HomeMy WebLinkAbout2007-04-16 (Regular) Meeting Agenda Packet1 .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, April 16, 2007
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. 7:33 ~
Invocation.~
Pledge of Allegiance . ~P-,
Roll Call. de/ 1 ~
5. Consideration of Minutes of Previous Session.
(Ji)f)/_ /r-0-/a. M~~tes from the Regular City Council meeting of April 2, 2007 ~
[A/:f2/A-IIJ: ~~RI=,_)
6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten
minutes.)
a. Fi re Di v ision Ch ief Mike Pattaro z zi w il l p rese nt Celeste Vollert w i th a pl aqu e
acknowledgi ng the li fe-saving effo rt s of her lat e-h usba nd, Du stin V oll e rt.
b. Business owner Doug Cohn will be present on behalf of the Englewood Downtown
Merchants Association to discuss 2007 Englewood Days.
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five
minutes . Time for unsched_uled public comment may be limited to 45 minutes and if
limited shall be continued to General Discussion.)
;fr
8 . Communication s, Proclamations, and Appointments.
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Eng le wood Ci 1y Crnlllci l Ag<?ncb
Apr il 16, 2007
Page 2
,J~ C~em/Jtut)tJ ~ ~ll$Ur A<iBJM hAtk; 9d ! 0+ 9~1 · ~ a. Approval of Ordinances o n Fi rst~
i.
h.
C.
Council Bill N o. 27 -Recomm endatio n from the Publi c W orks D e p.1r t1 m .nt to adop t
a Bill for an Ordinance authorizing an Intergovernmental Agrc ern e11t h c l\,vee n th e
Colorado D epartme nt of Transportation , the Burlington Northern San ta Fe R;ii lway
Company, and th e City of Engl ewoo d to upgrad e th e r;iilro ad c ross in g warni 11 g
c ircuitry at th e Da rtm outh and T ej on int e rs ec ti o n. STAFF SOURCE: Rick Kahm,
Director of Public Works, and Ladd Vos(!)', Traffic Engineer.
Ap~f Ordinan ces o n Seco nd Re,1ding.
Res o luti o ns a nd M o tions .
i. Recommendation from the Public Works D epartment to approve, by Motion, the
purchase of one Volvo G930, 33,000 pound Motor Grader. Staff recommena"s
awardi n g the contrac t t o th e l owest qualifi e d bidder, Powe r Equipmen t Co mpany
in th e a m o unt of $148,724. STAFF SOURCE: Rick Kahm, Director of Public
Works .
I 0 . r'11hli c I IP.1r i11g lt t>111 s. (No Publi c HP;iring Sd1e d11l lj cl ).
ff
11 . O rdin a nces, Reso l11tit>11 ~ ,111d Moti o11s.
,1 .
i.
oPtr}?-0
I>.
C.
Approval of Ordinances o n First Rea di11 g.
_s:oun c il Bill No. 2~ -Recomm enda ti on from th e Ci ty Manage r 's Offi ce to .1dopt a
Bill for an Ord in an ce authorizing a purchase and s;i l e ag r eemen t betwee n Xce l
Energy and t _ City of Eng lewood. STAFF SOURCE : Mike Flaherty, Deputy City
Manager. 0
/\pprovr1 I ()f Orcli11.111 u •s on S<•concf Reading.
~
Rt•solu ti ons ,111d Motio11!>.
i.
ii .
R •co1n11H•11Cl.1ti on fr o rn th v Ct,111111111,it Ol'VL·lop111ent OL'p,1rt11H•11t to ,l\\'.1rd .1
cor 1tr.1l'l, h y Motion, to c on~truct public irnprove ni e nts in ushi11 g, < t•11 tt•1111i .1I .111d
Bl'lil•vi ew Parks . Staff r eco mm ends awarding th e co ntract to th e l owL·s t qualifi (•d
bidckr, Ri c hd ell Con stru c tion Company, in tl)fj ~~1?uJ'! :_>f_$_S~1 000. STAFF
SOU RCE : Mark Graham, Senior Planner. ~
R, ·ornm ndati o n to .1ppr0Vl' .1 l\c•so lution for .1 suppl (•flH•fllill ,1ppropric1 ti on to the
..!007 Publi Work!> I >v p.utlll l'llt ,lllcl . rvi e11tt•r l'u11d l>udg<'t S. STAFFlJ~Rf~:
Frank Gry~lewicz, Dirt•(·lor of Fin. nn.• and Administr.iliVl' crvicc . v~
l'lt •,tst' 11111(' It Oll h,t\,{' ,I d1,.1lnlr t .111d tl(•(•d ,Ill 1lr.11 .11d, (II WI\H l''• pl<',IW 11011fv 1111' ( 11 11 1 I IIJ.\l••\\()Ud
Ill I .. Ii 1-2407) ,11 l<•.t\l -Ill hour, 111 .ulv.111t <' nt v, IH·II ,t·I\ t< , • ., .111• 111•1•cl1•d 111.111k 1111
Englewood City Council Agenda
April 16, 2007
Page 3
12 . General Discussion.
a. Mayor's Choice.
b. Council Members ' Choice. P/)fd'l-o
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment. "i{/°r
Pl ,
NAME ADDRESS TOPIC
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1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
April 2, 2007
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :38 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.
Council Members Tomasso, Barrentine , Oakley, Mccaslin ,
Woodward, Wolosyn
Council Member Moore
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ell is
Deputy City Clerk Bush
Director Olson, Safety Services
Director Gryglewicz, Finance and Administrative Services
Director Fonda, Utilities
Director Black , Parks and Recreation
Director Kahm, Public Works
Senior Planner Langon, Commun ity Development
Planner Voboril, Community Development
Planner Bell, Community Development
Capital Projects Administrator Henderson, Public Works
Field Operations Administrator Nimmo, Public Works
Police Sergeant Condreay, Safety Services
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 MARCH 19 , 2007.
Mayor Wolosyn asked if there was any discussion . There was none .
Vote results:
Ayes :
Nay ·
Ab nt
Moh n c rn d
Council Members Barrentine , Mccaslin, Wolosyn , Woodward,
Tomasso , Oakley
None
Council M mb r Moor
Englewood City Council
April 2, 2007
Page 2
6 . Recognition of Scheduled Public Comment
(a) Lynette Heidrick , an Englewood citizen, said I was told to call, by the Parks and Rec
Department, to arrange to come in front of you and speak about Jason Park and returning it to an on -leash dog
park . Since they built the brand new one, everybody with their dogs who likes to let them run loose needs to go
there . I have four children . One was almost attacked . One was almost bitten . And we had a picnic lunch and
somebody's dog ate our entire lunch . So , I'm extremely frustrated and upset, because they don't care and I will
not book the park to use as a facility for any parties that we have in the future, because of the dog issues . It is
pathetic . I mean, we went there and had baseball practice and nobody watches their dogs ... they run loose . I
can get petitions, I can get neighbors to sign it. .. I can probably get about 300 people to sign a petition to make
that an on-leash park . It is just so frustrating for the people who live in that neighborhood . These people, that
bring their dogs to that park, probably don 't even live in Englewood . I don't need my four kids being afraid to go
to the park just to go kick a ball or play catch with their friends or play basketball and stepping in dog poop and
having dogs chase them . I have a two year old that doesn't know a friendly dog from a bad dog and I don't
need her to be bit and they are all over the playground . I wanted to bring this concern to you, because nobody
seems to want to do anything .
Mayor Wolosyn said we usually don't address issues at this point in the meeting, but if you stay to the end,
issues that are introduced during this period often are brought up at Council's Choice . Ms . Heidrick said okay .
Mayor Wolosyn said thank you for coming . Ms . Heidrick said thank you .
(b) Marc Ogonosky was not present to address City Council.
7 . Recognition of Unscheduled Public Comment
(a) Scott Gorsky, an Englewood resident , said I just wanted to read something real quick . It says :
"Dear Mr . Gorsky, A donation has been made by the Englewood City Council to the Englewood Public Library
for the purchase of children's books in memory of your father, Robert . A book plate will be placed in front of
each book acknowledging that the book has been purchased in your father 's memory. Thank you for your
support of the Englewood Public Library . Hank Long , Director of Library Services ." I just wanted to attend this
meeting and show my deepest gratitude towards the Council and the rest of Englewood government. My father
ju st passed away about two months ago . ft was a very d ifficult time and it was just a very thoughtful thing to do .
It really allows me to have that small town feel in a big city . So , I greatly appreciate it. ft meant the world to me .
It was a very nice thing to come home to after my vacation and open it up . I just wanted to extend my grati tu de
for myself, my family ... my mother was in tears and my brothe r was very happy about it. Thank you so much . It
was greatly appreciated and very thoughtful. I just hope we can keep working together as we have been in the
past. So , thanks again . I appreciate it.
Mayor Wolosyn said thank you Scott. Your father is remembered as someone who pitched in at the KEB Fun
Run, so thank you . Mr. Gorsky said I appreciate it so much .
Council Member Woodward said thanks Scott.
(b) Shannon, a member of Englewood Unleashed, said I do want to address Lynette 's point ,
because there are dogs that go to the park that aren't trained . We do try to talk to the people, ask them to train
their dogs, etc . but there are also children at the park that aren't trained either . There are people who have
attacked my dog when I have been there at the park . I have called the police about that. They followed up, but
couldn't find the individuals . You know, it is a multi-use park, just like a lot of the parks are . There is going to be
run-ins, there are going to be people who can't behave ... both people wise and dog wise. I don't th ink that it is in
the best interest of the City to turn that park over to an on-leash ... kind of like what happened at Bates and
Logan . And I also think too that, maybe it was a year ago, that a petition was done in the area and the majority
of the people dtd ay in that area that they did want to hav the park left the way that it was . So. I just wanted to
bring th t b c up too . Th nks .
Commun cit on1, Procl1m1t ons ind Appo ntments
Englewood City Council
April 2, 2007
Page 3
(a) A proclamation declaring April 20, 2007 as National Arbor Day was considered .
Council Member Tomasso said I would like to move the proclamation for National Arbor Day . I have spent quite
a bit of time at his house in Nebraska City , looking at all the trees that Morton planted at that site . It is a very
important holiday in Nebraska . As you may know, there are not a lot of trees there .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
DECLARING APRIL 20, 2007 AS NATIONAL ARBOR DAY.
Mayor Wolosyn asked if there was any other discussion . There was none .
Vote results:
Ayes :
Nays:
Absent:
Motion carried .
Council Members Barrentine , Mccaslin , Wolosyn, Woodward,
Tomasso, Oakley
None
Council Member Moore
Mayor Wolosyn presented the proclamation to Mr. Mark Coptis . Mr . Coptis said I would like to invite the City
Council to our Arbor Day festivities on April 21 . We are doing it in conjunction with South Suburban Parks and
Recreation . We are going to start off at Belleview Park, giving away trees from both the City of Englewood and
also South Suburban . We are also having a tree demonstration at Progress Park and also some fun and games
for the entire family . Thank you so much .
Mayor Wolosyn said thank you for coming to accept this .
Council Member Barrentine said when does it start at Belleview Park? Mr. Coptis said it will start at 9 o'clock
and we will have the tree giveaways at the parking lot, just east of Pirates Cove .
Council Member Woodward said I just want to mention that it says in the Proclamation, the City of Englewood
has been recogn ized for 22 consecutive years as a Tree City USA, by the National Arbor Day Foundation . I
think that is quite an accomplishment there .
(b)
consi dered .
A proclamat ion declaring Apr il 22 through 28, 2007 as Nationa l Crim e V icti ms' R ights Week was
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE A PROCLAMATION
DECLARING APRI L 22 THROUGH 28, 2007 AS NATIONAL CRIME VICTIMS' RIGHTS WEEK .
Mayor Wolosyn asked if there was any discussion .
Council Member Woodward said just that I would like to say that I saw on a news program this morning some
things about some seniors being attacked, evidently in different places in the country . Seniors are being
attacked by young adults and juveniles in horrendous ways . It is pretty scary, so I absolutely support this in
what they are trying to accomplish . Thank you .
Vote results :
Ayes :
Nays:
Absen t:
Motton carri d .
Council Members Barrentine, Mccaslin , Wolosyn , Woodward ,
Tomasso, Oakley
None
Council Member Moore
M yor Wolo yn pre nted th proclamation to Dir ctor Chri Olson . (Clerk's not : D ir ctor 01 on ' comments
w r 1n ud1bl J
Englewood City Council
April 2, 2007
Page 4
Council Member Barrentine said I have worked w ith a couple of the organ izations that our v ictim 's ass istance
advocates work with and they are very well thought of in this County. I just can 't tell you how much that means
when people are in that position . So , thanks for all the work that they do.
9 . Consent Agenda
(a) Approval of Ord inances on First Reading
There were no additional items submitted for approval on first reading . (See Agenda Item 11 .)
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEMS 9 (b) (i), (ii), (iii), (iv), (v), (vi) and 9 (c) (i), (ii), (iii).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 18, SERIES OF 2007 (COUNCIL BILL NO . 16 , INTRODUCED BY
COUNCIL MEMBER TOMASSO)
AN ORDINANCE AUTHORIZING THE TRANSFER OF LOT 30 , BLOCK 6 , SKERRITIS ADDITION 3RD FILING ,
AS DESCRIBED IN THE DEED TO THE CITY OF ENGLEWOOD-HOUSING REHABILITATION FUND TO
COMBINE THE PROPERTY WITH LOTS 28 AND 29 (3596 SOUTH BANNOCK STREET.)
(ii ) ORDINANCE NO . 19 , SERIES OF 2007 (COUNCIL BILL NO . 20 , INTRODUCED BY
COUNCIL MEMBER WOODWARD )
AN ORDINANCE AUTHORIZING A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A FENCE ; A
"CITY DITCH CROSSING LICENSE AGREEMENT" FOR A RESIDENTIAL SANITARY SEWER LINE ; AND AN
"ENCROACHMENT PERMIT AND INDEMN ITY AGREEMENT" TO THE C ITY OF ENGLEWOOD-
REHABILITATION FUND FOR THE LOCATION OF 3596 SOUTH BANNOCK STREET, ENGLEWOOD ,
COLORADO.
(iii ) ORDINANCE NO . 20 , S E RIES OF 2007 (COUNC IL BILL NO . 19 , INTRODUCED BY
COUNCIL MEMBER T OMASSO )
AN ORDINANC E AU T HORIZ ING A "LICE N SE-C ITY DITCH CROSS ING AGR E EM E N T" AND A "TE MP OR A RY
CON STR U CTION EA SE M ENT" T O HCA -Health One LLC , dba SWED ISH M E DI CA L CE N TE R FOR T H E
INSTALLATION OF CURB, GUTTER AND AN ASPHALT/CONCRETE DRIVEWAY AT 501 EAST HAMPDEN
AVENUE .
(iv) ORDINANCE NO . 21 , SERIES OF 2007 (COUNCIL BILL NO . 21 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE VACATING A UTILITY EASEMENT WHICH WAS RETAINED IN THE VACATED ALLEY
THROUGH THE PROPERTY LOCATED AT 3500 SOUTH SHERMAN STREET OCCUPIED BY THE
E NGL EWOOD MASONIC LODGE NO . 166 AND RESERVED TO THE CITY OF ENGLEWOOD, COLORADO.
(v) ORDINANCE NO . 22, SERIES OF 2007 (CO UNCIL BILL NO . 22, INTRODUCED BY
COU N CIL MEMBER WOODWARD)
AN ORDINAN CE AMENDING TITLE 5, CHAPTER 1, SECTION 4 , SUBSECTION C, OF THE EN GLEWOOD
MUNICIPAL CODE 2000 , PERTAINING TO LATE FEE FOR MISCELLANEOUS LICENSE RENEWALS NOT
FILED IN A TIMELY FASHION .
(v1) ORDINANCE NO . 23 , SERIES OF 2007 (COU N CIL BILL NO 23, INTRODUCED BY
COU N CIL M E MBER WOODWARD)
Englewood City Council
April 2 , 2007
Page 5
AN ORDINANCE AUTHORIZING AN "INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE
BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF ENGLEWOOD GOLF COURSE", A "GRANT OF
REVOCABLE EASEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT" BETWEEN SOUTH
SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO PERTAINING
TO THE BIKE AND PEDESTRIAN TRAIL ACROSS THE ENGLEWOOD GOLF COURSE .
(c) Resolutions and Motions
(i ) RESOLUTION NO . 41 , SERIES OF 2007
A RESOLUTION ESTABLISHING LATE FEES FOR MISCELLANEOUS LICENSE RENEWALS .
(ii) MOTION TO APPROVE THE PURCHASE OF ONE, NEW TEN -YARD TANDEM
DUMP TRUCK FROM TRANSWEST TRUCKS , INC . IN THE AMOUNT OF $79 ,166.00.
(iii) MOTION TO APPROVE A CONTRACT WITH RESOURCE COLORADO FOR THE
PURCHASE AND INSTALLATION OF CARPET ON A PORTION OF THE SECOND FLOOR OF THE CIVIC
CENTER FOR MASLAND MODULAR CARPET , IN THE AMOUNT OF $64 ,271 .00 .
Vote results:
Ayes :
Nays :
Ab sen t:
Mot ion carr ied .
10 . Public Hearing Items
Counc il Members Ba rrent ine , Mccaslin , Wolosyn , Woodward ,
Tomasso, Oakley
None
Council Member Moore
No public hearing was scheduled before Counc il.
11 . Ordinances , Resolution and Motions
(a) Ap prova l of O rdinan ces on First Read ing
(i) Se n ior Pl ann er Langon presen te d a recommendation from the Comm un ity
Deve lopment Department to ad opt a bill for an ordinance approvin g Ame ndm ent No . 6 to the Sw edish Me dical
Center Planned Development. Staff requests that Council schedule a Public Hearing on May 7, 2007 to take
public comment on the proposed amendment. She said this is a request by Swedish Medical Center for a bill
for authorizing Amendment No . 6 to the Swedish Med ical Center Planned Development. The PD review
process was a process created for larger sized projects that retained the underlying zoning that differs from the
PUD that we have today, in the sense that it does not rezone the property ... it maintains the underlying MUR-3-B
zoning that is in place there today . The PD process was repealed in 1996 when the PUD process came into
play and th is Amendment , per the PD repeal process , follows the same procedure as the original PD . Swedish
Med ical Center is requesting Amendment No . 6 to expand the operating rooms located over the main entrance
of the hospital that is located at 501 East Hampden Avenue . This expansion is a 40 foot upright expansion to
create medical/surgical bedrooms , to create pr iva te rooms, ra ther than sem i-pr ivate rooms . There are going to
be only five additional be ds crea ted to the hosp ita l. .. that is the change that's happening because of the change
from semi-priva te to private rooms . So, th is request is to amend the existing Planned Development to allow the
upward extension of 40 feet. She said if you have any questions, I w ill be happy to answer them .
COUNCIL MEMBER WOODWARD MOVED, ANO IT WAS SECONDED , TO APPRO V E AGENDA ITEM 11 (a)
(I)· COUNCIL BILL NO. 25 AND TO SCHEDULE A PUBLIC HEARING ON MAY 7 , 2007 TO TAKE PUBLIC
COMMENT ON THE PROPOSED AMENDMENT .
CO UNCIL Bl L NO 25 , INTRODUCED BY COUNCIL MEMBER WOODWARD
Englewood City Council
April 2, 2007
Page 6
A BILL FOR AN ORDINANCE AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT
AMENDMENT NO. 6 .
Mayor Wolosyn said if there is no further discussion, please vote .
Vote results :
Ayes :
Nays :
Absent:
Motion carried .
Council Members Barrentine, Mccaslin, Wolosyn, Woodward,
Tomasso, Oakley
None
Council Member Moore
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second readir •g. (See Agenda Item 9 -Consent
Agenda .)
(c) Resolutions and Motions
(i) Planner Voboril presented a recommendation from the Community Development
Department to adopt a resolution approving the Englewood Downtown and Medical Center Small Area Plan
Goals and Objectives as an addendum to Roadmap Englewood : The 2003 Englewood Comprehensive Plan .
Mr. Voboril said tonight, on behalf of the Englewood Planning and Zoning Commission , as well as the Small
Area Plan community stakeholders, I am happy to formally and respectfully submit to you, the Downtown and
Medical District Small Area Plan Goals and Objectives . Tonight we ask the Council to formally recognize the
Small Area Plan goals and objectives as being representative of the community's core values in regards to
neighborhood planning, revitalization and economic development, within the boundaries of this Small Area Plan
District. The Small Area Plan was built around an extensive public community planning process . This included
a series of stakeholders meetings, a series of Planning Commission study sessions that ran parallel to the
stakeholders meetings, a presentation before the Alliance for Commerce in Englewood and finally a formal
Public Hearing involving the Planning Commission . I think the most important part of the entire stakeholders
planning process was the actual community meetings that we held . Number one ... the first thing that we did at
the community meetings is that we talked about the City's planning philosophy, including the idea of the three
R's that is found in the Comprehensive Plan ... Revitalization, Redevelopment and Reinvention ... and how those
are applied to the areas of stab ility and the areas of change . We also talked about the existing conditions that
were in each different specific sub-area of the Plan . We divided downtown into three distinct sub -areas and we
d ivided the medical district into six sub-areas and we had the group focus in, one at a time , on each sub -area .
Then we looked at the existing conditions in each area and then we asked them a series of questions about how
they felt about things in each sub-area ... such as housing , transportation, business , medical facilities , senior
issues, parks and open space and urban design . And we were able to get feedback on how they felt about each
of these distinct sub-areas . We were then able to craft and develop goals and objectives that hopefully captured
that feedback . And during the second round of the stakeholders meetin gs , we presented these preliminary
goals and objectives , one at a time , to see if we were on the mark . They told us that we had done a very good
job of listening to what they had said in the first round and that they were very pleased . Just briefly , I would just
like to talk about some community values . I th ink the key community values that came out of this is
that ... number one ... the residential neighborhoods are very important to the stakeholders . They really like the
style and character of those neighborhoods . They would like to see some changes ... such as some
revitalizations, some reinvestment, code enforcement , and general improvements . They also recognize that
sometimes it is appropriate for some new housing , but it must support existing character of the residential
neighborhoods that exist today . We also found out a lot about how they felt about the business community and
th ey really liked the historical Broadway downtown between U .S. 285 and Floyd Avenue . They wou ld like to see
some slight cosmetic improvemen ts there . They also see some opportunities for new development north of
Floyd , around the Gothrc Theatre, as well as to the west and east of the Broadway Corridor. Th y al o talked
bout th old H mpd n Corrrdor nd they saw the great pot ntial for that corridor to b com a p d In n
o n nt d nd m ix d -u corrrdor conn cling downtown nd th ho pit I . And finally , p king of th ho pit I
(
Englewood City Council
April 2, 2007
Page 7
they also are very willing to accommodate expansion needs of the hospitals as long as that is expanding
upwards on top of the facilities that they already have . And then, if they need to move outward from there, that
they would like to see that along the old Hampden Corridor and the U .S . 285 Corridor and at the same time,
they want to protect the residential neighborhoods from hospital encroachment. Finally, I would just like to finish
up and ask a rhetorical question. What has this Small Area Plan accomplished for us? I believe that it has
accomplished two things . I think, one ... it has provided guidance for the development of strategies in a future
phase . They have given us their core values for these two areas and we can then begin to develop strategies
that compliment and fit in with these values . And the second thing that it has done for us is initiated citizen
involvement in this project and in these two districts . I am really excited about that, because I would like to
continue that relationship with our stakeholders as we go forward . And at this time, I would like to conclude the
presentation and I would like to answer any questions that Council may have. I would also like to find out and
hear what Council feels about this plan and hopefully I would like to get Council's endorsement. At this time I
would like to conclude and open the floor to Council.
Mayor Wolosyn asked if there any comments or questions.
Council Member Mccaslin said I attended a couple of those meetings and they were very well attended and the
conversations back and forth were fantastic . I want to congratulate you guys . The two meetings that I attended
were fantastic, so thank you .
Mr. Voboril said thank you .
Council Member Tomasso said I have a question . On page 1 , Objective 2-6 , where it says "encourage home
additions and exterior upgrades". He said I'm concerned with the exterior upgrades, if that means just adding
vinyl siding to a house and destroying historical character of the house . And, the same thing occurs on page 4,
the Business and Medical Improvement Goals , Objective 1-3 ... encourage exterior upgrade to existing buildings .
They did that in small town America in the 60's and the ?O's where they came in and put chrome over the
existing buildings and destroyed the historical character of the neighborhood ... the historic quality of the
buildings , just by adding those additions as an upgrade , fashionable upgrade, for that particular period as
opposed to maintaining the character and just going in and restoring the facades of the existing buildings . He
said those two issues concern me .
Mayor Wolosyn said I would offer that I think that your concern could be addressed as Community Development
moves forward in coming up with strategies. When people talk about retaining character, that was one thing
that I was happy about, when I attended the meetings, as I felt that some of my own concerns I heard echoed in
the people who were there . People want to see things get better and I think that they would be amenable to that
sort of strategy. I think it is consistent with what I heard ... I don't know about what you heard.
Mr. Voboril said yes. I do believe that was very strongly articulated ... that that is very important ... that what they
really like about their neighborhoods, and also Broadway, is that historical small town feel. And that is very
important that we need to keep building upon that character and that we don't lose it. I would also just like to
say that it is also important to think about this more as the starting point of our values and vision and that from
this point on we are going to begin to develop some strategies . We are going to continue to have some
meetings with our stakeholders . I believe that this is going to be a big issue ... about how things look . I think that
has already been evident in some other housing issues in the neighborhoods that we are studying at this time . I
think it will continue to be important. I think we can work through that and make sure that we don't lose that
character .
Counc il Member Woodward said I think you addressed that in the Publ ic Hearing also ... suggesting that this is a
document of the b ig v iew. The Goals and Objectives are not as precise as many would like at this point , but
th e y are gu idelines . I do have a couple of quest ions. One would be , in the Publ ic Hearing , on page 7 , Maureen
Wh ite had made a s uggestion that they have on -s ite ... she sa id she would like to see the word "appropriate"
changed to "adequ ate" in r egards to parking requ irements . Lower down on that page , Mr. Brick , who is a P and
z memb r . said h liked the suggestion to chan ge the word "ap propri at e" to "adequate" in regard s to park ing
nd th n I n v r w ny furth r d 1scu son on that. W there ever a motion reg arding t ha t? Because it
r m in 1n th docum nt • ppropri t ." H 1d my cond qu tion i on pag 8 . M r . W Iker, noth r P and
Englewood City Council
April 2, 2007
Page 8
Z member, said he felt Ms . White's comments were right on. He had one amendment to the comments from a
previous Small Area Plan discussion ... on page 8 under Medical Sub Area 1, the word "blocks" should be "two
lots" north of Girard . I don't find that change, but underneath that paragraph, I see that motion carried . I don 't
know if there was some ensuing conversation there or what happened ... l'm just trying to understand that.
Mr . Voboril said the first one, going back to the idea of the "appropriate" versus the "adequate", Commissioner
Brick concurred and echoed that comment.. .that he felt that would be a suitable replacement for the word
adequate, but he never really made any type of a motion that says that you need to change that.
Council Member Barrentine said can I ask you a question please? Could you give me what the conflicting
definitions are ... what they mean between "appropriate" and "adequate"? Mr. Voboril said well , you know it is
probably a semantic type of a difference. Ms . Barrentine said if there is a number difference then I would like to
know . If it's truly just the letters we're spelling it with ... then I am just trying to figure that out. Mr. Voboril said
there is no numbers tied to the words; it is just a preference ... a personal preference . Ms . Barrentine said to
either definition? Okay, thanks .
Mr . Voboril said then I would like to go back to the question about Commissioner Welker change . Basically,
what he said with the blocks and the lots ... there was something in the previous minutes from a study session
where the secretary got the wording wrong ... blocks and lots kind of sounded the same. He did, as I recall from
the meeting, say two lots north of Girard as opposed to two blocks and he was just merely correcting the
minutes ... basically he wanted to make that clear that that was not the correct thing in the minutes . Mr.
Woodward said, so he was correcting the minutes? Mr . Voboril said yes . Mr. Woodward said okay , so this is a
little different.
Mayor Wolosyn asked if there was anything else.
Council Member Woodward said no, other than I am certainly in support of this .
Mayor Wolosyn asked if there was any other discussion. There was none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(i) • RESOLUTION NO. 42, SERIES OF 2007.
RESOLUTION NO . 42 , SERIES OF 2007
A RESOLUTION APPROVING THE ADOPTION OF THE DOWNTOWN AND MEDICAL CENTER PLAN
WHICH WILL BECOME PART OF "ROADMAP ENGLEWOOD : 2003 ENGLEWOOD COMPREH ENSIVE
PLAN ."
Mayor Wolosyn asked if there was any further discussion .
Mayor Wolosyn said well done . I know both of you worked really hard . I saw you in action , you were very good .
Thank you .
Vote results :
Ayes :
Nays :
Absent:
Motion carrie d .
12 . General Discussion
(a} Mayor's Cho ice
Council Members Barrentine, Mccaslin , Wolosyn , Woodward,
Tomasso , Oakley
None
Council Member Moore
...
Englewood City Council
April 2, 2007
Page 9
(i) Mayor Wolosyn said I would just like to mention that we passed, under the Consent
Agenda, the budget item for new carpet and I want to thank Dave Henderson for his Council Request
comments, and I look forward to, and I hope, that All Recycling is able to handle our carpet, and even if they
aren't , I look forward to knowing more about what they are doing in the community , specifically.
(ii) Mayor Wolosyn said the other thing I want to return to is the issue I briefly brought up at
the end of the meeting involving the interview date for the vicious dog ordinance ... the vicious dog task force
applicants. We can't have it on the 23'd. We had something already scheduled . And even though I don't have
my meeting schedules here, we have just dense meetings coming up on issues that I think we need to take a
look at before we get down to the preliminary budget meeting in May. My choice of alternatives here is that we
meet and do it Tuesday night or Monday night. Because we have Monday the 30th off, I prefer to keep it off.
John Moore weighed in that he prefers to keep it off. Laurett and I have been discussing ... she booked her son
for something that night but it's over at 6 .
Council Member Barrentine said I would like to do it on Tuesday, with one exception. Since people believe that
we were going to be doing this on Monday, if there is anybody who is wanting to apply, who can't make it
Tuesday, that maybe we make a consideration that they could do it on Monday?
Mayor Wolosyn said after the meeting?
Council Member Barrentine said depending on how many people apply.
Mayor Wolosyn said exactly, and as Sue said, we don't have anybody yet. So you're okay with Tuesday?
(. Council Member Barrentine said Tuesday would be fine, that's fine.
Mayor Wolosyn asked if everybody was okay with Tuesday.
Council Member Mccaslin said I already have a previous engagement. I'll see if I can get out of it. Because
Mondays, I planned, for my term , to be available on Mondays .
Mayor Wolosyn said on April 30th. it has been scheduled to be off for awhile .
Council Member Barrentine said it's more a consideration for staff as it is for Council. They make plans too .
Council Member Woodward said would be in addition to April 23'd , we would also meet on April 24th .
Mayor Wolosyn said so are we okay to go ahead with that? We'll keep in touch . I'm trying to accommodate
everybody.
Council Member Barrentine asked if earlier or later would matter for you, Bob?
Mayor Wolosyn said what time's your meeting?
Council Member Mccaslin said earlier would be better .
Council Member Barrentine said that would be fine with me too. If we could do it earlier, and then, if somebody
needs to do it later, we could do it Monday. How early would you need to have it?
Council Member Mccaslin said 4 to 6 or something ... or is that too early?
Mayor Wolosyn said we can look at it and I'll talk to John .
Counc il Member Tomasso sa id I have something scheduled on the 24th but I don't have my calendar with me .
M yo r Wolo yn 1d ok y. W 'r j ust go ing to try to mak Tuesday work as well a it c n for II of u .
Englewood City Council
April 2, 2007
Page 10
(b) Council Members ' Cho ice
(i) Council Member Barrentine :
1. She said Lynette, I agree with you . I have agreed with you from the beg inn ing , when we did the dog
park . I wasn 't a proponent of the dog park , but I went and talked to the people in the Jason Park area . We had
a lot of input from people , but in the end they acquiesced and the people that I spoke to ... and I'm sorry if I didn 't
hit you ... said fine , if we're going to do the dog park then let us have our park back , and that issue has been
brought up several times since then . She 's wrong, not all of our parks are multi-use parks . The dog park is not
a multi-use park . It is a specific use and that is what its use is for . We have just had a lot of activity about
Duncan Park, buying that in District 3 , purchasing that from the school d istrict and I have not ever had one
complaint. They included that as one of the amenities in the community and that community, for that pa rk, was
working for them and that's great. So I'm not suggesting, either, that all of the parks become leash parks. But
there have been some concerns and some problems with Jason Park and I would agree with you that when they
can't co-exist, that the original function for the park has to go back , especially since we've done the dog park .
So , we'll see where it goes .
2. She said I hope we get next Tuesday worked out.
(ii) Council Member Oakley said I would like to address the Jason Park issue . I've had
some calls from people in the area that would like to see it go back to a leash park . I go by the facility we built at
Belleview , five or six times a week , and I'm still a little bit amazed at how well used that facility is . If everything
we've done was that well used , it would be money well spent for our cit izens . And that being sa id , I don 't th ink
it's un reasonable to suggest that Jason go back to a leash park . Peop le can sti ll walk the ir dogs there and it's
not all tha t far to Belleview , if they choose to have an off-leash situa t ion . So I would support having Jason go
back to a leash park .
(iii) Council Member Tomasso said I would like to see stepped up patrols at Jason , from the
Police Department driving by, going through, at the particular times that the dogs are off-leash ; like right after
work , and maybe it could be split between the Police Department and the Parks Department, so the Pa rks
Department may be a little b it more involved . Because there are certain po ints , in time , when the dogs are th ere
and the k ids are there at the same time , so it would be the period after school , if possible .
Mayo r Wolosyn as ked what would be the end of that? I mea n what's the reaso n?
Council Member Tomasso re pli ed just to m itigate probl ems . If th ere is a n owner o f a dog th at's causing havoc,
running into baseball games, soccer games ... it's soccer season again ... and causing problems that that person
could be cited at that point. Also , if there is a person , on the opposite point of view , potentially trying to hurt a
dog, we can mitigate that problem.
(iv) Council Member Woodward :
1. He said I have a couple of things . My first one is for Rick and Dave, regarding the carpet , and I
understand from the Council Request that they are checking into the nylon or whatever. that our carpet is made
of, and it sounded like, within that memorandum, that at some point in the future , they will be expanding to
taking other types of material. Obviously , this is synthetic ; it isn't a wool carpet, and I'm just wonder ing then if
we have any area that we can store this carpet that is go ing to be pulled out , such as the Servicenter and then
take it over to th is place for disposal, which would meet the accomplishment that , I think, the Mayor was trying to
take care of. And I would imagine that we wouldn 't be paying for that, the disposal, until later anyway then .
Mayor Wolosyn said you can submit a Council Request or do you want an answer to it now?
Director Kahm said sure, I can do that. Jim, we'll follow up with whatever possibilities there are , as far as
recycl ing goes . I'd have to talk to Dave , but I would imagine the cost of having to handle the carpet tw ice would
b xorb1tant. We don 't really have, at the Serv icenter, an indoor storage area that would accommod te 1t , I
Englewood City Council
April 2, 2007
Page 11
don't believe . So, what I would suggest we try to do is make every effort to coordinate recycling opportunities
that coincide with our doing the work .
Mc. •or Wolosyn said so it is going to be recycled just within the building, right? Didn't you say that you were
going to use some of it upstairs?
Director Kahm answered we are . We'll take good stuff for upstairs, absolutely, the best of it. And if there is
anyway at all, if it would be possible for us to do that recycling, we'll get it done.
Mayor Wolosyn said thank you.
Council Member Woodward said I wonder if ... just a matter of policy in the future, that we could be looking at
that type of thing, with things like carpet or whatever, anything that we can do to recycle .
Director Kahm responded that we do that with so much . You know, we talk about it all of the time, that metals
are being stolen and recycled, but we recycle all of our metal, all of our aluminum, all of steel.
2. He said I would like to congratulate the City of Englewood's Human Resources Department for their first
place award from Mountain States Employer's Council , for their citywide computer coaching network in
leveraging internal knowledge to create a culture of learning . I think this really speaks well for the City and for
Human Resources for being creative and teaching some of the skills, computer skills, to employees ... when they
lost budget to have professionals or contract people come in and do that, and instead they are doing it in-house
with the people that have that knowledge . So, please pass on, Gary, congratulations to Sue Eaton and that
department.
3. He said with respect to Jason Park and the dog issue . One of the concerns that I have with cutting it off
completely , as an off-lease area , is that in some of the public hearings when people came to speak to Council ,
there was a number of more elderly, and some of them were disabled, and they come, from what they were
saying , during the middle of the day or the early morning, walk their dog once around the park and that is about
it. I certainly think I could support limiting those times during school hours , when kids are out there practicing
soccer, playing softball, T-ball, and volleyball ... doing the sports activities , and during weekends or something
like that , trying to direct that traffic to Canine Corral. As I've driven by Jason Park , I'm still amazed that there are
a number of people there , and I know that they are not neighborhood people , when Canine Corral is so close .
So , that's my two cents on that one . Thank you .
13 . City Manager's Report
(a) City Manager Sears said I know that Sheridan is responsible for the Tri -City meeting . They are
talking about doing it later, at the end of April. I haven 't gotten a date yet. Soon as we have a preliminary , we'll
send the in formation out to Council.
(b) City Manager Sears said we are having our staff retreat next week to prepare, especially for the
Council retreat, and to take a look at some first quarter numbers . So our staff will be, probably, in the area here,
dur ing that day, but really trying to take a look at some management issues and focus on some budgetary
issues .
(c) City Manager Sears said we are also putting together the Council budget retreat on May 19th .
One of the thoughts we had , if we can do it, is to use the Golf Course Maintenance Center or Golf Course
Clubhouse an d we'll possibly be taking a tour that afternoon of the site ... of the Golf Course and the
reconstruction over there . We 're going to try and put that information together for Council , maybe have a little
bit of a w lking tour .
Mayor Wolosyn s ,d thank you .
• • * ••
Englewood City Council
April 2, 2007
Page 12
Council Member Barrentine said Gary, could I ask you ... you did have a tentative date for the Tri-City meeting at
the best place that Sheridan could host it , our Golf Course, of course , but it didn 't have a time . Are you saying
that it'll change from the 2?'h potentially?
C ity Manager Sears answered it will probably be the 27'h ... I just haven 't seen the agenda ye t.
Council Member Woodward said that as of last Wednesday, I had heard that it was on the 2?'h , at the Golf
Course, at 7 :30 in the morning .
Council Member Barrentine said that's what is in our calendars, so I wanted to know if that's what you were
changing?
Council Member Woodward said that's from a Sheridan Council person .
City Manager Sears said okay. I haven't seen the agenda yet , so I will do a follow up.
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.'
15. Adjournment
OSYN MOVED TO ADJOURN . The meeting adjourned at 8 :22 p .m . 0
6b
S~8', 2007
-..
0
Englewood Days bcgnn in I<) I I. There were
parades, food and numerous special events to
ce le brate our community. In 2005 the downtown
merchant s decided to rev ive this event.
In September, 2006 Englewood citi ze ns put the
event together . In addition to the car and tractor
sho w, we had a s id ewalk sa le, Tast e of
Eng lewood , a coloring contest with Englewood
school participatio n a nd live mu s ic . Over 3000
peo ple came to the events.
The profits were donated to Po s itively
E ngl e wood, a charity, providing sports
scholarships to the youth of Englewood.
• Four thousand plus people
• People who like the outdoors and art
• People who are hungry and thirsty
• P eo ple who like machines
• Peo ple who love animals
• People looking for a fun time
• Cars, Trucks, Motorcycles
• The Taste of Englewood
• Sidewalk Sale
• Live Music
• A Dog Parade
• Bikini Bike Wa s h
• Tribute to Ve terans and First
Responders
• Military Vehicle Ren d ezvous
• Antique Tractor Display
• Pony Ride s
• 'limbing Wall
With your help, the 2007 event will be the
1 • ~st show yet. If you contributed in 2006
y JU know what a wonderful event this can
be and we look forward to your continued
support. We w e lcome any new sponsors as
well.
Cash sponsorships are available at all
levels:
Title: $5000 or more
Platinum: $1 000 -$4999
Gold: $500 -$9999
Silver: $250 -$499
Bronze: $100 -$249
Please refer to our additional information
for further details. Any contribution will
help us to provide the resources to dazzle
the city.
-Sponsors will e njoy the following benefits:
• Advertising on the banners
• Display and sales space
• Mention in our ads and signs
• Prominent placement for auto e ntries
• And more ....
For more information please
contact any of the following:
Chris Duis -303-789-4357
Doug Cohn -303-587-2407
Greater Englewood Chamber of
~ommerce -303-789-4473
(),,,, 2006 S~:
1Qe eMtU -e '4oe ,_ 1.t ~ ,-I
A&A Tradin Post
AA Performance Muffier
and Brake
Acoustic Music Revival
Alignment Ma sters
AMF Brunswick Bowl
Arapahoe Community
College
Army Navy Surplus
Bangkok Cafe
Big D Automotive
Blast-Tech
Bonnie Brae Hobbies
Breakfast Queen
Restaurant
Brethren Fast
Brothers Glass Co.
C4 Automotive
CERC Will Ortiz
Chri s Duis
Cit y of Englewood
Co lor ado Car Interior s
Corner stone Books
Dair y Queen
Discount Tire
Englewood Auto Repair
and Bod y Shop
Eng lewood Drive Shaft
xo ti c Tan s
Farris Survival
our Sea . ons Outdoor
quipmcnt
Fran !.. the Pi zza King
rom Ran gt: 111 ique
Pn\\'t:r so ia ti on
I ro nt Range Motorcy l l!S
{i l'nr!.!e\ Bar and (iril l
< 1oth1L I hcatre
(1 1t'.t!I.T I 11"k \,oo l
( I t• 1 \.' " 111111ncrcc
11 ·,d ,1'111 1
Holida y on Wheels RV
Hoodlums Car Club
Hot Rod Holsey
Jerry's Artarama
Jerry's Leather
King Soopers
LePeep Restaurant
Millennium Bank
NAPA
Neal Tracy 's Automotive
Off Road LTD
Old Town Liquors
On Target Computer Gamin~
Orchard Place Resident
Council
Painter's Supply
Performance Wheel and Tire
Platte River Bar and Grill
Porter Place
Rat Art
Ra y Tomasso
REV Motors
Richard 's Motors
Rico 's Pizza
Riviera Electric
Sir Speedy Printing
Steak House I 0
Ted's Clo thi ers
The Gi lpin Casino
The Liquor Barn
The Lodge Casi no
The Malley Center
The ho ti st
The outh Re. taurant
Tint rafter s
ltraLcgg. Lingerie and Ho-
. icr · Co.
L'mlici Ri,;t rantc
\'allc~ ~1otor
\ our c11.!hho1 h1lo<l ( in II
•
ENGLEWOOD DAYS AND THE CITY
To be included in Council packet for meeting 4/16/07
Doug Cohn, 303-587-2407
As we plan for the upcoming event, there are a number of items to discuss with you, the
City Council.
We met with the department heads last week and agreed to a number of areas of
cooperation. These are the items we discussed and some of them we need your approval
on.
l.
2.
3 .
4.
5 .
Parks and Rec. will loan us the show wagon and extra chairs again at no charge
and we will pay for staff time and transportation .
Public Works will loan us barricades at no charge and will sweep the lots and
smooth the vacant lot and clean up the areas before the show .
We will work with streets and traffic to use the electric signs and re time the
signals again.
We want to rent the Cherrelyn Trolley again, Public Works said OK.
Items for City Council approval :
l. We want to close Lincoln St. for the day and have the show wagon, booths
and the Taste of Englewood in the street. We will make sure the
businesses agree.
2. We ask that the $300 street banner set up fee be waived.
3. We ask that parking on the east side of Broadway be limited to business
customers that day. There would be no car show parking on the east side
of Broadway. This is an enforcement issue and may require an officer to
enforce the temporary zone .
4 . We ask that the Fire Dept. bring the old fire truck and ambulance and new
ones as well, realizing the emergency people may have to leave quickly.
5. Safety Services expressed a concern that if we serve alcohol, we may need
enhanced police security around the event. That would cost some money .
Will you provide an officer to keep the peace?
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER ------
ABILLFOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "CONTRACT FOR UPGRADING IIlGHW AY/RAll.ROAD GRADE CROSSING
WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM", PERTAINING TO
TIIE INSTALLATION OF INTERCONNECT RAILROAD PRE-EMPTION CIRCUITRY AT
DARTMOUTH AND TEJON INTERSECTION BETWEEN THE COLORADO
DEPARTMENT OF TRANSPORTATION, TIIE BURLINGTON NORTHERN SANTA FE
RAILWAY COMPANY (BNSF) AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS , Federal funds , administered through the Colorado Department of Transportation
(COOT) are being made available for the elimination of hazards at certain highway/railroad grade
crossings ; and
WHEREAS , in 2004 the C ity applied for Federal Rail-Highway Crossing Safety Improvement
Project funds (FY2006 through FY2008) for a safety project to install interconnect railroad pre-
emption circuitry at the Dartmouth and Tejon signalized intersection; and
WHEREAS , this will enhance safety of the intersection with the installation o f Ra ilroad p re-
emption device s that will detect oncoming trains and act ivate the traffic signal pre-emption feature;
and
WHEREAS , upon activation the traffic signal will then stop all vehicular traffic acro ss the
railroad tracks for the duration of railroad pre-emption;
NOW, THEREFORE , B E IT ORDAINED BY THE C ITY C OUN C IL OF THE CITY OF
ENG LEWOOD , C OLORADO, AS FOLLOWS :
Section 1: The "Intergovernmental Agreement entitled "Contract For Upgrad ing
Highway/Railroad Grad e Crossing Warning Devices Under Federal Section 130 Program",
attached hereto as "Attachment I", is hereby accepted and approved by the Englewood City
Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood.
Introduced , read in full , and passed on first reading on the 16th day of April, 2007.
Published as a Bill for an Ordinance on the 20th day of April, 2007 .
Olga Wolosyn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on
first reading on the 16th day of April , 2007 .
Loucrishia A. Ellis
D
SRP M395-014, 15983
Dartmouth Ave., e/o Tejon
City of Englewood; BNSF
NIC No . 245-358A
CONTRACT
FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVJCES
UNDER FEDERAL SECTION 130 PROGRAM
THIS CONTRACT, made this __ day of , 2007, by and between the
STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF
TRANSPORTATION, DNISION OF ENGINEERING, DESIGN AND CONSTRUCTION,
hereinafter referred to as the "State", and CITY OF ENGLEWOOD, COLORADO hereinafter
referred to as "Local Agency", and BNSF RAILWAY COMP ANY, formerly known as the "The
, Burlington Northern and Santa Fe Railway Company'', hereinafter referred to as "BNSF" or
"Railroad Company'' or the "Contractor".
WHEREAS, authority exists in the Law and Funds have been budgeted, .appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 400, Appropriation Code 010, Function 3987, Object 2311 IP,
Program 2000 , Originating Unit 9991, Reporting Category 4280, Phase C, Contract
Encumbrance Number 15983, Contract Encumbrance Amount $88,223 .00; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, this contract is executed by the State under authority of section 43-1-110,
C.R.S ., by both the State and Local Agency under the authority of sections 29-1-203 and 42 -2-
144, C.R .S., and by the Local Agency pursuant to an appropriate ordinance or resolution duly
passed and adopted by the Local Agency; and
WHEREAS , pursuant to Title I, Part A, Section 1007 of the Intennodal Surface
Transportation Efficiency Act of 1991, specifically Section 130 of Title 23, United States Code,
and the regulations promulgated thereunder, certain federal funds have been and will in the future
be made availab le for the elimination of hazards at certain highway/railroad grade crossings on
th e Federal -aid Urban System and on roads not on any Federal-aid System, by the installation of
warning devices, such projects being hereinafter referred to as th e Section 130 Program .
WHEREAS, this project selected under the Section 130 Program is eligible for funding at
the rate of l % F deral-aid funds provided the project costs are incurred in accordance with the
nditions se t fort h her in, all without cost to the BNSF, it being und ersto d that such ratio
applies nly t su h ts s are eligible for Federal participation; nd
A
T
A
C
H
2-1
E
N
T
1
WHEREAS , Federal regulations (23 CFR, Part 646 , Subpart B) require the State to
contract with railroad companies on Federal-aid projects involving use of railroad property or
adjustment to railroad facilities; and
WHEREAS, the State is responsible for the administration of the Section 130 program
and will act in the relative position of the Federal Highway Administration (FHWA) in reviewing
and approving highway/railroad projects and in authorizing expenditure of Federal-aid funds on
said projects; and
WHEREAS, the FHW A has detennined that the use of a three-party contract is required
in order for the State to fulfill its administrative responsibilities, including the responsibility of
assuring that work is not performed prior to authorization by the State; and
WHEREAS, the Local Agency and the BNSF understand that, pursuant to paragraph
646.220 of 23 CFR, the State is responsible for issuing written authorization for all phases of the
work described herein, and that the costs for such work will be eligible for reimbursement only if
the work is performed after written authorization by the State; and
WHEREAS, the State may authorize advance preliminary engineering and/or the early
purchasing of materials for the crossing, upon receipt of the BNSF's cost estimate for the
Railroad Work, in the form of authorization letters, attached hereto as Exhibits D and E ; and
WHEREAS , the State has initiated this Section 130 Program project numbered SRP
M395-014 , 15983 , by submittal to the State of a completed CDOT Form No . 463 ; and
WHEREAS, the project is not located on the State Highway System and is under the legal
jurisdiction of the Local Agency; and
WHEREAS , this contract provides for highway/railroad grade crossing improv ements
that consist of installing: new bungalow, motion circuitry and preemption for traffic signal , as
m ore sp eci ficall y described on CDOT Form No . 463 ; and
WHEREAS, the proposed improvements provided for herein are located on Dartmouth
Avenue east ofTejon, City of Englewood, Arapahoe County, Colorado and the BNSF track,
National bwentory Crossing No . 245-358A, BNSF milepost 7 .10, Denver-Sheridan Subdivision;
and
WHEREAS, the Local Agency is responsible for complying with all terms and conditions
of thi s contact for project SRP M395 -014 , 15983 ; and
WHEREAS , the BNSF has agreed to be responsible for the installation and operation of
the cir uitry installed hereunder; and
2
WHEREAS, the BNSF is adequately staffed and suitably equipped to undertake and
satisfactorily complete the proposed improvements, and can perform the Railroad Work more
advantageously and more cost effectively than the State; and
WHEREAS, it is in the public interest that the Railroad Work be performed by the
BNSF's forces, on a Force Account basis; and
NOW, THEREFORE, it is hereby agreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEFINITIONS
1.
2.
3 .
4 .
5.
FHWA
CPR
MUTCD
PUC
CRS
U.S. Department of Transportation Federal Highway
Administration
Code of Federal Regulations
The Manual on Uniform Traffic Control Devices for
Streets and Highways , Year 2003 Edition
Public Utilities Commission of Colorado
Colorado Revised Statutes
6 . The term "Eligible Charges" shall include only those actual incurred costs , as provided in
23 CFR, Part 140, which are directly attributable to Project No. SRP M395-014 , 15983 , and
which are incurred following written authori zation by the State for the various work functions,
except as provided in Article II, Section A.
7 . The tenn "Railroad Work" shall consist of work done byBNSF forces and shall include
the following:
Furnish and install CWT, preemption circuitry for traffic signal and bungalow.
SECTION B. EXHIBITS
The exhibits listed below are attached hereto and made a part of this contract:
Exhibit A
Exhibit B
PUC Order Deeming Application Complete
Print Showing Crossing Location
3
Exhibit C
Exhibit C-1
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Railroad Estimate and Signal Plan
Preemption Time Calculations
Preliminary Engineering Authorization Letter (example)
Materials Purchase Authorization Letter
Contract Funding Letter Format
Civil Rights Exhibit
SECTION C. REFERENCE DOCUMENTS
The following are made a part of this contract by reference the same as if attached hereto
including any supplements or amendments thereto dated prior to date of this contract:
23CFR
23CFR
MUTCD
Part 140
Part 646
Dated
SECTION D. DESIGN DATA
Subpart I
Subpart B
2003
The highway/railroad improvement project provided herein, identified as Project No. SRP
M395-014, 15983, consists generally of installing highway/railroad grade crossing improvements
consisting of installation of CWT, preemption circuitry for traffic signal and new bungalow at
Dartmouth Avenue east ofTejon, City of Englewood, Arapahoe County, Colorado and the BNSF
tracks, National Inventory Crossing No . 245 -358A, BNSF milepost 7 .10, as more fully described
in CDC'T Form No. 463 which the State has developed. Said CDOT Form No . 463 shall be part
of thi s contract by reference. Only those crossing warning device improvements provided in the
fi na l CDOT Form No . 463 fo r this proj ect are eligi ble for federal -aid participation under this
contract.
ARTIC LE II
COMMIT ME NTS ON THE PART OF THE LOCAL AGENCY
SE TION A. PRE-CONTRACT ADM INISTRATIVE T A SKS
ertain administrative tasks are necessary to be performed prior to execution of this
contract, and the Local Agency agrees that the costs of those tasks, whether incurred by the Local
A ge n cy or the State shall be eligible for reimbursement from project funds . Said tasks include,
but ar n ot limited to , preparation of CDOT Form No. 463 , attending pre-design meetings,
obtaining FHWA approvals and preparation of this contract. fu the event Federal-aid funds are
not made available, or are withdrawn for the project, the Local Agency shall reimburse the State
for costs incurred by the State, subject to the limits provided in Article IV , Section B, in
administering this contract.
SECTION B. PUC APPLICATION
The State has made application to the Public Utilities Commission on behalf of the Local
Agency requesting a PUC order providing for the improvement provided for herein. The State
shall include a copy of this fully executed contract and will submit it to the PUC as a late-filed
exhibit. The Local Agency shall participate in any hearing before the PUC in this matter.
SECTION C . UTILITIES
The Local Agency shall be responsible for obtaining proper clearance or approval, in
writing, or formal agreement if utility adjustments are required, from utility companies which
may be involved in the project. The Local Agency shall furnish the State with documentation of
such clearance or approval prior to installation of the proposed improvements .
SECTION D. RIGHT-OF-WAY
( CDOT with the cooperation the Local Agency shall provide written certification to the
State that the proposed project will be constructed on existing right-of-way, or that if right-of-
way is acquired for the completion of the project that such acquisition was made in accordance
with FHW A and State regulations .
SECTION E. CROSSING IMPROVEMENT WORK
COOT with the cooperation of the Local Agency shall coordinate crossing improvement
w ork and shall inspect the Railroad Work performed by BNSF forces . The Local Agency shall
n ot initiate o r authorize any cro ssing improvement w ork, i nclud ing the Railro ad Work until th e
State has issued the Notice to Proceed, Article IV, Section A, to the Local Agency and the BNSF.
fu the event that such work is initiated by the Local Agency prior to issuance of the Notice to
Proceed, other than advance preliminary engineering or the early ordering of material as
authorized in writing by the State when applicable (Exhibits D and E ), the Local Agency shall be
solely responsible for all costs incurred for work performed prior to such issuance. The Local
Agency shall be resp on sible for providing a traffic control d uring Project Work that meets the
criteria of the most c urrent edition of the MUTCD.
S TJON F . RAJLROAD COMPANY BILLINGS
Upon receipt of the Railroad ompany's billings from the State's Railroad Coordinator,
the Local Agency shall review and verify the billings, to the best of their knowledge and belief,
fi r the Railroad Work perfonned hereunder to ensure that the billings for Eligible harges
5
for work actually performed. After Local Agency verification, the designated representative
from the Local Agency shall send written confirmation to the Region 6 Civil Project Manager
that the work has been accomplished. The Region 6 Civil Project Manager will approve the bill
for payment by the State to the Railroad Company.
SECTION G . INSPECTION AND AUDIT
The Local Agency shall, during all phases of the work, permit duly authorized agents and
employees of the State and the FHW A to inspect the project and to inspect, review and audit the
project records. The Local Agency shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and to make such materials available at
all reasonable times during the construction of the project and for three (3) years from the date of
final payment. Copies of such records shall be furnished by the Local Agency if requested.
ARTICLE III
COMMITMENTS ON THE PART OF THE RAILROAD COMP ANY
SECTION A. CROSSING AT GRADE
1. Warning Devices. The BNSF agrees to accomplish by force account all the Railroad
Work defined in Article I, Section A , as provided hereunder, provided that the BNSF shall obtain
written Notice to Proceed from the State before it starts to perform or authorizes the performance
of such railroad force account work. In the event that such work is initiated prior to the issuance
by the State of the written Notice to Proceed, other than advance preliminary engineering and
early ordering of materials as may be authorized in writing by the State's Chief Engineer or his
designee (Exhibits D and E), the BNSF shall be solely responsible for all costs incurred for such
work.
2. Plans and Force Account Estimate. Prior to execution ofthis contract, the BNSF shall
submit a general plan showing the crossing, the type(s) and location of crossing warning dev ice s
to b e inst alled, and the approx imate approach lengths and/or warning time for the dev ices along
wi th an itemized cost e stimate (Exhibit C) fo r the proposed Railroad Work to the Local A gency
and the State. Said estimate sh a ll take into accoun t the value of all existing materi al that can be
salvaged . The Local Agency shall be afforded the opportunity to inspect salvaged material. The
cost estimate shall conform to the requirements of 23 CFR, Part 140, Subpart I, and shall be of
the fom1 prescribed in 23 CFR, Part 646 , Subpart B.
3 . Changes in the Railroad Work. No change shall be made in the Railroad Work which
will alter the character or scope of the Railroad Work without th e prior written concurrence from
the Local Agency and prior written authorization by the State. The BNSF shall be responsible
for cost increases r esulting from unauthori zed changes in the Railroad Work.
SECTION B. COORDINATION
After receipt of the Notice to Proceed from the State, the Railroad Company shall notify
the Local Agency and the State at least ten (10) working days in advance of beginning the
Railroad Work so that the Local Agency and the State can arrange for construction zone traffic
control and inspection. The Railroad Company shall also furnish the Local Agency and the State
a copy of the completion notice the Railroad Company furnishes to the PUC.
SECTION C. RAILROAD COMPANY'S BILLINGS TO THE STATE
Progress billings for "Eligible Charges" for the Railroad Work shall be acceptable in
minimum amounts of $500 for each billing. The Railroad Company shall provide its final and
complete billings of all incurred costs to the State's Railroad Program Manager within one-year
following completion of the Railroad Work as described in Article I, Section C. The billing for
such work shall reference the project no. SRP M395-014, 15983. EACH INVOICE
SPECIFICALLY STATE THE WORK PERFORMED AND SHALL BE THE SAME AS THE ..
WORK AUTHORIZED . The State shall provide the Railroad Company with written notice of
the completion of the work, thus marking the beginning of the one-year period. If the Railroad
Company does not present the final bill to the State's Railroad Program Manager within that one-
year time period, as required by paragraph 140.922 of 23 CFR, then previous payments to the
Railroad Company for the Railroad Work may be considered as final and comp lete
reimbursement for that work, and the State may close out the project with no u T financial
obligation. Railroad Company's billings for incurred costs for the Railroad Work shall be audited
by the State for compliance with 23 CFR, Part 140, Subpart 1.
SECTION D . CIVIL RIGHTS
The Railroad Company, in the prosecution of the work herein prescribed, will adhere to
the requirements of the Civil Rights Exhibit G, and will include the provisions of the said Civil
Rights Exhibit in every subcontract; including procurement of materials and leases, unless
exempt by the regulations, orders or instructions issued pursuant thereto.
ARTICLE IV
COMMITMENTS ON THE PART OF THE STATE
SECTION A . PROJECT ADMIN1STRA TION
I . Approvals by the State . The State, acting in the relative position of the FHWA, shall
be responsible for approving the various work fun cti ons relative to this project. The work
functions include, but are not limited to , preliminary engineering, right-of-way, utility
a djustments , Railroad Work, and worlc by the Local Agency.
2 . Notice to Proceed. The State's Civil Project Manager, Region 6, shall issue written
Noti to Pr eed for the various worlc functions as may be required . The State's issuance of
7
authorization to proceed w ith the Railroad Work shall be contingent upon the PUC approval.
Any work function performed by the Local Agency for the Railroad Company prior to the
issuance of the Notices to Proceed shall not be eligible for reimbursement from Federal-aid funds
other than advance preliminary engineering and early ordering of material as may be authorized
in writing by the State's Chief Engineer (Exhibits D and E).
SECTION B. STATE'S SUPPORT SERVICES AND CHARGES
The State shall perform the support services necessary for the approval and
administration of this contract. These services may be performed in preparation for any
conditions or requirements of this contract, including prior FHWA approval of project work. At
the request of the Local Agency, the State may also provide other assistance under this contract
as agreed in writing. However, in the event that Federal funding is either not made available or is
withdrawn for this contract, or if the Local Agency terminates this contract prior to project
completion for any reason, then all actual incurred costs of such services and assistance provided
by the State shall be at the sole expense of the Local Agency. At the request of the Local
Agency, the State may provide other assistance as agreed to in writing. The Local Agency shall
reimburse the State the actual costs incurred by the State in performing such assistance.
SECTION C. RAILROAD COMP ANY REIMBURSEMENT
The State will pay the Railroad Company within 45 days of the State's receipt of an
invoice. If payment is not made within 45 days of the State's receipt of an invoice, the State shall
pay interest to the Railroad Company not to exceed 1 % per month until payment is made, subject
to the terms and conditions of section 24-30-202 (24), C .R.S.
ARTICLEV
ADDITIONAL PROVISIONS
S E CTION A . FINANCIAL PROVISIONS
T h e total encumbrance for proj ect number SRP M395 -0I4, 1598 3, is $88,23 3.00; F ed eral
fu nds are 100% o f the amount for crossing protection devices. The State's maximum fi n ancial
obligation for all Eligible Charges and other work costs under this Contract is currently limited to
that total encumbrance amount. If during the performance of the project the Local Agency or the
Railroad determine and notify the State that the Eligible Charges of the project will exceed that
total encumbrance amount, the State will make all reasonable efforts to timely amend this
Contract to increase total encumbrance amount to cover the added costs, and until the State does
so the Local Agency and/or the Railroad may stop performance of project work and/or Railroad
Work which, if performed, would exceed that current total encumbrance amount. The State may
also allocate more funds available on this Contract using a Funding Letter substantially
e qui v al ent to Exhibit F and bearing the approval of the State Controller or his designee. The
Funding Letter shall not be deemed valid until it shall have been approved by the State Controller
or hi s d s ignee. If actual project costs exceed the total budget, such costs shall be borne
g
exclusively by the Local Agency. The Local Agency shall not be responsible for any
unauthorized Railroad Work pursuant to Article ill, Section A . If project costs under-run the
estimated total budget, the Federal portion of such under-run shall be reallocated within the
framework of the State's Section 130 Program as mutually agreed upon by the State and the
FHWA.
SECTION B . REPRESENTATIVES
I. To Local Agency:
Ladislav Vostry
Traffic Engineer
Dept. of Public Works
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
phone: 303-762-2511; fax: 303-783-6893
2 . To Railroad Company
Andy Amparan
Manager, Public Projects
BNSF Railway Company
4515 Kansas Avenue
Kansas City, KS 66106
phone: 913-551-4964; fax: 913 -551-4794
3. To State:
Ron Dickey
Civil Projects Manager II
Colorado Department of Transportation
Denver, C O 80222
phone: 3 0 3-757-9910; fax 30 3-757-9988
4 . Billings Sent To:
Hayne Hutchinson
Railroad Coordinator
Safety and Traffic Engineering Branch
Colorado Department of Transportation
420 1 East Arkansas Avenue. 3rd F loor
Denver, CO 80222
phone: 303-757-9268; fax: 303-757-9219
SECTION C . MAINTENANCE
1. Local Agency. Upon completion of this project the Local Agency shall maintain the
9
roadway approaches of Dartmouth Avenue and Tejon to the crossing described in Article I,
Section D . Roadway approaches shall be considered that section of roadway in the vicinity of the
crossing beginning at the railroad crossing advance warning signs and extending to the edge of
the concrete crossing surface and the transition between the roadway and the crossing surface .
The Local Agency shall maintain the traffic signal circuitry and the traffic signal itself. The
Local Agency shall also be responsible for maintaining advance warning signs and pavement
markings . The Local Agency shall not be responsible for maintaining the Railroad Company's
facilities .
2 . Railroad Company. Upon completion of this project the Railroad Company shall
thereafter operate, maintain, repair and keep its roadbed, track and appurtenances, including the
railroad grade crossing warning devices installed hereunder, in a proper working condition . In
the event that Federal or State funds or other funds become available for use in the operation,
maintenance, or repair of the crossing warning devices installed hereunder, the Railroad
Company shall be free to apply for such funds . The Railroad Company shall not be responsible
for maintaining the roadway approaches .
SECTION D. NO BENEFITS TO THE RAil,ROAD COMPANY
In accordance with Paragraph 646.210 (b )(1) of 23 CFR, Part 646 , Subpart B, it is
determined that the improvements herein provided will not result in ascertainable benefits to the
BNSF and, consequently, liability for the cost thereof shall not be required of the BNSF.
SECTION E . CANCELLATION
In the event delays or difficulties arise in securing necessary approvals, or in acquiring
necessary right of way, or in settling damages or damage claims, or for any other reason, which,
in the opinion of the State render it impracticable to utilize funds from the current appropriation
for the construction of the project, then at any time before actual construction is started pursuant
to proper approval or authority, the State may serve formal notice of cancellation upon the BNSF,
an d thi s c ontract shall thereupon become null and void. In the event of any such can cell ation, th e
State sh all reimburse th e BNSF for all related pre liminary engi n ee rin g co st s incurred b y th e
BNSF prior to th e effective cancellati on date.
SECTION F. FUTURE USE OF WARNING DEVICES
If, hereafter, by agreement, negotiation, or order of competent public authority, the grade
crossing warning devices are rendered unnecessary, undesirab le or improper by closing of said
crossing, by relocation, by separation of grades, or by develo pments or improvements in crossing
protection or otherwise, such devices shall be removed, and if by mutual agreement the grade
crossing warning devices are deemed suitable for reuse at another location, they shall be
reinstall d at that location by the BNSF under a separate agreement for relocation between the
tale , Lo al Agency, and the BNSF, as approved by the PUC . If the Local Agency widens the
hi ghway , or makes any changes therein which require relocation of said devices, the Local
10
Agency will bear the entire cost of making such changes. Whenever by reason of Railroad
Company changes said devices are removed, relocated or replaced, the entire cost thereof shall be
borne by the BNSF.
SECTION G. TERM
The covenants of this contract, except for the provisions in Sections C and F of this
Article, shall continue through completion and final acceptance of this project by the State and
the FHW A. The covenants stated in Sections C and F of this Article sha11 remain in effect in
perpetuity or until such time as the Local Agency or the BNSF is, by law or otherwise, relieved
of such responsibility.
SECTION ·H . FEDERAL AID PROJECTS
It is understood that the project herein contempla~ed shall be financed from funds made
available by the federal government and expended under federal regulations; that all plans,
estimates of cost, specification, authorizations, awards of contracts, acceptances of work and
procedures in general are subject at all times to all federal laws, rules, regulations, orders and
approvals applying to federal projects.
SECTION I. SUCCESSORS AND ASSIGNS
All of the covenants and provisions hereof shall inure to the benefit of and be binding
upon the parties hereto, their successors and assigns.
SECTION J. SIGNATURE AUTHORITY
The BNSF represents and warrants that it has taken all actions that are necessary or that
are r equired by its procedures, bylaws, or applicable law, to legally authorize the undersigned
signatory to execute th is contract on behalf of the BNSF and to bind the BNSF to its terms .
SECTION K. EXCEPTIONS TO SPECIAL PROVISIONS
The parties hereto agree that paragraph 3, INDEMNIFJCATION, of the Special
Provisions, is hereby waived and shall not apply to the Railroad Company for this contract.
The parties hereto agree that the final sentence of paragraph 4, INDEPENDENT
CONTRACTOR. 4 CCR 801-2, of the Special Provisions, is replaced with the fo ll owing:
Contractor shall provide and keep in force such types of Workers' Compensation
Insurance, in the amounts required by law (and provide proof of such insurance, if such insurance
is required by law, when requested by the State) and Unemployment Compensation Insurance, if
required by Jaw, in the amounts required by law, and shall be solely responsible for the acts of
th ontractor, its employ es, and agents.
11
The parties hereto agree that the first sentence of paragraph 6 , CHOICE OF LAW, of the
Special Provisions, is replaced with the following :
The laws of the State of Colorado and rules and regulations issued pursuant thereto, to the
extent not preempted by federal law, shall be applied in the interpretation, e x ecution, and
enforcement of this contract.
The parties hereto agree that paragraph 7, VENDOR OFFSET. CRS 24-30-202 (1) & 24-
30-202.4 shall apply to this contract, to the extent not preempted by federal law .
SECTION L. SPECIAL PROVISIONS.
12
SPECIAL PROVISIONS
(Not for Use with Inter-Governmental Contracts)
1. COIHROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until It has been approved by the Controller of the State or Colorado or such a ssista nt as he may
desig nate .
2. FUND AVAILABILITY. CRS 24-30 -202 (5 .5)
Financial obligations or the State of Colorado payable after the current fiscal yea r are cont i ngent upon funds for t ha t pu r po se being
ap propriated, budgeted, and otherwise made available.
3 . INDEMl~I FICATION .
The Contractor shall Indemnify, save, and hold harmless the State, Its employees and agents, against any and all claims, damages,
liability and court awards Including costs, expenses, and attorney fees incurred a s a res ult of any act or omiss ion by the Contractor, or its
employees, agents, subcontractors, or ass ignees pursuant to the terms of this contract.
4 . INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES liEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE . NEITHER
TliE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR
EMPLOYEE OF THE STATE . CONTRACTOR SHALL PAY WtiEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL
HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY fOR OR OTHERWISE PROVIDE SUCH COVERAGE .
CONTRACTOR SHALL HAVE NO AUTliORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS '
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION
INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, !TS
EMPLOYEES AND AGENTS.
5 . NON-DISCRIMINATION.
The contractor ag rees to comply with t he letter and the spirit of all applicable state and federa l laws respecting discrimination a nd un fa,r
employment practices.
6 . CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations Issued pursuant thereto shall be appli ed In the interpretation, execution, and
enforcement of this contract. Any provision of this contract, whether or not Incorporated herein by reference, wh ich provide s for
arbitration by any extr a-judicial body or person or which Is otherwise i n conflict with said laws, rules, and regulations shall be considered
null and void. Nothing contained i n any provisi on incorporated here i n by reference which purports to negate this or any other special
provision In whole or In part shall be valid or enforceable or available in any action at law whether by way of compla int, defen se , or
otherwise. Any provision rendered null and void by the operation of th is provision will not invalidate the remainder of this contract to the
extent that the contract Is capable of execution.
At all t i mes during the performance of this contract, the Contractor sha ll strictly adhere to all applicable fed eral and State laws, rules, a nd
reg ula tions that have bee n or may hereafter be established .
7 . V ENDOR OFFSET. CRS 24-30-202 (1) & CRS 24-30-202 .4
Pursuant to CRS 24 ·30 ·202 .4 (as amended), the State Con troller may withhold debts owed to State agencies under the vendor offset
intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued Interest, or other
charges specified In Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any
agency thereof, the 11mount of which is round to be owing as a result of final agency determination or reduced to judgment as certified by
the controller.
8 SOFTWARE PIRAC'Y PROHIBITION Governo(s Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions . The Contractor hereby certifies that, for the term
of this Contract and any extensions, the Contractor has In place appropriate systems and controls to prevent such Improper use or public
funds . If the State determines that the Contractor Is In violation of this paragraph, the State may exercise any remedy available at law or
equity or under this Contract, Including, without limitation, Immediate termination of the Contract and any remedy consistent with United
States copyright laws or applicable licensing restrictions .
9 EMPLOYEE FINANC IAL INTEREST. CRS 24-18-201 & CRS 24 ·50-507
The si gnatories aver that to their knowledge, no employee of the State of Co lorado has ny personal or beneficial Interest whatsoever ,n
the service or property described herein .
10 ILLEG AL ALIENS -PUBLIC CONTRACTS FORS RVICES. CRS 8 -17 .5 -101 and Public Law 208, 104~ Congress,•• amended and expanded In Public Law 156 ,
108~ Congress. rnonded
SPECIAL PROVISIONS
PARTIES HERETO HA VE EXECUTED THIS CONTRACT
STATE OF COLORADO
BILL RIITER, JR.
GOVE R
By
Gabriela C. Vidal, P.E.
Branch Manager
Safety and Traffic Engineering
Attest ________ _
BNSF RAILWAY COMP ANY
Federal Employer Identification
No . 41-6034000
4515 Kansas Avenue
Kansas City, KS 66106
CITY OF ENGLEWOOD
By ___________ _
Title -----------
1000 Englewood Parkway
Englewood, CO 80110
APPROVED:
JOHN SUTHERS
Attorney General
By ___________ _
Kathryn Young
Assit. Attorney General
CRS 24-30-202 requires that the State Controller approve all state contracts . This contract is not
valid until the State Controller, or such assistant as he may delegate, sign it. The contractor is not authorized
to b egin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
State Controller
Leslie Shenefelt
By ___________ _
Cheryl Tarr CDOT Controller
Date __________ _
14
Decision No. C06-1506
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 06A-630R
IN THE MATTER OF THE COLORADO DEPARTMENT OF TRANSPORTATION, ON
BEHALF OF THE CITY OF ENGLEWOOD FOR AUTHORITY TO INSTALL
INTERCONNECT AND PREEMPTION CIRCUITRY AT THE CROSSING OF THE BNSF
RAILROAD TRACK AT DARTMOUTH AVENUE, CITY OF ENGLEWOOD, ARAPAHOE
COUNTY, COLORADO.
COMMISSION ORDER
DEEMING APPLICATION COMPLETE AND
GRANTING APPLICATION
Mailed Date: January 2, 2007
Adopted Date : December 28, 2006
I. BY THE COMMISSION
A. Statement
1. This matter comes before the Public Utilities Commission (Commission) for
consideration of an application filed by the Colorado Department of Transportation, Division of
Engineering and Maintenance (CDOT) on November 14, 2006 requesting authority to install
interconnect circuitry with preemption, constant warning time circuitry and a new bungalow at
the crossing of W. Dartmouth Avenue east of S. Tejon Street with the BNSF Railway Company
(BNSF), National Inventory No. 245358A, in the City of Englewood, Arapahoe County,
Colorado .
2. The Commission gave notice of this application to all interested parties, including
adjacent property owners in accordance with § 40-6 -108(2), C.R .S . The Notice was mailed
Nov ember 2 1, 2006 .
Before Che rublic Ulilities Commission of Che Stair or Colorado
Decision No. C06-1506 DOCKET NO . 06A-630R
3. On November 22, 2006, CDOT was contacted regarding a deficiency in its
application . Specifically, the application did not include the traffic signal timings and
information required by Commission Rule 4 Code of Colorado Regulations (CCR) 723-7 -
7204(b)(XV). CDOT states it is currently working with the City of Englewood and BNSF to
finalize the new preemption timing plans and requests to late-file this information when
completed. We will allow CDOT to late-file the necessary traffic signal timings and information
required by Rule 7204(b)(XV) for Staff review by February 28, 2007.
4. On November 27, 2006, CDOT's attorney filed an Entry of Appearance.
5. On November 30, 2006, BNSF filed an Entry of Appearance and Notice of
Intervention. BNSF does not oppose or contest the granting of the Application and states the
Commission may treat its appearance and intervention as withdrawn if no other interventions or
protests resulting in a hearing are filed .
6. On November 30, 2006, the Commission received a copy of a letter from Qwest
Corporation (Qwest) to Mr. Randy Jensen, P.E., CDOT Project Administrator for this project.
Qwest has no objections to the project as there are no known impacts to Qwest facilities
presented by the project. However, Qwest notes that it owns and maintains an existing
underground conduit structure and direct buried copper cable parallel to and within W.
Dartmouth Avenue right of way that crosses under the railroad. Qwest states that if the project
should require construction or engineering actions on Qwest's part to protect, modify, relocate or
otherwise preserve any Qwest facilities, the requester will be billed for all costs associated with
any required a tivities .
7. The proposed crossmg safety improvements will not involve any roadway
nstru ti n other than that n ce s ry to install the interconnection and warning circuitry.
2
I
Defore the Public Utilities Commission or the St a te or Colorado
Deci s ion No. C06-J50(i DOCKET NO. 06A -(i30R
CDOT also commits that all signing and striping will be installed in accordance with provisions
of the Manual on Uniform Traffic Control Devices (MUTCD). Because of the scope of work for
this project, COOT does not provide detailed plans and profile drawing pursuant to Commission
Rules 4 CCR 7204(b)(XII) and (XIIn. Our Rule 7204(b) allows an applicant to omit required
infonnation the applicant believes is excessive compared to the scope of the proposed project
provided the application specifically justifies the omission. Given the scope of the safety
improvements for this project and CDOT's commitment to follow the MUTCD, we agree with
CDOT that the detailed plans and profile drawing are not necessary for this application .
8. The Commission has reviewed the record in this matter and deems that the
application is complete within the meaning of§ 40-6-109.5, C.R.S.
B. Findings of Fact
9 . The Commission gave notice to all interested parties , including the adjacent
property owners . No intervention was received opposing the application .
10 . CDOT proposes to install interconnect circuitry with preemption, con stant
warning time ci rcuitry and a new bungalow at the crossing of W. Dartmouth Avenue east of S .
Tejon Street with the BNSF tracks as part of the Federal Section 130 railroad/highway hazard
elimination program.
11 . CDOT states the current average daily traffic volumes on W. Dartmouth Avenue is
13,500 vehicles per day (VPD) with a projected increase to 16,000 VPD by 2011 . BNSF
currently runs approximately two train movements per week through the crossing at a maximum
spe d f 1 O MPH with a projected increase to three trains per week by 2011. Construction is
p cted to begin J nuary l, 2007 and end with commencement of crossing operations by
mb e I . 2 07 .
Before the Public Utilities Commission of the State of Colorado
Decision No. C06-1506 DOCKET NO. 06A-630R
12. CDOT states the estimated cost of the proposed crossing change is $88,223.
Federal Section 130 funds will pay for 100% of eligible costs and CDOT funds will pay for non-
participating and indirect costs. CDOT requests to late-file a copy of the signed construction and
maintenance agreement.
13 . The City of Englewood will maintain the roadway approaches to the crossing at
its expense. BNSF will maintain the new circuitry at its expense. Pursuant to Rule 721 l(a), we
expect BNSF to maintain, at its expense, the track and appurtenances at this crossing as well .
C. Conclusions
14. The Commission has jurisdiction m this matter under §§ 40-4-106(2)(a) and
(3)(a}, C.R.S.
15 . No intervenor that filed a petition to intervene or other pleading contests or
opposes the application.
16. Because the application is unopposed, the Commission will determine this matter
upon the record, without a formal hearing under § 40-6 -109(5), C.R.S., and Rule 1403 ,
Commission Rules of Practice and Procedure, 4 CCR 723-1.
II. ORDER
A. The Commission Orders That:
t . The application is deemed complete within the meaning of§ 40-6-109 .5, C.R.S.
2 . The intervention filed by BNSF Railway Company (BNSF) is granted .
3 . The application filed by the olorado Department of Transportation, Division of
ngineering and Maintenance (COOT) is granted .
4 . DOT is uthorized and ordered lo proceed with crossing improvements
c nsi ting of ne~ interconnect c ircuitry with pr mpti n, constant wamin time circui try nd
-
Defore the l'ubli~ Ulilltles Commission of 11,e State of C<1lorado
Decision No. C06-1506 DOCKET NO. 06A-630R
new bungalow at W. Dartmouth Avenue east of S. Tejon Street with the BNSF, National
Inventory No. 245358A.
5. CDOT is required to file the traffic signal timings and infonnation required by
Rule 7204(b)(XV) for Staff review by February 28, 2007.
6. The City of Englewood is required to maintain the approaches to the crossing
surface up to the outside end of the ties at its expense pursuant to Rule 7211 ( c ).
7. BNSF i"s required to maintain the crossing surfaces, track, ·appurtenances and new
warning equipment at its expense pursuant to Rule 721 l(a).
8. CDOT is required to late-file the signed construction and maintenance agreement
by May 28 , 2007 .
9. COOT is required to inform the Commission in writing that crossing changes are
complete and operational within 10 days after completion. We shall expect this letter sometime
around December 31, 2007. However, we understand this letter may be provided earlier or later
than this date depending on changes or delays to the construction schedule.
10 . The 20-day period provided for in § 40-6 -114 , C .R.S ., within which to file
applications for rehearing, reargurnenl, or reconsideration, begins on the first day following the
effective date of this Order.
11 . The Commission retains jurisdiction to enter further required orders .
12 . This Order is effective on its Mailed Date.
Before tht Public Utllltle, Commission or tht State or Colorado
D eels Ion No. C06-I S06 DOCKET NO. 06A-630R
B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING
December 28, 2006.
A'ITEST: A TRUE COPY
Doug Dean,
Director
THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
GREGORY E . SOPKIN
POLLY PAGE
CARL MILLER
Commissioners
G ·\oRD R\CO -1 S06 A-6 OR d MS
(
(_
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... -..... -..
MAINTAIN PROPRIETARY CONFIDENTIALITY · · ---· -· ---· ----------· --· ------------------------'"' ': ;~;;; iiF il!l:i~i "";'" ----------------E\f / i -~ .......
......................................................................................... -.................. -.............. . .OCATION: · ENGLEWOOD DETAILS OF ESTIMATE -.................................................. -...... -.. --...... ---.... -..... -........... -.... -....................... . PLAN ITEM: PS1245358Al PURPOSE . JUSTIFICATION ANO DESCRIPTION VERSION :
SIGNAL COST TO INSTALL A NEW BUNGALOW W/ MOTION CIRCUITRY & PREEMPTION FOR TRAFFIC SIGNAL
INTERTIE AT DARTMOUTH AVE & TETON ST DDT 245358A IN ENGLEWOOD . CO LIS 0483 HP 7 .10 ON THE POWDER RIVER DIV . DENVER-SHERIDAN SUBDIV .
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY .
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS. DETAILED ANO ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED .
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RA! LROAD .
THIS ESTIMATE GOOD FOR 90 DAYS . THEREAFTER THE ESTIMATE rs SUBJECT TO CHANGE IN COST FOR MATERIAL . LABOR. ANO OVERHEADS .
******************************* SIGNAL WORK ONLY******************************* THE STATE OF COLORADO IS FUNDING THIS PROJECT lDOl .
DESCRIPTION
...........
LABOR
**********
ELECTRICAL LABOR F/POWER TRANS SYS SIGNAL FIELD LABOR · CAP
SIGNAL SHOP LABOR · CAP
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
**********
MATERIAL
**********
BATTERY
BUNGALOW 6~6
BUNGALOW MATERIAL CABLE
CHARGERS
FIELD MATERIAL
HETER POLE
HJSC . MATERIAL PHD3R SYSTEM
PREEMPT! ON MTRL RECORDER
TOTAL LABOR COST
RTU-6 CELLULAR MONITOR SHUNT . NBS
MATERIAL HANDLING USE TAX
OFFL!Nf TRANSPORTATION
QUANTITY U/H
54 .00 MH
272.00 HH
64 .00 MH
I. 00
1. 00
I. 00
1.00
l.DO
I. 00
1.00
l. 00
I.DO
l. 00
1. 00
l. 00
2.00
EA N
EA N
LS N
LS N
LS N
LS N
EA
EA N
EA N
LS N
EA N
EA N
LS N
COST
1. 277
5 .936
I. 447
6 .985
2 .167
7 .795
1.365
2 . 769
7 .612
4 .364
1 .596
684
3 .150
1 .5 00
2 .000
9 .848
1 . 500
2.220
Z.060
1 .058
75
I. 396
500
26 .972
............. TOTAL HATERIAL COST .................................
OTHER ................
AC POWER SERVICE
CONTRACT ENGR .
FILL DIRT
SURFACE ROCK
TOTAL BILLABLE COST
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
I. 00 EA
1.0 0 EA N
10 .00 EA N
10 .00 EA N
42 . 332
5 .000
5 .000
250
250
42 .332
................................
10 .500 10 .500
79 .804
7 .980
439
88 .223
0
88 .223
--·········
The Burlington Northern 8, San ta Fe Railway Company
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JNSTALL:GATES & FLASHERS
CONTROL OEVICES:CONSTANT WARNING
80.0 • l'N
HH#r,,r -OUT
SALVAGE:NONE
lNS TRt.tiENT HOUSE
BELL
HETER
CROSSING CONTROLL COHNECTIOHS
BIDIRECTIONAL CROSSING CONTROL
l.lollOIAECTIOHAL CROSSING CONTROL
COUPLER OR TERMINATION
CUM() RAlL
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STREET fJArf 11t0r;/f.,, /111t, ·
DOT •
kf535flf
Wo.-n1n9 device placement:
•n Cleoronce to C.L. Track : M1n .1z ·.e.z;
Edge of Rood to C,L. Fovndot.1on:
Min. 4 '3' "' tn cvrb,
Hin. 8'J' v1thovt curb,
Mox. 12 '
Howse Cleoronc:ei 25' Hin. to Noor Roil
38' Min. to Edge or Rood
ALL LIGHTS TO BE LEO
TO 5. Put 1J.
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BNSF RA!l1YAY CO .
LOCATIONC~,/,u,
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LS:0'/83
M.P. ,,IJ 7']
DOT • ;)..C;/'5359,t;
DIVISION /'oW~#r ,z,'~•r
SUBDIVISION~-51.odJo. ... ,
KANSAS CITY II
NO SCALE
DATE: £
C'ff r.-.
f_j_E_xA_,_lv,_·f_c_-1_]~:,TES
Aivada, CO 8CXX>5
(303)887-3714
(303) 4234949 fax
February 26, 2007
Ladislav Vostry
Traffic Engineer
City of Englewood
I 000 Englewood Parkway
Englewood, CO 80 I I 0
RE: Railroad Preemption Time Calculations
Dartmouth Ave and Tejon St
Dear Ladd,
Attached please find the form used to calculate the preemption time for the railroad crossing
on Dartmouth Ave at Tejon St. The form was obtained from the BNSF Railroad It is a
comprehensive form that was developed by the ·Texas DOT.
The form shows that the minimum time that is required by the Railroad is greater than the
time needed to clear the intersection. The intersection clearance time is determined by the
start up time for a truck. The distance from the stop bar to the railroad track is approximately
the same for all three approaches because of the angle that the track crosses the intersection.
The queue clearance section of the attached form was used to calculate the start up time for a
truck at the intersection.
If you have any questions, feel free to contact me .
Sincerely,
Fred Lantz, P .E.
Version 6 -10-04
Texas Dopartment of Transportation
GUIDE FOR DETERMINING TIME REQUIREMENTS FOR
TRAFFIC SIGNAL PREEMPTION AT HIGHWAY-RAIL GRADE CROSSINGS
City 'E.n:;Jc JAJoc:4, Co
County --------....,....--
District -----------
8
Show North Arrow
Railroad _....;'B~N.....:.5=--c'F ____ _
Crossing DOT# --'Z..=--:4:....>5-..-3:Sc;-..;-....;8=-..:A~--
SECTION 1: RIGHT -OF-WAY TRANSFER TIME CALCULATION
Preempt verification and response time
1 . Preempt delay time (seconds) ........................................................ ..
2 . Controller response time to preempt (seconds) .................................. ..
Date __ z...1./_z.._e,p...!C/_0_1 __ _
C~ J t -~ COmpleted by __ ..,r-'-', •-...;;.:e:t~-'l...a=:c.~~=---
District Approval -----------
Parallel Street Name
Ted~"' SI-
crossing Street Name
rDa,J,.,,oJ-lk Ave.
Railroad Contact Ler.n ,·e:. r:ack Iii'"'
Phone _ __,tq-'--/?,~-.;:;;~..:::~:;;..;/c__-_.tf..;..:...:/:3=-.::S==--
1.[TI
2.~
Remarks
Controller type: £~-o / .'ft:-
3. Preempt verification and response time (seconds): add lines 1 and 2 ......... ............................ 3 ... I __ I_,..;.\__.
Wor&t<ase conflicting vehicle time
-'· Worst-cll$e oonflicting vehicle phase number .. .... .. .. .. .. . .. . ... 4. ~
6. M inimum green lime during right-of-way transfer (seoonds) . .. ... .. .. .... . ... .. 5. I
6 . Other green time during right-of-w ay transfer (seconds) .. .. .. ... . .. ....... .. ... 6. 0
7 . Yellow change lime (seconds) ...... .. . ...... .. .. .. .. . ... ..... .. .. .... .. . .. ......... ... 7 . 4
8 . Red clearance t ime (seconds) ..... ... . ... .. .. .. . .. .. . ... .. . .. . . .. .. .. .. ...... ......... a. /, S
9 . Worst-case conflicting vehicle time (seconds): add lines 5 through B ...... ................. 9.1
Worat-case conflicting pedestrian time
10. Worst-case cxmflicting pedestrian phase number ................ 10, ~
11. Minimum walk t ime during right.of-way transfer (seconds) .................... . 11. 0
12. Pedestrian clearance time during righ t-of-way tranafer (1ec:ond1) ........... . 12. 0
13. Vehicle yellow change time , if not Included on line 12 (seconds) ............ . 13.
14. Vehicle red clearance time , If not incJuded on line 12 (seconds) ............ .. 1(. 1,S
Remarb
'ft! ;o" f 1JJ <+.t'Da).JL
~ G."/'-,Sa MC:. ./-,~
q,51
Remaitta
f}c!.-c "'io t AA-c>t-
1)'""'). f?J,a.,s ~
15. Worst-cue conflicting p destrian lime (second1): add line, 11 through 14 .............. 16.1 5.5 I
Woret~He conftlctin11 vehicle or pedestrian time
18. Worst-cne conflicting vehicle or pedestrian limo (MCOnd1): maximum of lines 9 and 15 ... .. .. .. 11. ! q,5 l
17 . Right-of-way transfer time (Hconda): acid I"" 3 and 1f ............................................................... 11. l /0, (p !
Version 6-10-04
SECTION 2: QUEUE CLEARANCE TIME CALCULATION
I L I
OVCD
,ij CSO MTCD I OVL i·p-------·t,--;:-+it-c,ci-----+1 i I ~ tm::x r;t?~~t ;:, Oeelgn ..ehide
'--------...J:H'('-----------') ! CSO " Cle.Ir lllDRlge dl s:111"°9
g_ MTCD " Minimum trac:I< clearence diSlllnce ?., .. --------~ DVL c Design vehidelength
f j L = Queue start-up dillanoe, also stop.line dislanoe
,_ § OVCD = Design vehlcle c:iea"ar1c:e distance
Remarks
18. Clear storage distance (CSD, feet) ............................... .
19. Minimum track clearance distance (MTCD, feet) .............. .
20. Design vehicle length (DVL, feet) ................................. .
18.[ffl
19. zo , No ~ on 1'<.?d:.-u.scJ...
-1-= ye,i.(=1 ~d: ...>f .f-~,-1c:..
Design vehicle type: W 'B -50 20.
21. Queue start-up distance, L (feel): add line& 18 and 19 ... . .. .. . . .. .. . .. . . . . .. . . . 21. l lO I
Remartcs
22. nme required for design vehicle to start moving (seconds): calculate as 2+(L+20) ..... 22. l 3 !
23. Des ign vehicle clearance distance, DVCD (feet): add lines 19 and 20 ...... 23.1 15 I
.-----. F=,o .... cJ,eu+
24. nme for design vehide to accelerate through the DVCD (seconds)....................... 24. j I J.5 I Ructltom Flgin2 1n 1nsarua1ons.
26. Queue clearance time (sec:onds): add lines 22 and 24 .................................... -.... -.......... 25 . j 14 ,5 I
SECTION 3: MAXIMUM PREEMPTION TIME CALCULATION
26. Right-of-way transfer time (seconds): llne 17 ..................................... ,.
27. Queue clearance~ conds):llna25 .......................................... .
28. Desired mininum separation lime (seconds) .................................... ..
2s.~o.~ )'
27. 4 .5
28 . 4
29. Maximum preemption time (seconds): add linN 28 through 28 .................... " ................. .
Sl:Cl'ION 4 : SUFFICIENT WARNING TIME CHECK
30. Requ ired minimum lime, MT (second&): per regulations . .. .. . . 30 . __ z __ -g--1
31. Clearance time, CT (seconds): get from railroad ................. 31. '--------~
32. Minimum warning time, MWT (seconds): add lines 30 and 31 .................. 32. 20
33. Advance preemption time, APT, If provided (seconds): get from railroad .. 33. ,___C> _ _,
Remarks
t/a QJcuc. efrt:,,IIQ!.. ~
v!.:-lo~ of -f""r.J..r ;,; jf d ,..{-ue f ,,..(!_
29.1 /8,5!
Remarks •.
Excludes buffer time (Bl)
34. Warning time provided by the railroad (seoonds): add lines 32 and 33 .................................... 34. ! 20 !
35 . Additional waming time req uired from rail road (seconds): subtract line 3" from Une 29,
round up to nea nt et full second, ente r O If I•• than O ............................................................................ 35. I O I
If the additional warning time required (line 35) is greater than zero , additional warning time has to be requested from the railroad.
Altemauvety , the maximum preel1l)tion time (line 29) may be decreased after perfonning an engineering study to Investigate the
possibility of reducing the valuea on lines 1, 5, 6 , 7, 8, 11 , 12, 13 and 14.
Remarks : -----------------------------------------
p 2 . .
i
.
I
i
I
:
'
i
' I
'
I
I
SECTION 5: TRACK CLEARANCE GREEN TIME CALCULATION (OPTIONAL)
Preempt Trap Check
36. Advance preemption time (APT) provided (seconds): . .. ... ... . . 38. Line 33 only valid If line 35 is zero.
37. Multiplier for maximum AFT due to train handling ................ 37. See lnttNCtion,rordelalls.
38. Maximum APT (seconds): multiply line 36 and 37 .. . ... .. . ... . .. .. .. .. .. .. .. ... . 38, Remarks
-
Versi on 6-10-04
39 . Minimum duration for the track clearance green interval (seconds) .......... 39. For zero advance preemption time
40. Gates down after &tart of preemption (seconds): add lines 38 and 39 ...................... 40. I._ __ __,
41. Preempt verification and response time (seconds): line 3 ...................... 41 , ~
42. Best-case conflicting vehicle or pedestrian time (seconds): usually 0 ...... .. 42. ~
Remarks
43. Minimum right-of-way transfer time (seconds): add lines 41 and 42 ......................... 43 . ._! __ __,
44. Minimum track clearance green time (seconds): subtract line 43from line40 ........................... 44. !L-----'
Clearing of cie.r Storage Distance
45. Time required for design vehicJe to start moving (seconds). line 22 ......................... 45. r...l __ __,
46. Remarks
47.
Design vehide clearance distance (DVCD , feet), line 23 ...... 46. ~
Portion of CSD to clear during track clearance phase (feet) . . . 47. ~ cso• in Figure 3 in Instructions.
4B . Design vehide relocation distance (DVRO, feet): add fines 46 and 47 .. .. .. -48.! ._ __ __,
49. Time required for design vehicle to accelerate through DVRD (seconds) .................. 49. 1..l __ __,j ReadffOffl Figure 2 in in111Nc11orw .
60. Time to clear portion of clear storage distance (seoonds): add lines 45 and 49 ......................... so.!._ ___ _.
61. Track clearance grHn Interval. (aeconds): mulmum of lines 44 and 50, round up to nearest full ncond •••• 51 •• I ___ ...
SECTION 6: VEHICLE-GATE INTERACTION CHECK(OPTIONAL) ~ .
52. Right-of-way transfertine (seconds): line 17 ...................................................... 52. § .
53. Time required for design vehicle to start moving (seconds), line 22 .. .. .. .. . .... .. .. ...... n.
54. Time required for design vehicle to accelerate through DVL (on line 20, seconds) ...... 64 . R-' flom Table 3 in llllltudlona.
55. Time required for design vehicle to clear descending gate (seconds): add lines 52 though 54 ... . . 55. L.j ___ ....
Remarb
66. Duration of ftB1hing lights before gate deacent start (seconds): get from railroad . .. . .. . 58.! ._ __ __,,
Remarks
57 . Full gate descent time (seconds): gal from rallroad ... ......... .. . . .. .. .... .. .. .. 67, ~
58. Proportion of non-interaction gate descent time ... .. .. .. .. .. .. .. . .. . .... .. ... . .. .. 58 . ~ RNd flom flGura 6 In Nll\lc:flaM.
69. Non-I nteraction gate descent time (seconds): multiply llnea 57 and 58 ..................... 51 . ._! __ --'
60. Tima ava able for design vehicle to clear d soendlng gate (1aconde): add Mnn 56 and 59 .. . . .. . so . ._! __ __.
61 . Advane ptNmptlon tima (APT) Nqulred to avokf dHlgn vehlcle-gall l..,.ctlon (aeconds):
1ublraet ne IO from line 8S , round up to nearest full NOOnd, enltr O tf 1han O .................................. t1 . ._ __ _
Ex/,/6,·f J7
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Engineering Branch
4201 'East Arkansas Avenue .1:P 700
Denver, Colorado 80222
(303) 512-5100 Voice
(303) 757-9219 Fax
xxxxxxxx
xxxxxxx, 2005
Manager, Industry and Public Projects
XXXXX Railroad
XXXXXX Avenue
Denver, CO 80221
RE: Preliminary Engineering Authorizations
Dear Mr. XXXXXXX:
This letter is the State's authorization to the x.xx .to perform
the preliminary engineering services required for CDOT railroad-
highway crossing projects:
xxxxxxxxxxxxxxxxxxxxxx
Subject to the following conditions:
a. The authorization is for the maximum amount of $6,136 .00
and only for engineering services after the date of this notice .
Services performed prior to the date of this notice are not
reimburs able by the State; and .
b . The ma x imum amount s hall not be exceeded wi t h o u t f irs t
obtaining further auth oriz a tion, in writin g , from the State. The
authorization amount in the above paragraph a. shall be included
in the Railroad's written cost estimate for the project.
Under section 7 -101.06 of the State's Procurement Code, lCCR
101.9 (4/87), the preliminary engineering that is an essential
"pre -contract cost" can be authorized prior to the execution to
the contract for the project, but only if the contract is subject
to the stated conditions below .
P g-1 o 2
Colorado Department of Transportation Transportation Safety and Traffic Engineering Branch
Preliminary engineering shall mean the work necessary to
produce construction plans, specifications, and estimates to the
d e gree of completeness required for undertaking construction
thereunder, including locating, surveying, designing, and related
work .
An itemized estimate that is developed as a result of
preliminary engineering services shall take into account the
value of all existing material that can be salvaged and/or
scrapped. If there is no salvageable and/or scrapped material
that has value, the estimate shall so state. The State shall
have a reasonable opportunity to inspect the salvaged and/or
scrapped material.
The State considers the preliminary ·engineering to be an
essential pre-contract cost under section 7-101 .06, State
Procurement Code, since the cost is incurred directly pursuant to
and in anticipation of the award of the proposed contract. If
the preliminary engineering is performed now the public will
benefit when the improvements have been made.
This authorization is pursuant to 23 CPR 646, Subpart B.
Further, eligible costs include only those actual incurred costs,
as provided in 23 CFR 140, Subpart I .
This authorization is for preliminary engineering only and is
not for the actual performance of the project installation work.
If you have a n y qu e stions , please contact Hayne Hutchinson at
3 03 -75 7 -9 2 68 .
cc: F i l e
Sincere l y,
Gabriela C. Vidal , P.E.
Branch Manager
--··"'· ··--I
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I
EXHIBITE
I LATE-FILED EXHIBIT
l
:
I
I
SAMPLE FUNDING LETTER
Exhibit __ _
Date: --------~---State Fiscal Year: ______ _
TO: (contractor's name here)
SUBJECT: Funding Letter No. __ _
In accordance with Paragraph of contract routing number _____ , between the State
of Colorado Department of or Higher Ed Institution (agency name) (division) and (contract-or's
name) covering the period of (contract start date) through (contract end date), the
undersigned commits the following funds to the contract:
The amount of funds available and specified in Paragraph __ is (increased/decreased) by (!
amount of change) to a new total funds available of ($--1 to satisfy orders under the contract.
Paragraph __ Is hereby modified according·ly.
This funding letter does not constitute an order for services under this contract.
This funding letter is effective upon approval by the State Controller or such assistant as he may
designate .
• .• 1 PROVALS:
State of Colorado:
BIii Owens, Governor
By: Date: ----------
For the Executive Director/College President
Colorado Department of or Higher Ed institution ---------
By:------------Date: -=-----------For (Division)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
:RS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
1alid until the State Controller, or such assistant as he may delegate, has signed It. The
:ontractor is not authorized to begin performance until the contract is signed and dated below . If
>erformance begins prior to the date below, the State of Colorado may not be obligated to pay
·or goods and/or services provided.
State Controller
Arthur L. Barnhart
By :---------------
Date: -----------------
10 .2
EXHIBIT&'~
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the
Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest,
agree as follows :
A . Compliance with Regulations. The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as
the "Regulations"), which are herein incorporated by reference and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award
and prior to completion of the contract work, will not dlscriminate on the ground ofrace, color, sex,
mental or physical handicap or national origin in the selection and retention of Subcontractors,
including procurement of materials and leases of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix C of the Regulations .
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this
contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or
physical handicap or national origin.
D . Information and Reports . The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records , accounts, other sources of information, and its facilities as may be determined by the
State or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or
the FHW A as appropriate, and shall set forth what efforts have been made to obtain the information.
E . Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the
FHWA may determine to be appropriate, including, but not limited .to :
(I) Withholding of payments to the Contractor under the contract until th e ontractor
omplies , and/or;
(2) ancellation, termination or suspension of the contract, in whole or in part .
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F. Incoq>0ration of Provisions. The Contractor will include the provisions of Paragraphs A
through F in every subcontract, including procurement of materials and leases of equipment, unless
exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take
such action with respect to any subcontract or procurement as the State or the FHW A may direct as a
means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in
the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or
supplier as a result of such direction, the Contractor may request the State to enter into such litigation
to protect the interests of the State and, in addition, the Contractor may request the FHW A to enter into
such litigation to protect the interests of the United States.
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 16, 2007 9 a i IGA to upgrade the railroad crossing warning
circuitry at the Dartmouth and Tejon Intersection
Initiated By: Staff Source:
Public Works Department Rick Kahm , Director Of Public Works
Ladd Vostry, Traffic Engineer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action. Staff discussed this Intergovernmental Agreement
(IGA) with City Council at the April 9th Study Session .
RECOMMENDED ACTION
Staff seeks Council approval of a Bill for an Ordinance to enter into an Intergovernmental
Agreement (I GA) pertaining to the Colorado Department of Transportation 's (C OOT) hazard
elimination project no. SRP M395-0l 4, 15983 ; Interconnect pre-emption circuitry at the Dartmouth
and Tejon signalized intersection.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Federal funds, administered through COOT, are being made available for the elimination of hazards
at certain highway/railroad grade crossings. In 2004, staff applied for Federal Rail -Highway Crossing
Safety Improvement Project funds (FY2006 through FY2008) for a safety project to install
interconnect railroad pre-emption circuitry at the Dartmouth and Tejon signalized intersection. This
project was selected by COOT for Federal funding in FY2007 . COOT applied, on behalf of the City
of Englewood, for a Public Utilities Commission (PUC) order for the interconnect pre-emption
circuitry improvement. The PUC granted the application with expected commencement of
crossing operations by the end of 2007.
The project will greatly enhance safety of the intersection. The railroad pre-emption devices will
detect oncoming trains and activate the traffic signal pre-emption feature. The traffic signal will then
display red indications in all tra ve l directions for the duration of railroad pre-emption.
FINANCIAL IMPACT
Project costs for crossing protection devices are $88,233; 100% of this amount is eligible for
Fed ral funding. There are no local matching funds required for this project. The City of
Engl \ ood will participate only with incidental expenses , such as labor cos ts , relating to minor
ignal modifications in connection with installation of the pre-emption circuitry.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
Contract for upgrading highway/railroad grade crossing warning devices
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 16, 2007 9ci Approval for Purchase of Motor Grader
Initiated By: Staff Source:
Department of Public Works Rick Kahm, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved the purchase of one Motor Grader in the 2007 Capital Equipment
Replacement Fund (CERF).
RECOMMENDED ACTION
Recommendation by the Public Works Department to approve, by Motion, the purchase of one
Volvo G930, 33,000 pound Motor Grader. Staff recommends awarding the contract to the lowest
qualified bidder, Power Equipment Company, in the amount of $148,724.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Public Works Department currently has three motor graders. The existing 1992 Champion
Motor Grader, Unit No. 3184, has been in service for 15 years, three years beyond the normal
replacement schedule of 12 years; it is included for replacement in the 2007 CERF.
FINANCIAL IMPACT
Five bids for this piece of equipment were received. This grader can be purchased for a total cost
of $148,724 from the low bidder, Power Equipment Company.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Summary Specification Sheet
of Englewood Bid Tabulation Sheet
Opening: 311II0711:00 a.m.
ITEII: IFB-07-107 33.000 Pound Motor Grader
,_
v..., 1Gt, IIOIDr Grader llllnual
Ellln ~ . .~Co
Tllfflie303-3841-1 S 152.725.00 S 119.00
1IOOO E 22nd lwe
Aunn. CO 80011
P'Nlt ... Co
Mac 303-J8l5 8IOO 1 S 178,172 .00 • .
5000""---= ·-,._
OelMr, 00 lm18 .. Co
Pll~73N014 1 $ 1•.111.00 • -
POb 11'120
---COI0217
P'Nlt~ Co ,.. .. _ ... ..,, 1 S 141,308 .00 s 13.00
POb21 =--. (X) ID201 ...... = . Co
...., 3GS-217-750I 1 $ 173,317.00 • -
5055E72ndAW
eon, .... e11v, co 80022
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Shop ...... Operator ...... Manual(3) Tola1Bld ERtpflonl:
S451.00 • N.00 • 113,311.00 C... lloclll lllVHP
See bid clocurMn\l
S252.00 • 1IO.OO • 171,1114.00 Kollallo GD UN
See bid dacunenll
$285.00 • . • •.on.oo ... llodll 140H
See bid documenla
S 158.00 • 111.00 s 141.724.00 VohoGl30
See bid docuMra
$431.00 • 120.00 • 173,171.00 DNre llodll 7700
See bid doalmenla
• .
• -
STATE AWARD
SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
YES
IF YES , AWARD# ____________ _
MANUFACTURER OF VEHICLE -~........=o ...... l-=u ...... o"---_____ _
MODEL OF VEHICLE --=6c.--_q.:.....;:3 ..... 0 ________ _
AIR CONDITIONING
AUTOMATIC TRANSMISSION
POWER WINDOWS
POWER DOOR LOCKS
4 WHEEL DRIVE
ALTERNATIVE FUEL OPTION
C E R F REPLACEMENT
NEW ADDITION TO FLEET
DEPARTMENT VEHICLE ASSIGNED TO
COMMENTS :
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YES
YES
YES
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ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCil.., Bll.,L NO. 26
INTRODUCED BY COUNCil..,
MEMBER~~~~~~
ABil..,LFOR
AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN
XCEL ENERGY AND TIIE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council authorized a capital appropriation of $44,000 in the
2004 Budget for acquisition of the property located at 21 SO South Wyandot Street from Xcel
Energy; and
WHEREAS, the appropriation was to acquire this property consisting of approximately 1 acre,
for parking required for the future development on a new animal shelter by the Colorado Humane
Society (CHS) on adjacent property, owned by CHS; and
WHEREAS, the passage of this proposed ordinance authorizes the acquisition of the property
from Xcel Energy and will provide parking for the new Colorado Humane Society (CHS) new
animal shelter;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCil.., OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The "Purchase And Sale Agreement" between Excel Energy and the City of
Englewood, Colorado, attached as "Attachment I", is hereby accepted and approved by the
Englewood City Council.
Section 2. Pursuant to Article V, Section 40 of the Englewood Home Rule Charter, the City
Council has determined that this Ordinance shall be published by title because of its volume. A
copy is available in the Office of the Englewood City Clerk.
Section 3. The Mayor is authorized to execute and the City Clerk to attest and seal the Purchase
And Sale Agreement for and on behalf of the Ci ty of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 16th day of April, 2007 .
Published as a Bill for an Ordinance on the 20th day of April, 2007 .
Olga Wolosyn, Mayor
ATTEST:
(
PURCHASE AND SALE AGREEMENT
TIDS PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the Effective
Date, as defined below, by and between PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado corporation ("Seller"), and CITY OF ENGLEWOOD, a Home Rule municipal corporation
("Purchaser").
Purchaser desires to purchase certain property owned by Seller, and Seller desires to sell such
property to Purchaser pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby aclmowledged, Seller and Purchaser agree as follows:
Article 1. Definitions.
TI1e following terms shall have the meanings set forth below:
1.1 Agreement. This Agreement, including the following exhibits attached hereto and
hereby made a part hereof:
Exhibit A:
Exhibit B:
Exhibit C:
ExhibitD:
Legal Description of the Property
Property Access Agreement
Form of Special Warranty Deed
Title Company Receipt and Aclmowledgment
1.2 Closing . Concurrently, the transfer of title to the Property to Purchaser, the payment to
Seller of the Purchase Price, and the performance by each party of the other obligations on its part then to
be perfom1ed, all in accordance with the article entitled "Closing".
1.3 Closing Date. The Closing shall occur on the first business day which is ten (10)
business days after the Indenture Release at the offices of Title Company or at such other place, date and
time as Seller and Purchaser may agree .
1.4 Commitment. The title insurance commitment with respect to the Property described in
Section entitled "Title Evidence".
1.5 Earnest Money. The earnest money deposit, together with any interest earned thereon,
made by Purchaser and held by Title Company described in the Article entitled "Purchase Price".
1.6 Effective Date. The date on which both parties have executed a counterpart of this
Agreement, the Earnest Money has been deposited with the Title Company, and the Title Company has
acknowledged receipt of a copy of the fully executed Agreement and the Earnest Money, in the form
attached hereto as Exhibit D .
I . 7 Feasibility Period . The time period commencing on the Effective Date and ending thirty
(3 0) day s after the Effective Date .
1.8 Property . The real property located generally at 2150 W . Union Ave., Englewood,
Arapahoe ounty, Colorado, described on Exhibit A attached hereto .
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ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER ------
ABILLFOR
AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN
XCEL ENERGY AND THE CITY OF ENGLEWOOD, COWRADO.
WHEREAS, the Englewood City Council authorized a capital appropriation of $44,000 in the
2004 Budget for acquisition of the property located at 2150 South Wyandot Street from Xcel
Energy; and
WHEREAS, the appropriation was to acquire this property consisting of approximately 1 acre,
for parking required for the future development on a new animal shelter by the Colorado Humane
Society (CHS) on adjacent property, owned by CHS; and
WHEREAS, the passage of this proposed ordinance authorizes the acquisition of the property
from Xcel Energy and will provide parking for the new Colorado Humane Society (CHS) new
animal shelter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The "Purchase And Sale Agreement" between Excel Energy and the City of
Englewood, Colorado, attached as "Attachment l", is hereby accepted and approved by the
Englewood City Council.
Section 2 . Pursuant to Article V, Section 40 of the Englewood Home Rule Charter, the City
Council has determined that this Ordinance shall be published by title because of its volume. A
copy is available in the Office of the Englewood City Clerk.
Section 3. The Mayor is authorized to execute and the City Clerk to attest and seal the Purchase
And Sale Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 16th day of April, 2007 .
Published as a Bill for an Ordinance on the 20th day of April, 2007 .
Olga Wolosyn, Mayor
ATTEST:
Loucri hia A. Ellis, City Clerk
.,
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foreaoina is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first readina on the 16th day of April, 2007 .
Loucrishia A. Ellis
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PURCHASE AND SALE AGREEMENT
TIIlS PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the Effective
Date, as defined below, by and between PUBLIC SERVICE COMPANY OF COLORADO, a
Colorado corporation ("Seller"), and CITY OF ENGLEWOOD, a Home Rule municipal corporation
("Purchaser").
Purchaser desires to purchase certain property owned by Seller, and Seller desires to sell such
property to Purchaser pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby aclmowledged, Seller and Purchaser agree as follows:
Article 1. Definitions .
The following terms shall have the meanings set fmih below:
1.1 Agreement. This Agreement, including the following exhibits attached hereto and
hereby made a part hereof:
Exhibit A:
Exhibit B:
Exhibit C:
ExhibitD:
Legal Description of the Property
Property Access Agreement
Form of Special Warranty Deed
Title Company Receipt and Aclrnowledgment
1.2 Closing. Concurrently, the transfer of title to the Property to Purchaser, the payment to
· Seller of the Purchase Price, and the performance by each party of the other obligations on its part then to
be perfom1ed, all in accordance with the article entitled "Closing".
1.3 Closing Date. The Closing shall occur on the first business day which is ten (10)
business days after the Indenture Release at the offices of Title Company or at such other place , date and
time as Seller and Purchaser may agree .
1.4 Commitment. The title insurance commitment with respect to the Property de scribed in
Section entitled "Title Evidence".
1.5 Earnest Money. The earnest money deposit, together with any interest earned thereon,
made by Purchaser and held by Title Company described in the Article entitled "Purchase Price".
1.6 Effective Date. The date on which both parties have executed a counterpart of tl1is
Agreement, the Earnest Money has been deposited with the Title Company, and the Title Company has
acknowledged receipt of a copy of the fully executed Agreement and the Earnest Money, in the form
attached hereto as Exhibit D .
1. 7 Feasibility Period. The time period commencing on the Effective Date and ending thirty
(30) days after the Effective Date .
1.8 Property . The real property located generally t 2150 W . Union Ave ., Englewood,
Arapahoe ounty, Colorado, described on Exhibit A tt ched hereto .
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1.9 Permitted Exceptions. Those matters approved by Purchaser in accordance with the
Article entitled "Title Examination".
1.1 O Purchase Price . The Purchase Price shall be Forty-four Thousand US Dollars and 110/100
(US $44,000 .00).
1.11 Survey. The survey of the Property described in the Section entitled "Title Evidence".
I .12 Title Company. Stewart Title of Denver, 50 S. Steele Street, Suite 600, Denver,
Colorado 80209.
1.13 Title Evidence . The survey and the title commitment and copies of exceptions with
respect to the Property described in Section entitled "Title Evidence".
1.14 Title Policy. The ALT A Owner's Policy of Title Insurance to be issued pursuant to the
Title Conuuitment.
Article 2. Purchase and Sale.
Seller hereby agrees to sel1, and Purchaser hereby agrees to purchase, upon and subject to the
terms and conditions hereinafter set fotih, the Property.
Article 3. Purchase Price.
3 .1 Manner of Payment. The Purchase Price shall be payable as follows :
3.1.1 Ten Thousand Dollars and no/100 ($10,000.00) as Earnest Money, to be
deposited by Purchaser in escrow with Title Company upon mutual execution and delivery of this
Agreement to Title Company, held and disbursed pursuant to the terms of this Agreement. The Earnest
Money shall be non-refundable to Purchaser upon expiration of the Feasibility Period, except as provided
in Articles entitled "Correction of Title", "Feasibility Period", "Condemnation", "Indenture Release",
and "Default". The Earnest Money shall be paid by the Title Company to Seller at Closing, or upon any
termination of this Agreement, except as expressly provided herein . The Earnest Money will be credited
against the Purchase Price at Closing. Purchaser aclmowledges that the non-refundable character of the
Earnest Money is to compensate Seller for its costs incmTed in connection with this Agreement and its
lost opportunity costs in taking the Property off the market.
Subject to Purchaser's right to terminate this Agreement as provided in the
Articles entitled "Correction of Title", "Feasibility Period", "Condemnation", and "Default", in the event
Purchaser fails to perform its obligations pursuant to this Agreement, Seller shall be entitled to terminate
this Agreement and recover the Eamest Money as liquidated damages and not as penalty, in full
satisfaction of claims against Purchaser hereunder and as Seller's sole and exclu sive remedy for such
failure . Seller and Purchaser agree that the Seller's damages resulting from Purchaser's default are
difficult, if not impossible, to detem1ine and the Earnest Money is a fair and reasonable estimate of tho se
damages which has been agreed to in an effort to cause the amount of sai d damages to be certain.
Accordingly, Purchaser an d Seller agree that it would be reasonable in such event to award Seller
"liquidated damages" equal to the amount of the Earnest Money.
3 .1.2 The balance of the Purchase Price by ca bier's check or federal wire transfer of
immediately available funds on the Closing Date.
2
Article 4. Closing.
4 .1 SeJler's Closing Deliveries. At Closing, subject to delivery by Purchaser of the Purchase
Price and perfom1ance of its other obligations under this Agreement, Seller shall execute, acknowledge
(where appropriate), and deliver to Purchaser the foJlowing , each dated as of the C lo s ing Date:
4 .1.1 A Special Warranty Deed conveying to Purchaser the Property, subj ec t to
Permitted Exceptions (the "Deed") substantially in the form attached hereto as Exhibit C reserving unto
Seller the Reserved Interest.
4 .1.2 An affidavit of Seller regarding liens, judgments, tax lien s, bankruptcies, parties
in possession, mechanics' or materialmens' liens and other matters affecting title to the Property in
customary form as may be reasonably required by Title Company to delete the so-called "s tandard
exceptions" from the Title Policy.
4 .1.3 All reasonable and customary documents and instruments which (a) Purchaser or
Title Company may reasonably determine are necessary to transfer the Property to Purchaser subject only
to the Permitted Exceptions, (b) Purchaser or Title Company may reasonably determine are necessary to
evidence the authority of Seller to enter into and perform this Agreement and the documents and
instruments required to be executed and delivered by Seller pursuant to this Agreement, (c) Title
Company may require as a condition to issuing the Title Policy or (d) may be required of Seller under
applicable law.
4.1.4 A settlement statement consistent with this Agreement.
4.2 Purchaser's Closing Deliveries . At Clo sing, Purchaser shall cause the following to be
delivered to Seller:
4 .2 .1 The Purchase Price less the Earnest Mone y , as adjusted pursuant to Section
entitled "Closing Adjustments", by cashier's check or by federa l wire transfer of immediately available
funds. The Earnest Money shall be applied to and credited against the Purchase Price and shall be
disbursed to Seller by Title Company at Closing .
4.2 .2 All norn1al and customary documents and instruments, each executed and
acknowledged (where appropriate) by Purchaser, which (a) Seller or Title Company may reasonably
determine are necessary to evidence the authority of Purchaser to enter into and perform this Agreement
and the documents and instruments required to be executed and delivered by Purchaser pursuant to this
Agreement, or (b) may be required of Purchaser under applicable Jaw .
4.2.3 A settlement statement consistent with this Agreement executed by Purchaser.
4.3 Closing Escrow. Purchaser and/or Seller at their option may deposit the respective
C losing deliveries described in the Sections entitled "Seller's Closing Deliveries" and "Purchaser's
Clos ing Deliveries" with Title Company with appr priate instructions for recording and disbursement
co nsistent with this Agreement.
4.4 Closing Adjustments. The following adjustments shall be made at Closing:
4.4. l Seller represents that it is unit assessed and that real property taxes for the
Property cannot be prorated. Seller shall pay when due all real property taxes for the Property imposed
for the period up to and including the date of Closing, and Purchaser shall be responsible for any real
property taxes for the Property imposed after Closing. In the event Purchaser receives a tax bill for the
Property for some or all taxes due from Seller pursuant to this Agreement, Seller shall remit the full
amount of taxes due to Purchaser within twenty (20) days following its receipt of the tax bill. In the
event Seller receives a tax bill for the Property for some or all taxes due from Purchaser pursuant to this
Agreement, Purchaser shall remit the full amount of taxes due to Seller within twenty (20) days
following its receipt of the tax bill .
4.4.2 Seller shall pay in full all special assessments which are due and payable prior to
the Closing. Any other special assessments (and charges in the nature of or in lieu of such assessments)
levied, pending or constituting a lien with respect to any of the Property of which Seller has received
written notice prior to the Closing Date shall be prorated as of the Closing Date, with Seller paying those
allocable to the pe1iod prior to the Closing Date and Purchaser being responsible for those allocable
subsequent thereto.
4.4.3 Purchaser shall pay the documentary fee required m connection with the
recording of the Deed.
4.4.4 Seller shall pay the cost of recording any documents necessary to place record
title to the Property in Seller in the condition required pursuant to the Section entitled "C01Tection of
Title". Purchaser will pay the cost ofrecording all other documents, including the Deed.
4.4 .5 Seller will pay the premium for the Title Policy. Purchaser will pay the cost of
any lender's title insurance, any charge for the deletion of pre-printed exceptions, and any endorsements
desired by Purchaser or required by its lender.
4.4 .6 Seller and Purchaser shall each pay one half (1/2) of any escrow fee and/or
Closing fee payable to Title Company with respect to the transaction contemplated by this Agreement.
4.4.7 Except as provided in the Article entitled "Default", Seller and Purchaser shall
eac h pay its own attorneys' fees incurred in connection with this transaction.
4.5 Possession. Seller shall deliver possession of the Property to Purchaser on the Closing
Date, subject to the Permitted Exceptions.
Article 5. Title Examination .
5 .1 Title Evidence.
5 .1.1 Within ten (10) business days after the Effective Date, Seller, at its sole cost,
shall furnish to Purchaser a commitment to insure title to the Property issued by Title Company in an
amount equal to the Purchase Price and copies of all documents, instruments and matters shown as
exceptions which are recorded in the office of the clerk and recorder of the county in which the Property
is located .
4
5 .1 .2 Purchaser ac!rnowledges receipt of a current survey of the Property, prepared and
certified by Sellards & Grigg, Inc. dated April 2004 and revised May 10, 2006. The survey shall be in
compliance with state regulations CRS 38-51-106 .
5.2 Purchaser's Objections and Requirements. Purchaser shall be allowed thirty (30) days
after the Effective Date for examination thereof and making any objections to the fonn and/or content of
the same. Any objections not made within said thirty (30) day period shall be deemed to be waived by
Purchaser and shall be Permitted Exceptions. Purchaser shall have an additional five (5) day period after
receipt in which to object to any revisions or endorsements to the Title Evidence as may be issued from
time to time.
5 .3 Correction of Title. Seller shall be allowed until the date that is five (5) business days
before the expiration of the end of the Feasibility Period to cure Purchaser's title objections and any tax
lien which will not be prorated at Closing, but will be under no obligation to do so . If such cure is not
completed prior to the end of the Feasibility Period, Purchaser shall have the option to do any of the
following:
5 .3 .1 Terminate this Agreement by giving written notice on or before the last day of
the Feasibility Period, whereupon both parties shall be released from all liabilities and obligations
hereunder, except those which expressly survive termination, and the Earnest Money will be returned to
Purchaser.
. 5 .3 .2 Waive its objection(s) in wntmg and shall be deemed by Purchaser to be
Pern1itted Exceptions and proceed to Closing . If Purchaser does not timely give notice to terminate as
provided in Section 5.3 .1 above, it will be deemed to have waived its objections .
Article 6 . Representations and Warranties .
6.1 Seller's Representations and Warranties. Seller represents and warrants to Purchaser as
of the Effective Date of this Agreement as follows:
6.1.1 Seller has been duly organized under the laws of the State of Colorado and has
the requisite power and authority to enter into and perforn1 this Agreement and the documents and
instruments requ ired to b e executed and delivered by Seller pursuant hereto. This Agreement has been
duly executed and delivered by Seller and is a valid and binding obligation of Seller enforceable in
accordance with its terms. This Agreement and the documents and instruments required to be executed
and delivered by Seller pursuant hereto have each been (or prior to the Closing date will be) duly
authorized by all necessary corporate action on the part of Seller and that such execution, delivery and
performance does and will not conflict with or result in a violation of Seller's articles of incorporation or
by-Jaws or any judgment, order or decree of any court or arbiter to which Seller is a party, or any
agreement to which Seller and/or any of the Property is bound or subject.
6.1 .2 Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed
any involuntary petition in banlcruptcy or suffered the filing of any involuntary petition by Seller's
creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of
Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's
assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of
se ttlement, extension or composition to its creditors generally.
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6.1 .3 Seller has not entered into any contracts for the sale of any of the Property other
than this Agreen1ent nor granted any options or rights of first refusal to any party with respect to the
Property.
6.1.4 There is no pending, or to the best of Seller's knowledge, threatened or
contemplated, litigation, investigation, arbitration, condenmation or other proceedings of any kind
affecting the Property.
6.1.5 There are no leases, non-governmental licenses, occupancy agreements, service
contracts or other contracts with third parties relating to the Property , to which Seller is a party or of
which Seller has lmowledge, that will survive the Closing .
6.1.6 To Seller's current actual lmowledge, without investigation, there is no condition
existing with respect to the Property or the operation thereof by Seller, or any part thereof, which violates
any law, rule, regulation, ordinance, code, other decree or ruling of any city, county, state or federal
government, agency or court. Seller has not received notice from any governmental or quasi-
governmental agency requiring the c01,-ection of any condition with respect to the Property, or any part
thereof. Se11er has not received notice of, and has no other lrnowledge or information of, any pending or
contemplated litigation or condemnation action with respect to the Property, or any part thereof.
Notwithstanding the foregoing provisions of this Section entitled "Seller's Representations and
Wan-anties", Seller will not be deemed to be in breach of this Agreement with respect to facts or
conditions which are the subject of the foregoing representations which are disclosed by Seller to
Purchaser or otherwise discovered by Purchaser prior to the expiration of the Feasibility Period . Fmiher,
notwithstanding anything to the contrary herein, the liability of Se1ler hereunder, if any, shall be limited
to the Purchase Price of the Property . Subject to the foregoing, Seller's representations and warranties
shall survive Closing, provided Se11er shall have no liability with respect to any breach of a particular
representation and wa1i-anty if Purchaser shall fail to give notice to Seller within a reasonable time after
discovery and to conunence an action against Seller with respect to the breach in question within twelve
(12) months after Closing. Wherever herein a representation is made based upon the lrnowledge of, or
notice to, Seller, such lmowledge or notice is limited to the actual lmowledge of or notice received by
Gina Bulloch, provided nothing in this Agreement will be deemed to be a representation made by Gina
Bulloch other than in her representative capacity, and Purchaser releases Gina Bulloch from any and all
personal liability arising out of this Agreement or the representations made herein.
6.2 Purchaser 's Representations and Warranties. Purchaser represents and warrants to Seller
as of the Effective Date of thi s Agre ement as follows : ,.,
6.2.1 Purchaser has been duly organized under the laws of th e State of Colorado, and
has the requisite power and authority to enter into and perfom1 this Agreement and the documents and
instrnments required to be executed and delivered by Purchaser pursuant hereto. This Agreement has
been duly executed and delivered by Purchaser and is a valid and binding obligation of Purchaser
enforceable in accordance with its terms. T his Agreement and the documents and instruments required
to be executed and delivered by Purchaser pursuant h ereto have each b een du ly authorized by all
necessary corporate action on the part of Purchaser an d that such execution, d elivery an d performance
does and will not conflict with or result in a violation of P urchaser's articles of incorporation or by-laws
or any judgment, order or decree of any court or arbiter to which Purchaser is a party, or any agreement
to which Purchaser and/or any of the Property is bound or subject.
6.2 .2 Purchaser has not (i) made a general assignment for the benefit of creditors, (ii)
filed any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by
Pm ha r's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially
6
all of Purchaser's assets, (iv) suffered the attachment or other judicial seizure of a11, or substantia11y all,
of Purchaser 's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made
an offer of settlement, extension or composition to its creditors genera11y.
The foregoing representations and wa1Tanties are express representations and wa1Tanties which Se11er
sha11 be entitled to rely on regardless of any investigation or inquiry made by, or any lmowledge of,
Seller . Consummation of this Agreement by Seller with knowledge of any such breach shall not
constitute a waiver or release by Seller of any claims arising out of or in connection with such breach.
Subject to the foregoing, Purchaser's representations and warranties shall survive Closing.
Article 7 . Feasibility Period.
7 .1 During the Feasibility Period, Purchaser may investigate the Property and all matters
relevant to its acquisition, development, usage, operation and marketability, and any and all permits and
approvals necessary for Purchaser's usage. Such investigations shall be conducted at Purchaser's sole
expense and may include, without limitation, studies or inspections (including environmental
inspections) of the Property. Any environmental or other physical inspection of the Property shall occur
pursuant to the tem1s and conditions of the Property Access Agreement, attached hereto as Exhibit B.
Subject to the terms of this Agreement and the Property Access Agreement, Seller shall reasonably
cooperate with Purchaser's inspections during the Feasibility Period. Purchaser shall deliver copies of
any reports or results of any tests regarding the Property within five (5) days of receipt by Purchaser.
7 .2 Seller , without additional cost to Purchaser, shall provide Purchaser access to copies of all
surveys, engineering studies, feasibility studies , soil and water test results , environmental studies or
reports, maps, plats, contracts , documents, agreements , pemnts, licenses, reports and data pertaining to or
affecting the Property which are in the possession or control of Seller, if any . These documents shall be
made available to Purchaser on or before ten (10) business days after the Effective Date. fu the event of
tem1ination of this Agreement for any reason after the Effective Date, Purchaser, without additional cost
to Seller, shall promptly return to Seller all copies of the above listed materials pertaining to the Property
which are in the Purchaser's possession or under Purchaser's control. Purchaser shall keep all such
materials confidential and sha11 not disclose such information or documents to any third party without the
prior written consent of Seller, except to lenders, attorneys and consultants to the extent necessary to
complete Purcha ser 's investigation and perform its obligations hereunder, and subject to such third
p arty 's agreeme11t to ma intain the infom1ation as confidential. Confidential infom1ation shall be
disseminate d within th e Pu rc has er's org anization and within third party organi zation s on a "need to
know" basis only. The Purchaser will kee p this inform ation confi denti al unless d isclosure is required by
law or court order and agrees to notify Seller of Purchaser's intent to disclose pursuant to such law or
court order five (5) business days prior to such disclosure .
7 .3 Seller does not warrant the accuracy of any record, document or information made
available to Purchaser or any of the records or documents. Statements of fact or opi nion contained in any
record, documents or information ma de available to Purchaser shall not be deeme d to be a representation
or warranty hereunder. The records, documents or infomution made availab l e to P urchaser are being
provided to Purchaser for infotmational purposes only and shall be read in the context that they were
prepar d by Se11er or Seller's consultants for intercompany use without expectation that such documents
would be dis eminated to third parties in connection with this transaction . Further, it is agreed that
Purcha er is responsible for its own due diligence despite receiving information and documentation
r lating to the Property from Seller. Purchaser agrees that Purchaser may independently verify uch
infonn n pro ided by eller and Purcha er relea es Seller from any and all liability, dama es nd
c l im led with Purchaser's reliance thereon . The Seller gree that it will not purpo efully
7
forward any documentation or information to the Purchaser which to the best of Seller's knowledge,
without duty to inquire further, is false.
7.4 Purchaser may tenninate this Agreement by delivering written notice thereof to Seller on
or before the expiration of the Feasibility Period, whereupon the Earnest Money will be returned to the
Purchaser and both parties shall be relieved of all liability, except for those matters which are expressly
provided to survive termination of this Agreement. If said written notice is not received on or before the
date specified above, then this Agreement shall remain in full force and effect and the contingency as set
forth in this paragraph shall be deemed to be waived.
7 .5 Purchaser shall be responsible for, and shall bear any and aJJ cost and expense associated
with, any and aJJ Joss, claims, actions, liens, proceedings, liability or damage, including, but not limited
to, reasonable attorneys' fees, resulting from the death or bodily injury of any person, claims from
materialmen or laborers, or from the physical damage to or environmental contamination of the Property,
arising as a result of Purchaser's inspections, tests, and investigations of the Property, or as a result of
Purchaser's entrance onto and presence upon the Property . Purchaser shall obtain and demonstrate proof
of the insurance requirements outlined in Exhibit B. The provisions of this Section shall not be construed
to merge with the passage ot title to the Property and shall survive Closing or tem1ination of this
Agreement.
7 .6 The Property is sold by Seller and acquired by Purchaser "As-Is, Where-Is, With AJJ
Faults" with no right of set-off or reduction in the Purchase Price, and fuat except as explicitly set forth
in this Agreement or in the Deed (with respect to wa1Tanties of title) such sale shall be without
representation or wa1Tanty , express or implied, either oral or written, made by Seller or any agent or
repr esentative of Seller with respect to the physical or structural condition of the Property, or with
respect to the existence or absence of petroleum, hazardous substances, pollutants or contaminants in, on,
under, or affecting the Property or with respect to the compliance of the Property or its operation wifu
any laws , ordinances or regulations of any government or other body . Purchaser acknowledges and
agrees that Seller has not made and does not make any representations, wa1Tanties or covenants of any
kind or character whatsoever, whether express or implied, with respect to wan-anty of income potential ,
operating expenses, uses, habitability, tenantability, or suitability for any purpose, merchantability, or
fitness of the Property for a particular purpose, all of which warranties Seller hereby expressly disclaims .
Purchaser is r elying entirely upon infonnation and knowledge obtained from its own investi gation,
ex per ience, or p ersonal inspection of th e Property. Effective at Clo sing, Purchaser releases Seller from
a ll environmental and other actions , claim s, loss , injury , or liabilit ies with respect to th e Property, ar isi n g
from operations or activities prior t o Closing, whether such liability is im posed b y statute or derived from
common Jaw including, but not limited to, liabilities arising under the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), the Hazardous and Solid Waste Amendments
Act, the Resource Conservation and Recovery Act ("RCRA"), the Federal Water Pollution Control Act,
the Safe Drinking Water Act, the Toxic Substances Control Act, the Sup erfund Amendments and
Reauthorization Act an d the Hazardous M ateria ls Transportation Act, al1 as amen ded , and all other
comparable federal, state or loca l environmental , conservatio n or protection Ja ws, rules or regulations.
Effective at losing, Seller expressly assumes all environmental and other acti ons, claims, loss, injury, or
liabilities with respect to the Property, arising from operations or activities fo11owing the Closing,
hether • uch liability is imposed by statute or derived from common law including, but not limited to,
liabilities arising under the CERCLA, the Hazardous and Solid Waste Amendments Act, RCRA, the
·ederul Wat r Po11ution ontrol Act, the Safe Drinking Water Act, the Toxic Substances Control Act,
th uperfund Amendments and Reauthorization Act and the Hazardous Materials Transportation Act, all
u um nd d , nd all other comparable federal, state or I cal environmental, conservation or protecti n
Jnw , rule r re •ulntJon . tatements of fact or di closure , if any, made by Seller in this Agreement, or
)
in connection with this Agreement, do not constitute wan-anties or representations of any nature. The
foregoing provision shall survive Closing and shall not be deemed merged into any instrument of
conveyance delivered at Closing .
Article 8. Indenture Release.
Seller's obligation to close the transaction described in this Agreement shall be subject to Seller
obtaining a release of the Property from Seller's Corporate Indenture ("Indenture Release"). Seller shall
apply for the Indenture Release within ten (10) business days after the Effective Date. In the event Seller
does not obtain the Indenture Release, for any reason (other than the failure of Seller to pay the net
proceeds of the Purchase Price to the indenture trustee), on or before the date which is sixty (60) days
after such date, then this Agreement shall be null and void and of no further force or effect, all parties
shall be relieved of al] obligations hereunder (except as to obligations which expressly survive
tem1ination), and the Earnest Money shall be returned to Purchaser. In the event SelJer obtains the
Indenture Release, the closing will occur on the Closing Date.
Article 9. Reserved Interest.
The Deed shall reserve to SelJer easements for the maintenance of, and access to, utility facilities
which are now, or may hereafter be, located on the Property as set forth in the Deed (the "Reserved
Interest").
Article 10 . Protective Baniers.
Purchaser shall install protective bai.Tiers, approved by Seller, around the existing transmission
tower and any future tower(s) located on the Property. Said protective ban-iers shall be either (1) jersey
bai.Tiers, or (2) six-inch diameter concrete bollards at least three feet high at four foot intervals painted a
reflective yellow.
Article 11 . Condemnation.
If prior to Closing, eminent domain proceedings are commenced against any material portion of
the Property , Selle r shall immediately give notice thereof to Purchaser, and Purchaser at its option (to be
exerc ised wi thin fi fteen (15) days after Seller's notice) may either (a) tem1inate this Agreement, in which
event bo th p arties shall be relea sed fr om all liabil iti es and obl ig ations h ereunder, exce pt those which
expressly survive tem1ination, and the Earnest Money shall be returned to Purchaser, or (b) proceed to
Closing and receive at Closing either a credit against the Purchase Price in the amount of the award, in
the case of a completed eminent domain proceeding, or an assignment of all rights in eminent domain, in
the case of a pending eminent domain proceeding. Prior to Closing, Seller shall not designate counsel,
appear in, or otherwise act with respect to any eminent domain proceedings, or commence any repair or
restoration resulting therefrom, without the consent of Purchaser .
Article 12 . Brokers.
Each of the parties represents to the other that such party has not incurred any brokerage
commission or finder's fee as a result of this transaction . Purchaser and Seller agree to hold the other
harmless from all liabilities suffered relating to any brokerage commission or finder's fee incurred as a
resu lt of th irrespective actions. The provisions of thi Article 12 shall urvive Closing or termination
of this Agreem nt.
Article 13 . Default.
In the case of any default by Purchaser, and such default continues for a period of ten (10) days
after Seller notifies Purchaser in wiiting of such event (except for a default consisting of Purchaser's
failure or refusal to close, for which no notice will be required), Seller's sole and exclusive remedy shall
be te1111ination of this Agreement and, upon any such tennination, the Earnest Money shall be forfeited to
Seller, not as a penalty, but as liquidated damages. In the case of any default by Seller, and such default
continues for a period of ten (10) days after Purchaser notifies Seller in writing of such event ( except for
a default consisting of Seller's failure or refusal to close, for which no notice will be required), upon
Purchaser's option, Purchaser may terminate this Agreement whereupon the Earnest Money shall be
returned to Purchaser. Purchaser also shall have the right to specifically enforce this Agreement,
provided that any action therefor is commenced within six (6) months after such right arises. Purchaser
waives any right it may have to recover damages from Seller. In any action or proceeding to enforce this
Agreement or any tern1 hereof, the prevailing party shall be entitled to recover its reasonable costs and
attorneys' fees. This provision shall survive te1111ination of this Agreement.
Article 14. Assignability.
Purchaser may not assign its rights under this Agreement other than to a Pem1itted Assignee, and
provided that Seller is given notice of such assignment not less than ten (10) days prior to Closing. As
used herein, "Permitted Assignee" means any entity which controls, is controlled by or is under conunon
control with Purchaser. Any Assignee must assume all of Purchaser's agreements and obligations under
th is Agreement and no assignment shall constitute a release of Purchaser from its liability and
a greement s .
Article 15 . Confidentiality.
Seller and Purchaser agree to retain the confidentiality of the tern1s of this Agreement prior to
C losing and not to disclose the same to any third party other than to the extent required by applicable
law, or to the extent necessary for Purchaser to complete its investigation during the Feasibility Period, to
obtain financing to complete this transaction, or to determine the tax treatment or tax structure of the
tr an saction contemplated by this Agreement.
Article 16. Notices .
Any notice, consent, waiver, request or other communication required or provided to be given
under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when
delivered personally or when mailed by certified or registered mail, return receipt requested, postage
pr epaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed
to the party's address as follows :
If to Seller: Gina L . Bulloch
Corporate Real Estate
Xcel Energy Services Inc .
550 15 1h Street, Suite 1000
Denver, Colorado 80202
10
With copy to:
If to Purchaser:
Jennifer Thulien Smith, Esq .
Xcel Energy Services Inc.
414 Nicollet Mall, 51
" Floor
Minneapolis, Minnesota 55401
Michael Flaherty
Deputy City Manager
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
or to such party at such other address as such party, by ten (10) days prior written notice given as herein
provided, shall designate, provided that no party may require notice to be sent to more than two (2)
addresses. Al1y notice given in any other manner shall be effective only upon receipt by the addressee.
Article 17. Miscellaneous.
17.1 Entire Agreement; Modification. This Agreement embodies the entire agreement and
understanding between Seller and Purchaser, and supersedes any prior oral or written agreements,
relating to this transaction. This Agreement may not be amended, modified or supplemented except in
writing executed by both Seller and Purchaser. No tem1 of this Agreement shall be waived unless done
so in writing by the pa1iy benefited by such ten11 .
17.2 Survival: No Merger . The terms of this Agreement shall survive and be enforceable after
the Closing and shall not be merged therein.
17.3 Governing Law. This Agreement shall be construed under and governed by the laws of
the State of Colorado.
17.4 Severability. If any term of this Agreement or any application thereof shall be invalid or
unenforceable, the remainder of this Agreement and any other application of such te1m shall not be
affected thereby.
17 .5 Time of the Essence. Time is of the essence under this Agreement.
17.6 Construction. The rule of strict construction shall not apply to this Agreement. This
Agreement shall not be interpreted in favor of or against either Seller or Purchaser merely because of
their respective efforts in preparing it.
17.7 Captions. Gender. Number and Language oflnclusion. The article and section headings
in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope
or intent of any term of this Agreement. As used in this Agreement, the singular shall include the plural
and vice versa, the masculine, feminine and neuter adjectives shall include one another, and the
following words and phrases shall have the following meanings: (i) "including" shall mean "including
but not limit d to", (ii) "terms" shall mean "ten11S, provisions, duties, covenants, conditions,
repre entations, wat1'anties and indemnities", (iii) "any of the Property" shall mean "the Property or any
part thereof or intere t therein", as the case may be, (iv) "right " shall mean "rights, duties and
obli lations", (v) "liabi lities" shall mean "liabilities, obligations, d mages, fines, penalties, claims,
demand , c , t , charge , judgments and expenses, includin re onable attorneys' fees", (vi) "incurred
by" hall m an "nnp d up n or uffered or mcurred or p id by r ert d gainst", (vii) " pplic ble
11
law" shall mean "all applicable Federal, state, county, municipal, local or other laws, statutes, codes,
ordinances, rules and regulations", (viii) "about the Property" shall mean "in , on, under or about the
Property", (ix) "operation" shall mean "use, non-use, possession, occupancy, condition, operation,
maintenance or management", and (x) "this transaction" shall mean "the purchase, sale and related
transactions contemplated by this Agreement".
17 .8 B i "ling Effect. This Agreement shall inure to the benefit of and shall bind the
respective heirs, executors, administrators, successors and assigns of Seller and Purchaser.
17.9 Counteroarts. This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one instrument.
I 7 . IO Recording. Neither party shall record this Agreement. In the event Purchaser records
this Agreement, this Agreement shall automatically terminate and Seller shall have the remedies set forth
in the Article entitled "Default".
Seller and Purchaser have caused this Agreement to be executed and delivered as of the
date first above written .
SELLER:
PUBLIC SERVICE COMPANY OF COLORADO
PURCHASER:
CITY OF ENGLEWOOD
a Home Rule municipal corporation
By:
Date:
Mayor
Olga Wolosyn
12
AITEST:
By:
Date:
City Clerk
Loucrishia A. Ellis
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A tract of land in the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 9,
Township 5 South, Range 68 West of the 6111 P.M., Arapahoe County, Colorado, more particularly
described as follows:
Commencing at a point which is 2628 feet North and 710 feet East of the Southwest comer of said
Section 9, Township 5 South, Range 68 West of the 6th P.M.;
Thence East 157 feet to a point;
Thence North 0°5' West 287 feet to a point on the South side of the County Road leading to Brown's
Bridge;
Thence South 83.0 12' West along the South side of said County Road 158 feet, more or less, to the East
line of the land heretofore conveyed to Henry R. Nissley;
Thence South 0°5' East along the East line of said Nissley property 268 feet to the point of beginning.
13
EXHIBIT A-1
Retained Easements
An easement reta ined by the Grantor, its successors, licensees , le ssees, contractors, or assigns, and their
agents and employees to enter at all times upon said premises for its existing natural gas utility facilities
over the south thirty (30) feet of the parcel described in Exhibit I , together with the right to enter upon
said premises to install, construct, maintain , alter, repair, rep la ce, reconstruct, operate and remove
pipelines and related appurtenances , fixtures or devices used for the Grantor's transportation of natural
gas .
TOGETHER WITH:
An easement retained by the Grantor, its successors, licens ees , less ees, contractors, or assigns, and their
agents and employees to enter at all times upon said premises to access its existing electrical distribution
utility facilities over the west ten (10) feet, together with the .east five (5) feet, and together with the
northerly twelve (12) feet of the parcel described in Exhibit I, together with the right to enter upon said
premises to survey, construct, maintain, operate, repair, replace, control, and use said electric distribution
utility lines and related fixtures and devices, and to remove objects interfering therewith, including the
trimming of trees and bushes, and together with the right to use so much of the adjoining premises during
surveying, construction, maintenance, repair, removal or replacement of said electrical utility lines and
related fixtures and devi ces as may be required to permit the operation of standard utility construction or
repair machinery .
TOGETHER WITH :
A stri p of land seventy-five (75) feet in width, thirty-seven and five tenths (3 7 .5) feet on each side of the
following described centerline :
C ommencing at the sou theast comer of the "~reel described in Exhi bit I, being a point on the east-west
centerline of Section 9, Township 5 South, .. '-ange 68 West of the 6111 Principal Meridian, County of
Arapahoe, State of Col orado , whence the West one-quarter comer thereof bears North 89°43 '00" West,
848 .7 8 feet ; thence North 00 °09'04" East, along the east line of said parcel , a distance of 157 .69 feet to
the POINT OF BEGINNING on the centerline of sai d seventy-five-foot strip of land ; thence North
44°22'24" West, a long the centerline of said strip, a distance of 157 .69 feet to the POINT OF
TERMINATION on the north line of said parcel.
Said seventy-five-foot strip easement retained by the Grantor, its successors, licensees, les sees,
contractors, or assigns, and their agents and employees to enter at all times upon said premises to access
its existing overhead electrical transmission utility facilities described on Exhibit 1, together with the
right lo enter at all times upon said premises to survey, construct, repair, remove, replace, reconstruct,
patrol, inspect, improve, enlarge and maintain overhead electrical transmission lines including towers,
poles, and other supports of whatever materials; together with braces, guys, anchors, cross-arms, cables,
co nduits , wires, conductors, manholes, transformers, and other fixtures, devices and appu rtenances used
or useful 111 connection therewith, and full right and authority to cut, remove, trim or otherwise control all
trees , brush, and other growth on or overhanging said premises.
Permitted Exception s
rTo b added pursuant to ection 5.2 of Purchase and Sale Agreement]
14
EXHIBITB
PROPERTY ACCESS AGREEMENT
This Agreement is effective this __ day of , 2007 by and between Public Service
Company of Colorado ("PSCo") and the City of Englewood, a Home Rule municipal corporation
("Purchaser").
Recitals
A . Purchaser is conducting an investigation of a parcel of land at 2150 W. Union Ave .,
Englewood, Colorado (the "Property") pursuant to a Purchase and Sale Agreement of even date hereof
(the "PSA").
B. In connection with such activities, Purchaser has requested PSCo's pennission for its
authorized employees and representatives to enter the Property.
C . PSCo is willing to provide Purchaser with such access under the tenns and conditions set
forth in this Agreement.
Agreement
1. Purchaser and its designated employees, contractors or agents shall be granted access to the
Property under this Agreement only for the purpose of conducting the investigation described in the PSA
(the "Work"). The persons or finns perfo1111ing the Work will be subject to PSCo's reasonable approval,
prior to any entiy onto the Property. Fmther, Purchaser shall provide PSCo with written notice of its
intention to enter the Prope11y at least three (3) business days prior to entering.
2 . Purchaser shall repair any damage done to the Property as a result of the Work and upon
completion of the Work shall restore the Property to its condition as existed inm1ediately prior to the
entry by Purchaser.
3. This Agreement shall terminate upon the sooner of completion of the Work or tem1ination of
the PSA. Any provision of this Agreement shall survive tennination if contex,t so requires including
without limitation the indemnities provided for in paragraph 4 hereof.
4. Purchaser shall be responsible for, and shall bear any and all cost and expense associated with,
any and all loss, claims, actions, liens, proceedings, liability or damage, including, but not limited to,
reasonable attorneys' fees, resulting from the death or bodily injmy of any person, claims from
materialmen or laborers, or from the physical damage to or environmental contamination of the Property,
arisi ng in any way as a result of the Work or Purchaser's presence on the Property or by the presence of
any of its agents, contractors, consultants or employees, and provided further that Purchaser shall be
responsible for the proper treatment and disposal of all samples taken with respect to the Property.
5. Purchaser shall obey all PSCo written rules and regulations made known to it prior to its
entry as well as reasonable oral instJ·uctions related to safety as such are made known to Purchaser during
its pre ence on th Property.
6 . At all times while on th Property , Purcha er shall be accompanied by a P Co repre entative,
unle , thcrw1 e authori zed by P o in adv n . Purcha er shall provide P o with copy of any
15
completed report or document describing the results or conclusions arising from the Work as soon as
such report is completed . Upon issuance of any final reports , Purchaser shall deliver to PSCo all prior
drafts and other documents generated pursuant to the Work within its possession or control. Purchaser
agrees to maintain all infom1ation and documents (including final reports) generated as a result of the
Work as strictly secret and confidential and will not disclose such information or documents to any third
party without the express written consent of PSCo or as required by law, except to lenders , attorneys and
consultants to the extent necessary to complete Purchaser's investigation and perfom1 its ob1igations
hereunder, and subject to such third party's agreement to maintain the information as confidential.
Confidential infom1ation shall be disseminated within Purchaser's organization and within third party
organizations on a "need to !mow" basis only. In the event that Purchaser does not acquire the Property
for any reason, Purchaser will de1iver to PSCo all copies of any reports, documents describing the results
or conclusions arising from or related to the Work, and any and all other documents, writings or records
discussing the Work and the results or conclusions.
7. Purchaser and any of its agents, contractors or consultants perfom1ing the Work shall take
out and maintain, at their own expense, at least the following insurance:
a.
b.
C.
Insurance
Workers Compensation
Comprehensive General Liability
Aut omotive liability
Amounts
Statutory.
$1,000.000 each occurrence.
$2,000,000 aggregate.
$1,000.000 each occurrence.
$2,000,000 aggregate .
8 . Purchaser shall be solely responsible for ensuring that all of its agents, contractor,
consultants, and employees comply with the requirements of this Agreement.
9 . This Agreement shall be governed, construed and enforced in accordance with the laws of
the State of Colorado .
10. This Agreement and the PSA set forth the entire agreement and understanding of the partie s
with r es pect t o the transactions contemplated hereby and supersedes all prior agreements, arrangements
and und erstandin gs r ela ting to the s ubject matter hereof.
11. This Agreement shall bind upon an d in ure to the benefit of the p a r ties h ereto and their
permitted successors and assigns.
12. This Agreement may be amended, modified, superseded or canceled, and any of the terms or
covenants hereof may be waived, only by written instrument exec uted by the par ties h ereto or, in the case
of waiver, by the party waiving compliance.
13 . The failure of either party at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same . No waiver by either party of
the breach of any terms or covenant contained in this Agreement, whether by condu ct or otherwise, in
any one or more instances shall be deemed to be construed as further or continuing waiver of any such
brea h or a breach of any other term or covenant of this Agreement.
16
I
I
\.
IN WI1NESS WHEREOF, the parties hereto, intending to be bound hereby, have caused this
Agreement to be executed by their officers, duly authorized, as of the day and year first above written.
CITY OF ENGLEWOOD
a Home Rule municipal corporation
By:
Mayor
Olga Wolosyn
PUBLIC SERVICE COMPANY OF COLORADO
By: ---------------Gina L. Bulloch
Corporate Real Estate
ATTEST:
By:-------------
City Clerk
Loucrishia A. Ellis
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EXHIBITC
When recor·ded, mail to:
PUBLIC SERVICE COMPANY OF COLORADO
c/o Xcel Energy Services Inc .
550 15 111 Street, Suite 1000
Denver, Colorado 80202-4205
Attention: Corporate Real Estate This S ace Reserved For Recordin Infonnation
SPECIAL WARRANTY DEED
Public Service Company of Colorado, a Colorado corporation ("Grantor"), of the City and
County of Denver, State of Colorado, for the consideration of Ten Dollars and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, hereby sells and conveys to
the City of Englewood, a Horne Rule municipal corporation, with an address of l 000 Englewood
Parkway, Englewood, Colorado 80110, the property located in the County of Arapahoe, State of
Colorado, described on the attached Exhibit 1.
Grantor wan-ants title against all persons claiming under Gnmtor, excepting taxes and
assessments for the year 2006 and tl1ereafter, a lien not yet due and payable, and easements, reservations,
restrictions, covenants, encumbrances, and other matters shown on Exhibit 1-A hereto .
Signed this ___ day of ____ , 2007 .
STATE OF COLORADO )
) ss:
CITY & COUNTY OF DENVER )
PUBLIC SERVICE COMPANY OF COLORADO
a Colorado corporation
By : ____________ _
Patrici a K. Vincent, Presi dent and CEO
The foregoing instrument was acknowledged before me this __ day of , 2007, by
Patricia K . Vincent, as President and CEO of Public Service Company of Colorado, a Colorado
corporation .
Witness my hand and official seal.
M y commi sion expires------------
Notary Public
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EXHIBITD
RECEIPT AND ACKNOWLEDGMENT BY TITLE COMP ANY
The undersigned Title Company hereby acknowledges receipt of ( 1) a copy of the fully executed
Purchase and Sale Agreement between Public Service Company of Colorado, as Seller, and the
City of Englewood, Colorado, as Purchaser (the "Agreement") and (2) the Earnest Money, as
defined in the Agreement, as of the date set forth below. Title Company agrees to hold and
disburse the Earnest Money in accordance with the terms of the Agreement. While the Title
Company holds in escrow any Earnest Money in the form of cash, it agrees to invest it in an
interest-bearing account.
RECEIVED, ACKNOWLEDGED and AGREED TO this __ day of ____ _
2007, which date shall be the Effective Date of the Agreement.
STEW ART TITLE OF DENVER
Name _____________ _
Title _____________ _
19
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 16, 2007 11 a i Acquisition of Property from Xcel Energy
Initiated By: Staff Source:
City Manager's Office Michael Flaherty, Deputy City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council authorized a capital appropriation of $44,000 in the 2005 budget for acquisition of the
subject property, located at 2150 South Wyandot Street from Xcel Energy . The purpose of the
capital appropriation was to acquire this property for parking required for the future development
on a new animal shelter by the Colorado Humane Society (CHS) on adjacent property, owned by
CHS. Two subsequent agreements between the City and CHS, the transfer ownership of this
property to CHS and for on-going animal shelter operations by CHS, will be forwarded to Council
in the near future.
RECOMMENDED ACTION
Staff recommends Council adopt a Bill for an Ordinance authorizing a purchase and sale agreement
between Xcel Energy and the City of Englewood .
BACKGROUND
Staff has been in discussions w ith Xcel Energy since 2002 regarding acquisition of property at 2 150
South W yandot Street (West Union Av enue and South Wyandot Street). This property is proposed
as parking for future de velopm ent of a new animal shelter by the Colorado Humane So ci ety (CHS ).
C HS has plans fo r a n ew faci li ty and has begun a ca p ital campaign to fund c on stru c t io n. The
proposed site of the p lanned faci lity is j ust eas t of th e So uth Platte River an d im m ed iate ly west of
the Xcel parcel. The land parcel on which the facility is proposed to be built is in Englewood, but
was owned by the City of Littleton . Last year, the City of Littleton transferred ownership of their
property to CHS . Howeve r, that parcel will not accommodate the required parking. The City of
Englewood had previously proposed to acquire the Xcel property to provide for the required
parking. The Xcel property, which is approximately one acre, will accommodate that need. Xcel
agreed to sell the property to the City and vacated an exis ting lessee from the property in 2003 .
Xce l forwarded a "Purchase and Sale Agreement" to the City in late September of last year. The
City Attorney's Office has reviewed the agreement and found it to be acceptable, with a few
e ce ptions. Xce l co mpleted changes requested and returned the signed agreement late last month.
FINANCIAL IMPACT
An appraisal of the property was completed by Xcel in 2004 that established the value at $44,000.
City staff reviewed the appraisal and found it to be a fair representation of the property's value. An
appropriation from the Capital Projects Fund for the acquisition was approved by City Council in
the 2005 budget.
LIST OF ATTACHMENTS
Colored Map of Retained Easement
Proposed Bill for an Ordinance
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Retained Easements
An easement r etained by the Grantor, its successors, licensees, lessees, contractors, or assigns, and their
agents and employees to enter at all times upon said premises for its existing natural gas utility facilities
over the south thirty (30) feet of the parcel described in Exhibit 1, together with the right to enter upon
said premises to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove
pipelines and related appurtenances, fixtures or devices used for the Grantor's transportation of natural
gas.
TOGETIIBR WITH:
An easement retained by the Grantor, its successors, licensees, lessees, contractors, or assigns, and their
agents and employees to enter at all times upon said premises to access its existing electrical distribution
utility facilities over the west ten (10) feet, together with the~ five (5) feet, and together with the
northerly twelve (12) feet of the parcel described in Exhibit 1, together with the right to enter upon said
premises to survey, construct, maintain, operate, repair, replace, control, and use said electric distribution
utility lines and related fixtures and devices, and to remove objects interfering therewith, including the
trimming of trees and bushes, and together with the right to use so much of the adjoining premises during
surveying, construction, maintenance, repair, removal or replacement of said electrical utility lines and
related fixtures and devices as may be required to permit the operation of standard utility construction or
repair machinery.
TOGETHER WIT1I:
A strip ofland &e\l'enty-five (75) feet in width, thirty-seven and five tenths (37 .5) feet on each side of the
following described centerline:
Connnencing at the southeast comer of the parcel described in Exhibit 1, being a point on the east-west
centerline of Section 9 , Township 5 South, Range 68 West of the 6 111 Principal Meridian, County of
Arapahoe, State of Colorado, whence the West one-quarter comer thereof bears North 89°43 '00" West,
848.78 feet ; thence North 00°09'04" East, along the east line of said parcel, a distance of 157.69 feet to
the POINT OF BEGINNING on the centerline of said seventy-five-foot strip of land; thence North
44°22'24" West, along the centerline of said strip , a distance o f 157 .69 feet to the POINT OF
T ERMINATION on the north line of said parc el.
Said seventy-five-foot strip easem e n t retained by the Grantor, its successors, licensees, lessees,
contractors, or assigns, and their agents and employees to enter at all times upon said premises to access
its existing overhead electrical transmission utility facilities described on Exhibit 1, together with the
right to enter at all times upon said premises to survey, construct, repair, remove, replace, reconstruct,
patrol, inspect, improve, enlarge and maintain overhead electrical transmission lines including towers,
poles, and other supports of whatever materials; together with braces, guys, anchors, cross-arms, cables,
conduits, wires, conductors, manholes, transformers, and other fixtures, devices a n d appurtenances used
or useful in connection therewith, and fu ll right and authority to cut, remove, trim or otherwise control all
trees, brush, and other growth on or overhanging said premises .
[To be dded pursuant to cction S.2 of Purcha and Sale Agreement]
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 16, 2007 11 Ci Award Construction Contract on the Trailhead
Amenities Grant Project
Initiated By: Staff Source:
Community Development Department Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council adopted the 2007 Open Space Fund budget providing $20,358.04 match funding
from Arapahoe County Shareback funds.
• Council adopted Council Bill No.2, series of 2006 authorizing an IGA between the City of
Englewood and Arapahoe County to accept $101,291 in funding for the proposed Trailhead
Im p rovements.
• Council approved an IGA with Arapahoe County in 2005 to participate in the Arapahoe
County Open Space Shareback program that provides the match funding for the Grant
project.
• Council adopted the South Platte River Open Space Plan in 2003
RECOMMENDED ACTION
Recommendation from the Community Department to award a contract, by Motion, to construct
public improvements in three City parks, Cushing, Centennial and Belleview Parks. Staff
recommends awarding the contract to the lowest qualified bidder, Richdell Construction Company,
w ith a lump sum bid of $59,000. Richdell was one of four companies that submitted complete bid
doc uments by the deadline of 10:00 a.m. on March 22, 2007.
BACKGROUND
Englewood submitted a grant application for Arapahoe County Open Space Program Funds in
February 2005 for Trailhead Amenities. Arapahoe County selected the project and awarded funding
in May 2005. The Inter-Governmental Agreement with Arapahoe County was adopted by
Englewood in January 2006.
Englewood retained Wenk Associates to provide design and construction documents. Wenk
previously worked with the City of Englewood to develop the South Platte River Open Space Plan .
The goal of the Englewood Trailhead Improvements project is to enhance three locations as starting
points for biking or hiking trips on the trail system . This is accomplished by installing amenities such
a bike ra c ks , b nc hes, picnic tables, picnic shelters and directional signage to help people make
th ir way from th City park to the Mary Carter Greenway. In Bell view Park there is also San -o-
1 t n lo ure that c ur a modular re t room and pr vents tipping by wind or vandals .
The opportunity to bid on the project was advertised on March 8 and 15, 2007 in The Daily
Journal. The bid opportunity was also electronically published on the Rocky Mountain E-Purchasing
System available through the City website. Five contractors participated in the pre-bid walk thru
with staff and Wenk representatives.
The funds for this project are budgeted and currently available in the 2007 MYCP Open Space
Budget. The total project cost estimate of $128,702.87 includes design, engineering services,
structures, equipment and construction contingency.
FINANCIAL IMPACT
The project costs are fully funded with Arapahoe County Open Space Program Grant and Open
Space Shareback matching funds.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Letter of Recommendation from Wenk Associates
City of Englewood Bid Tabulation Sheet
Bid Opening: 3/22/07 10:00 a.m.
ITEM: ITB-07-110 Trailhead Amenities Project
Bid
P Cards Bond
Vendor Y/N Y/N
Technoloav Construction Inc.
Rich 303-431-26961 N y
5636 Kendall Ct #A
Arvada, CO 80002
lbec Construction Co
Tracy 303-762-7210
3107 W Hampden Ave
Englewood, CO 80110
Richdell Construction
Scott 303-252-0809 N y
7001 Colorado Blvd.
Commerce City, CO 80022
Arrow J Landscape
Gary 303-289-4388 N y
909 E 68th Ave
Denver, CO 80005
Stackholm Dev. & Const.
Jeff 303-762-9522 N y
3300 S Zun i St
Englewood, CO 80110
Receipt of
Addendum Project
#1 Lump Sum Exceptions:
y $ 106,254.00 See Bid Documents
NOBID
y $ 59,000.00 See Bid Documents
y $ 87,046.00 See Bid Documents
y $ 115,000.00 See Bid Documents
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ASSOCIATES
PLANNERS &
LANDSCAPE
ARCHITECTS
1335 HAIi SIREH
DE NV[ R CO 8020 4
f AX 678 0004
303 628 0003
April 9, 2007
Mark Graham
Englewood Community Development
1000 Englewood Parkway,
Englewood CO 80110
Re : Englewood Trailhead Amenities Project
Dear Mark :
Per your recent direction, Wenk Associates contacted references related to Richdell Construction
Company to ascertain past performance on similar project types. Our inquires into the references
provided by the Contractor yielded generally favorable responses from the individuals contacted which
included City and County of Denver, Douglas County, and City & County of Broomfield.
We did not make any additional inquires into the contractor's performance other than those outlined
above . In addition, Wenk Associates has not worked with the contractor on any previous projects, so
our knowledge of their performance capabilities is limited the discussions during the bid process and
subsequent reference follow-up .
Based upon the Contractor's references and bid proposal, we see no reason not to support the
Englewood's City staff decision to recommend Richdell Construction Company to the City Council as
the contractor for the Englewood Trailhead Amenities Project.
Please feel free to call us should you have any questions .
Sincerely
William Wenk
Principal
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RESOLUTION NO.
SERIES OF 2007
A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2007
BUDGETS FOR THE ENGLEWOOD PUBLIC WORKS DEPARTMENT AND
SERVICENTER.
WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS , this supplemental appropriation to the 2007 Budget General Fund for the Public
Works Department includes $435,000 for snow and ice removal ; and
WHEREAS , $550 ,000 for Road and Bridge repairs is being transferred from the General Fund
to the Public Improvement Fund; and
WHEREAS , this supplemental appropriation to the 2007 Budget Public Improvement Fund
for Servi center Fund for the Servi center Roof Project, which was included in previous budgets
but not undertaken or completed therefore the funds for the project are being re-appropriated for
the 2007 Budget;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year
ending 2007, as follows:
2007 SUPPLEMENTAL APPROPRIATION
GENERAL FUND
SOURCE OF FUNDS:
Fund Balance
USE OF FUNDS:
Public Works Department -Snow Removal
Transfer Out to Public Improvement Fund
Total
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS:
Transfer in from General Fund
USEOFFUND:
Capital Projects-Road and Bridge (Phase I road repairs]
$985,000
$435,000
$550,000
$985 ,000
$550 ,000
$550 ,000
SERVICENTER FUND
SOURCE OF FUNDS:
Funds Available
USE OF FUNDS:
Servi Center Roof Project
$ 75,000
$ 75,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2007 Budgets for the City of Englewood.
ADOPTED AND APPROVED this 16th of April, 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
COUNCIL COMMUNICATION
Date: Subject:
April 16, 2007
Agenda Item:
11 C ii Supplemental Appropriation to the 2007 Budgets for
the Public Works Department and ServiCenter
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed the costs of snow removal and road repair at the Study Session held April 2,
2007.
RECOMMENDED ACTION
Staff recommends Council approve the attached Resolution for a supplemental appropriation to the
2007 Public Works Department and the ServiCenter Fund budgets.
The supplemental for Public Works includes $435,000 for snow and ice removal and $550,000 for
Phase I road repairs . Road repairs are urgently needed to protect the City's infrastructure
investment. The ServiCenter Roof Project was included in previous budgets but not undertaken or
completed so the funds for the project are being re-appropriated for 2007.
GENERAL FUND
SOURCE OF FUNDS:
Fund Balance
USE OF FUNDS:
Public Works Department -Snow Removal
Transfer Out To Public Improv ement Fund
Total
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS :
Transfer In From General Fund
USE OF FUNDS:
Capi tal Projec ts -Road and Bri d ge
SERVICENTER FUND
SOURCE OF FUNDS :
Funds Available
USE OF FUND S:
ServiCenter Roof Project
$985 ,000
$43 5,000
$55 0,000
$98 5,000
$550,000
$550,000
$75 ,000
$75 ,000
FINANCIAL IMPACT
This action will reduce the reserves in the General Fund by $985,000 and funds available in the
ServiCenter Fund by $75,000.
LIST OF ATTACHMENTS
Proposed Resolution