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Home My WebLink About2007-01-16 (Regular) Meeting Agenda Packet1. 2. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Tuesday, January 16, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. · 7 : 3 Op n Invocation. f\;1 t [{A 'S l. i n 3. Pledge of Allegiance. Kl O / D 5 i t ') 4. Roll Call. S preser1+ 2.-cu ~rse.nt ( Bc.c rr ell n,~ (, : 1\-t ocre.) 5. Consideration of Minutes of Previous Session . .,1 ·V'' ,.1 Minutes from the Regular City Council meeting of January 8, 2007. T C1· 1{l5'-".._.~_ .pp , v t D a . ~ S-0 6. Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Aid to Other Agencies recipients will be present to accept the City's financial contributions for 2007. 7. Re co gnition of Unscheduled Publi c Comment. (Please limit your pres entation to five minutes. Time for unscheduled publi c commen t may be limited to 45 minutes and if limited shall be continued to General Discussion .) ~ \/ t'..1,... d 0-Gt,( j ''f -\J I C:,1 ()l{~ IN '. t~J a,:1; rnaJ S C., ve n ... •n 1 \<e I. b cj Q11111lk IS b .. ~A ~ 'i ·1ol-lt --kr!.t'S n ,1fl .fv,e,10 ...:> 8 . Communications, Proclamations, and Appointments . ._ 1 ", ?O~ a. Pr oclama tion declaring January 2007 as "Flu Shots for Kids Month." Weed rvCl[C ) C \':5" 9. Con ent Agenda Items. a. Approva l of Ordinances on First Reading. (>.. Englewood City Council Agenda January 16 , 2007 Page 2 b. Approval of Ordinances on Second Reading. 19-- c. Resolutions and Motions. ""& 10. No Public Hearing Scheduled. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. s b. Approval of Ordinances on Second Reading. -Q__ c. Resolutions and Motions. Recommendation from the Human Resources Department to adopt a Resolution to reappoint the Hearing Officers to hear Merit and Disciplinary appeals. ~TAFF SOURCE: Sue Eaton, Director of Human Resources. Weed WCLrd Recommendation from the Department of Public Works to approve, by motion, contracts associated w ith construction of Big Dry Creek Trail Improv ements - Phase II -Broadway to Greenwood Point STE M395-009. Staff recommends awarding the Construction Contract to Goodland Construction in the amount of $518,387.50; approving a Construction Administration Professional Services Agreement with ASCG , Inc. in the amount of $60,000; and authorizing a construction contingency in the amount of $35 ,000, for a total estimated project cost of $613,387.50. STAFF SOURCE: Rick Kahm, Director of Public Works Department. Wcco V\k1n:\ 12. G eneral Biscussion. . 1 f'. · L 11 'l . -') 'JYb'velj L/--I .\ \\UXl\l\ilrO YYIO~ec' to O..ppY-ove.--ruv1.tl u11.q fVI'"' IV {)~t.Y Ll..i · I (.1 cuM'WoPs ~~~i~'it 'J WOI D"=>'f VI to (Li'f( /1\iJ Na.tlo'\Cl l Lcu.0ue-of C.1 flt' Conkvril((. c1,p ,1 ,' 0\/ eel b . Coun<;:i l ~.emb~rs' Choice. Wul~ ~, l}'\OV e(I CL(' pmv'l. -tuniU ,1j to~ .0A t' "t ::_ ~.u I +o 4 ·C,-1 (1 a..b'~ttl-Ln ,-l1C({L$U.tL) (.,\"-+(l"\CI l'-\.ll.-tH.,11\CL \ Lc"C0J.tc of ~, t-1c''.> C ,,-ft.rl-'f l..( . , ap"rf!if-i Wcxx.\warii moved to Clp\-iro~c +t<.,0.tr\.'3 wT01:'~":>so1 0 13 . C ity Managers Rep o rt, QY.)'StiUn Tcr~':) C<.A-4-l~ "-\tlt\0"1.A I Lea.Ht ( c r C, i1f) C , {c.,, t'~,r , C\.f)Prnveo T()t'ha.~o movel' +'? a.pp,ove.-?:,v:t 1 ,frl fu,,. IIV LQ"\warc\ 14. City A t torney's ReF,o rt. '-1 -0· I :\ +o tt+·-~Ottl \u.:t\una l lt?_i,t vjJ( c ( C.,tln C.£Yl\f<ren<c ( I t:lt,Sta,.i n rf ... 1..'<1ri'.lrt l ) 15. Adjournment. B ·. I O rrv\ PLEASE PRINT NAME ,c.n 0- JJ PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: January 16, 2007 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS - TOPIC v-,~:.,.:,;c_., W ," /cl <~VJ I 11"\<'<. / 5 C T y 0 F ENGLEWOOD C I T y C O U N C L January 8, 2007 W)1,1~;.1t1t,w. ~ ~/ Ms. Carnl Bosmfmft• Arapahoe County Metropolitan Mayors and Commissioners Youth Awards 5334 South Prince Street Littleton, Colorado 80166 Dear Carol: Thank you for your application for Aid To Other Agencies . The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions . With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tne agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Arapahoe County Metropolitan Mayors and Commissioners Youth Awards. Please RSVP to Sue Carlton Bradshaw at 303- 762-2311 as to who will be attending. Sincerely, Olga w1:f!)8r--- Mayor Mayor Olga Wolosyn, Al Large • Mayor Pro Tern Jim Woodward, Al Large Laurell B r, 111111 , 01s1ric1 3 • Bob McCashn, Al Lar e • John H. Moore, Dis1ric1 2 • R y Tomasso, District 1 a: Wayn Oakl y, Di 1ric1 4 Engl wood , Color do 80110 Phon 03 ·7 2·2310 FAX 03-7 2·2 08 wwwnlwoodo r C T y 0 F C I T y C O U N C January 8, 2007 Ms. AtnE1hHlie Leonard, Aaffiinistrator Arapahoe Philharmonic 2100 West Littleton Blvd. Littleton, Colorado 80120 Dear Ms. Leonard: LEWOOD L Thank you for your application for Aid To Other Agencies. The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Arapahoe Philharmonic. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, Olga Wolosyn Ma yor Mayor 0 11a Wolosyn , Al L1r1 • Mayor Pro Tem Jim Woodward, Al Large l~u, 11 B nenlln , 01s 111 1 3 • Bob Mc<...as lin, At Large • John H. Moore, Distr ct 2 • Ray Tomasso, Oi5lrict 1 • W1yne Oakley, District 4' Phon O -762 -2310 FAX 03 -7 62 -2 408 C {' T y 0 F ENGLEWOOD C I T y C O U N C January 8, 2007 Ms. Anne Robinson, Executive Director Court House, Inc./Beacon Center 333 West Hampden Avenue, #305 Englewood, Colorado 80110 Dear Ms . Robinson: ~o L Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006 , City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Court House, Inc./Beacon Center. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincere ly, ?' O lga Wolosyn M ay or Mayor Olg a Wolo syn, Al La rg e • Mayo r Pro Tern Jim Woodward, At Large Lau, 11 B rr nun , o, 1n 1 3 • Bob McC 1111 , At La rg • Jo hn H. Moore. Dis tric t 2 • Ray Tomuso, Distr ict 1 • Wayne Oakley, Distr ic t 4 1 oc O n 1,wo d r rkw. y Engl w d, C lor do 80110 Ph o n 303-7 6 2-2310 FAX 303-762 -240 8 www. n lewo<><1a11;1vor C --------------------...... ----..--....... ----~-=----... {' T y 0 F ENGLEWOOD C I T y C O U N C January 8, 2007 . I ,J.J 1iQ... -i, I ) l'Y1£1M... Ms. -BeBe IGeimnan, Executive Director Doctors Care 191 East Orchard Road, #102NE Littleton, Colorado 80121 Dear Ms. Kleinman: L Thank you for your application for Aid To Other Agencies. The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions . With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend tne Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Doctors Care. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, M yor Olga Wolosyn , At Lara • MayOl Pro T m J n, Woodward, At Lars L,1u1 tt B,ru nlln , District 3 • Bob McCaslin , At Lar • John t t. M , tnct 2 • Ray Toma so, District 1 11 W yn O kley, District 4 [ngl w d P ,kw y ngl wo , Ph n 303-762 -2 10 FAX 303 -762 -2408 C ------~---~~----=-....... -...................................... ..__ _________ ..,, i, T y 0 F ENGLEWOOD C I T y C O U N C January 8, 2007 Ms. Janet Moore j Englewood Cultural Arts Center Association 4350 South Bannock Street Englewood, Colorado 80110 Dear Ms. Moore: L Thank you for your application for Aid To Other Agencies . The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tlie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Englewood Cultural Arts Center Association. Please RSVP to Sue Carlton Bradsfiaw at 303-762-2311 as to who will be attending. Sincerely, Olga Wolosyn Mayor M yor lga Wolosyn, At large • Mayor Pro T m Jim Woodward, Al large Lilur ti B rr nlin , Distnct • Bob McCa lin, At lilrge • John H. Moor , District 2 • Ray Tom sso, District 1 • Wayne O kley , Di tr ict 4 10 0 [n I wo d P rkw y Phon 303-762 -2310 FAX 303 -762 -2 40 C -~-----------------== ....... ---..... --.... -----------. T y January 8, 2007 Ms. Beverly Johnson EHS After Prom 0 F C I T y 3800 South Logan Street Englewood, Colorado 80110 Dear Ms. Johnson: L E W 0 0 D COUNCIL Thank you for your application for Aid To Other Agencies. The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions . With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend tbe Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for EHS After Prom. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, Olga Woloect, Mayor Mayor Olga Wolosyn , At Large • Mayor Pro Tern Jim Woodward, At Large Laur tt B rr ntin , District 3 • Bob Mccaslin, Al Larg • John H. Moore, District 2 • Ray Tomasso, District 1 • Wayne Oakley, District 4 1000 n I w d Parkw y Engl wood, Colorado 80110 Phon 303-762-2310 FAX 303 -7 62 -2 408 www ngl wood ov.or C {' T y 0 F C I T y January 8, 2007 :Mis. Lix:uia James, Executive Director Gateway Battered Women's Shelter P. 0. Box 914 Aurora, Colorado 80040 Dear Ms. James: E N G C O U N C LEWOOD L Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations servin~ Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend tbe Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2°d floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Gateway Battered Women's Shelter. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, Ol ga Wolosyn Mayor Mayor Olga Wolosyn, Al Large • Mayor Pro Tern Jim Woodward, Al Liirge t Ju1etl B, 11 111111 , DI tr i l • Bob Mccaslin , Al Large • John H. Moore, District 2 • Ray Tomasso, District 1 • Wayn Oakl , 01 In I 4 ngl d P I kway Engl wood, Colorado 80110 Phone 303 -762 -2310 FAX O .7 ,2 www .en I woo<igov .org I 11 C {' T y 0 F E N G L E w 0 0 C I T y C 0 U N C L January 8, 2007 / Ms. Sandra Blythe-Perry, Executive Director Inter-Faith Task Force 3370 South Irving Street Englewood, Colorado 80110 Dear Ms. Blythe-Perry: Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations servin~ Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tne agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Inter-Faith Task Force. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely,~ ~/() Olga Wolosyn Mayor v------ l Mayor Olga Wolosyn, Al Large • Mayor Pro Tem Jim Woodwa rd, Al l11rge D Laur ll Barren line, District 3 • Bob McC aslin , Al Larg • John H. Moore, District 2 • Ray Tomas o, District 1 • W yne Oakley, District 4 1000 Engl w od Parkway Engl wood , Colorado 80110 Phon 303-762-2310 FAX 303 -762 -2408 www. n I WOOOI\OV .org I ' I . ' . ' ' I ! i J ' ' : I C '' T y 0 F ENGLEWOOD C I T y COUNCIL January 8, 2007 Mr. Mark DeHaven I Englewood Southsiders (Special Olympics) 3721 South Lincoln Street Englewood, Colorado 80113 Dear Mr. DeHaven: Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions . With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Englewood Southsiders (Special Olympics). Please RSVP to Sue Carlton Bradsfiaw at 303-762-2311 as to who will oe attending. Sincerely, Olga Wolosyn Mayor Mayor Olga Wolosyn, Al Larg • Mayor Pro Tem Jim Woodward, Al L rge Laur u B rr ntin , District 3 • Bob McCa lin, Al L rge • John H. Moore, District 2 • Ray Tomn o, District 1 • Wayn O kl y, District 4 10 O n I w d P rkw y En I wo d, Color do 80110 Phon 303 -762 ·2 10 FAX 30 -762-2408 C {' T y 0 F ENGLEWOOD C I T y C O U N C L January 8, 2007 Mr. Ed Ryer, Director j Town of Littleton Cares/Meals on Wheels P. 0. Box 1176, 5844 South Datura Street Littleton, Colorado 80160 Dear Mr. Ryer: Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of Hie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Town of Littleton Cares/Meals on Wheels. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, t,,;/ C/ Olga Wolosyn Mayor Mayor Olga Wolosyn, Al Larg • Mayor Pro Tem Jim Woodward, Al Large L, U1ell B rr nun , D1st11ct 3 • Bob McCashn , At Larg • John H. Moore, District 2 • Ray Tomasso, District 1 • Wayn O kl y, Distnct " 1000 En I wood P , J..wa Engl wood, Color do 80110 Phon O -7 2-2310 FAX 303 -7 2·2408 C i, T y 0 F ENGLEWOOD C I T y C O U N C January 8, 2007 Mr. Eric Bertouzzi, Program Director j Up Close and Musical 1000 Englewood Parkway Englewood, Colorado 80110 Dear Eric: L Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your or ranization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend tbe Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Up Close and Musical. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, Olga Wolosyn Mayor L uiell Barr nun , D1stnct 3 • Bob McC shn, At Lar 2 • R,1y Tom , Dtstrict 1 • Wayn O kl y, District '4 Ph n O -7 2 2 10 AX 03 -762 -2408 C T y 0 F C I T y January 8, 2007 Mr. Stephen Edmonds / Hospice of Metro Denver 501 South Cherry Street, Suite 700 Denver, CO 80246 Dear Mr. Edmonds: {' E N G LEWOOD C O U N C L Thank you for your application for Aid To Other Agencies. The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions . With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7 :30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Hospice of Metro Denver. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, Olga Wolos yn Mayor M yor Olga Wolosyn, At Larg • Mayor Pro Tem Jim Woodward, At Large Lau,ett Barr nun , Distnct 3 • Bob McCa lin , At Larg • John H. Moor , Distnct 2 • Ray Tomasso, District 1 • Wayne Oakley, District 4 l O O [n I w d P tkw, n I w d , Col r do 80110 Phon 303-7 2-2 10 FAX 303-762-2408 i, C T y 0 F ENGLEWOOD C I T y C O U N C L January 8, 2007 Ms. Donna Hilton, Corp. Relations & Grant Mgr. Food Bank of the Rockies 10700 East 47th Avenue Denver, Colorado 80239 Dear Ms . Hilton: Thank you for your application for Aid To Other Agencies. The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions . With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropr iating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Food Bank of the Rockies . Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, /21) Olga Wolos';,I)' Mayor Mayor Olga Wolosyn, Al La _;e • Mayor Pro Tern Jim Woodward, Al Large B D·sin·ci 3 • Bob McC 1,n At Lar • John H. Moore, District 2 • Ray Tom.as o, District 1 • Wayn Oakley, District ~ Lau,ell arrenun , 1 , 1000 Engl wo d P rkw. y En I wo d, 80110 Phon O .7 2·2 10 FA 03 762 -2408 C i, T y 0 F C I T y January 8, 2007 Ms. Becky Todhunter, Director / Cornerstone Free Methodist Church 4300 South Lincoln Street Englewood, Colorado 80113 Dear Ms. Todhunter: ENGLEWOOD COUNCIL Thank you for your application for Aid To Other Agencies. The Englewood City Council met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p.m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Cornerstone Free Methodist Church. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, OlgaW~ Mayor M yor I a Wolosyn, At Larg • Mayor Pro T 111 Jim Woodward, At Large I ,iu, 11 8 n nt,ne, O,s111 t • Bob M Ca Ion, At Larg • John H. Moor , D1stnct 2 • Ray Tom s o, District 1 • Wayn Oakl y, District 4 fn •I w od P rkway 80110 Phon 03-762-2 10 FAX O -762-2 408 WWW C '' T y 0 F E N G C I T y C O U N C January 8, 2007 I Ms . Janice Henderson Living Branch Cornmnity Fellowship 4595 South Fox Street Englewood, Colorado 80110 Dear Ms. Henderson: LEWOOD L Thank rou for your application for Aid To Other Agencies. The Englewood City Counci met on December 4, 2006, and discussed the various agencies and their functions. With so many worthy organizations serving Englewood residents, the decision was a difficult one. On December 18, 2006, City Council approved a resolution appropriating funds for Aid To Other Agencies and your organization was selected as one of tfie agencies to receive a donation. The City Council would like to invite you, or someone from your agency, to attend the Tuesday, January 16, 2007, City Council meeting at 7:30 p .m., in Council Chambers, 2nd floor of Civic Center, 1000 Englewood Parkway, to receive the donation for Living Branch Commnity Fellowship. Please RSVP to Sue Carlton Bradshaw at 303-762-2311 as to who will be attending. Sincerely, Olga Wolosy Mayor Mayor Olga Wolosyn, Al Larg • M yor Pro T m Jim Woodward , Al Lar Laur II Ban nun , 01 111 1 • Bob Mc a lin , Al urg • John H. Moor , District 2 • Ray Toma o, O, 1ric1 1 • Wayn O kl Y, D, incl 4 1 0 Fn I wood P, rl..w, Phon 30 -762 -2 10 A .7 2--40 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 8, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :34 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso, Moore , Barrentine. Oakley, Mccaslin , Woodward , Wolosyn None City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Director Gryglewicz, Finance and Administrative Services Director Simpson . Community Development Senior Planner Langon, Community Development Police Commander Watson , Safety Services Director Kahm , Public Works Department Assistant Krecklow, Community Development 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 18, 2006 . Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I'm not sure if RideArrangers was correctly spelled ... please check on that. Vote results : Ayes : Council Members Barrentine , Mccasl in, Moore, Wolosyn , Woodward , Tomasso . Oakley Nays : None Motion carried and the minutes were approved as amended . 6 Recognition of Scheduled Public Comment Englewood City Council January 8, 2007 Page 2 Mayor Wolosyn said I see that there is someone here to speak about the dog ordinance . We will be scheduling a Public Hearing later on in the meeting to discuss that ordinance . Also , I think that there has been some mi s understanding ... because the proposed legislation does not include a breed specific ban. It does not have a weight limit. So those were two things that somehow go t out there , that are inaccurate . As I said , that issue will come up during the last part of the meeting . (a) Cynthia Searfoss said I am an Englewood resident of nine years now . I am a dog owner . I have two lovely boxers . And I am a six year volunteer w ith Ho-Bo Care Boxer Rescue in Denver, Colo rado . Unfortunately , we are the only boxer rescue ... in Wyom ing , Colorado , Utah , New Mexico and Arizona right now , so we 're really rather busy . I have foster dogs . I provide in -home medical care for injured dogs . I prov ide training . I provide physical and psychological rehabilitation training . My personal preference is behavior modification , rather than negative reinforcement training . And I do extensive placement interviews for our beloved little boxers . I'm here because I got over 140 e-mails the week after Thanksgiving saying that people were going to have to sell their homes and move from Englewood because Englewood was go ing to put in a generic bully type breed ban and a 55 pound limit on all dogs and , of course , we all know that 's not true . There also have been lots of other wild things said about what 's going on in Colorado and limitations that's going to put on our choice of lifestyle and our rescue missions . Our rescue missions in Denver Metro are suffering , because of our economy and breed bans . So , I wanted to come and speak . I wanted to say thank you very much to Mike Flaherty , because he has been very reasonable in sending me great e -mails and keeping me updated on this, because I didn't want people to get hysterical and I didn 't want people to misunderstand , because , quite frankly , nothing had been published until Friday. So , I have been sending updates and e-mails to all of the dog rescue groups and dog chat groups that I'm a member of, for weeks now trying to keep people calmed down and to have people understand that we are not trying to make , as fa r as we knew , any great changes in the City of Englewood . I do have two questions . I got the ordinance language Friday and I got some clarification from Mike today . I appreciate that. Thank you very much . But , I have two questions from the definition section . And I was a little bit confused about two of the definitions . One is the proposed language that defines attac k as when an animal bites , or attacks human beings or another domesticated animal. I would like to say that to me to define the word attack using the word attack seems vague and a little bit arbitrary. I would like to suggest that since the ordinance also , later on, defines bodily injury and ser ious bodily harm , that it would possibly make the definition of attack more clear, if you used the definition of attack to say an event where there is bodily injury or ser ious bod ily harm caused , for both the defin ition of attack on a domestic animal or an attack on a human being , because I th ink that would be more c lear . I also wanted to speak to the definition of the vicious animal because the vicious animal also contains the word bites or attacks and I think it might be more clear and it may address what we 're try ing to address w ith using the ser ious bod ily injury and bod ily harm definition there as wel l. And one of my reasons for th is is that. .. my biggest challenge , when interv iewing people and working with people who have adopted dogs , and try ing to do behavior modificat ion , is to keep in people 's m inds that these are an ima ls . T hese a re not human beings . T hey don 't have the same way o f communica ti ng that we do and they don't ha ve the sa me moti vations tha t we do . And the hard est thi ng is to rem ind people t hat the se are no t human beings on all fours . These are dogs and dogs communicate differently . And they have d ifferent behavior patterns than human beings do and that, for a well-adjusted dog, biting and attacking is a last resort . Dogs , in their behavior w ith other dogs, use posture . They walk away . They walk in arcs . They don't look at the other dog . They use eye contact...not to be threatening . They will use barking to say get away , get away ... to tell you their intention . As a last resort, they'll bite . This is a well adjusted, normal dog . There are dogs out there who have been abused, who have behavior problems . But a dog 's behavior pattern is not to automatically bite . They're giving us other clues as to what's going on with them . And the fact is that we don't know what they are , for the most part, unless you work with dogs , you don't know what these clues are . And the last resort is a bite . So , I just wanted to say that when you use the word attack , that maybe the serious bodily harm and injury should be in the definition of attack . so that it is clear that there is serious grievous damage caused ... to be considered an attack . Not just coming up and barking at your ankles . And also , under the issue of the dog on dog aggression ... dogs are territorial animals . My yard is my dog's territory . I'm pretty convinced my dogs think Englewood is their territory . And , when a dog approaches another dog they don 't know , frequently they will try to nip or bite or bark at them , to tell them to get away from my territory . And when you leave their territory , there 's no further aggress ion . There 's no further attempt to follow you . There 's no further attempt to interact w ith you , because what they have done. is communicated to you . You 've paid attention and you 've left their area . So , that 1s why I wanted to say that I'm not quite conv inced that the definition of attack is re lly addressing the issue of the egregious harm that we really do want to nip in the bud . On the other hand , I ( Englewood City Council January 8 , 2007 Page 3 would like to say , that when th is came out, I was really pleased to see that there are several issues that Englewood is addressing that really haven 't been addressed before . I'm glad to see that. On section 7-1A -2 , dogs running at large comment , you have ... I'm sorry ... section C , item 3 , the unfenced yard without a person in attendance ... when I first moved to Englewood , I couldn 't walk my dogs without having a st ick in my hand to hit on-coming dogs with , because there were always dogs approach ing us without any people in attendance . This is a problem that we still have in Englewood . I walk my dogs three to four times a day, so I experience this at least once a week . This is an issue we have . We need to educate people , because we have a diverse cultu r e here in Englewood . And it's becoming more and more diverse , and it's becoming more and more populated. And we need to educate people as to what ou r expectations are as a community . And I think we need to let people know that their dogs cannot just run at large , even when they're on their property ... they need to be attended, when they 're not in the yard . The other thing I was really glad to see was sect ion 7-1 A-7 , under the cruelty to dogs and cats defin ition, under your section C ... you 're finally addressing the tethering issue . We live in a neighborhood ... I live behind Swedish Hospital. We live in a neighborhood where there are a lot of people who can 't afford upkeep on their properties, but they still deserve the r ight to have pets. And they do tether their dogs . But, we do have a few people who do not take great care in how they tether them and for how long they leave them out there . And I think that's an issue that we may need to address further because there are several people in my neighborhood who leave their dogs tethered and unattended all the time , and without food and water. So I was very glad to see that . Lastly , I really appreciate, as a dog owner, section 7-1A-10, the vicious animals prohibited , section C ; with the affirmative defense ... I was not really happy two years ago when they passed the House Bill 04 -1279 saying that dog owners have strict liabil ity and they adjusted that to give us some defenses. But I think it needs to be more clearly defined , because I think that we want to encourage responsible dog ownership in Englewood , and I think that goes a long way to encourage people to be self responsible and to take care of their own prob lems . Thank you very much . Mayor Wolosyn said thank you very much and we 'll be scheduling a Public Hearing and we appreciate your comments ton ight. (b) Brook Dougherty said I've been an Englewood resident fo r almost two years . I've worked in Englewood for six years . I work right across the street at VRCC , as a veterinary technician . I love Englewood . I love the City. And I actually plan to live here forever . I plan to raise my family here . I'm a huge dog advocate . And the main thing that I want to get across is education , education , education . I think one of the things that we really need to step up and try to do is educate dog owners . Almost every s ingle weekend , I have someone come into the emergency clinic and they don 't know the fi rst thing about owning a cat or a dog , and we have to educate them . We have to euthanize puppies all the t ime because they get parvo , because the owners had no idea that they needed vacc ines . Fr iday nigh t I had a gentleman come in with his Mastiff, who had bloat , which is whe n the stomach twists , and he had no idea that that was ve ry common for his breed to do that. And it is all ba sed on education . He loved his dog . He paid the money for it. It was nice to see that. Bu t many of us technicians have th ree-l egged dogs ... o ne-eyed dog s ... dogs tha t have been rel inqui sh ed that we can't eu than ize just because someone was uneducated on owning that animal. So, I just really want to stress education and if maybe somehow Englewood can start leading the force with educating owners ... l'm sure Cynthia understands that as well . I think that Englewood needs to be a model City , when it comes to the vicious dog ordinance . There are many things that Englewood is addressing that many other cities are not. So, I think that we are taking a step in the right direction , but I really think that we need to get out of the comfort zone when addressing this vicious dog ordinance and really punish the owners, who have these vicious dogs . And also it needs to be looked at case by case ... for the reason of your property ... your dogs do un derstand that their house is their house and they're there to protect. I'm alone many nights , because my husband is a paramedic and works 24 hour shifts . My dogs sleep in the bed with me and I feel comfortable with that. And if someone were to break into my house. and my dog were to attack , that is their job . And yes, I have pit bulls and I am afraid what would happen to me if that got out. Actually , my pure breed pit bull would hide under the bed from the man that would probably try to attack me and my German Shepherd-Husky mix would help me in regards to defending me . So , I j ust am very passionate about education . I try to educate every person that comes into our hospital and I would li ke to see Englewood be a leader in educating dog owners . Thank you . Mayor Wolosyn said thank you . 7 Recognition of Unscheduled Public Comment Englewood City Council January 8 , 2007 Page 4 (a) Laurel Miller, an Englewood res iden t, was present to d iscuss barking dogs . She said I wrote a lette r to each of you regarding the incessant barking of my neighbor's Newfoundland over the past 15 months . This barking has really disturbed my sense of peace and well being in my home . As I stated in my letter , I have tried everything that I could th ink of to try and reconcile this situation with my neighbor , in a fr iendly way. Th is has not worked and therefore , I stand before you ton ight on behalf of all those in my s ituation , whose peace has been destroyed by incons iderate and irrespons ible dog owners . I ask you to put into place ordinances that are concrete , strict and enfo r ced, so that people like me would know that they w ill be protected by the law. I believe that a three-step process would be fair . The first infraction would be a warning . The second infraction would be a second warning with a hefty fine . And the third infraction would be considering removing the dog from the premises . These consequences must be well advertised , so that everyone knows that disturbing the peace with bark ing is not allowed in Englewood . Along with this ordinance on barking , I urge you to revise the ordinances on plac ing dog poop in people 's garbage cans . For the last year, somebody has been putting opened bags of dog poop in my garbage can, almost on a daily basis . This is revolting to me and I really don't know what to do about it. If, again, there was a large fine associated with this action, maybe it would be a deterrent. Lastly, I am in full support of our intrepid mail carriers , who cheerfully deliver our mail , in all of our inclement weather. Their job can be rough and they should not have to contend with vicious dogs or any dogs for that matter. I sincerely hope that you will take these matters under serious consideration . We live very close to one another in Englewood and we must respect each other 's des ire for peace in our home . You all can help us achieve this by sett ing boundaries and strict ground rules . Thank you for your time . 8 . Communications , Proclamations and Appointments (a) An e-mail from Stephen Hunt announc ing h is res ignation from the Plann ing and Zoning Comm iss ion , the Firefighters' Pension Board , and the Safety Services Supplemental D isabil it y Board was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF STEPHEN HUNT FROM THE PLANNING AND ZONING COMMISSION, THE FIREFIGHTERS' PENSION BOARD, AND THE SAFETY SERVICES SUPPLEMENTAL DISABILITY BOARD. Counc il Member Woodward said Stephen will be going to Iraq ... I accept his resignat ion w ith great regret. Mayo r Wolosyn asked if the re was any d iscuss ion . Mayo r Wolos yn sa id I would like to say Go d speed and wish Stephen a safe retu rn . He was very good on the Firefig hte rs' Pens ion Boa rd . Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None (b) A resolution appointing alternate member Ron Fish as a regular member on the Planning and Zoning Commission was considered . C OUN CIL M EMBER T OMASSO MOVED, AND IT WA S SE CONDED , T O APPROV E AGENDA ITEM 8 (b) - RESOLU T ION NO . 1, S ERI ES OF 2 00 7. RESOLUTION NO . 1, SERIES OF 2007 A RESOLUTION APPOINTING RON FISH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . Vote results : Englewood City Council January 8, 2007 Page 5 Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None Motion carried. Mayor Wolosyn said welcome to Ron . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 11.) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (c) (i). (c) Resolutions and Motions (i) RESOLUTION NO . 2 , SERIES OF 2007 A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2007 . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No . 52, the proposed Emergency Temporary Shelters amendment to 16 -5: Use Regulations of the Englewood Municipal Code . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 52, THE PROPOSED EMERGENCY TEMPORARY SHELTERS AMENDMENT TO 16-5 : USE REGULATIONS OF THE ENGLEWOOD MUNICIPAL CODE. Ayes : Council Members Barrentine, Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried and the publ ic hearing opened . Senior Planner Langon , duly sworn , said for your consideration tonight is a public hearing on Council Bill No . 52, amendments to 16-5, Use Regulat ions of the Unified Development Code , pertaining to emergency temporary shelters . I've already submi tted proof of publication that the public notice for this hearing wa s published in the Englewood Herald on December 22 , 2006 . Back in 2004, when the UDC was adopted , we added a definition of emergency temporary shelters to the UDC . Prior to that time , the zoning code did not have a definition . And also there was no mention of emergency temporary shelters in the Code . So when we adopted the UOC, in that update , we added the term and the definition and allowed the shelters in the MU -B-2 and the MU -R-3-A zone districts . And that reasoning was based on the fact that the Broadway zone , the MU -8-2, and the R-3-A zone . which was directly adjacent to the Broadway corridor , would be close to transit. .. and allow for people to reach Englewood City Council January 8, 2007 Page 6 the emergency temporary shelters . In late 2005 , a church in an R-2-B res idential zone used their basement to house a shelter ... to create a shelter . They did that during a time of extreme cold weather. The issue came up and was reviewed for both zon ing and the fire safety issues , and it was determined that , mostly ... beyond the zoning issue , were the fire and safety issues . This topic was discussed with Council back in January 2006 and in October 2006 . And at that time , during those study sessions , Counc il directed staff to maintain the emergency temporary shelters in the two existing zone districts and to provide review criteria of how the City , in a coordinated manner, could lo ok at temporary shelters and also addres s the health and safety issues. The proposed amendments are intended to clar ify the terms and the requ irements , establish a review process and provide regulations that meet , not only zoning , but also safety concerns . Th is is not a homeless ordinance . This is an ordinance for emergency shelters ... temporary shelters that would fit the need of the community in times of flood or tornado or maybe a homeless situation , such as occurred in 2005 with the church . The amendments are on page 20 and page 6 . The main amendment is to Table 16-5-1.1 , Table of Allowed Uses, where the use or allowance of the temporary shelters was changed to a Limited Use rather than a Conditional Use . Under Conditional Use , that would require a tiearing before the Planning and Zoning Commission and considering that this is supposed to be for a temporary use , something that would be short term and probably would come up unscheduled, considering the Conditional Use method requires the hearing and the publication , probably taking as much as 3 weeks ... it wasn 't logical to try to fit a temporary situation into some prescribed time frame . So, therefore , we changed that to a Limited Use and then created a criteria under the Limited Use in Section 16-5-6 which is a new section that addressed the timeframe and a definition of what the C ity would consider temporary and that would be setting a maximum of five consecutive days per Limited Use permit w ith a maximum of six permits per calendar year . Because this is an emergency situation and we don 't know ... we can 't schedule what an emergency is , we have also included some discretion for the City Manager or designee so that if say a tornado hits and there is a large number of people that are in need of a shelter ... if a five day period is not suffic ient and we need to adjust that , we can make adjustments within that. If this is a regional d isaster, we can look at that on an individual act ivity or event basis . In the chart we also took out Food Shelters as a use type . Under the UDC there was Food Shelter and the Emergency Housing Shelter ... and those are two different types of uses and so we removed that and we are going to be looking at that as an Accessory Use and take that , probably , under the Unlisted Use procedure later , after reviewing that with Planning Commission . She said I would be happy to answer any questions . Mayor Wolosyn asked if there were any questions . Council Member Woodward sa id I just want to than k T ri cia for answer ing some of the questions that I had last meet ing , tha t I had brought up . I think this pretty well g ives me the answers that I was look ing for. Ms . Lango n sa id o kay, than k you . Mayor Wolosyn asked if th ere wa s anyon e e lse who wanted to speak during the Pu bl ic Hea ring . There was no one . COU N CIL M EM BER W OOD WARD MOV ED, AND IT WAS SECO NDED , TO CLOSE THE PU B LIC HE ARI NG T O G AT HER INPU T ON COUNCIL BI LL NO. 52 , T HE PROPOS ED EM ERG EN C Y TEMPORARY SHELTE RS AMENDMENT T O 16 -5 : US E REGU LAT IONS OF T H E ENG LE WOOD MUNI C IPAL C ODE . Ayes : Council Members Barrent ine , Mccasl in , Moore , Wolosyn , Woodwa rd , Tomasso , Oakley Nays : Non e Mo ti o n carrie d a nd the public hearing cl osed . Mayor W olosyn said I w oul d li ke to second h is than ks for the clarificati ons . 11 . Ordinances , Resolu t ion an d Moti o ns (a) Approval of Ordinances on First Reading (1) Director Gryglewicz presented a recommendation. from the Election Comm is ,on . to dopt a bill for n ordinance accepting Red1stnchng Option 1 H 1d the City Ch rter require th numb r of Englewood City Council January 8, 2007 Page 7 registered voters to be reviewed every four years and if redistricting is requ ired , it needs to be completed six months prior to the General Municipal Election . The Election Commission reviewed the study done by John Voboril in Community Development and found that the current districts were within the Charter requirement of no greater than 15% differential of registered voters between the highest and lowest district and the State Constitutional requirement of 5% between high and low on the population . So, the Election Commission recommends adopting Option 1 ... there is a map attached in your packet. .. which would put the population percentage difference at 4 .99% and the registered voters percentage differential between high and low at 5 .35%. Mayor Wolosyn asked if there were any questions for Frank or for Lou . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 1. COUNCIL BILL NO . 1, INTRODUCED BY COUNCIL MEMBER WOODWARD . A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 5 , SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD , COLORADO . Mayor Wolosyn asked if there was any discussion . Mayor Wolosyn said I don 't know if I heard it , but this means it leaves everything as it was? Mr . Gryglewicz said yes . Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Frank . (i i) Director Simpson presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing removal of the billboard at 2730 South Broadway and rebu ild ing the b illboard at 2896 South Broadway under a non -revocable permit. He said currently we have two legally permitted billboards located at 2730 and 2896 South Broadway . The owner of both of these propert ies , wh o h as these billbo ards o n them , has bee n interes te d in hav ing one of these b illboard s removed in orde r to help facilitate some red evelopmen t of one of t he sites . However, just to g ive yo u s o m e background, that particular billboard is ... they are an interesting kind of concept , but as a result , they can't necessarily be removed because the lease on that is basically forever . And so , what we have done is between the City and the property owner , we have been able to negotiate for removal of the billboard at 2730 South Broadway and in essence , we have been able to permanently remove one billboard and rebuild the one at 2896 South Broadway and have it an im proved structure . By doing this , we are bas ically reducing the total number of billboards in Englewood from two to one on these two propert ies . We are facili tating the redevelopment of the s ite at 2730 South Broadway and w e are reduc ing site clutter along Broadway . We are here tonight to request th is through ordinance , because staff has no abili ty to grant th is and there is no appeal ability , so it has to come d irectly by ordinance through C ity Council , if you are inclined to do this . We request that you approve th is ord inance. M ayor Wolosyn asked if there was any discussion . Council M embe r Barrentine said le t me get th is stra ight. We have two billboards now and they are going to g ive up one? M r . Simpson said correct. She said okay . So both of them will come down from wh ere they are pr ently at.. one w ill go aw ay forever and one will b placed somewhere else? M r . S1mp on said w have two b1llbo rd th one at 2730 will go away and th on at 2896 will be r built Th tructu r of 1t I very old and n d 1mprov1ng W w nt d to do th t b for , but w r n't abl to com to n gr m nt Th twill b don Englewood City Council January 8, 2007 Page 8 under this agreement. The size of it will increase slightly , but basically what you are doing, you are getting rid of one billboard out of the two ... so a reduction of 50%. Ms . Barrentine said so they are doing that so that they can ... they are redoing a building or? ... Mr. Simpson said at the place where the billboard is going away , it will become available for redevelopment, because where the billboard is currently, it is creating restrictions in the footprint of the buildings . So, it will allow it to be fully maximized on the property, for redevelopment purposes . Ms . Barrentine said the billboard condition presently that is allowed is ... Mr. Simpson said ... would not go away unless we somehow come to this agreement. What the result would be , at the 2730 location, if you were not to approve this ordinance, for example , that sign would remain as it is currently ... both signs would remain as they are currently ... they would not ever go away, unless they are completely destroyed by some freak of nature, because they are completely made out of steel. They would not ever go away and it will create a different configuration for redevelopment. It will not max imize the redevelopment potential on that north property . Ms . Barrentine said okay. Council Member Woodward said 2730 is currently vacant ground waiting for redevelopment? Mr. Simpson said that is correct. Mr. Woodward said 2896 ... the billboard there that is going to be rebuilt. .. you said the face of the billboard will slightly increase in size? Mr . Simpson said that is correct. Mr. Woodward said okay. Council Member Barrentine said the total billboard signage will decrease, because we are missing one sign so it is not going to be twice the size . I mean it will still diminish the amount of billboard . Mr . Simpson said you are diminishing the total number, and the total size area , if you combine everything, is actually a 10% reduction . It is not as much as I would like, but the total number of signs in the City will be reduced ... which is important. Mayor Wolosyn said so the new billboard will be almost twice as big as the existing one ... if it's a 10% decrease in total signage ... Mr. Simpson said no. It goes from a 12 x 25 current to a 14 x 48 . Council Member Moore said that is huge . Council Member Mccaslin said who currently uses the billboard? Mr. Simpson said they are owned by CBS Outdoor. Council Member Moore said what is coming down ... what is the size of the one that is coming down? Mr. Simpson said the same size ... 12 x 25. Mr. Moore said I don't have a frame of reference , but that sounds almost twice the size . Mr. Simpson said it will be 300 square feet larger at the new location . That is correct. But the total square foot area of all signs combined is improved . Mayor Wolosyn said of the two signs . Mr . Simpson said yes , of the two signs . Director Simpson sa id there are many factors here . Council Member Barrent ine said I mean , its kind of like having ... you know ... three liquor stores ... okay they are all small, little liquor stores ... l'd rather have one big liquor store and have people pass it quicker , than have three smaller billboard signs , one right after another ... that is more negative than one brand new rebuilt one . But the total amount does diminish then, but not by a lot. Mr. Simpson said correct. I think that is a great way of expressing it. Mr. Simpson said the reason I am bringing this forward is it is a policy decision that you have to approve. I can't make it , but it was my op ini on that what you are doing is reducing the total number of billboards . While the size is certainly increasing on that one billboard , you are getting r id of one that could never , ever go away . Council Member Barrent ine said how is this interfering w ith the development of that property? Mr. Simpson said the base of the structure is where a new building footprint would be going . Ms . Barrentine said the base of the structure is actually on the ground or on a building? Mr . Simpson said on the ground ... the base of that sign structure would be where the new footprint would be placed . And so therefore, if it remains, which it will , the building will probably not be as efficient or won 't be developed in that manner and so it probably won't go in there ... and we are looking at, at least a couple of storied building there . Mayor Wolo yn 1d I hav on mor que tion , Just to v1su hz ,t. I th t 12 foot .. th width or the h 1ght? Mr S,mp on ,d th 12 f t , th h ,ght.. o ,t , o,ng to 2 f t ht h r Sh Id o ,t w ill b 48 f t long? Mr Englewood City Council January 8, 2007 Page9 S impson said yes, it is going to be 2 feet higher and it will be longer. It will be more of the standard billboard size . Council Member Barrentine said what do you mean the standard billboard size? Mr. S impson said if you go down Broadway and other locations where there are new billboa rds , they are a larger format than what our two old ones are . Council Member Moore said it certainly would be helpful to have pictures . Is there a rush to get this agreement done? I, personally , would prefer to have photos before I vote on this . Mr . Simpson said I can get you drawings . Mayor Wolosyn said I think we are meeting next week in a regular session ... it is not a two week delay. Mr. Moore said I have one other question. You mentioned that there is no other way to do this . I just want to clarify ... I mean is rezoning an option? Educate me . Director Simpson said there are no land use options that exist. This has to come from you . Mr . Moore said I am asking if us rezoning is an option . Mr. Simpson said no, it is not. Council Member Moore said Dan can you explain that? City Attorney Brotzman said and the answer is ... what you would be looking at is a taking ... and the answer is ... in the land of billboards, you may not. It becomes a free speech issue . Council Member Moore said we had the right to prohibit any new ones , we had the right to prohibit remodeling them , but we do not have the right to take one of them away? City Attorney Brotzman said that is correct. Council Member Oakley said given the fact that the property owner owns both properties and it's going to hinder him developing one property like he would like to and he is willing to move it over to the other and we can't do anyth ing about the sign company , I don 't know what other options we have , unless we want to hinder the development. Council Member Moore said two small billboards as opposed to one twice the size ... and maybe this is the right solution ... but, it is hard to imagine . We are generally saying ... obviously, from past action we have decided billboards are not what we want in the community and now we are doubling the size of one. I am not sure what is the lesser evil. This is probably fine ... I would just li ke a visual for it. Council Member Oakley sa id if we are going to end up with the same footage and not hinder development , I would say that is the way we go. Council Membe r Barrentine sa id he sa id we end up w ith 10% les s and I still st ick w ith .... l would rathe r have a big ger, newer o ne ... one ... than two smaller ones tog e t her. When we re thos e origin ally b ui lt. .. the two ? D irector Simpson said they were granted back in 1960 ... the early 60's . So, they have been there a long time . They were granted by a variance that ran with the land and as a result they are one of those few billboards that can never go away. They have tremendous value to the sign company. Council Member Barrentine asked if the same sign company holds the lease on both of them . Director Simpson said that is correct. And, Ms . Barrentine said, this sign company is willing to give up two ... Mr. Simpson said they are willing to give up one . Ms . Barrentine said I mean they are willing to give up accessibility to two ... to j ust have a newer one that is bigger , that is more standard to what is being built today . Mr. Simpson said yes . Mayor Wolosyn said all John is asking for is a one week comfort zone . Council Member Moore said I'll further clarify ... do we need two readings on th is? Mayor Wolosyn said yes . Mr . Moore said so we could pass it ton ight , but request for the second reading that we have all the information . Director Simpson said okay , that will be fine . Council Member Oakley said if that is the compromise , I propose that we pass it tonight and review It on second reading . 0 Englewood City Council January 8, 2007 Page 10 Council Member Moore said as long as that is understood , I am happy with that. Mayor Wolosyn said okay. I have one question , on the background analysis and alternatives , you have the thing about the current sign code doesn't adequately address the issue of billboards and this two for one policy "may" be incorporated into the new sign code revision . However, in the actual ordinance, the language is changed to this two for one pol icy "will " be incorporated . I myself would feel more comfortable with "may" be incorporated. Director Simpson said I would prefer to keep it "may" ... I actually didn't get to write this particular version . Mayor Wolosyn asked if everyone was comfortable with that. .. I can add that as an amendment? Director Simpson said that is just in the staff report , I would just say ... don't go there . Take this on a case-by-case basis . Council Member Moore said we don't have any more, we are down to one . Why do we need a two for one? Mayor Wolosyn said that was another question I was going to ask . Why do we have this clause in here at all? Director Simpson said there are other billboards in the City . I can give you the total number. But, there are not that many, there are some that are located on South Santa Fe . Council Member Moore said okay. ' Council Member Barrentine said these aren 't the only two . Mayor Wolosyn asked if there were any other questions . Council Member Barrentine said this issue has come up with a couple of the other billboards ... when I have been out talking to business owners and I appreciate that you have taken a creative stance to work with these people , because what is happening is that people are not moving forward, because they are not willing to give up revenue that is already dedicated or on leases that they can't give up and I don't want to give up the redevelopment there . There are several on South Broadway, in my district, that I would like to see explored also . So I am really glad that you are taking these proactive stances and at least bringing it to the table . That is smart . Mayor Wolosyn said if there isn't any other discussion, do I have a motion? COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 4. COUNCIL BIL L NO . 4, INTRODUCED BY COUNCIL MEMBER WOODWARD . A BILL FOR AN ORDINANCE AUTHORIZING THE PERMANENT REMOVAL OF BILLBOARD LOCATED AT 2730 SOUTH BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY. MAYOR WOLOSYN MOVED , AND IT WAS SECONDED , TO AMEND COUNCIL BILL NO. 4, BY CHANGING "WILL " TO "MAY" IN THE FINAL WHEREAS CLAUSE . Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said if there isn 't any further discussion , we will vote on the amended council bill. Vote reaulta : Motion c rn d Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nay : None l Englewood City Council January 8, 2007 Page 11 Mayor Wolosyn said thank you .... thank you Bob . (iii) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an amendment for the Denver Seminary Planned Unit Development and to schedule a Public Hearing on February 5 , 2007 to take public comment on the proposed amendment. She said, by background , the original PUD was approved by Council as Ordinance No. 52 , Series 2004 . The Denver Seminary site was purchased by Continuum Partners in 2005 and per the PUD, any amendments that are purposed must follow the PUD process, which would be a complete review again through Public Hearings of Planning and Zoning Commission and Council. The applicant submitted the amendment application on October 30th , after having the pre-application neighborhood meeting on October 1 i h, and the Planning Commission reviewed and recommended approval on December 5th . The original PUD rezoned the site to allow 350 residential units and 65,000 square feet of retail space . The original PUD remained in effect , unless it is modified by these Amendment 1 measures and the request is to amend specific aspects of the original PUD . The general character of the PUD is not being changed . It is still a for-sale residential development with a retail component. There is no change to the allowed uses and no change to the building height. What is being proposed is a change to the layout of the development, the building configurations and through that, the building envelopes ... that is the area in which buildings can be built. .. the landscaping setbacks , and the phasing of the development , as well as a reduction in the retail space and thus a reduction in the retail parking ratio, as well as changes to the turn lane on South University onto Hampden to mitigate intersection conflicts that were identified with COOT. Again, the request is to set a Public Hearing to address this issue on February 5th . Mayor Wolosyn asked if there were any questions for Tricia . Council Member Woodward said with regard to the neighborhood meetings , the type of feedback that you received at those, can you share that with us? Ms . Langon said I would say generally favorable. Most were just there to have questions answered . The applicant has done something similar to the original applicant and talked to the neighborhood groups ahead of time . They were still working closely with Kent Village and with the neighborhood to the north, because of the sound wall . So, a lot of that discussion was occurring ahead of time ... so, I think , generally favorable . Council Member Woodward said okay and were there any discussions on the shadowing or the study for the shadowing with the revised building there ... on the north side of Floyd Place , I believe it is? Ms . Langon said my understanding fr om the developer that they did not do a new shadow study, but did an interpolation from that study based o n the new building layout. I th ink how they explained it at that meeting ... the shadow would possibly be longer, but for a shorter period . Mr . Woodward said I wonder if they could share that with us at the Public Hearing . I know Arapahoe County addressed it in their materials also ... a concern regarding that. The other question I have is on changing the two lane turns from University onto Hampden into one lane, which I assume means that lane is going to be much longer ... Ms . Langon said correct. Which , Mr. Woodward said, gets it r ight back to one of the entrances , I assume . Ms . Langon said not quite as far back as the entrance . but it will be longer than what was proposed . And the reason it is going back to a single lane is the double lane offsets the intersection too much for cross traffic onto south bound University. Mr. Woodward said okay. Ms . Langon said I am sure their traffic engineer will be here on the 5th and can explain all that. Mr. Woodward said if the traffic people feel that works , can address that.. .but , it just seems that two lanes move more traffic than one lane , if the lights are the same. Ms . Langon said I will leave that to the traffic engineer. Council Member Oakley said the offset. .. that might be if the lane is longer on 285 , they may be able to go ahead and make a right and slow down and stay in that lane a little longer and then progress out into traffic . Council Member Tomasso said but the light sequence wouldn't be any different. You wouldn 't get any more vehicles ... if you had two lanes you would get twice as many vehicles through the light . Council M mber Woodward said and you wo uld get them right to the entry here as they are turning , so ... it 1s up to ng1n ring Englewood City Council January 8, 2007 Page 12 Council Member Mccaslin said I'm trying to recall ... wasn't there a discussion about the availability of the fire department to get into the first proposal? Has that been addressed ... the safety issues as far as hydrants, water and so forth? Ms . Langon said with the new layout, the internal roadways are actually wider, so that will actually help with the emergency vehicle traffic through there . Mr. Mccaslin said was that the original concern ... it was just getting the fire trucks in there? Council Member Moore said it is an issue of distance ... the distance from ... it is one of the furthest points ... and it is relatively densely populated, as opposed to actual configuration . Mr. Mccaslin said okay, thanks. Council Member Moore said I just want to second Jim 's comment. I would definitely like to hear specifically about the shadowing during the Public Hearing . Ms . Langon said I will make sure to pass that along, so that they will be able to address it. Mayor Wolosyn asked if there were any other questions . There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) • COUNCIL BILL NO. 5 AND TO SET A PUBLIC HEARING ON FEBRUARY 5, 2007. COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT NO . 1 . Mayor Wolosyn asked if there were any comments . There were none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill No . 51, approving amendment of Title 15, Chapter 3, of the Englewood Municipal Code 2000 on Graffiti Abatement was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 1 , SERIES OF 2006/2007 . ORDINANCE NO . 1, SERIES OF 2006/2007 (COUNCIL BILL NO . 51, INTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AMENDING TITLE 15, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO GRAFFITI. Vote resul ts : Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said I would like to add that I saw the new Citizen and I appreciate the article on graffiti on the front page . (ii ) Council Bill No . 53 , authori zing the sale of the property located at 2360 South Zun i Str t wa con 1der d . Englewood City Council January 8, 2007 Page 13 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) • ORDINANCE NO. 2 , SERIES OF 2006/2007 . ORDINANCE NO. 2 , SERIES OF 20 ,,6/2007 (COUNCIL BILL NO . 53 , INTRODUCED BY COUNCIL MEMBER \"OODWARD) AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL. Vote results : Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays: None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Cho ice (i) Mayor Wolosyn said I know there is go ing to be a funeral for Jim Ulrich tomorrow at 10 :30 a .m . I would just like to have the address ... maybe it could be forwarded ... the address of the Catholic Church . Director Olson said it is at the Light of the World Church at Bowles and Kipling. Mayor Wolosyn said maybe he would like to talk a little bit about tomorrow . Director Olson said the serv ices will be at 10 :30 at Light of the World Church . We figure the service will be about 45 m inutes long , so it is going to be relatively involved . There will be a lot of people attend ing this serv ice so if you are interested in com ing , I would suggest that you get there probably around 10 o 'clock or 10 :15 . M ike has the add ress here . It is 10316 West Bowles . Thanks Mike . There will be plenty of parking available for tha t. Abou t 11 :30 we w ill start the procession , wh ich w ill proceed from the church to Ft. Logan and w ill be in Assembly Area A . Aga in , everybody is we lcome to be in the process ion , so there w ill not be a lot of m ingling afterward s ... most l ik ely we ha v e to be relatively o n ti me fo r the Ft. Logan cerem ony . There w ill be a fly ove r by Airlife helicopters ... both at the church and at the interment. The interment will be at Ft. Logan at noon and those generally won't take more than 15-20 minutes . Then the reception will be back here in the Community Room at 1 o'clock . At that time we will be able to have an open mike, so to speak , for remembrances and so forth , regarding Jim . That is essentially the plan for tomorrow . Again , it is a very tragic situation ... something that came about very rapidly and caught a lot of us off guard . Jim was very brave right up until the end , but unfortunately the disease finally took hold and he did pass away from it. We will be there to remember him tomorrow and ho pefully all of you will , if nothing else, be able to make it at least to the reception if possible , if not to the service itself. Mayor Wolosyn said please extend my condolences to the Department. Council has sent something to the family . Thank you . Director Olson said I w ill be do ing the eulogy tomorrow and I will be mentioning that during th eulogy . (ii) Mayor Wolo yn said also tomorrow at 10:30 is the Grand Op ning for th Noodle over h r (111) M yor Wolo yn td H ppy N w Y r . Englewood City Council January 8 , 2007 Page 14 (b) Council Members ' Choice (i) Council Member Barrentine : 1 . She sa id I want to thank Community Development again . I like the innovative th ings that you are doing and one of those has brought yet more investment into the community and fortunately , this time, in my distr ict. The building at Quincy and Broadway will be demol ished and a Starbucks is going up on there ... a n ice corner for tha t. That property has been , I believe , vacant for the vast majority of the time that I have been on Council. Do you have an update on it? I'm excited about it. I'm very happy . It is going to look really good right across from the brand new Bank West that was just bu ilt. It is start ing to move down there . Director Simpson said we are excited about it too . It is going to be a new Starbucks at 4298 South Broadway . Building permits are approved . They are getting ready to do the approval of a demo permit and as a result , it will have a spring construction timeframe . As Council Member Barrentine had mentioned, it has been vacant for some time and as a result it was previously a gas station , a used car lot and now moving into the redevelopment process . The site has a very large frontage on Broadway and it will be what they call a company Starbucks as opposed to a franchise Starbucks ... the first one on the north portion of Broadway. And I think because of the fact that it is a company Starbucks , they are actually upgrading the landscaping and architecture , so I think we are going to see an improved level of that. That's really all , but we are excited . Council Member Barrentine said it will be a drive-thru . Director Simpson said it will be a drive-thru . Ms . Barrentine said , once again , when I talked to Epic Construction , when I talked to the gentlemen there that were working and the manager ... just excellent things that they sa id about work ing w ith the City ... that makes all the d ifference in bringing this kind of investment in and I am glad to see it hitting on South Broadway ... it won 't be the last of it. And with you and Darren working with these guys , I am impressed . Thank you very much . Director Simpson said thank you . He noted that Public Works , the Building Department and Utilities all really contribute to making these things work and make it happen . Thank you very much . Mayor Wolosyn sa id thank you Bob . 2 . She sa id I wanted to po int out the report from Public Works . While I enjoyed the first storm and the second sto rm and I am very impressed w ith my block and my neighborhood and I love l iving in Englewood for th e se k in d s of ti mes when all the ne ighbors come togethe r and we wen t and had cook ies at each others hou ses, ha d ho t chocolate a nd shoveled each others ' walks . I am sure that we were all k ind of burnt out by the third one, bu t im pres sed to see the kind of comments that were made about Publ ic Works ... that you guys go t out there , that you got out there right away . I he ard most of the com pliments fr om peop le wh o , unfortunately, had to deal with Denver, Aurora and Lakewood , because that was where the real. .. the proof was in the pudding when they had to go outside this community and realize that we hold to a pretty high standard and that Rick Kahm and his department maintains that. I also found out , in talking to Rick , that that department has been cut by about a third over the last eight years and for them to perform ... those 18 men ... to go ahead and perform to the level that they did, I am extremely proud . I'm also proud of my neighbors . We shoveled a lot , but we did that for free and I am just really happy to see the report here and I don't think it could be said better ... that the conclusion of this report from Public Works says : Public Works has managed its budget well through 2006 and at this time, that Rick believes. that these additional expenditures from these storms can be covered within the 2006 budget. .. so a lot of work and excellent budget news on the same report . Congratulations . I really appreciate all the hard work ... that was excellent. 3. She said I wanted to bring up one concern that I had about the things that were said earlier with the dog issue . I have a concern that it 1s being put across . at this point , that people are just getting all this wrong information and that they Just misunderstood and blew things out of proportion . At that Study Session , at that m ting , where th v1c1ou dog ord 1nanc wa discussed . at the same time and the same packet was presented br d p c1 f1c b n ordinanc It wa d 1 cus ed . It was agreed on . The Issue has not gone away. It was not on th nd . but th r w n ordin nc d raft d fo r br d p c1f1c ban ning p it bull . It wa includ d o p pl h d v ry n ht to h v tho cone rn nd tho I u . b c u w w r d 1 c u 1ng 1t nd om body Englewood City Council January 8, 2007 Page 15 had taken the t ime to put an ordinance together. Wh ile it was my understanding that we were not interested in a breed specific ban , the ordinance , nonetheless , showed up . So, it is still on the table as far as I can tell. It is still being discussed . And so, if people are bringing those issues up, they didn't just pull it out of thin air. It was something that really, truly happened at that meeting . While the time ran out and we never did get to additional talk about that...it existed . And so , if people have a concern about those issues then I would believe that they should stay concerned that it is still being discussed with in Council. Mayor Wolosyn said I just want to second your comment about Public Works . Thank you for bringing up those well deserved comments . (ii) Council Member Mccaslin said I just want to say thank you to Rick Kahm and his office . I had one complaint and it was taken care of right away . But I also read in the paper where there is Federal money available . I don't know if we can get any of that money or if it is offered to us ... do you know? City Manager Sears said actually Rick and Mike have been talking about that. Actually if it is okay, a quick statement about that would probably be a good thing . Rick, do you want to talk about that? Director Kahm said it was advertised on the television this week that there would be some FEMA money available . I met with Mike first thing this morning . It is still unclear as to exactly what they will cover. .. they will cover some overtime costs, possibly some equipment rental costs . The dates that they will cover are still unclear. The events started on the 201 h here . When we were reading it today, it sounded like it might only be through the 22nd ... but we will follow up on that. But, whatever is available , we will actively pursue . In the 2003 storm , I think Mike said that they refunded this at 75% of our expenditures . So, there may be something there , but we just don't know what it is yet. Council Member Mccaslin said thank you . Mayor Wolosyn said thank you . And thank you Bob, for bringing that up . (iii) Cou 1 ,..:ii Member Moore said I will move Council Bill No. 2 , which is an attempt to clarify some existing language with respect to storage of trailers in residential areas ... we are attempting to add more detail , where we weren't specific enough before . Mayor Wolosyn said I would like to add that trailers were not actually defined and it made it possible for any size veh icle to be stored on property and this ordinance clar ifies the type of tra ilers that may be stored . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO APPROVE COUNCIL BILL NO. 2. COUNCIL BILL NO . 2 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER 9 , SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , TO CLARIFY THE TYPE OF TRAILERS THAT MAY BE STORED . Mayor Wolosyn asked if there was any discussion . Council Member Oakley said in the second "Whereas" ... they need to add an "or" between rear and side ... to match the other word ing further on in the ord inance. Mayor Wolosyn asked if there were any other comments or disc uss ion . Council Member Woodward said I ju st want to make a po in t that th is addresses tra il ers ... ! actually had two calls regarding th is ... it does not address motor homes and other items ... th is is trailers on ly. So nothing is changed w ith regard to motor homes. Council M mb r Barrentine aid I would dd that ov r th cour of th thr y ars that I hav b non Council , w 'v h d num rou public m ting wh r peopl h v obJ ct d to th origin I ordin nc th t w nt in on Englewood City Council January 8, 2007 Page 16 trailers to begin with . I would have like to have seen us have a Public Hearing on this , so that some of these issues could have been addressed since we are changing something that has been somewhat controversial and now limiting it again . So , I will be voting no against it for that reason . I really think that we should have made the effort for something that was controversial to at least hear from the public . Mayor Wolosyn said thank you . Vote results: Ayes : Council Members Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : Council Member Barrentine Motion carried and Council Bill No. 2 was approved as amended . [Clerk's note: Council Bill No . 2 was listed on the Agenda as Item No . 12 (b) (i).J (iv) Council Member Oakley : 1. He said I too would like to commend all the City employees that helped us through this storm and the emergencies that it created . Of course, everybody knows that the bulk of it falls on Public Works , but there are other divisions involved too . What Rick said about being able to accomplish what they did ... and accomplish it with fewer men . As you know, I can really attest to that, because I originally helped set up the plan and we followed the plan , I think pretty much this time as we set up almost 20 years ago . They worked then and they work now. Good job. Mayor Wolosyn said Wayne I would like to thank you for the comments you made to a citizen ... they were helpful to me. 2 . He said since we are going to be talk ing about the dog ordinance and attacks on animals and stuff ... l did have a call from a citizen who actually lives on my block ... 4600 block on Mariposa ... and this is a vicious animal , but it is not a dog . Unfortunately, two neighbors had three dogs attacked and one killed by a fox and partly devoured one dog . So , this may be something that we may have to be addressing in the future when it comes to vicious animals . Council Member Woodward said I think , but I don 't know for a fact , but I think that Colorado Wildlife is a venue for them . Council Member Oakley said I am sure they will be, but nevertheless, a v icious animal is a vicious animal. Mr. Woodward said yes , no question . (v) Council Member Tomasso : 1. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 3 AND TO SET A PUBLIC HEARING ON FEBRUARY 5 , 2007 . COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AMENDING TITLE 7 , CHAPTER 1-A, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED "DOGS AND CATS ". Mayor Wolosyn said thank you and I would like to add that since recent discussion has focused on the adequacy of the current law concerning vici ous dogs , we revisited this issue . Currently, a dog is declared vicious if it has two convictions for aggressive behavior . There is concern that this is not an effective policy . Counci l studied a recent ordinance enacted in Lafayette , as well as other ordinances and articles submitted by citizen and Council and , after discussion , we gre d upon th languag of thi propo d ordinanc which 1nclud d f1nihon of v1c1ou dog long with prov, ion for own r hip of uch dog 1n Engl wood W I o Englewood City Council January 8, 2007 Page 17 added language , which was mentioned earlier in the meeting , to 7-1-A-2C regarding the definit ion of the dog being under reasonable control. This section now also states that a dog in an unfenced yard, without a person present, is not under reasonable control. And the proposed ordinance also adds a provision that makes tethering unlawful , if a dog is left tethered, unattended on a cord or chain of less than four feet for more than an hour . And as we said, we will have a Public Hearing to take more information on this . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I have some concern . There were several community groups that have dealt with th is on a nationwide , statewide level, doing legislation and I had proposed to them that some of their ideas ... that they might go ahead ... run that past Dan . They had some questions about this ordinance and some concerns and I thought it would be worthwhile to work with them ahead of time to be proactive and see what their concerns were, especially since this is their forte . I came to find out that , specifically he had been told by the Mayor and Mayor Pro Tern , that he was not allowed to discuss this with any outside group . I disapprove of limiting any citizen's availability to bring their concerns ... and any method ... and I will be voting no against this , because I still haven't heard those concerns and I think that they have got a lot of expertise here . It shouldn't have been ignored and it certainly shouldn't have been stunted . Mayo.[ Wolosyn said I would like to say that I have had no conversation with the citizen . However, I do say that at the meeting where we worked for two hours on this , I recommended to Council that it come to us in ord inance form and have a Public Hearing, so that we can all hear the information and work on it and make any adjustments we feel. .. all of us getting the information at the same time and I asked if Council concurred and they said yes and I think that is how that information was forwarded to that person . I look forward to hearing them at the Public Hearing . Council Member Woodward said I just want to address that too . I think I certainly know who you are talk ing about and the question was posed to me and it was posed to the City Attorney's office and the City Attorney's office felt that, together with staff and their legal department , they had enough to write an initial ordinance and the suggestion was that they should come forward at the Public Hearing or work with us . And I have worked with this particular ind ividual qu ite a bit on th is and listened to her ... not totally agreeing with all of the points and things that have been brought up by them . But , this particular citizen and others , I am certainly willing to listen to , but I don 't think anybody ... Ms . Barrentine said while I respect that you had an opportunity to work with them , wh ich you have limited them from be ing able to do was to have an opportunity to work with staff and other Council people . So , that is nice that you got to talk to them . I think it is inappropriate for us to prohibit staff from be ing able to get addi ti onal information from people w ith an expertise in it. I th ink it was inappropriate. Mayo r Wolosyn sa id I would like to say that I take responsibility fo r this . I made a decis ion and asked Counc il to concur that we see this in o rd inance form, we see w hat we are pu tti ng forth and then all of us take publ ic inp ut at the same time and move forward as we work on this , as we did for two hours . And I would like to end that discussion , but I see Wayne wants to make a comment. Council Member Oakley said I was going over the memos that Mike had forwarded to us and out of the sixteen memos, as near as I could tell, only three of them were Englewood citizens . I would certainly like to hear more from our citizens on this and less hype from some as far away as California . Vot e resu lts: Ayes : Nays : Motion carried . Council Members Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Council Member Barrentine (Clerk 's note : Council Bill No . 3 was listed on the Agenda as Item No. 12 (b) (ii).) 2 . He said on the Thursday afternoon of the blizzard , the South Business BID District did meet even though th bank clo d at 11 o 'clock . We did meet at the restaurant across the street and concluded all of the bu 1n th y n d d to contmu with for 2006 , including passing the budget. So , all of the BID members are Englewood City Council January 8, 2007 Page 18 very serious about this BID . They did close their bus inesses shortly after the meeting and try to make it home during the blizzard . 3 . He said also I came back the Friday after Christmas . It was nice to reach Englewood where the streets were plowed. Thanks Rick . There are a couple of snow potholes ... do I turn those over to you ... those really deep ones? {vi) Council Member Woodward said again I want to compl iment Rick and all of Public Works and the other departments that worked . I know a lot of peop le slept a lot of hours at the Servicenter. I can't imagine it is a very comfortable place to spend the night or day, but I think you have done a really , really great job considering the conditions . I am real proud of what Englewood did. Thank you . 13 . City Manager's Report {a) City Manager Sears said I would also like to just say thanks to Rick and his crews because they did stay here . Also Mike Flaherty was here . I was out of town over the last couple of weeks. He made some tough decisions and both he and Leigh Ann Hoffhines , I think , were very responsive to the citizens . I know Mike did a great job, along with our Police Department that was out there on the streets doing things . We also had seven water main breaks during that timeframe , so our water crews were also out. I really appreciate the work and I get to work with a really good staff. {b) City Manager Sears said we d id get the Colorado Business magazine. I sent you a copy of it. That is the new one statewide with the new governor on the front and above the governor it says , "Who owns Colorado? Englewood 's Upward Projection ". So I guess we kind of took a little bit of the thunder from the new governor. Actually , it was really nice to , aga in , see some art icles abou t Economic Development in Englewood . Mayor Wolosyn said thank you . 14 . City Attorney's Report {a) City Attorney Brotzman said I do have one comment.. .back to the dog ordinance. On one of the citizen 's comments , which were very well articulated and they were debated by Safety Services , the prosecution staff, through my office and courts . The first one being the definition of attack . I personally don 't like using the word "attack" in the definition . Th is is going to go forward as it is ... it will show up this way at the Publ ic Hearing . I actually agree with t hat. The prosecutor's office actually advocated keeping it the same , because it has been that way and it tracks the State Statute . We went with the prosecutor's office reading and interpretation on tha t. There was also a comment about bod ily injury and se r ious bod ily harm . Now those are two fas ci na ti ng defin iti on s, becau se w hi le t hey are sti ll con ta ined in the ord inan ce , they are no longer referenced . In previous drafts , there was "attack" and there was "vicious" animals. As you will now see , the owner is responsible for an attack . They are responsible , it is not prohibited . The reason that that was changed was that there was a fear when these were merged together ... and then the Lafayette ordinance, together with the Englewood ordinance and through the various debates, what happened is there was a fear that "attack" would be a lesser charge that you wouldn't have to meet all the conditions for . We removed the charge of "attack" by dog . You have vicious dog , which eliminates the two pieces . There used to be "att ack by dog" and "vicious dog". The "attack by dog" being a lesser charge ... meaning you would need bodily injury, not serious bodily injury. The fear again was that the prosecutor's office would plead that down always to attack instead of v ici ous . Thus you have two definitions that are no longer important, because you only have vicious dog with the owner responsible now for any attack by a dog . Mayor Wolosyn said I bel ieve this is what I was trying to get at when I was asking you how is a dog ... City Attorney Brotzman said right , so the answer is th is is making sausage and we are seeing inside the casing . Mayor Wolosyn said so Dan , are you going to bring up so me information that clarifies this? I think her point about the redundancy of the use of the word "attack" was well taken , but I wasn't necessarily ready to accept her replacement, becaus we did have discussions on just a menacing attitude and all of that that we also ... ( Englewood City Council January 8, 2007 Page 19 City Attorney Brotzman said there is a simple change that you can make to that. I'll propose that. .. 1'11 give that to you in memo form so that you can see it. I w ill also give you the prosecutor's reasoning on why it shouldn't be changed . Mayor Wolosyn said okay, I would appreciate that. He is going to give us a memo on what he just said . Council Member Moore said I'm sorry. That probably would be helpful. I wasn't sure if you were saying we could el iminate "bodily harm " ... "serious bodily harm". Mr. Brotzman said actually, as it is currently drafted, you may. We left them in, in case you wanted to change back and put "attack" back in, but currently they have no real use . Mr. Moore said on second reading, if we don't have any use for them, we could eliminate those two definitions? Mr. Brotzman said we could eliminate those . Mr. Moore said thank you . Mayor Wolosyn said you will give us a memo to that affect? Mr. Brotzman said sure. 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8:55 p .m . ~· ti.~ D PROCLAMATION WHEREAS , influenza , also known as the flu , is a contagious , potentially serious preventable viral disease ; and WHEREAS , more than 200 ,000 people are hospitalized for flu-related complications and 36 ,000 Americans die each year from complications of flu ; and WHEREAS , over 380 chi ldren in Colorado were hospitalized with the flu during the 2005-2006 flu season;and WHEREAS , during the 2005-2006 flu season, 41 pediatric deaths were reported from 14 states and in Colorado, 2 children died ; and WHEREAS, influenza vaccination is the single most effective means for preventing infection with the flu virus and associated complications ; and WHEREAS , people 50 years of age and older, people of any age with chronic medical conditions, and children 6 to 23 months of age are at substantially increased risk for influenza related hospitalizations; and WHEREAS , the Advisory Committee on Immunization Practices of the CDC , the American Academy of Pediatrics, and the American Academy of Family Physicians recommend vaccinati on of these groups ; and WHEREAS, influenza vaccination can reduce both healthcare costs , hospitalization and death associated influenza illness ; and WHEREAS , in order to reduce the likelihood of influenza illness of children 6 months of age and up , they must be re-vaccinated each year because the flu virus may change ; and WHEREAS , the best time to be vaccinated against influenza is prior to peak flu season which is in February; and WHEREAS , flu shot providers in Colorado have as a goal to immunize and protect as many people as possible so that no one suffers from the flu this season; NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim the month of January 2007 as : FLU SHOTS FOR KIDS MONTH in the C ity of Englewoo d , Co lorado . I urge all citizens of Englewood to rec ogni ze the importance of flu shot imm unizations for children and adults to protec t themse lves, their fa milies and the ir communities . GIVEN under my hand an d seal thi s 16 th d ay of Janu ary , 2007. O lga Wo losyn , M ayor Ba ) COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 Ci Resolution Re-appointing Hearing Officers Initiated By: Staff Source: Human Resources Department Sue Eaton, Director of Human Resources RECOMMENDED ACTION Staff recommends the Englewood City Council adopt a Resolution re -appointing those Hearing Officers on the list approved in 2005 to hear Merit and Disciplinary appeals. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Council passed Resolution No. 81, series of 2005 appointing a panel of qualified Hearing Officers to hear Disciplinary and Merit Appeals. The panel, once established, may be re-appointed by the Council on an annual basis . LIST OF ATTACHMENTS Resolution Resumes of Current Panel of Hearing Officers l (. RESOLUTION NO. SERIES OF 2007 A RESOLUTION SEITING THE LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS . WHEREAS , the Englewood City Council passed Ordinance No.19, Series of 1996 which modified the Englewood Municipal Code in regard to disciplinary and merit appeals; and WHEREAS , Ordinance No. 19, Series of 1996 repealed the duties of the Englewood Career Service Board and provided that in matters of disciplinary and merit appeals, the City Council would appoint hearing officers to hold hearings and make findings and determinations; and WHEREAS, the passage of this Resolution will provide a list of persons for appointment as hearing officers for a period of one year and who may be reappointed by Council on an annual basis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment as hearing officers for disciplinary and merit appeals by the City of Englewood: Bennett S . Aisenberg Ronald J. Cohen John P . Difalco ADOPTED AND APPROVED this 16th of January, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucrishia A. Ellis, City Clerk ,• BENNETT S. AISENBERG RESUME Law Offices of Bennett S . Aisenbe1g, PC., Denver, Col01ado, 1980 -present Partne1, Gorsuch, Kiigis, Campbell, Walker and Grover, Denver, Colorado , 1958 -1980 B.A , Economics, Brown University, 1952 LL.B ., Harvard Law School, 1955 U.S . Almy, 1955 -1957 Marquis Who's Who in Ameiica President, Brown University Club of Colorado, 1967 -1970 President, Haivard Law School Association of Colorado, 1984 -1985 Denver , Colmado, Massachusetts, and American Bar Associations Colorado Bax · Foundation Ame1ican I 1ial Lawyers Association Colorado Trial Lawye1s As sociation, Board Member, 1977 -1984; President, 1984 - 1985; Life Time Achievement Award, 1996 Lecture1, Colorado Trial Lawyers Association, 1973 -present Trial Lawye1s fo x Pub lic Justice, State Ch aii pe1son (Co l01ado ) Founding Member , Public .Justice Foundation International Society of Bar1iste1s Ce1tification as a Civil Ttial A dvocate, National Boaid of I1ial Advoc acy, 19 84 -1994 Judicial Nominating Commission (Denvet) -Gubematmial Appointment, 1988 -1994 RESUME OF RONALD J. COHEN 2325 West 72nd Avenue Denver, Colorado 80221 303-427-7584 Qualifications: Juris Doctor Degree University of Denver June, 1968 Admitted by Colorado Supreme Court October, 1968 Admitted by United States District Court October, 1968 Admitted by United States Court of Appeals March, 1971 Admitted by United States Supreme Court March, 1972 General Legal Experience: Staff Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law CoITUJlerce City, CO -1970-1972 Partner Gehler & Cohen Attorneys at Law Commerce City, CO -1972-1982 Sole Practitioner Ronald Cohen , Attorney at Law Denver, CO -1982 to present Municipal and Governmental Legal Experience: Assistant County Attorney Adams County , CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Commerce Ciry, CO -1970-1982 Prosecuting Attorney Northglenn, CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, CO -1972-1982 City Attorney Lafayette, CO 1975-1990 Personnel Hearing Officer: Northglenn, CO Blackhawk, CO Parker, CO Elizabeth, CO Littleton, CO Englewood, CO Judicial Experience: Presiding Judge Northglenn, CO -1982 to present Presiding Judge Federal Heights, CO -1982-1990 Presiding Judge Corrunerce City, CO -1987 to 2002 Presiding Judge Lochbuie, CO -1999 to 2002 Presiding Judge Hudson, CO -2001 to present Administrative Law Judge Adams County, CO -1988 to 1994 NAME: AMERICAN ARBITRATION ASSOCIATION RESUME FORM Centrestone Bus iness Park , 8010 South County Road 5, Su ite 206 • W indsor, CO 80528-9004 • Telephone : (970) 530-2121 • Facs imile : (970) 530-2122 • John P. DiFalco CURRENT EMPLOYER/fITLE: Self-employed -Arbitrator/Mediator Difalco Corporation -President OCCUPATION: Attorney, Arbitrator EXPERIENCE: Over 35 years of experience as a civil trial lawyer specializing in government, administrative, and business contract law including signficant experience in the practice of arbitration, mediation, and other forms of alternative dispute resolution. As a municipal attorney , participated in the construction management of major projects inlcuding performing arts center; senior center; recreation facilities; airport improvements; and wastewater, transportation, and waterways. Familiar with disputes relating to differing site conditions; design defects; change orders; surety bonds ; and municipal, state , and federal contract law. Possesses considerable government experience , including negotiations with federal and state government agencies in connection with the construction of public buildings , wastewater and water treatment facilities , transit systems, and airports . Adjunct Professor Law at Regis University in Denver, Colorado . Arbitrator since 1980. As panelist for the American Arbitration Association and the Federal Mediation and Conciliation Service, has engaged in the practice of labor, commercial, and construction arbitration, mediation, and other alternative dispute resolution. Clients include numerous public and private entities throughout the nation. Experience in mediating or arbitrating cases invol vin g arb itrab ility, contract interpretati on, delay s, d e si gn de fect s, produ ct liability, remedies, an d m any other is su es. ISSUES: Arbitrability , benefits, cotnract interpretation, discharge, discipline, discrimination, external law, grievance procedure , job assignments, job classification, pay, seniority, subcontracting out , tenure issues (higher education), timeliness. IN DUSTRIES: Entertaimnent, government (federal , state and local), grocery, higher education, meat packing, mining, oil and gas, postal , professional sports, public utilities, retail , schools, steel, telephone , transportation. - \VORK HISTORY: President, Difalco Corporation, 1980-present; Owner, John P. Difalco & Associates , P.C., 1987-2003 ; City Attorney, City of Greeley, CO , 1980-1987; Chief Negotiator/Labor Relations Attorney, City/County of Denver, 1977-1980 ; Hearing Examiner, U.S. Postal Service, 1972- 1977 ; Attorney & Labor Relations Specialist, U .S. Postal Service , 1972-1977, Attorney , Real Estate and Procurement; General Counsel , U.S. Postal Service. EDUCATION: Ohio State University (BA-1965; JD-1968); University of Northern Colorado (MA-1986). PROFESSIONAL ASSOCIATIONS: American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Committees on Public Sector Labor Relations, Arbitration Committee, and Office Management Committee); Industrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Association; National Academy of Arbitrators. PROFESSIONAL LICENSES: Admitted to the Bar: Ohio , 1968; Colorado, 1972; District of Columbia, 1987 ; U .S. District Court, District of Colorado ; U.S. Court of Appeals: Tenth and Federal (1986) Circuits; U.S. Supreme Court (1972). PUBLICATIONS AND SPEAKING ENGAGEMENTS: "The New Ethics Regulations -Confusing and Likely to Be Changed", POSTMASTERS ADVOCATE, March 1991 ; "Sexual Harassment Revisited", POSTMASTERS ADVOCATE, May/June 1989; "Supreme Court Permits Office Searches of Public Employees", POSTMASTE RS ADVOCATE, December 1987; "Twenty Rules for Effecti ve Meaningful Bargaining", POSTMASTERS ADVOCATE, August 1987; "Children as Negotiators : Is Theirs an Acquired or Inherited Trait?", POSTMASTERS ADVOCATE, June 1987; "The Law and P oli cy on S ex ual Harassm ent", N ATION AL LEAGUE OF CITIE S, 1984; "Coll ectiv e Bargaining", NEW ENGLAN D MUNICIPALITIES, 198 2; rep ri nted , N IMLO LAW DOCKET, 1983 and WASHINGTON ASSOCIATION OF CITIES, 19 83; ''Negotiation Impasse Planning", OKLAHO:MA MUNICIPALITIES , 1981; "Municipal Strike Planning", COLORADO MUNICIPALITIES, 1980; SUPERVISOR'S GUIDE TO DISCIPLINE, 1979, revised 1985; "Management Negotiators: A New Breed", NATION'S CITIES, May 1978; "Rights of Criminals While Incarcerated", OHIO STATE UNIVERSITY LAW JOURNAL, 197 8 ; DISCIPLINE AND GRJEV ANCE HANDLING, 1973, revised 19 86. ALTERNATIVE DI S PU TE RES OLU TION TRAINI NG: Basic AAA Arbitrator Training, Denver, CO; AAA Advanced Arbitrator Training, New York, NY; Labor Arbitrator II , Phoenix, AZ ; Advanced Arbitrator Training, Phoenix, AZ. LO LE: Fort Collins, CO/Denver, CO/Loveland, CO ( Denver Bar Association -P1esident 1991 -1992; I1ustee, 1982 -1985, 1987 -1990; Repzesentative to Board of Governors of Colorado Bar Association, 1978 -198 0 ; Chairpe1son, Entertainment Committee, 1975 -1977; ChaiJperson, Task Force to Assess Legal System, 1985-1986; Award of Merit, 2003 Colm ado Bar Association -President, 1998 -1999; Chairperson, Interp1ofessional Committee, 1978 -1980; Chairperson, Alternative Disputes Resolution Committee on Employment, 1979 -1980; Ethics Committee, 1986 -present; Amicus Cwiae Committee, 1991 -1994 Instructo1, Torts, University ofDenve1, School of Law, 1961 -1963 lnstiuctor, Real Estate Law, University of Colorado Extension School, 1960 -1963 lnstiuctor, National Institute fo1 Trial Advocacy, 1985 -1990 American Board of I rial Advocates National Academy of Albitrators; Member, Committee on Law and Legislation, 1986 - present; Rocky Mountain Region Chairperson, 1984 -1985 Labor Albitxator, Federal Mediation and Conciliation Setvice 2 , COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21" Century (TEA-21 ). • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with COOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fox to Lehow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. • Council approved Ordinance No. 31, Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their commitment to provide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Trail Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimated project cost ($613,387.50} consists of a construction contract with Goodland Construction in the amount of $518,387.50, a Professional Services Agreement with ASCG , Inc. in the amount of $60,000, and a constru ction contingency in the amount of $35 ,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2002, Englewood, on behalf of SSPF, applied to the Denver Regional Council of Governments (DRCOG) for federal funds and agreed to be the "local project sponsor" for the section of Big Dry Creek trail from Fox to Greenwood Point Oust east of Broadway ). The project was selected, and Englewood received $600,000 in federal funds toward the total estimated construction cost of $1,500,000. The project was di ided into smaller segments to accommodate right-of-way issues matching funds cash flow. Phase I (Fox to Lehow) was completed in 2004. Phase II (Broadway to Greenwood Point) will onstru t 900 f et of trail under Broadway, beginning just west of Broadway and t rminating ea t of Broadway at the Greenwood Point de elopment. The section between Lehow and Broadway is on hold until easements are acquired from two I roperty O\ n rs . The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain . Urban Drainage has committed $50,000 towards the construction. Per our agreement with the SSPF, they will provide the remaining matching funds. SSPF has confirmed that funds are available and obligated for this segment. SSPF consultant, ASCG, completed design of the project in October and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT has determined that the low bidder, Sabells Enterprises, did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached COOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation . The Engineers estimate for the project is $571,777.00. Detailed below are the costs associated with the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35.000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is contributing $50,000 per our IGA (Ordinance No. 16, 2006). SSPF is contributing the remaining $445,387.50 per our agreement (Ordinance No. 31 , 2006 ). LIST OF ATTACHMENTS Construction Contract Form-Good land Construction Professional Services Proposal from ASCG , Inc. COOT Concurrence to Award letter Bid Tab ulation CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 16th day of January, 2007, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Goodland Construction, Inc., whose address is 760 Nile St. Golden, CO 80401, ("Contractor"). Commencing on the 26th day of October, 2006, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained: A . Contract Documents : It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Performance Payment Maintenance Bond Contract Specification Prepared by ASCG dated October 26 , 2006 Appendix A Geotechnical Report Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R1 , R2 , R3 , R3A, R4 & RS Colorado Department of Transportation (COOT) -Standard Specifications for Road & Bridge Construction -Standard Special Provis ions Addendums No. 1 and No. 2 1 B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies , equipment, materials and everything necessary for and required to do, perform and complete all the work described , drawn, set forth, shown and included in said Contract Documents. C . Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) davs from being notified to commence work by the Director of Public Works and agrees to fully complete said work within eighty (80) working davs, plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the Contract Documents and Specifications. D. Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination , at least thirty (30) days before the effective date of such termination . In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award , less payments of compensation previously made. If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause , the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award , the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effect ive date of te rmi natio n. In that event, all f urn is hed or unfi nished service s, at the option of the City, become its property, an d the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished . Notwit hstanding th e a bove , th e Contractor shall not be rel ieved of the liability to the C ity for damages susta ined by th e City by virt ue of breach of the aw ard by th e Contractor, and the Ci ty may with ho ld any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G . Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance w ith 2 the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H. Appropriation of Funds : At present, $518,387.50. has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts 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. I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the 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. 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 certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program " (authorized by P.L.204 of 1041h Congress and amended by P .L.156 of 1081h Congress) that Contractor does not employ any illegal aliens . And, if not accepted into the "basic pilot program" prior to entering into this Contract, Contractor further verifies , Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed , whichever is earlier. [CRS 8-17 .5-102{2){b}{I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-1 02(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall; (1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17.5-102(2)(b)(lll)(A) & (8).) (3) Exception: If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal 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 investigation pursuant to C .R.S . 8-17.5-102 (5). [CRS 8-17 .5-102(2)(b)(IV).] (f} Damages for Breach of Contract: The City may term inate th is contract for a breach of contract , in whole or in part, due to Contractor's breach of any section of th is paragrap h . 3 Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in 5 counterparts. CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ by~~~~~~~~~~~~~ Party of the Second Part Mayor Party of the First Part ATIEST: ATIEST: Secretary City Clerk 4 ASCG INCORPORATED ENG INEERS • ARCHITECTS • SURVEYORS • PlAN NERS August18,2006 David Henderson Special Projects Coordinator City of Englewood Department of Public Works/Engineering Services 1000 Englewood Parkway Englewood, Colorado 80110 RE: Proposal for Construction Related Services for Phase 2 , Big Dry Creek Trail- Broadway to Greenwood Point. Dear: Mr. Henderson: ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related Services for Phase 2 of the Big Dry Creek Trail extension , as referenced above . SCOPE OF WORK Construction related services would include : • Bidding Services , i ncluding Pre -Bid , Addenda , Bid Opening and Pre-Con • Periodic observation of construction , estimated to be 20 hours per week for a period of 14 weeks ; • Rev iew of Submittals (by ASCG Inc , st ructural rev iews by Jorgense n & Close unde r S u b c ontrac t) • Providing clarifications of Construction Documents as needed; • ROW Staking (by Western States Surveying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic Observation of weed control , revegetat ion operations (by The Restoration Group under subcontract) • Tracking compl eted work and approving periodic pay estimates; • Assist with Change Order documentation and preparation as needed; • Assist with documentation for compliance with Federal requirements ; • Project Closeout, Final Pay Estimate, and Record Drawings . 125 W 8022 BUDGET We have estimated the following budgets for the work : Bidding Services Periodic Construction Observation Misc. Construction Services (office engineering) Weed Control, Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/Thompson) Project Closeout per Federal/COOT Requirements TOT AL, Estimated Construction Services (Standard) $ 2,400 $30 ,700 $ 9 ,700 $ 5 ,000 $ 1,800 $ 5,000* $ 5.400 $60,000* * The above estimate assumes that a soil-anchored wall system will not be required, based on test excavations completed during construction. However, if existing soil conditions are found to warrant a soil-anchored wall system , then the costs for CTL Thompson to observe installation of tiebacks , conduct proof load testing of tiebacks, observe post-tensioning of tiebacks , and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above estimates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis. If unusual or unforeseen conditions arise, which require a more intensive observation effort and more time to document and resolve , we will notify the City so that adjustments in the budget or other measures can be considered . Construction related services will be completed on an hourly basis in accordance w ith the attac hed Rate Schedule (Append ix A) and billed on a monthly basis . Sincerely, ASCG , Incorporated a:!l:~ Senior Project Engineer Enclosures : Rate Schedule William R. Kendall, P.E. Vice President 125 W. Bay ud Av ., SUit 200 L ewood, Color do 80228 ~58 5550 Fax 303-480-97 ' ....... Personnel APPENDIX A ASCG Incorporated Schedule of Hourly Rates Rarn dftttivt January I, 2006 through Drcrmbrr .31 , 2006 Principal Engineer Senior Engineer Senior Project Engineer/Senior Project'Manager Senior Geologist/H ydro-Geologist Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist 11 GIS Professional Staff Professional Geologist/Hydro-Geologist I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident Field Representative Project Field Repres entative Ill Project Field Representative II Project Field Representative I Technical, Senior Designer II Technical, Senior Designer I Technical , Proj ect Technical, Staff Technical, Design D ivi sio n Adm ini st rator Word Processor Two-Person Survey Crew Automobile expenses at S0.405 per mile. Rental Vehicle at direct cost plus 10"/e Out-o f -Town Travel Per diem at $30/day for meals , Lodging at direct cost plus 10"/e Third pany expenses arc billed a, cost plus 10"/e. Co pying, telephone, cowier. FAX and posta~ arc included in bill rates. Ex pert Tcs tnnony · To be negotiated latrrnr or 1.5% per ..... will k tha'lfd oa all lavokr .. ,oHls 6t days past dae fre• l avoiu date. Tl,is Sdiftlillr of ••Its h CMSitlnd 6J, ASCG l11co,po,w,,rt1,o 6t 'CONF'IDEN71AL 'hi/---. •rlffsr •/ My i11/°"".,;o,, -••rtl l,ffd11 # tl,lrt/ ,-ffio is ,,,..,,itilrtl WUlt•t up,as ltlrittt,, C'OMn,t -f ASCG l~ftlel. 2006 Rate $147 $128 $120 $120 $107 $107 $95 $95 $95 $83 $83 $7) $71 $63 $89 $80 $70 $9) $8) $71 $60 $97 $85 $74 $57 $4 3 $50 sso $132 I I I I I I i l I I ( DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue Denver, Colorado 80222 Telephone : (303) 757-9736 Facsimile: (303) 757-9868 January 2, 2007 Mr. David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, co 80110 Dear Mr. Henderson: STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvrnnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -COOT Form 605, Contractors Performance Capability Statement -COOT Form 606, Anti-Collusion Affidavit -COOT Form 621, Assignment of Anti-Trust Claims and -Documentation of conformance with COOT UDBE Contract Goal Policy, the City's award of Project STE M395-009 to Goodland Construction is approved . Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction . Your cooperation in this matter is appreciated . Officer 0 BIG DRY CREEK Tkn,L IMPROVEMENTS PHASE 2-BID TABULATION Page 1 COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21 '1 Century (TEA-21 ). • Council approv ed Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with CDOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fox to Lehow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. • Council approved Ordinance No. 31 , Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF ) regarding thei r comm itment to provide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Trail Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimated project cost ($613 ,387.50) consists of a c onstruction contrac t with Goodland Construction in the amount of $518,387.5 0, a Professional Servi c es Agreement with ASCG , Inc. i n the amount of $60,000, and a c o ns tr uction c ontingen cy in the amount of $35,000. BA CKGROUND, ANALY SIS, AND ALTERNATIVES IDENTIFI ED In 2002, Englewood, on behalf of SSPF, applied to the Denver Regional Council of Governments (DRCOG) for federal funds and agreed to be the "local project sponsor" for the section of Big Dry Creek trail from Fox to Greenwood Poin t Uus t eas t of Broadway). The p roject was selected, and Eng lewood received $600,000 in federal funds t oward the tota l estimate d construction cost of $1,500,000. The project was divided into smaller segments to accommodate right-of-way issues matching funds cash flow. Phase I (Fox to Lehow) was completed in 2004. Phase II (Broadway to Greenwood Point) will construct 900 feet of trail under Broadway, beginning just west of Broadway and terminating east of Broadway at the Greenwood Point development. The section between Lehow and Broadway is on hold until easements are acquired from two property owners. The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain . Urban Drainage has committed $50,000 towards the construction. Per our agreement with the SSPF, they will provide the remaining matching funds. SSPF has confirmed that funds are av ailable and obligated for this segment. SSPF consultant, ASCG, completed design of the project in October and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT has determined that the low bidder, Sabells Enterprises , did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached COOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation . The Engineers estimate for the project is $571,777.00. Detailed below are the costs associated w ith the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35.000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is c ontributing $50,000 per our IGA (Ordinance No. 16, 2 006). SSPF is contributing the remaining $445,387.50 per our agre em ent ( Ordinan c e No. 3 1, 2006 ). LI ST OF ATTACHMENTS Construction Contract Form-Goodland Construction Professional Services Proposal from ASCG, Inc. COOT Concurrence to Award letter Bid Tabulation CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement , made and entered into th is 16th day of January, 2007, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Goodland Construction, Inc., whose address is 760 Nile St. Golden , CO 80401 , ("Contractor"). Commencing on the 25th day of October, 2006, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools , supplies , equipment, materials and everything necessary and required for the following : PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained : A. Contract Documents : It is ag reed by the parties hereto that the following list of instruments , drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of th is ag reement as if they were set out verbatim and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Performance Payment Maintenance Bond Contract Specification Pre p ared by ASCG dated October 26 , 2006 Appendix A Geotechnical Repo rt Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R1 , R2 , R3 , R3A, R4 & RS Colorado Department of Transportation (COOT) -S tandard Specifications for Road & Bridge Construction -Standard Special Provisions Addendums No. 1 and No. 2 1 B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools , supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described , drawn, set forth , shown and included in said Contract Documents. C . Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within eighty (80) 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 Specifications . D . Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless , exonerate or assume the defense of the Contractor or any other person or entity, for any purpose . The Contractor shall defend , indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands , suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. · E. Termination of Award for Convenience : The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination . In that event all finished or unfinished service , reports , material (s) prepared or furnished by the Contractor after the award shall , at the option of the City, become its property . If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or stipulat ions of the award , the City shall have the right to terminate the award by giving written notice to t he Contractor of such termination and specifying the effect ive date of term inat io n. In t hat eve nt, all furn ished or unfin ished services , at the opt ion of the City , become its property, and the Contractor shall be entitl ed to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished . Notwithstanding the above , the Contractor sh all not be relieved of the liability to t he City fo r d am ag es sustained by the Ci ty by vi rtue of brea ch of the award by t he Contract or , and th e Ci ty may w ith hol d a ny payments to the Contractor fo r t he purpose of set off until such time as the exact amount of damages due the City from t he Contractor is determined . G . Terms of Payment: The C ity agrees to pay the Contractor for the performance of all the work required under th is contract, and the Contractor agrees to accept as his full and only compensation therefo re , such sum or sums of money as may be proper in accordance w ith 2 the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H. Appropriation of Funds: At present, $518,387.50. has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriat( i and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without per '.ty or expense except as to those portions of the Agreement or other amounts for which funds have already been appropriated or are otherwise available. The City shall immediately notify the contractor or its assignee of such occurrence in the event of such termination . I. Contract Binding: It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors . Verification of Compliance with C.R.$. 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. 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 certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program" (authorized by P .L.204 of 1041h Congress and amended by P.L.156 of 1081h Congress) that Contractor does not employ any illegal aliens. And, if not accepted into the "basic pilot program" prior to entering into this Contract, Contractor further verifies, Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed, whichever is earlier. [CRS 8-17.5-102(2)(b)(I).] (c) limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall; ( 1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17.5-102(2)(b)(lll)(A) & (B).] (3) Exception: If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal 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 investigation pursuant to C .R.$. 8-17.5-102 (5). [CRS 8-17 .5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate this contract for a breach of con t ract , in who le or in part, due to Contractor's breach of any sect ion of th is paragraph . 3 Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF , the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written . This Contract is executed in 5 counterparts. CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ by~~~~~~~~~~~~~ Party of the Second Part Mayor Party of the First Part ATTEST: ATTEST : Secretary City Clerk 4 ASCG INCORPORATED ENGINEERS • ARCHITECTS • SURVEYORS • PLAN NERS August 18 , 2006 David Henderson Special Projects Coordinator City of Englewood Department of Public Works/Engineering Services 1000 Englewood Parkway Englewood, Colorado 8011 O RE: Proposal for Construction Related Services for Phase 2 , Big Dry Creek Trail- Broadway to Greenwood Point. Dear: Mr. Henderson : ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related Services for Phase 2 of the Big Dry Creek Trail extension , as referenced above . SCOPE OF WORK Construction related services would include : • Bidding Services , i ncluding Pre-Bid , Addenda , Bid Opening and Pre -Con • Periodic observation of construction , estimated to be 20 hours per week for a period of 14 weeks ; • Rev iew of Submittals (by ASCG Inc , structural rev iews by Jorgen s en & Close un der Subcontract) • Providing clarifications of Construction Documents as needed ; • ROW Staking (by Western States Surveying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic Observation of weed control , revegetation operations (by The Restoration Group under subcontract) • Tracking completed work and approving periodic pay estimates ; • Assist with Change Order documentation and preparation as needed ; • Assist with documentation for compliance with Federal requirements ; • Project Closeout, Final Pay Estimate , and Record Drawings . 125 W. B yaud Ave ., Suitt 200 L ood , Color do 80228 30 458,5550 I 303·480 7 -~------....... ....,...;;::..--------. BUDGET We have estimated the following budgets for the work : Bidding Services Periodic Construction Observation Misc. Construction Services (office engineering) Weed Control , Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/Thompson) Project Closeout per Federal/COOT Requirements TOTAL, Estimated Construction Services (Standard) $ 2,400 $30,700 $ 9 ,700 $ 5 ,000 $ 1,800 $ 5,000* $ 5,400 $60,000* * The above estimate assumes that a soil-anchored wall system will not be required, based on test excavations completed during construction . However, if existing soil cqnditions are found to warrant a soil -anchored wall system , then the costs for CTL Thompson to observe installation of tiebacks , conduct proof load testing of tiebacks , observe post-tensioning of tiebacks , and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above estimates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis. If unusual or unforeseen conditions arise , which require a more intensive observation effort and more time to document and resolve, we will notify the City so that adjustments in the budget or other measures can be considered . Construction related services will be completed on an hourly basis in accordance with the attached Rate Schedule (Appendix A) and billed on a monthly basis . Sincerely, ASCG , Incorporated a~:!.- Senior Project Engineer Enclosu res : Rate Schedule W illiam R. Kendall , P.E . Vice President 1259 W. Bay ud Av .. S 200 L kewood, Colorado 80228 03·458 5550 Fa 303-480-97 I Personnel APPENDIX A ASCG Incorporated Schedule of Hourly Rates Rares dftrtiv t J a nua ry I, 2006 through Derrmbt r 31 , 2006 Princ ipa l Engineer Senior Engineer Senior Project Engineer/Senior Project'Manager Senior Geologist/Hydro-Geologist Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist 11 GIS Professional Staff Professional Geologist/Hydro-Geologist I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident Field Representative Projec t Field Representative Ill Project Field Representative II Project Field Representative I Technical, Senior Designer II Technical , Senior Designer I Technical, Project T echnical, Staff Technical, Design Divis io n Adm in is trator Word Processor Two-Person Survey Crew Au1omob1lc expenses al S0.405 per mile. Renial Vehicle al direcl cos! plus 10% Out-of -Town Travel Per diem al SJO/day for meals , Lodging al direct cos! plus 10% Third pany expenses are billed ar cos! plus I 0-/o. Copying , telephone , courier , FAX and postage are included in bill rates . Expert Testnnony To be negotiated lnltrt tor 1.5°/o ptr month will bt rh1'1ftl oa 111 lavokt 11110Hts 6t days past d11t from lavoice date, This Sehtd#lt of R•tn ls cD11sldt"'I b)' ASCG htcorpon,td to k 'CONFIDENTIAL' i11/o,,,,.,;.,,. Rtlnst •f 1111y ir,for11t11tio11 c01Ulli11d ht1•d1t to t'lrd /Hlnla Is prolllllitd willlMt upras mnt1t COlfltlfl of ASCG hteorpon,td. 2006 Rate $147 $128 $1 20 $120 $107 $107 $95 $95 $95 $83 $83 $71 $71 $63 $89 $80 $70 $91 $8) $71 $60 $97 $85 $74 $57 $4 3 $50 $50 $132 DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue Denver, Colorado 80222 Telephone: (303) 757-9736 Facs imile : (303) 757-9868 January 2, 2007 Mr. David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, co 80110 Dear Mr. Henderson: STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvmnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -CDOT Form 605, Contractors Performance Capability Statement -CDOT Form 606, Anti-Collusion Affidavit -CDOT Form 621, Assignment of Anti-Trust Claims and -Documentation of conformance with CDOT UDBE Contract Goal Policy, the City's award of Project STE M395-009 to Goodland Construction is approved . Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction . Your cooperation in this matter is appreciated. Officer BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 2-810 TABULATION Page 1 I ... • COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21 '1 Century (TEA-21 ). • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with COOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fo x to Leh ow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. • Council approved Ordinance No. 31 , Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their comm itment to provide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Trail Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimated project cost ($613 ,38 7.50) consists of a construction contract with Goodland Construction in the amount of $518,387.50, a Professional Services Agreement with ASCG , Inc. in the amount of $60,000, and a constru c tion c ontingency in the amount of $3 5,000. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED In 2002, Englewood, on behalf of SSPF, applied to the Denver Regional Council of Governments (DRCOG) for federal funds and agreed to be t he "local project sponsor " for the section of Big Dry Creek trail from Fox to Greenwood Poin t (jus t eas t of Br oadway). The p roject was se lec ted, and Englewood received $600,000 in federal fu nd s towa rd th e total es timated cons tru c tio n cos t of $1 ,500,000. The project was divided into smaller segments to accommoda te right-of-way issues matching funds cas h flow. Phase I (Fox to Lehow) was comp leted in 2004. Phase II (Broadway to Greenwood Poin t) will cons tru c t 900 feet of trail under Broadway, beginning just west of Broadway and terminat ing eas t of Broadway at the Greenwood Point development. The section between Lehow and Broadway is on hold until easemen ts are acquired from two property owners. The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain. Urban Drainage has committed $50,000 towards the construction. Per our agreement with the SSPF, they will provide the remaining matching funds . SSPF has confirmed that funds are available and obligated for this segment. SSPF consultant, ASCG, completed design of the project in October and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT has determined that the low bidder, Sabells Enterprises, did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached COOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation. The Engineers estimate for the project is $571,777.00. Detailed below are the costs associated with the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35.000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is contributing $50,000 per our IGA (Ordinance No. 16, 2006). SSPF is contributing the remaining $445,387.50 per our agreement (Ordinance No. 31 , 2006 ). LIST OF ATTACHMENTS Construction Contract Form-Goodland Construction Professional Services Proposal from ASCG, Inc. COOT Concurrence t o Award letter Bid Tabula t ion CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 16th day of January, 2007, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Goodland Construction, Inc., whose address is 760 Nile St. Golden , CO 80401, ("Contractor"). Commencing on the 26th day of October, 2006, and continuing for at least ten (1 O) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following : PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE , in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained : A. Contract Documents: It is agreed by the parties hereto that the following list of instruments , drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings , and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Perform a nce Paym ent M ainten a nce Bond Contract Specificat ion Prepared by ASCG dated October 26, 200 6 Appendix A Geotechnical Report Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R1 , R2 , R3 , R3A, R4 & R5 Colorado Department of Transportation (COOT) -Standard Specifications for Road & Bridge Construction -Standard Special Provisions Addendums No. 1 and No. 2 l B. Scope of Work : The Contractor agrees to and shall furnish all labor, tools , supplies , equipment, materials and everything necessary for and required to do, perform and complete all the work described , drawn , set forth , shown and included in said Contract Documents. C . Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within eighty (80) 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 Specifications. D. Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend , indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits , actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Contractor need not indemnify or save harmless the City , its officers , agents and employees from damages resulting from the sole negligence of the City's officers , agents and Employees. E. Termination of Award for Convenience : The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service , reports , material (s) prepared or furnished by the Contractor after the award shall , at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award , less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply . F. Termination of Award for Cause : If, through any cause , the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or st ipulations of the award , the City shall have the right to term inat e the award by giv ing written notice to the Contractor of such term ination and specify ing the effective date of termination . In that event, all furnished or unfinished services , at the option of the City, become its property , and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents , prepared completed or materials as furnished . Notwit hstanding the above , the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under th is contract, and the Contractor agrees to accept as his full and only compens at ion therefore , such sum or sums of money as may be proper in accordance with 2 the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H . Appropriation of Funds: At present, $518,387.50 . has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts 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 . I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the 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. 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 certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program " (authorized by P .L.204 of 1041h Congress and amended by P.L.156 of 1081h Congress) that Contractor does not employ any illegal aliens. And , if not accepted into the "bas ic pilot program" prior to entering into this Contract, Contractor further verifies, Contractor will apply to participate in the "basic p ilot program " every three months until Contractor is accepted or this Contract is completed , whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor perfor m ing work under th is Contract knowingly employs or contracts w ith an illegal al ien , t he Cont ractor shall ; (1) Noti fy th e subcontract or and th e C it y w ith in th ree days that the Contracto r has actual knowledge that the su bc ontractor is empl oying or con t racting w it h an illegal alien ; an d (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-1 02(2)(b)(lll)(A) & (B).] (3) Exce pt ion : If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal alien . (e) Duty to Comply w ith State Inv es t iga t ion: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an in vest igation pursuant to C .R.S . 8-17 .5-1 02 (5). [CRS 8 -17.5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate th is contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of th is pa ragraph . 3 Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written . This Contract is executed in 5 counterparts . CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ by~~~~~~~~~~~~~ Party of the Second Part Mayor Party of the First Part ATIEST: ATIEST: Secretary City Clerk 4 August 18,2006 David Henderson Special Projects Coordinator City of Englewood ASCG INCORPORATED ENGINEERS • ARC HITECTS • SU RVE YORS • PLA NNERS Department of Public Works/Engineering Services 1000 Englewood Parkway Englewood, Colorado 8011 O RE: Proposal for Construction Related Services for Phase 2, Big Dry Creek Trail- Broadway to Greenwood Point. Dear: Mr. Henderson: ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related Services for Phase 2 of the Big Dry Creek Trail extension , as referenced above . SCOPE OF WORK Construction related services would include : • Bidding Services , including Pre-B id , Addenda , Bid Opening and Pre -Con • Periodic observation of construct ion , estimated to be 20 hou rs pe r week for a period of 14 weeks ; • Rev iew of Submittals (by ASCG In c, stru c tural reviews by Jo rgensen & C lo s e under Subc ontract) • Providing clari fications of Construction Documents as needed ; • ROW Staking (by Western States Surveying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic Observation of weed control , revegetation operations (by The Restoration Group under subcontract) • Tracking compl eted work and approving periodic pay estimates ; • Assist with Change Order documentation and preparation as needed; • Assist with documentation for compliance with Federal requirements ; • Project Closeout, Final Pay Estimate, and Record Drawings . 125 BUDGET We have estimated the following budgets for the work : Bidding Services Periodic Construction Observation Misc. Construction Services (office engineering) Weed Control, Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/Thompson) Project Closeout per Federal/COOT Requirements TOT AL, Estimated Construction Services (Standard) $ 2,400 $30,700 $ 9,700 $ 5,000 $ 1,800 $ 5 ,000* $ 5,400 $60,000* * The above estimate assumes that a soil-anchored wall system will not be required , based on test excavations completed during construction. However, if existing soil conditions are found to warrant a soil-anchored wall system , then the costs for CTL Thompson to observe installation of tiebacks, conduct proof load testing of tiebacks, observe post-tensioning of tiebacks, and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above estimates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis . If unusual or unforeseen conditions arise , which require a more intensive observation effort and more time to document and resolve, we will notify the City so that adjustments in the budget or other measures can be considered. Construction related services will be completed on an hourly basis in accordance with the attached Rate Schedule (Appendix A) and billed on a monthly basis . Sincerely, ASCG , Incorporated cZ:!:i:~ Senior Project Engineer Enclosures : Rate Schedule 125 W. Bay ucl Ave ., Sult 200 30 ·4 5550 William R. Kendall, P.E. Vice President I • ... Personnel APPENDIX A ASCG Incorporated Schedule of Hourly Rates Rares dftctin January I , 2006 lhroug h Decrmbrr JI , 2006 Principal Engineer Senior Engineer Senior Project Engineer/Sen ior Proje ct'Manager Senior Geologist/Hydro-Geologist Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist II GIS Professional Staff Professional Geologist/Hydro-Geologist I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident field Repre sentative Project Fi eld Repres entative Ill Project field Representative II Project Field Repre sentative I Technical, Senior Designer II Technical , Senior Designer I Technical, Proj ect Technical , Staff Techni cal , Design D ivis ion A dm inistrator Word Processor Two-Person Survey Crew Automobile expenses at S0 .405 per mile. Rental Vehicle at direct cost plus 100/o Our-of -Town Travel Per diem at S30/day for meals , Lodging al direcr cosr plu 10% Third pany expenses are bolled 11 cost plus I 00/o. Copying , relephone , courier , FAX and po rage are included on bill rares xpcn Testnnony To br nrgo11ated l11ttrt I or l .s•;. pu montlt will be th•'IM oa 1ll l1Yoict HIOHI "d1y1 pa I dH fro111 l.voict date. Tl,is Sdtttl,,/1 of R•m I co,uijtrd,,, ASCG /11cor,o,wtt Ill k 'CONFIDE/1/n,u 'lt,j-.ntM. Rrltvr •f M l,ifor11111tio11 ~•11d l,rrrJ11 ,. tl,lrtl /lflnla II Jl#'HIMtw/ wllltMt up,n ~" ,_,,,, •I ASCG I~ 2006 Rate $147 $128 $120 $1 20 $107 $107 $95 $95 $95 $83 $83 $7) $71 $63 $89 $80 $70 $91 $81 $71 $60 $97 $85 $74 $57 $4 3 $50 $50 $132 ' I 1 I I I . I I I i I 1 . I DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue Denver, Colorado 80222 Telephone : (303) 757-9736 Facsimile : (303) 757-9868 January 2, 2007 Mr. David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, CO 80110 Dear Mr. Henderson: STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvmnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -CDOT Form 605, Contractors Performance Capability Statement -CDOT Form 606, Anti-Collusion Affidavit -CDOT Form 621, Assignment of Anti-Trust Claims and -Documentation of conformance with CDOT UDBE Contract Goal Policy, the City's award of Project STE M395-009 to Goodland Construction is approved. Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction. Your cooperation in this matter is appreciated. Officer BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 2-BID TABULATION Page 1 COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21" Century (TEA-21 ). • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with COOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fox to Lehow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. • Council approv ed Ordinance No. 31 , Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF ) regarding their commitment to pro vide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Trail Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimated projec t cost ($613 ,387.50) consists of a construction contract with Goodland Construction in the amount of $518,387.50, a Professional Servi c es Agreement with ASCG , Inc. in the amount of $60,0 0 0, and a c on stru c tion c ontingen cy in th e amount of $3 5,000. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED In 2002, Englewood, on behalf of SSPF, applied to the Denver Regional Council of Governments (DRCOG) for federal funds and agreed to be the "local project sponsor" for the section of Big Dry Creek trail from Fox to Greenwood Point Uus t east of Broadway). The project was se lected, and Englewood received $600,000 in federal funds toward the total es t imated cons truc tion cost of $1,500,000. The project was di ided into smaller segments to accommodate right-of-way issues matching funds ca h flow. Phase I (Fox to Lehow) was completed in 2004. Phase II (Broadway to Greenwood Point) will cons tru c t 900 feet of trail under Broadway, beginning just west of Broadway and t rminating ast of Broad\ a at the Greenwood Point de elopment. The s ction between Lehow nd Br adv a i on hold until easements are acquired from two property owners. The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain. Urban Drainage has committed $50,000 towards the construction. Per our agreement with the SSPF, they will provide the remaining matching funds . SSPF has confirmed that funds are available and obligated for this segment. SSPF consultant, ASCG, completed design of the project in October and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT has determined that the low bidder, Sabells Enterprises, did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached COOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation. The Engineers estimate for the project is $571,777.00. Detailed below are the costs associated with the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35,000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is contributing $50,000 per our IGA (Ordinance No. 16, 2006). SSPF is contributing the remaining $445,387.50 per our agreement ( Ordinance No. 3 1, 2006 ). LIST OF AITACHMENTS Const ruc tion Contrac t Form-Goodland Construction Professional Services Proposal from ASCG, Inc. C O OT Co nc urre nce to Award letter Bid Ta bul ation CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 16th day of January, 2007, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Goodland Construction, Inc., whose address is 760 Nile St. Golden , CO 80401 , ("Contractor"). Commencing on the 26th day of October, 2006, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools , supplies, equipment, materials and everything necessary and required for the following : PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE , in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained : A . Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbat im and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Performance Payment M aintenance Bond Contract Specificat io n Prepared by A SCG dated Octo ber 26 , 2 006 Appendix A Geotechnical Report Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R1 , R2 , R3 , R3A , R4 & R5 Colorado Department of Transportation (COOT) -Standard Specifications for Road & Bridge Construction -Standard Special Provisions Addendums No. 1 and No. 2 1 ) B. Scope of Work : The Contractor agrees to and shall furnish all labor, tools , supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn , set forth, shown and included in said Contract Documents. C. Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within eighty (80) 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 Specifications . D. Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers , agents and employees from any and all claims, demands , suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract : provided, however, that the Contractor need not indemnify or save harmless the City, its officers , agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees . E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination , at least thirty (30) days before the effective date of such termination . In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property . If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award, less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply . F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or stipulations of the award , the City shall have the right to terminate the award by giving written notice to the Contractor of such terminat ion and specifying the effect ive date of terminat ion . In that event, all f urn ished or unfi nished services , at the option of the City , become its property, an d t he Contractor shall be entit led to receive just, equitable compensation for any satisfactory work documents , prepared completed or materials as furnished . Notwithstand ing the above, the Contracto r shall not be reli eved of the li ab ility to the City fo r damages susta ined by the City by virtu e of brea ch of t he awa rd by th e Contractor, and the City may withhold any pay ment s t o th e Contra ct or fo r the purpose of set off until such t ime as t he exact amou nt of damages d ue the Ci ty from the Cont ract or is determined . G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract , and the Contractor agrees to accept as his full and only compensation therefore , such sum or sums of money as may be proper in accordance with 2 the price or prices set forth in the Contractor 's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H. Appropriation of Funds: At present, $518,387.50. has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for w hich appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts 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 . I. Contract Binding: It is agreed that this Contract shall be binding on and insure to the benefit of the 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. 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 certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program " (authorized by P.L.204 of 104th Congress and amended by P.L.156 of 1081h Congress) that Contractor does not employ any illegal aliens . And , if not accepted into the "basic pilot program" prior to entering into this Contract, Contractor further verifies , Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed , whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre -employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall ; (1) Notify the subcontractor and the City within three days that th e Contracto r has actual know led ge t hat t he su bcontracto r is em plo yin g or contracting with an illega l alien; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (B).] (3) Exception : If the subcontractor provides information to establish that the subcontractor ha s not knowingl y em ployed or c ontracte d w it h an illegal alien and the subcontractor sto ps employing or contracting with the ille gal alien . (e) Duty to Comply with State Inve st igation : Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an invest igation pursuant to C .R.S . 8-17 .5-102 (5). [CRS 8-17 .5-102(2)(b)(IV).] (f) Damages for Breac h of Contrac t : The City may terminate this contract for a breach of con t ract , in whole or in part, due to Contractor's breach of any sect ion of th is paragraph . 3 Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in 5 counterparts . CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ by~~~~~~~~~~~~~ Party of the Second Part Mayor Party of the First Part ATIEST: ATIEST: Secretary City Clerk August18,2006 David Henderson Special Projects Coordinator City of Englewood ASCG INCORPORATED ENGI NEERS • ARCHITECTS • SURVEYORS • PLANNERS Department of Public Works/Engineering Services 1000 Englewood Parkway Englewood, Colorado 8011 O RE: Proposal for Construction Related Services for Phase 2, Big Dry Creek Trail- Broadway to Greenwood Point. Dear: Mr. Henderson : ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related Services for Phase 2 of the Big Dry Creek Trail extension , as referenced above . SCOPE OF WORK Construction related services would include : • Bidding Services , including Pre -B id , Addenda, Bid Opening and Pre -Con • Periodic observation of construction , esti mated to be 20 hours per week for a period of 14 weeks ; • Rev iew of Submittals (by ASCG Inc , structural reviews by Jorgen sen & Close under Subcontract) • Providing clarifications of Construction Documents as needed; • ROW Staking (by Western States Surveying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic Observation of weed control, revegetation operations (by The Restoration Grou p under subcontract ) • Tracking compl eted work and approving periodic pay es timates; • Assist with Change Ord er documentation and pre paration as needed; • Assist with documentation for compliance with Federal requirements ; • Project Closeout , Final Pay Estimate, and Record Drawings . 125 L OOd, Color do 80228 ax 303 480 97 BUDGET We have estimated the following budgets for the work : Bidding Services Periodic Construction Observation Misc. Construction Services (office engineering) Weed Control , Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/Thompson) Project Closeout per Federal/COOT Requirements TOT AL, Estimated Construction Services (Standard) $ 2 ,400 $30,700 $ 9 ,700 $ 5,000 $ 1,800 $ 5 ,000* $ 5.400 $60,000* • The above estimate assumes that a soil-anchored wall system will not be required, based on test excavations completed during construction. However, if existing soil conditions are found to warrant a soil-anchored wall system, then the costs for CTL Thompson to observe installation of tiebacks, conduct proof load testing of tiebacks , observe post-tensioning of tiebacks , and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above estimates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis. If unusual or unforeseen conditions arise, which require a more intensive observation effort and more time to document and resolve, we will notify the C ity so that adjustments in the budget or other measures can be considered . Construction related services will be completed on an hourly basis in accordance with the attached Rate Schedule (Appendix A) and billed on a monthly basis. Sincerely, ASCG , Incorporated 3::!::!.- Senior Project Engineer Enclosures: Rate Schedule W illiam A. Kendall , P.E. Vice President 12596 W . Bayaud Ave ., Suite 200 · Lakewood , Colorado 80228 303-458-5550 · Fax 303-480-97 I! 1: ,, 1, I II Ii I \t • Personnel APPENDIX A ASCG lncorporattd Schedule or Ho.rly Rate Rales rfftttiv r JHury I , 2-tllr oqll l ltf••ll.r J I, 2llfo Principa l Engineer Senior Engineer Senior Project Engineer/Senior Proje ct Man1 1er Senior Geologist/H ydro-Geologist Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist II GIS Professional Staff Professional Geologist/Hydro-Geologist I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident Field Representative Project Field Repre sentative Ill Project Field Representative II Project Field Representative I Technical. Senior Desianer II Technical, Senior De signer I Technical, Project Technical, Staff Technical , Design Di vis ion Admin istra tor Wor d Processor Two-Person Survey rew Automobile expenses 11 SO 405 pe1 mile Rental Vehicle at direct cost plus 10" Out-of -Town Travel Pn diem II S de)' fo, nwel , Lod11111 II direct cost plus 10"/o Third pany upenscs we billed II t plus 10", Copying , telephone , courier . f A,'( Ind polllfC .,. 1ncludld ,n b,H ratn Expen Testunony To be "'M<II'**' ln ltrtsl of 1.5% ,rr-lfl •Ill II, clla~ • al I Hek• ••Hnl16t day, past d•e from lnvoitr date. Tltu Sd!MI, ,( II-. Ir~*', ,4.f('C I~"' k 'CONFIDENTIAL ' 111/0,,,.•tiott. ltdns, •f .,., i,ef°""...,, nt#MJ,u,I lt,m,, "' llll,fl ,.,._ Ir ,._#Ml# .... ,,,, u,,,r:n twin,11 "1mmt of ASC<i IIICOrpo,,,ld. 2006 Rate $147 $128 $120 $1 20 $107 $107 $95 $95 $95 $83 $83 $71 $71 $63 $89 $80 $70 $9) $8) $71 $60 $97 $85 $74 $57 $43 $50 $50 $132 I I i . ! ' DEPARTMENT OF TRANSPORTATION Contract, and Market Analysis Branch 4201 East Arkansas Avenue Denver , Colorado 80222 Telephone : (303) 757-9736 Facsimile : (303) 757-9868 January 2, 2007 Mr . David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, CO 80110 Dear Mr . Henderson: STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvmnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -COOT Form 605, Contractors Performance Capability Statement -COOT Form 606, Anti-Collusion Affidavit -COOT Form 621, Assignment of Anti -Trust Claims and -Documentation of conformance with CDOT UDBE Contract Goal Policy, the City's award of Project STE M395-009 to Goodland Construction is approved. Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction . Your cooperation in this matter is appreciated. Officer D BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 2-BID TABULATION Page 1 ~;000.UO: (f09'l, COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21 •1 Century (TEA-21 ). • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with CDOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fox to Lehow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the Distri ct. • Council approve d Ordinance No. 31, Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their commitment to provide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Tr~il Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimat d project cost ($613 ,387.50) consists of a construction contract with Goodland Construction in th amount of $518,387.50, a Professional Services Agreement with ASCG , Inc. in the amount of $60,000, and a construction contingency in the amount of $35 ,000. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED In 2002, Englewood, on behalf of SSPF, applied to the Denver Regional Council of Go mm nt (DRCOG) for federal funds and agreed to be the "local project sponsor" for the s tion of Bi Dry Creek trail from Fox to Greenwood Point Oust east of Broadway). The project wa I t d, nd Englewood received $600,000 in federal funds toward the total estima t ed co n tru t f $1 ,5 00,000. The project was divided into smaller segments to accommodate right-of-way I u m I hing und ca h flow. Phase I (Fox to Lehow) was completed in 2004. Phase II (Bro dw I Gr nw d Poi nt) will onstru t 900 f t of trail under Broadway, beginning ju t w t of Br dv, nd t rminating east of Bro d ay at the Greenwood Point de elopm nt. Th t n b M n h w nd Br oad-. a is on hold until s ments ar cqui r d from two prop rty \.'n r . The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain. Urban Drainage has committed $50,000 towards the construction . Per our agreement with the SSPF, they will provide the remaining matching funds. SSPF has confirmed that funds are available and obligated for this segment. SSPF consultant, ASCG , completed design of the project in October and the project was advertised for construction bids . Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT has determined that the low bidder, Sabells Enterprises, did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached COOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation. The Engineers estimate for the project is $571,777.00. Detailed below are the costs associated with the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35.000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is contributing $50,000 per our IGA (Ordinance No. 16, 2006). SSPF is contributing the remaining $445,387.50 per our agreement (Ordinance No. 31 , 2 006 ). LIST OF ATTACHMENTS Construction Con tract Form-Goodland Construction Professional Services Proposal from ASCG, Inc. COOT Concurrence to Award le tter Bid Tabu lat ion , CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 16th day of January, 2007, by and between the City of Englewood, a municipal corporation of the State of r.olorado hereinafter referred to as the "City", and Goodland Constru<. ·-,n, Inc., whose address is 760 Nile St. Golden , CO 80401, ("Contractor"). Commencing on the 26th day of October, 2006, and continuing for at least ten (1 O) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools , supplies, equipment, materials and everything necessary and required for the following : PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained : A. Contract Documents : It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to e ither as the Contract Documents or the Contract and all of said instruments, drawings , and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set o ut verbatim and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Performance Payment M aintenance Bond Contract Specification Prepared by ASCG dated Oct ober 26, 2006 Appendix A Geotechnical Report Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R1, R2, R3 , R3A, R4 & R5 Colorado Department of Transportation (CDOT) -Standard Specifications for Road & Bridge Construction -Standard Special Provisions Addendums No. 1 and No. 2 1 B. Scope of Work : The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within eighty (80) 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 Specifications . D. Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands , suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City 's officers, agents and Employees. ' E. Termination of Award for Convenience : The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination . In that event all finished or unfinished service , reports , material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property . If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award , less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply . F. Termination of Award for Cause : If, through any cause , the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants , agreements or stipulations of the award , the City shall have the right to terminate the award by g iv ing written notice to the Contracto r of such term ination and specify ing the effective date of terminat ion . In th at event, all furnished or unfinished services, at the option of the City , become its property , and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents , prepared completed or materials as furnished . Notwithstanding the above , the Contractor shall not be relieved of the liability to the City f or damages sustained by the City by virtue of breach of the award by the Contractor, and the Ci ty may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work requ ired 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 2 the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H. Appropriation of Funds: At present, $518,387.50. has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts 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 . I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the 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. 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 certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program " (authorized by P .L.204 of 1041h Congress and amended by P .L.156 of 1081 h Congress) that Contractor does not employ any illegal aliens. And, if not accepted into the "basic pilot program" prior to entering into this Contract, Contractor further verifies, Contractor will apply to participate in the "basic pilot program " every three months until Contractor is accepted or this Contract is completed , whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under th is Contract knowingly employs or contracts with an illegal al ien , the Contractor shall ; ( 1) Not ify the subcontractor and the City w ith in th ree days that the Contractor has actual knowledge that the subcontractor is employi ng or contracting with an illeg a l alien ; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (B).] (3) Exception : If the subcont ractor provides information to establish t h at the subcontractor has not knowingly empl oye d or contracted with an illeg al alie n and t he subcontractor stops employing or contracting with the illegal alien . (e) D uty t o Compl y w ith Sta te Invest igat ion : Contractor shall comply with any reasonable request of the Colorado Dep~ rtment of Labor and Employment made in the course of an investigation pursuant to C .R.S . 8-17.5-102 (5). [CRS 8-17.5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in whole or in part, due to Contractor's breach of any section of th is paragraph . 3 Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract . IN WITNESS WHERE OF, 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 written . This Contract is executed in 5 counterparts . CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ by~~~~~~~~~~~~~ Party of the Second Part Mayor Party of the First Part ATIEST: ATIEST: Secretary City Clerk 4 August18 ,2006 David Henderson Special Projects Coordinator City of Englewood ASCG INCORPORATED ENGINEERS • ARC HITECTS • SU RVEYO RS • PLANNE RS Department of Public Works/Engineering SeNices 1000 Englewood Parkway Englewood, Colorado 80110 RE: Proposal for Construction Related SeNices for Phase 2, Big Dry Creek Trail- Broadway to Greenwood Point. Dear: Mr. Henderson : ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related SeNices for Phase 2 of the Big Dry Creek Trail extens ion , as referenced above. SCOPE OF WORK Construction related seNices would include : • Bidding Services , includ ing Pre-Bid , Addenda , Bid Opening and Pre -Con • Periodic obseNation of construction , estimated to be 20 hours per week for a period of 14 weeks ; • Review of Subm ittals (by ASCG In c, stru ctu ral reviews by Jorg ensen & Clos e un de r Subcontract) • Providing clarifications of Construction Documents as needed ; • ROW Staking (by Western States SuNeying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic ObseNation of weed control , revegetation operations (by The Restoration Group under subcontract) • Tracking compl eted work and approving periodic pay estimates ; • Assist with Change Order documentation and preparation as needed ; • Assist with documentation for compliance with Federal requirements ; • Project Closeout , Final Pay Estimate , and Record Drawings . 125 228 BUDGET We have estimated the following budgets for the work: Bidding Services Periodic Construction Observation Misc. Construction Serv ices (office engineering) Weed Control, Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/fhompson) Project Closeout per Federal/COOT Requirements TOT AL, Estimated Construction Services (Standard) $ 2,400 $30,700 $ 9 ,700 $ 5,000 $ 1,800 $ 5,000* $ 5,400 $60,000* * The above estimate assumes that a soil-anchored wall system will not be required , based on test excavations completed during construction. However, if existing soil conditions are found to warrant a soil-anchored wall system , then the costs for CTL Thompson to observe installation of tiebacks , conduct proof load testing of tiebacks, observe post-tensioning of tiebacks , and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above estimates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis . If unusual or unforeseen conditions arise , which require a more intensive observation effort and more time to document and resolve , we will notify the City so that adjustments in the budget or other measures can be considered. Construction related services will be completed on an hourly basis in accordance with the attached Rate Schedule (Appendix A ) a nd billed on a monthly bas is . Sincerely, ASCG , Incorporated ct:::f:!.-- Senior Project Engineer Enclosures : Rate Schedule 1259 W. Bay ud Av William R. Kendall , P.E. Vice President a Personnel APPENDIX A ASCG Incorporated Schedule of Hourly Rates Rates dfrctin January I , 2006 through Dttrmbu 31, 2006 Principal Engineer Senior Engineer Senior Project Engineer/Senior Project'Manager Senior Geologist/Hydro-Geologisl Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist II GIS Professional Staff Professional Geologist/Hydro-Geologisl I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident Field Representative Project Field Representative Ill Project Field Representative II Project Field Representative I Technical, Senior Designer II Technical, Senior Designer I Technical, Project Technical, Staff Technical, Design D ivision Administrator Word Processor Two-Person Survey Crew Automobile expenses at SO 405 per mile. Rental Vehicle at direct cost plus 10% Out-of-Town Travel Per diem at SJO/day for meals , Lodging at direct cost plus 100!. Third pany upenscs arc billed at cost plus I 00/e. Copying, telephone , cowicr. FAX and postage arc included in bill rates Expen Tesumony To be negotiated lntnt tor 1.s•.4 prr IIIH" will be cha~ o• all lH·olcr HIOHh 6t days past dH from IHoitr dat T1ris Srlt,.,/~ of II~ Is CMsit/Hf(/ 61 ASCG IIIClll'pONIH IP H 'CONF/DEIVTJAL 'Ill,/.,,,...,._ lldn,st •f 11111 ill,/-edo# rMttli11t'l llfff111 ,. tlllrl ,-,ta It ,nl,itiltt w111,.,,, ~ ...... ~ffll -J ASCG /~ 2006 Rate $147 $128 $120 $120 $107 $107 $95 $95 $95 $83 $83 $71 $71 $63 $89 $80 $70 $91 $81 $71 $60 $97 $85 $74 $57 $43 $50 $50 $132 ; 1, '" .I i i ' I I . . I i i I i i ' I ! : 1 I 1 I i 1 I DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue Denver, Colorado 80222 Telephone : (303) 757-9736 Facsimile : (303) 757-9868 January 2, 2007 Mr. David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, CO 80110 Dear Mr . Henderson: STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvmnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -CDOT Form 605, Contractors Performance Capability Statement -COOT Form 606, Anti-Collusion Affidavit -COOT Form 621, Assignment of Anti -Trust Claims and -Documentation of conformance with COOT UDBE Contract Goal Policy, the City's award of Project STE M395 -009 to Goodland Construction is approved. Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction . Your cooperation in this matte r is appreciated. Officer BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 2-810 TABULATION Page 1 u COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21 '1 Century (TEA-21 ). • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement (IGA) with CDOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fox to Lehow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. • Council approved Ordinance No. 31 , Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their commitment to provide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Trail Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimated project cost ($613,387.50) consists of a construction contract with Goodland Construction in the amount of $518,3 87.50, a Professional Services Agreement with ASCG , Inc. in the amount of $60,000, and a co nstruction contingency in the amount of $35,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2002, Englewood, on behalf of SSPF, applied to the Denver Regional Council of Governments (DRCOG) for federal funds and agreed to be the "local project sponsor" for the section of Big Dry Creek trail from Fox to Greenwood Point Oust east of Broadway). The project was selected, and Englewood received $600,000 in federal funds toward the total estimated construction cost of $1 ,500,000. The project was di ided into smaller segments to accommodate right-of-way issues matching funds cash flow. Phase I (Fo to Lehow) was completed in 2004. Phase II (Broadway to Greenwood Point) will onstru t 900 feet of trail under Broadway, beginning just west of Broadway and t rminating east of Broadway at the Greenwood Point development. The section between Lehow and Broadwa is on hold until easements are acquired from two property owners. The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain. Urban Drainage has committed $50,000 towards the construction. Per our agreement with the SSPF, they will provide the remaining matching funds. SSPF has confirmed that funds are available and obligated for this segment. SSPF consultant, ASCG, completed design of the project in October and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT has determined that the low bidder, Sabells Enterprises, did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached COOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation. The Engineers estimate for the project is $571,777.00. Detailed below are the costs associated with the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35,000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is contributing $50,000 per our IGA (Ordinance No. 16, 2006). SSPF is contributing the remaining $445 ,3 87.50 per our agreement (Ordinance No. 31, 2006 ). LIST OF ATTACHMENTS Construction Contract Form-Goodland Construction Professional Services Proposal from ASCG , Inc. COOT Concurrence to Award letter Bid Tabulation CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into th is 16th day of January, 2007, by and between the City of Englewood , a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Goodland Construction, Inc., whose address is 760 Nile St. Golden , CO 80401 , ("Contractor"). Commencing on the 26th day of October, 2006, and continuing for at least ten (1 O) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools , suppl ies, equipment, materials and everything necessary and required for the following : PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS , proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE , in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained : A. Contract Documents: It is agreed by the parties hereto that the following list of instruments , drawi ngs and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the part ies hereto and they are as fully a part of this ag reement as if they were set o ut ver batim and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Performance Payment Maintenance Bond Contract Specification Prepared by ASCG dated October 26 , 2006 Appendix A Geotechnical Report Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R1, R2 , R3 , R3A, R4 & RS Colorado Department of Transportation (CDOT) -Standard Specifications for Road & Bridge Construction -Standard Special Provisions Addendums No. 1 and No. 2 l B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools , supplies , equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. C. Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within eighty {80) 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 Specifications. D . Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty {30) days before the effective date of such termination . In that event all finished or unfinished service , reports , material {s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award , less payments of compensation previously made. If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award , the City shall have the right to terminate the award by giving written notice to the Contractor of such term ination and specifying the effective date of term ination . In that event, all furn ished or unfi n ished services , at the opt ion of the City, become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished . Notwit hstand ing th e a bove, the Contracto r shall not be relieved of the liabili ty to t he City fo r d a mages su sta ined by th e City by virtue of b reach of the awa rd by t he Contractor, and the City may w ithhold any payments to th e C ontractor fo r the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G . Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore , such sum or sums of money as may be proper in a cordance w ith 2 the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H. Appropriation of Funds: At present, $518,387.50. has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary , in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts 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 . I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the 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. Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts w ith 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 with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "bas ic pilot program" (authorized by P .L.204 of 1041h Congress and amended by P .L.156 of 1081h Congress) that Contractor does not employ any illegal aliens. And, if not accepted into the "bas ic pilot program " prior to entering into this Contract, Contractor further verifies , Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed, whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts w ith an illegal alien , the Contractor shall ; ( 1) Notify the subcontractor and the City w ith in three days that the Contractor has actu a l kn owle dge th at t he subcontra ct o r is e m ploy ing or contr ac ti ng w ith an ill ega l alie n; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (8).) (3) Exception : If the subcontractor provides informat ion to establish that the subcontractor has not know ing ly employed or contracted w it h an illegal alien and the subcontractor stops employing or contracting with the illegal alien . (e) Duty to Comply w ith Sta te In ves t igat ion: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an in vestigation pursuant to C .R.S . 8-17 .5-102 (5). [CRS 8-17 .5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in whole or in part, due to Contractor's breach of any section of this paragraph . 3 Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written . This Contract is executed in 5 counterparts. CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ Party of the Second Part by~~~~~~~~~~~~~ Mayor Party of the First Part ATIEST: ATIEST: Secretary City Clerk 4 ASCG INCORPORATED ENGINEERS • ARCHITECTS • SURVEYORS • PLANN ERS August18,2006 David Henderson Special Projects Coordinator City of Englewood Department of Public Works/Engineering Services 1000 Englewood Parkway Englewood, Colorado 80110 RE: Proposal for Construction Related Services for Phase 2, Big Dry Creek Trail- Broadway to Greenwood Point . Dear: Mr. Henderson : ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related Serv ices for Phase 2 of the Big Dry Creek Trail extension , as referenced above . SCOPE OF WORK Construction related services would include : • Bidding Services , i ncluding Pre -Bid , Addenda, Bid Opening and Pre-Con • Pe riodic observation of construction , estimated to be 20 hours per week for a period of 14 weeks ; • Review of Submittals (by ASCG Inc , structural reviews by Jorgensen & Close u nd e r Subcont ract ) • Providing clarifications of Construction Documents as needed; • ROW Staking (by Western States Surveying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic Observation of weed control, revegetation operations (by The Restoration Group u nder subcontrac t ) • Tracking com pl eted wor k and a p proving periodic pay est imates; • Assist wi th Change Ord er documentation and prepa rat ion as need ed; • Assist with documentation for compliance with Federal requirements; • Project Closeout, Final Pay Estimate , and Record Drawings . 12s w. Bayaud Ave .. Suite 200 Lakewood . Colorado 0228 03 ·"45 ·5550 Fu 303·"480 · 7 BUDGET We have estimated the following budgets for the work : Bidding Services Periodic Construction Observation Misc. Construction Services (office engineering) Weed Control , Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/Thompson) Project Closeout per Federal/COOT Requirements TOT AL, Estimated Construction Services (Standard) $ 2,400 $30 ,700 $ 9,700 $ 5 ,000 $ 1,800 $ 5 ,000* $ 5,400 $60,000* * The above estimate assumes that a soil-anchored wall system will not be required , based on test excavations completed during construction. However, if existing soil conditions are found to warrant a soil-anchored wall system , then the costs for CTL Thompson to observe installation of tiebacks , conduct proof load testing of tiebacks, observe post-tensioning of tiebacks , and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above estimates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis . If unusual or unforeseen conditions arise , which require a more intensive observation ettort and more time to document and resolve, we will notify the City so that adjustments in the budget or other measures can be considered . Construction related services will be completed on an hourly basis in accordance with the attached Rate Schedule (Appendix A) and billed on a monthly basi s. Sincerely, ASCG, Incorporated ct:f:,:~ Senior Project Engineer Enclosures : Rate Schedule William A. Kendall , P.E . Vice President 12596 W. Bayaud Ave ., Suite 200 · Lakewood , Color ado 80228 303·458 -5550 · Fax 303-480-9766 I Personnel APPENDIX A ASCG Incorporated Schedule of Hourly Rates Rares dreclin Janu ary I , 2006 through Dtttmbrr 31 , 2006 Principal Engineer Senior Engineer Senior Project Engineer/Senior ProjecfManager Senior Geologist/Hydro-Geologist Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist II GIS Professional Staff Professional Geologist/Hydro-Geologist I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident Field Representative Project Field Repres entative Ill Project Field Representative II Project Field Representati ve I Technical, Senior Designer II Technical, Senior Designer I Technical, Project Technical, Staff T echnical , Design D ivi s io n Adm ini strator \\lord Processor Two-Person Survey Crew Automobile expenses at S0.405 per mile. Rental Vehicle at direct cost plus 10% Out-of -Town Travel. Per diem at $30/day for meals , Lodging at direct cost plus 100/o Third pnny expenses are billed at cost plus I 0%. Copying , telephone , courier, FAX and postage are included in bill rates Expen Testimony . To be negotiated lntrrttt or 1.5,... per montli will be ch111ff o• 1ll l1voke HIOHIJ 6t d1y1 past dae fro111 lavoitt date. Tllis SdutlMI, of R•tn Is CtHll/t/ntt ty ASCG l1tcw,,o,wtffl IO k 'CONF'IDEN11A L '111/.,,,,.,._ Rrlffs, •f MJ 111/or"'.n"" C0111a11,t11,~,r1,, ,-'"" /#ll'fia Is ,,,.,,ititd wltl,Mt vtprns lflrittt11 CtHllnfl .J ASCG ltfff,,,.,._ 2006 Rate $147 $128 $120 $120 $107 $107 $95 $95 $95 $83 $83 $71 $71 $63 $89 $80 $70 $91 $8 1 $71 $60 $97 $85 $74 $57 $4 3 $50 $50 $132 DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Arkansas Avenue Denver, Colorado 80222 Telephone : (303) 757-9736 Facsimile : (303) 757-9868 January 2, 2007 Mr. David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, CO 80110 Dear Mr. Henderson : STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvmnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -CDOT Form 605, Contractors Performance Capability Statement -CDOT Form 606, Anti-Collusion Affidavit -CDOT Form 621, Assignment of Anti-Trust Claims and -Documentation of conformance with CDOT UDBE Contract Goal Policy, the City's award of Project STE M395-009 to Goodland Construction is approved . Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction. Your cooperation in this matter is appreciated. Officer BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 2-810 TABULATION Page 1 e COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 16, 2007 11 C ii Award Construction Contract for Big Dry Creek Trail Improvements -Phase II Initiated By: Staff Source: Public Works Department Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21 '1 Century {TEA-21 ). • Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement {IGA) with COOT regarding funding the project. • Council approved a motion to award the Phase I segment of the project (Fox to Leh ow) on March 1, 2004. • Council approved Ordinance No. 18, Series 2006 approving an IGA with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. • Council approved Ordinance No. 31 , Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their commitment to provide matching funds for the project. RECOMMENDED ACTION Staff recommends that City Council award, by Motion, the construction of "Big Dry Creek Trail Improvements Phase II-Broadway to Greenwood Point STE M395-009". The total estimated project cost ($613,387.50) consists of a construction contract with Goodland Construction in the amount of $518,387.50, a Professional Services Agreement with ASCG , Inc. in the amount of $60,000, and a construction c ontingency in the amount of $35 ,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2002, Englewood, on beha lf of SS PF, applied to the Denver Regional Co uncil of Governments (DRCOG) for federal funds and agreed to be the "local project sponsor" for the section of Big D ry Creek trail from Fox to Greenwood Point Uu st eas t of Broa dw ay). Th e p rojec t was se lec ted, and Englewood receive d $600,000 in fe deral fun ds toward th e to tal est im ated cons tru c tio n co st of $1 ,5 00,000. The proje t was divided into smaller segments to accommodate right-of-way issues matching funds ca sh flow. Phase I (Fox to Le h ow) was completed in 2004. Phase II (Broadway to Greenwood Poi nt) will o ns tru t 900 feet of trail under Broadway, beginning just west of Broadway and terminating a t of Broadway at the Greenwood Point development. The section between Lehow and Br ad a i o n h Id until easements are acquired from two property owners. The majority of our $600,000 of Federal Funds was exhausted during the construction of Phase I and for the design of Phase II. Approximately $118,000 of the $600,000 in Federal Funds remain . Urban Drainage has committed $50,000 towards the construction. Per our agreement with the SSPF, they will provide the remaining matching funds. SSPF has confirmed that funds are available and obligated for this segment. SSPF consultant, ASCG, completed design of the project in October and the project was adv ertised for construction bids . Federal Aid projects required that the bidders be included on COOT list of pre-qualified contractors, and that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. CDOT has determined that the low bidder, Sabells Enterprises , did not demonstrate good faith effort to hire DBE subcontractors and was not listed on CDOT's list of pre- qualified contractors. Based on the Federal criteria for hiring contractors, COOT will not concur with awarding this contract to the low bidder. They have provided concurrence to award to the second low bidder (see attached CDOT letter). FINANCIAL IMPACT Six bids were received and opened on November 16, 2006 as detailed in the attached Bid Tabulation . The Engineers estimate for the project is $571 ,777.00. Detailed below are the c osts associated with the construction of the project: Goodland Construction, Inc. Construction Administration (ASCG) Construction Contingency Total Estimated Cost $518,387.50 60,000.00 35,000.00 $613,387.50 Federal Participating funds are available in the amount of $118,000. Urban Drainage is contributing $50,000 per our IGA (Ordinance No. 16, 2006). SSPF is c ontributing the remaining $445,387.50 p er o ur agre em ent (Ordinance N o. 3 1, 2006 }. LI ST O F ATTA CHMENT S Construction Contract Form-Goodland Construction Professional Services Proposal from ASCG , Inc. CDOT Concurrence to Award letter Bid Tabulation CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement, made and entered into this 16th day of January, 2007, by and between the City of Englewood, a municipal corporat ion of the State of Colorado hereinafter referred to as the "City", and Goodland Construction, Inc., whose address is 760 Nile St. Golden , CO 80401 , ("Contractor"). Commencing on the 26th day of October, 2006, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools , supplies, equipment , materials and everything necessary and required for the following : PROJECT: Big Dry Creek Trail Improvements Phase II -Broadway to Greenwood Point STE M395-009 WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now w illing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained : A. Contract Documents : It is agreed by the parties hereto that the following list of instruments , drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments , drawings , and documents taken together as a whole constitute the Contract between the parties hereto and they a re as fully a part of th is ag reement as if they were set out verbatim and in full : Invitation to Bid Contract (this instrument) FHWA form 1273 Special Provisions Insurance Performance Payment Maintenance Bond Con t ract Specif icat io n Pre pared by ASCG dated October 26 , 2006 Ap pendix A Geotechnica l Report Appendix B Permits Attached drawings sheets 1-28, P1 -P7 and sheets R 1, R2 , R3 , R3A , R4 & RS Colorado Department of Transportation (COOT) -Standard Specifications for Road & Bridge Construction -Standard Special Provisions Addendums No . 1 and No . 2 l B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described , drawn , set forth, shown and included in said Contract Documents . C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully comp lete said work within eighty (80) 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 Specifications. D . Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims , in any way resulting from or arising out of this Agreement/contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees . E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service , reports , material (s) prepared or furnished by the Contractor after the award shall , at the option of the City, become its property . If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award , less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply . F. Termination of Award for Cause: If, through any cause , the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award , the City shall have the right to term inate t he award by giving written notice to the Contractor of such term ination and specifying the effective date of termin at io n. In th at event, all furni shed or unfi nis hed service s, at t he opt ion of the City, become its property , and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished . Notwith stan d in g th e above, th e Contractor sha ll not be relieved of t he liability to the City f or dam ag es sustained by the City by virtu e of brea ch of t he award by the Contractor, and the Ci ty may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G . Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore , such sum or sums of money as may be proper in accordance with 2 the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Five Hundred Eighteen Thousand, Three Hundred Eighty Seven Dollars and Fifty Cents. ($518,387.50). H. Appropriation of Funds : At present, $518,387.50 . has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary , in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts 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 . I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the 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. 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 certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2)(a)(I) & (II).] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program " (authorized by P .L.204 of 1041h Congress and amended by P .L.156 of 1081h Congress) that Contractor does not employ any illegal aliens . And , if not accepted into the "basic pilot program" prior to entering into this Contract, Contractor further verifies, Contractor will apply to participate in the "basic pilot program " every three months until Contractor is accepted or this Contract is completed , whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obta ins actual knowledge that a subcontractor perform ing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall ; (1 ) Notify the subcontractor and the City within three days that the Contracto r has actual kn owledge th at t he subcontra ct o r is employ ing or contracting w ith a n illegal al ie n; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (B).] (3) Exception : If the s ubcontracto r p rov ides inform at io n t o esta blish that the subcontractor h a s not know ingly employe d o r contracted w it h a n illegal alien and the subcontractor stops employing or contracting w it h the illegal alien . (e) Duty to Comply w ith State Inv es t igation : Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C .R.S . 8 -17.5-102 (5). [CRS 8-17.5-102(2)(b)(IV).] (f) Damages for Breach of Con tract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of th is paragraph . 3 ) Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in 5 counterparts. CITY OF ENGLEWOOD Contractor by~~~~~~~~~~~~~ by~~~~~~~~~~~~~ Party of the Second Part Mayor Party of the First Part ATTEST: ATTEST: Secretary City Clerk 4 ASCG INCORPORATED ENGIN EE RS • ARC HITECTS • SU RVEYORS • PlA NNERS August 18 ,2006 David Henderson Special Projects Coordinator City of Englewood Department of Public Works/Engineering Services 1000 Englewood Parkway Englewood, Colorado 80110 RE: Proposal for Construction Related Services for Phase 2, Big Dry Creek Trail- Broadway to Greenwood Point. Dear: Mr. Henderson: ASCG Incorporated is pleased to provide the following proposal to the City of Englewood (Client) for Construction Related Services for Phase 2 of the Big Dry Creek Trail extension , as referenced above . SCOPE OF WORK Construction related services would include : • Bidding Services , including Pre -Bid , Addenda , Bid Opening and Pre -Con • Periodic observation of construction , estimated to be 20 hours per week for a period of 14 weeks ; • Review of Submittals (by ASCG Inc , structural reviews by Jorgensen & Close under Subcont ract) • Providing clarifications of Construction Documents as needed ; • ROW Staking (by Western States Surveying under subcontract); • Provide for materials testing (by CTL/Thompson under subcontract); • Periodic Observation of weed control , revegetation operations (by The Restoration Group under subcontract) • Tracki ng completed work and approv ing period ic pa y es t imates; • A ssist with Change Ord er docum en tation and p reparation as nee ded ; • Assist wi t h documentation for compliance with Federal requirements ; • Project Closeout, Final Pay Estimate , and Record Drawings . 125 W. B y ud Ave .. Suite 200 L ewood , Color do 80228 303 ·<458·5550 IX 303 ·<480 97 BUDGET We have estimated the following budgets for the work : Bidding Services Periodic Construction Observation Misc . Construction Services (office engineering) Weed Control, Revegetation Observation (Deb Keammerer) ROW Staking (by Western States Surveying) Geotech Engr & Materials Testing (by CTL/Thompson) Project Closeout per Federal/COOT Requirements TOT AL, Estimated Construction Services (Standard) $ 2,400 $30,700 $ 9,700 $ 5,000 $ 1,800 $ 5,000* $ 5,400 $60,000* * The above estimate assumes that a soil-anchored wall system will not be required , based on test excavations completed during construction. However, if existing soil conditions are found to warrant a soil-anchored wall system , then the costs for CTL Thompson to observe installation of tiebacks , conduct proof load testing of tiebacks, observe post-tensioning of tiebacks, and observe reinforced shotcrete wall installation is estimated to be an additional $20,000, bringing the total construction services estimate to $80,000. The above est imates are based on a 120-day construction period with a well-qualified Contractor and routine conditions (except as noted above). We will monitor ASCG costs on a weekly basis. If unusual or unforeseen conditions arise, which require a more intensive observation effort and more time to document and resolve, we will notify the City so that adjustments in the budget or other measures can be considered . Construction related services will be completed on an hourly basis i n accordance with the attached Rate Schedule (Appendix A) and billed on a monthly basis . Sincerely, ASCG , Incorporated 3:~:!.-- Senior Project Engineer Enc losures : Rate Schedule William R. Kendall , P.E . Vice President 12 5 W. Bayaud Ave ., Suite 200 Lakewood , ColOf do 80228 303 ·458·5550 Fax 3(XJ.480-97 _, Personnel APPENDIX A ASCG Incorporated Schedule of Hourly Rates Rates dfrctin January I, 2006 through Decrmber 31, 2006 Principal Engineer Senior Engineer Senior Project Engineer/Senior Project'Manager Senior Geologist/Hydro-Geologist Project Engineer Project Geologist Staff Engineer Geologist/Hydrologist 11 GIS Professional Staff Professional Geologist/Hydro-Geologist I Design Professional II Geologist/Hydrologist Assoc Design Professional I Senior Resident Engineer Resident Engineer Resident Engineer Intern Senior Resident Field Representative Project Field Representative Ill Project Field Representative II Project Field Representative I Technical, Senior Designer II Technical, Senior Designer I Technical, Project Technical, Staff Technical, Design Division Administrator Word Processor Two-Person Survey Crew Automobile c.xpenses at S0.405 per mtle. Rental Vehicle at direct cost plus 100/o Out-of -Town Travel Per diem at $30/day for meals , Lodging at direct cost plus 10"/o Third pany upenses are billed at cost plus I O".lo. Copying, telephone, courier, FAX and postage are included in bill rates. Expert Testimony . To be negollattd lnttrr tor 1.5% ptr 111ont• will k charsecf ot1 all Ja voicr H1oants 61 d ays past d11r rnm Invoice date. Tl,is Seim,,,,,, of lt•m Is CMS/tlnw • ., ASCG IIIC#JNHYIIN,,, k 'CONFIDENTIAL .,,,,,,,.,,,..,,_ lt•kvr ., .,.., i,ifor,,itllio,, ~lli11N llrrd11 11 rllln fl'lnla Is prollitilN witllMt upras lflri11r11 CMSntt af ASCG Itta,,,.,,._ 2006 Rate $147 $128 $120 $120 $107 $107 $95 $95 $95 $83 $83 $71 $71 $63 $89 $80 $70 $91 $81 $71 $60 $97 $85 $74 $57 $43 $50 $50 $132 DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch 4201 East Ar1<ansas Avenue Denver, Colorado 80222 Telephone: (303) 757-9736 Facsimile : (303) 757-9868 January 2, 2007 Mr. David Henderson City of Englewood Projects Administrator 1000 Englewood Parkway Englewood, CO 80110 Dear Mr . Henderson: STATE OF COLORADO STE M395-009 Big Dry Creek Trail lmprvmnts Project Code 14532 Based on my review of the financial statement dated January 2, 2006 and receipt of: -CDOT Form 605, Contractors Performance Capability Statement -CDOT Form 606, Anti-Collusion Affidavit -CDOT Form 621, Assignment of Anti-Trust Claims and -Documentation of conformance with CDOT UDBE Contract Goal Policy, the City's award of Project STE M395-009 to Goodland Construction is approved. Please include a copy of FHWA Form 1273 as part of your contract with Goodland Construction . Your cooperation in this matter is appreciated . Officer BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 2-BID TABULATION Page 1 MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Pro Tern Jim Woodward City Manager Gary Sears Sue Carlton Bradshaw, Executive Assistant January 16, 2007 National League of Cities Conference The National League of Cities Conference will be held in Washington, D. C. from March 10-14, 2007. Listed below are anticipated expenses while attending the Conference. Registration Lodging Meals Taxi/Shuttle Airfare Total If you need additional information, please let me know. Thanks. $655 1265 305 Bo 310 $2615 /J- MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Olga Wolosyn City Manager Gary Sears Sue Carlton Bradshaw, Executive Assistant January 16, 2007 National League of Cities Conference The National League of Cities Conference will be held in Washington, D. C. from March 10-14, 2007. Listed below are anticipated expenses while attending the conference. Registration Lodging Meals Airfare/Shuttle Total $620 1,130 317 39Q $2,457 If you need additional information, please let me know. Thanks. !?-