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HomeMy WebLinkAbout2022-10-17 (Regular) Meeting Agenda Packet 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. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, October 17, 2022 ♦ 7:00 PM Council Dinner will be available at 6:30 p.m. To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=ihIfsWonANY 1. Study Session Topic None 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of October 3, 2022. 5a b. Minutes of the Special City Council Meeting of October 10, 2022 5b 6. Appointments, Communications, Proclamations, and Recognition a. Recognition of Museum of Outdoor Arts Partnership with the City of Englewood. 6a b. Recognition of Citizens Planning School graduates 7. Recognition of Scheduled Public Comment Public Comment typically starts at 7:00pm. The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. 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. Written materials for presentation to Council may be submitted to the City Clerk. a. Pamela Beets, Englewood resident, will speak about housing and development 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment at the upcoming City Council meeting on Monday, October 17th, please visit https://englewoodco.zoom.us/webinar/register/WN_D4nv19W1SBOwpYBwl9jbNA to Page 1 of 405 Englewood City Council Regular Agenda October 17, 2022 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. register or plan to attend the meeting in person at 1000 Englewood Pkwy, Englewood CO 80110, Second Floor Council Chambers. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, October 18th 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 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 61 - Revising EMC to Mirror Provisions of Colorado's Vote Without Fear Act 9ai Staff recommends City Council approve a Bill for an Ordinance amending Englewood Municipal Code 7-6C-6 prohibiting open carry of firearms to reflect provisions of the Colorado Vote Without Fear Act. Staff: City Attorney Tamara Niles ii. CB 62 - Amending EMC regarding Definition of Pawnbroker. 9aii Staff recommends City Council approve a Bill for an Ordinance amending Englewood Municipal Code 5-15-1 regarding the definition of a pawnbroker. Staff: City Attorney Tamara Niles iii. CB 65 - Amending EMC regarding Trees and Shrubs. 9aiii Staff recommends City Council approve a Bill for an Ordinance amending Title 11 Chapter 5 of Englewood Municipal Code regarding Trees and Shrubs. Staff: City Attorney Tamara Niles iv. CB 66 - IGA for Pedestrian Improvements at the Malley Senior Recreation Center. 9aiv Staff recommends City Council approve a Bill for an Ordinance to enter an Intergovernmental Agreement with DRCOG in order to receive grant funds for making sidewalk and crosswalk improvements near the Malley Senior Recreation Center. Staff: Deputy Director of Public Works Tim Hoos Page 2 of 405 Englewood City Council Regular Agenda October 17, 2022 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. b. Approval of Ordinances on Second Reading i. CB 54 - 2023 City of Englewood Budget 9bi Staff recommends City Council approve an Ordinance for the 2023 City of Englewood Budget. Staff: Director of Finance Jackie Loh ii. CB 55 - 2023 City of Englewood Budget Appropriation 9bii Staff recommends City Council approve an Ordinance for the 2023 City of Englewood Appropriation. Staff: Director of Finance Jackie Loh iii. CB 56 - 2023 City of Englewood Property Tax Mill Levies 9biii Staff recommends City Council approve an Ordinance for the 2023 City of Englewood Property Tax Mill Levies. Staff: Director of Finance Jackie Loh iv. CB 57 - 2023 South Platte Renew (SPR) Budget 9biv Staff recommends City Council approve an Ordinance for the 2023 South Platte Renew Budget. Staff: Director of Finance Jackie Loh v. CB 58 - 2023 South Platte Renew (SPR) Budget Appropriation 9bv Staff recommends City Council approve an Ordinance for the 2023 South Platte Renew Appropriation. Staff: Director of Finance Jackie Loh vi. CB 59 - IGA with the City of Cherry Hills Village for Vehicle Maintenance and Repair 9bvi Staff recommends City Council approve an Ordinance authorizing an Intergovernmental Agreement (IGA) with the City of Cherry Hills Village for vehicle maintenance and repair. Staff: Deputy Director O & M Chris Edelstein, Maintenance & Operations Manager Steve Ortega vii. CB 60 - IGA Regarding VSPC and Ballot Drop Box 9bvii Staff recommends City Council approve an Ordinance authorizing an IGA with Arapahoe County regarding VSPC and ballot drop box. Staff: City Clerk Stephanie Carlile c. Resolutions and Motions i. Change Order with Stanley Consultants for On-call Engineering Services 9ci Staff recommends City Council approve, by Motion, a Change Order with Stanley Consultants for On-call Engineering Services in the amount of $48,318.00. Staff: Deputy Director - Engineering Tim Hoos ii. Amendment to City Attorney Employment Agreement Page 3 of 405 Englewood City Council Regular Agenda October 17, 2022 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. 9cii Staff recommends City Council approve a Resolution for Amendment No. 1 to the City Attorney Employment Agreement for the same base salary and several benefits as that of the City Manager, including a base salary of $183,001.03. Staff: City Attorney Tamara Niles iii. Renew Contract with Regal Facility Management for Custodial Services. 9ciii Staff recommends City Council approve, by Motion, the Renewal of the Contract with Regal Facility Management for Custodial Services in the amount of $340,780. Staff: Assistant City Manager Tim Dodd, Deputy Director O&M Chris Edelstein, Building Services Supervisor Jeff Wenda iv. Short Term Security - Additional Funding 9civ Staff recommends Council approve, by Motion, additional funding in the amount of $20,000, to pay for short-term security to provide service until the end of the contract term, on October 15, 2022. Staff: Deputy Director Operations & Maintenance Chris Edelstein, and Senior Capital Project Specialist Melinda Goblirsch 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Englewood Downtown Development Authority 2023 Budget 11ci Staff recommends City Council approve, by Motion, Englewood Downtown Development Authority 2023 Budget. Staff: Executive Director of EDDA Hilarie Portell ii. Professional Services Agreement with Jacobs Engineering Group, Inc for City Ditch Piping Project Phase I 11cii Staff recommends City Council approve, by Motion, the Award of a PSA with Jacobs to support Phase I project development activities for the City Ditch Piping Project in the amount of $441,257, including approval to execute any change order(s) to expend a 20% staff-managed contingency in the amount of $88,252, for a total project authorization of $529,509. Staff: Director of Utilities & South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone iii. Contract Amendment to Provide Additional Funding for CrossPurpose. 11ciii Page 4 of 405 Englewood City Council Regular Agenda October 17, 2022 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. Staff recommends City Council approve, by Motion, a contract amendment to provide $87,737 in additional, approved American Rescue Plan Act (ARPA) funding to CrossPurpose for capital costs associated with the build-out of a career training program located at 3855 South Broadway in Englewood. Staff: Assistant City Manager Tim Dodd iv. Resolution of Support in Favor of Sales Tax Ballot Issues 11civ Consideration of a Resolution supporting the City's two sales tax ballot questions, on the November 2022 general election ballot. Staff: City Attorney 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 5 of 405 MINUTES City Council Regular Meeting Monday, October 3, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Assistant City Manager Tim Dodd and City Clerk Stephanie Carlile were present to discuss options for the creation of a Youth Advisory Board. b) Assistant City Manager Tim Dodd and Polco representative Jade Arocha were present to discuss the results of the National Citizen Survey for 2022. The meeting recessed at 7:04 p.m. for a break. The meeting reconvened at 7:11 p.m. with all Council Members present. Motion MOTION CARRIED. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:11 p.m. 3 Pledge of Allegiance Mayor Sierra led the Pledge of Allegiance. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Cheryl Wink Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis Deputy City Attorney McDermott City Clerk Carlile Page 1 of 11 Draft Page 6 of 405 City Council Regular October 3, 2022 Deputy City Clerk Harkness Assistant City Manager Dodd Director of Finance Loh Director of Parks, Recreation, Library, and Golf Underhill Court Administrator Julien, Municipal Court Restorative Justice Program Manager Stenson, Municipal Court Police Chief Watson Deputy Police Chief Fender Deputy Director of Public Works Edelstein- Operations and Maintenance Deputy Director-Business Solutions Stone, South Platte Renew Budget Administrator Nolan, Finance Department Code Enforcement Manager Lewis, Police Lead Code Enforcement Officer Futro, Police Code Enforcement Officer Faseruk, Police Code Enforcement Officer Faricy, Police Park Ranger and Code Enforcement Officer, Kemberling, Police Maintenance & Operations Manager Ortega, Public Works Aquatics Manager Anderson, Parks and Recreation Network Administrator Hunnicutt, Information Technology Officer Binkelman, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of September 19, 2022. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 19, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of September 26, 2022. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Page 2 of 11 Draft Page 7 of 405 City Council Regular October 3, 2022 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 26, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Emergency Preparedness Week Proclamation A Proclamation declaring the last week of September as Emergency Preparedness week in Englewood, Colorado. b) Conflict Resolution Month Proclamation A Proclamation declaring October as Conflict Resolution Month in Englewood, Colorado. c) Indigenous People's Day Proclamation A Proclamation declaring the Second Monday in October as Indigenous Peoples’ Day in Englewood, Colorado. d) National Code Compliance Month Proclamation A Proclamation declaring October as National Code Compliance Month in Englewood, Colorado. 7 Recognition of Scheduled Public Comment There were no citizens signed up to speak for scheduled public comment. 8 Recognition of Unscheduled Public Comment There were no citizens signed up to speak for unscheduled public comment. 9 Consent Agenda Items Page 3 of 11 Draft Page 8 of 405 City Council Regular October 3, 2022 Council Member Russell removed Agenda Item 9 (c)(i) from the Consent Agenda. Moved by Council Member Nunnenkamp seconded by Council Member Anderson to approve Consent Agenda Items 9(a)(i-ii), 9(b)(i-iii), and 9(c)(ii-iii). a) Approval of Ordinances on First Reading i) CB 59 - IGA with the City of Cherry Hills Village for vehicle maintenance and repair. COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE. ii) CB 60 - IGA regarding VSPC and ballot drop box COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY BOARD OF COMMISSIONERS REGARDING PLACEMENT OF A VOTER SERVICE AND POLLING CENTER AND BALLOT BOX. b) Approval of Ordinances on Second Reading. i) CB 50 - Add section of municipal code specifically designating City park properties ORDINANCE NO. 45, SERIES OF 2022 (COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH DESIGNATED PARKS WITHIN THE CITY OF ENGLEWOOD. ii) CB 52 - IGA regarding Hosanna Complex ORDINANCE NO. 46, SERIES OF 2022 (COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER ANDERSON) Page 4 of 11 Draft Page 9 of 405 City Council Regular October 3, 2022 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 (ENGLEWOOD SCHOOLS). iii) CB 53 - Amending EMC so reclassified misdemeanors can be filed and prosecuted in Englewood Municipal Court. ORDINANCE NO. 47, SERIES OF 2022 (COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE THROUGH THE ADDITION OF NEW CRIMINAL OFFENSES THAT MAY BE PROSECUTED IN MUNICIPAL COURT. c) Resolutions and Motions i) Contract renewal for 2022 Bulk Fuel/Fluids purchase. [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 31, SERIES OF 2022 A RESOLUTION AUTHORIZING A PURCHASE ORDER FOR THE PURCHASE OF FUEL FROM HILL PETROLEUM UNDER THE TERMS OF THE COLORADO MULTIPLE ASSEMBLY OF PROCUREMENT OFFICIALS (MAPO) COOPERATIVE PURCHASING AGREEMENT, RFP 22-22 MAPO FUEL AGREEMENT HOSTED BY ARAPAHOE COUNTY DATED AUGUST 1, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. ii) Pirates Cove resurface project Page 5 of 11 Draft Page 10 of 405 City Council Regular October 3, 2022 Approval of a contract to expend an additional $107,420 for the resurface project at Pirates Cove. iii) Award of three on-call contracts for services for emergency water line repairs on the City’s Water Distribution System. Approval of three on-call Contracts for Services with three contractors: Global Underground Corp., Brannan Construction Company, and C&L Water Solutions, Inc., each in the amount not to exceed $200,000, for urgent water line repair for the City’s Water Distribution System. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to approve Consent Agenda items 9(a)(i-ii), 9(b)(i-iii), and 9(c)(iI-iii). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 39 - Amending EMC Sections 7-1A-5, 7-1A-9 and 7-1A-16 regarding animal impoundment. Moved by Council Member Rita Russell Seconded by Council Member Joe Anderson Motion to table Council Bill No. 39 to be considered at the Regular City Council Meeting of November 7, 2022. For Against Abstained Page 6 of 11 Draft Page 11 of 405 City Council Regular October 3, 2022 Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell (Moved By) x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. TABLED ii) CB 54 - 2023 City of Englewood Budget Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2023. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. iii) CB 55 - 2023 City of Englewood Budget Appropriation Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2023, AND ENDING Page 7 of 11 Draft Page 12 of 405 City Council Regular October 3, 2022 DECEMBER 31, 2023, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2023. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. iv) CB 56 - 2023 City of Englewood Property Tax Mill Levies Moved by Council Member Jim Woodward Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink (Seconded By) x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. v) CB 57 - 2023 South Platte Renew (SPR) Budget Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward Motion to amend Council Bill No. 57 to correct the dates from 2022 to 2023. Page 8 of 11 Draft Page 13 of 405 City Council Regular October 3, 2022 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE RENEW FOR FISCAL YEAR 2023 AS AMENDED. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. vi) CB 58 - 2023 South Platte Renew (SPR) Budget Appropriation Moved by Council Member Joe Anderson Seconded by Council Member Jim Woodward COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2023, AND ENDING DECEMBER 31, 2023, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2023. Page 9 of 11 Draft Page 14 of 405 City Council Regular October 3, 2022 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 49 - Amending EMC regarding solicitation from vehicles and obstructions on streets and sidewalks. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Rita Russell ORDINANCE NO. 48, SERIES OF 2022 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 7-6B-6 REGARDING OBSTRUCTING HIGHWAYS, SIDEWALKS. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell (Seconded By) x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. ii) CB 51 - Amendment to Fire Code to expand authorized usage of temporary emergency shelters during severe weather. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Page 10 of 11 Draft Page 15 of 405 City Council Regular October 3, 2022 ORDINANCE NO. 49, SERIES OF 2022 (COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING TEMPORARY EMERGENCY WINTER WEATHER SHELTERING. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 6 1 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions. (See Agenda Items 9(c)(i- iii).) 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 8:44 p.m. City Clerk Page 11 of 11 Draft Page 16 of 405 MINUTES City Council Special Meeting Monday, October 10, 2022 Council Chambers 6:00 PM COUNCIL PRESENT: Cheryl Wink Chelsea Nunnenkamp Jim Woodward Joe Anderson Othoniel Sierra Rita Russell Steven Ward COUNCIL ABSENT: STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Assistant City Manager Dodd Director of Human Resources Weiske Director of Community Development Power Planner II Sampson, Community Development Economic Development Manager Hollingsworth, Community Development Network Administrator Hunnicutt, Information Technology Officer Martinez, Police Department 1 Call to Order The Special Meeting of the Englewood City Council was called to order by Mayor Sierra at 6:04 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 3 Roll Call 4 Proposed Revisions to Municipal Code Regarding Telecommunications in Rights of Way a) City Attorney Tamara Niles and outside Counsel, Colleen McCroskey, were present to discuss proposals to amend Municipal Code regarding Telecommunications in Rights of Way. Page 1 of 4 Draft Page 17 of 405 City Council Study Session October 10, 2022 5 Historic Preservation Study by Pinyon Environmental a) Erik Sampson, Planner II, and Sean Fallon from Pinyon Environmental were present to discuss an overview of the historic preservation survey. 6 Draft Economic Development Strategic Plan a) Director of Community Development Brad Power, Economic Development Manager Darren Hollingsworth, Brian Duffany, Principal and, Daniel Guimond, Senior Principal Of Economic and Planning Systems were present to discuss the Economic Development Strategic Plan. 7 Break - 10 minutes The meeting recessed at 7:51 p.m. for a break. The meeting reconvened at 8:01 p.m. with all Council Members present. 8 Strategic Plan Performance Dashboard 8:00pm - 8:20pm a) Assistant City Manager Tim Dodd was present to discuss the Strategic Plan Performance Dashboard. 9 Resolution Authorizing the City Manager to approve a 2023 Insurance Letter Agreement a) Insurance Letter Agreement Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson RESOLUTION NO. 32, SERIES OF 2022 A RESOLUTION ACCEPTING A LETTER AGREEMENT WITH KAISER FOUNDATION HEALTH PLAN OF COLORADO. For Against Abstained Cheryl Wink x Chelsea Nunnenkamp x Jim Woodward (Moved By) x Joe Anderson (Seconded By) x Othoniel Sierra x Rita Russell x Steven Ward x 7 0 0 Motion CARRIED. 10 Mayor's Choice Page 2 of 4 Draft Page 18 of 405 City Council Study Session October 10, 2022 a) Executive Session for personnel matters under C.R.S. Section 24-6- 402(4)(f)(1) specific to amendments to the City Attorney's contract. The City Attorney may attend all or part of this executive session. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF PERSONNEL MATTERS UNDER C.R.S. SECTION 24-6-402(4)(F)(1) SPECIFIC TO AMENDMENTS TO THE CITY ATTORNEY'S CONTRACT. For Against Abstained Cheryl Wink x Chelsea Nunnenkamp x Jim Woodward x Joe Anderson x Othoniel Sierra (Moved By) x Rita Russell x Steven Ward (Seconded By) x 7 0 0 Motion CARRIED. The meeting recessed at 8:26 p.m. to go into Executive Session. The meeting reconvened at 9:26 p.m. with all Council Members present. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward TO CLOSE THE EXECUTIVE SESSION For Against Abstained Cheryl Wink x Chelsea Nunnenkamp x Jim Woodward x Joe Anderson x Othoniel Sierra (Moved By) x Page 3 of 4 Draft Page 19 of 405 City Council Study Session October 10, 2022 Rita Russell x Steven Ward (Seconded By) x 7 0 0 Motion CARRIED. b) Discussion regarding October 17th Regular Meeting beginning at 6:00 p.m. Discussion ensued regarding the start time of the next Regular City Council meeting. Consensus was reached by City Council to start the Regular City Council Meeting of October 17, 2022 at 7:00 p.m. 11 Reports from Board and Commission Council Liaisons 12 Council Member’s Choice 13 City Manager’s Choice 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:36 p.m. City Clerk Page 4 of 4 Draft Page 20 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christina Underhill DEPARTMENT: Parks, Recreation & Library DATE: October 17, 2022 SUBJECT: Recognition of the Museum of Outdoor Arts DESCRIPTION: Recognition of Museum of Outdoor Arts partnership with the City of Englewood. RECOMMENDATION: Staff recommends acknowledgment for the Museum of Outdoor Arts years of services and partnership with the City of Englewood. SUMMARY: The Museum of Outdoor Arts has been a part of the Englewood community for over 20 years. While the MOA is moving their operations to Fiddler's Green they will still keep over 30 pieces of outdoor art within the City of Englewood. We greatly appreciate their dedication to the City of Englewood and continuing to keep their presence in outdoor spaces around Englewood. ANALYSIS: Key highlights of the partnership with the Museum of Outdoor Arts: • Provided after school art class sessions exclusively to City of Englewood residents free of charge. • Provided scholarships for COE residents for art classes. • Representative on Cultural Arts Commission and has offered guidance & knowledge • Outdoor sculptures, exhibits, art-based programs & special events to Englewood community Quality cultural experiences in a wide spectrum via visual art, music, and cultural classes for all ages. • Benefit to Englewood’s economy and local business by the influx of people attracted to MOA. • Promoted community pride and cultural identity for Englewood’s citizens and businesses. • The Museum of Outdoor Arts (MOA) offers the public a blend of world-class public art, architecture, landscape design, performing arts and educational programs. • Provided the community with direct access to innovative, quality arts experience. Since 2000, the indoor gallery has been home to over 200 exhibits, installations, multi-media performances, hundreds of youth art classes, artists in residence, educational outreach with schools and community placemaking projects. COUNCIL ACTION REQUESTED: Page 21 of 405 Staff recommends acknowledgment for the Museum of Outdoor Arts years of services and partnership with the City of Englewood. FINANCIAL IMPLICATIONS: NA Page 22 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: October 17, 2022 SUBJECT: CB 61 - Amending EMC 7-6C-6 to reflect provisions of Colorado Vote Without Fear Act. DESCRIPTION: CB 61 - To mirror provisions of the new Colorado Vote Without Fear Act, Englewood Municipal Code § 7-6C-6 must be revised to prohibit the open carry of firearms near ballot boxes and polling locations. RECOMMENDATION: Staff recommends Council approve a Bill for an Ordinance amending Municipal Code regarding the open carry of weapons, to reflect provisions of Colorado Vote Without Fear Act. SUMMARY: On March 30, 2022, Colorado Governor Jared Polis signed into law HB22-1086, the Vote Without Fear Act, which among other provisions, states that open carrying of firearms near ballot boxes and voting locations may intimidate, coerce, or threaten voters, and therefore must be prohibited. To mirror the provisions of this Act, Englewood Municipal Code § 7-6C-6 must be revised. The City Attorney's Office also has advised the City Clerk's Office regarding posting the required no open carry signs for the Arapahoe County ballot box at the Civic Center; Arapahoe County indicated it will post signs compliant with this new law. In addition to revisions required by this new law, additional revisions were made to EMC 7-6C-6 to reflect current names and ownership of recreational facilities governed by this section of code. COUNCIL ACTION REQUESTED: Approve the Council Bill FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Council Bill #61 Page 23 of 405 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 61 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6C, SECTION 7-6C-6 OF ENGLEWOOD MUNICIPAL CODE REGARDING BALLOT BOXES ON CITY PROPERTY. WHEREAS, on March 30, 2022, Colorado Governor Jared Polis signed into law HB22- 1086, the Vote Without Fear Act; and WHEREAS, among other provisions, that Act states that open carrying of firearms near ballot boxes and voting locations may intimidate, coerce, or threaten voters, and therefore must be prohibited; and WHEREAS, to comply with the Vote Without Fear Act, Englewood Municipal Code § 7- 6C-6 must be revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 7, Chapter 6C, Section 7-6C-6 of Englewood Municipal Code is hereby amended to read as follows (new provisions bold/italics, deleted provisions struck through): 7-6C-6: Prohibition on the Open Carrying of Firearms. A. No person shall openly carry a firearm as defined by C.R.S. § 18-1-901(3)(h) The ope carrying of firearms is prohibited in the following public areas within the City of Englewood: except for on-duty Police Department personnel. 1A. All City-owned structures, including CityCenter, excluding the Alexan Apartment Complex and the Wal-Mart property; Bi-City Wastewater Treatment Plant; Allen Water Treatment Plant and Reservoir; Miller Building ServiCenter; Englewood Police Department; Safety Services Center (Police-Fire Building) Englewood Police Substation; Fox Street Safety Services Building; Acoma Street Fire Station; Tejon Street Fire Station; Malley Senior Center; Englewood Recreation Center; Englewood Housing Authority Housing Offices; 3460 S. Sherman; Englewood Housing Authority Simon Center; and Englewood Housing Authority Orchard Place. 2B. All City owned or operated parks, trails, recreational facilities, and greenspaces, including Belleview Park; Cushing Park; Centennial Park; Brent Mayne Field; Jason Park; Romans Park; Bates/Logan Park; Cornerstone Park; Rotolo Park; Duncan Park; Barde Park; Emerson Park; Clarkson/Amherst Park; Baker Park; Miller Field; Depot Park Page 24 of 405 2 Property; Sinclair Pool; Pirates CoveAquatic Center at Belleview; Mary Carter Greenway and Trail; Little Dry Creek Greenway and Trail; Big Dry Creek Greenway and Trail; Northwest Greenbelt and Trail; Southwest Greenbelt and Trail; Hosanna Athletic Complex. 3. Inside any polling location or within 100 feet of a ballot drop box or any building in which a polling location is located on the day of any election or during the time when polling is permitted at any location, as publicly posted by the responsible designated election official. 4. Inside any central count facility or within 100 feet of any building in which a central count facility is located during any ongoing election administration activity related to an active election conducted by the designated election official, as publicly posted by that official. B. This section shall not apply to the open carrying of firearms by: 1. A person while on their own private property or while traveling directly between their private property and a place outside the 100-foot buffer zone described in (A)(3) and (A)(4) above; 2. A uniformed security guard acting within their scope of duties pursuant to contract with the owner of property described above; and 3. on-duty peace officers, acting within their scope of authority and in the performance of their duties. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. B. 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. C. 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. Page 25 of 405 3 D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1; except that for a first violation of EMC§ 7-6C-6(A)(3) and (A)(4) the fine and imprisonment shall not exceed $250 and 120 days, and successive violations shall be punished by a fine of not more than $1,000 and imprisonment of not more than 364 days. Introduced, read in full, and passed on first reading on the 17th day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper the 20th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. Othoniel Sierra, Mayor Page 26 of 405 4 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 17th day of October, 2022. Stephanie Carlile Page 27 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: October 17, 2022 SUBJECT: CB 62 - Approve a bill for an ordinance amending EMC 5-15-1 regarding definition of pawnbroker DESCRIPTION: CB 62 - Ordinance amending EMC 5-15-1 regarding definition of pawnbroker, to reflect changes in caselaw and to mirror statutory revision of CRS § 29-11.9-101 as made by HB22-1324 RECOMMENDATION: Approve Ordinance amending EMC 5-15-1 regarding definition of pawnbroker SUMMARY: On May 26, 2022, Colorado Governor Jared Polis signed into law HB22-1324, amending the definition of pawnbroker in CRS § 29-11.9-101 to comply with caselaw interpretations. To comply with caselaw interpretations and mirror state law, Englewood Municipal Code Section 5-15-1, which provides for a definition of pawnbroker, must be revised as well. In addition, the proposed ordinance revises wording (without changing substantive content) and formatting for consistency with the rest of Englewood Municipal Code. COUNCIL ACTION REQUESTED: Approve the ordinance FINANCIAL IMPLICATIONS: None Anticipated ATTACHMENTS: Council Bill #62 Page 28 of 405 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 62 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 5-15-1 OF ENGLEWOOD MUNICIPAL CODE REGARDING THE DEFINITION OF PAWNBROKER. WHEREAS, on May 26, 2022, Colorado Governor Jared Polis signed into law HB22- 1324, amending the definition of pawnbroker in CRS § 29-11.9-101 to comply with caselaw interpretations; and WHEREAS, to comply with caselaw interpretations and mirror state law, Englewood Municipal Code must be revised accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 15, Section 5-15-1 of Englewood Municipal Code is hereby amended to read as follows (new provisions bold/italics, deleted provisions struck through): 5-15-1: Definitions. As used in this Chaptersection, the following terms shall be defined as follows have the meanings indicated: A. Contract for Purchase: A contract entered into between a pawnbroker and a customer pursuant to which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer to the pawnbroker on the condition that the customer, for a fixed price and within a fixed period of time, to be no less than thirty (30) days, has the option to cancel said contract. B. Fixed Price: The amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed: (1) Oone-fifth (⅕) of the original purchase price for each month, plus the original purchase price. C. Fixed Time: That period of time, to be no less than thirty (30) days, as set forth in a contract for purchase, for an option to cancel said contract. D. Local Law Enforcement Agency: Any marshal's office, police department, or sheriff's office with jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction. Page 29 of 405 2 E. Local Licensing Authority: Means the governing body of a municipality or city and county in any incorporated area of the state. F. Option: Means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may be but does not have to be rescinded by the customer. G. Pawnbroker: A person who, in the course of their business, is (1) regularly engaged in the business of making contracts for purchase, (2) both regularly engaged in the business of making or purchase transactions and also regularly or occasionally makes contracts for purchasein the course of business. A pawnbroker is not a This section shall not apply to secondhand dealers unless except where applicable law specifically states otherwiseadopted by another section. H. Person: Any individual, firm, partnership, association, corporation, company, organization, group or entity of any kind. I. Purchase Transaction: Means tThe purchase by a pawnbroker in the course of their his/her business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase. J. Secondhand Goods: Includes aAny tangible personal property not sold as new and normally having been used by one (1) or more intermediaries, including tools and electronic devices. Secondhand goodsproperty does not include items that were sold as new and returned by the customer for exchange or refund, or . Secondhand property includes but is not limited to tools and electronic devices. Also, secondhand property does not include reconditioned property purchased from a wholesaler. K. Secondhand Dealer: A person engaged in the business of buying and selling or reselling secondhand goods. L. Tangible Personal Property: All personal property, other than a choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered tointo the possession of a pawnbroker in the course of theirhis/her business in connection with a contract for purchase or purchase transaction. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. B. 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. Page 30 of 405 3 C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 17th day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper the 20th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. Page 31 of 405 4 Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 17th day of October, 2022. Stephanie Carlile Page 32 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: October 17, 2022 SUBJECT: CB 65 - Approve a bill for an ordinance amending Title 11 Chapter 5 of Englewood Municipal Code regarding Trees and Shrubs DESCRIPTION: CB 65 - The Englewood Code Enforcement Advisory Committee requested an ordinance amending municipal code on trees and shrubs. The proposed council bill incorporates Tree City USA standards, and provides provisions requested by CEAC. RECOMMENDATION: Approve a bill for an ordinance amending City codes regarding trees and shrubs SUMMARY: The City Code Enforcement Advisory Committee analyzed the City's tree and shrub regulations, and provided a list of areas needing revision to ensure the protection of the City's tree stock. The City Attorney's Office reviewed the CEAC analysis and form tree ordinances published by Tree City USA, and discussed potential code revisions with the City arborist Dave Lee. Using a Tree City USA form ordinance, the City Attorney's Office drafted a proposed ordinance amending municipal code and worked with Dave Lee to revise and finalize it. The City Attorney attended the CEAC meeting on April 19, 2022 to discuss the proposal. After receiving comments and proposed revisions from CEAC, the City Attorney's office revised the proposed ordinance further, and the CEAC chairman notified the City Attorney on October 4, 2022 that the proposed ordinance was approved by CEAC and recommended for adoption by City Council. The proposed ordinance: Amends Municipal Code Title 5 Chapter 11, Trees and Shrubs; Authorizes City staff to create an approved tree list for public property and a list of prohibited trees within the City that "contribute to infectious disease or pest infestation of other Trees; threaten the health of other Trees; or threaten public health, safety, or welfare within the City."; Establishes that the Parks and Rec Commission also shall act as a City tree advisory board for purposes of Tree City USA designations; Incorporates by reference established tree planting and care standards; Adds a new prohibited act of "topping" trees on public property, or "cutting back limbs to stubs within a Tree’s crown to such a degree so as to remove the normal canopy and thereby disfigure the Tree, except that Trees severely damaged by storms or other natural causes"; Provides clarity in wording and consistency in form; and Page 33 of 405 Eliminates the separate nuisance tree abatement process, and moves it to the nuisance code to follow established city-wide procedures for nuisances. COUNCIL ACTION REQUESTED: Adopt proposed Council Bill FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Council Bill #65 Page 34 of 405 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 65 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER __________ A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 11 CHAPTER 5 AND EMC § 15-1-2, REGARDING TREES TO ADOPT MODEL CODE TO ENSURE PROTECTION OF CITY TREES AND MOVE CORRECTION OF TREE VIOLATIONS TO NUISANCE ABATEMENT CODES. WHEREAS, trees can reduce the erosion of topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, provide habitat for wildlife, prevent flooding, beautify neighborhoods, and enhance business areas; and WHEREAS, trees are vital to both public mental and physical health; and WHEREAS, trees in the City of Englewood increase property values, enhance the economic vitality of business areas, and beautify the community; and WHEREAS, the City of Englewood, Colorado has been recognized for 37 consecutive years as a Tree City USA by The National Arbor Day Foundation and desires to maximize its tree-planting efforts; and WHEREAS, the Code Enforcement Advisory Committee (“CEAC”) studied Englewood Municipal Code (“EMC”) Title 11, Chapter 5 regarding Trees and Shrubs, and made several recommendations for revision to ensure compliance with Tree City USA standards and to provide additional protection against an anticipated ash tree infestation; and WHEREAS, Tree City USA’s model tree ordinance serves as a basis to meet the goals and objectives of the City and CEAC in maintaining a healthy tree population and it enables the City to qualify for tree-related grants from various organizations; and WHEREAS, this model tree ordinance, as revised below to meet the needs of the City of Englewood, amends the current EMC Title 11, Chapter 5 to ensure a vibrant tree population within the City; and WHEREAS, to ensure consistency in City processes and procedures, responding to and abating nuisance tree issues shall be moved to Englewood Municipal Code regarding nuisances, as the Code amendments contained herein provide. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 35 of 405 2 Section 1. Title 11 Chapter 5 of Englewood Municipal Code is hereby amended as follows (new provisions in italics, deleted provisions struck through): Chapter 5 - TREES AND SHRUBS 11-5-1: Short Title 11-5-12: Definitions. As used herein, the terms below shall be defined as follows:For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the text, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. City: The City of Englewood, Colorado. B. Damage: Any injury to or destruction of a Tree, including but not limited to: uprooting; removal; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the Tree with impervious paving materials; or any trauma caused by accident or collision. Local Government: A county, city, city and county, incorporated town, school district, special improvement district, water district, sanitation district, fire protection district, police protection district, metropolitan district, irrigation district, drainage, public corporation or any other kind of public district or political subdivision of the State organized pursuant to law. C. Person: Any person, firm, partnership, association, corporation, company or organization of any kind. D. Plant: Any organism within the Kingdom Plantae, including trees, vines, shrubs, hedges, landscape or lawn. E. Public Property: all parks and open spaces, exterior areas, grounds and rights-of-way owned or maintained by the City. F. Public Tree: any Tree on Public Property. G. Street Tree, Tree or Plant: Any tree, vine, shrub, hedge or lawn. Any of a kingdom (plante) possessing cellulose cell walls is a tree or shrub in a public place except where otherwise indicated A perennial woody plant usually having a main dominant trunk and branches forming a distinct elevated crown with a mature height greater than 5 meters (16 feet). 11-5-23: Reserved Authority and Responsibility for Public Property. A. Delegation of authority and responsibility. The Director of Parks, Recreation, Library and Golf’s designee (hereafter the “Director”), shall have authority to plant, maintain and remove Trees and Plants growing on Public Property, including removal of Trees encroaching upon electrical, telephone, gas, or any municipal water or sewer line, or any nuisance under EMC § 15- 1-2. Page 36 of 405 3 B. The Director shall adopt a list of approved Tree species for Public Property, and a list of prohibited nuisance Tree species within the City that: contribute to infectious disease or pest infestation of other Trees; threaten the health of other Trees; or threaten public health, safety, or welfare within the City. C. Interference. No Person shall hinder, prevent, delay, or interfere with the Director or the City’s agents while enforcing this Chapter. 11-5-34: Reserved Tree Advisory Board. A. The City of Englewood Parks & Recreation Commission shall act as a Tree Advisory Board (hereafter the “Board”). B. Duties. The Board shall act in an advisory capacity to the Director and shall: 1. Coordinate and promote Arbor Day activities; 2. Review and update a five-year plan to plant and maintain Trees on Public Property; 3. Support public awareness and education programs relating to Trees; 4. Review City department concerns relating to Tree care; 5. Submit an annual report of its activities to City Council; 6. Assist with the annual application to renew the Tree City USA designation; 7. Recommend to the Director a list of preferred Tree species to plant on Public Property, and a list of prohibited nuisance species within the City; and 8. Other duties that may be assigned by City Council. 11-5-45: Property Owner's Responsibility for Public Right of Way. It shall be the responsibility at the cost of the owner, tenant, and any other Person in possession or control and agent of any property adjacent to any public sidewalk, street, avenue, highway or alley to maintain, trim, spray, remove, plant, and prune and protect all Trees and Pplants located upon such public right of way to ensure compliance with Englewood Municipal Code. 11-5-56: Preservation and Removal Procedures Tree Planting and Care Standards. When the City shall find it necessary to order the trimming, spraying, preservation or removal of trees or plants upon public or private property, as authorized in this Chapter, a written order to correct the condition shall be served upon the owner, operator, occupant, other person responsible or upon the property where the condition exists. A. Method of Service. The order required herein shall be served in one of the following ways in order of preference: 1. By making personal delivery of the order to the person responsible; 2. By leaving the order with some person of suitable age and discretion upon the premises. Page 37 of 405 4 3. By affixing a copy of the order to the door at the entrance to the premises in violation; 4. By mailing a copy of the order to the last known address of the owner of the premises by registered or certified mail, return receipt requested; 5. By publishing a copy of the order in a local paper once a week for three (3) successive weeks. B. Time for Compliance. The order required herein shall set forth a time limit for compliance of not less than twenty four (24) hours and not more than forty five (45) days, as the City deems appropriate. C. Appeal from Order. Any person to whom an order hereunder is directed may appeal, in writing, to the City within seventy two (72) hours of the service of such an order. Emergency notices, as set out in subsection F, are excluded from this procedure. The appeal shall contain the appellant's name and address, the decision being appealed and a brief explanation of why the appellant should not be required to comply with the order appealed. The City Manager or designee promptly shall meet informally with the appellant to exchange necessary information and shall issue a decision in writing to the appellant at his address stated in the appeal. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. D. Failure to Comply. When the person to whom the order is directed shall fail to comply within the specified time, the City shall remedy the condition or contract with others for such purpose and charge the cost, plus fifteen percent (15%) for administrative fees, to the person to whom the order is directed. The person remedying a condition under a contract made hereunder shall be authorized to enter premises for that purpose. Failure to comply also constitutes a Municipal ordinance violation, for which the violator may be cited and summoned into Municipal Court and, if convicted, punished according to Chapter 4, Title 1 of this Code. E. Special Assessment. If the cost of complying with a City order to trim, spray, preserve, remove trees or take other appropriate action is not paid within thirty (30) days after receipt of a statement therefor from the City, such cost, plus twenty five percent (25%) of such cost, shall be levied against the responsible property owner or property upon which said condition exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided. Such special assessment shall be certified by the EX OFFICIO TREASURER OF THE City to the Treasurer of the County of Arapahoe, State of Colorado, and shall thereupon become and be a lien upon such property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other ad valorem taxes against such property are collected. F. Emergency Notice. In the event the City finds a condition involving a tree, shrub or other plant which constitutes an immediate threat to life, limb or property, the City shall have authority to immediately have caused correction or remedy to such condition at the owners' or agents' expense without administrative fee. If the costs are Page 38 of 405 5 not paid by owner within thirty (30) days of notice of costs, the City shall initiate procedure for a special assessment as authorized under subsection E of this Section. A. Standards. Planting, maintenance, and construction activities regarding Trees shall comply with the American National Standards Institute A-300 Standards for Tree Care Operations, International Society of Arboriculture’s Tree Care Best Management Practices and Managing Trees During Construction, and applicable utility clearance industry standards, all of which are incorporated by reference as if fully set forth herein. B. Planting locations. No Tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant. C. Trees near overhead transmission lines. Only Trees approved by an overhead transmission/distribution line’s owner, licensee, or franchise holder may be planted under or within 15 lateral feet of any overhead utility wire. 11-5-67: Removal Under Special Improvement Districts. In the event the removal of any Plant or Tree is necessitated by a City paving or sidewalk district, the expense of such removal will be borne by the City, not subject to recovery from the owner or agent of the property unless such Plant or Tree was planted or placed with written permit from the City after the effective date of this Chapter. 11-5-78: Prohibited Acts, Conditions. A. Public Danger. The City shall have the authority to designate unlawful trees or plants and to order the removal of existing trees or plants, where their existence is injurious to the health and safety of citizens or property. B. . Abuse or Mutilation of Trees. Unless authorized by the City or property owner, it shall be unlawful for any Person to no person shall perform any of the following on any public property within the City or on any other private property not belonging to that person: 1. Damage or cause the Damage of a Tree or Plant, cut, carve, transplant or remove any tree or shrub or injure the bark thereof;. 2. Pick the flowers or seeds of any Tree or Plant;. 3. Attach any rope, wire, sign or other contrivance to any Tree or Plant;. 4. Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any Public Propertyarea;. or 5. Top any Public Tree by cutting back limbs to stubs within a Tree’s crown to such a degree so as to remove the normal canopy and thereby disfigure the Tree, except that Trees severely damaged by storms or other natural causes, where best pruning practices are impractical, may be exempted from this prohibition by the Director. Page 39 of 405 6 D. Interference with City. No person shall in any way interfere or cause any person to interfere with the City in or about the performance of duties as defined in this Chapter. Section 2. Section 15-1-2 of Englewood Municipal Code regarding Nuisance is hereby amended as follows, to authorize abatement of tree nuisances as defined by newly-created subsection (Z)(60 below, through the City’s pre-existing nuisance abatement (new provisions in italics and underlined, deleted provisions struck through): 15-1-2: Definitions. For the purpose of the application of the provisions of this Title, the following definitions shall apply: A. Abatement of a Nuisance: The removal, stoppage, prostration, repair, or destruction of anything which causes a nuisance, or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, effacing, or removing it. B. Alley: A public way less in size than a street, which is not designed for general travel, which is used primarily as a means of access to the rear of residences and business establishments, and which affords a secondary means of access to property. C. Building: A structure, including utilities enclosed with a roof and within exterior walls built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. D. Building Official or Chief Building Official: Where these terms are used in this Title or any Code in this Title, they shall mean the person designated by the City Manager, or his/her representative with the title of Building Official or Chief Building Official. E. Carport: As defined in EMC § 16-11-2(B). F. City: The City of Englewood, Arapahoe County, Colorado vested with the authority and responsibility for the enactment and enforcement of this Chapter, acting by and through its City Council under the Home Rule Charter, statutes and ordinances of said City of Englewood. G. City Manager: Chief administrative officer of the City of Englewood. H. Dwelling: Any building to be used for living or sleeping by human occupants. Temporary housing, as hereinafter defined shall not be regarded as a dwelling. I. Dwelling Unit: One or more rooms located within a dwelling, which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. J. Elements: Wind, rain, snow, hail, sleet, or surface run-off water. K. Emergency: An existing condition actually arising from unforeseen contingencies which immediately endangers public property, health, peace or safety. L. Extermination: The control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; or by poisoning, spraying, fumigating, trapping or similar means. Page 40 of 405 7 M. Front Yard: See "Yard, Front" as defined in EMC § 16-11-2(B). N. Garage, Private: A building, or part thereof, attached or detached and accessory to the main building, providing for the storage of motor vehicles, and in which no business is conducted. O. Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking or serving of food. P. Graffiti: The defacing of public or private property by means of painting, drawing, writing, etching, or carving with paint, spray paint, ink, knife or any similar method without written permission of the owner/property owner. Q. Habitable Room: Any enclosed floor space meeting the requirements of this Title for sleeping, living, cooking or dining purposes, excluding such spaces as closets, pantries, bath or toilet room, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, utility rooms and similar nonhabitable space. R. Hard Surface: A surface as defined in EMC § 16-11-2(B). S. Infestation: The presence within or around a dwelling of insects, rodents, vermin or other pests of such kind, or in such numbers as to cause a hazard to health. T. Inoperable Motor Vehicle: Any motor vehicle that: 1. is incapable of moving in a lawful manner under its own power; or 2. lacks a current license plate; or 3. is wrecked, damaged, dismantled or incompletely assembled. U. Junk: Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make unusable in their existing condition, but are subject to being dismantled. V. Junk Yard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. W. Litter: Garbage, refuse, and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. X. Motor Home or Motor Coach: Any wheeled vehicle which is a single, self-contained unit, with motive power, which is designed and generally and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which may occasionally be driven over the public highways as a motor vehicle. Page 41 of 405 8 Y. Noxious Matter: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals. Z. Nuisance: A condition which injures or endangers the public health, safety or welfare which includes, but is not limited to, the following: 1A. The conducting or maintaining of any business, occupation, operation, or activity prohibited by any Title of this Code; or 2B. The continuous or repeated conducting or maintaining of any business, occupation operation, activity, building, land, or premises in violation of this Title; or 3C. Any fence, wall, shed, deck, house, garage, building, structure, or any part of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, or any object stored on or in said premises; or any lot, land, yard, premises or location in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one of the following particulars: a1. By reason of being a menace, threat and/or hazard to the general health and safety of the community. b2. By reason of being a fire hazard. c3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property. d 4. By reason of deterioration or decay becomes rodent infested, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter. e5. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any or which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists. 4D. Any unlawful pollution or contamination of any surface or subsurface waters in this City, or of the air, or any water, substance, or material intended for human consumption in the City; or 5E. Any activity, operation, or condition which, after being ordered abated, corrected, or discontinued by a lawful order of an agency or officer of the City, continues to be conducted or continues to exist in violation of any of the following: a1. Any title of this Municipal Code. b2. Any regulation enacted pursuant to this Municipal Code. c3. Any statute of the State of Colorado. Page 42 of 405 9 d 4. Any regulation of the State of Colorado. 6. Any Tree as defined by EMC § 11-5-1(G), or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; threatens public health, safety, or welfare; or designated by the City of Englewood as a nuisance tree species pursuant to EMC § 11-5-2(B). AA. Occupant: See Responsible Party. BB. Off Road Vehicle (ORV): Includes, but is not limited to, an all-terrain vehicle (ATV), mini-bike, dirt bike, hovercraft, dune buggy, go-cart, boat, personal watercraft, race car or other vehicles that are not street legal in the State of Colorado, experimental vehicle, aircraft, and trailers for any of the foregoing even if properly licensed. For purposes of this definition, one (1) or more "ORV's" stored on a trailer shall be considered as one (1) ORV. CC. Organic: Referring to or derived from living organisms. DD. Owner: See Responsible Party. EE. Person: Any individual, firm, corporation, association or partnership. FF. Potable Water: Water which, without further treatment, is suitable for drinking, culinary and domestic purposes. GG. Premises: A lot, parcel, tract or plot of land, together with the buildings, structures thereon. HH. Premises, Private: Any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure, and private land on which no building exists. Private premises include business property. II. Property: Land and, generally, whatever is erected, growing upon or affixed to land. JJ. Property, Business: Real property on which is located a building. Property that is zoned or used for commercial use which is used principally for the sale or lease of merchandise, goods, or services, or interest in land which is generally recognized as being zoned for a retail or wholesale business. KK. Public Place: Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, grounds and buildings owned or maintained by the City or other governmental agency provided for the benefit of the general public. MM. Putrescible: Capable of being decomposed by microorganisms with sufficient rapidity to cause a nuisance from odors or gases. NN. Recreational Vehicle: A vehicular-type portable structure without permanent foundation. Vehicle which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Page 43 of 405 10 OO. Recyclable Material: Any material or group of materials which is generated as a by- product, which can be collected and reused or reprocessed into reusable material. PP. Refuse: All putrescible or nonputrescible waste, including garbage, rubbish, ashes, street cleanings, dead animals, offal, droppings, abandoned appliances, and vehicle parts. QQ. Responsible Party: Person, as defined herein, who is an occupant of or has actual possession of; or is the owner, either alone, jointly or severally with others of any real or personal property, or agent of the owner. For purposes of this definition ownership shall include any person, as defined herein, who: 1A. Has a legal or equitable interest in real or personal property, with or without accompanying actual possession thereof; or 2B. Acts as the agent of a person having a legal or equitable interest in real or personal property; or 3C. Is the general representative or fiduciary of an estate through which a legal or equitable interest in a real or personal property is administered; or 4D. The record owner whether person, firm or corporation, or any agent or representative of the record owner. RR. Rubbish: Nonputrescible waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, leaves, branches, wood, waste building materials, glass, bedding, crockery, household furnishings and similar materials. SS. Scrap Motor Vehicles: Motor vehicles not capable of being operated on public streets under the laws of the State of Colorado. TT. Screened: Visually obscured by screening as defined in EMC § 16-11-2(B). UU. Special Mobile Equipment: Means and consists of vehicles, self-propelled or otherwise, designed primarily for operation or use on or off the streets and highways and only incidentally used or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road construction or maintenance equipment, ditch digging or excavating apparatus, well drilling or boring equipment, fire-fighting equipment, vehicles designed to transport equipment and vehicles used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles; provided, that such equipment is transported from yard to job, job to job, or job to yard and equipment primarily designed for hoisting, lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. VV. Storage/Motor Vehicle: To leave, park, stand, or halt a vehicle or motor vehicle in a certain place for a period of seventy-two (72) hours or longer. WW. Street: Any public thoroughfare for the free passage of persons, trade or commerce, and which affords a principal means of access to property abutting along its length. This term does not include private roads. Page 44 of 405 11 XX. Temporary Housing: Any tent, trailer, coach or other structure used for human shelter, which is designed to be transportable, and which is not attached to the ground, to another structure, or to any utilities in a licensed trailer park. YY. Trailer: A Trailer or Utility Trailer as defined in the 1995 Model Traffic Code duly adopted and currently in effect in the City, as adopted. ZZ. Trailer, Small: For the purpose of Title 15, Englewood Municipal Code only, a small trailer is any wheeled vehicle, without motive power and having an empty weight of two thousand (2,000) pounds or less, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways. AAA. Trash: Discarded materials including, but not limited to household wastes, furniture, construction supplies and materials, garden, lawn and landscaping supplies and wastes, scrap wood, metal, or other materials, clothing and bedding. The terms waste and trash are interchangeable for purposes of this Ordinance. BBB. Trash Container: A container of metal, wood or plastic with a top or cover that can be securely fashioned on the container to prevent the contents from being carried or scattered by the elements or animals. Paper or plastic bags are not permitted trash containers except for grass clippings and leaves, if properly secured. CCC. Trash Hauler: Any person, partnership, or corporation transporting trash for disposal for any fee or other compensation in the City of Englewood. DDD. Truck: Any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways. EEE. Usable Open Space: On-site space that is absent of any building or structure. Open space could contain, but is not limited to the following: sidewalks, trellises, swings, arbors, swimming pools, tennis courts, and landscaping. Surface parking is not to be considered as usable open space. FFF. Vehicle: Means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks; such term, for the purpose of this Title, shall not include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operation or any device moved by muscular power. This definition also means any self-propelled vehicle, which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways. GGG. Vehicle, Motor: Any self-propelled vehicle that is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways. HHH. Waste: The terms "waste" and "trash" have the same meaning and are interchangeable for purposes of this Ordinance. (See also Trash) III. Weed: Weeds, grass, brush or other rank or noxious vegetation that has grown to maturity or is in excess of six inches (6″) in height. Page 45 of 405 12 JJJ. Yard: An existing or required open space, other than a court, on the same lot with a principal building or structure, open, unoccupied and unobstructed from the ground to the sky, except as otherwise provided herein. KKK. Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point for buildings as required by setback requirements. LLL. Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building. MMM. Yard, Side: A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line, as may be. Section 3. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. B. 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. C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Page 46 of 405 13 F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 17th day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 17th day of October, 2022. Stephanie Carlile Page 47 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Hoos DEPARTMENT: Public Works DATE: October 17, 2022 SUBJECT: CB 66 - Approve a bill for an ordinance regarding Malley Senior Recreation Center Pedestrian Improvements DESCRIPTION: CB 66 - Council approval is requested to enter into an Intergovernmental Agreement with Denver Regional Council of Governments (DRCOG) in order to receive grant funds for making sidewalk and crosswalk improvements near the Malley Senior Recreation Center. RECOMMENDATION: Staff recommends City Council approve the Bill for an Ordinance for an Intergovernmental Agreement between the City and DRCOG for the Malley Senior Recreation Center Pedestrian Improvements SUMMARY: Staff applied for funding from the Federal Transit Administration (FTA) Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program through the Denver Regional Council of Governments (DRCOG) in January of 2022. This funding source is focused on improving mobility for adults aged 60 and older, individuals with disabilities, and other vulnerable populations. This project will reconstruct the sidewalk along the east side of Lincoln Street from Old Hampden Avenue to East Floyd Avenue, the sidewalk in front of the Malley Center parking lot on the west side of Lincoln Avenue and the sidewalk on both sides of Girard Avenue from Lincoln Street to Sherman Street. The project will also include restriping the crosswalks, reconstructing the curb ramps, adding marking paint and delineator post bulb-outs and install Rectangular Rapid Flashing Beacons (RRFB) at the crosswalks at the Lincoln Street and Girard Avenue intersection. ANALYSIS: These proposed improvements will create greater walkability for vulnerable populations in the area. The project area fronts two senior living apartment buildings, the Malley Senior Recreation Center and two bus stops. The bus stops serve RTD bus routes as well as the Englewood Trolley. The existing sidewalk has numerous areas of ADA non-compliance, most notably across driveway accesses and at curb ramps. This project would eliminate non-compliant cross- slopes, remove trip hazards, help calm traffic near the Lincoln & Girard intersection, and provide a beacon-protected pedestrian crossing of Girard Ave. These improvements will help make the Page 48 of 405 Malley Center, the nearby senior living apartment buildings, and the RTD bus stops more accessible for elderly and disabled populations. COUNCIL ACTION REQUESTED: Staff recommends City Council approve the Bill for an Ordinance to enter into an Intergovernmental Agreement with DRCOG for the Malley Senior Recreation Center Pedestrian Improvements. FINANCIAL IMPLICATIONS: The total project cost is estimated to be $275,000, with about $50,000 anticipated in design support and $225,000 in construction costs. Funding Source Funding DRCOG/FTA 5310 Funds $220,000.00 City of Englewood $55,000.00 Total Funding $275,000.00 Item Cost Design Support Cost $50,000.00 Construction Cost $225,000.00 Total Cost $275,000.00 Funding for the City share of this project ($55,000) has been identified in the Public Improvement Fund project number 30-1001-003- Transportation System Upgrade which has a current balance of $193,272.62. CONNECTION TO STRATEGIC PLAN: Transportation Infrastructure: Invest in protecting transportation infrastructure in an innovative, sustainable, and cost-effective manner - Upgrade a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA guidelines This project will replace the non-compliant curb ramps at Lincoln & Girard and at the mid-block crossing on Lincoln St near the Malley Center. Multi-modal Transportation: Ensure access and increased opportunities for multi-modal transportation This project will create walkable routes between multiple senior living facilities, public transit, and the Malley Senior Recreation Center. Transportation Safety: Ensure the safety of all while traveling in Englewood - Identify and implement initial/quick strike initiatives to improve safety/awareness This project will impose traffic calming through the installation of curb bulb-outs and rectangular rapid flashing beacons. OUTREACH/COMMUNICATIONS: During the design phase, staff will notify and engage with the Malley Center staff and management staff at the Simon Center Senior Apartment building and the Orchard Place Page 49 of 405 apartment building. Shortly before construction notification will be sent to to residents in the area. Coordination and notification will occur during construction as driveways are reconstructed. ATTACHMENTS: Council Bill #66 IGA between DRCOG and City of Englewood for Malley Senior Recreation Center Pedestrian Improvements Presentation - IGA with DRCOG for Malley Senior Recreation Center Pedestrian Improvements Page 50 of 405 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 66 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD, COLORADO FOR MALLEY SENIOR CENTER SIDEWALK IMPROVEMENTS WHEREAS, the approval of this Intergovernmental Agreement with Denver Regional Council of Governments (“DRCOG”) will provide grant funds for making sidewalk and crosswalk improvements near the Malley Senior Recreation Center; and WHEREAS, DRCOG is a designated recipient of Federal Transit Administration (“FTA”) funds for the Denver-Aurora Urbanized Area (“UZA”) under Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities, which aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options; and WHEREAS, staff of the Public Works Department of the City of Englewood (“City”) applied to DRCOG for Section 5310 funds for sidewalk and crosswalk improvements near the Malley Senior Recreation Center to improve mobility for adults aged 60 and older, individuals with disabilities, and other vulnerable populations in the City; and WHEREAS, DRCOG is willing to make Section 5310 funds available to the City for the proposed project, which includes reconstructing the sidewalk near the Malley Senior Recreation Center; and WHEREAS, the estimated cost of the project is $275,000.00, with $50,000 anticipated in design support and $225,000 in construction costs; and WHEREAS, the cost to the City is $55,000.00 in project matching funds, and funding for the City share of this project has been allocated in the Public Improvement Fund, and WHEREAS, the passage of this Ordinance will permit the City of Englewood utilize DRCOG funding for the project, authorize the appropriation of matching funds in the amount of $55,000.00, and approve the Intergovernmental Agreement between the City and DRCOG for making sidewalk and crosswalk improvements near the Malley Senior Recreation Center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 51 of 405 2 Section 1. The City Council of Englewood, Colorado, hereby accepts nad approves the Intergovernmental Agreement between the Denver Regional Council of Governments (DRCOG) and the City of Englewood, Colorado for Malley Senior Center Sidewalk Improvements, a copy of which is attached hereto as Exhibit A. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. B. 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. C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. The Mayor is further authorized to accept funds administered through the DRCOG for and on behalf of the City of Englewood, Colorado. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents and accept said funds. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. Page 52 of 405 3 City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of October, 2022. for thirty (30) days. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 17th day of October, 2022. Stephanie Carlile Page 53 of 405 1 CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS 1001 17th Street, Suite 700 Denver, Colorado 80202 (“DRCOG”) and CITY OF ENGLEWOOD 1000 Englewood Parkway Englewood, Colorado 80110 (“CONTRACTOR”) for Malley Senior Center Sidewalk Improvements Project Number 412022 Contract Number EX22017 RECITALS: A. DRCOG is a designated recipient of Federal Transit Administration (FTA) funds under Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities, which aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. B. Contractor has submitted a proposal requesting Section 5310 funds to perform the tasks and activities described in Exhibit A. C. DRCOG is willing to make Section 5310 funds available to Contractor in accordance with the terms and conditions of this Contract. NOW THEREFORE, the parties hereto mutually agree as follows: 1.0 SCOPE OF WORK 1.1 Performance of Work. Contractor agrees to perform for DRCOG all of the tasks and activities set forth in Exhibit A attached hereto and incorporated herein by reference (hereinafter the “Work”). 1.2 Assurances. In addition to all other obligations contained herein, Contractor agrees: (a) to accurately proceed with diligence and promptness and to perform the Work in accordance with the highest professional workmanship and service standards in the field to the satisfaction of DRCOG; (b) to produce Work that is free from any material errors or omissions; and (c) to comply, at its own expense, with the provisions of all state, local and federal laws, regulations, ordinances, requirements and codes which are applicable to the performance of the Work hereunder or to Contractor as an employer. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 54 of 405 2 2.0 APPLICATION OF FEDERAL REQUIREMENTS 2.1 FTA Master Agreement. Contractor understands and agrees that its receipt of Section 5310 funds is contingent and conditioned on its compliance with the terms and conditions of the federal award as set forth in the FTA Master Agreement, as amended from time to time. The terms and conditions of the FTA Master Agreement are hereby incorporated herein and made a part hereof for all purposes as if fully set out. Any conflict between this agreement and the FTA Master Agreement shall be resolved in favor of the FTA Master Agreement. Any violation of a Federal requirement by the Contractor can result in an enforcement action undertaken by FTA and termination of this Contract by DRCOG and/or FTA. The current version of the FTA Master Agreement is available at: https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant- agreements 2.2 Compliance. Contractor shall at all times during the term of this Contract strictly adhere to, and comply with, all applicable federal and state laws and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this Contract. Contractor shall also require compliance with these statutes and regulations in subcontracts. Without limiting the foregoing, Contractor shall comply with all applicable laws set forth in Exhibit B, attached hereto and incorporated herein by reference. 2.3 Funding Contingency. Contractor understands and agrees that should the FTA disapprove this Contract or refuse or fail to make the grant to DRCOG as contemplated by this Contract, then this Contract shall be void and shall not be binding on any parties hereto. DRCOG is not responsible for providing any funding to substitute for the federal funds in the event the grant is withdrawn or not provided for any reason. 3.0 TIME OF PERFORMANCE The term of this Agreement shall commence upon execution and shall end August 31, 2023. No work shall commence and no reimbursable costs shall be incurred prior to the execution of this Agreement, as reflected by the execution date herein. 4.0 PAYMENT TERMS 4.1 Maximum Amount. The total cost of the Agreement shall not exceed Two Hundred and Twenty Thousand Dollars ($220,000.00). The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Contractor ’s efforts, including but not limited to salaries, benefits, overhead, administration, profits, and expenses. 4.2 Local Match. Contractor is responsible for providing local matching funds in the amount of Fifty-Five Thousand Dollars ($55,000.00). 4.3 Allowable Costs. Contractor shall only be reimbursed for costs incurred for the performance of this Contract which are determined by DRCOG to be allowable, allocable, and reasonable in accordance with the following cost principles: (a) Be in conformance with the Scope of Work, the approved budget and all other terms of this Agreement; DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 55 of 405 3 (b) Be necessary to accomplish the Work; (c) Be reasonable for the goods or services purchased; (d) Be the actual net costs to the Contractor; (e) Be incurred for Work performed after the effective date of this Contract; (f) Be satisfactorily documented; (g) Be eligible for federal participation under federal laws, regulations or directives; (h) Be consistent with federally approved accounting principles and procedures, including requirements for indirect costs, in compliance, consistent with U.S. Department of Transportation regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200; and (i) Be in compliance with the Master Agreement and any amendments thereto. 4.4 Erroneous Payments. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Contractor by deduction from subsequent payments under this Contract or other contracts between DRCOG and Contractor, to the extent permitted by federal and state law, or shall be reimbursement by Contractor to DRCOG upon demand. 5.0 INSURANCE AND INDEMNIFICATION 5.1 Coverage Amounts. Contractor shall procure and maintain, and shall cause each subcontractor of Contractor to procure and maintain the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Contract. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured by Contractor to maintain such continuous coverage. (a) Workers’ Compensation in statutory limits. (b) Employer's Liability Insurance: $100,000/each accident, $500,000/ disease - policy limit, and $100,000/disease - each employee. (c) Commercial General Liability Insurance: $1,000,000/Occurrence. (d) Automobile Liability or Hired & Non-Owned Vehicle Liability Insurance: $1,000,000/each accident. 5.2 Additional Insured. DRCOG, its officers and employees shall be named as additional insured for the Contractor's General and Automobile Liability policy under sections Certificate Holder and Description of Operations. In addition, the term of the Contract and the Contract number must be outlined under the Description of Operations. 5.3 Coverage Requirements. All coverages shall be continuously maintained from the date of commencement of services hereunder, and in the case of any claims-made policy, the DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 56 of 405 4 necessary retroactive dates and extended reporting periods shall be procured by Contractor so as to maintain such continuous coverage. Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. All insurance policies required hereunder shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against DRCOG, its officers, agents, employees and volunteers. 5.4 Cancellation. The insurance shall include provisions preventing cancellation without 30 days prior notice to DRCOG by certified mail. 5.5 Certificates of Insurance. Contractor shall provide certificates showing adequate insurance coverage as required by this Section to DRCOG with the signed Contract. No later than 15 days prior to the expiration date of any such coverage, Contractor shall deliver to DRCOG certificates of insurance evidencing renewals thereof. Upon request by DRCOG at any other time during the term of this Contract, Contractor shall within 10 days of such request supply to DRCOG evidence satisfactory to DRCOG of compliance with the provisions of this Section. Contractor shall provide certificates for its subcontractors immediately upon request by DRCOG. 5.6 Indemnification.. Each Party agrees to be responsible for its own actions or omissions, and those of its officers, agents, and employees in the performance or failure to perform work under this Agreement. Contractor shall include language in any subcontract associated with this Agreement stating that the subcontractor agrees to indemnify, save and hold harmless DRCOG for negligent acts or omissions of the subcontractor, its employees, agents, subcontracts, and assignees. Nothing herein shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 6.0 RECORDS; INSPECTION AND AUDIT 6.1 Records. Contractor shall maintain a complete file of all records, documents, communications, and other written materials which pertain to the Work, and shall maintain such records for a period of three (3) years after the date of termination of this Contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. 6.2 Audit by DRCOG. DRCOG reserves the right to audit the Contractor’s books and records for a period of three years after the expiration or termination of this Contract in order to validate the allowability of amounts paid under this Contract. Any amounts not allowed under Federal rules shall be reimbursed by the Contractor or offset against current obligations due by DRCOG to the Contractor as permitted, to the extent permitted by federal law, at DRCOG’s election. In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion of DRCOG until completion of a final audit. 6.3 Inspection. During the Contract term, the retention period and as long thereafter as the records are maintained, at any time during normal business hours, Contractor shall make available to DRCOG or its authorized representatives, any books, documents, papers or other records of the Contractor with respect to all matters covered by this Contract in order to make audit, examination, excerpts, and transcripts. Failure to make records available for inspection within 72 hours of notice shall be deemed a violation of the Contract. Contractor agrees to permit, DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 57 of 405 5 and to require its subcontractors, to permit DRCOG to have access to the sites of performance of the Work and to make site visits as needed to ensure compliance with applicable federal regulations and this Contract. 6.4 Contractor Audit. Contractor shall ensure that an annual independent audit is conduct- ed of the Contractor’s financial records in accordance with the requirements of the Single Audit Act Amendments of 1996, 31 U.S.C. § 7501, et seq., and applicable U.S. DOT “Single Audit” requirements of 2 CFR Part 1201, which incorporate by reference 2 CFR Part 200. Contractor shall, upon request, make a copy of the audit available for review by DRCOG. Should an audit or other financial review disallow any reimbursed costs, the disallowed funds shall be returned to DRCOG or, in DRCOG’s discretion and to the extent permitted by federal and state law and regulations, offset against current or future payments to Contractor. Failure to fulfill these audit obligations is a breach of this Contract and will subject Contractor to all remedies available herein and at law. 7.0 DEBARMENT, SUSPENSION By signing this Contractor, the Contractor represents that its organization and its principals and employees are not suspended or debarred from receiving federal funds and there are no pending proceedings for suspension or debarment. Further, Contractor represents that it is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension. Contractor agrees to include, a similar provision in each lower tier subcontract, ensuring that each lower tier subcontractor (i) complies with federal debarment and suspension requirements; and (ii) reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200. 8.0 TERMINATION; BREACH 8.1 Termination for Cause. If the Contractor fails to meet performance measures set by DRCOG, fails to fulfill in a timely and proper manner its obligations under this Contract, or violates any of the covenants, agreements, or stipulations of this Contract, DRCOG shall have the right to terminate this Contract by giving written notice to the Contractor of such termination, the reasons for such termination, and specifying the effective date thereof, at least 5 days before the effective date of such termination, unless a shorter time is set forth herein for any failure to fulfill Contractor’s obligations. 8.2 Termination Due to Loss of Funding. Contractor understands and agrees that it is to be paid, reimbursed, or otherwise compensated with funds provided to DRCOG under a federal grant and that all its rights, demands, and claims to compensation arising under this Contract are contingent upon receipt of such funds by DRCOG. In the event that such funds or any part thereof are not received by DRCOG, DRCOG may immediately terminate this Contract without liability, including costs for termination. 8.3 Termination for the Convenience of DRCOG. DRCOG may terminate this Contract at any time by giving written notice to the Contractor of such termination, which shall be effective upon receipt of the written notice. If the Contract is terminated by DRCOG as provided herein, the Contractor shall be entitled to receive compensation for Work performed prior to the effective date of such termination, subject to such services being completed to the satisfaction of DRCOG. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 58 of 405 6 8.4 Liability. Contractor shall not be relieved of liability to DRCOG for damages sustained by DRCOG due to any breach of the Contract by the Contractor, and DRCOG may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due DRCOG from the Contractor is determined. 8.5 Remedies. If the Contractor violates or breaches terms of this Contract, DRCOG, at its discretion, may institute such administrative, contractual or legal remedies available to DRCOG as may be appropriate. DRCOG may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold payments pending correction of deficiency by the Contractor. 2. Disallow all or part of the cost of the activity or action not in compliance. 3. Wholly or partly suspend or terminate the Contract, including suspending the Contract and services provided under the Contract pending any audit or other investigation. 4. Withhold further Contracts with Contractor. 5. Take any other remedies that may be legally available. 8.6 Corrective Action. If the Contractor fails to fully expend the contracted funds in a timely manner or fails to conform to the terms and conditions of this Contract, then DRCOG may, in its sole discretion and in addition to any other remedies it may have, require that a corrective action plan be prepared by a date specified by DRCOG and suspend payments under the Contract until Contractor prepares a corrective action plan satisfactory to DRCOG. Further, DRCOG shall have the right, upon issuance of notice to the Contractor and without necessity of an amendment, to retain and reallocate any of the funds remaining under this Contract in the event of any termination or any failure of the Contractor to provide the Work in accordance with this Contract or a corrective action plan. Nothing in this subsection shall require that DRCOG accept a corrective action plan in lieu of exercising its rights to terminate this Contract. 8.7 Project Material. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of DRCOG, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 8.8 The Parties understand and acknowledge that Contractor is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Neither party intends to violate the terms and requirements of TABOR by the execution of this Contract. It is understood and agreed that this Contract does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Contract to the contrary, all payment obligations of the Contractor are expressly dependent and conditioned upon the continuing availability of funds for the Contractor beyond the term of the Contractor’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Contractor 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 individual paying party and other applicable law. Upon the failure to appropriate such funds, this Contract shall be terminated. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 59 of 405 7 9.0 MISCELLANEOUS TERMS 9.1 Subcontractors. Contractor may utilize subcontractors to assist with non-specialized services as necessary to complete the Work provided that it first submits any proposed subcontractor and the description of their services to DRCOG for its written approval. DRCOG will not work directly with the subcontractors. The terms and conditions of this Contract shall flow down to all tiers of subcontractors. Contractor is responsible for ensuring its subcontractors adhere to the terms of conditions of this Contract. 9.2 Independent Contractor. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of DRCOG. Contractor shall not have authorization, express or implied, to bind DRCOG to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through DRCOG and DRCOG shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by DRCOG, and (iii) be solely responsible for its acts and those of its employees and agents. 9.3 Safeguarding Personally Identifiable Information. If Contractor will or may receive personally identifiable information (PII) under this Contract, Contractor shall comply with the obligations of a “Third-Party Service Provider” as defined in C.R.S. § 24-73-103(1)(i), including but not limited to: (a) implementation and maintenance of reasonable security procedures and practices that are appropriate to the nature of the PII disclosed to Contractor and reasonably designed to help protect PII from unauthorized access, use, modification, disclosure, or destruction; and (b) complying with the statutory duty to notify and cooperate with DRCOG in the event of a security breach that compromises personal information in the most expedient time and without unreasonable delay. For purpose of this Contract, “PII” shall be as defined in C.R.S. § 24- 73-103(1)(g). 9.4 Litigation Reporting. If Contractor is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Contract or may affect Contractor’s ability to perform its obligations under this Contract, Contractor shall, within 5 days after being served, notify DRCOG of such action and deliver copies of such pleading or document to DRCOG. 9.5 No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to DRCOG and Contractor, and nothing contained in this Contract shall give or allow any such claim or right of action by any other third party on such Agreement. 9.6 Assignment. This Contract shall not be assigned by Contractor without the prior written consent of DRCOG. 9.7 Choice of Law, Venue, Jurisdiction. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 60 of 405 8 be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. 9.8 Employing Workers Without Authorization. Exhibit C, the “DRCOG Contractor Services Contract Addendum-Prohibition Against Employing Workers Without Authorization”, is attached hereto and incorporated herein by reference. If the amount of this Agreement is more than $3,000, Contractor must also comply with the E-Verify Federal Contractor Rule as further explained in Exhibit D, attached hereto and incorporated herein by reference, which requires the Contactor to use the E-Ve rify program to verify the employment eligibility of all employees assigned to the Agreement and all new hires. If Contractor uses one or more subcontractors to provide services under the Agreement, Contractor shall include the language set forth in Exhibit D in any subcontract that is: (1) for commercial or noncommercial services or construction; (2) has a value of more than $3,000; and (3) includes work performed in the United States. 9.9 CORA Disclosure. To the extent not prohibited by federal or state law, this Contract and the Work are subject to public release through the Colorado Open Records Act, CRS § 24- 72-200.1, et seq., as may be updated from time to time. 9.10 Exhibits. The parties agree that this Contract is also subject to the provisions set forth in Exhibits A, B, C and D, attached hereto and incorporated herein by reference. 9.11 Authority. The undersigned signatories of Contractor represent that they have been duly authorized to execute this Contract and have full power and authority to bind Contractor to the terms and conditions hereof, and certify that their signatures below, whether handwritten, electronic, or digital or submitted by facsimile or electronic mail are their own. Contractor further understands and agrees that no further certification authority or third-party verification is necessary to validate any signature hereto and that the lack of such certification or verification will not in any way affect the enforceability of the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the ________ day of __________________________, 20___. DENVER REGIONAL COUNCIL OF GOVERNMENTS CITY OF ENGLEWOOD By: By: ________________________________ Douglas W. Rex Executive Director ATTEST: ATTEST: By: By: ________________________________ Jenny Dock Division Director, Administration and Finance DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 61 of 405 A1 EXHIBIT A: SCOPE OF WORK AND CONDITIONS Denver Regional Council of Governments (DRCOG) Title of Project Malley Senior Center Sidewalk Improvements Recipient City of Englewood DUNS # 075750133 Contact Name Jake Warren Phone # 303-762-2517 Address 1000 Englewood Parkway Englewood, CO 80110 Email: jwarren@englewoodco.gov Total Project Budget Funding Source Amount Contracted Funds $220,000.00 Cash Match $55,000.00 In-kind Match $0.00 Program Income $0.00 Agency Overview The City of Englewood is a local municipality in the state of Colorado. Service: Capital project – Sidewalk Improvements A. Service Description • The city will make significant sidewalk, crosswalk, and curb ramp improvements near the Malley Senior Recreation Center (MSRC) located at 3380 S. Lincoln St. This project will replace the existing sidewalk near the MSRC to remove trip hazards, replace deteriorated sidewalk, and bring all the sidewalk into compliance with federal ADA guidelines. • The city will replace 1,925 linear feet of sidewalk including the sidewalk along the east side of S Lincoln Street between E Hampden Avenue and E Floyd Avenue. The Sidewalk/drive-way access to the parking lots on the west wide of Lincoln to the west of the MSRC. The sidewalk on both sides of the E Girard Avenue between S Lincoln Street and S Sherman Street. (Attachment A: MSRC Sidewalk Replacement Map) • The city will replace 5 curb ramps in accordance with current ADA standards. And repaint 5 crosswalks in the area. Crosswalks repaints will include curb extensions/”Paint & Post” curb bulb outs at crosswalks where Rectangular Rapid-Flashing Beacons will be placed. • In accordance with the Pedestrian Traffic Control Plan (Attachment B): o The city will maintain access to all adjacent properties during construction, including access for individuals with disabilities. o The city may close parking lanes adjacent to proposed work o The city shall not encroach on travel lanes o Where multiple driveways access a property, contractor shall maintain full access to at least one driveway o Where only one driveway exists, the city shall construct in two phases to maintain access. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 62 of 405 A2 o The city will coordinate with RTD to relocate bus stops during construction; the city will provide information signage about relocation • In accordance with the Communication Plan (Attachment C) the city shall communicate with businesses and residents about impacts in the area prior to beginning construction. • Work on this project cannot begin until approval of the NEPA Categorical Exclusion is provided by the Federal Transit Administration. B. Service Budget Award Funding Source Project # CFDA # Amount Contracted Funds 412022 20.513 $220,000.00 Cash Match $55,000.00 In-kind Match $0.00 Program Income $0.00 Federal Award Information Federal Awarding Agency Federal Transit Administration FAIN CO-2022-022-00 Federal Award Date 08/17/2022 Indirect Rate Charged to Grant 0% Expenses Personnel $0.00 Travel $0.00 Equipment $0.00 Contractual Services $275,000.00 Consultant Design Fee for PS&E; Construction Contracting Staff Training/Education $0.00 Supplies $0.00 Indirect $0.00 Other Expenses $0.00 Total $275,000.00 DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 63 of 405 A3 C. Projected Units and Clients/Milestones Milestone Est Date of Completion Description Design Phase 12/20/2022 City will design project and execute communications plan Construction Phase 1 06/03/2023 Demo, Frame, Pour/cure sidewalk Construction Phase 2 06/25/2023 Demo, Frame, Pour/cure sidewalk Construction Phase 3 07/11/2023 Demo, Frame, Pour/cure sidewalk Construction Phase 4 07/29/2023 Demo, Frame, Pour/cure sidewalk Construction Phase 5 08/05/2023 Demo, Frame, Pour/cure sidewalk Project Complete 08/31/2023 Time allotted for cleanup Performance Standards 1. Performance will be reviewed throughout the grant agreement. Contractor will need to report to the DRCOG Project Manager whenever one or more of the following occurs. a. Budget changes in excess of 10% of the total budget or project schedule changes. b. Project outcomes were not met. c. Identification of problem areas and how the problems will be solved. d. Expected impacts and the efforts to recover from delays. 2. Contractor will need to submit to DRCOG quarterly progress reports. These reports will be submitted through DRCOG’s Contracts and Reimbursement System due on the 15th of the following months: April, July, October, and January. If the 15th of the month falls on a weekend or holiday, reports will be due the business day before. 3. Requests for reimbursement for project costs will be paid to Contractor upon presentation of invoice(s) to DRCOG for eligible costs incurred after the date of execution of this Grant through and within the limits of this Grant. Invoice(s) must be submitted to DRCOG monthly on the 15th of the month following the month expenses were incurred. For example, for expenses incurred in January, invoice(s) should be submitted by February 15. If the 15th falls on a weekend or holiday, the reimbursement request will be due the business day before. Failure to submit the reimbursement request on time may delay payment until the following month. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 64 of 405 B1 EXHIBIT B TERMS AND CONDITIONS FOR SECTION 5310 FUNDING The provisions of this Exhibit are required because this Contract is funded in whole or in part by the United States Department of Transportation (USDOT), Federal Transit Administration (FTA). The requirements in this Exhibit are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this Contract. If any requirement of this Exhibit is inconsistent with a provision found elsewhere in this Contract and is irreconcilable with such provision, the requirement in this Exhibit shall prevail. ARTICLE 1 - ETHICS, POLITICAL ACTIVITY, DISQUALIFICATION, AND CRIMINAL ACTIVITY (a) Standards of Conduct. Contractor agrees that it will establish and maintain written Standards of Conduct covering conflicts of interest that: (1) Apply to the following individuals who have a present or potential financial interest, or other significant interest, such as a present or potential employment interest in the selection, award, or administration of a third party contract or subcontract: (i) Contractor ’s officers, employees, board members, or agents engaged in the selection, award, or administration of any subcontract; (ii) The immediate family members or partners of those listed above; and (iii) An entity or organization that employs or is about to employ any person that has a relationship with any of the individuals listed above. (2) Prohibit those individuals listed above from: (i) Engaging in any activities involving the Contractor’s present or potential subcontractors at any tier, including selection, award, or administration of a subcontract in which the individual has a present or potential financial or other significant interest; and (ii) Accepting a gratuity, favor, or anything of monetary value from a present or potential subcontractor, unless the gift is unsolicited and has an insubstantial financial or nominal intrinsic value; and (3) Establish penalties, sanctions, or other disciplinary actions for violations, as permitted by state or local law or regulations, that apply to those individuals listed above. (b) Lobbying Restrictions. Contractor agrees that it will not use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Contract, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti- Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR Part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Contractor’s proper official channels. (c) Trafficking in Persons. (1) Legal Authorities. Contractor agrees to comply with federal requirements and guidance, including: (i) Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended, 22 U.S.C. § 7104(g); and (ii) The terms of this section 4(f), which have been derived from U.S. OMB regulatory guidance, “Award Term for Trafficking in Persons,” 2 CFR Part 175, per U.S. OMB’s direction (2) Provisions Applicable to Contractor. Contractor agrees to, and assures that it will: (i) Provide Information. Inform FTA immediately of any information it receives from any source alleging a violation of the prohibitions listed in in this Section; and (ii) Include the following provision in any subagreement it enters into with a private entity as defined above: “XXX agrees that it and its employees that participate in the Contract, may not: engage in severe forms of trafficking in persons DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 65 of 405 B2 during the period of time that the Contract is in effect, procure a commercial sex act during the period of time that the Contract is in effect, or use forced labor in the performance of the Contract or subagreements thereunder.” (d) Federal Tax Liability and Recent Felony Convictions. (1) Transactions Prohibited. (i) Contractor hereby agrees and certifies that it: (A) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (B) Was not convicted of a felony criminal violation under any Federal law within the preceding 24 months. (2) Flow-Down. Contractor shall flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement. (e) Debarment and Suspension. Contractor agrees to the following: (1) It will comply with the following requirements of 2 CFR Part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 CFR Part 1200. (2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and 1200.220) with any subcontractor that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions, except as authorized by— (i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR Part 1200; (ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR Part 180; and (iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or suspended contractors. (3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR Part 1200. (4) It will ensure that its subcontracts contain provisions necessary to flow down these suspension and debarment provisions to all lower tier covered transactions. (5) Contractor must not enter into a subcontract with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. As such, Contractor shall: (i) comply with federal debarment and suspension requirements; and (ii) reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200. ARTICLE 2 - PAYMENT, AUDITS AND RECORDS (a) Access to Records. Contractor agrees that it will and will require each of its subcontractors to provide: (1) The U.S. Secretary of Transportation and the Comptroller General of the United States, the state, or their duly authorized representatives, access to all third party contract records (at any tier) as required under 49 U.S.C. § 5325(g); and (2) Sufficient access to all third party contract records (at any tier) as needed for compliance with applicable federal laws, regulations, and requirements or to assure proper management of the grant as determined by FTA. (b) Access to the Sites of Performance. Contractor agrees to permit, and to require its subcontractors, to permit FTA to have access to the sites of performance of the Work, the Contractor and to make site visits as needed in compliance with applicable federal regulations. (c) Completion, Audit, Settlement, and Closeout. (1) Completion. Within ninety (90) calendar days after completion or termination of the Work (or an earlier date as agreed upon by DRCOG and Contractor, the Contractor agrees to submit to DRCOG: (i) Its final Federal Financial Report, either electronically or on Federal Financial DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 66 of 405 B3 Report Standard Form 425 (SF-425); (ii) A certification of expenses incurred that implement the Contract; and (iii) The necessary audit reports of its Contract. ARTICLE 3 - CIVIL RIGHTS (a) Civil Rights Requirements Contractor agrees that it must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance. (b) Nondiscrimination in Federal Public Transportation Programs. Contractor agrees to, and assures that it and each subcontractor will: (1) Prohibit discrimination based on race, color, religion, national origin, sex (including gender identity), disability, or age. (2) Prohibit the: (i) Exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (ii) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; or (iii) Discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332. (3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; but (ii) FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its Underlying Agreement supported with federal assistance under the Tribal Transit Program. (c) Nondiscrimination – Title VI of the Civil Rights Act. The Contractor agrees to, and assures that each subcontractor will: (1) Prohibit discrimination based on race, color, or national origin, (2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332; and (3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (iii) All other applicable federal guidance that may be issued. (d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Contractor agrees to, and assures that each subcontractor will, prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (ii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (iii) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement; (iv) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (v) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability. (2) Specifics. Contractor agrees to, and assures that each subcontractor will: (i) Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), take affirmative action that includes, but is not limited to: (A) Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers, demotions, layoffs, and terminations; but (ii) Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer;” and DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 67 of 405 B4 (3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60; and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. (e) Disadvantaged Business Enterprise. Contractor will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs) as follows: (1) Contractor agrees and agrees to obtain the agreement of each of its subcontractors to include the following assurance in every subcontract it signs: (A) Contractor and each subcontractor must not discriminate based on race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subcontract, as applicable, and the administration of its DBE program or the requirements of 49 CFR Part 26; (B) Contractor and each subcontractor must take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subcontracts; (C) Failure by Contractor or any subcontractor to carry out the requirements of this subparagraph is a material breach of this Contract or any subcontract, as applicable; and (D) The following remedies, or such other remedy as DRCOG deems appropriate, include, but are not limited to, withholding monthly progress payments, assessing sanctions, liquidated damages, and/or disqualifying the Contractor or subcontractor from future bidding as non-responsible (f) Nondiscrimination on the Basis of Sex. Contractor agrees to comply with federal prohibitions against discrimination based on sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681, et seq.; (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25; and (3) Federal transit law, specifically 49 U.S.C. § 5332. (g) Nondiscrimination on the Basis of Age. Contractor agrees to comply with federal prohibitions against discrimination based on age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination based on age; (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 CFR Part 1625; (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101, et seq., which prohibits discrimination against individuals based on age in the administration of Programs, Projects, and related activities receiving federal assistance; (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR Part 90; and (5) Federal transit law, specifically 49 U.S.C. § 5332. (h) Nondiscrimination on the Basis of Disability. Contractor agrees to comply with the following federal prohibitions against discrimination based on disability: (1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination based on disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101, et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151, et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; (ii) U.S. DOT regulations, DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 68 of 405 B5 “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR Part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR Part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR Part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR Part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR Part 64, subpart F; 58 (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR Part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR Part 609; (xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and nondiscrimination regulations and guidance. ARTICLE 4 - EMPLOYEE PROTECTIONS (a) Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 – 3708). For contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (b) Awards Involving Construction. The Contractor agrees to comply and assures that each subcontractor with all federal laws, regulations, and requirements providing protections for construction employees involved in each project or related activities with federal assistance, including the: (1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. (2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. (3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR Part 3. 81 (4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR Part 1904; “Occupational Safety and Health Standards,” 29 CFR Part 1910; and “Safety and Health Regulations for Construction,” 29 CFR Part 1926. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 69 of 405 B6 (c) Awards Not Involving Construction. The Contractor agrees to comply and assures that each subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. (d) Awards Involving Commerce. The Contractor agrees to comply and assures that each subcontractor will comply with the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. to the extent that the FLSA applies to employees performing work with federal assistance provided through the Contract involving commerce, and as the Federal Government otherwise determines applicable. (e) Public Transportation Employee Protective Arrangements. As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Contractor agrees to comply and assures that each subcontractor will comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): (1) Special Arrangements for Underlying Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The Contractor agrees, and assures that any subcontractor providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any Contractor participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate. ARTICLE 5 - ENVIRONMENTAL PROTECTIONS (a) General. The Contractor agrees to, and assures that its subcontractors will, comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance. (b) National Environmental Policy Act. The Contractor agrees to, and assures that its subcontractors will: (1) Comply and facilitate compliance with federal laws, regulations, and requirements, including, but not limited to: (i) Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139; (ii) The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321, et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 CFR Part 1500 – 1508; (iii) Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 CFR Part 771 and 49 CFR Part 622; (iv) Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note (35 Fed. Reg. 4247); and (v) Other federal environmental protection laws, regulations, and requirements applicable to DRCOG or the Grant. (2) Follow the federal guidance identified herein to the extent that the guidance is consistent with applicable authorizing legislation: (i) Joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,” January 14, 2013; (ii) Joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Public Law 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (iii) Other federal environmental guidance applicable to the DRCOG or the Grant. (c) Environmental Justice. The Contractor agrees to, and assures that its subcontractors will, promote environmental justice by following: DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 70 of 405 B7 (1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, (59 Fed. Reg. 7629, 3 C.F.R. 1994 Comp., p. 859) as well as facilitating compliance with that Executive Order; (2) U.S. DOT Order 5610.2(a), “Department of Transportation Updated Environmental Justice Order,” 77 Fed. Reg. 27534, May 10, 2012; and (3) The most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable federal laws, regulations, requirements, and guidance. (d) Other Environmental Federal Laws. The Contractor agrees to comply or facilitate compliance, and assures that its subcontractors will comply or facilitate compliance, with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.” (e) Use of Certain Public Lands. The Contractor agrees to comply, and assures that its subcontractors will comply, with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)”), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 CFR Part 774, and referenced in 49 CFR Part 622. (f) Clean Air Act (42 U.S.C. §§ 7401 – 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 – 1388), as amended. For contracts in excess of $150,000, Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401 – 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 – 1388). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (g) Solid Wastes. Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. ARTICLE 6 - PROCUREMENT, PROPERTY AND EQUIPMENT STANDARDS (a) Procurement. All procurement transactions for supplies, equipment and services shall be conducted in a manner to provide, to the maximum extent practicable, open and free competition as provided in 49 U.S.C. § 5325(a) and as determined by FTA. (b) Use of Real Property, Equipment, and Supplies. (1) Federal Interest. Contractor agrees that the Federal Government retains a federal interest in all real property, equipment, and supplies acquired or improved for use in connection with the Work (Project property) until, and to the extent that, the Federal Government removes its federal interest. (2) FTA Requirements and Guidance for Use of Project Property. Contractor agrees that: (i) Satisfactory Continuing Control. It will maintain continuing control of the use of its Project property as satisfactory to FTA, which is defined as the legal assurance that Project property will remain available to be used for its originally authorized purpose throughout its useful life or until DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 71 of 405 B8 disposition. (ii) Appropriate Use. It will use its Project property for appropriate purposes (including joint development purposes as well as uses that provide program income to support public transportation) for the duration of the useful life of its Project property, which may extend beyond the duration of the Contract, and consistent with other requirements FTA may impose. (iii) Delay or Failure to Use Project Property. The Federal Government may require it to return the entire amount of federal assistance spent on its Project property if, during the useful life of its Project property, it has unreasonably delayed using its Project property, or failed to use its Project property. (iv) Notification. It will notify DRCOG and FTA immediately when it uses any of its Project property in a manner substantially different from the representations in its Scope of Work or other documents submitted in support of the Contract, or the requirements of the Contract, or it withdraws any of its Project property from appropriate use. (v) FTA Guidance. It will consult FTA guidance through its circulars or other written documents for ways in which FTA property requirements should be implemented. FTA guidance will apply unless FTA determines otherwise in writing. (3) General Federal Requirements. Contractor agrees to comply with the applicable U.S. DOT property management provisions as provided in applicable U.S. DOT regulations. Contractor also agrees to follow FTA’s reimbursement provisions pertaining to premature dispositions of certain equipment, as provided in the Master Agreement and FTA guidance. (4) Maintenance. As provided in federal laws, regulations, requirements, and guidance, the Contractor agrees to maintain its Project property in good operating order, and comply with FTA regulations, “Transit Asset Management” and “National Transit Database,” 49 CFR Parts 625 and 630. (5) Property Records. Contractor agrees to keep satisfactory records of its use of its Project property, and, upon request, it will provide FTA the necessary information required to assure compliance with the Master Agreement. (6) Incidental Use. (i) Contractor agrees that any incidental use of Project property will not exceed what is permitted under applicable federal requirements and federal guidance. (ii) As provided in 49 U.S.C. § 5323(p), it may permit nontransit public entities and private entities to have incidental use of its federally assisted alternative fueling facilities and equipment, only if: (a) The incidental use does not interfere with public transportation operations or violate the provisions of the Contract; (b) It fully recaptures all the costs related to the incidental use from any nontransit public entity or private entity that uses the alternative fueling facilities or equipment; (c) It uses revenues it receives from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and (d) Private entities pay all applicable excise taxes on fuel. (7) Encumbrance of Project Property. Absent the express consent of the Federal Government in writing, Contractor agrees to preserve the federal interest in its Project property, and to maintain satisfactory continuing control of its Project property as follows: (i) Written Transactions. Contractor agrees that it will not execute any documents that would either adversely affect the federal interest in or impair its continuing control of the use of its Project property including, but not limited to, lease, transfer of title, lien, pledge, mortgage, encumbrance, third party contract, subagreement, grant anticipation note, alienation, innovative finance arrangements, such as a cross-border or leveraged lease, or other types of innovative financing arrangements, or any restriction, constraint, or commitment that may apply to the Project property. Upon request, the Contractor will provide a copy of any document described above to FTA. (ii) Oral Transactions. Contractor agrees it will not obligate itself in any way through an oral statement to any third party with respect to its Project property that would either adversely affect the federal interest in or impair its continuing control of the use of its Project property. (iii) Other Actions. Contractor agrees that it will not take any other action that would either adversely affect the federal interest in or impair its continuing control of the use of its Project property. (8) Useful Life of Project Property. Contractor agrees that: (i) Determining the Useful Life. FTA may establish the useful life of Project property; (ii) Required Use. It will use its Project property continuously and appropriately throughout the useful life of that property; (iii) Expired Useful Life. When the useful life of its Project property has expired, it will comply with FTA’s disposition requirements; and (iv) Premature Withdrawal. The Federal Government retains a federal interest in the fair market value of Project property or remaining useful life in Project property calculated based on straight line depreciation (including Project equipment acquired by a state). Therefore, if DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 72 of 405 B9 the Contractor withdraws that property from public transportation use prematurely, it will notify FTA immediately when any of its Project property is prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. (a) Amount of Federal Interest. The federal interest in the Contractor ’s or any of its subcontractors’ Project property will be determined based on the ratio of the federal assistance provided for that property to the actual cost of that property. (b) Financial Commitments to the Federal Government. Except as otherwise approved in writing by the Federal Government, the Contractor agrees that if its Project property is prematurely withdrawn from appropriate use: (A) It will return an amount equal to the remaining federal interest in the withdrawn property to the Federal Government; or (B) With FTA approval, it will invest an amount equal to the remaining federal interest in the withdrawn property in other transit property eligible for federal assistance provided through the Underlying Agreement. ARTICLE 7 - CHARTER SERVICE, MOTOR CARRIER SAFETY (a) Prohibitions. The Contractor agrees that neither it nor any subcontractor will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR Part 604, any other federal Charter Service regulations, federal requirements, or federal guidance. (b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA has established the following additional exceptions to those restrictions: (1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the Contractor uses that federal assistance for FTA program purposes only. (c) Violations. If Contractor or any subcontractor engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR Part 604, appendix D, or barring it or a subcontractor from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. (d) Financial Responsibility. The Contractor agrees to comply and assures that its subcontractor will comply with the economic and insurance registration requirements of the: (1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum Levels of Financial Responsibility for Motor Carriers,” 49 CFR Part 387, if it is engaged in operations requiring compliance with 49 CFR Part 387, it is engaged in interstate commerce, and it is not within a defined commercial zone; and (2) The provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of 49 CFR Part 387, and reduce the amount of insurance the Contractor must obtain to the highest amount required by any state in which the public transportation provider operates, if it operates within a public transportation service area located in more than one state, and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and 5311. (e) U.S. FMCSA Requirements. The Contractor agrees to comply and assures that its subcontractors will comply with: (1) The safety requirements of U.S. FMCSA regulations, “Federal Motor Carrier Safety Regulations,” 49 CFR Parts 390 – 397, to the extent applicable; and (2) The driver’s license requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and Penalties,” 49 CFR Part 383, 90 and “State Compliance with Commercial Driver's License,” 49 CFR Part 384, to the extent applicable, with the substance abuse requirements and guidance of U.S. FMCSA’s regulations, “Controlled Substances and Alcohol Use and Testing,” 49 CFR Part 382, and implementing federal guidance, to the extent applicable. (f) Alcohol Misuse and Prohibited Drug Use. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 73 of 405 B10 (1) Requirements. The Contractor agrees to comply and assures that its subcontractors will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655; and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR Part 40. (2) Remedies for Non-Compliance. If FTA determines that the Contractor or subcontractor receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR Part 655, the Federal Transit Administrator may bar that Contractor or subcontractor from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. ARTICLE 8 - DISPUTES, BREACHES, DEFAULTS, AND LITIGATION (a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Contract including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Contractor must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Contractor is located. The Contractor must include a similar notification requirement in its subcontracts and must require each subcontractor to include an equivalent provision in its subcontracts at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Grant or the Contract, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. ARTICLE 9 – MISCELLANEOUS (a) Rights to Inventions Made Under a Contract or Agreement. If the Contract involves the performance of experimental, developmental, or research work and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (b) Architectural Engineering and Related Services. If the Contract involves architectural engineering or related services, the Contractor agrees to comply and assures that each of its subcontractors will comply with 49 U.S.C. § 5325(b). (c) Veterans Preference. As provided in 49 U.S.C. § 5325(k), to the extent practicable, the Contractor: (1) Will give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C. chapter 53; and (2) Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. (d) Patent Rights. Contractor agrees that: (1) Its rights and responsibilities in any federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements, and guidance, including any waiver thereof; and (2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of the Contractor as a large business, small business, state government, state instrumentality, local government, Indian tribe, DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 74 of 405 B11 nonprofit organization, institution of higher education, or individual, the Contractor will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200, et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR Part 401. (e) Rights in Data and Copyrights. (1) Definition of “Subject Data.” As used in this section, “subject data” means recorded information, whether or not copyrighted, that is delivered or specified to be delivered as required by the Contract. Examples of subject data include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Underlying Agreement. (2) General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Contract: (i) Prohibitions. Contractor may not publish or reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so. (ii) Exceptions. The prohibitions do not apply to publications or reproductions for Contractor ’s own internal use, an institution of higher learning, the portion of subject data that the Federal Government has previously released or approved for release to the public, or the portion of data that has the Federal Government’s prior written consent for release. (3) Federal Rights in Data and Copyrights. Contractor agrees that: (i) General. It must provide a license to its subject data to the Federal Government that is royalty-free, non-exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes; and (ii) U.S. DOT Public Access Plan – Copyright License. Contractor grants to U.S. DOT a worldwide, non- exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully or partially by this funding agreement. Contractor herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. (f) Special Provision for Promoting Covid-19 Safety; Compliance with CDC Mask Order. (1) The Contractor agrees that it will comply, and will require all subcontractors to comply with the Centers for Disease Control and Prevention (“CDC”) Order of January 29, 2021, titled Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs (“CDC Mask Order”). One of the objectives of the CDC Mask Order is “[m]aintaining a safe and operating transportation system.” Contractor agrees that it will comply, and will require all subcontractors to comply, with the CDC Mask Order. (2) Enforcement for non-compliance. The Contractor agrees that FTA may take enforcement action for non-compliance with the CDC Mask Order, including: (i) Enforcement actions authorized by 49 U.S.C. § 5329(g); (ii) Referring the Contractor to the CDC or other Federal authority for enforcement action; (iii) Enforcement actions authorized by 2 CFR §§ 200.339 – .340; and (iv) Any other enforcement action authorized by Federal law or regulation. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 75 of 405 C1 EXHIBIT C DRCOG Contractor Services Contract Addendum Prohibition Against Employing Workers Without Authorization Prohibition Against Employing Workers Without Authorization. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this contract. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this contract. 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 the public contract for services. Contractor is prohibited from using the E-verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with a worker without authorization, Contractor shall: Notify the subcontractor and DRCOG within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the worker without authorization; 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 a worker without authorization. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Section 8-17.5-102(5). If Contractor violates a provision of this Agreement required pursuant to C.R.S. Section 8-17.5- 102, DRCOG may terminate the contract for breach of contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to DRCOG. This Exhibit does not apply to the following types of contracts: (1) intergovernmental agreements; (2) agreements for information technology services or products and services; or (3) agreements relating to the offer, issuance, or sale of securities; (4) agreements for investment advisory services or fund management services; (5) any grant, award, or contract funded by any federal or private entity for any research or sponsored project activity of an institution of higher education or an affiliate of an institution of higher education that is funded from moneys that are restricted by the entity under the grant, award, or contract, pursuant to C.R.S. § 8-17.5-101(6)(b). DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 76 of 405 C2 Pre-Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1) The undersigned hereby certifies as follows: That at the time of providing this certification, the undersigned does not knowingly employ or contract with a worker without authorization; and that the undersigned will participate in 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 under the public contract for services. Contractor: __________________________ By_________________________ Title:_______________________ ___________________________ Date DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 77 of 405 EXHIBIT D E-VERIFY FEDERAL CONTRACTOR RULE EMPLOYMENT ELIGIBILITY VERIFICATION (a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item— (1) Means any item of supply that is— (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. Employee assigned to the contract means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee— (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall— (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of— (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 78 of 405 contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of— (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee— (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that— (1) Is for—(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 79 of 405 ATTACHMENT A DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 80 of 405 ATTACHMENT B DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 81 of 405 ATTACHMENT C DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 82 of 405 ATTACHMENT AProposed Improvements - 5 curb ramp replacements - 5 crosswalk re-paints - 4-8 Flashing Beacon Posts - 1925 LF of SidewalkDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCDPage 83 of 405 Conceptual Pedestrian Traffic Control Plan - General Notes Malley Senior Recreation Center Pedestrian Improvements · Contractor shall maintain access to all adjacent properties · Contractor may close parking lanes adjacent to proposed work · Contractor shall not encroach on travel lanes · Where multiple driveways access a property, contractor shall maintain full access to at least one driveway · Where only one driveway exists (rear MSRC Parking lot, rear driveway for 125 Hampden Ave), contractor shall construct in two phases to maintain access · Will coordinate with RTD to relocate bus stops during construction; contractor to provide info sign about relocation o Will recommend to RTD that Girard Ave stop be shifted one block west o Will recommend to RTF that Lincoln St stop be shifted one block east to S Sherman SATTACHMENT BDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCDPage 84 of 405 Conceptual Pedestrian Traffic Control Plan - Phase 1 Malley Senior Recreation Center Pedestrian Improvements o t Malley Senior Recreation Center Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops Page 85 of 405 Conceptual Pedestrian Traffic Control Plan - Phase 2 Malley Senior Recreation Center Pedestrian Improvements o o Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour Proposed Temporary RTD Bus Stops Page 86 of 405 Conceptual Pedestrian Traffic Control Plan - Phase 3 Malley Senior Recreation Center Pedestrian Improvements Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops Page 87 of 405 Conceptual Pedestrian Traffic Control Plan - Phase 4 Malley Senior Recreation Center Pedestrian Improvements Work Zone Girard Ave Pedestrian Detour Lincoln St Pedestrian Detour RTD Bus Stops Page 88 of 405 1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500 www.englewoodco.gov Communications Plan Malley Senior Recreation Center Pedestrian Improvements The city is experienced with engaging with public to inform and solicit feedback and infrastructure projects. The Public Works Department regularly collaborates with the city’s Communications Department to utilize multiple tools for public outreach efforts. Below is a summary of the tools the city will use to inform the public of the Malley Senior Recreation Center (MSCR) Pedestrian Improvements. Since this project will not change the nature of how the public uses the public Right-of-Way, these efforts will focus on notification of the project and do not include gathering feedback on the design. Public Outreach Efforts Englewood Engaged Webpage The city’s project manager will coordinate with the city’s communication department to develop an Englewood Engaged Project Webpage. Englewood Engaged is a public engagement platform the city has been successfully using for multiple projects for about two years. The platform provides a hub for the city’s major projects and programs, and is continuing to become more well-know and popular with residents. The webpage will provide- at a minimum- to any interested party an overview of the project, the project limits, the project schedule, and the contact information of the city’s project manager. The webpage will be developed early in the design phase and will updated when any changes to the scope of the project may occur. ATTACHMENT CDocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 89 of 405 1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500 www.englewoodco.gov Postcard Shortly prior to construction, the city will send postcards to residents of the area near the project. The postcard will notify the residents of the upcoming construction, summarize the construction impacts, and direct interested residents to the Englewood Engaged webpage. An example of a similar postcard previously sent out by the city can be seen below. Social Media Post Shortly prior to construction, the city will send create a social media post to notify citizens of the upcoming construction, inform them of what to expect during construction, and inform them of the project goals. RTD Coordination The city will coordinate with RTD during the design phase of the project and look to leverage their existing rider notification procedures and tools to inform riders that regularly use the on-site bus stops. The city will inform RTD of any changes in scope or schedule so RTD can plan their service and rider notification accordingly. MSCR Coordination The city’s project manager will make direct contact with Parks, Recreation, Library & Golf Department leadership as well as the day-to-day management at the MSCR. The project manager will provide DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 90 of 405 1000 Englewood Parkway, Englewood, Colorado 80110; (303)762-2500 www.englewoodco.gov information on the project goals, project schedule, and the construction impacts to the area. The project manager will work with the MSCR management to avoid impacting any large events held at the MSCR. DocuSign Envelope ID: 84B72348-A20F-4BEE-9AC5-365CB2A44BCD Page 91 of 405 IGA for Malley Senior Recreation Center Pedestrian Improvements October 17, 2022 Tim Hoos –Deputy Director of Public Works –Engineering and Asset Management Page 92 of 405 Project Purpose •Improve sidewalk and crosswalks near the Malley Senior Recreation Center Page 93 of 405 Project Location Page 94 of 405 Intergovernmental Agreement Federal Transit Administration (FTA) 5310 Funds Federal funds distributed through DRCOG Page 95 of 405 Financial Implications Funding Source Funding Amount City Share $ 55,000.00 DRCOG/FTA Grant $ 220,000.00 Total $ 275,000.00 Project Expense Cost Design Support $ 50,000.00 Construction Cost $ 225,000.00 Total $ 275,000.00 Page 96 of 405 Schedule Design is scheduled to be completed in February 2023 Construction is scheduled to be completed in August 2023 Page 97 of 405 Summary Staff recommends City Council approve the Intergovernmental Agreement with DRCOG for the Malley Senior Recreation Center Pedestrian Improvements Page 98 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: October 17, 2022 SUBJECT: CB 54 - Approve 2023 Budget Ordinance - City of Englewood Budget. DESCRIPTION: CB 54 - 2023 Budget Ordinances 1 of 5-City of Englewood Budget RECOMMENDATION: Staff recommends City Council approve an Ordinance for the City of Englewood 2023 Budget. PREVIOUS COUNCIL ACTION: • January 29, 2022 - Visioning and 2023 City Council Goal Setting Workshop • April 11, 2022 - Study Session on preliminary 2023-2027 revenue and expenditures forecast assumptions • April 25, 2022 - Study Session on preliminary 2023-2027 Capital Improvement Plan at the Joint Study Session with Boards, Commissions and Committees tasked with capital review • June 20, 2022 - The first of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix • June 27, 2022 - The second of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix and there was consensus to include the capital projects listed for the following funds in the Draft 2023 Proposed Budget: Conservation Trust Fund, Open Space Fund, Water Fund, Sewer Fund, Stormwater Drainage Fund, Golf Course Fund, Concrete Utility Fund, Servicenter Fund and Capital Equipment Replacement Fund • July 25, 2022 - Study Session to follow-up with City Council regarding additional funding and questions for specific 2023 capital projects for inclusion in the Public Improvement Fund (PIF) and the Capital Projects Fund budgets. City Council directed staff to transfer $1M from the General Fund Unassigned Fund Balance to finance the gap between capital projects requests and monies available after delaying the Fiber Network capital request. • August 8, 2022 - Study Session where staff and City Council reviewed the Draft Proposed 2023 Operating and Capital Budget to incorporate any final changes before printing the Proposed 2023 Budget documents for distribution on Tuesday, September 6, 2022 • September 19, 2022 - Budget Public Hearing to obtain citizen input regarding the city's 2023 operating and capital budgets. Staff provided an overview of the city's 2023 budget and responded to City Council questions. Page 99 of 405 SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2023 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhanced public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, the budget maintains our commitments through 2023. Continued long-term planning and prioritization with the City Council and the community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood Budget is a balanced, as required by City Charter (Article X. Part 1. Budget), Resolution No. 51, Series 2016 as revised by Resolution No. 27 Series 2022. This means that across all funds, the city's Revenues in addition to the beginning Fund Balance or Funds Available meet or exceed the city's Expenditures. Governmental Fund Types: Fund Balance* + Revenues >= Expenditures Proprietary Fund Types: Funds Available** + Revenues >= Expenditures The estimated ending Governmental Fund Balances for 2023 is $22.3 million. The estimated ending Proprietary Funds Available Balances for 2023 is $20.7 million. The City's Funds are detailed in the attached 2023 Consolidated Budget Summary Sources and Uses by Fund. * Fund Balance = Assets less Liabilities ** Funds Available = Current Assets less Current Liabilities plus Principal portion of Debt Service COUNCIL ACTION REQUESTED: Staff supports this 2023 Budget and is looking forward to Council direction in addressing future budgets. FINANCIAL IMPLICATIONS: Please review the attached 2023 Consolidated Budget Summary Sources and Uses by Fund in addition to the budget using the following link: https://www.englewoodco.gov/government/city- departments/finance/budget-and-financial-reports/budget-reports . CONNECTION TO STRATEGIC PLAN: First reading of the 2023 budget ordinances supports the Strategic's Plan Governance result/outcome • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: The 2023 Budget Process included citizen input during the capital projects budget preparation through the input of the following boards, commissions and committees: Planning and Zoning Commission, Englewood Transportation Advisory Committee, Parks and Recreation Commission, Library Board and Budget Advisory Committee. Page 100 of 405 Also the annual 2023 Budget Public Hearing held on September 19, 2022 provided a venue for public comment regarding the operational and capital budgets. ATTACHMENTS: Council Bill #54 - 2023 City of Englewood Budget 2023 Consolidated Budget Summary Sources and Uses by Fund Page 101 of 405 Page 1 of 8 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 54 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2023. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for fiscal year 2023 was duly submitted by the City Manager to the City Council; WHEREAS, the City Council of the City of Englewood studied and discussed the 2023 fiscal year budget at budget workshops held on August 8, 2022; WHEREAS, a public hearing on said budget was held by the City Council at the meeting of the City Council on September 19, 2022, in conformance with § 87 of the Home Rule Charter of the City of Englewood; and WHEREAS, notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance, in conformance with § 87 of the Home Rule Charter of the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2023, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, is adopted as the budget for the City of Englewood for the fiscal year 2023. [balance of page intentionally blank] Page 102 of 405 Page 2 of 8 Section 2. GENERAL FUND 2023 BUDGET Total Fund Balance, January 1, 2023 18,174,441$ REVENUES Sales/Use Tax 38,665,000$ Property and Specific Ownership Tax 5,171,000$ Franchise/Occupation/Cigarette/Hotel Tax 4,470,000$ Licenses/Permits 1,379,300$ Intergovernmental Revenue 1,390,453$ Charges for Services 3,952,927$ Cultural & Recreation 3,124,110$ Fines & Forfeitures 447,850$ Interest 154,500$ Contribution from Component Units 1,800,000$ Other 843,175$ Total Revenues 61,398,315$ Other Financing Sources 137,817$ Total Sources of Funds 61,536,132$ EXPENDITURES Legislation 296,164$ Administration 1,413,904$ City Attorney's Office 1,175,150$ Municipal Court 1,549,949$ Human Resources 928,566$ Finance 2,125,231$ Information Technology 4,646,400$ Community Development 3,062,174$ Public Works 9,085,126$ Police 25,432,259$ Parks, Recration, Library and Golf 8,900,520$ Communications 901,754$ Contingencies 2,275,599$ Debt Service 137,817$ Component Units 197,000$ Total Expenditures 62,127,613$ Other Financing Uses 1,000,000$ Total Uses of Funds 63,127,613$ Total Fund Balance, December 31, 2022 16,582,960$ Page 103 of 405 Page 3 of 8 Section 3. SPECIAL REVENUE FUNDS [balance of page intentionally blank] Conservation Trust Fund Fund Balance, January 1, 2023 551,324$ Revenues 310,000$ Expenditures 608,825$ Fund Balance, December 31, 2023 252,499$ Donors Fund Fund Balance, January 1, 2023 713,114$ Revenues 113,100$ Expenditures 413,500$ Fund Balance, December 31, 2023 412,714$ Parks and Recreation Trust Fund Fund Balance, January 1, 2023 137,596$ Revenues 2,500$ Expenditures 15,000$ Fund Balance, December 31, 2023 125,096$ Malley Center Trust Fund Fund Balance, January 1, 2023 425,356$ Revenues 3,000$ Expenditures 35,000$ Fund Balance, December 31, 2023 393,356$ Open Space Fund Fund Balance, January 1, 2023 600,356$ Revenues 1,552,845$ Expenditures 1,501,405$ Fund Balance, December 31, 2023 651,796$ Page 104 of 405 Page 4 of 8 Section 4. DEBT SERVICE FUNDS [balance of page intentionally blank] Recreation General Obligation Bonds Fund Balance, January 1, 2023 92,092$ Revenues 550,500$ Expenditures 626,800$ Fund Balance, December 31, 2023 15,792$ Police HQ General Obligation Bonds Fund Balance, January 1, 2023 86,658$ Revenues 2,202,000$ Expenditures 2,232,300$ Fund Balance, December 31, 2023 56,358$ Page 105 of 405 Page 5 of 8 Section 5. CAPITAL PROJECT FUNDS [balance of page intentionally blank] Public Improvement Fund Fund Balance, January 1, 2023 2,139,404$ Revenues 8,050,000$ Expenditures 8,756,319$ Transfer In 1,000,000$ Transfer Out 1,637,817$ Fund Balance, December 31, 2023 795,268$ Capital Projects Fund Fund Balance, January 1, 2023 379,118$ Revenues 5,000$ Expenditures 1,165,540$ Transfer In 1,500,000$ Fund Balance, December 31, 2023 718,578$ Police HQ Construction Fund Fund Balance, January 1, 2023 2,824,149$ Revenues -$ Expenditures 500,600$ Fund Balance, December 31, 2023 2,323,549$ Page 106 of 405 Page 6 of 8 Section 6. ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2023 16,923,634$ Revenues 16,736,451$ Expenditures 31,079,857$ Fund Balance, December 31, 2023 2,580,228$ Sewer Fund Fund Balance, January 1, 2023 2,414,062$ Revenues 29,443,815$ Expenditures 29,681,504$ Fund Balance, December 31, 2023 2,176,373$ Storm Drainage Fund Fund Balance, January 1, 2023 28,595,558$ Revenues 3,399,000$ Expenditures 22,218,156$ Fund Balance, December 31, 2023 9,776,402$ Golf Course Fund Fund Balance, January 1, 2023 807,658$ Revenues 2,789,296$ Expenditures 2,794,341$ Fund Balance, December 31, 2023 802,613$ Concrete Utility Fund Fund Balance, January 1, 2023 1,713,281$ Revenues 1,057,600$ Expenditures 1,158,040$ Fund Balance, December 31, 2023 1,612,841$ Housing Rehabilitation Fund Fund Balance, January 1, 2023 851,377$ Revenues 133,250$ Expenditures 350,150$ Fund Balance, December 31, 2023 634,477$ Page 107 of 405 Page 7 of 8 Section 7. INTERNAL SERVICE FUNDS [balance of page intentionally blank] Servicenter Fund Fund Balance, January 1, 2023 67,505$ Revenues 2,523,961$ Expenditures 2,549,719$ Fund Balance, December 31, 2023 41,747$ Capital Equipment Replacement Fund Fund Balance, January 1, 2023 2,434,596$ Revenues 1,360,962$ Expenditures 1,878,195$ Fund Balance, December 31, 2023 1,917,363$ Risk Management Fund Fund Balance, January 1, 2023 1,247,466$ Revenues 1,551,187$ Expenditures 2,061,072$ Fund Balance, December 31, 2023 737,581$ Employee Benefits Fund Fund Balance, January 1, 2023 450,336$ Revenues 6,805,381$ Expenditures 6,831,240$ Fund Balance, December 31, 2023 424,477$ Page 108 of 405 Page 8 of 8 Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022 for thirty (30) days. Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 109 of 405 2023 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Unappropriated Balance General Fund 18,174,441 61,536,132 63,127,613 16,582,960 12,053,519 4,529,441 Special Revenue Funds Conservation Trust Fund 551,324 310,000 608,825 252,499 — 252,499 Donors Fund 713,114 113,100 413,500 412,714 — 412,714 Malley Center Trust Fund 425,356 3,000 35,000 393,356 — 393,356 Parks & Recreation Trust Fund 137,596 2,500 15,000 125,096 — 125,096 Open Space Fund 600,356 1,552,845 1,501,405 651,796 — 651,796 Total Special Revenue Funds 2,427,746 1,981,445 2,573,730 1,835,461 — 1,835,461 Debt Service Fund General Obligation Bond Fund 92,092 550,500 626,800 15,792 — 15,792 Police HQ GO Bond 86,658 2,202,000 2,232,300 56,358 — 56,358 Total Debt Service Fund 178,750 2,752,500 2,859,100 72,150 — 72,150 Capital Projects Funds Public Improvement Fund 2,139,404 9,050,000 10,394,136 795,268 — 795,268 Capital Projects Fund 379,118 1,505,000 1,165,540 718,578 — 718,578 Police HQ Construction Fund 2,824,149 — 500,600 2,323,549 — 2,323,549 Total Capital Projects Funds 5,342,671 10,555,000 12,060,276 3,837,395 — 3,837,395 Total Governmental Funds 26,123,608 76,825,077 80,620,719 22,327,966 12,053,519 10,274,447 Proprietary Fund Types Enterprise Funds Water Fund 16,923,634 16,736,451 31,079,857 2,580,228 — 2,580,228 Sewer Fund 2,414,062 29,443,815 29,681,504 2,176,373 — 2,176,373 Stormwater Drainage Fund 28,595,558 3,399,000 22,218,156 9,776,402 — 9,776,402 Golf Course Fund 807,658 2,789,296 2,794,341 802,613 — 802,613 Concrete Utility Fund 1,713,281 1,057,600 1,158,040 1,612,841 — 1,612,841 Housing Rehabilitation Fund 851,377 133,250 350,150 634,477 — 634,477 Total Enterprise Funds 51,305,570 53,559,412 87,282,048 17,582,934 — 17,582,934 Internal Service Funds Central Services Fund — — — — — — ServiCenter Fund 67,505 2,523,961 2,549,719 41,747 — 41,747 Capital Equipment Replacement Fund 2,434,596 1,360,962 1,878,195 1,917,363 — 1,917,363 Risk Management Fund 1,247,466 1,551,187 2,061,072 737,581 — 737,581 Employee Benefits Fund 450,336 6,805,381 6,831,240 424,477 — 424,477 Total Internal Service Funds 4,199,903 12,241,491 13,320,226 3,121,168 — 3,121,168 Total Proprietary Funds 55,505,473 65,800,903 100,602,274 20,704,102 — 20,704,102 Total All Funds 81,629,081 142,625,980 181,222,993 43,032,068 12,053,519 30,978,549 Page 110 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: October 17, 2022 SUBJECT: CB 55 - Approve 2023 Budget Ordinance-City of Englewood Appropriation DESCRIPTION: CB 55 - 2023 Budget Ordinances 2 of 5-City of Englewood Appropriation RECOMMENDATION: Staff recommends City Council approve an Ordinance for the City of Englewood 2023 Budget. PREVIOUS COUNCIL ACTION: • January 29, 2022 - Visioning and 2023 City Council Goal Setting Workshop • April 11, 2022 - Study Session on preliminary 2023-2027 revenue and expenditures forecast assumptions • April 25, 2022 - Study Session on preliminary 2023-2027 Capital Improvement Plan at the Joint Study Session with Boards, Commissions and Committees tasked with capital review • June 20, 2022 - The first of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix • June 27, 2022 - The second of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix and there was consensus to include the capital projects listed for the following funds in the Draft 2023 Proposed Budget: Conservation Trust Fund, Open Space Fund, Water Fund, Sewer Fund, Stormwater Drainage Fund, Golf Course Fund, Concrete Utility Fund, Servicenter Fund and Capital Equipment Replacement Fund • July 25, 2022 - Study Session to follow-up with City Council regarding additional funding and questions for specific 2023 capital projects for inclusion in the Public Improvement Fund (PIF) and the Capital Projects Fund budgets. City Council directed staff to transfer $1M from the General Fund Unassigned Fund Balance to finance the gap between capital projects requests and monies available after delaying the Fiber Network capital request. • August 8, 2022 - Study Session where staff and City Council reviewed the Draft Proposed 2023 Operating and Capital Budget to incorporate any final changes before printing the Proposed 2023 Budget documents for distribution on Tuesday, September 6, 2022 • September 19, 2022 - Budget Public Hearing to obtain citizen input regarding the city's 2023 operating and capital budgets. Staff provided an overview of the city's 2023 budget and responded to City Council questions. Page 111 of 405 SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2023 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhanced public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, the budget maintains our commitments through 2023. However, continued long-term planning and prioritization with the City Council and the community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood Budget is a balanced, as required by City Charter (Article X. Part 1. Budget), Resolution No. 51, Series 2016 as revised by Resolution No. 27 Series 2022. This means that across all funds, the city's Revenues in addition to the beginning Fund Balance or Funds Available meet or exceed the city's Expenditures. Governmental Fund Types: Fund Balance* + Revenues >= Expenditures Proprietary Fund Types: Funds Available** + Revenues >= Expenditures The estimated ending Governmental Fund Balances for 2023 is $22.3 million. The estimated ending Proprietary Funds Available Balances for 2023 is $20.7 million. The City's Funds are detailed in the attached 2023 Consolidated Budget Summary Sources and Uses by Fund. * Fund Balance = Assets less Liabilities ** Funds Available = Current Assets less Current Liabilities plus Principal portion of Debt Service COUNCIL ACTION REQUESTED: Staff supports this 2023 Budget and is looking forward to Council direction in addressing future budgets. FINANCIAL IMPLICATIONS: Please review the attached 2023 Consolidated Budget Summary Sources and Uses by Fund in addition to the budget using the following link: https://www.englewoodco.gov/government/city- departments/finance/budget-and-financial-reports/budget-reports . CONNECTION TO STRATEGIC PLAN: First reading of the 2023 budget ordinances supports the Strategic's Plan Governance result/outcome • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: The 2023 Budget Process included citizen input during the capital projects budget preparation through the input of the following boards, commissions and committees: Planning and Zoning Commission, Englewood Transportation Advisory Committee, Parks and Recreation Commission, Library Board and Budget Advisory Committee. Page 112 of 405 Also the annual 2023 Budget Public Hearing held on September 19, 2022 provided a venue for public comment regarding the operational and capital budgets. ATTACHMENTS: Council Bill #55 - 2023 City of Englewood Appropriation 2023 Consolidated Budget Summary Sources and Uses by Fund Page 113 of 405 Page 1 of 6 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 55 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2023, AND ENDING DECEMBER 31, 2023, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2023. WHEREAS, a public hearing on the Proposed 2023 Budget was held September 19, 2022; WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at budget workshops held on August 8, 2022; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January 1, 2023, and ending December 31, 2023, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows: [balance of page intentionally blank] Page 114 of 405 Page 2 of 6 GENERAL FUND Legislation 296,164$ Administration 1,413,904$ City Attorney's Office 1,175,150$ Municipal Court 1,549,949$ Human Resources 928,566$ Finance 2,125,231$ Information Technology 4,646,400$ Community Development 3,062,174$ Public Works 9,085,126$ Police 25,432,259$ Parks, Recration, Library and Golf 8,900,520$ Communications 901,754$ Contingencies 2,275,599$ Debt Service 137,817$ Other Financing Uses 1,000,000$ Component Uses 197,000$ Total General Fund 63,127,613$ CONSERVATION TRUST FUND Total Conservation Trust Fund 608,825$ DONORS FUND Total Donors Fund 413,500$ PARKS AND RECREATION TRUST FUND Total Parks and RecreationTrust Fund 15,000$ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund 35,000$ OPEN SPACE FUND Total Open Space Fund 1,501,405$ Page 115 of 405 Page 3 of 6 GENERAL OBLIGATION BOND FUND-RECREATION Total General Obligation Bond Fund 626,800$ GENERAL OBLIGATION BOND FUND-POLICE HEADQUARTERS Total General Obligation Bond Fund 2,232,300$ PUBLIC IMPROVEMENT FUND Total Public Improvement Fund 10,394,136$ CAPITAL PROJECTS FUND Total Capital Projects Fund 1,165,540$ POLICE HQ CONSTRUCTION FUND Total Police HQ Construction Fund 500,600$ WATER FUND Total Water Fund 31,079,857$ SEWER FUND Total Sewer Fund 29,681,504$ STORM DRAINAGE FUND Total Storm Drainage Fund 22,218,156$ GOLF COURSE FUND Total Golf Course Fund 2,794,341$ CONCRETE UTILITY FUND Total concrete Utility Fund 1,158,040$ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund 350,150$ Page 116 of 405 Page 4 of 6 [balance of page intentionally blank] SERVICENTER FUND Total Servicenter Fund 2,549,719$ CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund 1,878,195$ RISK MANAGEMENT FUND Total Risk Management Fund 2,061,072$ EMPLOYEE BENEFITS FUND Total Employee Benefits Fund 6,831,240$ Page 117 of 405 Page 5 of 6 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2023. Section 3. All monies in the hands of the Director of Finance, or to come into the Director's hands for the fiscal year 2022, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2023. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 2023, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 2022, any surplus money in any of the respective funds, after all claims for 2022 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022 for thirty (30) days. Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor Page 118 of 405 Page 6 of 6 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 119 of 405 2023 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Unappropriated Balance General Fund 18,174,441 61,536,132 63,127,613 16,582,960 12,053,519 4,529,441 Special Revenue Funds Conservation Trust Fund 551,324 310,000 608,825 252,499 — 252,499 Donors Fund 713,114 113,100 413,500 412,714 — 412,714 Malley Center Trust Fund 425,356 3,000 35,000 393,356 — 393,356 Parks & Recreation Trust Fund 137,596 2,500 15,000 125,096 — 125,096 Open Space Fund 600,356 1,552,845 1,501,405 651,796 — 651,796 Total Special Revenue Funds 2,427,746 1,981,445 2,573,730 1,835,461 — 1,835,461 Debt Service Fund General Obligation Bond Fund 92,092 550,500 626,800 15,792 — 15,792 Police HQ GO Bond 86,658 2,202,000 2,232,300 56,358 — 56,358 Total Debt Service Fund 178,750 2,752,500 2,859,100 72,150 — 72,150 Capital Projects Funds Public Improvement Fund 2,139,404 9,050,000 10,394,136 795,268 — 795,268 Capital Projects Fund 379,118 1,505,000 1,165,540 718,578 — 718,578 Police HQ Construction Fund 2,824,149 — 500,600 2,323,549 — 2,323,549 Total Capital Projects Funds 5,342,671 10,555,000 12,060,276 3,837,395 — 3,837,395 Total Governmental Funds 26,123,608 76,825,077 80,620,719 22,327,966 12,053,519 10,274,447 Proprietary Fund Types Enterprise Funds Water Fund 16,923,634 16,736,451 31,079,857 2,580,228 — 2,580,228 Sewer Fund 2,414,062 29,443,815 29,681,504 2,176,373 — 2,176,373 Stormwater Drainage Fund 28,595,558 3,399,000 22,218,156 9,776,402 — 9,776,402 Golf Course Fund 807,658 2,789,296 2,794,341 802,613 — 802,613 Concrete Utility Fund 1,713,281 1,057,600 1,158,040 1,612,841 — 1,612,841 Housing Rehabilitation Fund 851,377 133,250 350,150 634,477 — 634,477 Total Enterprise Funds 51,305,570 53,559,412 87,282,048 17,582,934 — 17,582,934 Internal Service Funds Central Services Fund — — — — — — ServiCenter Fund 67,505 2,523,961 2,549,719 41,747 — 41,747 Capital Equipment Replacement Fund 2,434,596 1,360,962 1,878,195 1,917,363 — 1,917,363 Risk Management Fund 1,247,466 1,551,187 2,061,072 737,581 — 737,581 Employee Benefits Fund 450,336 6,805,381 6,831,240 424,477 — 424,477 Total Internal Service Funds 4,199,903 12,241,491 13,320,226 3,121,168 — 3,121,168 Total Proprietary Funds 55,505,473 65,800,903 100,602,274 20,704,102 — 20,704,102 Total All Funds 81,629,081 142,625,980 181,222,993 43,032,068 12,053,519 30,978,549 Page 120 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: October 17, 2022 SUBJECT: CB 56 - Approve 2023 Budget Ordinance-City of Englewood Property Tax Mill Levies DESCRIPTION: CB 56 - 2023 Budget Ordinances 3 of 5-City of Englewood Property Tax Mill Levies RECOMMENDATION: Staff recommends City Council approve an Ordinance for the City of Englewood 2023 Budget. PREVIOUS COUNCIL ACTION: • January 29, 2022 - Visioning and 2023 City Council Goal Setting Workshop • April 11, 2022 - Study Session on preliminary 2023-2027 revenue and expenditures forecast assumptions • April 25, 2022 - Study Session on preliminary 2023-2027 Capital Improvement Plan at the Joint Study Session with Boards, Commissions and Committees tasked with capital review • June 20, 2022 - The first of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix • June 27, 2022 - The second of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix and there was consensus to include the capital projects listed for the following funds in the Draft 2023 Proposed Budget: Conservation Trust Fund, Open Space Fund, Water Fund, Sewer Fund, Stormwater Drainage Fund, Golf Course Fund, Concrete Utility Fund, Servicenter Fund and Capital Equipment Replacement Fund • July 25, 2022 - Study Session to follow-up with City Council regarding additional funding and questions for specific 2023 capital projects for inclusion in the Public Improvement Fund (PIF) and the Capital Projects Fund budgets. City Council directed staff to transfer $1M from the General Fund Unassigned Fund Balance to finance the gap between capital projects requests and monies available after delaying the Fiber Network capital request. • August 8, 2022 - Study Session where staff and City Council reviewed the Draft Proposed 2023 Operating and Capital Budget to incorporate any final changes before printing the Proposed 2023 Budget documents for distribution on Tuesday, September 6, 2022 • September 19, 2022 - Budget Public Hearing to obtain citizen input regarding the city's 2023 operating and capital budgets. Staff provided an overview of the city's 2023 budget and responded to City Council questions. Page 121 of 405 SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2023 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhanced public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, the budget maintains our commitments through 2023. However, continued long-term planning and prioritization with the City Council and the community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2023 Budget is a balanced, as required by City Charter (Article X. Part 1. Budget) and Resolution No. 51, Series 2016 as revised by Resolution No. 27 Series 2022. This means that across all funds, the city's Revenues in addition to the beginning Fund Balance or Funds Available meet or exceed the city's Expenditures. Governmental Fund Types: Fund Balance* + Revenues >= Expenditures Proprietary Fund Types: Funds Available** + Revenues >= Expenditures The estimated ending Governmental Fund Balances for 2023 is $22.3 million. The estimated ending Proprietary Funds Available Balances for 2023 is $20.7 million. The City's Funds are detailed in the attached 2023 Consolidated Budget Summary Sources and Uses by Fund. Following are the 2022 Property Tax Mill Levies to be collected in 2023: Estimated Amount Mill Levy and Description $5,171,000 5.880 Mill Levy - General Fund Operations $ 550,000 0.626 Mill Levy - Debt Service Recreation General Obligation Bonds $2,200,000 2.505 Mill Levy - Debt Service Police Headquarter Building General Obligation Bonds $7,921,000 9.011 Mill Levy - Total 2022 Property Tax Mill Levies Collected in 2023 * Fund Balance = Assets less Liabilities ** Funds Available = Current Assets less Current Liabilities plus Principal portion of Debt Service COUNCIL ACTION REQUESTED: Staff supports this 2023 Budget and is looking forward to Council direction in addressing future budgets. FINANCIAL IMPLICATIONS: Please review the attached 2023 Consolidated Budget Summary Sources and Uses by Fund in addition to the budget using the following link: https://www.englewoodco.gov/government/city- departments/finance/budget-and-financial-reports/budget-reports . Page 122 of 405 CONNECTION TO STRATEGIC PLAN: First reading of the 2023 budget ordinances supports the Strategic's Plan Governance result/outcome • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: The 2023 Budget Process included citizen input during the capital projects budget preparation through the input of the following boards, commissions and committees: Planning and Zoning Commission, Englewood Transportation Advisory Committee, Parks and Recreation Commission, Library Board and Budget Advisory Committee. Also the annual 2023 Budget Public Hearing held on September 19, 2022 provided a venue for public comment regarding the operational and capital budgets. ATTACHMENTS: Council Bill #56 - 2023 City of Englewood Property Tax Mill Levies City of Englewood Property Tax Calculation Residential and Non-Residential 2023 Consolidated Budget Summary Sources and Uses by Fund Page 123 of 405 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 56 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2022, due and payable as required by statute in the year 2023, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, 0.626 mills on the dollar for the Recreation General Obligation Bond Debt Service Fund and 2.505 mills on the dollar for the Englewood Police Headquarters General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. Page 124 of 405 2 B. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. C. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. D. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022 for thirty (30) days. Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor Page 125 of 405 3 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 126 of 405 RESIDENTIAL NON-RESIDENTIAL City of Englewood, Colorado - Property Tax Calculation 2022 Mill Levy 2022 Mill Levy 2022 Mill Levy 2022 Mill Levy Payable in 2023 Payable in 2023 Payable in 2023 Payable in 2023 Market Value A 400,000$ 100,000$ 400,000$ 100,000$ Assessment Ratio B 6.95%6.95%27.90%27.90% Assessed Value C = A * B 27,800$ 6,950$ 111,600$ 27,900$ General Operations Mill Levy D 5.880 5.880 5.880 5.880 Mill Levy Per Dollar E 0.001$ 0.001$ 0.001$ 0.001$ Taxes Paid for General Fund Operations F = C * D * E 163.46$ 40.87$ 656.21$ 164.05$ Market Value A 400,000$ 100,000$ 400,000$ 100,000$ Assessment Ratio B 6.95%6.95%27.90%27.90% Assessed Value C = A * B 27,800$ 6,950$ 111,600$ 27,900$ Debt Service Mill Levy D 0.626 0.626 0.626 0.626 Mill Levy Per Dollar E 0.001$ 0.001$ 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 17.40$ 4.35$ 69.86$ 17.47$ Market Value A 400,000$ 100,000$ 400,000$ 100,000$ Assessment Ratio B 6.95%6.95%27.90%27.90% Assessed Value C = A * B 27,800$ 6,950$ 111,600$ 27,900$ Debt Service Mill Levy D 2.505 2.505 2.505 2.505 Mill Levy Per Dollar E 0.001$ 0.001$ 0.001$ 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 69.64$ 17.41$ 279.56$ 69.89$ Market Value A 400,000$ 100,000$ 400,000$ 100,000$ Assessment Ratio B 6.95%6.95%27.90%27.90% Assessed Value C = A * B 27,800$ 6,950$ 111,600$ 27,900$ Combined General Operations and Debt Service Mill Levies D 9.011 9.011 9.011 9.011 Mill Levy Per Dollar E 0.001$ 0.001$ 0.001$ 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 250.51$ 62.63$ 1,005.63$ 251.41$ Page 127 of 405 2023 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Unappropriated Balance General Fund 18,174,441 61,536,132 63,127,613 16,582,960 12,053,519 4,529,441 Special Revenue Funds Conservation Trust Fund 551,324 310,000 608,825 252,499 — 252,499 Donors Fund 713,114 113,100 413,500 412,714 — 412,714 Malley Center Trust Fund 425,356 3,000 35,000 393,356 — 393,356 Parks & Recreation Trust Fund 137,596 2,500 15,000 125,096 — 125,096 Open Space Fund 600,356 1,552,845 1,501,405 651,796 — 651,796 Total Special Revenue Funds 2,427,746 1,981,445 2,573,730 1,835,461 — 1,835,461 Debt Service Fund General Obligation Bond Fund 92,092 550,500 626,800 15,792 — 15,792 Police HQ GO Bond 86,658 2,202,000 2,232,300 56,358 — 56,358 Total Debt Service Fund 178,750 2,752,500 2,859,100 72,150 — 72,150 Capital Projects Funds Public Improvement Fund 2,139,404 9,050,000 10,394,136 795,268 — 795,268 Capital Projects Fund 379,118 1,505,000 1,165,540 718,578 — 718,578 Police HQ Construction Fund 2,824,149 — 500,600 2,323,549 — 2,323,549 Total Capital Projects Funds 5,342,671 10,555,000 12,060,276 3,837,395 — 3,837,395 Total Governmental Funds 26,123,608 76,825,077 80,620,719 22,327,966 12,053,519 10,274,447 Proprietary Fund Types Enterprise Funds Water Fund 16,923,634 16,736,451 31,079,857 2,580,228 — 2,580,228 Sewer Fund 2,414,062 29,443,815 29,681,504 2,176,373 — 2,176,373 Stormwater Drainage Fund 28,595,558 3,399,000 22,218,156 9,776,402 — 9,776,402 Golf Course Fund 807,658 2,789,296 2,794,341 802,613 — 802,613 Concrete Utility Fund 1,713,281 1,057,600 1,158,040 1,612,841 — 1,612,841 Housing Rehabilitation Fund 851,377 133,250 350,150 634,477 — 634,477 Total Enterprise Funds 51,305,570 53,559,412 87,282,048 17,582,934 — 17,582,934 Internal Service Funds Central Services Fund — — — — — — ServiCenter Fund 67,505 2,523,961 2,549,719 41,747 — 41,747 Capital Equipment Replacement Fund 2,434,596 1,360,962 1,878,195 1,917,363 — 1,917,363 Risk Management Fund 1,247,466 1,551,187 2,061,072 737,581 — 737,581 Employee Benefits Fund 450,336 6,805,381 6,831,240 424,477 — 424,477 Total Internal Service Funds 4,199,903 12,241,491 13,320,226 3,121,168 — 3,121,168 Total Proprietary Funds 55,505,473 65,800,903 100,602,274 20,704,102 — 20,704,102 Total All Funds 81,629,081 142,625,980 181,222,993 43,032,068 12,053,519 30,978,549 Page 128 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: October 17, 2022 SUBJECT: CB 57 -Approve 2023 Budget Ordinance-South Platte Renew (SPR) Budget DESCRIPTION: CB 57 - 2023 Budget Ordinances 4 of 5-South Platte Renew (SPR) Budget RECOMMENDATION: Staff recommends City Council approve an Ordinance for the South Platte Renew 2023 Budget. PREVIOUS COUNCIL ACTION: • January 29, 2022 - Visioning and 2023 City Council Goal Setting Workshop • April 11, 2022 - Study Session on preliminary 2023-2027 revenue and expenditures forecast assumptions • April 25, 2022 - Study Session on preliminary 2023-2027 Capital Improvement Plan at the Joint Study Session with Boards, Commissions and Committees tasked with capital review • June 20, 2022 - The first of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix • June 27, 2022 - The second of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix and there was consensus to include the capital projects listed for the following funds in the Draft 2023 Proposed Budget: Conservation Trust Fund, Open Space Fund, Water Fund, Sewer Fund, Stormwater Drainage Fund, Golf Course Fund, Concrete Utility Fund, Servicenter Fund and Capital Equipment Replacement Fund • June 28, 2022 - South Platte Renew Staff reviewed the proposed 2023 Budget with the Supervisory Committee. • July 25, 2022 - Study Session to follow-up with City Council regarding additional funding and questions for specific 2023 capital projects for inclusion in the Public Improvement Fund (PIF) and the Capital Projects Fund budgets. City Council directed staff to transfer $1M from the General Fund Unassigned Fund Balance to finance the gap between capital projects requests and monies available after delaying the Fiber Network capital request. • July 28, 2022 - South Platte Renew Staff reviewed the proposed 2023 Budget at a Joint Meeting with the City Council Members of the City of Littleton and the City of Englewood • August 8, 2022 - Study Session where staff and City Council reviewed the Draft Proposed 2023 Operating and Capital Budget to incorporate any final changes before printing the Proposed 2023 Budget documents for distribution on Tuesday, September 6, 2022 Page 129 of 405 • September 19, 2022 - Budget Public Hearing to obtain citizen input regarding the city's 2023 operating and capital budgets. Staff provided an overview of the city's 2023 budget and responded to City Council questions. SUMMARY: The budget and appropriation ordinances are provided administratively as they are not required by the State of Colorado Budget Law. Definition of Reporting Entity The Cities of Littleton, Colorado (Littleton) and Englewood, Colorado (Englewood), participate in the South Platte Renew's Joint Venture (the Joint Venture) for the operation of a wastewater treatment facility. Control of the Joint Venture rests in a four-member committee, with two members appointed by each city. Littleton and Englewood each own a 50 percent interest in the Joint Venture. The Joint Venture has its own workforce for operating purposes. For payroll and pension participation, the joint venture’s workforce is considered to be City of Englewood employees. Englewood provides the Joint Venture with administrative services on a cost reimbursement basis. The accounting policies of the Joint Venture conform to generally accepted accounting principles as applicable to governmental units accounted for as a proprietary enterprise fund. The enterprise fund is used since the Joint Venture's powers are related to those operated in a manner similar to a private utility system where net income and capital maintenance are appropriate determinations of accountability. Budget The Joint Venture does not have nor is it anticipated to ever have the power to assess an ad valorem tax on the property of the participating cities. Accordingly, it is management's contention that this would remove it from the scope of the State of Colorado Budget Law. Each of the joint venture participants is a public entity and makes an appropriation of expenditures within their respective budget to cover their proportionate share of anticipated costs of construction and operations. Reimbursement of Operating Expenses Variable operating expenses are shared by the joint venture participants based on actual usage of the facility and fixed operating expenses, excluding depreciation, are shared equally. Additionally, in accordance with the Joint Venture Agreement, Littleton pays an administration fee to Englewood equal to 3% of operating expenses. Capital and Fixed Operation and Maintenance Costs Contributions The joint venture participants share equally capital and fixed operations and maintenance expenses. ANALYSIS: The South Platte Renew (SPR) 2023 Budget was developed over the past several months with significant collaboration between the Supervisory Committee, the Joint City Councils, and City staff. This year's budget process leveraged our collective capacity to deliver quality services, enhanced public safety, and improved infrastructure. The Sewer Funds of the cities of Littleton Page 130 of 405 and Englewood respectively contain budgeted funds that financially support the SPR 2023 budget. COUNCIL ACTION REQUESTED: Staff supports this 2023 Budget and is looking forward to the direction of the Supervisory Committee and the Joint City Councils in addressing future budgets. FINANCIAL IMPLICATIONS: Please review the South Platte Renew Budget using the following link: https://www.englewoodco.gov/government/city-departments/finance/budget-and-financial- reports/budget-reports CONNECTION TO STRATEGIC PLAN: First reading of the 2023 budget ordinances supports the Strategic's Plan Governance result/outcome • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: The 2023 Budget Process included citizen input during the capital projects budget preparation through the input of the following boards, commissions and committees: Water and Sewer Board. Also the annual 2023 Budget Public Hearing held on September 19, 2022 provided a venue for public comment regarding the operational and capital budgets. ATTACHMENTS: Council Bill #57 - 2023 South Platte Renew Budget Page 131 of 405 Page 1 of 3 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 57 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE RENEW FOR FISCAL YEAR 2023. WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission on September 6, 2022. The hearing was held at the meeting of City Council on September 19, 2022, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2023 was provided to the South Platte Renew Supervisory Committee at their regular meeting of June 28, 2022; WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2023 was presented at a joint meeting of the City Councils of both Cities held on July 2 8, 2022; WHEREAS, the City Council of the City of Englewood, as the administering authority for the South Platte Renew, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2023 budget for the South Platte Renew as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the South Platte Renew for fiscal year 2023, as submitted by the South Platte Renew Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the South Platte Renew for the fiscal year 2023, as follows: South Platte Renew Fund Balance – January 1, 2023 $ 115,674 Revenues $ 34,840,608 Expenditures $ 34,840,608 Fund Balance – December 31, 2023 $ 115,674 Page 132 of 405 Page 2 of 3 Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Section 3. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. B. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. C. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. D. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022 for thirty (30) days. Page 133 of 405 Page 3 of 3 Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 134 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: October 17, 2022 SUBJECT: CB 58 - Approve 2023 Budget Ordinance-South Platte Renew (SPR) Appropriation DESCRIPTION: CB 58 - 2023 Budget Ordinances 5 of 5-South Platte Renew (SPR) Appropriation RECOMMENDATION: Staff recommends City Council approve an Ordinance for the South Platte Renew 2023 Appropriation. PREVIOUS COUNCIL ACTION: • January 29, 2022 - Visioning and 2023 City Council Goal Setting Workshop • April 11, 2022 - Study Session on preliminary 2023-2027 revenue and expenditures forecast assumptions • April 25, 2022 - Study Session on preliminary 2023-2027 Capital Improvement Plan at the Joint Study Session with Boards, Commissions and Committees tasked with capital review • June 20, 2022 - The first of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix • June 27, 2022 - The second of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix and there was consensus to include the capital projects listed for the following funds in the Draft 2023 Proposed Budget: Conservation Trust Fund, Open Space Fund, Water Fund, Sewer Fund, Stormwater Drainage Fund, Golf Course Fund, Concrete Utility Fund, Servicenter Fund and Capital Equipment Replacement Fund • June 28, 2022 - South Platte Renew Staff reviewed the proposed 2023 Budget with the Supervisory Committee. • July 25, 2022 - Study Session to follow-up with City Council regarding additional funding and questions for specific 2023 capital projects for inclusion in the Public Improvement Fund (PIF) and the Capital Projects Fund budgets. City Council directed staff to transfer $1M from the General Fund Unassigned Fund Balance to finance the gap between capital projects requests and monies available after delaying the Fiber Network capital request. • July 28, 2022 - South Platte Renew Staff reviewed the proposed 2023 Budget at a Joint Meeting with the City Council Members of the City of Littleton and the City of Englewood • August 8, 2022 - Study Session where staff and City Council reviewed the Draft Proposed 2023 Operating and Capital Budget to incorporate any final changes before Page 135 of 405 printing the Proposed 2023 Budget documents for distribution on Tuesday, September 6, 2022 • September 19, 2022 - Budget Public Hearing to obtain citizen input regarding the city's 2023 operating and capital budgets. Staff provided an overview of the city's 2023 budget and responded to City Council questions. SUMMARY: The budget and appropriation ordinances are provided administratively as they are not required by the State of Colorado Budget Law. Definition of Reporting Entity The Cities of Littleton, Colorado (Littleton) and Englewood, Colorado (Englewood), participate in the South Platte Renew's Joint Venture (the Joint Venture) for the operation of a wastewater treatment facility. Control of the Joint Venture rests in a four-member committee, with two members appointed by each city. Littleton and Englewood each own a 50 percent interest in the Joint Venture. The Joint Venture has its own workforce for operating purposes. For payroll and pension participation, the joint venture’s workforce is considered to be City of Englewood employees. Englewood provides the Joint Venture with administrative services on a cost reimbursement basis. The accounting policies of the Joint Venture conform to generally accepted accounting principles as applicable to governmental units accounted for as a proprietary enterprise fund. The enterprise fund is used since the Joint Venture's powers are related to those operated in a manner similar to a private utility system where net income and capital maintenance are appropriate determinations of accountability. Budget The Joint Venture does not have nor is it anticipated to ever have the power to assess an ad valorem tax on the property of the participating cities. Accordingly, it is management's contention that this would remove it from the scope of the State of Colorado Budget Law. Each of the joint venture participants is a public entity and makes an appropriation of expenditures within their respective budget to cover their proportionate share of anticipated costs of construction and operations. Reimbursement of Operating Expenses Variable operating expenses are shared by the joint venture participants based on actual usage of the facility and fixed operating expenses, excluding depreciation, are shared equally. Additionally, in accordance with the Joint Venture Agreement, Littleton pays an administration fee to Englewood equal to 3% of operating expenses. Capital and Fixed Operation and Maintenance Costs Contributions The joint venture participants share equally capital and fixed operations and maintenance expenses. ANALYSIS: The South Platte Renew (SPR) 2023 Budget was developed over the past several months with significant collaboration between the Supervisory Committee, the Joint City Councils, and City staff. This year's budget process leveraged our collective capacity to deliver quality services, enhanced public safety, and improved infrastructure. The Sewer Funds of the cities of Littleton Page 136 of 405 and Englewood respectively contain budgeted funds that financially support the SPR 2023 budget. COUNCIL ACTION REQUESTED: Staff supports this 2023 Budget and is looking forward to the direction of the Supervisory Committee and the Joint City Councils in addressing future budgets. FINANCIAL IMPLICATIONS: Please review the South Platte Renew Budget using the following link: https://www.englewoodco.gov/government/city-departments/finance/budget-and-financial- reports/budget-reports CONNECTION TO STRATEGIC PLAN: First reading of the 2023 budget ordinances supports the Strategic's Plan Governance result/outcome • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: The 2023 Budget Process included citizen input during the capital projects budget preparation through the input of the following boards, commissions and committees: Water and Sewer Board. Also the annual 2023 Budget Public Hearing held on September 19, 2022 provided a venue for public comment regarding the operational and capital budgets. ATTACHMENTS: Council Bill #58 - 2023 South Platte Renew Appropriation Page 137 of 405 Page 1 of 3 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 58 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2023, AND ENDING DECEMBER 31, 2023, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2023. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; WHEREAS, the City of Englewood operates the South Platte Renew’ facility under the control of the Supervisory Committee; WHEREAS, the South Platte Renew has its own fund for operations and maintenance; WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2023 was provided to the South Platte Renew Supervisory Committee at their regular meeting of June 28, 2022; and WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2023 was presented at a joint meeting of the City Councils of both Cities held on July 28, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That pursuant to the South Platte Renew agreement, there be and hereby is appropriated from the revenue derived from operation of the South Platte Renew in the City of Englewood, Colorado, and from all other sources of revenue in the South Platte Renew Fund including available fund balance during the year beginning January 1, 2023, and ending December 31, 2023, the amounts hereinafter set forth for the object and purpose specified as follows: Page 138 of 405 Page 2 of 3 Total South Platte Renew Fund $ 34,840,608 Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. B. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. C. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. D. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022 for thirty (30) days. Page 139 of 405 Page 3 of 3 Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 140 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Chris Edelstein, Steve Ortega DEPARTMENT: Public Works DATE: October 17, 2022 SUBJECT: CB 59 - Approve an ordinance authorizing an IGA with the City of Cherry Hills Village for Vehicle Maintenance and Repair DESCRIPTION: CB 59 - Approve an ordinance authorizing an Intergovernmental Agreement (IGA) with the City of Cherry Hills Village for vehicle maintenance and repair. RECOMMENDATION: Staff recommends that the City Council approve an Ordinance to approve an Intergovernmental Agreement (IGA) with Cherry hills Village for vehicle maintenance and repair. PREVIOUS COUNCIL ACTION: On December 3, 2018, the Englewood City Council approved an IGA with Cherry Hills Village for vehicle maintenance and repair from October 17, 2018, Through December 31, 2019. The IGA provided for an initial one-year term with the option to extend the agreement for up to three (3) additional one (1) year periods. SUMMARY: A new IGA has been developed using an approved American Public Works Association (APWA) standard template that incorporates fully burdened Englewood costs. City staff shared this method with Cherry Hills Village, and they agreed with the method utilized and the proposed increases. If approved, the new agreement will run from January 1, 2023, through December 31, 2023, with three (3) one-year extensions. A new hourly rate of $110.73 is being proposed, plus increasing parts & outside services fees. All parts will receive a 39% increase (currently at 30%) and a 16% markup fee will be added for any outside service charges. The IGA benefits both parties by providing combined services in a cost-effective manner. ANALYSIS: The City of Englewood began servicing Cherry Hills Village's vehicles in 2002. Cherry Hills Village currently has approximately 71 pieces of equipment, of which 20 are police vehicles. The existing IGA will expire on December 31, 2022. the new IGA will run from January 1, 2023, through December 31, 2023. The City of Englewood staff has analyzed the costs of service and recommend an increase in the hourly service rate from $96.29 per hour to $110.73 per hour. Current vehicle labor rates at retail repair facilities range from $155 to $200 per hour. So, while this is a substantial increases, Page 141 of 405 the new rate is competitive while still providing quality service. Any parts will receive a 39% handling fee, and any outside vendor (sublet) charges will receive a 16% markup fee. COUNCIL ACTION REQUESTED: Staff request that the City Council approve an Ordinance on second reading to approve an IGA with Cherry Hills Village for vehicle maintenance and repair. FINANCIAL IMPLICATIONS: over the past four (4) year, Cherry Hills Village has paid the following amount to the City of Englewood for parts, labor, and sublet charges: Year Parts Labor Sublet Total 2018 $24,780 $46,435 $906 $72,121 2019 $33,567 $35,136 $924 $69,627 2020 $36,075 $38,636 $5,073 $79,784 2021 $30,772 $29,248 $11,599 $71,619 CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Governance A city government that is accountable, effective, and efficient. ATTACHMENTS: Council Bill #59 Intergovernmental Agreement PowerPoint Page 142 of 405 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 59 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE. WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental entities; and WHEREAS, the City of Englewood and the City of Cherry Hills Village entered into an intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle maintenance by the passage of Ordinance No. 9, Series of 2003; Ordinance No. 21, Series of 2008; Ordinance No. 48, Series of 2014; and Ordinance No. 37, Series of 2018; and WHEREAS, the City of Englewood and the City of Cherry Hills Village desire to continue such agreement whereby Englewood shall provide the City of Cherry Hills Village with maintenance of their vehicles; and WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental Agreement between Englewood and the City of Cherry Hills Village for maintenance of their vehicles for a one-year period and includes a provision for an extension of services for three additional one-year periods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The intergovernmental agreement between the City of Cherry Hills Village, Colorado, and the City of Englewood, Colorado, for vehicle maintenance, attached as “Exhibit A”, is hereby accepted and approved by the Englewood City Council. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. Page 143 of 405 2 B. 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. C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022. for thirty (30) days. Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Page 144 of 405 3 Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 145 of 405 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CITY OF CHERRY HILLS VILLAGE FOR VEHICLE MAINTENANCE THIS INTERGOVERNMENTAL AGREEMENT, entered into this _____ day of ____________ 2022 by and between the City of Englewood, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and the City of Cherry Hills Village, whose address is 2450 East Quincy Avenue, Cherry Hills Village, Colorado 80110, collectively referred to as the “Parties”. WITNESSTH WHEREAS, the Parties desire to have the City of Englewood continue to provide to the City of Cherry Hills Village vehicle maintenance for all of the vehicles currently, or in the future owned by, the City of Cherry Hills Village; WHEREAS, as local governmental bodies, the Parties are authorized by the provisions of the Colorado Constitution, Article XIV, §18(2)(a) and Colorado Revised Statutes §§ 29-1-201, et seq., to contract with one another to provide any function, service or facility lawfully authorized to each; and WHEREAS, the City of Englewood, by the passage of Ordinance No. 48, Series of 2014 and the City of Cherry Hills Village, by the adoption of __________________________, entered into an intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle maintenance. NOW, THERFORE, IT IS AGREED by and between the City of Englewood and the City of Cherry Hills Village that: 1. Term and Termination. The City of Englewood will provide maintenance services beginning on January 1, 2023 and shall terminate on December 31, 2023. Three additional one (1) year periods may be negotiated and extended by mutual written agreement between the City Manager of each Party or his or her designee. Either Party to this Agreement may terminate the Agreement by giving to the other Party thirty (30) days’ notice, in writing, with or without good cause shown. Upon delivery of such notice and upon expiration of the thirty (30) days, the City of Englewood shall discontinue all services in connection with the performance of this Agreement. As soon as practicable thereafter, the City of Englewood shall submit a final statement showing in detail the services performed and the costs thereof for such services that were performed under the Agreement to the date of termination. The City of Cherry Hills Village shall then pay the City of Englewood promptly for those services rendered up to the date of termination. 2. Maintenance. The City of Englewood shall perform all necessary repairs and maintenance on City of Cherry Hills Village vehicles, to the satisfaction of the City of Cherry Hills Village. The City of Cherry Hills Village shall be responsible for transporting vehicles to and from the City of Englewood Service Center 2800 S. Platte River Drive, Englewood, CO 80110. The maintenance of City of Cherry Hills Village vehicles shall be performed by the City of Englewood pursuant to a maintenance schedule provided by the City of Cherry Hills Village, and approved by the City of Englewood. The maintenance shall include any and all work requested by the City of Cherry Hills Village as well as any work identified by the City of Englewood arising from an inspection of the vehicle. The City of Englewood shall not perform any additional work identified from any inspection of the vehicle unless and until approved by the City of Cherry Hills Village. Page 146 of 405 2 The City of Englewood shall repair and maintain City of Cherry Hills Village vehicles in a professional, workman like manner, and within the technical specifications required of the particular vehicle. All maintenance and repair work shall be completed in a timely manner. The City of Englewood shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services as related to this Agreement. 3. Payment. Starting on January 1, 2023, the City of Cherry Hills Village shall pay the City of Englewood the sum of one hundred and ten dollars and seventy-three cents ($110.73) per hour, in addition to the cost to the City of Englewood of any parts plus a thirty-nine percent (39%) handling fee or outside vendor charges plus a sixteen percent (16%) handling fee. 4. Amendments. This Agreement may not be amended or modified except by written agreement between the Parties. 5. Independent Contractors. The City of Englewood and City of Cherry Hills Village are independent contractors of the other, and neither their employees nor agents shall be considered an employee or agent of the other. The City of Englewood shall be responsible for employing and directing such personnel and agents as it requires to perform the services hereunder, shall exercise complete authority over its personnel and agents, and shall be fully responsible for their actions. The City of Cherry Hills Village shall not be obliged to secure and shall not provide any personnel/employees insurance coverage or employment benefits of any kind or type to the City of Englewood, its employees, agents, representatives, or any other person performing duties on behalf of the Englewood under this Agreement, including but not limited to workers’ compensation, unemployment benefits, dental, medical and life insurance, any and all benefit plans, and all other costs and expenses of employees, agents, representatives, or any other person performing duties under this Agreement. 6. Required Insurance. The City of Englewood shall procure and maintain the minimum coverages listed below. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the City of Englewood pursuant to this Agreement. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Said insurance shall include but not limited to: A. Workers’ Compensation. Insurance to cover obligations imposed by applicable laws for any employee of the City of Englewood engaged in the performance of work on City of Cherry Hills Village vehicles under this Agreement. B. General Liability. Insurance with limits of liability not less than the limits of liability established from time to time by the Colorado Governmental Immunity Act, Part 1 of Article 10 of Title 24, C.R.S. (“Act”). The policy shall include coverage for bodily injury, broad form property damage (including complete operations), personal injury (including coverage for contractual and employee’s acts), blanket contractual, products, and completed operations. 7. Assignment. Neither Party shall assign or transfer its interests in this Agreement to a third party without the express written permission of the other party. 8. Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective heirs, personal representatives, successors and assigns. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not a party to this Agreement. It is the Page 147 of 405 3 express intention of this Agreement that any entity other than the Parties, including any entity that receives services or benefits as a result of this Agreement, shall be an incidental beneficiary only. 9. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the Party’s or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 10. Governing Law. This Agreement shall be governed and construed under the laws of the State of Colorado. Venue for any proceedings under this Agreement shall be brought in Arapahoe County. 11. Notices. All notices and communications under this Agreement shall be mailed or delivered to the City of Englewood to the following: Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 and to the City of Cherry Hills Village: Director of Public Works City of Cherry Hills Village 2450 East Quincy Avenue Cherry Hills Village, Colorado 80110 12. Article X, Section 20 (TABOR). The parties understand and acknowledge that the Parties are 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, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Parties are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Parties’ current fiscal period ending upon the next succeeding December 31. Financial obligations of the Parties 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 Parties, and other applicable law. 13. Third Parties. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party any right to claim damages or to bring suit, action or other proceeding against either Party because of any breach hereof, or because of any of the terms, covenants, agreements and conditions herein. 14. Counterparts, Electronic Disposition. This Agreement may be executed in counterparts, using manual, electronic or facsimile signatures, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written above. Page 148 of 405 4 ATTEST: CITY OF ENGLEWOOD __________________________________ ________________________________ Stephanie Carlile, City Clerk Othoniel Sierra, Mayor ATTEST: CITY OF CHERRY HILLS VILLAGE ________________________________ _______________________________ Laura Gillespie, City Clerk Russell O. Stewart, Mayor Page 149 of 405 Approval of an IGA with Cherry Hills Village for Vehicle Maintenance & Repair By: Chris Edelstein, Deputy Director Operations and Maintenance Steve Ortega, Maintenance and Operations Manager Page 150 of 405 Background On December 3, 2018, the Englewood City Council approved an IGA with Cherry Hills Village for vehicle maintenance and repair from October 17, 2018, through December 31, 2019. The IGA provided for an initial one-year term with the option to extend the agreement for up to three (3) additional one (1) year periods. A new IGA has been developed using an approved American Public Works Association (APWA) standard template that incorporates fully burdened City of Englewood costs. Page 151 of 405 Financial Implications Year May 2019 -May 2022 New Proposed Rates Full Burden Labor Rate $96.29 $110.73 Parts Mark-up 30%39% Sublet 10%16% Year Parts Labor Sublet Total 2018 $24,780.00 $46,435.00 $906.00 $72,121 2019 $33,567.00 $35,136.00 $924.00 $69,627 2020 $36,075.00 $38,636.00 $5,073.00 $79,784 2021 $30,772.00 $29,248.00 $11,599.00 $71,619 Page 152 of 405 Summary City staff shared the method and increases with Cherry Hills Village, and they agreed to the process and increases. If approved, the new agreement will run from January 1, 2023, through December 31, 2023, with up to three (3) one-year extensions. A new hourly rate of $110.73 is being proposed, plus increasing parts and outside services fees. All parts will receive a 9% increase from 30% to 39%, and a 16% markup fee will be added for any outside service charges. The IGA benefits both parties by providing combined services in a cost-effective manner. Page 153 of 405 Recommendation Staff requests Council approve a bill for an Ordinance on first reading to approve an IGA with Cherry Hills Village for vehicle maintenance and repair. Page 154 of 405 Questions & Thank You!Page 155 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: October 17, 2022 SUBJECT: CB 60 - Approve an ordinance authorizing an Intergovernmental Agreement (IGA) for Voter Service/ Polling Center use and ballot drop box DESCRIPTION: CB 60 - IGA regarding VSPC and ballot drop box RECOMMENDATION: Staff recommends Council approve an Ordinance authorizing an IGA with Arapahoe County Elections Division regarding the use of a Voter Service and Polling Center and ballot drop box located at the Englewood Civic Center. PREVIOUS COUNCIL ACTION: None SUMMARY: The Englewood Civic Center will host a Voter Service and Polling Center (VSPC). An IGA with Arapahoe County will outline the use agreements for the following elections: A. 2022 General Election Term (November 8, 2022 Election Day) o County access: October 19, 2022 – November 9, 2022, to be accessible by the County 7 a.m. – 9 p.m. each day. These dates may vary based on the phased opening of VSPCs. o VSPC hours of operation: October 24 – November 8, 2022. Mon. – Fri. and second Sat.: 8 a.m. – 5 p.m.; Tues. Nov. 8, 2022: 7 a.m. – 7 p.m. These dates may vary based on the phased opening of VSPCs. B. 2024 General Election Term (November 5, 2024 Election Day) o County access: October 16, 2024 – November 6, 2024, to be accessible by the County 7 a.m. – 9 p.m. each day. These dates may vary based on the phased opening of VSPCs. o VSPC hours of operation: October 21 – November 5, 2024. Mon. – Fri. and second Sat.: 8 a.m. – 5 p.m.; Tues. Nov. 5, 2024: 7 a.m. – 7 p.m. These dates may vary based on the phased opening of VSPCs. This IGA also includes the use of the 24 hour ballot drop box located outside the Englewood Civic Center and the video security surveillance recording system provided by the County. COUNCIL ACTION REQUESTED: Approval of Council Bill No. 60, an IGA with Arapahoe County regarding the placement of a voter service and polling center and ballot drop box for the 2022 and 2024 election. Page 156 of 405 FINANCIAL IMPLICATIONS: No financial implications, these services are rendered for resident convenience. ATTACHMENTS: Council Bill #60 IGA Page 157 of 405 1 BY AUTHORITY ORDINANCE NO. __ COUNCIL BILL NO. 60 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY BOARD OF COMMISSIONERS REGARDING PLACEMENT OF A VOTER SERVICE AND POLLING CENTER AND BALLOT BOX WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, in order to provide easy access for Englewood voters to voter services, including a voter service and polling center and a ballot box to return ballots, the City of Englewood desires to enter into an Intergovernmental Agreement for placement of these services and facilities at Englewood Civic Center. 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 the City of Englewood to enter into the INTERGOVERNMENTAL AGREEMENT WITH CITY OF ENGLEWOOD FOR VSPC USE AND BALLOT DROP BOX with the Arapahoe County Board of commissioners, which shall be in substantially the same form as that attached hereto and marked as “Exhibit A”. Section 2. General Provisions Applicable to this Ordinance. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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. Page 158 of 405 2 B. 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. C. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022. for thirty (30) days. Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 20th day of October, 2022. Published by title on the City’s official website beginning on the 19th day of October, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Page 159 of 405 3 Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2022. Stephanie Carlile Page 160 of 405 INTERGOVERNMENTAL AGREEMENT WITH CITY OF ENGLEWOOD FOR VSPC USE AND BALLOT DROP BOX THIS AGREEMENT is made this _______ day of __________, 2022, by and among the BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO (the “County), for the use and benefit of the ELECTIONS DIVISION OF THE CLERK AND RECORDER’S OFFICE, and CITY OF ENGLEWOOD (the “Jurisdiction”). Collectively the County and the Jurisdiction are referred to as the “Parties.” WHEREAS, pursuant to the Colorado Uniform Election Code of 1992, the County conducts election activities throughout Arapahoe County and governmental entities are encouraged to cooperate for the conduct of elections in order to reduce taxpayer expenses; and WHEREAS, the County is statutorily required to operate a certain number of Voter Service and Polling Centers (“VSPC”) and to have such VSPCs open for specified dates and times during every election; and WHEREAS, in designating a VSPC, the county clerk and recorder shall take into account the factors described under COLO. REV. STAT. § 1-5-102.9(1)(c)(I), and the use of a public building as a VSPC location shall be given priority over other uses of the building; and WHEREAS, the County and the Jurisdiction have met and discussed the establishing and operation of VSPCs on property owned or controlled by the Jurisdiction; and WHEREAS, the County is statutorily required to install and maintain a certain number of election ballot drop boxes; and WHEREAS, pursuant to Colorado law, a drop box is defined as a secure receptacle established to receive mail ballots twenty-four hours a day, all drop box locations must be monitored by a video security surveillance recording system and the video security surveillance must be retained by the county clerk for a certain period of time after each election, and the video security surveillance of the drop box is an open record and may be subject to disclosure pursuant to the Colorado Open Records Act; and WHEREAS, the County will provide, install and maintain each drop box and video security surveillance recording system; and WHEREAS, the County and the Jurisdiction have met and discussed the installation of a drop box and video security surveillance recording system on property owned or controlled by the Jurisdiction; and WHEREAS, the Jurisdiction desires to cooperate with the County for these purposes and such agreements are authorized by State law and the Englewood Municipal Code; and NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: Page 161 of 405 2 VOTER SERVICE AND POLLING CENTERS 1. VSPC SITE. The Jurisdiction grants to the County the use and occupancy of certain areas in the following locations for use as a VSPC. The County will also be allowed to use all improvements and common areas of each location that are made available on a non-exclusive basis for the general use of the public and tenants, their employees, agents and invitees. A. Englewood Civic Center, 1000 Englewood Pkwy., Englewood CO 80110. 2. ELECTION TERMS AND ACCESS. The County will have access to and use of the VSPC site each day for the dates and hours listed below. The Parties agree that the VSPC will be open to the public for the days and hours required by the Colorado Uniform Election Code for each election, that the dates and hours stated below may change if required by Colorado law, and they recognize that the VSPC hours of operation may be different than when the building is otherwise open to the public. The public will be allowed access to the VSPC during the required statutory hours of operation, even if the building is otherwise closed to the public. The Parties may agree to renew and extend this Agreement for use of the VSPC site for other future elections, which renewal(s) shall be indicated in writing and executed by both parties. A. 2022 General Election Term (November 8, 2022 Election Day) • County access: October 19, 2022 – November 9, 2022, to be accessible by the County 7 a.m. – 9 p.m. each day. These dates may vary based on the phased opening of VSPCs. • VSPC hours of operation: October 24 – November 8, 2022. Mon. – Fri. and second Sat.: 8 a.m. – 5 p.m.; Tues. Nov. 8, 2022: 7 a.m. – 7 p.m. These dates may vary based on the phased opening of VSPCs. B. 2024 General Election Term (November 5, 2024 Election Day) • County access: October 16, 2024 – November 6, 2024, to be accessible by the County 7 a.m. – 9 p.m. each day. These dates may vary based on the phased opening of VSPCs. • VSPC hours of operation: October 21 – November 5, 2024. Mon. – Fri. and second Sat.: 8 a.m. – 5 p.m.; Tues. Nov. 5, 2024: 7 a.m. – 7 p.m. These dates may vary based on the phased opening of VSPCs. 3. CONSIDERATION. It is understood and agreed that the consideration provided in this agreement is non-monetary except for the allocation of costs as described herein. 4. USE. The County shall use the site as a voter service and polling center to conduct elections. The County shall not commit any waste or damage upon the VSPC site or cause any nuisance thereon. The County shall keep the VSPC site free and clear from all waste resulting from its use or the use of its employees, officers, agents, invitees and visitors of the VSPC. The County agrees it will not unreasonably interfere with the use of the building for other regular operations or uses. Page 162 of 405 3 5. AUTHORITY TO GRANT USE. The Jurisdiction warrants and represents it is the lawful owner or lessee of the VSPC site and has the authority to grant the use contemplated by this Agreement. 6. SERVICES FURNISHED BY JURISDICTION. The Jurisdiction will furnish the building and the VSPC site and any and all services necessary to serve the VSPC, including the following: • heating or cooling; • electricity with sufficient power to operate the County’s election equipment; • internet service with sufficient bandwidth to support the County’s election equipment through wired connection to the Jurisdiction’s publicly available internet service network, and the Jurisdiction’s IT staff will work with the County’s IT staff to ensure that any special configurations are made to allow open internet communication to support this service; • telephone outlets currently exiting in the VSPC site; • light fixtures present in the VSPC site and replacement of fluorescent tubes and light bulbs as required from time to time; • access to parking facilities; • removal of ice, snow and debris in the common areas and the parking facility; and • any other customarily supplied utilities, maintenance, security, and building operation services. 7. NO ENTRY BY THE JURISDICTION. To ensure the security of election equipment and ballots transported and stored at the VSPC Site, the Jurisdiction will limit its employees and representatives’ entry to the VSPC Site only to times when the VSPC is open and County employees are present. The County will be responsible to gather trash within the VSPC Site each day and place it outside of the room for collection by the Jurisdiction. The County shall permit representatives of the Jurisdiction to enter into and upon the VSPC Site when the VSPC is closed if personnel are responding to an emergency situation. The Jurisdiction shall promptly notify the County if any such entry occurs. 8. VSPC SITE ACCESSIBILITY. The VSPC site shall be maintained during each Election Term by the Jurisdiction in compliance with its building guidelines and the Americans with Disabilities Act (“ADA”) concerning building accessibility for physically challenged citizens. 9. PARKING. During each Election Term of this Agreement, the Jurisdiction shall make available to the County the use of available parking spaces serving the VSPC site. 10. SIGNAGE. The County may install temporary signage in or on the VSPC site and the building where it is located concerning the conduct of the elections during each Election Term. All such signage will be removed at the termination of each Election Term. 11. ALTERATIONS. Because the site will be used as a voter service and polling center, the County may need to install additional electrical and/or telephone/internet wiring, cabling, or other hardware as necessary in order to operate and maintain the County’s election equipment. Any such alterations will be discussed with the Jurisdiction in advance and require Jurisdiction approval in writing. The Jurisdiction acknowledges that such installation may result in a permanent alteration in and improvement to the VSPC site. Any costs associated with alteration shall be paid by the County. Any alteration work shall be supervised by the Jurisdiction staff to ensure any alterations do not impact Jurisdiction facilities, operation or equipment. Page 163 of 405 4 12. BUILDING CLOSURE. In the event the Jurisdiction experiences a building closure for reasons including, but not limited to, acts of God, acts of the public enemy, unusually severe weather, fire, floods, epidemics, quarantines, strikes, labor disputes or other similar occurrence (each a “Force Majeure Event”), the VSPC Site will also be closed, unless expressly agreed otherwise by the Parties. The Jurisdiction shall promptly notify the County of a Force Majeure Event and permit the County to enter the VSPC site to remove ballots and election equipment, to the extent election equipment is on site and entry is safe. 13. SUBSTITUTION OF SPACE. In the event the VSPC site is not available for use as contemplated by this Agreement for any reason beyond the reasonable control of the Parties including, without limitation, a Force Majeure Event, the Jurisdiction shall promptly notify the County and provide substitute space for use by the County. In the event such substituted space is not available or not acceptable to the County, the subject VSPC site will not be available for use that Election Term. 14. SURRENDER OF POSSESSION. The County agrees to surrender possession of the VSPC site to the Jurisdiction at the termination of each Election Term in as good condition and repair as when the County obtained the site, except for any and all alterations or improvements authorized by the Jurisdiction or any damage occurring without the fault of the County or other persons permitted by the County to occupy or enter the VSPC site. 15. LOSS OR DAMAGE. The County agrees to promptly remedy any damage to the VSPC site, at its expense, resulting from the County’s use of the property under this Agreement and that was caused by the County and/or its employees, officers, agents or invitees. The County shall not be liable or responsible for any loss or damage to the building or VSPC site when such loss or damage is caused by a Force Majeure Event or damage occurring without the fault of the County or other persons permitted by the County to occupy or enter the VSPC site. BALLOT DROP BOXES 16. DROP BOX SITE. The Jurisdiction hereby grants to the County a revocable non-exclusive license to use, in common with other licensees and the Jurisdiction, certain areas in the following location to install and maintain an election ballot drop box and video security surveillance recording system. A. Englewood Civic Center, 1000 Englewood Pkwy., Englewood CO 80110. 17. DESCRIPTION OF IMPROVEMENTS. The County will install a ballot drop box and a video security surveillance recording system (the “Improvements”). The drop box may also include installing a cement pad to affix the box onto. The County will install a video security surveillance recording system that includes a camera (2 megapixel IP or better) and a recording system that allows for continuous recording during use of the mail ballot drop box. The video security surveillance recording system shall remain in place, functional and connected to a video recording system pursuant to Colorado law. The County will be responsible for obtaining and retaining the video data. 18. FUNDING OF IMPROVEMENTS. The County will fund the entire costs for obtaining, installing and maintaining the drop box and video security surveillance recording system. Page 164 of 405 5 19. OWNERSHIP. The County retains ownership of the drop box, video security surveillance recording system, and video footage. The Jurisdiction retains ownership of the property where each drop box is to be located. 20. MAINTENANCE. A. At all times pertinent to this Agreement, the Jurisdiction shall, at the Jurisdiction’s expense, maintain the property where each drop box is located in good repair, including removal of ice, snow and debris in the drop box area and any walkway to and from parking. B. Following installation, the County shall at all times maintain the drop box and video security surveillance recording system in good repair. 21. ACCESS. The County, its agents and contractors shall have the right of ingress and egress in, to, through, over, and across the property where a drop box is located for any purpose necessary and at any and all times necessary or convenient for access and maintenance of the drop box and video security surveillance recording system. 22. DAMAGE TO PREMISES. The County shall be responsible for repair/replacement of Jurisdiction property damaged by the County related to the installation and maintenance of the drop box and video security surveillance recording system. MISCELLANEOUS 23. NOTICES. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: Joan Lopez Arapahoe County Clerk and Recorder’s Office Elections Division 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 794-4625 Email: jlopez@arapahoegov.com; elections@arapahoegov.com To Jurisdiction: Email: 24. TERMINATION. This Agreement may be terminated by either Party at any time by providing written notice to the other of the termination, provided the Jurisdiction shall not terminate the Agreement within 90 days of the start of any Election Term described herein. This 90-day window shall not apply to terminations resulting from the inability to provide substitute premises for a VSPC under the terms of this Agreement. Page 165 of 405 6 25. AMENDMENTS. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. 26. INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 27. CONFLICT OF LAW. In the event that any provision in this Agreement conflicts with the Colorado Uniform Election Code or other statute, this Agreement shall be modified to conform to such law. 28. NO WAIVER OF GOVERNMENTAL IMMUNITY. The Parties understand and agree that both Parties and their officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the Jurisdiction and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 29. NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the Jurisdiction, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. 30. GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Arapahoe, State of Colorado. 31. SEVERABILITY. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the Parties hereto that the remaining provisions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Agreement for VSPC Use and Ballot Drop Box Installation to be executed by their duly authorized representatives. CITY OF ENGLEWOOD By: Name: Title: City Clerk Date: Page 166 of 405 7 ARAPAHOE COUNTY, COLORADO By: Name: Joan Lopez Title: Clerk and Recorder Date: Page 167 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Hoos DEPARTMENT: Public Works DATE: October 17, 2022 SUBJECT: Approval of a Change Order with Stanley Consultants for On-call Engineering Services DESCRIPTION: Approval of Change Order with Stanley Consultants for On-call Engineering Services in the amount of $48,318.00 RECOMMENDATION: Staff recommends approval of Change Order No. 1 with Stanley Consultants in the amount of $48,318 for on-call engineering services resulting in a revised total contract price of $248,318. PREVIOUS COUNCIL ACTION: City Council originally considered and approved a Professional Services Agreement for on-call engineering services with Stanley Consultants on December 2, 2019.and a subsequent renewal of the agreement on December 7, 2020. SUMMARY: Public Works utilizes on-call engineering consultants to support staff as necessary with additional specialized knowledge or due to fluctuations in workload. Six consultants are currently under contract to provide these services. Stanley Consultants has been primarily used to provide the necessary expertise to complete the construction plans and specifications for the Dartmouth Bridge Widening project. The project is subject to the CDOT Local Agency process which includes review for compliance with CDOT requirements. A larger than expected number of CDOT comments require more time than originally estimated to address CDOT requirements as staff continues to seek approval to advertise the project for bids. Additional time also needs to be added to the contract for Stanley Consultants to coordinate with Xcel Energy In order to relocate the existing overhead power lines south of the bridge into conduits mounted on the north side of the bridge. Xcel has agreed to reimburse $25,000 of the additional design costs required for this work in the form of a credit to the City's 1% undergrounding fund which will be used to pay for the relocation of the overhead wires into the new conduits in order to widen the south side of the bridge. Page 168 of 405 ANALYSIS: The Dartmouth Bridge Widening project was originally approved by CDOT and was bid out in late 2019. Bids received were $700,000 higher than the available budget. A subsequent Highway Safety Improvements (HSIP) grant was obtained to help with the project cost to replace the traffic signals at either end of the bridge and provide funding for additional road transition length at each end of the bridge. This additional project scope required that the project go through the CDOT Local Agency approval process again. It was anticipated that additional design work and CDOT comments would focus primarily on the traffic signals and transitions, however, additional comments to meet CDOT requirements on the bridge design, utilities and environmental requirements for the entire larger project were identified and require additional time to address. The additional roadway widening and signal replacement work also requires small right of way acquisitions which has generated additional CDOT requirements and coordination efforts. The design coordination work with Xcel Energy to relocate the overhead power lines was not originally in the scope of work but has become necessary to work out the undergrounding of the overhead lines with Xcel in order to limit liability for any damage to the bridge that may be caused during installation of the necessary hangers and conduits on the north side of the existing bridge. COUNCIL ACTION REQUESTED: Staff recommends approving a Change Order with Stanley Consultants for on-call engineering services related to the Dartmouth Bridge Widening project in the amount of $48,318 for a total contract price of $248,318. . FINANCIAL IMPLICATIONS: The original on-call engineering services agreement amount was set at an even $200,000 to primarily cover costs for Stanley Consultants to provide additional design services for the Dartmouth Bridge Widening project. $25,000 of the additional amount will be credited to the City's 1% undergrounding fund with Xcel. The remaining $23,318 amount is available in the Dartmouth Bridge Widening project number 30-1001-005 to complete the CDOT approval process for the bid package. Source of Funds Line Item Description Line Item Amount YTD Line Item Expensed Change Order Amount Public Improvement Fund Dartmouth Bridge $2,130,812 $107,933 $48,318 CONNECTION TO STRATEGIC PLAN: Infrastructure - A city that proactively and in a cost-effective manner invests in, maintains, and plans to protect its infrastructure. ATTACHMENTS: Change Order Change Order scope and fee Professional Services Agreement Renewal Agreement Page 169 of 405 1 RENEWAL AGREEMENT #1 TO PROFESSIONAL SERVICES AGREEMENT (PSA/19-75) BETWEEN STANLEY CONSULTANTS, INC. AND THE CITY OF ENGLEWOOD FOR GENERAL ENGINEERING, SURVEYING, GEOTECHNICAL AND LAND ACQUISITION ON-CALL SERVICES THIS RENEWAL AGREEMENT #1 to the On-Call Contracting Professional Services Agreement (PSA/19-75) of December 16th, 2019, made and entered into on this ________ day of ________________, 20___ by and between the City of Englewood hereinafter referred to as “City” and Stanley Consultants, Inc., hereinafter referred to as “Consultant” and collectively referred to as the “Parties”. WHEREAS, on December 16, 2019 the Parties entered into a Professional Services Agreement (“PSA”) 19-75 for the provision of general engineering, surveying, geotechnical and land acquisition support services for the City of Englewood Public Works Department, ("Department"); WHEREAS, pursuant to Section 8 of the PSA, the parties may enter into a renewal of the Agreement for an additional one-year period; WHEREAS, during the past year the Consultant has provided consulting and engineering support services pursuant to the Outline of Statement of Work accompanying the PSA, and within the time frames set forth in the Agreement; WHEREAS, the Parties desire to renew this Agreement for the continued engineering, surveying, geotechnical and land acquisition support services; and WHEREAS, the Parties will continue to operate and abide by the terms and conditions of PSA/19-75 entered into by the Parties on December 16, 2019. NOW, THEREFORE, City and the Consultant agree to this Renewal Agreement #1 as follows: I. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto and incorporated herein outlines the understanding and performance that each Party shall provide to each other pursuant to the terms and conditions of the PSA/19-75, for the fiscal year 2021. II. COMPENSATION Compensation and Payment for the services described in the Outline of Statement of Work, attached hereto, shall be per the terms of Section 4 of the PSA/19-75 and Section 9 of the Statement of Work, and not to exceed $200,000. DocuSign Envelope ID: ACDA7FD0-ABE3-4624-BD49-E5E9D88C8F75 1/28/2021 Page 170 of 405 2 IN WITNESS WHEREOF, the City and Contractor do hereby execute this Renewal Agreement #1 to the Professional Services Agreement (PSA/19-75). OWNER: CITY OF ENGLEWOOD, COLORADO By: __________________________________ Date: ________________________________ (Department Director) By: __________________________________ Date: _______________________________ (City Manager) By: __________________________________ Date: ________________________________ (Mayor) Attest: __________________________________ (City Clerk CONSULTANT: STANLEY CONSULTANTS, INC. By: __________________________________ (Signature) __________________________________ (Print Name) Title: __________________________________ Date: __________________________________ Marvinetta L. Hartwig Vice President, Transportation Market Leader 11/24/2020 Marvinetta L. Hartwig Digitally signed by Marvinetta L. Hartwig DN: C=US, E=HartwigMarvinetta@stanleygroup.com, O=Stanley Consultants, CN=Marvinetta L. Hartwig Date: 2020.11.24 15:39:01-07'00' DocuSign Envelope ID: ACDA7FD0-ABE3-4624-BD49-E5E9D88C8F75 1/28/2021 1/28/2021 1/28/2021 Page 171 of 405 3 SCHEDULE A OUTLINE OF STATEMENT OF WORK FOR RENEWAL AGREEMENT #1 TO PSA/19-75 1. GENERAL Design Consultant: Stanley Consultants, Inc. 8000 S. Chester Street #500 Centennial, CO 80112-3516 303-799-6806 City of Englewood: Public Works 1000 Englewood Parkway Englewood, CO 80110 303-762-2500 The City of Englewood and Stanley Consultants, Inc. have entered into a Renewal Agreement #1 and this Schedule A - Outline of Statement of Work for the Professional Services Agreement ("PSA/19-75) dated December 16, 2019 for City of Englewood General Engineering, Surveying, Geotechnical and Land Acquisition On-Call Services. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Jeff Binning Tim Hoos Stanley Consultants, Inc. City of Englewood Project Manager Capital Projects and Engineering Manager 303-799-6806 303-762-2503 binningjeff@stanleygroup.com thoos@englewoodco.gov 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The work to be performed will be on-call general engineering, surveying, geotechnical and land acquisition services for various Public Works projects. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES Sub-consultants as listed in the Stanley proposal. DocuSign Envelope ID: ACDA7FD0-ABE3-4624-BD49-E5E9D88C8F75 Page 172 of 405 4 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES General engineering, surveying, geotechnical and land acquisition services for various Public Works projects. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT Monthly invoice provided by consultant at rates specified in Stanley’s proposal, payment by Check or ACH. 9. PAYMENT SCHEDULE City will pay Vendor for the work in accordance with the hourly rates shown on the payment schedule(s) included with the proposal based on actual hours worked by the various staff titles and firms. 10. SCHEDULE AND PERFORMANCE MILESTONES As specified in individual task orders issued for each project 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Stanley office at address listed above DocuSign Envelope ID: ACDA7FD0-ABE3-4624-BD49-E5E9D88C8F75 Page 173 of 405 5 IN WITNESS WHEREOF, pursuant and in accordance with the Renewal Agreement #1 to the Professional Services Agreement between the parties hereto dated December 16, 2019, the parties have executed this Statement of Work as of this ______ day of ________________, 2020. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ STANLEY CONSULTANTS, INC. Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Marvinetta L. Hartwig Digitally signed by Marvinetta L. Hartwig DN: C=US, E=HartwigMarvinetta@stanleygroup.com, O=Stanley Consultants, CN=Marvinetta L. Hartwig Date: 2020.11.24 16:10:29-07'00' Marvinetta L. Hartwig Vice President/Transportation Market Leader 11/24/2020 DocuSign Envelope ID: ACDA7FD0-ABE3-4624-BD49-E5E9D88C8F75 1/28/2021 Maria D'Andrea 1/28/2021 Director of Public Works Page 174 of 405 lewood PROCUREMENT DIVISION PROFESSIONAL SERVICES AGREEMENT Contract Number PSAI19-75 On Call General engineering Services up to $200,000 essional Services Agreement (the “Agreement”)is made as of this \Q9‘Uqday ofThisPof l)§'QQug Q\‘,20\_0l(the “Effective Date”)by and between Stanley Consultants,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)“lnte||ectual 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 othen/vise,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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodco.gov PSA -7 ll)-75 Page 175 of 405 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 con?ict,Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4.Invoices and Payment.Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30)days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work.If City disputes all or any portion of an invoice for charges,then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice.City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute.The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible.Upon resolution of the disputed portion,City shall pay to Consultant the resolved amount. 5.Taxes.City is not subject to taxation.No federal or other taxes (excise, luxury,transportation,sales,etc.)shall be included in quoted prices.City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income,capital,net worth, franchise,privilege,any other taxes,or assessments,nor any of the foregoing imposed on or payable by Consultant.Upon written notification by City and subsequent verification by Consultant,Consultant shall reimburse or credit,as applicable,City in a timely manner,for any and all taxes erroneously paid by City.City shall provide Consultant with,and Consultant shall accept in good faith,resale,direct pay,or other exemption certificates,as applicable. 6.Out of Pocket Expenses.Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City,provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodco.gov Ix) Page 176 of 405 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,as first above written,and shall continue for one year,unless this Agreement is terminated as provided in this Section 8.At the end of the initial one year period,the parties may extend this Agreement by the execution of a renewal amendment extending the Agreement for an additional one year period. Such renewal shall be accompanied by a new Statement of Work and an acknowledgement by the parties the renewal will incorporate all of the original terms and conditions of this Agreement. (a)Convenience.City may,without cause and without penalty,terminate the provision of Services under any or all Statements of Work upon thirty (30)days prior written notice.Upon such termination,City shall,upon receipt of an invoice from Consultant,pay Consultant for Services actually rendered prior to the effective date of such termination.Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work,and all completed tasks will be charged as 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 ?led 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—fiscalyear 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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewooclco.gov l'S~\ Page 177 of 405 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 Con?dential 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 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 24-72-201 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 con?dential 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 informationat 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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wwwenglewoodcogov Page 178 of 405 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 withou 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—howand principles learned or experience gained of a non-proprietary and non—confidentialnature. (c)Remedies.Each of the parties hereto agree that if,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 of?cers or employees directly or indirectly realize or may realize as a result of or growing out of,or in connection with any such breach.In addition to,and not in limitation of the foregoing,in the event of any breach of this Section 11,the parties agree that the non—breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non—breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law.Accordingly,the parties agree that the non—breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party,its officers or employees and such other rights and remedies to which the non—breaching party may be entitled to at law,in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wwwenglewoodcogov |'\\=l~-‘ Page 179 of 405 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 suf?cient 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 Bene?ts. 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,bene?t,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. (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 indemnificationobligation 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—standinganything 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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodco.g0v Page 180 of 405 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 indemni?cation. (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. (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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762—23OOwww.englewoodco.gov Page 181 of 405 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.including all Exhibits,Statements of Work and other Attachments that have been executed by the parties,and are attached hereto and made a part of this Agreement. 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. (a)Attorney Fees.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 the 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. 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 aStatementofWork,City,with Consultant's consent,may request Consultant to undertake additional work with respect to such Statement of Work.in such event,City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22.Sub-consultants.Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City.In the event of any permitted subcontracting,the agreement with such third party shall provide that,with respect to the subcontracted work,such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23.Notices.Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1)if by hand delivery, 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wwwenglewoodcogov l'>\-i‘»l—" Page 182 of 405 upon receipt thereof,(2)three (3)days after deposit in the United States mails,postage prepaid,certi?ed 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 announcements,or public disclosures (including,but not limited to,promotional or 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodco.gov Page 183 of 405 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.lt 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.[CR8 8- 17.5-102(2)(a)(l)&(ll).] (b)Veri?cation: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 eligibilityof 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:lf Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowinglyemploys or contracts with an illegal alien,the Consultant shall; (1)notify the sub-consultantand 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) 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wwwenglewoodcogov l0 Page 184 of 405 (e)Damages for Breach of Contract: The City may terminate this contract for a breach of contract,in whole or in part,due to Consu|tant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102.Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. 1000 Englewood Parkway,Englewood,Colorado 80110-2373(303)762-2300 www.englewoodco.gov ‘\_.\.—;|i.’-ll Page 185 of 405 IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed by theirauthorizedofficersasofthedayandyearfirstabovewritten.This Agreement may be executed incounterparts,each of which shall be deemed an original,but all of which together shall constitute oneandthesameinstrument. CITY OF ENGLEWOOD,COLORADO ATTEST: (Department Director) (City manager) Date: Date:[_Z//37"/7L Date:‘Z/Q KS“7Lan/?onfu/7La:/1713}/nc. (Consultant Name) 000005‘Cam 574,Ju/>‘e 5% Address C€/z7£tr7n/}«.,€)40 X0//L City,State,Zip Code 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodco.gov Page 186 of 405 SCHEDULEA OUTLINE OF STATEMENT OF WORK GENERAL Design Consultant:Stanley Consultants,Inc. 8000 8.Chester Street #500 Centennial,CO 80112-3516 303-799-6806 City of Englewood:Public Works 1000 Englewood Parkway Englewood,CO 80110 303-762-2500 The City of EnglewoodandStanley Consultants,Inc.have entered into an agreement datedEQQQUAIFJ-QIVI0,2019 for City of Englewood General Engineering,Surveying, 2. Geotechnical and Land Acquisition On-Call Services. NAMES,PHONE NUMBERSAND EMAILS OF PROJECT COORDINATORS Tim Hoos City of Englewood Capital Projects and Engineering Manager 303-762-2503 thoos@eng|ewoodco.gov Jeff Binning Stanley Consultants,Inc. Project Manager 303-799-6806 binningjeff@stanleygroup.c0m SUMMARYOF PURPOSE FOR STATEMENT OF WORK The work to be performed will be on-call land acquisition services for various Public general engineering,surveying,geotechnical and Works projects. EQUIPMENT AND PROGRAMMINGTO BE PROVIDED BY CITY (IF ANY) OTHER CONSULTANT RESOURCES Sub-consultants as listed in the Stanley proposal. DESCRIPTIONOF WORK PRODUCT AND DELIVERABLES General engineering,surveying,geotechnical and land acquisition services for various PublicWorksprojects. I’\\::|.“§ 1000 Englewood Parkway,Englewood.Colorado 80110-2373 (303)762-2300 wwwenglewoodcogov Page 187 of 405 7.SPECIAL TERMS,IF ANY N/A 8.MODE OF PAYMENT Monthly invoice provided by consultant at rates specified in Stanley's proposal,payment byCheckorACH. 9.PAYMENT SCHEDULE City will pay Vendor for the work in accordance with the hourly rates shown on the paymentschedule(s)included with the proposal based on actual hours worked by the various staff titlesandfirms. 10.SCHEDULE AND PERFORMANCEMILESTONES As specified in individualtask orders issued for each project 11.ACCEPTANCEAND TESTING PROCEDURES N/A 12.LOCATIONOF WORK FACILITIES Stanley office at address listed above IN WITNESS WHEREOF,purs nt and in accordance withthe Professional Services AgreementbetweenthepartieshetodatedQQILIOQY\Io,zo?,the parties have executed this StatementofWorkasofthisdayof\Q ,ZOE. CITY OF ENGLEWOOD,COLORO (Print Name) Title:U/'cf/J7’07/I Date:/&//#7 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodco.gov l{\‘_\::|'),‘I Page 188 of 405 Consultant Na &V7L6lm:‘cg,QDVUQ/7Z0!/77(5)/14C. r (Signature) .é2Vv/‘me 7“/6;L"H-CM71% (Print Name) Time;V/CZ;p/05/06!/471 Date:///5 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodco.gov pq_,\.—.1.»7: Page 189 of 405 .Ei"‘i'?lewoodPROCUREMENTDIVISION CHANGE O RDER Date:9/15/2022 Change Order #:01 Project Na me:On-call Engineering Services Contract #:PSA 19-75 Department:Public Works PO #:2021-00000087 Project Manager:Tim Hoos Original Agreement Date:12/16/2019 Stanley Consultants,Inc.Dartmouth Bridge over S. Contractor:(Consultant)Location:Platte River t A r C S P) Select the best description of this Change Order (Check one): Standard Change Order fee te ondition(Jusificationttace) Emergency (Authorization attached) Subsantial(Authorization attached) Original Contract Amount:$20o’00o_0o Original completion date:01/23/2022 Previous Change Order(s):$Q00 Previous change in time:0 Days Contract Amount Prior to Completion Date Prior to this Change Order:$200,000.00 this Change Order:01/28/2022 0 '5 Cha ..grrge?zntofth'nge 5 48318.00 Change in contract time: 276 Days New Contract Amount:$243,313“,New Completion Date:10/31/2022 CHANGE I The following changes are hereby made to the contract documents: Change in Change in InitiatedRef#Summary Description Contract Contract B _ Price Time y' This change order allows the consultant to be compensated for additional efforts related to changes in the design scope during the design phase. These scope changes are related to ongoing coordination with XcelEnergy and design of a conduit hanger system on the bridge for existing overhead1lines.Additional CDOT requirements for Bridge Design,ROW and Drainage $48'318'oo 276 Days TH are also required to be addressed.See attached letter and fee breakdown for additional information.This change order results in a 24%change in the original contract price._|_ 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org Page 190 of 405 "E??lewoodPROCUREMENTDIVISION CHANGEORDER The parties understand and agree that this Change Order does not amend 12/16/2019 or change the terms of the original contract/agreement entered into by the '0’ '0 0'1 ’ arties on: (CriginalAgreement 0 Dlgllally signed by Samh Zarzeckl , Va ""DN:cn=Sarah Zarzecki,:FSlan|By Consultants,Inc,ou,“W*5'*?,;z>‘';:.:'3?:;::::t2%:a:l:2%-Date:Sel?ember21»2022AcceptedbyConsultant: *Approved by Prcject Manager:Date:/9/f/Z03? *Approved by Department Director:7 ZZ E Date:IU 5 /Z 7&1 **Routed to City Manager for approval in Tyler New World Date: ***Approvedby City Council -Agenda Item No.Date: *Ifthe amount of the change order is less than $5,000,the Project Manager and Department Director must approve. "it the amount ofthe change order is greater than $5,000,the City Manager must also approve. ***Ifthe amount of the change order is greater than $100,000 and/or greater than 10%(per individual change order)or cumulatively equal to or greater than 25%of the original contract amount (for original contracts equal to or greater than $100,000),the change order will also require City Council approval. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org Page 191 of 405 September 15, 2022 Tim Hoos Deputy Director - Engineering and Asset Management City of Englewood Public Works Department 1000 Englewood Parkway Englewood, CO 80110 RE: Dartmouth Avenue Bridge Widening Additional Services Request Dear Tim: Due to ongoing coordination with Xcel Energy to determine a location and method for attaching powers lines to the existing Dartmouth Bridge over the South Platte River, continued comments and revisions on previously approved work by CDOT, and out of scope work requested by CDOT ROW, we are submitting this change in scope and request for additional funds. The proposed scope of work contained herein is based on our understanding of the anticipated improvements needed to finish the project per our discussions with Xcel Energy, and CDOT: » Ongoing coordination meetings with Xcel, Xcel subcontractors, CDOT and the City of Englewood. » Ongoing coordination with Xcel for the relocation of powerlines from overhead to attached to the bridge. o 3 Reviews of shop drawings. o 5 additional meetings. o Plan development changes to accommodate Xcel Revisions. o Design of new pier and cap for east end of utility truss. » Modified the AD plans to accommodate new CDOT bridge rail comments: o Developed new calculations for bridge rail. o Re-designed bridge rail approaches. o 3 additional meetings with the team and CDOT to discuss alternatives and review solutions. o Additional of high strength reinforcement to meet deck overhang requirements » Modified plans to reduce conduits in sidewalk and rail barrier » Revised future utility plans to move utilities inside of new box girders o Checked box girder designs for additional utility loads o Revised plans and details for utilities inside box girders. » Updated Drainage Plans & Report to accommodate new CDOT comments. o Updated Stormwater Jurisdictional Control Letter o Work with City to update WTR Permit Certification » Updated 404 Documentation that had sunsetted from previous submittals. Page 192 of 405 Page 2 » Ongoing coordination with CDOT ROW group to finalize plans for submittal. o Delays due to excessive review times. o Adjusted ROW plans 7 times to accommodate all comments. o Developed conditional letter of approval to allow for construction while ROW acquisition is in progress. o Coordination with TRS for ROW acquisition. » Revisions to Utility Coordination package based on comments from CDOT o Additional letters and approval forms from additional utilities » Address new CDOT Bridge Manual criteria to submit all plans, specification, calculations and inspection sketches, including pdf’s and native file format. Stanley request additional funding of $48,318 for the task noted. See attached fee summary. If you have any questions about this submittal, please do not hesitate to contact me, 719.237.9850 or by email at robpratt@stanleygroup.com. Sincerely, Ronald F. Gibson PE Project Manager Page 193 of 405 Dartmouth Avenue Widening - Additional ServicesDate: 09/15/2022TOTALRob Pratt, PEPrincipalDave DyerQA/QC-Task ManagerAlyssa Pankow, PEProject EngineerMichael Romero, PESeniorEngineerTJ Scarberry, PE, PTOETask ManagerRon Gibson, PEStructural ManagerInna Pushkorva, PEProject Structural EngineerNigel Ruckhous, EITStructural Designer$287 $222 $130 $170 $201 $222 $142 $100TASK I - PROJECT MANAGEMENT1.1 Project Management 88$2,296 2,296$ 1.2 Project Design Coordination Meetings 4 3034$7,808 7,808$ TASK 3 - SUBSURFACE UTILITY ENGINEERING (SUE) & COORDINATION03.1 Phase 1 Designating0$0 -$ 3.2 Incorporation of Phase 1 & Phase 2 Utility Information into Plans0$0 -$ 3.3 Utility Coordination Meetings 88$1,776 1,776$ 3.4 CDOT Utility Clearance Support 6060$13,320 13,320$ TASK 4 - ENVIRONMENTAL COORDINATION- Environmental Coordination 44$1,148 1,148$ TASK 5 - RIGHT-OF-WAY SERVICES- Right-of-Way Services 4 610$2,168 2,168$ TASK 8 - AD DOCUMENT (100%)08.1 AD Roadway Design 22$574 574$ 8.2 AD Traffic Design44$680 680$ 8.3 AD Drainage Design66$780 780$ 8.4 AD Stormwater Management & Erosion Control Plans0$0 -$ 8.5 AD Structural Design30 74 6110$17,768 17,768$ 8.6 AD Opinion of Probable Construction Cost0$0 -$ 8.7 AD Special Provisions0$0 -$ 8.8 AD Review Meeting0$0 -$ 22 68 6 10 0 60 74 6246$48,31848,318$ SCOPE OF WORKTotal Professional Service Fee and Other Direct CostsTASK / DELIVERABLEStanley TotalProfessional Service HoursProfessional Service FeeOther Direct CostsPage 194 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: October 17, 2022 SUBJECT: Resolution to Approve Amendment No. 1 to City Attorney Employment Agreement DESCRIPTION: Amendment No. 1 to City Attorney Employment Agreement provides for the same base salary and several benefits as that of the City Manager, including base salary of $183,001.03 RECOMMENDATION: Approve Amendment No. 1 to City Attorney Employment Agreement by resolution. SUMMARY: Amendment Number 1 to the City Attorney Employment Agreement increases annual compensation to that of the City Manager's, and provides additional benefits offered to the City Manager as follows: 48 hours of PTO, vehicle allowance, technology allowance, and additional insurance benefits. The amendment also provides various non-compensatory amendments to the employment agreement, such as changing the annual review date from April 15 to reflect current practice of September 1 and allowing the City Attorney to be paid out when PTO accrual reaches City maximum limits, if her job duties do not allow her to utilize PTO. COUNCIL ACTION REQUESTED: Approve the amendment by resolution. FINANCIAL IMPLICATIONS: This will have a total City Attorney annual budget impact of $13,551.03. Due to cost savings implemented by the City Attorney, no budget increase is required. ATTACHMENTS: Amendment No. 1 Resolution Page 195 of 405 1 RESOLUTION NO. SERIES OF 2022 A RESOLUTION APPROVING AMENDMENT NUMBER ONE TO THE CITY ATTORNEY EMPLOYMENT CONTRACT. WHEREAS, on May 12, 2021, the City of Englewood executed the City Attorney Employment Contract, for employment beginning on June 7, 2021; and WHEREAS, after fifteen months in office, the City Attorney has evaluated and/or implemented efficiencies and best practices to reduce costs and maximize City revenue; and WHEREAS, the City Attorney has either completed or is addressing the goals for that office established by City Council in October, 2021; and WHEREAS, City Council desires to raise the City Attorney’s base salary and benefits to match those provided to the City Manager; and WHEREAS, due to efficiencies and best practices implemented by the City Attorney, City Council anticipates no budget increases will be required as a result of an increase in the compensation package as represented by Amendment Number One to the City Attorney Employment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood hereby authorizes execution of Amendment Number One to the City Attorney Employment Agreement raising the base salary to $183,001.03 and providing additional benefits to match those provided to the City Manager, which is attached hereto and incorporated by reference herein. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest Amendment Number One to the City Attorney Employment Agreement and take such further action as necessary to implement its provisions. ADOPTED AND APPROVED this 17th day of October, 2022. _______________________________ Othoniel Sierra, Mayor Page 196 of 405 2 ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __________, Series of 2022. Stephanie Carlile Page 197 of 405 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 1 AMENDMENT NUMBER ONE TO CITY ATTORNEY EMPLOYMENT CONTRACT THIS AMENDMENT NUMBER ONE to the CITY ATTORNEY EMPLOYMENT CONTRACT, made and entered into on this ________ day of ________________, 2022 by and between the City of Englewood hereinafter referred to as “City” and TAMARA NILES, hereinafter referred to as “City Attorney” and collectively referred to as the “Parties”. WHEREAS, on May 3, 2021, the Parties entered into the City Attorney Employment Contract (“Agreement”) whereby the City Attorney was employed under the terms and conditions contained therein; and WHEREAS, the Parties desire to Amend the Agreement as set forth herein, to provide the City Attorney with the same compensation package as the City Manager and make additional revisions to reflect current practices. NOW, THEREFORE, City and the City Attorney hereby enter into this Amendment Number One as follows: I. AMENDMENT TERMS A. Section 4 of the Agreement shall be amended to read as follows: 4. COMPENSATION. Effective October 1, 2022, the City shall pay Niles an annual salary of $183,001.03. This salary shall be payable in accordance with the City’s usual payroll practices. Subject to the provisions of this Agreement as hereinafter provided, changes in Niles’s salary shall be determined by the City Council based on Niles’s performance and/or annual percentage increase offered to all City employees (if any), and may be made by Resolution. Niles will be considered an exempt employee for purposes of the Fair Labor Standards Act, and shall not be entitled to overtime compensation. B. Section 5D of the Agreement shall be amended to read as follows: 5.D. Tuition Reimbursement. Niles will be eligible for tuition, costs, and fees reimbursement for a degree program that benefits the City in the maximum amount offered to other employees through the Human Resources tuition reimbursement program ($5,000 per year, per employee in 2023), but in no event less than $2,000 per year. C. Section 5F shall be added to the Agreement to read as follows: 5.F. Additional Terms: Niles also shall receive additional benefits provided in the City Manager’s Compensation Package as follows: i. Personal Days. The City Attorney is required to provide legal services outside of normal workdays, including on holidays, scheduled vacations, nights and weekends. In lieu of compensation for overtime or other compensatory time, the City agrees to provide the City Attorney with an additional forty-eight (48) hours per year of personal leave time/paid time off. The forty-eight (48) hours shall accrue at the rate of 1.85 hours per pay period. If the City Attorney’s duties do not allow her to utilize Personal Days or other Paid Time Off, and she reaches the PTO Maximum Earning Limit established in Englewood Administrative Policy 6.2, the value of all accruals in excess of the Maximum Earning Limit shall be paid out to Niles as accrued. Page 198 of 405 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 2 ii. Auto Allowance. The City Attorney will be paid an auto allowance of Five Thousand Two Hundred Dollars ($5,200) per year, paid at Two Hundred Dollars ($200.00) per pay period. iii. Technology Allowance. The City Attorney will be paid a technology allowance of One Thousand Three Hundred Dollars ($1,300) per year, paid at Fifty Dollars ($50.00) per pay period. iv. The City Attorney will receive all benefits provided to director-level employees. The City Attorney will receive the following additional insurance benefits: Accidental Death & Dismemberment in same amount as the annual salary; Short Term Disability in the amount of 780 hours annually with 0-9 years of serve, and 1040 hours annually with 10 or more years of service; and Long Term Disability in the amount of 60 percent of monthly salary to a maximum of $7,000 per months, after 6 months of disability. D. Section 11 of the Agreement shall be amended as follows: 11. PERFORMANCE EVALUATION. All references to April 15 in this Section shall be replaced with September 1. II. RETROACTIVE EFFECT All provisions of this Amendment No. 1 shall be retroactive starting October 1, 2022. Any additional compensation due arising out of this retroactive date shall be paid in a lump sum on the first available payroll date after execution of this agreement. III. INCORPORATION BY REFERENCE OF AGREEMENT, ANY PRIOR AMENDMENTS Except as specifically modified herein, all other terms and conditions of the Agreement and any prior amendments thereto are incorporated by reference as if fully set forth herein, and shall continue in full force and effect until the earlier of (a) expiration of the term, completion of the Project/Scope of Services, or termination of the Agreement; or (b) mutual agreement in writing by the Parties hereto. IN WITNESS WHEREOF, the City and City Attorney do hereby execute this AMENDMENT NUMBER ONE to the CITY ATTORNEY EMPLOYMENT CONTRACT. CITY OF ENGLEWOOD, COLORADO By: __________________________________ Date: _______________________________ (Mayor) Attest: __________________________________ Date: _______________________________ (City Clerk) CITY ATTORNEY TAMARA NILES By: __________________________________ Date: _______________________________ Tamara Niles Page 199 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Chris Edelstein, Jeff Wenda, Tim Dodd DEPARTMENT: Public Works DATE: October 17, 2022 SUBJECT: Renewal of Contract with Regal Facility Management for Custodial Services DESCRIPTION: Renew Contract with Regal Facility Management for Custodial Services at Various City Facilities. Total cost is $340,780.00 RECOMMENDATION: Staff recommends that Council approve, by motion, the renewal of a contract with Regal Facility Management ("Regal") to continue providing custodial services in city facilities in the amount of $340,780.00. PREVIOUS COUNCIL ACTION: • August 2, 2021- Change Order for contract with Regal to provide an additional $50,000 for temporary custodial services • October 4, 2021- Change Order for contract with Regal to provide an additional $25,000 for temporary custodial services • November 1, 2021- Approval of new contract with Regal for custodial services SUMMARY: The city issued a Request for Proposals (RFP) for Custodial Services at City Facilities on September 9, 2021. Eleven proposals were received on September 30. Staff evaluated and rated the proposals, contacted references, and solicited additional information from the top- rated proposers to arrive at a consensus on the selection of Regal for these contract services. The original contract ran through November 3, 2022, and staff is recommending that the City continue to use Regal. ANALYSIS: The city provides janitorial and day porter services to the following facilities utilizing hybrid approach of staff and contracted services: • Civic Center; • Servicenter; • Englewood Recreation Center; • Malley Recreation Center; • Pirate's Cove; • Broken Tee Golf Course; • Englewood Police Department; Page 200 of 405 • South Platte Renew; and • Allen Water Treatment Plant. The City issued a Request for Proposals on September 9, 2021 for custodial services. All buildings except for the Police Department, Englewood Recreation Center and the Servicenter, totalling approximately 190,000 square feet, will be serviced through this contract. City employees will continue to provide day porter and nightly cleaning services at the Police Department, Englewood Recreation Center and the Servicenter as well as perform various specialized cleaning efforts, such as carpet cleaning, as well as meeting room setups and teardowns. Staff conducted a cost analysis to determine the most fiscally responsible approach in maintaining the desired levels of service throughout our facilities for custodial services. Saff found that having the Englewood Recreation Center and the Servicenter cleaned by in-house services, while continuing to clean the Police Department in-house, would be financially prudent. In retaining the responsibility of the aforementioned facilities, the City could save approximately $11,000/year when comparing it to the cost for contractual services. COUNCIL ACTION REQUESTED: Staff recommends that Council approve, by motion, the renewal of a contract with Regal Facility Management ("Regal") to continue providing custodial services in city facilities in the amount of $340,780.00. FINANCIAL IMPLICATIONS: The base cost for custodial services is $294,780.00. Quarterly services amounts to an additional $16,000. Building Services is requesting an additional $30,000 in contingencies to be allocated for supplemental services through FY22. This brings the total contract sum not to exceed $340,780.00 of which $74,393.00 to be expensed in FY22. This contract will be funded from the General Fund operating budget for Public Works - Operations and Maintenance, Account 02- 1005. The city is continuing its transition from having all city staff performing this work to a combination of City staff and contracted services. The 2023 budget was prepared assuming that there were four city custodians. CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Sustainability A city that protects its natural environment • Maintain the current built environment and maximize the lifecycle of newer high-profile buildings (police station, schools) • Develop a proactive capital plan to address needed capital and maintenance of city buildings. OUTREACH/COMMUNICATIONS: Staff conducted an internal survey of city employees to better understand their opinions on cleaning services. Data from this survey was utilized to determine the proposed services. ATTACHMENTS: -Contract Approval Summary -Schedule A - Scope of Services -Exhibit 1a & 1b. Page 201 of 405 -Presentation- Renewal of Regal Contract -Contract Renewal with Regal Page 202 of 405 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Jeff Wenda Phone: (303) 762-2533 Title: Building Services Supervisor Email: jwenda@englewoodco.gov Vendor Contact Information Vendor Name: Regal Facility Management Vendor Contact: Tyler Warmbold Vendor Address: 1500 W. Hampden Avenue, Suite 3J Vendor Phone: (303) 250-4111 City: Englewood Vendor Email: tyler.warmbold@regalmanagement.com State: CO Zip Code: 80110 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: November 2022 End Date: November 2023 Total Years of Term:1 Total Amount of Contract for term (or estimated amount if based on item pricing): $340,780.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): All payments to Contractor are contingent on Contractor’s satisfying the Deliverables set forth in the Scope of Work. Payments shall be made upon work completed and the approval of the invoice. Attachments: ☐Copy of original Contract if this is an Amendment ☒Copies of related Contracts/Conveyances/Documents Custodial Services at City Facilities Page 203 of 405 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2022 02 1005 51101 Salary and Wages (savings)599,873.00$ 379,420.09$ -$ 220,452.91$ O 2022 02 1005 54201 Professional Services 594,400.00$ 592,638.49$ 74,393.00$ (72,631.49)$ -$ Total by Fund - 2022 1,194,273.00$ 972,058.58$ 74,393.00$ 147,821.42$ C 2023 -$ -$ -$ -$ O 2023 02 1005 54201 Professional Services 266,387.00$ -$ 266,387.00$ -$ Total by Fund - 2023 266,387.00$ -$ 266,387.00$ -$ Grand Total 1,460,660.00$ 972,058.58$ 340,780.00$ 147,821.42$ CAPITAL & OPERATING EXPENSE Page 204 of 405 Contract Approval Summary March 2019 Update Page | 3 *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 205 of 405 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Statement of Work for Custodial/Janitorial Services Agreement between the City of Englewood, Public Works Department (City) and Regal Facility Management (Contractor), 1500 W. Hampden Avenue, Suite 3J, Englewood, Colorado 80110 effective immediately upon execution by the parties and will continue for a one-year service term, which may be extended for up to two (2) additional, optional one-year periods. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Public Works: Jeff Wenda, Building Services Supervisor (303) 762-2533 jwenda@englewoodco.gov Regal Facility Management: Tyler Warmbold, Co-President (303) 250-4111 Tyler.warmbold@regalmanagement.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The work to be performed shall be routine custodial/janitorial maintenance services (daily, weekly, and monthly) using City supplied equipment and supplies or pre-approved, Contractor supplied equipment and supplies at the City owned locations as listed in Section 12. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City of Englewood will be providing the following equipment for routine janitorial maintenance throughout each facility within the city. A. Broken Tee Golf Course a. Upright Commercial Vacuum B. Charles Allen Water Treatment Plant a. Upright Commercial Vacuum C. Civic Center a. (3) Upright Commercial Vacuums b. Ride-on Vacuum c. Carpet Spotter d. Steam Carpet Cleaner/Extractor e. All-in-one Carpet Extractor f. Compact Auto Scrubber g. Walk-behind Auto Scrubber h. Wet/Dry Vacuum D. Malley Center Page 206 of 405 a. Upright Vacuum b. Carpet Spotter c. Ride-on Auto Scrubber E. Pirate’s Cove a. Upright Vacuum F. South Platte Renew a. (2) Upright Vacuums b. Walk-behind Auto Scrubber c. Backpack Vacuum 5. OTHER CONSULTANT RESOURCES Additional resources as listed in Exhibit 1b in the Regal Facility Management proposal dated October 3, 2022. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES In addition to performing custodial/janitorial services, the Contractor will keep the City updated on the status of performance by delivering the following monthly status reports: A. Actual hours worked at each facility. B. Any additional services that were rendered outside of this request for proposal. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT Monthly invoice provided by Contractor at rates specified in Contractor’s proposal, payment by Check or ACH. 9. PAYMENT SCHEDULE City will pay Contractor for the work in accordance with the following payment schedule. All payments to Contractor are contingent on Contractor’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Contractor that the Deliverables-Milestones have been satisfied. The City will pay the Contractor on a monthly basis for all service completed, approved by the City and included on the monthly invoice provided by the Contractor. 10. SCHEDULE AND PERFORMANCE MILESTONES Schedule of services as shown in Regal Facility Management’s proposal dated October 3, 2022. 11. ACCEPTANCE AND TESTING PROCEDURES Page 207 of 405 The City’s representatives will conduct routine inspections of completed work and any unsatisfactory work will be brought to the attention of the Contractor. The Contractor will be required to properly service the area in question within one (1) business day. 12. LOCATION OF WORK FACILITIES The Contractor shall provide custodial/janitorial services at the following City facilities: A. Broken Tee Golf Course – 2101 W. Oxford Ave., Englewood, CO 80110 B. Charles Allen Water Treatment Plant – 1500 W. Layton Ave., Englewood, CO 80110 C. Civic Center – 1000 Englewood Parkway, Englewood, CO 80110 D. Service Center – 2800 S. Platte River Drive, Englewood, CO 80110 E. Englewood Recreation Center – 1155 W. Oxford Avenue, Englewood, CO 80110 F. Malley Center – 3380 S. Lincoln St., Englewood, CO 80110 G. Pirate’s Cove Water Park – 1225 W. Belleview Ave., Englewood, CO 80110 H. South Platte Renew Wastewater Treatment Plant – 2900 S. Platte River Dr., Englewood, CO 80110 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: _______________________________ Page 208 of 405 CITY OF ENGLEWOOD EXHIBIT 1a - COST PROPOSAL COST/MONTHESTIMATED HOURS/SERVICE DAYLOCATION All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. Civic Center - Day Porter Civic Center - Cleaning Recreation Center - Day Porter Recreation Center - Cleaning Broken Tee Golf Course - Day Porter Broken Tee Golf Course - Cleaning Malley Center - Cleaning Malley Center - Day Porter ServiCenter - Cleaning Pirate's Cove - Day Porter Police Department - Day Porter Police Department - Cleaning Allen Water Plant - Day Porter South Platte Renew - Cleaning 8 Hours per Day / Monday - Friday Pricing not requested 2 Hours per Day / Monday - Sunday 2 Hours per Day / Monday - Friday 2 Hours per Day / Monday - Friday $3,725.00 per Month ($21.50 per Hour) $1,305.00 per Month ($21.50 per Hour) $930.00 per Month ($21.50 per Hour) $935.00 per Month ($21.50 per Hour) 16 Hours per Night - Monday - Friday 6 Hours per Night - Saturday and Sunday $8,175.00 per Month Pricing not requested 7 Hours per Night - Monday - Saturday 2 Hours per Day - Monday - Friday $3,730.00 per Month $935.00 Per Month Pricing not requested 2 Hours per Night / Monday - Sunday $1,275.00 per Month 8 Hours per Night / Monday - Friday $3,555.00 per Month Pricing not requested Pricing not requested Page 209 of 405 City of Englewood – Total Monthly Pricing – REDUCED Locations • Day Porter – $7,830.00 per Month • Night Cleaning – $16,735.00 per Month • Total Combined Monthly - $24,565.00 per Month Page 210 of 405 SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR CALL OUT EXPENSE PER TRIP SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR CLEAN FABRIC COUCHES CLEAN LEATHER COUCHES CLEAN 1ST FLOOR WINDOWS CLEAN 2ND FLOOR WINDOWS CITY OF ENGLEWOOD EXHIBIT 1b - COST PROPOSAL EMERGENCY CUSTODIAL CONTRACT RATES – WEEKEND OR STANDBY CARPET CLEANING STRIP & WAX VINYL OR LINOLEUM FLOORS SPRAY BUFF HARD SURFACE FLOORS CLEAN FABRIC CHAIRS CLEAN MESH CHAIRS CLEAN VINYL CHAIRS All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. $30.00 per hour $25.00 per hour $32.50 per hour $40.00 per hour $40.00 per hour $50.00 per hour $50.00 per hour $35.00 per hour $35.00 per hour $30.00 per hour $30.00 per hour $25.00 per hour $30.00 per hour $25.00 per hour $40.00 per hour $50.00 per hour Page 211 of 405 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 1 AMENDMENT NUMBER 1 TO CONTRACT FOR SERVICES Contract Number CFS-21-102 CUSTODIAL & JANITORIAL MAINTENANCE SERVICES Not to exceed $340,780.00 THIS AMENDMENT NUMBER 1 to the Contract for Services, made and entered into on this ________ day of ________________, 2022 by and between the City of Englewood hereinafter referred to as “City” and Regal Facility Management hereinafter referred to as “Vendor” and collectively referred to as the “Parties”. WHEREAS, on November 3, 2021 the Parties entered into a Contract for Services (“Agreement”) for the provision of Custodial & Janitorial Maintenance Services; and WHEREAS, the term of the Agreement was from one year, from November 3, 2021 through November 3, 2022, with the option to renew the contract; and WHEREAS, the parties desire to Amend the Agreement, and any prior amendments thereto, to extend the term of the Agreement for an additional one your period from November 3, 2022 through November 3, 2023, include an option to renew for three (3) additional one-year periods; and increase the scope of services during the contract period; and NOW, THEREFORE, City and the Vendor hereby enter into this Renewal Agreement Number 1 as follows: I. AMENDMENT TERMS This Amendment is entered into to modify the terms of the original Agreement and all prior amendments thereto (if any) to increase the dollar amount as follows: To extend the term of the Agreement for one-year, from November 3, 2022 through November 3, 2023, with an option to renew for three (3) additional one-year periods as agreed upon by the City of Englewood and the vendor. II. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto as Attachment A and incorporated herein by reference outlines the understanding and performance that each Party shall provide to the other pursuant to the terms and conditions of the Agreement and this Amendment Number 1 for the additional statement of work. The Attachment A attached hereto shall be in addition to the Attachment A Outline Statement of Work as contained in the Agreement. Page 212 of 405 Page 213 of 405 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Statement of Work for Custodial/Janitorial Services Agreement between the City of Englewood, Public Works Department (City) and Regal Facility Management (Contractor), 1500 W. Hampden Avenue, Suite 3J, Englewood, Colorado 80110 effective immediately upon execution by the parties and will continue for a one-year service term, which may be extended for up to two (2) additional, optional one-year periods. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Public Works: Jeff Wenda, Building Services Supervisor (303) 762-2533 jwenda@englewoodco.gov Regal Facility Management: Tyler Warmbold, Co-President (303) 250-4111 Tyler.warmbold@regalmanagement.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The work to be performed shall be routine custodial/janitorial maintenance services (daily, weekly, and monthly) using City supplied equipment and supplies or pre-approved, Contractor supplied equipment and supplies at the City owned locations as listed in Section 12. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City of Englewood will be providing the following equipment for routine janitorial maintenance throughout each facility within the city. A. Broken Tee Golf Course a. Upright Commercial Vacuum B. Charles Allen Water Treatment Plant a. Upright Commercial Vacuum C. Civic Center a. (3) Upright Commercial Vacuums b. Ride-on Vacuum c. Carpet Spotter d. Steam Carpet Cleaner/Extractor e. All-in-one Carpet Extractor f. Compact Auto Scrubber g. Walk-behind Auto Scrubber h. Wet/Dry Vacuum D. Malley Center Page 214 of 405 a. Upright Vacuum b. Carpet Spotter c. Ride-on Auto Scrubber E. Pirate’s Cove a. Upright Vacuum F. South Platte Renew a. (2) Upright Vacuums b. Walk-behind Auto Scrubber c. Backpack Vacuum 5. OTHER CONSULTANT RESOURCES Additional resources as listed in Exhibit 1b in the Regal Facility Management proposal dated October 3, 2022. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES In addition to performing custodial/janitorial services, the Contractor will keep the City updated on the status of performance by delivering the following monthly status reports: A. Actual hours worked at each facility. B. Any additional services that were rendered outside of this request for proposal. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT Monthly invoice provided by Contractor at rates specified in Contractor’s proposal, payment by Check or ACH. 9. PAYMENT SCHEDULE City will pay Contractor for the work in accordance with the following payment schedule. All payments to Contractor are contingent on Contractor’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Contractor that the Deliverables-Milestones have been satisfied. The City will pay the Contractor on a monthly basis for all service completed, approved by the City and included on the monthly invoice provided by the Contractor. 10. SCHEDULE AND PERFORMANCE MILESTONES Schedule of services as shown in Regal Facility Management’s proposal dated October 3, 2022. 11. ACCEPTANCE AND TESTING PROCEDURES Page 215 of 405 Page 216 of 405 CITY OF ENGLEWOOD EXHIBIT 1a - COST PROPOSAL COST/MONTHESTIMATED HOURS/SERVICE DAYLOCATION All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. Civic Center - Day Porter Civic Center - Cleaning Recreation Center - Day Porter Recrea ion Center - Cleaning Broken Tee Golf Course - Day Porter Broken Tee Golf Course - Cleaning Malley Center - Cleaning Malley Center - Day Porter ServiCenter - Cleaning Pirate's Cove - Day Porter Police Department - Day Porter Police Department - Cleaning Allen Water Plant - Day Porter South Platte Renew - Cleaning 8 Hours per Day / Monday - Friday Pricing not requested 2 Hours per Day / Monday - Sunday 2 Hours per Day / Monday - Friday 2 Hours per Day / Monday - Friday $3,725.00 per Month ($21.50 per Hour) $1,305.00 per Month ($21.50 per Hour) $930.00 per Month ($21.50 per Hour) $935.00 per Month ($21.50 per Hour) 16 Hours per Night - Monday - Friday 6 Hours per Night - Saturday and Sunday $8,175.00 per Month Pricing not requested 7 Hours per Night - Monday - Saturday 2 Hours per Day - Monday - Friday $3,730.00 per Month $935.00 Per Month Pricing not requested 2 Hours per Night / Monday - Sunday $1,275.00 per Month 8 Hours per Night / Monday - Friday $3,555.00 per Month Pricing not requested Pricing not requested Page 217 of 405 City of Englewood – Total Monthly Pricing – REDUCED Locations • Day Porter – $7,830.00 per Month • Night Cleaning – $16,735.00 per Month • Total Combined Monthly - $24,565.00 per Month Page 218 of 405 SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR CALL OUT EXPENSE PER TRIP SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR SUPERVISOR COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR STAFF PERSON COST/HOUR CLEAN FABRIC COUCHES CLEAN LEATHER COUCHES CLEAN 1ST FLOOR WINDOWS CLEAN 2ND FLOOR WINDOWS CITY OF ENGLEWOOD EXHIBIT 1b - COST PROPOSAL EMERGENCY CUSTODIAL CONTRACT RATES – WEEKEND OR STANDBY CARPET CLEANING STRIP & WAX VINYL OR LINOLEUM FLOORS SPRAY BUFF HARD SURFACE FLOORS CLEAN FABRIC CHAIRS CLEAN MESH CHAIRS CLEAN VINYL CHAIRS All prices must include all unit costs for material, labor, other direct costs (i.e. travel), indirect costs (i.e. overhead and general and administrative costs), and profit/fee and all applicable taxes. $30.00 per hour $25.00 per hour $32.50 per hour $40.00 per hour $40.00 per hour $50.00 per hour $50.00 per hour $35.00 per hour $35.00 per hour $30.00 per hour $30.00 per hour $25.00 per hour $30.00 per hour $25.00 per hour $40.00 per hour $50.00 per hour Page 219 of 405 Renewal of Contract for Custodial Services at City Facilities Chris Edelstein Jeff Wenda October 17, 2022 Page 220 of 405 Provide day porter and custodial services at the following facilities: •Civic Center •Malley Recreation Center •Pirate's Cove •Broken Tee Golf Course •South Platte Renew •Allen Water Treatment Plant  City staff will continue to service the Police Department, Englewood Recreation Center and Servicenter facilities as well as conduct specialized services and room setups. Contract Purpose Page 221 of 405 Facility Locations W Oxford AveWindermere StS Navajo StPage 222 of 405 •In 2021, Staff published a Request for Proposals •11 Proposals were received •5 firms were shortlisted for additional review •Staff checked references and requested supplemental information •Regal Facilities Management was selected as providing the best service and value to the city Selection Process Page 223 of 405 Financial Implications •One-year contract from November 3rd, 2022, through November 2nd, 2023 Base Service $294,780.00 Quarterly Services $16,000.00 Contingency $30,000.00 Total $340,780.00 Page 224 of 405 Staff recommends that City Council approve, by motion, the renewal of a contract with Regal Facility Management for Custodial Services at City Facilities in the amount of $340,780.00. Summary Page 225 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Chris Edelstein, Melinda Goblirsch DEPARTMENT: Public Works DATE: October 17, 2022 SUBJECT: Short Term Security - Additional Funding DESCRIPTION: The City / Englewood Environment Fund (EEF) entered into a Short-Term Security contract with Twin City Security in the amount of $99,000. This contract was to cover the anticipated time between terminating one security contractor for breach of contract and procuring a one-year contract with a new security company. The new security company will begin service on October 15, 2022. Additional funding is needed to pay for the short-term security to provide service until the transition occurs. RECOMMENDATION: Staff recommends Council approve, by Motion, additional funding in the amount of $20,000, to pay for short-term security to provide service until the end of the contract term, on October 15, 2022. PREVIOUS COUNCIL ACTION: No previous Council action. SUMMARY: The City / Englewood Environment Fund (EEF) entered into a Short-Term Security contract with Twin City Security in the amount of $99,000. This contract was to cover the anticipated time between terminating one security contractor for breach of contract and procuring a one-year contract with a new security company. Delays in the service transition time has extended the estimated short-term security month-to-month end date by two (2) months. The new security company will begin service on October 15, 2022. Additional funding is needed to pay for the short-term security contractor to provide service until this transition occurs. The short-term security service has been given a 30 day notice of termination as required by contract. ANALYSIS: The City and surrounding EEF properties require continuous security to take care of incidents that occur, or to manage situations, until the Englewood Police Department can arrive. Their presence helps employees and visitors feel more secure in their office, retail and City environments. The short-term security budget was approved based on the anticipated length of time for the service and proposed billing rate for 24 hour / 7 days per week patrol. With delays in the procurement, selection, final approvals, and security transition process - the estimated amount of time for the short-term security is extended. Additional funding in the amount of Page 226 of 405 $20,000 is needed to compensate the short-term security company through the end of their contract and to provide continuous security for the area. COUNCIL ACTION REQUESTED: Staff requests that City Council approve the additional funding required to provide continuous security. FINANCIAL IMPLICATIONS: Additional funding in the amount of $20,000 - funded by 85-8501-55401 - R&M General CONNECTION TO STRATEGIC PLAN: Security ATTACHMENTS: 22-44_PSA_Twin City Security - Redacted Attachment A - Outline Statement of Work - Redacted EEF Board Approval - Redacted Proposal - Twin City Security Proposal - Denver Metro Protection Services CAS - $ 99,000 (original) CAS - $ 20,000 (requested) Termination Letter PowerPoint Presentation Page 227 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 22-44 Twin City Security PROFESSIONAL SERVICES AGREEMENT Contract Number PSA 22-44 EEF Security Services $99,000.00 This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Twin City Security, 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. (c) "Contract" shall mean this instrument, Attachment A the Outline of the Statement of Work, Attachment B Consultant's Proposal, Attachment C Certificate of Insurance and any instruments, drawings and documents which are attached or incorporated by reference. The Consultant, by executing this Contract, agrees to comply with all such terms and conditions and attachments. In DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 4/21/2022 Page 228 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 22-44 Twin City Security addition, any exhibits provided by the Consultant, shall be incorporated and made a part of this Contract. 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 Attachment 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, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 229 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 22-44 Twin City Security 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 date when both parties have signed the Agreement, and shall continue for one-year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, if the parties desire to extend this Agreement beyond the one-year period, written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period by the Consultant. If the parties agree to the renewal, the parties shall then enter into a renewal extending this Agreement including a new Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies. The parties also understand and acknowledge that the one-year extension is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as 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 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 230 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 22-44 Twin City Security 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 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 24-72-201 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 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 231 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 22-44 Twin City Security 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, 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 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 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 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 232 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 22-44 Twin City Security 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 Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant, 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: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) 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: (1) use of the Work Product in combination with products or DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 233 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 22-44 Twin City Security 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. Notwithstanding 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. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 234 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 22-44 Twin City Security (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, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 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. (a) Attorney Fees. 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 the 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. 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 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 235 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 22-44 Twin City Security whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 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 affect 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. DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 236 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 22-44 Twin City Security 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not 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 Workers without Authorization: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with a Worker without Authorization 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 a Worker without Authorization 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 a Worker without Authorization, the Consultant shall; DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 237 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # 22-44 Twin City Security (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 a Worker without Authorization; 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 Worker without Authorization; 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 a Worker without Authorization. (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. DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 238 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA # 22-44 Twin City Security 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) By: ___________________________________Date:___________ (City manager) Twin City Security (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ 3/28/2022 Denver, CO 80222 Dan Redd 1660 S. Albion St. , Suite 424 Vice President DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 4/4/2022 4/21/2022 Page 239 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA # 22-44 Twin City Security ATTACHMENT A OUTLINE OF STATEMENT OF WORK 1. GENERAL Englewood Environmental Foundation Inc. will award a short-term contract for Unarmed Site Security Services where the contractor will supply all labor, materials, equipment, and incidentals required to provide unarmed security at the EEF property. Security services noted in this Statement of Work, are to be provided 24 hours per day, 7 days per week. Complete terms are per the Professional Services Agreement dated March ______, 2022. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Contractor Coordinator: EEF Coordinator: Twin City Security / Dan Redd John Donakowski (303) 803-4164 (303) 762-2532 dan@vtwincitysecurity.com jdonakowski@englewoodco.gov 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK To receive high quality Unarmed Site Security Services in order to provide safe and convenient facilities for the public and staff on EEF owned property. Services to include: • Patrol EEF property, both on foot and in vehicle, to deter crime and identify: o Any non-typical behaviors of people o Illegally parked vehicles o Abandoned vehicles & tow trucks present o Persons attempting to enter a vehicle o Panhandlers o Trespassing & Loitering o Hazards and other unsafe conditions o Maintenance issues o Burned out lights • Perform inspection, detection and investigation of all security-related incidents, violations of regulations and matters of public safety and report same to the Englewood Police Department • Prepare and submit written reports as directed • Respond promptly and appropriately to all security-related emergencies. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) • Keys / access to various sites, as needed • One (1) designated parking spot. DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 4/4/2022 Page 240 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA # 22-44 Twin City Security 5. OTHER CONSULTANT RESOURCES - EQUIPMENT • Contractor shall furnish all equipment necessary to perform the work as described herein. • All equipment shall be kept in good repair and shall conform to all federal, state and local requirements. • Vehicles shall have visible company identification at all times. • Required equipment shall include but not be limited to: o Vehicle to perform security inspections during shift o Radio communication equipment o Flashlight • Contractor shall maintain a radio communication system permitting 24-hour communication and providing for direct voice communication between the security patrol officer, a central dispatch center and appropriate law enforcement agency. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES • Contractor shall provide one (1) uniformed security officer 24 hours per day, seven (7) days per week including a vehicle for the officer’s use • Contractor shall provide a fully qualified and experienced supervisor; the supervisor shall act as a liaison between the EEF representative and the Contractor’s personnel; the costs of the supervisor shall be included in the hourly prices for each task and shall not be paid for separately • Contractor shall provide all appropriate equipment, material and personnel resources to complete all work in a satisfactory manner within the specified timelines • If sub-contractors are used for any purpose, Contractor shall ensure they provide the same insurance coverage at the same levels, as specified in the contract including coverage of EEF as an additional insured • Contractor shall provide equipment which is safe and in good working condition • Specific security officer duties include but are not limited to: o Patrol the entire facility / property to provide a visible presence to discourage vandalism or unauthorized entry. o Make scheduled rounds including through the parking garage, bus parking area, and pedestrian bridge. o Notify the appropriate law enforcement agency immediately of any unlawful activity. o Interface immediately with any law enforcement agency responding to the EEF property. o Report any actions taken by the security guard regarding any ordinance and/or rule enforcement, or emergency, in writing to the designated EEF representative. o Security officer shall remain on the EEF property at all times throughout the duration of the shift. o Escort City employees to their vehicles in the parking garage, as requested. DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 241 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA # 22-44 Twin City Security o Security officers shall not smoke on EEF premises at any time. o Officers may perform duties both on foot and in a vehicle (provided by the Contractor). REPORTS: • Contractor shall complete and submit a Daily Report form to the EEF representative on a weekly basis for the prior week’s shifts. • In the event of an unusual occurrence, the Contractor shall submit an Incident Report to the EEF representative along with the Daily Report form. • Contractor may use Contractor’s forms, subject to prior approval of the EEF representative. • Any and all reports prepared during the term of this Contract shall become the property of the EEF. PERSONNEL: • Security officers assigned to perform work under this Contract shall wear uniforms at all times. These uniforms must clearly identify the name of the security Contractor and the name of the individual security guard. • This identification may be accomplished through the use of shoulder patches, silk screening or stitched company emblems, insignias or logos. • Security officers employed by the Contractor to perform work under this Contract shall be able to communicate effectively in both written and oral English • Possess a valid Colorado Driver’s License • EEF expressly retains the right to request any specific Contract personnel be precluded from providing services to EEF under this Contract. EEF is not required to provide any reason for requested removal of specified Contract personnel. Contractor shall effectuate removal of the requested personnel within three (3) business days. EMERGENCY NOTIFICATION: • Contractor shall be provided with an EEF & City personnel call-out list to be used by the assigned security officer to notify and/or request assistance of the City in the event of an emergency on EEF property. CONTRACTOR ORIENTATION: • EEF, through the Englewood Police Department, will provide Contractor and designated Contractor’s employees with an initial orientation prior to the start of Contactor’s operation. Contractor shall be notified, in writing, of the orientation meeting date, time and location and Contractor shall ensure that the appropriate personnel are in attendance. It shall be the responsibility of the Contractor to ensure that employees to be assigned to perform the work described in these specifications, whether or not in attendance at the initial orientation meeting, receive all information distributed at said initial orientation meeting. DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 242 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA # 22-44 Twin City Security START OF WORK SHIFT: • At the start of each work shift the Contractor’s security officer shall document the time of arrival and discuss any significant security matters with the security officer from the previous shift. CHANGE OF SHIFT: • Contractor shall ensure that continuous coverage is maintained during shift changes. Under no circumstances, will there be a total absence of security service personnel during the hours covered by this Contract. EMERGENCIES: • Security officers shall respond to all requests for emergency assistance regardless of the nature of the emergency. • Upon determination of the nature of the emergency, the security officer shall immediately notify the appropriate law enforcement agency, fire department and/or medical aid provider as required. PREMIUM TIME: • Premium time, for the purposes of this contract, is defined as the 24-hour period for each City of Englewood designated holiday, (10 total). 8 CONTRACTOR RESPONSIBILITIES • Contractor shall provide one uniformed security officer continuously 24 hours per day, seven (7) days per week including a vehicle for the officer’s use • Contractor shall provide a fully qualified and experienced supervisor; the supervisor shall act as a liaison between the EEF representative and the Contractor’s personnel; the costs of the supervisor shall be included in the hourly prices for each task and shall not be paid for separately • Contractor shall complete all work in a satisfactory manner during the specified time • Contractor shall provide all appropriate equipment, material and personnel resources to complete all work in a satisfactory manner during the specified time • If sub-contractors are used for any purpose, Contractor shall ensure they provide the same insurance coverage at the same levels, as specified in the contract including coverage of EEF as an additional insured • Contractor shall provide equipment which is safe and in good working condition 9. EEF RESPONSIBILITIES • EEF shall designate an individual to serve as the contact person for the contractor, also described as the EEF representative DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 243 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 17 PSA # 22-44 Twin City Security • The EEF representative shall enable contractor access to various sites, as needed • EEF shall provide one (1) designated parking spot within the parking garage for vehicles used to execute this Contract 10. VERIFICATION AND COMPLIANCE • The EEF representative shall observe the work to verify compliance with specifications and industry and performance standards. Work that does not meet specifications will be corrected in accordance with contract provisions. • Invoices shall be submitted monthly and shall detail the hours utilized, according to the Pricing Worksheet, at the contract rates. 11. SPECIAL TERMS, IF ANY • The term of the contract will be for three (3) months, with the option for one (1) additional month, from the date of execution of the Agreement. 12. MODE OF PAYMENT • Payment shall be issued after invoice is received and approved. 13. PAYMENT SCHEDULE • City will pay Consultant for the work in accordance with the following payment schedule. o All payments to Consultant are contingent on Consultant’s satisfying the Deliverables set forth and the City’s approval of hours detailed on invoices. • Invoices shall be submitted monthly and shall detail the hours utilized, according to the Pricing Worksheet, at the following contract rates: o Straight Time: $32.20/hour o Premium Time: $43.00/hour • Ten (10) holidays will be paid at Premium Time. These holidays are: o New Year’s Day o Martin Luther King Day o President’s Day o Memorial Day o Independence Day o Labor Day o Veteran’s Day o Thanksgiving Day o Christmas Eve o Christmas Day DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 244 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 18 PSA # 22-44 Twin City Security 14. LOCATION OF WORK FACILITIES • All work will be conducted at EEF property located in the Northeast quadrant of Highway 285 and S. Santa Fe Dr. except for managerial & administrative work which shall be conducted by Contractor at its regular office location. Services shall be provided for the following buildings/sites: o Englewood Civic Center o Parking Garage o Bridge to RTD Light Rail Station (including elevator and ramps) o Amphitheater o Fountain area/front lawn o Sidewalks/Walk Ways/Pedestrian Ramps o Paved Roadways & Parking Lots within the EEF area IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 2022, the parties have executed this Statement of Work as of this ______ day of ________________, 2022. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Twin City Security Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Dan Redd Vice President 03/28/2022 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 4/4/2022 Director of Public Works 4/4/2022 Maria D'Andrea 4/4/2022 Page 245 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 246 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 247 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 248 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 249 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 250 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 251 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 252 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 253 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 254 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 255 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 256 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 257 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 258 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 259 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 260 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 261 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 262 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 263 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 264 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 265 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 266 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 267 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 268 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 269 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 270 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 271 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 272 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 273 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 274 of 405 DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 275 of 405 Contract Approval Summary March 2022 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: John Donakowski Phone: 303.762.2532 Title: Capital Project Manager Email: jdonakowski@englewoodco.gov Vendor Contact Information Vendor Name: Twin City Security Vendor Contact: Dan Redd Vendor Address: 1660 S. Albion St., Suite 424 Vendor Phone: 303.803.4164 City: Denver Vendor Email: dan@twincitysecurity.com State: CO Zip Code: 80222 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: TBD End Date: TBD Total Term: 3 months Total Amount of Contract for term (or estimated amount if based on item pricing): $ 99,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Contact for 3 months with the option to extend for one (1) additional month. Payment terms (please describe terms or attach schedule if based on deliverables): Invoiced monthly based on work completed. Attachments: ☐Copy of original Contract if this is an Amendment ☒Copies of related Contracts/Conveyances/Documents Schedule A; EEF Map (limits of work) A short-term contract to supply all labor, materials, equipment and incidentals necessary to provide continuous unarmed security guard services, 24 hours per day, 7 days per week, for the Englewood Environmental Foundation (EEF) property. DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 276 of 405 Contract Approval Summary March 2022 Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☒Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value*: *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood DocuSign Envelope ID: AA89BAEA-84C2-40B0-9559-A87D5443C284 Page 277 of 405 Contract Approval Summary March 2022 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number:Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Melinda Goblirsch Phone: 303.762.2511 Title: Capital Project Specialist Email: mgoblirschi@englewoodco.gov Vendor Contact Information Vendor Name: Twin City Security Vendor Contact: Dan Redd Vendor Address: 1660 S. Albion St., Suite 424 Vendor Phone: 303.803.4164 City: Denver Vendor Email: dan@twincitysecurity.com State: CO Zip Code: 80222 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: May 19, 2022 End Date: October 14, 2022 Total Term: extended two (2) months for a total of five (5) Total Amount of Contract for term (or estimated amount if based on item pricing):$ 99,000 If Amended: Original Amount $ 99,000 Amendment Amount $ 20,000 Total as Amended: $ 119,000 Renewal options available:Contact for 3 months with the option to extend for one (1) additional month. Payment terms (please describe terms or attach schedule if based on deliverables): Invoiced monthly based on work completed. Attachments: ☐Copy of original Contract if this is an Amendment A short-term contract to supply all labor, materials, equipment and incidentals necessary to provide continuous unarmed security guard services, 24 hours per day, 7 days per week, for the Englewood Environmental Foundation (EEF) property. Page 278 of 405 Contract Approval Summary March 2022 Page | 2 ☒Copies of related Contracts/Conveyances/Documents Schedule A; EEF Map (limits of work) Source of Funds (Insert Excel Document Image): See original CAS, included in contract, for original amount and Source of Funds Attachment (For Capital Items Only / Expense Line-Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value*: *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 279 of 405 Tamara Niles, City Attorney • Victoria McDermott, Deputy City Attorney 1000 Englewood Pkwy • Englewood, CO 80110 • 303-762-2320 • www.englewoodco.gov August 2, 2022 VIA US MAIL, CERTIFIED MAIL, AND EMAIL< dan@vtwincitysecurity.com > Dan Redd Twin City Security 1660 S Albion St, Suite 400 Denver, CO 80222 Re: Notice of Termination Dear Mr. Redd: Please take notice that the City of Englewood has decided to terminate the short-term Professional Services Agreement (“Agreement”) between the City and Twin City Securities. This notice serves as the City’s 30-day notice of termination authorized under Section 8(b) of the Agreement. As a result, please consider October 15, 2022, 8:00 AM as the termination effective date and time. To complete the contractually-authorized termination of the contract, please remove all Twin City’s property, including supplies and personal property, from the City’s premises and return all keys by October 15, 2022, 8:00 AM. I thank you for your immediate attention to this letter, and please direct all future correspondence regarding this Agreement to me at the address below. Sincerely, Victoria McDermott Deputy City Attorney vmcdermott@englewoodco.gov cc: Melinda Goblirsch CITY ATTORNEY’S OFFICE Page 280 of 405 Approval of Additional Funding for Short Term Security Services for the Englewood Environmental Foundation Tim Dodd –Assistant City Manager Page 281 of 405 •The Englewood Environmental Foundation (EEF) / City of Englewood (COE) entered a Short-Term Contract with Twin City Security Services. •The contract was to cover the time between a contract termination with one company and procuring a one-year contract with a new security provider. •The new security company will begin service on October 15th. •Additional funds are needed to pay for the short-term agreement until the October 15th transition. History of the Contract Page 282 of 405 •The short-term contract amount was based on the anticipated length of time desired to have the short-term security contract in place. •Delays in the service transition has extended the estimated short-term contract end date two (2) months. •The transition date is October 15, 2022. •Additional funding is needed to complete payment on the short-term contract. Purpose of the Request Page 283 of 405 •The City and EEF properties require continuous security. •The presence of uniformed security guards help employees and visitors feel more secure in their office, retail and City environment. •The short-term security budget was approved based on the anticipated length of time for the service, and the billing rate for 24 hour / 7 days per week patrols. •Additional funds in the amount of $20,000 is required to complete the contract. Analysis Page 284 of 405 Financial Implications Funding Source Amount G/L Account # Capital Projects Fund (Fund 31) $721,646.70 31-1005-001 Total $721,646.70 Funding to provided by: Fund No.Fund Title Amount 85-8501-55401 R&M General $ 20,000.00 Page 285 of 405 •Continuous security service is required during the transition of services. •Staff requests that City Council approve, by motion, additional funding in the amount of $ 20,000. Summary Page 286 of 405 Questions?Page 287 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Hilarie Portell DEPARTMENT: Downtown Development Authority DATE: October 17, 2022 SUBJECT: EDDA 2023 Budget Approval by Motion DESCRIPTION: EDDA 2023 Budget Approval by Motion RECOMMENDATION: The Board of Directors and staff of the Englewood Downtown Development Authority (EDDA) recommend City Council approve, by motion, the EDDA 2023 Budget. Hilarie Portell, EDDA Executive Director, will be available to address council questions. PREVIOUS COUNCIL ACTION: • City Council Study Session on EDDA 2023 Budget, held on September 26, 2022 • MOU regarding advancement of funds for grant-funded improvements to the South Broadway paseos and crosswalk, approved by motion on November 15, 2021 • Loan Agreement between City of Englewood and Englewood Downtown Development authority, approved by ordinance on January 26, 2021. SUMMARY: The EDDA Board of Directors adopted its 2023 budget on August 24, 2022, in compliance with the Local Government Budget Law of Colorado, C.R.S. § 29-1-101, et seq. Per the DDA statute, specifically, C.R.S. § 31-25-816, the EDDA submits its proposed annual budget to the city for approval during the normal budget cycle. ANALYSIS: The EDDA Board of Directors approved the attached 2023 Operational Plan to support its budget with goals, strategies, and tactics. The plan and budget support current City of Englewood priorities and were developed with city department leadership. The operational plan is aligned with the goals and objectives of the adopted Englewood Downtown Plan. The 2023 EDDA operational plan and budget represent numerous ways the EDDA is partnering with city departments. This leverages resources and offsets costs that the city has committed to Downtown priority projects. For example: • The EDDA will continue to assist the Public Works Department with stakeholder outreach for the Old Hampden Complete Streets Project, an estimated offset of $20,000. The EDDA assisted the department with writing a DRCOG grant request for $9 million to undertake detailed planning and construction of improvements. The grant received preliminary approval in July and is pending final approval by the DRCOG Board of Commissioners on September 25. In the unlikely event that the full grant amount is not awarded, the EDDA has budgeted for a possible loan to finance project enhancements. Page 288 of 405 • In response to concerns about ground floor vacancies, lack of foot traffic and safety in the CityCenter core area, the EDDA proposed and organized an interim program to improve the situation until redevelopment activities are underway. The vacant space activation program will involve three organizations focused on local history, small business development and the arts. The EDDA has budgeted for $50,000 to fund and promote this program. In addition, the EDDA is participating in coordinated security and homeless outreach initiatives in the area. • The EDDA is co-funding a micro-transit enhancements study with the Community Development Department for $20,000 each. The goal is to improve service, accessibility, and ridership of the Englewood Trolley. The EDDA is also budgeting $50,000 for detailed planning of the Little Dry Creek greenway project, following a Community Development Department conceptual planning project this fall. • The EDDA has budgeted $50,000 to plan for a permanent “Lights on Broadway” installation and holiday light enhancements on South Broadway. These funds supplement $30,000 allocated for this use in the CIP budget. The budget also includes $50,000 for a gateway sign to downtown at Hwy 285 and South Broadway. This leverages Parks Department budgets for South Broadway holiday lights and the Little Dry Creek Park redesign. • The EDDA will supplement maintenance provided by the city on South Broadway, the paseos, Lincoln Street parking lot, Old Hampden and the Little Dry Creek Plaza. This enhances safety and a sense of welcome on Downtown’s main streets and key entry points for $10,500. COUNCIL ACTION REQUESTED: The Board of Directors and staff of the Englewood Downtown Development Authority (EDDA) recommend City Council approve, by motion, the EDDA 2023 Budget. FINANCIAL IMPLICATIONS: The work of the EDDA as represented in the proposed budget will help offset costs that would otherwise be borne by the General Fund through grants and service delivery that offsets or replaces work that would otherwise be performed by the City of Englewood. CONNECTION TO STRATEGIC PLAN: Community Wellbeing Goals: • Build and install all primary secondary gateway elements as identified in the Wayfinding and Placemaking Masterplan • Support initiatives and programs to encourage public arts and culture Transportation and Infrastructure Goals: • Ensure access and increased opportunities for multi-modal transportation • Ensure the safety of all while traveling in Englewood Local Economy Goals: • Develop, implement, and maintain programs designed to retain businesses in Englewood • Support the vibrancy of commercial districts throughout the City • Redevelop and densify CityCenter ATTACHMENTS: EDDA 2023 Budget Page 289 of 405 Englewood Downtown Development Authority Proposed 2023 Budget Revenue 2022 Budget 2023 Budget Notes Starting balance 13,000 168,550 2022 rollover Tax increment--property 380,000 700,000 2023 Arapahoe Co, subject to Dec. 10 final tax increment report Tax increment--sales 220,000 250,000 estimated 2% increase over base City Grant Funds Advance 149,325 0 approved by City Council for reimbursement by CDOT Main Streets grant (paseo project) City Loan 150,000 0 start-up funds Government Grants Possible government or foundation grant funding TOTAL REVENUE 912,325 1,118,550 EXPENSES MANAGEMENT Executive Director 108,000 108,000 30 hours/wk, $75/hour, 48 wks. No taxes, insurance, benefits, office or equipment. Administrative Assistant 28,800 28,800 20 hours/wk, $30/hour, 48 wks. No taxes, insurance, benefits, office or equipment. Legal Services 57,000 45,000 Hoffmann, Parker, Wilson & Carberry, P.C. $2,500/mo general counsel, 15K master developer agreement review Financial services 45,000 45,000 Financial model, advising, TIF bonding gap anaysis, quarterly assessment analysis Subtotal 238,800 226,800 DEBT SERVICE City Loan 150,000 150,000 pay off city loan Old Hampden Improvements 0 36,150 Gap financing. First interest payment paid on 12/15/2023. Assumes a 20-year, $2.4 M loan at 6% interest. Starting 2024,annual payment approx $200K Subtotal 150,000 186,150 PROGRAMS Marketing Collateral 5,000 5,000 quarterly print newsletter-copywriting, graphic design. Quarterly magazine copywriting. Printing/mailing 10,200 10,200 quarterly newsletter, 1,900 pieces Digital marketing 15,000 25,000 quarterly website updates, 6 e-newsletters, subscription, advertising, website accessibility updates, ($2,500) social media assistance ($10K) Small projects 7,500 5,000 Event grants 20,000 20,000 Signage 0 50,000 285/Broadway gateway sign at LDC park Subtotal 57,700 115,200 Supplementary Maintenance Main street cleanups 2,000 2,000 Spring and fall supplementary maintenance, S Broadway and Old Hampden Paseos 1,500 3,000 Spring and Fall supplementary maintenance Little Dry Creek Plaza 4,000 4,000 Spring, summer, fall supplementary maintenance of plaza Lincoln parking lot 500 500 summer spot cleanup Misc maintenance, repairs 0 1,000 as needed Subtotal 8,000 10,500 PROJECTS Mobility & Transportation Paseo Improvement project 149,325 0 Micro transit improvements study 0 20,000 matching contribution w Community Development Parking study 30,000 0 Little Dry Creek greenway path 30,000 50,000 detailed planning Old Hampden Improvements 5,000 0 see gap funding detail above for a $2.4M loan CityCenter corridor study 0 2,000 community engagement, communications Public Space Enhancements/Placemaking Lights on Broadway 5,000 50,000 In coordination with Public Works, ($30k allocated in CIP budget). Holiday lights $15K Wellness District park 0 15,000 conceptual design. Possible partnership with Swedish Hospital Flowers on Broadway 5,000 0 Economy, Jobs & Homes Design services/site analysis 10,000 30,000 for possible projects City Center vacant space activation 0 50,000 Subtotal 234,325 217,000 OPERATIONS Supplies, misc expenses 3,000 5,000 County administrative fee 5,700 10,500 property tax collection (1.5%) City IT fees 3,150 3,150 EDDA email licenses (9) Insurance 3,100 3,100 Colorado SDA membership ($600), general/board liability insurance ($2,500) Subtotal 14,950 21,750 Contingency 40,000 50,000 TOTAL EXPENDITURES 743,775 827,400 Excess Revenues Over Expenses 168,550 291,150 Fund Balance - Assigned 168,550 459,700 Board designated fund balance for administration per EDDA Tax Increment Investment Policy. Page 290 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: October 17, 2022 SUBJECT: Award of Professional Services Agreement with Jacobs Engineering Group, Inc for City Ditch Piping Project Phase I DESCRIPTION: Utilities staff is seeking City Council approval of a Professional Services Agreement (PSA) with Jacobs Engineering Group, Inc (Jacobs) to support Phase I project development activities for the City Ditch Piping Project. RECOMMENDATION: Utilities staff recommends City Council approve a PSA with Jacobs to support Phase I project development activities for the City Ditch Piping Project in the amount of $441,257, including approval to execute any change order(s) to expend a 20% staff-managed contingency in the amount of $88,252, for a total project authorization of $529,509. The Water and Sewer Board recommended Council approve the PSA with Jacobs during its October 11, 2022 meeting. PREVIOUS COUNCIL ACTION: • December 6, 2021, at City Council Study Session, Utilities staff presented upcoming project development activities for piping the remaining open channel reaches of City Ditch between Chatfield Reservoir and the Allen Water Treatment Plant (WTP). • December 17, 2012, City Council approved entering into an intergovernmental agreement (IGA) with the City of Littleton that set forth the terms and conditions for development of a pedestrian trail adjacent to City Ditch. The IGA memorialized the mutual agreement that the primary and controlling use of City Ditch is for Englewood’s water supply and documents Englewood’s intentions to pipe open channel reaches of City Ditch within Littleton city limits. SUMMARY: The City of Englewood (City) Utilities Department provides water service to approximately 11,000 Englewood customer accounts. City Ditch is one of the City’s most critical assets, as it conveys raw water from Chatfield Reservoir to Englewood for treatment and delivers water to contract users along the ditch. The reach of City Ditch with water flowing throughout the year spans from Chatfield Reservoir to Harvard Gulch Park. Piping open channel sections of City Ditch and potentially replacing sections of existing pipe between Chatfield Reservoir and the Allen Water Treatment Plant (WTP) provides many advantages to the City, including an overall improvement of water quality by increasing capacity of the system and allowing for year-round operations of City Ditch. It also improves system Page 291 of 405 resiliency, improves safety, and reduces energy and annual operating costs for raw water delivery. Englewood’s intention to pipe City Ditch was initiated over a decade ago and formalized in a 2012 Intergovernmental Agency Agreement (IGA) between Littleton and Englewood. Additional background and justification of plans to pipe the remaining open sections of City Ditch between Chatfield Reservoir and the Allen WTP were presented to the Water and Sewer Board on December 6, 2021. Phase I of the City Ditch Piping Project will include the following activities associated with concept development, due diligence, and preliminary design: 1. Data acquisition and reconnaissance 2. Condition assessment 3. Hydraulic and capacity analysis 4. Public outreach 5. Environmental compliance and permitting plan 6. Easement assessment and acquisition plan 7. Alternatives analysis and preferred alternative selection 8. Preliminary design 9. Implementation schedule and cost estimate ANALYSIS: Consultant services are required due to the specialized expertise and resources necessary to complete Phase 1 of the City Ditch Piping Project. Utilities staff advertised a Request for Proposals (RFP) on the Rocky Mountain E-Purchasing System (BidNet) in July 2022. Six (6) proposals were received as outlined in Table 1. Table 1: Summary of Proposing Firms, Base Price, and Supplemental Service Fees Consultant Name Base Price Proposed Supplemental Services Hazen and Sawyer $255,381 - Landmark Engineering $352,136 - Jacobs $421,257 - Carollo $597,316 $216,552 HDR $646,589 $230,000 AECOM $878,198 - Six (6) staff members from Utilities Engineering and Operations evaluated and ranked the proposals based on the firms’ project understanding and management approach, project team experience and technical capability, price proposal, and overall proposal quality and responsiveness. Three (3) firms were shortlisted and interviewed: Carollo, HDR, and Jacobs. The selection committee requested Carollo and HDR review and/or revise their price proposals, as their base prices were significantly higher than Jacobs. Carollo revised their scope and base price from $703,463 to $597,316. HDR did not revise their scope and fee. The revised price proposals are reflected in Table 1. Utilities conducted a second interview for Jacobs. Following the interviews, the selection committee ranked Jacobs the highest among the shortlisted firms due to the value of the bid, project understanding, technical expertise in performing similar work, previous experience with the project team, and approach to complete the project. Page 292 of 405 Utilities staff requested several items during contract negotiations, which are identified as Owner Directed Supplemental Services within the contract. Supplemental services include additional services to be provided by Consultant in the amount up to $20,000, subject to the City’s authorization, and may include tasks associated with project partnering, title search, or similar services. The requested contract amount was revised to $441,257 to reflect these Owner Directed Supplemental Services. Based on the awarded firm’s performance on Phase I of the project, Utilities staff may recommend the firm be utilized for future phases of the project. COUNCIL ACTION REQUESTED: Motion to approve a Professional Services Agreement with Jacobs Engineering Group for the City Ditch Piping Project in the amount of $441,257, including approval to execute any change order(s) to expend a 20% staff-managed contingency in the amount of $88,252, for a total project authorization of $529,509. FINANCIAL IMPLICATIONS: Funding for this PSA is included in the Utilities 2022 and proposed 2023 budget. Source of Funds Line Item Description 2022 Line Item Budget 2022 YTD Line Item Expensed 2023 Proposed Budget Purchase Amount 40–1609– 61701 Water Fund, Engineering, Capital Projects $8,291,000 $425,057 N/A $100,000 40–1609– 61261 Water Fund, Engineering, Raw Water Supply System N/A N/A $3,000,000 $341,257 PROCUREMENT INFORMATION Account Number: 40–1609–61701 Project Number: 40 30001: Util. City Ditch Piping Task Number: 001: Util. CDP Pre-Eng. CONNECTION TO STRATEGIC PLAN: Sustainability: • Infrastructure designed and maintained in an economic, equitable, and ecological manner Infrastructure: • Proactively and in a cost-effective manner invests, maintains, improves and plans to protect water infrastructure ATTACHMENTS: Contract Approval Summary PSA-22-115 City Ditch Piping Project / Schedule A / Jacobs Proposal PowerPoint Presentation Page 293 of 405 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Stephanie Ellis Phone: 303-783-6811 Title: Engineer II Email: SEllis@englewoodco.gov Staff Contact Person: Sarah Stone Phone: 303-783-6852 Title: Interim Deputy Director – Engineering Email: SStone@englewoodco.gov Vendor Contact Information Vendor Name: Jacobs Engineering Group Inc. Vendor Contact: Liv Haugen, Project Manager Vendor Address: 6312 S. Fiddlers Green Circle, Suite 300N Vendor Phone: 720-470-8311 City: Greenwood Village Vendor Email: Liv.Haugen@jacobs.com State: CO Zip Code: 80111 Vendor Name: Jacobs Engineering Group Inc. Vendor Contact: Stephanie Harrison, Principal-in-Charge Vendor Address: 6312 S. Fiddlers Green Circle, Suite 300N Vendor Phone: 719-337-4020 City: Greenwood Village Vendor Email: Stephanie.Harrison@jacobs.com State: CO Zip Code: 80111 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: The City Ditch Raw Water Delivery System (RWDS) is one of the City’s most critical assets. The ditch conveys raw water from Chatfield Reservoir to Englewood for treatment and contract users. The City Ditch Piping Project is critical to meeting the City’s goals of improved water quality, sustainability, resiliency and redundancy, and safety and reduced annual capital investment. The goal of the Project is to perform project planning and preliminary engineering to define the project to a point where the project can proceed into permitting and detailed design. Jacobs (Consultant) will provide consulting engineering services to support the City of Englewood (City) with the City Ditch Piping Project Phase I. Consultant will provide project management, data review, hydraulic analysis, public outreach, environmental and permitting support, easement planning, alternative analysis, and preliminary design for the Phase I activities. Per RFP 22- 030. Page 294 of 405 Contract Approval Summary March 2019 Update Page | 2 Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: October 2022 End Date: October 2023 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $441,257 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Check or Electronic Transfer. City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying Deliverables / Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the instruments of service have been satisfied. This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Task Cost Target Completion Date 1 – Project Management $34,656 June 30, 2023 2 – Data Reconnaissance and Acquisition $35,322 December 16, 2022 3- Condition Assessment $69,016 January 30, 2023 4- Hydraulic and Capacity Analysis $56,296 February 15, 2023 5- Public Outreach $62,613 June 30, 2023 6- Environmental and Permitting $20,440 March 15, 2023 7- Easement and Land Acquisition $25,508 April 7, 2023 8- Alternatives Analysis $54,058 June 30, 2023 9- Preliminary Design $48,240 June 30, 2023 10 - Implementation Schedule and Cost Estimate $15,108 June 30, 2023 Page 295 of 405 Contract Approval Summary March 2019 Update Page | 3 11 – Supplemental Services $20,000 June 30, 2023 City shall pay Consultant for the work based on the project invoice, as provided by the Consultant. Invoices shall be submitted electronically to UtilitiesAP@englewoodco.gov Consultant shall copy Project Manager on all invoice submittals. Monthly invoice periods and payments anticipated. Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☒Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☒RFP: ☒ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee Consultant services are required due to the specialized expertise and resources necessary to complete Phase 1 of the City Ditch Piping Project. Utilities staff advertised a Request for Proposals (RFP) on the Rocky Mountain E-Purchasing System (BidNet) in July 2022. Six (6) proposals were received as outlined in Table 1. Table 1: Summary of Proposing Firms, Base Price, and Supplemental Service Fees Consultant Name Base Price Proposed Supplemental Services Hazen and Sawyer $255,381 - Page 296 of 405 Contract Approval Summary March 2019 Update Page | 4 Landmark Engineering $352,136 - Jacobs $421,257 - Carollo $597,316 $216,552 HDR $646,589 $230,000 AECOM $878,198 - Six (6) staff members from Utilities Engineering and Operations evaluated and ranked the proposals based on the firms’ project understanding and management approach, project team experience and technical capability, price proposal, and overall proposal quality and responsiveness. Three (3) firms were shortlisted and interviewed: Carollo, HDR, and Jacobs. The selection committee requested Carollo and HDR review and/or revise their price proposals, as their base prices were significantly higher than Jacobs. Carollo revised their scope and base price from $703,463 to $597,316. HDR did not revise their scope and fee. The revised price proposals are reflected in Table 1. Utilities conducted a second interview for Jacobs. Following the interviews, the selection committee ranked Jacobs the highest among the shortlisted firms due to the value of the bid, project understanding, technical expertise in performing similar work, previous experience with the project team, and approach to complete the project. Utilities staff requested several items during contract negotiations, which are identified as Owner Directed Supplemental Services within the contract. Supplemental services include additional services to be provided by Consultant in the amount up to $20,000, subject to the City’s authorization, and may include tasks associated with project partnering, title search, or similar services. The requested contract amount was revised to $441,257 to reflect these Owner Directed Supplemental Services. Based on the awarded firm’s performance on Phase I of the project, Utilities staff may recommend the firm be utilized for future phases of the project. Page 297 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 22-115 PROFESSIONAL SERVICES AGREEMENT Contract Number PSA-22-115 CITY DITCH PIPING PROJECT – PHASE I $441,257.00 (Not to Exceed) This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Jacobs Engineering Group Inc., a Delaware 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. (c) "Contract" shall mean this instrument, Attachment A the Outline of the Statement of Work, Attachment B Consultant's Proposal, Attachment C Certificate of Insurance, and any instruments, drawings and documents which are attached or incorporated by reference. The Consultant, by executing this Contract, agrees to comply with all such terms and conditions and attachments. In addition, any exhibits provided by the Page 298 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 22-115 Consultant, shall be incorporated and made a part of this Contract. 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 Attachment 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 degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed Consultant will reperform any services not meeting this standard without additional compensation. (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. City shall not hold Consultant responsible for damages or performance delays caused by circumstances beyond its control, and which could not reasonably have been anticipated or prevented. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in the 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 the 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 Page 299 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 22-115 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 and upon reasonable notice 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. Accounting records will be available to City during Consultant's normal business hours for a period of one (1) year after Consultant’s final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. City may only audit accounting records applicable to a cost- reimbursable type compensation. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, if the parties desire to extend this Agreement beyond the one-year period, written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period. If the parties agree to the request for renewal, the parties shall then enter into a renewal extending this Agreement including a new Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies. The parties also understand and acknowledge that the extension of this contract beyond the initial one-year period is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as 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) Page 300 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 22-115 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 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 24-72-201 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 Page 301 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 22-115 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, 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 may 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 relating to the use and protection of Confidential Information shall survive three (3) years after 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 Page 302 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 22-115 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, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant, 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) related to third party bodily injury including death, or damage to tangible property to the extent arising from or related to any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement. (b) Except for claims that flow from City which are not capped by this Agreement the total aggregate liability of Consultant to City arising out of the performance or breach of this Agreement shall not exceed the amount paid to Consultant under this Agreement. Notwithstanding any other provision of this Agreement, Consultant and City agree that in no event will either party be liable to the other under this Agreement for contingent, consequential or other indirect damages including, without limitation, damages for loss of use, revenue or profit; operating costs and facility downtime; or other similar business interruption losses, however the same may be caused. The limitations and exclusions of liability set forth in this Agreement shall apply regardless of the fault, breach of contract, tort (including the concurrent or sole and exclusive Page 303 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 22-115 negligence), strict liability or otherwise. (c) 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: (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. (d) Indemnification Procedures. Notwithstanding 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. (e) 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 three million dollars ($3,000,000) per occurrence and in the aggregate. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount of one million dollars ($1,000,000) per claim and in the aggregate. (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 of one million dollars ($1,000,000) per occurrence. Page 304 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 22-115 (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance for Commercial General Liability and Automobile Liability 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, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 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. (a) Attorney Fees. 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 the 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 Page 305 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 22-115 by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 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 Page 306 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 22-115 Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not 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, trademark, 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, 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 Workers without Authorization: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with a Worker without Authorization 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 a Worker without Authorization 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 Page 307 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # 22-115 contracts with a Worker without Authorization, 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 a Worker without Authorization; 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 Worker without Authorization; 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 Worker without Authorization. (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. 35. Colorado Labor (C.R.S. § 8-17-101): For public works contracts under C.R.S. 8-17- 101, at least eighty percent (80%) of each type or class of labor employed by the Consultant and any Subcontractors to perform work under this Contract shall be persons who, at time of employment, are residents of the State of Colorado, without discrimination as to race, color, creed, gender or sex, age, religion, national origin, veteran’s status or religion, except when minimum age is a bona fide occupational qualification. The Project Engineer, or Project Manager, if requested in writing by the Consultant and approved by the Project Engineer, or Project Manager, in writing, may waive this requirement in accordance with C.R.S. § 8-17-101. Page 308 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA # 22-115 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) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk JACBOS ENGINEERING GROUP INC. (Consultant Name) 6312 S Fiddlers Green Circle, Suite 300 N Address Greenwood village, CO 80111 City, State, Zip Code By: (Signature) Stephanie Harrison (Print Name) Title: Vice President Date: ______________________________ 9/30/2022 Page 309 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA # 22-115 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL This Schedule A is attached to and made part of the Professional Services Agreement (PSA) between the City of Englewood (City) and Jacobs Engineering Group Inc. (Consultant) for City Ditch Piping Phase I. Amount not to exceed $441,257.00 for the one-year contract term. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Liv Haugen, Project Manager Jacobs 6312 S. Fiddlers Green Circle Suite 300N Greenwood Village, CO 80111 720-470-8311 Liv.Haugen@jacobs.com Stephanie Harrison, Principal-in-Charge Jacobs 6312 S. Fiddlers Green Circle Suite 300N Greenwood Village, CO 80111 719-337-4020 Stephanie.Harrison@jacobs.com Stephanie Ellis, Engineer II Englewood Project Manager 303-783-6811 sellis@englewoodco.gov Sarah Stone, Interim Deputy Director – Engineering 303-783-6852 SStone@englewoodco.gov Page 310 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA # 22-115 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The City Ditch Raw Water Delivery System (RWDS) is one of the City’s most critical assets. The ditch conveys raw water from Chatfield Reservoir to Englewood for treatment and contract users. The City Ditch Piping Project is critical to meeting the City’s goals of improved water quality, sustainability, resiliency and redundancy, and safety and reduced annual capital investment. The goal of the Project is to perform project planning and preliminary engineering to define the project to a point where the project can proceed into permitting and detailed design. Jacobs (Consultant) will provide consulting engineering services to support the City of Englewood (City) with the City Ditch Piping Project Phase I. Consultant will provide project management, data review, hydraulic analysis, public outreach, environmental and permitting support, easement planning, alternative analysis, and preliminary design for the Phase I activities. Per RFP 22-030. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City will provide existing records and documentation concerning the as-built conditions, operations, and ownership rights for the City Ditch. This may include construction and record drawings for original or subsequent projects, specifications, inspection reports, repair history, mapping, documentation of dedicated easements, prescriptive easements, or other land occupancy rights, historic and planned ditch flow rates, flow measurement devices, contract users, gates, and commitments, known stormwater connections, historical flow rights and conveyance, and planned future flow requirements. The City will provide access to City owned facilities and coordinate access to the City Ditch for field survey and inspection activities as needed to complete the scope of work. 5. OTHER CONSULTANT RESOURCES Sigler Communications and QP Services, LLC 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES To meet the project objectives described above, the Consultant will complete the following tasks for the City Ditch Piping Project Phase 1. Task 1 - Project Management 1.1 Kick-off Meeting Upon receipt of a written Notice to Proceed from the City, Consultant will conduct a kick-off meeting with the City. At the kick-off meeting, Consultant will review the scope and approach to complete the work, the project schedule, project goals and expectations, identify major milestones and workshops, and deliverables. Agenda shall be provided at least one business day ahead of the meeting. Draft meeting minutes shall be prepared and distributed to the Project Manager for review within three (3) business days of the meeting. Deliverables: Kickoff meeting agenda and presentation; Kickoff meeting summary. 1.2 Project Management Plan Consultant will prepare a concise project management plan which includes roles and responsibilities of the design team, project delivery standards, key deliverables, and a project schedule. The project Page 311 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA # 22-115 schedule will include each task with subtasks, milestones, critical path designation, and a schedule for key progress meetings and workshops. Deliverables: Project management plan. 1.3 Project Meetings and Updates Consultant will schedule and facilitate weekly 30-minute progress meeting calls with Project Manager throughout the duration of the project. Consultant is responsible for organizing these meetings including preparing and distributing agenda ahead of the meeting, compiling meeting minutes, and distributing minutes and action items to Project Manager within three (3) business days of meeting completion. Deliverables: Email documenting action items and any key decisions added to decision log. 1.4 Workshops Consultant will schedule, organize and facilitate project workshop(s) to focus and collaborate on key project decisions and aspects. Consultant will prepare and distribute meeting agenda at least 24 hours ahead of the workshop, prepare presentations and/or handouts for the meeting, and compiling and distributing meeting minutes within three (3) business days of the workshop to the Project Manager. Deliverables that will be reviewed and discussed at any workshop should be provided at least five (5) business days ahead of the workshop to allow adequate time for City staff to review. Consultant has identified a total of seven workshops: 1) Kickoff meeting; 2) Presentation of hydraulic limitations; 3) Hydraulic model results and findings; 4) Public outreach plan development workshop; 5) City staff alternative review workshop; 6) Results of alternative analysis and preferred alignment selection; and 7) Proposed alignment and preliminary design presentation. Workshops are intended to incorporate broader stakeholder engagement for input and feedback at major decision points and major deliverable review. Consultant will participate in up to four (4) partnering sessions as directed by the City. Deliverables: Workshop meeting agendas and presentations; Workshop summaries. 1.5 Monthly Invoice Submittals Consultant shall submit monthly invoices detailing costs incurred in conjunction with the project. Each invoice shall cover a period of one calendar month (or a four-week time period) and shall be submitted to the City within six (6) weeks after the end of each billing cycle. The following required information will be included: 1) Project title; 2) Invoice date; 3) Project PO number; 4) Invoice number and billing period; 5) Summary of work performed during invoice period, broken down and detailed by task; 6) Consultant’s staff hours utilized to date and total staff hours allocated, for each task; 7) Consultant’s direct labor, indirect costs, sub-consultant costs, and other direct cost; 8) Costs for each task, with current balances; Page 312 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA # 22-115 9) Scope of work percent complete by task and for total project as estimated by Consultant independent of expenditure percent complete; 10) Remaining funds by task and for total project shall be clearly presented; 11) Expected work to be conducted during the ensuing month 12) Earned value S-curve Deliverables: Invoices and monthly progress reports. 1.6 Project Risk Register Consultant shall update a project risk register at least once per month. Risk register will be discussed in one progress meeting call each month. 1.7 Selection of Construction Manager/General Contractor (CMGC) Consultant shall assist with proposal review and selection of the project CMGC. Task 2: Data Reconnaissance and Acquisition 2.1 Data Review Consultant will review and compile relevant information providing by the City. This information is expected to include: 1) Project areas and maps and all available design or as-built drawings from original construction and subsequent improvement projects. 2) Available easement information and legal descriptions. 3) Available historical flow, flume, turnout, users contract, stormwater inlets and other relevant flow and operational information. Consultant will review other available property ownership information including review of Arapahoe County (ArapaMap) data. Deliverables: Data acquisition request to City, memorandum summarizing relevant information obtained and reviewed. Assumptions: Data is provided by City in electronic format. 2.2 Survey Consultant will provide field survey to obtain existing pipe and ditch invert elevations critical to evaluating the hydraulic design or the conversion from open channel to a piped system. The field survey will include a two (2) day site walk of the City Ditch to obtain surveyed horizontal and vertical of existing appurtenances and transitions along the City Ditch between the Chatfield headgate and the Allen Water Treatment Plant (AWTP). Consultant will also obtain information to inform constructability, identify pipe diameter and material for existing piped sections, field validate GIS and asset information, and collect other missing information necessary to complete the work during this site visit. Consultant will utilize a combination of DRCOG Aerial LiDAR data collected from 2020, GNSS RTK observations and total station observations to create a topographic map of the Area of Interest (AOI). Survey Control will be established using found NGS monuments and horizontal coordinates will be Colorado State Plane, Central Zone modified to ground. Information specific to control point location, coordinate values and elevation will be depicted within the digital CAD file and on a survey control diagram to be signed and sealed by a Colorado Licensed Professional Land Surveyor. Page 313 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 17 PSA # 22-115 Deliverables: Field site visit and survey plan, AutoCAD Civil 3D V2020 (.DWG) file depicting site topography and survey control, Digital Terrain Model (DTM), Survey control diagram (PDF) signed and sealed by a licensed Colorado Professional Land Surveyor, Aerial Image of the AOI. Assumptions: For budgeting purposes assume 2 days of field survey to obtain existing horizontal and vertical information necessary to document appurtenance locations and define hydraulic conditions. Right of Entry will not be required, the City will provide reasonable access to the AOI to obtain all field measurements, inspections, and survey. The City of Englewood will provide any necessary permits for surveying activities. Traffic Control will not be required as part of this scope of work. This scope of work is not intended to satisfy Colorado SB-18-167 and American Society of Civil Engineers (ASCE) 38 Standards. Further, subsurface utilities will not be exposed, designated, or surveyed. Utility test holes (potholes) are not a part of this scope of work. Consultant is not responsible for disturbed survey control monuments after they have been set. Topographic features collected by conventional surveying methods will be limited to the features identified in the two-day field walk-through. Task 3 – Condition Assessment 3.1 Field CCTV Inspection Consultant will perform visual inspection utilizing Closed Caption TeleVision (CCTV) of the existing piped sections between the Chatfield Headgate and the AWTP lines and document the condition with standardized coding, identify pipe materials, joint conditions, diameter/size, and challenges for completing a rehabilitation project where needed. Deliverables: Field inspection plan, CCTV footage provided in a video format, Documentation of defects in spreadsheet format. Assumptions: For budgeting purposes a total of twenty (20) days of CCTV inspection is assumed to inspect the approximately 4.5 miles of piped sections and includes the CCTV vehicle, equipment and qualified technicians. Access to the piped sections for inspection is compatible with standard CCTV inspection equipment and cable lengths. Right of Entry will not be required, the City will provide reasonable access to the AOI to obtain all inspection information. The CCTV inspection does not include the following: dewatering, excavation of surface restoration, permits, traffic and/or pedestrian control, installation and maintenance of erosion control items, winter conditions, or debris or water removal and disposal. 3.2 Condition Assessment Report Consultant will prepare a written condition assessment report documenting the findings of the work completed. The final assessment report will include summaries of inspection data, detailed assessment of pipeline defects including photographs of the pipe and joint conditions, graphical mapping of the system identifying defect type, location and position within pipe, and repair recommendations based these findings. The Consultant will provide a draft assessment report for review prior to submitting the final report. Deliverables: Condition assessment report draft and final. Task 4 – Hydraulic and Capacity Analysis 4.1 Hydraulic Analysis Consultant will perform a hydraulic analysis to identify pipe size, pressure class, and flow state under various demand conditions (current and future maximum and minimum), and any pipeline appurtenances necessary to operate in a pressurized flow condition. The hydraulic analysis will also confirm adequacy of Page 314 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 18 PSA # 22-115 existing pipe between Chatfield Reservoir and the AWTP to safely convey higher flows. The work includes identifying pipe areas that may experience surcharged conditions and providing professional engineering opinion of the capability of the pipe to operate safely in those conditions. If pressures may potentially exceed design capacity, the Consultant will provide an estimate of the maximum flow that the existing system can operate under. If the outcome of the hydraulic analysis indicates that certain pipe sections are undersized or will be surcharged, Consultant will identify the area(s) and recommend new pipe size, material, and appurtenances to operate in a pressurized state. Consultant will perform an existing capacity analysis for open channel reaches between Chatfield Reservoir and the AWTP. 4.2 Hydraulic and Capacity Analysis Workshop and Report Consultant will present the results of the hydraulic evaluation in coordination with the condition assessment information. Consultant will present the results of the hydraulic evaluation and discuss the operational considerations and expectations for existing system modifications to meet the planned operational scenarios. Consultant will prepare a written hydraulic and capacity evaluation report documenting the findings of the work completed. The report will include associated calculations, tables, and analysis summarizing findings of this task. The Consultant will provide a draft assessment report for review prior to submitting the final report. Workshops: Hydraulic Limitations Workshop where City staff will discuss known hydraulic limitations with Consultant and Hydraulic and Capacity Analysis Results Workshop where results of the hydraulic analysis are shared with City staff Deliverables: Hydraulic and Capacity Analysis Technical Memorandum draft and final Task 5 – Public Outreach This task includes the identification and engagement with the public with a known or potential interest in the project. Open channels of the City Ditch RWDS include areas adjacent to pedestrian trails and private homes. Historic preservation groups from both Englewood and Littleton have reached out to the City and expressed their interest in contributing feedback on piping plans. 5.1 Stakeholder Meetings Consultant will coordinate with the City to obtain stakeholder and public engagement background information to gather information about stakeholders and potential issues. Consultant will coordinate with the City’s public communication officials to complete a total of four (4) stakeholder engagement meetings. Consultant will prepare agendas, format speaking points for two (2) initial meetings and two (2) subsequent meetings. Consultant will prepare and design posters for the initial meetings and subsequent meetings. Consultant will write and design a general fact sheet for the initial meetings and update it for the second set of meetings. Consultant will prepare a media holding statement and conduct training for team to staff the meeting. Assumptions: A total of four (4) public stakeholder outreach meetings is assumed, these include a total of two (2) initial meetings and two (2) subsequent meetings. A total of twelve (12) posters to include maps, diagrams and key messages will be prepared to support the meetings. Deliverables: Meeting materials – agendas, posters, facts sheet, media holding statement. 5.2 Public Outreach Plan Page 315 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 19 PSA # 22-115 Consultant will prepare for the initial two (2) meetings with stakeholders to review the optimized alternative for piping the ditch. The feedback obtained from these initial meetings will be documented, and the requested modifications to the optimized alternative will be recorded. Consultant will review the requested modifications and address how the modifications would alter the project layout and cost. Consultant will then facilitate two (2) subsequent stakeholder meetings to present the “stakeholder preferred alternative” and document the attendance and feedback. Consultant will prepare a Stakeholder Outreach Plan Technical Memorandum to document the anticipated stakeholders that will participate in the meetings, inform the approach for interviewing strategic stakeholders, research communication channels for stakeholder engagement, document the strategy for the stakeholder engagement meetings, and document the planned materials for the meeting. Consultant will present the plan and draft communication materials in a workshop with the City to obtain feedback and coordinate the public outreach approach. Assumptions: A total of ten (10) public stakeholder interviews to inform the public outreach plan are assumed. Workshops: Public Outreach Planning Workshop Deliverables: Public Outreach Plan draft and final 5.3 Public Outreach Technical Memorandum Consultant will document the attendees and results of each stakeholder meeting and will compile that information in a technical memorandum summarizing the overall public outreach approach and results. The technical memorandum will also include the outcome of the overall public outreach task including the findings of the work, presentations, feedback forms from community outreach meetings, and recommendations for the Phase II communication plan. Deliverables: Public Outreach Technical Memorandum draft and final Task 6 – Environmental Compliance and Permitting Plan 6.1 Develop Permitting and Regulatory Matrix Consultant will identify environmental compliance activities and permits that will be required for the work and provide a timeline and associated work activities to obtain permits. The anticipated relevant jurisdiction and permitting agencies may include: City of Littleton, City of Englewood, Arapahoe County, US Army Corps of Engineers, CO Parks and Wildlife, Federal emergency Management Agency, US Fish and Wildlife Service, CO Department of Public Health and Environment, Mile High Flood District, and Environmental Protection Agency. Consultant will research known environmentally sensitive areas such as Threatened and Endangered species habitat and wetlands to quantify the schedule implications and costs. Many of the environmental concerns often require special considerations in construction schedules (such as avoiding nesting seasons) or mitigation (such as seasonal constraints or trenchless crossing of wetlands and waterways). Deliverables: Permitting and Regulatory Matrix. 6.2 Permitting and Regulatory Acquisition Plan Consultant will develop a list of the anticipated permit requirements, permit risks, and potential mitigation strategies for each of the alignment alternatives to assist with the comparison. We are experienced in Page 316 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 20 PSA # 22-115 providing full permitting support for similar Front Range projects. We will use this experience to identify the schedule requirements for project permits. Deliverables: Technical Memorandum documenting permit acquisition plan and schedule and summarizing findings of the task draft and final. Task 7 – Easement Assessment and Acquisition Plan 7.1 Preparation of Existing Easement Map and Description of Existing Legal and Prescriptive rights Consultant will utilize existing City and or County GIS data, we will produce a property base map depicting GIS quality property lines within the AOI. The property base map will be supplemented with descriptions supplied by the City. Where descriptions are not readily available, Consultant will show a 25’ wide “prescriptive” easement centered on the ditch. This approach allows the City to gain knowledge of likely areas where easements exist without the cost of having to perform large amount of title review. Consultant will consult with the City and its legal representation to define rights and lengths of prescriptive easement. Consultant will provide maps showing the areas of prescriptive and recorded easements along the entire alignment between Chatfield Reservoir and the AWTP diversion. Assumptions: This scope of work is not intended to be a boundary survey and Consultant will not write any property or easement descriptions. Title research and commitments are not to be obtained by Consultant as part of this scope of work. Title research could be completed, if necessary, at an additional cost to confirm dimensions and restrictions associated with existing easements. Deliverables: Map of existing easement and land rights, technical memorandum describing existing easement and land rights between Chatfield Reservoir Headgate and the AWTP. 7.2 Easement Assessment and Acquisition Plan Consultant will utilize the findings of Task 7 and Task 8 to identify areas where existing temporary or permanent easement are required for the selected alternative. Consultant will also identify all areas where access or temporary construction easements are required. Consultant will prepare a plan to obtain the necessary easements including a listing of the ownership and schedule. Deliverables: Technical Memorandum identifying areas where additional easement is required for the selected alternative and summarizing findings of the task, draft and final. Task 8 – Alternatives Analysis and Preferred Alternative Selection 8.1 Development of Optimized Alternative Based on findings of all previous tasks, Consultant will identify potential pipeline alignments for review that lie within the existing alignment and easement boundaries and localized alternatives that provide cost, constructability, or preservation benefits. Jacobs will then refine, investigate, and develop additional information for the alternatives, including cost (initial capital and 50-year lifecycle), constructability and schedule, permitting and compliance requirements, long-term operations and maintenance, public and stakeholder feedback, safety, land ownership and easements, existing utilities, environmental constraints, cultural resource constraints, hydraulic analysis and pipeline options, and other factors such as geotechnical considerations. Consultant will lead an alternative review workshop with the City to review the alternatives and obtain the City’s feedback. Consultant will use this guidance to develop the optimized alignment that meets the City’s operational needs. Consultant will review the alternatives and use cost Page 317 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 21 PSA # 22-115 considerations to develop the optimized alignment. This alignment will represent the base cost for project implementation. During the alignment development and evaluation process, the Consultant will coordinate with the CMGC during the review workshops to incorporate their feedback on constructability access, cost, and schedule in the alignment selection process. Workshops: Alternative review workshop Deliverables: Workshop materials and summary 8.2 Review of Stakeholder Feedback and Alignment Revisions After the stakeholder engagement meetings, Consultant will develop alternative alignments and project considerations based on the stakeholder feedback. Consideration will be given to preservation of existing City Ditch features along open channel reaches, and the capacity impacts, constructability, and cost associated with that preservation in coordination with feedback received in the outreach meetings and interviews. A cost estimate for the revised alignments that incorporate stakeholder feedback will be prepared for the City’s use in comparing project cost for the alternatives. Consultant will present alternatives for incorporation of stakeholder feedback on the optimized alignment in a workshop setting with the City. Consultant will work with the City to identify the preferred alignment that incorporates the feedback for development of a comparative cost estimate and implementation schedule. Consultant will document the preferred alternative selection process in a technical memorandum. The documentation will include the alternatives considered, the selection considerations, documentation of selection of preferred alternative, results of alternative analysis the workshop process, and stakeholder feedback incorporation. Assumptions: A total of two (2) alternatives will be evaluated for cost estimate. The optimal alignment as defined by coordination with the City and a second stakeholder preferred alignment resulting from the external stakeholder coordination. Workshops: Preferred alignment alternative selection workshop Deliverables: Workshop materials and summary, Alternative Selection Technical Memorandum draft and final. Task 9 – Preliminary Design Based on findings from all previous tasks, the Consultant will prepare a design criteria memorandum and preliminary design plans for the preferred alternative to a level of detail sufficient to support permitting, compliance, and detailed design activities. Design considerations will include: Pipe size(s), Proposed alignment, Connection to McLellan PS, Hydraulic analysis, Creek crossing method and associated risk, Geotechnical analysis, Hydraulic analysis, Operations and controls, Existing utility protections, Access for operations and maintenance, Contract user turnout structures, Flow measurement, Unconventional operations, Safety/security, Environmental mitigation, Stormwater analysis/conceptual design within City of Englewood only, Preservation of existing City Ditch features (if applicable). Design and operations shall also consider protection of downstream infrastructure in the event of an outage of McLellan pump station, unplanned maintenance, or North Reservoir reaching capacity. Preliminary Page 318 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 22 PSA # 22-115 design will also consider City Ditch capacity under various design conditions (piping only open channel with no surcharge conditions and piping open channel with surcharge is some areas that will require replacement). Submit concept drawing(s) and report as .dwg and .pdf files for review. The City will review and comment on the submitted Preliminary Design. The City may request that the Consultant provide supplemental information or modify the Preliminary Design based on internal review. Assumptions: Preliminary plan and profile drawings will be based on survey as obtained in previous tasks. Workshops: Proposed alignment and preliminary design presentation. Deliverables: Preliminary design report, 30% preliminary engineering plans, draft and final. Task 10 - Implementation Schedule and Cost Estimate Consultant will prepare an implementation schedule and cost estimate for the preferred alternative. The implementation schedule shall consider all future phases of work, including permitting and compliance, design, and construction. Implementation schedule must consider the City’s obligation to deliver water to Contract Users between April 1 and October 31 and seasonal construction requirements. Deliverables: Technical memorandum with Implementation schedule and cost estimate, draft and final. Task 11 – Owner Directed Supplemental Services Supplemental services include additional services to be provided by Consultant up to the allocated budget amount subject to the City’s authorization. Services may include project partnering, title search, or similar services. Supplemental Services shall be documented through completion of the City’s standard Design Change Notice (DCN). Should requested services exceed the budget amount, the work will proceed upon changes to Jacobs’ fee and/or schedule as mutually agreed to complete Project Management activities through final design and services during construction. 7. SPECIAL TERMS, IF ANY 8. MODE OF PAYMENT Check or Electronic Transfer. 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 instruments of service have been satisfied. 9. PAYMENT SCHEDULE City shall pay Consultant for the work based on the project invoice, as provided by the Consultant. Invoices shall be submitted electronically to UtilitiesAP@englewoodco.gov. Consultant shall copy Project Manager on all invoice submittals. Monthly invoice periods and payments anticipated. 10. SCHEDULE AND PERFORMANCE MILESTONES Page 319 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 23 PSA # 22-115 This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Task Cost Target Completion Date 1 – Project Management $34,656 June 30, 2023 2 – Data Reconnaissance and Acquisition $35,322 December 16, 2022 3- Condition Assessment $69,016 January 30, 2023 4- Hydraulic and Capacity Analysis $56,296 February 15, 2023 5- Public Outreach $62,613 June 30, 2023 6- Environmental and Permitting $20,440 March 15, 2023 7- Easement and Land Acquisition $25,508 April 7, 2023 8- Alternatives Analysis $54,058 June 30, 2023 9- Preliminary Design $48,240 June 30, 2023 10 - Implementation Schedule and Cost Estimate $15,108 June 30, 2023 11 – Supplemental Services $20,000 June 30, 2023 11. ACCEPTANCE AND TESTING PROCEDURES (not applicable) 12. LOCATION OF WORK FACILITIES The work will be substantially conducted by Consultant at its regular office located in Greenwood Village, Colorado. Some senior technical reviewers located outside of Colorado will be used as identified in the Consultants proposal. 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: _______________________________ Page 320 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 24 PSA # 22-115 Jacobs Engineering Group Inc. Consultant Name By: (Signature) Stephanie Harrison (Print Name) Title: Vice President Date: _______________________________ 9/30/2022 Page 321 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 25 PSA # 22-115 ATTACHMENT B CONTRACTORS PROPOSAL Page 322 of 405 Proposal for City Ditch Piping Phase I Submitted to: City of Englewood August 9, 2022 RFP No. 22-030 Page 323 of 405 August 9, 2022 Stephanie Ellis, PE, Project Manager Engineer II City of Englewood Utilities 1000 Englewood Parkway Englewood, CO 80110 Subject: Request for Proposal #22-030, City Ditch Piping Program Dear Ms. Ellis, The City of Englewood (the City) Utilities’ City Ditch Piping Project is critical to meeting the goals of improved water quality, sustainability, resiliency and redundancy, and safety and reduced annual capital investment. Converting the open channel ditch into a pumped pipeline system presents unique technical and coordination challenges that must be addressed in meeting the project objectives as outlined below. Jacobs Engineering Group Inc. (Jacobs) has assembled the best team to partner with the City in successfully addressing the project challenges and meeting your objectives and expectations through the following methods: Comprehensive evaluation to identify the optimized alignment.We offer a full-service approach with in-house surveying, utility research, environmental services, permitting support, and geotechnical investigation to support development of the most optimized feasible alignment alternative in each reach and confirm that all permitting requirements are proactively addressed. Additionally, we have experience with numerous delivery approaches – from traditional to alternative. Working collaboratively, we help our clients select the delivery method that best meets their challenges and delivery needs. Proactive, effective communication with external stakeholders to inform the alignment selection process. Effective public relations and communication with external stakeholders is critical to the success of this project. Jacobs has partnered with Sigler Communications, Inc. to identify the parties, define strategic engagement opportunities, prepare effective communication materials, and coordinate the overall project implementation. 6312 S. Fiddlers Green Circle Suite 300N Greenwood Village, CO 80111 www.jacobs.com Page 324 of 405 Hydraulic modeling to demonstrate that the capacity and operations goals are achieved. Our modeling team has experience completing hydraulic modeling of open channel to piped system conversions. Our team is also skilled at evaluating scenarios for a variety of seasonal demands, operating restrictions, and supply constraints. This team is also experienced in completing modeling runs to support construction sequencing and phasing to minimize system disruption during construction. Comprehensive condition assessment of the existing piped portions to define construction requirements. Jacobs has extensive experience in the evaluation of existing piped systems to determine condition and change in operating conditions. We have partnered with QP Services, LLC to obtain CCTV inspection information that will support evaluation of the pipe materials and definition of rehabilitation required for conversion to a pressure system. We have developed a web-based tool called DragonflySM that applies artificial intelligence to automatically detect defects recorded during CCTV inspections and produce a coded defects database. We will use this tool during the condition assessment of the City Ditch to rapidly process inspection video, consistently and accurately. We are extremely excited about this opportunity to work with the City and provide you with unparalleled client service. We acknowledge receipt of Addendum No. 1, dated August 2, 2022. (Our signed addendum is included following this cover letter, as well as our Certificate of Good Standing with the State of Colorado, which indicates our ability to do business in the state of Colorado. We have been providing consulting engineering services to Colorado clients continuously since 1972.) As project manager, Liv Haugen is our main point of contact. She can be contacted at 720-470-8311 or via email at Liv.Haugen@jacobs.com. Liv is located in our Greenwood Village office at 6312 S. Fiddlers Green Circle, Suite 300N, Greenwood Village, CO 80111. The City Ditch project is of high importance to all our team members, and we commit to give you our best from Day 1 until closeout. Please do not hesitate to reach out to Liv for clarification on what we have presented or for any additional information that would move us closer to selection as your chosen consultant for this project. Regards, Jacobs Engineering Group Inc. Liv Haugen, PE Stephanie Harrison, PE, PMP Project Manager Principal-in-Charge (Signature Authority) Page 325 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 1 ADDENDUM NO. 1 RFP-22-030 CITY DITCH PIPING PROJECT PHASE I August 2, 2022 Administrative Clarifications SUBMISSION OF RESPONSES: ONE (1) electronic submittal must be submitted online via Rocky Mountain E-Purchasing System (RMEPS) at www.bidnetdirect.com/colorado no later than August 9, 2022, @ 2:00 pm. It is the responsibility of the Consultant to ensure that the electronic proposal is submitted prior to the proposal closing time. No physical submissions will be accepted. Attachments • Pre-Proposal Meeting Attendance Sheet • Pre-Proposal Meeting Presentation Slides Vendor Questions 1) Question: We are formally requesting that the RFP due date for this project be extended due to the 2022 ASCE Pipelines Conference which will be held in Indianapolis the week prior to the Proposal Deadline (this is a premier conference associated with everything pipelines at which members of our proposed team will be attending and presenting). Response: In order to maintain the City’s schedule, the solicitation dates will not be changed. 2) Question: Is there a SUE requirement for the project, and if so what level of detail? Response: Since the project will involve a construction contract with a public entity, a SUE may be required. The SUE would be part of Phase II, and therefore not included in this RFP. 3) Question: Task 7 says, "Based on findings of Task 7 and Task 8, Consultant shall identify areas where existing temporary or permanent easement are required for the selected alternative. Consultant shall also identify all areas where access easements are required." Will the work associated with these new easements be part of the preliminary design project or a later phase of work? Response: In Phase I, the Consultant shall identify the areas where easements may be required. Any necessary easement acquisition will be part of Phase II. 4) Question: We have worked with Denver water in the past and are familiar with their Capital Projects Construction Standards (CPCS). Does Englewood water have a similar document that is to be used as the design guide with specifications and details? Response: Englewood generally refers to Denver Water standards. City-specific standards for water and sanitary sewer design are currently being updated. The City Ditch piping design may deviate from Denver Water Standards, to ensure the design meets project goals and industry standards for raw water piping. Page 326 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 2 5) Question: If there isn’t a comprehensive Englewood water ‘CPCS’ type document, can we use the Denver Water CPCS? Response: Englewood staff is open to the use of Denver Water CPCS, as long as the design meets project goals and industry standards for raw water piping. 6) Question: Section 4.3 Submittal Content on page 16 of the RFP indicates that Part 2 of the proposal should be Project Understanding, Approach, and Anticipated Schedule and that Part 3 should be Consultant Experience and Technical Capability. However, page 17 indicates that Part 2 should be Experience and Technical Capability and Part 3 should be Project/Scope Understanding, Approach, and Anticipated Schedule. Can you please confirm what we should title Part 2 and Part 3? Response: Please structure the proposal as follows: Part 2 – Experience and Technical Capability Part 3 – Project/Scope Understanding, Approach, and Anticipated Schedule 7) Question: Page 17 of the RFP indicates to provide “similar details for projects as requested in Consultant Experience” for each key personnel. Details in Consultant Experience include: • Project title and contract number. • Consultant and key personnel’s role in project. • Owner contact information including phone number. • Period of performance (contract start and end dates). • Contract value. • Summary of work performed. • Project performance (including change order history, schedule adherence, and budget adherence). • Describe any major issues or challenges presented on the project(s) and how they were resolved. Do we need to include all of these details for multiple projects for each key personnel, or would it be acceptable to indicate which key personnel worked on the projects listed under “Consultant Experience”? Response: It is acceptable to indicate which key personnel worked on the projects listed under “Consultant Experience.” Adding key personnel’s role on each project is recommended. 8) Question: Can the water through the City Ditch be shut off for an assessment? Response: The City is contractually obligated to provide water to contract users from April 1 – October 31. Work requiring City Ditch shutdown is anticipated to be completed during the off- season. Since the Notice to Proceed is anticipated to be in November, the City does not believe there will be any conflicts for Phase I. 9) Question: How extensive does the City expect for Geotech information? Response: Phase I should include preliminary Geotech and major issues should be identified. 10) Question: Can Linhart Lake be visited? Is that the only area that is not publicly accessible? Response: This is a secure facility with no public access – it cannot be visited. Staff believes Linhart Lake and McLellan Pump Station are the only open channel areas that the public cannot access. Consultants shall adhere to signage along the ditch. 11) Question: The solicitation states: provide three alternatives for the flumes. Are the alternatives for the entire project or only the flumes? Response: The City is looking for the most cost-efficient means to pipe City Ditch. Provide alternatives where appropriate and it makes sense. Alternatives should be considered based on feedback from external stakeholders. Page 327 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 3 12) Question: What are the City’s expectations for the survey. Response: Defining the Prescriptive Easements and Access Easements as well as provide an understanding of the Right-of-Way and establishing the ditch corridor. Survey may also be required to develop a hydraulic profile and for other preliminary design requirements. 13) Question: Regarding the Easements, is there any documentation? Response: There is limited documentation and additional information will need to be obtained. Existing documentation will be provided to the awarded Consultant. 14) Question: What are the expectations regarding Preservation of the Ditch corridor? Response: City Ditch is the primary water supply conduit for the City. The hope is the project can preserve the historic corridor in some fashion where possible. The extent to which existing corridor can be preserved will be evaluated through the design process. 15) Question: Will the public outreach be coordinated with the City Communications department? Response: Outreach will be in conjunction with Communications and Communications will support the process. 16) Question: Can more water be run through the City Ditch? What is the current flow rate? Response: Current estimated flow from Chatfield Reservoir is 31 CFS and 17.5 CFS from McLellan Pump station to the McLellan Reservoir. Flow data is being evaluated and design flow rates will be provided to the awarded Consultant. 17) Question: Are cameras run through the piped sections of the ditch? Response: No 18) Question: When the City Ditch is annually inspected, is there any documentation regarding the inspections? Response: No. The goal of the City is to prepare the ditch for free flow. 19) Question: What type of cleaning is done prior to turning the ditch on in April? Response: Off season the ditch is being prepared for turning on in April. 20) Question: From McLellan Reservoir to the City Ditch, there are diversion points. Do these need to remain? Response: The City is looking for a design for a modernized conduit system for the Allen Water Treatment Plant. Consultants shall assume that existing gate structures will remain or be reconstructed. 21) Question: Can locations of the gates be provided? Response: Consultant to provide this information in Phase I. A relative number of gates and locations will be provided to the award Consultant, but data may not be completely accurate. It is anticipated the awarded Consultant will walk the entire ditch to get accurate mapping and infrastructure. 22) Question: Has the infrastructure and valves been tested at the connection to the drain line? Response: Drain line valves have been replaced in the past seven (7) years and appear to function. 23) Question: Does the pump station communicate with Allen Water Treatment Plant? Page 328 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 4 Response: Stage Discharge Recorder (SDR) provided by the state is utilized. The pump station does communicate with the Allen Water Treatment Plant. The City may require fiber conduit be placed along newly piped portions of City Ditch. 24) Question: Are there any known endangered species or designated wetlands? Response: None known. This should be confirmed in Phase I. 25) Question: Are all the existing dump gates required to be replaced? Response: Yes, and the design may include additional gates as necessary. The pipe that releases into Dad Clark Gulch is augmentation water and is required. The design should consider unconventional operations, such as an outage of McLellan Pump Station. 26) Question: Is federal funding being utilized? Response: No 27) Question: What is the cost estimate? Response: $10-$12 million has been budgeted for the entire project. 28) Question: Regarding Conceptual design at 30% design, is the expectation the awarded Consultant will extend to the detailed design phase? Response: It is anticipated the awarded Consultant will move to the next phase of the project as long as performance is acceptable to the City. Project delivery method will most likely be Construction Manager/General Contractor (CM/GC). 29) What extent of piping at the McLellan PS is part of the Phase I analysis? Response: Phase I should include the piping connection between City Ditch and the McLellan PS. 30) Does the City have topographic data for the City Ditch alignment to support development of a hydraulic model? If not, should traditional survey or aerial LiDAR scan be performed? Response: The City does not have this data and is open to the Consultant’s recommended method of obtaining the necessary data. 31) Does the City have existing invert data for the City Ditch (piped and open channel), or should the selected consultant obtain this information in the field in order to develop an accurate hydraulic model? Response: Some City Ditch plans and profiles were provided as attachments on BidNet. Most information will need to be verified or obtained in the field. 32) Utility designation will be a key part of any alignment study –does the City want utility designation and test pitting to be included in the Phase I design? As-builts show existing large diameter water mains and other significant utilities along the alignment. Response: Utility designation and test pitting may be included in Phase I if recommended by the Consultant. 33) Does the City have an existing hydraulic model for the City Ditch the selected consultant can use as a starting point? If not, is there a preferred modeling software? Response: The City does not have an existing model or preferred modeling software. 34) Does the City have a profile of the piped section between McLellen PS and Chatfield Reservoir? Page 329 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 5 Response: Some City Ditch plans and profiles were provided as attachments on BidNet. The City does not have documentation on the entire ditch. Areas shown in existing plans and profiles may require field verification. 35) Performing a full condition analysis of the existing piped sections may require heavy cleaning while taking care to protect the existing pipe. What level of inspection/cleaning should the design team include for this work? Response: The amount of cleaning necessary to complete the condition analysis and gather necessary information on City Ditch should be employed. 36) Can the City provide all available easement documents in order to help scope the ROW effort which will be required? Any additional documentation the City can provide will reduce the effort required during Phase I. Response: Available documentation will be provided to the selected consultant. While some easement documentation exists, easement documentation is limited. 37) The scope states that the City “may reroute one stormwater inlet within City limits as part of this project.” Would the City like consultants to scope this design concept as part of this proposal? Response: Yes. 38) Should hydraulic evaluation and mitigation design of stormwater runoff from the surrounding areas to the ditch be performed under this Phase I project? Response: Tasks not included in the RFP may be included as supplemental services. 39) Due to the possibility of protected species in the project area, does the City want to include an environmental review to assess potential impacts to these species as a result of piping the ditch? Response: Detailed environmental review may be part of Phase II. Major concerns should be identified in Phase I. A risk register may be beneficial for tracking identified concerns, costs, and strategies. 40) Under Task 4 – Hydraulic and Capacity Analysis, the RFP states “Consultant shall perform an existing capacity analysis for all open channel reaches between Chatfield Reservoir and the AWTP.” Does the City want consultants to perform a hydraulic analysis of these reaches as constructed or perform an analysis of a fully piped version of City Ditch? Response: Capacity analysis shall include an evaluation of the existing piped and open channel sections to determine existing capacity and undersized or surcharged pipe sections. Hydraulic and capacity analysis should also include analysis needed for preliminary pipe design for the entire City Ditch. 41) Should a specific number of alignment alternatives be assumed? Response: A specific number has not been determined. Alternatives should consider feedback from external stakeholders, as well as limitations in the existing alignment/easements. 42) Can a copy of the presentation shown at the pre-proposal conference on 7/22 be provided? Response: Yes. 43) Will an access road be required on the final alignment? Response: Operations staff must have vehicular access to all portions of City Ditch, which may include some sections of constructed access road. Access roads do not exist for all currently piped portions of City Ditch, but they are still accessible by vehicle. Page 330 of 405 _____________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2300 www.englewoodco.gov 6 44)How far outside of the existing ditch corridor are you willing to consider for alternative alignment? Response: The City is open to the recommendations of the Consultant based on the alignment and easement evaluation. Consultant shall consider City access to the ditch. 45)Is there an alternative water source to pull from for construction? If not: a.What is the maximum time duration the system can be down? b.What is the time duration needed to fill storage? Response: Construction must take place from November – March to ensure the City meets contractual requirements for contract users. Construction should limit downtime of the ditch to the extent possible. The selected Consultant will work with the City to determine construction water and dewatering needs during Phase II. 46)For bidding purposes, it would be helpful to set quantities for estimated potholes and time commitments to ensure proposals are estimated consistently- would you be able to provide estimated quantities for these items? Response: Quantities are not known but should be specified in the proposals. The Proposals will be reviewed and evaluated using a competitive, best-value selection process. ACKNOWLEDGEMENT TO ADDENDUM #1 Signature below indicates that the applicant has read all the information provided above and agrees to comply in full. This addendum is considered as a section of the Request for Proposal RFP-22-030, and therefore, this signed document shall become considered and fully submitted with the original package. _____________________ ___________________________ Signature Date ___________________________________________ ___________________________ Print Name Title ____________________________________________ Company Name 8/3/22 Stephanie Harrison Jacobs Vice President and Principal-in-Charge Engineering Group Inc. Page 331 of 405 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is an entity formed or registered under the law of , has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” JACOBS ENGINEERING GROUP INC. Delaware 19871710258 08/03/2022 08/05/2022 07:55:47 08/05/2022 07:55:47 14215067 Page 332 of 405 Proposal Parts 1, 2, and 3 Page 333 of 405 Part 1 –Executive Summary Our experienced, local delivery team provides a comprehensive approach to identifying the optimized solution for converting the City Ditch to a piped system and has worked together on several planning and pipeline feasibility projects. Our team members’ experience on similar projects, working relationship, and proven approach results in a very efficient team. Part 2 To achieve the project goals, Jacobs proposes a team with the requisite experience and proven history of performance in condition assessments, alternative alignments, and delivering technical solutions that achieve stakeholder needs in an efficient, cost-effective, and fiscally responsible manner for Utilities and customers. Our key team members are 100% committed to the City Ditch Piping Project Phase 1. Each key team member is available at the appropriate level to serve in their assigned role and meet the City’s needs and expectations. Stephanie Harrison (Senior Technical Advisor) will ensure the right resources are assigned at the right times and that the City’s expectations are met throughout the duration of the project. Parts 2 and 3 The Jacobs team is committed to achieving the project goals to provide a resilient alternative to the City Ditch that delivers the following results: Improvements to City Ditch Pipeline by maximizing the Chatfield Headgate diversions to: Reliably convey high quality water and higher flows to the Allen WTP, while minimizing Union Ave PS Allow for year-round diversions to Allen WTP An alignment that replaces the aged low head conduits and open channels system that Improves conveyance operation and maintenance Maximizes use of existing system infrastructure and alignment Achieves public acceptance based on system benefits The Jacobs approach aligns with the 10 Tasks outlined in the RFP to meet the project challenges including: unknown condition of existing infrastructure, hydraulic constraints, stakeholder engagement multiple land and easement acquisitions, and capital cost and constructability concerns and is summarized below. 1 Page 334 of 405 Part 2 –Experience and Technical Capability Jacobs has a long history of delivering high-quality projects of all sizes and complexities. What sets us apart is our world-class capabilities to deliver projects through our local offices and our ability to leverage industry best practices, processes, and tools to identify the best solution for each project, tailored to individual project requirements. Through our local experience, we have come to know the key issues that face local water service providers in the metro area. We have demonstrated the ability to deliver high-quality work while meeting budget and schedule requirements. We can leverage our nearly 100 professionals in our Greenwood Village and Denver offices focused on the delivery of water projects, 4,000 member staff throughout the southwest region, and 55,000 staff firmwide, as needed, for the City Ditch Piping Project. We will primarily use the resources in our Greenwood Village office and will provide the city with delivery excellence in all aspects of the project. Key Project Team Members Jacobs brings a proven, local team with outstanding experience and qualifications in delivering projects like the City Ditch Piping Project. Our team has led the alignment/feasibility study, design and construction of many similar projects, as demonstrated in the project descriptions presented at the end of this section. The Jacobs team has completed several ditch-to pipe-conversion projects in the west over the last decade including the Green Ridge Glade Reservoir Bypass (600 feet in Loveland, CO), Mapleton Canal (6 miles ditch converted to 54-inch pipe with 20 turnouts), Duchesne Salinity Canal Enclosure Projects (70 miles of canals converted to 18 to 66- inch pipe), Salem Canal (6.5 miles of ditch converted to 36 to 54-inch pipe), and the Highline Canal Feasibility Evaluation ($200M canal enclosure project in Utah). This unparalleled experience with the design and construction of canal enclosure projects provides the City with the benefits of demonstrated successful project implementation. Our key team members are 100% committed to the City Ditch Piping Project Phase 1. Each key team member is available at the appropriate level to serve in their assigned role and meet the City’s needs and expectations. 2 Page 335 of 405 Our Project Manager, Liv Haugen, has 20 years of specific experience in pipeline routing studies, master planning, design, hydraulic modeling and analysis, project permitting and land acquisition support, and construction services for projects. She will be the City’s primary point of contact and will manage the day-to-day work of our team and making sure that we are meeting the City’s needs and expectations on the City Ditch Piping Project.Liv’s availability is 40%. Senior Technical Advisor, Stephanie Harrison brings extensive local municipal water conveyance experience to provide critical oversight contributing to the overall success of the project. She will make sure that Jacobs is assigning the right resources at the right time and that our proven quality management process is being applied and followed.Stephanie’s availability is 10%. Jamal Williams, Project Engineer, has 8 years of experience in pipeline alignment studies and large-diameter pipeline design and construction. He will work closely with Liv in coordinating and delivering the scope of work.Jamal’s availability is 65%. Adam Murdock, Quality Manager, is Jacobs’ Global Director for Conveyance and Storage and will provide senior technical oversight to the project team on an as-needed basis. Adam managed the Provo Canal Enclosure Project, UT, which provides our team with lessons learned for the efficient and successful delivery of the City Ditch Piping Project. Adam’s availability is 10%. Ken Hansen will lead the Hydraulic Capacity Analysis leveraging his 35 years of experience and expertise in hydraulic modeling. Ken is a firmwide modeling expert and will be supported by Shin Miyawaki and Kevin Nielsen, both specializing in hydraulics, to evaluate the hydraulic challenges of converting from an open-channel gravity system to a pressure pipeline system to develop an efficient approach to meet the projected delivery demands. Ken’s availability is 25%. Our Public Outreach Lead is Lisa Sigler,president of Sigler Communications, will work closely with the City to engage project stakeholders to successfully implement the City’s vision to transform the City Ditch into an asset withing the City’s water conveyance infrastructure but also serve as a public amenity. Lisa worked with Jacobs, coordinating with stakeholders and landowners on the Southern Delivery System for Colorado Springs Utilities and has 25 years of experience assisting Front Range water districts and utilities.Lisa’s availability is 25%. As Field Survey/Utility Locate Services Lead, Robert Guptill will acquire topographic survey information to support the hydraulic analysis and complete the easement mapping.Robert’s availability is 25%. Additional Support Staff Geotechnical Lead, Dave Curran, has extensive experience in geotechnical site investigations, engineering analysis, and design and will review available geological and geotechnical mapping to proactively identify potential geotechnical construction concerns.Our Constructability and Cost Estimating Specialist, Ed Meyer, is responsible for developing accurate estimates Our Environmental Specialist, Whitney Wimer, will review the project area and proposed alternatives and identify known environmental concerns and work with our Permitting Lead, Maddie Murphy, on permitting requirements.Jeremy Quan, GIS Specialist, is responsible for analyzing GIS information to support the alternatives analysis and preferred alternatives selection and preliminary design.QP Services, LLC will provide comprehensive condition documentation of the existing piped portions of the City Ditch that will guide the team in identifying rehabilitation and replacement needs. 3 Page 336 of 405 Proposal for City of Englewood City Ditch Piping Phase I Team Members and Role - Liv Haugen/Senior Technical Consultant, Ken Hansen/ Hydraulics Lead Owner Contact InformaƟon - John Faulkner, Project Manager, 970-962-3712 Period of Performance - 2021 to 2022;Contract Value -$427,000 (Design); $2.5M (Const.) Summary of Work Performed: The City desired a reservoir bypass to allow for direct flows from the Charles Hansen Feeder Canal to the WTP to provide flexibility for operaƟon during algae and taste and odor events. Jacobs designed a canal diversion structure, pipeline, and flow control structure allowing flows of up to 8.5 mgd to bypass the reservoir while simultaneously diverƟng water to the reservoir when necessary.Performance -Delivered on schedule and within budget. Issues/Challenges/ResoluƟons - Implemented cost-saving design strategies. Maximized available head to eliminate need for pumping to achieve design flow and conducted potholing to determine opƟmized pipe alignment that minimized rock excavaƟon. Team Members/Role -Adam Murdock/Project Manager/Engineer-of-Record, Adam Nielsen/Lead Hydraulics Owner Contact InformaƟon - Paul Christensen, Project Manager, 801-379-1205, Pchristensen@usbr.gov Period of Performance -2010-2012 Contract Value -$140M (ConstrucƟon) $4M (Engineering Fee) Summary of Work Performed - PRCE is a 21-mile-long pressurized 126-inch-diameter welded steel pipeline with a flow capacity of 400 million gallons per day. Jacobs was the Design Engineer and provided Engineering Services During ConstrucƟon. Enclosing the canal has reduced evaporaƟon and seepage losses by approximately 2.6 billion gallons, annually; improved water quality; provided redundancy for drinking water supplies; and provided a recreaƟonal trail along the length of the enclosed canal.Performance -Jacobs’ design was completed in 10 months and construcƟon was completed 1 year ahead of schedule. Issues/Challenges/ResoluƟons -Coordinated with stakeholders and jurisdicƟonal agencies. The project traverses through 7 different ciƟes and required coordinaƟon with mulƟple jurisdicƟonal agencies and 26 different uƟlity companies. Team Members/Role -Stephanie Harrison/Design Manager, Maddie Murphy/Permiƫng Lead, Dave Curran/Geotechnical Lead, Owner Contact InformaƟon - Orlando Ortega, PE, 575-935-4562, oortega@enmwua.com Period of Performance - Ongoing since 2005 Contract Value -N/A Summary of Work Performed - The ENMRWS will convey water from a reservoir to end users in eastern New Mexico. Jacobs' scope of work includes planning and engineering services including pipeline alignment studies, hydraulic and surge analysis, right-of-entry coordinaƟon, environmental and cultural services, easement acquisiƟon, survey services, uƟlity invesƟgaƟon, geotechnical services, and design and construcƟon management. Performance -On budget and on schedule. Issues/Challenges/ResoluƟons -Implemented a shovel-ready strategy to obtain funding in a Ɵmely manner. The funding for the project has been uncertain over the past 15 years making it difficult to plan for the funds in a Ɵmely manner. Jacobs developed some shovel-ready, smaller bid packages that could immediately be adverƟsed when funding became available, demonstraƟng to the funding agencies the readiness of the Water Authority to progress the project. JACOBS’Project Experience and References Green Ridge Glade Reservoir, City of Loveland, CO Provo Reservoir Canal Enclosure Project (PRCE), United State Bureau of ReclamaƟon, Provo, UT, and Provo Water Users AssociaƟon Team Members/Role -Liv Haugen/Project Engineer, Ed Meyer/Cost EsƟmator; Dave Curran/Geotechnical Lead, Maddie Murphy/Permiƫng Lead Owner Contact InformaƟon - Kate Bandel, Senior Project Engineer, SMWSA, 720-480-3583 Period of Performance -Ongoing since 2018;Contract Value -$3.8M Summary of Work Performed - Jacobs provided a comprehensive pipeline alignment and pump staƟon siƟng study. The original alignment evaluaƟon considered four alignments, and a fiŌh alternaƟve was added to consider installaƟon in a public roadway. The alignment evaluaƟon considered the overall project construcƟon cost, easement and access agreement acquisiƟon costs, operaƟon and maintenance, permiƫng, constructability, public acceptance, and operaƟonal flexibility. AŌer the iniƟal alignment study, Jacobs provided design services for 4 miles of 420–inch potable water pipeline as well as the 25 mgd pump staƟon and disinfecƟon treatment.Performance -Alignment study and design delivered on schedule and within budget. Issues/Challenges/ResoluƟons - Constructed using a sequence strategy to address constraints caused by shutdowns at the Water Treatment Plant. ConstrucƟon Ɵme was limited to the shutdown constraints of the Binney Treatment Plant. Jacobs developed a strategy to complete the construcƟon by sequencing two WISE Ɵe-ins to Aurora’s treatment process and integraƟng monitoring and control funcƟons between WISE’s and Aurora Water’s faciliƟes across the site. • Designed coordinated flow controls for blended bypass flows. • Produced redundant, flexible source of high-quality water and improved resiliency of WTP operaƟons. Project Highlights: • Replaced three exisƟng inverted siphons originally constructed in the 1940s with a new 126-inch-diameter welded steel pipeline. • Included over 40 separate metering/turnout structures and two major flow control faciliƟes. Project Highlights: Eastern New Mexico Rural Water System (ENMRWS) Project, Eastern New Mexico Rural Water Authority, NM Project Highlights: WISE Binney ConnecƟon Pipeline and Pump StaƟon, South Metro Water Supply Authority (SMWSA), CO • Conducted a pipeline alignment study that considered four alignments, including construcƟon costs, easement and access acquisiƟon, permiƫng, and public acceptance. Ridgegate Line/Rueter-Hess WISE Infrastructure, Parker Water and SanitaƟon District (PWSD), CO Team Members/Role - Liv Haugen/Project Manager, Ed Meyer/Cost EsƟmaƟng Lead; Dave Curran/Geotechnical Lead Owner Contact InformaƟon - Rebecca Tejada, Director of Engineering, PWSD, 720-842-4261. Period of Performance - January 2016 to December 2019;Contract Value - $2M Summary of Work Performed - Jacobs performed a pipeline and pump staƟon alignment evaluaƟon and siƟng study followed by detailed design and construcƟon management services for approximately 4.5 miles of 42-inch potable water pipeline. Jacobs’ full-service approach included alignment evaluaƟon to determine the preferred rouƟng of the pipeline, including consideraƟons for easement costs, right-of-way and roadway impacts; developable property impacts; pipeline installaƟon challenges; and geotechnical/environmental consideraƟons. Performance -Delivered on schedule and within budget. Issues/Challenges/ResoluƟons - Implemented a proacƟve environmental permiƫng approach that focused on Ɵmely coordinaƟon with permiƫng agencies to deliver the project under an aggressive schedule. Pipeline located in a heavily traveled arterial roadway with environmental constraints and culturally sensiƟve arƟfact removal. We obtained permits/permission to construct from federal agencies, county, and local municipaliƟes and coordinated environmental and cultural surveys during design and incorporated constraints in construcƟon schedule. Project Highlights: • Conducted hydraulic analyses to select pipeline diameter and evaluate pump staƟon modificaƟons to obtain desired flow condiƟons. • Obtained access for design invesƟgaƟons and provided acquisiƟon for temporary and permanent easements. Project Highlights: • Used an opƟmizaƟon model to determine the most efficient sizing and layout of the alternaƟve and the best hydraulic and least costly configuraƟon of faciliƟes. 4Page 337 of 405 Part 3 –Project Understanding, Approach, and Anticipated Schedule We understand that the City Ditch Piping Project is critical to meeting the goals of improved capacity water quality, sustainability, resiliency and redundancy, and safety, and reduced annual capital investment. Converting the open channel ditch into a pumped pipeline system presents unique technical and coordination challenges that must be addressed. Jacobs understands these challenges and has developed a project approach to proactively identify solutions. Project Approach TASK 1 – Project Management Jacobs recognizes the importance of thoughtful pre- planning; close and continuous monitoring of project progress, budget, and schedule; and frequent collaborative communication with the City. We will facilitate a Project Kickoff meeting to establish the goals and criteria for project success. Workshops Our experience has shown that well-planned and prepared for workshops are the most efficient way to collaborate and maintain the project schedule. Jacobs is committed to providing proactive scheduling and distribution of review materials at least a week prior to workshops to facilitate engagement. TASK 2 – Data Reconnaissance and Acquisition We will compile and review existing information to understand what assets the City Ditch system includes. Reviewing the existing mapping, easement information, user agreements, and GIS in coordination with field visits to locate appurtenances is important to defining the work needed to complete the piping conversion project. Survey The existing pipe invert elevations and topography along the City Ditch are critical to evaluating the hydraulic design for the conversion from open channel to pressured system. Mapping an area as large as the one between Reaches 1 and 4 is time consuming and costly.To reduce the time and costs associated with conventional surveying methods or a fixed-wing aerial LiDAR collection, we propose using DRCOG Aerial LiDAR data collected from 2020. Objective Project kickoff and chartering Key Element Collaborative Workshops/Routine Coordination Objective Define work needed to complete piping conversion Key Element Survey strategy that reduces time and cost Jacobs’ project approach.Our experienced, local delivery team provides a comprehensive approach to identifying the optimized solution for converting the City Ditch to a piped system. 5 Page 338 of 405 Supplemental ground survey will be performed at the flumes, pipe inverts, and other appurtenance features identified in a field survey with our project engineers to support preliminary design development. TASK 3 –Condition Assessment The existing piped sections of City Ditch appear to be a mix of different pipe materials and ages. It is critical to the hydraulic design and understanding the rehabilitation/replacement requirements to develop a clear understanding of the pipelines. Jacobs has partnered with QP Services, LLC to complete CCTV of the existing pipelines and document the condition with NASSCO PACP coding and focus on the challenges of converting to a pressure pipe system. QP will identify pipe materials, joint conditions, diameter/size, and challenges for completing a CIPP or slip-lining project where needed. Much of the pipeline appears to be corrugated metal pipe, reinforced concrete pipe (round and helical), box culverts, and plastic lined or spiral wound lined materials. The existing pipe materials have varying pressure holding capabilities. Jacobs will review the CCTV videos and reports and coordinate with the hydraulic design to identify the reaches of pipeline that require lining or replacement to hold pressure and convey the planned flows. In areas where the pressure is expected to be close to the joint/pipe, pressure rating testing may be needed to determine if lining is required or if the existing system can safely meet the design operating pressures. Jacobs’ latest tool to support pipeline condition assessments is DragonflySM. This artificial intelligence tool automatically watches sewer CCTV video to produce a coded defect database. It also uses machine learning to calculate remaining useful structural life, optimized maintenance schedules, and repair/rehab/replace strategies. TASK 4 – Hydraulic and Capacity Analysis Detailed evaluation of pipeline hydraulics and sizing is required to understand the feasibility of the project and overall costs. This work is important to optimize the pipe diameter and coordinate with existing pipe sections. Objective Develop understanding of rehabilitation/replacement requirements Key Element CCTV inspection Objective Develop understanding of project feasibility and costs to develop an optimized pipeline alternative Key Element Collaborative Hydraulic workshop Technical and Coordination Project Challenges Stakeholder Interest in Preserving City Ditch as an Historic Asset: We will engage with these groups to clearly communicate the alternatives and obtain feedback. Our public relations specialist, Lisa Sigler, will leverage her experience working with challenging stakeholder groups to obtain project endorsement. Hydraulic Design Considerations: The conversion of the open channel gravity system requires careful hydraulic analysis to define the management approach for each appurtenance. Our hydraulics team recently completed canal enclosures in Utah, including the Provo Reservoir Canal Enclosure (described in Part 2), Mapleton Canal, and Duchesne Salinity Canal, and brings lessons learned to projects with complicated hydraulics. Rehabilitation of Existing Piped Sections: The material and condition of the existing piped sections is critical to understanding the extent of rehabilitation or replacement required to convert to a pressurized system. We have extensive experience in condition assessment and rehabilitation strategies that will result in a cost-effective, efficient, and reliable system. Optimization of New Piped Sections: Creative solutions for installation of the new piped sections will allow for balancing existing land rights with reduced length of pipe and construction cost. Our team brings local pipeline alignment study experience to identify an optimal pipeline alignment. 6 Page 339 of 405 Several factors are involved in developing the preliminary project operating criteria, including determining the sizing of the new pipeline sections to meet the projected delivery demands, evaluating the system operating scenarios to determine the expected pressure ranges in the existing piped system, and understanding the operating capabilities of the existing system and how the conversion and increased flows impact the system hydraulics. Considering these factors results in realistic profile development, efficient preliminary design, and more accurate construction cost estimates and schedules. Hydraulic Results Workshop Jacobs will present the results of the hydraulic evaluation in coordination with the condition assessment. During this workshop, we will discuss the operational considerations and expectations for existing system modifications to meet the planned operational scenarios. TASK 5 – Public Outreach Sigler Communications, Inc. will facilitate strategic public outreach and stakeholder communications. We will prepare for two meetings with stakeholders to review the optimized alternative for piping the ditch. The feedback obtained from these meetings will be documented, and the requested modifications to the optimized alternative will be recorded. We will review the requested modifications and address how the modifications would alter the project layout and cost. We will facilitate two additional stakeholder meetings to present the “stakeholder preferred alternative” and document feedback. Public Outreach Planning Workshop We will develop a strategic plan for the stakeholder workshops and present the plan and communication materials to the City for feedback and coordinate the public outreach approach. TASK 6 – Environmental Compliance and Permitting Plan Identifying the environmental concerns, permitting agencies, and cultural resources associated with the pipeline alignment options will be important considerations when refining the optimized alignment and maintaining the project schedule. Jacobs will research known environmentally sensitive areas such as Threatened and Endangered species habitat and wetlands to quantify the schedule implications and costs. Many of the environmental concerns often require special considerations in construction schedules (such as avoiding nesting seasons) or mitigation (such as seasonal constraints or trenchless crossing of wetlands and waterways). Jacobs will develop a list of the anticipated permit requirements, permit risks, and potential mitigation strategies for each of the alignment alternatives to assist with the comparison. We are experienced in providing full permitting support for similar Front Range projects. We will use this experience to identify the schedule requirements for project permits. TASK 7 – Easement Assessment and Acquisition Plan To facilitate strategic project implementation planning, we will develop a single set of maps that identify existing ownership along the City Ditch and where additional easements will be required for installation of new piped sections, rehabilitation, or maintenance access. Jacobs will use City and or County GIS data to produce a property base map depicting GIS quality property lines within the project area. The property base map will be supplemented with descriptions supplied by the City. Where descriptions are not readily available, we will show a 25-foot-wide “prescriptive” easement centered on the ditch. This approach allows the City to gain knowledge of likely areas where easements exist without the cost of having to perform title reviews. title research could be completed, if necessary, at an additional cost to confirm dimensions and restrictions associated with existing easements. This information will be used to refine the optimized pipeline alignment to reduce the number and types of properties impacted, simplify coordination needs, and reduce schedule impacts. Objective Develop a strategic permitting plan for timely regulatory approval Key Element Regulatory Compliance Strategy Objective Develop understanding of property ownership and needed easements Key Element Property Base Map Objective Develop a public outreach and communications plan to keep the project moving forward Key Element Public Outreach Strategy 7 Page 340 of 405 TASK 8 – Alignment Analysis and Preferred Alternative Selection Jacobs will identify potential pipeline alignments for review with the City. We will then refine, investigate, and develop additional information for the alternatives, including land ownership and easements; existing utilities, environmental constraints, permitting requirements, and cultural resource constraints; hydraulic analysis and pipeline options; construction cost and schedule; and other factors such as operations and maintenance access and geotechnical considerations. As shown in the exhibit on the following page, we have identified several preliminary alignment alternatives and considerations addressing the above factors. Jacobs will review the alternatives and use cost considerations to develop the optimized alignment. This alignment will represent the base cost for project implementation. City Staff Alternative Review Workshop After the stakeholder engagement meetings, Jacobs will develop alternative alignments and project considerations based on the stakeholder feedback. A workshop will then be held with the City to review the alternatives and obtain the City’s feedback. Jacobs will use this guidance to develop the optimized alignment that meets the City’s operational needs. Preferred Alignment Selection Workshop Jacobs will present alternatives for incorporation of stakeholder feedback on the optimized alignment. This is expected to include requests from the historic groups, adjacent landowners, cities, and other stakeholders. Jacobs will work with the City to identify the preferred alignment that incorporates the feedback for development of a comparative cost estimate and implementation schedule. TASK 9 – Preliminary Design The preliminary design will include 30% level plan and profile drawings with the hydraulic grade lines. The preliminary design provides the basis for the next phase of the project and will include the pipeline diameter(s), rehabilitation areas, connection details for the McClellan pump station, contract user turnouts, augmentation release structures, flow measurement facilities, operations and controls, existing utility protection and maintenance access. Proposed Alignment and Preliminary Design Presentation Workshop Jacobs will present the selected alternative from Task 8 and the preliminary design. This will include discussion of the pipe size, alignment, connections, turnouts, hydraulics, operations, flow measurement, safety, security, environmental mitigation, stormwater analysis, and preservation of existing ditch features (where applicable for selected alternative). After agreement on the preliminary design approach, Jacobs will finalize the preliminary design and report for the City’s review. TASK 10 – Implementation Schedule and Cost Estimate Jacobs will prepare a detailed cost estimate for the optimized alignment. After the stakeholder engagement meetings, Jacobs will prepare a complimentary cost estimate of the alternative incorporating the stakeholder requested modifications for comparison of the two project costs directly. The cost estimate will include the construction of the new pipeline, proposed rehabilitation/replacement of the existing pipeline, removal of open channel appurtenances and replacement with pressure style appurtenances (such as replacing manholes with entrance manways). Our construction schedule will identify critical path items for design, permitting, and reviews. A detailed understanding of the construction activities and schedule requirements will provide a more accurate estimate of the time required to build the project. Objective Collaboratively identify and refine potential pipeline alignment Key Elements Alternatives Review and Preferred Alignment Selection Workshops Objective Prepare cost estimates for the optimized alignment and of the alternative for comparison Key Elements Reliable Cost Estimate and Realistic Implementation Schedule Objective Prepare preliminary design of the selected implementation project Key Element Proposed Alignment and Preliminary Design Presentation Workshop 8 Page 341 of 405 Proposal for City of Englewood City Ditch Piping Phase I CITY OF ENGLEWOOD CITY DITCH PIPING PROJECT – ALIGNMENT CHALLENGES AND SOLUTIONS Reach 2 Linhart Lake to LiƩleton Cemetery Reach 4 Belleview Park to North Reservoir ConsideraƟons for OpƟmized Pipe Alignment: ConsideraƟons for OpƟmized Pipe Alignment: ConsideraƟons for OpƟmized Pipe Alignment: ConsideraƟons for OpƟmized Pipe Alignment: »Review topography and uƟlize exisƟng ditch alignment in the northern secƟon. »Consider alternaƟve in public right-of-way and City of LiƩleton-owned property. »Review opƟons for decreasing construcƟon costs with simpler rouƟng in streets. Review condiƟon informaƟon for pipeline segments between Reaches 2 and 3 to determine if replacing the pipe in the streets would opƟmize the construcƟon cost (AlternaƟve B). »Maintain access for operaƟons and maintenance. »Review requirements for pipe installaƟon in BNSF property. » Consider alternaƟve in public right-of-way and City of LiƩleton-owned property. »UƟlize Ditch-owned property as an asset for the pipe alignment or negoƟaƟon for easements. » NegoƟate with land owners/developers for the shortest pipe versus least impacƞul to the development plans. »Maintain access for operaƟons and LiƩleton owned property maintenance and flow measurement. »Detailed connecƟon at pump staƟon to maintain and improve system funcƟonality. »Evaluate radio system at pump staƟon for improved automaƟon and connecƟvity to plant. »UƟlize exisƟng paths and local roads to minimize pipe length in Belleview Park alignment in the northern secƟon. »Consider alternaƟve in public right-of-way and City of LiƩleton-owned property. »Consider alternaƟve in public right-of-way with careful consideraƟon of exisƟng overhead power and water uƟliƟes. »Review opƟons for decreasing construcƟon costs with simpler rouƟng in streets. »Consider construcƟon in the winter to reduce impacts to park users. »Consider connecƟons to exisƟng pipelines to reduce pipe length on the area of the water plant and reservoir. »Maintain access for operaƟons and maintenance. Challenge: Parallel overhead power lines SoluƟon: Consider in street or established travel areas in park Challenge: Topography limits installaƟon area available SoluƟon: UƟlize prescripƟve easement or right-of-way for pipe Challenge: Big Dry Creek crossings SoluƟon: Minimize crossing Length Challenge: Shorten length of pipe versus meandering ditch SoluƟon: UƟlize dedicated right-of-way for straightened alignment Challenge: InstallaƟon of pipe in BNSF property SoluƟon: Consider City of LiƩleton- owned property as alternaƟve Challenge: School property SoluƟon: Consider transferring City Ditch property in exchange for easements Challenge: Ditch as asset in lake area SoluƟon: Release easements to property owners and avoid lake Reach 3 Slaughterhouse Gulch Park to Belleview Avenue Reach 1 McLellan Pump StaƟon to Mineral Avenue Challenge: Reduce pipe length and straighten alignment SoluƟon: Coordinate with land owner for easements Challenge: Coordinate with developer to install pipe SoluƟon: IdenƟfy design requirements for pipe through development Challenge: Determine best alignment SoluƟon:NegoƟate with developer/ owner Challenge: Eliminate flume while maintaining augmentaƟon release capability SoluƟon: Install buried crossing with blow-off style controlled release 9Page 342 of 405 Project Risk Matrix Jacobs will develop a project risk matrix that identifies the project success measures and the risks toward successful completion as well as documents fatal flaws. The risk matrix will also identify the mitigation plan for each project risk and the keys toward the success factors. Project risks include the following (further definition of risks will occur as the project progresses): Complex permitting approval processes and un- supportive stakeholders. Costly easements or oppositional landowners. Limitations for flexible operation strategies. Increased project costs due to unexpected below-grade conditions. Failures to meet project objectives for system efficiency or utilization of existing infrastructure. Unexpected project costs arising from changes during design development. Project Management and QA/QC Process Quality is the heart of Jacobs’ culture and success: We view quality as a continuous process that must be built into the project from the onset and followed through to project closeout.Our approach to project management is based on concepts from our proven Project Delivery System™. We will use our quality review form to track City and internal senior technical review comments and document responses to provide thorough, transparent, and responsive quality management review. The core of our QA/QC program focuses on our technical experts and their extensive experience on similar projects. Our QA/QC process for this project will be managed by Adam Murdock, who will provide guidance and independent review of deliverables, confirming we are doing “the right thing right, the first time.” Project Schedule Our proposed schedule that identifies phases of work, main tasks, and completion dates of the major milestones is presented above. 10 Page 343 of 405 Proposal Part 4 Page 344 of 405 Part 4 –Draft Agreement Review In the last several years, Jacobs and City have successfully executed Professional Services Agreements with terms that contained mutually negotiated modifications. Should Jacobs succeed in the City’s selection for the City Ditch Piping Project Phase I. we ask the City to consider the modifications in the redlined PSA attached which are similar to changes the City and Jacobs have agreed to for prior projects. Page 345 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # PROFESSIONAL SERVICES AGREEMENT Contract Number __________ This Professional Services Agreement (the “Agreement”) is made as of this _____ day of , ____________, 2022 ,__, (the “Effective Date”) by and between Jacobs Engineering Group Inc.,___________________, a Delaware___________ 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. (c) "Contract" shall mean this instrument, Attachment A the Outline of the Statement of Work, Attachment B Consultant's Proposal, Attachment C Certificate of Insurance, and any instruments, drawings and documents which are attached or incorporated by reference. The Consultant, by executing this Contract, agrees to comply with all such terms and conditions and attachments. In addition, any exhibits provided by the Page 346 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # Consultant, shall be incorporated and made a part of this Contract. 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 Attachment A (the “Outline of 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 degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed Consultant will reperform any services not meeting this standard without additional compensation.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. City shall not hold Consultant responsible for damages or performance delays caused by circumstances beyond its control, and which could not reasonably have been anticipated or prevented. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in thea 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 thea 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 Page 347 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 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 and upon reasonable notice 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. Accounting records will be available to City during Consultant's normal business hours for a period of one (1) year after Consultant’s final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. City may only audit accounting records applicable to a cost- reimbursable type compensation. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, if the parties desire to extend this Agreement beyond the one-year period, written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period. If the parties agree to the request for renewal, the parties shall then enter into a renewal extending this Agreement including a new Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies. The parties also understand and acknowledge that the extension of this contract beyond the initial one-year period is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as 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) Page 348 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 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 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. Page 349 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # (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 24-72-201 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, 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 may 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 relating to the use and protection of Confidential Information shall survive three (3) years after the expiration or termination of this Agreement for any reason. Page 350 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 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 Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant, 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) related to third party), bodily injury including death, or and other personal injuries, damage to tangible property to the extent, and other damages, of any kind or Page 351 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement., or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Except for claims that flow from City which are not capped by this Agreement the total aggregate liability of Consultant to City arising out of the performance or breach of this Agreement shall not exceed the amount paid to Consultant under this Agreement. Notwithstanding any other provision of this Agreement, Consultant and City agree that in no event will either party be liable to the other under this Agreement for contingent, consequential or other indirect damages including, without limitation, damages for loss of use, revenue or profit; operating costs and facility downtime; or other similar business interruption losses, however the same may be caused. The limitations and exclusions of liability set forth in this Agreement shall apply regardless of the fault, breach of contract, tort (including the concurrent or sole and exclusive negligence), strict liability or otherwise. (cb) 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: (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. (dc) Indemnification Procedures. Notwithstanding 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. (ed) 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: Page 352 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # (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 and in the aggregate. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount ofnot less than one million dollars ($1,000,000) per claim and in the aggregateoccurrence. (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 ofnot less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance for Commercial General Liability and Automobile Liability 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. City agrees to indemnify Consultant and Consultant’s officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses and costs including, but not limited to, litigation expenses and attorney’s fees arising out of or related to the unauthorized reuse, change or alteration of the Work product and 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 Page 353 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 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, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 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. (a) Attorney Fees. 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 the 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. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written Page 354 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 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 eaffect 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 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 Page 355 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # been approved or endorsed by City or include the name, trademark, 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. [HC1]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 Workers without Authorization: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with a Worker without Authorization 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 a Worker without Authorization 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 a Worker without Authorization, 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 a Worker without Authorization; 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 Worker without Authorization; 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 Worker without Authorization. (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 Page 356 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 PSA # remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. Page 357 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA # 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) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk Jacobs Engineering Group Inc. (Consultant Name) 6312 S. Fiddler Green Circle, Suite 300 N Address Greenwood Village, CO 80111 City, State, Zip Code By: (Signature) Stephanie Harrison (Print Name) Title: Vice President ______________________________ Page 358 of 405 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA # Date: ______________________________ Page 359 of 405 Appendix A, Key Personnel Resumes Page 360 of 405 Liv Haugen, PE | Project Manager Education MS, Bioresource/Agricultural Engineering, Colorado State University BS, Bioresource/Agricultural Engineering and Chemical Engineering, Colorado State University Professional Registrations Professional Engineer: CO, CA, NE Distinguishing Qualifications • Offers a successful track record of project leadership including more than 13 years of pipeline-related project delivery in the Denver Metropolitan area. • More than 18 years of experience focused on delivery of project planning, design, condition assessment and rehabilitation for water, storm, and wastewater pipelines including permitting coordination and construction. Experience includes large- and small-diameter pipeline design and construction in a variety of materials including welded-steel, ductile-iron, PVC, HDPE, and GRP. • Has provided design services including alignment studies, hydraulic models, final design, and services during construction for more than 100 miles pipelines. • Provided permitting support services for design projects including county 1041 permitting and federal permitting for wetland, cultural, historical, and endangered species. Representative Projects PROJECT MANAGER | Binney South Metro Water Infrastructure and Supply Efficiency (WISE) Authority (SMWA) Pipeline and Pump Station Studies, CO. Providing project management for pipeline alignment study and pump station alternatives evaluation for the Binney Connection for the regional WISE project. The project includes evaluation of alternative pipeline alignments for approximately 5 miles of 42-inch potable water pipeline. The evaluation includes collection of detailed information for property ownership, development plans, existing utilities, and master planned infrastructure. The evaluation considers land requirements, permit needs, construction challenges, environmental considerations, operations and maintenance considerations, and estimated project cost (construction and easements). The pump station evaluation includes comparison of different configurations to move water from the Binney Water Purification Facility to the Smoky Hill tank and WISE pipeline. Similar considerations were evaluated in the analysis. The configuration options address chemical storage and addition, pumping requirements, disinfection, and storage. The recommended configuration will be advanced through final design and construction. PROJECT MANAGER | Ridgegate Line/ WISE Infrastructure Project, Parker Water and Sanitation District, CO. Providing project management for design and construction of the Ridgegate Line and Rueter-Hess Water Purification Facility improvements related to the regional WISE project. The project includes the design of 4 miles of 42-inch welded-steel pipeline, flow control facilities, conversion of the water treatment facility from residual free chlorine to chloramine, and finished water pumping capacity increase. Additionally, the project includes coordination with local municipalities and federal agencies for permitting ranging from traffic control to wetlands and cultural resources. SENIOR TECHNICAL CONSULTANT | Green Ridge Glade Reservoir, City of Fort Collins, CO. The City desired a reservoir bypass to allow for direct flows from the Charles Hansen Feeder Canal to the WTP to provide flexibility for operation during algae and taste and odor events. Jacobs designed a canal diversion structure, pipeline, and flow control structure allowing flows of up to 8.5 mgd to bypass the reservoir while simultaneously diverting water to the reservoir when necessary. The design successfully coordinates flow controls with river source and reservoir sources than can be blended with bypass flows. The result is a redundant supply of high-quality water that provides source flexibility during poor water quality events or disruption to Greenridge Glade reservoir operation, improving the resiliency of the WTP operations. PROJECT MANAGER | Havana Street 30-Inch Steel Water Line Renewal Project, Aurora Water, CO. An existing 30-inch steel water line in Havana St. between 1st Ave. and 6th Ave. needs rehabilitation through areas where there are known corrosive Page 361 of 405 soil contaminants. The length of this section of water line is approximately 3,700 feet. Jacobs’ design included transitions between pipe materials and new valve configurations and details to optimize operation of the rehabilitated water line. Construction-phase services will include material submittal reviews and yield an opportunity to validate condition assessment efforts previously performed on the water line. DESIGN ENGINEER | Quincy Intertie Vault Project, Aurora Water, CO. The existing Quincy Intertie is a network of pipelines and valves that facilitate the flow of water between the CCWF, Quincy Reservoir, Griswold WPF, Wemlinger WPF, and Aurora Reservoir. The existing Quincy Intertie consists of six valves, two vaults, and two flow meters. The project consolidated valves and controls into one vault to more efficiently manage operations of flows between Cherry Creek Well Field, Quincy Reservoir, Griswold Water Purification Facility, Wemlinger WPF, and Aurora Reservoir. SENIOR TECHNICAL RESOURCE | 2018/2019 Water Line System Improvements Project, Aurora, CO. Providing senior technical review and quality leadership for the survey, design, and environmental services to replace 9,000 lf of old cast and ductile iron small diameter water lines in a residential area west of Havana Street, near the intersection of 3rd Avenue. The project includes design of a new water line to remove services from the existing 30-inch water line in Havana Street. Challenges have included the evaluation of pipe materials in areas of soil and groundwater contamination. SENIOR TECHNICAL RESOURCE | Colorado Department of Transportation/Little Thompson Water District/Central Weld County Water District, CO. Providing senior technical review and leadership for the relocation of approximately 4,000 feet of 42-inch-high pressure water transmission main. The project includes relocating the water line to allow for construction of a new highway interchange. The water transmission main operates at pressures up to 300 psi and is a primary conveyance main for the water districts. The project challenges include addressing thrust restraint and coordinating shutdown and water supply resiliency during the construction of the connections between the existing and relocated mains. DESIGN ENGINEER | Northeast Weld Transmission II (NEWT II) Pipeline, East Larimer County and North Weld County Water District, Fort Collins, CO. Providing design services as a subconsultant to Farnsworth Group for 18,600 feet of 42-inch water transmission pipeline. Responsible for welded-steel pipe calculations, cathodic protection design, and providing large-diameter pipeline installation input to the overall project design. ASSISTANT PROJECT MANAGER | Box Creek Reservoir Preliminary Design, Aurora, CO. Providing project management support for identification of dam and reservoir storage alternatives, evaluation of alternatives, and selection of the preferred alternative. The project is intended to provide valuable, high-elevation raw water storage for Aurora Water and includes challenges such as federal permitting triggers, land acquisition, geotechnical and seismic concerns, road realignments. The project involves developing criteria for evaluation of the alternatives to support Aurora with identification of the preferred dam alignment and storage volume for the facility. DESIGN MANAGER AND SERVICES DURING CONSTRUCTION MANAGER | Prairie Waters Project North Campus, Aurora, CO. Provided design and services during construction management for the final design of the North Campus portion of the Prairie Waters Project. The project also included approximately 4 miles of 36- and 42 inch-diameter pipeline with several trenchless crossings of roadways and irrigation ditches. PROJECT ENGINEER | Southern Delivery System, Colorado Springs, CO. Prepared welded-steel pipeline design calculations to support project cost estimating and alternative evaluation. Developed technical memorandum defining the approach for welded-steel pipeline design for the project, which includes 66 miles of pipeline conveying raw water supply. Developed alternatives to evaluate hydraulic capacity versus design considerations for pipeline diameters to support decisions related to selecting the most cost-efficient alternatives to convey the water supply. Page 362 of 405 Jamal Williams, P.Eng., LEED | Project Engineer Education BS, Civil Engineering, Old Dominion University Professional Registrations Professional Engineer, British Columbia LEED Green Associate, USGBC Distinguishing Qualifications • Specializes in the design of large-diameter pipe for water and has experience with the rehabilitation of pumping stations and water storage towers. • Assisted in the development of hydraulic models for the management, planning, and design of municipal water and wastewater systems. • Has field experience in utility condition assessment and in the use of hydraulic modeling software. Representative Projects CIVIL ENGINEER | Denver, CO. Served as the lead design engineer in the design of water and sewer Provided technical support for a variety of water and wastewater system related projects. • Produced project specifications for large diameter pipeline projects. Conducted a hydraulic surge analysis on a penstock for a hydroelectric dam pipelines. • Produced cost estimates for water and sewer pipeline projects. PROJECT ENGINEER | Houston and San Antonio, TX. • Produced engineering drawings for large diameter pipelines and sanitary sewer lift stations. • Prepared hydraulic calculations to size wet wells. • Prepared casing calculations and restraint calculations for large-diameter pipe. Prepared design specifications for a WWTP Equalization Basin. • Reviewed survey submittals from surveyors to use in construction drawings. • Assisted in managing and writing subcontracts and contracts. • Prepared cost analyses, tracked change orders, and managed schedules to improve project efficiency. • Delivered detailed and concise directives to team members and worked closely with organizational managers to facilitate project success. • Performed quality take-offs and maintained a safe working environment to ensure risk mitigation. • Reviewed design drawings, contractor submittals, design specifications, and customer requirements for newly engineered components and processes. • Prepared daily project status updates to keep staff up-to-date on program changes and task requirements. • Drafted and submitted engineering change orders for review. • Maintained open and effective communications with project teams to increase productivity. • Developed project specifications, cost estimates, and schedules. • Created detailed preliminary engineering reports, bid proposals, and environmental impact studies. 3 Page 363 of 405 Adam Murdock, PE | QA/QC Manager Education MS, Civil and Environmental (Hydraulics), Utah State University BS, Civil Engineering, Utah State University Professional Registrations Professional Engineer: CO and UT Distinguishing Qualifications • 20-year career focused on the design and construction management of water storage and conveyance infrastructure projects • Project manager and engineer-of-record for more than 200 miles of large-diameter pipelines up to 132 inches in diameter • Understands the complexity associated with working in heavy traffic and utility congested corridors and the importance of coordinating and collaborating with all project stakeholders Representative Projects PROJECT MANAGER/ENGINEER-OF-RECORD | Provo Reservoir Canal Enclosure Project, Bureau of Land Management and Provo Water Users Association, UT. This $150-million project included enclosing the 21-mile-long canal with a 126-inch-diameter pipeline and increasing the capacity to 626 cfs (400 mgd) to help meet the growing water needs of more than 1 million end users along the Wasatch Front. Project was designed and bid with alternatives that included 144-inch to 120-inch welded steel pipe (AWWA C200), reinforced concrete pressure pipe (AWWA C302), and a 14-foot by 10-foot cast-in-place concrete box culvert. Project included more than 40 separate metering/turnout structures and two major flow control structures that used specially design plunger valves to deliver up to 562 cfs. A comprehensive hydraulic and surge analysis was completed for the project. Responsible for coordinating the project with 7 different cities that the canal traverses, 26 different utility companies that had more than 500 different utility crossings and multiple jurisdictional agencies located in Utah County. The project required the reconstruction of the 550-cfs Murdock Diversion Structure on the Provo River that included design of a hydraulic trash rack, conveyor system, and traveling screens. Crossing of the major I-15 interstate was accomplished by slip lining the existing 90-inch RCP siphon with a steel liner. PROJECT MANAGER/ENGINEER-OF-RECORD | Spanish Fork Provo Reservoir Canal Pipeline Provo Reach 2, Central Utah Water Conservancy District, UT. This $41 million project included the design of a 6-mile-long, 60-inch-diameter high pressure (300 to 450 psi) steel pipeline through heavily congested streets (traffic and utilities) of Provo City, Utah. Project included the preparation and approval of an environmental assessment (NEPA) that considered and evaluated multiple alignments through Provo City based on impacts to traffic, utilities, public health and safety, geological hazards, historical/cultural, and many other environmental resources. The project included the design of multiple air valve and blow off appurtenance facilities including an automated emergency drain structure that utilities a special designed plunger valve. Final design included the preparation of detailed traffic control and routing plans, multiple utility relocations for culinary water and sanitary sewer, and preparation of right-of-way and easement drawings required for construction. DESIGN MANAGER| Salinity Control/Canal Enclosure Projects, Duchesne County Water Conservancy District, UT. This $22 million Design/Build Project included converting 70 miles of open-channel canals to pressurized irrigation systems with pipe sizes ranging from 24- to 66-inches in diameter. Project included screened diversion/intake structures, regulating reservoirs, pressure reducing stations, and over 150 turnouts to serve on farm systems. PROJECT MANAGER/ ENGINEER-OF-RECORD | Central Utah Project—Utah Lake System, Central Utah Water Conservancy District, UT. This $220 million project included the design of a 35-mile-long aqueduct system that included 7 miles of 96-inch-diameter welded steel pipe, 19 miles of 60-inch-diameter high pressure steel pipeline through heavily congested streets, and 6 miles of 54-inch and 42-inch HDPE pipe along the Mapleton lateral. Provided design and construction support on 13 separate construction contracts, including pipelines, flow control structures, valve stations, and regulating reservoir. High-pressure system (450 psi) with four separate 120 cfs flow control structures. Required detail understanding of the overall system operations, hydraulics and transient analysis. Project included multiple 120 cfs flow control structures, emergency drainage structures, 4 Page 364 of 405 appurtenance facilities, and a 7-MG regulating storage reservoir. Pipeline pig launching and receiving structures incorporated into the design for both the 96-inch and 60-inch pipelines. Project required preparation and approval of environmental assessments (EAs) that included evaluations of various alignment alternatives. Project required a Section 404 Stream Alteration Permit and special restoration requirements for pipeline river crossings, detailed traffic control and routing plans, multiple utility relocations, and preparation and acquisition of right-of-way and easement required for construction. PROJECT ENGINEER | Olmsted Flowline Rehabilitation and Replacement Project, Central Utah Water Conservancy District, UT. This project included the replacement of an existing 8.5-foot-diameter aboveground pipeline with a 2.5-mile-long, 10-foot-diameter pipeline that was buried expect where the alignment crossed active landslides. As part of this project, was primarily responsible for the design of the pipeline across the active landslides which included approximately 900 feet of aboveground 120-inch diameter steel pipe and approximately 400 feet of aboveground 90-inch-diameter steel pipe. The design of the aboveground pipe included the design of ring girders placed on Teflon sliding pads and nine expansion joints. Also responsible for the design of an access road and single lane 90-foot span bridge across the Provo River, 24-foot wide by 14-foot-high aluminum box culvert bike path underpass, various hydraulic structures, and other pipeline appurtenances. This project was a 2005 ACEC Grand Award winner and has received many other awards among various engineering and contractor organizations. PROJECT MANAGER/ENGINEER-OF-RECORD | 3200 West and South West Aqueduct Pipeline, Jordan Valley Water Conservancy District, UT. Served as project manager for the design of 6.5 miles of 36-inch-diameter steel and ductile iron pipe and 1,500 feet of 60-inch-diameter steel pipe along the 3200 West Roadway. The project included the design of four pressure reducing meter vaults, a major flow control structure, and connections to existing pump stations and meter vaults. As part of this project, an extensive utility investigation and potholing program was completed as well as a geotechnical exploration program to identify subsurface soil conditions and assess the corrosion potential of the existing soil. The project also included the preparation of traffic control plans and specifications to help the contractor understand his working limits and traffic movements that had to be maintained during construction. 5 Page 365 of 405 Stephanie Harrison, PE, PMP | Senior Technical Advisor Education BS, Agricultural and Biosystems Engineering, University of Arizona Professional Registrations Professional Engineer: CO, NM, and HI Distinguishing Qualifications • Specialized water resources experience in water supply planning for municipal and agricultural use, hydrology and hydraulics analysis, storm drainage management, for large-diameter pipelines and pump stations. • Expertise in Colorado permitting requirements, including Section 404, Pueblo County 1041, National Environmental Policy Act (NEPA) assessments, site approval plans, development plans, State Engineer's Office (SEO) applications, and Special Use Permits. Representative Projects DESIGN MANAGER | Intake Screen and Tunnel Design Manager, Eastern New Mexico Rural Water Authority, NM. The Eastern New Mexico Rural Water System is a comprehensive water supply project that delivers raw water from the Ute Reservoir to a new WTP north of the town of Grady. The project generally includes raw water pipelines and pump stations, water storage tanks, a water treatment plant and finished water pipelines. The project is hydraulically sized to transfer up to 30 mgd from the Ute Reservoir to the water treatment plant via the raw water conveyance system. This project is currently in the final design phase for the intake screens, tunnel, and pump shaft. As design manager, Stephanie provided design management, final mechanical design and layout for the intake and pump shaft, hydraulic analysis of the raw water pumping system, and final pump selection for the pump station. PROJECT MANAGER | 33rd Street Intake and Pump Station Design Optimization, Colorado Springs Utilities, Colorado Springs, CO. The 33rd Street Intake and Pump Station conveys flow from Fountain Creek to the Mesa Water Treatment Plant (WTP) and is currently at the end of its useful life. The primary objective of this phase of the project was to develop an optimized intake and pump station design that will deliver a maximum flow of 9 mgd of raw water from Fountain Creek to the Mesa WTP while maximizing operating times, reducing maintenance for sediment and debris removal, and minimizing sediment transport and residual turbidity delivered to Mesa WTP. DESIGN MANAGER | Pueblo Dam Connections, Southern Delivery System, Colorado Springs Utilities, Colorado Springs, CO. The Pueblo Dam is described by Bureau of Reclamation as concrete massive head buttress with embankment wing dams. The Pueblo Dam Connections includes modifications to the existing River Outlet Works structure, a steel lined tunnel, installation of a rotary cone and fixed cone valve, and construction of a 90-inch raw water conveyance pipeline. In general, a pipeline will be installed from the connection location at the River Outlet Work to the future Juniper Pump Station site and connected to the pump station suction header that will branch off and feed individual vertical pumping units. PROJECT MANAGER | Granby Hydropower Design Project, Northern Colorado Water Conservancy District (NCWCD), Loveland, CO. The NCWCD desired to have a feasibility study and design performed for the Granby Hydropower Project to include with the Lease of Power Privilege Application solicited by the Department of Interior. The anticipated facilities include removal of existing discharge valves, modification and connection to the existing gate chamber to provide penstock transition, a new 500-foot penstock within the existing 11-foot diameter discharge tunnel, penstock bifurcation with branches serving a new turbine generator and outlet works (bypass) valve. As project manager, Stephanie provided project management, agency coordination, mechanical design and layout for the penstock transition, hydraulic analysis of the penstock serving the hydropower facility, report development and design delivery. 6 Page 366 of 405 Ken Hansen, PE | Hydraulic Capacity Analysis Education MS and BS, Civil and Environmental Engineering, Utah State University Professional Registrations Professional Engineer: WY and ID Distinguishing Qualifications • Designed and evaluated irrigation systems, performed channel surveys, open channel hydraulics, pipeline conveyance, pump stations, rehabilitation of different facilities including a large, inverted siphon and concrete canals, canal headworks, and evaluating water conservation measures. • Performed power production modeling of hydroelectric power facilities under varying operating conditions and constraints for feasibility studies, assessments, and final design. Representative Projects LEAD FOR HYDRAULIC ANALYSIS | Green Ridge Glade Reservoir, City of Fort Collins, CO. The City desired a reservoir bypass to allow for direct flows from the Charles Hansen Feeder Canal to the WTP to provide flexibility for operation during algae and taste and odor events. Jacobs designed a canal diversion structure, pipeline, and flow control structure allowing flows of up to 8.5 mgd to bypass the reservoir while simultaneously diverting water to the reservoir when necessary. The design successfully coordinates flow controls with river source and reservoir sources than can be blended with bypass flows. The result is a redundant supply of high-quality water that provides source flexibility during poor water quality events or disruption to Greenridge Glade reservoir operation, improving the resiliency of the WTP operations. HYDRAULIC ENGINEER | Pueblo Dam River Outlet Works, Colorado Springs Utilities, Colorado Springs, CO. The present river outlet works configuration consists of an intake screen and bell mouth opening that transitions into a 4-foot by 4- foot stainless steel lined tunnel. Two four-foot square throttling gates attach to the tunnel and discharge into a flared unlined concrete tunnel that discharges into the Arkansas River. To tap the river outlet flow, a connection will be made to the existing four foot by 4-foot outlet flange using a transition to circular pipe section to 90-inch and 108-inch to reach a fixed cone valve facility. Prepared a CFD model to evaluate the flow characteristics of the system and predict negative pressures in the proposed river outlet piping connection. HYDRAULIC TASK LEAD | Engineering Report for Box Creek Dam and Reservoir, Aurora Water, CO. The Box Creek storage site is located approximately 8 miles south of Leadville in the Box Creek valley, a direct tributary to the Upper Arkansas River. The proposed Box Creek Reservoir will provide an important water storage asset to the City of Aurora’s water supply portfolio. Developed all the hydraulic structures related to the 170-foot-high dam including a spillway chute and conduit design that mitigated many dam-related issues including avoiding historic landslides at an abutment while also avoid issues relatively high embankment settlement. His hydraulic design efficiently combined discharge from the low-level penstock and valve chamber with the spillway conveyance to one stilling basin strategically located to efficiently transition back to the natural stream. Design of the inlet structures mitigated icing related issues both in the conveyance from the river diversion and in the reservoir. Currently developing the concept design for the river intake and 8 miles of conveyance pipeline to the dam. LEAD FOR HYDRAULIC ANALYSES | CFD Modeling, and Physical Modeling, Lane City Reservoir, LCRA, TX. Scope includes design of 40,000 AF off-channel reservoir and associated conveyance facilities. Facilities include a drop box spillway, stilling basin, reservoir inlet and outlet structures, river outfall and still well, and 700 cfs relift pump station. LEAD HYDRAULIC DESIGN ENGINEER | Carmen Smith Hydroelectric Project, EWEB, OR. Led the hydraulic designs of the spillway passage alternative, outlet gates, high head (500 ft) bifurication and outlet works, 1500 cfs floating fish screen, Kaplan transient analysis, spawning channel, 99-pool fish ladder. The diversion design included replacement of stop logs with a roller gate, 14-pool fish ladder, and replacement of the spillway crest. Page 367 of 405 Lisa Sigler, APR | Public Outreach Education BS, Journalism/Public Relations, Colorado State University Registrations Accredited through Public Relations Society of America Distinguishing Qualifications • 30 years of experience in strategic communications, stakeholder engagement, issues management and marketing/public relations. • Skilled project manager of large, complex and often controversial projects. • A seasoned strategist and counselor, she has worked with dozens of Fortune 500 companies, government agencies/entities, non-profits and trade associations. She has successfully managed to help clients plan, permit, construct and operate projects ranging from $500 million to $2 billion. Representative Projects Developed a reputation as one of the best strategists in the country working on issues related to the economy and agriculture. Has guided the communications efforts for numerous large water projects and water issues including Southern Delivery System, SPROWG, Lake Powell Pipeline, Bois d’Arc Lake, Lake Ralph Hall, NISP, Gross Reservoir Expansion, St. Vrain and Left Hand Water District and Aurora Water. Public Relations Strategist, Northern Water Conservancy District. Helped mobilize local cities, industry and the agricultural community to advocate for new water storage projects. Part of a team that assembled and organized more than 100 diverse supporters for Northern, which was ultimately key to advancing the project. Builds strong support networks and crafts compelling, simple and effective messaging to persuade people either to support or at least remain open to key projects by developing win-win solutions. Niche expertise includes water, public infrastructure, environmental and natural resource issues, healthcare, and corporate communications. Our clients value her direct approach, fanatical commitment to client service and results, and her desire to deliver high quality work cost effectively. Before opening Sigler Communications in 1996, served Vice President for one of the largest public affairs firms in Colorado and worked on several large, complex projects including the cleanup and closure of Rocky Flats, the Rocky Mountain Arsenal and the Globeville Superfund Site. 8 Page 368 of 405 Robert Guptill, PLS | Field Survey/Utility Locate Services Education Wentworth Institute of Technology Professional Registrations Professional Land Surveyor: CO Distinguishing Qualifications • Diverse background in the geospatial industry with over 16 years of survey experience. • Performs boundary investigations, topographic design surveys, geodetic control surveys, 3D laser scanning, ALTA surveys, right-of-way (ROW) surveys and as-built surveys. • Experience with plotting deeds, boundary determination, title inspection, scheduling field crews, project scoping and budgets, processing topographic surveys, calculating alignments, drafting monument records and ROW plans. • Assist with the review of maps, plats, construction plans, topographic surveys, and right-of-wat plans. Representative Projects PROJECT SURVEY SPECIALIST | Mesa to Manitou, Phases 3-5, Colorado Springs Utilities, CO. Assists with budget development and monitoring. Oversees development of a project wide base file of survey and subsurface utilities. Coordinates and manages potholing and traffic control subconsultants. Develops and provides quality control checks of SUE plan set. Jacobs is providing geomatics and Subsurface Utility Engineering (SUE) services in support of design for three miles of a natural gas line. Topographic data was collected by Mobile Light Detection and Ranging System also known as MLS and reduced and used to build a Digital Terrain Model (DTM) for the three phases of the project. Subsurface utility research, investigation and designation was performed to create a utility base file and subsequent SUE plan set meeting Colorado Revised Statutes, Title 9, Article 1.5 and the American Society of Civil Engineers (ASCE) 38-02 Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data. PROJECT SURVEY SPECIALIST | South Bridge, Colorado Department of Transportation (CDOT) Region 3, CO. Responsibilities involve assist with budget development and monitoring, oversee development of a project wide base file of highway ROW and adjoining. Jacobs is providing provides geomatics services in support of Preliminary Design for a critical second access between State Highway (SH) 82 and the western side of the Roaring Fork River in the South Glenwood Springs area. The new route would improve emergency evacuation, emergency service access, and local land use access. The study includes roadway alignment and bridge structure type alternatives, a full environmental assessment, public involvement, and preliminary design. The design also included two roundabouts and a cut and cover tunnel. Services include control, aerial photogrammetry & aerial mapping, hydrographic survey, topographic survey, project base map, existing utility location, and ROW plan set between SH 82 and the Roaring Fork River, and property descriptions. PROJECT SURVEY SPECIALIST | I-25 GAP Monument to E-470, CDOT Region 1, CO. Provided process topographic, utility and drainage surveys following CDOT standards. He updated and managed the digital terrain model for the 18-mile corridor. Bob also coordinated and tracked the setting of ROW monuments. CDOT requested a design, utility, and ROW survey for the CDOT for an approximately 18-mile-long segment of Interstate 25 between Castle Rock, CO and Monument, CO. This project integrated survey services, including conventional survey, aerial survey/ photogrammetry, utility location, ROW management, GIS and high-definition laser scanning to produce a very robust 30% design level mapping to jump start the engineering effort. The scope of work also included preparing CDOT ROW Plans as well as preparation of legal descriptions for acquisition parcels and temporary construction easement for the extents of the project. 9 Page 369 of 405 Contact: Liv Haugen, PE Project Manager 6312 S. Fiddlers Green Circle Suite 300N Greenwood Village, CO 80111 Liv.Haugen@jacobs.com (720) 470-8311 Page 370 of 405 Cost Proposal for City Ditch Piping Phase I Submitted to: City of Englewood August 9, 2022 RFP No. 22-030 Page 371 of 405 6312 S. Fiddlers Green Circle Suite 300N Greenwood Village, CO 80111 www.jacobs.com August 9, 2022 Stephanie Ellis, PE, Project Manager Engineer II City of Englewood Utilities 1000 Englewood Parkway Englewood, CO 80110 Subject: Request for Proposal #22-030, City Ditch Piping Program Dear Ms. Ellis, Jacobs Engineering Group Inc. (Jacobs) has prepared the following price for your consideration. Our proposed price in Table 1 is based on the project configuration as defined in the Request for Proposal and the included Statement of Work. TABLE 1. PRICE PROPOSAL SUMMARY Task #Task Name Hours Subconsultant Price 1 Project Management 170 $2,000 3 $34,656 2 Data Reconnaissance and Acquisition 248 1 $35,322 3 Condition Assessment 88 $52,720 2 $69,016 4 Hydraulic and Capacity Analysis 290 $56,296 5 Public Outreach 106 $40,500 3 $62,613 6 Environmental Compliance and Permitting Plan 124 $20,440 7 Easement Assessment and Acquisition Plan 169 1 $25,508 8 Alternatives Analysis and Preferred Alternative Selection Plan 335 $54,058 9 Preliminary Design 292 $48,420 10 Implementation Schedule and Cost Estimate 87 $15,108 TOTAL:1,909 $95,220 $421,257 1.The hours total for tasks 2 and 7 include survey activities. Survey will be completed by internal staff. 2.QP Services, LLC – CCTV Condition Assessment 3.Sigler Communications, Inc. – Public Relations and Communication Jacobs has reviewed the terms of the sample Professional Services Agreement for the design services. While we find these terms generally acceptable as a basis for negotiating an agreement and since it was presented only as a proposed, non-binding agreement, we do reserve the right discuss reasonable modifications to the final agreement. Our proposed revisions to the Professional Services Agreement are included as Part 4 of the proposal. Our cost estimate includes a limited number of assumptions that are not clarified in the provided scope of work. These assumptions include the following: 1.Project Management: A total seven workshops as described in the project schedule are assumed and included in the fee estimate. 2.Surveying: Right of Entry will not be required. Jacobs will have reasonable access to the AOI. Traffic Control will not be required as part of this scope of work. This scope of work is not intended to satisfy Colorado SB-18-167 and American Society of Civil Engineers (ASCE) 38 Standards. Further, subsurface utilities will not be induced, designated, or surveyed. Utility test holes (potholes) are not a part of this scope of work. Jacobs is not responsible for disturbed survey control monuments after Page 372 of 405 Ms. Stephanie Ellis, PE, Project Manager Page 2 August 9, 2022 they have been set. Topographic features collected by conventional surveying methods will be limited to the four flumes and features identified in the four-day field walk-through. This scope of work is not intended to be a boundary survey. Further, Jacobs will not write any property or easement descriptions. Title commitments are not needed as part of this scope of work. 3.Condition Assessment: A total of twenty days of CCTV is assumed for the existing portions of piped ditch. Reasonable access to the pipe and manholes is assumed for completion of the CCTV. 4.Public Outreach: Initial outreach and interviews with up to 10 external stakeholders. A total of four external stakeholder meetings are assumed. 5.Alternative Analysis: a total of two alternatives will be evaluated for cost estimating. The optimal alignment as coordination with the City and a second stakeholder preferred alignment resulting from the external stakeholder coordination. We trust that the price proposal along with the remainder of the proposal submittal will be included in the best value evaluation being conducted by the selection committee. Upon selection, we welcome the opportunity to meet with you to develop a mutually agreeable Professional Services Agreement, Statement of Work and price to best meet your project goals and objectives. If you have any questions regarding our submittal, please contact Regards, Jacobs Engineering Group Inc. Liv Haugen, PE Stephanie Harrison, PE, PMP Project Manager Principal-in-Charge (Signature Authority) Page 373 of 405 Attachment 3 - Compensation Jacobs Engineering Group Inc. Project:City Ditch Piping Project Phase 1 Client:City of Englewood Utilities Date:8/9/2022 Project Manager:Liv Haugen Liv HaugenProject ManagerStephanie HarrisonQuality ManagerAdam MurdockSr Technical ConsultantJamal WilliamsProject EngineerDaniel SanchezStaff EngineerKen HansenHydraulicsShin MiyawakiHydraulicsAdam NeilsenHydraulicsDave CurranGeotechnicalMaddie MurphyPermittingWhitney WimerEnvironmentalEd MeyerConstructability/Cost EstimatingJeremy QuanGIS / TechnicianRobert GuptillSurvey TechnicianJames AxeSurvey Party ChiefEd SilverProject SurveyorMatthew VossmanPhotogrammetristTodd WesleySurvey CompilerProject Controls & AccountingTotal Labor Hours Sub-Total Labor CCTV InspectionPublic Relations FirmExpenses & 5% Subconsultant MarkupTotal Task Task Name RATE SCHEDULE $224 $282 $282 $170 $118 $224 $155 $176 $251 $139 $155 $251 $155 $99 $104 $120 $150 $105 $96 1 Project Management 80 6 2 54 0 4 0 0 0 0 0 0 0 0 0 0 0 0 24 170 $32,556 $0 $2,000 $100 $34,656 1.1 Project Kick-off Meeting 2 2 2 4 10 $2,256 $0 $2,256 1.2 Project Management Plan 4 8 12 $2,256 $0 $2,256 1.3 Project Meetings (weekly) and Updates 30 30 $6,720 $0 $6,720 1.4 Workshops (Task 4)Presentation of Hydraulic Limitations 1 4 2 7 $1,352 $0 $1,352 (Task 4)Hydraulic Model Results and Findings 1 4 2 7 $1,352 $0 $1,352 (Task 5)Public Outreach Plan Development Workshop 2 4 6 $1,128 $2,000 $100 $3,228 (Task 8)City Staff Alternative Review Workshop 4 8 12 $2,256 $0 $2,256 (Task 8)Results of Alternative Analysis and Preferred Alignment Selection 2 8 10 $1,808 $0 $1,808 (Task 9)Proposed Alignment and Preliminary Design Presentation 4 8 12 $2,256 $0 $2,256 1.4 Monthly Progress Reporting and Invoices 30 4 6 24 64 $11,172 $0 $11,172 2 Data Reconnaissance and Acquisition 18 0 0 24 0 0 0 0 0 0 0 0 0 52 103 0 41 10 0 248 $31,172 $0 $0 $4,150 $35,322 Field Visit and Appurtenance Survey 16 16 8 40 80 $11,256 $4,150 $15,406 Topographic Survey for Hydraulics 2 8 44 63 41 10 168 $19,916 $19,916 3 Condition Assessment 12 2 2 24 48 0 0 0 0 0 0 0 0 0 0 0 0 0 0 88 $13,560 $52,720 $0 $2,736 $69,016 Physical Inspection of Pipeline Segments 8 40 48 $6,512 $52,720 $2,636 $61,868 Condition Assessment Report - Draft 4 2 2 16 8 32 $5,688 $5,688 Condition Assessment Report - Final 8 8 $1,360 $100 $1,460 4 Hydraulic and Capacity Analysis 14 6 20 14 0 64 60 112 0 0 0 0 0 0 0 0 0 0 0 290 $56,196 $0 $0 $100 $56,296 Hydraulic Analysis 8 8 8 40 40 80 184 $34,648 $34,648 Hydraulic Analysis Report - Draft 4 4 8 4 20 16 24 80 $16,144 $16,144 Hydraulic Analysis Report - Final 2 2 4 2 4 4 8 26 $5,404 $100 $5,504 5 Public Outreach 30 4 0 72 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 106 $20,088 $0 $40,500 $2,025 $62,613 Stakeholder Meetings (4) 20 40 60 $11,280 14,325$ 716$ $26,321 Public Outreach Plan - Draft 4 2 8 14 $2,820 8,560$ 428$ $11,808 Public Outreach Plan - Final 2 4 6 $1,128 2,000$ 100$ $3,228 Public Outreach Technical Memorandum - Draft 4 2 16 22 $4,180 13,615$ 681$ $18,476 Public Outreach Technical Memorandum - Final 4 4 $680 2,000$ 100$ $2,780 6 Environmental Compliance and Permitting Plan 6 4 0 22 0 0 0 0 0 52 40 0 0 0 0 0 0 0 0 124 19,640$ -$ -$ 800$ 20,440$ Develop Project Permitting and Regulatory Matrix 2 8 24 12 46 $7,004 $100 $7,104 Permit Acquisition Plan and Schedule 2 2 4 12 12 32 $5,220 $500 $5,720 Permitting Technical Memorandum - Draft 2 2 8 12 12 36 $5,900 $100 $6,000 Permitting Technical Memorandum - Final 2 4 4 10 $1,516 $100 $1,616 7 Easement Assessment and Acquisition Plan 8 4 0 64 0 0 0 0 0 0 0 0 32 32 0 29 0 0 0 169 25,408$ -$ -$ 100$ 25,508$ Existing Easement Map Preparation 4 20 24 29 77 $9,636 $100 $9,736 Description of Exisiting Legal and Prescriptive Rights 2 16 8 26 $3,960 $3,960 Identification of Additional Recommended Easement Areas 4 2 24 8 38 $6,780 $6,780 Easement Assessment and Acquisition Plan Technical Memorandum - Draft 2 2 16 4 24 $4,352 $4,352 Easement Assessment and Acquisition Plan Technical Memorandum -Final 4 4 $680 $680 8 Alternatives Analysis and Preferred Alternative Selection Plan 30 3 10 104 130 6 0 0 6 6 6 8 26 0 0 0 0 0 0 335 54,058$ -$ -$ -$ 54,058$ Development of Optimized Piped Alternative 8 4 40 60 4 4 4 4 4 8 140 $22,120 $22,120 Review of Stakeholder Feedback and Alignment Revisions (up to 3) 8 2 24 40 4 8 86 $13,400 $13,400 Summary of Alignment Alternative Development 2 12 4 18 $2,960 $2,960 Documentation of Selection of Preferred Alternative 2 1 8 16 27 $3,978 $3,978 Alignment Selection Technical Memorandum - Draft 8 2 4 16 8 2 2 2 2 8 54 $9,926 $9,926 Alignment Selection Technical Memorandum - Final 2 4 2 2 10 $1,674 $1,674 9 Preliminary Design 8 12 4 116 72 8 0 0 8 0 8 0 56 0 0 0 0 0 0 292 $48,240 $0 $0 $0 $48,240 Preliminary Engineering Plans (30% Design) 4 8 4 96 40 8 8 8 48 224 $37,800 $37,800 Preliinary Design Report - Draft 4 4 16 24 8 56 $8,816 $8,816 Preliinary Design Report - Final 4 8 12 $1,624 $1,624 10 Implementation Schedule and Cost Estimate 5 2 2 18 28 0 0 0 0 12 2 18 0 0 0 0 0 0 0 87 $15,108 $0 $0 $0 $15,108 Implementation Schedule 2 2 8 16 8 2 38 $5,682 $5,682 Cost Estimate 2 8 16 26 $5,408 $5,408 Schedule and Cost Technical Memorandum - Draft 1 2 8 4 4 2 21 $3,678 $3,678 Schedule and Cost Technical Memorandum - Final 2 2 $340 $340 211 43 40 512 278 82 60 112 14 70 56 26 114 84 103 29 41 10 24 1909 316,026$ 52,720$ 42,500$ 10,011$ 421,257$ Total Page 374 of 405 Exhibit C - Rate Schedule Jacobs Engineering Group Inc. Project:City Ditch Pipig Phase 1 Client:Englewood Date:8/8/2022 Project Manager:Liv Haugen 2022 $319.00 $282.00 $251.00 $224.00 $197.00 $176.00 $155.00 $139.00 $118.00 $107.00 $96.00 Non-Labor Rate Categories/Items Category/Item Billing Terms or Daily Rate Mileage Rate:Current IRS audit rate at time of service Travel Costs (e.g., airfare, hotel, car rental, meals, etc.): At cost with no additional markup Shipping, Printing, Reproduction, Scanning: At cost with no additional markup Markup on Subconsultants:5% Standard Equipment: Survey Grade GPS (per receiver)$125 / day Trimble Geo 7X GPS $110 / day Trimble Geo XH GPS $90 / day Trimble Geo XT GPS $65 / day Ground Penetrating Radar (GPR)$250 / day Radio Frequency Induction (RFI)$50 / day Electromagnetic Profiler (EM)$150 / day Locator Beacon (Sonde)$30 / day Supervisor, Professional I, Senior Technician, Senior Graphic Designer, Specifications Coordinator, Resident Engineer, Junior Engineer, Technician III, Graphic Designer III, Senior Survey CAD / Photogrammetric Editor, Senior Administrative Assistant, Project Coordinator, Construction Inspector, Environmental Field Technician Representative Job Titles Senior Director, Senior Expert Director, Expert, Group Leader, Program Manager, Senior Project Manager III, QA/QC Specialist Project Manager II, Senior Professional Project Manager, Professional III, Environmental Scientist II, Professional II, Technical Specialist, Environmental Scientist, Technician II, Graphic Designer II, Administrative Assistant II, Survey Party Chief, Specifications Technician II Technician I, Administrative Assistant I, Survey Instrument Person, Project Accountant, Project Assistant, Specifications Administrative Assistant, Clerical and Accounting, Survey Technician, Junior Designer, Junior Construction Inspector, Note: Labor rates are subject to annual adjustments during the term of the contract with rates effective January 1 through December 31. Overtime for non-salaried/non-exempt personnel that has been approved in advance by the City: Billed at 1.5 times the standard hourly rate with no additional markup. (Overtime for exempt/salaried personnel shall be billed at the rate with no multiplier). Page 375 of 405 Robotic Total Station $175 / day Total Station $45 / day Telescoping Tripod $35 / day Digital Level $60 / day Terretrial Laser Scanner $1200 / day Laser Scanner Targets $2 each Survey Vehicle 4 WDR (with equipment)$75 / dayOther Equipment, Consumables, and Supplies (e.g., other field equipment, At cost with no additional markup. Note: Standard Equipment rates are subject to annual adjustments during the term of the contract with Page 376 of 405 Contact: Liv Haugen, PE Project Manager 6312 S. Fiddlers Green Circle Suite 300N Greenwood Village, CO 80111 Liv.Haugen@jacobs.com (720) 470-8311 Page 377 of 405 City Ditch Piping Project Phase I City Council, Regular Meeting Pieter Van Ry, Englewood Utilities and South Platte Renew Director October 17, 2022 Page 378 of 405 Project Overview •RFP issued July 2022 •Pipe open channel sections •Due diligence and preliminary design •Phase I completion June 2023 Page 379 of 405 Benefits of Piping City Ditch •Water Aesthetics •Taste, odor, and hardness •Sustainability •Resiliency •Safety •Reduced capital investment Page 380 of 405 Project Objectives Condition Assessment Community Outreach Compliance and Permitting Plan Right of Way Interagency Coordination Hydraulic Analysis Alignment Preliminary Design Alternatives Analysis Page 381 of 405 Selection Process Consultant Name Base Price Proposed Supplemental Services Hazen and Sawyer $255,381 - Landmark Engineering $352,136 - Jacobs $421,257 - Carollo $597,316 $216,552 HDR $646,589 $230,000 AECOM $878,198 - •Greatest value-based cost •Relevant project experience •Strong technical capability •Excellent project approach and understanding •Previous experience with project team •Additional $20,000 for Owner Directed Supplemental Services •Total contract amount: $441,257 Page 382 of 405 Questions?Page 383 of 405 Thank you Page 384 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: October 17, 2022 SUBJECT: Approval of a contract amendment for funding for CrossPurpose DESCRIPTION: Contract amendment to provide additional funding, on Council's approved ARPA expenditure list, for CrossPurpose, a job training program. RECOMMENDATION: Staff recommends that Council consider approval by motion of a change order to provide $87,737 in additional, approved American Rescue Plan Act (ARPA) funding to CrossPurpose for capital costs associated with the build out of a career training program located at 3855 South Broadway in Englewood. PREVIOUS COUNCIL ACTION: • June 21, 2021- Certification of application of ARPA funding through the Colorado Department of Local Affairs • July 12, 2021- Study Session to conduct an initial review of possible use of ARPA funds • September 27, 2021- Study Session to conduct a follow up review, after the receipt of public input, on the possible use of ARPA funds • February 7, 2022- Approval, by motion, of ARPA expenditure list • May 2, 2022- 2022 Supplemental Budget Resolution #2 authorizing, among other items, $258,642 • August 15, 2022 - 2022 Supplemental Budget Resolution #3 authorizing, among other items, $88,429 SUMMARY: Given that the City received ARPA funding in two allotments and that there are several other projects on the Council-approved ARPA funding list, the Finance Department recommended providing CrossPurpose with $258,642 from the first allotment (received in the summer of 2021) and $87,737 from the second allotment (received in the summer of 2022). If approved by Council, the attached change order would provide CrossPurpose with a total of $346,379, the amount on Council's approved ARPA spending list. ANALYSIS: About CrossPurpose Established in 2008, CrossPurpose is a nonprofit organization focused on ending poverty through career and community development. In the fall of 2014, CrossPurpose launched an 18- Page 385 of 405 month career training pilot program with 19 participants. 16 of the 19 participants retained better employment that before entering the program for six months or longer, and all 19 became sufficient at the end of 18 months. The program is tuition free and provides participants with the opportunity receive training and certification. Additionally, participants are paid up to $200/month while participating in training. Every participant receives 1:1 coaching, and coaches provide participants with assistance in setting goals, completing certification trainings, and job placement. By the end of 2025, CrossPurpose hopes to operate in four locations with 2,025 program graduates. Use of Funds Additional funding would be provided for the build out of a vocational training facility located at 3855 South Broadway in Englewood, CO. Funds may be used for capital build out of this space, which could include: • Furnishings; • Carpentry; • Painting; • Electrical; • HVAC; • Plumbing; and • Other capital improvements needed to ensure that the space at 3855 South Broadway in Englewood can be utilized by CrossPurpose to provide career training services to clients. Capital purchases may support direct job training in the following sectors: • Trades and construction; • Administration and customer service; • Medical; • Commercial driver's license (CDL); and • Culinary services. Reporting Within 10 days of the execution of this contract, CrossPurpose will provide the City with a list of capital needs that will be addressed utilizing funds provided by the City. On August 30, 2022; January 27, 2023; and August 30, 2023, CrossPurpose will provide the City with a detailed status update on the use of funds provided by the City. These reports should provide photos and receipts for each purchase. Additionally, the report in August, 2023 should include an update on the number of individuals utilizing the program and program completion and success rates, including: • # of graduates who utilized the space/equipment provided by this funding; • # of hours of career coaching offered utilizing the space/ equipment provided by this funding; and • Average hourly wage of graduates (projected). COUNCIL ACTION REQUESTED: Page 386 of 405 Staff recommends that Council approve a change order, utilizing ARPA funds, to provide an additional $87,737 to CrossPurpose for career training programs, bringing the total contractual amount to $346,379. FINANCIAL IMPLICATIONS: On February 7, 2022, Council by motion approved expending $346,379 of the City's total ARPA allotment of $8,776,379. The City received half of its total ARPA allotment on June 28, 2021, and is expecting the second half was received at the end of June, 2022. The first contract provided $258,642 to CrossPupose for the first allotment, and this change order provides CrossPurpose a total $346,379. Funds were appropriated and contractually obligated as follows: ARPA Budget Supplemental Budget Amount Contract Amount May 2, 2022 $258,642 $258,642 August 15, 2022 $88,429 $87,737 Total $347,071 $346,379 CONNECTION TO STRATEGIC PLAN: Outcome Area: Economy Goal: Job training and workforce development Project: Continue and monitor existing job training programs OUTREACH/COMMUNICATIONS: In the summer of 2021, the City utilized the Englewood Engaged platform to solicit opinions on how ARPA funds should be utilized. The results of this engagement were shared with Council in September, 2021. ATTACHMENTS: -CrossPurpose Change Order -Cross Purpose Original Contract Page 387 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 CHANGE ORDER Date: 10/05/22 Change Order #: Project Name: CrossPurpose (Job training) Contract #: CFS-22-67 Department: City Administration PO #: Project Manager: Tim Dodd Original Agreement Date: 06/23/2022 Contractor: CrossPurpose Location: Englewood, CO CHANGE ORDER TYPE Select the best description of this Change Order (Check one): Standard Change Order Emergency (Authorization attached) Unforeseen Site Conditions (Justification attached) Substantial (Authorization attached) CONTRACT SUMMARY Original Contract Amount: $ 258,642 - Original completion date: 08/30/2023 Previous Change Order(s): $ N/A - Previous change in time: ( 0 ) Days Contract Amount Prior to this Change Order: $258,642 - Completion Date Prior to this Change Order: 08/30/2023 Amount of this Change Order: $ 87,737 - Change in contract time: ( 0 ) Days New Contract Amount: $ 346,379 - New Completion Date: 08/30/2023 CHANGE ORDER SUMMARY The following changes are hereby made to the contract documents: Ref # Summary Description Change in Contract Price Change in Contract Time Initiated By: Additional funding is being provided towards the original contractually obligated spending categories which include upgrades to the CrossPurpose location at 3855 South Broadway in Englewood which include: furnishings; carpentry; painting; electrical; HVAC; plumbing; and other capital improvements needed to ensure that the space at 3855 South Broadway in Englewood can be utilized by CrossPurpose to provide career training services to clients. $87,737 Days Tim Dodd $ Days Page 388 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 CHANGE ORDER $ Days APPROVALS REQUIRED The parties understand and agree that this Change Order does not amend or change the terms of the original contract/agreement entered into by the parties on: (Original Agreement Date) Approved by Engineer: Date: Accepted by Contractor: Date: *Accepted & Approved by Owner: Date: *If the amount of the change order is 10% or more of the original contract, the City Manager must approve. *If the amount of the change order is over $24,999.99 the change order will require City Council approval. PCM: Proposed Contract Modification Page 389 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 CONTRACT FOR SERVICES AGREEMENT NUMBER CFS-22-67 CAPITAL COSTS & BUILD OUT SERVICES NOT TO EXCEED $258,642 THIS CONTRACT made and entered into on , 20__ by and between CrossPurpose, PO Box 2483, Denver, CO 80201 hereinafter called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY. WITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furnish the CITY the following services: capital costs associated with the build out of a space in Englewood to provide career training to people experiencing financial vulnerability using an established model. _______________________________________________________________________ At the location of: 3855 South Broadway, Englewood, CO (if applicable) for a total contract price of: Two-hundred fifty-eight thousand, six-hundred forty-two ($ 258,642.00 ) Dollars 2. The initial term of this contract is for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Statement of Work attached hereto, but at no time shall the contract be longer than a one year period. In the event that the parties desire to extend the contract beyond the one year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the contract by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract including an amended Statement of Work, if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. 3. The Contractor shall not commence work under this Contract until the insurance required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4. The project or services being provided hereunder shall be supervised or inspected by the Project Manager for the City, or his or her authorized designee. 5. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof. Payment shall be made in a lump sum upon final completion of the project unless other payment terms are agreed to by the parties and set DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 6/23/2022 Page 390 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 forth in the Statement of Work attached hereto. A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. 6. The Contractor shall guarantee all labor and material used in the performance of this Contract for a period of one year from the final written approval by the City or as per the Request for Qualification and Specifications. 7. This Contract includes Attachment A - General Terms and Conditions as printed and set forth in the following pages, and the Contractor, by executing this Contract, agrees to comply with all such General Terms and Conditions. In addition, to the general terms and conditions,any Exhibits provided by the Contractor, shall be incorporated and made a part of this Contract. All additional documents shall be clearly marked and delineated as an Exhibit. CITY OF ENGLEWOOD By: Date: (Department Director) By: ________________________________ Date: __________________ (City Manager) By: ________________________________ Date: __________________ (Mayor) ATTEST: City Clerk _______________________________ Contractor (print company name) By: _____ Date: (Signature) _______________________________ (Print name and Title) NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer. The regulations also provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In order to comply with these regulations, the City requires your federal tax identification number or Social Security Number, whichever is applicable. 6/3/2022 Jason Janz, CEO CrossPurpose DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 6/21/2022Tim Dodd Shawn Lewis 6/21/2022 6/23/2022Othoniel Sierra Stephanie Carlile 6/23/2022 Page 391 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 ATTACHMENT A – GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE. Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated. The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote. All contracts over $25,000 are subject to approval by City Council. This contract and any attachments are not valid until such approval has been obtained. 2. SITE EXAMINATION. If applicable, Contractor must examine the site and certify all measurements, specifications and conditions affecting the work to be performed at the site. By submitting their quote, the Contractor warrants that he or she (hereinafter he or his) made such site examination as they deem necessary regarding the condition of the site; its accessibility for materials, workmen and utilities and the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site. 3. EQUIPMENT AND LABOR. The Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein described. The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto. 4. SUBCONTRACTORS. Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the contract documents shall create any contractual relations between any subcontractor and the City. 5. DEFAULT BY CONTRACTOR. When Contractor, or any subcontractor, or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications or the Statement of Work, the City may, upon five (5) business days’ prior written notice describing the default, at its option, annul and set aside the contract entered into with said Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City. The City reserves the right to cancel any articles or services which the Contractor may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City, if requested. 6. CONTRACT CHANGES. No changes or alterations to this contract shall be made without specific prior written approval by both parties. 7. WORKERS. Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City. 8. SUBSTITUTIONS. No substitutions of materials or persons from those specified in the Statement of Work shall be made without the prior written approval of the City. 9. CONTRACTOR SUPERVISION. Contractor shall provide competent supervision of personnel employed on the job site, use of equipment, and quality of workmanship. 10. CLEAN UP. Debris shall be removed from the premises. The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition. 11. ACCESS TO WORK. City representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access. 12. PROTECTION OF WORK AND PROPERTY. The Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workmen and the public, and shall post danger signs warning against hazards created by such features in the course of the construction. 13. OCCUPANCY. The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract, nor shall such occupancy extend the date specified for substantial completion of the work. 14. ASSIGNMENT OF CONTRACT AND PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations under this contract without the prior written consent of the City. 15. FORCE MAJEURE CLAUSE. The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by an act of God, fire, strike, loss, shortage of transportation facilities, lock-out, or the commandeering of materials, products, plants or facilities by the government; when satisfactory evidence thereof is presented to the other party(ies), provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing. 16. HOLD HARMLESS CONTRACT. The Contractor shall save, defend, hold harmless and indemnify the City from and against any and all losses, damages, liabilities, claims, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work on property under the terms of this contract by any employee, agent, or representative of Contractor and/or its subcontractors unless such loss was a result of the negligent acts or omissions of the City. 17. PAYMENT. Unless otherwise specified, the Contractor shall render invoices for materials delivered or services performed under the Contract or Purchase Order. The City shall make payment for materials, supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30) days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 392 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 reasonably required by the City including the satisfactory release of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18. PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19. CONTRACTOR NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a) INSURANCE TYPES AND AMOUNTS. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Ommissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor’s Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor’s Property Damage Insurance in an amount not less than $1,000,000. 21. WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of two (2) year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be in compliance with applicable Colorado energy, conservation, and environmental standards; unless a longer minimum period is required in the statement of work. Contractor shall furnish all manufactures’ and supplier’ written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 22. ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23. COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor’s receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24. TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25. GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 27. 26. NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 28. 27. TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29. DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request. 30. ATTORNEY’S FEES. In the event that either party to this Contract shall commence any action against the other party arising out or or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 393 of 405 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, and fees and expenses incurred by the prevailing party in connection with such action or proceeding. 31. VERIFICATION OF COMPLIANCE WITH C.R.S. 8- 17.5-101 ET.SEQ. REGARDING HIRING OF WORKER WITHOUT AUTHORIZATION (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with a Worker without Authorization 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 a Worker without Authorization 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 for services. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with a Worker without Authorization, the Contractor shall; (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a Worker without Authorization; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the Worker without Authorization; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor had not knowingly employed or contracted with the Worker without Autorization. d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor’s breach of any section of this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 29. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 394 of 405 Page 6 of 13 ATTACHMENT B STATEMENT OF WORK 1. GENERAL Agreement between the City of Englewood, Colorado and CrossPurpose for capital costs associated with the build out of a space in Englewood to provide career training to people experiencing financial vulnerability using an established model. [Reference to Professional Services Agreement by date] 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS City of Englewood: Tim Dodd, Assistant City Manager 1000 Englewood Parkway Englewood, CO 80110 tdodd@englewoodco.gov (303)-762-2317 CrossPurpose: Josh Ryken, Advocacy and Development Officer PO Box 2483 Denver, CO 80201 jryken@crosspurpose.org (720)-724-9544 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The City of Englewood, Colorado is providing CrossPurpose with funding for the build out of a vocational training facility located at 3855 South Broadway in Englewood, Colorado. Funds may be used for capital build out of this space, which would include: • Furnishings; • Carpentry; • Painting; • Electrical; • HVAC; • Plumbing; • Other capital improvements needed to ensure that the space at 3855 South Broadway in Englewood can be utilized by CrossPurpose to provide career training services to clients. Capital purchases must support direct job training in the following sectors: • Trades and construction • Administration and customer service; • Medical; • Commercial driver’s licensing (CDL); • Culinary services. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City will not provide CrossPurpose with equipment and programming outside of the funds being provided DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 395 of 405 Page 7 of 13 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 Within 10 days of the execution of the contract, CrossPurpose will provide the City with a list of capital needs that will be addressed utilizing funds provided by the City On August 30, 2022; January 27, 2023; and August 30, 2023 CrossPurpose will provide the City with a detailed status update on the use of funds provided by the City. These reports should provide photos, and receipts for each purchase. Additionally, the report in August, 2023 should include an update on the number of individuals utilizing the program and program completion and success rates, including: • # of graduates who utilized the space/equipment provided by this funding; • # of hours of career coaching offered utilizing the space/equipment provided by this funding; and • Average hourly wage of graduates (projected). 7. SPECIAL TERMS, IF ANY See attached ARPA Addednum. 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. 30 days from the execution of the contract, all funds will be provided to CrossPurpose 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. Performance Responsible Target Milestone Party Date 11. ACCEPTANCE AND TESTING PROCEDURES 12. LOCATION OF WORK FACILITIES 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. DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 396 of 405 Page 8 of 13 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: _______________________________ ____________________________________ CrossPurpose By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ 6/3/2022 CEO Jason Janz DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Assistant City Manager 6/21/2022 6/21/2022 6/21/2022 Tim Dodd Page 397 of 405 Page 9 of 13 ATTACHMENT C ARPA ADDENDUM City of Englewood – American Rescue Plan Act (ARPA) Contract Addendum Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to the City of Englewood by the US Department of Treasury under the American Rescue Plan Act (“ARPA”), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021). The following terms and conditions apply to you, the contractor or vendor, as a contractor of the City of Englewood, according to the City’s Award Terms and Conditions by ARPA and its implementing regulations; and as established by the Treasury Department. 1. Equal Opportunity. Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Minority and Women Business Enterprises (if applicable to this Contract) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists; b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources; c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises; d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; e. Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above. For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women. 2. Suspension and Debarment. (applies to all purchases.) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 398 of 405 Page 10 of 13 at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). (B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Englewood. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 3. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended. (Applies to all purchases.) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. *Purchases over $100,000 - Contractors must sign the certification on the last page of this addendum* 4. Access to Records. (applies to all purchases.) (A) The Contractor agrees to provide the City of Englewood, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests. (B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States. 5. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations. 6. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 399 of 405 Page 11 of 13 a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7. Clean Air Act & Federal Water Pollution Control Act (applies to purchases of more than $150,000.) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Englewood and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE) Contractor is prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 400 of 405 Page 12 of 13 government of a covered foreign country. 9. Buy USA - Domestic Preference for certain procurements using federal funds. Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 10. Procurement of Recovered Materials: (applies only if the work involves the use of materials) (A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii.At a reasonable price. (B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. (C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 11. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.” 12. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles. 13. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers. DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 401 of 405 Page 13 of 13 - This form is required only for purchases of more than $100,000- 31 CFR Part 21 – New Restrictions on Lobbying - CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of their knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Date: Signature of Contractor’s authorized official (Print name of person signing above) (Print title of person signing above) 6/3/2022 CEO Jason Janz DocuSign Envelope ID: 4659E4CC-1B4B-4156-A87B-60F12359C571 Page 402 of 405 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: October 17, 2022 SUBJECT: Resolution of Support in Favor of Sales Tax Ballot Issues DESCRIPTION: Englewood citizens will vote on two sales tax ballot questions, to increase City sales to fund street improvements and alternate policing services. RECOMMENDATION: Consider Resolution supporting the City's two sales tax ballot questions, on the November 2022 general election ballot SUMMARY: Under the Fair Campaign Practices Act, City Council may adopt a resolution in favor of ballot questions to be considered by the voters. The proposed resolution urges voters to approve Ballot Issue No. 2B and Ballot Issue No. 2C in the November election, which would: (1) raise the City Sales and Use Tax by 0.2 percent to provide annual projected revenue of $1,957,596 to repave, repair, maintain, and improve City streets and roads; and (2) raise the City Sales and Use Tax by 0.1 percent to provide annual projected revenue of $978,455 to fund alternate policing services to address matters including homelessness, mental health, and addiction. COUNCIL ACTION REQUESTED: Consider Resolution supporting the City's two sales tax ballot questions, on the November 2022 general election ballot FINANCIAL IMPLICATIONS: If both ballot measures are approved by the voters, the City would receive additional projected revenue of $2,936,411 to expend on streets and alternate policing programs. ATTACHMENTS: Resolution Page 403 of 405 Page 1 of 2 RESOLUTION NO. __ SERIES OF 2022 A RESOLUTION URGING THE REGISTERED ELECTORS OF THE CITY TO VOTE IN FAVOR OF BALLOT ISSUE NO. 2B AND BALLOT ISSUE NO. 2C AT THE NOVEMBER 2022 GENERAL ELECTION, TO INCREASE THE CITY'S SALES AND USE TAX BY .2 PERCENT AND .1 PERCENT RESPECTIVELY, WHICH IF BOTH MEASURES PASSED, FROM 3.5 PERCENT TO 3.8 PERCENT WHEREAS, the City's Sales and Use Tax is currently 3.5 percent; and WHEREAS, the City’s 3.5 percent Sales Tax rate became effective on January 1, 1988 and has not been increased in thirty-four (34) years, other than on retail marijuana sales; and WHEREAS, even though the City of Englewood has not increased its sales tax rate in 34 years, it also has kept property tax rate low by comparison, and in 2021 Englewood had a lower mill levy than the surrounding cities of Denver, Lone Tree, Parker, Boulder, Wheat Ridge, Greenwood Village, Lakewood, Centennial, Sheridan, Cherry Hills Village, Westminster, Arvada, Littleton, Aurora and Thornton; and WHEREAS, City Council strives to keep taxes low in Englewood, but lower taxes can mean less funding to perform and maintain vital City services, including streets and public safety/law enforcement functions; and WHEREAS, the City has received repeated citizen requests to improve the current condition of its streets and to ensure the City is safe by providing necessary safety services and alternative law enforcement functions to its permanent inhabitants and transient populations; and WHEREAS, the City Council carefully evaluated the City’s finances, and carefully considered the potential solutions to these important citizen concerns; and WHEREAS, the City conducted a targeted survey of its registered electors, and concluded citizen support exists for increasing the City’s sales tax rate to improve and maintain the City’s streets and expand public safety and alternate policing services; and WHEREAS, in order to ensure that the City may continue to adequately fund and expand these core City services, the City Council determined that it is in the best interest of the residents of the City to refer to the eligible electors two ballot issues to seek approval to impose and collect a Sales and Use Tax increase of 0.3 percent dedicated to repave and maintain Englewood streets and roads and to fund alternate policing services to address homelessness, mental health, and addiction to raise the total Sales Tax rate in the City from 3.5 percent to 3.8 percent; and WHEREAS, on the 25th day of July, 2022, City Council adopted Ordinance No. 34 Series of 2022, putting these two Sales and Use Tax dedicated increases on the Englewood November 2022 General Election Ballot for voters to consider; and Page 404 of 405 Page 2 of 2 WHEREAS, if approved, these increases would increase the tax on a $100 qualifying purchase from $3.50 to $3.80, or an increase of less than 1/3 of a penny on every dollar spent that is subject to sales tax; and WHEREAS, the ballot questions would seek a total increase of 0.3 percent in the Sales Tax, or 0.2 percent to be dedicated to fund street improvements in one ballot question, and 0.1 percent to be dedicated to fund alternate policing services in a second ballot question; and WHEREAS, pursuant to C.R.S. § 1-45-117(1)(b)(III)(A), the City Council may pass a resolution in support of a ballot issue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby urges the registered electors of the City to vote "yes" on Ballot Issue 2B at the City's regular general election in November 2022, to raise the City Sales and Use Tax by 0.2 percent to provide annual projected revenue of $1,957,596 to repave, repair, maintain, and improve City streets and roads. Section 2. The Englewood City Council hereby urges the registered electors of the City to vote "yes" on Ballot Issue 2C at the City's regular general election in November 2022, to raise the City Sales and Use Tax by 0.1 percent to provide annual projected revenue of $978,455 to fund alternate policing services to address matters including homelessness, mental health, and addiction. ADOPTED AND APPROVED this 17th day of October, 2022. ______________________________ Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ___, Series of 2022. ______________________________ Stephanie Carlile, City Clerk Page 405 of 405