to staff to ask questions where data is missing or in question. Provide Model "Preview" to City Team CPBB Given: 1-2 Weeks CPBB Role and Workload: As soon as the Resource Alignment Diagnostic Tool is completed, CPBB will provide a presentation to City staff in order to demonstrate the results of the City's work, as well as the functionality of the Tool, before presenting it to Council. Typically this gives the City staff first opportunity to review the data and ensure it's appropriate for presenting the information further. City of Englewood Role and Workload: City staff will be asked to reflect on the presentation of the initial Resource Alignment Diagnostic Tool, and provide feedback to CPBB where any data is in question or in need of revision, prior to presenting the Tool further. Present Final Model to Staff and/or Elected Officials On-Site or Webinar: 1-2 hours CPBB Role and Workload: There are various options open to the City in terms of presenting the final Resource Alignment Diagnostic Tool to elected officials. CPBB can provide an on-site (or webinar) presentation to elected officials to coach them as to their role in effectively using the Tool, and helping portray the power and use of the information that has been created through the implementation process. City of Englewood Role and Workload: City staff will be asked to strategize with CPBB as to how best to present the City's Resource Alignment Diagnostic Tool to elected officials and/ or a larger staff audience. City staff will also receive training on the use of the Tool, and how to incorporate the information into the City's budget process.