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Home My WebLink About2008-08-04 (Regular) Meeting Agenda PacketI . Call to Order. 2. lrwocation. Age nda fo r th e Regula r Meet in g of the Englewoo d City Co un ci l Mo nd ay, August 4, 2008 7:30 pm Englewood Civic Cen ter -Council Ch,1mbers 1000 Engle-.,ood Parln,J1 Engle\\OOd, CO 110110 3. Pledge ol 11!legiance. 4. Roll Call. 5. Consideration 01 Minutes of Previous Session. a. Minutes from the Regular Cit') Council Meetins of July ! I, 2008. 6. Recognition of Scheduled Pubhc Comment (Please limit your presentation 10 ten minutes.) Recognition o f Unscheduled Publ',c Comment (PtPase hmil your p1esenta11on to fl\ e minutes. nme for unschedu led public comm en t ma1• bP limited 10 45 m111utes, and If limited, shall be continued 10 General Dbcusslon I 8. Communications, Proclamati ons. and Appointments. ,,. Le11er trom Cl Cullinan ,mnouncin g her resignation from the Engl.,.., nod Housing Au thmlf\. 9. Consent Agenda lteI11s. a. ApprO\ al 01 Ordinantes on Arst Reading. flip,ne noh• It ,oo h,1,e J ckll~~I\ .mdnN-J.m1'11w\ .~()f •f'f\K.-Mo.C)k-.N" no,u, tht C•t\ al lnpt\\ood \OJ..:'b.!·.!•IO;i JI ""•''+t 48 hc;,m~ w1 .1m..v1r(' nf Ahen '-""'kl'S .ti~ nN'dNf ln,:.J,..,wod l 11\ ( fK1tKII ",~m,l1 o\t.1~'\I~ !~-~ P1i tt: b. Appro, al oi Ordmanc~ on Second ReJdtn!I, Council 8111 No. ~1. ,1mlnd1ng the Engle\\ood ~1un1u1,,1 1 Cnde p~rt,1111lng to Pm ate Sewers, Connections, a11d Repa irs. ii. Council Bill No. ~5. authorizing pa rticipation 111 the Sou th Pla tte W,1t er Relat ed Activities Program. iii. Council Bill No. 31 , authorizing the Release of Interest pertaining to a se\\er hne at Ri\e,Point at Sheridan. i\. Council Bill No. 32, apprO\ mg Supplement o. 163 to the Southgate Sanitation Oistnct Connector's Agreement ic,r the inclusion of land ,,ithin the district boundaries. ,,. Council Bill No. 46, approving Supplement No. I to the City of Cherry H,lls Village Connector's Agreemen t for the inclusion of land w1d1in the distric t boundaries. vi. Council BIii No. 47, approving an In tergove rnm en tal Agreemen t wit h Arapahoe Community College: Arapahoe/Douglas Caree r ,1nrl Technical Sc hool for a student-built house. ,ii. Council Bill No. 48, appro,·ing an Intergovernmental Agreement with Arapahoe County for Coordinated Flection ~ervices for th~ No, ember 4, 2008 Gener al Election. ,iii. Councff Bill No. SO, auth'l<izing the South Pla tte Greem,ay legacy Project Partners Agreement. c. Resolutions and Motions. Recommen dation from the Publ ic Wo rks Depar tment to approve, by motion, a contract for the PlJ rchase and Installation of flooring tile In the Recre,1tlon Center locker rooms. Staff recommends awarding the contract to Colorado Floorworks, Im·., the 1011,es t qualified bidder, in 1he amount 01 $45,106. STAFF SOU RCE: Rick Kahm, rublic Works Directo r. I 0. Publtc Hearing Items (No Public Hearing Scheduled.) I I . Ordinances, Resolullons, and Motions a. Approval of Ordinances on F1r11 Reading. Cou ncil 8111 No. 5 1 rec ommenda tion from the Comm unity Development Department 10 adop1 J hill for an ordinance approving an c,1e11sion of th e Pk-.1w no1e h \OU h,l\f' ii ck.lblf,t\ Jl'td orf'd ."-!,1b,1" .urb or ~i\Kes. 1JW-asr oo11f\ !hf' C11 ot l11M,k"l\oud f)OJ.;-v.:-:..:05; ,11 le-,lSl -48 hou·\ "' .-ch .mu• of "hrt1 ~~ .ve needed Cng~O\\oo,J Cit\ Ctiuoal Ai.-n1l.t /\ugml -I 10l.18 P•g• 1 mo ratorium Ori th ~ est.ibl,shment tt1 roonung o, boarding houses thr ough No,en1ber 3, ~008. S11'AFF SOURCE: Tricia Langon, Senior Planner. b. ApprO\al of Ordin,mces on Sl-Cond Readmg. Co uncil B,11 No. 43, as amended, Jmend,ng Tit le 11-3-4 of the fngle,,ood Mumcip.il Code pertarning to encroachments ,nto th e righ1,of-wav. c. Resolutions and Motions. Recommendation rrom the Public Works Department to approve, by motion, a construction contract for the Big Dry Cre.:k Tr;.11 Lei ow to Broadway. The total es ti mated project cosl is S758,886.85. STAFF SOURa: Rick ICahm, Public Works Director. 1 ~-General Discussion a. Mayor's Choice. b. Counc il Members' Choice. 11. City Manager's Report. 14. City Allo mey's Repotl. 15. AdJoumment. The follO\,ing minutes were transmi tted to Cit) Counc,I in July. 2008. • Alliance for Con1merce m Engle\\ ood Committee mim11es of the June 1 2, 2008, meeting. • Board of Adjustment and Appeals minutes of the June 11 . 2008, meeting • Code Enforcement Advi<or, Commiltee minutes 01 !he June 16, 2008, meeting. • Cultural Arts Commission minutes of the Mly 7 and June 4, 2008, meetings. • Uq.,or licensing Authority minutes of the Jun e 18 and July 2, 2008, t~leph one polls. • Parks and Recreation Commission minute < ,,f the May 8 and June 12, 2006. 111Petings. • Planning and Zoning Con1m1ss1on minut ut the June 17 and July 8, 2008, meetings. • Public Library Board minutes of u,e l\la) , l 2008, meeung. • Water and Sewer Board minutes o1 die May and June l O. 2008. meetings P1f'iJ'\l" nolt' If )OU h,1u1 ., d1~,1b,l/f\ ,md nt:'<'fl ,tu\llldn J1ds o, q<r\tCM. p&(-,ISC" nobt\ llw--01\ CM bt~ood IJOJ.:'6.!-2-IOS1 .11 IPJ\1-18 houn. in .td\JnctlOf ,\hm i;er\tfE.-S .11P nrPde,rl • • • Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLO RADO Regular Sess ion July 21 , 2008 1111 The regular meetlng of the Englewood City Counc,i was called lo order by Mayor Woodward at 7 44 pm 2 Invocation The !~vocation was given by Council Member McCast,n 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member McCashn 4 Roll Call Present Absent A quorum was present Council MembersJefferr.un, Moore, Oakley, McCasl •, •,•~-. wooov,a .. • Council Member Penn Also present City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Cler~ Bush Director Gryglewk:z, Finance and Admin,sIratIve Services Director Fonda, Utllities D,rector Black, Pa rks and Recreation Director White, Communi1y Development Housing Finance Specialist Grimmett. Communi1y Development Senior Planndr Langon, Community Development Senio Planner Graham. Community Development Engineering/Capital Projects Administrator Henderson, Public Works Police Chief Vandermee Fire Chief Paltarozzi Officer Chnstensen, Police Depar1menl Officer Hoehler, Pollce Oepanment Investigator Medina, Police Department nfficer Mrtchen, Police Depar1menl Pn!:ce Commander Watson l-'ohce Comma nder Sanchez 5. Consideration of Minutes of Previous SeHlon (a) COUN CIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER MOORE SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 7, 2008 . Mayor WOodWard said I have one mod1fteation, on page 6, 10ffi line up from the bollom of the page The kne starts with •you a message• .. thefe should be a penod there and the ne~t sentence should start ·on Monday mom,ng al 5 a m , your contractor • Vote results on approval of the minutes as amended: Englewood City Counc il July 21 , 2008 Page 2 Mol1on carried Ayes Na ys Abstain Absent Counc,I Members McCasl 1n . Moore , Woodward . Jefferson Wilson None Councol Member C kley Council Member Penn 6. Recognition of Scheduled Public Commenl (a ) Mayor Woodward said Englewood Chief of Police Thomas E. Vandermee will present the Mentonous Service Awards lo Investigator Jason Medina from lhe Colorado Department of Revenue and to Officer Sherri Christensen and Officer John Hoehler from the Englewood Police Department for their quick thinking and the life-saving measures they too k when responding to a traffic accident m late May Chief Vandermee said good evening Mayor Woodward and members of CC1u,1ci;, Tonight ,s dn opportunity that I thin k Jus t about any supervisor , manager or director lruly looks forward l•J and that is the opportunity lo recognize some of our employees and also r~•cogn,ze a member of our communi ty The men and wome n of the Englewood Police Department do outstand in g work on a daily basis ~nd ii is not unC•)mmon for them to become Involved 1n activities or engage in aclivities that , ui,~er normal cim·mstances. one might look at and think that they were truly extraordinary . We kind of, insid e the d.:partmee!, look at those as bOJsiness . lhat Is just what we do . But occasionally off,cers engage in activities that go well beyond what even we expect to be normal. or what we accept as norma l So to night I have the opportunity to recognize seve ral of our officers and , like I sa id. a member of the community At lhis point , I would also like to inlroduce members in the aud ience from the Colorado Department of Revenue , the Liquor Enforcement Divis ion Mr Tim Peterson. who 1s the Chief of Investigatio ns, Don Pace who 1s the Denver Superv isor and Laura Harns who is the Director of the Liquor • Enforcome nt Division for the Colorado Department of Revenue Thank you I wou ld like, at this time , lo ask • Englewood Poli ce Office rs Sherri Ch rislen sen and John Hoehler to come fo r,vard please. and also ln•1est1gator Jason Medina of the Colorado Department of Reve nu e. I would like to read a c1tat1on that has been prepared for each of these deserving officers . "On May 29 , 2008 , Englewood Police Officers Sher ri Chnstense n and John Hoehler responded to a four car traffic accident on Highway 285 and South Cherokee Street Upon arriving at the scene . the officers dis covered that one of the drivers was unconscious and unrespo nsi ve ... no pulse could be located and the v,ctim was not brealhing The driver was pulled from his pickup truck and was receiv ing CPR from Otticer Jason Medina. an investigato r with the State of Colorado, who had witnessed the accident Officers Christensen and Hoehler took over the CPR efforts from Investigator Medina and continued to attempt to revive the victim until fire me dics arrived . When fire personnel arrived , advanced life saving measures were applied . The victim later fully recovered and was released from the ho spita l several da;•s late r II was determined that this driver had suffered a heart attack and had lost consciousness while driving The doctors at Swedish Medical Center and the Englewood Paramedics have offered opinions that witho ut the quick thinking and efforts of all three officers , it ,s quite lik ely that the victim would have died . For their exempla ry skill and professionalism , Officer Shem Christensen . Officer John Hoehler and lnvest'g ator Jason Medina are hereby presented wit~ the Englewood Pol ice Departments ' Mentorious Service Award ." There was applause Mayor Woodward said congratulations and tt,ank you for your service (b ) Mayor Woodward said Englewood Chief of Police Thomas Vanderme e will recr,gni;_~ Officer Tun Mitchell for his years of serv ice with the Department by presenting him with the D1st1ngu1sh ~ervice Medal Chief Vandermee said th is ,s quite a night for us and, agam , recognizing an employee ,s always a thnll and on° of the benefits of hav in g this pos 1t1on . Tonight we are recognizing Tim Mitchell and again I will read the c,tatio, and then afterwards I woll int roduce a member of the Englewood School D1stnct who would also like to take o moment and say something He asked Officer Mit chell to come forward "Tim Mitchell began his career with lhe Englewood Police Department on June 16 , 1980 From the moment he was selected as a police officer , Timothy Mitchell has served the City of Englewood with the highest possible leve l of professionalism and • ded1cat1on Timothy has received two Police Service medals and over 50 commendations and c1tat1ons from organ,zahons such as the Eng lewood School District , the Jeflerson County School D1stric . the South Met ro Drug Task Force and KMGH Telev1s 1o n He has been recognized throughout law enforcement and pub lic education .:o mmun1t 1es fo r his co mmitment and ded1cahon to youth ,n th is community He served 1n an of 1c1al capacity as a teacher of drug awareness and resistance education to al, elementary schools in lhe Englewood • • • Englewood City Council July 21, 2 008 Page 3 communltf lor a number of years He has goven countless hours of tus own time coaching many of the EngleWO J youth ,n both baseban and football S,nce his offteial retJrement as a poftee officer ,n September 2000, Officer Mitchell has served as one of the Poltee Depanmenl's School Resource Offteers In that role he continued to serve as a leader, a confidante, an inspiration to countless Englewood children and young adults For his sustained and exceptional con111bution to the citizens of Englewood and the youth of our community. Tim Mitchell 1s hereby presented the Distinguished Service Medal • There was applause Choe! Vandermee said at this bme I would hke lo introduce Peg LaPlante from the School Oistnct who would hke to say a few words about rom as weJ Ms LaPlante said Officer Mitchell has bten working 1n our schools for many, many years I've asked people. how long has Office Mitchell been around? Because I've been here about five years ... and nobody could tell me, but many, ma ny yea rs. Englewood Schoo ls and our Eng lewood faml l1 es have tru ly benefited by his presence here ,n our schools This man genuinely cares about Englewood kids He is a great family man himself and you can observe how this caring father translated those qualities 10 have a positove ,nnuence on J'J• students I have observed hom 1n our middle schools worlong with the students and staff His profess10nal demeanor coupled with hrs great sense ol humor, ,s lascinat,ng to watch 1n .. Jron I am sure that IC•·· 1 :1 ~ Mandy Braun, Liz Breed and Michell Ansley could tell you hundreds of stones 01 • ,e ~,eat work he• • J{'f'r. ,~ our students and families . I'm told that he rully enioyed Shop with a Cop so that he could take kids ou, .·• -.., l or gifts lor their parents. He carried a sense of hu mor beyond working wi th lhe students . He Is kr,own a, ~ ·, · of a prankster around Englewood Sehools . On e April Fools Day he put hand sanitizer on the ear pieces of school staff phones and called them up so that he could watch their reaction . Secretaries had to keep their lunches under lock and key because he would hide them and then play hot and cold until they could find them When we opened up Flood Middle School for the SWAT team to train. he recently played the bad g and our OMT Supervl$Qt David Henderson, enjoyed watctllng him ptaymg around with the llostage negotiators DaYld said that is the most fun he has ever had al work. We will m,ss you rom, at the school You are a greal help to lhe kids, you are a great SRO and a great friend. There was applause. Mayor Woodward said tha nk you, Officer Mitchell for your service and all the years cl service lo all the youth In Englewood He said thank you Tom (c) Mayor Woodward said Matt Casebolt. from the law firm of Rumler, Tart><»<. Lyden, will address Co.,ncil regarding a subdivls10n matter recently considered by th~ Board of AdJustment and Appeals Mr Casebolt said hor10rable City Council members and Mayor Woodward . Why am I here tonight? I would hke lo begin a dlai<'gue with the City Council, more importantly wit h the City of Englewood. Secondly, to utte rly exhaust City remedies, without resorting to the courts, where we will have to go shortly if we can't find common groun1 And third, because the Board of Ad1ustrnenl and Appeals said I should come he re. So, the story that I have t.:, tell tonight begins back in 2006, the C,ty Counci Study Session after hear,ng vanoos testimo,y d~ected the City Department of Community Development to create a policy which would allow lor the subd1v1SIOl'I ol lots, even d they didn't stnctly conform with the 50 foot Width requirement The City Councal said that as long as 11 1s within 5'4. we are going to g,ve the City Manager or his designce, the authority to grant subd1vls·ons. My client, Colorado Custom Construction , through Its agen t, Mr Bill Curnow, found a piece of land on South Ogden Street. They said to themselves, well this fits within that policy Let's go to the C,ty departme,1 the Community Development Department and ask them if they can subdivide It So, they went and the department said yes you can subdivide ,t and we can help you do it In reliance thereon. my client, m fact, purcliased that lot and th!'~ came back to the City department and submitted an application for subd,v1s10n, whlCh was subsequently granted by the department My client then conveyed one.t,alf ol that lot to a mcc couple, the Borchard ts. who then commenced to want to build a home on thaL Well. ur.fortunately, the decisoo of the department was appealed by someone In the community Now our position ,s. ol course that lhe person who made the appeal didn't have standing to do so, but nevertheless the BOAA , the Board of Ad1ustrnent and Appeal . heard the appeal and overturned the subdivision Rema 1kably the decision of the BOM found this Council's delegat10n of authority , to your agent, fllegal and then overturned the subd1vls1on I was there and I asked them to reconsider this matter the motJon to reconsider two weeks ago I was lold that my rehet was In a ddferent tonu..,, so I am here tonight Whal ,s the harm what ,s the result or what has harv-oened? My cloent has ,ncurred hundreds of lllousands ol dollafs ,n liability He 1s go,ng to be sued by the Bon. 1s he ,s going to be sued by the t1lle company that insured the transfer ol title and as a cond ,tlOn of the sut-c "lll, the City Englewood Cll y Council July 21 , 2008 Page4 required my chent 10 destroy a home that was in ex,ster.ce on the loI We can 19 !I !hat ,,,mr t,ack Sc essenI,ally, what we would hke 10 do lonigr.I ,s figure o-, .,hy ,sn I the City talking lo us·1 Nnuld any of the Council Mr Brotzman would you care tr, comment on why we are not engaged ,n a cons11ucI·ve dialogue? Cuy Allorney Brotzman said Mr Casebolt right now Is ye·" opponunity lo present to Counr,I So w1Ih that your queshons we'll treat as rhetorical otherwise, continue w,,n your presenlalIon Mr CasebOII satd, yes sir The rsqu,•s ·ed rehef tt,al .. e are here 10 request tonight IS one of tw~ I~Ings We w011'd hke City Council to direct IIs Cm 1Cll or Cooncil's designated agent to engage wtlh us ,~11,,thonze some kind of a setUement here, beca~se 111s an absolclJ lra~edy And , my d1ent has done eve,ylh .. ,li •n reliance removed asbestos. destroyeo a hOme. gotten lhe survey .. these are real costs R,g~t now, we are having a hard blne getting throogh I tl,•,111 the las! communication we recewed, was that nottee wasn't suff,c,ent We sent a demand letter and laid out the facts as I have JUSt laid them out to you and the response was not your lads are wrong .. but rather you haven't gJVen nobce Wen okay. then we went ahead and we had to file a complaint in Arapahoe County o,stnct Court, whteh we would have p,eferred n,,: tn do at all And the responst was you haven, complied w,th not tee So, we then went and we sent our Co,.~,..:~ Governmenlal Immunity Acl notices and suit no response So, we would ~ke C,ty Council to dir•~t the Allomey's office or outside counsel whoever ,s handling lhis lo engage wrlh us In terms of finding common ground here , because we wanl to settle this Or, In the alternative, we respeclfully request lhe C,ty Counc,I give us the subdivision, because we have relied on eve,ythlng ... we have relied on the decisions and we have taken Ihe acl10ns that we have been asked to ta ke by lhe department Those remarks conclude my prosfnlatlon before Eng lewood City Council tonlghL He said can I answer any queslions of anyone present? Mayor Woodward said I think we have lhe lnformal10n. Thank you Recognition of Unsched uled Public Comment (a) Jerry Nave, an Englewood resJOent, said about a month ago I came before all you people nght here and had a compta,nt about the bird notses coming from the Shell Stabon nghl In back of my house They found out that the people at the gas stat1011 assured me that H was birds in my trees whteh the1e weren't birds In my uees because of a recording message from the gas station to keep the pigeons away from the gas slatlOn Because I knew them, I did approach Councilman Penn and Councilman Mccaslin, and lhey suggesled lhal I come here and talk to you I want to thank Pol10e Chtel Vandermee, Randy, Bob and the lady and gentlemen at the table up here for the act10n thal stopped the birds from making noises and keeping me awake 24 hours a day, 7 days a week for 4 years. Sergeant Contos from Code Enforcement came, he listened to the birds In my froni yard and my backyard, in the house, in the basement, al lhe door of King Soopers, across lhe street and went over and told them that you know, they aren't birds, they don't come and go, they slay lhere day In and day oul and he gave them ample opportunity lo get the btrds turned off They turned olf the bird no,ses and lhey also turned off the songs that were playing on the gas staI10n Islands, which went on 24 hours a day So, I would ltke lo thank everybody up here and hke I said. Police Chief Vandermee , Sergeant Contos and Mr Hoagland who did caff me and asked ,f the bords were st1U making no,ses So. I have nothing more to say I wanl to thank everybOdy up here for the act10ns that they took II means a lot Thant-you Mayor Woodward said lhank you (b) Ma.tthev: Crabuee an Englewood resident. said good evening Councd I am befo,e you thJS evening ,n response to the comments made by Counalman McCaslin during lhe last CounCil meeltng on July • • 7., These commenIs were regarding a community group that meels in th,s City, by the name of the ECOG For those of you lhat do not know, I would like lo introduce myself to all of you as lhe chairman and organizer of that community group Our group, ECOG, Englewood Clltzens tor Open Go••emment, Is a group of citizens that are Involved ,n the comm unity and as citizens we believe we have the righl to know about issues before the City and Council I find the statemen ts l ha l Mr Mccaslin made during this last Cou n;rl meeting, particularly the • stalemenl "I am concerned aboul the direct,on of this group', lo be out of line Allacklng ony peacelul group is In error to our bas,c nghts as cItIze ns There Is no need for us lo IustIfy being Involved ,n the community and there ,s no need for us to 1ust1fy attending a meetong that Is legally o~en to the publtc under the open meeltngs law, which IS also known as the Sunshine Law I would also like to make 11 clear that I approached Mr McCasltn atte1Ihat Council meeting on the ;·· In a ver, poltte and respectful manner to provide him with a response 10 • • • Englewood City Council July 21. 2008 Page 5 his comments that were very clearly directed to me He then responded , in a very angry and rude manner that "he does not like me. he does not want to talk 10 me . he does not hke the issues I suppon_ and he has no reason to discuss anything with me· He then slammed the door behond ham This seems to contradlCt h1s ,eques• earlier in that evening for an invitation to lh,s group and for more 1nformat10n about the group Councilman McCasltn . I am open and ready to talk with you, Just as I was the night alter the meeting And If you're still concerned about the direction of our group, may I remind you those cttizens have the right in lh1s City and throughout thos coun•-y, to meet and discuss any topic they feel, Inclu<lin9 issues and concerns about their local government Thank you. Mayor Woodward sa id thank you 8 Communications, Proclamations and Appointments (a) A letter from Lester Myers 1ndicallng his resignation from the Planning and Zoning Commission was considered COUNCIL MEMBER WILSON MOVEO, ANO COUNCIL MEMB ER McCASLIN SECONOEO, TO ACCEPT THE RESIGNATION OF LESTER MYERS FROM THE PLANNING ANO ZOMING COMM!SSION .. Mayor Woodward asked 1f there were any comments or discussion There were none Vote results: Molion carried. Ayes Nays Absent Council Members McCasbn, Moore, Woodward, Jefferson, Wilson. Oakley None Council Member Penn 9 Consent Agenda COUNCIL MEMBER MOORE MOVEO, ANO COUNCIL MEMBER WILSON SECONOEO, TO APPROVE CONSENT AGENOA ITEMS 9 (1) (I), (II), (Ill), (Iv), (vi, (vi), (vii), 9 (b) (I), (II), (Ill), (Iv) and 9 (c) (I). (a) Approval of Ordinances on First Readmg (1) COUNCIL BILL NO 22. IMTRODUCEO BY COUNCIL MEMBER MOORE A BILL FOR AN ORDI NANCE AMEND ING TITLE 12, CHAPTER 2, SECTION 4, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED 'PRIVATE SEWERS, CONNECTIONS AND REPAIRS" (11) COUNCIL BILL NO 25, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDI NANCE ENABLING THE CITY MANAGER OR HIS DESIGNEE, TO RENEW AND PAY THE CITY'S PORTION FOR AN INTERGOVERN MENTAL AGREEMENT ENTITLED 'THE SOUTH PL>TTE WATER RELATED ACTMTIES PROGRAM. INC . (SPWRAP) FOR THREE ONE-YEAR INCREMENT~ (•11) COUNCIL BILL NO 31, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDI NANCE AUTHORIZING THE RELEASE OF RIGHT TO MAINTAIN A SEWER LINE AT RIVERPOINT AT SHERIDAN (Iv) COUNCIL BILL NO 32 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDI NANCE APPROVI NG SUPPLEMENT NO 163 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF l A,ND WITHIN THE DISTRICT BOUNDARIES (v) COUNCIL BILL NO 46 INTRODUCED BY COUNCIL MEMBER MOORE Englowood City Council July 21 , 2008 Pago 6 A BILL FOR AN ORDINA NCE APPROV ING SUPPLEMENT NO 1 TO THE CITY OF CHERRY HILLS VILLAGE CO NNECTOR'S AGREEMENT FOR THE: INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES (YI) COUNCIL Bil l NO 4 7 INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMM UNITY COLLEGE FOR THE ARAPAHOE/DOUGLAS CAREER AND TECHNICAL SCHOOL (A::TSJ AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMIL Y RESIDENCE AT 2397 WEST HARVARD AVENUE. ENGLEWOOD. COLORADO (v11J COUNCIL BILL NO 48, INTRODUCED BY COUNCIL MEtJBER MOORE A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREE MENT BETWEEN THE BOARD OF COMMISSIO NERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUG H THE ARAPAHOE COU NTY CLERK AND RECORDER. ANO THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4, 2008 (b) Approval of Ordinances on Second Reading (1) ORDINANCE NO 33, SERIES OF 2008 (COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED • "MEM ORANDUM OF AGREEMENT FOR THE LOCAL JURISDICTION REGULATION OF CONVEYANCES • PURSUANT TO THE ELEVATOR ANO ESCALATOR CERTIFICATION ACT TITLE 9, ARTICLES 5.5, COLORADO REVISE:D STATUTES" BETWEEN THE COLORADO DEPARTMENT OF LABOR ANO EMPLOYMENT, DIVISION OF OIL ANO PUBLIC SAFETY ("OPS") AND THE CITY OF EN GLEWOOD, COLORADO (n) ORDINANCE NO 34, SERIES OF 2008 (COUNCIL BILL NO 40, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORD INANCE APPROVING AN INTERGOVER NMENTAL AGREEMENT (IGA) ENTITLED "COLORADO'S NORTH CENTRAL ALL-HAZARDS REGION HEAL TH AND MEDICAL MEMORANDUM OF UNDERSTANDING" (MOU) BETWEEN THE PARTICIPATING HOSPITALS LOCATED IN THE TEN-COUNTY METROPOLITAN AREA. KNOWN AS THE COLORADO ALL-HAZARDS NORTH CENTRAL REGION rNCR"). THE STATE AND LOCAL HEAL TH DEPARTMENTS, THE 460"' MEDICAL GROUP (460 MDG) LOCATED AT BUCKLEY AIR FORCE BASE, ANO THE LOCAL OFFICES OF EMERGENCY MANAGEM ENT AND THE CITY OF ENGLEWOOD , COLO RADO (Ni) ORDINANCE NO 35, SERIES OF 2008 (COUNCIL BILL NO 41 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF GRANT ENTITLED "STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS EMERGENCY MANAGEMENT PE RFOR MA NCE GRANT AGREEMENT (EMPGJ WITH THE CITY OF ENG LEWOOD" (lvl ORDINANCE NO 36, SERIES OF 2008 (COUNCIL BILL NO 42, INTRODUCED BY COUNCIi. MEMBER MOORE) AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTION 6, SUBSECTION 1, OF TH E ENGLEWOOD • MUNICIPAL CODE 2000 PERTAINING TO THE NONEMERGENCY EMPtOYEE RETIREMENT PLAN (NERP I c) Resolutoos and Motoos • • • Englewood City Council July 21 , 2008 Pago 7 f1) RESOLUTION N" 67 SERIES OF 2008 A RESOLUTION ESTABLISHING ANNUAL AR T GALLERY PERMIT FEES FOR THE CITY OF ENGLEWOOD Vote result s: MollOn earned Ayes Nays Absenl 1 O Public Hearing Items Council Members McCashn, Moore, Woodward, Jefferson, Wilson, Oakley None Council Member Penn No publlC hearing was scheduled before Council 11 Ord in ances, Resolution and Motions (a) Approval of Ordinances on Firs! Reading (IJ Direclor While presenled a recommendation from the Commun,ty Development Oepartmenl lo adopl a Bllf for an Ordinance amending Title 11-3-4 of the Englewood Municlna l Code pertaining lo encroachments Into the right-of-way He said at the Study SesslOn on June 23,. you duecled staff to bnng forward an ordinance that would allow for encroachments into the nght-of-way for the purpose of providing street furnilUre within the right-of-way. This grew out of a reques• and was presented to the City staff by members of the business community, who wanled to estab lish outdoor • .ng areas within the right-of-way Current regulations permit encroachments for fences, awnings, canor.:es and marquees through issuance of an encroachment pe rmit, out it doesn't specifically talk about stri>~t fumtture and , in particular, outdoor seating. So, what we have had to do is present to City Council an ord1na: , thal amends the current Code se<:tion And, lhat 1s Whal the proposed Council Bill before you tonight does It allOWs street furniture to be placl'd 1n the right• of-way under a revocable perrntt, which is essenllally a license agreemenl with either a tenant or an owner of that property It authorizes staff to approve that license agreement and tt atso authorizes the City Manager or hlS designee to promulgate rules and regulations for placement of that street furniture Pnor to the r09uiar meeting ronigh~ we dl$CUssed these rules and regulations at the Study Session, We will be final11,r.g !hose in the very near future With that, I will concluoe my presentation by saying that staff recommends Council approve this on fnt reading COUNCIL MEMBER WILSON MOV ED, AND COUNC IL MEMBER JEF~ERSON SECONDED , TO APPROVE AGENDA ITEM 11 (al (I)· COUNCIL BILL NO. 4-3. COUNCIL BILL NO 43, INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE AMENDING TITLE 11 , CHAPTER 3, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PERMITS FOR STREET FURNITURE IN THE PUBLIC RIGHT-OF - WAY Mayor Woodward asked 1f there was any dlscusslon Mayor Woodward correcled the 5" Whereas to read "Soulh BroadWily Bussness Improvement O1sklCI" That ,s their correct name Mayor Woodward asked 1f there were any other comment~ There wera none Vot e results: Mor,on carr,ed Ayes Nays Absent Coun<'JI Members McCashn, Moore, Woodward, Jefferson, Wilson . Oakley None Council Member Penn Eng lew oo d Ci ty Cou ncil July 21, 20 08 Page 8 Orrector Wh ile sa id nank you (11 ) Sen ior Planne r Graham presented a recommendat,on from th t Community Development Department to adopt a Bill for an Ordinance authonz1ng the South Platte Greenway Legacy Pro ject Partners Agreement He said I am here befo Ie you to ask the Counci l lo support an ord inance to ente r ,nto an Intergovernmenta l Agreement with the South Platte Wo rking Group partIcIpants that were awarded a Great Outdoo rs Colorado grant for enhancing the Platte River Corrido r A little bit of background Englewood has part 1c1pated ,n the South Platte Wor"mg Group since September of 2006 when Arapahoe County formed the Group comprised . basically , of the cI11es and towns and some mterest groups that share the Corrido r After , approximately , a year of working through common interests on that Group , we ln,liated an apphcat,on fN a Great Outdoors Colorado Grant lo help fund some of the projects that were submitted in June of 2007 . 1,, December of las t year , GOCO awarded 75% of the requested amount. which comes to 5 25 mI fhon dollars spread over a variety of projects , but primarily focused on acquisitions wi thin the Corridor . The p1ojects that Englewood submitted , some or them have already been completed . and they are important to the Group because they comprise a lot or the leverage or resources tha t the Gra nt depends on The Oxbo w Proiecl , the Oartn,oulh and Oxford bridges have already been funded and co llectively those represent mo re lhan , million dollars worth of funding for Open Space projects tha t helps to leverage the GOCO Gra nt In add•tion lo those , there are projects tha t wi ll be considered by Council in the Capital Project Budget later lhis fall This does nol commit you lo the Capi tal Project Budget , the Grant has the flexibility of understanding that you have to appropriate money on an annual basis for any project And so, what you are committing lo is lo continue coopera tion with the Group as they spend the next three years implementing projects in the Great Outdoors Crlorado Grant As those opp ortunities for funding come forward , Council will have the choice at that t,me to appropriate or not appropria te money for .. 1e selected projects . We are aski ng for Council"s support . We are among ma~y cities who have already endorsed the an reement and this will he lp the City achieve the 1mplemen1ation of the South Platte River Open Space Plan COUNCIL MEMBER OAKLEY MOVED , AND COUNC IL MEMBER WILSON SECONDED , TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO . 50. COU NCIL BILL NO . 50 INTRO DUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORDI NANCE AUTHORIZI NG AN INTERGOVERNME NTAL AGREEMENT REGARDING THE 2007 GRAN T OF GREAT OUTDOORS COLORADO BETW EE N TH E BOARD OF COUNTY CO MMISSIONERS OF THE COUNTY OF ARAPAHOE : SOUTH SUBU RBAN PARK AND RECREATION DISTRICT . THE CITY OF LITT LETON, GREENWOOD VILLAGE , CHE RRY Hl I.LS V IL LAGE , THE CITY OF SHERIDAN. THE CITY OF CENTEN NIAL; THE SOUTH METRO LA ND CONSERVANCY , THE SO UT H SUBURBAN PARKS FOUNDAT ION : THE COLORADO WATER CONSERVATION BOARD , THE URBAN DRAI NAGE AND t LOOD CONTRO L DI STRICT, THE TR UST FOR PUBLIC LAND , AND THE CITY OF ENGLEWOOD . COLORA DO ENTI TLED "SOUTH PLATTE GREENWAY LEGl'ICY PROJECT -PARTNERS AGREEMENT" Mayor Woodwa1d asked it there was any discussion Mayor Woodward said I Just want to reiterate that t11is ,s the information that I b1ought forward al the end of the Study Session last week and this agreement with the County is specifically subiec! lo an annual appropriation by the Panners and the ob hgallons of lh e Partners shall not const,tule the mu ltiple fiscal year direct or indrrecl debt or other f1nanc1al oblIgat Ion payable in any fiscal yea r beyond , beyond the fiscal year for wh ich funds are appropriated for the payment of current year expenditures So , as Mark mentioned there are a number of ,terns here that we h9ve already seen the benefit and are work ing on the benefit tha t ,s Oxbow and the two pedestnan brdges at Dartmouth and a• Oxford Mayor Woodward asked 1f lhtre were any other comments There were none Vot e re~ult s: Ayes Nays Abs erit Council Me mbers Mccaslin , Moore , Woodward , Jefferson , Wilson , Oak ley None Council Mem ber Penn • • • • • Englewood City Council July 21 , 2008 Page9 Mot,on earned Mayor Woodward said thank you Mar1< (b) Approval or Ordinances on Second Reading (1) Council BIii No 37, authorizing an amendmen t to Tille 16 or the Eng lewond Munrc,pal Code Unified Development Code Amendmenls per1a,n Ing to Multr-Unrt Development Standards was considered COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER OAKLEY SECONDED , TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 37, SERJES OF 2008. ORDINANCE NO 37. SERIES OF 2008 (COUNCIL BILL NO 37, INTRODUCED BY COUNCIL MEMBER McCASLIN) AN ORDINANCE AMENDIN G TITLE 16, CHAPTERS 2 , 3, 5, 6, 8 . 9 AND 11, OF THE UNIFIED DEVELOPMENT CODE OF 1 HE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE MINIMUM LOT WIDTH FOR TWO OR MORE ATTACHED UNITS ON A SINGL E PROPERTY AT TWENTY-FIVE FEET (25') PER UNIT. Mayor Woodward asked if there was any discussion There was none. Vote results : Motloo camed Ayes· Nays: Absent Council Members McCaslin, Moore, Woodward. Jefferson. Wilson. Oalcley None Council Member Penn I•) Mayo, Woodward sard Counal B,u No 44. appr0V1ng thP purchase and sate of two ColOt ~Jo Depar1ment of T ransportat10n surplus l)fopertres localed along South Santa Fe Dnve by the C,ty of EngleWOod for a proposed redevelopment, was pulled by staff. so rt rs tabled for toorght COUNCIL BILL NO. 44 WAS PULLED . (c) Resolutions and Motions (i) Senior Planner Graham presented a recommendation from the Community Development Depar1menl to adopt a resolutloo authorizing assignment of Englewood's 2008 Pr,vole Activrty Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs He said the llem belore you Is an annual assignment and allocatron for Pnvate Acbvrty Bond Cap The Private Acbv11y Bond Cap has been asslgnetl lo the Colorado Housing Finance Authooty since 2000 They. In tum, noa1 bonds. generate dollars for mor1gages and serve Englewood chents They help PfOV1de information back lo us and they are PfOV1d1ng several tones the amount of mortgage assrstance that we are PfOVldrng in the Bond Cap Thal Inlorma1JOn was pmv,ded to Counctl al a Study SesSIOft earlier !hos month So, the request is 10 autt,,,r,ze the ass19nmen1 for the 2008 Bond Cap rn the amount of more than 1 3 million dollars. all of the Bond Cap lo CHFA for home ownership l)fograrns COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER Mc CASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO . 68, SERIES OF 2008. • RESOLUTI ON NO. 68, SERIES OF 2008 A RESOLUTION AUTHORI ZING ASSIGt.MENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BO ND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY. COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT Englewood City Council July 21, 2008 Page 10 Mayor Woodward asked if there was any doscuss,on Mayor Woodward said agam I 1ust wanl to mentocn thal ast Wednesday I attended a Colorado Mcmc1pal League Workshop on Pnvale Acuv,Iy Bonds and ,n add11Jon to Alan's onformat,on that he provided us lasl week atter lhe meebng was over. t was app(Oached by a couple people one was the Executove Directc.r of the Colorado Housong and Finance Authority that were full of cornmeots and compl,ments about Janet Grwnmett. In your office and lhc JQb lhal she does So . I Just wanl to pass IhaI on to you, Gary and Alan th 11 she's got a name on the State level of really know,ng how to get things done Mayor Woodward said If there are no other comments please vote Vole results: Motion earned Ayes Nays Absent Council Members Mccasl in, Moore, Woodward. Jefferson . Wdson. Oakle) None Council Merr,twr Penn (ii) Director White presented a recommendaI10n trom the Community Development Depanment to approve, by mo tion, a contract wolh Walker Parking Corsultants to prepare a Parking Management Plan He said 1h1s Is a professional services ag reement with Walker Parking Consultants. basically to provide us with two things Right now In lhe Unified Oeveloomer,t Code we have some parking standards that are very d1lf1C1Jtt to work with In urban Infill s1Iuahons. They were formu lated many years ago and work well ln a suburban situation. but we don't have a lot of those sttuabons on the City nght now. so what we want this consultant to do Is provide us some altemahves and recommendations on how we can modify our parking regulatrons. so that we can better aocommodate onfill development The second part of their task rs to provide a downtown parking management study for us Lookin~ into the future. we foresee lncteased development In the downtown area, whicl> wiU increase the demand to, parking and we need lo be prepared in advance of that development happenrng how we man3ge public ?arking in the downtown area So. building upon some previous wor1t they have oone fo< us .. we already have projections of the dema nd for parking , but how we manage that demand and whether we go to structured parklllQ, ij there is a parking authooty or some other enbty that provides this parking we are lool<rng lo them to provide us a ra nge of strategies for addresslrig these issues 1n the future We did send the request 101' propo. 11 out and we recerved two answers Walker Par1<1ng Consultants was the low bidder on the proiecl and we beheve that t~ey can provide the services that we are looking for, In the am, .. •nl of $27,000.00 We do have lhat amount buGgeted In the Profess,onal Servoces budget of Communrty De-.opmenl and so no addot1on al .ipproprlat,on ,s being requested or will be needed to complete this study He said at this tome I wdl answer any quest,on you may have CouncU Member Jefferson said I have one quick quesbon You were saying there were two purposes ... one was to build upon the 2005 downtown parking study, correct. and the other was to do what now exactly? Direc:or White said to look at our parkrng standards and Mr Jefferson said what does that mean. our parking standards? Mr While said when a business comes rn dependrng upon Nhat sq uare footage lhey ltave and the number of employees. we go lo a chart lhal says, you must provide an X number of spaces. We want to look at throse and see 11 there are ~ltematoves lo the standards we have now Counc,I Membe, Jefferson said was there anything lhat son of preempted lhis was there a lhought lhat those were loo reslrict,ve for the current business enwonment 0< 7 Mr Whrte said >'1l have several different regulatrons in the Code that are difficult for busi nesses, in an i~lrll sotualion, to fully comply woth One IS parking landscap,ng ,s another one . signage Is another one and we are addressrng those as we car, set to them We are staning on landscapi ng, as we speak So !here are a number of development standards that we have that we want to take a look at parking has nsen to the top of our 11st Mayo, Woodward said I think also. m some cases. a• we have discussed In prev,nus years. even the size of spaces. the actual parkrng space, IS outdated The speclllcatrons were written at a drfferent bme ,n history wnen cars were much larger than Ihey are today • • • • • • Englewood City Council July 21 , 2008 Page 11 Council Member Jefferso n saod how long ago were the standards .. our current standards basec upon? How long ago dod we rev iew that? Director Whole saod I am not exactly sure of the history of review but I t,eheve that some of our current standards :,re carryovers from when we first adopted zoning and modoloed them dear bad< on the 50 s and so·s , so we are still carrying some of those requorements today Mayor Woodward asked if there were any more questions for Alan at thos t,me There were none COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE AGENDA ITEM 1 1 (c) (ii)· A CONTRACT WITH WALKER PARKING CONSULTANTS TO PREPARE A PARKING MAN AGEMENT PLAN. Mayor Woodward asked If there was any further discussion Coone.I Member Jefferson •.a1<1 t ,now that the downtown parking situation has been something that has been on ACE's agenda for awhUe I'm rot crazy about hlnng a consultant to do these kinds ol things I don't know If we see a decision that we need to ,l1ake, let's just make them. I don't know .. it ,s Just my thought. I know AC E has expressed their Interest in not going the ccnsullant route, but Is well to allow them help us woth some Input on declSions like this I guess $27,000 00 ,sn'I a Ion, but I Just wanted to say I'm not crazy about having ccnsultants make decisions for us ... but, maybe thos os mo<e complicated or neqwes mo<e than I rea~ze. as far as our standards. Council Member Oakley said I guess I kind ol had a quesbon along those hnes too, but since Joe brought 11 up, ,t seems a bttle simpler than that. but n m,ght not be Council Member WIison said Is It something that we need immediately or Is It just on the list'/ Dorector White said I think we are deahng wtth a situabon now along properties on Broadway for example You ,,,3rd a bit abOut that last week at the Study Sess10n with the car dealers and accommodabng parking on tht r i)(operty Well, we've go standards that are on the books now lhal we are trying to apply and It is not only f, r 111ose types of uses, but office uses and other types of uses Council Member Jefferson said do we see the solutoon or are we asking I mean, do we know what our choices are and are we lrying lo get them to pick one for us or don't we even know where to go from here or are we tryir~ lo get them lo give us some options ? Director White said we want them to give us some options and how to deal wrth lowenng our standards r,r a shared parking agreemenl The two pieces are kind of ,nleiwoven You know, If we lower our standards, we may need to be talki'lg about more types of public, Of other types of arrangements, to supply parking , So, we need he lp In fig .ring out what those options may be These guys are experts In going to cIhes an 1 figuring out strategies for prov,dIn9 parking In downtown and urban areas and that is why we would ~lte to hire them to come on board They won't be making deaSIOfls for us, they will be providing a range of ophons and reccmmendahons for us lo consider Part or their scope ,s also to present these Ideas 10 Urban Renewal an d to City Counci l, so l hese are not going to be done In a vacuum Mr. jefferson saod I'm sorry who and Counc,'? Mr Whtte said the t;rban Renewal Authority Mayor Woodward said I would JUSl like to mention too :hat, coming from the commercial real es1ate • ,orid and specific office and retail leasing. that the sta ndards, for example. In central business district of Denver, are totaay different than the standards in mid-town. 8 blocks away, whocll are totally different than Cherry Creek, South Co:ora<lo Boulevard and the uenver T ect, Center And when you get into places 6ke 0111e< suburb-a get down In to Inverness, Meridian, Highlands Ranch, something loke that. thongs are really different there 100 And I am aware of buildings In th e central business district of Denver .. largu bu ild ings buildings larger than any office building we have in Englewood. that don't have one parking place not one. So. they have to rely completely on public parking Those types ,,f buildings have disadvantages. ,n my op,noon, and on my experience as a broker Bui, I think one of the things that this does looking onto the future .. Is tt not only addresses the downtown area , It also addresses the Medical Center Small Area Pla n that Community Development has been working on for a ccuple of years now We hav, ·~rtaIn parking 31 the south end of Englewood Up on your area up ,n lhe north end. there 1s very limited ,,Jbllc parking fo. I think those are things thal do need lo really be looked at and when It gets into standa rds , I think It Is beyond Im guessing that I probably know as much about parking as anybody ~t the lable here and ,t ls beyond me Council Member Jefferson saod okay Englewood City Council July 21, 2008 Page 12 Council Member Wilson said I have a quest,on though Old you say something ,n reference to the people from the car lots coming lasl week? Director White said only In their expenence In dealing with our ex,sbng regulations It Is drtficutt for them, on the smaller car lots , to meet the parking regulations as they are currently written and so that JS Jus1 an example of how It as tough to deal with businesses coming m Ms Wilson sa,d so are you saying Ihat they want more cars on a lot? Direc1or White said that was a l>ad example Lei's say a restaurant It Is d1ff1CUlt for a restaurant ,n certain sI1uatIons. to provide all the parlmg that IS required under our parking regulations Are there some alternalJVes to thal? Is there a different standard we should be measuring the pnrlung demand by? Th~t Is the first task that we are asking thts consultanl to tadlle Ms Wilson said so woulG that be like delerm,n,ng ,•,hether we needed a structure, aer se? Mr White said that ts really bed 11110 the second piece of what we want them to do fOf us Ms Wilson ,old okay, thank you Mayo· Woodward said okay, 11 there ,s no further d1scuss1on , plea$e vote Vote results: Motion earned Ayes Nays Absent Director While said thank you 12 General Diacusaion (a} Mayf\ 's Choice Council Members McCashn. Moore , Woodward Jefferson W~son. Oakley None Council Member Penn (1) Mayor Woodward said I Just wanted to menbon and bnng up our Sounds of Summer Concert Senes ~at's out on the piazza, here every Tnur '\day night at 6· 30 pm July 2•" is the Golden Eagle Concer1 Band "•JCh Is sponSOfed by Humana On Ju ly 31st ts Dakota Blonde. which Is sponsored by the Englewood Youli' Council On August 7" is Funk1phino, sponSOfed by Frame de An and the T· .. ,~ Dragon Restaurant ,,., Mayor Woodward :,;,id i would ~ke to bnng fOIW3rd this procl amation that I ha,t brought up at the Study Sess10n last week , This ,s;; ,,roclamatlon that the Metro Mayors Caucus is domg 37 en.es, A proclamation or a resolubon and there are different Items I ~,d meet with Sue Eaton, our Director of Human Resources and loo ked at some of the 11ems here We came up with some good things that we are currently do,ng and some of the things that we could implement very easily So, ' guess I NOU!d like to move 1h15 proclamation forward, so .hat I can sign off on th,s and on behalf of suppor1Ing Metro Mayors Caucus for the Metro area {Clerk's note This was listed on the Agenda as ,tam 12 (a} (1) J MAYOR WOODWARD MOVED , AN D COUNCIL MEMBER MOORE SECONDED, TO APPROVE A PROCLAMATION PROMOTING HEAL TH AND WELLNESS AMONG METRO DENVER CITIES AND COUNTIES. Mayor Woodward ask~ d there was any other ~,scuss,on There was none Vote ruults: Motion earned Ay,;,,, Nays Absent Councd Members Mccaslin, Moo e, Woodward , Jellerson. Wilson, Oakley None Counci l Member Penn Mayor Woodward said okay, !hank you (bl Co,nal Members· Choice • • • • • • Englewood City Council July 21 , 2008 Page 13 (1) Council Member McCashn raid last week we talked aboul protocol a hltle bit I'd uke some cianfocabon on prolocol s;,ecifically wrth Counctl memberS speaking with City employees on issues thal may affect issues lhal we have lo vote on I guess , Dan. lhIs Is addressed lo you , how we handle lhat City Atlomey Brotzman said on motions. at lh1s poinl or the meeting. lhey are basically admw,rstrallve mobOn f or items lhal have been discussed at a Sludy Session or have malenals thal have come 10 you before. Is lhal your quest1011? Council Member McCaslln said no II a City employee calls a City Council member arid discusses a matter concemw,g his future, his JOb or WOfk perfOfmanoe or ~omething . where do we go w1lh thal? City Attomey Brotzman said the answer Is you should refer those back to the manager because the Charter, on )Ob issues, those are admmistTalJVe issues lhat are solely ur!der the discretion ol the C,ty Manager The Charter actu ally sets forth that Council will nol interfere tn those Issues ,Counc il Member McCashn said but If you have lo clarify questions or there's doubt or !here's something lhat you want to clear up, Is that go,ng beyond what our dubes are as Council person? Engaging with a Ctty employee? City Attorney Brotzman said you are going to have conversations with employees There's just no doubt about thaL But once you get to hlnng, f,nng type of Issues lhal are at that level.. tt you are talking about discfptmary matters. the answer Is those are more appropnately discussed with the manager and nol the er.,ployee Mayor WOOdward said so I think whal you are saying is Bob, maybe to that employee, you're saying that that .s nol an issue you can deal with They need to be dealing with the~ chain of command or the ir supeMSOr, going up to the top, which would be Gary Or rt tt was lhe legal department tt would be Dan . Council Member Mccaslin said that's what I needed Thanks (ii) Council Member Moore said I Just wanted to thank staff lor their comments and thoughts regarding the posslbiuty of an RTD parking structure The memo that was pro,,ided In our packet was ~ry thought provoking We s!11I have quite a challenge In front of us to fig~re out what lo do, but again, I asked for staffs' opinions and it was a very well laid oul thoughttul, uselul pie<:e to me I Just wanted to make sure I noted that Thank you (Iii) Council Member Oakley said I wasn't going to say anything, but defiberating on Bob's question, l'Ve read the Ch arter also, so I know exactly what ii says There Is a time. I think, when a Council person may have a concern about something that may be sett,ng a pattern Would a be appropnate for hm to talk to the City Manager about It? C,ty Attorney Brotzman said absolutely Council Member Oakley said okay, thank you (iv) Council Member Jefferson. 1 He said I iust wanted lo thank Tom for bringing forth the awards for so me oft'•~ officers and I wanted to thank the officers for their service 2. He said I want to put In a Council request, perhaps through Community Development. I did receive a call from a lady who was being displaced, because of the Value Place development Unfortunately, It sounds like a lot of folks over there are In a kind of a tough situation They are In a mon th to month lease situation and, obv10usly, that property has been sold and Is going to be redeveloped, but It leaves some of these folks tn a ijttJe bit of a precanous siluauon because they own their mobffe home but a lot of these mobile hOmes are older and apparenlly none of these other ,,arks want 10 accept their hOme Into their part< A lot of these folks are lower Income folks, loa<s on fixed ,ncornes, a lot of older folks and disabled folks And so I wanted 10 see 1f maybe Community DeVP' , i t might look into 1t, and Just, from ~ perspective or.. we're m~naglng development In our City and we wan "' make sure take a look al who's being (1isptaced and what the o,>tions are, potentially, to tum some of these folks on to publ c or pnvale sector aid or guidance anything ... an d try to get an Idea or how big this problem Is The lady reported there were about 16 folks In lhe same situ ation at the one pat1t at Value Place, so It sounded falliy s,gnlfoca1I t don1 know K that is exactly true , but I wonder 1f Community Development would be willing lo look Into that? 13 City Manager's Report (a) C,ty Manager Sears said t would like tu InvIte the Council members 10 tne picnic This Is a pIcnIc on Fnday An employee con1mI1tee was formed to foeus on Impro• mg moral In l~e organizabon and they Engle wood Cily Council July 21 , 2008 Page 14 came up w,Ih a plan We are getting outside funding to make that happen, because II JUSI wasn I budgeted wrth Ctly lunds The managers and department d1rect0<s are doing the cooking so you can choose to either eal lhal food or not Your choice There was laughter Again that w,11 be this Friday (b) C1Iy Manager Sears said there was a leller In your packel from Ted Vas1las I met with him last week He brought 111n It was a very well thought out letter, well pul logethe r and Ive worked with the Comm un,1y Deve lopment Department. Je, rell and Rick Kahm Please lake a look at It Darren will be kind of coord1nahng our efforts on that We've done a response back but these are all I1ems that I think we can mul11ally won< together on and I was realty pleased to see that they l ook the 1mtia11ve to outline what their concerns are and we will keep Council posted as wo go ahead w,th that (c) City Manager Sears said t aprreaate Council Member Moore's comment I know that Mike Flaherty worked very hard with slaff to put together .,e attemattves on the parking struciure I know that we wil be bnng1ng that issue t>aci< to Councol (d ) Crty Manager Sears said Mike Flaherty also has been working really hard He has the brochures to hand out regarding the vIsI1 from Fox News Networ1< this Thursday morning ll's nice that they've chosen Englewood as the s1le lo come lo T~ey'II be here at 4 in the momins, on Thursday morning, f0< those interested In being here. They'll be al our Golf Course and al the City Center They have a pretty tight schedu le, bul Mike has been coord,naUng the efforts to put this together Wilh ou r bus lne sse~ They've been a little Inflexible with their own schedule, but I think you'll enioy it Mike, was t,,e•-e anything you wanted to add about that ? Deputy City Manager Flaherty said no I don't thin k so, other than we ha,-e, as I think Gary mentioned, a four • hour programming time siol dunng their regular m0<nlng programs that th~y cut away lo, they call It "Fox on • Your Block" segments, three or four bmes per hOur and they have three to five minutes each for lhose segments They've asked us lo gtve them different examples of ttungs thi,t make Englewood unique We gave them probably 20 d1ffe,ent Ideas and they picked up on maybe 1 O of those I think they've asked Mayor Woodward to speak as welt, dunng the 7 SO a m segment. Sc. tune m a'ld watdl They are landing a helleopler somewhere at the Golf Course I haven't r,gured that one out y!t 14 City Attorney•s Report (a) City Attorney Brotzman said with regard to Mr Casebolt's presentation on Sculh ugden Street, that matter has been turned over to the Insurance pool, so the adjuster should be calling Mr, Curnow and Mr Casebolt Presentl y, I don 't think there's a schedule for the administrative adjustrr.ent that's been proposed . That has not gone to Planning and Zo ning yet, so that's going l o take some lime, to get through Pla nning and Zoning and back to Council 1 s_ . ___ 7urnment M~OODWARD _MOVED Tr.:JOURN The meeting adJOurned al 8 4 7 pm ~d.~ Cltyerk • PUBLIC CO MMEN T ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT August 4, 2008 PLEAS E LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PR INT NAME ADDRESS .--..:"'"f'-'U...U.,,.,...,~~-»<'1/'--.....:,Cc....L...~ ........... -"""-" ........ --~+'--..,__,,'-"'~"' u. . ~ • \."-'-'' "-----~....U...,.,...~~.,_,__..__:~+,L.Uu:ul..Jt:l,!,..~pi ·~ ~-1&f:f/,u.1 0..bJ~ ~•H16 s S&a,,.,_, J f OJ ,k,, .SI ( uK-J \.'\t.'nlng coun\'.11, I am "'-·fore ~nu \\tth J .,,.'°"'"'i:rn Jbl,ut an'"'"''"'' lhJt \\;t, r.u~J Junn~ 1hc lJ,l c-.1u1K1l ~ ...... 1011 nn Jul) .?I 1111, 1,..,lo.· \,a, 1nc ... t..·nt,:d Junn~ 1hi..· ~chc:duh:d puhhc cunmu:nt rcgurdmg ~ prnp,,rt) JI 2'J I 1J ~ 0~1kn ~1 I ""ulJ l,J.c 111 danl) that hi no ni.:an, am I prc"1llml! on an)one·, bchJlf \I, Jc-~1,1nn to Cl'l1111h.'nl tlu, C\t..'111ng 1, oul of Jltl.1/l'lllcnt th.it,, .... a, :.i c11y arc 1rt..•~1tmg propl·rty J1.:\l·lo1ll..'r, ml..:rc\h.·J in 1mprn, m,g thc agm1t h,1u~inl! ,tock \\ 1thm thb Cit)', m thh manner. amJ thJt ttk: communtt~ ,,a .. cntm:I) rt..'ffkl\ i:d from lhl· <ll't..'hhm 11\!1kmg prrn.'t..'" r..:gard 1ng llu~ profll,.'rl}', Ba :-~cJ upon mfom1:111or uh1J111cJ from 1lw lluorJ uf.\dJu,un.:ni-anJ .\pl'<'ah mmute, from Moy I~"' (\\here this'"" prc,,ousl) d,,,.,u,scJI 11 nppca1, 1ha1 no lbnnnl or lc~.,I pr,,c,'"''" \\Crc folhl\\cd 1 he commun11y dc,clopmcni dcp;inn11:111 gramcu J pcm11,,mn ,1hcrc ihc) dtd ,101 h~~c th., nl!hl lu j"h,eh could lei;:oll) alf1.-c1 thc.·1r pn:,mus d~1s1on~ mad~). t.lcc,,10ns n:gordmg 1h1s 1ssu\! \\Cn: made dunng:, council study ,cs-<11m (\\h1ch 1> a rn1la11un of the Oi'<'O meeting, la"). onJ there 1< no process m plo.-c for the O\\ner, hkc 1h1s to appeal the MUC> lo The only rc,olu11on that wunctl ha, pro, ,ded 1> 10 defer this to the court S)'slcm to cost the cit) mun: 1a, dollars. rite Cit) ell-1rl) made J mi,takc anJ I\C agom arc chasmg olT another de,cloper that \le Jc,J"TJll'!) need m 1h1; CII)'· ~Ir Mayor, you ns • profrss,onnl m\'Oll'cd m rca l-cs1:11c should agree that\\ uh our agmg housmg ,tock in 1h1s cuy lhc u<1 thmg ,., need !o .i., ""'111• olT 1ntcrestc:d propcny dc1clopi.-r,,. '"•concerned c1t11cn I \\OulJ hke 10 re-commend 1ha1 be fut , ,1," enters the court system. there 1i some cons1dcra1mn 10 rcsoll'c thi, 1ssuc and restore some lc,d of cred1bd1t) 10 the city. Council -plco,c set a<ide an> pcr,,onal ,·1c\\, )OU may have towards myself. and consider the repercussions of1gnonn11 th1> s11uo11on. I \\OUld hke 10 recommend !hat council holds a l'ubhc hconng reb'3rd,ng this propcny. and h:J<cd on mformouon fiom the public make a dcm •."'grant or no t to grant u variance on the lot" 1d1h II \\oulJ onl) make mcc lo avoid 1h1s s,tu:11,un m 1),. lumre and rcstnrc the ob1h1y to nppi.-al 1;,u,-.. lil.c lhh bac~ 10 the Boan! of t\dJU>lmcnls and t\1>pcals "hc·rc i;,ucs hkc 1111> ,hould be confronted t\gam. plca>e con>1der plac,n~ Jec,,ion, hl.e this back mlo 1hc pubhc oreno. and ,01c for• pubhc h,-;inng. and \Ille 10 rc,torc 1h.· proce,~ 10 appeal pt••1>ert) front•~•· ,,sue," 11h the council •Pll<ltnlcd Uoard of t\dju,1mcn1s unJ APP<'""· Thanl. You. • • From : CJ CUI.UNAti !J!,a,lto;qculhnan "msn.coml Sent: Saturday, July 05, 2008 I 1:32 AH To : dsheoherd irenolewoodhousmg.org Subject: letter d Res,gnabon July 5.100 Da" n Shep3rd. Exccuth e Direcw Englewood H=ing Aurll(iri1~ 3-160 S. Shcnnan St. R103 Englewood co om II 1s "1th ewemc regret 1hat I submit m) rcsignmion as Alternate for the Englewood Housing 1\ulliority Board. ~l:my personal :md profcssiooal pressures ha,c overcome my resourc.:s, and I need more time to honor my other commumcnts. I am apprec,au,c of llte e.~penence and suppon of your office. !he 803rd. and !he Ct!) of Engle\lood . I ha,c truly appre..,ated the time you have m,·cstcd m me to aid ir. the understanding of my rl'le and EHA opcr111ion.s. The obscr.n11on of :md 1mohcmen1 \\ith 1hc Board has been very cduca tionul. I suppon the daily challenge ol rrovidini; housir.g for OOl l>nl} our ;cnior ci1t1cns and fam1hcs but also for 1hose \lllh physical and mental diiJbthucs. I welcome Ms. Ha)11CS a.< an e,pcn communi1y member as BoMd Comm1s,1oncr and am sure of her professioo.il 11311ic1p:11i,,n funhcnng the m1s,1on and , i,IOII of the Board and EHA \\'hen ume 3lltm ,. I '"" ct'ltltact the s1atT for selccwd hcahhcarc prc'S<.it1auun, to EHA rcsnlcms Thank you again for 1hc 1>p(l0num1~. CJ Cullman Rl\ Sa • • In \l 111• IRHY ORl>INA,'(CE ~r, SERIES OF :oo, COl.,!I.CIL llll L '-0 !! I\TIODUCEI) BY U>L '-UL \II \18ER ~I\JORE A.'-ORDl'<.-1..,,:::_-1: • .\.\II '<1>1'-G Till F I! UL.\PTER:?. SECTION 4. SURSLCTIO:,I 13. OF TI-IE EM.ii f\\()UD MlINK 11',\I l'Olll WOO. ENTITI .EO "PRl\'Al E SL\\'1.1'.S. C'O!-/NECTIO'('i \'II) RI P .\IRS" \\l lEREAS. \\hc,na h.,usc isckmohshcd.. "nh pl3ll> "' n.-buold 3 IIC\\ housc. nl3113@cmcm of s1.-~cr M!l'\'1ccs has been an b!!-Ue; and \\'I I EREAS. sc" er sen 1cc h nes can 1'c lost or d:tmng<d Junng a ckmoln,..n ,. 1•1'001 a cnr .-c1 cut• oIT. and WHEREAS. t ht I'"'"'~ of 1h1s Or,hnance 11111 n,qmrc an ms~~uon of SC\\cr SC'l\1« Imes al dcmohuon 10 pre\'cnl such prot lcms. aod WHEREAS, the Engl<"ood Water anJ Sc,...-Board m:ommcndal appro\':il of 1tu, amcndmcnt 01 ,1~ June 10. !008 mcc11n~; NOW, 11lEREFORE. BE IT ORDAINED 13Y THE CITY COUNC'IL OF THE CITY OF ENGLEWOOD. COLORADO . .\S FOLLO\\'S ~. Inc Cit~ Council of the City of Eni:IN ood. C<>lorado hcrcb) nu1h.,n1l-s anlCtlJmii Tnlc 12. Chapter !. Sc~uon 4. Subsccuun B. of1hc Englc"ood Muruc,pal C,,Jc !000 c,1111lcJ "Pri\'atc Se,.m. Connec11oos and Rcp:un.-tn reaJ ti follnw,. l l-l-4: Prrratt M•rtrs. Connections and Rrpairs. 8-f}JJ f ,., Jh &-,,.., Old ?A' ate se'"' Ala) h• ..sell m e01111oa11ea • nk 1101 hY1ld1"gs ~nl) hoa tb•) er, felll!d 1a e1oe1 al l fit4YtA!IBeAl5 """'" 1111,,L;leli et 1he ml, ef 1ke y •Ft 01111,1 1,e. eld pA''IIIO ••' @f!i 0l1all ho pl•gged 111lte Ys•r'• •~P•M• Ypen d1seeRIIA..,11e• ofs•p•o•• 'J:l,o rlwg 1ft lhe 0 IJ rA .. ,. 5'!' ... """' ho IP r.-i,J 1111d •rffll ·•d a11d 9 r lau .., ••" Rad mspa~11•• r.,, • ,II he eh•11•d b~ 1h, C'II)', 8. O/d1?nJJJJ...kJJmJ'J><>JJ d_s1l¼'.l111wu\Lll!U.\isl!W., <U"UC1urc 1•ul"Jll=U>GGSI lin~~:,;,™ ill:'™' as iWD cJu uJs pr <"ll'Wc ~,q 'tf'~u>!Bl.l\ill IX.•l~Ull£llb' lb.1:.-'LIY ill.11kllJ2w.llii1JLJhulm~ 'e!l:1>£Jll~ffl ~~tb-ll'l!fl''(QJ>Jll(.Jlwnc,: ~cur~n1tcl~•~ "~ dt'>irc.10 ~cu~· ~~ tit~ tl \11C111:-ch~ Ql,1) sq;k a l'WiJllt~ ('Olll ~l!:1.anJ..Sc\,,;r B<!aro . ~ C~ISlru.J!l l~.I~ (,;.,11Jlll.l>)'..Ul1h11~JlPlffll 1n,iis~uaund tt>ll!IIU• 'l l'1u11icul91.ao~~~ ~~~ IIJ~.l1m.lSb:..<;)J;,J!jWl.!JJe.swm11WM!Jl,.~.$S!.filllli!$\\C[ SC)1t'(JUR' ~dPJl,;d pm·,11e se»e" ~Ube; pluggql •5 tbs <e:)\cr.mam anJ allhcwu CXR®C \!l!(IJl dis~11<'\IJW.1Um.li'<~ oly g ohhc..ol!l.J,n1111e •s» Gt 11111St bs insDttlCd lUld r-opmys:d bv \lK CH,· A Plan mu,,. and 1mntt\K'A fn: »ill b£ clµmqihY ~ lillWJ~l!llks..lll' .\l'YI..CjlllllWlt?n5Jll~[w~J~.IUl'f'l\'le<l l>l l'11lille) ~nn!ffllJ11.<Jl(l;lm J(a11..il>1nJ,.'ll<\! l('\'cpm.wc ,UK'l.Jlluu e<J ~11ht, 9b i 111,,. 111;1h111 ~,IJ)~. ~,c l 'H}' llltl)-_J)Cl'LOnll 1!J_,· d1;cv1u1c,11vn and 111J) chari:c IIIIIC ,mJ nm1,T1J I~ aJ1a~1 th< rr{'J'<n)..J:.!lhg: 1h101i:ltJhc 11c\l rc~'Ulnr 111mrtcrl) "n1cr l>JII J:lr hi hen n< pro,tJcdJnJ:•JD·2 c\lC., SecljM : Sal\1,· Claus,, I lie, 11) Co~n.:11 ht.>reb) fiokb. d,1nmnc.. nnJ declares thnt 1hi, I Jodmnncc ,s rmmulgmet .lcr 1h.: ~cncml pohcc p<>\\er <lfthc C1t) of rn~lclH~id. 1141t 11 ,s p11unulg.,1ctl for the ~Ith. s.31,1). anJ \\cl fare <'f the rub he. an,1 that thos Ord111ance " necessary fo r 1hc prescl\ auon of heahh and safely and for 1he pro1ec1,on ol' pubhc <·011,c,uc,,ce and "el fore. The Col)' Counc,I funhcr dcmmmcs 1hat lhc Ordonancc bean. a rnuonal rclatuin 11:, 1hc proper lq!o,lm,·,c ,,bjec1sourl111,, b< obta111d. Section ' S.·,crah1l1w, If an) dau,,c. ><'ntcncc. (41rngn,ph. ,,r ran of 1l11; Ordonance or the apphcat,on 1hcreof 10 any person<>· mcum,1m>ec-s shall fo; an) reason be adjudged by a coun of compctcnlJunsd1c11on in,'ahd. such ;uJ~·ment shall 1101 affect. 1mpa1r or 11wnhdmc lhc remnmdcr or 11,is Ord inance or iu npplicatio11 to other persons or c1reun1>1ances Seqmn 4 ln£l"osistent Ordinance<. All other Ordinances or ronoons thereof inconsis1cn1 or con!l,ctmg wnh tb~ Ord inance or any pon,on hereof nre hcreh)' repcaiec to lhe cx1cn1 of ;uch 111cons1s1cney or c. ,l,ct. Secuon ~. Ef[,e1 Qf rcpc.11 or moo1ficauo11. The repea l or modification of any pro,;sion of 1hc Code or the City of Engle"ood by tlus O1 d inanc.c shall not release. extinguish. niter. modify. or change m "hole or 1n pnn an, pennhy. forfcnurc, or linbili1y. either ci,•1, 01 crnninal. which shall have been 111.:urrcd under ,uch pr0\1S1on. and ea.:h pfO\'ISI0n shall be treated and held as sull remaining 111 force for 1hc ruriJOscs, fsus1aininr •n) nnd all proper ac11011s. suits. proc«<!m~. and pro><CUtl"1"' for the enforcement 01 the penally. forfe i1urc. or liab1l11y. ti> well ns for the purpose of sust.uning ony Judgment. de,:r~. <>r order "hich can ur 1141) I~ rendered. entered. or mnJc m such ac11ons, suns. pr,icccdings. or prosccui:ons. Sec11on 6. l'~n•hi.. l11c Pcn11 l1y l'ro\'i,ion or Scc1ion 1-1-1 EMC ,hall appl) 10 each and e,cry violntion ot thu Ordinance. lntroducc-d, rc.d in full. and passed en lirs1 reading 011 1hc 1 Isl day of July.100P Published a, n Bill foran Ordmancc 111 •he Ci1y's ollic,nl OC\\Spnpcron 1he 1,~ day of Jul y, 1008. Published as o 0111 for an Ordinance on 1h,· C'uy·s 011ic1al \\cbsue l'q?mmng on lhc :3rd da) ol July. 200.~ l,u 1h1ny tJOl days. Read by tnle and pa,«•' 111 rinul reading 0111he ~th day 11f Au,'U,t, 21KI~ • • Puhhshed by 1111< m 1hc CII) 0 \ oflictol nc"~Jl:lper a, Ordinance,., _. Sen"' nf ~(K)R. nn the 8th da) of Augu,1. ~008 James K. W<,odward. Moyor ATTEST : Loucnshia A. Ellis. Cny Clerk I. Loucrishia A. EIits. C11y Clerk of 1hc Cil)' of Enl)lcwood. Colorado. hereby certify 1hn1 1he obo,c and foregoing is a lruc copy nf1hc Ordmancc passed on final reading and published by 111lc as Ordinance No._. ~cncs of 1008. Loucrishia A. Ellis • • ORDINANCE NO. SFRIES OF 100q BY ,l' 11 IORII-Y COL'NCIL BILL 11.0. ~5 1!1-'TRODUCl:D OY COl:NCll \11:\IBER \IOORE AN ORDINANCE ENABLr.,.IG TIIE CIW ~IAN,\GfR OR HIS DESIGI\H. TO RD.'£\\' A'l> P\ Y THE CllYS PORTION FOR AN ll',7 LRGO\'ERN~IEl>,'T AL ;\GREEM ENT E!l.'TITLED --THE SOL'TI I PL.\ n E \\'ATER RELATED ACTIVITIES PROGRA.\I. lt-C' -(SPWRAPI FOR THREE OJ\'£. YEAR INCREMENTS. WHEREAS. in 19'17 lite i;o,-.:mors of the states of ColC\rado. Nebraska and W)'Ominj! Stl!f'led an 3b'TCffllcnt w11h the Depanmcnt of !me-nor to 1rnpr0\e the habnat of endan11trc<I species along lite Ploue R1,'Cr and mbutancs: "htch agreement prollllsed pantcip,mon bi the usm of the Plane Rl\cr m each Slate and the Fedcnl ~m:mmcn1. and IV HE REAS. one aspect of tlus agreemcnt ts• pmgr.,m cnlled --South Plane Water Related Actl\1Ues P~ Inc.-(SPWRAP). a nonpmfit pfllgJllm "hich "'as set up for the purpose of coordinat111g c!Tons to benefit the endangered species along the Platte Rl\·cr, and WHEREAS. in exchange for pante1pa1ion in this progr.un. water projects b)' the water users ",ll require rclathcly lmle c!Ton for funhcr compliance and" 111 ha,c some predictability in rdouon to <Ol!lpli:mcc "uh 1he --Endangered Species Act": and WHEREAS. each water user's ponion 1s dctcnmned by the amount of water used in lhc: past fhe years as that c!Tccts the "Endangered Species Acf': and \\'HEREAS. the State's pan1c1pa11on in the p~ comes "ith an 3Mual asses~mcnt for water users which is adjusted annually depending M the amaunt af ... ,er uso:I '"' the pr~ioos fi\·c years: and WHEREAS. the Dq,artmcn1 of the lNmN •• fundinti h.llf of the rmJlram. an< thmulm the c,,rps ofEngmccn;. issues -1().1 Pcn111ts for users nlonti the Plane Rl\cr, these pc:nnits an: nund:ttory for constn>:tir,n. rq,;,1rs ,,r (>fl'JOCI• ,nor along the Plane Rl\·er, anJ WIIFREAS. the Eng)~H'<ld City Council nut homed the Ctt). s pontcipouon m the "South Plane \\'mer Related Actl\lliC> l'mi;ram. Inc .. (SP\\'RAP) for 20(l6-W07. ,11th the passage ,,fRooluuon Xo. 39. Scricsr,f21107; and WIIERE . .\S. thca=\lllfflt for the first y,:;u-"3.' S29.1895:!. 11·nh an annual as<cs,mcns for l ~-)car.< ano l:ngle-1<1(l(l's 200S a,s..-,,scd JJ110Unl ,, S27.2"5 (\.I, anJ WHEREAS. the future asscssmc,-11 amounts arc computcd <.>n trc-.tcd \\ate,-= and the numhcr r,f r,1n1eipan1• wnh 1hc SPWRAP Pn•b..-:tm. anJ -1 - 9b 1/ \\ IIEREAS. 1lus Program h an nn-gomg l.1·)Car pr,,~r:11111111h 1008 hcing 1hc 1'"1 )Car. l{<s,,lu11on '-lo 39. ~007 appro, cJ an.I nuth,,r11e,1 1he liN Jl'l)111Cnl. howe1cr. 1hc ra<sagc of1lus Ord,nanc,· enables 1hc C111 Manager or Im dc,igncc.10 be uhle"' renc11 and pa) for this pw~,ram m 1hr..:c. o~•>'car mcr~nll:nts~ and WIIEREAS. 1he Englewood \\'a1er and Se1,~r Board recommended 1ha1 Cny Cr un.:,t enable 1he Cny Mnnnger. or h,s desih'llCe. 10 be able 10 renew and pa) Englewood's pon1on for the SPWRAP Program for 1hree onc-)c:lr incremcnh at us June 10.1008 meetmi;: NO\\', TI IEREFORE. BE IT ORDAIN ED BY THE cm· COUNCIL OF THE CITY OF EXGLF\\'000. COLORADO. AS FOLLOWS : Sccuon l . The Cny C11u!ic1l of En~le"ood. Colorado hereby approves and nu1horizes 1he Ci1y ~lana11er or his dcsii;nee he able 10 renew and pay for lhe C,1y·s annual assess~ni for the ~South Plaue Ri1·,.,. Wo1er Rcl owd Actil'll ics Program. Inc :· in 1hrrc. one- yea r ineremcn1 s. Introduced. read in full. and passed on lirs1 reading on 1hc 21st d3)' of July. 2008. Published as a Bill for an Ordinance in 1hc Ci1y's omcial newspaper on the 2s • day of iuif. :?008. Published as a 8 111 for an Ordinance on 1he Cny's omcial 11cbs11e begmning on 1hc 23'" day of July. 2008 for thin y (30) days. Read b)' I 1tle and passed on final reading on the 41h dny of i\ui;ust. 1008. Published by 111lc in lhe Ci1y's official newspaper as Ordinance No._. Series of ~008, on the 8th day of Au~. 2008 . fames K. Wood ward. Mayor ATTEST: Loucnshia A Ellis. Cit) Clerk I. Loucn,hia A Eth,. Cny Clcrl of the C:11yofEnglcwooJ. Color:ido. hereby cer11f)' tha1 1hc nho, e and foreg,)ing is n true copy of lhc Ordmnncc passed 0 11 final rendi ng and publi<hl-d h) 1i1lc a, Ordmancc No._. S,-ncs o f ~OOS l.oucrishm A. Ellis • • • • ORDINANCE NO. SFRIES Of 2008 II\' r\lJTHORll Y COUNCIL BlLL NO . 31 INTRODUCED BY COL'NCIL MEMBER ~IOORlo A.IIJ OROLNANCE AUTHORIZING THE RELEASE Of RIGI IT TO MAINTAIN A SE\\'ER LINE AT RIVERPOINT AT SHERIDAN. WHEREAS, a right 10 ins1all nnd mai ntain a sewer line was grunted by 1hc City of Sheridon 10 the Ci1y of Englewood on Sep1emher 28 1953 by 1he passage of o Sheridan Resolution; and WHEREAS. Weinganen Miller Sheridan hos rcques1ed 1hn1 the City of Englewood relwse its in1 crcs1 in 1he rig)u because in appears on 1he plat as n 1i1lc exception ~ut 1he sewer line no longer exists: and WHEREAS. the Ci1y of Englewood Ulili1ics Ocpanmcnl has confirmed that this sewer lme was removed during cons1ruc1ion of the R1vcrpoint Projec1 al Sheridan: nnd WHEREAS. 1he passage of 1his Ordinance authorizes the relcnse of a righ1 to install and mam11in the sewer line at Rivcrpoml at Sheridan" h1ch was gl;\nted by the Cit)' of Sheridan 10 1he Cny of Englewood m 1953 by Sheridan's Resolution: and WHEREA~. 1he Englewood Wn1cr and Sewer Board, at lhcir June 10. 2008 meeting, recommended City Council authorize the release or right to maintain 1he sewer line at lliverpoint at Sheridan: NOW, THEREFOR I . BE IT OR DAINED BY Tl-IE CITY COUNCIL OF TliE CITY OF ENGLEWOOD. COLORADO. AS FO LLOWS: ~-The Cny Cowicil of the City of Englewood. Colorado hereby authorizes the release of a right 10 install and maintain a sewer line under Loi 1, Block 6. Rivcrpoinl at Sheridan Filing No. 2 because the sewer line 110 longer exis1s. ns shown 011 Exhibit I . Introduced. read m full. ond passed on first reading on the 21 s1 day of J uly. 2008. Published as a B111 for an Ordinnncc m the City's official newspaper 011 the 25" day of July. 2008 . -1 - Publi,hed ns n ll,11 for an Ordinnncc "" the t'uy·s official wchsue bcg111111ng on 1hc '.!3rd dny of July, 2008 for 1hiny (30) dny,. Read by title nnd passed on final read111g on 1hc 4th day of AUtllJSt, '.!008 Published b) 1111c m the Cny's official ncwsp:,per as Ordinance Nv. _. Series of 2008, on the 8th da> of Au1,.,.m. 2008. ATTEST: James K. Woodward. Mayor Loucrish,a A. Ellis, Cny Clerk I. Loucrishia A. Ellis, City Clerk of 1hc Cny of Englewood, Colorado. hereby ccnify that th e above and fo rego mg is a true copy or the Ordinance passed on final rending and publishcJ by 1i1 lc ns Ordinance No._, Series of 2008. Loucrishia A. Ellis -2- • • • • • REI EASf ANO VACA nos OF EASEMEI\T THIS RELEASE A.1\'D VACATION OF A lJTILITY EASEME:S.'T 1s made this day_of _______ . 2008, by the CITY OF ENGLEW0<1D. COLORADO, whose address 1s 1000 Englewood Parkway, Englewood. Colorado 80110. 10 :he Cn'Y OF SHERIDAN, whose address is . ~IO I Sou1h Fcdenl Boulevard. Shendnn, Colorado tO 110. The Panics cove nnm and a~'TCC a~ follows: I • Easemen1 Propeny. The "Easement Property" shall mean t!ll' real property located in the Coun1y of Arapahoe, Slate of Colorado, moR panicularly described as on the Legal Description attached hereto as Exhibit A. consisting of three (3) pages and lllCOrporated b) refer= herein. 2. Considcrauon . Gnntor makes this Grant as a gift without cons1dcra11on other than the keeping by Grantee of the covC111n1S and agrccmcnts contained herein. 3. A right to mswl and maintain a sewer line was gran1cd by the City of Sheridan to the City of Englewood on September 28, 1953 by the passage of a Sheridan Resolution. 4. The City of Englewood Utilities Department has con finned that this sewer line was removed during construction of the Rjverpoint Project at Sheridan. 5. The Ci1y of Englewood hereby releases the right to install and maintain the sewer line at ruvcrpoint in Sheridan which was granted by the City of Sheridan and vacates any associated cas, mcnt as shown on a1111chcd Exhibit A. 6. Binding ';!Tog, This Release and Vacation shall extend 10 and be binding upon the heirs, personal representatives, successors and assignees of the respective panics hereto. IN WITh'ESS ~OF, the panics here10 have executed this Release and Vacation Of Easement the day and year first abo, e wnuen. CITY OF ENGLEWOOD , COLORADO By ________ _ ST ATE OF COLOIVJ)O ) Jrunes K. Woooward, Moyor ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was ael..nowlcdged bclore ~this __ day or _____ _ ~008, by James K. Wooch,ard as Mayor of the Cuy of Englewood. Witness my hand and official SC3l My Commiss ion expires: Notary Public E X H I B I T 1 • E\HIBIT A LEGAL DESCR IPTION i SANITAR Y SEWER EI.SEMENT AS RECORD::D IN BOOK 865 AT ?A G: 377 IN THE ARAPAHOE COUNTY CLERK AN D RECORDERS OFFICE AND Ll:S WITHIN LOT 1, BLOCK 6 OF RIVER POINT AT SHERIDAN SUBDIVISION FILING NO 2. AS RECORDED AT RECEPTION NO. B71se:!99 IN SAID CLERK AND RECORDERS OFFICE ~D BEING LOCATED IN THE NORTHWEST QUARTER OF SECTION 4. TOWNSHIP 5 SOUTH, RANGE 68 WEsf OF THE SIXTrl PRINCl?Al MERIDIAN CITY Of SHERIDAN, COIJITTY OF ARAPAHOE, STA TE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS· COMMENCING A 1 A WITNESS CORNER, BEINGS 89'56'50" W, 50 1, FEET FROM THE CALCUlATED POSITlON OF THE NORTH 01.JARTER CORNER OF SAID SECTION 4 ANO MONUMENTED BY A 3" BRASS CAP STAMPED "LS 22571', WHENCE THE NORTHWEST CORNER OF SAID SECTION'· BEING MONUMENTED av A 2-112" ALUMINUM CAP STAMPED "LS 11434", BEARS S 89"56'50" W, A DISTANCE OF 2605.26 FEET FORMING THE BASIS OF BEARINGS USED IN THIS DESCRIPTION: THENCE S 61'56'13" E. A DISTANCE OF 1136.69'10 THE NORTHERLY LINE OF SAID LOT Ai'!:! ALSO BEING THE POINT OF BEG/NN/Nu; THENCE S 73'56'43" E, ALONG SAID NORTHERLY LINE, A DISTANCE OF 12.00 FEET, TH!cNCE S 39'55'06' E, ALONG THE EASTERl Y LINE OF SA 'D LOT , A DISTANCE OF 95.95 FEET; THENCE S 01'29'01" W, ALONG THE EASTERLY LIN E OF SAlO LOT, A DISTANCE OF 711.60 FEET: THENCE S 06'46'35" W, ALONG THE EAS'ERLY UN: OF SAID LOT, A DISTANCE OF 120.85 FEET: THENCE S 16'08'48" W, ALO NG THE EASTERLY LINE OF SAID LOT, A D:STANCE OF 114 81 FEET TO A POINT OF CURVATURE· THENCE ALONG A CURVE TO THE RIGHT HAVING t, CENTRAi. ANGLE l'Jf 02•39•12",A RADIUS OF 3031 81 FE=l,AN ARC LENGTH OF 140.39 FEET , THE CHORD OF WHICH BE1<RS S 11'43';:TW, A DISTANCE OF 140.3B FEET TOA POINT ON THE SOUTHERLY LINE OF SAID EASEMENT THENCE S B7·53'40"W ALONG SAID SOUTHERL\ LINE. A DISTANCE OF 149.90 FEETTO me WESTERLY LINE OF SAID EASEMENT; TH"':NCE N 16'10'57" E ALONG SAID ~STERLY LINE , A DISTANCE OF 550.55 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 62 ,6.::2 SQUARE FEET OR 1 438 ACRES, MORE OR LESS WILLIAM G BUNTROCII , Pt.S 35585 FOR A•ID ON BEHALF OF • V3 COMl'ANIES OF COI.ORI\DO, LTO . PROJ 003038 Vo COMPAMES OF COLORADO :3~9 BLAJ<E STR:ET STE ~30. !JENVER. co sc:-or. Pti J0.~.98~-8581! FX .<OJ.PSP-11932 -------OEN\~----~ICAGO PHOENIX --- NWCOR S£: .f /:•.If) <·11."' •LUM CA? AAIPEO "tS r,,:i,• EXHIBIT A S>iEET 2 OF 3 f:Q£ WITNESS CORI/ER FWD 3" BRASS CAP STAMPED --"s ns,1· A iu COR; SEC 4 CJILCULA T!EO POSJTIOII: NO MOMJMEIIT FN{) OR sn C::iRll:R FAUS IN SOUTH PLATTE RIVER ---1, 84S,S OF BEARINGS -$ 89 '56'50" H' 2605.16" Ni.1Nf:"1W1/4 SEC 4 ------->---.I'>--- .OT J, BUJCJ: I PETl!/'SIUAG SVID. l'LATBOOK AJ,PAGSJ UJ1'/.8UX:X/ GLENN'S SUBV. FIL. IIO I PUTIJOOK /Of,PAGSJI ~OT1, BLK J Rll'ERPOIWT ATSHEIUDA// SUBDIVISION FILJJ,IG J/0 I REC NO. 81011603 0 Scale : 1 ·=so· 90 FEET EASEMENT TO BE VACATED UIOK:ATES CHAN3E OF DIRECTION ONLY, NO MONUMENT FOUNOORS!:T WTl,111.0CM RJV&A PO/JIT AT SHWDAJI SIJIDIV/SION RI.ING N0.1 116C. /JO. B1/Jl199 AREA CONTAINS APPROX. ll2,642 SO Fl (1 ,438 ACRES) THIS EXHIBIT OOES NOT REPRESENT I MON\Nl:tn'EO LANO SURVEY IT IS INTENOEQ ONLY TO DEPICT THE A1TACHEODESCRl?TlOH, Bnemecrs ~ $,-llltDohS-S.,uilO --urveyors "-c,Q)l<!ll)> c ~ • Sc1enusts io,.a, ... ,_ ' ~ , )(11.ff9,99l2fu , Constroeuon i~-Ad1·1sors CITY OF ENGlEWOOD SA111TARY SEWER EASl:MENT VACI.TION RIVER POINT AT SHERIDAN 05/21/2008 , •• 80' EXHIBIT A Si1EET 3 OF) i LOT I, BLOCK 6 RIYER 1'011(1' AT SHERIDAN SUBDIY!S/Oli FILJNG NO / REC NO 811 ll/99 EngiMt!J'S / _ _..,_ S, nth.llb:S1Jtct_S111.1tUO -urveyors .,.,.,,,a JC10> CllY Of ENGLEWOOD SANITARY SEWER EASEMENT VACATION RIVER POINT AT SHERIDAN 05121/2008 I JC') pp t'JJ1 'u , Scientists I .IOl "' "" -• f__J ConS,troC//(>n , . .,.__ '%"" Arf111fn~ NTS • • • ORDINANCE NO. SERIES OF :1108 BY Al.THuRm COl '":\Cll 811 L :st> :,: L\TRODl.:CED o, cot -:-.'CII ME~llll:R MOORE A.'> ORDINA.'>CE APPRO\'IXG St:PPLEME\'T XO. 16) TO TIIE SOUTHCoATt S.\.-.:lT ATIOK DISTR ICT CONNECTOR'S AGREEMEff FOR TIIE IXCI USIO~ OF LASO WITHIN THE DISTRICT BOUNDARIES WHEREAS. Soulhgatc Sanitation O.stnC1 recommends the 111clusion of aoproxun;ucly 2. • acres into the O,stnc1: and \\ 'HEREAS. said inclusion 15 locaied between Bellcm:" and Cm:hard. on the C3SI side of Colorado Bouk\'ard in Greenwood \'1llnge at 3800 East Looi Road: and \\'HEREAS. 1he zoning of1his propcny in Greenwood Village 1s Smpc Family Rcs,dcntial "hich 1s the proposed use of this propcny: and WHEREAS , •aid annexation oft.his parcel oflond will not inereMC the tap olloentioo u, the Southgate Sanitation Diotrict: and WHEREAS, the Enl!lc-.ood \'.'ater anJ Seo.ct Board re.,,muncmled appro,al uftlu, Agrcemcn1 31 llS June I 0. 2008 meeting: KO\\'. THEREFORE. BE ff OROAI!',;EO BY TIIE CITY CQID;CIL OF nm Cm' OF EKGLEWOOD. COLORADO. AS FOLLOWS: ~ The Af.reetncnt between 1he City ofEnglewood ar.d Southgate Sanuation Distncl cn111lcd .. Supplement No. 163. to C00ncc1ors Agrcffllfflt". which includes 2.7 acra. l=1cd hct\\Cffl BellC\1C\\' and Orchard. on the C3SI side of Colorado BoulC\.ml in Greenwood \11llagc. is hercb)' :ic:cepted and appro,·cd by •he EnglC\\ood C11y Council. A copy of sa,d Agreement is anached hereto IIS ·•Exhibit l" and incorpon.iet! hercio b) n,f=ncc. ~-The \layor and Cit~ Cieri. ore herd>) aUlhonLCd 10 ~•~'" and aucs1. r<'>p«ll\'Cly. the ,aid Agn:enll'nt for and on beru,lf of the C11y C{>uncil and the City "r EnjtlNood, Clllorado. ln1roduccd. read an full, and passed on ftr.i rcadinr '"' the 21SI da) ,,r Jul). ~O(JS Pubh,hcd a~ a 0111 for an Ordm:mcc 111 the: CU)·> n 0iclal IIC'\ ~per on the: :s• dai of July. 100~ 9 b iv Pubhshl-d ns a Boll for an Ordinance on 1hc Ci1y·s oflic,al websuc bcg111n111~ ,,n lhc 23rd day of July. 1008 for 1hiny (30) days. Read by 1illc and passed on final reading on 1he 41h day of August. 2008 Published by tnle on the Cuy·s official ncwsp:opcr as Ordinance No. _. Scncs of 1008. on the 8th day of August. _IJOS. ATTEST: James K. Woodward. Mayor loucrishia A Ellis, City Clerk I. loucrishia A. Ellis. City Clerk of the Chy of Engle" ood. Colorado, hereby ccnify 1ha1 1he above and foregoing is a 1rue copy of 1he Ordinance p>sscd on tiruil reading and pub lished by 1i1 le ,s Ordinnnce No. _. Series of 1008. loucmhia A Ellis • • • • SUPPLEMEI\T NO. LJ.:..:.l_ TO CONNECTOR'S AGREE MENT THIS AGREEMENT, made and en1ered into by and between lhe CITY OF ENGLEWOOD, acting by and lhrough Its Ouly authonzed Mayor and Ci1y Clerk, hereinaher caUed the "City,• and SOUTliGATE SANITATION DISTRI CT, Arapahoe and Douglas Counties, Colorado, hereinafter ca lled the "Dlatrlc~" WITNESSETH: WHEREAS, on lhe 20lh day of June, 1961, the City and the District entered Into an Agreement in which the City agreed to treat sewage originating from the District'• $8nilary sewer sys1em wilhin the area served by the District, \'fllch Agreement was most recently renewed by Conne::to<'sAgfeementdated November 16, 1988; an<! WHEREAS, said Connector's Agreement provides that the district may not enlarge its service aree without the written consent of the City, NOW, THEREFORE, In consldetatlon ol lhe mutual oovenants and undertakings herein set forlh, the parties agree ao follows: 1. The City hereby consents to the inclusion of certain additional area located In Atapahoe County, Coloftdo, owned by C'4Y' ':qulUes, LLC. and more fully described on Exhibit A atrached hereto and inc.. .. ad herei'I by reference, nto Soott,gate Sanitation District. The City agrees Iha! said additional area may be served with the sewer facllilles of the District, and that the City will treat the sewage discharged into the City"s trunk line from said additional area , all In accordance with lhe Connecior's Agreement dated November 16, 1988. Accotdlngly, Exhibit A referred to In Paragraph 1 of lhe Connecto<'s Agreement dated November 18, 1988, Is hereby amended to Include such addHional area . 2. Each and every other provillon of lhe said Connecto<'1 Agreement dated November 16, 1988, shal remain unchanged, IN WITNESS WHEREOF, the parties have set their hands and sea ls lhls _dayof __ ,200_. Amsr CITY CLERK (SEAL) SECRETARY (SEAL) CITY Of ENGLEWOOO By; "'MA..,.v'"'o"'R,-------- SOUTHGATE SANITATION DISTRICT, ARAPAHO:: AND OOUGLAS COUNTIES, -~ By· ·p~ E X H I 8 1 T l EXHIBIT A TO PETITION FOR INCLUS IO N OF REAL PROPERn' SOUTH GA TE SANITATlO1'' DISTRICT ARAPAHOE AND DOUGLAS COUNTIES, COLORADO (Legal Description) That part of Tracts 28 I, 282 and 283, Soulh Denver Gardens, lyi1,g southwesterly and westerly of the soulhwe:.lerly and westerly hne of the Highlin~ Canal together with the North 15 feet of vacated Platte Avenue adjoining Tract 283 on the South. County of Arapahoe, State of Colorado • Southgate Utilities Basemap □ Quartersectlon ::::i r Sewer Incl usion E=',sewer lnclusi. .. All others □ Parcel Sanitary Sewer e--Sewer11ne 500 • •1 • I --,.. ~ -' ,,.. --I • ·1 • I • '--,,., ,,., ~ = t)-4A,nc:,i, - SCALE 1 : 9.605 500 FEE7 1,000 / 1 -1 if..,, :1701 -isl==: ., .. ---. .... . ...._ .. .. \_ ~-.... .... ~ .. ,. ~ -.... ,.;. mo ~ /Iii .~ ''" EL ~ "" '""' ''" f ..... .11.. .. ;: ••• <,.' p,.,,, ""' , 1,500 µ.,..., .. ~ ~~ " .... N A • • • PETITION FOR INCLUSION OF REAL PROPERTY SOUTHGATE SANITATION DISTRICT ARAPAHOE AND DOUGLAS COUNTIES, COLORADO The undersigned 1-\ e. 5 . l. C,. , hereinafter called the Petitioner, whether si ular or plural, ,, ,. '3ctfully petitions for Inclusion of the real property described below into the Southgate Sanitation District, Arapahoe and Douglas Counties, Colorado, pursuant to the provisions of subsection (1) of Title 32, Article 1, Section 401, Colorado Revised Statutes, as amended , and all applicable policies, rules and regulations of the District. In support of this petition, petitioner states as follows: 1. The full and correct legal description of the property which Petitioner desires to have included into the District is set forth on Exhibit A attached here:o and incorporated herein by reference. 2. The said real property is capable of being servea with the facilities of the District. 3. Assent to the inclusion of said property into the District is given by the signers hereof, who are the fee owners of all of said property. 4 . Petitioner understands and agrees that there shall be no withdrawal from this Petition after publication of Notice without lhe consenl of the Board of Direciors of the District WHEREFORE, Petitioner requests that the Board of Drectors of the District hear this Petition at a pubfic meeting after publication of Notice of the filing hereof, and of the place, tme and date of such meeting as required by law; and that the above described property be included into the Southgate Sanitation District. Arapahoe and Douglas Counties, Colorado. I I Inclusion Petitio n Page 2 5'-11c0 s. 0 11.\,oc S-\. -q\-110 Address 1 3cd-723 -)COS t VZ-1 Telephone Number STATE OF COLORADO COUNTY OF ~fe3QG«\(lf ) ) s s. ) Add ress Telephone Number The foregoing instrument was acknowledged before me th is cJ:::;-day of n\•rua.<\, . 200.a_. b~-\ A ~-t~k Q,') \ ) ~cyi'l'c j'it CJ\\l) 91,,\r,, b-1 C.1 "'C>!o:iarln b1b,+J hc,b,!,li 1 OXl'\X'f', I • • • • • ORDINANClc. NO. SERIES OF ~008 BY AUTHORITY COUNCIL 1311 I NO 46 INl RODI.X-1:D BY l'Ol.J)\CII. MEWlER MOORE AN ORDINAN CE APPROV ING SUPP LEMENT NO I TO nlE CITY OF CII ERRY HrLLS /ILi.AGE CONNECTOR"S AGREEMENT FOR THE INCLUSION OF LAND WlTlll!I: TH E DISTRICT BOUNDARIES . \\liEREAS. Cherry Hills Vtllagc San11a11on Oisinc1 recommends the inclusion of approxmmcly 213 acres into the Oi s1ric1: and WHEREAS. said incl usion 1s located nt 4595 South Vme Way m Cberry Hills V,llage; and WHEREAS. the romng ofth1s property in Cherry Hills Village is Single Fanuly Residential and will remain as Smgle Family Rcsidemiol : and WHEREAS. the inclusion of this parcel oflnnd will not increase the 1np allocation 10 the Cherry Hill s Villa ge Sanitation Ois1ri c1: and WHEREAS. the Englewood Water asd Sewer BoMd recomme nd ed approval of1h1s A&s~cmcm a, its June I 0. 200S mec1ing; NOW, THEREFORE. Bl: IT ORDA INED BYTlll.l CITY CO UNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS· ~ The Agreement between the Ci ty of Englewood and Cherry Hill s Village Sani1n1ion Dis1nc1 cn1i1led "Supplement No. I To Conncc1or·s Al!r<emcn1". which includes 2.3 acres loca1cd a1 4S9S South Vine Way In Chcny Hill s Vi lla ge. 1s hereby accepted and approved by the Englewood City Council. A copy of said A~ccmcn1 is a11nched hereto as "fahibil I" and incorporated herein by refm.'llCc. S1-,uon 2. The Mayor and City Cl~'fk arc hereby authorized 10 si~'ll and an,-,.1. rcspcc11vcl>. the smd Ai:r<emrm for and on behalf of the Cny Counc il and the t'ny of l:nglcwood, Colorado. ln1roducod. read 1n run. and passol on f1rs1 readmg on the 21 s1 day of July. 2008. i'ublishod a,• Bill for an Ord1nan.:c in the Cuy's offic1al newspaper on tit<: 2s• d.!> of Jul). 2008 . 9bv Puhlishcd as a Dill for nn Ordmane<, on the City'> officia l wchs11e bcginnmg on the 23rd dny of July. 2008 for thiny (30) days. Read b)• utle and pas,.cd on fi03I reading on the: -Ith day of August. 2008. Published by title in the City"s official newspaper ns Ordmnncc No._. Series of 2008. on the 8th day of August. 2008. ATTEST· James K. Woodward. Mayor Loucrishio A. Ellis. Cuy Clerk I. Loucrishia A. Ellis. City Clerk of the City of Englewood. Colorado. hereby cc:nify that the above and foregoing is o true copy of the Ordinance passed on finnl reading and published by tit le as Ordinance No._. Series of 2008. Loucrish ia A. Ellis • • • • • • SUPPLEMENl NO._L_ TO CONNECTOR'S AGREEMENT THlS AGREEMENT, made and emcred inlo by and between the CITY OF ENGLEWOOD, ae1ing by and through its duly authorized Mayor and City Clerk, hereinafter called the "City," and the CITY OF CHERRY HILLS VILLAGE, hereinafter called "Cherry Hills" WJTNESSETH: WHEREAS , on the 2nd day oi October, 1995, the City and Cherry Hills entered into an Agreement in which the City agreed to treat sewage originating from Cherry Hills sanitary sewer system within the area served by Cherry Hills . WHEREAS , said Connector's Agreement provides that Cherry Hills may not enlarge its service area without the wriucn consen1 of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set fonh, the parties ugree as follows: I. The City hereby consents to the inclusion of certnin additfonal area located in Arupahoe County, Colorado, owned by Arrns.rongs, and more fully described on Exhibit A ?.ltuchcd hereto and incorporated herein by reference, into the Cherrymoor Sewer District, which 1s o\\11cd and operated by the City of Cherry Hills Village. The Ci ty agrees that said additional area may be served with the sewer facilities of Cherry Hills, and that the City will treat the sewage discharged into ihe City's trunk line from said additional area. all in accordance with the Connector's Agreement dated June 12, 1984. Accordingly. Exhibit A referred to in Paragraph I of the Connector's Agreement dated Junr 12, 1984, is hereby amended to include such additional aren. 2. Each and every c,:hcr provision of the said Connector's Agreemc:it dated October 2, 1995, shall remain unchanged . E X H I !3 l T IN WITNESS WHEREOF, the panics have set their hands and seals this __ da:• of ______ • 2008 . ATTEST: City Cleric (SEAL) ATTEST: CITY OF ENGLEWOOD By:.,..,.. _______ _ Mayor CITY OF CHERRY HlLLS VILLAGE a~Q~ Michael J. Wozniak,ayor • • • Strctt Address: 4595 Soutb Vioc Way Cherry Hills Village Exh ibi t "A" LEGAL DESCRJl'TION So uth tn of Block 21 , East 1/2 of Vacated High Street Adjacent. Chen')' Gardens, State of Co lor11do, County of Arapahoe. GRID #26 0 100 200 400 •--==--- • • • ORDINANCE NO. SFRlFS OI ~008 11\' .\L7l10Rl1Y COL '-Cll BILL XO . 47 1:-ITRODUl'I D ti\' l'Ol!NCIL ~IF.MBER MOOR!· AN ORDl:-1 . .\.'lll'E AUTHORIZING AN rNTERvO\'ERNMENTAL AGREl:~IEJ\'T BETWi'cN ARAPAHOE COMMUNITY COLLEGE FOR THE ARAPAIIOCOOUGLAS CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF ENGi EWOOD PERTAl!slNG TO THE BUILDING OF A SrNGLE FAMILY RESIDENCE AT ~397 WEST HARV ARO AVENUE, ENGLEWOOD. COLORADO. WHEREAS. the C"11i Council of the t'ily of Englewood has commined 10 re,·iewong opuon, for hou.sinll and dC\clopmg a s1ra1~· 10 enhance diverse housing opuons m the community: and WHEREAS. the (lly of Englewood became in\'ol,c:d with Arapahoe Community College Arnpahoe,'Douglas Career and Tcch111ca l School 'ACTS) dunng 1985 when the principal of Colorado's Finest Ahcmau"e Htgh School comnctcd the City for assistnnce in expanding the building trades proj!rano. nnd WHEREAS. the ACTS prob'filnt was able 10 offer a two year Comprehensive Building Trades pru~am for hii,:h ,d,ool studem, and adult, 10 h.,c u "hand,-on" experience m bu ilding a home from t he ground up 1hr!'ughou t the school year; and WHEREAS. C11y ",II act in the role of the developer by pro\'1ding construction funds from the Housing Reh.ibili1a1ion Fund and a cons.truction coordinator w,11 be lured 10 coordinmc the doy•IO• Jny building acti\'1llcs "i1h the Al' rs instructor and students: and WHEREAS. the site, wnh house. will be sold after complc11on or1hc pro;cc1 and the proceeds will be rc1umcd 10 the I lousing Rchabililauon Fund. NOW. THf:REFORE. BE ITORDArNED OY Tile CITY COUNC IL OFTIIECIW Of ENGLEWOOD. COLORADO. AS FOLLOWS : ~-The Cny Counci l or1he C11y .:,f Englewood. Colorado h1.>rcby nu1hori2~ the ln1crgo,"C111m1.i11al Agreement hcl\\CCll 1he Arapahoe C<•mmunuy College for the i\rapahoc [)ouglas Career and Tcchniul School (ACTS) and the C11y or Englewood. n copy ,,r \\ luch is mnrkcd as "l',hihil A .. and anoch,-d hereto. S..:tjon 2 n,e Ma)or and the Cny Clerk arc hereby au1hon11.-d w s1~11 ond 0111.-sl said l111ergo\'Cmmcn1.1I Agreement oo behalf of the Cll) nf Fngll'\,ood . ln1md11ccd. read on full. and passc<l 0n first reading on lhc 2 ls1 day of July. ~008. 9bvi Published as a Oil! for an Ordinance on the Cit)·• official ncw'J)aper "n the 2~• day of July. 2008. Puhh h,-d ., n 8111 for an Ordmancc on 1h Cuy· oftic1al "ehsuc hegmnmg on 1hc ~,rd dii)' of July, WO for 1hin) jJO) da)· Read b) 111lc and passed on final rcadmg on 1hc 4t h day of August . ~00 . Publi hcd b) rule m 1hc Cui ·s official l!C\' paper as Ordin.ince No . _. encs nf 200 . , on 1hc th da) <>f Augu 1.100 . A TT EST fam es K. Wood ward . Ma yor Loucnsh1a A. Elli s. Cil y Clerk I. LoucrishiJ A. Elli s, City Clerk of he Ci1 y of Englewood . Colorado. hereby cenify 1h01 1hc above and foregoing is o 1ruc copy of1he Ordinnncc pas sed on final reading and publ ished by 1ilk os Ordinance No._. Serles of 2008 . Loucrish in A. Ell , • • • • • • .....-r . This Agrccmcn:, made !h.t / /J day oQJ-<•.A · j__, 2008, is bc:weco lhc CITY OF ENGLEWOOD, COLORADO (!ht City), mi Lht N<Al'AHOE COMMUNITY COL!l:GE ARAPAHOF/DOUGLAS CAREER JJ,,1) Tl!ClOOCAL SCHOOL (ACC/ACTS) of 5900 South Santa Fe Drivc~AD 427, P. 0. Box 9002. Litlld:JG, Colorado 80160-9002. WHEREAS, Ibo City desires 101SS!S1 the smdeoils m the ACI:/ACTS progra,:, 10 pin czperience for their Comprchcn&ive Building Tndcs ACTS classes; and WHEREAS, ACCIACTS 11=10 provide practical Oll-lhe-:jol> apc:ricnce to ScJdeul Laborcn rquta.;y enrolled m ,ts Com;,rehensiw Building Trades classes; NOW, THEREl")RE, in coos1dc:niti0ll of the mutual promises made hcrcii) the panics 8llfCO u follows: ARJJCLE I DUTIES A. ACC/ACTS: I. ACC/ACTS shall provide atudClll laborers to petfarm collJtrW:tionjobs rc:1au,d ID the COIISlnlCliOll o: a dwelling JOC21Cd 11 2397 Wes,. Bl,,;-.rd A \'aJDC (lite "Projeef'), -=:din& ID the plam and spcciJications to be provided by the City. ACC/ACTS shall provide ..-or!. crews ill sc;,mie cla,ses. 2 ACC/ACTS 11:alJ instrac! lhe SttldCDt L,borm m Lhe eonstrw:tion trades' 1lcil4, whic:h Ibey will aced in order to pcrfmm lh=r llsks in the CQll.llnlC:tlOn of !he dwelling. ACCIACTS mans DD rcp=!llions thal \be SlUdOlll Laborcts will be sldlicd in the tulcs they are amd 10 pdo,m by th: City. (See !llaO.b.cd Task Lilt oudi:uDg respcnsibililies of the City aod ACC/ ACTS. 3. ACC/ACTS shall make available 81 the comlnl<:licm silc for use by 1M Studc:01 L,bonn in consttuction of !he dwelling, band and power 10011, except 1ho1e mentioned in Article 1-B. 3, u ACCIACTS sball deem adcqua1e in quality and quantity. To lhc cxteoJ that other equipment is needed for Lhc Project and ia a,·aiJable wtthoul cost ID ACI:IACTS, ACCIACTS shall pnmdc lhe cqmpmcn.. All OChc, cquip,ncnl sball be !be responsibility of the City. 4. Trmspo111tion will be lhc rc&pOIISibili!y of th: Clld,:n: bbarcn and/or r<:bool clist.,;cts wbcrc applicable and pr0111ded. B. THECITY: I. The City shall manege and SUJ)Cl\1S: the construcbon ProjccL The City shall obtain aU pcm,iu. lica,&CS, uispectiom and c:cnificat::s, bhtcp:ullS Cl<' , .cs {teoipcnry service) . 2. The City sbalJ pay the costs of all Materials used wt the Projcc icr all subcantncum; other th. o ACC/ACTS &Dd alJ cCh,,r cosu IWOClatcd with !be Proicct, except lbosc diicb ~ IO be pa.id b)· ACCiACTS as se: forth m I.his Ag=m<m. A 1. The Chy shall pr<w1dc ei.ch ~tudem Labu:cr 11·11I, 1he fc•llo"m!;lool, (• '""'"!•'·"·h suh.uhute Tool Belt -At.hi&0n A~27,51', 1-rmmug fl•L•ncr Stanl<') Si<,t<,. 'f:o; MCll.<ure-25' 33-125, Safety ~h= UVE>; S 129, C-0mbm~tion Squai r Srnnlr)' 46222, Chalk Lme-S:anlcy 47-051, Utihty Krnfe-Sttnley 10-299, HnNI I Im-OSHA appmvcd. The City shall 001 be responsible for the rc;,lacemcm of any too l,, wluc.h nre Ins\ Of stolen. If the Studont La!>orcr eo:nplc:cs the CO\ll"SC, he or &ht sholl he allowed In keq, any of tht tool< remaining m bu or be: ;,os,css,on. ~ 1110 Ci1y shall con1ribu1c $30.00 per Studeo1 Laborer 1oward the cost n( j~cke1, for c.,ch Student Laborer. '.. 1111' City "'"11 hllve lhc right 10 o:,jcct lo U,c invnl ,crn::m or prevent U,r future 111volvemen1 ofru1y Student Laho,cr in the 11,c,j(:ct for fni:1m· 10 n<lhr.rn lu in,l!uctiuns oflh, City or itn uncnts, viollllicm nfr.ufcty rnlc,., nnd contluet ••hich "'"Y be harmful 1,, tl1e C11y, any of 11, officers, dtnx:tM, agcnl> or 111\itccs c,r tn "ny othor Stlldcn! Lahorct. or conduct winch would coruutute • m,sdcmemon, n, felony Rv<ry effort will be made to"'" <Xnnplctiou of the rmiccl within one school year. 6. The Coty shall require that ruhconlraclort, ntber than ACCIACJ'S, shall take ma,onablc time lo e,,plam the wnrx they arc pcnorming II b ••=ly agreed OW thcoe cxplanalinn, are rncrcly incidental lo 01e work to be pcrfo1111ed by such subcontrocto"' and ore 10 inler[cre an litllc ns prncticable with the sul>cuntrnctor,' other duties. .!lfil'ICLEIT -ldlillll,f[y A. ACC/AC1"S U,rc,u&h lhu Gonsorlium l)islricts sl-,11 moilllom, nt the District Mc,nlx.,-', ,olc cos~ •dt(Jualc Workcn:' Com~tion .ln.."Ur;Ul(:C eovernt'C ro, !ht Studcot Laborers, during all limes durinc wluth Stud01N l.nhorcrs •re WO>iciug on the l'mjcd.. ACTS Conso11ium 01'1.nct. •h•II prov1d0 0v1dcuce of insumnec upon the expiration nnd rencwol or auy tero, of insumnoc or upon any change in Workers' Componsnlion ln,umnce coverage to ACl'S Consortium Diltrieu. U. 'The Cny w.11 not bold ACC/Ar:rs responsible for products o.nd completion insurance covcragc. C. The City wU maintain habihty covcn,ge for lhe Project. JJ. ACC/ACJ'S shnJI provide an 11<:<:q>tablt waiver ofl111bili(y for o:iuh Siudcnl l~1horcr E. All J)CIJOtml property belonging ACCJACfS ur the S!U<bit uborcrs lhal u: ID or OD !he rrojtCI lhlll be lh=lll the risk or ACCJACTS. The City, its agent', di=tO!l or cmployocs aball not bo liable for any dL'tlagc therclo, unless such damage wns caused dlrcclly by tho City, Its ngenl.!, directors or employees. Tbc City shall not be rcsponstblr for providing &ecurity for a personal property lcfl on the job tita by ACC'JACfS or the Student Laborm. ARTICLE W -TERMINATION • • • • • • A. Either party m,y te:nunate this Agrccmo: at any =• upon 30 days wrl11c:1 noti::: :nail«! or deli""'"" to the address SCI fo,1h ahov:-The pa.-u:s egrcc 11'~ p.,or io te::ninanon of this Agrccmc,,t by 1.bis provision; the parties silall m::t o~ ancmp: to meet to resolve ony <iispulo. Either party may, for tu!)' rcasoo whaisoevcr, tcnninue this Agreement ofter any such meeting or attempted m=ng p-o1111la:11 to rlu• prov,.saoo. NC1thcr pa."t)' shall be liable to the othc, for 111:y actual or pc-cc:iv«I hcl of good futh an attempting to resolve any dispute in accordance with this proVJsioo. B. In thc event of tenmnabon, the parues wr iaave no fwthcr obligallon whatever under lllls Agreement aod tho Student Laborers may keep any tool bclu and tools, wbicb have been, supplied them. C. This Agreement mey also be terminated if an accepablc 1110 is not provided by the Crty by • date mutually aceepiablc 10 the parties. ARTICLE 1\1 -EOUAL OPPORTIINITY ACCIA<::rs sh.ill adhere to all federal, state and local 111tut:s, onlinan= and regulations indudlng, but not iimltod to, equal opportunities and civil righu Jaws. ARTICL£ v -w AIVER No waiver of any provisioo of this Agrc:mcnt shall be constrUCd lo be a waaivcr of any subs«jucnl breach of the S!IDe or IDY oth:r provision ofthu Agrcancnl. ARTICLE YI-INTEGRATION Aoy and all prior 1grccmr:n1S between the parties hereto with rcspec! to the Nbjcc:1 manerofthia Agrec:ment arc bc,eby canceled and tcrminalod. No amcodm:ou to this Agreement sb&IJ be made other than by• wnneo amcndmcru ngned by all the parties. ARTICLE YD-A]J'{IB.NEYS' FEE!S ln the CYCDI of any ac'joo or proce:ding i>rousbt by either party against the OL!icr und:r this Agreement the prevailing party shall be COIIIJcd to rcc:ov:r all cxpeosos incum:d therefore. including but not limited to, reasonable anomcys' foes, ARTICLE YIU -GQVERNJNG LA w nus Agr-..ancnt is made and entered into in lhe State or Colorado, end shall in all ways be govc."llcd and construed by the law of such Slate. ARTICLE IX -INDEXING AU iodcril!g 1e1 fonh in the ma,gin of this .¼r=ent are intr:ndcd for convc&icnce ocly and shall not coD!rOI or affect !he me,ming, ==t,oo or cfTect or tlus Agreement or or any of !he pruvinioos thereof . ARTICLE X -SE'VERABJL!TY II au:,· 1u, ,vu,m11 t•f tl11;. A1i1ct·u1··u· u. ndJud1t·;Ht·<l mVl'l:nl or 11gm11-:'. puOhc-p<tl11 )' I :,• ,111> ·i·a,, 111 hy II ~111'1 or w,11rw1.cu1 JU:t:,tl1clu\l t, II U. ¥).lct:ir,cully mtct ~k\l tl~tt .,;;a..J. and rvay )lf(l\'l!,1!•11 HOl "'' mvnhdntcd shell n,m:,in in full force and cffed. ARTICLl! XJ -!ffilRS. SUCC!!SSORS AND ASSIGNS ·1111• Ai;rec,nail &hall lnw-e to the heuefil of and comtilule I binding obl,galioo upoo the cx•Unel10g pan, .. and their rapcotiYC hcirs, ru=t1' and assigns. lll<Al'AIIClli/l)(IUGI..AS C'.ARl!L'I!. AND 11'.CRNICAJ. SCI lflOt ARAPAf!OlJ COM MUNITY COILEOI! fly: --------------Josq,h A Lorenzo, Contr0llcr CITY OP ENOIJlWOOD Dy:--------.----,-----,-----l&nJCS K. WoodWlll\l, Mayor Loucrishia A. Ellia, Cit)• Clerk Date: Date: ____ _ Date: ____ _ • • • • • • CITY OF ENGLEWOOD Temp Service set All legau and land permits Cootractor Lie= lO Excavali011 Foundation Uodcrground Plumbing Truss order &tcrior (siding) Outters OaragoOH door HVAC Rough plumbing Rough electrical inlulalion Dtywall finith/tenurc Painting Interior & cxrerior Ceramic tile Concz-cle drive/walk Cabinets & tops Finish plllmbuig Finish electrical Floor coverings Sprinldenllandscapc Provide a boom truck if needed TASK LIST• ACC/ACTS CAREER AND TECllNICAL SCHOO L Baclc brace foundation Floor frami.o&isubDo..- WaJJ Crlming./Sbealliins Roof Truss/Stick build Roof shcalhing dry in Sbiaglcs (3 tab) W'mdow/llxtcrior doors llang drywall All Interior doors Closet shelves Case Base trim Wmdowstlls Medicine cabinets Towel ban & T.P. Hardware Set appliaDCeS (no built in oven) • This 1ask lis1 can be odJtJSlcd by murual a&rccmcot oflbc (2) parties should sclieduling reqwrc an adjusuncn1 • • • UY \l I IIORln ORDINANCE NO Sl·RIES OF WOS COL:NC"II. mu NO 48 IN I ROllt:Crn Ll\' COUNCIi. Ml:MFIER ~IOORI: A'I OROl:-IANCI: ..VPROV ING Al\ INTERGO\'ER)>:~IENTAI AGREEMENT BETWEEN TIIE BO,\JU) 01· COMMISSIONERS OF AR,\l'AIIOF COUN1 Y. COLORADO. LlY ANO THROUGH THE AR,\PAIIOE COU1''TY CLl:RK AND RECORDER, AND TII E CITY OF ENGLEWOOD. COLORADO. TO CO'IIDUCT A COORDINATED ELECTIO:-1 ON NO\'EMBER 4. WOS \\'IIEREAS. pursunnt 10 the U111fom1 Elec1 ion Code of I 992 (Anicles I 1<' 13 ofl ulc I. CR S.) as amended. ~,o,•cm1n<cn1al tnlllics nrc ence>umgcd 10 c(l(lpem1c and <, 1solidn1c clecuons in order 10 reduce 1a.,payer expenses: •nd l\'IIEREAS, the Cuy of Enslewood has p:m1c1p,ucd -. uh Arnpahoc County m conducung C(l(lrd,nmcd elec1ions since 1993: nnd \\'H EREAS. Arapa hoe County and 1hc Ci1y of Eni!lcwood ha\'e dctcnmncd 1ha1 it is in 1hc bcsl m1crcs1 of the taxp~ycu and 1he elcc1on 10 conduc 1 a coord ina1ed cl..:1ion fo r 1hc No,•cmber 4, 2008 c lecuon: and \\1 1EREAS. Arapahoe Count)' and the Cit} of En~l•"ood dcsm: 10 set fonh their respt'Cli\'c rcsponsibih11cs for 1he coordinn1cd c lcclion pursuam 10 1hc ln1cr~'O\'emm<'lltal Agrecmenl. NOW. TIIEREl'ORE. BE rr ORDAfNED BY TIIE err\' COUNC IL OF TIIE CIT\' OF rNGLEWOOO. COLORADO. AS FOLLOWS: ~ The lm cr~ovcmmcmal Agrccmcnl for C'oordinai.-d Elec1ion is auachcd hereto a, .. E~h1bi1 A" The hncrgo.-cnunemal Agrccmenl for Coord111a1cd Elcc1ion 1s hereby 11cce1Jlcd and appro,·cd by 1hc En£1cwood Ci1y Council. 9bvii Scc1 ,on 1 11,c ~1oyor and Cu y Clerk nrc au1hon1<-d 10 sign and >lies! said Agrecmen1 for and on behalf or the C11y or Englewood. lntmduceJ. read in full. and passed un firs1 reading on lh< :?ls1 da) or July. :?008. Puhltshcd as o 8111 for an Ordinance in 1he C11y" s official n.-, spapcr on the :?s• day or July. 2008 . Published as a Bill for an Ordinance on 1hc CII) ·s official \\Cbsllc beginning on 1hc 23rd day or July. 2008 for 1hiny (30) days. Read by 111le ond passed oa final rc,ding on 1hc 41h day or Augus1 . 2008 . Published hy 1ille in 1hc Ci1y·s orficia.l newspaper as Ordinance No._. Senes or2008. on 1hc Slh day of August. 2008. AlTEST: James K. Woodward. Mayor Loucrishia A. Ellis. C11y Clerk !, Loucnshia A. Ellis. Ci1y Clerk or1hc Ci1y or Englewood. Colorado. hereby =ify 1ha11hc abo\'e and roregoing is a true copy of lhc Ordinnncc passed on final rc-admg and puhlishcd by 1111c as Ordinance No._. Series or 2008. I oucrishio A. Ellis • • • • • INTERGOVERNMENTAL AGREEMENT FOR GENERAL ELECTION ARAPAHOE COUNTY NOVEMBER 4, 2008 (Election) This Intergovernmental Agreemenl is entered Into by and hetween the Board of Counl Comm,ssloners of the County of Arapahoe. State of Colorado and the Arapahoe County Clerland Recorder (hereinaner jointly referred to as the "County") and the C 1 cy of Englewood (hereinafl" referred to as the "Political Subdivision· and/or "Junsdiction"). WHEREAS, pursuant to the Unifonn Election Code ol 19r,, {Articles 1 lo 13 of ile 1, C.R.S.) as amended, governmental entitles are encouraged to cooperate anj consolidate el«tions In order to reduce taxpayer expenses; and WHEREAS, the County and the Poflllcal Subdivision have determined that II ls In 111 best Interest of the taxpayers and the electors lo conduct a coordinated General Elecbon on No\'!mber 4,2008:and WHEREAS, the County and lhe Political Subd ivision des ire lo set forth their respt?ctlve responsibllllies for the coordinated General Election pursuant to this Intergovernmental Ag•0=~t. NOW, THEREFORE, IT IS AGREED by the County and the Political SubdMslon a, '1.t..~-s . 1. The November 4, 2008 election shall be conducted as a coordinated General Ele:lion ir accordance with the Uniform E:'ection Code of 1992 (Articles 1-13 of TIUe 1, C.R.S.J The election participants shall be required to execute agreements with Arapahoe County er this purpose and may include municipalities, schJol districts and special districts witJin the Arapahoe County limits and the State of Colorado. 2. The November 4, 2008 coordinated General Election shall be conducted by the Counly wilt the use of paper ballots, electronic voting equipment and voling machines . 3. The Arapahoe County Clerk and Recorder shall be designated as lhe Coordinated ElecliOn Official and the Political Subdivision hereby Identifies Loucrishia A I Ellis, : 1 ry Clerk as Its Deslgnate J Election Official. 4. Toe County shat! perform the following tasks in relation to said election, lo wit a Negotiate an a;i•eement for the printing of the official ballots. b. Provide a aipy ol the ballot layout and the text ol the official ballot to the designal!d elecllon official for proofreading before aulhonzalion to begin printing a all ballots . c. Certify the complete number of registered electors within the Arapahoe County portion of the Political Subdivision no later lhan October 6, 2008. d. Provide a copy of the political subdiv isions' legal boundaries as defined In the Arapahoe County Street List Locator no later than Ju ly 30, 2008. e. Provide support on the dale of the election by telephone and In person. should the need arise, until counting of the b~llols Is completed. Prov,ce unofficial results ol the electoo~ on election night by telephone or by facsimile transrnittaJ upon reoJest g UamtaIn a 11st of actual voters from tne Novemoer 4, 200B election, and upon request, generate a printe. list of the persons who voted following the election. The cost will be S.005 (11? cent) per name. h Store all voted ballots for a minimum of 25 n")nlhs, and an other matenals required by law (Section 1-7-802, C.R.S.) to be saved, In such a mar,ner that they may be accessed by the participating jurisdiction, if necessary, to resolve any challenge o.-other legal q· •qstions that might anse regarding the elettKlll. Keep a careful and accurate accounting of lime, supplies, printing costs and salaries attributable to the County's administration of the election for th( i-irisdlcllon. The participating jurisdictlorl's proportional share of actual costs shall • based on County expenditures relative to the November 4, 2008 eledion. j. Appoint, compensate, lnslruct and oversea the board of canvasser!. k. Appoin~ compensate, Instruct and oversee the judges of the election. m. t · 0. No later than 20 days p.ior to the election, provide the participating:·•• .dir:tnl test ballots of the jurisdic!Jon's ballot style(s) lo allow for testing of electronic vote-o::Jrij,,g equipment Publish and post the required legal notice pursuant to C.RS. 1-5-205 that Is published no later than 10 days priof lo the election for the junsdlC!ion's ballot issues, ballot questions and/or candidates. fnforce:faic-eampaign;f@;tjc;e:-ActtArfu:te::::fi:ot:Ittle:t-Gft:S;t:as::tt-re!ettt-to ~ ~ilef.◄,2008-elee\ioo. PrOV1de and operate the County's electronic vote-counting equipmenl There will be no charge for the pre-election preventalil,'e maintenance on the electro nic vote-counting equipme.,! for this election cycle. 5. The Po,ltcal S1.txHvision shall perform the following tasks in relation to said election, lo wit a. Certify the cand idates , II applicable and the list of ballot issues and/or ballot questions on a dlskelle or by email (with receipt confirmed by the County Election Department) In Microsoft Word formal along with a paper copy no later than 4:!)() p.m. on September 5, 2008. The ballot content mJsl he certfied In the order In Which It will appear on the ballot. I!li certified llsl of candidates. ballot issues and/or ballot questions shall be fjnal and the Counly will not be responsible for maklno any chances after the certlfic:atlon. b. Within one day of receipt, proofread the layout .ind the lei<! of the jurisdiction"s portion or lhe official ballots oorore authorizing the printing of all ''.lllots. c. Publish and post any required leg31 notices ror the jurisd1clion's candidates, ballot issues and.for ballot queslioos, other than the notice required by C.R~ 1-5-205 thal is published no later than 10 days pnor lo the election. A oopy of such pubhl>I , , notice shall be submilled to the County ror its records. d. Prepare, hand-count and deliver to th Cieri<., Ute required test deck or ballots ror 1esltng th!! electronic vote counting equtl' 10 later than October 17, 2008. e. Remll payment directly lo Arapahoe County within 60 deys of billing for lls prorated share of ALL COSTS re lating lo lhe printing and malling or ballots and all other election exoenses described In Section 4 I. Comply with the provlslc-ns of the Uniform Election Code ol 1992 (Articles 1-13 of Tille 1, • • C.R.S.). and the lime guide lines schedule as allached hereto as these re l2,te lo the • November ~. 2008 e'ection. Th, Poiitic:al Subdivision shall notify the County of any excepti:in oo later than 29 days ori<J< to the elecbon. g. The Poti•1cal Subdivision shall defend and resolve at its sole expense all challenges relative to the candid3les ballot issues and/or ballot questions as certified lo the County for l'lclL;soon ,n the November 4 2008 Coordinated E:ection • • • h Su:>mtt to the Count) a map ,denb'ymg the part,c,pat,ng Junsdociion s boundaries no tater than Jul)• 27, 2005 . Certify to the County. no later than August 20. 2008, the pohtocal subd1v,sions' legal boundaries from lhe Street List Lo:.ator provided to lhe political subdivision on July 30, 2008. J. Obtain and deliver a certified copy of the property owners' list for the Polilocal Subdivision, (if deemed apprJcable), that has been reviewed against the voter registration records In the office of the Arapahoe County Clerk and Recorder. k. Deliver all requests for absentee ballots to the County for processing Such requests shall be delivered or faxed~ to the Arapahoe County Clerk and Recorder's office. 6. The Political Subdivision avers that it has sufficient funds available in its approved budget to pay ~s prorated election e~:,enses for the November 4, 2008 Coordinated Election. 7. Unless otherwise agreed 1n writing, this Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of the State or Colorado. 8. Should any provision of this lnleryovemmental Agreement be determined by a court of competent Jurisdiction to be unconstitutional or otherwise nul and YOid, II is the Intent of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and effect 9. Notices to be provided under this In tergovernmenta l Agreement shaU be given In writing either by hand delivery or deposit In the United States man, certified malt, return receipt requested, with sufficient postage, to the following persons: Nancy A. Doty DEO Name: T,oucrishia A. Ellis AtapahOe County Clerll and Recorder TIUe: ~r 5334 South Prince SL Address: 1000 ~n @lewood Parkway Littleton, Colorado 8 0166-0211 City, St, Zip: Englewood I CO 80ll0 10. This lntergovemmenlal Agreement may not be modified, amended or otherwise altered unless mutually agreed upon In writing by the parties hereto. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS Susan Beckman, Chair ATTEST: Date Nancy A. Doty, Cooralnated Ele:ctlon Official Date JURISDICTION NAME : ________________ _ By Date Title :WO il A n 1p:1h11c Co 11111 ~· Coordina ted General El ec tion-Dates ror Citi es • 1>111c ~ Referenc e Jul>1~ l.a<t da) 10 noufy 1he co uni)' clerk of 1-7-11(15); 1-1-106(5), mtcn: Ill panic1patc m coordinated !GA j clccuon, submit map of legal houndancs. ~-July 30 I County clerk pro,·1des a copy of the !GA agreement ~?ndancs 10 ooh tical subd1v1sions ht1gus110 Certtfy lcglil boundari es to coun ty based IGA ~n mfonna1ion provi ded on July 30 ,\ui:ust 26 1:i.s1 div to sum IGA 1-7-116(2} September S Poht1cal subdi visions certify candidates 1-5-203( l ), IGA agreement and/or hnllot iss ues to clerk September 19 1.ast day to file pro/con comments on 1-7-901(4) •<>Cal ballot issues with designated elcet10n official Scplcmbcr 23 Pol iucal r.uhdi vision provide exact text !GA and other mformntion for ballot issues quc<uons to rou nt11 clerk October 6 Last day to rc gis1c1 to vole 1-2-201(3 ) October 6-I 0 Mail t-allot oackcts sent l -i.5-107/3)/c) • October 15 C<'unt) prondcs poht1cal subdivision !GA; 1-5-303(1), (2) 1-5 - ~•th finnl number of registered electors 304(1), (2\, 1-7.5-107/2\fh\ Approx Public test Oc tober 1- :JQ~t c TBl>> 1'ovembcr 4 Elccuon ll!!L_ • • • ORDINANCE NO. SFRIES or :m~ II\ \I I lit 11(1" I I ll ,1 II 1111 I ,11 <u I\ 11<!/lll I 'I ll 11\ I 'Cll'S:l II \II \1111 k 11\1'l 1 \ AN ORl)l'I/ANC'I-Al I IIORl/1'l, \\ 1\111<1,11\ I k"II \ I \I \1,ltl I \If" I RFGARDIN(;TIJE~IM17t,lt\S:I Ol 11111 \I !ll lllOlllt\llllllR\IXlll f'.\11\ 1111 BOARDOFl'Ol,:S.l\ cmt~IIS',Jl):-,.J I(', (!I 1111 l Ol \I\ (lf \1(,\1'\I 11. \(ll 'III SUllURDAN PARK 1\ '1/U RI l RI \I h l\ lllS I RI( I, II II t'II \ Ill 111 II FI 11'1/, GREF'l/\\'00D \'lLLACil·. {lll·RI(\' 11111 S \'II I \(ii . 1111 r·11 \ or Siil ltlll,\\. I Ill (II\' OFCENTEN'I/IAI. 1111 SOl,TII Ml IROl..\:S.llt<ll\~l'R\l,\Nl \', 11 11 ~Olll ll SUDURllAN PARKS l'OI /NDAI 10:-.. rtll nn OR ,\ll<I \\ ,n R CONSl·R\'Al ION HOARD. TIIE URBAN DR"1NAGI: ANIH I OUDCON' ltOI DIS1Rll1. 1111 I Rt:S I H>R PUlll.' LAND. A.'<D TIIF CIT\' OF ENG i E\\ 001 ). COi OR,\I)(} 1,Nl 11 1.1:IJ "Sl >lJI 11 Pl A l'rE GREENWAY LEGACY l'ROJEC1 -PARTNl:RS At.REf \lE1''T' \\'llEREAS. th<, members ofthi< roahuon \\lllch os knlm'TI as the South !'lone WN~ing Group ("SPWG"). is a coahtion including as members all incmbcn. of the rn ., ,en,; •nd WHEREAS. the Panncrs of the coalitoon subinined an Apphrn110•,, lh I llu1doors Co lorado ("GOC'O"I for a grant for the South Plane Qrec,1""! Lt.-i:a-~ f •'·'"'". 'l'mJc'Ct") ,n August 2007: and WII ER.EAS. the pu!Jl(ISC of the l'roJCCt ,s to undertake a m.,jor effon to h<,auufy the S1>uth Plane R1, er Comdor w11hon Arapa'b : County and bring cttltanecd connl'Ctl\ ti) It> the r,-cr,-:i11on trails and "1ldlife habt1al in the rci;io~; nnd WHEREAS. the GOCO Applicmion was approved n11d a gmm totnhng 5 ~5 nnllH•n d,,llan. \\OS o\\nrdcd. suhJCCl to the si~'lling of A Lei,-ncy l'mJtcl Om111 Agreemcm h,•1wccn the County, n, Primary i\pp hcant Md Gramee. and GOl'O ("GOCO .\~'fl.'<•111<:111"1; and WIIERF.AS. os a cond111on prcccdem 10 the cxe..-u11M or 1!1c <;oco Agreement and the rccc1p 1 Mthc gram funds the Pnnners arc rcqutr,'tl hi ,.,,1,., 111111 a l'nnnl'f> Ag.-...,nent II htch sel> fonh ho\\ 1he Pnnncr, 1111! work wgcth,., 10 od1111 111>1cr 1h,· 1•,.,1c-c1 . and WI IUU:AS. the l'onncrs desire 10 enter 11110 lhts Aiµ 11<:m 10 M:I f,,nh 1hc1r Julies ond rcspon.~ibil111cs with respect 10 th e l'WJCCt 111 order 1<• cn,urc ,, ,uccc~, ,,f 1he l'r,,jc.., and to facilirntc Ilk! rcccopc Clflhc GOCO i:rn111: KOW. I IIERHORI:. 131: IT R FSO! VI:!) II\' l'I II· l'I I Y l'Ol Nm or f'I 11: c·n Y ot- l·NGLFWOOD. COLORADO. Tl tt\ T ~ This Ordtn111cc hereby •rrr<>p rin1e, all nl-cc:hary fnnds for the "'""'i•led matching e.,,,, for !llOS. Inc obhgo11ons of 1he t•anner< ,hall 1101 con,111u1c o muhtplc-fisco l ycnr dtrcc t or ind1rcc1 dcbl or other finonr,al ~bhgation or any obh~ouon pn)ablc on any liscnl year beyond 1hc li,cnl ) car for" h,ch fund, nrc n11pr1•1mn1eJ i\,r the payment of currcm year c.,pcnditurc,. 11,t l'anncrs undcrs1and 3nd ngrcc tha1 the llud~c, for 1hc PrttJ•'Ct may net-<l Ill he amended from 11111c In umc after full opponunit> for diS<"u,\11111 anx•n~ all .,ffcc1cJ l':lnnc~. "'" 9bviii amcndmen1 to the Rud get ,hall be undcna~,'11 uni.,, th.· Jb'l"ttll1t'tll ot •II Panner,; "hos, financial rnntnhutmn 11111 he 111crca,cd or rc,illocated h) the :11m·11dmc111 hos hccn 1•h1aincd. Scs:uon 2 The lntergo,·cm,ncnral A~f<Clll<'tll cnutlcd ··S<>Uth Plane Gr<'1.-nwai I Cga<:) ProJCCI -Panne" As,eement". ouoehed hrrcto as Auach111e!II I. ,s hcrch) occcptc-d nnd oppw,cd hy the Englewood C11y Cl'unc,I ~ The :'\la) or and Cit) Clerk arc hereby nuthon,cd to Sib'" and attest ~•d Agreemen ts for nnd on hcha lf of the City of F.11glcwc\Od, Colorodt> Introduced. read in full. and passed on first reading on the 21st dny of Ju ly. 1008. Published as a Bill f11r an Ordinance ,n the Coy's oflicial ne,,spapcr on the 25• day of July. 200S. Published as a Bill for an Ordinance on the City's official ,·cbsitc beginning on the 23rd day of July. 2008 for thin) (30) days. Read by title and passed on finnl reading on the 4th day of August. 2008. Published by tule in the City's official newspaper as Ord111once No. _. Scnrs of 2008, 01, the 8th day of August, 2008. James K . Woodward. Mayor AlTl:ST: Loucrishia A. Ellis. Cit) Clerk I. Loucnsh1a A. Ellis. City Clerk of the Cny of Englewood. Colorado. hereby ccnify that the above and foregoing is a true copy nfthc Ordinance i,assed 011 final rending and published by title :is Ord1nnncc No. _. Senci< nt WOS. Loucrish1n A. Ellis • • • • • • SOl'TH PLAHC GR.EEJ1,WA Y LEGACY PROJECT-PART 'ERS AGREEMENT This South Platte Greenway Legacy Project -Partners ! . .,,eement ("Agreement"), is made and ent ered into by and between THE BOARD OF COUNTY COMMISSIO ERS OF Tl-fE COUNTY OF ARAPAHOE , a political subdivision of the State of Colorado (the "County"), the SOUTH SUBURBA PARK AND RECREATION DISTRICT, a special district organized under the laws of the State of Colorado ("SSPRD"), the CITY OF LITILETON, a municipality and political subdivision of the State of Co lorado ("Littleton"), the CITY OF ENGLEWOOD, a municipality and political subdivis ion of the State of Colorado ("Englewood"), GREENWOOD VIl..LAGE, a municipality and political subdivision of the State of Colorado ("Greenwood "), CHERRY Hil..LS VILLAGE., a municipality and political subdivision of the State of Colorado ("Cherry Hills'), the CITY OF SHERIDA , a municipality and political subdivision of the State of Colorado ("Sheridan"), the CITY OF CENTENNlAL, a municipality and political subdivision of the State of Colorado ("Centennial), the SOUTH METRO LAND CONSERVANCY, a Colorado non-profit corporation ("SMLC"), the SOUTH SUBURBAN PARKS FOUNDATION, a Colorado non-profit corporation ("SSPF"), the COLORADO WATER CONSERVATION BOARD , an agency of the State of Colorado ("CWCB"), the URB. DRAINAGE AND FLOOD CONTROL DISTRICT, a special district organized under the laws of the State of Colorado (llDFCD") and THE TRUST FOR PUBLIC LAND, a non -profit corporation ("TPL"). (The parties to this Agreement will sometimes herein be referred to individually as a "Partner" or collectively as the "Partners.") WHEREAS, the County, on behalf of itself and the members of a coalition which is known as the South Platte Working Group ("SPWG"), which coalition includes as members all of the Partners herein, on or about August 28, 2007 submitted an Application to Great Outdoors Co lorado ("GOCO") for a gran1 for the South Platte Greenway Legacy Project ("the Project"); WHEREAS, the purpose of the Project ii. to undertake a major effort to beautify the South Platte River Corrid.>r withm Arapahoe Cow1ty and bring enhanced connectivity to the recreation trail s and wildlife habitat in the region, as more fully described in the Application subniined to GOCO; WHEREAS, the Application to GOCO was approved and a grant totaling 5.25 million dollnr s was awarded, $objec t to the signing of a Legacy Project Grant Agreement between the Co unty, u~ Primary Applicruit and Grantee, and OOCO (the "GOCO Agreement"); WHEREAS , as a condition precedent to the execution of the GOCO Agreement and the receipt of the grant funds the Partners are required to enter into a Partners Agreement which sets forth how tlie Panners will work together to administer the Project; WHEREAS, the Partners de si res to enter into this Agreement to set forth their duties and responsibilities with respect to the Project in order to ensure the success of the Project and to facilitale the receipt of the GOC'O gran t. -~ C H M E N T l 1OW, "'.":-IEREFORE, tl1 e ?arm ers hereby agree as foll~ws: I. G,anr Aa'm ims:ra11on: The Partne~s understand and agree that pursuant to the GOCO Agreement, which is anticipalf.d to be executed after the execution of this Agreement, the Co unt y's Open Space Manager (c urrently Bob Toll) sha ll be designated as th e agent on behalf of the Patmers for purposes of overall administration of th e Project, and that the County may in turn employ TPL to assist with such administration . However, not withstanding the foregoing, it is further understood that eac h Partner shall be responsible for taking the lead on managing and executing certain individual projects as identified in Section 4 below. 2. Work P!:in!Time!ine: Attached as Exhibit I to this Agreement is a Work PlanlTimeline fo r the Project. The Panners agree to use their best efforts to work together to accomplish the Work Planffimeline within the titneframes stated therein. The Partners understand and agree that based on subsequent deve lopments, and after full opportunity for discussion between the affected Partners, the Work Plan/Timeline may need to be amen ded from time to time . 3. SPWG: The Partners agree to continue to use the SPWG as a forum to discuss the ongoing impll'."nentation and administration oftbe Projer• 4. Implementation of Work Plan/Lead Partners : The Partners agree that each major component of the Project shall have a Lead Partner or Partners who shall have primary respo nsibility for • implementing and managing that rompo nenl The Lead Partners for the major components of • the Project are as set forth in the attnc!J ed Exhibit 2. It is understood and agreed that the Partners anticipate that for each major component of the Project that a separate agreement may be entered into by and between the Partners irvolved in such component that will describe in greater detail the Partners' individual respons:011ities with respect to acquisition, funding, development, maintenance and/or stewardship . 5, Funding: Tne Partners agree to contribute the match funds described in the Budget attached as Exhibit 3 to this Agreement, subject to annual appropriation by such Partners. The obligations of the Partners shall noi constitute a multiple-fi scal year direct or indirect debt or other financial obliga ion or any obligation payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment of current year exp~ndirures . The Partners understand and agree that th e Budget for the Project may need to be amended from ·ime to time after full opportuniry for disc uss ion amon g all affec ted Pwtners . No wnendment lo the Budget shaU be unde11aken unless the agreel1lem of all Partners whose financial contrib ution will be increase<l or reallocated by th e amendment ha~ hcen obtained. In regard to l!DFC D only, the following additional co nditi ons app ly to its agree men t to co ntribute the match funds de scrihcd in Exhibit 3: a) the Project or ponion thereof meets UDFCD participation requirements ; b) the Project or portion thereof has been requested and prioti tized for r.ompletion by the mem ber local go vernment of UDFCD and c) sufficient f. must be available in UDFCD's current budget for completion of th e Project or portion thereo f. 2 • • • • 6. Compliance wi1h GOCU '" , ·mcm I: u:ipl•m•n:mg the Work P11111, and in acquiring an<! maneg mg properties and projects that art fun: ~d at least it, part with GOCO funds, the Pannets agree to com;:. .. v with al l applicable o~li1t1do~s and rc;iuirements of the GOCO Agreemen1. including the use restriction and refund provi.,i •·.s. Any obligation of a Partner to comply with the use restriction and refund provisions of th e OOCO Agreement shall ~urvive the termination of this Agreement with respect 10 an y property that is acqui:ed by such Partner at least in part using GOCO funds. 7 Term· This Agreement shall become effectiv~ upon the sigaarure of all of the Partners an.i .i/lal. remain in force until December 31, 2010, o; until the Project is completed, whichever is later. 8. Termination: The Partners cnu:r into this Agreement in a spint of cooperation and pa1tnership. However, where a Panner is una':>le to continue to participate because its objectives cannot continue to be met or b-..cause of a Jack of funding, such Par!Iler may cease its participation by providing notice oftenninatioc at lca<;t sixty (60) days prior to the effective date. Termination by on~ or more Panner~ does not terminate the Agreement as to the remaining !'o . ."tners 9. Funding of Stewardship, Operations and Maintenance: Unless provided otherwise in a separate agreement governing a particular component of the Project, it shall be the responsibility of each Lead Partner to asswnc the necessary ongoing stewardship. opcratioa and maintenance for their respective components of the Work Pl1m. 10. Publicity. 'with respect to any components of the Project that involve the expenditure of County Open Space Sales and Use Tax dollars, the Partners agree 10 acknowledge the County as a contributor to the Project in all publications, news releases and other publicity issued by the Partners related to the Project 1f any events arc planned in regard to the Project, the County shall be acknowledged as a connibutor ia the invitation to such events. The Paitners shall cooperate with the County in preparing public information pieces, providing photos of the Project from time to time, and providing access to the Project for publicity purposes. 11. Signs: With respect to ai1y components of the Project that involve the expenditure of County Open Space Sales and Use Tax dollars, the Partners agree to erect and maint ain at lrJst one sign in a publicly visible 111""...a in recognition of the donation from the Arapahoe County Open Space Program. The location, form, design, and wording of such sign shall be approved by the County and the Panner{s) with jurisdiction over such signage. Such sign shall be erected prior to the completion of the applicable component of the Project or its public c,pening, whichever is earlier. 12. Reporting Assistance and Record Kttping-. At the request of the County, the Panncrs will provide such information and documents as reasonably may be reques ted for purposes of providing reports to GOCO or the Board of County Commissioners. Further, the Partners shall maintain a complete set of books and records doct•menting their use of GOCO funds and all Project expenditures. The County or any of its duly authnrized representatives shall have reasonable access to any books, docwnents, papers, and records which arc pertinent to the Project for tl1e purpose of making an audit, examinat:on, or excelJ)ts. The Partners shall keep all 3 bvol;s, documents, p:pe:s. and re.:ords, which arc pertinent 10 :be Proje:::. for a mmumim o: iivc years. 13. Third Party Bcnefic,arics: There are no intended third party beneficiaries II' ~s Agreement Nothing in thi~ Agreement shnll give or al low any claim or right of action whatsoever by any third pany, including, but not lim ited to, any agents or contractors of the Partners. i 4. Scvcrabiliry: Should any one or more provisions of this Agreement be determined 10 be illegal or unenforceable, all other provisions neverthe!ess shall remain effective; provided, however, the Partners shall forthwith enter into good faith negotiations and proucd with due diligence to draft a provision that will achieve the original inten: of the Partners hereunder. 15. Amendmems. This Agreement may be amended, modified, or changed. m whole or in part, only by wriaen agreement duly authorized and executed by the Paruiers. 16. Venue. Venue for :he trial of any action a.,isi ng out of any dispute hereunder shall be in Arapahoe County District Cowt, pursuant to the appropriate rules of civil procedure. 17. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. • l 8. Errenr of Agreement. Thi! Agreement constiru1es the entire agreement of the Plll'tllers. The • PartDers agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein. that this Agreement constitutes the eolire agreement of the Partners with resp"..Ct to the subject matter hereof, l:Dd further agree that the various promises and coveoanis contained herein are mun111ily agreed upon and arc in consideration of one another. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an origirutl and all of which taken together will constirute one and the same agreement. 20. lncorporation of Exhibits. Unless otherwise stated in this Agreement, wiy exhibiis, npplications, resolutions, o. otl1er documents referenced in this Agreement shall be incorporated by reference into this Agre::ment for all purposes. 21. S1w1.11urcs. The signatories 10 this Agreement represent that the) arc fully authorized to execute this Ag)ffincnl and bind their respective entiti~ 4 • n,; V,'!J'NESS WHEREOF. the undersigned Panner has executed this Agreement as of the date se1 fonh below I),' T-•) this __ day of ________ ~ 2006. -.TTEST· By:._...,,.,-,-_----- Cit) '":letl. :..Oucrisl ,a A. Ellis CITY OF By:. _________ _ Name -James K. lioodward Title -Mayor • [1hib11 I • \\ orl. Pl:rn'f1melrnt Work Plan!Ttmttme. I I j Prnja:J ,.·amt I Deser,ptlnn 1/c.tpnnslhle hr(I' ra,1,1 Comn/tfi(,n Dalt PROJECT GROUP I • !.AND CONSER VA Tl ON A Enso; property ' a:tt fet pur..hi,sc Littleton 12009.2010 i buffer ~nd enhancoments S1cwardsh1pl S1ewardsh1p'Maimenarn:e SSPRD Annually J.lamtcnanct B Oxbow Propert)I Z.8 IICl! ru,chase Toe Trus1 for Public Closed 11 /07 !.lnJ Stcwardslupl St....,.'aldship/Maintenance SSPRD Annually Maintcnanc, C South Plane 10-20 acres fee pw-chasc or TI'L, SSFRD, 2010 ri verfront conservation easement Sheridan, and Arapllhoe Coun:, Stcwardsiuol Maim•~• Stewa,dship/Maini=mce SSPRD Annually D LeeOulcb S-a:n: fee purchase TI'L, SSPRD, 2009-2010 LiUl:lon, !:MLC Sre-,,ardshipl Stewanlship/Maintenance SSPRD AMually • Maintmanct E CWCB 25-year Cons ervau on Easement(s) CWCB,SSPRD 1010 Prooerties Stcward!hlpl Stewanlsltip/Main1enance CWCB,SSPRO Annual y MClUl/111"111::t F Fire Training I-acre fee pun:hasc 01 trail easement LiUle10n, EnP.,lewood 2008-2009 Center and The TNSt for Public '...and S1cward!h1p1 Stewardsh1p1Maintonance SSPRD Annulllly Maintenwi::t 0 Murrny 2-5 acr, purchase along Big Dry Creek The Tr.st for Publk 2008-WlC proi,em, Land Stcward!h,pl S1.:wardsb1p/Maintenam:e Linle11111, Soulh AMually Maintena11cc Suburlr.in, l'nnlcwood I High Lh1t Canal I S-20 ..,,, co11servnt1on easement alon,; The T1ust for Public 2008-20()() Conservation High Linc Cannl trail Land, 3reenwood Easement Villn~e Stcwardshl/1/ Conservation Easement Mom1orini; South Me1ro und Annually Maintenance Co,iwvancv PROJECT GROlTP II -RECRSA TION IMPROVEMENTS J Superchi Tral! •~' Wetland enhancement, SSPR.l> 2(08-2009 narl:m2l01 Stewardship/ Trail Maantonam:e SSPJ!D R :gular basis. Afaintcnrmu • K O>Cford bike Trail C011Jtruc1ion and enhancement Engle"ood, TIP 2(l08-2009 pnth/pedesiri nn Fundin;. Sheridon b,idi,e Stew,,.ds:.::p' Trail Ma imenan ce SSPRD Regular Basis .Main:cnan ;t. I L Dartmouth bike Trail construc1ioli and enhawement Englewood. TlP 2008-2009 path/pedestrian Funding bridtte Stewardship/ Trail Maintenance Englewood Rr.gular Basis Main:e nance M Carson Na tu re Facili ty im pro ,·e1ne111s SSPRD 200R-2009 Center Stewardship/ Facility Maimenance SSPRD R~gular Basis J.{amtcna~e N South Plane Trail construction and enhancem ent Sh eridan Completed 1/08 pedestrian bridtte Stewardship/ I Trail Maintenance SSPRD Regu lar Basis Mainrcnan ct 0 Big Dry Creek Trail and underpass improvements South Suburban 2008 trail-Broadway Foundati .,n, UDFCD , connection Englewocd, SSPRD, Centenniul Stewardsliipl Gieeoway Maintenance SSPRD Annually Malnrenan:• p Big Dry Creek-Trail construction and enhancement Greenwood Village, 2010 Clark..onto A rnpahoe County, High Line South Suburban Foundation, UDFCD Stewardship/ Trail Maintenance GJ'l!Cll wood Village Regular Bas is Ma inrcnance Q Big Dry Creek-Trail construction and enhancement SSPRD, Centennial 2008 -2009 Ccntcnnia! Stewardship/ Tr.iii Maintenance ESPRD R,.gular Basis MainJenmict R Little Dry Signage , trail constructi on and Engl ewood 2008-2009 Creek~ 1;ush in1~ enbw,c!:ment Parit 1: Littl e Dry C:-eek Ph.za Stewa,·d,hilll Maintenance Englewood Regular Basis Mainlcnan ;,, s Little Dry Li ttl e Dry Creek trail construct io n and Greenwood Villa ge 2009 Creek -enhancement and Cherry Hills Bell"·iev. Village Unde rc misin£ S1cwards11crl Trai l Maintenance Cherry Hills Village, Regul11r Basis Maintcnun'c.c Greenwood Villa~• T Bear c~:er. trail Brirtge construction end trail SSPRD, Sheridan 2008 enhancement Stewar, /sh1crl Trail Mai11tenance SS PRD Regular Basis Maintcrian~t • Cxhibit 2 -Lead Partners Prnjecl GrnuI! I -Land C'n n~e n ·ation Project Lead Partner A~e ncv A Ensor property buffer and enhancements Linleton B. Oxbow Wetlands (project completed -2007 ) South Suburban Park Rec Dist. · ;:. $1)uth Platte Riverfront Trust for Public Land D. Lee Gulch acquisition Trust for Public Land E. CWCB Properties easements Colorado Water Conserv. Board F Fire Training Center-buffer / trail Littleton G. Murray !'ropcrty acquisition Trust for Public Land l. High Line Canal Conservation Easement Trust for Public Land • Project GrOU(! 11 -Recreation Jm11 rovements J. Superchi trail, wetland, parking, enhancements South Suburban PRO K. Oxford bi!-.• path/pedestrian bridge Englewood L. Dartmouth bike path/pedestrian bridge Englewood M. Carson Narure Center facility improvements South Suburban PRO N. South Platte Pedestrian bridgr Sheridan 0. Big Dry Creek trail -Broadway co nnection South Suburban Foundniion P. Big Dry Creek trail-Clarkson to High Linc Greenwood Village Q. Big Dry Creek trail -Centennial South SubUJban PRO R. Little Dry Crk trail -Cushing Pk to LDCk Plaza Englewood • S. Little Dry Creek trai l -Belleview undercrossing Greenwood Village T. Bear Creek trail pedestrian bridge Soul.i Subutban PRO Exhibit 2 -Lead Partners Project Group I -Land Consen·atio o Pro ject A. Ensor property buffer and enhancements B. Oxbow Wetlands (project completed -2007) C. Solllh Platte Riverfront D. Lee Gulch acquisiuon E. CWCB Properties easements F. F :aining Center -buffer I trail Lead Partner Agenc,, Littleton South Suburban Park Rec Dist Trust for Public Land Trust for Public Land Colorado Water Conserv. Board Littleton G. Murra y Property acquisition Trust for Public Land I. High Line Canal Conservation Easement Trust for T·ubli c Land • Project Group D -'Recreatio1 lmpmvements • J. Supercbi trail, wetland, parking, enhancements South Suburban PRD K. Oxford bike path/pedestrian bridge Englewood L. Dartmouth bike path/pedestrian bridge Englewood M. Carson Nature Center facility improvements South Suburban PRD N. South Plane Pedestrian bridge Sheridan 0. Big Ory Creek trail -Broadway connection South Suburban Foundation P. Big Ory Creek trail -Clarkson to High Line Greenwood Village Q. Big Ory Creek trai l -Cen1ennial South Suburban PRD R. Little Dry Crk trail -Cushing Pk to LDCk Plaza Englewood S. Little Dry Creek trail •• Bell eview un dercrossing Greenwood Village • T. Bear Creek trail pedestrian brit..,e South Suburban PRD U'iCSOf' ruHDS ~••r~1•-i.... , .... . ~~"' ·==· w,_o.t,;1__ l"'-ll_ .·-= rr!!.!_.._~•" -. I""'• l. • .ftt"'-' -· .. ,., -I ~-' ..... ,. ,,.._ 'I c,., tel>-. .... . .... c-.. ... J, t , w o .. nigl,c ••• l•ph•••tetlo:f C.p.;!!.!Z,. ,-.. r ,_,~., .... D(1/'(.11l:.DL.Af(DT#Y u;all, ...,,. ·--~a.a--, .. ,....,_ .... t' • c-. .... 1 .. a.,1 ... .... ... ... .. c.,t, EXHIBIT 3 PIHJ.JECT IIVlJGIIT S..tb ra.uc Cnc•"•J w&,llcr -c;oco~('--"1 QKV •-"OCD-r-, \.,_st--, {f'Ubj -· -·, I ,.,,.., """ ~--,.,-. .. ,.,,kit r.,_. Atelel ..... )Sf.000 ~~ J.!,._'-ffll ..... ,,, ...... 7J.., , ... ,,._ ,,po..,, .. ,..., t 10:ru, !!!'.-•~!DI ,,.,,,_ ..... . ... , "'"" ~.., " '!!."" !,!JG,IX:lll '""" --.,,_ .. ,-·""""" ~~ -... ... ,,._ ..._.., 1----,!.m. ... --~ J ..... .. ,,-~ ?~ ,--.. , ... -~ ~-... _ __!!,_ .. -~ ---"="" -~ IL! JI --;;;;;,;;;; ... . ,_. • .DDIII 17 Jiu.e,N H.JIU~ • • • • Lou Ellis To: Kerry Bush, J~anne Kelty Subject: FW Rec Cenler Tile Contract from: Leigh Ann Hoffhines Sent: Thursday, July 31, 2008 2:25 PM To: Gary Sears; Dan Brotzman Pngc 1 nf 1 Cc: Lou Ellis; Dave Henderson; Rick 1<3hm; Mike Flaherty; Sue Carlton·Smlth; Nancy Reid; Nancy Fritz; Susan Werntz subj ect: Rec Center TIie Contract FYI -We do not have a signed contract lrom Colorado Floorworks, Inc. (agenda Item 9 c I -ERC locker room tlle work). The company was supposed to have ,t to us by noon, but when we didn't receive It by 2 pm, ! went ahPad and ran the packet without a signature on the contract. On the slim (we hope) chance that the company backs out, wf! may have to pull the Item Monday, Thanks to Dave for his efforts In this matter. Thanks, LA Le19h Ann Hofflllnes Communkltlons (O()(dlnltOt ..:Jtr ot f nglewooa 1000 Englewood P1rkwav E"9lewood, CO 80110 l03·762 ·2l16 -. ...... , ... -....OOdgOvO<]I 8/2/~008 • • • COUNCIL COMMUNICATION Da te: Agenda llem: Su bject: August 4, !008 9 Ci Recreation C ent~r Loc~er Room Fl00tm11 Replacen11·111 Init ia ted By: I Stoff Source: Department 01 Public \\'()(ks R1<~ l(ahm. Public Works Diree1or COUNCI L GOAL AND PREVIOUS COUNCI L ACTION Council approved an appropnJtion 10 replace the Recreation Center locker Room Flooring in the 1008 C.ip11al Projects Fund budget RECOMMENDED ACTION Staff recommends app ro,·,11. by motion, of a contract for the purchase and installation of tile In the Men's and Women's locker rooms al the Englewood Recreation Center and auth'lrizing the Oiredor of Public Works 10 execute the c-ontrart. Staff recommPncls awarding the contract to the lowes t acceptable bidd er. Colorado Floorworks, Inc, In the amount of $45,106, BACKGROUND, ANALYS IS, ANO ALTE RNATI VES IDENTI FIED TI,e ex1st1ng locker room flooring is a poured, seamless, epo\y coated ,urface. This 1loorn1s s1•stem WJs 111stalled in I 997 and received a new topcoa t of ~PO~\' in 2004. We have e~perlenced some discoloration and bubbling of the surface In ·" aa<. The discoloratton ~ co,melK, hO\, e.. er, Recreation Center stafi re• el\ ed complaint> Jnd concerns that the dist olorallon mar be relat ed to mold. B11bbling of the surface may lead 10 sharp edges ,md s,,foty concerns. Stafl ,et,llned the sel\ tet-S ot Barker R1n~er Seacat Ar.h11ect, toe, aluate the oloonng sys tem ,1nd prO\lde recommc11dations. Alternatives 1mesl1ga ted oncl uded ,•pox;-. atryllc. \\elded rubber memhr,llle non-slip spra1•on. etched concrNe, and 1arious s1lt>S ,md ~Pl'S ol tile Barke, R1nk1,r ~e,1c.,1 ft'Cmnnwnded remo\lng tlw epo,1 lloor and mslalling unglawd 11le. T\\o Inch sqU,lr<' tile, .ire 1et onin1ended t,,r the locker .ireas and one ,nch illl•1 in the shm, e,s. The one inch ti les f,,nd .icld11tnn,1I grout hnes) \\ ill pro, ide incrt'a,ed protection irom shps ,mJ r.,lls in the sho" ers. TI11s 11rojec1 ",II l•e performed du11ng 1he s1 hedu led dosure ol 1he Relreato on Cenll'r be11wen Augu,i 1J'·1 and Sep1ember I " Bid docunwnts included requlrcmenb th,ll co111r,1ctors nwet this M.hedule, "ork1ng nights ,md multiple shuts ,'5 needed. \ Ve a<h ertised the proJect on the Ro..k1 Moun1a111 E•Purchasmg sys lem. 111 , endors were noll!led of the mand,i tory p1 c•hid confere nce on luly 15'1. Un lortuna tely. no contractors allended. Stall personally contacted 1\10 comp,m1, , 1ecommendt'd b\ 0111 .uch,tell. .,Ion~ w11h a I~" tile comp.mils "e h,11 e "urked with 111 1he P•"' These 111m, 1,cr,• 111\lled 111 ,ubrr.11 proposJI, 111 co 1110rmance ,, 11h 1he plan~ 1llld sµ~\.11u. ,11u,1t). Rutlt ot the urrn\ tPt onunt1 nrlttd h, 6:1rker Rlllke, • Seacat submmed Imipmal1. The oth er 11rrn1 \\l' <(111t.1ued stated 1he1 wuld rmt pertorm th e \\tJrk \I ithin th e allO\\ ,1h le timr. FINANCIAL IMPACT Two btds \\ ere rece11 ed as shm, n belm, Colorado Floo"' orks Acierno-Boyer & Company Detailed bel01, are the costs associated \\ ith the proj~ct: Colorado Floo"' oru, Inc Barkf'r Rinker Seacat Architects (esllmated) Tolal Estimated Project Costs $50,000 is budgeted for tlris project in the 2008 Ca pita l Projects Fund IMYCP). LI ST OF ATTACHMENTS Con1rac t Form $45.106.00 $49,103.09 $45.106.00 ....:!.1Q!M!Q $49,606.00 • • • • • CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and enlered into lh1s 4th day of August , 2008. by and between the City of Englewood, a municipal corporauon of the State of Colorado hereinafter referred 10 as the ·city". and Colorado Floorworks, Inc .. whose address 1s 1741 Wesl 64'" Lane, Denver, CO 80221. ("Contractor'). Commencing on the 16"' day of July, 2008 and continuing for at least ten (10) days thereafter lhe Ctty advel11sed that sealed proposals would be received for furnishing all labor, tools, supplies, equipment. materials and eve1ythmg necessary and required for the following : PROJECT Englewood Recreation Center Locker Room Floor Replacement WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been cet11fied by the Director of Public Works to lhe Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowe st reliable and respon sible bidder therefore, and WHEREAS. pursuant to said recommendation lhe Contract has been awarded to the above name Contractor by the Mayor and City Council and sa id Contractor Is now willing and able to perform all of said work in accordance with said advenisement and his proposal. NOW THEREFORE , in consideration or the ccmpensation to be paid the Contract, the mutual agreements hereinafter contained: A. Contract Documents It is agreed by the parties hereto that :he following hsl of instruments, drawings and documents which are attached or incorporated by re fere nce constitute and shall be referred lo either as the Contract Documents or the Contract and all of said instruments. drawings. an.I documents taken t119ether as a whole const1lute the Contract between thf' panies herelo 11no t'ley are as fully a pan or this agreemenl as if they were set out verbatim and in fu ll : Invitation to BK! Conlract (this instrumenl) Insurance Specificalions (Section 09300) Drawing sheet A600 B Scope of Work· The Conlractor agrees lo and shall furnish all labor, tools. supplies, equipment. matenals and everytl\1ng nec.issary for and required to do, perform and complete all the work described, drawn, set forth, shown and included 1n said Contract Documents Work includes accent tile medallions and waterproofin\j shower area only. C. Terms of Perfor,nance: The Co ntractor agrees to undertake th e performance of the work under this ,;ontract from being nolified lo commence work by the Director of Public Works and agrees to commence work on August 23, 2008 at 6:00 P.M. and to fully complete said work by 6:00 P.M. September 1, 2008, plus such extension or exlenslons or time as may be g rantad by l he Direcl or of Public Works in accordance with the provisions of the Contract Documents and Specifications. D lndemnif1cahon The city cannot and by this AgreemenVContract does not agree to indemnify, hold harmless. exonerate or assume the defense of the Vendor or any other • person or entity, for any purpose. The Vendor shall defend. mdemr,,fy and save harmless the City, its officers, agents and employees from any and all claims, demands. suits. actions or proceedings of any kind or nature Induding Wor1<er's Compensation claims. ,n any way resulting from or ansing out of this AgreemenVcontract: provided, however, that lhe Vendor need not 1ndemn1fy er save harmless the City , its officers, agents and employees from damages resulting from the sole negligence of the City's officers. agents and Employees E Term1nat1on of Award for Convenience . The C,ty may term,nate the award at any hme by giving written notice to the successfu l vendor of such termination and speetfying the effective dale of such lerminabon. at least thirty (30) da~~ before the effective date of such term1nabon. In that event all finished or unfinished service, reports. material (s) prepared or furnished by the succes·sful firm after the award shall, at the option of the City, become its property. tr the award Is I· ,rminated by the City as provided herein, the successful firm wdl be paid that amount wtuch bears the same ratio to the total compensation as the services actually pelformed or rnatenal furnished bear to the total services/ma lerials the successful rirm covered by the award, less payments of compensation pceviously made If the award Is tenmnated due to lhe fault of the successful firm, lhe dause relating to termination of t'1e award for cause shan apply. F. Term ination of Award for Cause: If, through any c.ause, the successfu l firm shall fail to fulfill in a timely and proper manner its obligations or d the successful flflTI shall VIOiate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the aw&rd by giving written nollce lo the successful firm of such • termination and specifying the effectiw dale of termination. In that event all furnished or unfinished seNices, al the option of the City, become tts property, and tt·.e successful firm shall be entilled to receive just. equitable compen sation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstandmg the above, the successful firm shall not be relievet1 of the liability to the City for damages sustained by the Clly by virtue of breach of the award by the successruI firm, and the City may withhold any payments to the successrul f1m1 for the purpose of set off unhl such lime as the exact amount of damages due the City from the successful firm Is determ ined. G. Terms ol Payment: The Clly agrees to pay the Contractor for the pelformance or all the work required under this contract. and the Contractor agrees to accept as his lull and only compensation thereforE>. s 'JCh sum or sums or money as may be proper In accordance with the pnce or pnces set forth in the Contractor's proposal allac.hed and made a part hereof, the total estimated cost thereof being Forty Five thousand one hundred six dollars and no cents. ($45,106.00). H Appropnahon or Funds. At present, $45,106.00 has been appropna\ed for the pro1ect. Nolwllhstanding anything contained in this A[!reement to the contrary, In \he event no funds or Insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable m any lollowmg fiscal penod for whlCh appropriations were received without pllnalty or expense except as to those por1ions of the Agreement or other amounts for which funds have atready been appropriated or are otherwise • • • • available The City shall 1mmed1alely notiry lhe contraclor or its assignee or such occurrence in the e~ent or such terminat10n Contract Binding It is agreed that lhis Contract shall be binding on and inur& to the benent or the parties hereto. their heirs, executors. admImstrators, assigns, and successors. J Liquidated Damages Owner and Contractor recognize that ltme is of the essence in thi~ Agreement because of the public intarest in health and safety, and that the Owner will suffer financial loss. lncon•1e nlence, and leve l of treatment degradation if the Work Is not complete within the time specified In the bid documents, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the dela ys, exp ense and dlfflculties Involved In proving , In a legal proceeding, the actual loss suffered by Owner if the Work is not complete on bme. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay Owner $1000.00 for each day that expires after the me specified for substantial completion until the Work Is complete, and $1000.00 for each day that expires after the time specified for final completion until the Work Is fi11ally complete. K Contractor's Guarantee, The Contract?r shall guarantee ,hat an tile work and associated incidentals shall remain in good order and repair for a period of one (1) year from all causes arising from defective workmanship and materials, and to make all repairs ansing from said causes during such period without further compensation, and shall keep the sa me In said work and repair without further compensation for a period of one ( 1) year from and after completion and acceptance thereof by the City • The determ1nat10n of the necessity for the repair or replacement of said work, and asSOC1ated Incidentals or any portion thereof, shall rest entirely with the Directo r or Pub lic Wo rks, whose decision upon the matter shall be final and obligatory upon the Contractor. Verification of Compliance with t:.R.S. 8-17 .5-1 01 ET.SEQ, Regarding Illegal Allens (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that (I) knowingly employs or contracts with an illegal alien to perform work under this Contract or (ii) fails to cert11)' to the Contractor that the subcontractor wlll not knowingly employ or contract with an illegal alien to perform work under this Cc~tract. [CRS 8-17.5-102(2)(a)(I ) & (II).} (b) Vorlflcatlon: Contractor has verified or attemptea 10 •1erlfy throug h participation In the "basic pilot program· (authorized by P.L.204 of 104"' Congre,; and amended by P.L 156 of 108" Congress) that Contractor does not employ any illegal a~er I And, tt not accepted into the ·basic pilot program· prior to enterin!l into this Contract, C:,ntractor further verifies, Contractor will apply to participate in the • Jasic pilot program· every three months until Contractor Is accepted or this Contract is completed, whichever Is earlier. (C~S 8-17.5- 102(2)(b)(l).J (c) Limitation regarding tho "Basi c PIiot Program: Contractor shall not use basic pilot program procedures to undertake pr&-employment screening of Job applicants while performing this Cont ract (CRS 8-17.5-102(2)(b)(II)) (d) Duty to Torminato a Subcontract: If Contracltlr obtains actuaI knowledge tha' a subconiractor performing work under th ,s Conlract knowing!~• employs or contracts with an 1lleg3I ahen. the Contractor s'lall. (1) Notify lhe subcontrac1or and lhe City wllhm lhree days lhal lhe Contractor has actual knowledge that lhe subcontraclor 1s employing or contractmg with an illega l alien ; and (2) Te minate the subcoPtract with lhe subcontractor 11, within three days or receiving notice that the Contractor has actual knowledge that lhe subconlraclor is employing or contracting w1lh an ,!legal alien, the subcontractor does nol stop employing or contracting with the illegal alien (CRS 8-17.5-102(2l(bl(llll(Al & (Bl I (3) Exception: If lhe subcontiactor provides Information to establish thal the subcontractor has nol knowingly emp loyed Jr conlracted with an illegal alien and the subconlractor stops employing or contractini; ,1ith the Illegal alien (e) Duty to Comply with State hwestl1,~Uon: Contractor shall comply with any reasonable reques l of the Colorado Departme nl of Labor and Emp loyment made in the course or an Investigation pursuant to CR S. 8-17.5-102 (5). [CRS 8-17.5-102(2l(bl(IV).J (e) Damages for Breach of Contract: The Ctty may term,nate lhis contract for a breach of contract, ,n wt101e or 1n part, due to Contractor's breach of any section of thi s paragraph. Conlraclor shall be liable fo r ac1 ual and conseque ntial damages lo the City In addition to any other Inga! or equitable remedy the City may be entitl ed to for a breach of this Contract IN WITNESS WHEREOF, lhe parties have caused lhese presen1s to be signed personally or by their duly authonzed officers or agents and theh seats afnxed and duly atlesled the day and year nrst above written . This Contract is executed 1n 4 coun:erparts. Contractor by_--,-,---,,,--,--=------ Party of the Second Part ATTEST · Secretary CITY OF ENGLEWOOD by -:------------Ma yor Party of the First Part ATTEST : City Clerk • • • • COUNCIL C.OMMUN ICATION Date: Age nda Item: Su bj~ct: August 4, 2008 11 a I Extension of Temporary Moratonum on the EstalJlishment or Rooming or BoJrdin g Houses l niliated By: I Staff Source: Communi ty Development Depa rt men t T rlcia Langon, Senior Planner COUN CIL GOAL AN O PREVI OUS COUNCIL ACTION City Council approved Emergency Ordinance 2 3, Series or 2008, on May 5, 2008. The moratorium established a temporary suspension on the establishment of new rooming or boarding houses In the City. The moratorium is schedul ed to expire on Sep tember 26, 2008. RECOMMENDED ACTION Staff recommends that City Council ap prove an extension of the mora torium through December l , 2008. This request provides additional tlm e to complete the adoption process lor amendments to Tide 16: Unified Development Code (UDq o• the Englewood Municipal Code ln dudlng an upda ted definition .,nd use-specific standards fo r boarding or rooming house use. BACKGRO UN D, ANALYS IS, ANO ALTERNATIVES IDENTIFIED Emergency Ordinance 23, Series of 2008, proposed a six monlh moratorium c,n new boarding or rooming houses in the City. However the Ordinance was wriuen and approved as foftows: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of ENGLEWOOD, COLORADO, THAT A MORATORIUM OR TEMPORARY SUSPENSION OF ALL NEW "ROO MING O R BOARDING HOUSE" USES FROM APRIL 28, 2008 TO SEPW.tBER 1008 SHALL Bl ESTABLISH ED. As approved, the Emergency Ordinance al lowed only five mond s to prepare and complete lhe UDC amendmer,t~. The dates of the Ordinance sl,ou!d have read "April 26, 2008 to~ 28, 2006" to coordinate with the intended six month ti me period. The oro inance adopti on process began with the Commission pubhc hearing on Juty 22, 2008. The process continues as follows: 08-05 Comm ission rnnsld?ratlon of public hearing Minutes a'ld Findings ol ,act 08-t 8 1 • Reading 09-02 Publ ic Hearing 09-1 S 2"' Reading O'i-17 Web Publication (09-19 newspaper publication) 1 0-28 Effective Date (following 30 day referendum period from pubtlcatlon date) w,1hou11he e,1ensmn, 1h~ mora1or,um ""' e,q)ue p1,or 10 tlw eiiecll\e da1t-oi 1he propo,ed UDC • Jm~nclmen l\, FINANCIAL IMPACT '4o flni1nc1al lmpaCI> a re 1d~n1if1~d LIST OF ATTACHM ENTS Bill for Ordinance • • • • • ORDINANCE NO SER IES OF 2008 BY Al 1 I JORITY COUNCIL DILL NO. 5 I JNTR0111 ICJ'D BY COUNC'II MEMBI I, _____ _ A BlLLFOR AN ORDINANCE EXTENDING A TEMPORMY SUSPENSION OR MORATORI UM ON THE EST ABUSHMENT OF NEW "ROOMING OR BOARDING HOUSE" USES. WHEREAS, it has been brought to Council"~ nucmion that the current Uni fonn Development Code does not adcqun1ely define or limit "Rooming or Boarding House'" uses; and WHEREAS. the s!Bled purpose of residential d1stric1s in Title 16, the prior Code was 10 "prohi~it all act1v11ies of a general commcrc,JI nature except certain regis1cred home occupauons which are controlled by specific limitallons": and WHEREAS , with the im pleme111a1ion of the Un iform Oevelopmc111 Code, the definition of "Rooming or lloarding House" wos omiucd aI!d the 1er.n was inadvertently addt1l 10 Ille definition of large and small group homes. This has created a connict wuh the slated pwposc of residential distncts; and WHEREAS, City Council has directed staff 10 review and revise. if necessary, the provisions regarding "rooming or boarding houses": and WHEREAS, s1a!T will occd sufficient urne 10 review and coordmaJe 1hc provtSions relating 10 "rooming or boanhng houses" in the Code: and WHEREAS, City Council deems it necessary lo coordinate the review of the Unifonn Development Code and finds ii oppropriate to pro hibit the establishmem of new "rooming or boarding houses" in the City until the review by the S1off and City Council, 311d WHEREAS. 111 order for the Coty 10 comply with equal protection issues, the moratorium or temporary suspension must apply to all zone distncts unless specific exemptions can be legitima tely set fonh due ton finding that n pnnoculnr ,.one district should be excluded; :ind WHEREAS. the 1cvisions to the Uruform Development Code and the updating o f the uses allowed in all zone aostricts will heip protect the public health. safciy nnd welfare by presc:mng a !l:lfe. healthy. nnd sound c11v1ronmcnt w1thm the City: nnd WHEREAS. the c11izc11s of Englewood and the Cit y Council have dctcm1incd that funhcr revisions 10 the Uniform Development Code arc noces,nry to promote, coordinate. and 11nplcmcn1 a h,1,111 quality plan 10 produce well balanced zoning io the Cuy: and WHERhAS, the current listing of uses is not meeting the above cntcna; and \\'llFRI.AS. 1hc Enpk"'ood City C'ounc,I established a "1011110num or ICnlJ)Ololl) SU<Jl<'IIShlll 01 the ~">tnbh,hmcnl of all nc" "roommg 01 boardmg house" uses ne.:ess.11) 111 11npk111cm 1hc re,1>1<111> 10 the U111fonn Oc,~lopm<cnl ('ode h) the passa£eof0rdmance No. 23. Sencs 01 WO~. and WIIEREAS, the FnglC\\ood C'ol) C'ouncol desires an cx1ens1on of the mor:11onum through Occcmbcr I. 2008 10 provide add111onal umc 10 complC!e the adopuon process for 1mcndmcn1, 10 T11lc 16 of the Englewood Mumc1pal <:ode includmg an upda1cd defiru11on ar 1,cc,foc stancfards for bo.udmg or roommg houses use. NOW, 11 IEREFORE. BE IT ORDAINEJ) BY THE CITY COUNCIL OF THE CITY or ENGLEWOOD, COLORADO. ~-11,c Cny Council of the City or Englewood. fonds 1ha1 the current moratorium or 1cmpo1111)' suspension of the establishment or all new "rooming or boarding house" use; shall be extended to Oece111bcr I, 2008. ~-Suid morotonum or temporary suspension shall be for all new "rooming or boarding house" uses within the City of Englewood. ~-The City Council finds 1he provisions of this Ordinance arc temporary m nmurc and ore intended to be replaced by subsequenl lcgisln1ivc enactment so thn1 the moratorium or temporary suspension as speci fied m tlu s Ordinance shal1 1emunn1e on December I, 2008. lmroduced. rend in full. and passed on 11rst reading on the 4th day of August, 2008. Published as a Bill for an Ordinance rn the City's official newspaper on the s• day of August, 2008. Published as a Boll for an Ordinance on the City's official website beginning on the 6th dny of August, 2008 for th1ny (30) days. ATTEST- James K. Woodward, Mayor I oucnshio /\ Ellis, C'11y Clerk I. Loucnshia /\. cm,., C'ily Clerk of the C1ly of Englewood, Colorado, hereby cc111fy 1hat the nhovc nnd foregoing ,s a lrue copy of a Bill for an Ordin1nce, in1roduccd, read in full, and p•s~-d on tirs1 rendmg on 1he 4th day of August, 2008. Loucrishin /\. Ellis • • • ApprO\ e Oil I ' r •.icling ,1 bill to e tend Moratorium Oil est,1bh hment of boarding or rooming hou~<.') Through Dec I, 2008 Effec tive dale of Em rgency Ord. No. 23, Ser ies of 2008 based on 1 '' reading on Apri l .28 mon th time period Bu t da tes in Ord wri tt en as April 28 to Sept. 28 = 5 months City working diligently to co mplete the amendment pro cess P&Z public hearing 7 -22 But, as written moratorium expires before the projected effective date ol any amendments Request to ex tend th rough Dec 1, ,1llow proc ss to b com pleted allow time ushion for potential changes 10 proposed ,1mendments o w do 1101 have to co me back • • • B\' Al-TIIORII \' ORDINANCE NO. SERll:S OF 1008 C'OUNCLL BILI NO .IJ IJ\'TROUUCED 0) lUl,:>.UL MEMO ER \YII SON A . ORDINANCE A.\IENDr.-:G TITLE 11. CHAPTER 3. SEC1 ION 4. 0 1 TI1E ENGLEWOOD MUNICIPAL CODE: 2000 PERT t\lNING TO l'ERMITS fOR STREI T FURN ITURE IN THE PUBLIC RIGIIT-OF-WAY. \\11EREAS. 1hc 1003 Englewood ComprchenSl\e Plan has as one of 11s goals 10 crealc a ~rca1er pcdcs1rian. bicyc le nnd 1rnnsi1 orientat ion wnhm Commercial Dimic ts: and WHEREAS, the Cny bclie·,es tlult the placement of ,1Uldoor seating for cm mg and drinkmg establishments ond outdoor furniture wi ll further that ~ool: and \\1~EREAS. some histoneal ar~s in the Commerct~I Districts h.1,·e lmle or no setbnd fnim the public riglu-of-way but hal'C a wide si dewalk: and WIIEREI\S. the Cny has rccei,cd se,·eral requests for an encmoehmcnt or pcmut to accommodate outdoor scming and ou 1door fumnure in 1he public righ 1-of-wny: and WHEREAS . 1hc Chamber of Commc,cc and the South Broadway Bus mess lmprOI emcnt District members ha,e discussed and inquir<'<I aboul the procedures for pcnnittin~ ou1door scat mg III the public righ1-of-"·ay: NOW. TiffREFORE, BE IT ORDAINED BY TII E CITY COUNCIL OF TIIE CITY OF ENliLEWOOD. COLORADO. AS FOLLOWS : ~-The (. ,1y Council of 1he Ctty of Englewood. Colorado hereby au1ho rizes amending Tille 11. Chap1cr 3. Scc1ion 4. of the F.nglcwood Municipal Code 1000 10 read as f11llows: 11 .. J-1 : Eocroachmtnts pod Pscmils- An cm:machmcm into the public n~ht-0f-" 3) ma) Ix, granted hy City staff, prO\ ,dcd the foll,,\\tng 1crms and condtlU\ns are satisfied A Fncroachmcnts for fences and rcu,imng walls may be ~ran1cJ upon compliance" nh 1hc follo11 mg rcqutrsincnis Fences and rcinmmg ""lls ,hull be in compliarn:c "'llh all other appheablt onln•'!.-:es anJ codes. Fences and rc1ainmg walls shall be adjaccnl 10 a s1rect ·.,,hich has tx:en in a pavini: d1s1ric1 or which ,soot designated ,n lhc mas1cr s1rce1 plan as c>ne \\h1ch ts proposed 10 bc \\ ,dcncd or impm,ed . 11 bi B l::ncr,,adum .. "11h for l ltntil~\4,,;h;J .1\\llmi,. \'.,mo111c, and marqut'l'"' ma~ ht· _gr;rnH.'J Uf't'll ti:l't11Pil :1nci.": ,, 1th thi: h1llt1\\ 111g n.'lltllfl'nl1.:nts Can11lc,1.·n:d tmnmg:i. 1,.•am,p1es and m:m 1ui.:c~ :-.hall nol pr<'J«.'~I within li,l' kc1 tS') of bad. ,,f curb. l . l'.11111lc,cred 3\\lungs. cmwp,cs •nd m.tfljUCCS ,1~,11 n(ll h3,c lc,s 11~,11 an c1{:h1-foo1 (~') clcar:mcc trom 1hc lo\\CS1 pan 11f1he n\\iung. ca,mp) or m.,rqucc 10 1hc >1<lcw11lk : .\. (311•1lc\c:n .. -d n,,mn~. canop1es and m.'1.!'-Juees shall be m comph:mcc wnh nll other npph cahk ordina nces nnd cudes. C. ;,.:" cncronchmcm und er 1h1s Scc t,on shall he cffl-cli\'c umil an cncroachmcnl pennn and mdcmnily apreemcnl ha,c been SOl!fled by 1hc pmpcny 0\\11Cr rcqucsung 1hc encroochmen1 and recorded tn 1hc otlicc of1hc Clerk and Rt.-cordcr of Arapahoe Cou111 y. The cncroachmrm pem1i1 and indcmml} ngre.!mcn1 ,hnll be prep:ircd by 1hc C11y The cncroochmcn1 pennn and mdemnll)' agrcemcm shall conmin 1hc lcpal dcscnpuon of1hc propen y 0\\11cd abuning 1hc public righ1-of• way 10 be cncr\lachcd. 1hc purpose of 1he encroochn1<111. 1ha1 1he cncroachmcn1 p..-nni1 ond mdemni1y agreemem 1s a rc,ocablc license, re\'ocabl< by 1hc Cil)' n1 will. and 1h01 1hc pmpeny owner or his or her heirs and assigns shall rcmo\'C said suuc1urc \\Uhm 1hiny (30) days •fier notice of rc\'oc,uiM: 1h.,1 1hc pmpeny 0\\11er is cs1oppcd 10 deny 1hc nt;hl of 1he Cny 10 revoke 1he cncrnach mcm ai;reemcm. and 1ha11hc pmpeny owner agrees 10 reimburse and indemnify 1hc Ci1y for all expense:, of rc,'C'kini 1hc agreemco1 or remo,ing 1hc encroachm1.'Tll. The pmpcny 0\\11e1 requcs1i ng 1hc cncroachme111 shall pay all rc:1so11ablc expenses of preparing and recording 1he cncmachmem rennu and ,ndcmrul) agrcemen1. 11. All requcSls for cncroachmcms 11110 lhe public righ1-of-way where 1hc cncroachmc111 is a suue1ure \I lueh \\Ould cre:ne a pcnnancm 1akmg of C:11y righ1-0f-wny nnd nppc:1ls from s1aIT denial of an cncroachmeni shall he made 101hc Ci1y Cl'uncrl. ~. 1 c1111.1.omJls...1!.l'.il!l£)'.of Public Righ1-0f-Way. 1. IlN Q!.l'..N01ta1;cr o, dcsigq~~o®'.d.1\Ull.cll.1iu.hcJ'CSllRPt1cl'.Jl.Llh~ oubljc riuh1;<.•f• way by ibs "W~wwctu:.L<IJncSJlUQ.1b£,m,bt!Ui1:h1;2r-w;n:il?I: \~CllLl!!i!.CC!lW!l.QlJ!!:il..~1vlfillsltW[Jl1D1i.\lltC.lllm~llll!.I.Jtl~ Sl1wl..f!!mill!ctJ< d.£lil1<'IL.lluro·.illl1)11n.rn,1nc~ti,i!Ul!cJ!11bl1c.ru;h1-ol;.1,'lly The (ilY !1a~ul.c>~l~uJIK'lizt-J 10 adQJ'Uuduulcs •n<trci:u1a111>m ~1~,~ f"'<!Ulf,v 10 1mll.!m1c11ul11s S.i:.,u\>n, i Ar1wals fri,•n1.ut> M~n~i:cr 1•r a.,lc~11;11c~s tlcnial ,,c.rr wcctJumi111rc p~n,111.>h~llbs 1]1,idcJ.1Ull~ !::ill. C'~>I • • • • • • Scc111111 ~-Saki\' Cj,rn,c, f"hc l11y Council hcrcb~ f111ds. dc1cnn111,·s .• 111d d,-clMcs 1hn11h1s Ordinance 1, promulg31,,J unJcr1he gen~I pohce P<"'er of the CII) ,,f I nglewood. 1h01 II 1s pn1mulgn1,-d ti1r the hcnlt h. ,nfc1y. nnd ""clfarc nfthc publ ic. and 1ha11h1< Ordmance 1s nec«sal) for the prcsm at ion of hcallh ,ulll ._,fct~ and for the pmta:11011 of puhhc c,1n,·c111cncc and "cl fore. n,c Cit v Council nmher dc1cnnme, 11011 the Onhnancc bear, J m11onal rclallon 10 the pmpcr lcg1slam~ obJecl «>uµlu lo he obtnmed . Sccuon 3, Se1cmh1IUY, If ,IO)' clause. se n1cncc. pnmgmph. or pnn ,,f1his Ordinance or the apphcatic,n 1hcreof10 an) per.on or circumstances shall fc>r an) rcaS(ln be adjudged b) a c<1un of compc1cn1 junsdic1 1on 111\'ahd, such judg111en1 shall not affect. impair or i1walida1c the ren111inder of this Ordinance ,,r II applica11on to Nhcr pcr~ms or ci1cums1nnccs. S<e1ion 4, Inconsistent Ordmanccs. All other Ordinances or ponion~ 1hcreofinconsis1e111 or con0ictins wi1h this Ordinance or any ponion hereof are hcrchy r,pc:1k-d 10 the extent of such inconsistency or connict . S<e11on 5. Effett of repeal or roodificn1ion, The repen t or modification of any pro\'ision of the Code of the City of Englewood b)• 1h1s Ordinance shall not release. c~ungu,sh. aller. modify. or change in whole or in part any penally. forfeiture. or liabilily. either ci\'il or criminal. which shall ba,·e been incurred undo:r such pro,ision. and each pro,is,on shall be 1rc.,1cd and held as s1ill renu11ning in force for the purposes or sustaining any and all proper ae1ions. suits, proceedings. and prosecutions for the enforcement of the 1>cnally. forfeiture. or habilhy. as well as for the purpose of sustaining any judgment. decree:. or order which can or may be rcnde.rcd, entered, or made in such acllons, suits. proceedings, or prosecutions . ~ ~ The Penally Provision of Sc-euon 1-4-1 EMC shall apply 10 each and ever)' ,1nla1ion of this Ordinance. Int roduced. read in full. corrected and passed on first r<'3dll11.! on the ~l<t day of July.1008. Published as corrected as n Bill for an Ord111ancc ,n the C11 )'°s omc,a ' newspaper on the 25" day of July, 2008. Publ ished as corrcc1ed a B111 for an Ordinance on the C11y', o,tic,al "el-sne hq?1nn111g on the 23rd da)· of July, 1008 for lh,ny (~0) days. Read b) 1111c and pas,ed on linn l reading on the 4th day of /\ugusl. ~008 . Published by 1111c 111 the Cny"s ,,rnc,al nc\\sparcr as Ord1n:m,c No. _. Serie, ofWUS. on the 8th da~ of Aul.!11.,1. lO0S. Jame, K. \\'ooJ"nrd. Ma)0r ATTU,I": I ,>ucnshia A Ellis. CII) Cler~ I. L11um hm \ Hh,. C11~• Cler~ ,,t lhc CII) nfEngkw<><'<I. l°<'h•raJ<'. hc-rcb) ccmf) 1h311hc ~oo, c anJ 1orci:1•111i: ,s 3 1ruc cop) of 1he Ordmanc~ p.1sscd "" linal rc:1J111g and pu\lh,hoo I>) mica OnhMncc 'u _. Scnc of1(IO , L(lll nshia A Elhs • • • • • • COUNCIL COMMUNICATION Date: Age nda Ite m: Subject : August 4, 2008 11 c I A\\ ard Construction Contract ltlf Big 0') Crwk Trarl lr11pro1 emen1s-Ph,1s~ ~B lniliat ed 8 \: I Staff Source: Department 01 Public Works R,,l 1-ahm. Puhhc Works Direct o r CO UNCI L GO \L ANO PREVIOUS COU NCIL ACTION Council approved Resolu ti on No. 43, Series 2002, authorizin!l the C:I') to app~ tor federal 1unds under the Transportation Equity Act lor th e 21" Cen tu ry ITEA-21 ). Council approved Ordinance No. 60 Serres 2003 appr01 mg ,1 n Int ergovernmen tal Agreement IIGA) 1<rth COOT regarding funding the project Council appro, ed a motion to a\\ a rd Phase I of the project (Fo, 10 Leh01, l on March I. ~00 4. Council apprO\ ed Ordinance No. 18, Serres 2006 appr01 Ing an IGA with Uroan DrainJge and rlood Con trol District IUDFCD) regarding iunding par11c1patlon b\ the IJrstrict. Council appro, ed O rd rnance No. 3 1, Series 2006 auth0<izmg a contrac t" 1th the South Suburban P.uks Found,11mn tSSPF) regarding thei r commi tment to provide ma tchin[I funds for the project. Council appr01 ed a motic,n to a\\ ard Phase II {Broadway 10 Greenwood f'ointl 011 Jari uary 16, 2007. Council appr01 ed Resolution No. 83, Series 1007 concerning the Intent of the Cl" to acqrnre necessa" easements for the Big Ory Creek Tr,1 ,1 through th e uuli zation of the Ci" 's po\\er of eminent domain. Council approved Resolution No. 4, Serles 2008, accepting eawments fur the B,g D') Crr,ek Trail bet\, een Leh01, ,1nd Broach, ay. RECO MMEN DED ACTI O N Stall recommends that Ci" <:ouncrl 3\\ard, by motion, the construcMn of"BIR Ory Creek Trail lmpro,:c,nents Phase 2B-Lehow to Broadway." The total estimated project cost 0($758,886.85 crnslsts of a construction contract with Goodland Constructlon. Inc. in the amoun t of $631 ,576.85. J Pro tessional Services Agreement with WHPacrfic, Inc. in the amo unt of S64 J I 0.00 and a cons truction contin~ency In the amount of S63.000.00. BACKGROU ND, ANALYS IS, ANO Al:ERNATI \'ES IDENTIFIED In ~00~. Engle1,ood on hehalf of Sou th Suhurb,111 Parks Foundation !SSPFI, applied 10 th~ Demt11 Reg1on,1I Councrl 01 G01 ernments IDRCOGI ror 1eder,1I 111nd1 a nd agreed 10 be 1h e "local projec t sponsor" ,or the section oi Big Dry Creek Ir ail from fo, 10 Green\\oOd Pornt {lust easl of Broach, a1 ). The p,o,ect w,1s se lec ted. and Engle\\ood re<. ei, ~d Sli/10.000 on tederal funds to\\.uds the total estunated <Or.strue11 on cost ot S 1,500,000 I • • • TI,t.· prrneu \\,b dl\1dcd 11110 ~mjllt.•1 se~ments hJ d'-l.ummud.ue nQ.hl-01..\\d\ is~u~ und m,11clun" 1und>cash d,,., Pha,., I 1F," t• Leho"' s,a, wm1~..ied in ~lX)4 Pha~ .. II 18ro.uh,d, to Gre.-111, ood Pwnll \\ a, crn1>truct.-d in wn;. The se<.uon hel\, """ lehO\, ,md Broad\\ a, has been on hvld until easemem, IOI lhl' traff \\!.'le .icqu11ed 1rom l\,o proper!\ O\\ne~ Th~.-easem~nts "ere oht,lllll'd In l,>nUJr\, c00/1 All cc.,sts asSOCldted "11h acqu1slhon 01 1he ea,emenis ha, e bePn reimbursed I:>\ tlw SSPF Construction 01 this Lu1 segment "ill complete the B,g 01) Creek Trail through the C1l\ 01 Engle\\ ood an d prO\ ide a continuous link 10 the Mar\ Ca11er Green\\a\ Trail at the Pla11e RI\ er tsee auacht>d aenal photo m,lf)I. This pro,ect ",II include the ramp connection 10 Broadl,a, COOT has reimbursed Engl..,,ood $444,000 or the $b00.000 In Federal Funds. The rema1mng S 156.0()() '"ll not be released um,I "e complete the last segnenL Per our agreement \\Ith the SSPF. th, 1 "'II pr0\1de an matching funds. SSPF has confirmed tha t 1unds are a1adable and obliga ted for this segment (see attached SSPr Fuocfmg Commitment Letter!. WHP.ic,fic began final design 01 this tmal phase after the easements \\l'fe acquired. and completed design in June, ~008. The project was advertised on June Is•· Pendmg Council a" ard of the pro1ect, constrncti on is scheduled to beg,n around the n-iddle 01 August •nd be completed in '10\ ember ANAN CIAL IMPACT Thr~? b,ds "ere receh ed ,,nd ope ned on lul1 17. 2008 as detailed m the attached Bid Tabulat10n. The low bid 11 apprO\lll\ald) 9' bek,.1 the engineer's Pstm,ate. Deta,led below are the costs assooated with the co nstructi on of tl,e project: Guodla nd Constru ction, Inc. Construction AdmllllstratlOll (WHPacillC) Construction Contingency Total Estimated Cost $631,576.B5 64.3 10.00 (,3 000.0() $758,886.85 SSPF ",II re1111bur1e Engle,1ood all costs assoc1a11,d 11itl1 the rnnsUU<.1100 01 !111s proje<.t (Ordinance 11:o 31 !0061. UST OF Al iACHME NTS B,g Or\ Creek Trail aer~ll pnoto m.ip B,d Tabula tion Funding Commitment letter trom South Suburban Par~ Founddt10n Com1ruct10<1 Curnrau form-Goodl.lnd Construc110n Prolt>S\lorul Ser\ ices A111ttmen1 '"th WHPaa1,c, Inc • City of Englewood Bid Tabulation S h eet Bid Openin g : July 17, 2008 10:00 a .m . • ITEM : ITB -08-125, Big Ory Creek Trail Improvements Phase 2B Bid UDBE Bond G o al Receipt of Vendo r YI N •4 Adde ndum Goodland Construc tio n ,c y 14.99 y s L & M Enterprises.. tnc. y 12.00 y $ Concrete Express y 10.00 y s Engineer's Estimate s • Bid E.xc epUo ns : 631 .576.815 7 51,425.3'3 7 57.39S.OO 6 94,875.00 H \Gtl)Up\pr()p!cts\TEA-21 PfotKU\8,g OfY Creek Phue 28\Bid ope,i.ing fo,rnB,gD,y(;,e.elil .cit South Subui-68n P8rk fuundatio1 ME.\10 To: Da1c 1-lcndcrson . l'rojc-cts Engineer. Cit)' ofEnglc\\ood From : Oc1· Brod hn11. hair. uth Suburban Foundation Board Re : I ur1dingCommitmcnt for Big D0 Creek Trail Phase 2,B CC: Oill Woodcock, s.,u 1l1 uburhan Parks and Recrem1vn Di strict Rynn Ocrninzon i. hcrry I !ills Village Park s and Rec rea tion !'er the lnilinl 111c111ornndu111 of c0111111itme111 between the Foundation and the City of Englc11 ood. The South uburban l·oundat ion Board has approl'ed nddit ional funding for tl 1c nig Dry Creek Trnil from Broadway to Lchow and the Wolf Ramp Connl-c t ion proj1.-cts in the amount of $771.286 . Rcimburscnwms II ill be made upon invoices of documented expenses from Engle"Olld. Pn) mcnt suum-s incl ude funding by Arapahoe cunt) nnd uth Suburban Parks and Recreation District that ha1e been commiued. Followiny i the resolution of the &ard appr01 ing the project: R!!SO/i-rd 1/,e Fo1111d11111m approres II hudgel o.rs --1.186 1:ni11,: forward OIi 1/w ('{)llf/r/1(111111 1//m.w (Plmse :!BJ 11(Th,· 81,: Dry Cm.•! Trmlfrom Broodiruy IQ L,•linu 111d11d111g 1/11.• JI olf C11111<'ra H11m1111111/ 11,:rrcJ IQ rl!w1h11r!J e E,1,:/ewood for act110/ do,·11111e11tet.l t':q'l<!1ulm1re.< 11 ·/1/1111 th,· "" / :!H6 /111tl,:,•1 ,,.., 1/11.• ( ·1111111y 1111<1 Sm,1/, S11h11rbo11 Parh 011,/ Ret.Tl'flll{JII /)/.,tr1<·1 ,.,,mml/ml.!111\ I hnn~ you n~in for nll ,,r) uur supron and hdp! • • • CONTRACT FO R CONST RUCTION THIS CONTRACT and agreement. made and entered into this 4th day of August, 2008 , by and between the Cit y of Englewood. a muni cipa l corporati on of the State of Colorado hereinafter referred to as the "City", and Goodland Con struction , Inc. whose address Is 760 Nile St. Golden. Colorado, 80401 . hereinafter referred to as the 'Contractor" Commencing on lhe 18"' day of June. 2008 and conhnuing lor at least l1fleen (1 5 ) days !hereafter the Crty advertised that sealed proposals would be received for fum1sh1ng all labor tools. supplies. equipmenl matenals and everything necessary and required lor the following PROJECT BIG DRY CREEK T RAI L I MPROVEMENT PHASE 2B LEH OW TO BROADWA Y (STE M395-009) W HEREAS. proposals pursuanl to said advertisement have been received by the M3yor and City Council and have been cert1f1ed by the Director of Public Works to the Mayor and City Counctl with a recommendation lhat a contract for work be awarded to lhe above named Contractor who was the lowest reliable and responstble bidder therefore. and WHEREAS, pursuant lo said recommendation the Contract has been awarded to the above name Contraclor by the Mayor and City Council and said Contraclor Is now willing and able to perform all of said work in accordan ce with said advert isement and his proposal. NOW THEREFORE. in consIderatlon of the compensation to be paid 10 the Contractor . the mutual agreements hereinafter contained. the parties agree as follows · A Contract Documents. II is agreed by the parties herelo that the following hst of instruments. drawings and documents which are attached or incorporated by reference conslttute and shall be relerred to either as the Contract Documents or the Contract and all of said Instruments, drawings, and documents taken together as a whole constitule the Contract between the parties he reto and they are as lully a part ol this agreerrent as if they were set out verbatim and in lull Invitation to Bid Conlract (this instrument) Special Provisions Insurance Performance Payment Maintenance Bond Drawings sheets 1 lo 34 sheets P1 to P4 sheel•l R-1 10 R-5 sheets S-1 to S-3 Appendix A & B Colorado Department of Transportation (Coon -Standard Spec1hcations l~r Road & Bndge Construction -Standard Special Provisions -Proiect Special Provision, B. Scope of Work· The Contractor agrees to and shall furnish all labor, tools . supplies. equipment , materials and everything necessary lor and required to • • • do perform and complete all the work descnbed drawn. set forth shown and lllcluded In said Contract Documents C Terms of Perfonnanoe The Contracior agrees to undenake the performance of the work under this Contract wrtlun twenty (201 days from being notified to commence v.orl< by the C •''-:1or of Public Works and agrees to fuUy complete said work within one hundred twenty (1201 working days, plus such extension or extensions of time as may be granted by the Director of Public Works In accordance with the provisions of the Contract Documents and Specificat,ons D lnoemn,f1canon The City cannot and by this AgreemenVContract does not agree to indemnify, hold harmless exonerate or assLWTie the defense o ie Vendor or any other person or entity, for any purpose The Ver dor shall ,1efend, llldemnify and sa11t1 harmless the Cty, ds officers, agents and employees from any and all claims. demands, surts. actions or proceedings of any land or nat1Xe rncludlng Worker's CompensallOn clams, in any way resutt1ng from or ansing out of thrs AgreemenVcontract· provided, however. that the Vendor need not indemnify or save harmless the Cty its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees E. Termination of Award for Convenience The City may terminate the award at any time by gilling written notice to the successful vendor of such termination and !oecifyrlg the effec:bve date of such tenmnation. at least thirty (30) days before the effective date of such termination In that event aU finished or unfnshed 5e1Vice, reports, rnatenal (r prepared or furrnshed by the successful firm after the award shall, at the option of the City, become its property. If the award IS termanated by the Clly as prov,ded here,n, the successful firm wiU be paid that amount which bears the same ratio to the total compensation as the services aotuaDy pelformed or matenal furnished bear to the total services/materials the successful firm covered by the award. less payments of compensat,on previously made. If the award Is terminated due to the fault of the successfu l firm, the clause relating 10 termination of the award for cause shall apply F Term,nat10n of Award for Cause If, ttvough ary cause. the successful fllTTl shaU fall to fu lfill In a timely and proper manner its obligabons or if the successful firm shal VIOiate any of the covenants, agreements or stipulations of the award, the City shall have the right 10 terminate the award by giving wn'len notice to the successful firm of such term,nabon and specifying the effect&ve date of termination In that event all furnished or unfinished seMces. at the opt10n of the Clly. become rts property, and the successful fllTTl shall be entllled to receive j ust equitable compensation for any sat&sfa:::tory work documents prepared ccmpleted or materials as furn1Shed NOIWllhstanding the above, the successful firm shaft not be relieved of the liability to the Crty for damages sustained by the City by Virtue of breach of the award by the successful firm. and the City may withhold any payments to the successful fllTTl for the purpose of set off unt~ such lime as the exact amount of damages due the City from the successful fllTTl IS deterrmned • • • G Terms of Payment. The City agrees to pay the Contractor for the performance of all the work required under this contract . and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Six Hundred Thirty one Thousand. flve Hundred Seventy six dollars and eighty flve cents ($631,576.80 ). E Appropriation of Funds· Al present, $631,576.85 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contra;y , m the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever 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 herein for which funds have already been appropriated or are otherwise available. The City shall immediately notify the contractor or Its assignee of such occurrence in the event of such termination . F. Contractors Guarantee: The Contractor shall guarantee that the concrete trail, ramp, and all other associated incidentals shall rem ain in good order and repa ir for a period of two (2) years from ail causes arising from defective workmanship and materials. and to make all repairs arising from said causes during such period without further compensation, and shall keep the same in good order and repair without further compensation for a period of two (2) years from and after completion and acceptance thereof by the City. The determination of the necessity for the repa ir or replacement of said work shall rest entirely with the Director or Public Worl<s, whose decision upon the matter shall be flnal and obligatory upon the Contractor. G. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of th~ parties hereto, their heirs, executors , administrators. assigns, and successors. Verification of Compliance with C.R,S. 8-17 5-101 ET SEQ . Regarding Illegal Aliens (a) Employees. Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Conlfactor shalt not contract with ;i subcontractor that (i! knowingly employs or contracts with an illegal alien to perform work under this Contract or (Ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract wijh an illeg al ahen 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 part1cipa11on m the "basic pilot program· (authorized by P.L.204 of 104'" Congress and amended by P.L 156 of 108" Congress) that Contractor does not employ any illega l ahens. And , 1f not accepted into the "basic pilot program" prior to entering into this Contract , Contractor further verifies. Contractor will apply to participate 111 the 'basic pilot prog ram• every three months until Contractor is accepted or this Contract Is completed, wh ichever Is earlier. [CRS 8-17 5-102(2)(b)(I).) • (c) Limitation regarding the "Basic PIiot Program: Contractor shall not use baste pilot program procedures to undertake pre-employment screening of Job apphcants while performing this Contract (CRS 8-17 5-102(2)(b)(II) J (d) Duty to Terminate a Subcontract: If Contractor obta,ns actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien , the Cont~actor shall : (1) Notdy the subcontractor and the Ctty within three days that the Contractor has actual knowledge that the subcontractor Is employing or contracting with an illegal alien; and (2) Terminate the subcontract wrth the subcontractor 1f, within three days of receiving notice that the Contractor has actual know1edge that the subcontractor ts employing or contracting with an illegal alien, the subcontractor does not stop employing or con tracting with the illegal alien. (CRS 8-17 5- 102(2)(b)(lll)(A) & (B) I (3) Exception: If the subcontractor provides information to establish that the subcontractor has not knowing ly employed or contracted with an illega l alien and the subcontractor stops employing or contracting with the ille3al alien. (e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made In the course of an investig ation 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 C,ty 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 ,n addition to any other legal or equllable remedy the City m3y 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 attested the day and year first above wntten This Contract Is executed In 5 counterparts. Cont ractor by __ :----=---~-----Party of the Second Part ATTEST Secretary CITY OF ENGLEWOOD by ___________ _ Mayor Party of the First Part ATTEST City Clerk • • PROFESSIONAL SERVICE S AGREEMENT This Professiona l Services Agreement (the "Agreement") is made as or this ~day of Augus.L..2QQ.8. by and between WHPa clfic. Inc. whose address is 12596 West Bayaud Avenue Sult~ Lakewood Colorado. 8022.8. ("Consultant") and The City of Englewood, Colorado, a mun icipal corporation organized under the laws of the state of Colorado ("City"). City desires th at Consultant provi de enginee ring consulting services, for the BIG DRY CREl:K TRAI L I MPROVE MENTS. PHASE 2B . -LEHOW TO BROADWAY PROJECT STE M395-QQ9. as described in Schedule A , and Consultant desires to perform such services on behalf of City on the terms and oondiltons set forth herein, the total estima ted cost thereof bei ng Sixty four thou sa nd thr ee hundred ten dollars and no cents (S64.310.00l. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable con sidera tion, the receipt and sufficie ncy of which are hereby acknowledged . the parties hereto. intending to be legally bound, agree as follows: 1. Oeflnitlons. The terms set forth below shall be define d as follows: (a) "Intellectual Property Rights" shall mea n any and all (by whatever name or term known or designated) tangible and Intangible and now known or hereafter existing (1 ) rights associate with works of authorship throughout the universe , Incl uding but not limited to copyrights , moral rights , and mask-worlls, (2) trademark and ltade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algori thms and other Industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe an d however designated) (Incl uding logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, ln itral applicatio ns, ren ewals, extensions. continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product" shalt mean all patents, patent apphcalions, inventions, designs, mask works, processes , methodologies , copyrights and copyrightab le works, trade secrets Including confidential information. data, de~lgns, manuals, training materials and documentation, formulas, knowledge of manufactu ring processes, methods , prices , financial and accounting data, products and product speci fica tions and alt other Intellectual Property Right s created, developed or prepared, documented and/or delivered by Consultant. pursuant to the provi sion of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained here in, Consultant agrees to provide, on an as requested basis, the consulting services, systems Integration services, data conversion services, training services. and rela ted services (the "Services ") as fu rther described In Schedule A (the "Statement of Work") for City, and In such additional Statements of Work as may be executed by each of the pa rties hereto from time to time pu rsuan t to this Agreement Each Slltement of Worll shalt specify the scope of worll, specif,cations , basis of compensat10n and payment schedule, est imated length of time r.iqulred to complete each Statement of Work. including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditio ns contained in this Agreement • • • 3. Perfor mance of Services . (a) Performa nce. Consultant shall perform the Services necessary to completo all proiects outlined in a Statement of Work In a timely and professional manner consistent with lhe specifications. 1f any, set forth In the Statement of Work. and in accordance with industry standards. Consultant agre. s lo exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects oullined In a Statement of Work. (b) Delays. Consultant aprees to notify City promptly of any factor, occurrence, or event coming to its attention Iha! may affect Consullanl's ability to meet lhe requirements of the Agreement, or thal Is likely lo occasion any material delay in completion of the projects contemp lated by this Agrfement or any Statement of Wor1<. Such notice shall be given in the event of any loss or reassignment or key employees, threat of strike, or major equipment failure. Time is expressly made or the essence with respect to each and every term and provision of lhls Agreement. (c) Discrepancies. If anything necessary for the clea r understanding of lhe Services has been omitted from lhe Agreement specifications or It appears that various instruction~ are In conflict, Vt.ndor shall secure written Instructions from City's project director before proceeding with the performance of lhe Services affected by such omissions or discrepancies. 4. Invoice s and Payment. Unless otherwise provided in a Sta tement of Work, City shall pay Iha amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City or lhe work called for in a Statement of Work by City. Acceptance procedures shall be oullined In lhe Statement of Work. If City disputes all or any portion of an Invoice for charges, then City shall pay lhe undisputed portion of the Invoice by the due date and shall provide Iha following notification with respect to Iha disputed portion of the Invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reaso nable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion , City shall pal' 1o Consultant the resolved amount. 5. Taxes. City Is not subj ect to taxation No federal or other taxes (excise, luxury, transporta110n, sales, etc.) shall be Included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measu red by nel or gross income, capital, net worth, franchise, privilege, any other taxes , or assessments, nor any of the foregoing Imposed on or payable by Consultant. Upon written notification by City and subsequent verincatlon by Consultant. Consulta nt shall reimburse or credit. as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant sha1I accept In good faith . resale, direct pay , or other exemption certificates, as applicable . 6. Ou t of Pocket Expenses . Consultant shall be reimbursed onl y for expenses which are expressly provided for in a Statement or Work or which have been approved in advance In writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7. Audi ts. Consultant shall provide such employees and independe nt auditors and inspectors as City may designate with reasonable access lo all sites from wt-lch Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance with this Agreement. Consultant shall provide such auditors and Inspectors any reason able assistance lhat they may require . Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not lmpacled adversel y . • • • 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement 1s terminated as provided m this Section 8 . (a) Convenience . City may. without cause and without penally, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice Upon such termInat10n. City shall. upon receipt of an invoice from Consultant. pay Consultant for Services act ually rendered prior to the effective date of sueh termination Charges will be based on time expended for all incomplete tasks as hsted In the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may term inate this Agreement by providing the other party with al least thirty (30) days pr10r written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either par1y materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other th,,n by nonpayment\ ?nd does not substantially cure such default within thirty (30) days after receiving written notice of s default, then the non-defaulting pa.1y may terminate this Agreement or any or all outstanding ... tatements of Work by providing ten (10) days prior wrillen notice of termination to the defaulting party (d) Bankruptcy or Insolvency. 8ther party may terminate this Agreement effective upon wntten notice slati ng its intention lo terminate in the event lhe other party: ( 1) makes a genera l assignment of all or substantially all of Its assets for the benefit of Its creditors; (2) apphes for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of Its assets: (3) files. or consents to or acquiesces in, a petition seeking relief or reorganization under any bank ruptcy or insolvency laws; or ( 4) mes a petition seeking relief or reorganization under any bankruptcy or insolvency laws Is filed against that other party and Is not dismissed within sixty (60) days alter it was filer (e) TABOR. The parties understand a .knowledge that the City is subject to Article X, § 20 of the Colorado Constitutic,n ("TABOR"). ,e parties do nol intend to 111olate the terms and requirements of TABOR by the execution of this Agreement. It Is understood and agreed thal this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the cont rary , all payment obhgatlons of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal penod ending upon the next succeed ing Dece•nber 31 , Financial obllgat•:,ns of City payable after the current fiscal year are con~ngenl upon funds for that purpose being appropriated, budgeted, and olhe,w1se made ava ilable in accordance with the rules . regu lations, and resolutions of City and applicable law Upon the failure to appropriate such funds , this Agreement shall be dt.3med terminated (f) Return of Property. Upon terrmnallon of this Agreement, both parties agree to return to the other all property (Including any ~onlidential Information. as defined in Section 11) of the other party thal It may have m its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant lo perform its obligations hereunder. City shall provide to Consultant's employees performing Its obligations hereunder at C11y·s premises, without charge, a reasonab le work environment in compliance with all applicable laws and regulations , including office space. furniture, telephone serv,ce , and reproduction. computer, fa csimile. secrelarlal and ot her necessary equipment, supplies, and service&. With respect lo all third party hardware or software operated by or on behal'. of City. City shall. at no expense lo Consultant. obtain an consents. lice .. ;es and subhcensos nece8sary • for Consultant to perform under the Statements of Wo, k and shJII pay any fees or other costs associated w1th obta,mng such consents, hoenses and subhcenses. 10. Staff. Consultant Is an independent Consultant and neither Consultant nor Consultant's staff is, or shall be deemed to be employed by C,ty City is hereby contracting w,th Consultant for the Services descnbed in a Statement of Work and Consultant reserves the right to determine the met'1od , manner and means by which the Services will be performed. The Services sha ll be performed by Consultant or Consultant's staff, and City shall not be required to hire, supervis e or pay any assi stants lo help Consultant perform the Services under this Agreement. Except lo the extent that Consultant's work must be performed on or with City's computers or City's existing software, all materials used 1n providing the Services shall re provided by Consultant. 11 . Conlldentlal Inf or mation . (a) Obligations. Each party hereto may receive from th11 other party Information which relat ,s to the other party's business, research, development, trade secrets or business affairs ("ConfidenUal Information"). Subject lo the provisions end exceptions set forth in the Colorado O pen Records Act, CRS Section 24-72-10 1 et. seq ., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, pu blication or dissemination of its own confidential Information of a similar nature, but In no event less than a reasonable degree of care. Without tlmlling the ge ne rality of the foregoing , each party hereto agrees not lo disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted lo an employee, agent, representahve or independent Consultant of sueh party requiring access to the same In order lo perform his or her employment or : 9rvices. Each party shall Insure that their employees, agents, representatives, and independent Consultants are advised of the co nfidential nature of the Confidential lnlom1ation and are precluded from taking any action prohibited under this Section 11 . Further, each party agrees not to alter or remove any Identification, copyright or other proprietary rights notice which Indicate• the ownership of any part of sueh Confidential Information by the other party. A party hereto shall undertake to Immediately notify the other party in writing of all circumstances surrounding any possession, usa or knowledge of Confidential Information at any location or by any person 'lr entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing In this Agreement shall restrict either party with respect lo Information or data idenhcal or similar to that contained In the Confidenli:il Information of the other party but which ( 1) that party rightfully pos~essed before it received such Information from the other as evidenced by written documentation; (2) subs~uently becomes publicly available through no fault or that party; (3) Is subsequently furnished rightfully to that party by a third part~· without restrictions on use or disclosure; or (4) Is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gamed of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidenli&I Information of the other par1y b!', through or under them , breaches any provis100 of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all proms , compensation, commissions, remunerations and benefits which the breaching party. its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition lo, and not in hmltalion of the forego,ng, in the event of any breach of this Se• ~on 11 , the partie s agree that the non- breaching party will suffer irreparable harm and that the total amount of monetary damages for any such Injury to the non-breaching party arising from a violation of this Section 11 would be impossible • • • to calculate and would lherefore be an inadequate remedy al law Accordingly, the parties agree that the non-breaching party shall be enl1tled 10 temporary and pemianent i njunclive relief against the breaching party. its officers or employees and such olher rights and remedi es to which the non-breaching party may be enlltled to at law, In equity or under this Agreement for any v,olation of this Section 11 . The provisions or this Section 11 shall survive lhe expiration or lem,lnation of this Agreement for any reason. 12. Project Managers. Ea ch party shall designate one of ,ts employees to be its Project Manager u.,der each Statement of Work, who shall act for that party on all matters under the Statement or Work. Each party shall notify the other in wnting of any re placement of a ?reject Manager. The Project Managers for each Statement or Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warrantie s. (a) A u tho rity. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority lo enter Into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the perfomiance by Consultant of its obligations and duties hereunder, do not a nd will not viol ate any agreement to which Consultant Is ? party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consulta nl , this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with Its terms; end (4) Consultant acknowledge s that City makes no representations, warranties or agreements related to the subject matter hereof that .ire not expressly provided for in this Agreament (b) Service Warranty. Consuttant warrants that Its employees and Consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed In a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees Is set forth in the Statement of Work, Consultant warrants II will provide sufficient employees to complete lhe Services ordered wilhin the appl:cable time frames established pursuant to this Agreement or as set forlh In the Statement of Work.. During the course or performance of Services, Ci ty may, for any Jr no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days or receipt of such request from City, provide a subs lllute employee of sufficient sk'II, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safely regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes. contnbutions. and be nefits (such as. but not limiled to, workers' compensalion benefits) which an employer Is required to pay relating to the employment of employees. City shall not be liable to Consultant or lo any employee for Consultant's fai lure to perform lls compensation. benefit, or lax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes. contributions and benefits and will comply with all associated governmental regulations, Including the fihng of all necessary reports and returns. 14. Indemni fic ation. (a ) Consultant Indemnification. Consultant shall Indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permllted assigns or any of the foregoing (lhe "City lndemnitees") from and against all losses, claims, obligations, demands, assessme ts. fines and penalties (whether civil or criminal). llebililles, • • expenses and costs (Includ ing reasonable fees and disbursements of legal counsel and accountanls). bodily and other persona l injuries. damage to tangible property, and other damages , of any kind or nature, suffered or incurred by a City lndemnitee directly or Indirectly arising from or re lated to: ( 1) any negligent or intentional act or omiss10n by Consultant or ,ts representatives In the performance of Consultant's obligations under this Ag reeme nt, or (2) any material br.iach in a representation, warranty, covenant or obhgation of Consultant contained in this Agreement. {b) Infringement. Consultanl will indemnify, defend, and hold City harmless from all lndemnlfiable Losses arising from any third party claims thal any Work Product or methodology supplied by Consultanl infringes or misappropriates any Intellectual Property rights of any third party; provided , however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product In combination with products or services not provided by Consultant to the extent that such Infringement or misappropriation would have been avoided if such other prod ucts or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its subConsultants: or (3) use of the Wor1< Product other than as permitted und er this Agreement. (c) lndernnlflcatlon Procedures. Notwith-standing anything else contained in this Ag reement. no obligation to Indemnify which is ,;et forth In this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prej udice In the claim, suit or proceeding of any mailers in respect of which the indemnity may apply and of which the notifying party has icnowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, howeve r, lhat the party claiming Indemnification shall have the right to participate in any legal proceeding& to contest and defend a claim for lndemnlfiCdtion involving a third party and to be represented by its own attorneys, all at such party's cost and expen ,'l; provided further, however, that no settlement°' compromise of an asserted third-party claim other tha.n lhe paymenVmoney may be made without th e prior writte n consent of lhe party claiming Indemnifica tion. (d) Immunity. City, Its officers, and its employees , are relying on , and do not waive or intend lo waive by any provision of this Agreement, the monelary limitations or any other rlghls, lmmunllles, and protections provided by the Colorado Governmental lmmunlly Ac~ C.R.S . 24-10-101 et seq., as from time to time amended,°' otherwise available lo City , its officers. or its employees. 15. Insuran ce. (a) Requ irements. Consultant agrees lo keep in full force and effect and maintain al its sole cost and expense the following policies of Insurance during the term of this Agreement: (1) The Consultant shall comply wilh the Wor1<ers' Com pensation Act of Colorado ond sha ll provide compensation Insurance to protect the City from and against any and all Workers' Compensalton claims arising from performance of the wor1< under this conlract. Workers' Compensation ins urance musl cover obligations Imposed by applicable laws for any employee engaged in the performance of worll under this conlract, as wen as the Employers· liability within the minimum stalutory limits, (2) Commercial General Liablhly Insurance and aulo liability insurance (Including contraclual liability Insurance) providing co11erag11 for bodily Injury and property damage with a combined single limit of nol less lhan lhree million dollars ($3,000,000) per occurrence . (3) Professional Liability/Errors and Omissions Insurance covering acts. errors and omissions arising out of Consultanl's operations or Services In an amount not less than one million dollars (S 1,000,000) per occurrence . (4) Employee Dishonesty and Compu ler Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts ... ,milted by Consultant personnel, acting alone or with others, in an amount not less than one million ioillirs (S1 ,000.000) per occurrence. (b) Approved Comp anies. All such Insur·· a shall be procured wllh such Insurance companies of good standing, permitted to do buslne. ,, the country, state or temtory where the Services are being performed. (c) Certificates Consuitant shaft provide C,.-, · 1th certificates of Insurance evidencing compliance with lhls Secllon 15 (including evidence of renewal of Insurance) signed by authorized representabves of the respective carriers for each year that this Agreement is In effect. Certificates of Insurance wfll list the City of Englewood as an additional insured. Each certificate of Insurance shall provide that the issuing company shall not cancel, reduce. or otherwise materially change the insurance afforded under the above policies unless thirty (30) days' notice of such cancellation, reduclion or malerial change has been provided to City. 16. Rights In Work Product. (a) Gene rally. Except as specifically agreed to the contrary in any Statement of Wort, all Intellectual Property Rights in and to the Worll Product produced or provided by Consullant under any Slatement of Work shall remain lhe property of Consultant. With respect lo the Work Product, Consullant uncond1honally and Irrevocably grants to C,ty during the term of such Intellectual Property Rights. a non-exclusive. Irrevocable, perpelual. worldwide, fully paid and royalty-free license, to reproduce, create derivative worts of. distribute, publicly perform and publicly dl splay by all means now known or later developed, such lnleliectual property Rights. (b ) Kn ow-How. Notwithstanding anything lo the contrary herein, each party and its respective personnel and Consultants shall be free to use and employ Its and their general skms. know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know- how, methods, techniques. or skills gained or learned during lhe course of any assignment, so long as it or they acquire and apply such Information without dlsc10sure of any Confidential lnforrnallon of the other party, 17. Relationship of Parti es. Consultant Is acting oaly as an Independent Consultant and does not undertake, by lhis Agreement. any Statement of Wc.rk or otherwise, to perform any obligallon of City, whether regulalory or contractual. or lo assun"a any responsibility for City's business or operations. Neither party shall act or represent itself, direr.tly or by implication. as an agent of the other, except as expressly authorized in a Statement of Wort. 18. Complete Agreement. This Agreement contains lhe entire agreement belween the parties hereto with respect to lhe matters covered herein. 19. Applicable Law. Consultant shall comply with all applicable laws In performing Services but shall be held harmless for violation of any govemmenlal procurement regulation to which II may be subjecl but lo which reference Is not made In the applicable Statement of Work. This Agreement shall be construed in accordance with the laws ,;if the State of Colorado. Any act10n or proceeding broughl to interpret or enforce the provisions of this Agreement shall be brought before the stale or federal court situa ted In Arapahoe County. Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of A greeme nt. If the scope of any provisions of th , \9reement is loc !>road in any respect whatsoever to Jermit enforcement to its fullest extent, lhen s..~•1 provision shall b':l enforced lo the maximum extent permitted by law. and the parties herelo consent lo and agree lhal such scope • • • may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fall, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21 . Additional Work. After receipt of a Statement of Work, City. with Consultant's consent. may request Consultant to undertake additional work with respect to such Statement of Work . In such event. City and Consultant shall execute an addendum lo the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. SubConsultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting. the agreement with surh third party shall provide that. with respect lo the subcoll1racted work, such subConsultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23 . Notices. Any notice provided pursuant to this Agreement shall be In wnting to the parties at the addresses set forth below and shall be deemed given ( 1) if by hand delivery, upon receipt thereof. (2) three (3) days after deposit in the United States mails, postage prepaid, certified rrail. return receipt requested or (3) one (1) day after deposit with a natlonally-recogniZed overnight courier. specifying overnight priority delivery. Either party may change Its address for purposes of this Agreement at any time by giving written notice of such change lo the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of Clly. Except for the prohibition of an assignment contained In the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs. successors and assigns of the parties hereto. 25 . Third Party Beneficiaries . Th is Agreement is entered Into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings, The section headings in this Agreement are solely for convenience and shall not be considered in Its Interpretation. 'l'he recitals set forth on the first page of this Agreement are incorporated Into the body of this Agreement. The exhibits referred to throughout this Agreement and any State ment of Work prepared in conformance with this Agreement are incorporated into this Agreement 27 . Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of th is Agreement be taken or held to be a waiver of the provis ion Itself. 28. Force Ma)eure . If performance by Consultant of any service or obllgatlon under this Agreement is prevented, restricted , delayed or interfered with by reason of labor disputes, strikes, acts of God, floods. lightr,lng, severe weather, shortages ol materials. rationing, utility or commumcauons failures. earthquakes. war. revolution, cillil commotion. acts of pubhc enemies, blockade, embargo or any law, order, proclamation, regula tion. ordinance . demand or requirement having legal effect of any governr.iental or judicial authority or representallve of any such government, or any other act whether similar or dissimilar to those referred to In this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of : ~ch prevention, restriction. delay or Interference. If the period of such delay exceeds thirty (30) days, City may, without llabtlity, terminate the affected Statement of Wo111(s) upon written notice to Consultant. • • • 29. Time of Perfonnance. nme is expressly made of the essence with respect lo each and esery t.erm and provision of this Agreement, 30, Pennlts. Consullant shall al Its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute , ordinance or regu lation for the performance ol the Se"'ices under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in perfonning the Se"'ices under the Ag reement. At its own expense and at no cost to City, Consultant shall make any change, alteratio n or modification that may be necessary to comply wilh any Applicable Laws that Consultant failed to comply with at the time of performance of the Se"'ices. 31. Med ia Release s. Except for any announcement Intended solely for internal di stribution by Consultant or any disclosure required by legal, accounting, or regulatory requ irements beyond the reasonable control of Consultant. all media releases, public announcements, or public disclosures (Including , but not limited to , promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name , trade mark , or symbol of City, shall be coordinated wilh and approved in writing by City prior to the release thereof. Consultant shall not represent directly or lndirecUy that any Serllices provided by Consultant to City has been approved or endorsed by City or Include the name, trade mark, or symbol of City on a list of Consultant's customers without City's express written consenL 32, Nonexclusive Market and Purchase Rights. It Is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the SeMces and shall not prevent City from acquiring from other suppliers se"'ices similar to the Services. Consultant agrees that acquisitions by City pursuant lo this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any lavet of such acquisitions. Estimates or forecasts fumlshed by City lo Consulta nt prior to or curing lhe term of this Agreement shall not constitute commitments. 33. Survival. The provisions of SecUons 5, 8(g), 10, 11 , 13, 14, 16, 17, 19, 23, 25 and 31 shall sutvive any expiration O( term ination for any reason of this AgreemenL 34 . VARIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ, REGARDING ILLEGAL ALIENS (a) Employees, Consultants and SubConsultants: Consultant shal l not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract v,ith a subConsultant lhat (i) knowingly employs or contracis with an illegal alien to perform work unc:er this Contract or (ii) fails lo certify to the Consultant that the subConsultanl will not knowingly employ or contract with an Illegal alien lo pertorm work under this Contract. [CRS 8-17 .5- 102(2XaXI) & (II).) (b) Verification: Consultant has verified or attempted to verify through participation in the "basic pilot program" (authorized by P.L204 of 104"' Congress and amended by P.L.156 ol 108'" Congress) that Consultant does not employ any Illegal aliens . And , if not accepted into the "basic 1>4lot program· prior to entenng Into this Contract, Consultant further verifies , Consultant will apply to participate in the "basic pilot program· every three months until Consultant is accepted or this Contract Is completed, whichever Is earlie r. [CRS 8-17.5-102(2XbXl).J (c) Limitation Regarding the "Basic PIiot Program ": Consultant shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract CRS 8-17.5-102(2XbXII).] • • • (d) Duty t o Term inate a Subcontract: If Consultant obtains actual knowledge that a subConsullant performing work under this Contract knowingly employs or contracts with an illegal alien, lhe Consultant shaU: ( 1) notify the subConsultant and the City within three days that the Consultant has actual knowledge that the subConsultanl is em ployin g or conlractIng wflh an illrgal alien: and (2) termina te ,he subconlracl with the subConsultant If. within three days of receiving notice that the Consultant has actual knowledge lhal lhe subConsultant Is employing or contracUng with an Illegal alien, the subConsultanl does not stop employing or contracting with the illegal alien. CRS 8-17.5-102(2Xb)(lll)(A)& (8).) (3) Exc eption : II the subConsultant provides information to establish that the subConsullanl has not knowingly employed or contracted with an illegal alien and the subConsultant stops employing or contracting with the illegal alien . (e) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made In the course of an investigation pursuant lo C.R.S. 8-17 .5-102 (5). CRS 8-17 .5-102(2)(b)(IV).J (f) Damages f or Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part. due to Consultant's breach of any section of this paragraph, Consultant shall be lfable for actual and consequential damages to the City in addiUon to any other legal or equitable remedy the City may be entitled lo for a breach of lhis Co ntract. IN WITNESS WHEREOF , the parties to lhls Agreement have caused it to be executed by their authorized officers as of th e day and year fi rst above wrlUen. This Ag reement is executed In 4 cou nterparts, each of which shall be deemed an original, but all of which togelher shall consti tute one and the same instrument. CITY OF ENGLEWOOD , COLORADO By: ____________ _ Title: _____________ _ ATTEST: City Clerk (Consu ltant Name) Address City, State, Zip Code By :---------- Title: • • • 1. 2. 3 . SCHEDULE A OUTLINE OF STATEMENT OF WORK GENERAL The following list of documents and/or drawings are attached or incorporated by reference: • Attachment A from WHPacific , Inc• Project Scope of Work (attached) • Appendix A from WHPacific, Inc. • Fee Schedule (attached) • Big Ory Creek Trail Phase 2B Projects Plans & Specifications • Colorado Department of Transportation Standard Specifications • FHWA form 1273 NAMES OF PROJECT MANAGERS For the City: Lanry Nimmo. Reid Operations Administrator For Consultant: John M. Pflaum, PE SUMMARY OF PURPOSE FOR STATEMENT OF WORK Consulting services for construction observatlOll. 4. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Consulting per Attachments from WHPacific, Inc . 5 . MOOE OF PAYMENT Payme nt to Consultant by Check 6 . PAYMENT SCHEDULE Net 30days IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto. the parties have executed this Slatement of Work as of this day of Aug uest. 2008. CITY OF ENGLEWOOD, COLORADO By:_ nue: ___________ _ Company Name By:-------------- Title: ___________ _ Attachment A • July 22. 2008 WHPac1fic David L. Henderson Capllal Projects Administra tor City or Englewood • Engineering 1000 Englewood Par11way EngleWOod, Colorado 80 11 O RE: Proposal for Construction-Related Engineering Services for Big Ory Creek Trail, Phase 28, Lehow Avenu e to Broadway Dear Mr . Henderson : WHPa clfic, Inc . (WHP) Is pleased to provide the following proposal lo the City or Englewood (Client ) for constructlon-rela t.ed services for Phase 28 or the Big Dry CreeK Trail rrom Lehow Ave nue upstrea m to connect with th e existing concre te path Jus t west of Broadway . • SCOPE OF WORK • Phase 28 or the Big Ory Creek trail extends rrorn the upstream (east) side of Lehow Avenue lo the exlsllng trail termJnus Immedia tely west of Broadway -a length of approximately 1,200 feet. Constructlon will also In clude a reinforced concrete retaining wall to support the access ramp rrom Lehow Avenue , two re inforced concrete low water aossings, and a ramp (approximately 250 fl precasl and cast-In-place constructJon) connectlon to Broadway along the south bank, Costs have been estJmated for construction services and project dose-out services . Work tasks wtn Include the following : • Attendance by WHP al lhe pre-Construction Conference, and at anticipated weekly progress meetings (16 estimated), plus management or the construction services for five subconsullants. • Periodic observation or construction , estimated as a part-time effort at 16 hours per week ror the 120 calendar day (16 week) project period . WHPacific will also provide rev ie w or submittals, assist with preparation or period ic pay estimates, and prepare contract modificat ions or change orde rs as necessary . • • WHPaufic • Righi-of-Way and Conslruct,on staking wil. be provided by Western States Surveying, as Subconsu!tant lo WHPaciftc, Inc. • CTL Thompson, Inc, will provide subconsulling services for soils, foundation, materials testing and field conditions consultation , and The Restoration Group will provide subconsultlng seNices relating lo revegetatlon and noxious weed control. Brown and Cal dwell will provide coosultalion and periodic construction observation for the Broadway Ramp, and Jorgensen and Close Assoc. will provide con~ultation and periodic observation for the Lehow Avenue trail access ramp retai ning wall. Construction seNices nave been Ite mized separately, and include periodic observation, materials testing as appropriate, field meetings, review of submlttals, and processing of periodic pay estlmates , SCHEDULE AND BUDGET WHP will begin work upon authorization, foUowl.ng award of the conslructlon contract by tho City, The following budgets have been eslimal ed for the various worl< tasks. Work wtn be completed on an hour1y basis In accordance with the attached Rate Schedule. Blnlngs will be on a monthly basis . Construction Services: M'tt!tlngs (Pre-Con, periodic at Site) Construction Staking (Western States) Periodic Observation (16hrs/wk x 16 wks) Support Services (Pay estimates, submlttals, etc) Brown & Caldwell Jorgensen & Close Associates The Restoration Group Project Close-Out (COOT Paperwork) CTL Thompson (Testing, piling obs, consult.) Total, Construction Related Services $4,000 $5,000 $20,000 S 9,200 $8,252 $1,500 S 3,300 $4,500 ~ $64,310 The above budgets have been estimated based on the construction drawings, COOT Construction Documentation requireme nts, and experience with the previous phases or the Big Ory Creek Trail. The overall estimated budget will not be exceeded without authorization by the Client however, II Is dilftcull to predict the quality of worl< provided by the Contrador and the level of effort required to monitor construction progress and quality. Our esUmate has bef based on the assumption of a well-qualified and experienced Contractor with sufficient WHPanfic resources to ~te the prOJect wrth111 lhe specified schedule. WHP wi] notify the Client tor authorizat!on prior to proceeding with any work effort that is believed lo be outside ot the scope of this proposal, or of any circumstances that may require additional work effort by WHP or its subconsultants. It this proposal is ac:c,eptable, please execute belolN and return a copy to us We :'Xll( forward to working with the South Suburban Foundation , the City or Englewood, and the So;,i1ri Suburban Parl< and Recreation District, to complete this impor1ant link of the Big Ory Creek Trail Very truly yours, (17~'~ a~:.:~ Brian E. Chevalier, P.E. Enclosures: Rate Schedule (Appendix A) The above prOt)OSal Is accepted by the City ol Englewood By: ____________ _ Date: ______ _ TIiie: ______________ _ • • • APPENDIX A WHPadnc, Inc . Schtdult or Houri) R11r, fm2l!!!1! N11n tntttlu JanM) I. lOOl 1~i. Dtttabtt JI, ?OOI Prmdpal Engmrcr Sc-nior Enginccr Smior Project Enjmcer Senior 1•rojec1 \tanager Arthhtc1 Print1p1I Projtt1 EnGinc-rr ArchilCCI 2 Staff Enginctr ArchilCCI I GIS Profmional Staff Pro(nsional ArchitCCI S1tlT lntom Dnian Professional II Architect S1tff lntcm 2 0.sia,, Profnsional I Senior Rtsidcnl Enginttr Resident E'lalnc.tr Resident Er.,inctr ln1cm Smior Resident F lt:ld Reprcsenwive ProjCCI Field Reprcsen 111ive Ill Project Field Rcpmen1a1ivc II Projttt Field Rcpmen1au,·c I T«hnlcal, Senior O.slgncr II Ttchnical, Senior O.signcr I Ttchnical, Projca T tchnical, S1tff Ttchnical, Dnign DMslon Administrator Word ""'""°' A.Ulomoti•lr t~pcf!Sbl1 50 ,1115 ~t fflilt P:C'flW \'duck 11 dttt'CI COia phtl II>'. Oon.of •fow'l'ITrt\'rl Pctd,cmatUO.'dal (o,tM1ls.lodlJacaidlt«1Cott.,._, I()•• Thlfd r-t) "prtl'lfflt'e b1tled1l t0:$a rhu ,~. t·"'f')II\S, 1tltphonc, counn. FA:.. and ~t "~ illfl~,rd Ill liilll ,WI E.\fffl fffltffltlft)' To l:c: r:tS()tllk'd l•lff'nf .r J,S'\., l)f'r_,. •II bC' t .. 'Jfd H •D t■-Okt: •IIIOll•b 60 d.•p,-tt dM" fna l t•Mdtlt. 11&Stlt~.Jlflllnl1nt1tMltrtl,,M'H,~,J,.c.1•IH 'CON'"1DENTUL',.._,_..._ lrl~-fMJ' /,if..,,,,..,,. tMlflttHlldffll MliW,-,dn,, prol,(IJiftl wldifft rxpr,u wriJt<,. to1U11'tof ll'll'-'IJlr, I•, 2008 Rate $163 PB $146 P7 $130 P6 SI 35 A7 Sl 13 P5 sir' AS $0 P4 ~. A4 \~6 P3 SR6 P3 s;s A) l,., P2 $6'1 A2 S71 Pl $12 E4 $105 E3 $86 E2 $102 TS $89 T4 $77 T3 $57 T2 $102 TS $89 T4 $77 T3 SS7 T2 $40 Tl SS4 CJ SS4 CJ