HomeMy WebLinkAbout2015-04-06 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4 . Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, April 6, 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 March 16, 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. James Jordan, President of the Rocky Mountain Railroad Heritage Foundation will be
present to discuss fee waivers for use of Hampden Hall and the Community Room or use of
the Malley Center for a Symposium on May 2, 2015.
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.
Please note: If you have a disability a11d need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours inadvance of when services are needed.
Englewood City Council Agenda
April 6, 2015
Page 2
8. Communications, Proclamations, and Appointments.
a. A proclamation declaring April 1 7, 2015 as Arbor Day.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill No. 8 -Recommendation from the Parks and Recreation Department to
adopt a bill for an ordinance approving an agreement with Broken T Partners, LLC to
operate the Broken Tee Golf Course Indoor Training Center and golf lessons for all
patrons. Staff Source: Jerrell Black, Director of Parks and Recreation and Bob Spada,
Golf Operations Manager.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Recommendation from the Finance and Administrative Services Department to approve
a resolution authorizing the appropriation of funds to hire an events coordinator for the
2015 Fourth of July Family Festival and Fireworks. Staff Source: Frank Gryglewicz,
Director of Finance and Administrative Services.
ii. Recommendation from the Littleton /Englewood Wastewater Treatment Plan Supervisory
Committee to approve, by motion, a support agreement for Instrumentation and
Controls equipment that control and monitor plant processes and collect data. Staff
recommends awarding the contract to Am West Controls in the amount of $48,000.
Staff Sources: Stewart H. Fonda, Director of Utilities and Cindy Goodburn, L/E WWTP
Business Services Manager.
iii. Recommendation from the Littleton /Englewood Wastewater Treatment Plan Supervisory
Comm ittee to approve, by motion, a support agreement for routine, non-routine and
emergency programming services to support the SCADA system Human Machine
Interface software the controls, monitors plan processes and collects data. Staff
recommends awarding the contract to Am West Controls in the amount of $48,000.
Staff Sources: Stewart H. Fonda, Director of Utilities and Cindy Goodburn, L/E WWTP
Business Services Manager.
iv. Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, an extension of a professional services
agreement with Brown and Caldwell for engineering and environmental services in an
amount not to exceed $40,000. Staff Sources: Stewart H. Fonda Director of Utilities
and Chong Woo, Engineering and Maintenance Manager.
10. Public Hearing Items . (None Scheduled)
Please note : If you have a d isability 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
April 6, 2015
Page 3
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 9 -Recommendation from the City Clerk's Office and Election
Commission to adopt a bill for an ordinance amending the Englewood Municipal Code
relating to reapportionment of the City Council Districts within the City of Englewood.
Staff Sources: Frank Gryglewicz, Director of Finance and Administrative Services and
Loucrishia A. Ellis, City Clerk.
ii. Council Bill No. 10 -Recommendation from the Parks and Recreation Department to
adopt a bill for an ordinance authorizing an Intergovernmental Agreement with South
Suburban Parks and Recreation District for an easement agreement at the #5 Big Dry
Creek Trailhead. Staff Sources: Jerrell Black, Director of Parks and Recreation and
Dave Lee, Open Space Manager.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Recommendation from the Finance and Administrative Services Department to approve,
a resolution authorizing the purchase of physical storage for information technology
infrastructure. Staff further recommends awarding the contract to Peak Industries in the
amount of $99,896.00. Staff Source: Frank Gryglewicz, Director of Finance and
Administrative Services.
ii. Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, an Information Technology Network
Infrastructure Upgrade Project for the replacement of network switches and related
software and maintenance support. Staff recommends awarding the contract to 24/7
Networks in the amount of $204,000 shared between the Cities of Littleton and
Englewood. Staff Sources: Frank Gryglewicz, Director of Finance and Administrative
Services and Kenny Hollis, Information Technology Manager.
iii. Recommendation from the Public Works Department to approve, by motion, the
purchase of a Sanitary Sewer Flusher Truck. Staff recommends awarding the bid to the
lowest acceptable bidder, Faris Machinery Company, in the amount of $182,650.00.
Staff Source: Pat White, Fleet Manager.
iv. Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, a construction contract for the Gate
Replacement Project located at the Littleton/Englewood Wastewater Treatment Plant.
Staff recommends awarding the contract to the lowest reliable and responsive bidder,
RN Civil Constructors Inc., for a total cost of $279, 139.50. Staff Sources: Stewart H.
Fonda Director of Utilities and Chong Woo, Engineering and Maintenance Manager.
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 Agenda
April 6, 2015
Page 4
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
i. Continued from the March 16, 2015 City Council meeting: Discussion of Motion to
approve waiving the fees for use of Hampden Hall and the Community Room by
Rocky Mountain Railroad on May 2, 2015.
13. City Manager's Report.
14. City Attorney's Report.
1 5 . 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 .
February 2015 31\ockp :J)llountaiu 31\ailroab :Jlileritane $ocietp Volume 2015, Issue 2
Water Towers -the Life Blood of Steam Locomotive Operations
During the very early days of steam locomotives , large quantities of water were needed to create the steam that powered the
running gear. Water stops were necessary every seven to ten miles, spaced along the track to meet the demand for water , which
in turn was determined by the grade (light or heavy), as well as the location of available water .
Towns sprang up along railroad routes to provide the water and fuel (wood , coal). The introduction of tenders, containing both
water and fuel, enabled trains to run 100 to 150 miles without a refill , leaving behind many railroad ghost towns . Large , trackside
filling stations were located where convenient, such as at a crossing of a stream or in a town/city where a train would stop to pick
up freight and passengers. This was the origin of the term "tank town." Water sources included natural springs, uphill lakes or
rivers, small creeks which had been dammed , or a nearby well. To accumulate the water, water tanks , water towers , or tank
ponds were constructed. The water was initially pumped by windmills , watermills, or by hand pumps, often by the train crew
themselves . Later, small steam and gasoline engines were used . Elevated storage tanks gravity-fed water to the locomotive
tender via a large spout and used an automatic refill mechanism for refilling the tanks. Many water towers had sandstone
foundations; suitable timbers were used where sandstone was not readily available .
~
Pagosa Junction in operational times
Pagosa Junction in 2007
The D&RG pumphouse can be seen at
left; the water tower at the far right ,
collapsed in on itself. Mike Walker photo
A water tank along the Cumbres and Toltec
Scenic Railroad in Chama , New Mexico , on
April 26, 2006
Except as noted, all photos below are taken from various websites not requiring publication permission
Frisco Wooden Water Tower, Beaumont, KS
Built in 1885 for Frisco Railroad steam
engines, the water tower provided water for
the railroad roundhouse and cattle shipping
operation . The last known wooden water
tower to service steam engines holds 25,000
gal. of water; it is the oldest wooden water
tower still operating in America. The tower is
listed on both the Kansas State and National
Historic Registers as a Historic Site.
A Denver & Rio Grande Western freight
making an early morning run from Alamosa
to Chama charges through the loop at Lava
Tank as the sun peeks over the hills to the
east. (2012)
Water tower along the Durango and
Silverton route up Animas Canyon
Replica water tower (and pumphouse) at the
Colorado Railroad Museum in Golden , CO .
The "No Agua Water Stop" replicates a water
stop on D&RG's Chili Line to Santa Fe, NM,
located near a settlement called No Agua.
Note : The D&RG tank at South Fork is still
standing just a stone 's throw from Highway 160!
2 -February 2015
:11\ocl1 p :lfElountain :11\ailroab J!)eritage ~orietp
PO Bo x 969 , Englewood CO 80151-0969
303-269-9768
BOARD OF DIRECTORS
President -Jim Jorda n
Vice Presi dent -Bret Johnson
Secretary -Tom Van Wormer
Treasurer -Jennifer Jordan
Director Special Events -James Craig
Di rector Membership -Doug Cohn (Eng lewood Historic Pres Soc)
Director -Pam Sheeler (Loveland His to rica l Society)
Director -Michelle Kem pema (CO MR Museum/Greeley Frt Sin)
Director -Penny McPherson (Kit Carson Histori ca l Society)
Historian -Gary Goodson
Director -Robert Schoppe (DSP&P Historic al Society)
Director -Howard Noble (Pikes Peak Historical Street Rwy Fdn )
Director -Rick Sauers (Western Museum of Mining and Industry)
Director -Susan Edge (Georgetown Loop RR )
Histori an -Norm Metcalf
Director -Jan Moore , Special Even ts Plann ing
Director -Kathleen Tomlin (Pioneer Histori cal Soc of Bent County)
Liaison -Jennifer Orrigo Charles (Colorado Preservation , Inc.)
Liaison -John Olson (Historic Denver)
ASSOCIATION and BUSINESS MEMBERS
Access Printing
Bret Johnson Architecture
Ca boose Hobbies
Colorado Model Railroad Museum at the Greeley Freight Station
Den ver South Park and Pacific Historical Society
Georgetown Loop Ra ilroad
Georgetown Trust for Conservation and Preservation , In c.
Hugo , CO , Roundhouse Preservation , In c.
Kit Carson Historical Society
Mill Creek Valley His tori cal Society
Moffat Road Ra ilroad Museum/Grand County Model Railroad Club
Museum of Northwest Colorado
Pa lm er Lake Historical Society
Pioneer Historical Society of Bent County
· Railroad Memories
Western Museum of Mining & Industry
RIRR water tower foundation stones used for holding
plaque dedicated to the "Great Rock Island Route" at
Pikes Peak Historical Street Railway Museum
Mike Walker photo
Newsletter Volunteer Staff
Ed itor : S igi Walker
Photographer : Mike Walker
Note : All submissions may be edited for content , grammar, an d
space allocation , and become the property of the Rocky Mountain
Railroad Heritage Society unless other arrangements have been
made . Digital text submissions in .doc or .docx; photos in jpg ,
please . Submit articles and photos to mi kensigi@comcast.net.
:1R ork 1> fflonntain ll\ailroab J!)eritane ~oriet p
publishes this newsletter at
PO Box 969
Englewood CO 80151-0969
303-269-9768
rockvmountainrailroad@.vahoo .com
RMRHS has appl ied for Federal 501 (c)(3) status .
Mark your Calendar!
TCA Rocky Mtn Train Show : Mar 7 & 8
RMRHS Symposium: Apr 25 (Sat)
TECO Train Show: Apr 25 & 26
Contributors to this edition :
Jim Jordan Bill Howes
Mike and Sigi Walker
Thanks to all who "reviewed and commented'"
l\ocl;p :liE!onnt ai n :11\a ilroab J!)rritage ~orietp Rocky Mountain Express
PRESIDENT'S LETTER TO THE MEMBERSHIP:
On February 4th , 5th and 6th , I attended the Colorado Preservation Inc . Forum at the Denver
Convention Center. This is the Super Bowl or World Series of preservation and restoration,
and this was deemed one of their better meetings . All in all it was a great three days. There
were 300+ attendees from all over the United States. Representatives included Associate
Member Kathleen Tomlinson from the Pioneer Society of Bent County (Las Animas); Associate
Member Dick Woods from the Georgetown Trust for Conservation and Preservation , Inc.; our
own Bret Johnson representing an architectural non-profit group ; and I represented Kit Carson
and Craig . Note: Scholarships are available for those who represent endangered buildings .
I had a chance to speak with representatives from History Colorado and from CPI , and I think
that I made some headway in presenting our case that some depots must be moved or they'll
be destroyed . CPI at least was in agreement that if there is a choice of saving or demolishing
a depot , it is better to save it. Now all we have to do is get the Secretary of the Interior to
change the statues about moving historical structures, or issue a variance to the rules .
Possibly History Colorado will eventually come to the same conclusion as CPI.
There were many great forums and presentations, and I came away with some ideas that we
can incorporate into our Society . In discussing some of these ideas with James Craig, both he
and I feel that a number of them can be utilized in our upcoming Symposium in April.
With much appreciation , Jim Jordan
William F . Howes, Jr., retired CSX executive and rail historian, wrote the follo wing email on Jan. 28, 2015,
in response to the many recent snowstorms pummeling the East Coast of the US :
As I listened to the Weather Channel this morning ... it was exactly 48 years ago -January
26-27 , 1967 -that I was snowbound aboard a train during a record-breaking blizzard in
Chicago , northwest Indiana and western Michigan that dropped 23 inches of snow in 29 hours .
C&O Train #7 , the overnight Mail & Express to Chicago left Grand Rapids as scheduled shortly
before midnight EST on the 26th . Normally , the single coach in the consist was lightly
patronized on this nocturnal run due in Chicago at 4:15 AM CST. But the deteriorating
weather had shut down airports in the region, and C&O #7 was filled to near capacity . The
storm was raging and the train was already an hour late when it made a special stop about
3:00 AM EST in New Buffalo , Michigan , to pick me up . We made reasonably good progress
until reaching the Rock Island trackage used by C&O and B&O through South Chicago .
Drifting snow , frozen switches and signal outages forced C&O #7 to a halt. As night turned to
morning, prospects for moving the train anytime soon looked dim . Hunger set in among the
increasingly anxious passengers. Fortunately , B&O Train #9 , the Washington-Chicago
Express , running way behind its early morning scheduled arrival in Chicago , pulled up close
behind C&O #7 . It was a welcome sight. For while there was no food service on the C&O
M&E train, B&O #9 had a well-stocked food-bar coach . Arrangements were made for the food
and beverages to be shared . In addition, as the storm eased , one family living near the tracks
cooked chickens for the stranded passengers . By early afternoon a path had been cleared for
the two trains, and they made their way to B&O's Grand Central Station . For the weary folks
aboard C&O 7 , arrival was ten hours late . My intention had been to take that evening's Capitol
Limited back home to Baltimore . Although its departure was delayed , I finally settled into a
comfortably warm roomette, and B&O #6 -with fully-stocked bar car and diner -struggled
eastward through deep snow in the Midwest and snowy Alleghenies more than six hours late .
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or provide the information requested on a plain sheet of paper and mail with payment.
Rocky Mountain Railroad Heritage Society
PO Box 969, Englewood CO 80151-0969
2015 Membership
Individual $25 Business $100
I _Family $40
_Museum/Historical Society $40
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_ Corporate $500
Patron/Lifetime $1000
Name I ~~~~~~~~~~~~~
Street Address ________________________ _
1 City ________________ State ___ Zip _______ _
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I Date :
Please check one: __ New membership OR __ Renewing membership
Please enclose check (no cash) made payable to:
Rocky Mountain Railroad Heritage Society (RMRHS)
Venue :
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Rocky Mountain Expres s ll\ork p l'Flountain ll\a ilroab ~e rit a g:e ~oriet p February 2015 -3
This column profiles three historical societies working to preserve
historic Colorado railroad structures . RMRHS applauds their efforts!
Future columns will profile other historical groups and museums .
Denver South Park & Pacific Historical Society
The Denver , South Park & Pacific Historical Society was established
to promote the preservation of the history and artifacts of all the
predecessor lines that became the narrow gauge portion of the
Colorado & Southern Railway . The Society , now numbering 245
members and counting , encourages artifact and equipment
acquisitions , as well as dissemination of knowledge about these
railroads and their effect on the history of Colorado and the nation.
The society began holding annual conventions in 1999 ; conventions
have been based in Bailey , Buena Vista , Denver , Fairplay ,
Frisco/Breckenridge , Gunnison , Idaho Springs , and Leadville . The
2015 convention is scheduled for August 21 -23 .
The DSP&PHS is one of the most active in railroad-related projects ,
the most important of which to date is the restoration of the Como
Depot. Other projects to which the society has contributed are the
restoration of Denver , Leadville & Gunnison locomotive no . 191 at the
Colorado Railroad Museum ; Alpine Tunnel Historic Association
projects ; preservation of work cars at St. Elmo , CO , and restoration of
the Buena Vista (CO) Depot.
Kit Carson Historical Society
Preservation of the rare and endangered Kansas Pacific Engine
House and Well House is of primary importance to the 40-member Kit
Carson Historical Society -and to the town of Kit Carson as well.
Known as the "Kit Carson pumphouse ," it is perhaps the last extant
structure of the Kansas Pacific Railway in Colorado and the remaining
in-situ component of what was once a fairly large railroad complex .
The Union Pacific railroad donated the pumphouse to the society but
retained ownership of the land.
The society has experience with preserving and repurposing other
historic railroad structures . The Kit Carson Museum was built by the
UP as a "combination" railroad depot in 1904 ; it opened as a museum
in 1971 displaying artifacts representing the heritage of the Colorado
prairie . About 20 volunteers help keep the museum open in the
summer . The museum complex includes a UP signal maintainer's
house and a UP caboose.
Mill Creek Valley Historical Society
Established in 1981 in a small community of 200 people by a few
dedicated residents of Dumont, the society's original project was to
obtain and preserve the 1909 one-room Dumont Schoolhouse . It is
now restored to its former glory and is often used by other community
groups.
The next project was relocating the Coburn Cabin (originally in
Lawson) to the schoolyard , placing it on a permanent foundation , and
finally restoring it in accordance with its former use , work that is now
ongoing .
In 1989 , the society was given the 1858 Mill City House in Dumont.
Work is in progress to restore the building , once used as a roadhouse
in the 1800s . Othe r historic sites under the guardianship of the Mill
Creek Valley Historical Society are the Dumont Cemetery and the Mill
Creek Arastra site.
To raise funds for their many activities , the society holds an annual
Melodrama each October and schedules numerous other events such
as high teas , auctions of baked goods , and yard sales.
To find out more about the above groups, go to : www.dspphs.org :
www.ourjournev.info/mvjournevdestinations!kitcarsonmuseum .asp ;
and http://mcvhs.org. Your support would be most appreciated.
LAS ANI M AS
Brighton Great Western Rwy scale and freight house: The land
on which this building sits will soon have a new owner . The RMRHS
may be given the building , along with some rail and switch stands.
Calhan Depot: The Historic Structure Assessment draft is nearly
complete and should be submitted to the State Historical Fund fo r
review by the end of the month . The town of Calhan plans to apply
for a grant from the State Historical Fund to replace the roof.
Castle Rock Santa Fe Depot: The building has been boarded up to
protect it from further deterioration . It may be moved in the future .
Como Depot: Don't forget to mark your calendar for August 22 ,
2015, the grand opening and dedication of the depot to be held in
conjunction with the 20th annual Boreas Pass Railroad Days.
Craig Depot: Union Pacific RR correspondence indicates they will
hold off on demolition of the depot for another 12 to 18 months .
Dumont Depot: The Purchase Agreement for the depot building (not
land) has been signed . The RMRHS now needs to raise $10,000 ,
after which the building will be donated to the Mill Creek Valley
Historical Society and moved .
Hugo Union Pacific Roundhouse: The restoration of doors and
windows is in progress . Future interior plans include a large dining
hall , kitchen , visitor's center , and museum . Bay eight will be restored
to resemble the original engine facility .
Kit Carson (CO) Pumphouse: Building donated to Kit Carson
Historical Society but land is owned by the UPRR. Grant request
from the state for an evaluation in progress. Need funding to move
the building.
Las Animas Depot: Clean-up of the property by volunteers has
been ongoing. Bent County and Las Animas have made numerous
offers to purchase the building and the land .
Loveland Great Western Rwy Depot: OmniTrax has put the
contract on hold although Granby and Dave Naples have signed it.
Midland Depot at Divide: Grant applications are in progress to fund
the next phase of the restoration. The building has been raised and
leveled, and a permanent foundation is in place . The annual Midland
Days symposium is scheduled for May 16, 2015 .
Trinchere Freight House (now a museum): No update to report .
The posters shown above are available from the RMRHS for $20.00. All proceeds will be used to further the activities of the RMRHS.
4 -February 2015
Train Treks with Mike and Sigi Walker:
Mid-Continent Railway Museum
North Freedom, Wisconsin
MCRM -A Tribute to Branch Lines
Mid-Continent Railway Museum (MCRM) is
true to its mission to preserve and operate
an authentic small-town Upper Midwest
branch line railroad during the Golden Age of
Railroading , 1880-1916. It was a time when
railroads were the largest employer in the
nation .
Fifty-two years ago , the Railway Historical
Society of Milwaukee , along with several
pieces of railroad equipment it owned and
operated in Hillsboro , Wisconsin , became
the Mid-Continent Railway Historical Society .
The new society purchased an abandoned
4-m ile branch of the Chicago & Northwestern
Railway in North Freedom , Wisconsin ; on
May 26 , 1963 , it began offering steam train
rides behind the former C&NW #1385 .
Train rides begin at the 1894 C&NW depot
originally located three miles west in
Ablemans , Wisconsin . In 1965 the building
was retired , donated to t he MCRM , and
moved to its current location . It's a classic
example of vintage rural railroading : a place
for the community to gather , for riders to wait
for the next train , to share gossip with the
station agent , to send a telegram , or to warm
up by the coal stove in the waiting room .
Rural railroads often employed flagmen to
stop road traffic when trains approached . A
reminder of those
times is the
Crossing Shanty ,
which provided
flagmen a place
to rest between
[_'..,:;: trains and a place
. ..., to keep warm in
winter. MCRM's
is located at Walnut Street.
More sophisticated cross ing protection
1 evolved , mostly in
larger communities and
in industrial areas ,
which replaced the
flagman . Crossing
Towers would drop an
arm or gate across the
road , activated
manually by an
employee. MCRM's
crossing tower was last
used in Neenah , Wisconsin , by the
Wisconsin Central ; it was donated to the
museum and moved on property in 1991.
:1R ocl1p :ffi onnt ai n :IRa ilro all jli,J rrit agr $or ir tp
Water towers dotted tracksides during the
steam era , their location dependent on a
nearby water source. MCRM's water tower
is typi cal of an early 20th century wooden
tower. Originally constructed by the
Milwaukee Road and used at Oconomowoc ,
Wisconsin , it was moved to North Freedom
in 1972 . The museum's tower support
structure , however , is a steel frame rather
than wood base , built from scratch by
museum volunteers .
The museum 's Section Shed , built and used
until 1982 by the Milwaukee Road at Fond
du Lac , Wis , provides a glimpse into the life
of section crews a century ago when track
maintenance was done with manual labor .
Sections were only several miles in length .
The "section" foreman and five or six men
maintained the right of way , replaced rails ,
ties , and fences , tamped and aligned the
track , cut weeds , and removed snow .
Examples of a section crew's tools and
equipment are on exhibit , along with photos
of section crews at work .
MCRM's Coach Shed serves as the center of
the museum 's display of restored railroad
cars , artifacts , and historical displays , which
can be viewed from elevated walkways . In
addition to the Coach Shed area and Depot
Rocky Mountain Ex press
Display area , there are two othe r equipment
display areas : the Tra in Shed area and the
Engine Servicing Facility (p ictured below).
The museum's iconic steam locomotive ,
C&NW #1385 , is currently undergoing a total
rebuild , following a June 2008 flood .
The museum Freighthouse , a replica built in
1972 , resembles a typical shortline
freighthouse at the turn of the 20th century .
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In 1900 , railroads carried freight in virtually
any quantity , from small parcels and milk
cans to heavy equipment. Freighthouses ,
often located on a side track , were built to
receive shipments and hold them for pickup
or for outbound loading onto a freight car.
Freighthouses could be found at small and
large terminals alike.
Pictured above is MCRM's Locomotive #7 , an Alco
S-1 built in 1944 and designed as a switch engine .
The S-1 was the first switcher Alco built with a
lower carbody hood to give crews improved vision
toward the front. It was donated to the museum in
1996 by the American Association of Railroads .
The coaches are Delaware , Lackawanna &
Western steel passenger cars bu ilt by the Pullman
Company between 1914 and 1917 .
Mid -Continent also has a "Colorado connec-
tion" -MCRM website's Colorado & Southern
Rolling Stock is a catalog of the passenger
cars of the narrow gauge portion of the C&S
from just after the Civil War up to WW II.
This "Train Treks" column draws from our
visits , information excerpted from various
MCRM publications , and the museum's
excellent website: www.midcontinent.org.
Rocby Mountain Railroad Heritage Society
Dedicated to Preserving of our Historic Legacy
•
Box969
glewood, CO 80151
303-269-9768
grafspee40 @yahoo.com
March 18t\ 2015
The Honorable Randy Penn
Mayor of the City of Englewood
1000 Englewood Parkway
City Manager's Office
City Hall
Englewood, Colorado
Dear Mayor Penn;
• My deep apologies for not speaking before the City Council this past Monday
night, I had every intention of doing so, and would have, if I hadn't been in
extreme pain from the neuropathy which I am suffering from.
•
In any case, as I have been asked to provide additional information, so that the
council can study my request, I am submitting the following information to you. If
you would be kind enough to see that it is delivered to the right parties, I would
appreciate it greatly.
First, as I do not think that the council has the slightest idea of what the Rocky
Mountain Railroad Heritage Society is, I shall endeavor to explain. We are a group
of individuals and associations/societies that wish to see the history of railroading
in the Rocky Mountain States saved and preserved. We have over 500 members
(ours and the different associations we are partners with, ours alone has over 150)
that reside in the states of Colorado, Wyoming, Kansas, Wisconsin, Montana,
Washington State, Nebraska, and Montana. We come from all walks of life,
Doctors, artists, railroad enthusiasts, retirees, farmers, politicians, wine growers,
and many , many other persons from many different walks of life .
1
6a
We are currently trying to save 12 depots and one railroad pump house in
Colorado. In addition we have acquired a very historical train engine, which will •
be restored by December of 2016, and donated to a museum or non-profit society
in Southwestern Colorado after restoration.
As you can see I have provided a copy of our Mission Statement that states what
our mission goals are. In addition I have also enclosed a copy of our 501 status, a
copy of our last couple of newsletters, and tentative agenda for the Symposium.
If at all possible we would like to request that we be allowed to occupy and use
both the Hampden Hall and Community Room on the day of May2nd. This would
be for our annual Symposium. It should bring at least 100 persons to Englewood,
and a goodly portion of them come from outside the metro area. We are hoping for
150 persons but are using the figure of a 100 to facilitate projecting the income that
would come from such a gathering.
We are desirous of putting on an art exhibit, by artists who paint and photograph
trains. (We have borrowed the idea from the Cheyenne Depot, which holds a
railroad artists exhibit and train show, each May and draws an average of 20,000
persons over a two day period. That is 20,000 persons who spend money in
Cheyenne). In addition we will be holding a forum presentation in Hampden Hall •
that will discuss the endangered railroad structures we are trying to save.
Plus there will be talks given on the unique history of railroading in Colorado.
Our key note speaker shall be Jennifer Orrigo Charles, who is the project Manager
for Endangered Places, with Colorado Preservation, Inc.,
Plus there will be many other persons, including the deputy Director for the
Cheyenne Depot, which was restored at a cost of $12,000,000.00, and has since
paid for itself by the number of visitors that have toured the museum and spent
money in the gift store. The main group of persons who attend will be buying
lunch, purchasing gas and spending money in Englewood, as. they come from all
over Colorado, New Mexico, Wyoming and some of the other surrounding states.
These figures were from last year's Symposium here in Englewood.
The itinerary is as follows: Registration at 0800 Hours
First Talk will be given starting at 0830 hours
Lunch Break at 1200 Hours
Afternoon Secession will begin at 1300 Hours
Symposium ends at 1730 Hours
2 •
•
•
•
There will be a $15.00 Admission fee for the Symposium and no fee for the art
exhibit. Members of the Society will be admitted at half price.
In addition there will be a silent auction, and many different prizes given out
during the day. The Grand prize will be Amtrak Tickets to the Wine Festival in
Grand Junction in August, plus hotel accommodations and meals included.
As we expect 10 to 20 artists to be showing their art work, that is why we need to
access either the Community Hall or the Malley Center. The Malley Center feels
that they would like us to hold the event at that location, as it would show case the
Malley Center via the media.
We have requested that KCNC Channel 4 be a sponsor as they were one last year
and the ties between Colorado Preservation, Inc. are strong. We will be showing
the "Most Endangered Places" video of the railroad station portion of the film
during two of our speakers' presentations.
We have requested the following organizations/companies in Englewood to be
sponsors.
The Englewood Chamber of Commerce
Cafe 180
The Outdoorsman' s Attic
Access Printing
Farris Survival
Nixon's Coffee
King Soopers
We feel that this can only help Englewood by holding the Symposium here.
This is the only event we hold in the same place each year. Our Board of Directors
meetings are held in a different location each quarter, our "Annual Membership
Meeting" is likewise held in a different location in Colorado.
I hope that this answers any and all questions about our organization, and the
request for space for our Symposium. Please feel free to call me if you have any
questions prior to the City Council Meeting on April 6th .
3
Saturday & Sunday -April 12 & 13, 2014 -from 9am-3pm
Daily Admission $20 or $25 for both days •
Hampden Hall -1000 Englewood Parkway -Englewood, CO 80110
RMRHS -PO Box 969 -Englewood, CO 80151 -303-269-9768 or 303-840 -2150 for more information
•
•
•
Memorandum
City Manager's Office
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penn and Members of City Council
Eric A. Keck, City Manager
Lindsay von Colditz, Executive Assistant
April 2, 2015
Estimated In-Kind Costs -Rocky Mtn. Railroad Heritage Foundation
At the December 15, 2014 Regular meeting City Council approved a resolution authorizing an in-
kind donation to the Rocky Mountain Railroad Heritage Foundation in the amount of $675.
The president of the foundation, James Jordan, recently requested the use of the Community Room
in addition to the use of Hampden Hall. The allocation of $675 covers the cost of Hampden Hall for
the tentative event scheduled on Saturday, May 2, 2015.
An estimate of 11.5 hours to accommodate set up and take down for this event in the Community
Room would require an additional estimated waiver of a $2,400 rental fee. At this time the
Community Room is available for rent. Mr. Jordan had asked for use of the atrium for an exhibit
during this event. This is not possible as the Museum of Outdoor Arts has an exhibit on display on
the proposed date.
In the letter dated March 18, 2015 Mr . Jordan proposed use of the Malley Senior Center as an
alternative to Hampden Hall and the Community Room. After conferring with Malley Center staff
the facility is available for use on the proposed date at $65 per hour at the resident, non-profit rate.
Using the set-up and take down time in addition to the event itself, the estimated fee waiver would
be $750. The 2015 in-kind donation could be applied to the use of the Malley Center.
This matter was discussed at the March 16, 2015 Council meeting. I hope this information helps to
clarify costs for this event.
PUBLIC COMMENT ROSTER
NAME
J1J M Gmsf-f t_ A
<f57041:0£dv~
April 6, 2015
ADDRESS C TOPIC
I lrtPAt!F o,: i:I!J S fRdrhA:L-tJV tlJGt./iJolqJ
P;/fE:JZ~
Tom Grushka
(720) 984-6367
tom@grushka.com •
•
•
2
Lou Ellis
To:
Cc:
Subject:
Attachments:
Leigh Ann Hoffhines on behalf of Council
Monday, April 06, 2015 7:14 AM
#City Council
Lou Ellis
FW : Presentation Re: Impact of RTD's Proposal on Englewood
Englewood Presentation.pdf
FYI -Please see email below . Mr. Grushka will attend tonight's City Council meeting to discuss RTD's fare change
proposal. It is too late to add him to the agenda as a scheduled speaker, but perhaps he can speak first as an
unscheduled speaker .
I am copying City Clerk Ellis on this email so she can add him to the sign-up sheet.
Thanks, Leigh Ann
Leigh Ann Hoffhines
Englewood City Manager's Office
From: Tom Grushka [mailto:tom@grushka.com]
Sent: Monday, April 06, 2015 5:50 AM
To: Council
Cc: Eric Keck
.bject: Presentation Re: Impact of RTD's Proposal on Englewood
Dear Mayor Penn, Mayor Pro Tern Olson, and Council Members Gillit, Jefferson, Caslin, Wilson, and Yates;
I am a legally blind Englewood public transit user. You might remember me from my run for the RTD Board in
2012.
I met City Manager Keck on Saturday and expressed interest in speaking to you on how R TD's proposal would
impact Englewood at your April 6 meeting, and he said he would add me to your agenda for a 5 minute
presentation.
I am concerned about RTD's drastic fare change proposal, specifically how it wi!l:
• impact Englewood's transit users, with the greatest negative impact on seniors, the disabled and low
wage workers;
• impact Englewood's transportation costs; and
• impact Englewood's influence on RTD's decisions.
I offer the attached slides for your information, and look forward to sharing these concerns with you this
evening.
Sincerely, •
1
• • •
How RTD's Pro~osed Fare Changes
Would Impact:
• Englewood's Transit Users
• Englewood's Transportation Costs
• Englewood's Influence on RTD's Decisions
Tom Grushka
Legally blind user of public transit in Englewood
and Former (2012) RTD Board Candidate
(720) 984-6367 • tom@grushka.com
• • •
RTD's Fare vs. Inflation Since 2002
3-4x CPI Increase
$2 .70 ~------------------------------------------
~Fare based on CPI
tlllljjjjm Actual Fare
$2 .50 L o
s2.3o 2010,2011: I
29% fare increase
$2 .10 -+-------------------------~---------------
$1 .90 L o VV
January 2009-2012:
si.10 • .,., "· .,., $-21:-M-+n--s-e-rv+ce cu t s-
$1.50 +------------~;--... 1---------------------------
suo I ~ ¢ e ,, ~1 .38 s1.40 s1.42 s1.45 $1.43
~.-g $1.23 $1.32 $1.31 $1 .33
$1.10
*f.11.ti ~l :H 2004 2006 2oos 2010 2012 2014 2016
•
$6.00
$5 .00
$4.00
$3.00
$2.00
$1.00
$0.00
• •
RTD's Proposed Fares: $2.60, no transfers
$5.20 Paratransit (Highest in the U.S.)
-----·-----
·~O O~ <;:.~ O~ 1-.e ~e'> ~e'> (,· ee ~e ~'? ~ ~ 'l>'? ~+ O~ ~e ,$-'> ·~ c,O ~ ~'? ~ ~ ~O ~'l> ~'l>'? e,'-~e ~o~ '>~ 'fi?''>c; 0~ .~o ~ ~ ~-'l>~ 1-.0'l> ft.~ -~c.,71 o'>~ .::llo 0e ef' ~"o "o ~~ ~(}'> ~71 'l>~o <6'~ _,-J....o ~71 .Qf '>:§. i::;. e71 "?'~ ~o <o <o-t;.~ "?'~ "?'~ ~o~ ·:::.~ '>oe ~ <S e U 'l>" ~'<' ~ c.,71 c.,'--~'l>~ ~.._71 ~~ ~~? ~e..... ~o °"' '> ~ Y c.,'l>~ "o" "o" .,s-¢0 ~ "71 ~o~ ~<10 -v ~~ ~ ~~ c., ~
§' ~'-" . ~¢0 ol-71 c.,71 ~'l> ~
11111 Regular Fare -Paratransit Fare
• •
Timeline on RTD's Fare Proposal
July-August 2014
March 23, 2015
April 8, 2015
End of April, 2015
January 2016
RTD Fare Study began
Public hearings on current CONCRETE
PROPOSAL began (14 held so far)
Public hearings end (2 remaining)
Likely RTD Board vote on proposed
changes
New fares would take effect if proposal
approved
•
• • •
How RTD's Proposed Fare Changes
Would Impact Englewood's
TRANSIT USERS
Greatest negative impact would be on seniors, the
disabled and low wage workers.
• Would increase fare by 15% and delete transfers
• Would be 32% increase for monthly pass
• $5.20 a way with no discount would devastate
low-income and senior Access-a-Ride users
• Would require exact change
-Users would have to carry nickels & dimes
-Would slow down transactions at boarding
-Riders without exact change would lose difference
• • • How RTD's Proposed Fare Changes
Would Impact Englewood's
TRANSPORTATION COSTS
• There would be less economic incentive to use
public transit.
• Long term decreased transit use would result in:
-Increased traffic and congestion in Englewood
-Increased wear and tear on Englewood's roads and
bridges
-Increased demand for parking spaces in Englewood
-Further RTD cuts to public transit in Englewood
• Could put Art Shuttle in jeopardy
• Street costs fall on cities, not RTD.
• •
How Unilateral Action b~ RTD
Would Impact Englewood1 s Influence
on RTD's Decisions
•
• Short Term: Unilateral Action by RTD would not
allow Englewood to inform its citizens and
gather Englewood impacts to input to RTD.
• Long Term: Englewood is a long term investor in
RTD. Unilateral Action by RTD would impact
Englewood's partnership with RTD and long
term input into RTD's decisions.
• Taking unilateral action would also harm RTD
itself in the long term.
• • •
Positive Solutions for Englewood!
Englewood Could:
• Take no action.
-RTD would then likely approve the proposal as is.
-Missed opportunity to increase Englewood's
input into RTD.
• Urge RTD to vote No & send back to staff.
-Benefit: Would gain the most time and flexibility
for input and modifications.
• Urge RTD to vote to Table the decision.
-Caveat: Board interventions on staff
recommendations have been rare at RTD.
• • •
References
Evaluating Public Transit Benefits and Costs, Best Practices Guidebook, 27 February 2015,
Todd Litman, Victoria Transport Policy Institute, http://www.vtpi.org/tranben.pdf
RTD Fare Study, Phase 1, http://rtd-denver.com/fare-study.shtml
RTD Fare Study, Phase 3, http://rtd-denver.com/fare-recommendation.shtml
Access Across America: Transit 2014, University of Minnesota, Top 10 Transit Agencies
Ranked by Accessibility to Jobs by Transit
http://www.access.umn.edu/research/america/transit2014/index.html
List of U.S. Metropolitan Statistical Areas,
http://en.wikipedia.org/wiki/List of Metropolitan Statistical Areas
List of U.S. Local Bus Agencies By Ridership,
http://en.wikipedia.org/wiki/List of United States local bus agencies by ridership
•
•
PROCLAMATION
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than
a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the United States and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide
habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products; and
WHEREAS, trees in the City of Englewood increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and
WHEREAS, the City of Englewood, Colorado has been recognized for 30 consecutive years
as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-
planting ways; and
WHEREAS, the State of Colorado will celebrate Arbor Day on April 17th, 2015;
NOW THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado, hereby
recognize
ARBOR DAY
in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to care
for our trees and woodlands and to support our City's efforts to protect our trees and woodlands.
Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the
well being of present and future generations.
GIVEN under my hand and seal this 6th day of April, 2015.
-i:J ~-r: ~y P. Penn, Mayor
Ba
• COUNCIL COMMUNICATION
Date Agenda Item Subject
April 6, 2015 9 a i Broken Tee Golf Course Indoor Training
Center
Initiated By Staff Source
Department of Parks and Recreation Bob Spada, Golf Operations Manager
Jerrell Black, Director of Parks and Recreation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
2008 Approval of Learning Center contract -McGetrick Golf Academy
2010 Approval of Learning Center contract -Broken T Partners LLC
Staff discussed the proposed agreement with Broken T Partners LLC for operation of the Broken Tee Golf
Course Indoor Training Center and golf lessons at the March 16, 201 5 Study Session.
RECOMMENDED ACTION
Staff recommends that City Council adopt a bill for an ordinance approving an agreement with Broken T
Partners LLC to operate the Broken Tee Golf Course Indoor Training Center and golf lessons for all patrons .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Broken Tee Golf Course indoor training center was part of the clubhouse expansion in 1995. Six
hitting bays with two computer swing analyzers were put in place.
In December of 2007, McGetrick Golf Academy (MGA) and Ortega Golf both expressed an interest in
offering lesson programs through the indoor teaching facility. Each group submitted a proposal and met
with staff on numerous occasions. Interviews were conducted and MGA was selected. MGA was selected
for the following reasons: higher revenue stream from lease payment, free instruction to our Hole-N-One
junior golf program and discounted lessons to all Englewood residents .
McGetrick Golf Academy terminated their contract with the City effective November 30, 2009. Steve
Buretz and Kevin Hollern, investors with MGA, approached staff and proposed a new agreement that
included many of the same benefits plus new program ideas . These benefits include discounted lessons to
Englewood residents, emphasis on junior golf, improvements to the facility which includes a golf simulator
which allows for indoor play and lessons, and seeking and providing sponsorships for the Hole-N-One
program . These partners changed the name to The Metagolf Golf Academy and doing business as Broken
T Partners LLC. Steve Buretz is no longer involved; however, Kevin Hollern is handling all business
operations.
The current lease payment is $17,500 plus utilities of $7,200 for a total of $24,700 annually. The lease
payment will be $20,000 in the new contract and no utility fee. The financial reduction is $4,700. Though
this is a reduction in revenue, staff believes that Broken T Partners, LLC brings great value and is a strong
• asset to the golf course and the golfing public.
FiNANCIAL IMPACT
The term of the agreement is for a one (1) year lease with one (1) year renewal options with the agreement
by both parties. Broken Tee Golf Course will receive $20,000 annually. Broken T Partners LLC, will no
longer pay for utility usage . This reduces the total revenue received by $4,700.
LIST OF ATTACHMENTS
Bill for an Ordinance
•
•
•
•
•
•
ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND BROKEN T PARTNERS LLC FOR OPERATING THE BROKEN TEE
GOLF COURSE INDOOR TRAINING CENTER.
WHEREAS, the Englewood Golf Course indoor training center was part of the clubhouse
expansion in 1995, consisting of 6 hitting bays with two computer swing analyzers; and
WHEREAS, in 2007 McGetrick Golf Academy was selected to offer lessons, programs
through the indoor teaching facility and discounted lessons to all Englewood residents; and
WHEREAS, the City Council of the City of Englewood approved the McGetrick Golf
Academy Learning Center contract by the passage of Ordinance No. 28, Series of 2008; and
WHEREAS, the City Council of the City of Englewood approved the Broken Tee Golf
Learning Center contract by the passage of Ordinance No. 9, Series of 2010; and
WHEREAS, McGetrick Golf Academy decided to terminate their contract effective
November, 2009; and
WHEREAS, Steve Buretz and Kevin Hollem, investors with McGetrick Golf Academy
approached the City with a new agreement which included many of the same benefits that were
in place plus new program ideas; and
WHEREAS, these benefits include discounted lessons to Englewood residents, emphasis on
junior golf, improvements to the facility including a golf simulator which allows for indoor play
and lessons and providing sponsorships for the Hole-N-One program; and
WHEREAS, the passage of this Ordinance will approve the Agreement to lease and manage the
Training Center located at the Broken Tee Englewood; and
WHEREAS, the current lease payment is $17 ,500 plus utilities of $7 ,200 for a total of $24, 700
annually . The lease payment will be $20,000 in the new contract and no utility fee. The financial
reduction is $4,700. Though this is a reduction in revenue, staff believes that Broken T Partners,
LLC brings great value and is a strong asset to the golf course and the golfing public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes and approves
the Agreement for the lease and management of the Training Center located at the Broken Tee •
Englewood between the City and Broken T Partners LLC , attached hereto as Attachment 1.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Agreement
for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 6th day of April, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
April, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
April, 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 a Bill for an Ordinance, introduced, read in full , and passed on
first reading on the 6th day of April, 2015.
Loucrishia A. Ellis
•
•
• AGREEMENf
TlllS AGREEMENT, hereinafter called "Lease", made and entered into this __ day of __
--------' 20 __ , by and between the CITY OF ENGLEWOOD, a Colorado
municipal corporation, hereinafter referred to as "City", and BROKEN T PARTNERS LLC,
hereinafter referred to as "Trainer";
WITNESSETH:
WHEREAS, the City owns certain real property which is known as the Broken Tee
Englewood Municipal Golf Course Clubhouse And Training Center, hereinafter called "Training
Center", and located in the City of Sheridan; and
WHEREAS, City and Trainer previously entered into a lease in February 2010; and
WHEREAS, City and Trainer desire to enter into another lease for the management of the
Training Center located at the Broken Tee Englewood Municipal Golf Course;
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter appearing
and of the payment of the monies hereinafter set forth, the parties hereto agree as follows:
Section 1. STATEMENT OF INTENT.
The purpose of this Lease is to provide video golf training, instruction, club fitting and
club sales. The Trainer will not have exclusive right to all club sales.
• Section2. GRANT.
•
The City hereby agrees to allow the Trainer to use the area described in "Exhibit A" of the
Englewood Clubhouse Training Center plus use of the driving range including use of range
balls at no cost and practice areas for instruction and other related activities. There will be
space on the driving range and practicing area designated for the Trainer. The Trainer will
be using an agreed upon area for their lessons/programs; however, it is generally
understood th1;lt the Trainer will use the western most located spaces on the range.
Section 3. DEFINITION OF PREMISES .
The "Leased Premises" as referred to herein is defined to be the Golf Clubhouse Training
Center, which is owned by the City of Englewood, Colorado. See Exhibit "A", and portion
of range as referred to in Section 2.
Section 4. TERM OF AGREEMENT.
The City hereby grants to Trainer the right to hold the Leased Premises pursuant to the
terms ofthis Lease for a one (1) year Lease with three (4) one (1) year renewals with the
agreement of both parties. If the Trainer intends to renew the contract they must inform
the Director of Parks and Recreation ninety (90) days prior to termination of the Lease.
The City shall inform Trainer of its decision through the Director of Parks and Recreation .
A
T
T
A
c
H
M
E
N
T
1
Section 5. USE OF THE PREMISES.
Trainer shall have the right to possession of the Leased Premises for the purpose of
providing video golf training, instruction, club fitting, club sales and club repair. However,
nothing in this Lease shall be construed to authorize that which is prohibited under United
States, State or local law, ordinance, code or regulation.
Section 6. SERVICES.
All services provided by the Trainer shall be reviewed and approved by the Director of
Parks and Recreation. The Trainer will provide lessons and clinics for the City. The City
will continue to offer the Hole-N-One Program, Par 3 League, golf team and some lessons.
The Trainer will provide lesson discounts for Englewood residents and Parks and
Recreation sponsored programs.
Section 7. HOURS OF OPERATION.
a) From May 1st through September 30th of each year, the Trainer shall provide golf
instruction six ( 6) days per week and during these months shall be open each day to
the public from 9:00 AM and shall remain open until 5:00 PM.
b) During the months of October 1st through April 30th of each year, the Trainer shall
provide video golf analysis five (5) days per week and during these months shall be
open each day to the public at 9:00 AM and shall remain open until 5:00 PM.
c) Nothing herein shall be construed as prohibiting the Trainer from being open for
other hours in addition to those stated in Paragraphs "a" and "b" above. Trainer may
close on Christmas Day and Thanksgiving.
d) Trainer agrees to cooperate with the Golf Course Manager in scheduling golf
meetings and events. In the event of any disagreement, the matter shall be referred
to the Director of Parks and Recreation and his/her decision is final.
e) Any adjustments to the hours of operation must be approved by the Director of Parks
and Recreation or his designee .
f) Trainer and or the City may temporarily close the Training Center for cleaning,
construction and maintenance under a mutually agreed upon schedule.
Section 8. MAINTENANCE, REP AIR AND REPLACEMENT.
a) The Trainer shall be responsible for repairs and/or replacement of all equipment
associated with the leased premise. This does not include driving range equipment
owned by the City of Englewood.
2
•
•
•
• Section 9. CLEANLINESS GUIDELINES.
•
•
a) All rules, regulations and guidelines required by the City of Englewood must be
adhered to.
b) All applicable local, state and Federal Government Acts and Regulations must be
adhered to.
c) Any specific guidelines established by the Director of Parks and Recreation must be
adhered to.
Section 10. RENT.
a) Trainer shall pay rent to the City:
i. Commencing on April 1, 2015, the Trainer shall pay $20,000 per year, in
accordance with the following schedule:
ii.
April through November: $2,500 per month.
Rent can be prepaid anytime .
Trainer will provide reasonable efforts to attain sponsorships for the Hole-N-
One Jr. Program .
The aforesaid fixed rent payments shall be paid, per schedule above on the
first day of each month or on the first Monday of each month if the first day
falls on Saturday or Sunday.
A penalty fee of $10 .00 per day or part thereof shall be charged for each day or
part thereof that the rent is past due, until 12:00 midnight on the 14th day past
due. If the rent payment is not received by midnight on the 14th day past due,
the Trainer shall be in violation of the terms of this Agreement, and subject to
termination.
Section 11. UTILITIES.
Utilities will be paid for by the City of Englewood.
Section 12. PARKING FACILITIES.
a) The existing parking facility adjacent to the Golf Course Clubhouse (hereinafter
called "parking facility") shall be open for use by Trainer and its customers; such
right of use of the said parking facilities shall be non-exclusive right.
b) City shall at its own expense maintain the parking facility, which shall include snow
removal when necessary .
3
Section 13. SIGNS.
Any signage for the leased premise shall be the sole responsibility of the Trainer. All
signage must be approved by the Director of Parks and Recreation or his designee.
Section 14 . ADDITIONAL FACILITIES AND EQUIPMENT.
Trainer shall have the right to install additional facilities and equipment with the consent
of the Director of Parks and Recreation or his designee. Permanently attached fixtures or
equipment shall become property of the City upon termination of the lease. Permanently
attached fixtures are considered to be any item that causes damage to the building upon
removal. In no event will a golf simulator be considered a permanently attached fixture.
Section 15 . SECURITY.
Trainer is responsible for the obtaining of theft insurance covering equipment, supplies and
personal property of Trainer. Such policies shall contain no right of subrogation against
the City. Trainer shall provide a copy of the policy to the Director of Parks and
Recreation. Additional costs for security, as required by the Director of Parks and
Recreation or his designee, shall be the responsibility of the Trainer.
Section 16. PERSONNEL.
a) Trainer shall at its own expense employ such qualified personnel as may be
necessary for the training operation and shall require all personnel to be clean, polite,
and courteous in their transactions with the public.
b) Trainer shall give personal supervision and direction to the operation of the Training
Center and, when absent, keep competent personnel in charge.
c) City shall not be responsible for the wages or salaries of any employee or
representative of Trainer, nor for any debts, liabilities or other obligations of Trainer.
d) Neither the Trainer nor the employees who perform services pursuant to the
Agreement shall be considered employees, servants or agents of the City of
Englewood as a result of the performance of services under the Agreement.
e) Violence or acts prohibited by law committed by the Trainer and employees of
Trainer shall cause immediate termination of the Lease, if not resolved to the
satisfaction of the City, after notification.
Section 17 . LICENSES AND PERMITS.
Trainer, at its own expense, shall secure any and all licenses and permits for services.
4
•
•
•
• Section 18. INSURANCE/INDEMNIFICATION.
•
•
a) Trainer agrees to furnish to City a performance bond or letter of credit in the amount
of Ten Thousand Dollars ($10,000.00) guaranteeing faithful performance by Trainer
of all payment of rent, utility costs, etc., along with all terms, covenants, and
conditions herein contained and compliance with applicable City ordinances. Said
bond shall be furnished within 30 days of signed agreement and shall remain in
effect for the term of the lease.
b) Trainer shall at Trainer's own expense keep in full force and effect during the term of
this Lease statutory Worker's Compensation coverage if required. A copy of the
certificates of insurance shall be sent to the City in care of the Department of Risk.
c) INDEMNIFICATION. Trainer agrees to indemnify and hold harmless the City of
Englewood, its Council, employees, insurers, and self-insurance pool, from and
against all liability, claims, and demands, on account of injury, loss or damage, of
any kind whatsoever, which arise out of or are in any manner connected with
Trainer, if such injury, loss, or damage is caused in whole or in part by the act,
omission, or other fault of Trainer, or any officer or employee of Trainer. Trainer
agrees to investigate, handle, respond to, and to provide defense for any such
liability, claims, or demands at the sole expense of Trainer, and agrees to bear all
other costs and expenses related thereto, including court costs and attorney fees,
whether or not any such liability, claims, or demands alleged are groundless, false, or
fraudulent.
d) INSURANCE.
i. Trainer is to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all obligations assumed by Trainer
pursuant to this Lease.
11. Trainer shall procure and continuously maintain the minimum insurance
coverage's listed below, with the forms and insurers acceptable to the City of
Englewood. In the case of any claims-made policy, the necessary retroactive
dates and extended reporting periods shall be procured to maintain such
continuous coverage.
(A) General liability and errors and omissions insurance with minimum
limits of one million dollars ($1,000,000) per each person and one
million dollars ($1,000,000) per each occurrence, plus an additional
amount sufficient to pay related attorneys' fees and defense costs.
111 Fire and Extended Coverage Insurance shall be provided by the City on the
ClubHouse building, and extended buildings included in Leased Premises,
only. Trainer shall be solely responsible for securing and paying for insurance
coverage on those improvements and contents belonging to Trainer located in
or on the Leased Premises. Trainer hereby expressly waives any cause of
action or right of recovery, which Trainer may hereafter have against City for
any loss or damage to Leased Premises or to any contents or improvements
thereto belonging to either party, caused by fire, explosion, or theft.
5
iv. The policies required above shall be endorsed to include the City of
Englewood and the City of Englewood's Council and employees as additional
insured. Every policy required above shall be primary insurance, and any
insurance carried by the City of Englewood, its officers, or its employees, or
carried by or provided through any self-insurance pool of the City of
Englewood, shall be excess and not contributory insurance to that provided by
Trainer.
v . The certificate of insurance provided to the City of Englewood shall be
completed by the Trainer's insurance agent as evidence that policies providing
the required coverage's, conditions, and minimum limits are in full force and
effect, and shall be reviewed and approved by the City of Englewood prior to
commencement of the Agreement. No other form of certificate shall be used.
The certificate shall identify this Agreement and shall provide that the
coverage's afforded under the policies shall not be canceled, terminated or
materially changed until at least 30 days prior written notice has been given to
the City of Englewood. The completed certificate of insurance shall be sent
to:
City Clerk
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
A certified copy of any policy shall be provided to the City of Englewood at its
request. A copy of the certificates of insurance shall be sent to the City in care
of the Department of Risk, 1000 Englewood Parkway, Englewood, Colorado
80110 .
vi. The parties hereto understand and agree that the parties are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently $1,000,000 per person and $1,000,000 per occurrence)
or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S . 24-10-101 et seq., as from time to time
amended, or otherwise available to the parties , their officers, or their
employees.
A certificate evidencing said insurance policy shall be kept on file with the
Department of Risk of the City and shall have a provision that the same shall not be
altered, amended, or canceled without first giving written notification thereof to the
City thirty days prior thereto. Trainer further agrees to indemnify the City for any
claims brought against the City because or on account of Trainer's operation. A copy
of the certificates of insurance shall be sent to the City in care of the Department of
Risk.
6
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• Section 19. FIRE OR NATURAL DISASTERS.
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In the event fire or natural disaster renders the Club House and its Training Center
facilities inoperable, the Trainer shall be released from the terms of compensation to be
paid the City until such time as the Club House and its Training Center facilities are
declared open and operable by the City. If in the event such Training Center facilities are
not open and operable within a period of thirty (30) days from the time of such disaster,
Trainer has the right to terminate its contract and Lease with the City under Section 20,
Termination of Lease, contained herein.
Section 20. TERMINATION OF LEASE.
a) This Lease may, at any time, be terminated by either party upon ninety (90) days'
written notice to the other without cause.
b) The parties may terminate the Lease by giving thirty (30) days' written notice of a
violation of paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, provided
Trainer has been given notice of violation, Trainer has neglected to cure such
violation.
c) Violation of paragraph 19 shall be grounds for immediate termination of the Lease.
Section21. DELIVERY AND REMOVAL UPON TERMINATION.
Trainer will deliver the premises at the termination of this Lease in as good condition and
state of repair as when received, except for ordinary wear and tear or loss or damage
caused by an act of God. Upon termination, Trainer shall have the right to remove any
supplies or personal property belonging to or installed by the operator, subject, however, to
any valid lien or claim, which City may have for unpaid fees. Provided also that if said
removal causes any damage to the premises, said Trainer will repair the same in a proper
and satisfactory manner at its own expense.
Section 22. This Agreement may not be assigned and a sublease shall not be allowed without the
written consent of both parties. Independent contractors are separate from this Section.
Section 23. ATTORNEY FEES PREVAILING PARTY.
In the event that either party to this Agreement shall commence any action against the other party
arising out of or in connection with this Agreement, or contesting the validity of this Agreement
or any provision of this Agreement, the prevailing party shall be entitled to recover from the
other party reasonable attorney's fees and related costs, fees and expenses incurred by the
prevailing party in connection with such action or proceeding .
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Section 24. NOTICES.
All notices, demands and communications hereunder shall be personally served or given by
certified or registered mail, and:
a) If intended for City shall be addressed to City at:
City of Englewood
Attention: Director of Parks and Recreation
1000 Englewood parkway
Englewood, Colorado 80110
with a copy to :
City of Englewood
Attention: City Attorney
1000 Englewood Parkway
Englewood, Colorado 80110
b) If intended for Trainer shall be addressed to Trainer at:
Broken T Partners LLC
Attention: Manager [Kevin Hollern]
2101 W . Oxford Avenue
Englewood, CO 80110
c) Any notice given by mail shall be deemed delivered when deposited in a United
States general or branch post office, addressed as above, with postage prepaid, or
when served personally at the applicable address .
Section 25 . ENTIRE AGREEMENT .
This Lease, together with the Exhibit A attached hereto:
a) Contains the entire Lease between the parties; and
b) Shall be governed by the laws of the State of Colorado .
Section 26. SEVERABILITY.
If any clause of provision of this Lease is illegal, invalid or unenforceable under present or
future laws effective during the term of this Lease, then and in that event, it is the intention
of the parties hereto that the remainder of this Lease shall not be affected thereby. It is
also the intention of the parties to this Lease that in lieu of each clause or provision of this
Lease that is illegal, invalid or unenforceable, there be added as a part of this Lease a
clause or provision as similar in terms to such illegal, invalid or unenforceable clause or
provision as may be possible and be legal, valid and enforceable.
8
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• Section 27. CAPTIONS.
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The caption of each Section is added as a matter of convenience only and shall not be
considered in the construction of any provision or provisions of this Lease.
Section 28. BINDING EFFECT.
All terms, conditions and covenants to be observed and performed by the parties hereto
shall be applicable to and binding upon their respective heirs, administrators, executors,
successors and assigns .
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
CITY OF ENGLEWOOD, COLORADO
"City"
Jerrell Black, Director of Parks & Recreation
BROKEN T PAR1NERS LLC ;:; /J :=~Ill R~
STATE OF(b/oractz>)
" -I -("> ) SS. COUNTY OF LJ})Ltj ( vi.,,J )
My Commission expires:.;;l}.:J-.,) . .,./ /7
9
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 6, 2015 9 c i Resolution for Supplemental Appropriation to Fund the
Hiring of an Events Coordinator for the Fourth of July
Family Festival and Fireworks
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed the Fourth of July Festival and Firework Event at the March 16, 2015 Study Session.
City staff requested Council consider hiring an events coordinator to ensure this event is planned and
coordinated in 2015 in light of the recent retirement of the staff coordinator who coordinated efforts in the
past. The pending contract with Denver Fire limits internal options to staff the coordination position.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Resolution appropriating funds to hire an events
coordinator for the 2015 Fourth of July Family Festival and Fireworks .
• SOURCES AND USES OF FUNDS:
•
GENERAL FUND:
SOURCE OF FUNDS:
Unassigned Fund Balance $10,000
USE OF FUNDS:
City Manager's Office: Professional Services $10,000
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Council discussed and determined that due to the retirement of the past coordinator of this event and the
pending contract for fire protection services, the City needs to hire someone to coordinate the numerous
duties involved with this event.
FINANCIAL IMPACT
The Unassigned Fund Balance in the General Fund will be reduced $10,000.
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO .
SERIES OF 2015
A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2015
BUDGET TO FUND THE HIRING OF AN EVENTS COORDINATOR FOR THE FOURTH
OF JULY FAMILY FESTIVAL AND FIREWORKS.
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 discussed the Fourth of July Festival and Firework
Event at the March 16 , 2015 Study Session; and
WHEREAS , with the recent retirement of the employee who coordinated efforts in the past as
well as the pending contract for fire protection services with Denver Fire Department, Englewood
is hiring an events coordinator; and
WHEREAS, the passage of this resolution will appropriate the funds necessary for the hiring
of an events coordinator for the Fourth of July Family Festival and Fireworks.
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 $10 ,000
USE OF FUNDS:
City Manager's Office: Professional Services $10 ,000
1
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 6th day of April, 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
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COUNCIL COMMUNICATION
Date Agenda Item
April 6, 2015
INITIATED BY
Littleton /Englewood WWTP Supervisory
Committee
9 c ii
STAFF SOURCE
Subject
L/E WWTP Support Agreement
with AmWest Controls for
Programming Services for
SCADA System Support
Cindy Goodburn, L/E WWTP Business Services
Manager
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 2015 Littleton /Englewood Wastewater Treatment Plant budget.
RECOMMENDED ACTION
The Littleton/Englewood Wastewater Treatment Plant Supervisory Committee recommended on January
15, 2015, Council approve, by Motion, the Support Agreement with Am West Controls in the amount of
•
$48,000. This Support Agreement is for the routine, non-routine and emergency programming services to
support the Supervisory Control and Data Acquisition (SCADA) system Human Machine Interface {HMI)
software that controls, monitors plant processes and collects data.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Process Control System (PCS) is a collection of instrumentation, control hardware, networks, software,
interface devices, and development tools that work together to control plant processes and present
information to plant staff to aide in plant operation, maintenance and management. This system includes 7
different industrial networks that control instrumentation, Programmable Logic Controllers (PLCs) and
devices that control operational equipment and extract data. Additionally, the system includes an HMI that
controls the field networks and collects and reports the data.
This support agreement with AmWest Controls is for services and on-going responsibility for the support of
PLC programming, HMI programming, instrumentation, electrical systems, automation safety standards and
other SCADA-related tasks. Intimate knowledge of the plant processes and the original
development/implementation and standards of the programming code allow Am West staff to perform
troubleshooting, modifications and repair activities in an efficient, effective, safe manner. The scope of
work covered under this support agreement is time and materials for routine maintenance and repairs and
includes the following:
• Repair and Maintenance Service
• On Call Service 24x7
• Training of L/E WWTP SCADA Personnel
• • Periodic and Preventive Maintenance Program Review and Development
• Maintenance and Updating of Drawings
• Quarterly Review Meetings
FINANCIAL IMPACT
Funds for this Support Agreement are included in the 2015 L/E WWTP budget and as Professional Services,
the cost of which will be shared 50/50 by the Cities of Englewood and Littleton .
UST OF ATTACHMENTS
Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
Contract Number PSA/15-15
This Professional Services Agreement (the "Agreement") is made as of this 17th day of
March , 2015 , (the "Effective Date") by and between AmWest Control, Inc., a Colorado
corporation ("Consu ltant"), and The City of Englewood , Colorado, a municipal corporation organized
under the laws of the State of Colorado ("City").
City des ires that Consultant , from time to time, provide certain consulting services, systems
integration services , data conve rsion services, training services, and/or related services as described
herein , and Consultant desires to perform such services on behalf of City on the terms and conditions
set forth herein .
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the rece ipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound , agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
(a) "Intellectual Property Rights"
shall mean any and all (by whatever name or
term known or designated) tangible and
intangible and now known or hereafter existing
(1) rights associate with works of authorship
throughout the universe, including but not
limited to copyrights , moral rights, and mask-
works, (2) trademark and trade name rights
and similar rights , (3) trade secret rights, (4)
patents, designs, algorithms and other
industrial property rights , (5) all other
intellectual and industr ial property rights (of
every kind and nature throughout the un iverse
and however designated) (including logos ,
"rental" rights and rights to remuneration),
whether arising by operation of law, contract,
license, or otherwise, and (6) all registrations,
initial applications, renewals, extensions,
continuations, divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) "Work Product" shall mean all
patents, patent applications , inventions ,
designs, mask works, processes ,
methodologies, copyrights and copyrightable
works , trade secrets including confidential
information, data, designs, manuals , training
materials and documentation , formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and all
other Intellectual Property Rights created ,
developed or prepared, documented and/or
delivered by Consultant, pursuant to the
provision of the Services .
2. Statements of Work. During the term
hereof and subject to the terms and conditions
contained herein , Consultant agrees to
provide , on an as requested basis, the
consulting services , systems integration
services, data conversion services, training
services, and related services (the "Services")
as further described in Schedule A (the
"Statement of Work") for City, and in such
additional Statements of Work as may be
executed by each of the parties hereto from
time to time pursuant to this Agreement. Each
Statement of Work shall specify the scope of
work , specificat ions , basis of compensation
and payment schedule, estimated length of
time required to complete each Statement of
Work, including the estimated start/finish
dates, and other relevant information and shall
incorporate all terms and conditions contained
in this Agreement
3. Performance of Services.
(a) Performance. Consultant shall
perform the Services necessary to comp lete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specifications, if any, set forth in the
Statement of Work, and in accordance with
industry standards. Consultant agrees to
exercise the highest degree of professionalism,
and to utilize its expertise and creative talents
in completing the projects outlined in a
Statement of Work.
(b) Delays. Consultant agrees to
notify City promptly of any factor, occurrence,
or event coming to its attention that may affect
Consultant's ability to meet the requirements of
the Agreement, or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work. Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike, or major equipment
failure. Time is expressly made of the essence
with respect to each and every term and
provision of this Agreement.
(c) Discrepancies. If anything
necessary for the clear understanding of the
Services has been omitted from the Agreement
specifications or it appears that various
instructions are in conflict, Vendor shall secure
written instructions from City's project director
before proceeding with the performance of the
Services affected by such omissions or
discrepancies.
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City.
Acceptance procedures shall be outlined in the
Statement of Work . If City disputes all or any
portion of an invoice for charges, then City
shall pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the invoice. City shall notify Consultant as
soon as possible of the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute . The parties shall
then attempt to resolve the disputed portion of
such invoice as soon as possible. Upon
resolution of the disputed portion, City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation. No federal or other taxes (excise,
luxury, transportation, sales, etc.) shall be
included in quoted prices. City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income, capital, net worth,
franchise, privilege, any other taxes, or
assessments, nor any of the foregoing
imposed on or payable by Consultant. Upon
written notification by City and subsequent
verification by Consultant, Consultant shall
reimburse or credit, as applicable, City in a
timely manner, for any and all taxes
erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates, as applicable.
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access to all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant's operations and compliance with
this Agreement. Consultant shall provide such
auditors and inspectors any reasonable
assistance that they may require . Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Consultant are not impacted adversely.
8. Term and Termination. The term of
this Agreement shall commence on the
Effective Date and shall continue unless this
Agreement is terminated as provided in this
Section 8.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice. Upon such termination, City
shall, upon receipt of an invoice from
Consultant, pay Consultant for Services
actually rendered prior to the effective date of
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such termination . Charges will be based on
time expended for all incomplete tasks as
listed in the applicable Statement of Work, and
all completed tasks will be charged as
indicated in the applicable Statement of Work .
(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work .
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of termination
to the defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party: (1)
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors; (2) applies for, consents to, or
acquiesces in the appointment of a receiver,
trustee, custodian, or liquidator for its business
or all or substantially all of its assets; (3) files,
or consents to or acquiesces in, a petition
seeking relief or reorganization under any
bankruptcy or insolvency laws; or (4) files a
petition seeking relief or reorganization under
any bankruptcy or insolvency laws is filed
against that other party and is not dismissed
within sixty (60) days after it was filed.
(e) TABOR. The parties understand
and acknowledge that each party is subject to
Article X, § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR
by the execution of this Agreement. It is
understood and agreed that this Agreement
does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31 . Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules , regulations, and resolutions of City
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated.
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant's employees performing its
obligations hereunder at City's premises ,
without charge, a reasonable work
environment in compliance with all applicable
laws and regulations, including office space,
furniture, telephone service, and reproduction,
computer, facsimile , secretarial and other
necessary equipment, supplies, and services.
With respect to all third party hardware or
software operated by or on behalf of City , City
shall, at no expense to Consultant, obtain all
consents, licenses and sublicenses necessary
for Consultant to perform under the Statements
of Work and shall pay any fees or other costs
associated with obtaining such consents,
licenses and sublicenses .
10. Staff. Consultant is an independent
consultant and neither Consultant nor
Consultant's staff is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services described in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
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Consultant or Consultant's staff, and City shall
not be required to hire, supervise or pay any
assistants to help Consultant perform the
Services under this Agreement. Except to the
extent that Consultant's work must be
performed on or with City's computers or City's
existing software, all materials used in
providing the Services shall be provided by
Consultant.
11. Confidential Information.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party's business,
research, development, trade secrets or
business affairs ("Confidential Information").
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-101 et. seq., each party shall
protect all Confidential Information of the other
party with the same degree of care as it uses
to avoid unauthorized use, disclosure,
publication or dissemination of its own
confidential information of a similar nature , but
in no event less than a reasonable degree of
care . Without limiting the generality of the
foregoing, each party hereto agrees not to
disclose or permit any other person or entity
access to the other party's Confidential
Information except such disclosure or access
shall be permitted to an employee, agent,
representative or independent consultant of
such party requiring access to the same in
order to perform his or her employment or
services. Each party shall insure that their
employees, agents, representatives, and
independent consultants are advised of the
confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11 .
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure .
(b) Know-How. For the avoidance of
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nature .
(c) Remedies. Each of the parties
hereto agree that if any of them, their officers,
employees or anyone obtaining access to the
Confidential Information of the other party by ,
through or under them, breaches any provision
of this Section 11, the non-breaching party
shall be entitled to an accounting and
repayment of all profits, compensation,
comm1ss1ons, remunerations and benefits
which the breaching party, its officers or
employees directly or indirectly realize or may
realize as a result of or growing out of, or in
connection with any such breach. In addition
to, and not in limitation of the foregoing, in the
event of any breach of this Section 11, the
parties agree that the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
injury to the non-breaching party arising from a
violation of this Section 11 would be impossible
to calculate and would therefore be an
inadequate remedy at law. Accordingly, the
parties agree that the non-breaching party
shall be entitled to temporary and permanent
injunctive relief against the breaching party , its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law, in equity or under this
Agreement for any violation of this Section 11.
The provisions of this Section 11 shall survive
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the expiration or termination of this Agreement
for any reason.
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work, who shall act for that party on all matters
under the Statement of Work. Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one requests to review the status of the
Statement of Work .
13. Warranties.
(a) Authority . Consultant represents
and warrants that: (1) Consultant has the full
corporate right, power and authority to enter
into this Agreement and to perform the acts
required of it hereunder; (2) the execution of
this Agreement by Consultant, and the
performance by Consultant of its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant is a
party or by which it is otherwise bound under
any applicable law, rule or regulation; (3) when
executed and delivered by Consultant, this
Agreement will constitute the legal, valid and
binding obligation of such party, enforceable
against such party in accordance with its
terms; and (4) Consultant acknowledges that
City makes no representations, warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty. Consultant
warrants that its employees and consultants
shall have sufficient skill, knowledge, and
training to perform Services and that the
Services shall be performed in a professional
and workmanlike manner.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work, Consultant warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work ..
During the course of performance of Services,
City may, for any or no reason , request
replacement of an employee or a proposed
employee . In such event, Consultant shall,
within five (5) working days of receipt of such
request from City, provide a substitute
employee of sufficient skill, knowledge, and
training to perform the applicable Services.
Consultant shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies.
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to, workers' compensation benefits)
which an employer is required to pay relating
to the employment of employees. City shall not
be liable to Consultant or to any employee for
Consultant's failure to perform its
compensation, benefit, or tax obligations.
Consultant shall indemnify, defend and hold
City harmless from and against all such taxes,
contributions and benefits and will comply with
all associated governmental regulations,
including the filing of all necessary reports and
returns .
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemnify, defend and hold
harmless City, its directors, officers,
employees, and agents and the heirs,
executors, successors, and permitted assigns
of any of the foregoing (the "City lndemnitees")
from and against all losses , claims, obligations,
demands, assessments, fines and penalties
(whether civil or criminal), liabilities, expenses
and costs (including reasonable fees and
disbursements of legal counsel and
accountants), bodily and other personal
injuries, damage to tangible property, and
other damages, of any kind or nature , suffered
or incurred by a City lndemnitee directly or
indirectly arising from or related to: (1) any
negligent or intentional act or omission by
Consultant or its representatives in the
performance of Consultant's obligations under
this Agreement, or (2) any material breach in a
representation , warranty, covenant or
obligation of Consultant contained in this
Agreement.
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{b) Infringement. Consultant will
indemnify, defend, and hold City harmless from
all lndemnifiable Losses arising from any third
party claims that any Work Product or
methodology supplied by Consultant infringes
or misappropriates any Intellectual Property
rights of any third party; provided, however,
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on: (1) use of the
Work Product in combination with products or
services not provided by Consultant to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used; (2) any modification or enhancement to
the Work Product made by City or anyone
other than Consultant or its sub-consultants; or
(3) use of the Work Product other than as
permitted under this Agreement.
{c) Indemnification Procedures.
Notwith-standing anything else contained in
this Agreement, no obligation to indemnify
which is set forth in this Section 14 shall apply
unless the party claiming indemnification
notifies the other party as soon as practicable
to avoid any prejudice in the claim, suit or
proceeding of any matters in respect of which
the indemnity may apply and of which the
notifying party has knowledge and gives the
other party the opportunity to control the
response thereto and the defense thereof;
provided, however, that the party claiming
indemnification shall have the right to
participate in any legal proceedings to contest
and defend a claim for indemnification
involving a third party and to be represented by
its own attorneys, all at such party's cost and
expense; provided further, however, that no
settlement or compromise of an asserted third-
party claim other than the payment/money may
be made without the prior written consent of
the party claiming indemnification .
(d) Immunity. City, its officers, and its
employees, are relying on, and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or any
other rights, immunities, and protections
provided by the Colorado Governmental
Immunity Act, C.R.S . 24-10-101 et seq., as
from time to time amended, or otherwise
available to City, its officers, or its employees.
15. Insurance.
(a) Requirements. Consultant agrees
to keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) The Consultant shall comply
with the Workers' Compensation Act of
Colorado and shall provide compensation
insurance to protect the City from and against
any and all Workers' Compensation claims
arising from performance of the work under
this contract. Workers' Compensation
insurance must cover obligations imposed by
applicable laws for any employee engaged in
the performance of work under this contract, as
well as the Employers' Liability within the
minimum statutory limits .
(2) Commercial General Liability
Insurance and auto liability insurance
(including contractual liability insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than three million dollars
($3,000,000) per occurrence.
(3) Professional Liability/Errors and
Omissions Insurance covering acts, errors and
omissions arising out of Consultant's
operations or Services in an amount not less
than one million dollars ($1,000,000) per
occurrence.
(4) Employee Dishonesty and
Computer Fraud Insurance covering losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Consultant personnel, acting alone or with
others, in an amount not less than one million
dollars ($1,000,000) per occurrence.
(b) Approved Companies. All such
insurance shall be procured with such
insurance companies of good standing,
permitted to do business in the country, state
or territory where the Services are being
performed.
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(c) Certificates. Consultant shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective carriers for each year that this
Agreement is in effect. Certificates of
insurance will list the City of Englewood as an
additional insured. Each certificate of
insurance shall provide that the issuing
company shall not cancel, reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days'
notice of such cancellation, reduction or
material change has been provided to City.
16. Rights in Work Product.
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Consultant under any Statement of Work shall
remain the property of Consultant. With
respect to the Work Product, Consultant
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights, a non-exclusive, irrevocable, perpetual,
worldwide, fully paid and royalty-free license,
to reproduce, create derivative works of,
distribute, publicly perform and publicly display
by all means now known or later developed,
such Intellectual property Rights.
(b) Know-How. Notwithstanding
anything to the contrary herein, each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how, and expertise, and to use,
disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or
skills gained or learned during the course of
any assignment, so long as it or they acquire
and apply such information without disclosure
of any Confidential Information of the other
party.
17. Relationship of Parties. Consultant is
acting only as an independent consultant and
does not undertake, by this Agreement, any
Statement of Work or otherwise, to perform
any obligation of City, whether regulatory or
contractual, or to assume any responsibility for
City's business or operations. Neither party
shall act or represent itself, directly or by
implication, as an agent of the other, except as
expressly authorized in a Statement of Work.
18. Complete Agreement. This
Agreement contains the entire agreement
between the parties hereto with respect to the
matters covered herein.
19. Applicable Law. Consultant shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subject but to
which reference is not made in the applicable
Statement of Work. This Agreement shall be
construed in accordance with the laws of the
State of Colorado. Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County, Colorado and each party hereto
consents to jurisdiction and venue before such
courts.
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent, then such
provision shall be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City, with Consultant's
consent, may request Consultant to undertake
additional work with respect to such Statement
of Work. In such event, City and Consultant
shall execute an addendum to the Statement
of Work specifying such additional work and
the compensation to be paid to Consultant for
such additional work.
22. Sub-consultants. Consultant may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City. In the event of any permitted
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subcontracting, the agreement with such third
party shall provide that, with respect to the
subcontracted work, such sub-consultant shall
be subject to all of the obligations of
Consultant specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery . Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment. This Agreement may not
be assigned by Consultant without the prior
written consent of City . Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries . This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
this Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation.
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Consultant of any service or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials,
rationing, utility or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation,
ordinance, demand or requirement having
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
the period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Permits. Consultant shall at its own
expense secure any and all licenses, permits
or certificates that may be required by any
federal, state or local statute, ordinance or
regulation for the performance of the Services
under the Agreement. Consultant shall also
comply with the provisions of all Applicable
Laws in performing the Services under the
Agreement. At its own expense and at no cost
to City, Consultant shall make any change,
alteration or modification that may be
necessary to comply with any Applicable Laws
that Consultant failed to comply with at the
time of performance of the Services.
31. Media Releases. Except for any
announcement intended solely for internal
distribution by Consultant or any disclosure
required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consultant, all media releases, public
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announcements, or public disclosures
(including, but not limited to, promot ional or
marketing material) by Consultant or its
employees or agents relat ing to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
be coordinated with and approved in writing by
City prior to the release t hereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
been approved or endorsed by City or include
the name, trade mark , or symbol of City on a
list of Consultant's customers without City's
express written consent.
32. Nonexclusive Market and Purchase
Rights. It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services . Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions .
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall not constitute comm itments.
33. Survival. The provisions of Sections 5,
B(g), 10, 11 , 13, 14, 16, 17, 19 , 23, 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
34. Verification of Compliance with C.R.S.
8-17.5-101 ET .SEQ. Regarding Hiring of
Illegal Aliens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Consultant shall not contract with a sub-
consultant that fails to certify to the Consultant
that the sub-consultant will not knowingly
employ or contract with an illegal alien to
perform work under this Contract. [CRS 8-
17 .5-102(2)(a)(I) & (II).]
(b) Verification: Consultant will
participate in either the E-Verify program or the
Department program , as defined in C.R.S . 8-
17.5-101 (3.3) and 8-17.5-101 (3.7),
respectively, in order to confirm the
employment eligibility of all employees who are
newly hired for employment to perform work
under this public contract for services .
Consultant is prohibited from using the E-Verify
program or the Department program
procedures to undertake pre-employment
screening of job applicants while this contract
is being performed.
(c) Duty to Terminate a
Subcontract: If Consultant obtains actual
knowledge that a sub-consultant performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall;
(1) notify the sub-consultant and
the City within three days that the
Consultant has actual knowledge that
the sub-consultant is employing or
contracting with an illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiv ing notice required
pursuant to this paragraph the sub-
consultant does not stop employing or
contracting with the illegal alien; except
that the Consultant shall not terminate
the contract with the sub-consultant if
during such three days the sub-
consultant prov ides information to
establish that the sub-consultant has
not knowingly employed or contracted
with an illegal alien .
(d) Duty to Comply with State
Investigation: Consultant shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made in
the course of an investigation by that the
Department is undertaking pursuant to C.R.S .
8-17 .5-102 (5)
(e) Damages for Breach of Contract:
The City may terminate this contract for a
breach of contract , in whole or in part , due to
Consultant's breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17.5-102 . Consultant shall be liable for
actual and consequential damages to the City
9
in addition to any other legal or equitable
remedy the City may be entitled to for a breach
of this Contract under this Paragraph 34.
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IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By: _______________ ~Date: ____ ~
(Department Director)
Stu Fonda, · L/E WWTP Director
By=------~~~~~~~~~-Date:_~--~
(Mayor)
Randy P. Penn
ATTEST:
City Clerk -Loucnishia A. Ellis
AmWest Control, Inc.
(Consultant Name)
10175 E. 105th Ave
Address
Brighton, CO 80601
City, State, Zip Code
By: &d_~
· (Signature)
Glenn A. Allison
(Print Name)
Title: Vice President
Date: 3/17/15
STATE OF )
) SS .
COUNTY OF )
On this ____ day of _________ , 20_, before me personally appeared ___ _
________ , known to me to be the of
-------------------' 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:--------
NOTARY
II
1. GENERAL
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
(Provide the requested below information)
[Identification of parties and date of execution]
[Reference to Professional Services Agreement by date]
2. NAMES OF PROJECT COORDINATORS
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
[General description of work or services]
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
5. OTHER CONSULTANT RESOURCES
[lf desired, provide for the Consultant's commitment of its own staff, facilities, and other
resources by nature or item]
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
[Include functional and technical specifications of Work Product and Documentation, and refer
to any specific enhancements that may be sought.]
[Describe prototype or components to be delivered .]
[Include as Deliverables copies of the reports of all project reviews, inspections, and tests
conducted during the course of performance.]
7. SPECIAL TERMS, IF ANY
8. MODE OF PAYMENT
9 . PAYMENT SCHEDULE
City will pay Consultant for the work in accordance with the following payment schedule . All
payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth
in the Payment Schedule . Payments shall be made upon City's written confirmation to Consultant
that the Deliverables-Milestones have been satisfied.
[Insert payment schedule]
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and delivery of
the Deliverables by Consultant.
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Performance
Milestone
Responsib le
Party
11 . ACCEPTANCE AND TESTING PROCEDURES
12. LOCATION OF WORK FACILITIES
Target
Date
Substantially all of the work will be conducted by Consultant at its regular office located in
City will provide the City office space and support as it agrees may be appropriate, at its
______ facility .
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated , 20_, the parties have executed this Statement
of Work as of this day of , 20_.
CITY OF ENGLEWOOD , COLORADO
By: ___________ _
(S ignature)
(Print Name)
Title:--------------
Date :--------------
Consultant Name
By: ___________ _
(Signature)
(Print Name)
Title :-------------
Date : _____________ _
13
st · > Control, Inc. • • 10175 E 106th A\11!
Brlghbln, CO 80601
303-i!B9-i!115
To:
Subject:
From:
Date:
Cindy Goodburn
City of Englewood
Cqoodburn@englewoodgov .org
Proposal for Electrical and Control System Support for the
Littleton/Englewood Wastewater Treatment Plant
Adam Petramala
Am West Control
October 7, 2014
The purpose of this proposal is to define the scope of work and pricing for SCAD A
system programming and associated electrical system services for the
Littleton/Englewood Wastewater treatment plant (referenced as LIE WWP in the
remainder of this proposal). The purpose of these support services is to provide
assistance with the existing Programmable Logic Controllers (PLC) programming,
instrumentation, electrical systems and other SCADA-related tasks . PLC's that control
plant processes, the SCADA and Human Machine Interface (HMI) systems, and other
electrical issues related to the SCADA system.
The scope of work will include the following general scope items. Each scope item will
be further defined in following sections.
1. On Call Service
2. Remote Support
3. Training of I&C Personnel
4. Consulting Services
5. Quarterly Review Meetings
1. On Call Service
On Call Service will be provided on an "as needed" and "as available" basis during
normal working hours and will be invoiced as used. Invoices will include travel time to
and from the job-site. The intent of On Call Service is to provide service as a back-up to
LIE personnel in an emergency where redundancy is either not provided or not currently
functioning and the operations of the plant are in jeopardy.
Due to the complex nature of the systems at LIE, the Am West Engineer/Programmer may
not have in depth knowledge of all aspects of the plant and all of the related subsystems
involved with a given service issue . Additional support may be required via phone with
other Am West support personnel as well as vendor support lines.
Am West Control Inc . Page 1of3
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It is anticipated that on-call service will be utilized infrequently and can be provided
without the addition of Am West service personnel. In the event that on-call service is
utilized often, the Am West ability to support this option may need to be re-visited.
2. Remote Support
Due to the nature of the services provided many times support can be provided without
visiting the facility . Remote support via VPN will be provided on an "as available" basis
during normal working hours and will be invoiced as used. No travel time will be
associated with the type of support.
3. Training of L/E I&C Personnel
Am West Engineering/Programmering personnel will work with LIE Service personnel to
train them on troubleshooting, program/SCADA modification, and maintenance tasks.
This training will include "on the job" training as well as training classes.
For on the job training, LIE personnel may either observe the tasks performed by
Am West or perform the tasks themselves with Am West personnel observing or verifying
the task after it is completed.
Training classes will be developed as needed for specific service duties . Training classes
and on-the-job training will be identified with LIE management and will be scheduled in
advance based on LIE needs and Am West availability. Classes will be documented and
will be developed to include LIE specific needs and procedures with the intent that LIE
personnel use them at a later date .
4. Consulting Services
Am West will provided electrical and control system consulting services on an "as
needed" basis to aid in future projects or modification of the current electrical and control
system .
5. Quarterly Meetings
The Am West Service Manager will meet on a regular basis (at least once per quarter) to
review customer satisfaction and evaluate any contract changes that need to be considered
either immediately or in the next service contract.
AmWest Control Inc . Page 2of3
s erVICC c on tract T' dP'. 1ere ricmg
Scheduled
Engineer/Programmer 1
Engineer/Programmer 2
En!rineer/Programmer 3
I Engineer/Programmer Emergency Callout
Units
Hours
Hours
Hours
1~
Rate
$135/hour
$165/hour
$190/hour
I $275/hour (not currently
part of this proposal)
Estimated "not to exceed" annual service cost= $48,000.00. If it appears that this
$48,000 will be exceeded either through planned or Emergency work, Am West will
notify LIE WWTP Business Services Administrator in writing prior to commencing the
work. Approval to commence work will be in writing.
This estimate is based on the following:
-Average of 8 scheduled programming hours per week for 25 weeks
-Average of 4 each, 8-hour programming calls per year during normal working hours
-Average of 2 hours remote programming sessions per week for 25 weeks
Schedule note:
Due to the training focus of the anticipated services the schedule of hours becomes more
critical. Am West services should be scheduled at least two weeks in advance with the
Am West Service Manager and will be subject to the availability of programming
personnel with the correct skill set. Effort will need to be made by both parties to
schedule this work in blocks of time to assure continuity of efforts.
Please review the summary above and let Am West know how you would like to proceed.
Sincerely,
.~-~-~----·-=: c "'-·-·C . ·~ -z ·<-----~'
Adam Petramala
Service Manager
Am West Control Inc.
Am West Control Inc . Page 3of3
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
April 6, 2015 9 c iii L/E WWTP Support Agreement
with AmWest Controls for
Hardware, Instrumentation and
Controls System Support
INITIATED BY STAFF SOURCE
Littleton /Englewood WWTP Supervisory Cindy Goodburn, L/E WWTP Business Services
Committee Manager
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 201 5 Littleton /Englewood Wastewater Treatment Plant budget.
RECOMMENDED ACTION
The Littleton/Englewood Wastewater Treatment Plant Supervisory Committee recommended on January
15, 2015, Council approve, by Motion, the Support Agreement with Am West Controls in the amount of
$48,000. This Support Agreement provides configuration, repair and maintenance of physical hardware
• and networks that control and monitor plant processes, collect data and maintain plant permit compliance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
AmWest Controls is the Automation, Controls and Supervisory Control and Data Acquisition (SCADA)
System integrator for Littleton /Englewood WWTP. This company was selected to install and implement the
Process Control System (PCS) as part of the competitive bid process for the Phase 2 project. Two
companies bid on the project and were able to demonstrate capability to provide services and skill sets
required for the implementation and integration of the Rockwell/Allen Bradley solution that was selected
for the Process Control System as part of the Phase 2 project.
AmWest Controls was selected based on their excellent demonstrated performance and on their ability to
provide on-going service, support and training locally on both routine and 24-hour emergency basis.
Further, AmWest is a Rockwell Certified Business Partner and is the only local integrator authorized to do
start-up and installation on Rockwell / Allen Bradley products and offer the extended warranty.
Support under this agreement includes configuration and troubleshooting of hardware and physical media
using specialized network scanning and diagnostic tools. The hardware components include the physical
hardware, network connectivity, electrical components, configuration and maintenance of instruments and
motor starters, variable frequency drives, network enabled instruments and other electronic components.
Since 2008, the L/E WWTP has maintained an instrumentation and controls support agreement with
AmWest for the hardware and devices associated with the instrumentation and control system installed by
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AmWest during the Phase 2 project. The agreement is for preventive maintenance and repair service and
emergency 24 hr. on-call service and is renewed annually. The scope of work is proposed as time and
materials, and not to exceed $48,000. The scope of work is for routine maintenance and repairs and
includes:
• Troubleshoot and diagnose physical hardware electronic components
• Configu ration and maintenance of instruments, motor starters, variable frequency drives and other
electronic components
• 24x7 Repair and Maintenance Service
• 24x7 On Call Service
• Training of L/E WWTP Instrumentation & Control Personnel
• Periodic and Preventative Maintenance Program Review and Development
• Maintenance and Updating of Drawings
• Quarterly Review Meetings
FINANCIAL IMPACT
Funds for this Support Agreement are included in the 2015 L/E WWTP budget and as Professional Services,
the cost of which will be shared 50/50 by the Cities of Englewood and Littleton.
LIST OF ATIACHMENTS
Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
Contract Number PSA/15-14
This Professional Services Agreement (the "Agreement") is made as of this 17th day of
March , 2015, (the "Effective Date") by and between AmWest Control, Inc., a Colorado
corporation ("Consultant"), and The City of Englewood, Colorado, a municipal corporation organized
under the laws of the State of Colorado ("City").
City desires that Consultant, from time to time, provide certain consulting services, systems
integration services, data conversion services, training services, and/or related services as described
herein, and Consultant desires to perform such services on behalf of City on the terms and conditions
set forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
(a) "Intellectual Property Rights"
shall mean any and all (by whatever name or
term known or designated) tangible and
intangible and now known or hereafter existing
(1) rights associate with works of authorship
throughout the universe, including but not
limited to copyrights, moral rights, and mask-
works, (2) trademark and trade name rights
and similar rights, (3) trade secret rights, (4)
patents, designs, algorithms and other
industrial property rights, (5) all other
intellectual and industrial property rights (of
every kind and nature throughout the universe
and however designated) (including logos,
"rental" rights and rights to remuneration),
whether arising by operation of law, contract,
license, or otherwise, and (6) all registrations,
initial applications, renewals, extensions,
continuations, divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) "Work Product" shall mean all
patents, patent applications, inventions,
designs, mask works, processes,
methodologies, copyrights and copyrightable
works, trade secrets including confidential
information, data, designs, manuals, training
materials and documentation, formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and all
other Intellectual Property Rights created,
developed or prepared, documented and/or
delivered by Consultant, pursuant to the
provision of the Services.
2. Statements of Work. During the term
hereof and subject to the terms and conditions
contained herein, Consultant agrees to
provide, on an as requested basis, the
consulting services , systems integration
services, data conversion services, training
services, and related services (the "Services")
as further described in Schedule A (the
"Statement of Work") for City, and in such
additional Statements of Work as may be
executed by each of the parties hereto from
time to time pursuant to this Agreement. Each
Statement of Work shall specify the scope of
work, specifications, basis of compensation
and payment schedule, estimated length of
time required to complete each Statement of
Work, including the estimated start/finish
dates, and other relevant information and shall
incorporate all terms and conditions contained
in this Agreement
3. Performance of Services.
(a) Performance. Consultant shall
perform the Services necessary to complete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specifications, if any, set forth in the
Statement of Work, and in accordance with
industry standards. Consultant agrees to
exercise the highest degree of professionalism,
and to utilize its expertise and creative talents
in completing the projects outlined in a
Statement of Work.
(b) Delays. Consultant agrees to
notify City promptly of any factor, occurrence,
or event coming to its attention that may affect
Consultant's ability to meet the requirements of
the Agreement, or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work. Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike, or major equipment
failure. Time is expressly made of the essence
with respect to each and every term and
provision of this Agreement.
(c) Discrepancies. If anything
necessary for the clear understanding of the
Services has been omitted from the Agreement
specifications or it appears that various
instructions are in conflict, Vendor shall secure
written instructions from City's project director
before proceeding with the performance of the
Services affected by such omissions or
discrepancies.
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City.
Acceptance procedures shall be outlined in the
Statement of Work. If City disputes all or any
portion of an invoice for charges, then City
shall pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the invoice. City shall notify Consultant as
soon as possible of the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute. The parties shall
then attempt to resolve the disputed portion of
such invoice as soon as possible. Upon
resolution of the disputed portion, City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation. No federal or other taxes (excise,
luxury, transportation, sales, etc .) shall be
included in quoted prices. City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income, capital, net worth,
franchise, privilege, any other taxes, or
assessments, nor any of the foregoing
imposed on or payable by Consultant. Upon
written notification by City and subsequent
verification by Consultant, Consultant shall
reimburse or credit, as applicable, City in a
timely manner, for any and all taxes
erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates, as applicable.
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access to all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant's operations and compliance with
this Agreement. Consultant shall provide such
auditors and inspectors any reasonable
assistance that they may require . Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Consultant are not impacted adversely .
8. Term and Termination. The term of
this Agreement shall commence on the
Effective Date and shall continue unless this
Agreement is terminated as provided in this
Section 8.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice. Upon such termination, City
shall, upon receipt of an invoice from
Consultant, pay Consultant for Services
actually rendered prior to the effective date of
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such termination. Charges will be based on
time expended for all incomplete tasks as
listed in the applicable Statement of Work, and
all completed tasks will be charged as
indicated in the applicable Statement of Work .
(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work.
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten ( 10) days prior written notice of termination
to the defaulting party .
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party: (1)
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors; (2) applies for, consents to, or
acquiesces in the appointment of a receiver,
trustee, custodian, or liquidator for its business
or all or substantially all of its assets; (3) files,
or consents to or acquiesces in, a petition
seeking relief or reorganization under any
bankruptcy or insolvency laws; or (4) files a
petition seeking relief or reorganization under
any bankruptcy or insolvency laws is filed
against that other party and is not dismissed
within sixty (60) days after it was filed.
(e) TABOR. The parties understand
and acknowledge that each party is subject to
Article X, § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR
by the execution of this Agreement. It is
understood and agreed that this Agreement
does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31 . Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules, regulations, and resolutions of City
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated .
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant's employees performing its
obligations hereunder at City's premises,
without charge, a reasonable work
environment in compliance with all applicable
laws and regulations, including office space,
furniture, telephone service, and reproduction,
computer, facsimile, secretarial and other
necessary equipment, supplies, and services .
With respect to all third party hardware or
software operated by or on behalf of City, City
shall, at no expense to Consultant, obtain all
consents, licenses and sublicenses necessary
for Consultant to perform under the Statements
of Work and shall pay any fees or other costs
associated with obtaining such consents,
licenses and sublicenses.
10. Staff. Consultant is an independent
consultant and neither Consultant nor
Consultant's staff is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services described in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
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Consultant or Consultant's staff, and City shall
not be required to hire, supervise or pay any
assistants to help Consultant perform the
Services under this Agreement. Except to the
extent that Consultant's work must be
performed on or with City's computers or City's
existing software, all materials used in
providing the Services shall be provided by
Consultant.
11. Confidential Information.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party's business,
research, development, trade secrets or
business affairs ("Confidential Information").
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-101 et. seq ., each party shall
protect all Confidential Information of the other
party with the same degree of care as it uses
to avoid unauthorized use, disclosure,
publication or dissemination of its own
confidential information of a similar nature, but
in no event less than a reasonable degree of
care. Without limiting the generality of the
foregoing, each party hereto agrees not to
disclose or permit any other person or entity
access to the other party's Confidential
Information except such disclosure or access
shall be permitted to an employee, agent,
representative or independent consultant of
such party requiring access to the same in
order to perform his or her employment or
services. Each party shall insure that their
employees, agents, representatives, and
independent consultants are advised of the
confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11.
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure.
(b) Know-How. For the avoidance of
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nature .
(c) Remedies. Each of the parties
hereto agree that if any of them, their officers,
employees or anyone obtaining access to the
Confidential Information of the other party by,
through or under them, breaches any provision
of this Section 11, the non-breaching party
shall be entitled to an accounting and
repayment of all profits, compensation,
comm1ss1ons, remunerations and benefits
which the breaching party, its officers or
employees directly or indirectly realize or may
realize as a result of or growing out of, or in
connection with any such breach. In addition
to, and not in limitation of the foregoing, in the
event of any breach of this Section 11, the
parties agree that the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
injury to the non-breaching party arising from a
violation of this Section 11 would be impossible
to calculate and would therefore be an
inadequate remedy at law. Accordingly, the
parties agree that the non-breaching party
shall be entitled to temporary and permanent
injunctive relief against the breaching party, its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law, in equity or under this
Agreement for any violation of this Section 11.
The provisions of this Section 11 shall survive
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the expiration or termination of this Agreement
for any reason.
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work, who shall act for that party on all matters
under the Statement of Work. Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one requests to review the status of the
Statement of Work.
13. Warranties.
(a) Authority. Consultant represents
and warrants that: (1) Consultant has the full
corporate right, power and authority to enter
into this Agreement and to perform the acts
required of it hereunder; (2) the execution of
this Agreement by Consultant, and the
performance by Consultant of its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant is a
party or by which it is otherwise bound under
any applicable law, rule or regulation; (3) when
executed and delivered by Consultant, this
Agreement will constitute the legal, valid and
binding obligation of such party, enforceable
against such party in accordance with its
terms; and (4) Consultant acknowledges that
City makes no representations, warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty. Consultant
warrants that its employees and consultants
shall have sufficient skill, knowledge, and
training to perform Services and that the
Services shall be performed in a professional
and workmanlike manner.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work, Consultant warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work ..
During the course of performance of Services,
City may, for any or no reason, request
replacement of an employee or a proposed
employee. In such event, Consultant shall,
within five (5) working days of receipt of such
request from City, provide a substitute
employee of sufficient skill, knowledge, and
training to perform the applicable Services.
Consultant shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies.
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to, workers' compensation benefits)
which an employer is required to pay relating
to the employment of employees . City shall not
be liable to Consultant or to any employee for
Consultant's failure to perform its
compensation, benefit, or tax obligations.
Consultant shall indemnify, defend and hold
City harmless from and against all such taxes,
contributions and benefits and will comply with
all associated governmental regulations,
including the filing of all necessary reports and
returns .
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemnify, defend and hold
harmless City, its directors, officers,
employees, and agents and the heirs,
executors , successors, and permitted assigns
of any of the foregoing (the "City lndemnitees")
from and against all losses, claims, obligations,
demands, assessments, fines and penalties
(whether civil or criminal), liabilities, expenses
and costs (including reasonable fees and
disbursements of legal counsel and
accountants), bodily and other personal
injuries, damage to tangible property, and
other damages, of any kind or nature, suffered
or incurred by a City lndemnitee directly or
indirectly arising from or related to: (1) any
negligent or intentional act or omission by
Consultant or its representatives in the
performance of Consultant's obligations under
this Agreement, or (2) any material breach in a
representation, warranty, covenant or
obligation of Consultant contained in this
Agreement.
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{b) Infringement. Consultant will
indemnify, defend, and hold City harmless from
all lndemnifiable Losses arising from any third
party claims that any Work Product or
methodology supplied by Consultant infringes
or misappropriates any Intellectual Property
rights of any third party; provided, however,
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on: (1) use of the
Work Product in combination with products or
services not provided by Consultant to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used; (2) any modification or enhancement to
the Work Product made by City or anyone
other than Consultant or its sub-consultants; or
(3) use of the Work Product other than as
permitted under this Agreement.
{c) Indemnification Procedures.
Notwith-standing anything else contained in
this Agreement, no obligation to indemnify
which is set forth in this Section 14 shall apply
unless the party claiming indemnification
notifies the other party as soon as practicable
to avoid any prejudice in the claim, suit or
proceeding of any matters in respect of which
the indemnity may apply and of which the
notifying party has knowledge and gives the
other party the opportunity to control the
response thereto and the defense thereof;
provided, however, that the party claiming
indemnification shall have the right to
participate in any legal proceedings to contest
and defend a claim for indemnification
involving a third party and to be represented by
its own attorneys, all at such party's cost and
expense ; provided further, however, that no
settlement or compromise of an asserted third-
party claim other than the payment/money may
be made without the prior written consent of
the party claiming indemnification.
{d) Immunity. City, its officers , and its
employees, are relying on, and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or any
other rights, immunities , and protections
provided by the Colorado Governmental
Immunity Act, C.R.S . 24-10-101 et seq ., as
from time to time amended, or otherwise
available to City, its officers , or its employees.
15. Insurance.
{a) Requirements. Consultant agrees
to keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) The Consultant shall comply
with the Workers' Compensation Act of
Colorado and shall provide compensation
insurance to protect the City from and against
any and all Workers' Compensation claims
arising from performance of the work under
this contract. Workers' Compensation
insurance must cover obligations imposed by
applicable laws for any employee engaged in
the performance of work under this contract, as
well as the Employers' Liability within the
minimum statutory limits .
(2) Commercial General Liability
Insurance and auto liability insurance
(including contractual liability insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than three million dollars
($3,000 ,000) per occurrence .
(3) Professional Liability/Errors and
Omissions Insurance covering acts, errors and
omissions arising out of Consultant's
operations or Services in an amount not less
than one million dollars ($1,000,000) per
occurrence.
(4) Employee Dishonesty and
Computer Fraud Insurance covering losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Consultant personnel, acting alone or with
others, in an amount not less than one million
dollars ($1,000,000) per occurrence .
{b) Approved Companies. All such
insurance shall be procured with such
insurance companies of good standing ,
permitted to do business in the country, state
or territory where the Services are being
performed.
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(c) Certificates. Consultant shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective carriers for each year that this
Agreement is in effect. Certificates of
insurance will list the City of Englewood as an
additional insured . Each certificate of
insurance shall provide that the issuing
company shall not cancel, reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days'
notice of such cancellation , reduction or
material change has been provided to City .
16. Rights in Work Product.
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Consultant under any Statement of Work shall
remain the property of Consultant. With
respect to the Work Product, Consultant
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights , a non-exclusive, irrevocable, perpetual,
worldwide, fully paid and royalty-free license,
to reproduce, create derivative works of,
distribute, publicly perform and publicly display
by all means now known or later developed,
such Intellectual property Rights.
(b) Know-How. Notwithstanding
anything to the contrary herein, each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how, and expertise, and to use,
disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or
skills gained or learned during the course of
any assignment , so long as it or they acquire
and apply such information without disclosure
of any Confidential Information of the other
party.
17. Relationship of Parties. Consultant is
acting only as an independent consultant and
does not undertake, by this Agreement, any
Statement of Work or otherwise, to perform
any obligation of City, whether regulatory or
contractual, or to assume any responsibility for
City's business or operations. Neither party
shall act or represent itself, directly or by
implication, as an agent of the other, except as
expressly authorized in a Statement of Work.
18. Complete Agreement. This
Agreement contains the entire agreement
between the parties hereto with respect to the
matters covered herein .
19. Applicable Law. Consultant shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subject but to
which reference is not made in the applicable
Statement of Work. This Agreement shall be
construed in accordance with the laws of the
State of Colorado. Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County, Colorado and each party hereto
consents to jurisdiction and venue before such
courts .
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent, then such
provision shall be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City , with Consultant's
consent, may request Consultant to undertake
additional work with respect to such Statement
of Work . In such event, City and Consultant
shall execute an addendum to the Statement
of Work specifying such additional work and
the compensation to be paid to Consultant for
such additional work.
22. Sub-consultants. Consultant may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City. In the event of any permitted
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subcontracting, the agreement with such third
party shall provide that, with respect to the
subcontracted work, such sub-consultant shall
be subject to all of the obligations of
Consultant specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery. Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment. This Agreement may not
be assigned by Consultant without the prior
written consent of City. Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries. This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
this Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation .
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28 . Force Majeure. If performance by
Consultant of any service or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials,
rationing, utility or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation,
ordinance, demand or requirement having
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
the period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Permits. Consultant shall at its own
expense secure any and all licenses, permits
or certificates that may be required by any
federal, state or local statute, ordinance or
regulation for the performance of the Services
under the Agreement. Consultant shall also
comply with the provisions of all Applicable
Laws in performing the Services under the
Agreement. At its own expense and at no cost
to City, Consultant shall make any change,
alteration or modification that may be
necessary to comply with any Applicable Laws
that Consultant failed to comply with at the
time of performance of the Services.
31. Media Releases. Except for any
announcement intended solely for internal
distribution by Consultant or any disclosure
required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consultant, all media releases, public
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announcements, or public disclosures
(including , but not limited to, promotional or
marketing material) by Consultant or its
employees or agents relating to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
be coordinated with and approved in writing by
City prior to the release thereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
been approved or endorsed by City or include
the name , trade mark , or symbol of City on a
list of Consultant's customers without City's
express written consent.
32 . Nonexclusive Market and Purchase
Rights. It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services . Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions .
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall not constitute commitments .
33. Survival. The provisions of Sections 5,
8(g), 10, 11, 13, 14, 16, 17, 19 , 23, 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
34. Verification of Compliance with C.R.S.
8-17.5-101 ET.SEQ. Regarding Hiring of
Illegal Aliens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Consultant shall not contract with a sub-
consultant that fails to certify to the Consultant
that the sub-consultant will not knowingly
employ or contract with an illegal alien to
perform work under this Contract. [CRS 8-
17 .5-102(2)(a)(I) & (II).]
(b) Verification: Consultant will
participate in either the E-Verify program or the
Department program, as defined in C.R.S . 8-
17.5-101 (3 .3) and 8-17 .5-101 (3.7),
respectively, in order to confirm the
employment eligibility of all employees who are
newly hired for employment to perform work
under this public contract for services.
Consultant is prohibited from using the E-Verify
program or the Department program
procedures to undertake pre-employment
screening of job applicants while this contract
is being performed.
(c) Duty to Terminate a
Subcontract: If Consultant obtains actual
knowledge that a sub-consultant performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall;
(1) notify the sub-consultant and
the City within three days that the
Consultant has actua l knowledge that
the sub-consultant is employing or
contracting with an illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiving notice required
pursuant to this paragraph the sub-
consultant does not stop employing or
contracting with the illegal alien; except
that the Consultant shall not terminate
the contract with the sub-consultant if
during such three days the sub-
consultant provides information to
establish that the sub-consultant has
not knowingly employed or contracted
with an illegal alien.
(d) Duty to Comply with State
Investigation: Consultant shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made in
the course of an investigation by that the
Department is undertaking pursuant to C.R.S .
8-17 .5-102 (5)
(e) Damages for Breach of Contract:
The City may terminate this contract for a
breach of contract, in whole or in part, due to
Consultant's breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17 .5-102. Consultant shall be liable for
actual and consequential damages to the City
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in addition to any other legal or equitable
remedy the City may be entitled to for a breach
of this Contract under this Paragraph 34.
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IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
CITY OF ENGLEWOOD, COLORADO
(Department Director)
Stu Fonda, L/E WWTP Director
By: ________________ Date: _____ _
(Mayor)
Randy P. Penn
City Clerk -Loucrishia A. Ellis
AmWest Control, Inc.
(Consultant Name)
10175 E. 106th Ave
Address
Brighton, CO 80601
City, State, Zip Code
By:~-
(Signature)
Glenn A Allison
(Print Name)
Title: Vice President
Date: 3/17/15
STATE OF ______ )
) SS.
COUNTY OF ______ )
On this ____ day of _________ , 20_, before me personally appeared ___ _
________ , known to me to be the of
-------------------' 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: _______ _
NOTARY
II
1. GENERAL
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
(Provide the requested below information)
[Identification of parties and date of execution)
[Reference to Professional Services Agreement by date]
2. NAMES OF PROJECT COORDINATORS
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
[General description of work or services]
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
5. OTHER CONSULTANT RESOURCES
[If desired, provide for the Consultant's commitment of its own staff, facilities, and other
resources by nature or item)
6 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
[Include functional and technical specifications of Work Product and Documentation, and refer
to any specific enhancements that may be sought.]
[Describe prototype or components to be delivered.]
[Include as Deliverables copies of the reports of all project reviews, inspections, and tests
conducted during the course of performance .]
7. SPECIAL TERMS, IF ANY
8. MODE OF PAYMENT
9. PAYMENT SCHEDULE
City will pay Consultant for the work in accordance with the following payment schedule. All
payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth
in the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant
that the Deliverables-Milestones have been satisfied.
[Insert payment schedule)
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and delivery of
the Deliverables by Consultant.
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Performance
Milestone
Responsible
Party
11. ACCEPTANCE AND TESTING PROCEDURES
12 . LOCATION OF WORK FACILITIES
Target
Date
Substantially all of the work will be conducted by Consultant at its regular office located in
City will provide the City office space and support as it agrees may be appropriate, at its
______ facility.
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated , 20_, the parties have executed this Statement
of Work as of this day of , 20_.
CITY OF ENGLEWOOD, COLORADO
By: -----.,.----,--------
(Signature)
(Print Name)
Title:-------------
Date : _____________ _
Consultant Name
By: ___________ _
(Signature)
(Print Name}
Title: ____________ _
Date : -------------
13
To:
Subject:
From:
Date:
Cindy Goodburn
City of Englewood
Cgoodburn@englewoodgov.org
Proposal for Instrumentation and Control Service for the
Littleton/Englewood Wastewater Treatment Plant
Adam Petramala
Am West Control
October 7, 2014
The purpose of this proposal is to define the scope of work and pricing for an Instrument and
Controls Service Proposal for the Littleton/Englewood Wastewater treatment plant (referenced as
LIE WWP in the remainder of this proposal). The purpose of these support services is to provide
assistance with instrumentation and control hardware
The scope of work will include the following general scope items . Each scope item will be
further defined in following sections .
I. On Call Service
2. Training of I&C Personnel
3. Periodic and Preventative Maintenance Program Development
4. Maintenance and Updating of Drawings
5. Quarterly Review Meetings
1. On Call Service
On Call Service will be provided on an "as needed" and "as available" basis during
normal working hours and will be invoiced as used. Invoices will include travel time to
and from the job-site. The intent of On Call Service is to provide service as a back-up to
UE personnel in an emergency where redundancy is either not provided or not currently
functioning and the operations of the plant are in jeopardy.
Due to the complex nature of the systems at LIE, the Am West service representative may
not have in depth knowledge of all aspects of the plant and all of the related subsystems
involved with a given service issue. Additional support may be required via phone with
other Am West support personnel as well as vendor support lines .
It is anticipated that on-call service will be utilized infrequently and can be provided
without the addition of Am West service personnel. In the event that on-call service is
utilized often, the Am West ability to support this option may need to be re-visited.
2. Training of L/E l&C Personnel
Am West Control Inc . Page 1 of 3
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Am West Service personnel will work with LIE Service personnel to train them on
troubleshooting and maintenance tasks . This training will include "on the job" training as
well as training classes.
For on the job training, LIE personnel may either observe the tasks performed by
Am West or perform the tasks themselves with Am West personnel observing or verifying
the task after it is completed.
Training classes will be developed as needed for spec ific service duties . Training classes
and on-the-job training will be identified with LIE management and will be scheduled in
advance based on LIE needs and Am West availability. Classes will be documented and
will be developed to include LIE specific needs and procedures with the intent that LIE
personnel use them at a later date.
3. Periodic and Preventative Maintenance Program Development
Am West will work with LIE to develop a periodic and preventative maintenance
procedures . Am.West will work with LIE personnel to develop an outline of the
procedures and LIE personnel will incorporate the procedures into the LIE DataStream 7i
maintenance system.
Procedures will be developed for the following equipment:
A. Motor Control Hardware to include
1. MC Cs
ii. Variable Frequency Drives
m . Reduced Voltage Soft Starts
B. Instrumentation
1. Calibration including maintenance of records
u. Am West will work with LIE to determine if the maintenance records can be
integrated into the DataStream Calibration Module.
C. Control Panels
i. Physical Panel maintenance (including inventory of batteries and spare
parts)
u. Panel Cleaning Schedule including cabin filter cleaning/replacement
111. UPS maintenance
4. Maintenance and Updating of Drawings
Drawings will be updated on a time and materials basis . LIE personnel and Am West
Service personnel will identify changes that need to be made and redline the drawings .
The Am West Engineering and Drafting department will maintain drawings using
AutoCAD software and will deliver hardcopy as well as electronic files for the drawings .
5. Quarterly Meetings
The Am West Service Manager will meet on a regular basis (at least once per quarter) to
review customer satisfaction and evaluate any contract changes that need to be considered
either immediately or in the next service contract.
Am West Control Inc . Page 2of3
s erv1ce Ct tT dP .. on rac 1ere ncm2
Scheduled
Service Technician 1
Service Technician 2
Service Technician 3
Drawing Revisions-CAD
I Serviee Teehnieian Emergeney Callout
Units
Hours
Hours
Hours
Hours
I Heurs
Rate
$105/hour
$125/hour
$155/hour
$75/hour
I $225/hour (not currently
part of this proposal)
Estimated "not to exceed" annual service cost= $48,000.00. If it appears that this
$48,000 will be exceeded either through planned or Emergency work, Am West will
notify LIE WWTP Business Services Administrator in writing prior to commencing the
work. Approval to commence work will be in writing.
This estimate is based on the following :
-Average of 8 scheduled hours per week for 35 weeks
-Average of 4 each 8-hour service call per year during normal working hours
-Average of 2 basic drawing changes per month
Schedule note:
Due to the training focus of the anticipated services the schedule of hours becomes more
critical. Am West services should be scheduled at least two weeks in advance with the
Am West Service Manager and will be subject to the availability of service personnel with
the correct skill set. Effort will need to be made by both parties to schedule this work in
blocks of time to assure continuity of efforts.
Please review the summary above and let Am West know how you would like to proceed.
Sincerely,
Adam Petramala
Service Manager
Am West Control Inc.
Am West Control Inc. Page 3of3
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 6, 2015 9 c iv Engineering and Environmental -
Professional Services Agreement
INITIATED BY
Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee
STAFF SOURCE
Chong Woo, Engineering/Maintenance Manager
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approval of the 2015 Littleton/Englewood Wastewater Treatment Plant Budget.
RECOMMENDED ACTION
The Littleton /Englewood Wastewater Treatment Plant Supervisory Committee recommended on
January 15, 2015, Council approve, by Motion, an extension of a professional services agreement with an
updated scope of work for 2015 with Brown and Caldwell in the amount not to exceed $40,000 for
engineering and environmental services for the Littleton /Englewood Wastewater Treatment Plant (L /E
WWTP) .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
To maintain and help support the day-to-day operation and maintenance of the L/E WWTP, staff on
occasion will require consultant support in the areas of engineering and environmental services. Services
generally consist of design review, specification support, record drawing support, troubleshooting and
investigation support during process and equipment failures , regulatory assistance, and permitting support.
Specific past examples of services have included:
• Test and balance of HVAC associated w ith foul air treatment and scrubbing sy stems
• Concrete structural inspection and evaluation of the raw wastew ater influent channels
• Developing options to improve raw w astewater screenings collection and convey ance
• Designing options to modify electrical switchgear associated with the emergency generator to
improve staff safety
• Modeling and developing recommendations to improv e raw influent pumping efficiency
• Reviewing Xcel Energy 's re c ommendation to replace the fuses to our two primary electrical
feeders
• Reviewing and designing recommendations to update area classifications to newer and more
stringent electrical codes
• Concrete dome inspections in our digester complex
• Concrete structural inspection and recommendation report regarding our primary clarifier tanks
• Regulatory assistance working with the State regarding the new Nutrient regulations
• Regulatory assistance in negotiating new limitations regarding the L/E WWTP discharge permit
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The L/E WWTP currently does not possess the staff capacity to perform the above tasks; seeking outside
consultant services has proven to be the most cost effective and time beneficial to meet our requirements .
Staff is recommending Brown and Caldwell to perform the engineering and environmental services . The •
Brown and Caldwell staff has relevant experience with wastewater treatment systems; technical expertise in
the areas of process equipment, structural analysis, and engineering design and specifications; and has
access to a wide network of resources to provide effective services. Additionally, Brown and Caldwell is
equipped with the past history, knowledge, and understanding of our specific wastewater treatment process
to provide efficient and cost benefit services .
FINANC IAL IMPACT
Funds for this agreement are included in the 2 015 L/E WWTP budget and as Professional Services, the cost
of which will be shared 50/50 by the Cities of Littleton and Englewood.
LIST OF ATTACHMENTS
Professional Services Agreement -May 25, 2011
Statement of Work -2015
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is made as of this 22... day of , 2011, (the
"Effective Date") by and between 13row ... i C«ldl&.eJI , a C9 ljtp,c.a1'o corporation ("Consultant" , and The City of
Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado ("City").
City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data
conversion services, training services, and/or related services as described herein, and Consultant desires to perfonn such
services on behalf of City on the terms and conditions set forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below shall be defined
as follows:
(a) "Intellectual Property Rights" shall
mean any and all (by whatever name or term known or
designated) tangible and intangible and now known or
hereafter existing (1) rights associate with works of
authorship throughout the universe, including but not
limited to copyrights, moral rights, and mask-works, (2)
trademark and trade name rights and similar rights, (3)
trade secret rights, (4) patents, designs, algorithms and
other industrial property rights, (5) all other intellectual
and industrial property rights (of every kind and nature
throughout the universe and however designated)
(including logos, "rental" rights and rights to
remuneration), whether arising by operation of law,
contract, license, or otherwise, and (6) all registrations,
initial applications, renewals, extensions, continuations,
divisions or reissues hereof now or hereafter in force
(including any rights in any of the foregoing).
(b) "Work Product" shall mean all patents,
patent applications, inventions, designs, mask works,
processes, methodologies, copyrights and copyrightable
works, trade secrets including confidential information,
data, designs, manuals, training materials and
documentation, formulas, knowledge of manufacturing
processes, methods, prices, financial and accounting data,
products and product specifications and all other
Intellectual Property Rights created, developed or
prepared, documented and/or delivered by Consultant,
pursuant to the provision of the Services.
2. Statements of Work. During the term hereof
and subject to the terms and conditions contained herein,
Consultant agrees to provide, on an as requested basis, the
consulting services, systems integration services, data
conversion services, training services, and related services
(the "Services") as further described in Schedule A (the
"Statement of Work") for City, and in such additional
Statements of Work as may be executed by each of the
parties hereto from time to time pursuant to this
Agreement. Each Statement of Work shall specify the
scope of work, specifications, basis of compensation and
payment schedule, estimated length of time required to
complete each Statement of Work, including the
estimated start/finish dates, and other relevant
information and shall incorporate all terms and conditions
contained in this Agreement
3. Performance of Services.
(a) Performance. Consultant shall
perfonn the Services necessary to complete all projects
outlined in a Statement of Work in a timely and
professional manner consistent with the specifications, if
any, set forth in the Statement of Work, and in accordance
with industry standards. Consultant agrees to exercise the
degree of professionalism, and to utilize its expertise and
creative talents consistent with generally accepted
industry standards and practices in completing the
projects outlined in a Statement of Work.
(b) Delays. Consultant agrees to notify
City promptly of any factor, occurrence, or event coming
to its attention that may affect Consultant's ability to meet
the requirements of the Agreement, or that is likely to
occasion any material delay in completion of the projects
contemplated by this Agreement or any Statement of
Work. Such notice shall be given in the event of any loss
or reassignment of key employees, threat of strike, or
major equipment failure. Time is expressly made of the
essence with respect to each and every term and provision
of this Agreement.
(c) Discrepancies. If anything necessary
for the clear understanding of the Services has been
omitted from the Agreement specifications or it appears
that various instructions are in conflict, Vendor shall
secure written instructions from City's project director
before proceeding with the performance of the Services
affected by such omissions or discrepancies.
4. Invoices and Payment. Unless otherwise
provided in a Statement of Work, City shall pay the
amounts agreed to in a Statement of Work within thirty
(30) days following the acceptance by City of the work
called for in a Statement of Work by City. Acceptance
procedures shall be outlined in the Statement of Work. If
City disputes all or any portion of an invoice for charges,
then City shall pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion of the
invoice. City shall notify Consultant as soon as possible
of the specific amount disputed and shall provide
reasonable detail as to the basis for the dispute. The
parties shall then attempt to resolve the disputed portion
of such invoice as soon as possible. Upon resolution of
the disputed portion, City shall pay to Consultant the
resolved amount
S. Taxes. City is not subject to taxation. No
federal or other taxes (excise, luxury, transportation,
sales, etc.) shall be included in quoted prices. City shall
not be obligated to pay or reimburse Consultant for any
taxes attributable to the sale of any Services which are
imposed on or measured by net or gross income, capital,
net worth, franchise, privilege, any other taxes, or
assessments, nor any of the foregoing imposed on or
payable by Consultant. Upon written notification by City
and subsequent verification by Consultant, Consultant
shall reimburse or credit, as applicable, City in a timely
manner, for any and all taxes erroneously paid by City.
City shall provide Consultant with, and Consultant shall
accept in good faith, resale, direct pay, or other exemption
certificates, as applicable.
6. Out of Pocket Expenses. Consultant shall be
reimbursed only for expenses which are expressly
provided for in a Statement of Work or which have been
approved in advance in writing by City, provided
Consultant has furnished such documentation for
authorized expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and inspectors as
City may designate with reasonable access to all sites
from which Services are perfonned for the purposes of
performing audits or inspections of Consultant's
operations and compliance with this Agreement.
Consultant shall provide such auditors and inspectors any
reasonable assistance that they may require. Such audits
shall be conducted in such a way so that the Services or
services to any other customer of Consultant are not
impacted adversely.
8. Term and Termination. The tenn of this
Agreement shall commence on the Effective Date and
shall continue unless this Agreement is terminated as
provided in this Section 8.
(a) Convenience. City may, without cause and
without penalty, terminate the provision of Services under
any or all Statements of Work upon thiny (30) days prior
written notice. Upon such termination, City shall, upon
receipt of an invoice from Consultant, pay Consultant for
Services actually rendered prior to the effective date of
such termination . Charges will be based on time expended
for all incomplete tasks as listed in the applicable
Statement of Work, and all completed tasks will be
charged as indicated in the applicable Statement of Work.
(b) No Outstanding Statements of Work.
Either pany may terminate this Agreement by providing
the other party with at least thiny (30) days prior written
notice of ·tennination if there are no outstanding
Statements of Work.
(c) Payment Default. If City defaults in the
payment of any amount due under any Statement of Work
and does not cure the default within fifteen ( 15) days after
receiving written notice of such default, then Consultant
may terminate the affected Statement of Work by
providing fifteen (15) days prior written notice of
termination to City.
(d) Material Breach. If either party materially
defaults in the performance of any term of a Statement of
Work or this Agreement with respect to a specific
Statement of Work (other than by nonpayment) and does
not substantially cure such default within thirty (30) days
after receiving written notice of such default, then the
non-defaulting party may terminate this Agreement or any
or all outstanding Statements of Work by providing ten
(10) days prior written notice of termination to the
defaulting party.
(e) Bankruptcy or Insolvency. Either party
may terminate this Agreement effective upon written
notice stating its intention to terminate in the event the
other party: (I) makes a general assignment of all or
substantially all of its assets for the benefit of its creditors;
(2) applies for, consents to, or acquiesces in the
appointment of a receiver, trustee, custodian, or liquidator
for its business or all or substantially all of its assets; (3)
files, or consents to or acquiesces in, a petition seeking
relief or reorganization under any bankruptcy or
insolvency laws; or (4) files a petition seeking relief or
reorganization under any bankruptcy or insolvency laws
is filed against that other party and is not dismissed within
sixty (60) days after it was filed .
(t) TABOR. The parties understand and
acknowledge that each party is subject to Article X, § 20
of the Colorado Constitution ("TABOR"). The parties do
not intend to violate the terms and requirements of
TABOR by the execution of this Agreement. It is
understood and agreed that this Agreement does not create
a multi-fiscal year direct or indirect debt or obligation
within the meaning of TABOR and, notwithstanding
anything in this Agreement to the contrary, all payment
obligations of City are expressly dependent and
conditioned upon the continuing availability of funds
beyond the term of City's current fiscal period ending
upon the next succeeding December 31. Financial
obligations of City payable after the current fiscal year are
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contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of
City and applicable law. Upon the failure to appropriate
such funds, this Agreement shall be deemed terminated.
(g) Return of Property. Upon termination of
this Agreement, both parties agree to return to the other all
property (including any Confidential Information, as
defined in Section 11) of the other party that it may have
in its possession or control.
9. City Obligations. City will provide timely
access to City personnel, systems and information
required for Consultant to perform its obligations
hereunder. City shall provide to Consultant's employees
performing its obligations hereunder at City's premises,
without charge, a reasonable work environment in
compliance with all applicable laws and regulations,
including office space, furniture, telephone service, and
reproduction, computer, facsimile, secretarial and other
necessary equipment, supplies, and services. With respect
to all third party hardware or software operated by or on
behalf of City, City shall, at no expense to Consultant,
obtain all consents, licenses and sublicenses necessary for
Consultant to perform under the Statements of Work and
shall pay any fees or other costs associated with obtaining
such consents, licenses and sublicenses.
10. Staff. Consultant is an independent contractor
and neither Consultant nor Consultant's staff is, or shall
be deemed to be employed by City. City is hereby
contracting with Consultant for the Services described in
a Statement of Work and Consultant reserves the right to
determine the method, manner and means by which the
Services will be performed. The Services shall be
performed by Consultant or Consultant's staff, and City
shall not be required to hire, supervise or pay any
assistants to help Consultant perform the Services under
this Agreement. Except to the eittent that Consultant's
work must be performed on or with City's computers or
City's existing software, all materials used in providing
the Services shall be provided by Consultant.
11. Confidential Information.
(a) Obligations. Each party hereto may receive
from the other party information which relates to the other
party's business, research, development, trade secrets or
business affairs ("Confidential Information"). Subject to
the provisions and exceptions set forth in the Colorado
Open Records Act, CRS Section 24-72-101 et. seq ., each
party shall protect all Confidential Information of the
other party with the same degree of care as it uses to avoid
unauthorized use, disclosure, publication or dissemination
of its own confidential information of a similar nature, but
in no event less than a reasonable degree of care.
Without limiting the generality of the foregoing, each
party hereto agrees not to disclose or permit any other
person or entity access to the other party's Confidential
Information except such disclosure or access shall be
permitted to an employee, agent, representative or
independent contractor of such party requiring access to
the same in order to perform his or her employment or
services. Each party shall insure that their employees,
agents, representatives, and independent contractors.
Consultants are advised of the confidential nature of the
Confidential Information and are precluded from taking
any action prohibited under this Section 11. Further, each
party agrees not to alter or remove any identification,
copyright or other proprietary rights notice which
indicates the ownership of any part of such Confidential
Information by the other party. A party hereto shall
undertake to immediately notify the other party in writing
of all circumstances surrounding any possession, use or
knowledge of Confidential Information at any location or
by any person or entity other than those authorized by this
Agreement. Notwithstanding the foregoing, nothing in
this Agreement shall restrict either party with respect to
information or data identical or similar to that contained in
the Confidential Information of the other party but which
(1) that party rightfully possessed before it received such
information from the other as evidenced by written
documentation; (2) subsequently becomes publicly
available through no fault of that party; (3) is
subsequently furnished rightfully to that party by a third
party without restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that the
disclosing party will exercise reasonable efforts to notify
the other party prior to disclosure.
(b) Know-How. For the avoidance of doubt
neither City nor Consultant shall be prevented from
making use of know-how and principles learned or
experience gained of a non-proprietary and
non-confidential nature.
(c) Remedies. Each of the parties hereto agree
that if any of them, their officers, employees or anyone
obtaining access to the Confidential Information of the
other party by, through or under them, breaches any
provision of this Section 11, the non-breaching party shall
be entitled to an accounting and repayment of all profits,
compensation, commissions, remunerations and benefits
which the breaching party, its officers or employees
directly or indirectly realize or may realize as a result of or
growing out of, or in connection with any such breach. In
addition to, and not in limitation of the foregoing, in the
event of any breach of this Section 11, the parties agree
that the non-breaching party will suffer irreparable harm
and that the total amount of monetary damages for any
such injury to the non-breaching party arising from a
violation of this Section l l would be impossible to
calculate and would therefore be an inadequate remedy at
law. Accordingly, the parties agree that the
non-breaching party shall be entitled to temporary and
permanent injunctive relief against the breaching party, its
officers or employees and such other rights and remedies
to which the non-breaching party may be entitled to at
law, in equity or under this Agreement for any violation of
this Section 1 I . The provisions of this Section 11 shall
survive the expiration or tennination of this Agreement
for any reason.
12. Project Managers. Each party shall designate
one of its employees to be its Project Manager under each
Statement of Work, who shall act for that party on all
matters under the Statement of Work. Each party shall
notify the other in writing of any replacement of a Project
Manager. The Project Managers for each Statement of
Work shall meet as often as either one requests to review
the status of the Statement of Work.
13. Warranties.
(a) Authority. Consultant represents and
warrants that: (1) Consultant has the full corporate right,
power and authority to enter into this Agreement and to
perform the acts required of it hereunder; (2) the
execution of this Agreement by Consultant, and the
performance by Consultant of its obligations and duties
hereunder, do not and will not violate any agreement to
which Consultant is a party or by which it is otherwise
bound under any applicable law, rule or regulation; (3)
when executed and delivered by Consultant, this
Agreement will constitute the legal, valid and binding
obligation of such party, enforceable against such party in
accordance with its terms; and (4) Consultant
acknowledges that City makes no representations,
warranties or agreements related to the subject matter
hereof that are not expressly provided for in this
Agreement
(b) Service Warranty. Consultant warrants
that its employees and subcontractors shall have sufficient
skill, knowledge, and training to perform Services and
that the Services shall be performed in a professional and
workmanlike manner in accordance with the usual
thoroughness and competence of the engineering
profession.
(c) Personnel. Unless a specific number of
employees is set forth in the Statement of Work,
Consultant warrants it will provide sufficient employees
to complete the Services ordered within the applicable
time frames established pursuant to this Agreement or as
set forth in the Statement of Work. During the course of
performance of Services, City may, for any or no reason,
request replacement of an employee or a proposed
employee. In such event, Consultant shall, within five (5)
working days of receipt of such request from City,
provide a substitute employee of sufficient skill,
knowledge, and training to perform the applicable
Services. Consultant shall require employees providing
Services at a City location to comply with applicable City
security and safety regulations and policies.
(d) Compensation and Benefits. Consultant
shall provide for and pay the compensation of employees
and shall pay all taxes, contributions, and benefits (such
as, but not limited to, workers' compensation benefits)
which an employer is required to pay relating to the
employment of employees. City shall not be liable to
Consultant or to any employee for Consultant's failure to
perform its compensation, benefit, or tax obligations.
Consultant shall indemnify, defend and hold City
harmless from and against all such taxes, contributions
and benefits and will comply with all associated
governmental regulations, including the filing of all
necessary reports and returns.
14. Indemnification.
(a) Consultant Indemnification. Consultant
shall indemnify, defend and hold harmless City, its
directors, officers, employees, and agents and the heirs,
executors, and successors of any of the foregoing (the
"City Indemnitees") from and against all losses, claims,
obligations, demands, assessments, fines and penalties
(whether civil or criminal), liabilities, expenses and costs
(including reasonable fees and disbursements of legal
counsel and accountants), bodily and other personal
injuries, damage to tangible property, and other damages,
of any kind or nature, suffered or incurred by a City
Indemnitee directly or indirectly arising from or related
to: (I) any negligent or intentional act or omission by
Consultant or its representatives in the performance of
Consultant's obligations under this Agreement, or (2) any
material breach in a representation, warranty, covenant or
obligation of Consultant contained in this Agreement.
(b) Infringement. Consultant will indemnify,
defend, and hold City harmless from all Indemnifiable
Losses arising from any third party claims that any Work
Product or methodology supplied by Consultant infringes
or misappropriates any Intellectual Property rights of any
third party; provided, however, that the foregoing
indemnification obligation shall not apply to any alleged
infringement or misappropriation based on: (l) use of the
Work Product in combination with products or services
not provided by Consultant to the extent that such
infringement or misappropriation would have been
avoided if such other products or services had not been
used; (2) any modification or enhancement to the Work
Product made by City or anyone other than Consultant or
its subconsultants; or (3) use of the Work Product other
than as permitted under this Agreement.
(c) Indemnification Procedures.
Notwith-standing anything else contained in this
Agreement, no obligation to indemnify which is set forth
in this Section 14 shall apply unless the party claiming
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indemnification notifies the other party as soon as
practicable to avoid any prejudice in the claim. suit or
proceeding of any matters in respect of which the
indemnity may apply and of which the notifying party has
knowledge and gives the other party the opportunity to
control the response thereto and the defense thereof;
provided, however, that the party claiming
indemnification shall have the right to participate in any
legal proceedings to contest and defend a claim for
indemnification involving a third party and to be
represented by its own attorneys, all at such party's cost
and expense; provided further, however, that no
settlement or compromise of an asserted third-party claim
other than the payment/money may be made without the
prior written consent of the party claiming
indemnification.
(d) Immunity. City, its officers, and its
employees, are relying on, and do not waive or intend to
waive by any provision of this Agreement, the monetary
limitations or any other rights, immunities, and
protections provided by the Colorado Governmental
Immunity Act, C .R.S. 24-IO-IOl et seq., as from time to
time amended, or otherwise available to City, its officers,
or its employees.
15. Insurance.
(a) Requirements. Consultant agrees to keep
in full force and effect and maintain at its sole cost and
expense the following policies of insurance during the
term of this Agreement:
(I) Statutory Worker's Compensation,
including occupational disease, in accordance with law.
(2) Commercial General Liability
Insurance (including contractual liability insurance)
providing coverage for bodily injury and property damage
with a combined single limit of not less than one million
dollars ($1,000,000) per occurrence.
(3) Professional Liability/Errors and
Omissions Insurance covering the negligent acts, errors
and omissions arising out of Consultant's professional
operations or Services in an amount not less than one
million dollars ($1,000,000) per claim.
(4) Employee Dishonesty and Computer
Fraud Insurance covering losses arising out of or in
connection with any fraudulent or dishonest acts
committed by Consultant personnel, acting alone or with
others, in an amount not less than one million dollars
($-1,000,000) per occurrence.
(b) Approved Companies. All such insurance
shall be procured with such insurance companies of good
standing, permitted to do business in the country, state or
territory where the Services are being performed.
(c) Certificates. Consultant shall provide City
with certificates of insurance evidencing compliance with
this Section 15 (including evidence of renewal of
insurance) signed by authorized representatives of the
respective carriers for each year that this Agreement is in
effect. Each certificate of insurance shall provide that the
issuing company shall not cancel, reduce, or orherwise
materially change the insurance afforded under the above
policies unless thirty (30) days' notice of such
cancellation, reduction or material change has been
provided to City.
16. Rights in Work Product.
(a) Generally. Except as specifically agreed to
the contrary in any Statement of Work, all Intellectual
Property Rights in and to the Work Product produced or
provided by Consultant under any Statement of Work
shall remain the property of Consultant. With respect to
the Work Product, Consultant unconditionally and
irrevocably grants to City during the term of such
Intellectual Property Rights, a non-exclusive, irrevocable,
perpetual, worldwide, fully paid and royalty-free license,
to reproduce, create derivative works of, distribute,
publicly perform and publicly display by all means now
known or later developed, such Intellectual property
Rights.
(b) Know-How. Notwithstanding anything
to the contrary herein, each party and its respective
personnel and consultants shall be free to use and employ
its and their general skills, know-how, and expertise, and
to use, disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or skills
gained or learned during the course of any assignment, so
long as it or they acquire and apply such information
without disclosure of any Confidential Information of the
other party.
17. Relationship or Parties. Consultant is acting
only as an independent contractor and does not undertake,
by this Agreement, any Statement of Work or otherwise,
to perform any obligation of City, whether regulatory or
contractual, or to assume any responsibility for City 's
business or operations. Neither party shall act or
represent itself, directly or by implication, as an agent of
the other, except as expressly authorized in a Statement of
Work.
18. Complete Agreement. This Agreement
contains the entire agreement between the parties hereto
with respect to the matters covered herein .
19. Applicable Law. Consultant shall comply with
all applicable laws in performing Services but shall be
held harmless for violation of any governmental
procurement regulation to which it may be subject but to
which reference is not made in the applicable Statement of
Work. This Agreement shall be construed in accordance
with the laws of the State of Colorado. Any action or
proceeding brought to interpret or enforce the provisions
of this Agreement shall be brought before the state or
federal court situated in Arapahoe County, Colorado and
each party hereto consents to jurisdiction and venue
before such courts.
20. Scope of Agreement. If the scope of any
provisions of this Agreement is too broad in any respect
whatsoever to permit enforcement to its fullest extent,
then such provision shall be enforced to the maximum
extent permitted by law, and the parties hereto consent to
and agree that such scope may be judicially modified
accordingly and that the whole of such provision of this
Agreement shall not thereby fail, but that the scope of
such provision shall be curtailed only to the extenc
necessary to conform to law.
21. Additional Work. After receipt of a Statement
of Work, City, with Consultant's consent, may request
Consultant to undertake additional work with respect to
such Statement of Work. In such event, City and
Consultant shall execute an addendum to the Statement of
Work specifying such additional work and the
compensation to be paid to Consultant for such additional
work.
22. Subcontractors. Consultant may not
subcontract any of the Services to be provided hereunder
without the prior written consent of City. In the event of
any permitted subcontracting. the agreement with such
third party shall provide thar, with respect to the
subcontracted work, such subcontractor shall be subject to
all of the obligations of Consultant specified in this
Agreement.
23. Notices. Any notice provided pursuant to this
Agreement shall be in writing to the parties at the
addresses set forth below and shall be deemed given ( 1) if
by hand delivery, upon receipt thereof, (2) three (3) days
after deposit in the United States mails, postage prepaid,
certified mail, return receipt requested or (3) one (1) day
after deposit with a nationally-recognized overnight
courier, specifying overnight · priority delivery. Either
party may change its address for purposes of this
Agreement at any time by giving written notice of such
change to the other party hereto.
24. Assignment. This Agreement may not be
assigned by Consultant without the prior written consent
of City. Except for the prohibition of an assignment
contained in the preceding sentence, this Agreement shall
be binding upon and inure to the benefit of the heirs,
successors and assigns of the parties hereto.
25. Third Party Beneficiaries. This Agreement is
entered into solely for the benefit of the parties hereto and
shall not confer any rights upon any person or entity not a
party to this Agreement.
26. Headings. The section headings in this
Agreement are solely for convenience and shall not be
considered in its interpretation. The recitals set forth on
the first page of this Agreement are incorporated into the
body of this Agreement. The exhibits referred to
throughout this Agreement and any Statement of Work
prepared in conformance with this Agreement are
incorporated into this Agreement.
27. Waiver. The failure of either party at any time
to require performance by the other party of any provision
of this Agreement shall not effect in any way the full right
to require such performance at any subsequent time; nor
shall the waiver by either party of a breach of any
provision of this Agreement be taken or held to be a
waiver of the provision itself.
28. Force Majeure. If performance by Consultant
of any service or obligation under this Agreement is
prevented, restricted, delayed or interfered with by reason
of labor disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials, rationing, utility or
communications failures, earthquakes, war, revolution,
civil commotion, acts of public enemies, blockade,
embargo or any law, order, proclamation, regulation,
ordinance, demand or requirement having legal effect of
any governmental or judicial authority or representative
of any such government, or any other act whether similar
or dissimilar to those referred to in this clause, which are
beyond the reasonable control of Consultant, then
Consultant shall be excused from such performance to the
extent of such prevention, restriction, delay or
interference. If the period of such delay exceeds thirty
(30) days, City may, without liability, terminate the
affected Statement of Work(s) upon written notice to
Consultant.
29. Time of Performance. Time is expressly made
of the essence with respect to each and every term and
provision of this Agreement.
30. Permits. Consultant shall at its own expense
secure any and all licenses, permits or certificates that
may be required by any federal, state or local statute,
ordinance or regulation for the performance of the
Services under the Agreement. Consultant shall also
comply with the provisions of all Applicable Laws in
performing the Services under the Agreement. At its own
expense and at no cost to City, Consultant shall make any
change, alteration or modification that may be necessary
to comply with any Applicable Laws that Consultant
failed to comply with at the time of performance of the
Services.
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31. Media Releases. Except for any announcement
intended solely for internal distribution by Consultant or
any disclosure required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consultant, all media releases, public announcements, or
public disclosures (including, but not limited to,
promotional or marketing material) by Consultant or its
employees or agents relating to this Agreement or its
subject matter, or including the name, trade mark, or
symbol of City, shall be coordinated with and approved in
writing by City prior to the release thereof. Consultant
shall not represent directly or indirectly that any Services
provided by Consultant to City has been approved or
endorsed by City or include the name, trade mark, or
symbol of City on a list of Consultant's customers without
City's express written consent.
32. Nonexclusive Market and Purchase Rights. It
is expressly understood and agreed that this Agreement
does not grant to Consultant an exclusive right to provide
to City any or all of the Services and shall not prevent City
from acquiring from other suppliers services similar to the
Services. Consultant agrees that acquisitions by City
pursuant to this Agreement shall neither restrict the right
of City to cease acquiring nor require City to continue any
level of such acquisitions . Estimates or forecasts
furnished by City to Consultant prior to or during the term
of this Agreement shall not constitute commitments .
33. Survival. The provisions of Sections 5, 8(g), 10,
11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any
expiration or termination for any reason of this
Agreement.
34. Verification of Compliance with C.R.S. 8-17.5-101
ET.SEQ. Regarding Hiring of Dlegal Aliens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not knowingly employ
or contract with an illegal alien to perform work under this
Contract. Consultant shall not contract with a
sub-consultant that fails to certify to the Consuhant that
the sub-consultant will not knowingly employ or contract
with an illegal alien to perform work under this Contract.
[CRS 8-17.5-102(2)(a)(l) & (JI).]
(b) Verification: Consultant will
participate in either the E-Verify program or the
Department program, as defined in C.R.S. 8-17.5-101
(3.3) and 8-17 .5-101 (3 .7), respectively, in order to
confirm the employment eligibility of all employees who
are newly hired for employment to perform work under
this public contract for services. Consultant is prohibited
from using the E-Verify program or the Department
program procedures to undertake pre-employment
screening of job applicants while this contract is being
performed.
(c) Duty to Terminate a Subcontract: If
Consultant obtains actual knowledge that a sub-consultant
performing work under this Contract knowingly employs
or contracts with an illegal alien, the Consultant shall;
(1) notify the sub-consultant and the
City within three days that the Consultant has
actual knowledge that the sub-consultant is
employing or contracting with an illegal alien;
and
(2) terminate the subcontract with the
sub-consultant if, within three days of receiving
notice required pursuant to this paragraph the
sub-consultant does not stop employing or
contracting with the illegal alien; except that the
Consultant shall not terminate the contract with
the sub-consultant if during such three days the
sub-consultant provides information to establish
that the sub-consultant has not knowingly
employed or contracted with an illegal alien.
(d) Duty to Comply with State Investigation:
Consultant shall comply with any reasonable request of
the Colorado Department of Labor and Employment
made in the course of an investigation by that the
Department is undertaking pursuant to C.R.S. 8-17.5-102
(5)
(e) Damages for Breach of Contract: The City
may terminate this contract for a breach of contract, in
whole or in part, due to Consultant's breach of any section
of this paragraph or provisions required pursuant to CRS
8-17.5-102. Consultant shall be liable for actual and
consequential damages to the City in addition to any other
legal or equitable remedy the City may be entitled to for a
breach of this Contract under this Paragraph 34.
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the
day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By: -~..........u19Me:lllW:llllll •• Olll--..LtC)oJJ'-:Jl~~oMMv(.ll.:ll. __
(Signature)
~nn•.S \A/. g+QVJ¢
(Print Name)
Title: ..-rd ....
1
.. ~LJ(\4 ... e~·~e,...c _________ _
Date: -...:./v(---"--'-Arj-+, --=~:;::_· _,__l/ ~C._c ....;.L-1) __
(Consultant Name)
1691 Col~ 'B/vq( S ... ~+~ Zr.Jo
Address
City, State/Zip Code
Title: -""{ )..1-11 t...:::::X-::.-8r...:r:..-e;.;...s. ...;;;> A.....;__~,1,1,1..i __ _
Date: __...._S:f-"'/f)._lf'-f-}_J.-_fi,_J _) __
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SCHEDULE A
Task Order 18.ENG.2015-Engineering and Environmental Support Services for 2015
Littleton/Englewood WWTP
STATEMENT OF WORK
1. GENERAL
2.
The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) staff operates and
maintains an industrial plant valued at over $350 million. Highly sophisticated
mechanical and electrical, instrumentation , and controls equipment are used to treat up
to 100 million gallons of wastewater per day. Treatment processes and effluent water
quality are regulated by the Colorado Department of Public Health and Environment
(CDPHE) through their Colorado Discharge Permit System (COPS). The UE staff must
comply with this permit and the ever-changing regulatory requirements from both the
State and the United States Environmental Protection Agency (USEPA). Engineering
and Environmental engineering support is needed for on-call services to assist the plant
staff throughout the year regarding design , maintenance of operations, permitting,
modeling, evaluations, assessments, and other specific expertise. The UE staff has
requested Brown and Caldwell (Consultant) provide environmental engineering support
services on an as-needed basis.
Upon execution of this Task Order, and effect ive as of January 1, 2015 , the parties
agree that Brown and Caldwell shall perform the following services listed below.
Brown and Caldwell 's services shall be governed by the Professional Service Agreement
(PSA) dated May 25 , 2011, together with this Task Order and any Exhibits attached
hereto .
NAME OF PROJECT COORDINATORS
Brown and Caldwell's team will be led by Sarah Reeves . Sarah Reeves is the Project
Manager. There may be isolated needs to engage other engineers and staff to complete
work associated with this agreement. Chong Woo , Mary Gardner and Dennis Stowe will
be the managing staff for UE and this Task Order.
3 . PURPOSE FOR STATEMENT OF WORK
Brown and Caldwell shall provide as-needed support for design and environmental
engineering assistance . Services to be provided shall be verbally authorized by Chong
Woo , Mary Gardner or Dennis Stowe , and Consultant will follow up with a confirming fax
or email describing the services requested for that assignment pursuant to , and
referencing, this Agreement.
4 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
5 .
Environmental engineering assistance will be provided on an as-needed basis. Work
products and deliverables will be discussed and provided as requested by UE WWTP
staff. Larger tasks and efforts typically greater than $10,000 may be contracted
separately under the same PSA.
SPECIAL TERMS
Consultant's work product, which is prepared solely for the purposes of this agreement
including, but not limited to , drawings, test results , recommendations , and technical
specifications, whether in hard copy or electronic form , shall become the property of
Client when Consultant has been fully compensated as set forth herein . Design
calculations and/or model runs developed for the work product shall be transmitted to
the Client. Only final calculations, portable document format (PDF) images, or
spreadsheet results shall be transmitted to Client for the work product requiring the use
of proprietary models. Consultant may keep copies of all work products for its records.
6 . MODE OF PAYMENT/COMPENSATION
All work shall be performed on a time and expenses basis in accordance with the PSA
dated May 25, 2011. Time related charges are hourly billing rates and shall be the total
hours worked on a task by each employee multiplied by the employees ' hourly billing
rate. Overhead and profit are included in each hourly rate. Total cost for this Task Order
shall not exceed $40, 000 without additional written authorization. Rates for professional
services shall be in accordance with Exhibit A -Project Rate Schedule. The current rate
table is in effect until December 2015. At that time, Brown and Caldwell will propose an
update, if appropriate .
7. PAYMENT SCHEDULE
City will pay Brown and Caldwell for this work upon deliverables as agreed by Owner
and Consultant for the as-needed tasks . Monthly invoicing will note tasks that were
requested by the UE staff.
8. SCHEDULE
9.
The work under this Task Order shall be performed at various times as directed by UE
staff. This Scope of Work includes as-needed Environmental Engineering Services
requested by the Owner for the time period of January 1, 2015 thru December 31 , 2015.
LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at its regular office located
at: 1527 Cole Boulevard, Suite 300
Lakewood, CO 80401
Or the City will provide City office space and support, as appropriate, at the LIE
WWTP.
IN WITNESS WHEREOF , pursuant and in accordance with the Professional Services
Agreement between the parties hereto dated May 25, 2011, the parties have executed this
Statement of Work as of this day of ____ _
CITY OF ENGLEWOOD, COLORADO
By:
BROWN •v::WELL
_________ .By : ~Jk a&==-=
(Signature) (Signature)
Sarah Reeves
(Print Name) (Print Name)
Title: ________________ Title : Vice President
Date: _______________ Date : 24 March 2015
Exhibit A
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Drafter Trainee
Drafter
Engineering Aide
Inspection Aide
Engineer I
Senior Drafter
Senior Illustrator
lrispectorl
Engineer II
Inspector II
Lead Drafter
Lead Illustrator
Engineer Ill
Inspector Ill
Senior Designer
Supervising Drafter
Supervising Illustrator
Senior Engineer
Principal Designer
Senior Construction Engineer
Senior Engineer
Principal Engineer
Principal Construction Engineer
Supervising Designer
Supervising Engineer
Supervising Constr. Engineer
Supervising Engineer
Managing Engineer
Chief Engineer
Executive Engineer
Senior Vice President
President/Executive Vice
President
Chief Executive Officer
Field Service Technician
Field Service Technician II
Field Service Technician Ill
GeologistjHydrogeologist I
Scientist I
Senior Field Service Technician
Geologist/Hydrogeologist II
Scientist II
Word Processor I
Office/Support Services II
Word Processor II
Office/Support Services Ill
Accountant I
Word Processor Ill
Office/Support Services IV
Accountant II
Word Processor IV
Accountant Ill
Area Business Operations
Mgr
Technical Writer
Word Processing Supervisor
GeologistjHydrogeologist Ill Accountant IV
Scientist Ill Administrative Manager
Senior GeologistjHydrogeologist
Senior Scientist
Principal GeologistjHydrogeologist
Principal Scientist
Supervising Scientist
Supervising Geologist/
Hydrogeologist
Managing
Geologist/Hydrogeologist
Managing Scientist
Chief Scientist
Chief GeologistjHydrogeologist
Senior Technical Writer
Corp. Contract Administrator
Assistant Controller
Area Bus Ops Mgr IV
Corp Marketing Comm. Mgr.
Notes: Standard Billing Rates will be revised annually on a calendar-year basis.
Billing Rates will be used according to the Clas sification Level.
$73
$73
$73
$83
$92
$110
$129
$148
$168
$178
$195
$212
$212
$220
$220
$220
An Associated Project Cost (APC) of $5. 00 is included per direct lab or hour to cover the cost of in -h ouse reproduction services including
graph ics and photocopying, color printing, long-dis tan ce telephone calls including ce ll phone charges, facsimile , postage, overnight and
courier services, and CAD/computer usage.
Other direct costs shall be billed at actual cost plus a service charge, if applicable. Direct charges are all charges other than time-related
charges, incurred directly for the project.
Mileage reimbursement rate is equal to the IRS Standard Mileage Rate ($0 .575/mile) .
District I
City of Englewood
EVANS
City of Englewood, Colorado City Council District Boundaries
I I ti r·
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!::: DARTMOUTH
fi ~ ~
~
District II •District Ill District IV /'V Arterials and Collectors A/ Local Streets
0 0.5 1 1.5
Miles
February 2015
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i li I i
§ i
City of Englewood, Colorado
City Council District Analysis for the 2015 Election Cycle
Option 4:
Splits Precinct 115 along Jefferson Avenue, Delaware Street, and Kenyon Avenue
Splits Precinct 111 along Logan Street
Splits Precinct 112 along Clarkson Street
Splits Precinct 108 along Clarkson Street
District
I
II
Ill
IV
{'
9
Jan. 2015
1.5 Miles
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0.5 0 1
Option 4
Population
7,446
7,527
7,521
7,761
30,255
Registered Voters
4789
5315
5359
5235
20,698
Red indicates highest and lowest figures.
Population % Difference between highest and lowest figure = 4.2"k
Registration% Difference between highest and lowest figure= 11.9%
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Date
April 6, 2015
INITIATED BY
City Clerk's Office/Election
Commission
COUNCIL COMMUNICATION
Agenda Item
11 a i
STAFF SOURCE
Subject
Redistricting
Frank Gryglewicz, Director of Finance and Administrative
Services
Loucrishia A. Ellis, City Clerk/Election Commission Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance No. 1, Series of 2011, adopted by City Council on January 18, 2011, established the current City
Council District boundaries.
At their January 20, 2015 Study Session City Council reviewed the three redistricting options and,
specifically, Option 3, which the Election Commission recommended . Council directed staff to revisit the
options in an effort to keep the West Hampden Avenue business corridor intact within District 1.
Community Development Planner II John Voboril prepared an Option 4 based on Council's direction. City
Council reviewed Option 4 at their February 1 7, 2015 Study Session .
• RECOMMENDED ACTION
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Staff recommends Council adopt a bill for an ordinance authorizing the proposed redistricting.
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The Englewood City Charter requires that the number of registered voters be reviewed every four years in
an effort to equalize the Council Districts.
The Englewood City Charter (Article Ill, Section 20) requires that the number of registered voters should
vary no more than 15% between the highest and lowest Council Districts. We use the number of
registered voters, as determined by the number registered to vote at the preceding General Municipal
Election, which was November 5, 2013.
The Constitution of the State of Colorado (Article V, Section 46) has a population provision which case law
supports, even though the provision is not specifically applicable to municipalities. The provision stipulates
that the population of the districts reflect no more than a 5% differential between the most and the least
populated districts .
Option 4:
Population Registered Voters
District {2010 Census) (November 5,
2013)
1 7,446 4,789
2 7,527 5,315
3 7,521 5,359
4 7,761 5,235
Population % difference between highest and lowest figure= 4.2%
Registration% difference between highest and lowest figure= 11 .9%
The proposed redistricting meets both the population and registered voter criteria.
The Charter requires that redistricting be completed at least six months before the General Municipal
Election at which it is to become effective.
FINANCIAL IMPACT
Minimal [cost of printing maps]
LIST OF ATTACHMENTS
City Council District Map: Option 4
Proposed Bill for an Ordinance
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City of Englewood, Colorado
City Council District Analysis for the 2015 Election Cycle
Option 4:
Splits Precinct 115 along Jefferson Avenue, Delaware Street, and Kenyon Avenue
Splits Precinct 111 along Logan Street
Splits Precinct 112 along Clarkson Street
Splits Precinct 108 along Clarkson Street
LEGEND
Street Network
D ArapCo Voting Precincts a City Boundaries
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_Option 4 City Council Boundary Lines
Q Current City Council Districts
•District I
•District II
• District 111
District IV
District
I
Ill
IV
0 0.5
Option 4
Population
7,446
7 ,527
7 ,521
7,761
30,255
/an . 201 5
1.5 Miles
Registered Voters
4789
5315
5359
52 35
20,698
Red indicates highest and lowest figures.
Population % Difference between highest and lowest figure = 4.2%
Registration% Difference between highest and lowest figure= 11.9%
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, RELATING TO REDISTRICTING OF CITY COUNCIL DISTRICTS
WITHIN THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood City Council established the current Council District boundaries by
the passage of Ordinance No. 1, Series of 2011; and
WHEREAS, pursuant to Article III, Section 20, of the Englewood Home Rule Charter, the
four Council Districts shall be contiguous and compact and have approximately the same number
of registered voters, and every four years Council shall make such divisions, changes, and
consolidations necessary to carry out the intent of Article III, Section 20, of the Home Rule
Charter; and
WHEREAS, the Englewood City Charter requires that the number of registered voters should
vary no more than 15% between the highest and lowest Council Districts; and
WHEREAS, the Article V, Section 46 of the Constitution of the State of Colorado has a
population provision that case law supports, even though the provision is not made specifically
applicable to municipalities; and
WHEREAS, the Constitution of the State of Colorado provision stipulates that the population
of the districts reflect no more than a 5% differential between the most and the least populated
district; and
WHEREAS, the proposed redistricting meets both the population and registered voter criteria;
and
WHEREAS, the proposed redistricting meets the registered voter criteria of the Englewood
Home Rule Charter with a 11.9% differential; and
WHEREAS, pursuant to population requirements established by the Constitution of the State
of Colorado, Article V, Section 46, the proposed redistricting meets the population criteria with a
4 .2% differential; and
WHEREAS, the Englewood Home Rule Charter requires that any redistricting be completed
at least six months prior to the General Municipal Election November 3, 2015 at which it is to
become effective .
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado, hereby amends Title 1,
Chapter 5, Section 1, of the Englewood Municipal Code 2000, to read as follows :
1-5-1: Council Districts.
A. Districts Described.
Each district is located in the State of Colorado and the County of Arapahoe.
Council District No. 1 : Council District No . 1 shall include and be comprised of all
that portion of the City lying northerly and westerly of the following described line:
Beginning at the intersection of the easterly prolongation of the centerline of West
Kenyon t'\venue Jefferson Avenue and the westerly City Limit line of Englewood;
thence easterly along said centerline of West Kellj'On Jefferson Avenue to the
intersection at South Broachvay Delaware Street; thence northerly southerly along the
centerline of South Broadv1'8:)' Delaware Street to the intersection at East Floyd West
Kenyon Avenue; thence easterly along the-said centerline of East Floyd West Kenyon
A venue to the intersection at South Downing Street Broadway; thence northerly along
the centerline of South Downing Street Broadway to its the intersection at East
Hampden Avenue: thence easterly along the centerline of East Hampden Avenue to the
intersection at South Logan Street: thence northerly along the centerline of South
Logan Street to the intersection at East Floyd Avenue: thence easterly along the
centerline of East Floyd Avenue to the intersection at South Clarkson Street: thence
northerly along the centerline of South Clarkson Street to its intersection with the
northerly City Limit line.
Council District No . 2 : Council District No. 2 shall include and be comprised of all
that portion of the City lying northerly and easterly of the following described line:
Beginning at the intersection of the easterly prolongation of the centerline of East
Kenyon A venue and the easterly City Limit line of Englewood; thence westerly along
said centerline of East Kenyon A venue to the intersection at South Broadway; thence
northerly along the centerline of South Broadway to the intersection at East FleyQ
Hampden A venue; thence easterly along the centerline of East Hampden A venue to the
intersection at South Logan Street; thence easterly northerly along the centerline of
East Floyd Avenue South Logan Street to the intersection at South Do'.vning Street
East Floyd Avenue; thence northerly easterly along the centerline of~ Do•.vning
Street East Floyd A venue to its the
intersection at South Clarkson Street; thence northerly along the centerline of South
Clarkson Street to its intersection with the northerly City Limit line.
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Council District No . 3: Council District No. 3 shall include and be comprised of all
that portion of the City bounded by the following described line: Beginning at the
intersection of the easterly prolongation of the centerline of East Kenyon A venue and
the easterly City Limit line of Englewood; thence westerly along said centerline of
East Kenyon A venue to the intersection at South Broadway; thence continuing
westerly along the centerline of West Kenyon Avenue to the intersection at South
Delaware Street: thence northerly along the centerline of South Delaware Street to the
intersection at West Jefferson Avenue: thence westerly along the centerline of West
Jefferson Avenue and along the prolongation of the centerline of West Jefferson
A venue to the westerly City Limit line of Englewood; its interseetioa with thence
southwesterly along said the westerly City Limit line to its intersection with the
centerline at West Oxford Avenue; thence easterly along said centerline of West
Oxford A venue to the intersection at South Delaware Street; thence southerly along the
centerline of South Delaware Street to the intersection at West Stanford A venue;
thence easterly along the centerline of West Stanford Avenue to the intersection at
South Broadway; thence southerly along the centerline of South Broadway to the
intersection at East Belleview A venue; thence easterly along the centerline of East
Belleview Avenue to its intersection with the City Limit line; thence continuing
easterly and along said City Limit line to the easterly City Limit line at South Clarkson
Street: thence northerly along said City Limit line to the intersection with the
prolongation of the centerline of East Kenyon A venue, said point also being the Point
of Beginning.
Council District No. 4: Council District No . 4 shall include and be comprised of all
that portion of the City lying southerly and westerly of the following described line:
Beginning at the intersection of the centerline of West Oxford Avenue and the westerly
City Limit line of Englewood; thence easterly along said centerline of West Oxford
A venue to the intersection at South Delaware Street; thence southerly along the
centerline of South Delaware Street to the intersection at West Stanford Avenue;
thence easterly along the centerline of West Stanford Avenue to the intersection at
South Broadway; thence southerly along the centerline of South Broadway to the
intersection at East Belleview A venue; thence easterly along the centerline of East
Belleview A venue to its intersection with the City Limit line .
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B. Equivalent Size . The City Council finds, determines and declares that the four ( 4) districts,
as hereinabove established, contain an approximately similar number of citizens as
determined by the ±GOO 2010 Census figures. The districts contain a similar number of
registered voters as determined by the number of registered voters as of November 3, 2009
5, 2013, and the variance between the district with the highest number of registered voters
and the district with the lowest number of registered voters is not in excess of fifteen
percent (15%).
C. Annexations. All territory annexed to the City shall be and becomes a part of the Council
district to which the said district is contiguous, until such time as the Council shall
redistrict the City.
Section 2 . Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained .
Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions , suits, proceedings, or prosecutions.
Introduced, read in full , and passed on first reading on the 6th day of April, 2015 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
April, 2015.
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Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
April, 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 a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of April, 2015 .
Loucrishia A. Ellis
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 61 2015 11 a ii Easement Agreement for #5 Big Dry Creek
Trailhead
Initiated By: Staff Source:
Department of Parks and Recreation Dave Lee , Open Space M anager
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Vision: To promote and ensure a high quality of life, economic vitality, 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 to fosters safety and opportunity.
City Council was given a tour of the River Run and Orphan Property locations on Monday, June 23 , 2014.
Staff attended the Study Session on November 1 7, 2014 to discuss the easement on the east side bike path
at Union Avenue -Parcel B, the easement on the east side bike path north side of Oxford Avenue -Parcel
A and the #5 Big Dry Creek Trailhead Easement.
RECOMMENDED ACTION
• Staff recommends that City Council adopt a bill for an ordinance approving an Intergovernmental
Agreement with South Suburban Parks and Recreation District for an Easement Agreement on #5 Big Dry
Creek Trailhead.
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BACKGROUND, ANALYSIS ANO ALTERNATIVES IDENTIFIED
This easement is located at 4747 S. Wyandot Street next to the Orphan Property Trailhead.
South Suburban Parks and Recreation District reconstructed this section of the trail in order to
accommodate the construction of the new east side trail . There was an existing easement in place with the
Fire Training Academy and South Suburban Parks and Recreation District which was granted when the Big
Dry Creek Trail was built through Belleview Park and extended west to the Platte River. Since then, the City
of Englewood has taken ownership of the Fire Training Academy property, located north of the Big Dry
Creek, now called the Orphan Property, resulting in the need for a new easement agreement. The
easement will cover the new trail alignment at the circular connection point which connects the Orphan
Property Trailhead with the new east side trail.
The City of Englewood's Community Development Department has agreed that the trail complements the
current City Bicycle Plan and would be of a benefit to our residents.
The Parks and Recreation Commission at their September 11 , 2014 meeting made a recommendation to
City Council to approve the tra il connection .
FINANCIAL IMPACT
South Suburban Parks and Recreation District will maintain the trail. There is no financial impact to the City
of Englewood.
UST OF ATTACHMENTS
Trail Alignment Drawing
Memo from Parks and Recreation Commission -Recommendation to City Council
Bill for an Ordinance
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PRINTED 2015-0~·la 10:2~ SS DRll.WN BY JDL
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Memorandum
TO: Eric Keck, City Manager
THROUGH: Jerrell Black, Director of Parks and Recreation
FROM: Debby Severa, Recording Secretary ~
Parks and Recreation Commission
DATE: September 17, 2014
RE: Recommendation Bike Path Easements and Intergovernmental Agreements
At the September 11, 2014, Parks and Recreation Commission meeting, Brett Collins with
South Suburban Park and Recreation District, Bob Seams with The Greenway Team and Bill
Neuman with DHM Design were present to discuss with the Board the five bike path
easements and Intergovernmental Agreements in the City of Englewood. The five
Easements/IGA's include #1) East Side Bike Path at Union Avenue-Parcel 8, #2) East Side Bike
Path North Side of Oxford Avenue-Parcel A, #3) Big Dry Creek Trail Connection at Belleview
Park, #4) Big Dry Creek Crossing of City Ditch and #5) Big Dry Creek Trailhead Easement.
Following discussion,
A motion was made by Commission Member Woodward and seconded by Commission
Member Miller recommending to City Council to approve the five bike path easements and
agreements.
Ayes: Garrett, Husbands, Howard, Miller, Woodward, Glover, Mansbacher
Nayes: None
Motion Passed.
dsflB
H:\2014 PRC\Recommendation Bike Path Easements.dooc
cc: Mike Flaherty
Dan Brotzman
Stu Fonda
RickKahm
Dave Lee
Parks and Recreation Commission
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, AND SOUTH SUBURBAN PARK
AND RECREATION DISTRICT APPROVING AN EASEMENT ACROSS CITY PROPERTY
FOR A SEGMENT OF THE BIKE PATHWAY.
WHEREAS, the City of Englewood is the owner of the property known as the "Orphan
Property"; and
WHEREAS, the City granted an easement across this property to the South Suburban Park
and Recreation District for a bike path as a part of the South Suburban Bike Path System by
Ordinance 24, series of 2011; and
WHEREAS, at no cost to the City the South Suburban Park and Recreation District
constructed a bike path across this property; and
WHEREAS, the bike path, as built, was a different configuration from that of the easement
previously granted; and
WHEREAS, the parties wish to amend the legal description of the easement to match the
actual path.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby approves this
amendment to the Intergovernmental Agreement for an easement on the "Orphan Property" as
described in Attachment I, attached hereto, for a segment of the bike path.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 6th day of April, 2015 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
April, 20 15 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
April, 2015,
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 a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of April, 2015.
Loucrishia A. Ellis
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AMENPMENT TO THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT
REGARDING GRANT OF RECREATIONAL TRAIL EASEMENT"
Amendment to an Intergovernmental Agreement entitled "Agreement regarding Grant of
Recreational Trail Easement between the CITY OF ENGLEWOOD, Grantor and SOUTH
SUBURBAN PARK AND RECREATION DISTRICT, Grantee and dated May 6, 2011.
WHEREAS, this Agreement, authorized by Ordinance No. 24, Series of 2011, granted an
easement for a segment of a bike pathway across a parcel of City owned property known as the
"Orphan Property" located at 4747 South Wyandot Street; and
WHEREAS, that Agreement was recorded at reception No. 01096537 dated October 6, 2011;
and
WHEREAS, that Agreement provided a legal description for the easement consisting of a twelve
foot (12') wide easement of 1,175 square feet; and
WHEREAS, the Pathway, as constructed, lies outside of the legal description for the Easement;
and
WHEREAS, the parties wish to amend the Easement to accurately reflect the actual location of
the Pathway as constructed.
THEREFORE, The parties wish to emend the "Agreement Regarding Grant of Recreational Trial
Easement" dated May 6, 2011, to change the legal description of the easement to clarify the correct
location of the Bike Path and Easement as shown on the attached Exhibit A. All other terms of the
Easement shall remain the same.
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Randy P. Penn, Mayor
SIGNED this ___ day of ________ ,, 2015.
ATTEST:
Loucrishia A. Ellis, City Clerk
n K. Ostermi4J;;er, Chai_.6tnan ;_
SIGNED this ti day offf~/..P...rt!-Yl _______ , 2015 .
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EXHIBIT "A"
LEGAL DESCRIPTION
A TRAIL EASEMENT OVER AND ACROSS THAT PARCEL OF LAND DESCRIBED IN THE DOCUMENT
RECORDED UNDER RECEPTION NUMBER 01050263 IN THE RECORDS OF THE ARAPAHOE COUNTY
CLERK AND RECORDER ; SITUATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5
SOUTH, RANGE 68 WEST OF THE Siii PRINCIPAL MERIDIAN ; COUNTY OF ARAPAHOE. STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS: THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 9.
MONUMENTED AS SHOWN HEREON AND HAVING AN ASSUMED BEARING
OF NORTH 00°03'44 " EAST.
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN THE DOCUMENT
RECORDED UNDER RECEPTION NUMBER 01050263, WHENCE THE WEST QUARTER CORNER OF SAID
SECTION 9 BEARS NORTH 62°07'39" WEST , A DISTANCE OF 607 .26 FEET ;
THENCE NORTH 12"56'34" EAST, ALONG THE WEST LINE OF SAID PARCEL , A DISTANCE OF 60.51 FEET ;
THENCE NORTH 77°39'44" EAST, A DISTANCE OF 6 .81 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 50 .04 FEET . THE RADIUS POINT OF SAID CURVE
BEARS NORTH 71°24'44" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34"56'09", AN ARC
LENGTH OF 30.51 FEET TO A POINT ON SAID WEST LINE ;
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THENCE NORTH 12"56'34" EAST, ALONG SAID WEST LINE , A DISTANCE OF 25 .08 FEET TO THE •
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 66 .04 FEET, THE
RADIUS POINT OF SAID CURVE BEARS SOUTH 54 "18'28" WEST;
THENCE THE FOLLOWING FOUR (4) COURSES;
1. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45"29'14", AN ARC LENGTH
OF 52.43 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 35 .00 FEET;
2. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63"25'46", AN ARC
LENGTH OF 38 .75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 72.12 FEET;
3. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°07'51", AN ARC
LENGTH OF 24.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 229 .55 FEET ;
4. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11•59'27", AN ARC
LENGTH OF 48.04 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL;
THENCE NORTH 77°22'53 " WEST, ALONG SAID SOUTH LINE , A DISTANCE OF 28.75 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 245 .55
FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 49°16 '19" EAST;
THENCE THE FOLLOWING FOUR (4) COURSES;
V:\76614·07 -Big Dry Creek Trail Easement\Legals\76614·07 Trail Easement.docx
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1. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°13'28". AN ARC
LENGTH OF 26 .68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 56 . 12 FEET;
2. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°25'13". AN
ARC LENGTH OF 15.11 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 20 .00 FEET;
3. THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100°13'01 ", AN ARC
LENGTH OF 34 .98 FEET;
4. SOUTH 29"51'32" WEST, A DISTANCE OF 14 .18 FEET TO A POINT ON SAID SOUTH LINE ;
THENCE NORTH 77°03'26" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 7 BB FEET TO THE POINT
OF BEGINNING .
CONTAINING AN AREA OF 0.075 ACRES, (3 ,283 SQUARE FEET), MORE OR LESS .
EXHIBIT ATTACHED AND MADE A PART HEREOF .
V:\76614·07 ·Big Dry Creek Trail Easement\Legals\76614-07 Trail Easement.dooc
Page 2 of 3
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ILLUSTRATION
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SW COR., SEC. 9
TSS, R6BW, 6TH P.M .
S29'51'32"W
14.18'
N77'03'26"W
7 .BB'
TO EXHIBIT A
CURVE TABLE
CURVE DELTA RADIUS
Cl 34•55•09• 50.04'
C2 45·29•14• 66.04'
CJ 63'25'46. 35.00'
C4 19'07'51" 72.12'
C5 11'59'27" 229.55'
C6 613'28" 245.55'
C7 15'25'13" 56.12'
CB 10013'01" 20.00'
PARCEL CONTAINS
3,283 (SQ.FT.)
0.075 ACRES
MORE OR LESS
LENGlH
30.51'
52.43'
38.75'
24.0B'
48.0·f
26.66'
15., 1'
34.98'
CITY OF ENGLEWOOD
REC .# 01050263
¥ FND . STONE W/ BRASS DISK
IN RANGE BOX -ILLEGIBLE
COLORADO WATER
CONSERVATION BOARD
BOOK 4306, PAGE 764
0
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1 inch = 30 fl
60
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NOTr: llllS DRA'MNG DOES NOT REPRESENT A FlEl..D t.tOOUMENTED SUR'.{Y AND IS ONLY INlENDED TO DEPICT lHE ATTACHED l.£CAL DESCRIPTION.
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EASEMENT EXHIBIT
SW 1/4, SEC. 9, T5S, 56BW, 6TH P.M.
COUNTY OF ARAPAHOE, COLORADO
JOll NlNl!(JI 76614-07 J " J
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 6, 2015 11 c i Resolution for the Purchase of Critical Physical Storage
Upgrades from Peak Technologies
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council discussed the Information Technology requests for capital improvements as part of 2015
budget discussions in 2014.
RECOMMENDED ACTION
Staff recommends City Council approve a resolution authorizing the purchase of critical physical storage
upgrades from Peak Resources in the amount of $99,896.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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Council discussed and determined that the City's information technology infrastructure is critical to the
overall effectiveness and efficiency management and workflow of the City. This Motion approves the
purchase of critical physical storage. This will most likely be the last investment in physical storage the City
of Englewood will make as more storage is sent to the "Cloud."
•
The City did not go to bid on this purchase because existing equipment was close to failing and had to be
replaced immediately to avoid a failure. Since this the purchase was deemed an emergency, Information
Technology personnel obtained a variety of bids from vendors to expedite the purchase. The bid by
PeakResources was not the lowest bidder but they provide a better warranty, a better technologic fit
(matches Police and Wastewater architecture), have a local presence, and have a faster response (service)
time.
FINANCIAL IMPACT
Funds for this project are budgeted in the 2015 Capital Projects Fund.
LIST OF ATTACHMENTS
Pricing Information
Proposed Resolution
PEAK @
RE S OURCES , INC.
Establlsh•ct 1991
gu21e l~s~e!! tQ ; Account Executive : PEAK Re~2urc~s, Inc., H~adguart~!'.I
City of Englewood Mat Brown 2750 West 5th Avenue
1000 Englewood Parkway Office : 303 -934-1200 Denver, CO 80204
Englewood, CO 80110 mbrown@peakresources.com Phone : 303-934-1200
Toll Free: 1-800-925-PEAK
Fax : 303 -934-1250
Project: FAS2554
Date: 3/24/2015
Quote Valid Until: 4/23/2015
Quote ID : 03242015LK01
Conflg ID: 12442227
Line Product Unit Extended
Number Number Descrfotlon Quantltv Price Price
FAS2554-EXP-R6
1 X5526A-R6 Rackmount Klt ,4-Post,Un lversal,R6 1 $59.00 $59 .00
2 X6561-R6 Cable ,Ethemet,2m RJ45 CAT6 2 $5 .00 $10.00
3 X6562-R6 Cable Ethemet,5m RJ45 CAT6 1 $8 .00 $8 .00
4 X655B-RB Cable SAS Cntlr-Shelf/Shelf-Shelf/HA 2m 4 $88 .00 $352 .00
5 DS2246-21 .6TB-1 P-SK-R5 OSK SHLF 24x900GB,IOM6,1P.SK 1 $11 299 .00 $11 299 .00
6 OS-ONTAP-CAP2-1 P-P OS Enable ,Per-0 .1TB ONTAP Perf-Stor 1P,-P 216 $23.00 $4 968 .00
7 XBOOE-R8 Power Cable North America R6 2 $0 .00 $0 .00
FAS2554-R6
B FAS2554A-001 -R6 FAS2554 Hlah Avallabllltv Svstem 2 $2 145 .00 $4 290 .00
9 SW-2-2554A-PREMBNDL-C SW-2 Premium BNDL ,2554A,-C 2 $5 424 .00 $10 848 .00
10 DOC-2554-C Documents 2554,-C 1 $0 .00 $0.00
11 X5526A-R6-C Rackmount Klt ,4-Post.Unlversal,-C R6 1 $0 .00 $0 .00
12 OS -ONTAP-CAP1 -1 P-C OS Enable,Per-0 .1TB ONTAP,Cao-Stor 1P ,-C 480 $8 .00 $3 840.00
13 FAS2554-309-R6-C FAS2554 12x4TB ,7.2K -C 1 $7 493.00 $7 493 .00
14 XBOOE-RB-C Power Cable North America.-C,R6 4 $0 .00 $0.00
15 CS-A2-4R SunnnrtEdae Standard Part Retrace 4hr 1 $6 783.00 $6 783 .00
16 SW-2-CL-BASE SW-2,Base ,CL Node 1 $0 .00 $0.00
FAS2554-R6
17 FAS2554A-001-R6 FAS2554 Hlah Avallabilltv Svstem 2 $2 145.00 $4 290 .00
18 SW-2 -2554A-PREMBNDL-C SW-2,Premlum BNDL,2554A,-C 2 $5 424 .00 $10 848 .00
19 DOC-2554-C Documents,2554 ,-C 1 $0 .00 $0.00
Miscellaneous expenses are not Included (e.g . taxes, shipping charges, freight Insurance, etc.) Information conta ined herein is Confidential. Software is non-returnable after
order submission .
City of Englewood 03242015
20
21
22
23
24
25
26
27
28
29
30
31
32
33
X5526A-R6 -C Rackmount Kit 4-Post Universal -C R6
X800-42U-R6-C Power Cab le In-Cabinet C 13-C 14 -C 4
OS-ONTAP-CAP1-1 P-C OS Enable Per-0 .1TB ONTAP ,Ca -Ster 1P ,-C 460
FAS2554-309-R6-C FAS2554 ,12x4TB 7.2K ,-C
CS-A2-4R Su ortEd e Standard Part Re lace 4hr
SW-2-CL-BASE SW-2 Base.CL Node
FAS2554-EXP -R6
X5526A-R6 Rackmount Kit 4-Post Universal R6
X6561 -R6 Cable ,Ethemet 2m RJ45 CATS 2
X6562-R6 Cable Ethemel Sm RJ45 CAT6
X6558-R6 Cable SAS Cntlr-SheW/Shelf-Shelf/HA 2m 4
OS2246-21 .6TB -1 P-SK-R5 OSK SHLF 24x900GB ,JOM6 1P ,SK
XB00-42U -R6 Power Cable In-Cab inet C13-C 14 2
OS-ONTAP-CAP2-1 P-P OS Enable Per-0 .1TB ,ONTAP Perf-Stor,1P ,-P 216
PEAKPS PEAK Professional Serv ices 2 O s
All Applicable Discounts, Promotions and Rebates, Solutions Assurance, Pre-Delivery Integration Charges Have Been Reflected
Miscellaneous expenses are not Included (e.g. taxes, shipping charges, freight insurance, etc.) Information contained herein Is
Confident ial .
$0 .00 $0 .00
$0 .00 $0 .00
$8 .00 $3 840.00
$7 493.00 $7 493 .00
$6 783 .00 $6 783.00
$0 .00 $0.00
$59 .00 $59 .00
$5 .00 $10 .00
$8.00 $8 .00
$88 .00 $352.00
$11 295 .00 $11 295 .00
$0 .00 $0.00
$23.00 $4 968 .00
$0 .00 $0.00
Grand Total $99,896 .00
I Speclallj
··-··-·-·-·-··--...... -..• J Power System s Elile
System StorDG• Etita
Sys1om • Ellte
• I I I • I I I •
CISCO -n
NetApp-
aotori! .... •-
vmware·
Aulhortud
SoftwaN Value P\u1
Secur11y
TivoN
Authorized Pur•8v-tem1
PuroA •• Syotom
Miscellaneous expenses are not included (e .g. laxes , sh ipping charges, freight insurance, etc .) Information contained here in is Confidential . Software Is non-returnable after
order submission .
City of Englewood 03242015
•
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RESOLUTION NO .
SERIES OF 2015
A RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE OF CRITICAL
PHYSICAL STORAGE UPGRADES UNDER SECTION 116 (b) OF THE HOME RULE
CHARTER.
WHEREAS, the City's information technology infrastructure is critical to the overall
effectiveness and efficiency management and workflow of the City; and
WHEREAS, this will most likely be the last investment in physical storage the City will make as
more storage is sent to the "Cloud"; and
WHEREAS, due to the imminent failure of this equipment IT staff obtained bids for purchase of
critical physical storage upgrades from a variety of vendors; and
WHEREAS, the bid by Peak Resources of $99,896 .00 was not the lowest bidder but they
provide a better warranty, a better technical fit (matches Police and Wastewater architecture), have
a local presence; 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.
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
with Peak Technologies for the purchase critical physical storage upgrades, as allowed by Section
116 (b) of the Englewood Home Rule Charter.
ADOPTED AND APPROVED this 6th day of April, 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 of2015 .
Loucrishia A. Ellis, City Clerk
• COUNCIL COMMUNICATION
Date Agenda Item Subject
April 6, 2015 11 c ii L/E WWTP Network
Infrastructure Project
INITIATED BY STAFF SOURCE
Littleton /Englewood WWTP Superv isory Frank Gryglewicz, Director Finance, Administrati v e
Committee Support, IT and HR
Kenny Hollis, Information Technology Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approval of IT Network Infrastructure Upgrade -October 21 , 2013
Council approv al of the 2 014 Littleton /Englewood WWTP Capital Infrastructure Budget.
Council approval of the L/E WWTP Netw ork Infrastructure Project -Switch Replacement -April 21, 2014.
Council approv al of the L/E WWTP Network Infrastructure Project -NetApp Replacement-July 7, 2014.
RECOMMENDED ACTION
The Littleton /Englewood Wastewater Treatment Plant Supervisory Committee recommended on March 1 7,
•
2015, Council approve an Information Technology Network Infrastructure Upgrade Project for replacement
of Network Switches and related software and maintenance support at the Littleton /Englewood WWTP.
Staff recommends Council approve a resolution awarding the contract to 2 4/7 Networks in the amount of
$204,000 (per the 50/50 agreement the Engle w ood share will be $102,000). 24/7 was selected as a sole
•
source provider to protect en v iro nment security and standardization amon g existing hardware
infrastructure components.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The L/E WWTP IT infrastructure is simultaneousl y, with the City IT infrastructure, undergoing a significant
hardware overhaul due primarily to end-of-life and out of serv ice hardware, upgrades in operating sy stems,
cabling and cable management. This will allow L/E WWTP to take advantage of the 1 OGb infrastructure,
allow future network expansion and improve network performance.
This solution will align with the City IT Department specifications for enterprise hardware and will provide
L/E WWTP IT staff with redundancy for network support from City staff, should a failure occur when L/E
staff is unavailable. The project will also provide future opportunity for improved disaster recovery between
the two facilities. State of Colorado contract pricing will be used for project purchases.
This project will include upgrades for the Storage Area Network, 1 Ogb Data Link Upgrade, Cabling, Access
La y er Switches to facilitate environment stability and future growth. The total Project cost for FY 2015 will
be $204,000 with a recurring human capital cost of -$96,000 annually for FY2016 . Funding for this project
is contained in the 2015 Business Services budget. Based on the best available information at the time, a
total of $91 ,000 was budgeted for hardware and professional services for this project.
Cost Breakdown:
• Cabling-
• Switches -
• Desktop/Server Operating Systems -
• Network Resource -
• Cisco Annual Maintenance -
• 15% Cost Contingency -
• Project Total -
$27,000
$ 34,000
$ 14,000
$ 96,000
$ 3,000
$ 30,000
$204,000
This project was approved by the L/E WWTP Supervisory Committee at the March 19, 2015 meeting.
FINANCIAL IMPACT
Funds for this project are included in the 2015 L/E WWTP budget and as a Capital Infrastructure Project
and will be shared 50/50 by the Cities of Englewood and Littleton.
LIST OF ATTACHMENTS
Resolution
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RESOLUTION NO .
SERIES OF 2015
A RESOLUTION FOR AN INFORMATION TECHNOLOGY NETWORK
INFRASTRUCTURE UPGRADE BY SOLE SOURCE FOR THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT (LIE WWTP).
WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the
Englewood Municipal Code 2000, allow contracts for public works or improvements to be
negotiated, provided that contracts for which no competitive bids have been requested to be
approved by resolution declaring the reason for the exception to the competitive bidding
requirement; and
WHEREAS, the LIE WWTP It infrastructure is simultaneously, with the City IT
infrastructure, undergoing a significant hardware overhaul due primarily to end-of-life and out of
service hardware, upgrades in operating systems, cabling and cable management; and
WHEREAS, this will allow LIE WWTP to take advantage of the infrastructure, allow future
network expansion and improve network performance; and
WHEREAS, this solution will align with the City IT Department specifications for enterprise
hardware and will provide LIE WWTP IT staff with redundancy for network support from City
staff, should a failure occur when LIE staff is unavailable; and
WHEREAS, the project will also provide future opportunity form improved disaster recovery
between the two facilities; and
WHEREAS, this project will include upgrades for the Storage Area Network, Data Link
Upgrade, Cabling, Access Layer Switches to facilitate environment stability and future growth,
the total Project cost for Fiscal Year 2015 will be $204,000 with a recurring human capital cost of
$96,000 annually for Fiscal Year 2016; and
WHEREAS, 24/7 Networks was selected as a sole source provider to protect environment
security and standardization among existing hardware infrastructure components; and
WHEREAS, funding for this project is contained in the 2015 Business Services budget, based
on the best available information at the time, a total of $91,000 was budgeted for hardware and
professional services for this project; and
WHEREAS, the Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Supervisory
Committee recommended on March 17, 2015, an Information Technology Network Infrastructure
Upgrade Project using the State of Colorado Contract pricing, for the replacement of Network
Switches and related software and maintenance support; and
WHEREAS, Staff recommends proceeding with the Information Technology Network
Infrastructure Upgrade Project in the amount of $204,000 (per the 50/50 agreement Englewood's
share will be $102,000) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The Englewood City Council hereby authorizes proceeding with the Information
Technology Network Infrastructure Upgrade Project in the amount of $204,000 (per the 50 /50
agreement Englewood 's share will be $102 ,000).
ADOPTED AND APPROVED this 6th day of April, 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
•
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 6, 2015 11 c iii Purchase of Flusher Truck
INITIATED BY STAFF SOURCE
Public Works Department Pat White, Fleet Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On May 16, 2005 Council approv ed, by motion the purchas e of a ne w sanitary se w er flusher truck from
W illiams Equipment in the amount of $115,875 .00.
RECOMMENDED ACTION
Staff recommends Council approve, by moti o n, of the purchase of one new Sanitary Sewer Flusher Truck
from the lowest acceptable bidder, Faris Machinery Company in the amount of $182 ,650.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed sewer flusher truck is used for removing accumulated solids and debris in the wastewater
collection mains. All sanitary sewer mains are on a maintenance schedule to be flushed at least once a year.
The truck will also be used on a contract basis for line maintenance for South Englewood Sanitation District.
.The purchase is being recommended to replace the existing 10-y ear old Unit #1416, a 2006 Vac Con flusher
un it on a Freightliner Chassis. This unit has met the replacement requirements of y ears of service, hours of
use and maintenance dollars expended.
Bids were received from six vendors:
Global Machinery
McDonald Equipment
Neverest Equipment Co.
Dawson Infrastructure Solutions, LLC
Williams Equipment
Faris Machinery Co.
FINANCIAL IMPACT
$2 39 ,230.00
$217,990.00
$21 7,558 .00
$197,523 .00
$183,855 .00
$1 8 2,650 .00
Far is Machinery Company is the lo w est acceptable bidder at $182,650 .00. The entire amount will be funded
by the CERF Fund .
LIST OF ATTACHMENTS
Summary Specification Sheet
Bid Proposal Tabulation
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
MANUFACTURER OF VEHICLE Pipehunter flusher unit on Freightliner Chassis
M 0 DEL 0 F VEHICLE __ --"1'"""'6=H=-34-'--=-TM"-=---3"-'0'"-"0"""'"'0p"'"'s=-i -"'@_4""""5_.,g~p-==m
AIR CONDITIONING YES NO
AUTOMATIC TRANSMISSION YES NO
POWER WINDOWS YES NO
POWER DOOR LOCKS YES NO
4 WHEEL DRIVE YES NO
FLEX FUEL OPTION YES NO
CERF REPLACEMENT YES NO
NEW ADDITION TO FLEET YES NO
DEPARTMENT VEHICLE ASSIGNED TO 411605 Utilities
COMMENTS: This unit will replace Unit 1416, a 2006 Vac Con flusher unit on a
Freightliner Chassis. This unit has met the replacement requirements of years of service,
hours of use, and maintenance dollars expended. The bid award is to the lowest bidder,
Farris Machinery Company, in the amount of $182,650.00. Funds are available in the
CERF fund .
City of Englewood Bid Tabulation Sheet
Bid Opening Date: January 13, 2014~-. ~~~~~~~-"-A_p_p_a-re_n_t_L_o_w~B~id~d~e-r-.. ~~~~~~~~,
ITEM BID: IFB-14-029 Sanitary Sewer Flusher Truck -
Sanitary Sewer
Vendor Flusher Truck Manufacturer Exceptions:
Macdonald Equipment Hi-Vac offers a continuous flow
7333 Hwy 85 reciprocating water pump; creates
Commerce City, CO 80022 smooth flow and pressure for safe
Bill Phelps -General Manager and complete wateline cleaning.
303-287-7401 $ 217,990.00 Hi-Vac Accumulator not required.
Neverest Equipment Company
6681 Colorado Blvd Unit 5
Commerce City, CO 80022
Brian Balchumas -Owner
303-898-9475 $ 217,558.00 GPM Tank and Truck None Taken
Dawson Infrastructure Solutions, LLC
11780 Fairplay Street
Brighton, CO 80603
Kelly Dawson -President
303-632-8236 $ 197,523.00 Sewer Equipment Co. None
Global Machinery
705 W 62nd Ave
Denver, CO 80216
Randy Ostermiller -Sales
303-570-5235 $ 239,230.00 Gap Vax None
Faris M<ichinery Company ·· . · ..
s11o 'enfti:'Ave ·••·· < ·.
corrlmerce .city; co :80022 .·
·.
...
tarryJohl'lson '•~ Div manager-Environ. '•1.'
.. . Attached to the bid is literature
303~289~57 43 i .. · ..... ···. .. .• :$ 182,650.00 ·PipeHunterlnc> for the fleet managerto read
• • IFB-14-029 Sanity Sewer Flusher Truck Bid •
• • •
Williams Equipment, LLC
9670 Dallas St Unit J
Henderson, CO 80640
Mike Williams -Owner
303-573-0149 $ 183,855.00 Van Con, Inc. None
IFB -14-029 Sanity Sewer Flusher Truck Bid Tab.xis
COUNCIL COMMUNICATION
Date Agenda Item
April 6, 2015
INITIATED BY
Littleton /Englewood Wastewater Treatment Pl ant
· Supervisory Committee
11 c iv
STAFF SOURCE
Subject
Gate Replacements 2015 Project
-Award of Construction
Contract
Chong Woo, Engineering/Maintenance Manager
Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 2015 Littleton /Englewood Wastewater Treatment Plant budget.
RECOMMENDED ACTION
The Littleton/Englewood Wastewater Treatment Plant Supervisory Committee recommended on March 1 7,
2015, Council approv e, by Motion, a construction contract for the Gate Replacements 2015 Project
located at the Littleton/Englewood (L /E) WWTP. Staff recommends awarding the contract to the lowest
reliable and responsive bidder, RN Civil Constructors Inc., in the amount of $279,000, with a 5%
contingency {Total= $279, 139.50) .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
The Littleton/Englewood Wastewater Treatment includes a number of process areas which include tanks ,
channels, and a complex network of underground piping sy stems. Gates and val v es are utilized to control
wastewater flow through the process areas and to provide isolation for treatment control and to conduct
maintenance activities . Proper functioning is necessary to maintain plant operations.
In 2014 staff conducted a detailed condition assessment of the gates located at the Headworks Building.
Based on the assessment, six (6) gates were identified as damaged be y ond repair and in need of
replacement. The project will also include channel reconditioning and shafts replacement. The gates v ary
in age from 30-40 years and the sizes range from 30-84 inches.
The Project was advertised on the Rocky Mountain E-Purchasing System (Bidnet). Bid Opening was
conducted on February 19, 2015. Two (2) Bids were received, with the following base bid results.
RN Civil Constructors Inc., Centennial, CO
Velocity Constructors Inc., Denver, CO
$279,000
$530,985
RN Civil Constructors Inc. (RNC) was identified as the apparent low bidder. Based on our review, RNC's
Bid is responsive and complete. RNC is a general construction contractor specializing in water-wastewater
projects. RNC is well known in the industry, and qualified and competent to perform the scope of work for
this project.
FINANCIAL IMPACT
The Bid amount ($279,000) and with contingency, is available in the 2015 Budget and will be shared 50/50
by the Cities of Englewood and Littleton.
UST OF ATTACHMENTS
Bid Tabulation Sheet
Contract for Construction
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: February 19, 2015 2:00 P.M. MST
ITEM BID: ITB-15-001 Gates Replacement 2015 Project
Receipt of
Bid Bond Addendums 1 &
Vendor Y/N? 2Y/N? SOQY/N?
Velocity Constructors, Inc.
1330 S Cherokee St.
Denver, CO 80223
303-984-7800 Ext. 102
Bob Rogstad, VP y y y
RN Civil Construction
5975 S <;luebec ·St. #140
Centennial, co 80111
303-482-3059 Ext. 1
Daniel Niehus -Owner y . y y
VCI
RNC
Replace Barscreen Replace Barscreen
1 w/ self-contained, 2 w/ self-contained,
manually operated, manually operated,
stainless steel gate stainless steel gate
Lump Sum Design Lump Sum Design
$ 2,920.00 $ 2,920.00
Lump Sum Const. Lump Sum Const.
$ 98,244.00 $ 87,752 .00
Lump Sum Design Lump Sui:n Design
$ 500:00 ' $ " 50!1.0Q
Lump Sum Const .··Lump Sum Const.
$ 48,500.00 $ .. 48,500.00
BSI BS2
$ 101,1 64 $ 90,672
$ 49,000 $ 49,000
• •
I Apparent Low Bidder
···--··
Crossover Gate
Replace Raw Replace Raw Replace Raw opposite of the
Sewage Gate 1 w/ Sewage Gate 2 w/ Sewage Gate 3 w/ existing gate w/
manually operated, manually operated, manually operated, manually operated,
stainless steel gate stainless steel gate stainless steel gate stainless steel gate Total Bid
Lump Sum Design Lump Sum Design Lump Sum Design Lump Sum Design
$ 2,920.00 $ 2,920.00 $ 2,920.00 $ 2,920.00
Lump Sum Const. Lump Sum Const. Lump Sum Const. Lump Sum Const.
$ 85,444.00 $ 65,081.00 $ 65,580 .00 $ 120,364.00 $ 530,985 .00 $539,985.00
Lump_·S4m Design Lump Sum Design Lump Sum Design Lump Sum Design, ·
$ .. 500.00 $ 5.00,00 · $ . 5.0!J.00 $ " 500.00
Lump S.um Con.st Lump sum C!>nSt. Lump Sum Const, Lump Sum.Const.
'$ 45,000.00 $ 45,000.00 $ 45,000.00 $ 44,000.00 '$ 279,000.00 $279,000.00
$ 251 ,985.00
RSPI RSP2 RSP3 co
$ 88 ,364 $ 68,001 $ 68,500 $ 123 ,284 $ 539,985.00
$ 45 ,500 $ 45,500 $ 45 ,500 $ 44,500 $ 279,000.00
ITB-15-001 Gates Replacement Bid Tab.xis
•
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CONTRACT FOR CONSTRUCTION #CFC/15-17
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 RN Civil Constructors Inc ., whose address is 5975 South Quebec Street, Unit 140, Centennial, CO
80111, ("Contractor"}, commencing on the __ day of , 20_, and continuing for at least ten
( 10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools,
supplies, equipment, materials and everything necessary and required for the following:
PROJECT : Gate Replacements 2015 Project
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and
have been certified by the Director of Utilities 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 pa'rties 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
Gates Replacement Project Manual
Technical Specifications
Drawings sheets
Spill Control, Management and Clean Up Document
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 Utilities and
agrees to fully complete said work by December 31 51 , 2015, 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.
~ Revised 04/21/201 4
D. Indemnification : T he City cannot an d 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 cla ims, 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 neglig.ence of the City's
officers , agents and Employees .
E. Accidental Spills and/or Releases of Chemicals. Process Wastewater or Other Unpermitted
Substances to the Site If a release of chemicals, process wastewater or other unpermitted substance
is spilled, leaked, or otherwise released to the environment or Site, by CONTRACTOR, subcontractors,
suppliers, or anyone else for whom CONTRACTOR is responsible, CONTRACTOR will take immediate
steps to secure or otherwise isolate such condition, immediately notify the Littleton/Englewood
Wastewater Treatment Plant staff and contain and clean up any such substance or spill.
CONTRACTOR is responsible for making all notifications and complying with all regulatory
requirements related to such an incident. Any waste generated as a result of a spill, leak, or other
release to the environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for
whom CONTRACTOR is responsible shall become the property of CONTRACTOR and shall be
disposed of in accordance with all applicable requirements. In addition to cleanup and disposal costs,
CONTRACTOR is responsible for all costs associated with demobilization , remobilization, medical
exam inations, and all other costs , claims, losses, and damages, including but not limited to attorney
fees and litigation costs as well as fines and penalties, incurred by Littleton/Englewood Wastewater
Treatment Plan as a result of any substance or material that is spilled, leaked, or otherwise released to
the environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for whom
CONTRACTOR is responsible.
F. 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.
G. 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.
Revised 04/2 1 /2014
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 .
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H. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work
required under this contract, and the Contractor agrees to accept as his full and only compensation
therefore, such sum or sums of money as may be proper in accordance with the price or prices set
forth in the Contractor's proposal attached and made a part hereof, the total estimated cost
thereof being two hundred seventy nine thousand dollars ($279,000.00). A 5% retainage of the
awarded project amount will be withheld until final inspection and acceptance by the Project
Manager.
I. Appropriation of Funds: At present, $279,000.00 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 AgreemenUContract to the contrary, all payment obligations of the City are expressly dependent
and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal
period ending upon the next succeeding December 31. Financial obligations of the City payable
after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available in accordance with the rules , regulations, and resolutions of the City
and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed
terminated . The City shall immediately notify the Contractor or its assignee of such occurrence in
the event of such termination.
J. 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 (zero) for each day that expires after the time specified for
substantial completion until the Work is complete, and $0 (zero) for each day that expires after the
time specified for final completion until the Work is finally complete.
K. 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.
L. Colorado Labor Law : If this project is for a public works project or public project, as defined in Section
8-49-102(2) C.R.S . the contractor shall comply with 8-17-101 C.R.S . which requires the contractor to
use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in
part by State, counties, school districts, or municipal monies.
M. 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 .
Revised 04/21/20 1 4
N. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall •
remain in good order and repair for a period of one ( 1) year from all causes arising from defective
workmanship and materials , and to make all repairs arising from said causes during such period
without further compensation . The determination of the necessity for the repair or replacement of said
project, and associated incidentals or any portion thereof, shall rest entirely with the Director of 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 C?ntracting 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 w ith 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.
Revised 04/21/2014 •
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IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above .
CITY OF ENGLEWOOD
Randy P. Penn, Mayor
CityClerk -Loucrishia A. Ellis
STATE OF Q__o\t>ravJ.o )
l L ) SS.
COUNTY OF /\{a-.._~ fJ..-1\~~)
On this / 3~ day of -1f®J~ ·~ 20!.5 before me personally appearedJ)N'\\J e. N~~~
--...,..---..---.• ~no'-'A' to me to be the \)\~(:fNM\~ ~JlNffiitf of R.N (' \v 't\. L,tr9ffr;;:ct1 fr.,,_ jil(f 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.
above written .
Rev i sed 04/2 1 /20 1 4
..
BOND NO. 58723817
PERFORMANCE. PAYMENT AND MAINTENANCE BOND
RN Civil Construction, LLC
KNOW ALL MEN BY THESE PRESENTS That we _hereinafter called the Principal,
and Western Surety 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 Two Hundred Seventy Nine* ($ 279, QOO. 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, finnly bound by these presents.
*Thousand and No/100-
WHEREAS, the Principal has, by means of a written agreement dated entered into a
Contract with the Owner for the construction of Gate Replacements 2015 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 aH 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, indemnify 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 ~galnst costs and expenses,
Including in part attomey fees, incidental to the defense of such suits, actions, claims, losses, damages or
liability on account of injury, disease, sickness, including death, to any person, or damage to property,
including in part the loss of use, resulting therefrom, baseCt upon or allegedly based upon any act, omission or
occurrence of the Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else
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under the Princlpal's direction and control (regardless of whether or not cause in part by a party indemnified •
hereunder}, and arising out of, occurring in connection with, resulting from, or caused by the perfonnance or
failure of performance of any work or services caned for by the Contract, or from conditions created by the
perfonnance 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 perfonned, for all materials and equipment used or rented in the
perfonnance of Principars Contract.
Contracto(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 Utmties, 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.
Revised 04/21/2014 •
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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 bmught
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 ~rior action against the other, and both may be joined in one action.
SIGNED AND SEALED THIS 13th day of "'r{l (A_( c.J:--,,. I 20..§ c
IN PRESENCE OF:
ATreST: ~As lo ~n:
By: r ~JS'L~
Secretary/\55:: 9iic, '
(CORPORATE SEAL)
COUNTERSIGNED:
By: N/A
Resident Agent (Print Name Below)
~~~ e Title
Daniel P. Niehus, Owner, Managing Partner
Western
Attorney in fact
(SEAL OF SURETY)
Karen A. Feggestad
(Accompany this bond with Attomey-in-facf s authority from the Surety to execute the bond, certified to Include
the date of the bond.)
Approved for the City of Englewood: By:-------------
City Manager
MEMBER
Hr4W
Revised 04/21/2014
MOODY INSURANCE AGENCY, INC.
8055 East Tufts Avenue, Suite 1000
DENVER, COLORADO 80237
PHONE: (303) 824.6600
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Evan E Moody, Karen A Feggestad, Tina Marie Post, Justin Tomlin, Bradley J Moody,
Individually
of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 28th day of January, 2015 .
State of South Dakota
County of Minnehaha
} SS
WESTERN SURETY COMPANY
On this 28th day of January, 2015, before me personally came Paul T . Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
June 23, 2015
... .. ..... .. ,. J J . MOHR j V~NOTARY PUBL1c~S j~SOUTH DAKOTA~
+c , ,,.,., '..,, .. +
CERTIFICATE
().. m ~ J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this J?-day of w...~(J--.-.._ , ;!, 0 l5 .
WESTERN SURETY COMPANY
Fonn F4280-7-20l2
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Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies , undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile .