HomeMy WebLinkAbout2008-03-17 (Regular) Meeting Agenda Packet1. Call to order.
2. Invocation.
AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday , Marc h 17, 2008 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood. CO 80110
3. Pledge of Allegiance.
4 . Roll Call.
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Counci l meeting of March 3, 2008.
6. Recognition of Scheduled Public Comment. (Please limtt your presentation to ten
minutes.)
a . The Go Green Committee , a group 'lf parents and community members from the
Charles Hay Elementary School area, will be present to discuss school ground
Improvements at Challes Hay Elementary School,
b. Frank Eakins will be present to address Council with a discnminatio n complaint.
7 Recognition of Unscheduled Public Comment. (Please limit your presentation to five
minutes. Time for unscheduled public comment may be limited to 45 minutes and If limited
shall be continued to General Discussion .)
8. Communications, Proclamations, and Appointments .
a. Notice from R L Lunders announcing his resignation from the Liquor Licensing
Autho11ty.
b. Memorandum from Transportation Advisory Committee announcing Mar11 Craft's
resignation from the com mittee and reque&ting the appointment of Alternate Member
James Weeks to fill this vacancy.
Please note. If you have a disablloty and need auxiliary aids or services, please nobly the City of
Englewood
(303-762-2407) at least 48 hours in advance of when services are needed Thank au
Englewood Coty Council Agenda March 17 2008 Page 2 c A Resolution app01nting James VJeei to lhe Transporta\Jon Advisory Committee . 9. Consent Agenda Items. a. Approval of Ordinances on First Reading.
i. Council Bill No. 18 -Recommendation from the Community Development
Department to adopt a Bill for an Ordinance approving an Intergovernmental
Agreement with the Denver Regional Council of Governments for the City's
participation in the Denver Regional Aerial Photography Project. STAFF
SOURCE: John Voborll, Planner.
ii. Council Bill No. 19-Recommendation from the Community Development
Department to adopt a Bill for an Ordinance approving an Intergovernmental
Agreement with the Colorado Department of Labor and Employment In support
of the City's use of State Wage and Employment data through the Denver
Regional Council of Governments. STAFF SOURCE: John Voboril, Planner.
b. Approval of Ordinances on Second Reading .
i. Council Bill No. 11 , authorizing acceptance of a grant in the amount of $12,500
from the State of Colorado, Economic Development Commission, for marketing
and administrative support in lhe Enterptise Zone.
ii. Council Bill No. 17, granting a utility easement to Public Service Company of
Colorado for Installation of underground utilrties at 2390 West Wesley Avenue.
c. Resolutions and Motions.
i. Recommendation from the Fire Department to approve, by Motion, lhe
purchase of a replacement command pickup truck. Staff recommends
awarding the contract through the State Bid process to Champion Chevrolet in
the total amount of $32,169. STAFF SOURCE: Kraig Stovall, Deputy Fire
Chief.
10 . Public Hearing Items. (None scheduled.)
11 . Ordinances. Resolutions and Motions
a. Approval of Ordinances on First Reading .
b. Approval of Ordinances on Second Reading.
Please note : If you have a disability and need auxiliary aids or services. please notify the City of
Englewood
(303-762-2407 at least 48 hours ,n advance of when services are needed Thank ou
·Englewood City Council Agenda March 17, 2008 Page3 c. Resolutions and Motions. i. Recommendation from the Finanoe and Administrahve Services Department lo approve a Resolution translemng funds from the General Fund's Unreserved/ Undesignated Fund Balance to the Long Term Asset Reserve. STAFF SO URCE: Frank Gryglewlcz, Di rector of Finance and Adm inistrative Se rvices.
Recommendation from the Public Works Department to approve , by Motion, an
extension of the 2007 contract in the amount of $239,437 .50 with A-1 Chipseal
for the 2008 Cape Seal Project . STAFF SOURCE: Rick Ka hm, Director of
Public Works.
iil. Recommendation from the Public Works Department to approve , by Motion, an
extension of the 2007 construction contract In the amount of S390,995 with
Thoult Bros. Conaete Contractors, Inc. for the 2008 Concrete Utility Program.
STAFF SOURCE : Rick Kahm , Director of Public Worka.
iv. Recommendation from the Public Works Department to approve, by Motion, an
extension of the 2006 contract with Broadaway Holdings LLC In the amount of
$744.180 for the 2008 Microsurfacing Program . STAFF SOURCE: Rick K1hm,
Director of Public Works.
12. General Discussion .
a. Mayor's Choice .
b Council Members' Choice .
13. City Manager's Report
14. City Attorney's Report .
15. Adjournment
Please note . If you have a disability and need auxiliary aids or seNices, please nohfy the City of
Englewood
(303-762-2407) at least 48 hOurs m advance of when services are needed Thank you
). PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT Marc h 17, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
· ... <\rbGo w m4-
1. Call to Order
ENGLEWOOD CITY COU NCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 3, 2008
The regular meeting of the Englewood Crty Council was called lo order by MayOf Woodward at 7 41 p.m.
2. lnvoc1ll'ln
The invocation was given by Council Member McCaslin.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member McCaslin
4, Roll Call
Present Council Members Jefferson, Moore, Pem, Oakley, McCaslln, Wdson,
Woodward
Absen t None
• A quorum was present.
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Also present Coty Manager Sears
Crty Attorney BrOIZman
Depuly City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Police Commander WaJson
Fire Chief Pattaroul
Director Oryelewlcz, Finance and Administrative Services
DirectOf Fonda, Utilities
Director Wh~e. Community Development
Senior Planner Graham, Community Development
Operallons Division Manager Tallent, Wastewater Treatment Planl
lnlern Adams, City Managers Office
5 Con1lderallon of Minutes of Previous Seaalon
(a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED,
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 19, 2008.
Mayor Woodward asked If lhere were any mod•flcallons or COfrect10ns . There were none.
Vote results:
Motion carried
Ayes·
Nays:
Council Members Penn, McCasbn, Moore, Woodward, Jefferson,
WilS()f1, Oakley
None
(b) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED,
TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF FEBRUARY 25, 2008.
Englewood City Council March 3, 2008 Page 2 Mayor Woodward asked If there were any modifications or corrections There were none. Vote results:
Molton earned.
Ayes Council Members Penn. McCasfin. Moo•e. Woodward , Jefferson , WIison, Oakley Nays None
6. Recognition of Schedulod Public Comment
There were no scheduled visitors.
7. Recognition of Unscheduled Public Comment
There were no unscheduled vlsttors .
8. Communications, Proclamations and Appointments
(a) An E-mail from Ronald Rutherford announcing his reslgnallon from the Code Enforcement
Advisory Committee was considered.
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO ACCEPT
THE RESIGNATION OF RONALD RUTHERFORD FROM THE CODE ENFORCEMENT ADVISORY
COMMITTEE.
Motion carried.
Ayes: Council Members Penn , McCash n. Moore, Woodward, Jefferson,
WIison, Oakley
Nays. None
(b) An E-mail from Koren Lowrimore announcing her resignation from the Code En!orcemenl
AdviSOl'f Convnlttee was considered.
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO ACCEPT THE
RESIGNATION OF KOREN LOWRIMORE FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE .
Mobon earned .
(c)
considered
Ayes: Council Members Penn, McCaslin, Moore, Woodward , Jefferson,
Wi lson, Oakley
Nays· None
A Proclamation declaring March 16-22, 2008 as World Water Week for UNICEF was
COUNCIL MEMBER OAKLEY MOVED , ANO COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE A
PROCLAMATION DECLARING MARCH 16-22, 2008 AS WORLD WATER WE EK FOR UNICEF.
Mayor Woodward asked If there were any comments. There were none.
Vote results:
Motion camed.
Ayes· Council Members Penn, McCasl,n, Moore, Woodward, JeffOfSOII,
Wilson, Oakley
Nays None
9 Consent Age nda
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Englewood City Councll March 3, 2008 Page 3 COUNCIL MEMBER MOORE MOVEO, AND COUNCIL MEMBER WILSON SEC ONDED , TO APPROVE CONSENT AGENDA ITEMS 9 la) (I), (II), 9 (bl (I ), (II), (Ill), (Iv), (v) and 9 (c) (I), (II). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 11 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AUTH ORIZING ACCEPTANCE OF A GRANT FROM T HE STATE OF
COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE
SUPPORT IN THE ENTERPRISE ZONE.
(ii) COUNCIL BILL NO 17, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE GRANTING A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF
COLORADO FOR INSTALLATION OF UNDERGROUND UTILITIES AT 2390 WEST WESLEY AVENUE
(b) Approval of Ordinances on Second Reading
CT) ORDINANCE NO. 8, SERIES OF 2008 (COUNCIL BILL NO. 6, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE 2007 GRANT
OF GREAT OUTDOORS COLORADO BElWEEN THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND ANO THE CITY ENGLEWOOD, COLORADO FOR DUNCAN PARK
ACQUISITION.
(il) ORDINANCE NO. 9, SERIES OF 2008 (COUNCIL BILL NO. 9, INTRODUCED BY
COUNCIL MEMBER WILSON)
AN ORDINANCE AUTHORI ZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 237 0 WEST WESLEY
AVE NU E IN THE CITY OF ENGLEWOOD, COLORADO.
(iii) ORDINANCE NO 10, SERIES OF 2008 (COUNCIL BILL NO. 12, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AUTHORIZING THE IITTERGOVERNMENTAL AGREEMENT EITTITLED "AGREEMENT
RTD & CITY OF ENGLEWOOD COST SHARI NG FOR THE ARr BETWEEN THE REGIONAL
TRANSPORTATION DISTRICT (RTO) ANO THE CITY OF ENGLEWOOD, COLORADO.
(iv) ORDINANCE NO. 1 \, SERIES OF 2008 (COUNCIL BILL NO. 13, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AMENDING TITLE 5, CHAPTER 38, SECTIONS 3, 5 AND 8, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO LIQUOR LICENSING AND PERMIT FEES
(v) ORDINANCE NO. \2, SERIES OF 2008 (COUNCIL BILL NO. 14, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 6, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, BY THE ADDITION OF A NEW SUBSECTION D, WHICH PERTAIN S TO DISTANCES FOR
LIQUOR LICENSES
(c) Resolutions and Motions
Englowood Clly Council March 3, 2008 Pago4 (1) Agreement berween the City ol Englewood and First Transit. Inc ror conlinued 2008 operation of the Circula tor Shuttle In the amount or S233.897 04 (ii) of ~81 .016 00 Voto roaults:
Ayes .
Nays
Mol,on earned
Purchase of one, new ten-yard dump truck from Transwest Trucks. Inc In the amount
Council Members Penn. McCashn. Moore, Woodward, Jefferson,
Wilson , Oakley
None
10 Public Hearing Items
No public hearing was scheduled before Council
11 Ordinances, Resolution and Motions
(a) Approval of Ordinances on Firsl Reading
There were no additional items submitted ;or approval on first reading. (See Agenda Item 9 • Consent Agenda )
(b) Approval of Ordinances on Second Reading
(i) Councff 8111 No 7, amending the Unified Development Code by adding "Heter and
"Holel, Exlended Stay" as pennltted uses In lhe 1-1, Light Industrial Zone Dlstnct was considered ,
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENOA ITEM 11 (b) (I) • ORDINANCE NO. 13, SERIES OF 2008.
ORDINANCE NO. 13, SERIES OF 2008 (COUNCIL BILL NO 7, INTRODUCED BY COUNCIL MEMBER
MOORE)
AN ORD INANCE AMENDING TITLE 16, CHAPTERS 5, 6, ANO 11, OF THE UNIFIED 01:VELOPMENT CODE
OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO HOTl:LS ANO EXTENDED STAY
HOTELS IN THE 1-1 ZONE DISTRICT
May<>r Woodward asked ,r there was any discussion There was none.
Vote rosulls:
Motion earned
Ayes Council Members Penn , McCa~hn, Moore, Woodward, Jefferson,
Wllson 0akley
Nays None
(i i) Council Bill No 8, authorizing the purchase of deslgnaled Colorado Department of
Transportatl0/1 surplus piopertie~ and sale of same lor developing a holel was considered
COUNCIL MEMBER OAKLEY MOVED, AND COU NCIL MEMBER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (II) •ORDINAN CE N0.14, SERIES OF 2008.
ORO IN,ANCE NO 14, SERIES OF 2008 (COUNCIL BILL NO 8, INTHDDUCEO BY COUNCIL MEMBER
OAKLEY)
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Englewood City Council March 3, 2008 Page 5 AN ORDINANCE APPROVING THE PURCHASE AND SALE OF COLORADO DEPARTMENT OF TRANSPORTATION (COOT) SURPLUS PROPERTIES LOCATED ALONG SOUTH SANTA FE BY THE CITY OF ENGLEWOOD, COLORADO FOR THE PROPOSED DEVELOPMENT OF A HOTE L Mayor Woodward asked tt there was any d1scuss10n There was none Vote rosuiis:
Motion carTied
Ayes Council Members Penn, McCaslln, Moore, WOO<!Ward , Jefferson,
Wilson, Oak ley
Nays. None
(C) ResoluliOns and Motions
(I) Director Gryglewlcz presented a recommendation from the Department of Finance and
Administrative Services to approve a resolubon Increasing fees for the issuance of liquor hcenses and pe<m1ls
He said this is a resolution setting fees for various liquor licenses and permits, Council is aware that the c,ty
follows Stale Statutes lo set liquor licenses, fees and permits. The fees have not been changed for over 20
years. Al the Study Session on February 4. 2008, Counc,1 discussed the Issue and directed staff to prepare a
bill for ordinance, which would allow liquor licenses and permits to be set by resolution Council approved
Council Biil 13 on first reading on February 19, 2008 and Just approved It on second reading This resol\JliOn will
set new license fees, from their current $500.00 for new licenses, on or before July 1, 2008 to $625.00; after
July 1, 2008 and before Ju ly 2, 2009, at $750.00: after July 1, 2009 and before July 2, 2010, they will b,
$875.00 and after July 2, 2010, they will be $1 ,000.00, For transfers of location or ownership, the ament fee is
$500.00 On or before July 1, 2008, the fee will be $625 00; after July 1, 200811 wlll be $750.00 For renewal cl
license, which Is currently $50,00, on or before July 1, 2008, they will be $75.00, after July 1, 2008, the fee will
be S100 00. The amount !or an expired renewal liquor license will 1101 change from the current S500 OOchatge
The application for a special permrt. which Is currently $25.00, will be $100 00 And these fees help offset the
cost of providing these services to licensed holders and applican ts.
Counal Member McCaslln asked how is this 1nforma11on relayed to the liquor licensees or wm they find out about
the increases when lhey renew their license?
O.rector Gryglewicz saod when they renew their ficense they'll be made aware of that. For new applicants, ,1 will
be included in their packets, as lo what lhose fees are
Council Member Penn aske~ Frank, have we made these people aware that we are making these changes?
Have they been notified al all? Is that part of our process?
Director Gryglewlcz said we have not notified them at thi s time. This was published In the Herald twice, the
public has been made aware of It and we'll make the appllcanls aware of It In the packets .. when they come lo
apply and for renewals. ihey wlll know that at the time of renewals
Mayor Woodward asked ,r there were any other quest1011s There were none
COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER McC ASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 32, SERIES OF 2008.
RESOLUTION NO. 32, SER IES OF 2008
A RESOLUTION ESTABLISHING ANNUAL LICENSE FEES ANO SPECIAL EVENTS PERMIT FEES FOR
LIQUOR LICENSI NG FOR THE CI TY OF ENGLEWOOD. COLORADO
Mayor Woodward asked 1f there was any d1scuss,on
Englewood City Council March 3, 2008 Page 6 Mayor Woodward said correct me if I'm wrong, but th is 1ust stays in line with what Stale Statute has for fees, which changed back in August 2007. Certainly people have had the opportunity to note these increases and probably the liquor stores are more aware of this increase than we were Mayor Woodward asked 1f there was any other discussion. There was none. Vote results:
Mollon carried
Ayes: Council Members Penn, Mccaslin, Mocre, Woodward , Jefferson,
Wi lson , Oakley
Nays: None
12. General Discussion
(a) Mayor's Choice
(i) Mayor Woodward said I want to i,0119rntulale Englewood citizen Bill Golding who was
honored as the Health One outstanding employee, of the Sd"~, hospita ls In lhP. Metro area, and he is employed
over al Swedis h Hospital. He received th is awa rd al the Av~1:,, ,che game on February 1 a~. It Is an award given
by the larges! employer in the City. So congratulations to I!:. Golding.
(b) Council Membe:s' Choice
(i) Council Member Moore said at the last Council session I had lo brin!j to Council's
attention to the fact that we had an unpaid amount due the City from former Council Mem tP · Barrentine. She
has since chosen to pay th e Invo ice, so I withdraw the requ est for a resolution II ·•I \'o , ha.:"' nsensus on last
session, as we won't need it. Thank you.
(ii) Council Member Oakley said I attended the Police and h , Awards Ce remony last
Thu rsday. It was focused this year around the new struct uring of the department and new employees and it was
a very nice ceremony.
(iiiJ Council Member Wilson:
1. She said in our packet we had information regarding the Herald writing an article about the building,
about the superintendent and about the Smart Cars, I think ii was a real positive article about Eng lewood. I
wanted lo thank Torn. We also have one in the Village r about the housing and I appreciate that. I think ii just
shows a lot of the change that's happening In Englewood and I think it's rea lly positive.
2. She said as far as Bob's request for the information on lhe fund ing mechan ism Denver's using for the
Broadway Improvement Plan ... I do have some Information for Community Davelopment that I can give you, as I
was al one of the executive summary meetings. I have their Cily Counci l minutes and I have lhe area that is
go,ng to be done. So, I'll give !his to Alan and you can look ii over
Mayor Woodward asked if Iha! was Harold that responded and if it should be passed on 10 i-'.arold ,
Council Member Wilson responded that no, ii was Mark. So, I'll pass ii on .
13. City Manager's Report
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(a) City Manager Sears said ii is a pleasu re to int roduce an intern that we have in our department
for a period of time .. a short period of time, unfortunately. She is a senior at the University of Denver He r •
name Is Christine Adams So. you will probably be seeing he r aga,n al a meeting or two. We're happy to have
her on board
• Englewood City Council March 3, 2008 Page 7 14 City Attorney's Roport Cily Atlorney Brotzman did not have any matters to bring before Councl: Mayor Woodward reminded everyone lhat we will nol be having a meeting next week as most of us will be in
Washington D C at the NalJOnal League of c,ties Conference
~JOURN. The meehng ~ .:>utned at 7 58 p m.
.· ,. '1 • I ,., :, , · '(-., '
Charles Hay
Elementa r y School
Campus
Master Plan
August 1, 2007 •
Prepared by :
GPO Land Design , LLC
41 Covfnston Court
Enslewood, CO 80 t 13
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Table Of Contents
School Philosophy .................................................................... 1 .1
Project Description .•................................................................. 1.2
location and Background ........................................................ 1.3
School Demographic Data ...................... ~ ............................... 1.4
Student and Faculty Input...... . ............................................... 1.5
Site nventory and General Adequacy ....................... , ............. 2.1
Conceptual Plan ...................................................................... 3.1
Five Goals and Their Program Elements ................................ 3 .1
Phasing and Cost Estimate .................................................... 4 .1
Appendices
A -Master Plan Orawu19
B -Site Play Capacity Assessment
C -Sile Safety & Quality Assessment
D -Detailed Cost Estimate
E -References
TOC .,
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"Ch~rles Hay Is a lcam;ng community dedicated lo developing Inquiring, lmowlMgcablc and caring young people who damonstr•te academic oxccl1cn co, ln tcrcultmal understanding and rospect for our world." -Charlos Hay E~mentary School Mission S/.Jtomont School Philosophy Charle s Hay currently follows the tnlerna11onat Oaccataureal e Orga ni,ahon (1130) Primary
Years Programme (PYP) curricu lu m and anhc1pales 180 Wo~d Srhool r,lalus for the
2008 academic school year W1lh1n this learning paradigm, students 9"" 1 solid skills m
reading , writing, and math commensurate w1lh the Colora do stot1:1 stanMrds The IBO
curriculum insp,res students to think and lo care about the world ·.round them as they
learn through 1nqu1ry, a fundamental 180 tenet The Themahc f · ,-1r.111• of Inquiry
includes six t11 emes·
• Sharing the planet
Where we are m place and hme
How the world works
Acadqm,cs
The L//oracy Block, wh ich
includes read ing and wnt-
,ng, ,s al least 120 minutes
daily Students learn
grammar. wnhng mechan-
ics, vo,ce, and word
choice while writing for
real purposes and audi-
ences . Wilh in lhe Writer's
Workshop portion of lhlS
block, students examine
how real authors pursue
wnt,ng excellence
Add1lionally, wnt,ng is
mcorpora1ed inlo the P.E ..
music. and arl cnnchmenl
classes
EvoMlay M111hqmatics 1s
the dn,ly, 90 minute math-
• Who we are
♦ How we express ourselves
How we orgnnoze ourselvo~
emahcs block lhal incorporates a ngorou· .111onwMJv Pre-K-6 curriculum The program
emphasucs numbers and 1>allerns lhal fn IU!JPlher rathnr than memon1ahon This
reseArch-ba~ed approac h ,s prove n lo build sl Pnls' mathemat,cal ,nowh;d<JA lrom the
basic.~ lo higher-order lhmkmg and cn11cal problem solving
The Scienco pm/ Soc/nl Studies content standards are met through lnle9rahon w,1h the
lhemahc 180 Programme of Inquiry
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Character Edu~ The IBOIPYP program promotes "desired lra,ts that chamcterize students with an inter-national perspective • Colleclively, lhese tra,ls comprise the "Learners Profile"• • Inquirers • Thinkers • Commun1c.1lo,s • Risk-takers • Knowledgeable • Pnnc,pled • Canng • Open-minded ♦ Well-balanced • Reflechve
The entire curriculum Is 1mb11ed with these pnnc1ples wh,ch are also reinforced by specif-
ic topics and practices at Charles Hay as follows
Action Service learning Is ar, ,mporlant component of development of the Leamur
Profile Students are encoumged lo lake ~clloo lo help members ol lhe local or glot ul
community who are ,n need Examples of profects have included a recycling program
partnerships with area nurs,ng homes, food dnves, and a partnership with la Glo<ia
English School in Mexico
Bully-Proo/mg Aully,ng ,s rtPfini,(1 ,anti addrPs,;e,I so that students learn how to fl'CQ!JI' •~
and respond to ,1 as a canng community Tho school-wide program .I-es replacing
negative behavio<s with kindness.
Small Groups Classroom small group meeting~ are held frequently to p rovide lhe forum
for expressing concerns. for solving problems. and fo, cele:-irating accomplishments. Tne
school counselor also provides small group specific topic meetings. creating a 101\Jm for
discussion thal might concern or interest particular s tudents Small group meetings fos-
ter belonging and commumty within the classroom and the school.
Technology Program The 1ntegral0d technology program and the science laboratory pro•
mote the InquIry approach as do enrichment classes such as PE .• art, music and
Spanish. Daily Spanish IMguage mstrucllon nnd weekly immersion rlasses round out
the curriculum
Project Description
Charles Hay Elemenl,1ry School hAb comnuss,onnd llus Master Plan to provide a com•
prehensive design ro1 the West campus ground~ Th" Master Plan consists both or this
document and;, re ,.Jpwd Master Plan D1nw1nq, " H.ducllon of whlct, Is included on page
:J 1 and in Appentl1• ,. Th,~ plan provide,, ,, ,.ohesivr v,s,on or progr~m ond concepts f0<
lhe entire site as well as a d<'Sl(Jn lraniowork Im ph,.i-, ,q lho s,te improvements In a log,-
cal and econom,r.al 11IannI!r
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Loca tion and Background Charles Hay Elementary School, pictured at right, Is named lor Mr. Charles Hay, the first head of the Englewood Schools (see Inset photo). Charles Hay school is localed at the intersec-tion of Downing and Eastman. The 8-dassroom school building
opened lhe week of September
8th, 1953 to house 312 stu-
dent s. It was funded by a S2 .5
million bond that passed by a
2: 1 voter margin The original
staff included principal Or.
Pauline Stalls and nine teach-
ers, whose 1953 base sal ary In
Englewood was $2920. Charles Hay Elel!lll11tary Schoo4. 3195 S. lafa1ette St.
Englewood. ColOrado 80110. Phone: 303.761.1433 Inset: Mr.
Charles Hay
The Irregular boundaries of th e school's neighborhood district , show•, below, generally
consist or Yale, Logan, GIipin. US-285, and Jefferson.
Charles Hay district boundaries, Englewood Public Schools , July 2007.
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I ~·: School Demographi c Data ~~ The demographic breakdown of the Charles Hay student body compares to Englewood I and Denver as follows Hispanic African American While Charles Hay Eo!I!~ ~ 25.7 Nol Avail 31 .7 3.9 1 7 10.8 61 7 86.4 51 .9 Asian / Pacmc Islander 4.9 2.2 2.8 NaUve American
Other
39 13 07
75
In the 2005-2006 school year, 212 students were enrolled at Char1es Hay Elementary.
Of those, 42.5% qualified for free or red uced-price lunches. Attendance was high ~,
93.8%. Five ~a fety or disciplinary actions and five out o f school suspensions wore
reported.
Chartes Hay faculty teaching experience averages fifteen yl!11rs, compare, I.. .,.. ,i1,..,
average of twelve The average student 10 teacher ratio IS 13.6 to one.
Chartes Hay student CSAP Proficient and Advanced scores are shown below. Areas
trending upward are shown in bold font. Charles Hay 2006 scores compared to all o f
Englewood a"d to Colorado are also shown
CSAP Trend Analysis: Percent Prof1C1ent and Advanced
3 rd Grade Readu ,g
4th C:rade Reading
5th Grade Reading
3rd C,rade Writing
4th Grade Wnhng
5th Grade Wnting
3rd Grade Math
4th Grade Math
5th Grade Math
Z!lll!! ~ 221H wa
75 58 65 64
67 44 52 41
55 68 63 74
54 42 33 52
44 41 32 44
26 35 3q 51
59
66
58
51
46
46 46 50
Comparisons: 2006 Percent Proficient and Advanced Averages
· CH.ES Englewood ~
Reading
Wrihng
Math
Ove ra ll Average
66 61 69
42 40 54
61 58 68
56 53 64
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Student and Fa culty Input Playground Committee The Charles Hay Playground Cornn :•ne, Go Green, oompnsed rn •l•<1 cn1S . slalt and parents. allended a masler planning presentation and a follow-up b,,,111• torm,ng meebng with GPO Land Design Comm,llee members were interested and ;,,,mus,ashc about redesign of the campus The comm,uee cxpmssed lht: sd>•JOl's wishes lo rela1n the ex1st1ng pt:,~ J•<>,Jn<l equip• menl. bul to ·green· and be.1u ,,fy tne s,te while reinforc,ng lhe school's •1:10/PYP pro-
gram The lenn,s courts, Ci ty or Englewood prope rty. are 10 be reta,nt11 l he comm,llee
discussed resurfacmg oplions The mee1mg generated the following ,:rog1<1m •w,sh hst •
• Shade struelurc
• Trees for shade
• Peace garden
• Art pieces
• Galhenng space
Classrooms
• Multi-purpose fie ld/grass
• School sign a t Downing & Enstman
• Community park
Track/path
Downing streel lronlage 1ni;>1ovemen1
The Charlea Hay teac hers conducted Informal workshops w1l h lhel• sM1~111s lo design
the playground , Classroom drawings, shown below. proposed various r mgram elemenls
and layout s. Overall student drawings presen ted slrong Interes t ,n gr1::ern119 lhe slle with
lrees. grass. and gardens summarized as follows:
• 1abtes
• Running Track with hills for biking and jumping
• Obslacle course
• Trees, flowers. and protecled gardens to grow food
• Student sculptures
• Col,gar sculpture, possibly
Cllartcs Hay Elcmcrn,,,
School student SIie plans
June 2007
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Site Inventory and Gene ra l Adequac y Charles Hay Elementary nccup,es h:ill of a coly bloc~ bounded by Lafayette on the East. Easlm3n on the South, Onwning on lhe West, nnd Barrie Park on the north Tl1e ent,re site ,s approxunately 7 2 aetes ,n are11 , of which Barde P, ork 1s apj)rox,malely 2 6 acres Sole elements occupy the following areas bu11d1ng I 15 ,1cres. parkmg lot O 25 acrt:s, tennis O 31 aetes. hardcourl basketball O 17 acres Of llw remaining 2.5 acres, the west and south playgrounds occupy aIiprox1mately 1 87 acres and O 2 aaes, respectively It os these 2.07 acres of playground area upon wh;c'\ th1s site inventory and adequacy repor1 focuses Sizes and surfacmg are shown on the Ex1s1,ng School Sol e Plan on page
22
Ambience
ThH Sll(l itself IS well
situated The low tra f.
f,c, 1esIdenhat nature
of the surrounding
streets provides a
relaxed context The
school's east. front
facade is well t reed
wit:, Ihir.k g reen lawn
and a shghUy
detached sidewalk
The school's e ntire
northern border abuts
Barde Park. which
provides an addihonat
borrowed tand5cape
of mature trees and
heal lily turf. Charles ltay Lnlayouo lawn Pholo July 2007
In cont rast. tho playground on the site's west side 1s generally colorless The expa~se ol
pt,,1 gravel. weathered fenc,ng, utoloty boxes. and lack ol plant materials fade the play-
g round to monotone Thr. vi brant scl100I colors fou nd In the play equipmen t provide
some reloef 1,0111 the 111duw,aI look. ,is does the distant plant m.:uenal present ,n Oarde
Park Nevertheless. the f~ayground generally sits as a gray dosoor,nect between the
green, vibrant east and north s1d13s ol the s1le
Chat!os Hay Elom<'n1a<y SCMol p1.1yground, Dartmouth nnd Ea>tman
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0 .31
ACRES
2.6ACRES
(""r '
11
,...,
.. ,, .
0 .17 .
,b-.CR~.S ,
-I
CIW!l,ES MY J\IMIHIH!Y SCtfOol.
)11511.NAYETTE 8T
EHGlEWOOO. CO IIOl 10
;. ,.
0.25ACRES
. pl2 ACRE!S
.!'I
E~l sllng SChool Sito Plan , not to sce lo Com piled by GPO land De sig n
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ADA Accessibility Compliance The school bu1ld1ng access ,s adequate There are ramps at an street corners and the main entry ,s on grade l1kew,se. the ptaygrou• ' area Is accessible lrom both lrom lhe Eas1man Street cntrilnce and hom lhe wesl bu1kl,ng doors, Wh,te acoess ,s available to the playground. most elements Wlthrn the playground are not accessible The exception, the new play equ,pmenl , IS enllrely accessible lhere IS a route 10 the equ,pmenl. the equipment ,ncludes a tmnsfef platform. and lhe eng,nee1ed wood fober surfaong ,s aa:esslble. The rema,rnng play elements, mdud1ng Barde Park.
an svmgs. all fields, basketball. and lenrns are not accessible Pea gravel and gras.,; do
not consblule acceSSlble route matenals In add•llon. the ktnde!garten area has land-
SCilpe timber bo<ders and Is surfaced ., pea gravel In general. the s,te fails to provide
adequate access1b1hty
Barde Park
Chattes Hay Elementary benefits horn the bo<rowad land·
scape of Barde Park. a lantasuc amern1y maonta,ned by
the City of Englewood The park. part of the ·oty-school
area· is adjacent to ond runs the length cl the e-,1ire north
side of the school s,te. In additioo. two teoo1s courts, also
maon1::3ined by Englewood. are part o f tl-oe •c;iy-school
a rea
The Englewood ParKs and Recreauon Master Plan s,zes
Barde Park at sltghUy less than fou · ,•es Amenities Banlo"""' ""°10 M;/ 2007
include ·a mul tipurpose playfield lhai ,. used for youth
soccer pracoces and 2 tennrs courts th.J I arc rarely used. There ,s also an ,nformat back-
stop localed ,n the mult~purpose pla; .•:d •
The Masl er Plan pomts out lhat 'There are 3 hogh-densoty resodenltal development JlfOI·
ecis proposed for lrns area of the c,ty. W 11h the fruition ol these prOJects. there will ~kely
be added use al Romans Park As such ,t may be necess:iry to upgrade and enhance
Barde Park to rehove some of the pressure on Romans Parl< • Thrs ,ncreased usage wlll
also translate to increased usage ol the Chartes Hay Elementary schoo4 campus and IS
iaken ml o consoderallon in this maslef plan
Bardo Park. otl>I cod Pllolo », 2007
23
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ADA Acccssib//lry Compliance The school llu1ld1ng ac cess is adequale Tl1ere are ramps at all slrc cl corners and the ma,n entry ,s on grade Likewise. lhc playground area 1s ac<..ess1blf' lrom bolh lrom lhe Eastman Strnel enlrance and from the we sl budding doors. .--'. ~t Whole access 1~ ova dable to lhe playground, most elements l\1fllm thP pktyground a re not accessible The exceptlOll, the new pf?y equi pment. 1s e•,urely accessible there 1s a route to the equ1pmen1. lhe equipment includes a transfe · platform. and the engineered
wood fiber surfacing 1s access,ble. The remaining play e ements, 111clud1ng Barde Park,
all swings, all fields. basketball, and tennis are not accessible Pea gravel and grass do
not co,1s1itu1e acce:;s,ble route malenals. In addition, Iha kindergarten area has Ian, I·
scape limber borders and is surfaced In f)b3 gravel In general, the slle fails lo provide
acequale access1b1l1ty
Barde Park
Charles Hay Elementary benefits from the booowed land-
scape or Barde Park, a fantastic amenity rwunta1ned by
the City of Englewood The park, part of the "city-school
area· 1s adjaccnl lo and runs the length or the entire north
side of Iha school site. In addihon, two tenn,s courts, also
main~ained by Englewood. are pa rt ol the •c,1y-schoot
area
The Englewood Parks .:nd Recreat,on Master Plan sizes
Barde Park at shghlly les.< than four acres Amenol1es Bardll Park. Pl10IO July 2007-
include ·a multipurpose playfield that 1s used for youth
soccer practices and 2 tennis courts lhat are rarely used. Then, Is also an mlormal back•
slop located 1n the mu,~ iiurpose playfield •
The Mastor Plan poin ts out that "There aro 3 h,gh-densi'y residential development proj-
ects proposed for this area of lho clly, With lhe fruihon ol lhese projects, there wdl hkely
be added use at Romans Park As such 11 may be necessary to upgrade and enhance
Barde Par;_ lu rel, ,ve some or the pressure on Romans Park· This ,nc,eased usage w,11
also translalo to increased usage of the Charles Hay Elementary school campus and ,s
taken ,n,o COMICferahon in lhis master plan
Ba,dCJ Park. oa,1 end Photo July 2007
.. w f/l en C: w ., ~ w
Drainage 11 In general, lhe s,1e appears lo be free from ma,o, drainage problems. there 1s no ev i-dence of eros ion nor low flow area s However, among numerous surface storm wal er 1nlels, lwo 1ndude concrele hardscape wHh flow-control curb,ng, suggesting significant periodic waler vOlume and velocily ,------....,.,..,.....,,-c-,-,,,,.,.==..,..,,....,=..,,...-,,-..,...,,.., In the kinderganen play arua, the roof drains surface dra,n onlo lhe walkway and ulhmatcly run inlo the sur-
face mlels. Surface
drainage or this type can
create ,oe ,n the winier. The
redesign re-routes lhe
drains to subgrade pipes for
'::-,'====-~-:--::---:--:-=:---------' drainage
Additionally, lhe Inlet grate In the eas t k1nder-
ganen area sits slightly above grade, creating a
tripp,ng hazard.
Neighboring Barde Park lndudes & channelized
drainageway that collects surface water runofr. ~-·, .. _
School use of and proximity lo Barde Park
mandates lhal lhls drainageway be olf ltmtls for Inlet grate abo,e grade, Photo July 2007.
sludents .
Batde Pa,~ dtanagow.iy Pholo July 2007
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I I Fencing and Softball Backstop The ago of lhe s11e·~ fencing and ,1s quanllty con1nbule lo the industnal appearance of lh . 11 Tho we t arl(J SOolh srte penme1er rs bofdered wilh 6' high fencing Th soulheasl corner 1s contained by a 4' fence Th i.r1e·s lenms coun are bord red wrlh ten
fool fenorig Addrllonally, ulrlrhes are
I need on lhe !,OUlh building facade
The ex, ling I nc,ng delr acls from lhe
sr le F nee md. and caps are miss
Ing, the fnbric 1s lorn, and many or the
footings ~•I above grad All or the
fencing Is washed ou t. rusty, and
agi ng . The redesign in cludes rep l c-
lng all s11 fenc,ng with lllack, vinyl
en led m11t,111af .
The ex isllng backstop
looks ne arl y original lo lhe
sile . The rus ty backstop,
without klcidJO;irds, has
broken cf mps anr1 t •ars In
the fabnc Th r d s,gn
remov s lhe 11x,sling b11ck -
stop The Go Gr •n com -
m,llee •nd• tod Ill.It lh
Barde Pnrk ba
sufficrenl for lh
needs
Han:Jcourt Play Areas
The sci1ool ha~ two toner lu lli.l kOlb.11 r.ourts w1lh four backboard totafhng approx,
malely 7 .252 5'.IU..lr f I ;1nd acco,oolO(Jabng approximately 24 children . Th, are;i
occupies about a•,. of lhc t1 ,tal pl.iygrotmd s1iace There rs also a cov red ooncret
space ext no, lo lhc &oulht,rn cid5~rooms wlu ch could be used for hardscape garno~.
howevet, ,I~ prox1rn1ly to th burldrny make~ rl unsu,labte when any of lhe rJas rooms arr
1n u e Th playground would l}fjn r,1 h<>m add1hona l hardcoun 11fay surfacrno for gomo
like teth crball. four squar '. nnd ho11 cotch The backboards them elves are chmlml
and hav cha,n n t,, both of wh1r.h are polenlial sources of injury
Handrails
The silo handrai ls Al the norlh uhhly en trance are ru sted and damaged Ad chl •ully,
none or th silo handrail~ apµea r to comply w1lh lho cu rr ent ADA de sig n stnn rds 1\11
site handrails should be remover! an d re 1pl~ced .
I,) fl Landscape Ti mbers 11 Wood timbers are used on the site around the kindergarten play area And al northwest corner of l he b uilding Wood bu il ding mate11als a re not suited l or c1vIc spaces, especi ally play ~::,aces Wood 11mbers usually contain preservatives that can be ingested through skin cootact, WOOd rots and breaks, and wood has splinters In addrt,on, wood lends an informal quahly to l he sI1e I hat is not In '<eep1ng wI1h the excellence for which Charles Hay Elementary is striving T he wOOd tirihcrs shoul d be removed and replaced with more durable malerials
Plant Ma terial s
The bu11d1ng's main entrance, fronting to LJlayene St1eet. 1s a well-ma,ntalned and Irrigat-
ed lawn, composed of approximately 13,340 square feel of grass Ackl1toonatly. the north
facade, which mct udes 1hr. asphalt pi!rking lot, also hos healthy irngated turf The
rem ainder of t he school site is devoid of grass
The s11e boasts a minimum of 27 mature, hoallhy trees The m.11ority of these trees are
located on th e east . public fa cade, with tho remainder found along t he north and south
facades. shading the bu1 ld1ng and the parking lot In particular. lhree large ash trees
along the south fac,i prnv•1e Rxr.PIIPnt sh"'1e !or this portion of the pla\•groond and for
lhe k indergarten classrooms. The site trees are a ma1or landscape site ameni ty: howev-
er, lhe playground portion of the Sile, w hich faces the ho t western sun. has no trees a l
a ll. The redes,gn adds trees for shade, sound dampen1nq. softness. and learning oppor-
tunol1es.
There is one garden planter on site al the main building .,1ry The planter Is tended and
indudes predominantly xor,c pla nts. Additional but conta.oed garden planters will be
added within the red esign
Playground Equip ment
All s1l e playground equipment and Its capacity 1s summanzed ,n Appendix B. Sil e Play
Capacity Ass essme nt. The composite equipment a nd the indnpendent "climber" type
equipment combine lo accommodate approximately 159 students (The rema1nIng 77
student capac,ty shOwn on this rom1 ,s from field-type games and tennis )
Composile Equipment
The new existing composite play equ,pmenl appears lo adhorp to current playground
equipment design standards. However. lher11 are not separate 1J1:iy "reas for separate
age groups, a fea ture many elementary schools desire
Independent Eqwpmenl
Independent equipment includes a single shde . lwo
climbing struc tures, parallel bars, a balar1ce beam, a
teeter totter, a ghde nde These pieces appear to
satisfy current playground equipment des,gn cnlena,
with 1110 exception of the paralle l bars ,mmediale ly
adjacent to lhe p,ece near tJie basketball COl•rts
The parallel bars arc free-stand"':! hut do not h~ve
a fa ll zone around their entire p.,.,mcter becau~~
they abu t the other structure.
26
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Safely S11rfec,ng The engineered wood fiber beneath the composite equipment appears to be of adequate depth for the structure. especially given the apparent newness ul the piece and the sur-rounding plasllc timbers. The remainder of lhe site's safety surfacing i s pea gravel, the depth requiremenl of wh,ch varies with the height ol lhe structures ·:his material does not appear lo be of adequale depth beneath lhe chmb1ng bar aPP3ratuses nor benealh the swings Swmgs
The exist ing swings are ,n rl•asonabl e condlllon and can accommodate 25 chil dren: how-
ever, they do not fully adher~ to current playground standards. Current standards require
a ran zone o f 4 hmes the he,gI:1 of the swings and safety surlaong at a depth appropriate
to the equipment's polenhal fall t,~1ght. Current standards prohibit swings w,th mo<e than
three swing~ per bay, and prohibit sw,ngs or over 8 feet ,n height for users IY,low five
years of age. The swings should be localod al the site periphery. outside normal circula ,
lion pallerns, preferably backing to a fence . The existing swings meet sorre but not all
of these requirements The swings should be updated with new equipmen' th;;t meets all
current salety requirements
TP.fherbs/1 & Buckel Toss
The letherball poles are rusty and are i nsta ll ed In pea gravel rather than hardscape. This
precludes painting the game's concentric circles and semicircles. The bucket loss is also
within pea gravel which el,m,nates the balls' bouncing. The tetherball poles ment updat-
•ng with either paint or w,th new equipment, and both letherbaU and bucket to..s should
be sIttld ,n hardscape w,th game court striping.
Playing Field
Barde Park's backstop and field are available to the schOOI for softt>all . Addllionally, Iha
site h:is a large expanse of pea gravel w,th a backstop that could be used for softball.
Ideally, •he site should be upgraded lo include a lurl field for •,occer, softbaQ, and other
field gau,es. The remaining pea gravel expanse should bP Jpgraded w,th hardscape
play and other site fea tures.
Seating
There are two benches on Stle ,n exposed, unshaded areas, otherwise. tliere Is no seal-
ing available Seal walls, benches, and tables would be a welcome add-1,on, m both
sunny and shady locallons. Sea~ng should be added throughout lhe site ad1acenl to
both acllve, no,sy play and In qu,et, cal m areas. Sealing nol onl y a llo"s for school day
use, bul also for off-hours community use by families and elderly community members
S hade
The soulh playground, likely provided for k1ndergartenP.rs, Is well slulded by three mature
ash l rees. The remainder or the playground. however, is witho ut shade The building
overhang provides a modicum or shade al particular limes of day. Significant Increase In
shade from lrees and from a shade struclure ,s desirable, particularly g,ven the western
exposure of lh1s playground and the wesl classrooms.
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Storage Sheds The site includes five separate StOfage sheds which dol the ground at every turn Their ubiquitous a nd random locat,ons detract from the c 1v1c nature of the s1l e In add1t1on , the sheds are poorly constructed and of mappropnate materials To remedy this problem, a single larger slOfage bv11d1ng wdl be constructed to accommodate all stOfage Th,s con-c rete storage building will be located adpcent to the parking lot for easy vehicular aocess. m Ex,slw,g slO<ag<l $11CdS Pholos July 2007
Surrounding Uses
The site Is bounded on three sides by res1dent1al housing and on the fourth (north) s ide
by a neighborhood par11 , Bard e Park With the exception ol Downing Street, traffic is
moslly quiet
Tripp ing Hazards
There are multiple topping hazards acros~ the site exposed and damaged concrete
walks, abandoned fence footings, wood timbers, an elevated drainage inlet, and toose
pea gravel on the basketball courts Those ele1nents are remedied or ellminated by the
site redesign
Mlsccl.1000US uw,ng halank Pho,O, July /007
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Concept ual Plan ITT L!J As an 180 cand1cl,ne school Charles Hay emphasizes an overall student skill set that transcends any singular top,c. The school stresses attributes like risk taking. open-mind-edness. and caring coupled with sk~ts hke recogmzing fo,m, function, and causation. tn understand concepts hke how the world works and sham-.g the planet A'i> an tBO cand1• date school, Charles Hay ·fosters the developmenl of lhe whole child. 1101 fUSI 1n the classroom but atM> through other means ol learrnng .touching hearts as well and minds and encompassing SOC1al. physical. emotional and cultural ne>'ds • In summary, the school approoches leam1ng hol1shcally
As the landscape l0t this St'.hool, the playground des,gn finds form from a hol1shc natural
system water morphology The landscape forms emphasizes the mlerconnection and
shared borders found ,n lhe 1nlerpl;,y between land and water For ruxt.lpoMlion. the
playground inrJudch hnear elements. symbolizing human influence and order As a linal
desi gn overlay. lhu plnyground reinforces more literal IBO concepts like ·how we orqan•
1ze ourstilves: an<I ·sharing lhe planet •
Overall. the d ,sign ol lho ployground slnves to slimulate play as well as catalyze loom-
ing through trad1tlunal play equipment a nd non-tradiltonal elements Vanoty in outdoor
activ1lies. both 111 plAy and 1n learning, e ncourages observation, c reative thinking , Md
physical activity. The doslgn accommodates differences in gender. learning style. and
personahty through voricy types and sizes or spaces. The design strives to include art.
nature, science, nnd math within a hands•on outdoor environment.
Five Goals and Their Program Elements
Tho conceptual plan described above 1s e xpressed within the following hvo goals
1 Reinlorce the 1B0/PYP program:
2 Create II run environment that stimulates imagination,
3 Reinforce the park-like local point lo, the neighborhood:
4 f'rov1de separate 11hy areas for vaned age groups and athv1ly lt!vels,
5 Create " place ol t.MC pnde lo, the school community
Goals and their program elements follow within the text The rendorc<t Master Plan
crraw1ng follows on page 3 2 and 1n Appendix A.
3.1
....
I ij 'ELEMENTARY SCHOOL
)1 1$$ lJSAYETTE
"MGI.EWOOO, CO 80t ,o
32
00
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Goal 1. Reinforce t he IB0/PYP Pr,ogram ITT l_!J Sharing th e Planer The Eddy Overlook IS a galhenng place where playground seating overlooks Barde Pnrk Here lhe hardscape ground plane w,11 111dude embedded ooieds and ,mpress,ons ol objects lhal speak to nver detntus Rover bolloms collect plant. rock. and animal obIect:. and debns as well as human lotter This area woll ondude objeCIS that m19hl be de1>0S1ted ,n a 11ver eddy over lime
How the World Work s
Cougar Gardens
Gardens abound w,th learning opl)Ollunohes Sc1e111ifoc concepts indude biology of
plants, hlo cycles of msects, solar aspect. m,crnclimate. and water use Garden expen•
ments may also be used to present malherr.3lIcs ideas like measuring ratio~ ol compost
to soil or planls 10 area. rneasunn<J growth rates. and chart ing growth r~tes
Cror oarct,ins abound w,11, opportvnot,es for understanding where food comes l rom as
well as the resourCOb r11quored for food product,on Flower crops are anol her possoblhty
for st~dent leam,n9 . Flowor crops might be ,.old for fu ndra,si ng. provod,ng earn,nqs lor
st,,dent proIects whole demonstrali ng mathe mal ics concepts i n economics.
Ga rd ens desi gned for birds and bullermes demonstrate how mul hple sp,,~,.J3 ol pl:l'IIS
with like needs co-e x1sl and support other kingdoms. The space ~ould 1m;li ••Jo \f'~,d
host species for catorplllars, nectar llower species for butterflies, and ma1e nals tor habitat
Improvement. Typical pl ants are xenc. Examples including butterfly weed (Asclop,~s
tuberosa). fantana (Lantana camara), butte rfly bush (Buddleia dav1d11). bee bal m
(Monarda d1dyma). common cosmos (Cosmos bipinnatus), black-eyed susan (Rudbe<'.k•,·
hor\a), and purple coneflower (Echonaoea J><•rpurea)
This gnrden. a scllOOI local poinl. w,11 ,ndude a sculpture of a cougar. tho school's mas
oot Th1b comm,ss,on emphasizes scllOOI pnde and civic presence
Garden horn and lt1un:1
3.3
The Stream, a dry stream bed feature. racoh -tates sole drainage wolh elegance The sole has mu lhple surface drainage inlels, !he two in lhe west field are oblrusove Each or these two onlels is set on concrete woth con-crete curbing lo the north of each dra,n. The concrete appears designed lo slow flow and lo eliminate erosion al each lnlel. To beaulo • ly lhese arP.aS whole retaining lheor function ,
the lwo inlels will connect v,a The Stream
The enllre dry stream bed area will be sur-
faced with 1-2" rock cobble interspersed woth
small (2' diameter) and medium (4 ' diameter)
boulders. The base course cobble allows
for drainage and 1nfiltralion while the boul-
ders aid in slowing the waler now and pro-
vkling aesthetic inle~esl Small cobble is
selected because 11 cannot readily be thrown
through windows. Boulders cannot be lifted ,
shifted, or relocated.
This ·naturalized" draonageway provides
interest. beauty, and occupiab le play space. Ex.imple dry soream bed.
It also provkles a teaming opportunity for
how cityscapes dram and how lhal drainage function can be managed wilh imagination
Boulders
Small, medium, and large boulders, sel low lo the ground, provide seating, cllmbing, and
interest in TIie Stream, The Grove, and al the l,ack's perimeter. Boulders lend a nalu ral -
lzed, relaxed tone lo the site while perfom,,ng mult,ple lunctoons. These Immovable boul -
ders also provide material for the study of geology, condensahon, heal retention, mass,
and denstty.
Who We Are
El F-aseo de Las Poetas, The Poet's Wa lk, ,s along the maon east wesl sole sidewalk .
The oentral location of E/ PaSl}O reflects the role or poetry In defining ourselves, II is
both a way lo understand the world and to sh:ire one·s thoughts about ii Poems and
verse In English and Spanish provide opportunity for cult ural appreciation and for learn -
ing a second language. Likewise these poems underscore the commonalities of cultures
wilh their global expressions and lliom, ,.
How We Organize ( selves
The ';;ompass, four,, .ieneath !he oentrahzed shade structure. demonstrates cardinal
dlrectoor, and assists with !he navigatoon on sole. A simple concept, direclior· are funda-
menlai lo how we organize ourse lves for things like travel and for division or I.ind This
feature will facihtate use of the Nav,gat,on to Barda Pam feature descnbed on page 3.5.
34
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'¥7 h'ow We Express Ourselves ~ The Wave Gallary: Ari is fundamental to the site design. Like The Paseo. The Wdve Gallery showcases art Tile overhang adjacent to the kindergarten rooms exurles the modi;mist style or many contemporary art galleries. The space even Includes apertures for light Into the classrooms and onto the art lo be placed here. When carefully filled with art, this space will overflow wtth human expression end aspiration. The gallery has wall space for art al each end, however the main building facade In this area is a wall of windows. To transform this gallery space, two welded wire metal art
panels will be Inserted between sets ol the overhang's support posts . Each unclimbable
panel will Include hardware 10< attaching hangable art.
The ground plane of this space also provides opportunity for artistic expression The
cona-ete In this area. which require& demolition f0< re-routing of the roof drains, will be
replaced by a hardscape wave form. Tile wave will navigate the journey through and
between the art elements in this space. The art elements, Including sculpture and verti-
cal pieces, will be prof~.,sionally comrrussioned or student-aealed to speak to the IBO
Programme's six areas of philosophy.
Wl111n1 We An, In Place and Time
Navigatlon lo Barde Pork is a series of lines and pivot points designed for navigallon
from end lo end, w,th an arc Included as an alternate route. Each pivot point, comprised
of an flush embedded metal disk, will be etched to show the angle created by eaeh
incoming end ex,llll'j lone. This element provides mathematical learning opportunity
Including measuring angles, radii, un i ts, and orientation, facilitated by The Compass fea-
ture.
Go al 2. Create a Fun Environment t hat StlmulItes Imagination
Fonns
The site de~ign lntermlr>gles fn••'!IS, axis lines. and termini lo create a dynamic place.
Change in grade, cha"l,oe in ma .. .rialily, and variety of spaces and sizes all create inter-
est. For example, The G,'?vo, o C"JOI and natural space, Is simply a well-treed area wilh
large boulders. It is not a prog,.11n'lled space but rather a space lor Imaginative play. II
might be en island, ii might be a ship, ii might be a forest. Likewise, the Inclusion of art
site 1ide, tacitly promotes creallve thought and vlsualizallon .
3.5
Asphalt Play Although asphalt ,s not normally considered run, the games that a~phalt can hold are fun. Asphalt, a playground musl, Is capable of providing play space in wet weather an~ with-standing the use from 200 children . The s~e will ga ,n l etherball, four square. wavy hop-scotch, and hopscotch. The current site is devood of mosl lhest: act1v11tes, as the majority of the place space is surfaced with pea gravel. The bucket toss game, currently m the pea gravel area. wilt tie relocated to hardscape m the primary playground Sculpture Courtyard a nd nling
The sculpture courtyard Is a collection of sculptures that
spark the imagination through form and movement while
speaking to the character component or the curnculum.
Sculptures will be speclficaJly commissioned to address
character and integrity. Located Immediately adjacent to
The Grove, lhis contemptahve space Is slightly elevate d,
signalling the sublime blending of art and charar-ter.
Tiling · The Couga r Garden planters and the game tables
will be designed for tiling, includir.g recessed areas ,n the
walls an<' tahletops. Studel't and/or pro/essional work will
provide colui and interest as well as grna t learning oppor-
tunities for 1• " student.. Ideally, these areas will be creat-
ed by artlst: commissioned to work collaboratively with
Charles Hay s1udents, Site till ng surfaces will be
designed large enough l o accommoda te s;hoot art from
multiple years. yet integrated such Iha.I untiled areas will
not seem incomplete.
Goal 3. Reinforce the Park•Like focal Point
for the Neighborhood
Welcome Sign with Garden
The corne r or Downing and Eastman ls lhe
highest vehicular l.raffic area of the s,t e. A sim-
ple but elegant garden and sch\ ot s,gn at lh1s
corner will welco•ne the large/ a,'TllTIUnity.
Identifying lhe school at lhls point s fundamen-
tal 10 community recogmzing 1t as a va luable
rommunity resource This corner Sig, also
begins to identify the core competency artd
Charoder of Charles Hay Elementary
Gst,,ways
T ns main gateway will mark the ex,sllng cam-
fl\,S entry from Eastman This gateway will be
formalized lo provide a welooming entry lor parents, stude nt s, and ~eighllors, signaling
!hat the playgrourid en try Is on Eastman A secondary gateway, 1n10 the pnmary play-
ground, s,gna1s younger ch ildren lo lhetr playground ared and classrooms
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...... ITT Bf!JlChe~. tables. and boulder~ are situa ted throughout the SIie III qJ1et, sem1-achvc ;ind active spaces to provide lo, vaned actIv,11es Care w,11 be taken to design for cold wcath· er. hot weather, group actMlleS, superv,sron of children. and o•,tooor Class galherrng Trees To witness growth anrl the c11a1191119 ol the seasons is a le;irning expe rience Trees .,re the quintessential natives lo any !)ood !)ark or playground, contribuling to a softer, yrN'n-er s,te The add1l100 ol shady nooes throughout the s,te pmv,des c>ppor1umly for usrrs to
play and rest over a wider area ol the s,te, minimizing congestron Likewise. shady
areas adiacent to play a1eas provide spaces lo, patents and lam,hes to en1oy the sole
while supervising their children's play. Trees reduce the sweltering heat of the bwldrng
interror. They also prov1rle natural hah,tats for many birds, squ11rels, and insects Trees
also absorb carbon dioxide and release oxygen
Goal 4. Provide Separate Play Areas f or Varied Age Groups and Activity Lev&ls
Gamo Tables
As part of TIie Eddy Overlook and in the
prl ma,y pla yground , hied game tables
provide for chess and checkers. These
tables also oiler quiet seating for read•
Ing, supetvision , and eallng tor students
and fOf commun,ty s1to v1s1tOfS Olten a
hrQhly act,ve. noisy place , a pldygrouod
also needs these quieter octivrty spaces,
The tables are themselves blan k can-
va s~es for artistic lih ng As shown ,
exquisite lihng is possible when ar1,sts
and students collaborate.
Obstacle Course Equipment
The new equipment In this Hrea will he
sel ected for physica l chollengc, Rather
than lyprcal "cahsthonics· type equip-Example ~;ng. Eoon c1cmenrar, s,hOol Uoo,""
ment, 1h15 area will be designed to chal• Pholo GPf', Lnnd Dcs,gn
tenge the student mo<e dynamically, For
example, a balance bc~m will be followed hy a boulder wall, followed by 1ump,ng 1>0<1~.
etc. Equi pment ,n 1111s urea w,11 be sPlected and Siled in conjunclion with the school stall .
The Grove
The Grove 1s an oasis of shade and light breezes beneath giant trees Large boulders
placed beneath the tree canopy p<o111de seating and gathering spaces This separate but
supervisable area provides a gathenng spot for the neighborhood dunng the weekends
and 'Jr students durlnq the weekdays.
37
MultJ-Purpose Play Field The existing play field Is a dusty sea of pea gravel. As the school's main public facade on Downing, the existing pea gravel ls any1hing but welcoming. An expanse of lush turf w,11 provide the Ideal backdrop lo the school's welcome sign located at Downing and Eastman . An irrigated tun field also prOVldes a green, expansive space for activities like field day, assembly, graduation, and school pedonnanoes. Socce< and baseball games attract the nelghbofhood residents throughout the summer, laklng advantage of the elementary
school and its laaTrtles while school Is not in sessoon. This year-round use deters vandal-
ism and foster.. community ownership. In addrtion. turf fields provide space for organized
team sports°' to simply run, tumble, and play.
T Jlf helps to create a cooler miaodimate for this playground's western aspecl as well as
helping lo mitigate pollution from stonn water run-off from Sile hardscape.
The installation of turf is a particularly appropriate volunteef build activity. Turf rolls can
be organized and placed to maximize efficiency. A field can easily be Installed in one day
with a modest volunteer effort. tn addition to oost savings, community volunteers
VoluntNr eod lnstllation, Fairmont Elemenbl<y school Denver. Sod pholOS GPO Lind °""Gn,
become aware or the school a11d invested In its upkeep.
Play Equ ipment by Age Group
lnlelTIIE diale Playground & Swings
The lnt9rmediate play area w,11 be separated from the primary play area. with the equil)-
ment si:ed separately within individual play pits. The existing intermediate composite
equipment wiU remain ln its current location: however, the play pit will be enlarged and
edged with concrete for permanerce, easy ma1ntenanoe, and on-grade entry. The
enlarged pit win continue to hold all the current independent play eqUtpment with the
addition of the obslade oourse equipment selected by the school. New swings for the
intermediate users will be located along Eastman, baclung to the perimeter fencing. All
safety surfacing will be accessible engineered wood fiber (EWf).
Primary Playground & Swings
The playground immediately south or the kindergarten classrooms is redesigned as a
separate play area for younger students . This area, sel off by a separate gateway, will
include the existing maple trees, new hanlscape, grass, a sand and water table, a play
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•• I~ """" "'· _., "= eq-•• '"' ~'"9' Now o.,a=,-~II ""'""' m space lor l101>scolt:h • no lot lhe reloc<'tled buckel loss game Game lahles 11nd bench ~ w,11 prov,d a11n9 Tim Wave Gallery and 11s art elemenls are included 1n lh1s area The ar a viii bo enclosed by 11 6' fence along Eastman. w1lh a 4 ' fence on the Lafayelle side Goal 5 Create a Place of Civic Pnde for the School Community
The overall goal is obtained simply by updahng the site wllh q•iallty elemenlS mature
trees , , .. N play equ1pmcnl. lennis. an adJacenl park, basketball. and overall good ma1nte•
nance When lhe site integrates visually w1lh Barde Park , 11 will look P•pansivo and con-
temporary, Colorful concrete forms, removal of gray pea gravel, green lrees and garden~
and new lencing will crea1e a sit e of excellence commensurate with a school of exce l-
lence
Shade Structure
The shad stru cturo provides <1 cen -
lrall iod place for µIJyground up rvi -
slon and a q uio le r s1mt:!! near acllve
play. This structur 's placen, nl pro-
vides shade for speclalor walching
acll vllles on th e playin g field and
allows for sealing on lhe grass lo
w alch performances beneath lhe
~tructure . Th slruclure will be eleva l -
ed one step above the playground
level lo laetlltale lh performances .
playground supervision, and lo
emphastZe the s tructure as a school
Icon Example shade slructuro, Goldrlci< Elomonl.l,Y
-Ocnve, Pholo GPO LMd Design
Like lhe IBO Prnnary Programme
graptuc, lh, lructuru will be designed rn a hexagonal shape lo represent the six lopocs ·
language, sooal tut11e~. mathema11cs. arts, science and lechnology, personal, soc,at,
and physical cducal,on Each of lhe s, shade structure roof "pie peces· will be
de igned to dmnon~tr.lle ,ts lop,c, par11cularty m the shadow pattr>rn CIISI onto the ground
below
Fencing
The s1le fencing ere, lo. lh lir~t 1mpress1QO. New, black vinyl fencing w,U considerably
upgrad lh s1le 81,ick vinyl fencrng le nd· lo "disappear" from lhe visual ficlrt, cJ1rnirnsh -
m9 th lndus1n ,1I I I ol , compl tely fenced site and a llowing lhe s,to feat ures to land
oul For lh Sl udonl ,rnd lhe passerby, n ew fencrng will bnng the sile to a con lomporqry
lev I
Waterfall Gathor/11g Place
Th is lurf hill abutt ing lh e school building is a ge nlle s lope for shady sealing onrl for gath -
e rin g Studon ls can asse mble here for outdoor assignmenls or lcclurcs
3.9
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Phas ing and Cost Estimate The slunaled conslruclK>r cosl for lhe enhre Wes! campu:; ,s $714 ,898 Some I menis may be delayed or orrulled in heu or others. In 2ddrt1011 , 11olunleer efloris , ~chool PIOiOCls . and ,n -k,nd goods and services can reduce the budge! A proposed pha ,ng plan 1s shown below I' '!hough somewhat vanable , the mfraslruelure pieces re sequ need lo m,nom,z o conslruchon wasle . See Append1X D ror dela,led budge! work -sheets . e_h.ise ~elcome Sign __________ $_157 349
Turf Field
lmgalion ror Turf and Gardens
Cougar Garden Planlers
Mulch for Gardens
Cougm Sculplure w,th Pedestal
Shade Slrucluro w,th Raised Plaza
Cru~her Fones T, acr.
Boulders
Dry Slrenm Bed
Phue2
Trees
lrriga llon lo Trees
Asphall Paving
Concrele Paving & Slaps
Concrele Art Wave , Eddy, Paseo De Las Poelas
Concrele Edging
Cn:sher Fines • The Grove
Play Pil Concrele wil/1 Ramp s
Soulplure Pedeslals
Sculplure • All ExcepI Cougar
Tiling • G 1den Planters
$246,997
Phase 3 ---------~$208 862 -Conc,ele Game Tables
T,hng • Conctele GaMe Tables
Primary Play Equ,proani ,
Obslacie Equ,pmenl
Swings
Engineered Wood F 1be1 for Play Pols
Melal Art Panels
Pan'!I Arlwork
Pha se 4
. siorag Shed _________ ....;$101,690
Co ncre le Curbing for Shed
12W
4 .1
I I I I Appendix A
Master Plan Drawing
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~ .a::
§
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i:= ;....
~
o! Ii
Z"III
C) !;
z
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ffi
-------------= = DOWNING STREET
LAFAYETTE STREET
CHARLES HAY ELEMENTARY SCHOOL
3195 $. LAFAYETTE
ENGLEWOOD, CO 80110 -. .
Iii w a:
In
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EXISTING
TENNIS
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BARDE PARK
SIWlE STlllJCTIJIIE
PLAZA WITH COlll'ASS
MUL 11-PURPOIE
PLAY FIELD
-CRUSHER FINES TRACK
\ WITH GARDEN
PARK-FER
-~--~ I\. b?
@ EXISTING 1-
(~ .-
I I-SC HOOi. WELCOME SIGN
. --.• :,/ .. r ·. :?:f%f'.t0{i
•' ,, , , : ._.,,;.~_ ~•:,1-j:,!41.ki,i_ ·_ ':.;
. .__ .. ' ;•~~'1ri~~I.
GAIEWA'l'S
EAS IMAN STREET
,•,,i t 1'• ,!/,·1 \ ·••
~-
PRIMARY
PLAYGROUND
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~~'-
11 .\. •• ; I
~ \)\i .. ... I
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(/)
>-
0:: C)
<( !J.I ;:
..... i= lil Z wo w ~ u_ ~~8 W . 0
....J en ~
W u') i.LJ
CJ) ...,J >-;;; ~
<( w
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(/) w
...J
0::
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MASTER PLAN
DRAWING
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Appendix B
Site Play Capacity Assessment
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Site Play Ca pacity School: Charles Hay Elementary School Inspector: Jill Gaschler Add ress: 3195 S. Lalayetto, Englewood CO 80110 Inspectio n Date: July 20, 2007 ''--';11\W '•'!'~ . Count Users I <:epaclty • • ite~i:f. 1' "', .•:,Equipme nt Typo Pro-K 5-12 ' , Accommodated Pre -K 5-12 1 S!ngle51ide 2 2 2 Co<ksaewSloda 1 2 3 Ovortmi>d Hou,on1a1 {t l,mds) 6 ? por 5 1004 ICnl)lO
i: ' Hor\lJnl:ll Slta,ghe 0.. 4 2 ""' 5 loot length .. s CIJmbcr (Hand$ & F"til 6 2 per20sJa,, ~ e
,S, 6 Ctlmb,ng wa, tK.1"011,m,.,,, 1 2 pru 20 sl arc,1
::, 7 7 , : v......ii.-.
i: B •F,rc Polo· 3 2 .. 9 Pods (Spo•g or S13Dltll 6 1 pc, 2 poos
C:
0 10 Gro..<lo LewH.-r 1 1 pef 3 loot length ~ 1 1 Bridge (feel) 2 J pef 10 loollonglh
8 1 2 Oed< . SQuaro 8 •
13 Dod,-H<,, 2 6
14 Sleps 8 1
Subtotal 57 Subtotal
15 $\W,g 4 21 I pef seal
,•, 16 Balance Ocam 1 2
17 SpnngTeelc< lone, 1 ? per 2 ,oats
' :l! 18 To-2 3
C: .. 19 Basketb3n &d!bo;'lrd 4 G j 20 -..r.,.. 1 5
'!! 21 Tennis 2 • c:, 18 .g 22 s0111,a• 1
i 23 Sooce, 1 16
2-2, Glide R-.Jo 1 J
'ti 25 Honloola!Slra,ohlH01 2 1 .s
26 Pa,aa«!I h 'WS 1 ,
27 S;nglo Sbao 1 2
Subtotal 5 38 Subtotal
Su m mary of Cap acity
Playground Capacity Count I
Current Student Enrollment
Cap acity as Pcrce11tage of Current Enrollment
Full School E11rollmont (100% Full)
Capacity as Percentage o f Full Enrollment
4 2 13
6
15
3
14
6
3
J
6
32
12
8
127
4 21
2
2
6
24
5
8
18
16
J
2
2
2
6 109
0 210
NIA 112
NIA 312
NIA 76
, C'-ommonts
-
P1ge 1 ol 2
I Definitions I Compos,1e Equ,pmm,1 re lers 10 mull~funclional , composite equipment lyp<cal ol contemporary play oqu,pmen lnder>endent Element relers lo lree-stand,ng, Stllgfe lunc!,on play elements Instructions a. Equ1pmen1 Coun1 enle, lhe lolal number ol play apparatuses on s1le by user gioup (Pre-Kor 5-12) lndcpende,,1 elements COUlll on lhe 5-12 column unless specif1cally noled otherwise on lhe playground . b. Users Accon1odaled mulliply lhe number o/ p<eces or llld,vidual equ,pmen1 by lhe number spoclfied
c. Capecdy ; e111er the P,odUCI of lhe equipment coun 1 x user <:apacdy, by user group
P1902of2
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Appendix C
Site Safety & Quality Assessment
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Site Safety & Quality LU School: Charles Hay Elementary Address : 3195 S. La fayette, Englowood CO, 80110 Inspector: Jill Gaschler lnspoctlon Dato: July 20, 2007 Rating 10·5 point&) 5:M~. P01illve Rlltt 1 NIA
ckstop(s)?
from vandalism?
the playground fenced off from the
rces. d1tcheS, and etc ?
it without holes. b.vbs and rusl?
ii al 6' high on the 51dOS of tho
eets?
ECE endosod wtlh 4' f ?
. barbs. & rust ebse, 11 lrom tho
Oum sters: Do dunt slers have doseable Uds?
0
0
0
0
h) Trip ~lazards: Is the playground free from tripping hazards like 0 lree slum s loolin s. and rocks?
I) Trip Hazards: Do the grassed areas of the playgrouJ1d appear 0 free from holes?
j) Trip Hazards· /Ve the walkways and ball cou~s free from
lri sfl hazaros?
2 Dralnaa a
al Is lho olavoround free from areas of stand,no wal er?
b) /Ve unpaved areas free lrcm mushy or m11d-1mprlnlod areas?
c l /Ve unoavod areas free from evidence ol erosion?
d) Is the playground free lrnm waler now marks lhol lndicatc slow
0< oroblematic flows'/
el Ale dreln lnlels un-blocked?
I) Is playground paving free from watot-causcd
ci,i.v..wtlaumbl,na areas?
al Is the olavaround paVltlO free from roof draon dr,,.,_..,,,,1
0
0
0
0
0
0
0
0
NIA
2 3 4 5 NIA
3 5
1 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4 ..
1 2 3 4 :!
1 2 3
,._,
4 l
1 2 3 4 5
Comments 1I,sues
Total 27
1 otal Possible 40
Percentage 63%
Totatl 35
Total Possible I 35
Percentage I 100%
Pao-1 of 3
a) Trapeze bars/Exercise Rings/Travel Rings . Have they been removed? b Me r • o-rounds Have the o~~~ •P.moved? c) Pivot See-Saws · Have they been removed? (Refers to fu lcrum con lcr without n s r,n salel mechanism d) Swings : Have anima l figure, mu ltip le occupancy , a11 d rope swin s been removed?
e) Baskelbal! uoals If present . are they 01 the non-climbable
• ooseneck· t e?
f) Basketball Nets Are they present? (Nole nel malenal on lhe
comments .
g) Soccer Goa ls· lf present, are permanent socce r goals firm ly
anchored anrl in ood condot,on?
4 Accesslb/1/tv
a) Are building doors to the playg round free from exterior steps?
bl Are there ramos into lhe olav eaui oment areas?
c) Is the play equipmen t safety surfacing accessoblc (either
enaineered wood fiber or poured rubber)?
d) Are JlJ! playground play areas/act,vilies accessible hy
accessobte route (c .a .. baseball. basketball . soccer. etc)?
e) Are there low act,v,ty (quieter) areas p1ov1ded 011 lho
la round near ho her act,vot areas?
0 2 3 0 2 3 0 2 3
0 2 3
0 1 .-2l 3
0 2 3
0 2 3
0 2 3
0 1 2 3 4 1,
0 2 3 4 5
0 2 3 4 5
o ,1 2 3 4 5
0
0
0
0
0 2 3 4 5
Cl,mbable
Cha/11 Nels
Nori/I stdo & kirnlorgarten
Total
Total Poss lblo
Percentage
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Composite only I
ComposJle onlv .
Composite only I
Totail 8
Total Possiblol 20 I
Percentag e! 40% ■
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6 Amenities a) Benches: Are lh0<e adequale benches? (Note number in commenl s. b) Benches Are benches siled on h;ltdscape and properly lnslalled? c) Trash Cans Are lhere adoquale lrash cans? (Nole number in commeols d Trash Cans : Are trash can lids locked in lace? e) Picnic Tables: Are there adequate p,cn,c lables provided?
Note number m comments
Picnic Tables : If ,esent do the have accessible sear ?
g) P,cn,c Tables. If p<esent. ere they on hard scape areas and ar
th ro etl installed?
h) Shade Sttucture: If p<esenl , does It appear lo be of durable
matenats and installed?
i) Outbuildings: If present, siled to avoid block ing c,rcu lallo~ or
tine of vision for children?
1) Outbuildings If present, of durable materials for a public
la round s,te?
Backst s Are lhe wilhout holes. barbs. & rust?
Sohball Field: Do lhcy have 200' clear fou l l ines from homo
late?
7 Environment I Plant Materials
a) Shade Trees: ts lhe<e occupiable Shade from lrees wrlh1n 50
feet of the otav area? (Nola number In comments I
bl Shade Trees: If oresenl. are,,_, maintained?
c) 01her Trees & Shrubs : If oresent, are thov maintdmed?
d) Gardens: If present. are thev ma,ntainod?
e) Is lhe playground fl8kl large enough for one ,.ottbatl field and
one 165'x300' soccer field w,lhoul ove~~
f) Does the playground appear lo be ,.,,'n.,rlsed of 4(?% or more
-able surface?
al Docs the olavoround Include nallve soec,es?
hl Is the otavaround free lrorn onvas,ve .,,..,,..,s?
Two Zero 0 2 3 4 5 N/A
0 2 3 4 5 N/A
0 2 3 4 5 NIA
0 2 3 4 5 N/A
0 2 3 4 5 NIA
2 3 4 s Too man . WOOden
2 3 4 5
0 3 4 5
0 3 4 5 No
Total 10
Total Possible 35
Percentage 29%
·~ Nooe Oil we>t !Ide; 3 at K
0 1 2 3 4 v--0 1 2 3 4 Very 11/coty
0 1 2 3 4 S NIA
0 1 2 3 4 5 NIA Bardo Park con bo used
0 1 2 3 4 n Yes
0 1 2 3 4 5 N/A
0 1 2 3 4 5 N/A
Total! 16
Total Possible! 20
Porcontagel 80%
Grand Total Score 152 '
Grand Total Possible 220 •
Ovora/1 Percentage 69% '
Paiio 3 ol 3
I I I Appendix D
[ etailed Cost Estimate
------------------Charles Hay ES Landscape Cost Estimate Category Demolltlon Remove Pea Gravel Concrete Flatwork lemove Sw,nosets. Climbers Telherball Basketball Remove Plastic Timbers Demol,sh Wood Timbers Demolish Fencmq Demolish Sheds SUBTOTAL Site W o rk
As phalt
Asphalt· ... Oeplh
Asohalt Paint
L ne S:no,no Four Souare
Line St1101na Bucket Toss
Ltne Stno,na Bas~e,ball
L,tte Str,ou"'~ T etneroafl
Line Stn0 na Waw Hooscotc:11
L,ne Str,0,no Hopscotch
F1e10 Pa1n1 tiuc-<et Toss
Freid Paint Tetherball
Concrete
Concrete Plaza w11h One Ste~
Verttca) Concrete A Garden Planters
Sculpture Pedestal Cougar Sculoture
Sculorure Pedestal Non-Couoar Sculpture
,s• Deolh Flatwork
SDf>r>altv Colored Conctete Surcharqe
Steos to Build,na Doors
e·• Curb at New Shed
1 · Curb tlll Asohalt Edee
Vertical Concrete -Play Pris
Concrete ADA Ramo • Plav P,ts
1· Mow Str,p Beneath Fenc,na
Unll Unit Cost I -• rv -2.00 -~' s 1.50 LS s 2 .000.00 LS s 400.00 LS s 800.00 LF s 2.00 LS s 500.00
SF s 2.22
EA s 75.00
EA s 75.00
EA s 25000
EA s 7500
EA s 100.00
EA s 6500
FA ~ ,u, .UD
EA s 400.00
CY s 375.00
LF s 55.00
EA s 2 034.72
EA s 2 034.72
SF s 3.50
SF s 1.00
LF s 55.00
LF s 18.00
CY s 375.00
CY s 375.00
EA s 950.00
CY s 37500
Amount Total Cost Phase -. 396 s 792.78 1&2 3614 s 5 421.00 2 1 s 2.000.00 2 1 s 400.00 2 1 s 800.00 2 1057 s 2.114.00 3 5 s 2 500.00 4 s 14,027.78 s
18.661 S 41 468.89 2
3 s 225.00 2
1 s 75 00 2
2 s 500.00 2
3 s 22500 2
2 s 200.00 2
4 s 260.00 2
1 ~ uu.UU ,
6 S 2,400.00 2
38 s 13,631.94 1
202 s 11.110.00 1
1 s 2 ,034.72 1
6 S 12,208.33 2
10 882 S 38,087.00 2
!' 938 s 5.938 00 2
52 s 2.860.00 2
55 s 990.00 2
7 s 2.500.00 2
99 S 37,041 .67 2
3 s 2.850.00 2
37 S 13.722 22 3
Phase 1 . . -s 396.39
s 13.631 94
s 11 110.00
s 2 034 72
GPO Land Design 1 August 2007 -Page 1 of 3 Phaso 2 Phase 3 Phase 4 • L(•,:_ •~lt.t s 396.39 s 5 ,421 00 s 2 000 00 s 40000 s 800 00 s 2 114 00 s 2 500 00 -s 4146889
s 225 00
s 7 500
s 500 00
s 225 00
s 2 0 0 00
s 260 00
~ ,u, uu
s 2 400 00
S 12 208 33
S 38 087 0 0
s 5 938 00
s 2 860 00
s 990 00
s 2.500,00
s 37,041 67
s 2.850 00
S 13 722 22
C harl es Hay ES GPO Land Design Landscape Cost Estimate 1 August 2007. Page 2 o f 3 Category Unit U nit Cost Amo unt T ota l Cost Phate Phase 1 Phase 2 Phase 3 Phase 4 .-, Soft Surfaces 1/2" Washed River Rock Cobble • Orv Stream Bed TON s 5190 16 s 851 16 1 s 851 16 Cedar Garden MulCh Shredded 4 • Depth SF s C 50 924 s 462 00 ' s •62 00 Crusher Fcnes w/ Weed Barner & Slabilizer SF s 2 50 9 54 1 S 23 852-50 1&2 s ·590157 s -!!5011.:! En<11neered Wood F,ber for Plav Pits CY s ~6.00 ~32 S 19 865 39 l ; ·;; a56 E:. Plav P,t Landscaoe Fabnc • Two La,ers SF s 025 23322 s 5 630 50 3 I ~ 5 E3C ~!. SUB TOTA L $239,390.83 llletal Metal An Panel EA s 120000 2 s 2 •oo co ~ s 2.:.CC~C
Metal Tree Gra:e EA s 120000 8 s 960000 2 s se::x
ADA Handrad LF s 7500 40 s 3000 00 3 s 3 '.lCOOO
V1nvl Cham Link Fenc,no. •· LF s 2500 54 s I 35000 3 I s • 35000
v,nvl Cham Link Fenc1no. s· LF s 3000 929 S 27 8i0.00 3 I s 21870 00
Vmvl Chain Link Gate (5" Scan> • •· EA s 40000 1 s 400 00 3 I s ~0000
Gateway t l'Cludes loobngs1 EA s 8 20000 2 S 16 40000 3 I S 16 400 00
Shade Stn.:Clure lmdudes •cc: 'IQS ) EA S28 50000 1 S 28 500.00 3 S 28 500 00
SUB TOT AL s H .520.00
~ecreatlon Plav Eaui......,nt ·--Pnmarv • Relocate Buc~e, Toss EA s 40000 1 s 40000 2 s 400 00
Intermediate • Swmos EA S 3 632 20 2 s 7 264.40 3 s 7 264.40
Inte rmediate A Obstade Eau pmen; LS S1500000 1 S 15 000.00 3 s 15 000 00
Pnmarv • Co'Tloos,te Eau cment EA S26 390 00 1 S 26 39000 3 s 26 390 00
Pnmatv . Sv. 1nas EA S 1 223.30 1 s 1 223.30 3 s 1.223.30
Pnmarv • Sana & Water Table EA S 1 852.50 1 s 1 852.50 3 s 1 852.50
Tetlleroall Potes New EA s 300.00 3 s 900.00 3 s 90000
Basketball Goats New EA S 1 500.00 4 S 6 000.00 3 s 6 000.00
SUBTOTA L S 5 9 030.20
\r1 E lem en i. ,...
Welcome San LS s 5,500.00 1 s 5 ,500.00 1 s 5500 00
Couaar Sculoture EA s 5 500.00 1 s 5 500.00 1 s 5 500 00
Sculptures • Non Couaar EA s 3,000 00 6 s 18,000.00 2 s 18.000 00
T,11na • Student Garden Planters EA s 4,500.00 1 s 4 ,500.00 2 s 4,500.00
Wave Gallerv Concrete Art EA s 3,200.00 1 s 3.200.00 2 s 3 ,200.00
Paseo De Las Poetas Concrete An EA s 4 ,400.00 1 s 4 400.00 2 s 4.400 00
Eddv Overlook Embeds EA s 2,000.00 1 s 2 .000.00 2 s 2.00000
T1hn(l • Game Tables EA s 1.100.00 7 s 7 700.00 3 s 7 700.00
Panel An LS s 1.500.00 5 S 7 500.00 3 s 7,500.00
SUH .uT AL !: 58.300.00 ----------------------·-
-----Charles Hay ES Landscape Cost Estimate Category AddUlonal Elements Boulder, Pawnee Rwer Granne • 1 Ton Boulder. Pawroee RNer Grani te• 3 Ton Boulder Pawnee Rwer Granne -5 Ton SUBTOTAL Concrete Storaae Bulldina Sp!IUock 20·-s· x 28' UbhlV Su,chna SUBTOTAL Site Furniture
"Hoop Rael<" Bike Racks -Black Powder Coat
Concrete Game Tables
Coated Bench -Backless 6'
Trash Can w/ Liner
SUBTOTAL
Plants & lrriaation
Small Om ame ntal Tree a1 Welcome S,an
Drouqht Tolerant Sod (Aeve,lle J
F ine Grad ,no so,! Pree for Sod Areas
lrnoaoon Lateral Lines for Sod
Backflow Preventer
Controller
Booster Pump w,th Electrical
lmgat,on Mainline
Amendment for GardenslShrubs
Grass 1 Gal
Perenn,als
lmaat10n to Trees
5· P,ne Tree for Tenn,s
Tree DeCldUOUS 2' Ca!Jper
SUBTOTAL
Estimate Total~ .... -~~
Unit EA EA EA EA
EA
EA
EA
EA
EA
SF
SF
SF
EA
EA
EA
EA
SF
EA
EA
LS
EA
EA
---Unit Cost Amount Total Cost s 325.00 22 s 7 150 00 s 487.50 25 s 12187.50 s 812 50 3 s 2.437.50 $ 21 ,ns.oo !.' S99190 00 1 S 99.190.00 S 99,190.0G -s 12740 6 s 764.40
s 1 ·so.oo 5 s 5.750.00
s 688 50 11 s 7.573.50
s 378 00 5 s 1.890,00
s 15.977.90
s 175.00 3 s 525.00
s 0 .37 25445 s 9.414.65
s 0 25 25 .445 s 6 ,361 .25
s 1 00 25.445 S 25 445 .00
s 2 500.00 1 s 2,500.00
S 2 ,000.00 1 s 2 ,000.0 0
S25 000.00 1 S 25,000 .00
S 6 ,500.00 1 s 6,500.00
s 0 .22 753 s 165.66
s 25 00 25 s 625.00
s 2.2.00 75 s 1,6 50 .00
S 550000 1 s 5 .500.00
s 280.00 20 s 5 600.00
s 600 00 44 S 26,400.00
$117,686.56
_,. ~ , --:-=.~ ~:< <,$7,.14",ll~.27.·
-Phase 1 1 1 4
3
3
3
3
1
1
1
1
1
1
1 ,
1
1
1
2
2
2
-...
---Phase 1 s 7 150.00 s 12.187 50 s 2 437 so
s 525 00
s 9 414 65
s 6 35, 25
S 25 445 00
s 2 500 00
s 2 000 00
S 25 000 00
s 6 500 00
s 16566
s 625 00
s 165000
$157,349.44
ul'U 1.ano ues,gn 1 August 2007 • Page 3 of 3 -Phase 2 Phase 3 Phase 4 • " ~ s 99 190.00
s 764 40
s 5 750 00
s 7 573 50
s 189000
s 5500(;0
s 5 600 :o
S 25 4 00 CO
$246,997.11 $208,861.71 s101,&9_o-;oi,j
I I I I I Appendix E
I References
I
I
I
I
I
I
I
I
I
I
I
I
I
I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Referenc es 2000 U S Census hllp /lwww census gov/ma1n/www,cen2000 hlml Bird and Bullerfly Gardens hllp //www sI edu/9mc!ens/bullerllylslarl him.
Ch.ules Hny Elomunlary School Hislorlc lnformnt,on· Kristin DeAndrea. CHES Parent
Charles Hay Elementary School Ach,evemenl Flier.
Chmles llay Elementary Webs110 hll1> //onglewood.k12.co us/schools/hay/Hay/Ma111.html
City of Enolowood Colorado Webslle hllp/lwww englewoodgov.org
Englewood Parks nnd Recreation M ,slor Plan, September 2006 DRAFT
Englewood School District Webslll , 11tp //www cnglewoodschools orgl
Gras~. ct111d, butterfly flora and launa, grass detail, dry stream bed photos world wide
wob. (Including www.brdlandscai:,e.com )
Tho Piton Foundation Website: hllp://www.pilon org
http.//niarkellng.ubout.comlcslbrandmktg/albrand_objechve.htm
hllp://en wlkiped,a org/wiki/Englewood, Colorado
hllp·//www homotodenvor corn/Stals Enylewou\l him
1,11r,•/Jwww localschooldlrocfory com/z1I1 se;,rch _resull php/zlp/80110
NOTICE
TO: City of Englewood
Liquor Licensing Au1hori1y
RE : Resignation
J, R.L.Lunders resign efrcclive : March 5th
,~ 1._ocj ~ ff
Delivcrorl I~ C11y Clerk al: 2: {-OFJ--Z' tj [j')1
Date and Time
8a
MEMORANDUM TO: FROM: Dave Anderson, Chllir and Members of the Englcw Transportation Advisory Commillee (ET AC)
DATE: February 26, 2008
SUBJECT: RESIGNATION OF MARK CRAFT AND APPOINTMENT OF JAMES WEEKS
Just prior to our January ETAC meeting, we received written notification from Committee
Member Mark Craft that, because of health reasons, he must resign from the Committee,
effective Jar.u,ry 10, 2008.
We would like 10 request that Counci l accept Mr. Cra ft's resignation , and, additi onally, that
Altcmate Member James Weeks be appointed to fill the remainder of Mr. Craft's tenn, which
expires February 1, 20 I 0.
• Please contact Recording Secretary Wilks at 303 -762-2500 fo r further infonnation.
/lw
•
Attach.
c: Gary Scan
D1118m1Unan
(. T y
February 25, 2008
Frunk Eakins
() 11 1
7385 S. Field Cl.
Lmlcmn, CO 80123
RE . Rc11rcc Health ln~ura11cc Rcunbursemcnt
Dear Frank,
r W () () I)~ fl I I
W,:, huve completed dlt chi;ib1lity •u<lit of pibt cmplvyees that arc ~urrcntly rccc,,~ng the
retiree health insurance reimbursement that the City of Englewood 11rovides. Ehg1b1l•ty
of this benefi t is based 011 an employee completing 15 years of con ununus pcn11ancnt
fo ll -t ime service with the City and be at least age 55 at th e time of retirement.
In reviewing your cligib1lity, we nute th.at you d,d not meet the age requirement for this
bcnclil. Therefore we must respectfully deny any future payments We arc very sorry
for any ,noonven1cnce that this error may h,1ve cau$cd.
Should you have nny quest ions regardmg thi~ issue, please tlo 1101 hos,rntc to co11tuc1 1h1~
office
S111ccrcly,
Joon Weber
Bcncfil51t'.is k Manager
1000 t 11~••"' otkl I•.11!cw,,\ l n~, C'\\·001l C ph11 ,,k, tU1 I JO l'111m~ IO I lhl ! \JO 1.1, HJ l 7H I htN/
~, •'"''"''ck"l\1•1'1qf\ 11,ii
\IJrch 17. 200k Ladies and lientlcmcn of the Counci l. M~ name is Frank Eakins. I um a rel ired I 1111k\\1iod firefighter. I spcnl 25 ) ,·urs sc r\'inl_! lh " community and I was pcrmanenlly injo,c. 11 lhe line of dul). A year ago. I had 10 mkc a disabilil) rctircmcnl from 1he Stale ofColurado through the FPPA. llcrc is a copy of,ny re1 ircmc111 application from lhe FPPA. Thi~ is 1hc employds scclion. which \\'ll!i
lilied ou l by I lumun Resource s and signed by Chris Olson. conlim1ing 1ha1 I was laking a
rc1in:mcn1. I also have an cxccrpl from the Colorado Revised Sm1u1cs lhal relcrs lo me as
o retiree under Slate la\\.
Article 26 of 1he lirelighter con1mc1 says thm ··n:1i~-cs·· shall n:ceive a SI 00 per month
hculth insurance benclil. I received this bcnclil for almosl a year. and then lost mon1h I
got a leuer from 1he city saying I would no longer be gelling the money. The reason I was
given was thal I took a disability relircmenl 01 age 53 instead of a normal rclircmcnl al
age 55. The contmcl doesn't have any age restrictions. bul just says "retirees"'. This is the
basis for my discrimina1ion complaint The requirement that one be age 55 is
disc riminatory because it was meant to exclude anyone who was forced to leave earlier
because of a disnbilily. Ci1y policy. state luw nnd Federal law all prohibit discrimination
based on disabili1 y. The ADA requires thal employers make reasonable accommodations
for employees "i th disabililics.
I liled a discrimination complain! wilh 1he I luman Resources dir.:ctor J weeks ago. The
ci1y manager and city attorney were also informed thal I was liling o complainl. They
could have changed the discriminatory polic y in one day. bul they have chosen nOI 10. so
I am forced to bring this to your attention. I will give you until the next council meeting
to correct the situation. and then I will be forced 10 go to the Equal Employment
Opportunity Commission and the Colorado Civil Rights Co mmission. and lilc o fo rmal
complaint of behalf of myself. and anothcroffcctcd retiree named Mike Gruninger. A
cou ple years ago. Englewood was charged with di scrimination and found guilty hy the
civil rights commission. II cnd<.-d up cOSling the city over $350.000. This 1imc lhcrc will
he 1wo lawsuilS inslcad of jusl one . Also. inslcad of namins cily :idministralor.1 us
dcfcndanls. we will name indh iduul co uncil members as dcfcndanls. and you will have 10
explain why you don·11hink people with disabilities should hove 1hc same rights as
everyone else.
rm sorry I hod to bring this up 010 council ml-cting. but this could have been com.>cted
any lime in 1hc las t 3 weeks b) cit) adminis1m1ors. and they chose no110. I hope 10 hear
from you soon .
pc:nsirn1 sckctcd pursuant tu section 11 -31-704 (3) or prol'idcd pursuant tu aniclc 30 < of th is title: ur • (II ) Ila~ no1 reached age lit\)-livc "Ith tl\ent)-liVC years of accumulated service us n member and is a panicipant under the statewide monc) purchase plan pursuant to pan 5 of this aniclc or under a local money purcha ;c plan. (b) The annual disahility hcndi1 for occupational disabihl) for a member who is retired pursuant 10 paragraph (a) of this subsection (2) shall be thirty percent or the
annual base salary paid to the member immediately preceding retirement for disability .
The benefit shall be increas~-d by :
{I) Ten percent of the annual base salary if such member hod a spouse at the time
of becoming occupationally disabled. for so long as such spouse survi ves and is married
10 such member or is legally cntillcd to maintenance from such member in an amount
equal 10 or greater than the amount or the increase in the benefit authorized by this
subparagraph (I). If the amount of maintenance is less than the amount of the increase in
the benclit authorized by this subparagraph {I), the benefit shall be increased by an
amount equal to the amount of the maintenance: except that. for any member who is
receiving the benefit authorized by this subparagraph (I) and who becomes legally
required 10 pay maintenance prior to June I. 2001. the amount of !he benelit shall be ten
percent of the annual bnse salary.
(II) Ten percent of the annual base salary if such member has any dependent
children;
(Ill) Ten percent or twenty percent of the annual base salary depending on the
level of beneliL elected by a member panicipating in the supplemental disability program
described in section 31-31-8(,3.5.
(2 . l)(a) A member who becomes permanently occupationally disabled, as
defined in section 31-31-801 (3.2), shall be retired from active service for ~uch time as ~---
the permanent occupational disability coailiiucs and shall he eligible 10 receive the
disability benefit provided by this subsection {2 .1) or section 31-31-806.5 if the member.
(I) Is not eligible for the normal retirement pension from a plan 1lu11 is part of the
defined bcnelil system pursuant to section 31-31-204 or a local de lined benclit retirement
pension se lected pursuant 10section31-31-704 (3) or provided pursuant 10 aniclc 30.5 of
this title; or
(II) Hus not reached age fift y-live with 1wcn1y-livc years of accun1ulated service
as a member and is a participant under the statewide money purchase plan pursuant tu
part 5 of this aniclc or under a local money purchase plan.
(b) The annual disability bcnelit for a permanent occupational dis..hi lily for a
member who is retired pursuant to paragraph (u) of this subsection (2.1) shall be lifly
percent of the annual base salary being paid to the member immediately preceding
retirement for disability.
{2.2) (a) A member who becomes Lcmpororily occupationally disabled, as defined
in section J 1-31-801 (3 .4), shall be retired from active service for such tim e as the
temporary occupational disability continues for a period up 10 five years from the date of
-103-
0ctobe-r I 0. 2007
·' FPPA
INSTR UCTIONS
• To 1he applican t :
Firo and Pollr.e Pension Association '>?00 rJTC l'n1kway • Swlcl 100 G1oonv,nod Vdt1l{JO, Co'o,ado 80 111 (303) 770-3172 • Toil Free (800) 332-~77~ org DISABILITY. RETIREMENT APPLICATIO Packet 3 -Employers-s
P'Pase ccmp1e10 Part 3-A. lhen g.ve 1111, µac,el 10 your ornpl0'/9r lo, comJ)I0110n ol l'nrl13•B lhrou:Jh 3·E
Ct:her y!'·JJ or your ompioyp, may :,UUln11 me c:ompreten packet to ►PPA It 1s s11oges1od. ho\veve,-, that you retain a p/KlkY.ooy lor your Illas
• To t he employer:
Tile applrcam 1do111ll,od In Pa,1 3-A below has appl,QN 10 FPPA lor o,sab1111y •,111rcrnnn1 ~, lhe appllcanl's crnployor,
your ce,hl·callon ol cer101n ,1erns, such us lhe appl,cam's salary, rs requirecl by FPPA
Please complele Parta 3-B lh<O<Jg11 3.e_ AdcM onal WISlruci,ons are prOVJdlld •n each par1 It you haw quesloos o,
rPqu•re add<rlonal a,f01motron, please con1ac1 1loo FPPA D•sabd,ry BeneMs Co11(l.na101
A hear1119 on 1h1s appl,cat,on canno1 be schcdu'cd un1tl 1h,s padce 1 has been conrplelod nnn returned 10 FPPA. E11her
you or Iha applicant may suom,1 Iha compto1ea packel to FPPA, bui ,1 Is suggoblod thal you re1a,n a photocopy lor your t11os
Your cooperalion Is gren11y npp,ec1e1od
Part 3 • A General Applicant Information
lost N~me Ftrb l
StrCOI
• I I''
c.1v Sl,M
I '
Apt#
7op
r»!'"~J~r, fiO., , . .,,,.,,..,,.
ltO.. \ \Wt , \f\ .t\\-. .. llU)\ _ 0------------------------------••'""'""""""""""""•,_-.,;;,_ ... ...,_ City sets aside $1.2 million to pay potential judgment
Liabili · terns
from firefighte r'.
age-related uit
8Y 0-1<1 J. Chactln ~.,~,.-..,,r.,,
I>cnv .. r lll ICLUng ..,ldo SU
rrJJUon ln c.:..!.e IL runs <'UL or a.p-
pcall and hu , o »:J 1.he costl!
H :t la~).Wt Ir ffltll\01') 1n .oh,!
t.t llre :Jttponmcat
Toe u:lt-dxrltr,1.rk-110n c.w.N
:'d..?ffl.11 ·ro!'I'. a rr-Jssln1 Jwuor
l...tl!ua,Jc oroem er COOJ<.ttoo
&Ill Cldo who tec:a.-:,c a
lllfllllt,tor n<ar1) 30 : ears o;o .
"' 1 I> 11.custd orahoi,WI.·
n; .n MQ't 4bcn a s.Ie·.,..-.:-
dtrt i,:.,-. t.un SS'.0'1' lO
now • <.-cokbooli: unUI l,.he
on<:hehodmllJ)llood1.ntheiro-
ctt)· rto:~c:oukS be found
/'. man1h La.I.er cadoma ·,r~
Dffd..B.r ~lnert"a.l~f -al
nn>.11y~ up and thccmnl-
!".altha.."::Md.--opped.1.Mca.1· re--
!u1Cdtog:lve h.tm ··lsjobbac::i..
1'he CJ.i.)" maiJt? the r,;u-
men b!Ue\'t U. t r not. t.haJ by
Sl.&te s-:..ituie my ~lient ~uld
DO\. be retn5t.i.J.ed because
a.re's• st.:ue (bwl Lh.11 s.a;rs a
Ci rengt,~.e r \\ho b o;•cr ~ 50
D.nCl ls d_ lared el ·l?iblc !or dis•
tlbtlit.y rrtlnn:nent ·:ynotbere•
exa.mlncd ro: ser..ict ... Marl: E.
Cn,Mar ~ CJdomti s a.Ltomey.
"'1ldFrico,y
"'lurl',;.ed ngtn . .ilon_:lhat _:ou
can'l de 1.hal.." Breruun sald-
"'\.Vhlt ~e Cll...V ~ lL"i 58! mg is If
be'd 'bc!icn YOUD%'?:' thnn 50. he
-.'OU!d bt' relnS1'lU•c! •. ,.hich 1.11.0
uy you n d..tcnmmut:.i:
a,:alnsl ,omeone on accou:Jt .:>r
h!a ....
Cado.:--'Ml. ,1,t,o cb.i.rr..s • :m.t
hltl!J·ranldna llrcf.ghle-s ••=
out to gg hJ rn..ru'!!'J I.he en) ..
ll pwcl OII. La,::t )'CU. a J~
.iwankd Clild:>rna SIU0.000
-scaune c,tu..,,rou.!liid"~
e c ly·s dJ.5crimlm.uon
! "' :.,1 4 ~
,t'~ LO !•.c
J'Ct n4. r:c
ugt...ns1. my ;.henL ~a. 'fl •urt11.
,~ Jud. tmposcd ;;ql.1d.Md
dama· .. u:s !nun .11nuun • -qJ. JI'"'
,Ile ooc~ P:l:· lul Juri, .,__.,in; cJ
hen.:::eL.r.c.Daureor.st .J mJ!j?"' I.ti 1.n r., ,-.;_:.
Src:man said.
'r?" d t:{Is wppca:ar.•t.
Still, !\tn:-:cna. Fc:rnir.d~
.Ber-~!)'1,. I z. :nokcswom;1t1 !l'lr
::\i:l\Or J ohn t-itckcnlooricr 1:,,Jtf
the· C1lY dccldeo to put Atd c
Sl~ million to be prude , .t
1·:s a claim re!llen: ! for D
pc..'"ldin;rjudgment.." sh:! !d
F<:rrui:!dez Berko-n1t... dt.?•
dined t,o sn._v 1\'hal the CJ!Y -" JJ..I
~'Jir.g1..odon.cu
-rhe appca;s prc.ccu t-....-1.01.
:;ct n.:n ouL. .. s.11e sa;d
ewoma .suid h...l nrr« ha.•
WkEo an emouona. t.utJ .
.. I •,4,-an• --0 ·..o enc. ll.. ): Id
... 1 '\ .un ;. :-0tr;: LO con:.~\ $Jl-
cd.e.. Ij\111. wurtcd t.o n.n ••~·.•
•~d $
c:.dorna.. ~ ma.tT;Cd !:l.U,u· er
';;.'9:)~ Vlelr...am W.J.T \t:'!ernc
5'lld De praaic'11t, lud ... -us -
~,;e,ment ro-nea.:t, t--•o ye,urs
.:..r...:! J!mosl t e-~ an • .Jcotool--
• RESOLUTION 1'0. :!12 SERIES OF 2008
•
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A RESOLUTION APPOl!'fllNG JAMES WEEKS TO THE TRANSPORT A nON ADVlSORY COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO \vllEREAS. 1he Englc\\ood Trnnspona1ion Advisory Commiue, has been es1ablished as nn a1hisory comnunec focused on tmnsponation issues in the Cuy or Englewood and shall seek 10
promote clo~ coopcrauon bet\\ecn th< City. indl\iduals. busincssc•. institutions ruid agencies
concerned \\ith trallSJ)Ona1ion related ac1i,ities; and
WHEREAS. the Englewood Tmnspona1ion Ad\isory Comminee was eslllb!ishcd by the
Englewood City Council \\1th the passage or Ordinance No. 65. Scnes of2001: and
WI IEREAS. 1here ,s a \'acaney in the Englewood Tmnsponation Advisory Comminee: and
WHEREAS. James Weeks has applied to serve as a member or1he Englewood Traasponntion
Ad,isory Committee: and
WHEREAS, the Englewood Chy Counc il desires 10 appoint Jam~s Weeks to the Englewood
Transpona1ion Advisory Commiuec:
NOW. THEREFORE. BE IT RESOLVED BY nm cm· COUNCIL OF nu, CITY OF
ENGLEWOOD. COLORADO.THAT:
~-James Weeks is hereb)• appo1mcd 10 the Englewood Transpona1ion Advisory
Comminec. James \\'eeks' term will~ e!Tecti"e immediately and \\ill expire February I. 2010.
ADOPTED A.''D APPROVED this 17th day of March, 2008.
ATTEST:
James K. Woodward, t.tnyor
Lnucnshrn A. Ellis. Cit)' Clerk
I. Louerishia A Ellis. Ci1y Clerk for the City of Engkwood. Colorado, hereby cenify the
ab<l\'e 1s a IJ'Ue copy or Resolution No. __ . Seri,s of2008 .
Loucnshia A. Elhs. Cuy Clerk
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COUNCIL CO MMUNI CATION Dat e: M.irch 17, 2008 I Agenda Item: 9 JI I Subjet1: IGA ior DRCOG A~ri, II Photograph\ Initiated By: Co mmunity De, elopme11t DepMtrne111 I Slaff Source: Jo hn Voboril , Planner
PREVIOUS COUNCIL ACTION
There has been no pre, IOUS Council ac11on on d1is man er.
RECOMMENDED ACTION
Stan recommends Council adopt a Bill for an Ordinance authorizing an lnterg01 emmental
Agreem~nl bel\,een the City of Englewood and the Denver Region,11 Cou ncil of Governme nts
IDRC OGI for the Demer Regiona l Aerial Photograph\' Project
BACKGROUND AND ANALYSIS
This IGA "Ill permit the Cil\ 10 participate In the DR COG sponSO<ed Dem er Regional Aenal
Photography Project. This pro1ect will pro\lde upda ted digital ord1ophotography of the DRCOG
region to participating members. The cost to the City Is $5,000 and will be shared between
Community De, elopmen~ Utilities, Wastewater, and Public Works. The cost Is substantially less
than the cost if the Co~ were to undertake such an aerial photograph\ proiect itself. This updated
photography is cntlcal m keeping the City's geographoc mfonnatoon S\ stem (GIS), permit trackmg
system iTr,,kit), w,1ter and "astewater utilities mapping up-to-d,1te .
FI NANCIAL IMPACT
Funding nl this projec t is intluded ;~ the ,1ppr0\ ed ~008 hudgets ol th e particlpaung dep.utments.
ATTACHMENTS
Bill to r ,,n Ord1ndnce
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ORDL>.:ANCE l'-0 SERIES OF 2008 BY AUTIIORlrY ABILL FOR COUNCIL Bll.L NO. 18 INTRODUCED BY COUNCIL MEMBER ____ _
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA)
ENTITLED "LICENSING AGREEMENT REGARDING DENVER REGIONAL
AERIAL PHOTOGRAPHY PROJECT" BETWEEN THE, DENVER REGIONAL
COUNC1L OF GOVERNMENTS AND THE crrv OF ENGLEWOOD. COLORADO
FOR THE CITY"S PARTICIPATION IN THE DENVER REGIONAL AERIAL
PHOTOGRAPHY PROJECT (DRAPP).
WHEREAS. lhe Denver Regional Aerial Pbo1ogrnphy Projecl ",II provide the Ci1y wi1h
upda1ed digi1nl onhopho1ography of the DRCOG region 10 panicipa1ing members: and
WHEREAS. the cos1 is subs1antinlly less thnn if the Ci1y "ere 10 undertake such an aerial
photogr,,phy project itself: and
WHEREAS, the cost 10 Englewood is SS,000 and will be shared between Conunumty
Developmen1. U1ili1ies. Wns1cwo1er and Public Works Dcpanments of 1be City of
Englewood: and
WHEREAS. the updn1ed phologrnphy is critical in keeping the Cny"s geographic
111fonnn1ion sys1e111 (G IS). pcnnil !rocking sys1ern (Troidl). wnler and was1ewn1cr u1ilities
mapping up-to-da1e: and
WHEREAS, !he passage of this Ordmance will permit lhe City of Englewood 10
pnnicipa1e in 1he DRCOG sponsored Denver Regiona l Aerial Pho1ography Projcc1:
NOW, THE REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The City CoWlCil of Englewood. Colorado. hereby appro, e~ 1he
lmcrgo1·ernmen1nl Agrecmem cnti 1lcd '"Licensing Agreement Regarding Denver Regional
Acrinl Photography Projcc1" bclwccri 1he 0cm er Regional Council of Governmems
(DRCOG) nnd the Ci1y ofEngl cwood, Colorndo nu1horizing 1he Ci1y's panicipaiion in 1he
()e111·cr Regional A•rial Pho101-'l'llphy Projcc1 (ORAPP), a cop)' of which is annchcd hereto as
Exh1bi1 A.
~-The Mayor 1s hereby authoritcd 10 Sl!-'11 ond lhc Ci1y Clerk 10 ancsl said
lmcrgovemmental Agrcomen1 cnti1led ··Licensing Agrccm<.'tlt Regarding Derwer Rcguinal
Aenal Pho1ogropl,)' Project"' for and on behalf of 1he Cily of Englewood .
Introduced. read 111 full. and passed on firs! rending on 1hc 171h doy of March, 2008 ,
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Published as a Bill for an Ordinance on 1he 2 I s1 day of March. 2008. ATTEST: James K. Woodward. Mayor
Loucrishia A. Ellis, City Cleric
I. Loucrishia A. Ellis. City Clerk of 1be Ci1y of Englew""<I. L alorado, hereby ccn!fy tha1
lhc above and foregoing is a lrue copy of a Bil! for an Ordinanr;. 1n1roduccd, read in full,
and p1mcd on firsl reading on lhe I 7th day of March. 2008.
l>ucrishia A. Ellis
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LIC EN Sl~G AGREEMEN T REGARDING DENVER RE GIONAL AE RIAL PHOTOGRAPHY PROJECT This Agreement (No. RV08017) is made and entered into this ___ day of _____ , 2008 by and between the Denve r Reg ional Council of Go ve rnme nts (hereinafter referred lo as "DRCOG•) and City of Englewoo d (hereinafter referred to as the "Partner"). RE CITALS WHEREAS , the parties desire lo cooperate in lhe creation , preparallon, use, and
d1slribulion of digital orthophotography (hereinafter referred to as the "Product")
developed through the Denver Regional Aerial Photography Program referred to as
"DRAPP").
WHEREAS , the Partner is a governmental or public servit 1 entity.
NOW THEREFORE , the parties hereto mutually agree as foll,;•• ~:
1. Pu rposes
The purposes of this Agreement are to define the rights an<' ·.t,?1gat1ons of the
part ies with respect to the Product and 10 protection and co11h cl \h • rights,
reproduction, and resale of the Product.
2. Term
The term of this Agreement shall be from the date of execution of this Agreement
through two years following release of the last product update in whk:h the Partner
chooses to participate.
3. Partner Participation
The Pnrtner will be notlfied by DRCOG of planned product updates . At that lime, the
Partn.;r will be asked to submit a Letter of Intent to participate In the update. The
Partner will also be asked to commtt funds as appropriate in its Letter of Intent. If
the Partner chooses not to participate In the next Product update, It should not
submit a Letter of Intent. Following receipt of the Partner's Letter of Intent and upon
completion of updated financial projections, DRCOG will Invoice the Partner for its
portion of the Product update costs. The Product update will no' be released to the
Partner until payment Is received by DRCOG .
4. Termination
a. Funds not Available. In the event that enough local Partner funds are not
collected in order to fund the next round of Product updates, this Agreement shall
terminate two years from release of the last Product update
b. Termination for Cause. If through any cause, either p. ') ~no uld fall to fulfill in a
timely and proper manner its obligations under this contract or violate any of the
covenants or stipulations In this Agreement, the wronged party has the right to
terminate this contract by giving sixty (60) days written notice to the other party of
such termina tion. If DRCOG Is Al hull In this instance, the Partner will be
refunded any payments recelvt r the current Product update. If the Partner Is
at fault, the Partner will return pies of the current Product version in ils
possession .
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5. Payment and License In constderat10n for payment received. DRCOG grants the Partner a non-exclusive. non-transferable license lo tt>e Product to be used strictly and only in accordan::e with the provisions stated in lh1s Agreement. The Partner wlll receive one copy of the Product. and any Producl updates in which the Partner participates. in electronic format for the geographical area they have specified. If the Partner 1s unable or chooses not lo participate in the current Produce update , this Agreement shall terminate two )'<Jars follcwing release of the latest Product update In which the Partner did participa te. 6. Use of Product
a. Current ?roduct Version
1) Permitted Use
(1) The Partner may use the current version of the Product only to meet the
goals and objectives of its business and/or governmental activities.
(2) contractors engaged by the Partner providing contractual sen.,.;es directly
to the Partner may use lhe current version of the Product In order to fulfill
these contractual services. so long as there is written agreement between
the Partner and the Contractor that the Product will not be utilized beyond
this purp Jse.
(3) Derivative Images based on the Product may be displayed on the
Part ne r's World Wide Web site.
ii) Restrictions on Use
(1) Outside of the Permitted Uses listed above, the Partner ~hall not allow
access to the current version Product by any other person or organization,
by any means, unless authorized in writing by DRCOG .
111) The Current Product Version 1s considered proprietary for a period or two
years following product release. After two years , the Product version Is
categorized as a Past Product Version , regardless of whether or not a
Product update has been performed.
b. Past Product Versions
i) Permitted Use
(1) Past Product versions, that Is, those versions that have since been
replaced with a current product version or those versions that are more
than two years old, may be distributed to the public at large .
7. Product Resale
a. The Partner shall not resell the Product.
b. The Partner authoriZE'S DRCOG to sell the Product and any Product derivations.
c. The Partner authorizes DRCOG to collect proceeds from sales of the Product
and any Product derivations and to hold this money for future DRAPP projects.
d. Whenever applicabl e, the Partner agrees to direct purchase requests for the
Product to DRCOG or DRCOG's Aulhorized Reseller(s).
8. Lim ited Warr ant y and Remedy
a. Limited Warranty
I) DRCOG shall use Its best efforts to ensure that the Product Is delivered free
of physical defect. •
ii) DRCOG disclaims any other warranties, express or Implied, respecting these
terms and conditions or the Product.
b. Remedy
1) Partner's sole and exclus ive remedy for breach of this llm1ted warranty will be to return the Prod uct with in 60 days of receii:,t. 11) DRCOG shall, at its discretion, replace the Product or repa ir the Product and return it to the Partner. 9. Assignment and Transfer Partner shall not disclose , lease , sell, distribute, make, transfer or assign the Product or engage in any other transaction which has the effect of transferring the right of use or part of the Product without the prior written consent of DRCOG, except as noted In Section 6 above .
10. Liability
Without wa iving the privileges and immunities conferred by the Colorado
Governmental Immunity Act, Section 24-10-101 et seq., C.R.S .. each party shall be
responsible for any claims , damages, demands or suits arising out of its own
neg ligence.
DRCOG shall not be liable for any activity involving the Product with respect to the
following :
a. The fitness of the Product for a particular purpose .
b. The insta lla tion of the Product, Its use, or the resu lts obtained.
11 .Colorado Law to Govern
This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Colorado .
12.No Continuing Waiver
The waiver of any default by either party or the failure to give notice of any default
shall not constitute waiver of any subsequent default or be deemed to be a failure to
give notice with respect to any subsequent default. Waiver of the breach of any
provision of this Agreement shall not be construed to be a modification of the terms
of this Agreement unless stated to be such in writing and signed by authorized
representatives of both parties .
13.Governmental Immun it y Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 el seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of th e negligence of eitl er party, their departments, institutions, agencies, boards, officials, and employees are control led and limited by the provisions of Section 24-10-101 el seq ., C.S.R., as now or
hereafter amended .
14. ln valid/Ur.:;nforce able Provlslon(s)
If any term or provision of this Agreement or the applic. •k•n thereof to any person or
circumstance shall to any extent be Invalid or unenforceable, the remainder of this
agreement shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforced as written to the fullest extent permitted by
law .
15. Integration and Amendment
This Agreement represents the entire agreement between the parties, and there are
no oral or collatera l agreements or understand ings. No subsequent notation ,
renewal, addition. deletion, or other amendmerl hereto shall have any force or effect
unless embodied in a writing executed and ap;,ro.,ed ., both parties.
IN WITN ESS WHEREOF, the parties hereto r. .ve ~--ecuted this contract on the
____ day of ___________ , 2008.
CITY OF ENGLEWOO D
"PARTNER"
By: -----~~-James K. Woodward, Mayor
ATTEST:
By: _______ _
Loucrishia A. Ellis,
City Clerk
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
"DRCOG"
By:----------Executive Director
ATTEST:
By: _________ _
Administrative Officer
• COU NCI L COMMUNICATION Dale: Agen da llem: Sub jee1: ~ \mh 17. ~008 9au IGA (or Color,1do Labor Jnd Employment Data lnilialed By: I Staff Source : Com 111unit1• De, elopmen t Dep,utment lohn Vobo ril , Planner
PREVIOUS COUNCIL ACTION
The re has been no previous Council ,iction on this matter.
RECOMMENDED ACTION
Staff recommends Cound adopt a 8111 for an Ordi~ance authorizing an lntergo, :1,mental
Agreement (IGA) between the City of Engle11 oo d and th e Colorado Department ol Labor and
Lmployrnent lo re ceive labor and employment data for the City ol Engle\\ ood through the Denver
Regional Counc~ ol Go,emments tORCOG)
• BACKGROUND ANO ANALYSIS
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This IGA will permit the City to receive labor and employment data th rough DRCOG from the
Colorado Department of labor and Employment There Is no cost associated" 1th the acquisition
ol this data. The Department ol Labor and Employment pro, ides this data to DR COG who "ill in
turn provide it to th e City ol Englewood. In order to receive thi s data, the Depar tment of Labor and
Employment required a license a:;reement between the Department and the recipient Acquisition
ot this data wUI enable the Community Development Department to lurther economic development
goals by gainin g a better understanding of labor and employment iss ues wilhin tlie City.
~INANCIAL IMPACT
There are no financial ,.,,, ,-1, to 1he City a~;oco,ted 1\lth th,, lntergo,ernmen1,,I Aw~ement.
ATTACHMENTS
Bill for Jn Ord111,1nce
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ORDINANCE 1'0 SER ICS OF ~008 llY AUTIIORITY ABILL FOR COUNC!l BILL NO. 19 IN1 RODUCED OY COUNCIL MEMBER ____ _
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (!GA)
£NTITLED "LICENSE AGREEMENT"' BETWEEN THE COLORADO
DEPARTMENT OF LABOR AND EMPLOYMENT AND THE CITY OF
ENGLEWOOD, COLORADO IN SUPPORT OF THE CITY'S USE OF STA Tl:. WAGE
AND EMPLOYMENT DATA.
\VHER.EAS. the En11tewood Community Development Depanment ts seeking to receive
Colorado State L:ibor and Employment data through the Denver Regional Council of
Govcmmcnts: and
WHEREAS. the Color:ido DepannK'llt of L:lbor and Empl1>~men1 pro, 1,les lhis data to
DROCOG who will in tum provide 1110 the City of Englewood: and
WHEREAS, in order to receive such data, the Colorado Smte Dcpanment of Labor and
Employment required a hcense agreement bet"een the Cny of Englewood and the State
Depanment of L:ibor and Employment for use of the J3ta: unJ
WHEREAS, acqu1s11ion of this data will enable the Englewood Conununuy Dc\'clopment
Department tl funhcr economic dc,clop,nent goals by gaming a better undcl'>landing of
labor and employment t~sues witlun the City;
NOW, THEREFORE. BE IT OkDAINED BY THE CITY COUNCIL OrTIIE Cl l'Y OF
ENGLEWOOD. COLORADO. AS l'OLLO\\'S:
~-n,e City Council of Englewood. Colorado, hereby appro\'cs the
lntergO\'emmcntal Agreement entitled "License Agremwnt" between the Colorado
Depanmem of Labor and Employment and the City of Englewocd. Colo1'11do m suppon of
the City's use of Stale Wage and Employmem Data through the Den\'cr Regional Counci l of
Go\'emmcnt s, a copy of which is n11nchcd hereto ns Exhibit A.
~-The Mayor 1, hereby authomcd 10 sign and the City Clerk to a11es1 said
-License Agreement" for and on behalf of the Cuy of EnglC\, ood .
Introduced, read in full, and passed on first rending on the 17th day of March, !008 .
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Published as a B111 for nn Ord,nnn.:c on the 11 SI day of March. 2008 James K. Woodward. Mayor ATTEST:
Loucnshia A. Ellis, City Clerk
I. Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby ccn,fy that
the above and foregoing is a uuc copy of a Bill for an Ordinance, introduced, read in full.
and passed on first reading on the I 7tlh day of March. 2008.
Loucrishia A. Ellis
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!'".l~"':iP .:• ~-e·,..,0t DEPARTMENT OF LABOR AN D EM!>LOYM ENT 0ONAlO J MAl('ES becut,ve Orecio, lAIOlt MA.111:[I INFOIMAftON UJ 11"' Sheet, Suile ,oo 0.M"ef, CCMOl'MO 10202•'460 1.103) l11•1164 'lOll )11,1871 This is a legal documcnr: legal cou nsel shou h! he co nsulled before signing. LICENS F AG RE EMENT
T HIS AGREEME NT is made by and herween:
City of Englewood
I 000 Englewood Parkway
Englewood. CO SO I 10
(LICENSEE)
and
THE STA TE OF COLORADO
DEPARTMENT OF LABOR A '\JD EMPLOYMENT
633 17"' Street, Suite 600
Denver, CO 80202-3660
(Licensor)
WHEREAS, lh• Locmsor is an agent of lhc Un11cd S111cs Bwt1u of Lobar Stotisucs for 1h, purpoocs or collecrina
and SC<UnDB QCEW woi:,, cmplo)111Clll data from Colondo cmploy.n and IS 1uthonud to Ila:= this infonNIIOn
10 public and non-public cn1i1ies provided lh•• the lnfonnBlion is adequately secured from non-nu1hori,ed accNS or
publlc•tioo.
UPON ACCEPTING RECEIPT OF THE LICENSED INFORMATION LISTED BELOW, Olt ANY PART
TIIEREOF, TIIE LICENSEE AGREES TO THE TERMS Ali D CONDITIONS LISTED ON TllE REVERSE
SIDE.
LICENSED INFORMATION·
Report Description
T OTAL AMOUNT DUE
Received by:
LICENSEE
By: ____________ _
James K. Woodw~rd
Mayor
Dale
Rep•l r t P eriod Amount
LICENSO R
By: ___________ _
Alexandra E Hall
Director
Labor Markel lnfonnalion
Date
8 X .. I " I T A
LICENSE AG REH IE T TERMS AND LO DITION, I Upon rec.1.!1pi oflOI.JI pa~'fflC'III dur ias: SJ)C'l:1liNon the: fucel, th l.'.' Leen.'-'" gninl, ll noo •c ~clu ~1vc: 1Kcn1r 10 lhC' Llcc:n"t!t IO occcss .and use .as hm11c:d hcrt1n, 11. LKcru.i:tl lnfonr.:.111on 1.U: ~pr.:11icd1m the: fix:c) LICENSOR DISCLAIMS AU WARRANTIES REGARDING TIIE: LICENSED INFORMATION . SPECIFlCALLV TIIE WARRANTIES OF MERCH,,NTAOIUTV A D PARTICUU.R PURPOSE. LICENSEE RELEASES LICEN~OR FROM AN\' CU.IMS. JUDG~tENTS. OR DMIAGES. CONsrouENTIALOR DIRECTLY ARISING FROM ANV ERRORS OR OMISSIONS CONTAINED WfrHIN THE LICENSE!) INFOR. IATION, OR ANV PART THEREOF, OR ARISING FROM TIIE LICENSEE'S RELIANCE UPON THE UCENSW INFORMATIO OR OM ISSIONS OF INFORM ATION . OR .,NV PART TIIEREOF Liccns« ~11 pay tlfl(' 1001 payment due w1r.hin 1t1111y UOI cb)~ of rcccip1 of thC' infonnutioo If paymrnl 15, oo rccc1~•cd hy Uecnsor dunng this r,enod. Licensor shall lnvoicc lhc Licensee. W Liccrucc sh:11! ~y. ror the tow! .:mltlunl specified ('II Ulc fa ce J!lw I i,,11m, fee ckubled 111 the pt':lltcr of cigh1em pcrcc:n1 per annum of the-IWI amoun1 du~ or ""~tY•fi\'C :nl rWIOO dullm (S2S .00 ).
L,ccnscc Kbowltdt."C5 the torUtdcnll:ihJ}' oflhc UC:cnscd lnfmn:.tinn , fo pr01ect the Uccnscd lnf~mn's confiden1i:llity·
I•) ~ccpt in Ute even! ii is ncc cswy for the l.,ccn$tt to u1dlU' .a lhird-party 10 (~t. procc:;~ or~ the inform:JUOf'l, lhc Licensee shol l nQI copy ('If pcnnit
Olhcrs to Cop)' lhc Licensed ln(orm:HNJ n, Of Ill)' par1 thereof In the event the Licensee m\lSI wiliu 11hird•party '° (orm:d, process, ar use lhc infonn,nion. the Licensee
!lh;.ill 11ot allow lhc lhird•r,311)' IO llSe the inforrn:,1ion. or 1ny p.lM tht:rto(, for 1111y pu,po!!e other than the l.Jcenite's \.ibd :idmini~ullti\e runc1ion. Any breach or Licensed
lnfonna1ion'.!I eonfidcnt1.1hty or ;my of the dudo 5JXCiticd in pm"isjon 2 by Llccnsct's thltd•psny sh.ill be dcrmC'd to be I hrcxh un the put of lhc Uccnscc
fb> Llcen~ sh:till UK the LlccnJCd tnfonnacion, o, any~ thereof. onty 10 the cx1cnt ncccssmy 10 ~ISi in tltt: LlccMU"'s wlid 1d1ninistntive runc tlOl'l:
IC) The Lieen,(ce's rlpl:$ IO use lhc inft'lnn:uion an: not mipnble, tk Licensee sh.ti! no1 fflipi or U'tln$fcr, nor nncmp« to 1ui~ or cmn.sfer iu ri;tn.s pu11u:mt
tothiscootr.1e1..
[di Ucmsce dull restrict access: 10 the Licensed ln(orm:i.1io n to cwaly those C1np loytCS or qcnts Q( lhc Licensee ""OOSC :ICCC$.S is ncc~nry IO uss is1 the
Llc:ensN:'s valid lldministraliYr' l'unclion, Upon Licensor's miuat, Llccnsct sha ll f'l'O"idc Lici:,uor a h51inll of~ individuals who m:t)' ~ccu lhc Uccnscd lnfomwion.
lC) Llcerutt s.h111U no1 publish or disclme the Uctnffil. lnfonn.ll[ion. or 11ny pan thereof, ta the cx1cnt lh.i1 lhc inform;,1ion pubh$hcd or any area. industry,
Federal Dqw\mcnt 01' Feder.ii Agency level cont.iins rcwcr tlum three (3) rq,oriin1 units (as defined in C.R.S. 8•7CJ..10)(9), 1987 Rep. Vot, 11.1 amended), ord.hty
pmcn1 (80,tl) of the U>Cal cmplo)meut of d'le 1ppliclble rrponing le"e l is made up b)' , 1inck reronin, unit.
◄, In the n"Clt orLlccnscc's bn:ach of the Lit.-cru:rd lnfumratKll"l'I confiJcn1~1ityor 1111y of the Lkmsci:'s du11cs 5PCCilicd Ul prtJ\'ISIDl'l ,. the Uccns« sh11U. IO lhc
o:teo:t authorized by 11w, indemnify, .savt ■nd hold hlU'ffllw lhc Uccn.sor, ill anployoes 10d qcnts, 11pinst any and 111 i:b1ms . daln;l,cs. lilmility 111nd coun awards •
wludi'.n£ cm IS, expenses, and a11omey fees incum:d u. a rcNll of In)' act or omlukwi by 1hr Ucen,ee, ot ilS employttS. 1;ena, :11uh:onlr.M:l0T1. or 11..uicr,ttS pw,U3N. It>
the tmns oflhisconuxt, And Lhe LkC'MeC WII mum all Llccnsird lnfontJJlhJfi to I.hr Llccnsorandp.iythc Liccnsorthesu mofentlholJJ.IIIOO and no/100 doll:ut
(Sl,000.00).
5. The Licensee .,..~Jmvus lha1 It possesses lhe lq;II oolhon1r10 c:ruer lnu., lhis c~nmk:t. TI,e pn$00 or pmons sil:flina lhu; Con1rat1 oo bchalforlhc Lktns«
also "':imnu ltut they have fuU 111uthc:.'riza,ti0r1 to ciecule dlis coolnlCt
6. The Llctn.Jee OJffS r.h:u 111ll Licensed ln(umg ue)l t5 the $Ole ptupcrty or lhc Lkmsor.
7. Licemcc shall pcrmrl. the L iccmor, lhe U.S. Oqm,rnct11 of I.Abar. or any ulhcr du ly atuhoritcd ogent or govcrruncr11al 1gmcy. to morii1or 111 acti·,itics
conduc:1cd hy lhe 1..,c.ensec purs~nl to the term.~ (J( &his Conlracl , Such moni1oring may c:onsm or utlcmnl cvalootioo proc:cdun:s, e:umimlion of proanm d.Uo. spcci1l
nn11lysn, on-site checking. fonn:il audit cumirunon.°', or url)' OIJ1tt ~bk: prottdW"CI. AU such monitoring !hall be J)MC'.rnttd ln III INIMC'f lh3t shall nQI WM:lul)'
intcrfm with corurnct work.
8, The Utmstc shllll noc1fy !he Licen!Or, wilhLn fh·c (.5) d.'I.YJ 111fto bcina "CfVC'd with n. s.urrunurl$, compb.inl. or other plCll.lina 1fl II c:11sc which in\'OIYC3-~cc,:
provided Wider lhis conmcl and "''hich h:as hem rilal in 1U1)' Fed ml or State court or ldministntivc 111gm:)', IIRd i h:.111 dcli\·cr copia: or suth documcnl 1u the l.itmlor.
9, Th11 Contract ii ln1endal llS lhc comp Ide inlcp:il ln1, ur ;di undmumdinp between the pwlleS No prior or conlc:mponmcous 1ddi1ton, dektion , or other
■mcndmcnl hcrfl0 sh:tll Move IUI.Y furt"e or effect wluitS<lc'Vcr, unlcH cmbod1al hncin In wriung.. No 1ub:Kqucr,1 noY1.1tion. m,cwal, llddilion, dclcdon, Cl' otha' 1mmdmcnl
l'u.Tdo sh;tll h:lvc any force or e!Tec:1 unleM embodied U1 o wrincn conlr.lc:I Qcw\ed and l(lllftlvcd pursu:ml 10 Lht Stntc orCokndo Fiscol Ruks . Any LltfflWJ wulffl' or
on otk-ged brcxh of coofidcnl~lity b)· the licensee or thLld pany ::agent.s of the ti«nsec-is oo t 10 imply III waiver orlln)' subsequent brclch.
10. All ntJtKC$ n:quirrd imd pcnnincd pur5ll.lllt to lhi11 Conlr'JCI J.hall be in wnun1 :and llh:all be drcmcd ;lvt'fl whm penooally SCT'\'cd or three (l) d:I~ 11ncr dqx,sh
ln the United Sl.:lles Mail. posta£C prep.aid. rr:{~c:ttd or cenifK.'d. return m:dJJI rcque51cd . llnd addrmal 10 lh<' ~ ~lilted on lhc fore !iidc or 10 such olho-mkhs.s
us hu been ~i~1cd by • noiire compl)'U\i with ihc fo,qoing rtquin:ments.
11 . The laws of the Sl3te of Colorado and rules and rqul:Jtion, i»ued p,arw.11nl thcrctl> ,:h:aU be.11pr,hc.-d in the llllCflll't"IOliun, ac.,:uttOrl anJ cn(urecmenl of this
contr.1ct. My provision of this C(l(ltmct whether or not incoqxntcd hrrcin by rt!fcrmcc 11o•hic:h iJffi\•idcs for atbitratioo by 111y nlll•judici.11 body or pc:r1011 or whkh ii
othr:rwise in coonicl ,,_. ith s;iid bw1, ndc:s and ft1Ulllions sh.1111 be cMtidcrcd null rand void. The 1cmu: or this Conu,11:1 lll't' severable, and fflou1d any term or provisloa
hi:rrorbc dtdaml inVl\lid or become inopa.ltive far 111ny rrASQn. such b,,'11.bthl)' or Ou lure dial! not 1rfcc1 the validity or 11ny otlla" lcrm of pnwision hmor. ln the event
lhc Controller of th~ Stm: of Colcnido 1ubKqucnlly dWIPSJroves lht!I connct. !his conll'llCt Iha.JI 1crmin111c and lhc S111tc shall mum 1111 SUIN paid by lh..: Licmstt, llld the
Licmsct sh:lil mum an l.Jcfflied b1formo1i ri-1 wiitwut pcnah.y, (.'It ri&ht 10 c11111se or ac:1ion. •
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ORDINANCE NO. SERIES OF 2008 BY AUTHORtn· COUNCIL DILL NO. 11 INTRODUCED BY COl.i1'CIL ME MBER MOORE AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THh ST A 1 E OF
COLORADO. ECONOMIC DEVELOPM ENT COMMISS ION FOR MARKETING AND
ADMINISTRATIVE Sv'PPORT IN THE CNTEU'RISE ZONE,
WHEREAS. in 1990 the City of Englewood applied 10 the Colorndo Depanmcnt of Local
Affairs and was gran ted, Enterprise Zone status for a majority of the industrially and
commercially zoned property in the City of Englewood; and
WHEREAS, the State Ecooomic Development Commission has a competitive b'l"Jnl program
for marketing and admin istrati\'e suppon of Enmprise Zones; and
WHEREAS . the Enterprise Zone is used in the City 10 initiate business retention and
community marketing activiucs; and
WHEREAS, by cncournging businesses 10 take advantage of Enterprise Zone ta, credits, and
highlight the Englewood ousincss community; and
WHEREAS. the Colorado State Ecooonuc IDe\'elopmcnt Commission requires that the City
pro,,dc matching funds to meet Gmnt requirements; and
WHEREAS, the Grant and related Agreement between the Stntc of Colorado Economic
De, clopltl<nt Commission and the Cuy of Englewood pledges S 12.500.00 m local matching
funds to meet this obligation: and
WHEREAS . matching funds have been allocated in Community Development ·s budget: and
WHEREAS. this Grant and the matching funds will be used for a variety of Enterprise Zone
marketing and administrative ac1hitics in the City of Englewood:
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS :
~ The Agreement between the Stoic of Colomdo. Economic Oc\'elopmcnt
Commission, and 1he Cuy of Englewood for n Grant ofSll,S00.00 10 be used for Enterprise
Zone Marketing and Administrative acti\'itics. n copy of -.·hich is nttJehed hereto as Exhibu l, is
hereby accepted .
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~ 11,e Moyor ond Cuy Clerk arc au1oonzed 10 s,gn and attest said Agreement for and on behalf of the Cat)' c,f Englewood. Introduced, read in full. and pas.<ed on firn reading on the 3rd day of March, !008 Pubhshed 3S o 8111 for an Ordinance on 1he 7th day of March. 2008 .
Read by mlc and passed on final reading on the 171h day of March, 2008.
Published by title ns Ordinance No._. Series of 2007. on 1hc 21st day ofMan:h. 2008.
fames K. Woodward. Moyor
ATTEST:
Loucrishia A. Ellis, Ci ty Clerk
I, Loucrishia A. Ellis . Chy Clerk of the City of Englewood. Color•do, hereby certify 1hn1 the
alxwe and foregoing 1s a 1ruc copy of the Ordina1 • rassed on final rending and published by
1i1le as Ordinance No._. Series of 2008.
Loucrish1a A. Ellis
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EDA CONTRACT THIS Con!ract mlde th:s __ day of ____ , ..l@L, by and bet,·,een the Stale of Colorado for !he use and benefit of !he Colorado Office of Economic Development, Economic Development
Comm ission ("ED C "l. 1625 Broadway #27C0, Denver, Colorado 80202, here11afterrelerred toas lheSlale,
and C11y of Englewood 1000 Enalewooo Pkwv Englewood CO 80110 herei na f ter referred lo as lhe
Contractor
WHEREAS, aulhooty ex,sts In the Law and Funds have been budgeted , appropriated and olhetwlse
made available and a sufficient unencumbered balance thereof remains available for payment In Fund No.
1§§.. Approp Code ____ • Org Un,t ___ Contract Encumb. No. E7EQC744 , and
WHEREAS, required approval, c le arance and cocrd1nauon has been accomplished from and wtlh
appropnate agencies. and
WHEREAS, lhe Stale des11es lo promote £conomlc develop,nenl m Colorado by assisting local
cornmun1~es In expandong thel: .<:onomic base; and
WHEREAS, pursuant to 24-46-101 to 105, C R S 1987, the Colorado Economic Development rund is
created, and rs to be admrnlstered by the Colorado Office cf Economic Development In the Off,ce of the
Governor; and
WHEREAS , applica110ns for dlstnbullons 10m the CO:Orado Economic Development Fund have been
received by the Economic Development Commls•;ion, and
WHEREAS, !he Economic Oevelop!T Psi Commission has reviewed and recommended lo lhe
Governor that the proj-xl described In this contract be financed w,lh a grant, and
WHEREAS, the Governor has reviewed the proposed expend,lure of money from lhe Economic
Development Fund to finance the project described In lllls conirac~ and
WHEREAS, the Contrac\J, Is an eligible reclple~t of Colorado Economic Development funds;
NOW THEREFORE It 1s hereby agreed that
1. Scope of Serv'.ces In consideration for the 'llonles to be received from the State, !he Contractor shal do,
perform id carry out, 1n a salts factory and propel' man net, as determined by the Slate, all wont elements
as 1ndicaled 1n !he "Scope of Services", set forth In the Attached Exhibit A, hereintfler re:erred lo as the
'Project" Work perf01m.!d prior to the execution of lhrs Contract shall not be cor.St<1ered part of !his
PrOje. •
2. fi.espons1blf Adm1rusL-ator The performance of the services requ~ed hereunder shal be under the ~•ect
superv1s1on of !he employee or agent of Contractor rdenbf1ed in lhe altached Exhibit A, who is hereby
des ignated as l he adminls1rator-1n-charge of this Project Al any lime !he admirnslralor-ln-charge 1s not
assigned 10 this Project, aA work shan be suspended unl,J the Contractor ass'gns a mutually acceptable
replacement administrator-in-charge and !he Stale recel\les notrficatlon of such replacement asslg, ,menL
3 T111e ol Performance This Contrllci sha" become eflecil\le upon proper execution of !his Contract. The
Project conlemplaled herein shall commence as soon as practic able afle r the execution of this Conlracl
and shall be undertaken and performed In the sequence se t forth In the "Time of Pe11ormanre· in the
attached Exhibit A No Economte De,elopment Comm1Ss10n Funds provided under !his contract wd l be
Page 1 of 7 Pages
I:: X Ii I B l T l
e,;Pftnded 0•1or to the ft;1t execution o' t'\•-; contract The Con1rac10, agrees tha: 11me ,s of the essence 1n • tne pcfform3!"1C'? of its obhgahO"S urae' Ulis Co·wact and that comp e:1c.-. of l"'e Pro,ect shaH occur no later than the 1erm1nat,on date set ronh 1n the ,,me of Performance 4 COIT'pensat ~n a"ld Metl>Od of Payment The State agrees to pay to !he Cont·actor ., conslderat,on for the work and services to be pe1ormed, a total amount not to exceed TW ELVE THOUSAND Fl~ HUNDR ED AND NO/100 DOLLARS ($12 500) Th~ method and lime or payment shall be made ,n accordance With lhe Payment Schedule" set fo,th "' Exh b,t A.
s Accounting. At all times from the effective date of this Contract until completion of this Proiect. the
Contractor shall ma,ntain prcperly segregated books of Stale funds. matching funds. and other funds
assoc,ated w1lh this Proiect. All reee1pls and expenditures assOC1ated with said Project shall be
documented In a detailed and specific manner, and shall accord with the "Budget" set forth tn Exhibit A.
Contractor may adJust t Jdgeted expenditure amounts up to ten percent ( 10%) within Sllld Budget without
approval of the Stale Adiustments of budget expenditure amounts 111 excess t I ten percent (10%) must
be authorized by the ftate In an amendment to this Contract properly executed and approved pursuant lo
the Stale Fiscal Rules In no event shaU the State's total consideration exceed the amount shown In Para-
graph 4 above.
a Unless otherwise provided In this Contract, If Exhibit A provides for more than one payment by the
State, the Initial pay,nent set forth In lhe Payment Schedule shall be made as soon as practicable
afler proper execution or this Contract The Contractor shall lmbate all subsequent payment requests
by submitting documented proof o! proper expenditure ot Stale funds thus far received lo a contract
monitor designated by the State.
b. The Contractor shall request the fula! payment, which Is the amount withheld by the State until the
Project is complete, for the Project by submtttlng to the contract monitor a detailed cost accounting of •
all State funds received and expended towards completion of the Project Upon determining to Its
saUsfactlon that all funds received by lhe Contractor have been properly spent towards
accompltShment of the ProJect, the State shall p-omplly make nnal payment to the Contractor
c. Within ninety (90) days of completion or the Project, the Contractor shall submit to the contract
monitor a detailed cost accounting or expenditures ol the final payment received from the Stale Mt
State funds not expended If! connection With the Proiect shall be remitted to the Slate at that tJme
6 fu!!!!l. The State or Its authorized representative shall have the right to Inspect, examine, and audit
Contractor's records, books and ae<..)Unls, mcluding the nght to hire an Independent Certified Pubic
Accountanl or the State's choos,ng and al the State's expense lo do so. Such discreUonary audit may be
called fof at any lime and for any reason from the effective date of this Contract unlll five (5) yea rs alle<
lhe date rnal payment for lh•s Project IS received by the Contraclor, prOVICled that the audit IS performed at
a hme co nvenient to the Contractor and during regular bus,ness hours. Whether or not the State cads for
a discretionary audit as provided for in lhls paragraph, ii the Project Is accomplished within a si ngle fiscal
year of the Contractor, the Contractor shJI, al the concius1011 of the Projecl and in addition to any olhcr
reports required. submit a report and aud1to(s statement of the ProJect account to the Economic
Development Commission Such report shall be prepared In conjun~hon with Contracto(s regu lar yr 11ty
audit, and roust be submitted w1th1n six (6) montMs alter lhe close of the then current Contractor's fiscal
year
PersQ!!!!g!. The Contractor represents that he has, or will secure at h1S own expense, unless otherwise
slated 1n Exh1b1t A. all >ersoonel, as e:nployees of the Contraclor, necessaiy lo perforrn the work and
services required to be performed by the Contractor under this Con lract All of the services required
hereunder w,I be performed by the Conltactor or under h,s supervision, and au personnel engaged In the
work shan be fully qualified and shall be authorized under StJte and local law to perform sueh services
Te1m,nat1011 of Contract for C-Onl'en,encq or Erther Party Either the State or the Contractor may terminate •
tn,s C0'1tract at any time the party detern,mes that the purpose of the Contract •vould no longer, ~ ser\'td
by co mpletion of the Proiect ,hep, 'ty desiring to 1erm1na1e the Contract shai erte~I such lerm1nal1011 by
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9 g,v,ng vmtlen notice of term1nat,on lo the other party and spec,fymg the efre:11ve aate thereof, at least thl,ty (30) days prior thereto In Iha! even t, all f,n,shed or unfm,shed documents and other ma1enals s>iall, at lhe option of the Stale become Its property Contractor shall repay funds aj vanced and not expended 1n accordance with the terms of th,s contract Con1raclor shall not be rebeved or any obhgat,ons 10 repay funds advanced as a loan, noll'ilthstand,ng any term,nat,on of the cont,act for convenience Term,natlon o! Cor.1ract for Cause Repayment o( Advanced Fur.els a II, through any cause, lhe Conlraclor shan fa~ ta fulfi» ,n a t,mely and proper manner ns obbgauons under lhtS Con1ract. or ,I the Contractotr shaU V10lale any ol the covenants. agreements, or
st,pulalKJ11s or 1h,s Conlracl, lhe Stale shall thereupon have the nghl 10 lerm1nale lh1s Contract lot
cause by g1v,ng wnlten nouce to the Conlraclor of such termmallon and specifying the effechve
dale thereof, at least five (5) days before the eflectlve dale or such termination. In that event. all
fi nished or unf111shed documents, data, studies, surveys, drawings, maps, models. photographs,
media contracts and reports or other material prepared by the Contractor under this Contract
shall, at the oploon of the State, become ils property, and lhe Conltaclor shall be entitled to
recerve Just and eqUtlable compensation for any satisfactory work completed on such documents
and other materoats
b Notw1thsland1n ,bove the Contractor shad not be relieved of iabd,ty lo the State for any
damages susta.. by the Slate by vort ue of any breach of the Car.tract by lhe Contractor, and the
State may withhold any payment to the Contractor for the purpose of se1off unlff such ltme as lhe
exacl amount of damages due to the Stale lrom the Contractor Is determined.
c If funds have been advanced lo the Contractor, Conlraclor shall repay such funds to !he extent
they are not expended 1n accordance wllh the tenns of lhis contract at Iha time of termination.
10 Changes. The Slate may, from bme to bme, require changes ,n the scope of servtees of the Contract lo
be perlonned hereunder. However, this Conltact ,s mlended as the complete 111tegrabon of al
understandings between lhe partJes at this 1,me, and no poor 0< contempo,aneous add1bon, delehon, or
other amendment ~ereto, 1nctud,ng any Increase or decrease 1n the amount of monies lo "e patd to lhe
Contractor, shall have any force or effect whatsoever unless embodied In a written contra , amendm~nl
1ncorporat1ng such changes executed and approve l ' ,rsuanl to lhe Staie's Fiscal Rules. Notwithstanding
this provis10n, changes In the lime of performance .nay be agreed lo by teller 11 so provided for in Exhibit
A. and contractor may make adjustments of less than 1 O percent in budget fine Items as provided for In
the "Accounting" section or this Con1rac1.
11 ConOict of Interest.
a No employee of the Contractor shall perform or prOV1de part•bme services for compensation,
monetary 0< otherw,se, to a consultant 0< consultant firm that has been retained by the Conltact«
under the aulhonty of this Contract
b The Contractor agrees lhal no person at any time exerc,s,ng any function or responsib1hty, In
connecllon with the elements of lh1s project that are financed with State funds, on behalf of lhe
Conlraclor sha ll have or acqu,re any personal hnanclal or economic lnlorost. direct or indirect, wh,ch
will be matenally arrecled by lh1s Conlract. except to the extent that he may receive compensation for
his performance pursuant 10 1h1s Controct
c A personal ftnanelill or economoc interest Includes, but ,snot kmf.ed to
any businen >?nltty 111 which 1he person has a duect or induec1 monetary interes~
11 any real p<operly ,n whteh the person has a d•ect or tnduect monetary 1n1eres1.
111 any source of income, loans, °' gilts recerved by or promised to the person withir, twelve (12)
months prior to the execuhon date of this Contract,
,v any business entity 1n which the person Is a director officer, general or llmlled partner, truslco,
• employee, or holds any position of management.
(1) For purposes ot l h1s subsection, 1ndirec1 investment or interest means any investment or
111terest owned by lhe spouse. paren1. brother, s1s1er. son. daughter, father•1n-ta.,,
Page 3 of 7 Pages
molher-m-law, br o:her-:n-:aw s•s:er-tn-12.v son-n-,aw, or Cl\J3hte, . .,.raw of tne person by an • agenr on his/her behalf by a general, hmi!ed or s~ent partner of rhe person . by any Dusiness ~n11ty controlled by said person. or by 3 trust 1n which he/she has substantial 111teresr A ~Js1ness entity 1s controlled by a person 1f thal person, his/her agenr. or a ela11ve as defined :ibove possesses more rhar f1f1y percent (50'¼) or the ownershrp In1e,es1 Said person has~ suo:1anlIal economic In1eres1 1n a trust when lhe person or an above-daflned relative has a presecI or future ml ercs l worth more lhan One Thousand Dollars (S 1,000 00). d In lhe event a confl1c1 of interest, as desc11bed In 1h1s Paragraph 11, cannot be avoided w11tou1
rrusrraon~ the purposes or this Conlracl. !lie person Involved In such a confhcl of rnleresl shai subi,,:r
ro the Conlraclor and lhe Stale a ful d1sclosurt s1a1emen1 selling forth the details of such con Wei of
,nlerest. In cases of extreme and unacceptable t0nfhcls of interesl. as determ1n!ld by lhe Slale. the
Slate reserves the nght to terminate the Contract for cause. as prov,ded In Paragraph 9 above
Falure lo file a disclosure stalemenl requ,red by this Paragraph 11 shall conslrtule grounds for
termmt1011 of this Conlracl for cause by the Slate
12 Subcontr;,cls. Copies of any and al subconllacts enle,ed inlo by the Conlraclor lo accomplish this
Prorect wil be subm1lled to the Economic Development Commission upon request by lhe Stale Any and
all conlracts entered into by the Con1rac1or shall com!Jly wrlh all applicable federal and Colorado stale laws
and shaU be govemed by the iaws of lhe Slate of Colorado nolwithslano,,,g provisions !herein lo the
conrrary.
13 ~ To the extent thal th is Contracl may be execuled and performanc,l of lhe obligations of lhe
parries may be accompl ished wilhln the lnle nt of the Contract, the terms of lh1s Conrract are severable,
and should any term or provision hereof be decla red Invalid or become inopera tive for any reas~n. such
1m,alldily or failure shall not affecl the validity of any other l?rm or provision hereof The waiver of any
breach of a term hereof shan nol be construed as waiver of ,ny other term.
14 Binding on Successors . Except as herein 01herw1se prOVlded, this agreement shall 111ure to the benefit of
and be binding upon the parties, or any S1Jbcon~actors hereto. and their respectr,,e successors and
assigns
15 Assignment Neither party, nor any subcontractors herelo, may assign rts nghts or duties under thrs
Contract without the pnor wrrtten consent of the olher party.
16. Llm1 1atic,n to Particula r Funds. The parties hereto e,pressly recogcize lhal lhe Conlraclor Is to be paid,
re,m bursed, or olherwise compensaled with funds provided to the State for the purpose of conlracling for
lhe services provided for herein, and lherefore, lhe C onrraclor e,pressly understands and agrees lhal all
its rig his . demands and claims to com pensation arising under I his Contracl are contlngenl upon receipt of
such funds by lhe Stare. In lhe cvenl lhal such funds or any part thereof are nol received by the Slate, lhe
S101e may 1mmed1ately 1ermlnale !his Contracl
17 Mrnonlv Busrness Entemrise Par11clpa1roo. It Is the policy of the State of Colorado that mino111y business
enlerprises shall have the mruumum pracliCable opportun,ty to participate In the performance of 11s
construchon grant contracls The ContraclOf agrees to use its best efforts lo carry out lhls poi cy lo the
fu"esl exrenl praclrcable an1 conS1Slent w,th the efficient performance of this Conlrael As used 1n this
Conlracl, the lerm "m1nonty Dus1ness enterprise· me.ans a business, at least 50 pe~I (50%) of which IS
owned by mnonty group members or, 1n the case of ix,bllcly owned businesses. al leas! 51 percent (51 %)
of lhe 310ck of which 1s owned by m1111,;,:y group members For the purposes of thrs definlliOO, m1nonly
group members are Negroes or Black Ameuc~ns, Spanish-speaking Americans , Asian Americans,
American Indians, Amencan Eskimos and Am~rlcan Aleuts The Contractor may rely on wnllen
rcpresenlations by bidders, conlraclors, and subcontraclors regarding lhe~ slatus as minority enlerp1l•-:s
and need nol ~onducl an 1ndependenl 1nvesbgallon.
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18 I.qw. The slate agency, as purchaser, ls o,empt from all federal e,.:ise la,es u11de1 Chapler 32 of lhP. •
lnlernal Revenue Code [N o. 84-730123K} and lrom all sta le Rnd loca l governmen l use laxes [C R S 39-
26-114(a) and 203, as amended} Vendor 1s he<eby nol1fied Iha! when materials are purchased for the
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be-,e': of I,e S:a:e. s.i:h exempI,ons a0p!yex:ep1 :haI n ce~ ... "po1.: :a sabd,,·s,ons ,ro, exarrp e -c,Iy of Oeo,-eri me veidor may be requ,red 10 pa) sa,e• or use :axes even thoug~I the ., :,mate p·ocu:t 01 serv,ce ,s prov,aed to the S:a:e These sales or use taxes will not be re.mbucsed by :he state 19 lnte!lectual Property. a, ContracIorw,II indemnify Stale for IIs reasonably incurred legal expenses and w,11 defend or settle, at Coniractor s opI on and expense, any legal proceeding brought aga,nst State. to the exIenIlhaI11 is based on a claim that products ,nfrongo a trade secret, trademark, mask work, copyright, or paIent Contractor will pay all such expenses. togetner w,th damages and cos:s awarded by the court which
finally determines the case or are incurred In the •••ttlement thereof, d State (1) ~•ves wn:ten notice
of the claim promptly to Contractor; (ii) gives Contractor cont•ot of the defense an,1 settlement of the
ciaim; (iii) provides lo Contraclor. at Con1ractor's expense. aP avaiable lnlormat,o,, and assistance:
and (iv) has not ~mprom,sed or se!Ued such cia,m.
b If procucts are found 10 lllfr,nga, Contractor will (i) obtaco for St2!e the nght lo use sloCh ~roducts. M
replace lhe products With non-,nlnnglng products or mcddy lhe produ::s so that !hey become non-
Infringing: or, If neither or these AJternalNes is reas~sably ava,lable, (Iii) remove the lnlnnglng
products and re'und the pnce paid therefore
c. Contraclor has no obligation under th,s Paragraph 19 for any claim which results from: (i) use or
products In combination with any non-Contra ctor provided equipment, software or data; (ii)
Conlractor's compliance with designs or specification of Slate; (fu) modiicalion of products other than
at Conlractor's direction; or (Iv) use of an alleged ly Infringing version of producls, If the alleged
lnfri. ,gemenl could be avoided by the use of a ddferent version made available to Stale.
20 Order of Precedence In Ihe ever,t ,r conflicts or inconsistencies between this contract and Its exhibits or
attachments. such conflicts or lr>c-:ns1stencles shaU be resolved b)· referenre to the documents in the
follow,ng order of prionly: 1) Color .do Special ProV1Sions, pages 6 to 7, 2) Contract. pages 1 to 5; 3)
Exhibit A; 4) Any atl3Cnm~nts It' 6 ,,bit A
21 NolWllhstarolng any other Ierm ""OVlSPO!\ ,n th,s conlracl indudllJ9 the prev10Us provis,on entotled
"Order of P·eceaence" the pm,.· .'·ffl lhat Special PrOV1s,on 3 shalt be amended as follows·
3 INDEMNIFICATION. To the extent allowed by law, the C • ,:ractor shan indemndy, save, and hold
harmless ~~e Staie, its f,mployees and agents, aga:nsl any and all claims, damages, l1ao,I,1y and :curt
awards ,ncludlng costs , expen~es, and attorney feels and related costs, incurred as a resu lt of any act
or omission by Conlrector, or Its employees. agents, subcontractors, or assignees pursuanl to the
terms or this contract
Page 5 o! 7 Pages
SP ECIAL PROVIS IONS _l l. CONTROLLER'S APPROVAL, C RS 24·30·202 ( 1 ) T111s con~ract Shall nr.,t be ~rr'letl -valid iJl"ltll t l'IH been approved b'r' the • Cglor1dr State-Col'ltrolitr o~ des,gnec 2, FUND AVAIi.ABiLITY, CRS 24·30-202(5.S). F1nanoalcc,(tg.1ttonsoltheStAUp.a}'a~ •61:Ct"the .u~rsca1 year,recOt1ti"O""'ll upon fuoas for that purpose being Qppropr1n1&d, budgeted, and otherwise made avo1laf'ole J. JNDEMNIFJCATION CoricrKtor shall 1~demmfv ... ,..,ve, and hold harmless the Slate, 1U ernolovccs and agents, again.s:t il"y and 1111 c:q1.,,s, aamages, 1,abd.cy and court awards including costs. r•PN1~.es. ind attomey rees a,ld ,e11ted costs, rno.,rrr.d as a rt:R,k of afly act or omtsston by Contractor, or its employees, agents, subcontr.Jc.tcrs, or 1sstgnees JNrsuant to the te"'mS of th1, con~ct {Applkable Only to l ntargovernmental Contracts} No term or c.onciittOn or th1i; cxmtract shaU be construed or interpreted as a wal\er. express or wnpled, of any ot the mmun tW!i, nghts. bcne~1ts, protec.tlO'I, or other provtst0n1i, ot the Cok,rado Governmental
1tnmun1ty ACt, CstS 24•10·101 ct St!Q., or the Fedcr1I iorl Cldtms Act, 28 U.SC 2671 el seq., as i11pQlicaole, ts now o, hereafter
arnended.
•· INDEPENDENT CONTRACTOR. 4 CCR 801·2. Conuacto, shall perlonn ltsdu1"'Shereunde<as•n lndepondent contrKtorard not
es an employee Ne1th er contractor nor any agent or employee of contractor shal bt or shalt bt deemed to be an ,oeni 01' employee of
the state. Contractor shell pay when due all required cmptoymcnt taxes and ,ncomc tues and locat hN1d taxes on anv mon,es paid by
the stat• purJuant to th•s contract. Contrector acknowledges that contNJictor and lts emr,loyees a ra not en titled to unemployment
lnsurant.e ~~nts un~ c:ontrac.tor or a third party provtdes such coverage and that th~ state does no4: pay ror or otherwise provide such
coverage, Contractor shall have no outhor1nt1on, express a, 1m~1ed, to bmd the state to any agreemer\t, bbtl1ty or undef"stand,ng,
except as expressly set forth herein Contractor shall pro11 ldc and keep In force workers' compensation (and provide proof of such
Insurance wht-n ~uesred by the Stile) and une:rnployment a:,mpenntiot1 insuranc.e tn the l'lmounts required by law and shall be solely
respons.ble for its acts •nJ those of Its employees and ogents
s. NON-DISCRIMINATION . Contractor agree s to comply with the ltttcr and the spirit or all ar,pllc-able State and federal law1
re.!OCC--Jn9 dtSCrlmJnabOn and unf1lr cmploymcn, pntctlces.
6. CHOI CE Of" LAW . The Saws of the State of Colorado, and rules al'Kt regutaucms i.ssued pursuant thereto, shell be •P:'hed WI the
lnterprotallon, execution, i1nd enforcement of this contract. Any provtsion or thfs contract, whether or not 1nc.orporautd herein by
rererence, whJch provides for arblll~tlon bv any utra~judiaal body or person or which Is otherwi se In connlct with said laws, r'ule.s1 and
regulaltoo~ sholl be c;on~ nul, and void. Nothmg contallltll ln 1ny prvvls!on IMOrporated herein by reforcncc which PIJrpo,U to
negate this or any other socctal pr('vlslon In whore or In part shalf be v1fld or enforceable or avaUabfe 111 any amon at taw, wh&her by
way or complaint, derenn, or 0U1crwlse. Any pro\llSIOn rendered null and void by the Operation ot this provision wlll not ln11alldate the
re.m,lnder of this contraict, to the r.xtent that this conu-act ts capab le of c;:ecutlon. At all times d1Jrlng the performance of this contract,
Contractor shall stnaty adt\efe to all anplable federal and State laws, Nies, Hd regulation.s ~at h&ve been or may hereafter be •
established.
7. (Not Appllc•blo to lntorgo•ornmontal Contracts) VENDOR OFFSET. CRS 2 4·30·202 ( I) e nd 24•30·202.4, The State
Controller mctiy wtthhold Hrnent of certain debls owed to State-vendes !inder the vendor otfset intercept system for: (a) unpaid child
• support debt or child support arreal'.lges; (b) unpaKI b.llances of tax, acaued tntere$l, or other charges speofied In Altde 21, Tlt1e J9,
CR.S; (c) unpaid bans dul? to the Student Laun OJvlslon of the OcJ)Ortmentof Higher Educ-atlon; (d) amounts required tobe paid to the
Unemplo~nt Compensation Fund; and (C) other unpaid ~ebts owing to the State or 1u agencies, as a result of (ma l agency
decerminauon or reduced to Judgment, as ccrtJied by the State Controfttr.
8 . SOFTWARE PIRACY PROHIDITION. Governor's Executive Order O 002 00. No State oro-thcrpubOcfuncfs payabfe underlhtS
contraa Shaff be u~ed for the acauislt10n, opcration, or malnte~m::e of computer sortw111rc 1n vlo~atlon or federal copyright laws or
apphc.able licensing restrtcttOfls Contractor htret,y ccn1ftes that, for the term ol this contractttnd anyextenSIOns, COntraaor hH an place
appropriate S)•Stems ond controls to pre..,ent such improper use ot publK fonds. If the State determines that Contrtctor ls in 't'iolauon ot
lhls paragruph, the State may "xe.rc.lse any remedy available at t~w or CQ\llty or under thls contract, lnduding, wtthout l1m1tat1on,
1mm«11;,te tennlnation of this contn,ct and anv remedy conskltr,t with federal copyrtght laws or appUcab!e hccnslng r'es1rlct.10ns.
9. EMPLOYEE FINANCIAllNTEREST. CR$ 24-18•201 ond Z.-50-507. ,,,. sl9no1on .. a,er th•tto lhelrknowledC}<,noemolOyoe
of the State hns Dn,' pen~oniJI o, bcnet1c1a1 Interest whatsoever In the servk:e or property described 1n llus contrncl.
10. (N o l Appl/cable to l n tergovo11monta/ Contr•ctsJ. ILLEGAL AUENS -PUBLIC CONTR4CTS FOR SERVICES ANO
RESTRICTIONS OH PUBLIC BENEFITS. CRS 8·17.5-101 and 24-76.5-101 ConlriJctor cerllf•os 1h41 -shaft~'""'""'
protlslons of CRS 8·17.5· 101 et seq. Contract.or .shall not knowingly employ or c.ontMct with un Illegal ahen to ~USJm.d.«..t!J.lli
'2lll!Jlct or enter Into a contract with a subcontractD( that fails to certify to Contract:01 thi:1t the subcontractor shall not knowlngly en,ploy
or ton\fi>tt with an l~I 11~ 1-0 ~,,.-~lht~-Con\1.ltlor represents, w1n-anu, and agrees lhbl it (l) Ms venfo!d
thal it does not employ any Illegal ahens, through pa,tic;1rat10n 1n u,e Bnstt Pilot Etnpluyment venfahon Program 11dfflln,st.trrd by the
Sooal Scrurlty l'\t!mlnlstra,1on and Depat1mi..'r1l of Morni•land S1mmtv, and {11) othcrwl!:.e shHII comply with lfle requlremenu or CRS B·
17.S·102(2)(b). Contractor shall comi>'v with 1t1' 1ble requests made In lhe course of 1tn 1:wesl1!):Jlion under CRS 8•17.S-102 by
the Coturado Department of Labor and Empie,, , .,,lure lo comply with any rcqu1,cmcnt of '-s provlSk)n orCRS 8-17.5· IOI et seQ .•
sha~ De cause for termination ror-brl!ach and Contrd1.tor shall be habk for actuJI nnd consequt-·•~I damages.
Contract.or. If a natural person e,Ohtcen ( 18) vears of ;sgc aroldci, hereby swears or alfinns unde "penalty of perjury ttiat he or she (1) Ir;
a ouzcn or oche"",se lawtu,ty p•HCOt In the United States pursuant tofedt-ral t.,w, (Ii) -s:hallcornply w,th the p,ovlsrons of CAS 24·76.S
\01 et •ec'I , and (ill) sh11U produce one form of 1denbflcat1on rCQulred by CR.S 24-76 S 103 prior to the effctllvt date ot this contract
ste,-~ Octoi"Cr 25, 2006 EHccllve Date o f Spcclal F>rovisl ons: August 71 2006 .
P.igo ..L ol ....]_ pagos
• THE PARTIES HERETO HAVE EXECUTEO THIS CO NTRACT CONTRACTOR: Cily ol Englewood l.0011 Name o, Contrachng Enl1ty
84-6000583
SOC1.1i Sea.ncyNumbeior FE M
$tgn.1\XI ol Auuionied OHar
James K. Woodward , Mayor
Pr!N N amt & Ti«e of Autt,orized Offic.ef
CORPORATIONS:
IA eo,porolo 1lleslah011 11 requwed )
STATE OF CO LO RAD O: B ILL RITTER, JR. GOVER NOR By_~-------------Alice Kotrhk, bepuly b,rector
Office of Economic Development
PRE-APPROVED FORM CONTRACT REVIEWER:
/'
By ,,) • ,, I (~ ),, '----
~nya Guram
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A!tesl(Seal) By
Loucrishia A. Ellis City Clerk
(Corpo,111 Secrelaryor Eqwvlllnt.or T~oayclet() (Place corporate sea,ht•t. 1l1tJ1.¥atlit.)
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A LL CONTRACTS M UST B E APPROVED B Y T HE STATE CONTROL LER
CRS 24 -30 -202 requires that the State Cont roller approve all st ate cont racts. This contract Is not valld until
tho State Controller, or such assi stant as he may del egate, has s igned It. The contractor la n ot authorized to
begin performance unlll the contract Is s igned and dated below. tf performance begins prior to the date
below, tho St ate of Color ado may not be obligated to pay for the goods and/or sorv lcos provided.
STATE CONTRO L LER:
Losllo M, Shenelell
By ___ ~-~------
John Rubano
Date ____________ _
l:.ff«1ivo Date August 7, :006
Pago _7_ ol _7 _ pag es
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• EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
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El<~!IIIT A Coio,aoo Ecc 'iO!Tlrt Oeve10rment Comm1ss10n SCOPE OF SERVICES Project Description and Requirements
The Pro)eCt co,,s,sls or proolld1ng the Conlfactor w,!n malch1ng funds for !/1e promotion of econom,c
de..elopment 1n the Arapahoe County Enterprise Zone area These funds shal be used for the
ourpcses of promoliOnal a:tiv,ties that w,11 market and advertise the ad1anta3"..S of locabng a bus,ness
,n tne Contractor's enterprise zone area, create a pos1t'Ve Identity for the enteipnse zone area
enaiorq retentJOn and expanS10n or exisilng bus,nesses. promote rede'o'elopment. exparld the
reg,on ·s 1ounsm industry, attract new businesses, and 9eneraffy enhance the econom,c growth of the
er•eipr ;e zone area Such ac11v,11es sha~ lrldude the preparatio:1, producllon, andl'lt' dostribuLon of
m.ket research. pnnled matenals, direct mad campaigns, pMI m~dla adverbslng, lrade show
promotions, special events, drrect bomess prospecl V1SMt100, and other closely related act,vrties No
more than 25 percent of these funds m:ry be used to pay l0t conlracto(s admrustrabve 0< s!aff costs
Coo:racbr may al:ocate funds to one 0< more subcontraciO<s n,ot,.'al fl promoLC~ ard econom,c
development acUv,:1es ln the enterp,ose zone Contraclor shall be responsible for ensuring and
doannen!flg the eirpenditure of the requited local matchrlg luncls by Contrac:t:>f or by ,ts
sutcont,att0<s
TM con!n:,ut.on from the EC011om1C DeveJoi>menl Fund under this Cortra::I sl'.aD roOI exeeed t.ne
amount of local matching funds expended on this proiect or TWELVE THOUSAND FNE HUNDRED
ANO NQl100 DOLLARS ($12 500) whichever rs less. M p<Djedcosts rn excns of :hrs amount"''' be
t~e respo"slbli ty of the Contract0t. Contractor shall malch E.O C funds used on th,s project With at
,east a oof,ar-for-donar cash match from loc3I sou,ces Local expendrt,ires on enterpnse zone
maiketing proieas rncurred poor to the effecuve dale of this projeet bot subsequent 10 13/luary 1 2008,
may be counted toward the matchrng funds requirem ent provided that such e,pend1tures have nol
been used to meet O!liel state contractual ma!dlrng fund requitemenls
The perloonance of the servtces requved hereunder shal be unoer the ouect svpervisoo of ~!!9:
F~lon, an employee o, agent o• Contract0t. who ,s hereby designated as the adm1111strator-11-charge
of 1tt1s PrO)ect
2 Tlmo of Performance
The PrO)CCI shall commence upon execution of th,s Contrac:L The Contract w~I exre on December
~ except that the Controct may be extended a maJC111,um of 1 month subJect to the mulu.;I
ag~ment ol :ne Stale and lhe Contracl0t A re<JUCSt for e•tenSOI by the Contractor shal be
submitted lo the State nt least 30 days prlOI to the exp,rat,on of the Controcl w,th a full Justificat10n fo,
the extenslO!I request
EOC #T44 • Exh1b,1 I\
'ge I ol1 ~
3
4
8udgct ---REVE"!YJ; EXPENOI-JRE:i ED C Funds $12.sou I Markel Research, PubllcaI1ons Advertos1ng , $18.750 Trade s,ows Web Site Development. I I Sem1na1s ancl Direcl Markehng for !he Arapahoe County Emerprlse Zone Program local Funds 12,5001 Zone t dmi"•stral10n 6,250 l -----t $25,000 TOTAL S25,000 TOTAL
P•ymen t Schedule
$5,000 lmual payment lo be paid upon request by !he contraclor following the executJon of lhls contract
II . $6.500 lnlenm payments to be paid upon reques l and lhe submission ol proper documenlallon of
expenditures cf E O C. and local funds and work progress.
Ill. $1,000 Final payment to be made upon sal1sfaclory corrplelion of the Project. The Contractor wi ll submit a
final nnancial and narrative report documenting the expenditure of al E O C funds for whoch payment
has been requested and ol match ing local funds
$1 2,500 TOTAL
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Requests for payment will be 1nlbated by the Contractor in accordance wrth the prov:sions of Paragraph 6 ol Ihe main •
body of !his contract.
5. Monitoring
Cobrado Economic Devetopmenl Commission staff will monitor this Projeci on an as-needed bas,s
6. Report ing Sc h edule
Thi Contractor will submit an Inte rim financial and narra tive report prope rly documenting all expendilures cf E.O C.
funds al the tome lntenm payments are requested The Contraclor wdl submit a final hnanclal status report property
documenllng all expend itures of E.D C. funds al lhe I,me the final payment Is requesled, In accordance wllh the
payment schedule
EDC #744 • Exh1bil A
Page 2 ol 2 Pages
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ORDINANCE NO. SERIES OF 2008 B\' AUTIIORIT\' COUNCIL BILI NO. 17 U-,TROOUCED BY COUNCIL MEMOl:R MOORE AN ORDINANCE GRANTING A UTILm' EASEMENT TO PUBLIC SERVICE
COMPANY OF COLORADO FOR INSTALLATION OF UNDERGROUND
UT!L!TlES AT 2390 WEST WESLEY A VENUE.
WHEREAS. 1he Ci1y Council of the Ci1y of Englewood au1horized 1he purchase of 2394
Wes1 Wesley Avenue wilh the passaae of Ordinance No. 45, Series of 2005 : nnd
WHEREAS. the propcny, originally knnwn as 2394 West Wesley Avenue. was~
subdiVlded administratively into three (3) smaller sites knov.11 as 2370, 2380 and 2390 West
Wesley A,'Cnue; and
WHEREAS, the City Council of the City of Englewood authorized nn intergovernmental
ngreemcnt with 1hc Arapahoe Cornrnunhy Coll ege/Arca Career and Technical School
(ACTS) 10 build enc si ngle famil y residence on 1he site of2390 W<SI Wesley Avenue; and
WHEREAS. as pan of this developmen1, the electrical utililies that serve these three
properties will be placed underground by Public Service Company of Colorado for which
Public Service reqyir<, a five fOOI ~1 along 1he wrst side of2390 West Wesley
Avenue: and
WHEREAS, 1hc passage of this Ordinance authorizes the granting of a five foot u1ili1y
cascmen1 along the wes1 side of 2390 West Wesley Avenue to Public Service Company of
Co lorndn for 1hc placemen1 of underground elcc1rica l u1iliti es:
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEW(>OD. COLORADO. AS FOLLOWS :
~-The "Public Service Company of Colorado Easement" from the Cny of
Englewood. Col00tdo 10 the Public Service Company of Colorado, onachcd hereto as Exhibn
A. is hereby accepted and approved by the Englewood Cit) Council.
~-TI1e Mayor is authorized 10 exccu1e am\ 1hc City Clerk aucs1 and seal the
Public Service Company of Colorado Easement fo r ai,d on behn lf of 1hc City of Englewood,
Colorado.
Introduced, re:id in run. and passed on fi~t reading on the 3" day of March. 2008.
-1 -
Puhh)h<"d as• 111II for nn Ordinance on the 7th d.l) of ~1 :in:h. 200S. Read 1>) rnlc and passed on fl113l reading on 1he I 'th d.ly of ~1an:h. 200S. Published b) mlc 3) Ord1113rn;c l\o. _. Series of 2007 on 1hc 21st day of Man:h. 2008.
Jarn,s K . Woodward. Mayor
ATTEST:
Loucrishio A. Ellis. Ci1y Clerk
I. Loucrishin A. Ellis. City Clerk of the Ci1y of Eng lewood, Colorado. hereby ccnify
1h01 1he above and foregoing is a true copy of the Ordinance passed on final reading and
publishc-d by tit le as Ordinance No._. Series of 2008.
Loucrishia A. Ellis
-2-
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DOC NO toi:a•,c.,.. ~ ;!'ui,j S.•IIMI· l n~.-:•,.,,,.<'IN••n•iott n t ■,m t1u.t-MCNO Wf&4\'Jtt...,A~ -~ ~1Ht1114!!0HJ.S ll'IOOI \YHa~flAff •ft~UOCMl..0-, 110579n L■,flwar,a, co ec221 PU BLIC SERVIC E COMPAN Y OF COLORADO EASEMENT lM ~ a,.., hottiby' ~• ,.,~e p of ~ and v"~bl• CCJMidll■lion ltom PUDUC SERVICE COMPM,v Of COLOHADO tCo,np,,ny), 12:s.11" 6'1"!. O.IWtr, Cokw.-do I0202 S.W. Pl CXIMIINQllian ol WIICft G, ... (1) hlrdtp r..as ~ 1o1111 Coil1Plll'Y, llS wc:cHtofl and.....,_ • ~.,~ NMmenl! lo cortM;uct, optrtte, m11!ftl11t1, ,epair, 11nd •-ac:■ utillr ain..11 antt1ltfi-au, .. and dl'IICe•. utedOl"IJMl\llinltlt DritratlonofNldliNI IVOl.lgh,. OVl!t. UNI«. -,OU,.,ndalongaCOl!fMal Nld ..... ,uy N Ml_.,._~ .. LOT t. SOUTHUWN OAIIDEHI AHHU Fl.UNG NO I SU80MltON,-, ... SWll-4 of S.ctlCWI ,a, TOW"l\l'llp 4 ll)UD'., Rfl'IOW M Wt11 of 1he J../(lh r1"1(;,p,M M1rldl,1n WI 11'11 City or E,qtwood ~of~ 5'ala 0, Cob.ado.
tJ\I Hllmf'nl being Ol$Ctlbtd H folows.
The WIil fn,• (~ 0) Ifft of said Lot ,. idjKel\l tnd parlltel to Scutt Zuni Slfeel
The u....-ilel'lt Is 5 0 t@et ln w,dlh The ttde bound1ry linH of lht HMfflffi at\8111 bl lienQihtned Ind IN)tt&l'ltd II ntCMUl'y lo
encompn1 • contlnwus ~ ol nol ln1 "9n IN_.,. widlft II al polr,ts on GrtnW• prOpallf oonelf ei, h Mll:ll'I ~
..-oodblaftd,ngtolho-•al..,.P<O-•
r..-....... filhl lO __ uc,ol'I ... ,,.,,.... IOM ..,.,, c:onltnd. ,n■lnllln, ...... ,epl+r, replace, conlml, and UM Hid lllillty
lino, Ind llllled fhhll'H amt Cl'evieet. and lo rtmove ~ int~ 1hef...,_ lrd.ldnt ........ ol lrfft Ml Mhe:1-..
...,., All; U• ngN IO__,.'° ndl al ....... ~ ol Gt.-, dl.fflnQ ~g. COMl~IOl'I. m1lrilen,neo, ropW,
remi:,vlil, or repl■c;emenl of 1Md ulilly h• •nd ttl.lled nr1ure1 ond dt'Cti. •• may bt ~tel IO PIJfNI Iha~ al llanclMI
uhlily ~Of,.-~ tbec;,...,, ................. occupf .......... b fl1IY putpON conall1ffl wtlPI
IN rightl and prWeg,11 above D'•n&ed and which wlU not lrtlerlor• \11/ith or end111VOf ,ny of the NICI' Cornpa,,'(1 IKIWIH OW.In otUM ,.,.,IC', Such reaaNliaonl by lhe G,anao, tl'lal lnno...,..,..lndude.,.1igkl 1D erm • ~ •-MIC:led~~or tlNdiilrn
,..ipon .._ ~ o,.--0 cw IO ID(ale 1rfY ~ /'loffll cw lfaitef ur111t !Mfton In c:.Ht ol thl perm1nen1 1bMldonment ol lht , .. tm4M1,,,.. right, Olivllto,. •nd ll'lt.:te" granlacl 1111111,mvnaie.
The WOl'tc of i11ltllling and malnletMIQI 111d h, Md fi•M<JS shtU be done wiih ca,-, Int swfa.;e 8b,e lne .......... l1L1I bt tHIOftd ..........., .... .....,_,... _
_ ... ___ ..... ______ ~2008.
(Jpe Of pm! Nml belDw • .,. ...,..,., ... .-,. oliclilf Mle If co,por1won. ~-61C, l
GRMITOR CITY OF ENOLEWOOO
8V
_J_•_-__ K_. _11_t)Od_w_a_,_d __ ,(prll"II ,_,.1
ITS Mayor
STAIE Of COlORAOO. I , ...
COUNnOI-_______ )
Wt!ntH my hind •net allcfM ua,
My 00mm'Hlon EllpiJH
...... .,.,
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COUNCIL COMMUNICATIO N Date: Agenda Item: Subje ct: Ma«h 1 i, c008 9 cl Purchase 01 Rept.icemi,nt foe Dep,1rtment Comm,,nd Vehicle Initiat ed By: I Staff Source:
Fire Department Michael PattMOlll Chiel
COUNCIL GOAL AND PREVIO US COUNCIL ACTION
In 1999, Council approved the purchase of a Che, rolet Tahoe 10 sel\ e as the Command \'ehicli, (or
the Fire Division.
RECOMMENDED ACTION
Staff seeks Council's appr.:i, al, by Motion, to purchase a replacement command vehicle.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This purchase request ,s for a 1008 pickup truck 10 serve as the command vehicle for the Fire
Depart ment. The command vehicle Is utilized by the on-dut) Battalion Chief /or response 10 calls
for service in the city. The e,isting lint! has me t both th e mileage and years of use requirements for
replacement.
FINAN CIAL IMPACT
The State bid for this, ehide 1s $32, 169. The Capit ,,I Equipmen l Repl,1eement Fun d 1, ill contribute
SW,000. fhe Fire Department "ill contribut<? the remalmng S4, 169, Fire Department funds are
alloca ted in the 2008 h1dge1 for thi s purchase.
LIST OF ATTACHMENTS
Sel\·lce Garage Summary Specification Sheet for Ne,1 Vehrcles.
Price Quote
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. 'ER \'I E,'\'TE R GARAGE M 1ARY PECIF ICA no , .111:.FT FOR E\\' \'El ICICLE . I 1 EA WARD 11 __ 0_1-ooo __ Y_Y_Y_o_s _1 __ _
E 'GLE\\'OOD 1311)11 -------------------
MA "FACTlJRER OF VEHICLE ___ C_h_c_n_o_le_t _______ _
M DEL OF VEIi! E
AIR L'ONDITIONING
AU fOMAT IC TRANSMI ION
POWER WIND WS
POWER DOOR LOCK
-' WH EEL DRIVE
FL ·X FUEL OPTIO
CERF REPLAC EME T
E\ ADDITIO lO FLEET
2500
m
m
rr..
YES
~
YE
NO
NO
0
NO
NO
_Q
0
_Q
DEPART 1E TVEHICLEA IG EDT0 __ 0~2_11_0_2-_F_irc_D_cp_1. ____ _
COMMENT : ~lac~~ Unit 6483 a 1999 Chevmlc1 Tn ni£klm .
~!!J,lie..,I ~~~~~!!>.1!"--''-""''-"'-'-""'=7"::""'":'::'-=-'"-'-"'="'-'._......_,_"-W!'-'LW wn1 nhu1
• TO: Pat While Cl!) of Englewood 30~762-2535 Fax 1583 __ • • _ • . FR9,M)~~'!.~.'ii~½!!.~vr.~~ ----~-::_ ·· ,te .n -Dt_Rt!CT LINE; 170-~! D!'!i°"r.T FAX; 17~17 -,
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Pat. tieio ,, ,,,. 1/\JCk ... dllcu.iid I;;~. ii.;. ki,, ., I ..... , .. mal<o .;,., ,..WO,:. ' T1 ·-. -·. -... _--·_ •.. ·-___ :___ --· ·:.... -· -_ _-·-···l i::-~~~~~~==-:.~~~~t:iw:=Jt -,·
--·· 1~0~?~....!20Q9.GWw''!....7)~T225n"5R17EASf(~~l~-40-J~ • . __ • __ __ spi.1~sel!!_,-~ftoor00V!M!I-~,?!!!!._I'S, -~:-,4,M/~ ___ n ____ 1,,1'!2.00
-~0-.~1e~RWheel1~equlr,~eoeor~07 .. __ ·--_ L .. • ...
-~ ·· 19200 C!W'! ~~ 5)LF~~!.~ _58' CA. --• -· --.. . --~-~0 !!i> 1143 Crew ceb 4 dr S 3,947.00 43 · Pu Bed a.s· -· · -· ·· s ··a22.oo
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-AUp -Key~-entry 2~ ~-_ .. __ ·-· • --• ---.. • ,: _ _1_97.~
408 Loadng raar clll'en:,ti_aJ_ S . _J?(l ~
430 Trlier Reoelver S 285.00
4~ • TiajlerBl'lkl!,~oiWli l'.!!!L ._ : ~-__ . 1$ 231~(!0
217 OlnmaX wit, Al1son S 7 ,252.00 .. 69U SIIYir Metaiic --· ···-· ·--•.. ---·· i ·
88B oti Chl!QOalcical --··-· -· • ----· •• s -
To_llll Ntt20~--·-. -·· _ . ~ ~~.~~.00
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6P3 ·row1 MirrorPowtrheate<1..ihmanu1l e>CtllnSlon S 2'.5,00
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DRAFT · COUNCIL COMMUNICATION Date: Agenda Item: Subjed: March ti, W08 11 c i Resolu1lon Tram (ernng Funds from the General Fund'> Unreserve 1/Undesigna i ed Fund Balance to 1he Long Tenn As,et Rese" e (LT AR)
lniliatrd By: Staff Source:
Departmeni of Finance and Ad111inls1ra1ive Services Frank Gr,•glewlcz, Director
COUNCIL COAL AND PREVIOUS COUNCIL ACTION
City Counci l bega n dis, usslng the crenlon of th e Long Term Asset Reserve (LTAR) at the Budget
Retreal held September 1 2. 2007. City Council created the LTAR by approving Resolu tion 90,
Series of 2007 (copy atta~hed). Council transferred S 1.986.000 into the LTAR by appro,ing
Resolution 91, Series of W 07 (copy attached).
RECOMMENDED ACTION
Staff recommends City Council approve the attached Reso lution transferring S l ,S00,000 from the
General Fund's Un reserved/Undesigna ted Fund Balance to the LTAR.
BACkCRO UN D, ANALYSIS, AND ALTERNATIVES IDENTIFIED
City Council discussed and determined that funds from the sale, lease, or earnings from long-1erm
assets should be used In a careful, judicious and strategic manner; for this reason, these funds will
be reserved in an account known as the Long Term Asset Reser\ e (LT AR). The tuncts restricted in
this account can only be e~pended if the funds are appropriated in the annual budget or by
supplem ental appropriation .
The remaining funds (S 1,986,000) from the Golf Course lease were transferred and restricted to the
LTAR by Resolution 91 , Senes of 2007. This action will restore the LTAR funds from the Golf
Course 10 the amount anticipated if no ·bridge funds· were required in the original 2008 Budget.
The following illustrates the transfer and restriction of funds:
GENE RAL FUND
SOURCE OF FUNDS:
Unreserved/Undesignated Fund Balance
USE OF FUNDS:
long Term Asset Reserve
Sl ,500,000
Sl ,500,000
FINANCIA L IMPACT TI11s JClton \\Ill transfer 1und, from the General Fund's Lnrcsel\ed Undes,i;nJted Fund 8Jl,mce 10 the LTAR Cil\ Council controls dw use 01 the LT AR lunds and 1here1u,., a fonnJI ac11nn, either the inclusion of the lunds in a tulure budg-,1 or • supplement.JI approprialron. os required 10 e,pend lhe 1unds.
LIST OF ATTACHMENTS
Proposed Resolution •
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RESOLlJTION NO. SERIES OF 2008 . .\ RESOLlJTION TR,\I\SFERRING FUNDS ~ROM THE GEfl:ERAL FUll:D UNRESERVED/IJNDESIGNATED FUND BALANCE TO THE LONG TERM ASSET RESER\'E (LTAR) WHEREAS. 1he Cuy Council of 1h• Cny of Entlewood. Colorndo crca1cd the Long Tem1
. .\sse1 Rescr"e (Lf AR) 11 uh Ilic passage of Resolu1ion No. 90. Series 00007: and
WHEREAS, 1he Eng lewood Ci1y Council de1cnnined 1ha1 funds from 1he sale, lease or
earnings from long-1em1 asse1s sho•Jld be used in a careful.judic ious oud s1rn1egic manner: for
this reason. these funds will be reserved in the LT AR: and
\\1-ffi.REAS. the funds restricted in the LTAR account can only be e,.pcnded if the funds arc
appropria1ed in the annual budget or by supplemental appropriation: and
WHEREAS. the remaining fund, from the Golf Course lease we.re trnnsferrcd and restricted 10
lhe LT AR by the passage of Resolution No. 91. Series of 2007: and
WHEREAS. the passage of this proposed Resolution will restore the L TAR funds from lhe
Golf Course 10 the amount anticipated ifno "bridge funds" were requir<!<l in the original 2008
Budget:
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF
ENGLEWOOD. COLORADO, THAT:
~-The City Council oflhe City of Englewood, Colorndo suppons the transfer of
funds from the General Fw,d Unrcscrvcd/Undesigna1cd Fund Balance 10 the Lo ng Tem1 Asset
Reserve, as fo llows:
GENERAL FUND
SOt:RCE OF FUNDS:
Unreser\'cd/Undesignattd Fund Balance
USE OF FUNDS:
Long Term Mset Reserve
Sl,500,000
Sl,500,000
~ The Cu> Man3gcr Md the Director or Finance and Adnumstrati,c Sm ,c e. ore hereby authorized to make the obo,c changes to the 2008 Budget forthe City of Englewood. ADOPTED AND APPRO\'EO tlus 17th day of March. 2008.
ATTEST:
James K. Woodll-ard. Mayor
Loucrishia A. Ellis. Cny Clerk
I. Loucrishia A. Ellis. City Clerk for the City of Englewood, Colorado. hereby certify the
above is a 1ruc copy of Resolution No. __ • Series or 2008 .
Loucrishia A. Ellis . City Clerk
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COU NCIL CO MM UN ICATIO N Dal e: March I:. 2008 In itiated By: I Agenda It em: 11 c II Public Works Department I Subject : Award Con1rac1 for 1he 2008 Cape Seal Project I Staff Source: Rick Kahm, Director of Public Works
CO UNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed the costs of road repairs at the Study Session held April 2, 2007.
Council approved Resolution No. 43, Serles of 2007 authorizing a $550,000 supplemen1a1
appropriation Ill tl,t 2007 PIF ior Road and Bridge repairs.
Council app,oH i a'\ appropriation for street repair and maintenance (Road and Bridge account) In
the 2007 Publlt Improvement Fund (P IF).
On May 7, 2007, Council approved a motion awarding the "Cape Seal 2007" contract to A-1
Chipseal. The •2007 contract contained a provision to el<lend the contract fo r up to three additio nal
yea.rs .
RECOMMENDED ACTION
Staff recommends that City Council approve, by Motion, an extension of the 2007 contract for the
2008 Cape Seal Project in the amount of $239,437.50 to A· 1 Ollpsul, and authorizing the
Director of Public Works to execute th e co ntract . This award will be the firs l year of that extension.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The 2006/2007 snow storms caused el<lensive damage to Englewood's aging street system. In
2007, staff added Cape Seal, a proven effective surface treatment, to our 11st of surfacing
ahernalives. Historically. our opllons consisted ol Microsurfacing and Asphalt Overlays as surfac.e
treatmen ts to extend the life ol our pa1 emenl. During the month ol December, 2007, Sireet
Division staff performed an inventory ol all Englewood s1ree1s to Identify 1he amount and type ol
surface treatment required to restore pavement condition. Cape Seal ,s another pavement
maintenance product 1ha1 provides a surface seal and a new wearing surface, while als o providing
some additional stru cture 10 1he roadway. The 20 blocks proposed for Cape Sea l require a surface
treatment beyond what Microsurfacing can provide, yet lhey do nol require a full asphalt overlay.
The Cape Seal product Is familiar to Englewood staff. We successfully used the product on a
number ol streets in the late 1980s. Cape SeAI is a two part process that consists of a ::hip seal
covered wilh a slurry seal for a smooth final product. Chlpseal begins with asphah emuls ion
sprayed on to 1he roadway. followed by a layer ol rock 1ha1 is evenly spread and rolled ,n. This
ch1pseal apphc,111011 h,1s a dl) 111 g lum• ol I\\ o lo lour hours, dep?ndmg (lll wea1her, and then lhe • stree1 is reopened and alto" ed to cur~ ,1 mmhnum of n hours pnor to slurr, wal. The ~tree I ,s S\\ ent to remo, e an1 e,u•» rock and a T1 pl.' II Slurr, seal ,s apphed n, er the < hip for a smooth final sun.ce. TI1e final product is appro,1111,11el1 5/8" 1h1ck ,111d provides additional structure to 1he roadway. The components ol Cape Seal include ewemel1 hdrd grey gr,1nite produced by Asphalt Pa,,ng Compan1 of Colden, and an emulsion produced b1 Cf'>bi tco. a local supplier of emulsmn products . The Cape Sea l produ ct is !PSS expensive than an asphall overl,1 y and Is mnre em ironm~n1ally lriendly, mak ing use ol emulsified 1sphal1s.
A· I Ch lpseal has been In the Cape Sea l busines s for m,my years. holding contracts with a number of
Colorado cities and counties, Including Aurora, Broomfield. Colorado Springs, Den,er, Douglas
County, Lakewood, Loveland, and Parker.
FINANCIAL IMPACT
In 2007, the contract price for a 3/B" Cape Seal was $3.35 per squa re yard. In 2008, l /8" Caµe
Seal Is $3.50 per squa re ya rd, reflec ting an increase of 4.3%. However, the streets selec ted by th e
Street Division fo r 2008 Cape Seal all require the use of 112• aggregate at a unit price of S3.75 per
square yard. Cape Seal material prices for 2008 ha, e Increased over 2007: aggregate by 17%,
emulsion by 10%. Traffic control, provided by the contractor, Is Included In the unit price.
S 1,41 0,200 Is available in the Road and Bridge PIF account for 2008 as de tailed below:
MicrosurfacinR
Cape Seal
Overlay
Contingency, Testing. Crack sealing.
Rotomilling. and Inspection
TOTAL
Costs associated with the 2008 Cape Seal pro1ect:
A-1 Chipseal 63,850 sy @ SJ.75
Contingency
Total Estimated Projee1 CostJ
UST OF ATTACHMENTS
Con tract
Cape Seal List
Cape Seal Map
s 772.200.00
$ 250,000.00
s 289,000.00
I 22 QQQOO
Sl,410,200.ll0
S~39,437.50
10.SSQOO
$249,987.50
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CON TRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement , made and entered into this~ day of March , 2008, by and between the City of Englewoe>d, a municipal corporation of the Stale of Colorado hereinafter referred lo as the 'City', and A-1 Chlpseat Company , whose
address is 1935 Snowy Owl Drive. Broomfield, CO 80020 , ("Contractor').
Commencing on the 18" day of February, 2008 the City exerci sed its option lo extend
the onginal contract dated May 7", 2007 pursuant to Specia l Condition 2.19 for
furnishing all labor, tools, supplies, equipment , materials and everything necessary and
required for the following:
PROJECT: CAPE SEAL 2008
WHEREAS , the 2008 Proposal has been received by the Di rector of Public Wori\s and
forwarded to the Mayor and City Council with a recom,nendation that a contract for said
wori\ be awarded to the above named Contractor who was the lowest reliable and
responsible bidder therefore, and
WHEREAS , pursuant to said recommendation the Contract has been extended to the
above name Contractor by the Mayor and City Council and said Contractor is now willing
arid able to perform all of said work in accordance with said contract provisiuns
NOW THEREFORE, in co~slderatlon of the compen sation to be paid the Contract, the
mutual agreements hereinafter contained :
A. Contract Documentr It Is agreed by the parties hereto that the following list of
Instruments, drawings and documents which are attached or Incorporated by
reference constitute and shall be referred to either as the Contract Documents
or the Contract and all of said Instruments, drawings, and documents taken
together as a whole constitute t"1e Contract between the parties hereto and
they are as fully a part of th is agreement as if they were set out verbatim and
in full:
Notice to Contractors
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
Receipt , Release , Waiver of Claims
Special Provisions
General Conditions
Detailed <;peciflcatlons
Plans and Drawings
B. Scope of Worts: The Contractor agrees lo and shall furnish all labor, tools , • supplies, equ ipment, materials and everything necessary for and required lo do, perform and complete all the work descnbed , drawn , set forth, shown and included in said Contract Documents C. Terms of Performance : The Contractor agrees to undertake the performance of the work under th is Contract within ten j10l days from being notified to commence work by the Director of Public Works and agrees to fully complete
said worll within thirty (301 calend1r dava . Dlus such extension or extensions
of time as may be granted by the Director of Public Works In accordance with
the provisions of Iha Contract Documents and Specifications.
D. Indemnification The City cannot and by this Agreerr• · 'Contract does not
agree to indemnify, hold harmless, exonerate or assun.• the defense of the
Contractor or any other person or entity, for any purpose . The Contractor shall
defend, Indemnify and save harmless the City, tts officers, agents and
employees from any and all claims, demands, suits, actions or proceedings of
any kind or nature lnciudlng Worllef's Compensation daims, in any way
resulting from or arising out of this ,QgreemenVc:ontract provided, however, lhat
the Contractor need not indemnify or save harmless the City, Its officers, agents
and employees from damages resulting from lhe sole negligence of the City's
officers, agents and Employees.
E. TerminaUon of Award for Convenience: The C~y may terminate the award al •
any lime by giving written notice to the Contractor of such termination and
specifying the effective date of such termination , at least thirty (30) days before
the effective date of such tennlnation. In that avent all finished or unflllished
service, reports, material (s) prepared or furnished by the Contractor after the
award shan, at the option of the Cily, beoome tts property. If the award is
terminated by the City as provided herein, the Contractor will be paid that
amount which bears the same ratio to the total compensation as the services
actually performed or material f1KT1lshed bear to the total services/materials the
Contractor covered by the award, less payments of compensation previously
made. If the award Is terminated due to the fault of the Contractor, the clause
relating to termination of the award for cause shall apply.
F. Termination of Award fQf Cause: 11, lhr'ough any cause, the Contractor shall fail
to fulfill in a timely and proper manner its obfigatlons or ~ the Contractor shafl
violate any of the covenants, agreements or stipulations of the award, the Cily
shall have the right to terminate the award by giving written notice to the
Contractor of such termination and specifying the effective date of termination.
In that event, aU furnished or unfinished S81Vioes, at the option of the Cily,
become tts property, and the Contractor shan be entitled to receive just,
equitable compensation for any satisfactory wor1< documents, prepared
completed or materials as furnished.
Notwjthstanding the above , the Contractor shaU not be relieved of the
liability to the City fo r damages sustained by the Cily by virtue of breach of
the award by the Contractor, and the City may withhold any payments to the •
Contractor for the purpose of set off until such time as the exact amount of
damages due the City from the Contractor Is determined.
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G Terms of Payment The City agrees to pay the Contractor for the performance or all the work required under this contract, and the Contractor agrees to accept as his fuU and only compensation therefore. such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof. the total estimated cost thereof being Tw o-hundred thirty nine Th ousa nd Fou r-hundred Thirty-six dollars and ~cents ($2 39,436.00).
H. Appropriation of Funds: At present. $23 9,436 has been appropriated for the
project Notwithstanding anything contained in this Agreement to the
contrary, In the event no funds or insL .ficient funds are appropriated and
budgeted by the governing body or are otherwise unavailable In any following
fiscal period for which appropria1 ,ons were received without penalty or
expense exc11pt as to those portions of the Agreement or other amounts for
which funds have already been appropnated or are otherwise available. The
City sh311 immediately notify the contractor or its assignee of such occurrence
in t~ event of such termination
I. Contract Bind ing: It Is agreed that this Contract shall be binding on and inure
to the benefit of the parties hereto, their heirs, executors , administrators ,
assigns , and successors .
Verification of CompUance with C,R.S 8-17 s-101 ET.SEQ Regarding Illegal Allens
(a) Employees, Contractora and S ubcontr1ctora: Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Contract
Conlractor sha ll not contract with a subcontractor that (i) knowingly employs or contracts
with an illegal afien to perform work under this Contract or (ll) fails to certify to the
Contractor that the subcontractor will not knowingly employ or contract with an Illegal
alien to perform work under this Contract. (CRS 8-17 5-102(2)(a)(1) & (II).)
(b) Verlllcatlon: Contractor has verified or attempted to verify through
participation In the "basic pilot program' (authorized by P L.204 of 10411 Congress and
amended by P.L.156 of 10811 Congress) that Contrector does not employ any illegal
aliens. And , if not accepted Into the 'basic pilot program· prior to entering into this
Contract, Contractor further venfies, Contractor will apply to participate in the 'basic pilot
program ' every three months until Contractor Is accepted or this Contract is completed ,
whichever is earlier. (CRS 8-17 .5-102(2)(b)(I).]
(c) LlmltaUon regardi ng the "Basic PIiot Program: Contractor sha ll not
use basic pilot program procedures to undertake pre-employment screening of job
applicants while performing this Contract. (CRS 8-17.5-102(2)(b)(II).)
(d) Duty to Tennlnate a Subcontra ct : If Contractor obtains actua l
knowledge that a subcon••~ctor performing work under this Contract knowing ly employs
or contracts with an Illegal ;.;ien, the Contractor shall;
(1) Notify the subcontractor and the City within three days that the
Contractor has actual knowledge that the subcontractor Is employing or contracting with
an illega l alien, and
(2 ) Terminate the subcontract with the subcontractor ff, within three days
of receiving notice that the Contractor has actual knowledge tint the subcontractor is
employing or contracting with an illegal alien , the subcontractor does not ~top employing
or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (8).)
(3) Exception: If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontrac:::r stops employii1g or contracting with the illegal alien. (e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Co lorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S . 8-17.5-102 (5). [CRS 8-17.5-
102(2)(b)(IV).J
(f) 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. 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 .
IN WITNESS WHEREOF, the parties have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals affixed and duly
~!tested the day and year fi rst above written .
This Contract is executed in 5 counterparts .
Contractor
by __________ _
Party of the Second Part
ATTEST:
Secretary
CITY OF ENGLEWOOD
by_-c---.,.,c-,-,,....,.,.,.-,------
Director of Public Works
Party of the Fi111t Part
ATTEST:
City Clerk
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STRE ET DI VIS ION 2008 CAP E-SEAL LI ST BLOCKS A VENUE/STREET FROM TO 3 En11.lcwood Parkwnv Broadway Roundabou1 1.5 Cherokee Roundabout llwv 28 5 I Navajo Tufls Stanford I Navaj o Stanford Radcliff I Navaj o Radcliff Quincy
I Navajo Quincy Prince1on
I Navajo Princeton Oxford
0.5 Oxford Na·,ajo Lioan
0.5 Oxford Lioan Kalamalh
0.5 Oxford Kalamalh Jason
0.5 Oxford Jason Inca
0.5 Oxford Inca Huron
0.5 Oxford Huron Galapa20
0.5 Oxford Galaouo Fox
0.5 Oxford Fox Elati
0.5 Oxford Ela1i Delaware
0.5 Oxford Delaware Cherokee
0.5 Oxford Cherokee Bannock
0.5 Uxlord Bannock Acoma
0.5 Oxford Acoma Broadway
0.5 Oxford Broadway Lincoln
0.5 Oxford Lincoln Shcnnan
0.5 Oxford Sherman Grant
0.5 Oxford Grant Logan
0.5 Oxford Lonan Pennsvlvania
0.5 Oxford Pennsylvania Pearl
0.5 Oxford Pearl Washinnlon
o.; Oxford Washiniiton Clarkson
CITY OF ENGlEWOOO -PUBllC WORKS DEPT 2008 Cape Seal
,-,.-r,..,..,-nn-,n-, .. _,
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~...1.I...LJU,-1-'------J'----t---,-....... .W...,.....___.+-..... f-'-' ........ , ... l,.,__.
Ctrt/fm111 /
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COUNCI L COMMUNICATIO N Date: Agenda Item : Subject: Maleh 17, 2008 11 clti Award of a const ruction contract for Concrete Utility Prog1am 2008 Initiated By: I Staff Source:
Department of Public Works Rick Kahm, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Ordinance No. 36, Series 1997 creating a Concrete Utility and Concrete Utility
Enterprise Fund (E MC Chapter 6, Title 12) on May 5, 1997.
On .lune 4, 2007, Council approved a Motion awardins the •concrete Utility 2007" contract to
Thoutt Brothers Concrete Contractors, Inc. The 2007 contract contained a promion to extend the
contract for up to three addillonal years.
RECOMMENDED ACTION
Staff recommends that City Councll f11P10V1, by ~an .. _. llf lhe 2007 conslnlCtioll
connc:t for CGIICNII Ulllly 211111 In the amount of $390,995 to l1iovtt llros. Conmle
c.ncton, Inc., and authorize the Director of Public Works to execute the contract Thia award
wtl be the ftrst year of that extension.
BACKGRO UND, ANALYSIS, ANO ALTHNATIVES IDENTIFIED
Section 11-38-1 of the Municipal Code makes It the responsibility of every property owner to maintain
the concrete curbs, gutters, and sidewalks adj acent to their property. An option avanable to property
owners Is to pa rticipate In the Concrete Utllity. The Conmte Utility provides a funding mechanism for
concrete repair at a reason able cost (SS to $7 per quarter for a typical residential property) and a
convenient way to pay (96% of the fees are collected through the water/sewer billing system). The City
contributes its share of the fees just like any priva te owner.
Per the 2007 contract documents, Thoutt Brothers Concrete Contractors, Inc. submitted new unit
prices for 2006. In creases in the price of concrete and fuel have resulted In a 2.6% Increase from the
2007 unit prices. With Council approval, the City win be able to take advantage of quality work and
favorable prices.
Concrete Utility 2008 is scheduled for construction during the spring and summer of 2008 .
FINANCIAL IMPACT Funding dnd cost bre,1kcl01, n, lor th~ projecl are as 1011011 s: Concret~ Utility 2008 Construction cont, act Conlingency ror uniden1111ed work Annual Concrete Ut,hty adm,n,strauon !includes engineenng. SUI\ eying. Inspection and material testing
2;•. 01 total Utility budge•!
Concrele Uhlity To1al
Funding a1 ailable from Concrete U11l1 ty
PROJECT CONSTRUCTION CONTRACT TOTAL
UST OF ATTACHMENTS
Contract
S390,995 77,"60
...!.ZUQQ
$645,155
S706,000
S390,995
Thoutt Bros. Concre te Contractors. Inc. explanat ion letter for 2008 unit price increase.
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CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement . made and entered into this 17th day of March, 2008 , by and between the City of Eng lewood, a municipal corporation of the Stale of Co lorado hereinafter referred to as the "City", and Thoutt Brothers Concrete
Contractors, Inc., whose address Is 5460 Tennyson St.. Denver, 80212 Colorado ,
("Contractorl, Commencing on the 1711 day of December, 2007 the City exercised i ts
option to extend the original contract dated June 411, 2007 pursuant to Special Condition
2 32 for furnishing all labor, tools, supplies, equipment. mate rials and everything
necessary and required for the folloNing :
PROJECT : 2008 CONCRETE UTILITY
WHEREAS, the letter of extension of th& 2007 contract has been received by the
Director of Public Works and forwarded to the Mayor and City Council with a
recommendation that a contract for said work be awarded to the above named
Contractor who was the lowest reliable and responsible bidder therefore , and
WHEREAS. pursuant to said recommendation the Contract has been awarded to the
above name Contractor by the Mayor and City Council and said Contractor ls now willing
and able to perform all of said work in accordance with said advertisement and his
proposal .
NOW THEREFORE, In consideration of the compensation to be paid the Contract , the
mutual agreements hereinafter contained:
A. Contract Documents: It ls agreed by the parties hereto that the following list of
instruments , drawings and documents which are altached or incorporated by
reference constitute and shall be referred to either as the Contract Documents
or the Contract and all of said Instruments, drawings , and documents taken
together as a whole constitute the Contract between the parties hereto and
they are as fully a part of this agreement as if they were set out verbatim and
in full:
2008 Unit Pnces
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
Receipt , Release, Waiver of Claims
Special Provisions
General Cond1Uons Detailed Specifications Plans and Drawings 8 Scope of Work. The Contractor agrees to and shall furnish all labor, tools , supplies, equipment, materials and everything necessary for and required to do , perform and complete all the work described, drawn, set forth , shown and included in said Contract Documents ,
C. Terms of Perfom1ance . The Contractor agrees to undertake the performance
of the wor ~ under this Contract within ten [10l days from being notified to
commence work by the Director of Public Works and agrees to fully complete
said work within one hundred 1100) working days, plus such exte nsion or
extensions of lime as may be granted by the Director of Public Works in
accordance with the provisions of the Contract Documents and Specifications
D. Indemnification The City cannot and by this AgreemenVContract does not
agree to indemnify, hold harmless, e~onerate or assume the defense of the
Contractor or any other person or entity, for any purpose. The Contractor shall
defend, indemnify and save harmless the City, Its officers, agents and
employaes from any and all claims. demands, suits, actions or proceedings of
any kind or nature Including Worker's Compensation claims, In any way
resulting from or arising out of this Agreemenl/controct: provided , however, that
the Contractor need not lndemn~y or save harmless the City, Its officers, agents
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and employees from damages resulting from the sole negligence of the City's •
officers, agents and Employees.
E. Termination of Award for Convenience: The City may terminate the award at
any time by giving written nobce to the Contractor of such termination and
specifying the effective date of such termination, al least thirty (30) days before
the effective date of such termination. In that event an finished or unfinished
service, reports , material (s) prepared or furnished by the Contractor after the
award shall, at the option of the City, become its property. If the award Is
terminated by the City as provided herein, the Contractor will be paid that
amount which bears the same ratio to the total compensation as the services
actually performed or material furnished bear to the total services/materials the
Contractor covered by the award, less payments of oompensation previously
made . If the award Is terminated due to the fault of the Contractor, the clause
relating to termination of the award for cause shall apply.
F Termination of Award for Cause: If, through any cause, ~'1e Contractor shall fail
to fulfill in a timely and proper manner Its obfig ations or if the Contractor shaQ
violate any of the covenants, agreements or stipulations of the award, the City
shall have the right to terminate the award by giving written notice to the
Contractor of such termination and specifying the effective date of termination
In that event, all furnis hed or unfinished servicr. , at the option of the City
become Its property, and the Contractor shall be entitled to receive Just,
equltable compensation for any satisfactory work documents, prepared
completed or materials as furnished. •
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Notwithstand ing the above, the Contractor sha ll not be re lieved of the liability to the City for damager usta ined by the City by virtue of breach of the award by the Contractor , and the City m~·, with hold any payments to the Contractor for the pur pose of set off unt il such time as the exact amou nt of damages due the City from the Contractor is determ ined G. Terms of Payment : The City agrees to pay the Contractor for the performance of all the work requ ired under thi s contract , and the Contractor
agrees to accept as his fu ll and only compensation the refore , such sum or
sums of money as may be proper in accordance with the price or prices set
forth in the Contractor's proposal attached and made a part hereof, the total
estimated cost thereof be ing Three-Hundred Ninety Thousand Nine-
Hundred Ninety Five Dollars and No Cents ($390,995.00).
H. Appropriation of Funds : At present , $390,995.00 has been appropriated for
the project. "'"'ithstand ing anything contained in this Agreement to the
contrary , in the ent no funds or insufficient funds are appropriated and
budgeted by th., governing body or are otherwise unavailable in any follow ing
fiscal pe ri od for which appropriations were rece ived without penalty or
expense except as to those port ions of the Agreement or other am ,Junts for
wh ich funds have already been approp:iated or are otherwise ava ilab le. The
City shall immediately notify the contractor or its assignee of such occurrence
in the event of such term ination .
I. Contract Binding : It is agreed that th is Contract sha ll be bind ing on and inure
to the benefit of the parties hereto , the ir he irs , executors , admin istrators ,
ass igns , and successors .
Verification of Compl iance with C.R.S. 8-17 .5-101 ET .SEQ . Regard ing Illegal Aliens
(a) Employees, Contractors and Subcontractors: Contractor sha ll no:
knowingly employ or contract with an Illegal ali en to perform work under this Contract.
Cont ractor shall not contract with a subcontractor that (I) knowing ly employs or cont racts
with an Illegal alien to perform work under th is Contract or (ii) fails to certify to the
Contractor that the subcontractor will not knowing ly employ or contract with an illega l
ali en to perform work under th is Contract. [CRS 8-17 .3-102 (2)(a)(I) & (II ).]
(b) Verification: Contractor has ve rified or attempted to verify through
part icipation in the "basic pilot program " (authorized by P.L.204 of 1041" Congress and
amended by P.L.156 of 108 th Congress) that Contractor does not emp loy any illega l
ali ens . And , if not accepted In to the "bas ic pilot program • prior to enter ing Into th is
Contract , Contractor further verifies , Con tractor wil l apply lo participate In the 'bas ic pil ot
program " every three months un ti l Contractor is accepted or th is Contract is completed ,
whichever is earl ier . [CRS 8-17.5-102 (2)(b)(I).]
(c) Limitation regarding the "Basic PIiot Program: Contractor sha ll not
use basic pilot program procedures to undertake pre -employment screening of job
appli cants while perform ing this Contract. [CRS 8-17 .5-102 (2)(b)(II).]
(d) Duty to Terminate a Subcontract: If Contractor obtains actua l
knowledge that a subcontractor perform ing wo rk under th is Cont ract knowing ly emp loys
or contracts with an Illegal ali en, the Contractor sha ll :
(1) Notify the subcontractor and the Crty within three days that the • Contractor has actual knowledge that the subcontract0< 1s employing or contracting with an ,llegal ahen, and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an Illegal alien , the subcontractor does not stop employing or cont racting with the illegal alien . (CRS B-17.5-102(2)(b)(lll)(A) & (B).) (~) Exception: If the subcontractor provides information to establish that
the subcontractor has not knowingly emp loyed or contracted with an illegal alien
and the subcontractor stops employing or contracting with the Illegal alien
(e) Duty to Comply w ith State Investigation: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made In the
course of an investigation pursuant to C.R.S. 8-17 5-102 (5). (CRS B-17.5-102(2)(b)(IV).)
(f) 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, Contractor shall be If able for actual and consequential damages to the C,ty in
addition to any other legal or equitable remedy the City may be entitled to for a breach of
this Cont ract.
IN WITNESS WHEREOF , the part ie~ have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals affixed and duly
attested the day and year firs: above written .
This Contract is executed In 4 counterparts.
<S'nt!actor
by __________ _
Party of the Second Part
ATTEST :
Secretary
CITY OF ENGLEWOOD
by ____ .,.... _____ _
Director of Public Works
Party of the First Part
ATTEST :
City Clerk
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THOUTT BROS . CONCRETE CONTRACTORS INC . HONESTY PH. 4!,8• 1298 Deceml,cr 7"', :?007
RC: ~OOII Concrete Rcrlacemcnl Pricing
Mr. Larry Nimmo
City of Englewood
1000 Eng lewood Parkway
Englewood, CO 80110
Dear :0-·lr. Nilll1'1<1:
EF"f'ICIENCY SIN CERITY Bu •~r 1-c rut, .. { o r 1 0 MQPQO V. NC""'! 5 -'6 0 TtNNY!3ON ST , 0 0•\.'[0 . CDLOlfAOQ 110212
I would like tu lake U,is oprortunlty lo outline U1<' reasons for th<' 2.8 °0 increase in the 2008
Concrete Replacemen t project that I recently ~ubmilled to you .
As in prn,·ious years, the concrete industry has bl'Cn hit by a variety 01 ~sca laling costs. For
example, material price~ fo r cement and rock have risen 6'\. in the past year, Addi tionally, costs
in peripherals s uch as health, liability and \\'Or ~man'scumpensation insuranc~ have ri.wn 9_1•~.
Other necessities such as fuel are constantly on the rise.
\Vhile we regret the need tn eS<"ala tc our pricing, we feel that ii is ncc~ss,1ry ttl maintain the high
level of quality that you have come to know from Thoutt Bros, Concrete Contractors, tn c. Please
rest assu red Iha• we are constanlly seeking c>ut new ways to improve efficieOC) and our goal
remains the s.•..-,c: to provide the highest quality cnncrctc 0alwor~ ai a fair price.
Should you havt' any questions or .-n11rc rns ro•r,.irding the revi<c•d pricing or the mark~L
conditions that prompt<-.! our incr~asc, please do nc>I h<>51ta1c lo contact me. n,an k yc,u for your
cnntinu cd in lcr,•s t in Th<1ult Bros. Conn,'le Ct>ntrartors.
Sincerely,
Thoutt Bros. Concrete Contractors, Inc.
tjm
• ~~t~~ffl ~ co ::·1 Job: C<y ol E...,_ AAn LanyNr-no 1000 Englewood Pkwy Englewood, CO 90110 BUILD THE FUTURE OF TOMORROW NOW• ~ I'll JOJ.762-2500 F o, 3'l3-78l-6893 0 1~: l J.l)tc-07
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COUNCIL I ~MUN ICATIO N Dal" MJrch l 7, 2008 Initiated By: I Agtnda lttm: 11 C Iv Department 01 Public Works I Sul:>1ect: j A\\Md Contract for :008 Microsuriacing Progrnm I Staff So urce: Rick Kahm, Director of Public Works
COUNC IL COAL AND PREVIOUS COUNCIL ACTIO N
Resolu tion No, 43, Series 2005, Resolution No. 47, Series 2004, Resolution No. 33, Series 2003,
Resolution No. 46, Series 2002, Resolution No. 28, Series 200 l, Resolution No. 42, Serres 2000,
Resolution No. 44, Series 1999. Resolution No. 51, Series 1998, Resolution No. 43, Series 1997,
Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995 , Resolution No. 40, Serles of
1994, Resolulion No. 39, Se rles of 1993, Reso lullon No. 52, Series of 1992, and Resolutio n No. 38,
Serles of 1991, approving negotiating contra cts and awarding negotiated contracts for the 2005,
2004, 2003, 2002, 200 1, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, and 1991 micro•
surfacing programs, respectively.
Counci l approved a Motion lo award lhe 2006 Microsurfacing contra ct at the August 21, 2006 City
Council meeting 10 Broadaway Holdings LLC. The project was bid in 2006 and Broadaway
Holdings was the low bidder,
Council approved a Motion lo award an extension of the 2006 Microsurfaclng contract at the May
7, 2007 City Council meeting 10 Broadaway Holdings LLC. This award was the first year of the
contract extension.
RECOMMENDED ACTION
Staff recommends that City Councol appro,e, by Motion, an extension of the 2006 contract for the
2008 Miaosurfadng Program in the amount of $74-4, 180 to 8road.1way Holdings UC. and
authorizing the Director of Public Works to execute the contract This award is the second year of
th~ contract extension.
BACKGROUN D, ANALYSI S, AND ALTE RNATIVES IDENTIFIED
Each year, our Street.s Maintenance Division reviews Englewood's 119 miles of streets and
delem1ines which roadways dre In need of maintenance efforts. The recommended 2008 program
Includes approxima tely 98 blocks, as detailed in th e attart• 1 'isl and map.
Th e 2006 Mlcrosurfaclng con trac t Inclu ded a provision In , <1end the contract for up 10 a three year
period. Staff has receive d pricing from th e corllractor an u reco mmends ex1enJl:1g th e contract for
tl.e 2008 program . The estimated design life of our asphalt roads was 20 years. In o rder lo coax
additiona l \'ears of fife o ut of our roads, with the tough Co lo rado freeze/th aw cycles, studded snow
tires, the ch,lllen~111g Jnd tons1a,1ll1 thang,ng ,ubsurfate rnnd11inns. as \\ell ,,s the 1rut~ and hu, 11arf1<, \\ e ne••d to per1t1d1<,1lly perform re,ur1,Krng tr.-dlment>. S1,1t1 1n1roduced "Englewood" 1'1,vo,urfaclng In I gq I. Our objelllve was tu de\elop an altern,111,e 10 address the mamlenance needs ot road\,,111 subjected to excessl\e trafl,c 1olumes resulting 1n pa1 ement rutting and 1,m,-s ~qumng le, eling 1rea1men1s along wrlh ne\1 "earing cou~es and surface sea ls. M,crosurradng is ,, cost effectil e m,1in1enance alterna tive 1ha1 provides rut fi ll ing. leveling of existing pa,ements. a surface seal ,1nd a new wearing surface. The finished product 1s je1 hlact-. aesthet1call1 pleasing. and exhibits more tracuon than the onginal asphaltic concrete tor
impro1 ed safety. Mod1fica1lon in the product chemistry ove r the yea rs has enabled us 10 open
s1ree1s lo through traffic In ,1s early as ~O to 30 minutes. If nece,s,1,y.
This yea r, we propose to continue using the same emulsions and addi111 es lh,11 produced a
successful program la st year. Our microsurfacing produu will use ERGON emulsions, 1ranspor1ed
from Waco, Texas. We will continue 10 specify the quality custom crushed, gray granite aggrega te
supplied by Asphalt Pa, Ing Company, Golden, Colorado.
Mlcrosurfaclng requ ires highly specialized construction equ ipm ent. Based on our last I 7 years of
experience, we know that the use of continuous microsurfacing equipment produces a superior
product when compared to that applied with truck-mounted type machines. Continuous
equipmen t provides consisten cy of application and minimizes seams by reducing equipment slops
and starts. Experience wi th applying our product is crucial to a successful project Currently, there
art no local contractors with the proper equipment to construct our miao,urfadng project.
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We believe mlcrosu rfa clng provides superior va lue to our citizens because: •
The City of Englewood has developed a product 1ha1 has superior "orkabihty compared to
the standards being utilized by other jurisdictions .
2. Microsurfacing has construction advantages over slurries rn d1a1 microsurfacing can be used
for rut filling and le,eling rn addition to providrng the surface seal and new wearing surface.
3. Microsurfacing 1s more customer friendly. and doesn't require large quan tities of loose rock
that could cause problems or concerns for our citizens. The shor1 set lime allows the
roadway 10 be reopened w1thou1 long delays.
4. Microsurfacing has the capability of being applied in am re<1uired thickness that is necess.iry
lo address our s1reet maintenance needs.
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FINANCIAL IMPACT S1aft has rece11 ed ~ pnce 01 $31 ~ per 1011 101 1he W06 program. TI1e 111111 cost 1, up lrom l,1s1 ye,1r's S296 per ton due to incre,1ses in petroleum costs ,ind trucking charges Yur Contr.act Amount Sauart" Y1rd5 Blod<s P.ric,~nuut Yard::i l!l'll S280000 H,0000 60 $1.1S 1992 Sl(,0000 185000 ;o $1.41 1993 $305000 201000 ;6 $1 .52
19'4 SJ15.000 207<Dl 80 $1 .50
1995 53)9 000 209000 80 $1.62
1996 SJS8000 2?3000 86 $1.61
1997 S)60000 240000 97 $1.58
1998 $361 000 214000 90 $1.69
1999 S)S0.000 !UOOO 86 $1.il
2000 U55000 201 000 9) $1.77
2001 '360000 200000 89 $1.80
2002 052485 191 112 ~s $1.k
2003 060000 200 5)4 80 $2.07
2004 $4240)1 219005 8) $1.9S
2005 $421 3;1 168167 46 $2.51 '
2006 $297 960 79 504 10 Sl.83'
2007 S6l8.970 218 30S 88 $2.7S '
2008" S744 180 254 212 98 $2.92
lndudos Bro•dwayO JO lb/SY ,ersus 18 lb,SY oo ,..;dent,al suttl!
'' hlim>led q<IM\bbes
; Due 10 the VMylng a11t>licah0n r,ue, of r11fcrosurf,.c:log. .1nd ever ch,mgrng roJdway conditions, mkm-
wrfolcln2 is cooU><:led In '""' wellhl --ll0tl\l
S 1,4 l 0,200 Is available In the Road and Bridge PIF account for 2008 as detailed below:
Microsurfacing
Cape Seal
Overlay
Contingency, Testing. Crack sealing.
Ro1omllllng. and Inspection
TOTAL
Costs aMociated "ith tlie 2008 Microsurfacing projec1
Broadaway Holdings LLC 23 70 tons @ S3 14
Tesling and Inspection
Con1i11gency
Total Estimated Projed Costs
S 772,W0
$ 250,000
$ 189.000
1.......22..QQl
$1,410,200
S744, 180
3,000
..liQQQ
$772,180
LIST OF ATTACHMENTS Con1rac1 Lisi of Slreel!.-Mltrosurlaclng Map-M1crosurfaclng Lisi of Streets-Overlay Map-Overlay •
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CO NTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement. made and entered Into this 17th day of ....M!rEJ.., 2008, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City·. and Broad away Holdl11gs. LLC whose
address Is 73 22 MacArthur Drive. North little Rock. AR 72118 • ("Contr actor')
Commencing on the 21 11 day of February, 2008 the City exercised Its option to extend
the orig inal contract dated May 7", 2007 pursuant to Special Condition 2.19 for
furnishing all labor, tools, supplies , equipment, materials and everything necessary and
required for the following:
PROJECT: MICROS URFACING PROGRAM 2008
WHEREAS. the 2008 Proposal has beer. received by the Director of Public WOlks and
forwarded to the Mayor and City Council with a recommendation that a contract for said
work be awarded to the above named Contractor who was the lowest reliable and
responsible bidder therefore , and
WHEREAS, pursuant to said recommendation the Contract has been exte,lded to the
above name Co:itractor by the Mayor and City Council and said Contracto1 is now willing
and able to perform all of said work in accordance with said contract provisions
NOW THEREFORE, in consideration of the compensation to be paid the Contract , the
mutual agreements hereinafter conta ined :
A. ~c. Documents: It Is agreed by the parties hereto that the following list of
lnsll~'ments, drawi ngs and documents which are attached or incorporated by
refere ,;ce constitute and shall be referred to either as the Contract Documents
or the Contract and all of said instruments, drawings, and documents taken
together as a whole constitute the Contract between the parties hereto and
they are as fully a part of this agreement as If they were set out verbatim and
in full:
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
Rece ipt, Release . Waiver of Claims
Specia l Provisions
General Conditions
Detailed Specifications
Plans and Drawings
B Scope of Work: The Contracior agrees to and shall furnish all labor. tools . • supplies, equipment. materials and everything necessary for and required to do, perform and complete all the work described, drawn. set forth, shown and included In said Contraci Documents. C. Terms of Performance: The Contracior agrees to undertake the performance of the work under th is Conlraci within ten (10) days from being notified to commence work by Ule Director of Public Works t.nd agrees to lully complete said work within thirty 1301 calendar days , plus such extens ion or extensions
of time as may be granted by the Director of Public Works In accordance with
the provisions of the Contract Documents and Specifications .
D. Indemnification The City cannot and by this AgreemenVContract does not
agree lo indemnify, hold harmless, exonerate or assume the defense of the
Contractor or any other person or entity, for any purpose . The Contractor shall
defend, Indemnify and save harmless the City, its officers, agents and
employees from any and an claims, demands, sutts, actions or proceedlngs of
any kind or nalure Including Worker's Compensation claims, in any way
resulting fTOm or arisi ng out of this Agreem,nVcontract: provided, however, that
the Contractor need 11101 indemnify or save h~rmless the City, its officers, agents
and employees from damages resulting from the sole negligence ol the City's
officers , agents and Employees.
E. Terminallon of Award for Convenience: The City may terminate the award at
any lime by giving written notice to the Contractor of such termination and •
specifying the effective date o( such termination, at least thirty (30) days before
the effective dale of such termination. In that event au finished or unf111ished
seNice, reports, material (s) prepared or furnished by the Contractor after the
award shall, at the option o( the City, become its property. If the award is
terminated by the City as provided herein, the Contractor wffl be paid that
amount whloh bears the same ratio to the total compensation as the ser.-ices
actually performed or material furnished bear to the total services/materials the
Contractor covered by the award, less payments of compensation previously
made. If the award Is terminated due to the fault of the Contractor, the clause
relating to termination of the award for cause shan apply.
F. Termination of Award for Cause: If, through any cause, the Contractor shall fail
to fulfiU In a timely and proper roamer Its obhgatlons or if the Contractor shall
violate any of the covenants, agreements or stipulations of the award, the City
shaft have the right to terminate the award by giving written notice to the
Contractor of such tennination and specifying the effective date of termination.
In that event, all furnished or unfinished services, at the option of the City,
become Its property, and the Contractor shall be entitled to receive jusL
equitable compensation for any satisfactory work documents, prepared
completed or materials as furnished.
Notwithstanding the above, the Contractor shalt not be relieved of the
llabillty to the City for damages sustained by the City by virtue of breach of
the award by the Contractor, and the City may withhold any payments to the •
Contractor for the purpose of set off until such time as the exact amount of
damages due the City fTOm the Contractor is determined.
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G Terms or Payment The City agrees lo pay !he Conlraclor lor lhe performance of all the work required under this contract . and the Contractor agrees to accept as his full and only compensation therelore , such sum or sums of money as may be proper in accordance with the pnce or prices set lorth in the Contractor's proposal attached and made a part hereof, the total estimated cos! !hereof being Seven-hundred forty four thousand one-hundred eighty eight dollars and .fill cents ($744.180.00). H Appropriation of Funds: At present , $744.180.00 has been appropriated for
!he project. Notwithstanding anything contained In this Agreement to the
contrary, in the event no fu nds or insufficient funds are appropriated and
budgeted by the governing body or are otherwise unavailable in any following
fiscal period for which appropriations were received without penalty or
expense except as to those portions of the Agreement or other amounts lor
which funds have already been appropriated or are otherwise available. The
Ctty shall immediately notify the contractor or tts assignee of such occurrence
in the even! of such termination.
I. Contract Binding: It Is agreed that this Contract shall be binding on and Inure
lo the benelit of the parties hereto, their heirs, executors, administrators,
assigns, and successors.
Verificalion or Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Illegal Aliens
(a) Employees. Contractors ,ana Subcontractors: Contractor shall not
knowingly employ or contract with an Illegal alien to perform work under this Contract
Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts
with an illegal afien to perform won< under this Contract or (ii) fails to certify to the
Contractor that the subcontractor will not knowingly employ or contract with an Illegal
alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).)
(b) Verification: Contractor has verified or attempted to verify through
particip3tlon in the "basic pilot program· (authorized by P.L204 or 104., Congress and
amended by P.L 156 or 108" Congress) !hat Contractor does not employ any Illegal
aliens. And, if not accepted Into the 'basic pilot program' prior to entering Into this
Contract, Contractor further verifies. Co ntractor will apply to participate in the "basic pilol
program' every three months until Contrac tor Is accepted or !his Contract Is completed,
whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).]
(c) Limitation regarding the "Buie Pilot Program: Contractor shall not
use basic pilol program procedures to undertake pre-employment screening of job
applicants while perfonning this Contract. [CRS 8-17.5-102(2)(b)(ll).J
(d) Duty to Tennlnate a Subcontract: II Contractor obtains actual
knowledge that a subcontractor perfonningi work under this Contract knowingly employs
or contracts wtth an illegal alien, the Contractor shall.
(1) Notify !he subcontractor and the C~y within three days Iha! lhe
Contractor has actual knowledge that the subcontractor is emplo}'lng or contracting with
an illegal alien; and
(2) Terminate the subcontract w~h the subcontractor if. within three days
of receiving notice that !he Contractor has actual knowledge that the subcontractor is
employing or contracting with an Illegal alien , the subcontractor does not slop employing
or contracting with the illegal alien . [CRS 8-17.5-102(2)(b)(lll)(A) & (B).J
(3 ) Exception : II the suocontracto r provides inlormat io n to establish that • the subr.ontractor has not knowing ly employed or contracted with an illega l al ien and the subcontractor stops employ ing or contracting with the illegal ali en . (e) Duty to Comply with State Investigation: Contractor shall comp ly with any reasonable request of the l.:olorado Department of Labor and Emp loyment made in the course of an invest igation pursuant lo C.R.S . 8-17 .5-102 (5). [CRS 6-17 .5-102(2)(b)(IV)]
(f) Damages for Breach of Contract: The City may terminate this contract
lor a breach of contract , in whole or in part , due to Contractor's breach of any section of
th is paragraph . Contractor shall be liable for ach,al and consequent ial damages to the
City In addttlon to any other legal or equ itable rem i,,jy the City may be ent itled to for a
breach of this Co ntract.
IN WITNESS WHEREOF , the part ies ha ve caused these presents to be signed
personally or by their duly authorized offlcor~ J' .igents and the ir seals affixed and duly
attested the day and year first above writte n
Th is Contract is executed in 5 counterparts .
CITY OF ENG/. l=\f.l()OP.
Contractor
By __________ _
Party of the Second Part
by o·.,.1r_e_ct_or-o--:f-=pc-u-bl--c-ic-W-,-ork_s ____ _
Party of the First Part
ATTEST :
ATTEST :
Secretary City Clerk
MICROSURFAC ING S TREETS 2008 No. of Blocks Street/Avenue F rom To 1 2700Acoma 1 2600Aconna 1 2900Acoma 1 3000Acoma 1 3100Acoma 1 3200Acoma 1 3300 Bannock 1 3200 Bannock 1 3100 Bannock
1 3000 Bannock
1 2900 Bannock
1 2800 Bannock
1 2700 Bannock
1 2600 Chero'kee -1 3100 Cherd.kee ·--·· 1 3200 Delaware .
1 3200 Huron
1 3100Downina
1 3200 Oownlna
1 3300 Oownlna
1 3400 Oownina
1 3400 Corona
1 3300Corona
1 3100 Cooen
1 33000oden
1 3200 Sherman
1 3400 Sherman
1 3100 Lincoln
1 2900 Lincoln
1 3500 Llifavette
1 Washington Radcliff Quincv
1 Washington Quincy Princeton
1 Washin~ton Princeton Oxford
1 Pearl Stanford Tufts
1 PennsV1Yanla Union Tufts
1 PennsYlvania Tufts Stanford
1 Pennsvtvanla Stanford Radcliff
1 Sherman Radcliff Stanford
1 Lincoln Stanford Radcliff
1 Lincoln Radcliff Qulncv
1 Uncotn Oxford Nassau
1 Bannock Oxford Princeton
1 Bannock Prfn,..P,..,., Quincy
1 Acoma Ah.)rtl Nassau
1 Acoma Nassau Mansfield
1 Acoma Mansf1eld Lehlah
I Acoma Lehiah Kenvon
1 Acoma Kenvon Jefferson
1 c• ee Princeton Qulncv
1 ( kee Qulnrv Radcliff
1 ,kee Radcliff Stanford
05 orokee Stanford Greenbelt
05 Cherokee Greenbett Tufts
1 Fox Belleview Grand
1 Fox Grand Chenanoo
1 Fo• Chenango Lay1on 1 Fo• Lavlon Union 1 Fox Mansfield Lehigh 1 Fo• Lehloh Kenvon 1 Gala1>aQO MWV 285 Ithaca 1 GalaoaQo Ithaca Jefferson 1 Inca OJ<ford Ja 1-,n--1 Kalamalh Kenvon Lehloh 1 Kalamalh Lehlah Mansfield 1 Jason StanlOld Tults 1 Lipan ChenaM<> Lavton 1 Lioan Lavion Union
1 Lioan Union Tults
0.50 Floyd Loaan PennsY1vania
050 FIOVO PennsYfvania Pearl
050 FloVd Peart Washll1Qlon
0.50 FloVd Washlooton Clarkson
0.50 Floyd Clarkson Emerson
0.50 Floyd Emerson Ooden
050 FloVd OQden Corona
050 F,oyo Colona Downlno
050 FloVd Oownloo Manon
0.50 Floyd Marion LalllVHtte
0.50 Floyd Lafayette Humboldl
0.50 Ffoyd Humboldt Franklin
0.50 Floyd Franklin GUpln
050 Flovd G11non wa11ams
050 F"""' Wtlliams High
0.50 Floyd Hi<lh Race
0.50 Eastman Flovd York
0.50 Eastman York Gaylord
0.50 Eastman GaYlord Vine Court
050 Eastman Vine Court Vine
050 Eastman V,ne Race
050 Eastman Race High
0.50 Eastman Hloh Williams
0 50 Eastman WlUlams GIipin
050 Eastman Giloln Franklin
050 Eastman Franklin Humboldt
0.50 EPstman Humboldt Lafayette
0.50 Eastman DownlnQ Corma
0.50 Easlman Corona ooii;;;;-----
0.50 Eastman Caden Emerson
050 Eastman Emerson Clarkson
050 Cornea Franklin Lafayette Dr.
050 CorneH Lafawitte Dr Lafayette
0.50 Cornell Lafavette Marlon
050 Cornell Marion Downlno
050 Amhersl Bannock Cherokee
050 Amhersl Cherokee Delaware
050 Amhersl Delaware Etati
0.50 Quiney Windermere Navajo
0,50 Quincv Nava10 Lipan
0 50 Radcliff Delaware Elatl
050 Radcliff Elatl Fox
050 Radcliff Fox GalaDiKKJ
050 Radciilf Galaoaao Huron
050 Beverly Dnve Windermere Thomas
1 Thomas Windermere Garden -0.50 Garden Thomas Dead-End
0.50 Union Huron Galaoaoo
0.50 Union Galaoaoo Fox
0.50 Union Fox ElaU
0.50 Union Elati Delaware
0.50 Union Delaware Cherokee
0.50 Union Cherokee Bannock
0.50 Union Bannock Acoma
0.50 Union Acoma Broaawav
2 Decatur Union Chenanao
0.50 Irvine Stanford Tufts
0.50 Irvine Tufts P,milco
98
CITY OF ENGLEWOOD -PUBLIC WORKS DEPT 2008 Microsurfacing
j_ North
DATE fel)l"u•rv 26, 2008
STREET DI VISION 2008 OV ERLA Y LI ST BLOC KS AVENU E/STREET FROM TO I 3500 Downin!! I Lo1tan Chcnan~o Pcnnwood I l.ol!.an Pcnnwood 0cllcwood Dri"c I l.011an Bellewood Drive Belleview O.S Quincy Huron Galaoaeo o.s Quincy Gal aoouo Fox o.s Ouincv Fox Elali o.s Ouincv Elali Delaware o.s Quincy Delaware Cherokee
o.s Quincy Chcroktc Bannock
0.5 Quincy Bannock Acoma
o.s Quincy Acoma Broadway
I Shoshone Cornell Ba1cs
2 Raritan Yale Bates
4 Broadway Tufts Grand
15
CITY OF ENGlEWOOO -PUBLIC WORKS OEPT 2008 Overlay .. ..,
A, North
DAI E februtrv 26, 20011