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2007-05-07 (Regular) Meeting Agenda Packet
1. 2. 3. 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, May 7, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 ~/)/J-/1CIJ1. '7 - Call to order. '7:J~~ Invocation. ~ Pledge of Allegi~nce. ~. Roll Call . au '7 ~ (a) Ericka Legnard , Englewood Leadership Academy Destination Imagination Trip (b) Jan Birmingham, Jason Park-off-leash (c) Ward Stockwell , Jason Park-off-leash (d) Rachel Shields , Jason Park-off-leash (e) Bill Gideon, Jason Park-off-leash (f) Katie Mendel, Greater Englewood Chamber Englewood Days-Taste of Englewood (q) Scott Gorsky , Jason Park-off-leash (h) Linda Lipscomb, Jason Park-off-leash (') M. h I M h murals at Headed West , Jason Park-off-leash \>\~ \ ~ (k) Chris e c e , Jason Park-off-leash (I) Michael Smith , Jason Park-off-leash (m) Jared Evy , Jason Park-off-leash (n) Matthew Evans , Jason Park-off-leash (o) Daryl Estes , Sinclair Middle School (p) Frank Atwood , murals at Headed West 5. Consideration of Minutes of Previous Session . ~ fl-& Minutes from the Regular City Council meeting of April 16, 2007~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) A}~d!J~st anager Mike Busch from the new Starbucks at 4 298 South Broadway will be ~ · P. ent to address City Council. b . Brett ~1]!~ the new Subway at 4696 South Broadway w ill b e present to address City Coun ci l. c. En gl ewood resi d en t Br ando n Dunca n wi ll be p re sent t o di sc uss th e Jaso n Park off-l eas h issue. d. e. f. Englewood resident Tavis Hanna will be present to discuss the Jason Park off-leash issue. Denver resident Paul Gaggini will be present to discuss City of Englewood dog regulations. ~~White will address Council regarding public art. n ecognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. (Jrime for unscheduled public comment may be limited to 45 minutes and if limited shall b continued to General Discussion.) Pl a no te : If yo u h e a di ability and n (30 -762-2 407) t I t 48 hour / Engl ewood City Council Agenda May 7, 200 7 Page 2 8. Communications, Proclamations, and Appointments . E-mail from Dooley Gehr tendering his resignation from the Code Enforcement Advisory Committee.~ Proclamation naming Nancy Peterson as Englewood 's Citizen of the Year for 200 7~ Proclamation honoring Police Week and Peace Officers ' Memorial Day.~ 9 . Consent Agenda Items. a. Approval of Ordinances on First Reading. Appr£: OrdinancE2_on Second Reading. -~~i ~ QI. • ·. , . . · 7:1 ~x.t.eW#r~t::11/1-~ 7V"l"fll 1tf;J/ l!IY-UI i. Council Bill No. 26, «'Ji"h~;i;i~g a purchase and sale agreement betwee~ Xcel ) Energy and the City of Englewood. ii. Council Bill No. 2 7, authorizing an Intergovernmental Agreement between the Colorado Department of Transportation , the Burlington Northern Santa Fe Rail w ay Company, and the City of Engle w ood to upgrade the railroad cross i ng w arning circuitry at the Dartmouth and Tejon intersec tion. c. Resolutions and Motions. i. Rec ommendation from the Parks and Rec reat ion Department to approve, by Motio14 a contract for purchase and installation of ultraviolet dechloramination and disinfection system at Pirates Cove. Staff recommends aw arding this c ontract t o the lowest qualified b idder, Associat ed Pool Builders, In c., in th e amount of $36,400. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation, and Gary Hultberg, Manager of Recreation . ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by Moti~n, a contract for construc tion services for ex t erior repairs of Service,75"upport Facility Building 1. Staff recommends awarding the contract to the lowest responsive bidder, Norkoli Construction, Inc., in the amount of $149,656 . STAFF SOUR CE: Stew art H . Fonda, Utilities Director, and Mark VanNostrand, Senior Project Engineer. iii. Recommendation from the Publi c Works Department to approve, bY. Motion, the purchase of one 2007 Freightliner, Model M2, cab and chassis from Transwest Trucks in the amount of $64,661. STAFF SOURCE: Ri ck l(ahm, D i rect or of Publ ic Works. Englewood City Council Agenda May 7, 2007 Page 3 iv. Recommendation from the Public Works Department to approve a Motion awarding a contract for design of the Platte River Bridge Project. Staff • recommends awarding this contract to the qualified bidder, Hartwig & Associates, Inc., in the amount of $235,449.20. STAFF SOURCE: Rick Kahm, Director of Public Works Department. 10. Public Hearing Items. tppd 7-J ~ ~-fl" ~,;tt:,{ ~~ a. Public Hearing to gather input on Council Bill No. 25 authorizing the Swedish Medical . Center;l/~~ieii~ob"mendmentNo.6. ~~-tr~ /YIA-1.Y WH!ft!_ 1JF'fbi ~-() -I ~~~ Url~4 K.l!t~,gA t;:. ·,111: ¥111111 1rtL.1n11-111,u:.s. P~.,. @ 11 Ordinances, Resoi!iW and Motions. r'T&lrn.e/JfllJtz..M,'JUJI) . ,et!,.,.., ~~ovaf o Orainances on.8rst Reading. • apd'l-o ~dfJ-0 ap,t!?--1) i. ii. iii. _council Bill No. 24 -Recommendation from the Englewood Water and Sewer Board to adopt a BTII for an Ordinance authorizing an amendment to the 1990 Big Dry Creek Interceptor Agreerl]e~t re,s~!~~~g.,fees. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ~ ~Council Bill No, 28 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance approving and authorizing the execution of three Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and the City of Englewood for the 2007 Arapahoe County Community Development Block Grant Program STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. ~J-- Council Bill No 29 Recommendation from the Community Development '"Department to adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement between Arapahoe Community College for the Area Career and • Tec hnic al School and the City of Englewood pertaining to the building of a single fa mil y resid ence in th e 2400 block of South Zun i Street in Englewood during th e 2007/2008 S8).?0I year. S_TAFF SOURCE: Janet Grimmett, Housing Finance Specialist. (7~ iv. Council Bill No. 30 -Recommenda tion from the Li ttleton/Englewood Wastewater Tr ea t men t Pl ant Supervisory Commi ttee to ado pt a Bill for an Ordinance declaring th e 960 acre fa rm land pa rcel in Arap ah oe Coun ty as City of En glewood surplu s and au thorizing the sale of th is prope rty. STAFF SOURCE : Stewart H. Fonda , Director of Utilities, and Jim Tallent, Operations Division Manager .~ ) Englewood City Council Agenda May 7, 2007 Page 4 V. tfd1-0 Council Bill No. 31 -Recommendation from the Finance and Administrative $"erv1ces Department to adopt a Bill for an Ordinance approving the refunding of the Multifamily House Revenue Refunding Bonds (Marks Apartments) Series of 1996 by issuing Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments) Series of 2007. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ~ Council Bill No. 32 -Recommendation from the Safety Services Departm t to adopt a Bill tor an Ordinance approving an Intergovernmental Agreement fo a Mutual Aid/ Automatic Aid Agreement between South Metro Fire Rescue and City of Englewood. STAFF SOURCE: Michael Pattarozzi, Division Chief, Fire Division . Council Bill No. 33 -Recommendation from the Safety Services Department to adopt a Bill tor an 01'dinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between the City of Littleton and the City of Englewood. STAFF SOURCE: STAFF SOURCE: Michael Pattarozzi, Divisio Chief, Fire Division. Council Bill No. 34 -Recommendation from the Safety Services Departmen to aclopt a Bill for an Ordinance approving an Intergovernmental Agreement f r a Mutual Aid /Automatic Aid Agreement between the City of Sheridan and e City of Englewood . STAFF SOURCE: Michael Pattarozzi, Division Chief, F' e Division. b. C. Appro~ Ordinances on Second Reading. Resolutions and Motions. ii. ~,!~ tJptdrJ-D iii. )(}JJoJI<jb Jpp rl?-() Pl <, Recommendation from the Finance and Administrative Services Department to approve a Resolution for a Supplemental Appropriation to the 2006 Budget for the Various Funds . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ~ Recommen dation from the Public Works Departm en t t o ap prove a Reso lution authorizing a negotiated extension to the 2006 microsurfacing contract for the ::!007 microsurfacing program. Staff recommends awarding the contract to Broadaway Holdings LLC in the amount of $611 ,832. STAFF SOURCE : Rick Kahm , Director of Public Works Department. ~ Recomme n dation from the Public W o rks Depa rtm ent t o app rove a Reso lution au thorizing a nego tia ted con tract for the 2007 Cape Sea l p roject. Staff recommends awarding this contract to A-1 Chipseal, the only a ailable qualified local Cape Seal contractor, in the amount of $273 ,695 . STAFF SOURCE : Rick Kahm , Director of Public Work s Department. ~ od . .. . Englewood City Council Agenda May 7, 2007 Page 5 12. General Discussion . ar,J'l-0 ~//UfHJ-lr~ ' a. b. Mayor's Choice . -~~~vl:it ~ Council Members'Choice. ~ ~ ~ i. Motion to make Jason Park an on-leash park. -OR- Motion to limit the hours that dogs may b ff-leash in Jason Park from 6:00 AM -10:00 AM, Monday through 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. / /.~ ~ The following mi n utes were transmitted to City Council in April 2007: • Alliance for Commerce in Englewood meeting of February 28, 2007. • Code Enforcement Advisory Committee meetings of January 17, February 21, and March 21, 2007. • Cultural Arts Commission meeting of March 7, 2007. • Election Commission meeting of March 20, 2007. • Liquor Licensing Authority Telephone Polls of February 21, March 7, and March 2 1, 2007. • Parks and Re c reation Commission meeting of Marc h 8, 2007. • Planning and Zoning Commission meeting of Marc h 6 and Marc h 20, 2007. • Englewood Public Library meeting of March 13 , 2007. • Safety Services Supplemental Disability Board meeting of March 16, 2007. • Transportation Advisory Committee meeting of March 8, 2007. • Urban Renewal Authority meeting of February 14, 2007. PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: May 7, 2007 UNSCHEDUL.ED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES TOPIC Do<. P,,u MPNk/ -- 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 16, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:33 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, Moore, Barrentine , Oakley, Mccaslin , Woodward , Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Director Gryglewicz, Finance and Administrative Services Director Kahm , Public Works Traffic Engineer Vostry , Public Works Streets Maintenance Manager Montgomery, Public Works Senior Planner Graham, Community Development Manager Stitt , Community Development Planner Bell, Community Development Client Services/System Administrator May , Information Technology Police Commander Watson , Safety Services Fire D ivisi on Chief Pattarozzi, 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 APRIL 2 , 2007 . Mayor Wolosyn asked if there w as any discussion . There was none . Vot e results : Mot, n c m d Ayes : Nay · Ab ta1n · Council Members Barrentine , Mccaslin , Wolosyn , Woodward , Tomasso , Oakley None Council Member Moore Englewood City Council April 16, 2007 Page 2 6 . Recognition of Scheduled Public Comment (a) Mayor Wolosyn said Fire Division Chief Mike Pattarozzi presented Celeste Vollert with a plaque acknowledging the life-saving efforts of her late-husband, Dustin Vollert. Division Chief Pattarozzi said on August 21, 2006 Dustin Voller! took his two sons, Brodie and Brandon and a family friend Jeremiah, swimming in the Platte River, at the Union Street crossing . The current was unusually strong that evening. Brandon and Jeremiah began to have difficulties in the river. Brodie and Dustin jumped in to save them . Brodie also began to have a difficult time . Dustin Voller! pushed all three boys towards the west bank of the river, to a point where they could stand . Unfortunately , Dustin could not overcome the strong current and was pulled under. The actions of Dustin Voller! that night saved the lives of three young children. We are here tonight to honor him and his memory. I would like to read this plaque . "This certificate of valor in recognition of Dustin Voller! for his selfless act of heroism in rescuing his two sons on August 21, 2006. Greater love hath no man than one who has laid down his life for another." Mayor Wolosyn said I want to say that you boys were very lucky to have a father like that. You'll remember this your entire life and I'm glad you came tonight. Thank you all. Council Member Barrentine said congratulations . You have every right to be very proud of him . There was a round of applause . Mayor Wolosyn said thank you for coming . It's important for us to see the faces that we read about. So I appreciate you coming here ... I know it's not easy. Thanks . Council Member Woodward said thank you . (b) Mayor Wolosyn said business owner Doug Cohn is present, on behalf of the Englewood Downtown Merchants Association , to discuss the 2007 Englewood Days . Mr. Cohn , an Englewood resident, said we're planning a party and we'd like to invite you all to come to our party . Englewood Days , the car show and The Taste of Englewood and the assorted other events are going to take place on Saturday, September 81h and as we start the initial planning, there are a number of issues that we need to talk with you all about. I trust that you all have this little paper. City Manager Sears said I didn 't pass that out , but I could if you want. Mr. Cohn said we need to make a couple of adjustments on our request of th ings we have asked of you . Point number 6 has to do with asking for a police officer to do parking control on th e ea st s ide of Broadway. You just want to scratch that one out. I talked with the traffic guys this morning and the polic e depa r tment th is morning and they sa id , don't do tha t. .. come up w ith a d iffere nt way to work on hav ing park ing for the cus tomers on Broa dway tha t day. So , we will come up w it h Pla n B . In the past couple of years , you all granted perm iss ion for us to use the Show Wagon rent free , but we paid for the expenses of the staff and ha v ing it transported back and forth and we would app reciate the loan of the Show Wagon again . Last year you loan ed us barr icades and the Publ ic Works guys spent qu ite a b it of time and energy sweeping the lots and gra d in g the vacant lot and we would like your permiss ion to do that again . With traffic control on Broad way , we re nt ed a couple of big electric signs jus t to let folks know that there was a sp ecial event ahead and we are offe ri ng to rent the signs again and we w ou ld like your permission to ... w e wo uld not c lose Broad wa y , but just to slow down traffic on Broadway again this year . Last year and the year be for e we used the Cherrelyn Trolley as a free s huttle and we need your permiss ion to negot iate w ith the Public W o rks guys to use the Trolley as a shu ttl e ag ai n. P robably the b iggest difference between this upcoming show and the last one is po int number 7 ... w e are a sk in g for th e c losu re of Lincoln Street ... in the 3400 block ... from old Hampden to G irard . What we h ve in mind to do is pu t the sound stage at th e south end of th e block broadcasting towards th e no rth and the n the Taste of Englew ood fo od even t an d qu ite a n umber of ve ndors would be in the street o n Linc In Street. I have talked wi th the business owners o n Linco ln Stree t and wra pp in g around the corner o n Girard an d th ose uys think it sounds like a good idea . The traffic guys and the Police De part m ent both said I need to talk to the r st of the guys on Broadway to let them also in on the deal and I have talked w ith them just verbally, but I don't h v wrttt n p rmi ,on from tho guys yet. .I'll have that by tomorrow ... their gre ment th t 1t would be okay to clo Lincoln Str t l 'v put in a call to RTD to r -rout th N o 12 bu if you all y y to th clo ing of ,n coln Str t Wh t w w nt to do I re-rout ,t I don't w nt to g t toot chnic I but 1t would b on -h If Englewood City Council April 16, 2007 Page 3 block detour on the No. 12 bus for the four times it would appear during that day. We are asking you all to give the Fire Department permission to bring that cool old fire truck again and the old ambulance. I realize that will take some staffing . Point's number 9 and 10 ... the Taste is looking seriously at having a Beer Garden connected with the Taste of Englewood event and the Safety Services guys are somewhat concerned about alcohol consumption and we are wondering about the possibility of having an officer who would be available, if needed, for drunk control. The reason we might combine 9 and 10 together ... if the Safety Services guys were to bring over the National Night Out or Neighborhood Watch kind of booth and we just happen to put that booth right beside the Beer Garden, we might be able to do both things at once. Anyway, we seek your permission on these issues and we would appreciate you guys working with us like you did last year . If you have any questions, I am on my lunch break right now, but my co-conspirators ... Chris Duis and Bob Farris ... have volunteered to stay around until the end of the meeting if you guys have questions on the specifics of the thing . Mayor Wolosyn said I am sure there will be discussion at the end of the meeting, so thank you for giving us something to look at. Mr. Cohn said thank you and I do apologize for talking and running, but my lunch break was expiring here ... got to get back on the road . Mayor Wolosyn said okay, thank you Doug and as I said, this will probably come up again during Council 's Choice . Thank you. 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8 . Communications, Proclamations and Appointments There were no commun ications, proclamations or appointments . 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i) and 9 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 27, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM", PERTAINING TO THE INSTALLATION OF INTERCONNECT RAILROAD PRE-EMPTION CIRCUITRY AT DARTMOUTH AND TEJON INTERSECTION BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION, THE BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY (BNSF) AND THE CITY OF ENGLEWOOD, COLORADO . (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Motion to approve the purchase of one Volvo G930 , 33 ,000 pound Motor Grader from Power Equi pment Company in the amount of $148 ,72 4 .00 . Vote results : Motion c m . Ayes : Council Membe rs Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nay : None Englewood City Council April 16, 2007 Page4 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Deputy City Manager Flaherty presented a recommendation from the City Manager's Office to adopt a bill for an ordinance authorizing a purchase and sale agreement between Xcel Energy and the City of Englewood . He said I am here tonight to request approval of a bill for an ordinance for the purchase of property owned by Xcel Energy located at South Wyandot Street and West Union . The property has been appraised at $44,000 .00 and in the 2005 Capital Budget, Council approved an appropriation for $44,000 .00 to acquire this property . This property is planned for parking for a future development by the Colorado Humane Society on property adjacent to this particular piece of property, currently owned by the Colorado Humane Society, that they have received from the City of Littleton . Upon purchasing this property and upon approval of two subsequent agreements with the Colorado Humane Society, this property will be transferred to the Colorado Humane Society . Mr . Flaherty asked if there were any questions . Mayor Wolosyn asked if there were any questions . Council Member Woodward said just a remark ... ! appreciate having the drawing with the easements highlighted on it. It helped me understand all that legal jargon . Mr . Flaherty said you are quite welcome . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 26. COUNCIL BILL NO. 26 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD , COLORADO . Mayor Wolosyn said if there is no other discussion , please vote . Vote results : Motion carried . Ayes : Council Members Barrentine, Mccasl in, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Mike . (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Senior Planner Graham presented a recommendation from the Community Dev lopment Department to award a contract, by motion, to construct public improvements in Cushing, Centennial and Belleview Parks . Staff recommends awarding the contract to the lowest qualified bidder, R1chd II Construction Company, in the amount of $59,000 .00 . He said this project is a project implementing the South Pl tt River Op n Space Plan . The purpose of the project is to improve Englewood residents ability to t biking or hiking trip from a loc lion that is connected to th R gional Trail Syst m , o ach of thes loc lion I conn ct d on L1ttl Dry Cr k Trail, on B1g Dry Cr Trail or right on the tr ii t C nt nn1 I It I pro 1ding om m nit, ii h It r , b nch , picnic t bl nd bt W 1n th Englewood City Council April 16, 2007 Page 5 Daily Journal , we used the City 's e-bid purchasing system and received five bidders . The Richdell bid was the lowest qualified bidder and we are ask ing for that motion from Council to approve them . Mayor Wolosyn asked if there were any questions or comments . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) {I) • A CONTRACT WITH RICHDELL CONSTRUCTION COMPANY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CUSHING, CENTENNIAL AND BELLEVIEW PARKS IN THE AMOUNT OF $59,000.00 . Mayor Wolosyn said you know it is a project we always hear about ... we need these things to be updated and I know that some of this is on the Parks Master Plan ... about the shelters , so I think it is great. Congratulations and I like it when I see cooperation between two departments . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None Mayor Wolosyn said thank you Mark . (ii) Director Gryglewicz presented a recommendation to approve a resolution for a supplemental appropriation to the 2007 Public Works Department and Servicenter Fund budgets . He said this is a supplemental to the 2007 budget for Public Works and the Servicenter . The Public Works portion of this was d iscussed at length at the Study Sess ion on April 2 , 2007 and D irector Rick Kahm of Publ ic Works prov ided Council with a memo, dated March 29, 2007, detailing the need for this supplemental appropriation . General Fund reserves will be reduced $985,000 .00 . The Public Works Department requires $435,000.00 for snow removal expenditures incurred earlier this year and a transfer out of $550 ,000 .00 is made to the Public Improvement Fund . The Public Improvement Fund will account for Phase 1 road repair and maintenance resulting from the 2006/2007 snow storms . Most of that damage was caused during the snow event earlier this year. The Servicenter ... $75 ,000 .00, the source of funding on that is the funds available in that Fund and the use of that is the Servicenter roof project, which was originally scheduled for 2006, but not started or completed . Mayor Wolosyn said before I open it up for discussion . I would like to comment that th is is. to me. a ve ry ser ious th ing . I think it is something that everybody in the community needs to really take a look at , because this $435,000 .00 for snow removal alone, is above and beyond the money that we ha d already budgeted . And I think that, as I recall fro m looking at it last week , it was about $700 ,000 .00 total. That is over $2,000 .00 a person to clean streets and I think our staff did a really great job and people did give them credit, but there was also impatience . We have to understand that it is more than just manpower , its dollars, to have our streets the way we want them in the winter, it doesn't come cheap . That is all I want to say and then on top of it, even with the removal we had , we still have damage . You know , that is what it is to live in an urban world and I just want to commend staff. And I would like the community to know it is a serious thing to pay for these projects Mayor Wolosyn asked if there was any other discussion . Council Member Mccasl in said when would this Phase 1 begin? Direc tor Gryglewicz said I think our Director of Public Works would be the best person to answer that. Director of Public Works Kahm said my proposal right now would be that I would plan on coming to Council on May ih to award contracts for both microsurfacing and for cape seal. We are already in the process of acqu irin g ru bber and we have started pouring cracks . So , you will see those programs happen during May and June and you wou ld ee our street department crew overlaying streets most of the summer. M yor Wolo yn 1d th nk you Rick Englewood City Council April 16, 2007 Page 6 Council Member Woodward said I think what is called cape sealing ... that is going on right now. Mr. Kahm said for cape sealing, we have talked to two local contractors that do that work . There are only two in the metro area that do that so we will be getting quotes from both of those folks . Mr. Woodward said and crack repairs of some sort. .. Mr. Kahm said crack sealing we are doing r ight now ... we have already started , yes . Mayor Wolosyn asked if there were any other questions or comments . Council Member Woodward said I just want to make a comment that I think this is something that we don't have many choices with and it is an investment in the future of our infrastructure as far as streets and roads . The Mayor had mentioned $2,000 .00 per resident. .. that is expensive . COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) - RESOLUTION NO. 43, SERIES OF 2007. RESOLUTION NO. 43 , SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2007 BUDGETS FOR THE ENGLEWOOD PUBLIC WORKS DEPARTMENT AND SERVICENTER. Vote results: Motion carried . Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Frank . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn sa id last week Gary Sears , Wayne Oakley and I and many people from staff attended the Mountain States Employers Council luncheon and awards where Englewood got First Place in the Human Resources Best Practices contest. I had to leave early so I am just going to let Wayne comment because he got to hear the presentat ion of the award . Cou nc il Member Oa k ley sai d ye s, it was a la rg e meeti ng of the Mou nta in States Employer s Coun cil and we were awarded a firs t place award in this categ ory ... it w as Be st Pract ic es, I be lie ve . I w as ve r y im presse d w ith the staff presentation and how much it is saving the City for us to do our own Computer Counseling and work inside the City . I was very glad to attend the meeting . Mayor Wolosyn said it was Karen Main is the champion and the brains behind this and she really does us proud . So, thank her and all the different individual departments that work with her ... it was interesting to hear about. (ii) M ayor Wolosyn said yesterday I went dow n to the Meet the Authors event at the Library, as usual. It seems to become better attended every year . There is a large selection of books and the Library staff puts on a nice event. So , thank them . (iii) Mayor Wolosyn said ... l said I would try to recap what I think we came up with to approach the task of making sure the shuttle remains an affordable amenity in our community. I see that immediately we will have a letter from Council to our reps and ... we can't do it next week because we will be interviewing for the vicious dog ordinance task force ... but maybe the one after that, we can present our issue at n RTD meeting . It was suggested that Harold ... and I will look at our schedule ... that Harold does come to a m ting to give u a status report , especially a it comes on line with what options they are offering . We will d finitely be doing that. And al o , togeth r w ith that , we may invite the r pre ntatives to attend our meetings . Do th t cov r 1t, do that m ok y ? Englewood City Council April 16, 2007 Page 7 {b) Council Members' Choice (i) Council Member Barrentine : 1. She said I want to thank Rick Kahm and the Public Works Department, for helping out with my new Starbucks ... I don't own it, but I just feel so attached to it. It is on Quincy and Broadway. It's a drive-thru that is going in . They are supposed to be opening Friday, the 20th and they ran into some problems because Denver doesn't know what they are doing. They received some information from Denver on where some lines were and where some water pipes were and there was one there where they said there wasn't. .. so I appreciate our Public Works Department working closely with Denver and with the contractor, so that we could get that open . Like I said, their Grand Opening should be this Friday, April 20th . 2. She said I wanted to thank Chris Olson . I got involved in a little community issue and I won't go into that, but I am learning a lot more about some of the mediation process and the communication within the Safety Services Department. And, I appreciate how timely you were and Tom Vandermee in getting back to me so that I knew that, that process was going on and I appreciate that. ***** Mayor Wolosyn said before we move on, I have to correct my own mistake ... my own math ... which I am ashamed to say I actually had someone help, but we only paid $20 .00 per citizen which I can make lemonade out of this . Hey, well done and great work. Thank you . Still, when you think about it. .. $20 .00 a person adds up to so much money. It is amazing!! Council Member Barrentine said only to add to that, and I wanted to do that before but I wasn't sure , that the regular General Fund budget that they had, they did a beautiful job with. There was a supplemental because of other properties that they are responsible for taking care of, but I think the General Fund amount of money that they budgeted for ... they did a beautiful job with and actually came within budget. It was overrides in other areas that we were responsible for as the City that put them out. (ii) Council Member Mccaslin : 1. He said I guess I had a concern or maybe a question on the closing of the 3400 block of South Lincoln . Would that affect St. Louis? Has anyone talked to them? Does that affect the boundary? Mayor Wolosyn said that is 3300. Council Member Mccaslin said okay. I'm just shooting off the top of my head ... so that has no effect. .. as far as the school or parking lot or anything? [Clerk's note : Someone responded , the comments were inaudible.] Mr. Mccaslin said okay, good ... well thank you for verifying that. I wasn 't sure ... l was just going by memory. Thank you . 2 . He said I will be writing a piece to the Byline for Parks and Recreation Departments throughout the State of Colorado on how well our Parks and Recreation survey came out, as far as the job they are doing . So, you will be seeing that in , hopefully, a State-wide paper. So, I want to thank Parks and Recreation for the job they have done. Council Member Woodward said the Byline being the State Parks and Rec magazine . Mr. Mccaslin said right. So we need to give Englewood a little bit of kudos, so I will be writing that article for the Byline . Mayor Wolosyn sa id thank you . (ii i ) Council Member Oakley said I would just like to make one other comment to the r solullon in the supplemental appropriation that was made tonight for street repairs . Even though it was a large f igure. it c ould have been a lot worse if we had not been active and aggressive in street maintenance down through the years . So even though it is a hard h it , I am sure other cit ies were h it a lot harder. (i v ) Co uncil M m b r T oma so sa id in r espond ing to the Englewood Day proposals , I th in k upport th m t th m I vel that w su pported th m I sty r . Wh ich i ba ically ve r yt hin g t hey for h r And w did for two xtr pohc offic r to p trol I st y r , JU t in ca th r w r ny Englewood City Council April 16, 2007 Page 8 problems . The only difference is that there was no alcohol served other than by the bars last year and we might want to look into that additional cost to see if it is going to take more than the two officers that we asked to set up. Item number 11.. .I would also like Community Development to set up a booth and to really market the City as they have done in the past. I know that Darren ... the year they parked the Trolley ... Darren used the trolley as his headquarters to hand out brochures on the City, because it is another way we can draw business to the City ... new businesses and people that would be interested in shopping here . Mayor Wolosyn said regarding your request, I think that for many of these things ... like the Show Wagon and Public Works ... Gary is going to give this list to these departments and hear from them, because they may have input and I think it is only fair. But two things that I think we are in a position right now to get going ... last year we did wave the banner fee and the application fee . I wouldn't have any objections with that. Is everybody in agreement with those two fees? Council Member Oakley said I certainly would be in agreement that we need to get back to the departments and ask their opinion, but by the same token, I would certainly encourage them to participate as they did last year, because this is a good event for the City . Mayor Wolosyn said is everybody okay with waving the application fees ... just to get that process in motion . know it is harder on staff if we wait until the last minute on things like that. Council Member Woodward said we are talking about a $75 .00 application fee? Mayor Wolosyn said and a $300 .00 banner setup . There was unanimous agreement among the Council. MAYOR WOLOSYN MOVED, AND IT WAS SECONDED , TO WAIVE THE $300 .00 BANNER SET UP FEE FOR ENGLEWOOD DAYS . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None Motion carried . Council Member Tomasso said so I guess we will waive the $75 .00 fee also? Mayor Wolosyn said yes , and we don't need a motion on that. Council Member Tomasso sa id I j ust thought that in the past we supported them at bas ically th is level and that it would be good to continue that level of su pport . Th a nk you . (v) C o un c il Member Woodward : 1. He said comments on the Englewood Days ... the Show Wagon ... Mr. Cohn had come to the Parks and Rec Commission last year and got the approval there, that is probably where that approval comes from and I think Gary is going to follow-up with that and that is what had happened last year. 2 . He said I also have a concern with number 9 ... the beer gardens and alcohol. I kind of have a problem with that, as t his is not only a car show, but an Englewood family type of eve nt. Cars , lots of peo p le and a beer garden ... it is almost like a State Fair type of thing where there is a beer garden , so I would need to know a whole lot more about beer gardens . And I don't know if beer gardens would be a profitable type of situation . In my opinion , certainly a beer garden would be able to reimburse Safety Services for any out-of-pocket expenses for any extra officers there . Going to number 11 , which Ray had added ... the Community Development table or addition there ... I would also ask , and I can do th is as a liaison ... to ask the Englewood Housing Authority to have something . They have their new sen ior housing that should break ground, hopefully in August or September of this year ... Penn Terrace ... at Pennsylvania and 285 . So, I think that is something that brings in some senior community people . 3 aid th oth r it m th t I w nt d to m ntion w r g rding th art huttl . I would lik to really ncour c,trz ns of th community opl p ,ally from th M II y C nt r , Simon C nt r , Orch rd Pl c • _.; ( Englewood City Council April 16, 2007 Page 9 the Meridian and students ... to weigh in on this issue, either to the City's website or to Council members or to RTD . I think this is a really important issue and I think we really need to be on top of it. 4 . He said I wanted to send out congratulations to ... Chris, I'm sorry I forgot the woman's name that you appointed last week as our new Neighborhood Community Relations person. Maybe you could mention her name. Director Olson said yes, after pretty extensive search ... we had 120 applications ... and as it turns out it is Toni Geier and she is already a City employee . She is a records technician over in Safety Services and she did very well . She had an interview with the City Manager and we decided that she would be somebody that is going to interact very well with the community, so she is going to be our new Community Relations Specialist starting at the end of this month . We will introduce her at some other function to all of you as well when it gets closer to that time. Council Member Woodward said I am looking forward to her coming on board in that position and seeing the Neighborhood Watch get going again on quarterly meetings and stuff. I know I have had some feedback from other block captains regarding what has happened to Neighborhood Watch, so I think that is great. Director Olson said she is going to have a lot of things that she is going to be responsible for and that will be one of them. Mr. Woodward said that is great. Well, congratulations to her and to the department. 13 . City Manager's Report (a) City Manager Sears said thank you Jim for bringing that up . I had asked Chris to be ready for it. She still has a couple more weeks to go, so I wanted to kind of do a big splash with kind of all the information of her background . She does have a Criminal Justice degree and so she has a very strong police background even though she is actually currently a records clerk, but really chose Englewood and really worked closely with Nancy Peterson . And, I know that Chris did do an excellent job . There were several community members on the Board that were part of this and they were very excited with her background and experience . Hopefully we will have a full splash in a week or so outlining where her duties are . (b) City Manager Sears said we also have a couple of people in our Public Works Department here ... an operator, I know , who did a lot of the work , and Del Montgomery who is back here , along with Ladd . So it was not only the funding , but we really have an outstanding crew that worked tirelessly durin g the winter time . I just thought it was kind of nice to see them at the meeting and to recognize them . 14 . City Attorney's Report City Attorney Brotzman d id not have any matters to bring before Council. 15 . Adjournment SYN MOVED TO ADJOURN . The meeting adjourned at 8:10 p .m . _(· MEMORANDUM May 7, 2007 To: Englewood City Council From: Brett Ginther -Subway 4696 South Broadway Subject Remodeled Subway reopened We have recendy (Friday, April 20) completed a major expansion and remodel of our Subway store at 4696 S. Broadway, Englewood. We are really excited to finally have it done. The building was expanded by approximately 400 sq. feet and the store exterior redone in stucco and stone. New landscaping and the standard "Englewood iron fence" were added. The store was closed for seven weeks for the remodeling and expansion. We updated and expanded the seating from 22 seats prior to 48 seats now and completely refurbished the interior. Customers can now enjoy the "Subway Radio Network" on our sound system and a HDlV has been added in the dining area. We are very proud of our new look. This truly was an "extreme makeover". The Subway store has been at this location since 1992. With this "new" store we are looking forward to continued growth on Broadway. I would like to express my appreciation to the City of Englewood for the constructive approach taken to our project There were many aspects of the project that required review and judgment by various City Departments. While not aH issues were resolved in my favor, I believe that the people in Planning, Building, Engineering, Zoning, Community Development and the other Departments did their best to keep the City's Interests in mind while not confounding my efforts to improve thisa~_;~ City personnel were prompt in responding to our architect and our contractor a ~I in our attempts to keep the process moving . I sincerely appreciate the City of E 's attitude toward smal business on Broadway . I have attached pictures of the Ribbon Cutting Ceremony from Friday April 20, our first day in the expanded/remodeled store , as well as BEFORE and AFTER pictures. -Original Message- From: DOOLEY GEHR frnailto:tdgehr4106@msn .com] Sent: Tuesday, April 24, 2007 8:22 AM To: Mike Flaherty Subject: Resignation Michael... Olga had asked me to send you a letter of resignation . Due to "other commitments" I must resign at this time, effective Monday, April 23, 2007. 8a PROCLAMATION WHEREAS , each year the City Council of the City of Englewood, Colorado honors a Citizen of the Year who has made significant contributions to the community of Englewood; and WHEREAS, Nancy Peterson had a measurable impact during the man ) 1ears she served as Community Relations Officer in Englewood 's Department of Safety ~ervices; and WHEREAS, Nancy Peterson is probably best known throughout the community in her role as "Officer Nancy," coordinator of Englewood's Neighborhood Watch program, which has received numerous local, state, and national awards for outstanding participation in the National Night Out crime prevention events ; and WHEREAS, during her tenure with the City of Englewood, Nancy Peterson also coordinated a variety of community events and programs, including the annual Fourth of July Festival, the Christmas Crusade for Children, and the award-winning Neighborhood Watch Speed Pledge program; and WHEREAS , the Englewood City Council wishes to honor Nancy Peterson for her many outstanding contributions to the Englewood community and the positive impact she has had over the years ; NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado hereby take great pride in proclaiming Nancy Peterson as Englewood's Citizen of the Year for 2007 ADOPTED AND APPROVED this 71h da y of May, 200 7. Olga Wo lo syn , Mayo r Laurett Barren ti ne, City Council Member Jim Woodward, Mayor Pro Tern Bob M c caslin , City Council Member 8b PROCLAMATION WHEREAS, the Congress and the President of the United States have designated May 15th as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS , the members of the law enforcement agencies within the State of Colorado play an essential role in safeguarding the rights and freedoms of the citizens of the State of Colorado; and WHEREAS , it is important that all citizens know and understand the problems, duties and responsibilities of their law enforcement agencies, and that members of our law enforcement agencies throughout Colorado recognize their duty to serve the people by safeguarding life and property; by protecting them against violence or disorder; and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the law enforcement agencies within the State of Colorado have grown to be modem and progressive, and unceasingly provide a vital public service; and WHEREAS , the General Assembly calls upon all citizens of the State of Colorado and upon all patriotic, civ ic and educational organizations to observe Police Week and Peace Officers Memorial Day; NOW THEREFORE, I , Olga Wolosyn, Mayor of the City of Englewood, Colorado , hereby proclaim the week of May 13th through the 19th, 2007, as : POLICE WEEK and I urge all citizens of Englewood, Colorado to join in the commemoration of police officers , past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to the City of Englewood and, in doing so , have established for themselves an en vi able and enduring reputation for preserving the rights and security of all citizens and Ma y 15 , 2007 is hereby proclaimed: PEACE OFFICERS ' MEMORIAL DAY and I urge all citizens of Englewood, Colorado to recognize those police officers who have made the ultimate sacrifice or who have been disabled in the line of duty . GIVEN under my hand and seal this 7th day of May , 2007 . I a Wo los yn, Ma yo r 8c ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 26 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN XCEL ENERGY AND THE 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 2150 South Wyandot Street from Xcel Energy; and WHEREAS, the appropriation was to acquire this property consisting of approximately I 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 I. 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 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 20 th day of April , 2007 . Read by title and passed on final reading on the 7th day of May, 2007 . 9 bi Published by title as Ordinance No._, Series of 2007, on the l th day of May, 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007 . Loucrishia A. Ellis ( PURCHASE AND SALE AGREEMENT THIS 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 l. Definitions . The following terms shall have the meanings set f01ih 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 W an·anty Deed Title Company Receipt and Aclmowledgment 1.2 Closing . Concun-ently, 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 T itle Company or at such other place, date and tim e as Seller and Purchaser may agree. 1.4 C ommitment. Th e ti tl e insuranc e commi tment with respect to the Proper ty de scribed in Section enti tled "Titl e Eviden ce". 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 fonn attached hereto a s Exhibit D . 1.7 Feasibility Period . The time period commencing on the Effective Date and ending thirty ( 0) days after the Effective Date . 1.8 Property. The real property located generally at 2150 W . Union Ave ., Englewood, Arnp h e County, Colorado, described on Exh1b1t A attached hereto . A T A C H M E N T 1 ~------- 1.9 Permitted Exceptions . TI1ose matters approved by Purchaser in accordance with the Article entitled "Title Examination". 1.10 Purchase Price. The Purchase Price shaJI be Fo1iy-four Thousand US Dollars and no/100 (US $44,000 .00). 1.11 Survey . The survey of the Property described in the Section entitled "Title Evidence". 1.12 Title Company . Stewati 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 ALTA Owner's Policy of Title Insurance to be issued pursuant to the Title Conunitment. A1ticle 2. Purchase and Sale. Seller hereby agrees to sell, and Purchaser hereby agrees to purchase, upon and subject to the te1111S and conditions hereinafter set forth, the Prope1iy . Article 3 . Purchase Price. 3 .1 Manner of Payment. The Purchase Prtce 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. TI1e Earnest Money shall be non-refundable to Purchaser upon expiration of the Feasibility Period, except as provided in A1i icles 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 again st the Purcha se Pri ce at Closing . Purchaser aclmowledges that the non -refundable character of the Earn est Mon ey is to compensate Seller for its costs incun-ed in connec ti on wi th th is Agreeme nt and its lost opportunity costs in taking the Pro p erty off the market. Subject to Purchaser's right to terminate this Agreement as provided in the Articles entitled "Correction of Title", "Feasibility Period", "Condenmation", 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 Earnest Money as liq uidated damages an d not as penalty, in full satisfaction of claims against Purchaser hereunder and as Seller's so le an d exclusive remedy for such failure. Seller and Purchaser agree that the Seller's damages resulting from Purchaser's default are difficult, if not impossible, to determine and the Earnest Money is a fair and reasonable estimate of those damages which has been agreed to in an effort to cause the amount of said damages to be certain . Accordingly, Purchaser and 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 cashier's check or federal wire transfer of immediat ely available fund on the losing Date. 2 ( Article 4. Closing. 4 .1 Seller's Closing Deliveries. At Closing, subject to delivery by Purchaser of the Purchase Price and performance of its other obligations under this Agreement, Seller shall execute, aclmowledge (where appropriate), and deliver to Purchaser the following, each dated as of the Closing Date: 4 .1.1 A Special Warranty Deed conveying to Purchaser the Property, subject 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 liens, banlcruptcies, parties in possession, mechanics' or materialmens' liens and other matters affecting title to the Property in customary fonn as may be reasonably required by Title Company to delete the so-called "standard 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 Closing, Purchaser shall cause the following to be delivered to Seller: 4 .2.l The Purchase Price less the Earnest Money, as adjusted pursuant to Section entitled "Closing Adjustments", by cashier 's check or by federal 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 normal 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 law . 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 Closing deliveries described in the Sections entitled "Seller's Closing Deliveries" and "Purchaser's Closing Deliveries" with Title Company with appropriate instructions for recording and disbursement consistent with this Agreement. 3 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 period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto. 4.4.3 Purchaser shall pay the documentary fee required in 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 "Correction of Title". Purchaser will pay the cost of recording 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 each p ay it s own attorn eys' fee s incurred in connection with th is 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. I. I Within ten (10) business days after the Effective Date, Seller, at its sole cost, shall fumish 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 acknowledges receipt of a current survey of the Property, prepared and certified by Sellards & Grigg, Inc . dated April 2004 and revised May l 0, 2006. The survey shall be in compliance with state regulations CRS 38-51-106. 5.2 Purchaser's Objections and Reguirements. Purchaser shall be allowed thirty (30) days after the Effective Date for examination thereof and making any objections to the form 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 Tem1inate 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 Pem1itted 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 th e requis ite power and authority to enter into and perform this Agreement and the do cumen ts and ins tru ments required to be executed and delivered by Seller pursuant hereto. Thi s Agreement has been du l y executed and d eli v ered by Seller and is a val id and b in d in g obli gation o f S ell er enforceable in accordance with its terms . This Agreement and the documen ts and instruments required to be executed and delivered by Seller pursuant hereto have each been (or prior to the Cl osing 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 banluuptcy 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 eller s assets, (iv) suffered the attachment or other judicial eizure of all, or substantially 11, of Seller's as ts (v) admitted in writing its inability to pay its debts as they come due, or (vi) made n offer of se ttlement , extension or composition to its creditors generally. 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 knowledge, 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 correction of any condition with respect to the Property, or any part thereof. Seller has not received notice of, and has no other knowledge 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 Warranties", 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. Further, notwithstanding anything to the contrary herein, the liability of Seller hereunder, if any, shall be limited t o the Purchase Price of the Property. Subject to the fo r egoing, Seller's representations and warranties shall surviv e Closing, provided Seller shall have no l iability with respect to any breach of a particular r epresentation and wrunnty if Purchaser shall fail to give notice to Seller within a reasonable time after discovery and to commence 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 knowledge of, or notice to, Seller, such knowledge or notice is limited to the actual knowledge of or notice received by Gina Bulloch, provided nothing in this Agreement w ill 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 p er sonal li ability arising out of th is Agreement or the representations made herein. 6.2 P urch as er's Representati on s and Warranties. Purch aser re presents and warrants t o S ell er as of the Effective Date of this A gr eem ent as foll ows: .. 6.2.1 Purchaser has been duly organized under the laws of the State of Colorado, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments 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. This Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant hereto have each been duly authorized by all necessary corporate action on the part of Purchaser and that such execution, delivery and perfonnance does and will not conflict with or result in a violation of Purchaser's articles of incorporation or by-laws r 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 ubject. iled any Pur ha er' 6 .2 .2 Purchaser has not (i) made a eneral ssignment for the benefit of creditors, (ii) involuntary petition in bankruptcy or suffered the filing of any involuntary petition by red1t r , iii) uff ered the appointment of a receiver to take possession of 11 or substantially all of Purchaser's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially 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 generally . The foregoing representations and warranties are express representations and warranties which Seller shall be entitled to rely on regardless of any investigation or inquiry made by, or any lmowledge of, SeJler. Consummation of this Agreement by Seller with lmowledge 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 shaJI survive Closing. A1ticle 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 Prope1ty . 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, w ithout additional cost to Purchaser, shall provide Purchaser access to copies of all survey s, engineering studies , feasi b ili ty studies, soil and water test results, environmental studies or r ep01ts, maps , plats , contracts, documents , agreements , permits, 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. In 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 confidenti al and shall 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 Purchaser's investigation and perform its obligations hereunder, and subject to such third party 's agr eeme11t t o maintain th e information as confidenti al. Confidential information shall be disseminated within the Purchaser's organi zati on and within third p arty org anizati ons on a "need t o know" basis only. The Purchaser will keep this information confidential unless disclosure is required by law or comt order and agrees to notify Seller of Purchaser's intent to disclose pursuant to such Jaw or court order five (5) business days prior to such disclosure . 7.3 SeJler does not warrant the accuracy of any record, document or infom1ation made available to Purchaser or any of the records or documents . Statements of fact or opinion contain ed in any record, documents or information made available to Purchaser shall not be deemed to be a representation or warranty hereunder. The records, documents or information made available to Purchaser are being provided to Purchaser for informational purposes only and shall be read in the context that they were prepared by Seller or Seller's consultants for intercompany use without expectation that such documents would be disseminated to fuird parties in connection with this transaction. Further, it is agreed that Purchaser is responsible for its own due diligence despite receiving information and documentation relating to the Property from Seller. Purchaser agrees that Purchaser may independently verify such information provided by Seller and Purchaser releases Seller from any and all liability, damages and cl im ass ci ted wiili Purchaser's reliance thereon . The Seller agree that it will not purpo efully 7 forward any documentation or inforn1ation to the Purchaser which to the best of Seller's knowledge, without duty to inquire further, is false . 7.4 Purchaser may tern1inate 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 all cost and expense associated with , any and all 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 constru ed to merge with the passage ot title to the Property and shall survive Closing or termination of ._this Agreement. 7.6 The Property is sold by Seller and acquired by Purchaser "As-Is, Where-Is, With All Faults" with no right of set-off or reduction in the Purchase Price, and that except as explicitly set forth in this Agreement or in the Deed (with respect to warranties of title) such sale shall be without representation or warranty, express or implied , either oral or wri tten , made by Seller or any agent or representative 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 with any Jaws, ordinances or regulations of any government or other body . Purchaser acknowledges and agrees that Seller has not made and does not make any representations , warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to wan·anty of income potential, operating expen ses , 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 rely ing entirely upon information and knowledge obta ined fr om its own investigati on, ex p erienc e, or personal inspection of the Property . Effective at C lo si ng, Purchaser relea ses Seller from all environme nt a l and other acti on s, claims , lo ss, inj ury , or lia bilities with respect to the Property, arising from operations or activities pri or to Closing, whether such liability is imposed by 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 Superfund Amendments and Reauthorization Act and the Hazardous Materials Transportation Act, all as amended, and all other comparable federal, state or local environmental, conservation or protection laws, rules or regulations . Effective at Closing, Seller expressly assumes all environmental and other actions, claims, loss, injury, or liabilities with respect to the Property, arising from operations or activities following the Closing, whether such 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 Federal Water Pollution Control Act , the Safe Drinking Water Act , the Toxic Substances Control Act, the Superfund Amendments and Reauthorization Act and the Hazardou Material Transportation Act, all a amended and all other comparable federal, tale or loca l environmental, conservation or protection la , rule r re ul tion . tatements of :fi ct or di Jo ure , if ny, m de by eller in thi Agreement, or ( l in connection with this Agreement, do not constitute warranties 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"). Selier 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 SelJer 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 all obligations hereunder (except as to obligations which expressly survive termination), and the Earnest Money shall be returned to Purchaser. In the event Seller obtains the Indenture Release, the closing will occur on the Closing Date. Article 9. Reserved Interest. The Deed shalJ reserve to Seller 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 Barriers . Purchaser shall install protective barriers, approved by Seller, around the existing transmission tower and any future tower(s) located on the Property. Said protective barriers shall be either (I) jersey barriers, 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 connnenced against any material portion of the Property, Seller shall immediately give notice thereof to Purchaser, and Purchaser at its option (to be exercised within fifteen (15) days after Seller 's notice) may either (a) terminate this Agreement, in which event both parties shalJ be released from alJ liabilities and obligations hereunder, except those which expressly survive termination, 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 . Ea ch 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 ha r mless from all liabilities suffered relating to any brokerage commission or finder 's fee incurred as a res ult of their respective actions . The provisions of this Article 12 shall survive Closing or termination of this A gre ement. 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 writing 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 tem1ination of this Agreement and, upon any such termination, 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 fo r 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 term hereof, the prevailing party shall be entitled to recover its reasonable costs and attorneys ' fees . This provision shall survive termination of this Agreement. Article 14 . Assignability. Purchaser may not assign its rights under this Agreement other than to a Permitted 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 common control with Purchaser. Any Assignee must assume all of Purchaser's agreements and obligations under thi s Agreement and no assignment shall constitute a release of Purchaser from its liability and agreements . Article 15. Confidentiality. Seller and Purchaser agree to retain the confidentiality of the terms of this Agreement prior to Closing 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 structur e of the transaction 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 Sll fficiently given and shall be deemed given when delivered personally or when mailed by certified or registered mail, return receipt requested, postage p r 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 1 s•h Street, Suite 1000 Denver, Colorado 80202 10 ( ( With copy to: If to Purchaser: Jennifer Thulien Smith, Esq . Xcel Energy Services Inc . 414 Nicollet Mall, 5th 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 . Any notice given in any other manner shall be effective only upon receipt by the addressee . Article 17 . Miscellaneous. 1 7 .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 party benefited by such term. 17.2 Surv ival : No Merger. The terms of this Agre ement 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 applicati on of such term shall not be affected thereby. 17 .5 Time o f the Essence. Time is of the essence un der 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 of Inclusion . 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 includ e th e pl ural 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 limited to", (ii) "terms" shall mean "terms, provisions, duties, covenants, conditions, representations, wa1nnties and indenmities", (iii) "any of the Property" shall mean "the Property or any part thereof or interest therein", as the case may be, (iv) "rights" shall mean "rights, duties and obligations", (v) "liabilities" shall mean "liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expen es, including reasonable attorneys' fees", (vi) "incurred by" sh 11 mean "imposed upon or suffered or incurred or paid by or as erted against", (vii) "applicable 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 Binding 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 Counterparts . 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. 17.10 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 COMP ANY OF COLORADO PURCHASER: CITY O F ENGLEWOOD a Ho m e Rule m un icip al corporation By: Dat e : Mayor Olga Wolosyn 12 ATTEST: 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 61 1, 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 corner 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 retained 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) fee t 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 . TOGETHER 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 th ~f:,~S~ five (5) feet, and together with the :Mrtherly twelve (12) feet of the parcel described in Exhibit 1, together with the right to enter upon said p~emises 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 trinuning 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 pem1it the operation of standard utility construction or repair machinery . TOGETHER WITH : A strip 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 : Commencing at the southeast corner of the parcel described in Exhibit I, being a point on the east-west centerline of Section 9, Township 5 South, Range 68 West of the 6111 Principal Meridian, County of Arapahoe, State of Colorado, whence the West one-quarter corner 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" Wes t, along the centerline of said strip, a distance of 157 .69 feet to the POINT OF TERMINATION on th e north line of said parcel. Said seventy-five-foot strip 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 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 and appurtenances used or useful in 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 Exce1>tions [To be added pursuant to Section 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 lfome 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 permission for its authorized employees and representatives to enter the Property. C. PSCo is willing to provide Purchaser with such access under the terms 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 firms performing the Work will be subject to PSCo 's reasonable approval, prior to any entry onto the Property . Further, Purchaser shall provide PSCo with written notice of its intention to enter the Property 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 immediately 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 termination if context so requires including without limitation the indenmities 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 injury of any person, claims from materialmen or laborers, or from the physical damage to or environmental contamination of the Property, arising 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 instructions related to safety as such arc made known to Purchaser during its presence on the Property. 6 . At all times while on the Property, Purchaser shall be accompanied by a PSCo representative, unles o th erwi e authorized by PSCo in advance . Purchaser shall provide PSCo with a copy of any 15 completed rep01t 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 obligations hereunder, and subject to such third party's agreement to maintain the information as confidential. Confidential information shall be disseminated within Purchaser's organization and within third party organizations on a "need to know" basis only. In the event that Purchaser does not acquire the Property for any reason, Purchaser will deliver 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 Automotive liability Amounts Statutory. $1,000.000 each occunence. $2,000,000 aggregate. $1 ,000 .000 each occu1Tence . $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 parties with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements an d understandings relating to the subject matter hereof. 11 . This Agreement shall bind upon an d inure to the benefit of the patties hereto 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 executed by the parties hereto 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 tenus or covenant contained in this Agreement, whether by c onduct or otherwise, in any one or more instances shall be deemed to be construed as further or continuing waiver of any such breach or a breach of any other tem1 or covenant of this Agreement. 16 ( ( IN WITNESS 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 17 EXHIBITC When recorded, 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 Infom1ation 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 aclmowledged, hereby sells and conveys to the City of Englewood, a Home Rule municipal corporation, with an address of 1000 Englewood Parkway, Englewood, Colorado 80110 , the property located in the County of Arapahoe, State of Colorado, described on the attached Exhibit 1. Grantor warrants title against all persons claiming under Grantor, excepting taxes and assessments for the year 2006 and thereafter , 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: ____________ _ Patricia K . Vincent, Presi dent and CEO The foregoing instrument was aclmowledged 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. Notary Public My commission expires----------- 18 ( 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 bolds 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 ----· ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL AGREEMENT ENTITLED "CONTRACT FOR UPGRADING HIGHWAY /RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM", PERTAINING TO THE INSTALLATION OF INTERCONNECT RAILROAD PRE-EMPTION CIRCUITRY AT DARTMOUTH AND TEJON INTERSECTION BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION, THE 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 haz.ards at certain highway/railroad grade crossings; and WHEREAS, in 2004 the City 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 of Railroad pre- emption devices that will detect oncoming trains and activate the traffic signal pre-emption feature ; and WHEREAS, upon activation the traffic signal will then stop all vehicular traffic across the railroad tracks for the duration of railroad pre-emption; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I : The "Intergovernmental Agreement entitled "Contract For Upgrading Highway/Railroad Grade 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 . Read by title and passed on final reading on the 7th day of May, 2007 . Published by title as Ordinance No._, Series of 2007 , on the 11th day of May, 2007 . Olga Wolosyn, Mayor ATIEST: 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 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 DEVICES 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, fonnerly known as the "The Burlington Northern and Santa Fe Railway Company'', hereinafter refeiTed 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 thereofremains available for payment in Fund Number 400, Appropriation Code 010, Function 3987, Object 2311 1 P, 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 ordinan ce or r esolution duly passed and ad opted 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 available for the elimination of hazards at certain highway/railroad grade crossings on the 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 the Section 130 Program. WHEREAS, this project selected w1der the Section 130 Program is eligible for funding at the rate of 100% Federal-aid funds provided the project costs are incurred in accordance with the conditions set forth herein, all without cost to the BNSF, it being understood that such ratio applies only to such costs as are eligible for Federal participation; and A T A C H ;:.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 improvements that consist of installing: new bungalow, motion circuitry and preemption for traffic signal, as more specifically 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 Inventory 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 this contact for project SRP M395-014, 15983; and WHEREAS, the BNSF has agreed to be responsible for the installation and operation of the circ 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 perfonned 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 CFR 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 tenn "Eligible Charges" shall include only those actual incurred costs, as provided in 23 CFR, Part 140, which are directly attributable to Project No. SRP M395-0I4, 15983, and which are incurred following written authorization by the State for the various work functions, except as provided in Article II, Section A. 7. The term "Railroad Work" shall consist of work done by BNSF 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 ofthis 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! SubpartB 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 CDOT Form No. 463 which the State has developed. Said CDOT Form No . 463 shall be part of this contract by reference. Only those crossing warning device improvements provided in the final CDOT Form No. 463 for this project are eligible for federal-aid participation under this contract. ARTICLE II C OMMITMENTS ON THE PART OF THE LOCAL AGENCY SECTION A. PRE-CONTRACT ADMINISTRATIVE TASKS Certain 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 Agency or the State shall be eligible for reimbursement from project funds . Said tasks include, but are not limited to, preparation ofCDOT Form No. 463, attending pre-design meetings, 4 obtaining FHW A approvals and preparation of this contract. In 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 rv, 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 CDOT with the cooperation of the Local Agency shall coordinate cross in g improvement work and shall inspect the Railroad Work performed by BNSF forces . The Lo cal Agency shall not initiate or authorize any crossing improvement work, includ ing the Railroad Work until the · State has issued the Notice to Proceed, Article N, Section A, to the Local Agency and the BNSF. In 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 s u ch issuance. The Local Agency shall be responsible for providing a traffic control during Project Work that meets the criteria of the most current edition of the MUTCD . SECTION F. RAILROAD COMP ANY BILLINGS Upon receipt of the Railroad Company'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 performed hereunder to ensure that the billings are for Eligible Charges s 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 FHWA 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 COMPANY SECTION A. CROSSING AT GRADE 1. W aming 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 Noti ce 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 of this contract, the BNSF shall submit a general plan showing the crossing, the type(s) and location of crossing warning devices to b e installed, and the approximate approach lengths and/or warning time for the d ev ic es along with an itemized co st e stimate (Exhibit C) fo r the propo sed R ailroad Work t o the Local Agen cy and the State. Said estimate sh all take into account the value of all existing material 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 form 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 the prior written concurrence from the Local Agency and prior written authorization by the State. The BNSF shall be responsible for cost increases resulting from unauthorized changes in the Railroad Work. 6 ( 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 Stat e a copy of the completion notice the Railroad Company furnishes to the PUC. SECTION C. RAILROAD COMP ANY'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 M395-011, 159 1 83. EACH JNVOICE. 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 complete reimbursement for that work, and the State may close out the project with no further 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 pr ovi sions of the s aid Civil Ri ghts Exhibit in every subcontract ; in cluding procurement o f 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 ADMINISTRATION 1. Approvals by the State. The State, acting in the relative position of the FHW A, shall be responsible for approving the various work functions relative to this project. The work functions include, but are not limited to, preliminary engineering, right-of-way, utility adjustments, Railroad Work, and work by the Local Agency. 2 . Notice to Proceed. The State's Civil Project Manager, Region 6, shall issue written Notice to Proceed for the various work functions as may be required . The State's issuance of 7 authorization to proceed with the Railroad Work shall be contingent upon the PUC approval. Any work function performed by the Local A gency 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 perfonned 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 Stat e 's receipt of an inv oice, the State shall pay interest to the Railroad Company not to exceed 1 % per month unti l payment is made, subject to the terms and conditions of section 24-30-202 (24), C.R.S. ARTICLEV ADDITIONAL PROVISIONS SECTION A. FINANCIAL PROVISIONS T h e t o t a l encu m b r ance for proj ect num b er SRP M395-014, 15983, is $88,233.00; Federal funds are 100% of the amount for crossing protection devices. The State's maximum financial 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 equivalent 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 his designee. If actual project costs exceed the total budget, such costs shall be borne 8 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. REPRESENTATNES I . To Local Agency: Ladislav Vostry Traffic Engineer Dept. of Public Works City of Englewood I 000 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 C ity, KS 66106 phone: 913 -551-4964; fax : 913-551-4794 3. To State: Ron Dickey C ivil Projects Manager 11 Color ado D epartment of Transportation D en ver, C O 80222 phone: 303 -757-9910; fax 303 -757-9988 4 . Billings Sen t To: H ayne Hutchinson Railroad C oordinator Safety and Traffic Engineering Branch Colorado Department of Transportation 42 01 E ast Arkansas Avenue . 3n1 Floor D en ver, C O 80222 phone: 303-757-9268; fax: 303-757-92 19 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 ofroadway in the vicinity of the crossing beginning at the railroad crossing advance warning signs and extending to the ed g e of the concrete crossing surface and the transition between the roadway and the crossing sur face . 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 ofth . crossing warning devices installed hereunder, the Railroad Company shall be free to apply for such funds. The Raihoad Company shall not be responsible for maintaining the roadway approaches. SECTION D. NO BENEFITS TO THE RAILROAD COMP ANY In accordance with Paragraph 646.210 (b)(l) of23 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, and this contract shall thereupon become null and void. In the event of any such cancellation, the S tate shall r eimburse the BNSF for all related preliminary engineering costs incurred b y the BNSF pri or to th e effective cancellation d ate . SECTION F. FUTURE USE OF W ARNThl'G DEVICES If, hereafter, by agreement, negotiation, or order of competent public authority, the grade crossing warning devices are rendered unnecessary, und esirab le or improper b y closin g of said crossing, by relocation, by separation of grades, or by developments or improv ement s 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 reinstalled at that location by the BNSF under a separate agreement for relocation between the State, Local Agency, and the BNSF, as approved by the PUC. If the Local Agency widens the highway, 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 FHWA. The covenants stated in Sections C and F of this Article shall 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 required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this 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, INDEMNIFICATION, 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 following: 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 law, in the amounts required by law, and shall be solely responsible for the acts of th e ontractor, its employees, 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, execution, 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. COl~TROLLER'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 of Colorado or such assistant as he may designate. 2 . FUND AVAILABILITY. CRS 24-30-202 (5 .5) Financial obligations of the Sta te of Colorado payable after the current nscal year are contingent upon funds for tha t purpo se being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION . 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 as a result of any act or omission by the Contractor, or Its employees, agents, subcontractors, o r assignees pursuant to the terms of this controct. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACrOR 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 WHEN 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 UNEMPl.,OYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY f OR OR OTHERWISE PROVIDE SUCH COVERAGE . CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS , LIABILITY, OR UNDERSTANDING EXCEPT AS EX PRESSLY 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, ITS EMPLOYEES AND AGENTS. 5. NON -DISCRIMINATION . The contractor agrees to comply with the letter and the spirit of all applicable state and federal law s respe cting discrimination and unfair e mployment practices. 6 . CHOICE OF LAW. The laws of the State of Colorad o and rules and regulations issued pursuant thereto shall be applied In the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not Incorporated herein by reference, which pr ovides for arbitration by any extra-jud ic ial body or person or which is otherwise In connict with said laws, rules, and regulations shall be considered null and void . Nothing contained in any provision Incorporated herein by reference which purports to negate this or any other special provis ion In whole or In part shall be valid or enforceable or available in any action at law whether by way of complai nt, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not Invalidate the r emainder of th is contract to the extent that the contra ct Is capab l e of execution . At all times during the performance o f this contract, the Contractor sha ll strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established . 7 . VENDOR OFFSET. CRS 24-30-202 (1) & CRS 24-30-202 .4 Pursuant to CRS 24 ·30·202.~ (as amended), the State Controller may withhold debts owed to State agencies under the vendo r 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 found 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 fund s payable under this Contract shall be used for the acquisition, operation, or maintenance of computer software In violation or United States copyright laws or applicable licensing restrictions . The Contractor hereby certifies that, for the term or this Contract and any extensions, the Co ntractor has In place appropriate systems and controls to prevent such Improper use or public funds . lf the State determines that the Con tractor Is In vlolatlon of th is paragraph, the State may exercise any remedy available at law or equity or under this Con tract, Including, without limitation, Immediate termination or the Contract and any remedy consistent with United States copy r ight laws or applicable licensing restrictions. 9 . EMPLOYEE FINAN CIAL INTEREST. CRS 24-111 -201 & CRS 24 ,50-507 The signatories aver that to their knowledge, no employee of the State of Colora do has any personal or beneficial Interest whats oever In the service or property described herein . 10 . ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES. CRS 8•17 .5-101 and Public Law 208 , 104• CongrH1 , as amended and 911J111nd~ In Public LIW 1&e , 106~ Congres s, a amonded SPECIAL PROVISIONS PARTIES HERETO HA VE EXECUTED THIS CONTRA.CT STATE OF COLORADO BILL RITTER, JR. GOVE R Gabriela C. Vidal, P .E. Branch Manager Safety and Traffic Engineering Attest. ________ _ APPROVED : JOHN SUTHERS Attorney General By __________ _ K athryn Y oung A ssit. A ttorney General BNSF RAIL WAY COMP ANY Federal Employer Identification No . 41-6034000 4515 Kansas Avenue Kail'sas City, KS 66106 CITY OF ENGLEWOOD By ___________ _ Title __________ _ I 000 Englewood Parkway Englewood, CO 80110 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 begin 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 OFTHE STATE OF COLORADO DOCKET NO. 06A-630R IN THE MATTER OF THE COLORADO DEPARTMENT OF TRANSPORTATION, ON BEHALF OF THE CITY OF ENGLEWOOD FOR AUTHORJTY 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 Conunission (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 ad j a cent property owners in accordance with § 40-6 -108(2), C .R .S . The Notice was mailed Novemb er 2 1, 2 006 . Before the rublic Utilities Commission of tht: State or Colorado Decision No . C06-I 506 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 exi sting underground conduit structure and direct buried copper cable para ll el 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, mo d ify, re locate or otherwise preserve any Qwest faci lities, the requestor will be billed for all costs associated with any required activities. 7. The proposed crossmg safety improvements will not involve any roadway construction other than that necessary to install the interconnection and warning ci rcuitry. ( ncrorr the l'ul>lic Utilities Commission or the Stntc or Colorado Decision No . C06-J50(; DOCKET NO . 06A-li30R CDOT also commits that all signing and striping will be installed in accordance with provisions of the Manual on Unifonn Traffic Control Devices (MUTCD). Because of the scope of work for this project, CDOT does not provide detailed plans and profile drawing pursuant to Commission Rules 4 CCR 7204(b)(XII) and (XIII). Our Rule 7204(b) allows an applicant to omit required information 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 agrey 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 w ith preemption, constant warning time circuitry and a new bungalow at the cros sing o f 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 . COOT slates the c urrent 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 sp ed of 1 O MPH with a projected increase to three trains per week by 2011. Construction is exp cted to begin January I, 2007 and end with commencement of crossing operations by mber 1, 2007 . Before the Pub lie Utilities Commission of the State of Color-ado 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 7211 (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-I06(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: 1. The application is deemed complete within the meaning of§ 40-6-109 .5, C .RS. 2 . The intervention filed by BNSF Railway Company (BNSF) is granted . 3 . The application filed by the Colorado Department of Transportation, Division of ng ineering and Maintenance (CDOT) is granted . 4 . COOT is authorized and ordered to proceed with c rossing improvements nsi tin o f new interconnect circuitry with preemption , constant warning time circuitry and 4 , Defore the l'ulJlic Utilities Commission of Ilic State of Calorado Decision No . C06 -1506 UOCKET 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 information 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 721 l(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. CDOT 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, reargument, or reconsideration, begins on the first day following the e ffective date of this Order. 11 . The Commission retains jurisdiction to enter further required orders. 12 . This Order is effective on its Mailed Date. _____ ..:.._ ________________ _ D eels Ion No . C06-I S06 Before the Public Utilities Commission or the State of Colorado DOCKET NO. 06A -630R B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING December 28, 2006. (SE AL) AlTEST: A TRUE COPY Doug Dean, Director THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO GREGORY E. SOPKIN POLLY PAGE CARLMJLLER Commissioners G :\oRDER\C06 . t 506 _ 06A-630R.doc :MSC ( ( ' MA!HTAJH PROPRIETARY CONFIDENTIALITY -----................................................. ·---------------··--·-····-·····---------------.......................................... . ...... ····· ··· · · · ·· ··· · · · ·· · · · ·· ··· · ·· · · · ·· ·· · ··· ··· ;;;·a iii;;;ii iii!i'.i~ co;;;;;············ · · &;~;"ii · C LOCATION :- DETAILS OF ESTIMATE ................................. -. ----............. ·-· ........................... ·-· .... -----.. --......... ·-.... ·---.... -............ -....... ---.. -................. -ENGLEWOOD -----·-···-····-········-···········-··-·······-········-·····-··························--·-·-·············-·--···-········ PLAN ITEH: PS I245358A! PURPOSE . JUSTIFICATION ANO DESCRIPTION VERSION : I SIGNAL COST TO INSTALL A NEW BUNGALOW WI MOTION CIRCUITRY & PREEMPTION FOR TRAFFIC SIGNAL INTERTIE AT DARTMOUTH AVE & TETON ST DOT 245358A IN ENGLEWOOD . CO LIS 0483 MP 7.10 ON THE POWDER RIVER DIV . DENVER-SHERIDAN SUBOIV .· THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIYE PAC~AGES 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 HAYE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD . THIS ESTIMATE GOOD FOR 90 DAYS . THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL . LABOR. ANO OVERHEADS . ***•*************************** SIGNAL WORK ONLY******•************************ THE STATE Of COLORADO IS FUNDING THIS PROJECT 1001 . DESCRIPTION -......... -... -......... ----. --. -. -..... --. --. ---. -... -QUANTITY UIH ............... COST TOTAL s 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 **'**"*'**** HATER I AL ............ BATTERY BUNGALOW 6K6 BUNGALOW HATERIAL CABLE CHARGERS FI ELD HATER I AL HETER POLE MISC . MATERIAL PHDJR SYSTEM PREEMPTION HTRL RECORDER TOTAL LABOR COST RTU-6 CELLULAR MONITOR SHUNT . NBS MATERIAL HANDLING USE TAX OFFLINE TRANSPORTATION ............. OTH ER ............. AC POW ER SER VICE CON TRA CT ENGR. FIL L DI RT SURFACE ROCK TOTAL BILLAB LE COST TOTAL MATER IAL CO ST TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF 54 .00 HH 272 .00 MH 64 .00 MH 1. 00 1. 00 1. 00 1.00 I 00 I 0" l. C I. 0 0 l. uo 1. 00 I. 00 l.00 2 .00 EA N EA N LS N LS N LS N LS N [A EA N EA N LS N EA N EA N LS N I. 00 EA 1.00 EA N 10 .00 EA N 10 .00 EA N 1. 277 5 .936 1 .4'7 6 .985 2 .167 7 .795 1 .365 ................. ........... -.... 26 .972 26 .972 2 . 769 7 .612 4 .364 1 .596 684 3 .150 I .SOD 2 .000 9 .848 I .SOD 2 .220 2 .060 I . 058 75 1 .396 500 .............. ..... ······ 42.332 42 .332 5 .000 5 .00 0 250 250 ······-··-· .............. 10 .500 10 ,500 .... ·······-· 7 9 .804 7 .980 439 . ·········· 88 .223 0 ............. 88 .223 ·-········· I : ' . ! I ' i ' I I ' I ! i i I The Burlington Northern & San ta Fe Rsi]JYay Company ~-r-~'1 •t -r-:;~w_j" Id w-/i..,(,,\· JNSTALL;GATES & FLASHERS CONTROL DEVICES: CONSTANT WMNTNG 8Q.J) • JN -OUT SALVAGE:NONE INSTRU1ENT HOUSE BELL HETER CROSSIN(; CONTRCILL CCIHHECTJONS BIDIRECTIOHAt. CROSSING CONTROL UHIOIRECTIONAL CROSSING CONTROL C<U'LER OR TEJU.ilNATION Cil.lAAO RAIL ,~ 4::8 ifA; ',,_,-s, '91'.M, -9-"'' ' ... ,k, DJ~ ~~ I-«) '}IA#rl' ,.,,/tit, l e'<j?r-rt:o ,µ STRE&r /JArt 1t111•._lf /111t · 001 • VJ1\, ¥5J5flf Wo.-n1ng d•v•c• plocem•nt: Cl11er-onc11 to C.L. Track = H,n. 12·.,Q Edge of Rood to C,L. F oundot.,on: M,", 4'J• .. , \h cu.-b. Hin. B'J' without o.urb, Mox, 12" How.e Cleor-onc111 25' Man. to Meo.-R..,,1 38'M1".to Edge of Rood ALL LIGHTS TO BE LED '- ' ~ c...,,t\~ TO 5. fi.J 1J , VfST!C~.,.·Cfft--------.....J ~o~ t BNSF RAIL IYA Y CO. LOCATIONC~/,Co STRF.ETPr.,+""'>rlfi. ,,.i-t . LS :0'/6?; H.P . G,,'J 7'9 DOT • ~ t.J ~358 J:1 DIVISION """"li~r ,tt.,',,,,r SUBO!VISION~-S/.rQdJo. .... , KANSAS CITY I NO SCALE r DATE: \ C"tf r.. ( L_=_E_x._A_,~_,_·f_c_-J_] =~~~s Aivada, CO 8CXX)5 (303)887-3714 (303) 423-4949 fax February 26, 2007 Ladislav Vostry Traffic Engineer City of Englewood 1000 Englewood Parkway Englewood, CO 80110 · 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 theTexas DOT. The fonn 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, ·,Jilt Fred Lantz, P .E. ( ( Version 6 ·10-04 Texas Department of Transportation GUIDE FOR DETERMINING TIME REQUIREMENTS t=OR TRAFFI.C SIGNAL PREEMPTION AT HIGHWAY-RAIL GRADE CROSSINGS cuy £n:;lc woc4, CD Date __ z-/_z._~...,_/_o_'? __ _ County--------...-~ District---------- Completed by _ __,fr-~.ec::;:d.::........;la=~:..!.1..:==---- Dlstrici Approval ----------- Parallel Sllaet Name Tej~"' 51-e Show North Arrow croB&lng Street Name "'Da,J,..,o.Jfl.... Avt!!. --"·-~ _ ... -... Railroad __ 'B ___ N_..5..;.._'F-____ _ Crossing DOT# ---=Z~4~5,_...,3;!1,o,::')'--=8:.......=..A~- . ..... ·-···---...L.---R-ail-ro_a_d_Co_n_ta_ct lenni'e:. hick ft21""\ Phone -~...:..:...::/?,=-~-=~:;;.::=5::::....:.../-_..q.....:....:...:/:3::..:::;.!>_ SECTION 1: RIGHT -OF.WAY TRANSFER TIME CALCULATION Preempt wrification and response time 1. Preempt delay time (seconds) ... . .. .. . ... . . . ... ... .. .. . . . . . .. . .. . . .. . . . . .. . . . . .. . . . ... . 1. [TI 2, Controller response time to preempt (aeoonds) .. . . .. . . . . .. . . . .. . ... .. . .. . .. . .. . . .. 2. ~ Remarb Controller type: ~"D I .'./-c.. 3. Preempt verification and response time (seconds): add lines 1 and 2 ... ...... ...... ...... ... ... .......•.. a. ! f. \ Worst-case conflicting vehicle lime 4. WOrst-case oonflictlng vehicle phase number .. . .. . . . . . .. . . . . ... .. 4. ~ fi. M inimum green time during right-of-way trar:isfar (seconds) . .. .•. .. .. .• .. .. .• .. 5. ; 6 . Other green time during right-of-way transfer (88COnds) ... . . . .. . . .. . .. ... •.• .. . 6. 0 7 . Ye llow change lime (seconds) . .. .. . ... . .. ... ... . .. .. . . .. . .. .. .. .. ... . .. . .. ... ... ... .. . 7 . 4 8 . Red clea ra nce time (seconds) . .. .. . .. . ... .. . . .. ... .. . . .. .. . . . . . .. . . . . .. ... ... ... .•. .. . 8. /, S 0 R8marks 'ft: Joi"\ ~ !b ,+~~.JL. ha.._ic.. Sc:l""~ ,/-,,~ 9 . Worst-case conflicting vehicle time (seconds): add lines 6 through 8 .... .. ...... ... ... ... .. 9. ! q 5 ! Worst-case conflicting pedestrian time 10. Worst-case conmcting pedestrian phase number ... ... .. . ... ... . 10. ~ 11 . Minimum walk time during right-Of•way transfer (seconds) .................... . 12. Pedestrian clearance time during right-of-way transfer (aeoonda) ...•........ R emades 11 . 0 fl~-c ~~:f J ef: 12. 0 'Pc.-J. 0,a.s t!- 13. Vehicle yellow change time . If not Included on line 12 (Moonds) ............ . 13. 14. Vehicle red clearance time , If not included on Une 12 (second•) ............. . 14. ,.s 16 . Wom-cate conflicting oedestrlan time (aeconda): add linea 11 through 14 ............... 1&. ! 5.5 ! Wor1t-caM conflicting vehicle or pedatrian tlma 16 . Worat-cne conflicting vehicle or pedeltr ian Ihle (eec:onds): maxinum oflinu 9 and 15 ........... 1e. l q,5 J 17. Right-of-way tranaf9rtima (Nconda): add 11.,.. 3 and 1t .................................................... ,-........ 17. J /0, G, I Version 6-10-04 SECTION 2: QUEUE CLEARANCE TIME CALCULATION DVCD j CSO DVl i..-------.+i,;;~,--~'----+t l5 Jr---------,4:~ ,J~=::=:!=:::L ____ ~ CSD "' Clear CID"-98 di~,- MTCO " Mil'imum ttac:I( clearance distance DVL • Design vehlae length L " Queue start-up <istance, also lllcJHine dis1ance OVCD = Design vehiae dearance distence Remarks 18. Clear storage distance (CSD, feet) ............................... . 19. Minimum track clearance distance (MTCD, feet) .............. . 20. Design vehicle length (DVL, reet) ................................. . 18.~ 19. zo . Ne> ~~ 0,,, +<dd:.-u~ .J.._. ye,lfi ::,k,t-\)I° ./-~,-.c:. Design vehicle type: W f3 -50 20. 21. Queue start-up distance, L (feel): add lines 18 and 19 .......................... 21. ! ZO Remarks 22. nme required for design vehicle to start moving (seconds): calculate as 2+(L +20) ..... 22. ~--.3 _ __.. 23 . Design whicle clearance distance, DVCD (feet): add lines 19 and 20 ...... 23.1 15 ..------. Froto\ C.hc::rt 24. nmefor design vehide to accelerate through the DVCD (seconds)....................... 24. I J.5 I Readlfom FJgin 21n1n11ruoeiona . 25 . Queue ~Jearmce time (se~onds): add lines 22 and 24 .............. -......................... _ .......... 25.1 14 ,5 ! SECTION 3: MAXIMUM PREEMPTION TIME CALCULATION 26. Right-<if-way transfer time (seconds): line 17 ..................................... ,. 27. Queue clearance time (seconds): line 25 .......................................... . 2B. Desired mlnini.m npandion lime (seconds)·: ................................... .. 2a.~o.~ )' 27. 4 .5 28. 4 29 . Maximum preemption time (seconds): add lines 28 through 28 ................... ·-······ ........... . Sl:CYION 4: SUFFICIENT WARNING TIME CHECK 30. Required minimum time, MT (seconds): per regulations ..... . . 30. 31, Clearance time , CT (seconds): get from railroad................. 31. zo ·O 32. Minimum warning ti~. MWT (aec:orids): ad(f line$ 30 and 31 ....... . ········ 32. 33. Advance preemption time, APT, If provided (seconds): 9et from railro ad .. 33. zo C> Remarks t/r:, 4UeuG a.lo:<,flCt!.. ~ vSc.-lo~ of -f(IM.}..,- \/~. $.f,,rt-ue +,,..e. 29.1 /8,5! Remarks - Excludes buffer time (Bl) 34. Warning time provided by the railroad (seconds): add lines 32 and 33 ...... ... .•. •. .. .. .. .... . .. ... •. .. •. 34. ! 2-0 35. AddWonal waming time required from railroad (seconds): subtraQt line 3'· from line 29, .. ---.. round up to nearaet full second, enter O if IN• than O ........................................................................... , 36. I 0 If the additional warning lime reqund (line 35) is greater than zero, additional wamlng time haa to be requn1ed from the rallroad. Attemauvety , the maximum preell1)tion tlme (Hne 29) may be decreased after performing an en;lneering study to Investigate the posslbilltyofreducing the values on Unes 1, 5 , 8 , 7 , 8 , 11 , 12, 13 and 14. Remarks : ---------------------------------------- Page2 SECTIONS: TRACK CLEARANCE GREEN TIME CALCULAllON (OPTIONAL) Preornpt Trap Check 36 . Advance preemption time (APT) provided (seconds): ......... , , 38. U1111 33 only vaMd If line ss is zero. 37. Multiplier for maximum APT due to train handling .. .. . . .. .. . .. .. . 37. See lnstNClions ror delllll a. 38 . Maximum APT (aeconds): multiply line 36 and 37 ............................... 38. Remarks Version 6-10 -04 39. Minimum duration for the track clearance green Interval (seconds) .. .... .. .. 39. For zero advance preemption time 40. Gates down after start of preemption (seconds): add lines 38 and 39 ...................... 40. I...__ __ _, 41. Preempt verification and response time (seconds): line 3 ...................... 41. c=J Best-case conflicting vehicle or pedestrian time (seconds): usually 0 ...... .. 42 . C==:J Remarks 42. 43. Minimum right-of-way transfer time (saconds): add lines 41 and 42 ......................... 43. I ___ ....., 44. Minimum track clearance green time (seconds): subtract line 43 from line 40 ........................... 44 ... ! ___ _, Clearing of C•r Storage Diatanoe 45. Time required for design veh icle to start moving (seconds), line 22 ......................... 4S . j.._ __ _. 46. 47 . Design vehicle clearance dlntance (DVCD, feet), lin~ 23 ...... 46. C=:=J Portion of CSD to clear during track clearance phase (feet) . . . 47. C=:=J Ramarka cso· in Figure 3 in Instructions. 48. Design vehicle re location distance (DVRO, feet): add fines 46 and 47 ...... -48 .... ! __ _ 49 . Time required for design vehicle to accelerate through DVRD (seconds) .................. .CII ..... ! __ __,j RNdfn:lm Figure 2 In lrillM:llo,,a, 60. Time to clear portion of clear storage distance (seconds): add l ines 45 and 49 ......................... so . I ... ___ _. 61 . Track clearance green Interval (aeconds): mulmum of llnes 44 and 60, round up to naarnt fuU second ··-51 • .,I ___ .,. SECTION 6: VEHICLE-GATE INTERACTION CHECK (OPTIONAL) ~ . 62. Right-of-way transfer t ime (aeconds): l ine 17 ...................................................... 52. § . 53. llme required for design vehicle to start moving (seconds), ijne 22 ....................... 63. 54. Time required for design veh icle to aooelerate through DVL (on Nne 20 , seconds) ...... 64 . RNd from Table 3 In lnattudlona . 55 . Time required for design vehicle to clea r descending gate (MCOnds): add lines 52 though 54 .... . 65 .! ... ___ ... Remalb 66 . Duration d ftaahlng lights before gate deac:ent start (seconds): get from railroad ... ... . 51 .... I __ _ Full gate descent time (aeoonds): get from ralroad .............................. 57. c=J 57. 58. Proportion or non -i nteraction gate descent time ... ...... ......... ................. A . C==:J ,-.s1n:1m ~ 61n lnllN::llana . 59. Non · nteraction gate descent time {l8COl'lda): nutiply lln• 57 and 58 ..................... SI .... I __ _ 60 . Time ava able for dulgn veh icle to olur daoendlng gate (NCOnd9 ): add Mn• 56 and !SI .... ... 10. ! ___ __, 61 . Advanc prHmplloft time (APT) ,-qund to avotd ~ ca.._a. I (Hconda): aubtnct I ne 10 from l ine A , rou nd up to IINI,_ NOOnd ,... 0 tf ._. n O ·····-·· ......................... t 1. J v ( Ex/,/6,·f 17· STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Safety and Traffic Engineering Branch 4201 'East Arkansas Avenue . cP 700 Denver, Colorado 80222 (303) 512-5100 Voice (303) 757-9219 Fax xxxxxxxx xxxxxxx, 2005 Manager, Industry and Public Projects XXXXX Railroad XX.XX.XX Avenue Denver, CO 80221 RE: Preliminary Engineering Authorizations Dear Mr . XXXXXXX: This letter is the State's authorization to the xxx .to perform the preliminary engineering services required for CDOT railroad- highway crossing projects: 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 reimbursable by the State; and . b. The maximum amount shall not be exceeded without first obtaining further authorization, in writing, from the State. The authorization amount in the above paragraph a. shali 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. .. o l of 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 degree 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 sa.lvaged 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 CFR 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 any questions, please contact Hayne Hutchinson at 3 0 3 -7 5 7 -9'2 6 8 . cc: File Sincerely, Gabriela C. Vidal, P.E. Branch Manager EXHIBITE LATE-FILED EXHIBIT D ,, SAMPLE FUNDING LETT-ER 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 (contractor'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 accordlng·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 ~~slgnate.. . APPROVALS: State of Colorado: Bill 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 -3 0 -2 02 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 r goods and/or services provided. State Controller Arthur L. Barnhart By :--------------- Date: ----------------- { EXHIBIT &'c;j 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 discriminate 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. Infonnation 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 : (1) Withholding of payments to the Contractor under the contract until the Contractor c omplies , and/or; (2) Can cellation, termination or suspension of the contract, in whole or in part . - F . Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, W1less 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 t.o 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. i ... ·--·--··· COUNCIL COMMUNICATION Date: May 7, 2007 Initiated By: Agenda Item: 9cl Parks and Recreation Department Subject: Award Contract for Purchase and Installation of Ultraviolet Dechloramination and Disinfection System at Pirates Cove Staff Source: Jerrell Black, Director of Parks and Recreation Gary Hultberg, Manager of Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved $150,000 in the 2007 Conservation Trust Fund budget for water quality improvements at Pirates Cove. This was to include additional filtration and an ultraviolet dechloramination and disinfection system. RECOMMENDED ACTION Staff recommends that Council approve, by Motion, a contract in the amount of $36,400 with the low bidder, Associated Pool Builders, Inc., Bismarck, North Dakota. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Although water clarity and sanitation in the leisure pool at Pirates Cove meet all state standards, we would like to improve clarity of the water to maximize patron safety. An ultraviolet dechloramination and disinfection system and additional high rate sand filters were proposed. Parks and Recreation and Public Works staff determined that the most prudent way to proceed would be to install the ultraviolet system in the spring prior to Pirates Cove opening and track the wa ter quality in the leisure pool. If the quality (turbidity) improves to our satisfaction, we may be able to avoid the additional expense of filters this fall. The ultraviolet system will also improve water sanitation . FINANCIAL IMPACT The contract price of $36,400 is within th approved 2007 Conservation Trust Fund budget. LIST OF ATTACHMENTS Bid Tabulation Sheet Bid Proposal Contract : ' : I ! i ' . l I i ' ' ' j: Bid Opening UV Dechloramination & Disinfection System Pirates Cove 23 April 2007 Public Works Conference Room 10:00 A.M. Base Bid Bond Remarks w/Add Alt Engineers Estimate Associated Pool Builders, Inc. $36,400 .00 Yes CEM Sales & Service $46 ,000 .00 Bid Bond received in the form of a cashier's check to be held be Central Cashier until awarded. ( ( Asso~iated Pool B~ilders, Inc. Bismar.:;:k, ND BID PROPOSAL # ITB-07 •120 Description Ultraviolet Dechloramlnation & Dlalnfectlon Syat.m -Pirate• Cove Total Lump sum Ultraviolet Dechloramination & Disinfection System -Plra~ Cove . 0 Lump Sum in numbers $ :.J'-$;t/OO. c, Lump Sum in words$ 7/111<. 7i F1t./C 2::Zlqu,:~µ0 f-0,.11, &IV()A.Ct) /Jol/..411.s Contractor's completion date (no later than June 15, 2007) ---------- Add/Alternate Ultraviolet Dechloramination & Disinfection System -Pirates Cove Lump Sum in numbers S U J/00. <!IO Lump Sum in words $T#tarr ;S/X 'J#;g,,tM(J Fov,{ d~<?A C:<Q ()c,I-L,JA.S Contractor's completion date (no lat.r than May 21, 2007) _________ _ Each Proposing Firm shall determine prior to submitting a Bid that they have received all Addenda issued , and will acknowledge the receipt on thl1 bid proposal form . Receipt of copies of the following amendment(s) Is (are) hereby acknowledged : Addendum (s) No . Date Acknowledged Does your company accept payment In the form of• credit card? Yea_ NoX ALL MATERIAL F.O.B. CITY OF ENGLEWOOD Pirates Cove Family Aquatic Center 1225 W Belleview Ave . Englewood , CO 80110 Invoice Term s: FUU Payment within 30 days after completion, Price quote firm for 90 Days. Exceptions : /h v.ST e>,tL)(/l UV f:111..d I /L/d L(t7t 1, TJ/t91J /.J/11<.,1L 2 J ~oo 7 -2- By: David -A. Volk 04.:.23-07 Name(~~ Date Signature Vice President Title Associated Pool Builder$, Inc. Company PO · Box 2318 2121 Lovett Ave., Bismarck, ND 58502 Address 701-258-6012 Telephone -3- D ( CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement , made and entered into this 7th day of May, 2007, by and between the City of Englewood , a municipal corporation of the State of Colorado hereinafter referred to as the "City ", and Associated Pool Builders , Inc ., whose address is 2121 Lovett Ave ., Bismarck, ND 58502 , ("Contractor"). Commencing on the 11 1h day of April, 2007 , the City advertised that sealed proposals would be received for furnishing all labor, tools , supplies , equipment, materials and everything necessary and required for the following : PROJECT: Ultraviolet Dechloramination & Disinfection System -Pirates Cove WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Parks and Recreation to the Mayor and City Council with a recommendat ion that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendat ion the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in considerat ion of the compensation to be paid the Contractor and the mutual agreements hereinafter contained in this contract , the parties agree to the following : A. Contract Documents : It is agreed by the parties hereto that the following list of instruments , drawings and documents which are attached or incorporated by reference constitute and shall be referred to e ither as the Contract Documents or the Contract and all of said instruments , drawings , and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of th is agreement as if they were set out verbat im and in full : Inv itat ion to Bid C o ntracto rs Bid Proposal dated 4-23-07 Minimum Specifications Contract (this instrument) Special Provisions Insurance Drawings E-1 & E-2, SP 5 .0 & SP 6 .0 B . Scope of Work : The Contractor agrees to and shall furnish all labor, tools , supplies , equipment , materials and everything necessary for and required to do, perform and complete all the work described , drawn , set forth , shown and included in said Contract Documents. C . Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Parks and Recreation and agrees to fully complete said work by May 21 , 2007 , plus such extension or extensions of time as may be granted by the Director of Parks and Recreation in accordance with the prov isions of the Contract Documents and Specifications . -1 - D. Indemnification The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless , exonerate or assume the defense of the Contractor or any other person or entity , for any purpose . The Contractor shall defend , indemnify and save harmless the City , its officers , agents and employees from any and all claims , demands , suits , actions or proceedings of any kind or nature including Worker's Compensat ion claims , in any way resulting from or arising out of this Agreement/contract: provided , however, that the Contractor need not indemnify or save harmless the City , its 0 1 ·i cers, agents and employees from damages resulting from the sole negligence of the City's officers , agents and Employees . E. Termination of Award for Convenience : The City may terminate the award at any t ime by giving written notice to the Contractor of such termination and specifying the effective date of such termination , at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished serv ice , reports , material (s) prepared or furnished by the Contractor after the award shall, at the option of the City , become its property . If the award is terminated by the City as provided herein , the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the Contractor covered by the award, less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to termination of the award for cause shall apply . F. Termination of Award for Cause : If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award , the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination . In that event , all finished or unfinished services , at the option of the City , become its property , and the Contractor · shall be ent it led to receive j ust , equ itable compensation for any sat isfactory work documents , prepared completed or materials as furnished . Notwithstanding the above , th e Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G . Terms of Paym ent: The C it y ag rees to pay the Contractor for the performance of all the work requ ired unde r th is contract , and the Contractor agrees to accept as his full and only com pen sat ion therefore , such sum or su ms of mone y as may be prope r in acc ordance with the price or prices set forth in the Contractor's pr oposal attached and made a part hereof, t he to ta l estimated cost thereof being thirty five thousand , four hundred dollars and no cents. ($36 ,400 .00 ). H. Appropriation of Funds : At present , $36,400.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary , in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts for which funds have already been appropriated or are otherwise available . The City shall immediately notify the contractor or its assignee of such occurrence in the event of such termination . I. Liquidated Damages : Owner and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the Owner will suffer financial loss and inconvenience if the Work is not complete within the time specified , plus any extensions thereof allowed in accordance with the General Conditions . They also recognize the delays , expense and difficulties in volved in proving , in a legal proceeding , the actual loss suffered by Owner if the Work is not complete on time . Accordingly , instead of requiring any uch proof, Owner -2 - < and Contractor agree that as liquidated damages for delay, but not as a penalty , Contractor shall pay Owner $200.00 for each hour (maximum of $2,000.00 per day) that expires past 8:00 a.m . each morning that pool is not returned to full operation from May 21 , 2007, until the project has been completed. Per the exception noted on the Contractors Bid Proposal, this Liquidated Damages clause is subject to the contractor receiving authorization to order the UV Unit by April 27, 2007. J. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto, their heirs , executors , administrators, assigns, and successors . Verification of Compliance with C.R.S . 8-17 .5-101 ET .SEQ . Regarding Illegal Aliens (a) Employees , Contractors and Subcontractors : Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this Contract or (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17 .5-102(2)(a)(I) & (II).] (b) Verification : Contractor has verified or attempted to >1erify through participation in the "basic pilot program " (authorized by P.L.204 of 1041h Congress and amended by P.L.156 of 1081h Congress) that Contractor does not employ any illegal aliens . And, if not accepted into the "basic pilot program " prior to entering into this Contract, Contractor further verifies, Contractor will apply to participate in the "basic pilot program" every three months until Contractor is accepted or this Contract is completed, whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).] (c) Limitation regarding the "Basic Pilot Program : Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien , the Contractor shall ; (1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (B).] (3) Exception : If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal alien . (e) Duty to Comply with State Investigation : Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C .R.S . 8-17 .5-102 (5). [CRS 8-17 .5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in whole or in part , due to Contractor's breach of any section of this paragraph . Contractor shall be liable for actual and consequential damages to the City in addition to -3 - 05/01/2007 16 :31 FAX 17012249729 ASSOCIATED COMPANIES llJ 005/005 any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF. the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract Is executed in 4 counterparts. Associated Pool BuilderR, Inc. CITY OF ENGLEWOOD Contract~ by~~~ Party of the Seoond Part rl by~~~~~~~~~~~~~ Mayor David A. Volk, Vice President Party of the First Part ATTEST: ATTEST: Secretary 'Randy Traynor City Clerk ( COUNCIL COMMUNICATION Date Agenda Item Subject May 7, 2007 9 C ii Contract for Construction Services for Service/Support Building Exterior Repairs INITIATED BY STAFF SOURCE L/E WWTP Supervisory Committee Stewart H. Fonda, Utilities Director Mark Van Nostrand, Senior Project Engineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommends that Council approve, by Motion, a contract for construction services for exterior repairs of Service/Support Facility Building 1. Staff recommends that a contract with Norkoli Construction Inc., the lowest responsive bidder, be approved in the amount of $149,656. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As part of the on-going Infrastructure Stabilization Plan, all facilities within the L/E WWTP are evaluated or reviewed on an annual basis to determine needed infrastructure repairs and maintenance. The Service and Support Facility Building #1 (Administration Building) had been identified for needed building exterior repairs and door replacements in 2006. These identified r epairs are not part of the larger Phase 2 Expansion Project. In 2006, plant staff retained the services of Te ch niS ca n Archi te cts to complete plans and specifications for needed repairs and painting on the Service/Support Facility . The plans ha ve also incorporated repair and repla ce ment of severely deteriorated brick landscape planter beds around th e building. TechniScan provided an es timate of probable costs for construction. A Request for Bids for the Service and Support Building #1 Exterior Repairs construction was advertised beginning in March 2007. One mandatory pre-bid meeting was held in late March. Four general contractors submitted bids. All four bids were considered to be responsive, and based on information received in reference checks and dis c ussions during the Supervisory Committee meeting, the Supervisory Committee and staff recommend that a contract with Norkoli Construction Inc. be approved in the amount of $149,656. Norkoli Construction is the low responsive bidder. FINANCIAL IMPACT The cost of this expenditure is a capital expense and will be shared 50/50 by the Cities of Englewood and Littleton . LIST OF ATTACHMENTS Bid Tabulation ' ·-,.-, City of Englewood B i d Tabula tio n Sheet -Bid Opening: April 5, 2007 10:00 a.m. ITEM: ITB-07-111 Exterior Repairs Service & Support Bldg. lllmNo -.. NCI Norlcoi Constructlon Marsh"• Construction Glacier Construction Asian Construction unit amount unit amount unit amount unit amount 1 Raaair & Restoration of Planters $ 35,781 .00 $ 65,000.00 $ 89,000.00 2 -Maon,y Diels Parkina lot $ 12 ,679.00 $ 900.00 $ 28,000.00 3 Painting & Caulking Concrete mason1V brick $ 44,276.00 $ 86,500.00 $ 106,000.00 4 New sealant around windows $ 3 ,497.00 $ 1,300.00 $ 18,000.00 5 R t d 6 exterior doors $ 19,122.00 $ 15,400.00 $ 18,000.00 6 Refirnh a!Miahls $ 7 ,796.00 $ 7,500.00 $ 9,000.00 7 R.,... d exterior 2nd floor sofflt $ 3 ,402.00 $ 2 ,700.00 $ 5,500.00 8 0..--nioan ID sidwalk s. buildina exit $ 4 ,902 .00 $ 4 ,200.00 $ 7,500.00 9 R-.1& ... d soil E Blda $ 888.00 $ 3,500.00 $ 5,000.00 l.la"SUII $ 132,343.00 $ . $ 187,000.00 s 286,000.00 10 ~ '1 add or ldeduc:tl $ 6 ,785.00 $ 4,700.00 s 6 ,000.00 11 I~ 12 Add« (deduct) $ 10,528.00 $ 8,500.00 s 16 ,000.00 12 Unit price Der ft for sealant ext windows s 3 .15 s 8 .00 s '6.15 TOTAL s 149,656.00 s -s 200,200.00 s 308,000.00 111m No. DescriDlion RMB Construction LLC Premier Snaclalty Contractors Marlon ConstrucUon, Inc. J . C. Brooks & Co, Inc unit amou nt unit amount unit amount unit amount 1 ~ & Restoration d Planters $ 62,533.00 2 ~ MMorn piers PMdnQ lot $ 5 ,819.00 3 PanlnD & Caul<ina Conaete masonry brick $ 39,667.00 4 ........... around windows $ 15 ,934.00 5 -ol II exterior doors $ 18 ,451 .00 6 Ralnlah aYliahls $ 8 ,337.00 7 I,___ o1 mderior 2nc1 floor ao111t $ 10 ,560.00 8 I~ rmairs ID sidwalk s. buildlna exit $ 4 ,034.00 9 Remr:Nal& oholEBlda $ 5 ,488.00 Lta"SUII s 170,823.00 s . s . s . 10 AlwnilM 11 add o, (deduct) s 6 ,125.00 11 iMarnala 12 Add o, (deduct) s 10,562.00 12 Unit Drim OM ft for sealant ext windows s 5.60 TOTAL $ 187,510.00 $ . $ . .. $ . Pa ge 1 ---,-~... ---J • ----· COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 9ciii Purchase of Cab and Chassis Initiated By: Staff Source: Department of Public Works Rick Kahm , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the purchase of a truck mounted loader in the 2007 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Staff recommends Council approve, by Motion, the purchase of one 2007 Freightliner, Model M2, cab and chassis from Transwest Trucks in the amount of $64,661. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Department currently has one dump truck equipped with a front loading bucket, primarily used for asphalt repair. This existing unit, a 1998 Chevrolet T 7500, has been in service for nine years, one year beyond the normal replacement schedule of eight years . It is included for replacement in the 2007 CERF. A front mounted bucket, to be installed on this replacement vehicle, is currently in the bid process, and will be purchased at a later date. FINANCIAL IMPACT The purchase of the Freightliner Model M2, in the amount of $64,661, will "piggy back" onto a previous bid approved by City Council to purchase a dump truck for the Utilities Department. LIST OF ATTACHMENTS Summary Specification Sheet Specification Proposal from Transwest Trucks SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD YES '1!9) IF YES, AWARD# Ct4J o!Erv-1 L:.uYpcf f'l/QdY cJ rFB-O·l-/05 v' MANUFACTURER OF VEHICLE herc-1 ht I 1 ne ic v MODEL OF VEHICLE }.1 ~ JQ,; lcn (i-r , . .., {1 Don I C bc1~ 5 LS ' AIR CONDITIONING ~ NO AUTOMATIC TRANSMISSION ~ NO POWER vVINDOWS YES ~ POWER DOOR LOCKS YES ~ 4 WHEEL DRIVE YES ~ ALTERNATIVE FUEL OPTION YES @) C E R F REPLACEMENT ~ NO NEW ADDITION TO FLEET YES t!§) DEPARTMENT VEHICLE ASSIGNED TO Str~e t; Deputm errr -~hf, c. la:xk'S COMMENTS : f)ov wra I CE Rr-rtphff, men t Un,t t&t I I k -cg,,,a,Ycf ,u,tb u +ront lovcl1n c, hu e b..t Fl r , o Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood, CO 80110 Phone: 303-762-2535 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY , CO 80022 Phone : 303-301-7418 SPECIFICATION PROPOSAL Description Price Level M2 PRL-72B (EFF :04/03/07) Data Version SPECPR021 DATA RELEASE VER 003 Vehicle Configuration General Service M2 106 CONVENTIONAL CHASSIS 2008 MODEL YEAR SPECIFIED SET BACK AXLE -TRUCK STRAIGHT TRUCK PROVISION LH PRIMARY STEERING LOCATION TRUCK CONFIGURATION DOMICILED , USA 50 STATES (WITH CALIFORNIA) UTILITY /REPAIR/MAINTENANCE SERVICE GOVERNMENT BUSINESS SEGMENT DIRT/SAND/ROCK COMMODITY TERRAIN/DUTY: 100% (ALL) OF THE TIME , IN TRANSIT, IS SPENT ON PAVED ROADS MAXIMUM 8% EXPECTED GRADE SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEE N SITES) ROAD SURFACE MEDIUM TRUCK WARRANTY EXPECTED FRONT AXLE(S ) LOAD : 10000 .0 lbs EXPECTED REAR DRIVE AXLE(S ) LOAD : 20000.0 lbs Application Version 6 .1. 131 Data Version PRL-72B .003 Loda! Bucket Load r Truck FR£ IGH Tl INER Weight Front 5,180 Weight Rear 2,970 04/26/2007 10 ·43 AM Page 1 of 12 Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 8011 O Phone : 303-762-2535 Description EXPECTED GROSS VEHICLE WGT CAPACITY : 30000 .0 lbs Truck Service END DUMP BODY EXPECTED TRUCK BODY LENGTH : 13.0 ft EXPECTED TRUCK BODY WIDTH : 96.0 REQUESTED CAB TO TRUCK BODY CLEARANCE : 6 .0 EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32 .0 Engine MBE900-280 7.2L 280 HP@ 2200 RPM, 2500 GOV, 800 LB/FT @ 1200 RPM Engine Equipment 2007 EPA/CARB EMISSION CERTIFICATION ENGINE MOUNTED OIL CHECK AND FILL ONE PIECE VALVE COVER SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER DR 12V 160 AMP 24-51 QUADRAMOUNT PAD ALTERNATOR (3) ALLIANCE MODEL 1031, GROUP 31 , 12 VOLT MAINTENANCE FREE 2280 CCA THREADED STUD BATTERIES BATTERY BOX FRAME MOUNTED SINGLE BATTERY BOX FRAME MOUNTED LH SIDE BACK OF CAB FRAME GROUND RETURN FOR BATTERY CABLES NON-POLISHED BATTERY BOX COVER BATTERY SHUTOFF SWITCH AT BATTERY BOX POSITIVE AND NEGATIVE POSTS FOR JUMPSTART MOUNTED NEAR/ON BATTERY TRAY/BOX WABCO 15.5 CFM AIR COMPRESSOR STEEL AIR COMPRESSOR DISCHARGE LINE WITH INTEGRAL QUICK CONNECT SYSTEM CHARGING VALVE ELECTRONIC ENGINE INTEGRAL WARNING AND DERATE PROTECTION SYSTEM NO RETARDER RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT DEVICE WITH RH CAB MOUNTED VERTI CAL TAILPIPE Apphcation Verst0n 6 1.131 Data Verst0n PRL-728 003 Lodal Buckel Loader Truck I [!] Weight Front 60 40 2 5 100 Prepared by : Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY , CO 80022 Phone : 303-301 -7418 Weight Rear 10 20 Q.4 /26/2 00 7 10:4 3 AM Page 2 of 12 Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 Tran smiss ion Description ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 11' 06" (138"+0/-5") EXHAUST SYSTEM HEIGHT RH CURVED VERTICAL TAILPIPE B-PILLAR MOUNTED ROUTED FROM STEP STAINLESS STEEL AFTERTREATMENT DEVICE/MUFFLER/TAILPIPE SHIELD HORTON HT650 FRONTAL AIR ON/OFF ENGINE FAN CLUTCH AUTOMATIC FAN CONTROL WITH DASH SWITCH AND INDICATOR LIGHT, NON ENGINE MOUNTED MBE ENGINE MOUNTED FUEL WATER SEPARATOR WITH 12V HEAT, LIGHT AND PRIMER PUMP FULL FLOW OIL FILTER NO COOLANT FILTER 1100 SQUARE INCH ALUMINUM RADIATOR ANTIFREEZE TO -34F , ETHYLENE GLYCOL PRE- CHARGED SCA HEAVY DUTY COOLANT GATES BLUE STRIPE COOLANT HOSES CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES NO RADIATOR DRAINCOCK LOWER RADIATOR GUARD PHILLIPS-TEMRO 1000 WA TI/115 VOLT BLOCK HEATER BLACK PLASTIC ENGINE HEATER RECEPTACLE MOUNTED UNDER LH DOOR ALUMINUM FLYWHEEL HOUSING ELECTRIC GRID AIR INTAKE WARMER DE LCO 12V 38MT HD ST AR TE R W IT H INTEGRATE D MAGNETIC SWITCH ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmiss ion Equipment WTEC CALIBRATION -6 SPEED RDS (PACKAGE 114) VEHICLE INTERFACE WIRING AND PDM WITH BODY BUILDER CONNECTOR , BACK OF CAB ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR MOUNTED BACK OF CAB CHELSEA 277 SERIES CUSTOMER INSTALLED PTO WITH REMOTE SOLE NOID Apphcatton Version 6 .1 131 Data Version PRL-72 B 003 Lodal Bucket Loader Truck Weight Front 20 4 10 200 Prepared by : Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301-7418 Weight Rear 60 0,4 /26/2007 10 43 '-M Page 3 of 12 Prepared for: Pat White Englewood . City of 2800 S Platte River Drive Englewood . CO 80110 Phone : 303-762-2535 Description NO PTO MOUNTING LOCATION SPECIFIED MAGNETIC PLUGS, ENGINE DRAIN , TRANSMISSION DRAIN , AXLE($) FILL AND DRAIN PUSH BUTTON , ELECTRONIC SHIFT CONTROL. DASH MOUNTED WATER TO OIL TRANSMISSION COOLER -IN RADIATOR END TANK TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK Front Axle and Equipment AF-14 .7-3 14,700# FF1 71 .5 KPl/3.74 DROP SINGLE FRONT AXLE MERITOR 16.5X5 Q+ CAST SPIDER CAM FRONT BRAKES . DOUBLE ANCHOR , FABRICATED SHOES NON-ASBESTOS FRONT BRAKE LINING CONMET CAST IRON FRONT BRAKE DRUMS FRONT BRAKE DUST SHIELDS CHICAGO RAWHIDE SCOTSEAL PLUS XL FRONT OIL SEALS VENTED FRONT HUB CAPS -OIL STANDARD SPINDLE NUTS FOR ALL AXLES MERITOR AUTOMATIC FRONT SLACK ADJUSTERS TRW TAS-85 POWER STEERING POWER STEERING PUMP 2 QUART SEE THROUGH POWER STEERING RESERVOIR Front Suspension 14 ,600# TAPERLEAF FRONT SUSPENSION MAINTENANCE FREE RUBBER BUSHINGS -FRONT SUSPE NSION FRONT SHOCK ABSORBE RS Rear Axle and Equipment RS -23-160 R-SERIES SI NGLE REAR AXLE @ 23 ,000# 5 .63 REAR AXLE RATIO IRON REAR AXLE CAR RIER WITH STANDARD AXLE HOUSI N G 17N MERITOR MAIN DR IVELI NE W ITH FULL ROU ND YOKES NO TRACTION EQUALIZER PETROLEUM BASED LUBE ENGIN E/TRANSM ISSION/AXLE Apphcat,on Vert on 6 1 131 D ta Version PR L-72 8 003 Lod a! Buc:l(et Loader Trudt Weight Front 120 60 5 40 210 85 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301-7418 Weight Rear 340 85 Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood . CO 8011 O Phone : 303-762-2535 Description MERITOR 16 .5X7 Q+ CAST SPIDER CAM REAR BRAKES , DOUBLE ANCHOR . FABRICATED SHOES NON-ASBESTOS REAR BRAKE LINING STANDARD BRAKE CHAMBER LOCATION CONMET CAST IRON REAR BRAKE DRUMS REAR BRAKE DUST SHIELDS CHICAGO RAWHIDE SCOTSEAL PLUS XL REAR OIL SEALS HALDEX GOLDSEAL LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS MERITOR AUTOMATIC REAR SLACK ADJUSTERS Rear Suspension 23 ,000# FLAT LEAF REAR SPRING SUSPENSION WITH RADIUS ROD SPRING SUSPENSION • NO AXLE SPACERS STANDARD U-BOL T PAD FORE/AFT CONTROL RODS Brake System AIR BRAKE PACKAGE WABCO 4S/4M ABS WITHOUT TRACTION CONTROL ENHANCEMENT REINFORCED NYLON , FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES STANDARD BRAKE SYSTEM VALVES RELAY VALVE WITH 5-8 PSI CRACK PRESSURE , NO REAR PROPORTIONING VALVE BW AD -9 BRAKE LINE AIR DRYER WITH HEATER STEEL AIR BRAK E RESERVOIRS BW DV-2 AUTO DRAIN VALVE WITHOUT HEATER ON ALL TANK(S) Trailer Connections UPGRADED CHASSIS MULTIPLEXING UNIT UPGRADED BULKHEAD MULTIPLEXING UNIT WhNlbase & Frame 4600MM (181") WHEELBASE 9/32" X 3-7/16 X 10-1/16" STEEL FRAME (7 .14MM X 255 6MM/.281 " X 10 06") 120KSI 925MM (36") REAR FRAME OVERHANG FRAME OVERHANG RANGE : 31" TO 40" SQUARE END OF FRAME Apphcahon Version e 1 131 D ti Verst0n PRL •72 B 003 I • Lod I Bu et Lo r Tr Weight Front 80 40 270 10 Prepared by : Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY , CO 80022 Phone : 303-301-7418 Weight Rear 5 130 140 -10 -70 04/2e/2007 10 43 NA P 5 of 12 ) Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 1~ Description STANDARD WEIGHT ENGINE CROSSMEMBER STANDARD REARMOST CROSSMEMBER STANDARD SUSPENSION CROSSMEMBER Chassis Equipment THREE-PIECE 14 " PAINTED STEEL BUMPER WITH COLLAPSIBLE ENDS BUMPER MOUNTING FOR SINGLE LICENSE PLATE GRADE 8 THREADED HEX HEADED FRAME FASTENERS Fuel Tanks NO RH FUEL TANK 50 GALLON/189 LITER RECTANGULAR ALUMINUM FUEL TANK -LH RECTANGULAR FUEL TANK(S) PLAIN ALUMINUM/PAINTED STEEL FUEUHYDRAULIC TANK(S ) WITH PAINTED BANDS FUEL TANK(S) FORWARD FUEL TANK CAP(S) EQUIFLO INBOARD FUEL SYSTEM REINFORCED NYLON FUEL HOSE NO FUEL COOLER Tires 11R22 .5 16 PLY RADIAL FRONT TIRES MICHELIN XZE 11R22 .5 16 PLY RADIAL FRONT TIRES 11 R22 .5 16 PLY RADIAL REAR TIRES MICHELIN XDE M /S 11R22 .5 16 PLY RADIAL REAR TIRES Hubs CONMET PRE-SET BEARING IRON FRONT HUBS CONMET PRE-SET BEARING IRON REAR HUBS Wheels ACCURIDE 28408 22 .5X8 .25 10-HUB PILOT 2-HAND STEEL DISC FRONT WHEELS ACCURIDE 28408 22 .5X8 .25 10-HUB PILOT 2-HAND STEEL DISC REAR WHEELS Cab Exterior 106" BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Apphcatt0n V rsion 6 1 131 0 ta Ve111on P R L-72B 003 Lodal Bu et Loader Truclt Weight Front 30 -60 70 18 Prepar&d by : Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY. CO 80022 Phone : 303-301-7418 Weight Rear -20 30 44 Page 6 of 12 Prepared for : Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 Ca b Interior Description AIR CAB MOUNTS NONREMOVABLE BUGSCREEN MOUNTED BEHIND GRILLE LH AND RH GRAB HANDLES PAINTED PLASTIC GRILLE ARGENT SILVER HOOD MOUNTED AIR INTAKE GRILLE FIBERGLASS HOOD SINGLE ELECTRIC HORN DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME REAR LICENSE PLATE MOUNT END OF FRAME INTEGRAL HEADLIGHT/MARKER ASSEMBLY FREIGHTLINER LED AERODYNAMIC MARKER LIGHTS DAYTIME RUNNING LIGHTS FREIGHTLINER LED FLANGE MOUNTED STOP/TAIL/TURN LIGHTS WITH SEPARATE INCANDESCENT BACKUP LIGHTS STANDARD FRONT TURN SIGNAL LAMPS DUAL WEST COAST MOLDED-IN COLOR MIRRORS DOOR MOUNTED MIRRORS 102" EQUIPMENT WIDTH LH AND RH 8" MOLDED-IN COLOR CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS STANDARD SIDE/REAR REFLECTORS 6 3"X 14 " TINTED REAR WINDOW T INTED DOOR GLASS LH AND RH WITH TIN TE D NON-OPERAT ING WING WINDOWS TI NTED W INDS HIELD 8 LITER WI NDSHIELD WASHER RESERVOIR WITH FLUID LEVEL INDICATOR OPAL GRAY VINYL INTERIOR MOLDED PLASTIC DOOR PANEL WITH ALUMINUM KICKPLATE LOWER DOOR MOLDED PLASTIC DOOR PANEL WITH ALUMINUM KICKPLATE LOWER DOOR GRAY VINYL MATS WITH INSULATION DASH MOUNTED ASH TRAYS AND LIGHTER I • Weight Front 4 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY , CO 80022 Phone : 303-301-7418 Weight Rear 5 04~007 1043AM Page 7of12 .... Prepared for : Pat White Englewood , C ity of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 10 Description FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING IN DASH STORAGE BIN CENTER STORAGE CONSOLE MOUNTED ON BACKWALL NO LOWER BUNK (2) CUP HOLDERS LH AND RH DASH GRAY/CHARCOAL FLAT DASH 2-1/2 LB . FIRE EXTINGUISHER HEATER. DEFROSTER AND AIR CONDITIONER STANDARD HVAC DUCTING WITH SNOW SHIELD FOR FRESH AIR INTAKE MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH STANDARD HEATER PLUMBING SANDEN HEAVY DUTY AIR CONDITIONER COMPRESSOR BINARY CONTROL , R-134A CAB INSULATION SOLID-STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM DOME DOOR ACTIVATED LH , DUAL READING LIGHT. FORWARD CAB ROOF C AB DOOR LATCHES WITH MANUAL DOOR LOCKS (1) 12 VOLT POWER SUPPLY IN DAS H T RIAN GULAR REF LECTORS WITHOUT FLAR ES BOSTROM T ALLAD E GA 91 0 HIGH BACK AI R SUSPE NSION DRIVER SE AT HIGH BACK NON SUSPENSION PASSENGER SEAT LH AND RH INTEGRAL DOOR PANEL ARMRESTS BLACK MORDURA CLOTH DRIVER SEAT COVER BLACK MORDURA CLOTH PASSENGER SEAT COVER 3 POINT FIXED D-RING RETRACTOR DRIVER AND PASSENGER SEAT BEL TS ADJUSTABLE TILT AND TELESCOPING STEERING COLU MN 4-SPOKE 18" (450MM) STEERING WHEEL DRIVER AND PASSENGER INTERIOR SUN VISORS lnatrumenta & Control• BLACK GAUGE BEZELS Apphcahon Version 6 1 131 0111 Verst0n PRL-728 003 Lod I Bu et Lo d r T I • Weight Front 20 5 70 10 40 10 Prepared by : Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY , CO 80022 Phone : 303-301-7418 Weight Rear 04/2612007 10 43 AM Page 8 of 12 ( Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 Description GRAY DRIVER INSTRUMENT PANEL GRAY CENTER INSTRUMENT PANEL LOW AIR PRESSURE LIGHT AND BUZZER (1) SINGLE BRAKE APPLICATION AIR GAUGE 2" PRIMARY AND SECONDARY AIR PRESSURE GAUGES DASH MOUNTED AIR RESTRICTION INDICATOR WITH GRADUATIONS 97 DB BACKUP ALARM ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION ; 4 POSITION OFF/RUN/START/ACCESSORY ODOMETER/TRIP/HOUR/DIAGNOSTICNOL TAGE DISPLAY: 1X7 CHARACTER, 26 WARNING LAMPS , DATA LINKED , ICU3 DIAGNOSTIC INTERFACE CONNECTOR , 9 PIN , SAE J1587/1708/1939, LOCATED BELOW DASH 2" ELECTRIC FUEL GAUGE PROGRAMMABLE RPM CONTROL -ELECTRONIC ENGINE ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 2" TRANSMISSION OIL TEMPERATURE GAUGE ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY (1) ELECTRIC/AIR DASH MOUNTED PTO SWITCH WITH INDICATOR LAMP ELECTRIC ENGINE OIL PRESSURE GAUGE OVERHEAD INST RUMENT PANEL AM/FM/WB RADIO DASH MOUNTED RADIO (2) RADIO SPEAKERS IN CAB AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF NO CB RADIO/PROVISION NO CB RADIO MOUNTING PROVISION NO CB ANTENNA , BRACKET OR LEAD NO DIGITAL SATELLITE AUDIO RECEIVER ANTENNA ELECTRONI C MPH SPEEDOMETER WITH SECONDARY KPH SCALE . WITHOUT ODOMETER ELECTRONIC 3000 RPM TACHOMETER Apphcatton Ver11on 6 1 131 Data Version PRL-728 003 LodalBuc:kttLo derTruek Weight Front 5 10 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301-7418 Weight Rear 2 04/26/2007 10 :43 AM Page 9 of 12 Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 Design Color Description IGNITION SWITCH CONTROLLED ENGINE STOP NO EXTRA SWITCH IN DASH NO TRAILER HAND CONTROL BRAKE VALVE DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY MARKER LIGHT/HEADLIGHT SWITCH WITH SEPARATE INTERRUPTER FOR CLEARANCE LIGHTS ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER. WASHER/WIPER AND HAZARD IN HANDLE INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS PAINT: ONE SOLID COLOR CAB COLOR A: N0006EA WHITE ELITE SS BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT VENDOR WHITE FRONT WHEELS/RIMS VENDOR WHITE REAR WHEELS/RIMS BUMPER PAINT: FP24812 ARGENT SILVER DUPONT FLEX Secondary Factory Options DEALER ACCEPTS RESPONSIBILITY FOR IN - SERVICE PDI INSPECTION Weight Front Prepared by : Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301-7418 Weight Rear TOTAL VEHICLE SUMMARY Weight Summary Weight Weight Total Front Rear We ight Factory Weight 6773 LBS 3741 LBS 1051 4 LBS Total Weight 6773 LBS 3741 LBS 1051-4 LBS I X Apphc.at1on Version 6 1 131 04/26/2007 10 43 AM Data Version PRL-728 003 Lodal Bu et Lo d r Truck Page 10 of 12 (, Prepared for: I PatWhite 0 Englewood , City of . 2800 S Platte River Drive '--------~ Englewood, CO 80110 Phone: 303-762-2535 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301-7418 NOT INCLUDED IN PRICE ADJUSTED - 2007 ENGINE EMISSIONS ESCALATOR 5YEAR/200,000 ENGINE EC FOR MBE(260-350HP) INCENTIVE $1000 RAB-205 2YEAR TOWING EXTENDED COVERAGE INCENTIVE $200 RAG-201 DELIVERY & ORDER PROCESSING CHARGE 1 Extend!(I Warranty MERCEDES-BENZ MBE900 7.2L EPA07 ENGINE EXTENDED WARRANTY, 5 YEARS/200 ,000 MILES/320 000 KM TOWING EXTENDED/ROADSIDE SERVICE WARRANTY 2 YEARS/UNLIMITED (+) Weights shown are estimates only . If weight is critical , contad sales application engineering . Application Version 6 .1.131 Data Version PRL-72B 003 Lodal Bucket Loader Truck 04/2&/2007 10 43 AM Page11of12 -·---·· Prepared for: Pat White Englewood , City of 2800 S Platte River Drive Englewood , CO 80110 Phone : 303-762-2535 Prepared by: Kevin Wright TRANSWEST TRUCKS 7626 BRIGHTON RD . COMMERCE CITY, CO 80022 Phone : 303-301 -7418 QUOTATION M2 106 CONVENTIONAL CHASSIS SET BACK AXLE • TRUCK MBE900-280 7 .2L 280 HP@ 2200 RPM , 2500 GOV, 800 LB/FT @ 1200 RPM ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION RS-23-160 R-SERIES SINGLE REAR AXLE@ 23 ,000# 23 ,000# FLAT LEAF REAR SPRING SUSPENSION WITH RADIUS ROD AF-14.7-3 14 ,700# FF1 71 .5 KPl/3 .74 DROP SINGLE FRONT AXLE 14,600# TAPERLEAF FRONT SUSPENSION 106" BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 4600MM (181 ") WHEELBASE 9/32" X 3-7/16 X 10-1/16" STEEL FRAME (7 .14MM X 255 .6MM/.281" X 10.06") 120KSI 925MM (36") REAR FRAME OVERHANG PER UNIT VEHICLE PRICE TOTAL# OF UNITS (1) $ 64 ,661 $ TOTAL 64 ,661 EXTENDED WARRANTY $ DEALER INSTALLED OPTIONS $ 0 CUSTOMER PRICE BEFORE TAX $ 64,661 TAXES AND FEES FEDERAL EXCISE TAX (FET) $ 64 ,661 TAXES AND FEES $ 0 OTHER CHARGES $ 0 TRADE-IN TRADE-IN ALLOWANCE $ (0) BALANCE DUE (LOCAL CURRENCY) $ 64,661 COMMENTS : Projected delivery on _ I _ I_ provided the order is received before _I_ I _. APPROVAL : Please indicate your acceptance of this quotation by signing below : Customer: X. _________________ Date :_/_ I_ Apphcatton Version 6 1 131 Data Version PRL-72B 003 Lodal Bucket Lol(Hr Truck $ $ $ $ $ $ $ $ 0 64,661 64 ,661 0 0 (0) 64,661 0./26/2007 10:43 AM Page 12 of 12 ( ( COUNCIL COMMUNICATION Date: May 7, 2007 Initiated By: Agenda Item: 9 C iv Public Works Department Subject: Professional Services Agreement for Bridge Design Services Staff Source: Rick Kahm , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 79, Series 2003, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA). • Council approved Resolution No. 77 , Series 2005, authorizing the City to apply for Federal funds under the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users ". • Council approved Ordinance No. 36, Series 2006 authorizing an Intergovernmental Agreement (IGA) with COOT for the Bridge over the Platte River at the Englewood Golf Course. • Council approved Ordinan c e No. 37 , Series 2006 authorizing an IGA with COOT for the Bridge over the Platte Ri ver at Dartmouth Ave. • Staff discussed the status of the project at the August 14, 2006 Council Stud y Session. • Staff discussed the status of the project at the January 16, 2007 Council Stud y Session . RECOMMENDED ACTION Staff re c ommends that City Council award, by Motion, a Professional Services Agreement with Hartwig & Anociates, Inc. for the design of two bridges across the Platte River. The total estimated design cost is $235,449.20: $120,940.60 for the bridge over the Platte River at Dartmouth and $114,5 08.60 for the bridge over the Platte River at the Golf Course. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Denver Regional Council of Governments (DRCOG) accepts applications from local governments, typically on a two year cycle, for projects to be considered for federal funding. DR COG, in cooperation with the Colorado Department of Transportation (COOT), is charged with preparation of the Transportation Improvement Program (TIP). The TIP prioritizes regional projects for Federal Transportation Funds available through the "Safe Accountable Flexible Efficient Transportation Equity Act-Legacy for Users " (SAFTEA-LU). Congress adopted this program in Augu t, 2005 to repla ce the former Transportation Efficiency Act of the 21 '' Century (TEA-2 1 ). n I \ ood applied for the Platte River Bridge at the Englewood Golf Course in 2003 and , with un ii ' con urren ce, we reapplied in 2005. Englewood applied for the Platte Ri ve r Bridge at Dartmouth A enu in 2005 . DRCOG scores projects based on a numb r of factors , including safety, connectivity, usage, and cost-effecti v eness . Per the Development Agreement related to the Sheridan Development, the entire Local Share for the Golf Course Bridge will be provided by Miller/Weingarten. Based on our applications and certification that local matching funds are av ailable , DRCOG accepted the project and included funds for design in the TIP. Metro-wide, only eight Enhancement projects were selected for funding through 2010, with Englewood recei v ing two of the eight. Per CDOT and federal requirements, staff solicited the services of a design consultant by publicly advertising a Request for Proposal (RFP). Ten firms responded to the RFP and , based on the firms ' qualifications, staff selected five companies for an interview. Six staff members from Englewood, along with a CDOT Region 6 representative, conducted interviews during the week of April 91h. Hartwig & Associates demonstrated that they are well qualified for this bridge design project and understand the scope of work required . The interview committee is unanimously recommending them for the project. Presently, federal funds are authorized only for the design of these bridges. Our IGA with CDOT contains a "Funding Letter" provision that CDOT will use to authorize the construction phase as funds become available in FY 2008 (July, 2007). Projects are funded on a first come, first serve basis and the design must be substantially complete before construction funds are authorized. This process reduces the likelihood that federal dollars would be encumbered by a project sponsor and not spent within a reasonable period of time. Staff is working closely with CDOT Region 6 and making every effort to push the design forward as quickly as possible. The design schedule anticipates having approved design plans ready to bid by the first of September. We expect to complete construction of the Golf Course Bridge by the spring of 2008, before the Golf Course reopens . Construction of the Dartmouth Bridge ma y be as early as the first of January. FINANCIAL IMPACT The total estimated cost for the design for the two projects is $235,449.20 as detailed below: Golf Course Bridge design D ar tmouth Bridge design Tota l Federal $91,606.88 $73,000.00 $164,606.88 Englewood $47,940 .60 $4 7,9 40 .60 Miller/Weingarten $22,901.72 $22,901 .72 Total $114,508 .60 $1 2 0.940.6 0 $235,449 .20 The original estimates for design, submitted with our applications in 2005, were $123,000 for the Golf Course Bridge and $129 ,000 for the Dartmouth Bridge . Matching funds for the Dartmouth Bridge design are budgeted in the Open Space Fund . All matching funds for the Golf Course Bridge are provided by Miller/Weingarten. Construction cos ts estimates are $595,000 for the Golf Course Bridge and $547,000 for the Dartmouth Bridg e. Local matching construction funds are $119,000 for the Golf Course Bridge (pro ided by Miller/Weingarten) and $185 ,000 for the Dartmouth Bridge . Open Space funds are programmed for 2008, pending Council approval, for cons tru ction of the Dartmouth Bridge . LIST OF ATTACHMENTS Maps with Alternate Bridge Locations Professional Services Agreement .., • • "" .. -.~ ' ,, • L -~ L I ~ ~~ ~~· .. ·l • I '~ 5 ., •. . , .. ~ ,"' ... · ,, . \ PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is made as of this 7th day of May, 2007, (the "Effective Date") by and between Hartwig & Associates, Inc., a Colorado corporation ("Contractor"}, whose address is 7670 South Chester Street, Suite 225, Englewood, Colorado, and The City of Englewood , Colorado , a mun icipal corporation organized under the laws of the state of Colorado ("City"). City desires that Contractor provide professional engineering consulting services, for "Bridge Design Services". The two bridge projects included in this design contract are the Bridge over the Platte River at Dartmouth Ave. (Project# STE M395-012}, as described in Schedule A, and the Bridge over the Platte River north of Oxford Ave . (Project # STE M395-013), as described in Schedule B , and Contractor desires to perform such services on behalf of City on the terms and conditions set forth herein , the estimated cost thereof for the Dartmouth Bridge design being $120,940 .60 and the estimated cost for the Oxford Ave . Bridge design being $114,508 .60 for a total estimated design cost of Two-hundred thirty-five-thousand four-hundred forty-nine dollars and twenty cents ($235,449.20).,, In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the part ies hereto, intending to be legally bound , agree as follows : 1. Definitions. The terms set forth below shall be defined as follows : (a) "Intellectual Property Rights " shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known o r hereafter existing (1) rights associate with works of authorship throughout the un iverse , includ ing but not limited to copyrights , moral rights , and mask-works , (2) trademark and trade name rights and similar rights , (3) trade secret rights, (4 ) patents, des igns, algorithms and other industrial property rights , (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration}, whether arising by operation of law, contract , license, or otherwise , and (6) all registrations , initial applications , renewals , extensions , cont inuations , divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product" shall mean all patents , patent appl ications , inventions , des igns, mas k works , processes , methodolog ies , copy rights and copy ri ghtable works , trade secret s including con fi dential informat ion , data , de si gns , manua ls , tra ining m ate ri a ls and docu mentatio n, fo rm ulas, know ledg e of manufacturing processes , meth ods , prices , financial and accounting data, products and product specifications and all other Intellectual Property Rights created , developed or prepared , documented and/or delivered by Contractor, pursuant to the prov ision of the Services. 2. Sta tements of Work. During the term hereof and subject to the terms and conditions contained herein , Contractor agrees to provide, on an as requested basis , the consulting services , systems integration services , data conversion services , training services, and related services (the "Services") as further described in Schedule A (the "Statement of Work") for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to th is Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule , estimated length of time required to complete each Statement of Work , incl ud in g the estimated start/finish dates , and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Contractor shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications , if any, set forth in the Statement of Work, and in accordance with industry standards. Contractor agrees to exercise the highest degree of professionalism , and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Contractor agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Contractor's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work . Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Vendor shall secure written instructions from City's project director before proceeding with the performance of the Services affected by such omissions or discrepancies . 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work . If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice . City shall notify Contractor as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute . The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible . Upon resolution of the disputed portion , City shall pay to Contractor the resolved amount. 5 . Taxes. City is not subject to taxation . No federal or other taxes (excise , luxury, transportation , sales, etc .) shall be included in quoted prices . City shall not be obligated to pay or reimburse Contractor for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth , franchise , privilege , any other taxes , or assessments , nor any of the foregoing imposed on or payable by Contractor. Upon written notification by City and subsequent ver ification by Contractor, Contractor shall reimburse or credit , as applicable , Ci ty in a timely manne r, for any and all taxes erroneously pa id by City . City shall prov ide Contractor w it h, and C ontracto r shall acce pt in good fa ith , resale , d irect pay , or other exemption certificates , as applicable . 6. Out of Pocket Expenses. Contractor shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City , provided Contractor has furnished such documentation for authorized expenses as City may reasonably request. 7. Aud its. Contractor shall provide such employees and in dependent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Contractor's operations and compliance with this Agreement. Contractor shall provide such auditors and inspectors any reasonable assistance that they may require . Such audits shall be conducted in such a way so that the Services or services to any other customer of Contractor are not impacted adversely. t 8. Term and Termination. The term of th is Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in this Section 8. (a) Convenience . City may, without cause and without penalty , terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice . Upon such termination, City shall , upon receipt of an invoice from Contractor, pay Contractor for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work . (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work . (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors ; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian , or liquidator for its business or all or substantially all of its assets ; (3) files , or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws ; or (4) fries a petition seeking relief or reorganization under any bankruptcy or insolvency laws is fried against that other party and is not dismissed within sixty (60) days after it was filed . (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (''TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and , notwithstanding anyth ing in this Agreement to the contrary , all payment obligations of City are express ly dependent and conditioned upon the cont inu ing availability of funds beyond the term of C ity's c urrent fi scal pe ri od ending upon the next succeeding December 31 . Financial obl igations of City p ayab le after the cu rrent fiscal year are contingent upon funds for that purpose bein g appropriated , budgeted, and ot he rw ise m ad e ava il able in accordance with t he rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds , this Agreement shall be deemed terminated . (f) Ret urn of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control . 9. Ci ty Obli gations. City will provide timely access to City personnel, systems and information required for Contractor to perform its obligations hereunder. City shall provide to Contractor's employees performing its obligations hereunder at City's premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations , including office space , furniture, telephone service , and reproduction , computer, facsimile, secretarial and other necessary equipment, supplies , and services . With respect to all third party hardware or software operated by or on behalf of City , City shall , at no expense to Contractor, obtain all consents , licenses and sublicenses necessary for Contractor to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses . 10. Staff. Contractor is an independent contractor and neither Contractor nor Contractor's staff is, or shall be deemed to be employed by City. City is hereby contracting with Contractor for the Services described in a Statement of Work and Contractor reserves the right to determine the method , manner and means by which the Services will be performed . The Services shall be performed by Contractor or Contractor's staff, and City shall not be required to hire , supervise or pay any assistants to help Contractor perform the Services under this Agreement. Except to the extent that Contractor's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Contractor. 11. Confidential lnfonnation. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party's business , research , development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-101 et. seq ., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care . Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee , agent, representative or independent contractor of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees , agents , representatives , and independent contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action proh ibited under this Section 11 . Further, each party agrees not to alter or remove any identification , copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession , use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that c onta ined in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation ; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently f urni shed rightfully to t hat party by a th ird party w ithout restrictions on use or d isclosu re ; or (4) is required to be d isc losed by law , provided that t he d iscl os ing party will exercise re a son able efforts t o notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Contractor shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Rem edies. Each of the parties hereto agree th at if any of them, their officers , employees or anyone obtaining access to the Confidential Information of t he other party by, through or under them , breaches any provision of this Section 11 , the non-breaching party shall be entitled to an accounting and repayment of all profits , compensation , commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach . In addition to, and not in limitation of the foregoing , in the event of any breach of this Section 11 , the parties agree that the non - breaching party will suffer irreparable harm and that the total amount of monetary damages for any s uch inj ury to the non -breaching party aris ing from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law . Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non- breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11 . The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason . 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall not ify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority . Contractor represents and warrants that: (1) Contractor has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Contractor, and the performance by Contractor of its obligations and duties hereunder, do not and will not violate any agreement to which Contractor is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Contractor, this Agreement will constitute the legal, valid and binding obligation of such party , enforceable against such party in accordance with its terms ; and (4) Contractor acknowledges that City makes no representations , warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Contractor warrants that its employees and contractors shall have sufficient skill , knowledge , and train ing to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work , Contractor warrants it will provide suffic ient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work .. During the course of performance of Services , City may, for any or no reason , request replacement of an employee or a proposed employee . In such event , Contractor shall , with in five (5) working days of receipt of such request from City , provide a subst itute employee of sufficient skill , knowledge , and train ing to perform the appl icable Serv ices . Contracto r shall require employee s providing Serv ices at a Ci ty locat ion to comply with app li cable Ci ty security and safety regulations and pol ici es . (d) Co mpensation and Benefits. Contractor shall provide for and pay the compensation of employees and shall pay all taxes , contributions , and benefits (such as , but not limited to , workers ' compensation benefits) which an employer is required to pay relating to the employment of employees . City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation , benefit , or tax obligations . Contractor shall indemnify , defend and hold City harmless from and against all such taxes , contributions and benefits and will comply with all associated governmental regulations , including the filing of all necessary reports and returns . 14. Indemnification. (a) Contractor Indemnification. Contractor shall indemnify , defend and hold harmless City, its directors , officers , employees , and agents and the heirs , executors , 1ucce1 ors, and permitted ass igns of any of the foregoing (the "City lndemnitees·) from and against all losses , claims , obligations . demands , assessments . fines and penalties (whether civil or crim nal), liabilit' s, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City lndemnitee directly or indirectly arising from or related to : (1) any negligent or intentional act or omission by Contractor or its representatives in the performance of Contractor's obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Contractor contained in this Agreement. (b) Infringement. Contractor will indemnify, defend, and hold City harmless from all lndemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Contractor infringes or misappropriates any Intellectual Property rights of any third party ; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on : ( 1) use of the Work Product in combination with products or services not provided by Contractor to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Contractor or its subcontractors; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party 's cost and expense; provided further, however, that no settlement or compromise of an asserted third-party claim other than the payment/money may be made without the prior written consent of the party claiming in demnification . (d) Immunity. City , its officers , and its employees, are relying on , and do not waive or intend to waive by any provision of this Agreement , the monetary limitations or any other rights , immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S . 24-10-101 et seq ., as from time to time amended , or otherwise available to City , its officers , or its employees . 15. Insurance . (a) Requirements. Contractor agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) Statutory Worker's Compensation , including occupational disease, in accordance with law . (2) Commercial General Liability Insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1 ,000 ,000) per occurrence . (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Contractor's operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence . (b) Approved Companie . All such insurance shall be procured with such insurance companies of good standing , permitted to do business in the country , state or territory where the Services are being performed . (c) Certificates. Contractor shall provide City with certificates of insurance evidencing compliance with th is Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Each certificate of insurance shall provide that the issuing company shall not cancel , reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days ' notice of such cancellation, reduction or material change has been provided to City . 16 . Rights in Work Product. (a, Generally . Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Contractor under any Statement of Work shall remain the property of Contractor. With respect to the Work Product, Contractor unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights , a non-exclusive, irrevocable , perpetual , worldwide , fully paid and royalty-free license , to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and contractors shall be free to use and employ its and their general skills , know-how, and expertise , and to use, disclose , and employ any generalized ideas , concepts , know- how, methods , techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party . 17. Relationship of Parties. Contractor is acting only as an independent contractor and does not undertake , by this Agreement , any Statement of Work or otherwise , to perform any obligation of City , whether regulatory or contractual , or to assume any respons ibility for City 's business or operat ions . Neither party shall act or represent itself, directly or by implication , as an agent of the other, except as expressly authorized in a Stateme nt of Work . 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein . 19. Applicable Law. Cont ractor shall comply with all applicable laws in performing Services but shall be held harm less for violation of any governmental procurement regulation to which it may be subject but to wh ich refe ren ce is not made in the applicable Statement of Work. Th is Agreement shall be construed in ac cordan ce w ith th e laws of the State of Co lorado . Any action or proceed ing brought to inte rpret or en force the provisions of thi s Agreement shall be brought before the state or federal court situated in Arapahoe County , Colorado and each party hereto consents to jurisdiction and venue before such courts . 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent , then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and ag ree that such scope may be judicially modified accordingly and that the whole of such provision of t his Ag reement shall not thereby fail , but that the scope of such provision shall be curtailed only to the extent necessary to c onform to law. 21 . Add itional Work . After receipt of a Statement of Work, City, with Contractor's consent, may request Contractor to undertake additional work with respect to such Statement of Work. In such event , City and Contractor shall execute an addendum to the Statement of Work specifying such add it ional work and the compensa ti on to be pa id to Contractor for such additional work . 22. Subcontractors. Contractor may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work , such subcontractor shall be subject to all of the obligations of Contractor specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery , upon receipt thereof, (2) three (3) days after deposit in the United States mails , postage prepaid , certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery . Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto . 24. Assignment. This Agreement may not be assigned by Contractor without the prior written consent of City . Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs , successors and assigns of the parties hereto . 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into th is Agreement. 27 . Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time ; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Contractor of any service or obligation under this Agreement is prevented , restricted , delayed or interfered with by reason of labor disputes , strikes , acts of God , floods , lightning , severe weather, shortages of materials , ration ing , utility or communicat ions failures , earthquakes , war, revolution , civil commotion , acts of public enemies , blockade , embargo or any law, order, proclamation , regulation , ordinance , demand or requi rement hav ing legal effect of any gove rn mental or j udicial authority or representat ive of any such government , or any oth er act wh ethe r similar or dissim ila r to those referred to in th is clause , wh ich are beyond the reasonable control of Contractor, then Con t ractor shall be excus ed from such performance to the extent of such prevention , restriction , delay or interference . If the period of such delay exceeds thirty (30) days , City may , without liability , term inate the affected Statement of Work(s) upon written notice to Contractor. 29. Tim e of Pe rform ance. Time is expressly made of the essence w ith respect to each and every term and provision of this Agreement. 30. Permi ts. Contractor shall at its own expense secure any and all licenses , permits or certificates that may be required by any federal , state or local statute , ordinance or regulation for the performance of the Services under the Agreement. Contractor shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City , Contractor shall make any change , alteration or modification that may be necessary to comply with any Applicable Laws that Contractor failed to comply with at the time of performance of the Services . 31. Media Releases. Except for any announcement intended solely for internal distribution by Contractor or any disclosure required by legal , accounting , or regulatory requirements beyond the reasonable control of Contractor, all media releases , public announcements, or public disclosures (including , but not limited to, promotional or marketing material} by Contractor or its employees or agents relating to this Agreement or its subject matter, or including the name , trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Contractor shall not represent directly or indirectly that any Services provided by Contractor to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Contractor's customers without City's express written consent. 32. Nonexclusive Market and Purchase Rights . It is expressly understood and agreed that this Agreement does not grant to Contractor an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services . Contractor agrees that acquisitions by City pursuant to this Agreement sh a ll neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions . Estimates or forecasts furnished by City to Contractor prior to or during the term of this Agreement shall not constitute commitments . 33. Survival. The provisions of Sections 5, B(g}, 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. VARIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract w ith a subcontractor that (i) knowingly employs o r contracts w ith an illegal alien to perform work under this Contract or (ii} fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5- 102(2}(a}(I} & (II}.] (b) Verification: Contractor has verified or attempted to verify through participation in the "basic pilot program " (authorized by P.L.204 of 1041h Congress and amended by P.L.156 of 1081h Congress} that Contractor does not employ any illegal aliens . And , if not accepted into the "basic pilot program " prior to entering into this Contract, Contractor further verifies , Contractor will apply to participate in the "basic pilot program " every three months until Contracto r is accepted or this Contract is completed , whicheve r is earlie r. [CRS 8-17 .5-102(2}(b}(I).] (c) Lim itation Regarding the "Basic Pilot Program ": Contractor sh all not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. CRS 8-17 .5-102(2)(b}(II}.] (d ) Duty to Te rmi na te a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract know ingly employs or cont racts with an illegal alien , the Contractor shall; (1} notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contracting with the illegal alien . CRS 8 -17 .5-102(2}(b}(lll}(A) & (8).) (3) Exception: If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal alien. (e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S . 8-17 .5-102 (5). CRS 8-17 .5-102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contract , in whole or in part , due to Contractor's breach of any section of this paragraph. Contractor shall be liable for actual and consequential damages to the C ity in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract. IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts , each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ________________ _ Title:---------------- (Contractor Name) Address City, State , Zip Code By: __________ _ Title:---------- SCHEDULE A Scope of Service Bridge Design Services -Dartmouth Site City of Englewood INTRODUCTION 04/2/07 The following is our understanding of the project scope of services to work with the City of Englewood to prepare design and construction documents for a Pedestrian Bridge over the South Platte River and constructing the trail approaches . It is assumed that there will be one review submittal , at final design , to the City of Englewood . Construction Documents will be submitted to the City of Englewood for Advertisements/Bid . It is anticipated that the design will be complete and the project will be advertised by the end of September 2007 . DESCRIPTION OF PROJECT The City of Englewood would like to provide a separate pedestrian connection over the South Platte River , south of Dartmouth . There is an existing trail along the west side of the South Platte River and a trail along the Little Dry Creek. A new pedestrian bridge south of the existing Dartmouth bridge will provide a connection for the Little Dry Creek and Mary Carter Greenway bike paths . This project includes approximately 300 feet of new path along the east side of the South Platte to connect the pedestrian bridge to the Little Dry Creek trail. It is assumed that the pedestrian bridge will be a prefabricated engineered structure. The trail connection and tie-ins will be designed to meet ADA requirements The following is the detailed scope of services for completing this project: Task 1-Project Coordination Project Coordination Project Coordination Meetings: Hartwig & Assoc iates , Inc . will attend a project kick-off meeting and six coordination meetings to coordinate issues , review the status of the design , and one review meeting. These meetings will be documented and meeting minutes distributed to the City of Englewood and all attendees . Project Kickoff Meeting -The Consultant shall coordinate , participate , and document a kickoff meet ing to be held at either the City 's or COOT offices with the City of Englewood and COOT staff. In add ition to the Project Kick off and Project Coo rdination Meeti ngs, Hartwig & Associates, Inc. will also attend the following meetings : • Coord ination meet ing with geotechnical engineer to ident ify requ irements and locations for test holes . • Three coordination meetings with potential pre-fabricated engineered bridge suppliers . Issues to be discussed would include design criteria , foundation requirements , bearing details and dimensions , truss splicing requirements , structure depth , architectural enhancements , segments lengths and weights , staging area and truss erection and unloading requirements . • Field Office Review /Final Office Review (FIR/FOR) -The Consultant shall participate in the combined FIR/FOR Meeting , to be held at COOT offices at the conclusion of the City's and CDOT's rev iew of the FIR/FOR Design Subm ittal. The Consultant will be respons ible for setting up the meet ing , creating the agenda , and prepa ri ng the meet ing minutes . Hartwi oclat , Inc . ) Scope of Service Bridge Design Services -Dartmouth Site City of Englewood 04/2/07 Project Schedule: Notice to proceed will occur prior to May 7, 2007 . The Final Design Review (FDR) submittal will be made by August 2007 and construction documents will be completed and submitted by the end of September 2007 . Review of plans will be approximately two weeks long. Public Involvement-No formal public involvement meetings are anticipated. Hartwig & Associates will assist the City of Englewood in public involvement throughout the project by attending meeting, providing graphics , answering questions and other activities that will facilitate the public involvement process. Task 2-Data Collection 2.1 Structures & Alignment Alternatives o Collect information on prospective pre-fabricated structure suppliers o Review supplier specifications for conformance with COOT Project Special provisions o Collect information on potential crane sizes and availability o Develop alignment alternatives o Select alignments o Prepare conceptual cost estimates for preferred alternative. 2.2 Surveying/Mapping The Hartwig Team will provide the surveying , mapp ing and right-of-way services for th is project. All of the surveying services provided will be in conformance with the accuracy standards prescribed in the COOT Survey Manual. These services will consist of the following activities : 2.2.1 Project Control Establish project control po ints . The Hartwig Team will set rebar with alum inum caps in secure areas and establish horizontal and vertical values on the control monuments . We will use the horizontal and vertical datum preferred by the City of Englewood . 2.2.2 Control Diagram Our project tea m will prepa re a control dia gram to be incl uded in the construc tion plan set. The control di agram will sho w the loc ati on of the found and set con trol monuments and will include a table of coordinate and elevation values . 2.2.3 Topographic Mapping We will perform a topographic design survey of the project areas . We will recommend the most appropriate method (aerial/terrestrial) once the required mapping limits have been established . We will prepare a topographic survey base map of the project site . The base map will be prepared at a drawing scale of 1· = 20', with 1 foot contours and showing all existing topographic features . We will conduct a field survey to gather additional topographic data including rim and invert elevations of all drainage structures , and sizes and types of pipes , rim and invert elevations of all sanitary sewer manholes , visible surface evidence of utilities and add to the topographic base map . 2.2.4 Right-of-Way and Ownership Research 2 ll1rtwl A r te . lnr. ( Scope of Service Bridge Design Services -Dartmouth Site City of Englewood 04/2/07 We will research the Arapahoe County public records to obtain copies of existing subdivision plats , land survey plats and ownership deeds . We will conduct a field survey to locate all existing required boundary monumentation and aliquot land comer monuments . Compare field data to existing deeds, legal descriptions and adjoining subdivision plats in order to compute the existing boundaries of the various parcels of land within the project area. 2.2.5 Ownership and Right-of-Way Plans Separate right-of-way and ownership plans showing rights-of-way of existing roads and existing ownership of all adjacent properties within the project limits are not anticipated as part of this scope of service. 2.2.6 Utility Location and Pothole Location The Hartwig Team will conduct a field survey to locate utility potholes and utility markings and add to topographic base map . We assume that there will be a maximum of 10 utility potholes to be field located. • Sitewise will be performing the utility locates and potholing for our project team. Sitewise will contact the Utility Notification Center of Colorado (UNCC) to identify the existing Tier 1 and Tier 2 utility companies within the proposed bridge construction area. All utilities identified will be noted on a "Utility Tracking Form" for project documentation. • The Utility Locator will arrange for meetings with all known utilities on site to review the proposed bridge modifications . We will review their underground utility maps , and obtain copies of the maps for project documentation . At the same time , we will verify if their utility locate personnel will perform "engineering locates" of the facilities , or if SiteWise Utility Locators will need to perform that function. • SiteWise 's Utility Locator will electronically locate and mark all underground utilities, not located by the utility owners in the area of the proposed bridge construction. • The Utility Locator will coordinate with the surveyor for them to survey and document the utility information . 2.2.6 Geotech bo rin g locat ions The Hartwig Team will tie geotech bore holes into the base mapp ing . We assume that there will be a maximum of 6 geotech boreholes for the bri dge and walls to be field located . 2.3 Urban Design/Landscape • Establish goals , schedule, budget for urban design and landscape treatments • Urban design goals : o Prioritization for special railing, monuments , signage o Landscape restoration o Site amenities • Bike racks~ockers • Site visit / photo documentation • Assist with potential prefabricated bridge suppliers coordination and prepare review of capabilities and products against criteria . 3 ll1rtwlg ocl1te , Inc . .... Scope of Service Bridge Design Services -Dartmouth Site City of Englewood • Rev iew and document erosion control , plant species, and seed mixes for landscape restoration. 2.4 Geotechnical 04/2/07 • HP Geotech will drill 1 exploratory boring at each bridge abutment. The borings will be drilled to depths sufficient to characterize the materials encountered at the anticipated foundation elevation . We anticipate boring depths in the range of 40 to 50 feet. The borings will be drilled to obtain information on the soil , bedrock and groundwater conditions and to obtain samples for laboratory testing . The borings will be logged and sampled by a representative of HP Geotech. • HP Geotech will drill a total of 4 exploratory borings , 2 on the east and 2 on the west sides of the South Platte River , along the retaining wall alignment to depths of about 20 feet for the proposed retaining walls. Since the borings will be drilled with a truck mounted drill rig, the borings will be located at the top of the creek banks . The borings will be drilled to obtain information on the subsoil and groundwater conditions, and to obtain samples for laboratory testing. Geotechnical recommendations for the retaining walls will also be developed . • Our project team will conduct a laboratory testing program on selected samples obtained from the exploratory borings to determine moisture content, dry density, classification properties, shear strength , sulfate content , swell or consolidation characteristics . • We will submit right-of-way permits to the City of Englewood and will coordinate the locat ion of underground utilities prior to drill ing . 2.5 Hydraulics and Hydrology • Coordinate with surveyor and geotechnical engineer to define upstream and downstream channel survey limits and sub-surface boring location . • Obtain the FEMA Effective floodplain hydraulic model. 2.6 Environmental Li te rature Review -Pri or to perform ing a fi eld survey , research will be conduc ted to collect any avail able data regard ing potent ial waters of the U.S. present within the study area (assumed to be approximate ly 11. mile upstream and downstream of the prefe rred bri dg e loc ati on). This inclu des a review of National Wetland Inventory and U.S. Geological Survey maps, the local Soil Survey, the U.S. Fish and Wildlife Service (USFWS) and Colorado Division of Wildlife (CDOW) websites , and other relevant resources . Field Survey -A field visit will be performed to determine the presence or absence of any wetlands and other waters of the U.S. in the study area . If any of these feat ures are present , the size and location will be documented on a project map and the general conditions of all wetlands will be recorded per the 1987 Corps of Engineers Wetland Delineation Manual. All waters of tha U.S. will either be mapped on 1 inch equals 200-foot scale project maps or recorded using a Global Positioning Unit (GPS) with sub-meter accuracy . This task includes one field meeting with the Corps to confirm wetland boundaries . 4 1-brtwlg od1tt , In c. Scope of Service Bridge Design Services -Dartmouth Site City of Englewood General Assumptions : • The NEPA clearance will be a Categorical Exclusion . • COOT Form 128 will be used , and resource technical memoranda will be attached . • Environmental resources that will be required to be evaluated include : o Wetlands o Wildlife habitat 04/2/07 o T&E habitat (PMJM habitat may exist and will be mapped, but this scope does not include trapping or other field identification) o Section 4(ij properties o Hazardous materials • Clearances will not be required for air quality, noise , farmland protection, archaeology, paleontology, history, historic bridges or 6(ij resources . If these resources are found during data collection, additional scope of services and fee estimate(s) will be required . • A Nationwide 404 permit will be required for the bridge . • The area of potential impact will be smaller than the threshold for an SB 40 permit ; therefore no permit will be required. This task includes meetings and/or phone conversations with the U.S. Army Corps of Engineers (Corps), the City of Englewood , and/or other interested parties . Task 3-Preliminary & Final Design Our project team will complete the design and prepare rev iew documents for a pedestrian bridge over the South Platte River as well as the existing trail tie-ins . This work will include completing the horizontal and vertical design/control , typical sections, grading , pedestrian bridge and retaining wall design, details , and the preparation of review plans and construction documents . It is anticipated that there will be one review submittal at final design . It is ant icipated that the following review and construction documents will be prepared by Hartwig & Assoc iates team : • Ti tl e Sheet • Stan da rd Pla ns List • General Notes • Summary of Approximate Quantities • Tabulation of Quantities • Typical Sections • Detail Sheets (1"=20 ') • Stormwater Management Notes, Tabulation and Plans (1"=50') • Trail Plan/Profile (1 "=20') • Retaining Wall Design, Plans and Details • Bridge General Layout • Bridge Details • Trail Construction Traffic Control Plans • Trail Cross-Sections (every 50 ft .) 5 odat , Inc . Scope of Service Bridge Design Services -Dartmouth Site City of Englewood • Project Special Provisions 04/2/07 All plans will be prepared in COOT format and will follow CDOT's and the City of Englewood's latest criteria and details. The activities necessary to complete this work and to prepare design review and construction documents are as follows : 3.1 Title Sheet, Standard Plans, General Notes and Typical Sections Hartwig & Associates will prepare and finalize the title sheet , standard plans, and general notes for the trail improvements and pedestrian bridge connection. Typical sections for the trail connection will be prepared . 3.2 Tabulation of Quantities/Summary of Approximate Quantities Hartwig & Associates will tabulate the quantities for this work and prepare the project Summary of Approximate Quantities for the final review submittal and construction documents. 3.3 Trail Plans and Profiles/Details The trail connection design will be completed and review documents prepared for the trail connection across the South Platte River, tie-ins and the connection to the Little Dry Creek bikepath . The design activities will include designing the horizontal and vertical alignments/control and preparing the plan and profile sheets . Plans and profiles will reflect the project geometrics and critical horizontal and vertical information . 3.4 Urban Design/Landscape • Prepare conceptual railing and pilaster / monument alternatives . • Coordinate details for bridge railing/monumentation • Prepare landscape/seeding plan and specifications • Tabulate landscaping/seeding quantities 3.5 Geotechnical Analyze the results of the field exploration and laboratory test ing to develop recommendations fo r the bridge and wall foundation design and construction. Prepare a written report that will summarize the data obtained and present our conclusions and recommendations . The field work and report preparation will be conducted under the supervision of a registered professional engineer. 3.6 Hydraulics and Hydrology • Overlay the FEMA base flood elevations onto the project mapping to establish 100-yr floodplain boundary. • It is anticipated that the bridge will encroach into the FEMA floodplain and therefore the following tasks will be completed : 6 or al , In c. Scope of Service Bridge Design Services -Dartmouth Site City of Englewood 04/2/07 o Complete HECRAS modeling of the proposed bridge waterway open ing to determine the impacts to the floodpla in. o Make recommendations to refine the bridge waterway opening to minimize floodpla in impacts. o Prepare and submit a Condition Letter of Map Revision (CLOMR) request to FEMA to obtain approval of the regulatory floodplain changes . o Design and complete the scour and erosion control analysis for the bridge abutments and pier 3.7 Stormwater Management Design and Plans Temporary erosion control will be designed and plans prepared for this work. The temporary erosion control will consist of silt fence, topsoil, seeding, mulching and other mitigation items. Permanent water quality will not be addressed as part of this project. 3.8 Environmental Permitting -Once the preliminary bridge design is complete , the results of the wetland and other waters of the U.S. delineation , including an impact assessment , will be presented in letter format to the Corps as part of a Section 404 Nationwide Permit (NWP) authorization request. The letter will include a description and detailed maps of all waters of the US (including wetlands), a discussion of impacts , and a list of mitigation measures to be implemented during construct ion . All maps will be prepared using GIS . Coordination -This task also includes minor work to coordinate with the engineering team to identify wetlands and other waters of the U.S . on the construction documents. Mapping of wetlands with notes explaining any specific mitigation measures to be employed will help ensure the protection of the resource and the proper implementation of best management practices . Wild life/T&E -Conduct field review and prepare an ESA-compliant analys is of the suitability of hab itats to support sensit ive wildlife spec ies within the project area . The analysis includes evaluat ion of ex isting resource information available on the internet , from published research , from the Colorado Division of Wildlife and the U.S. Fish and Wildlife Service . Field rev iew of the project area will confi rm habitats and wildl ife use of the project area . A technical report will be prepared {draft and final) descri bing the loc at ion and ty pe s of hab itat s, suitability for supporting sensitive wildlife species , resources of importance , and impacts to those resources from proposed project activities . The scope assumes that only minimal comments will be required to be addressed . Threatened and /or Endangered and Special Status Species -Obtain mapping and species data lists from the US Fish and Wildlife Service and other sources as available . Conduct a qualitative field investigation to confirm the presence/a bsence of plan t an d/or animal habitat within the project area . If special status species suitable habitat is found , identify locations for potential future field investigations for the bridge location (any necessary field investiga tions would be conducted under a separate scope of services). Prepare technical memorandum and mapping (draft and final). Cultural Resources -Perform SHPO and COOT records search and conduct limited site in vestigation work as needed to determine the location and type of sites on or eligible for the 7 Hartwi ociat , In c. Scope of Service Bridge Design Services -Dartmouth Site City of Englewood 04/2/07 National Register of Historic Places (NRHP) within the project area . Conduct a literature survey and limited field survey to determine if paleontologic resources are present in the project corridor . Prepare technical memorandum of findings (draft and final). 4(Q Resources -Conduct records research and conduct a windshield inventory to identify potential Section 4(ij resources , including the adjacent public golf course . Prepare Section 4(ij documentation, which is expected to be a "de minimus " finding per recent FHWA guidance . Prepare "de minimus " finding (draft and final) for COOT and FHWA review . Hazardous Materials • Research and obtain data for the project area compiled by EPA, Colorado Department of Health and the Colorado Department of Labor and Employment Division of Oil and Public Safety (OPS) and identify : o Hazardous waste generators ; o Hazardous water treatmenUstorage/disposal facilities (current and closed); o Hazardous waste transporters ; o Locations of underground storage tanks; o Abandoned hazardous waste sites; o Available historic tax records which indicate past land use; o Available historic aerial photos of the corridor (e.g ., USGS, Public Library, etc .); o Any pert inent records maintained by COOT ; o Conduct a windshield and lim ited field search of project area to verify locations noted above . Prepare technical memorandum (draft and final) including mapp ing of findings . • Conduct an initial scoping meeting with COOT and the City of Englewood to review Form 128 Item 8-Clearance Actions. The purpose of the meeting will be to discuss the list of potential resource evaluation requirements , potential required permits and the coordination process with COOT and FHWA. 3.9 Utility Coordination 3.9.1 -Utility Coordination Hartwi g & Associ ates, Inc . wi ll contact the utility compan ies to obtain copies of their latest utility plans and contact information . Hartwig & Associates , Inc . will reconcile the utility mapping information and the survey files . Hartwig & Associates , Inc . will identify known utility conflicts and work with the City of Englewood in coordinating relocations and modifications . No utility design is anticipated for this project. 3.9.2 -Utility Potholing SiteWise LLC, will perform the utility locates and potholing for the project. The activity will consists of the following scope of services : • SiteWise will provide hand sketches of the designated utilities to be used as back-up documentation by our Utility Coordinator and the team 's surveyor to assure that all located utilities have been surveyed . The Utility Coordinator will finalize all project 8 ( ( Scope of Service Bridge Design Services -Dartmouth Site City of Englewood 04/2/07 documentation and perform quality control verifying the survey data compared against the Utility Tracking Form and the SiteWise field utility sketches. • After the utilities have been identified and documented , SiteWise will work with the design team to identity any potholing of underground utilities that maybe in conflict with the proposed bridge foundations or other appurtenances . • SiteWise will develop traffic control plans and obtain the necessary permits required to perform the potholing of underground util ities . • SiteWise will perform all potholing and obta in an X,Y and Z coordinate for all underground utilities in relation to the existing ground elevation . We will also identify , to the best of our ability, the utility type , size and construction material which will be documented on hand sketches and a "pothole log " to be used as back-up documentation for the project • If desired , the Utility Coordinator will coordinate with the team surveyor for them to survey and document the utility information obtained during the pothole process . • SiteWise will backfill and restore all potholes to thei r original condition based upon the requirement of the permit. 3.9.3 -Incorporation of Utility Potholing Information into Plans Hartwig & Associates , Inc . will incorporate the utility potholing information received from SiteW ise into the project files , prepare a utility potholing log sheet for incorporation into the construction documents , and show the utility locates/pothole information in the plans , profiles and cross sections . 3.10 Bridge and Associated Retaining Walls Design Hartwig & Assoc iates , Inc . will analyze different bridge structures to determine the most approp ri ate structure to be constructed at the Dartmouth site . Ha rtwig & Asso ci ates will perform the follo wi ng activities as part of the prel iminary and fi nal des ign of the bri dge and reta ining walls : • Review geology report and evaluate foundation options • Define design criteria -AISC or AASHTO • Define loading criteria -Maintenance vehicle loads • Define clear structure width , railing and pedestrian screen heights • Define required freeboard and vertical clearances • For a pre-fabricated, engineered structure , determine deck material to be used -timber or concrete • Review hydraulic report • Determine possible pier placement locations • Locate all potential utility conflicts • Determ ine foundation types and sizes for piers , abutments , wingwalls , and retaining walls 9 Hartw l& oci t , In c. Scope of Service Bridge Design Services -Dartmouth Site City of Englewood • Research crane sizes, capacities, boom lengths, and possible crane pad locations 04/2/07 • Investigate construction issues such as access for erection cranes, pile driving , and caisson drilling equipment • Determine need for any temporary ramps to provide crane or construction equipment access • Investigate feasibility of a clear span structure • Coordinate with bridge architect on structure enhancements, bridge lighting, railing and pedestrian screen details, maintenance issues (anti-graffiti measures) • Investigate possible alignments, span configurations , and structure types, and prepare structure type selection study report. • Prepare general layout based on selected structure type. • Final design of bridge substructures, and retaining walls • Prepare construction drawings for bridge and any necessary retaining walls -utilize COOT standard MSE block walls if possible • Calculate and tabulate quantities • Drawing review, independent design and quantity check of bridge substructures 3.11 Construction Traffic Control The construction traffic control plans for this project will consist of providing minor traffic control at each ends of the project to tie the trail into the existing . Construction Traffic Control Plans will be prepared following the latest MUTCD. Construction Traffic Control Plans will be prepared for the Final Design Review submittal and the construction documents . Construction traffic control will be tabulated for the project. 3.12 Cross Sections Cross Sections will be developed by modeling the horizontal and vertical alignments using the typical sections for the project. Cross sections will be prepared at 50-foot increments as well as at any critical sections required for clarification or to control the work . 3.13 Specifications and Cost Estimates Hartwig & Assoc iates will prepare project special provisions as necessary for these improvements. Construction cost estimate will be prepared during the alternatives development , Final Des ign Review Meeting and Construction Advertisement. 3.14 Final Design Review Meetings Hartwig & Associates will provide 18 sets of 11x17 final review plans to the City of Englewood for distribution for the Final Design Review Submittal . Hartwig & Associates , Inc . will attend both the FOR meeting and prepare meeting minutes for these meetings . 3.15 Construction Documents/Advertisement Hartwig & Associates will make corrections to the plans and special provisions after the final design review meeting and prepare the advertisement package . Deliverables for the advertisement package will consists of 40 sets of 11x17 plans for the City of Englewood 's records . JO lll rtwl ocl1 te , In . 412412007 PROPOSAL City of Englewood Bridge Design Services -Dartmouth Summary -Design, Review and Construction Documents Labor: Classification Sr. Engineer/Principal Sr. Structural Engineer Sr. Technician II/Engineer Sr. Technician I Cadd/ Support Hours 71 146 41 207 44 509 Rate $115 .00 $115 .00 $95.00 $70.00 $52 .00 Total $8,165.00 $16,790 .00 $3,895.00 $14,490 .00 $2,288.00 $45,628 .00 Subconsultants: _C....;;o_m_.,p_a_ny..__ ___________________ ..;..To.;;;.ta~I Expenses: Dartmouth F Propo I.xi David Evans & Associates (Environmental) David Evans & Associates (Structural Checks) David Evans & Associates (Surveying) EDAW HP Geotech Moser Engineering Alpine-Eco SiteWise, LLC Summit Technical Resources Wildlife Specialties Description Mileage , Reproduction , Delivery Service , Postage $7,062 .00 $6,645.60 $13,770 .00 $12,180.00 $7,015.00 $12,195 .00 $3,735 .00 $4,210.00 $4,125.00 $2,675 .00 $73,612 .60 Total $1 ,700 .00 $1 ,700 .00 TOTAL FOR DESIGN & CONSTRUCTION DOCUMEN $120,940.60 ( SCHEDULE B Scope of Service 04/24/07 Bridge Design Services -Oxford Site City of Englewood INTRODUCTION The following is our understanding of the project scope of services to work with the City of Englewood to prepare design and construction documents for a Pedestrian Bridge over the South Platte River and constructing tt:ie trail approaches. It is assumed that there will be one review submittal , at final design, to the City of Englewood . Construction Documents will be submitted to the City of Englewood for Advertisements/Bid. It is anticipated that the design will be complete and the project will be advertised by the end of September 2007 . DESCRIPTION OF PROJECT The City of Englewood would like to provide a separate pedestrian connection over the South Platte River , north of Oxford . There is an existing trail along both sides of the South Platte River and a golf cart bridge that is shared by the trail users and the golfers . A new pedestrian bridge south of the existing golf course bridge would provide this connection. It is assumed that the pedestrian bridge will be a prefabricated engineered structure . Modifications of the existing trail at the approaches would be required. The trail connection and tie-ins will be designed to meet ADA requirements . In addition, an intersection of the trail and the golf cart along the east side of the South Platter River will be improved. A roundabout intersection will be considered as well as separating the trail from the golf cart by going underneath the existing golf cart bridge . The following is the detailed scope of services for completing this project: Task 1 -Project Coordination Project Coordination Project Coordination Meetings: Hartwig & Associates, Inc . will attend a project kick-off meeting and six coordination meetings to coordinate issues, review the status of the design, and one review meeting. These meetings will be documented and meeting minutes distributed to the City of Englewood and all attendees . Project Kickoff Meeting-The Consultant shall coord inate , participate , and document a kickoff meet ing to be he ld at either the City 's or COOT offices with the City of Englewood and COOT staff. In ad dition to the Project Kickoff and Project Coordination Meetings , Hartwig & Associates, Inc . will also attend the following meetings : • Coordination meeting with geotechnical engineer to identify requirements and locations for test holes . • Three coordination meetings with potential pre-fabricated engineered bri dge suppliers . Issues to be discussed would include desi gn criteria , foun dation req uirements, bea ri ng details and dimensions , truss splicing requirements , structure depth , architectural enhancements, segments lengths and weights, staging area and truss erection and unloading requirements . • Field Office Review/Final Office Review (FIR/FOR) -The Consultant shall participate in the combined FIR/FOR Meeting , to be held at COOT offices at the conclusion of the Ctty's and Harf1'•1 Int. Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24/07 CDOT's review of the FIR/FOR Design Submittal. The Consultant will be responsible for setting up the meeting, creating the agenda , and preparing the meeting minutes. Project Schedule: Notice to proceed will occur prior to May 7, 2007 . The Final Design Review (FDR) submittal will be made by August 2007 and construction documents will be completed and submitted by the end of September 2007 . Review of plans will be approximately two weeks long . Public Involvement-No formal pub lic involvement meetings are anticipated. Hartwig & Associates will ass ist the City of Englewood in public involvement throughout the project by attending meeting , providing graphics, answering questions and other activities that will facilitate the public involvement process . Task 2 -Data Collection 2.1 Structures & Alignment Alternatives o Collect information on prospective pre-fabricated structure suppliers o Rev iew supplier specifications for conformance with COOT Project Special provisions o Collect information on potential crane sizes and availability o Develop alignment alternatives o Select alignments o Prepare conceptual cost estimates for preferred alternative . 2.2 Surveying/Mapping The Hartwig Team will provide the surveying , mapp ing and right-of-way services for th is project. All of the surveying services provided will be in conformance with the accuracy standards prescribed in the COOT Survey Manual. These services will consist of the following activities : 2.2.1 Project Control Establ ish project control points . The Hartwig Team will set rebar with alum inum caps in secure areas and estab li sh ho riz ontal and vertical values on the control monuments . We will use the hori zonta l and vert ic al datum preferred by the City of Englewood . 2.2 .2 Control Diagram Our project team will prepare a control diagram to be included in the construction plan set. The control diagram will show the location of the found and set control monuments and will include a table of coordinate and elevation values . 2.2.3 Topographic Mapping We will perform a topographic design survey of the project areas . We will recommend the most appropriate method (aerial/terrestrial) once the required mapping limits have been established . We will prepare a topographic survey base map of the project site . The base map will be prepared at a drawing scale of 1 • = 20', with 1 foot contours and showing all existing topographic features . We will conduct a field survey to gather additional topographic data including rim and invert elevations 2 llartwig A ociate , In c. Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24/07 of all drainage structures, and sizes and types of pipes, rim and invert elevations of all sanitary sewer manholes , visible surface evidence of utilities and add to the topographic base map. 2.2.4 Right-of-Way and Ownership Research We will research the Arapahoe County public records to obtain copies of existing subdivision plats , land survey plats and ownership deeds . We will conduct a field survey to locate all existing required boundary monumentation and aliquot land comer monuments . Compare field data to existing deeds , legal descriptions and adjoining subdivision plats in order to compute the existing boundaries of the various parcels of land within the project area. 2.2.5 Ownership and Right-of-Way Plans Separate right-of-way and ownership plans showing rights-of-way of existing roads and existing ownership of all adjacent properties within the project limits are not anticipated as part of this scope of service. 2.2.6 Utility Location and Pothole Location The Hartwig Team will conduct a field survey to locate utility potholes and utility markings and add to topographic base map . We assume that there will be a maximum of 5 utility potholes to be field located . • Sitewise will be performing the utility locates and potholing for our project team . Sitewise will contact the Utility Notification Center of Colorado (UNCC) to identify the existing Tier 1 and Tier 2 utility companies within the proposed bridge construction area. All utilities identified will be noted on a "Utility Tracking Form " for project documentation . • The Utility Locator will arrange for meetings with all known utilities on site to review the proposed bridge modifications . We will review their underground utility maps, and obtain copies of the maps for project documentation . At the same time, we will verify if their utility locate personnel will perform "engineering locates " of the facilities, or if SiteWise Utility Locators will need to perform that function. • SiteWise's Utility Locator will electronically locate and mark all underground utilities , not located by the utility owners in the area of the proposed bridge construction . • The Ut ility Locator will coordinate with the surveyor for them to survey and document the utility information . 2.2.6 Geotech boring locations The Hartwig Team will tie geotech bore holes into the base mapping . We assume that there will be a max imum of 6 geotech boreholes for the bridge and walls to be field located . 2.3 Urban Design/Landscape • Establish goals, schedule , budget for urban design and landscape treatments • Urban design goals : o Prioritization for special railing , monuments , signage o Landscape restoration o Site amenities ociat , In c. Scope of Service Bridge Design Services -Oxford Site City of Englewood • Bike racksAockers • Site visit / photo documentation • Assist with potential prefabricated bridge suppliers coordination and prepare review of capabilities and products against criteria . • Review and document erosion control , plant species , and seed mixes for landscape restoration . 2.4 Geotechnical 04/24/07 • HP Geotech will drill 1 exploratory bor ing at each bridge abutment. The borings will be drilled to depths sufficient to characterize the materials encountered at the anticipated foundation elevation . We anticipate boring depths in the range of 40 to 50 feet. The borings will be drilled to obtain information on the soil, bedrock and groundwater conditions and to obtain samples for laboratory testing. The borings will be logged and sampled by a representative of HP Geotech. • HP Geotech will drill a total of 4 exploratory borings , 2 on the east and 2 on the west sides of the South Platte River, along the retaining wall alignment to depths of about 20 feet for the proposed retaining walls . Since the borings will be drilled with a truck mounted drill rig , the borings will be located at the top of the creek banks . The borings will be drilled to obtain information on the subsoil and groundwater conditions, and to obtain samples for laboratory test ing . Geotechn ical recommendat ions for the reta ining walls will also be developed . • Our project team will conduct a laboratory testing program on selected samples obta ined from the exploratory borings to determine moisture content , dry density , classification properties , shear strength , sulfate content , swell or consol idation characteristics . • We will submit right-of-way permits to the City of Englewood and will coordinate the location of underground utilities prior to drilling . 2.5 Hydraulics and Hydrology • Coo rdinate with surveyor and geotechnical eng ineer to define upstream and downstream channe l survey limits and sub-surface bor ing location . • Obta in the FE MA Effe cti ve floodpla in hyd raul ic mode l. 2.6 Env ironmental Literature Review -Prior to performing a field survey , research will be conducted to collect any available data regarding potential waters of the U.S. present within the study area (assumed to be approximately ~ mile upstream and downstream of the preferred bridge location). This includes a review of National Wetland Inventory and U.S. Geological Survey maps, the local Soil Survey, the U.S. Fish and Wildlife Service (USFWS) and Colorado Division of Wildlife (CDOW) websites, and other relevant resources . Field Survey -A field visit will be performed to determine the presence or absence of any wetlands and other waters of the U.S. in the study area . If any of these features are present, the size and locat ion will be documented on a project map and the general conditions of all wetlands will be recorded per the 1987 Corps of Engineers Wetland Delineation Manual. All waters of the U.S. will 4 Hartwl& oclat , Inc. ; Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24/07 either be mapped on 1 inch equals 200-foot scale project maps or recorded using a Global Positioning Unit (GPS) with sub-meter accuracy. This task includes one field meeting with the Corps to confirm wetland boundaries. General Assumptions : • The NEPA clearance will be a Categorical Exclusion . • COOT Form 128 will be used, and resource technical memoranda will be attached. • Environmental resources that will be required to be evaluated include : o Wetlands o Wildlife habitat o T&E habitat (PMJM habitat may exist and will be mapped , but this scope does not include trapping or other field identification) o Section 4(ij properties o Hazardous materials • Clearances will not be required for air quality , noise, farmland protection, archaeology, paleontology, history, historic bridges or 6(ij resources. If these resources are found during data collection, additional scope of services and fee estimate(s) will be required. • A Nationwide 404 permit will be required for the bridge. • The area of potential impact will be smaller than the threshold for an SB 40 permit; therefore no permit will be required . Th is task includes meetings and/or phone conversations with the U.S. Army Corps of Engineers (Corps), the City of Englewood , and/or other interested parties . Task 3 -Preliminary & Final Design Our project team will complete the design and prepare review documents for a pedestrian bridge over the South Platte River as well as the existing trail tie-ins . This work will include completing the horizontal and vertical design/control, typical sections, grading, pedestrian bridge and retaining wall design , details , and the preparation of review plans and construction documents . It is anticipated that there will be one review submittal at final design . It is anticipated that the following review and construction documents will be prepared by Hartwig & Associ ates team : • Title Sheet • Standard Plans List • General Notes • Summary of Approximate Qua nti ties • Tabulation of Quan tities • Typical Sections • Detail Sheets (1 "=20 ') • Stormwater Management Notes , Tabulation and Plans (1 "=50 ') • Trail Plan/Profile (1 "=20 ') • Reta ining Wall De sign , Plans and Details s Hartw ig A o la te , In c. Scope of Service Bridge Design Services -Oxford Site City of Englewood • Bridge General Layout • Bridge Details • Trail Construction Traffic Control Plans • Trail Cross-Sections (every 50 ft.) • Project Special Provisions 04/24/07 All plans will be prepared in COOT format and will follow CDOT's and the City of Englewood 's latest criteria and details . The activities necessary to complete this work and to prepare design review and construction documents are as follows : 3.1 Title Sheet, Standard Plans, General Notes and Typical Sections Hartwig & Associates will prepare and finalize the title sheet, standard plans, and general notes for the trail improvements and pedestrian bridge connection . Typical sections for the trail connection will be prepared . 3.2 Tabulation of Quantities/Summary of Approximate Quantities Hartwig & Associates will tabulate the quantities for this work and prepare the project Summary of Approximate Quantities for the final review submittal and construction documents . 3.3 Trail Plans and Profiles/Details The trail connection design will be completed and review documents prepared for the trail connection across the South Platte River . The design activities will include designing the horizontal and vertical alignments/control and preparing the plan and profile sheets . Plans and profiles will reflect the project geometrics and critical horizontal and vertical information . 3.4 Urban Design/Landscape • Prepare conceptual railing and pilaster/ monument alternatives . • Coordinate details for bridge ra iling /monumentation • Prepare landscape /seeding plan and specifications • Tabu late landscaping /seed ing quant ities 3.5 Geotechn ical Analyze the results of the field exploration and laboratory testing to develop recommendations for the bridge and wall foundation design and construction . Prepare a written report that will summarize the data obtained and present our conclusions and recommendations . The field work and report preparation will be conducted under the supervision of a registered professional engineer. 3.6 Hydraulics and Hydrology • Overlay the FEMA base flood elevations onto the project mapping to establish 100-yr floodplain boundary . 6 tlutwl& oclat , Inc . ( Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24/07 • It is anticipated that the bridge will encroach into the FEMA floodplain and therefore the following tasks will be completed: o Complete HECRAS modeling of the proposed bridge waterway opening to determine the impacts to the floodplain. o Make recommendations to refine the bridge waterway opening to minimize floodplain impacts . o Prepare and submit a Condition Letter of Map Revision {CLOMR) request to FEMA to obtain approval of the regulatory floodplain changes. o Design and complete the scour and erosion control analysis for the bridge abutments and pier 3. 7 Stormwater Management Design and Plans Temporary erosion control will be designed and plans prepared for this work . The temporary erosion control will consist of silt fence, topsoil , seeding, mulching and other mitigation items . Permanent water quality will not be addressed as part of this project. 3.8 Environmental Permitting -Once the preliminary br idge design is complete , the results of the wetland and other waters of the U.S. delineation , includ ing an impact assessment, will be presented in letter format to the Corps as part of a Section 404 Nationwide Permit (NWP) autho ri zation reques t. The letter will include a description and detailed maps of all waters of the US (including wetlands), a discussion of impacts, and a list of mitigation measures to be implemented during construction . All maps will be prepared us ing GIS . Coordination -This task also include s minor work to coordinate with the engineering team to identify wetlands and other waters of the U.S. on the construct ion documents . Mapping of wetlands with notes explaining any spec ific mit igat ion measures to be employed will he lp ensure the protect ion of the resource and the proper implementation of best management practices . Wildlife/T&E -Conduct field review and prepare an ESA-compliant analysis of the su itab ility of habitats to support sens itive wildlife spec ies with in the project area . The analysis includes eva luati on of exi st ing resource informa ti on avail abl e on the interne t, from pub li shed rese arch, from the Colorado Division of Wildlife and the U.S. Fish and Wildlife Service . Field review of the project area will confirm habitats and wildlife use of the project area . A technical report will be prepared (draft and fina l) describing the locat ion and types of habitats , suitability for supporting sens itive wildl ife species , resources of importance , and impacts to those resources from proposed project act ivities . The scope assumes that only minimal comments will be required to be addressed . Threatened and/or Endangered and Special Status Species -Obtain mapping and species data lists from the US Fish and Wildlife Service and other sources as available . Conduct a qualitative field investigation to confirm the presence/absence of plant and/or animal hab itat within the project area . If special status species suitable habitat is found , identify locations for potential future field investigations for the bridge location (any necessary field investigations would be conducted under a separate scope of services). Prepare technical memorandum and mapping (draft and final). 7 Hartwig odat , In t. Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24/07 Cultural Resources -Perform SHPO and COOT records search and conduct limited site investigation work as needed to determine the location and type of sites on or eligible for the National Register of Historic Places (NRHP) within the project area. Conduct a literature survey and limited field survey to determine if paleontologic resources are present in the project corridor . Prepare technical memorandum of findings (draft and final). 4(f) Resources -Conduct records research and conduct a windshield inventory to identify potential Section 4(f) resources, including the adjacent public golf course. Prepare Section 4(f) documentation, which is expected to be a "de minimus" finding per recent FHWA guidance. Prepare "de minimus" finding (draft and final) for COOT and FHWA review . Hazardous Materials • Research and obtain data for the project area compiled by EPA, Colorado Department of Health and the Colorado Department of Labor and Employment Division of Oil and Public Safety (OPS) and identify: o Hazardous waste generators; o Hazardous water treatment/storage/disposal facilities (current and closed); o Hazardous waste transporters; o Locations of underground storage tanks; o Abandoned hazardous waste sites ; o Available historic tax records which indicate past land use ; o Available historic aerial photos of the corr idor (e .g., USGS , Public Library , etc .); o Any pertinent records maintained by COOT; o Conduct a windshield and limited field search of project area to verify locations noted above . Prepare technical memorandum (draft and final) including mapping of findings . • Conduct an initial scoping meeting with COOT and the City of Englewood to review Form 128 Item 8-Clearance Actions . The purpose of the meeting will be to discuss the list of potential resource evaluation requirements , potential required permits and the coordination process with COOT and FHWA . 3.9 Utility Coordination 3.9.1 -Utility Coordination Hartwig & Associates , Inc . will contact the utility companies to obtain copies of their latest utility plans and contact information . Hartwig & Associates , Inc . will reconcile the utility mapping information and the survey files . Hartwig & Associates, Inc . will identify known utilit y conflicts and work with the City of Englewood in coordinating relocations and modifications . No utili ty desi gn is antici pated fo r this project. 3.9.2 -Utility Potholing SiteWise LLC , will perform the utility locates and potholing for the project. The activity will consists of the following scope of services : Hartwi& ociate , Inc. Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24/07 • Site Wise will provide hand sketches of the designated utilities to be used as back-up documentation by our Utility Coordinator and the team's surveyor to assure that all located utilities have been surveyed . The Utility Coordinator will finalize all project documentation and perform quality control verifying the survey data compared against the Utility Tracking Form and the SiteWise field utility sketches. • After the utilities have been identified and documented, SiteWise will work with the design team to identity any potholing of underground utilities that maybe in conflict with the proposed bridge foundations or other appurtenances . • SiteWise will develop traffic control plans and obtain the necessary permits required to perform the potholing of underground utilities. • SiteWise will perform all potholing and obtain an X,Y and Z coordinate for all underground utilities in relation to the existing ground elevation. We will also identify, to the best of our ability, the utility type, size and construction material which will be documented on hand sketches and a "pothole log" to be used as back-up documentation for the project ~ • If desired, the Utility Coordinator will coordinate with the team surveyor for them to survey and document the utility information obtained during the pothole process. • SiteWise will backfill and restore all potholes to their original condition based upon the requirement of the permit. 3.9.3 -Incorporation of Utility Potholing lnfonnation into Plans Hartwig & Associates , Inc. will incorporate the utility potholing information received from SiteWise into the project files , prepare a utility potholing log sheet for incorporation into the construction documents, and show the utility locates/pothole information in the plans, profiles and cross sections . 3.1 O Bridge and Associated Retaining Walls Design Hartwig & Associates , Inc. will analyze different bridge structures to determine the most appropr iate structure to be constructed at the Oxford site . Hartwig & Associates will perform the following activities as part of the preliminary and final design of the bridge and retaining walls : • Review geology report and evaluate foundation options • Define desi gn crite ria -AISC or AASHTO • Define loa ding cri te ria -Maintenance vehicle loads • Define clear structu re wi dth , railing and pedestrian screen heigh ts • Define required freeboard and vertical clearances • For a pre-fabricated , engineered structure , determine deck material to be used -timber or concrete • Review hydraulic report Hartwig ociat , In c. Scope of Service Bridge Design Services -Oxford Site City of Englewood • Determine possible pier placement locations • Locate all potential utility conflicts 04/24107 • Determine foundation types and sizes for piers, abutments, wingwalls, and retaining walls • Research crane sizes, capacities , boom lengths, and possible crane pad locations • Investigate construction issues such as access for erection cranes , pile driving , and caisson drilling equipment • Determine need for any temporary ramps to provide crane or construction equipment access • Investigate feasibility of a clear span structure • Coordinate with bridge architect on structure enhancements, bridge lighting, railing and pedestrian screen details, maintenance issues (anti-graffiti measures) • Investigate possible alignments, span configurations , and structure types, and prepare structure type selection study report. • Prepare general layout based on selected structure type . • Final design of bridge substructures, and retaining walls • Prepare construction drawings for bridge and any necessary retaining walls -utilize COOT standard MSE block walls if possible • Calculate and tabulate quantities • Drawing review, independent design and quantity check of bridge substructures 3.11 Construction Traffic Control The construction traffic control plans for this project will consist of providing minor traffic control at each ends of the project to tie the trail into the existing. Construction Traffic Control Plans will be prepared following the latest MUTCD . Construction Traffic Control Plans will be prepared for the Final Design Review submittal and the construction documents . Construction traffic control will be tabulated for the project. 3.12 Cross Sections Cross Sections will be developed by modeling the horizontal and vertical alignments using the typical sections for the project. Cross sections will be prepared at 50 -foot increments as well as at any critical sections required for clarification or to control the work . 3.13 Specifications and Cost Estimates Hartwig & Associates will prepare project special provisions as necessary for these improvements . Construction cost estimate will be prepared during the alternatives development , Final Design Review Meeting and Construction Advertisement. 3.14 Final Design Review Meetings Hartwig & Associates will provide 18 sets of 11x17 final review plans to the City of Englewood for distribut ion for the Final Design Review Submittal. Hartwig & Associates , Inc . will attend both the FOR meeting and prepare meeting minutes for these meetings . 3.15 Construction Documents/Advertisement 10 H1rtwl ocl1 t , In c. Scope of Service Bridge Design Services -Oxford Site City of Englewood 04/24107 Hartwig & Associates will make corrections to the plans and special provisions after the final design review meeting and prepare the advertisement package . Deliverables for the advertisement package will consists of 40 sets of 11x17 plans for the C~y of Englewood's records . II Hartwl& A oc at • Inc. 412412007 PROPOSAL City of Englewood Bridge Deelgn Service• • Oxford Summary -Conceptual Design and Review Documents Labor: Expenses: Oxford Fee Propoul.ld 1 Claselftcatlon Houl'9 Sr. Engineer/Principal 71 Sr. Structural Engineer 138 Sr. Traffic Engineer 0 Sr. Technician II/Engineer 41 Sr. Technician I 207 Cadd/ Support 44 501 David Evans & Associates (Environmental) David Evans & Associates (Structural Support) David Evans & Associates (Surveying) EDAW HP Geotech Moser Engineering Alpine-Eco Site\Nise, LLC Summit Technical Resources \Nildlife Specialties Deecrlption Mileage , Reproduction , Delivery Service , Postage Rate $115.00 $115 .00 $120.00 $95.00 $70 .00 $52.00 TOTAL FOR DESIGN & CONSTRUCTION DOCUMEN Total $8,165.00 $15,870 .00 $0 .00 $3,895.00 $14,490.00 $2,288 .00 $44,708 .00 $7,062 .00 $6,645 .60 $13,770 .00 $8 ,188 .00 $7,015.00 $12,195 .00 $3 ,735 .00 $2,690 .00 $4 ,125.00 $2 ,675 .00 $68,100 .60 Total $1 ,700 .00 $1,700 .00 $114.608.60 COUNCIL COMMUNICATION Date: May 7, 2007 Agenda Item: 10 a Initiated By: Swedish Medical Center Subject: Swedish Medical Center Planned Development Amendment No. 6 Staff Source: Tricia Langon , Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed Swedish Medical Center Planned Development (PD) Amendment No. 6 on first reading on April 2, 2007. Council set a Public Hearing for May 7, 2007. RECOMMENDED ACTION Staff recommends that Council consider testimony during Public Hearing on the Swedish Medical Center Planned Development Amendment No. 6 and approve the proposed Amendment BACKGROUND Swedish Medical Center is located in the area bounded by South Logan Street on the west, East Girard Street on the north, South Clarkson Street on the east and East Hampden A venue on the south . The surrounding area is zoned R-1-C and MU-R-3 -B to the north, MU-R-3-B to the east and w est, and MU-B-2 to the south . The Sw edish Medical Center Planned Dev elopment w as originally approved by City Council as Resolution Number 30 , Series of 1989. Sin ce then, Council approved the follow ing fi ve am endments : Resolution No. 4 7, Series of 1989; Resolution No. 78 , Series of 1990; Resolution No. 59, Series of 1992; Res olution N o. 2 6, Ser ies of 1993 ; and Ordinance No. 10, Seri es of 2001 . The Planned Development (PD) Ordinance, which overlayed development criteria onto existing zone district regulations, was repealed with the adoption in 1996 of the Planned Unit Development (PUD) Ordinance. The repeal had no effect on the status of existing Planned Developments and provided that any amendments to existing PDs be made under the same procedure as the original PD application. Amendment No. 6 proposes an addition above the main entrance of th e hospital on East Hampden Avenue between South Pennsylvania and South Pea rl Streets. This expansion is intended to pro ide medical/surgical beds in private rooms to meet the growing consumer demand for patient-focused facilities within the hospital. Though the overall number of rooms increases with this expansion, only 5 additional hospital beds are provided because of the reconfiguration from semi-pri ate to pri ate rooms . The building on which the expansion is planned spans the City Ditch. On April 2, 2007, Council approved an update to the City Ditch License Agreement and a Temporary Construction Easement for curb, gutter and asphalt/concrete driveway over the City Ditch. ANALYSIS In reviewing a Planned Development amendment the following standards are to be applied: 1. Uses permitted. The use of the property which is the subject of the Planned Development, shall be a Permitted Principal Use in the Zone District in which the Development is located, or a use permitted pursuant to other provisions of the Zoning Ordinance. Hospital use is permitted in the MU-R-3-B zone district pursuant to Table 16-5-1 .1 Table of Allowed Uses of the Unified Development Code. 2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and the policies therein. Roadmap Englewood : 2003 Englewood Comprehensive Plan recognizes that Swedish Medical Center is an anchor of the City's economy and with its conversion to a for-profit enterprise the hospital will continue to grow. Furthermore, consistency with the Comprehensi v e Plan has been validated through the approval of the original PD and its fi ve subsequent amendments. The Comprehensi ve Plan recognizes the long-range expansion of Sw edish Medical Center and notes that it could be a catalyst for further redevelopment: "The City also sees a potential for additional businesses that will provide goods and services to hospital employees, patients, and visitors." Without Swedish Medical Center this goal would not be achieved. 3. The Planned Development's relationship to its surroundings shall be considered in order to avoid ad verse effects to the existing and possible future de velopment caus ed by traffi c ci rc ulation, building height or bulk, lack of sc reening or intrusions of pri vacy. Th e pro p osed ex p ansion is locat ed ab ove th e hos pital 's main entrance w h ic h is cu rre ntl y 53 fee t 4 inc hes tall. The expa nsion co n sis ts of two occ up ie d fl oors (private rooms) and 1 interstitial "floor" that houses mechanical equipment and transitions between the floor levels of the expansion and the existing patient tower building behind the expansion . The proposed expansion increases the building height to 93.5 feet which exceeds the current maximum 60 feet building height in the MU-R-3-B district. The PD regulations allow for two types of plan changes: adminis t rative changes required for engineering or other circumstances not foreseen at the time the de elopment was approved, and "all other changes." These other amendments "must be made under the procedures that are applicable to the initial appro al of a Planned De elopment." Therefore any request for an amendment to the appro ed plan must b re ie-. ed and approv d through the PD process . 2 .• ) 4. The hospital towers and other build ings exceeding the 60 feet maximum building height were developed when the following Height Exception regulation was part of the Englewood Municipal Code: "A principal permitted building or structure, or a building or structure permitted by Conditional Use, may exceed the height limitation for the particular Zone District in which said building or structure is located if, for each additional foot of height, an additional foot of side yard is provided in addition to each minimum side yard required " (emphasis added). In the MU-R-3-B District the minimum side yard requirement (setback) for hospital use is 15 feet and the maximum building height is 60 feet. The proposed height expansion is 33.5 feet (93.5 minus 60). Using the height exception provision requires that the structure be a minimum of 15 feet plus 33.5 feet (the required setback + the additional height) from the side property lines. The subject building is set back more than 600 and 300 feet respectively from the campus's side (east and west) property lines. Therefore the building setbacks exceed those required by the height exception. Swedish Medical Center has little developable land available for ground-level expansion unless it expands beyond the current campus boundaries by encroaching i nto residential areas . Based on the City's recognition that the hospital will expand and public sentiment during the Medical Center Small Area Plan public meetings not to see further expansion into residential areas, the hospital has no room to expand but u p. Minimum requirements for usable open space shall be set through the overall design and amenities proposed for development. The required landscaped area requirement for nonresidential uses in the MU-R-3-B zone district is 25% of the total site. With the footprint expansion under Amendment No. 5 the overall landscape cov erage was 27.33 %. The addition of two floors in Amendment No. 6 ov er existing footprint does not apprec iabl y c hange th e ove rall land sca p e c ove rage . 5. The number of off-s tree t p ark ing spa ces in th e p ropose d d eve lopm ent shall not be less than the requirement of Comprehensive Zoning Ordinance. The City's minimum parking standard for a hospital is one space for every two beds, plus one space for every two employees on duty. The proposed expansion will result in an increase of 5 beds or a total of 3 73 beds . The employee count is expected to remain at approximately 1,000 people. Based on these numbers the minimum parking requirement is 637 parking spaces. Walker Parking Consultants conducted a parking study in 2001 that identified 2,196 available parking spaces were on the Swedish Hospital cam pus . Since then, 262 paces ha e been added at surface parking lots on South Emerson Street (the former Engl wood Garden Center) and on South Pearl Street. These new lots bring the total parking supply to 2,458 spaces . Therefore the expansion does not require dditional parking to be provided. 3 Swedish Hospital will prov ide temporary on -site parking for construction personnel. 6. Site Plan . The approv ing agencies shall be satisfied that the site plan for the Planned Development meets all the following requirements: a. If the proposed development includes multi-family or nonresidential buildings or structures and is adjacent to a single-family residential use district, the dev elopment shall contain a buffer. The proposed surgical and critical care expansion is at the Hospital 's main entrance and is not adjacent to single-family residential districts . b . Within the Planned Development, sufficient space must be prov ided between buildings and structures, giving consideration to their intended use, their location, design and height, the placement and extent of facing window areas, and the topography and other such other natural features as will assure privacy and a pleasant environment. The proposed expansion over the existing surgical facilities of the Medical Center does not increase the footprint, lot coverage, or decrease the setbacks of the development as approved on prev ious amendments. c. If the area of the development is such that an internal circulation system is necessary, such a system shall be designed for the type of traffic that will be generated, and all curbs at entrances and other access points shall have ramps to facilitate acc ess for the handicapped and bi cy cl es. The proposed amendment does not modify the existing con fi guration as the ex isting internal circulation system remains unchanged. d. Bic ycle and pedestrian trails are to be provided where the City bi cy cle and/or trail plan or the Regional Bicycle Transportation Plan shows su ch trail or trail c orridor. Bi cycle and ped estrian trail s are not proposed for thi s expa nsio n on th e Swedish Medi c al Center ca mpu s. e. The si t e p lan shall provi d e for th e maximum p reservation of natural drainage areas, vegetation and other desirable features. As with Amendment No 5, roof runoff will be collected in roof drains and then conveyed to existing on-site storm sewer facilities. No additional drainage facilities are required as the expansion occurs entirely within the existing Swedish Medical Center campus . In terms of the overall development plan , Amendment No. 6 is consistent with the intent of the Comprehensi e Plan and the Planned Development requirements. LIST OF ATTAC HM ENTS Pr o p o d Bill fo r Ordinan c e 4 ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 25 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT NO . 6. WHEREAS, the Englewood City Council approved the Swedish Medical Planned Development in 1989 with additional amendments approved in 1989 , 1990, 1992, 1993 and Ordinance No . 10 , Series of 2001 due to construction; and WHEREAS, Swedish Medical Center filed an application for Planned Development Amendment No . 6, to the Swedish Medical Center Planned Development; and WHEREAS , the proposed Planned Development Amendment No. 6, proposes an addition above the main entrance of the hospital located at 501 East Hampden A venue; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on March 6, 2007, rev iewed the Planned Development Amendment No . 6 and recommended approval ; and WHEREAS , the Swedish Medical Center Planned Development Amendment No . 6, the expansion is intended to provide medical/surgical beds in private rooms to meet the growing consumer demand for patient-focused facilities and the reconfiguration from semi- private to private rooms ; and WHERE A S, the Englewood Water and Sewer Board recommended approval o f the City D itch Encro achment Permit and the Gr ant o f C it y Di tc h Crossin g Licen se to Swedish Med ic al Center at the February 13, 200 1, meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section l . The Englewood City Council has reviewed Amendment No. 6 to the Swedish Medical Center Planned Development, attached hereto as " Exhibit A", and said Amendment 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 Exhibit A, attached to this Ordinance, shall not be published because of its size. A copy is available in the Office of the Englewood City Clerk. -1- Section 3. The Mayor is authorized to execute and the City Clerk to attest and seal the "Swedish Medical Center Planned Development Amendment No . 6" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 2"d day of "April , 2007. Published as a Bill for an Ordinance on the 6th 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 2nd day of April , 2007 . Loucrishia A. Ellis -2 - SWCDSH WCDICAI. cnnDt (Ste) P\...Alll€D DE\C.OPM[N T Al«NOMCN T NO. I IS AN [JCPAHSION NC) IIICMOO[LNC Of M PATl[HT CNIC UNITS. 1H( PfllO.l:CT NQ..UO[S THC ALOTION Of TWO flOOltS 0\4:R M CPDIA 1WC M>CJIIS, RENOVA TklN Of FlOCltS 7-10 r, lMC WMil TOIP, MMOVATION Of 1HC $l1'4 F\.OOlt rOfl A NtOJ NillJ THC [JCPANSION Of TH[ LOIIY Of M rACI.JTY. THC PIINl,,EC T AU.OWS SMC TO lil££T M QlltOWltG DDIANOS Of THC COIAIUNITY • sat\€:, SMC HAS ~l\Al(D l nnF •TH HKIH-CND SDl'\4a:S AND HAS Cll[Al(I) AN CNWtCNICNT C(N)UQ'A: TO SUtQ[ClfS l#J SP[QAUSTS. SfltA T(QC lil't£S1WENTS Iii .. MINC. Cl'OIATWC ROOMS IMCJ Cltl1'CN.. CM[ HA\€ f'AlGltAll.Y POSl1'0NED SMC IN TH[ IIMl([T. HOll'.0, WCIRI: THNil [WJII. 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[JISlWG C\.111 • GJnut/ 91ET~ -.LS TO • ""'°"°' ~llll"T.....CWotU. --1111'1.MX c•s"" CCNCIICTC/9D(WAU( CJIS'flNC l .._.Y ........-0: fllllitCPOSll) T__,Y ,UIIP[JI __ , """" --ll """" 20 • • • Ii <, 0. jflf,f,fc.-•+l VZZZZl • • ,;;-~ ~ .J:., •.;; I· ·· · -I f: ;;.:-;sJ SITE PLAN SWED ISH MEDICAL CE NTER PLA NN ED DEVELOPMENT AMEND . 6 JOB NO . 15J14.00 2/2J/07 SHEET J or 4 JR NGIN RJN ·-- CIJ CIJ C: ,: 8. E CIJ OI :i a. " N 0 '? M .... g ~ .... • ~ >, '" ~ ..J t "' ·~ .., .. 0 ~ CIJ ..,. '" g .. .. ..,. ;;; "' ~ ~ .., C: CIJ E E <( 0 ~ OI ~ t .,; ~ g' i '" g 8 ~ .., "' ' I - ARCHITECTURAL ELEVATIONS SWEDISH MEDICAL CENTER IMl&OOO <C&IMl!F'o.!J$ £00(Q) £(Q)IMJ0000$'ii"~& 'ii"O'¥/~ @!FIFO<C~ !BlUJOl1.@000~ [p>11,£0000!E[O) (Q)~'¥J[gl1.©!P>~[g00'ii", £1MJ[g00[Q)IMJ~001i" 00@. ~ [g00~11.[gW©@@, ©@11.©~&@© EXISTING (l(VATOR PEN rn ouS£. 8 ['t'ON0 ElCIS TI NG P • Tl[N TO ~R BC'fONO ND lf BRICK TO M AT CH [\tSTINC C'llS T l.f!'J!< (Q t T><lflf AR CHI TE CTU RA L EL[ ATI ON S SWED ISH MEDI CAL CENTER PLANN ED OEVC:LOPM[NT AM NO J08 NO 15J14 00 2/2J /07 SH ET 4 Of' 4 JR N IN RING ·-- l PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE I, Asa Cole , do solemnly swear that I am the President/Publisher of The Englewood Herald and that same is a weekly newspaper published in the City of Littteton , in the County of Arapahoe, State of Colorado , and has a general circulation therein ; that said newspaper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30 , 1923, and entitled 'Legal Notices and Advertisements' and other acts relating to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper, once each week, on the same day of each week , for a period of _j _ consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated _u:....J.-,f~~..c._/_. lt_, -~ 2007 . Signature of Pres ident/Publ isher Asa Cole Subscribed and sworn to before me , a Notary Publ ic , th is ~ay of .. _____ ._..... ... --·.,. CH ERI R. PET ERS EN NOTARY PUBLIC STATE OF COL OR ADO PUBLIC NOTICE CITY Of INOLPVOOD NOTICi a, l'uiiuc H11M1NO ,. . Nolol le hereltr ti,,.n M Ille Cltv Counc11 of Ille Cttv of Ei ... wood, Cokndo, ha eoheduled a l'ullllo ......... ata ....... car Council ......... on MY T, _,, ltT:JO p.a. In Ille Cit)< C-oll Chambera of l!1111ewood CMc Caneer, 1000 lftllwaocl ~.to .... Input on AN~CEAUTHORIIINO nte··ZAIH IIIDICAL Cllft'IR PLMIIID DIYILOPMINT AMIIIDMl!NT NO. e; t'lOUNCIL 111LL NO.ll)J . AII ...... INpartlNmar....,... Ofll"'-In...,._.• the Pllllllc HNrtng or In Witting to be....._, br ... Cttv Clartl br 1:00 p.m. on Mar 7, 2007. Anyone wlatllng to apeak • lhe ltubllc HNrtng may caN 819 Cttv Clerk'• Office, 30S.712.240S or 303.712.2~7 to echeclllla thM .......... anora~ ...... wtl llellftllallleatthedoor. 9y order of the E,.._ood Cir CounDII. Loucltehfa A. Ellla, IIMC Cit)< Clefk Cttv of Inglewood 1000 lngle•sood Parkwllr ... lewood. Colorado 80110 City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: May 7, 2007 P,.ublia Hearing to gather input on Council Bill No. 25, th prol)o&id . . No. 8 lwedlah Medical Centar a,nad l'MY91apmenL PLEASE PRINT NAME ADDRESS For your consideration l Council Bill No 25 l> 1 [f'--Amendment No. 6 Swedish Medical Center Planned Dev e lopment Present for the record Proof of Publication Englewood Herald April 6 , 2007 Certification of Posting of public hearing Amendment 6 M ~ -"""~~u.- Construction of a 40 feet expansion above the operating 1ooms located , over the wain eoti:aoQ@ ai:ea 0f kesr,ital baltding located at 50 I E. Hampden Ave. Recommendation PZ forward a recommendation to CC Planned Development Amendment 6 be approved • ,.-{;ondition on approval ef s I c~ isca City Di tel. Lieu .s, a11e- Constructioo A gr@effleHts Current Zoning Amendment 6's area of expansion = within R-3 PD overlay .,J Procedure PD regs -2 types: admin -small changes i.e. engineering changes All others "must be made under the procedures that are applicable to the initial approval of a Planned Development." Therefore any request for an amendment to the approved plan must be reviewed and approved through the PD process. Analysis Proposed amendment reviewed by ORT Identified issues and concerns resolved 7 reviewing divisions or departments ~ V ~?' · revised City Ditch License Agreement (;;J ~v • and a Construction Agreement Appliamt working with tltilitisg Dept to.acl+ie 1te this I eqttireffleAt. ,.- Background Original Swedish Medical Center Planned Development approved by City ouncil l 989 Amendments l , 2 and 3 Amendment 4 1989 , 1990 and 1992 respectively for MOB . ~b-~ ~~~..:...- 1993 for f~""fl~aci-H-ty - s.ome gccttrred some oot Planned Development Ordinance repealed in 1996 with adoption of the Planned Unit Development Ordinance This repeal did not change the status of existing Planned Developments. Amendments to existing Planned Developments are to be made under the procedures that were applicable to the initial approval of the Planned Development. Amendment 5 The intent of the expansion 2001 created current entrance \,\ i h ~ rgica l floors above to provide medica l/s urgical beds in private rooms to rema in comp etiti ve in the patient-care market provide a patient-focused facility. Reconfiguration from semi-private to private room. = only 5 additional hospi ta! bed s Requires a 40 feet extension of current 53 ' tall building to 93 ' 2 occupied floors (private rooms) I interstitial floor (mechanical & transitions between occupied floors of the expansion and the existing patient tower buildin g behind the c pan s1on Conclusion: CD Ask that P &Z find Amendment 6 meets the 5 PD standards 1. permitted use in the zone district yes allowed in MU-R-3-8 2. consistent with Comprehensive Plan Roadmap Englewood: 2003 Englewood Comprehensive Plan recognizes that Swedish Medical Center • Is an anchor of the City's economy • will continued to grow Is a catalyst for further redevelopment. 3. Consideration for affects on surrounding area • The proposed expansion is located above the hospital 's main entrance -fully on the campus • Setbacks are maintained · Opportunity for public comment through this hearing • Awareness of public sentiment to fa v or upward de velopme nt rather than horizontal expansion into residential areas 4. Landscaping requ irement is met • MU-R-3-8 zone district 25 % of the total s ite • Amendment No. 5 (2001) 27 .33 %. 5 . o ff s tre e t parking requirement i s met • Ci ty's m i nimu m= 6 3 7 s p aces Provide 2 ,458 spaces 4 taff believes the overall development plan for this Amendment 6 is consistent with the intent of the Comprehensive Plan and the Planned Development requirements. Questions , edi h Medical Center represented by Mary White Council BIii No. 25: Swedish Medical Center Amendment No . 6 CITY OF ENGLEWOOD CERTIFICATION OF POSTING ATTACH PHOTOGRAPH($) HERE Attached are photographs of the four (4) signs erected per the attached diagram on the following described property : Address : _....;:5:..:::0a...:1.....,E=a=s=t...:..H=a=m""'p:;,.;;d;;.;:ea..:..n;...;.A...:..v;;..;:e=n=u=e---------------- Legal Description : See previously submitted Swedish Medical Center Planned Development Amendment No . 6 -CONTINUED - • I hereby certify that the above-described property was posted continuously for a period of 1.§_ days, from April 21 to May 7, 2007 lEE M BARR N') l C\r,, PUB LI C S TA TE O F COLO RADO State of Colorado ) ) ss County of Arapahoe ) Relation to Property Subscribed and sworn to before me this 7 day of --'!Vl'-'-'_()....,-L.,..L _______ __. 2007 ( ~9n-~ aPublic 11~ 7() &a.llaMlllSJl Address My commission expires : ___., .... 5......_-..... 7 ...... ..--._{2..__~9' _____ _ I Certification must be presented at the public hearing . Community Development Department Page 2 of 2 303-762-2342 i~ i... i j, A • .1 I · : . ... , I ... --'~f --, .... 1 IWJ A . ·. ~ I ' I l ... ' ~ I ./ --~· ... /' 'L l --' . .. ,I l -~ ~ ·1 . ' "lo, ~I J~ ·"'· ' •• f .:' .. 1.rt ldt •· t " ,.,, ::: Q. --- ... CJ ---:; u - -.... -..., I"; :.. 0 -~ -C ' -.,. :: I .~ ::, 1. 9 ~ c.) s 1- J, -vJ u) J .... 0 1 (.) ..J cO - P- i) P- "' __. ~ d ..: 1. r 'Z I,!) €. ~ .,I) t a ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 24 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR AGREEMENT REGARDING FEES. WHEREAS, the Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood's Sanitation Districts for sanitary sewer transport; and WHEREAS, the Englewood City Council approved entering the Big Dry Creek Basin Interceptor Agreement between Englewood, Southgate Sanitation District, South Arapahoe Sanitation District and the South Englewood Sanitation District No. l , by the passage of Ordinance No . 30 , Series of 1990; and WHEREAS , the Englewood City Council authorized the passage of a Resolution in 2004, establishing maintenance fees for Big Dry Creek Basin Interceptor; and WHEREAS , in 1990 at the time the Big Dry Creek Basin Interceptor Agreement was signed, eight capital construction projects were anticipated as well as line and advanced tap fees to pay for such capital construction, in addition, a small charge for repair and maintenance was established ; and WHEREAS , after the completion of three capital projects, Southgate Sanitation District reassessed the conditio n of the interceptor and determined that the interceptor has capacity adequate to meet the existing and future demands and that no further capital projects are needed; and WHEREAS, under the 1990 Agreement, funding must now be provi ded to proceed with a repair , maintenance and rehabilitation program; and WHEREAS , the passage of this proposed ordinance implements Southgate 's proposal to terminate the Advanced Tap Fee collection for capital projects; disburse that unused tap fee/capital revenues to the participating districts and establish a repair, maintenance and rehabilitation, fund and schedule, with a per thousand gallon charge of $0.108406, to replace the previous charge of $0 .005434 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending the 1990 Big Dry Creek Interceptor Agreement by terminating the Advanced Tap Fee collection; disbursement of unused tap fee/capital revenues to the participating districts; and establishing a repair, maintenance and rehabilitation program, funded by a charge of $0.108406 per thousand gallons per single family equivalent. Introduced, read in full, and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 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 7th day of May, 2007 . Loucrishia A. Ellis - ' • COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a i Big Dry Creek Interceptor Finances Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Big Dry Creek Basin Interceptor Agreement between the City of Englewood, Southgate Sanitation District, South Arapahoe Sanitation District, and the South Englewood Sanitation District No. 1 was approved by Council as Ordinance No. 30, Series 1990. Resolution passed October 18, 2004 establishing maintenance fees for Big Dry Creek Basin Interceptor. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their March 13 , 2 00 7 meeting, recommended Council adopt a Bill for an Ordinance approving the Big Dry Creek Interceptor finance charge of $0.108406 per thousand gallons . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood Sanitation Districts for sanitary sewer transport. The interceptor begins at Clarkson and Orchard, runs northwesterly along Big D ry Creek to Santa Fe Drive, and th en north to th e Littl eton /Engle w ood Wastew ater Treatm ent Plant. In 1990 the City of Englewood entered in to th e Intercept or Basin A greement (IBA) with Southga te Sanitation District, along with other connecting sanitation districts. At the time of the agreement, eight capital construction projects were anticipated. Line and advanced tap fees for capital c onstruction, along with a small charge for repair and maintenance, were established . After completion of three capital projects, Southgate Sanitation Dist rict reassessed the condition of the interc eptor and determined that it has capacity adequate to meet th e exis t ing and fu ture demands and that no further capital projects are needed. Under the 1990 Ag reement, funding must now be pro ided to proc eed with a repair, maintenance and rehabilita t ion program . FINAN CIAL IMPA CT In a cordan e wi th th e 1990 Agreem ent, So uthgate has propo sed terminating th e Ad an c ed Tap F o ll ti o n, disb ur em ent of unu se d tap f e/c pital re enues t o th e parti ci pating distr icts , and establishing a repair, maintenance, and rehabilitation schedule. The per thousand gallon charge will in c rease from $0.005434 to $0.108406. The typical, residential customer will see their bill go from $0.45 per year to approximately $9 .00 per year. LIST OF ATTACHMENTS Proposed Bill for an Ordinance - ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER _____ _ A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (COBO) FOR THE YEAR 2007 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the City's participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No . 3, for funding years 2004 through 2006;and WHEREAS , the Englewood City Council passed Ordinance No . 13 , Series of 2006 and that was modified by Amendment No. 1 dated February , 2007 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; and WHEREAS , the Englewood City Council passed Resolution No . 78 , Series 2006 supporting Housing and Community Development that authorized submitting application for 2007 CDBG funding ; and WHEREAS , the project by the City of Englewood known as the "Housing Rehabilitation Project" including the Handyman Project; has been categorized as a rehabilitation activity ; and WHEREAS , the project by the City of Englewood known as the "Homeowner Fix-Up Project" has been categorized as a housing rehabilitation project for low-income owner-occupied homes within designated neighborhoods in the City; and WHEREAS, the project by the City of Englewood known as the "House of Hope Staffing Project" has been categorized as a public service activity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for the 2007 Arapahoe County Community Development Block Grant-Housing Rehabilitation Project , attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2 . The Subgrantee Agreement for the 2007 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby as Exhibit B, is hereby cepted and approved by the Englewood City Council. Section 3. The Subgrantee Agreement for 2007 Arapahoe County Community Development Block Grant-House of Hope Staffing Project, attached hereto as Exhibit C, is hereby accepted and approved by the Englewood City Council. Section 4. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Section 5. The City Manager shall be authorized to further extend and/or amend the subgrantee agreements for the 2007 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full, and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 2007. Olga Wolosyn, Mayor ATIEST: 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 7th day of May, 2007. Loucrishia A. Ellis SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REHABILITATION PROJECT NUMBER: ENHS 720 This Agreement is made by and between the Board of County Commissioners of the County of AJpahoe, State of Colorado, for the Community Development Block Grant Program in the Community Rimurces Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred k> as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as anended, and of the Community Development Block Grant (CDBG) Program under this Title is the develoJlllent of viable urban communities, by providing decent housing, a suitable living environment and e~anding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been categorized as a Single Family Housing Rehabilitation project and the SubGrantee will maintain documentarion with the national objective of Low/Moderat e Income Housing activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official ''Notice to Proceed'' from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following prov is ions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to p rovide low interest loan s and/or grants to income eligib le homeowners for health and safety related home improvements. Typical improvements may include (but are not necessarily limited to) plumbing, electrical systems, roofs, and HV AC work. A. Payme nt It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $70,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with perfonnance criteria established in Section 11-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . 1 11 In the event that said funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-11 O is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II. C . 3. below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will provide five (5) home improvement loans or grants to income eligible Englewood homeowners. All improvements funded under this grant are to be performed in compliance with applicable local or industry codes and standards . 2. Community Impact: Affordable housing -stability and housing quality 3. Quarterly Performance Standards: June 30, 2007: September 30, 2007: December 31, 2007: March 31, 2008: May 31,200: D. Reporting Requirements No requirements established Market program, interview potential clients Provide one (1) rehabilitation loan/grant Interview potential clients Provide two (2) rehabilitation loans/grants Provide two (2) rehabilitation loans/grants Cumulative total of five (5) loans/grants Complete all renovations funded by project Submit final drawdown and completion report to County 2 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed . 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U .S. Department of Housing and Urban Development under 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G . Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary. H. Lead Based Paint The maximum CDBG investment per house renovated under this project may not exceed $24,999 . Tiris amount includes any CDBG funding used for project based administrativ e expenses . The SubGrantee will compl y wi th all other County, state and federal policies, guidelines and requirements related to minimizing lead hazards in resi den ti al prop erties, including 24 CFR Part 35 and Colorado Regulation Number 19. III. RESPONSIBILITIES OF THE SUBGRANTEE A. Fed eral C ompliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, 3 guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122 . 16. Conflict of Interest: (a) Applicability. In the procurement of property and services by participating jurisdiction, State recipients, and subrecipients, the conflict of interest provision in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. (b) Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or who have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ( c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving CDBG funds. (d) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG Investment Partnership Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: 4 (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exemption is sought would not violate State or local law. ( e) Factors to be considered for exemption . In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph ( d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: {l) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph ( c) of this section; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avo iding the prohibited conflict ; and ( 6) Any other relevant considerations . (t) Owners and Developers . (1) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a community housing development organization (CHDO) when acti ng as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a project. Tiiis provision does not apply to an indivi dual who rec eiv es CDBG funds to acquire or rehabilitate his or her principal resi dence or to an employee or agen t of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction ( or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph ( f) ( 1) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG program and the effective and efficient administration of the owner's or developer 's CDBG-assisted project. In determining whether to grant a requested exception , the participating jurisdiction shall co nsider the following factors : 5 (i)Whether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affirmative marketing requirements of Sec . 92.351 are being observed and followed; and (v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities , shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed . 6 E. Direct Project Supervision and Administration The SubGrantee shall be responsible fo r the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGrantee i ~ responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG , funding . F. Indemnity T o the extent allowed by law , the SubGrantee shall indenmify and hold harmless the County and its elected and appointed officials , officers, employees and agents from and against any and all losses , damages, liabilities, claims, suits, actions or costs , including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees , agents , contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If th e Sub Grantee's projects involve con stru ction activities, any Contractor it uses for sai d activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit. Coverage to include: a. Premises Operations b . Products/Completed Operations c . Broad Form Contractual Liability d . Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured 7 - g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a . Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b . The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing in surance requirements . The SubGrantee sh all al so sub mit a co py of th e Contracto r's certificates of insurance to the Co unty.· 6 . Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold : 8 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H . Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. · I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section 11-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properl y and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income direc tly generated from the use of CDBG funds will be remitted to the County. 9 M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real pcoperty. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. O. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 10 cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Dis allowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . T. Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C .R.S. Section 24-76.5-103 by verifying the lawful presence of all persons eighteen years of age or older who apply for any benefits funded in whole or in part by the grant funds that are the subject of this Agreement. SubGrantee shall verify lawful presence in the manner required by the statute, and shall provide proof of compliance upon the request of the County. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the Sub.Grantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make .CDBG funds available to the SubGrantee and to provide Housing and Community Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reportin g to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. 11 - V. EXTENT OF THE AGREEMENT Titis agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 12 ( In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day of 2007. SubGrantee: City of Englewood Signature Olga Wolosyn, Mayor Mayor Title Board of Com1ty Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 13 - PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Colt of CDBGFunds Other Funds Committed (specify by line Item) Activity Rehab administration $50,000 $5,000 $45,000 Loan/gnutt eitpensCS $115,000 . $65,000 $50,000 TOTAL: $165,000 $70,000 $95,000 (_ (, SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITYDEVELOPMENTBLOCKGRANTFUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER FIX-UP PROJECT NUMBER: ENHS 719 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended , and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Homeowner Fix-Up Project (Project) has been categorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation with the national objective of Low/Moderate Income Housing activities . The SubGrantee may proceed to incur costs for the Project upon receipt of an official ''Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The Sub Grantee w ill utilize CDB G fun ding to provide grants to incom e eli gi ble homeowners fo r exterior home improvements. The intent of the project is b oth to improve Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include (but are not necessarily limited to) paint, siding, windows, roofs, and xeriscaping. A. Pay ment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed SSS,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section ~-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the 1 I! X H I a I T 8 obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds , or any part thereof, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C .R.S . § 29-1-110 is applicable, any :financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II . C. 3. below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will provide grants to renovate the exterior of thirteen (13) owner occupied homes to income eligible Englewood homeowners. Grants are not to exceed . $4,000 each, and will require a 20% match from each homeowner. All improvements funded under this grant are to be performed in compliance with applicable local or industry codes and standards. 2 . Community Impact: Affordable housing -stability and housing quality 3. Quarterly Performance Standards: June 30, 2007: September 30, 2007: December 31, 2007: March 31, 2008 : No requirements established Provide two (2) renovation grants Market program, interview potential clients Provide four (3) renovation grants Market program, interview potential clients Provide four ( 4) renovation grants Interview potential clients 2 May 31 , 2008 : D. Reporting Requirements Provide four ( 4) renovation grants Cumulative total of thirteen (13) grants Complete all renovations funded by project Submit final drawdown and completion report to County 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of env ironmental review and receipt by Arapahoe County of a release of funds from the U.S . Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the prov ision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocati on A ct . It has b een determined that no action is necessary. H. Lead Based Pain t The maximum CDBG investment per house renovated under this project may not exceed $4,000. The SubGrantee will comply with all other County, state and federal policies, guidelines and requirements related to minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation Number 19. Ill. RES PONS IB IL IT IES OF T HE SU BGRANTEE A. Fe d era l Comp lia nce 3 The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4 . Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 197 4; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Pait 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608; 14. Audit requirements established in 0MB Circular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122. 16. Conflict of Interest: (a) Applicability. In the procurement of property and services by participating jurisdiction, State recipients, and subrecipients, the conflict of interest provision in 24 CFR 85 .36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. (b) Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or who have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making proc ess or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto , or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ( c) Persons covered. The conflict of interest p rovisions of p aragraph (b) of this section apply to any p erson wh o is an employee, agent, consultant, officer or elected official or appointed official of th e participating jurisdiction, State recipient, or sub recipient which are receiving CDBG funds. ( d) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this 4 ( section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG Investment Partnership Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exemption is sought would not violate State or local law. (e) Factors to be considered for exemption. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations . (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-pro fi t or non-profit (including a community housing development organization (CHD O) when acting as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a project. This provision does not apply to an individual who receives CDBG funds to acquire or rehabilitate his or her princip al residence or to an employee or agent of the owner or developer of a rental h ousing project wh o occupies a housing unit as the project manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of 5 paragraph (f) (1) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG program and the effective and efficient administration of the owner's or developer 's CDBG-assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: (i)Whether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affirmative marketing requirements of Sec. 92.351 are being observed and followed; and · (v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6 , C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes 6 No projects or activities , nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2 . The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGranter~ shall indemnify and hold hannless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims , suits, actions or costs, including attorneys fees , made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omi ssions of SubGrantee, its officers , employees, agents, contractors or subcontractors , ari sing out of or in an y way conn ec ted with the Project or the perfonnance of this contract. G. Bonding and Insura nce If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows : 1. Comprehensive General Liability: In the amount of not less than $1 ,000 ,000 combined single limit. Coverage to include: a. Premises Operations b . Products/Completed Operations 7 c . Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage £ Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured 1. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000 ,000 combined single limit for bodily injury and property damage. Coverage to include : a. Arapahoe County and the SubGrantee as additional Named Insured b . Waiver of Subrogation 3 . Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance . b . The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d . Any and all deductibles contained in any insurance policy shall be as sumed b y and at the sole risk of the Contractor. 5. Certificate of Insur ance: The Contractor sh all n ot commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provi sio ns is fully within the discretion of the County. 8 ( In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price ; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or bis designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section II-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds . K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program In come 9 All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee . Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it , to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, Joan , or cooperative agreement ; and, 10 ( 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. T. Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S. Section 24-76.5-103 by verifying the lawful presence of all persons eighteen years of age or older who apply for any benefits funded in whole or in part by the grant funds that are the subject ofthis Agreement. SubGrantee shall verify lawful presence in the manner required by the statute, and shall provide proof of compliance upon the request of the County. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion . 11 V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. · 12 In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day of , 2007. SubGrantee: City of Englewood Signature Olga Wolosyn -Mayor Mayor Title ( Board of County Commissioners Arapahoe County, Colorado ( Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 13 - PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Actlvldes Estimated Total Cost of CDBGFunds Other Funds Committed (specify by line Item) Activity Project administmtion $14,000 $3,000 $11,000 Grants for Exterior Renovations $72,000 $52,000 $20,000 ( TOTAL: $86,000 $55,000 $31,000 ( SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD AND FAMILY TREE, INC. PROJECT NAME: HOUSE OF HOPE STAFFING PROJECT NUMBER: ENPS 721 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood and Family Tree, Inc . (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized as a Public Services project and the SubGrantee will maintain documentation with the national objective of ( Limited Clientele activities . ' The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE Th e following provisions outline the scope of the work to be completed : The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long- term shelter and supportive services for homeless families. A. Payment It is expressly agreed and understood that the total amount to be paid by the CoWlty under this contract shall not exceed $34,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section 11-C . The parties expressly recognize that the ubGrantee is to be paid with CDBG funds received from the federal goverrunent, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . In the event that said funds , or any part thereof, are, or become, unavailable, then the County may 1 • X H I • + C immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable , any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II. C . 3 . below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will utilize CDBG funds for the continued employment of staff at the House of Hope located at 3301 South Grant Street, Englewood. Staff members will be employed by Family Tree, Inc., which provides staffing and services at the facility. By maintaining the positions, the SubGrantee will provide services for a minimum of 65 homeless families for the duration of the grant period. A total of 210 unique persons will be served by the Project. The SubGrantee may collect nominal fees for services provided under this grant, providing the total of all client-contributed and County grant funds do not exceed the costs of program delivery. 2. Community Impact: Homelessness -crisis management and ability to transition through the continuum of care 3. Quarterly Performance Standards: June 30, 2007: Begin to provide services to families September 30, 2007: Provide services to approximately 12-21 families Approximately 36-60 unique persons served December 31, 2007: 2 Provide services to approximately 12-21 families Approximately 36-60 unique persons served March 31, 2008: Provide services to approximately 12-21 families Approximately 36-60 unique persons served May 31, 2008: May 31, 2008 cumulative: Provide services to approximately 8-14 families 65 families served Approximately 24-40 unique persons served 210 unique persons served Submit final drawdown and completion report to County D. Reporting Requirements 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary . III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance 3 The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U .S. Department of Housing and Urban Development (HUD) by the County . These include but are not limited to compliance with the provisions of the Housing and Conununity Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies , administrations and conunissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5 . Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6 . Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608; 14 . Audit requirements established in 0MB Circular A-133 ; and 15 . Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise . The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procmement or Nonprocurement Programs . B. Non -Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding , a non-appropriation clause that will protect itself and the CoWlty from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91 -103 .6 , C .R .S . with regard to any public work projects. Expend iture Restricti ons 4 All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and acti vities , shall be allocated to the specific projects and activities described and listed in the grant agreements . The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities . The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or acti vities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold hannless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract G. Bonding and Insurance 5 If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows : 1. Comprehensive General Liability: In the amount of not less than $1,000 ,000 combined single limit. Coverage to include : a Premises Operations b . Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured 1. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiwns due or for any assessments under any form of any policy. d . Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until be has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has 6 complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6 . Notwithstanding the provis ions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands , however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold : 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2 . A performance bond on the part of the contractor for 100% of the contract price; and 3 . A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other infonnation necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section 11-C of this Agreement The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpen ded funds. K. Rei mb ursement for Expe nses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division 7 documentation in the fonn required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (l 0) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects , all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules , and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreem ent may be suspended or terminated by the County if the SubGrantee materiall y fa il s to comply with any term of this Agreem ent. This Agreem ent m ay also be terminated fo r convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. R The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of 8 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant, loan , or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions . S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the admini strative tasks necessary to make CDBG funds available to the Sub G rantee and to provi de Housing and Community D evelopment Serv ices staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT 9 This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements , either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 10 I I ' I : . ! 1 I I I ! In Witness Whereof, the Pai1ies have caused this Agreement to be duly executed this ______ day of ______________ , 2007 . SubGrantee : City of Englewood Signature Olga Wolosyn -Mayor Ma or Title SubGrantee : Family Tree, Inc. Signature eeo Title Board of County Conunissioners .Arapahoe County, Colorado Don Klenm1e on behalf of the Board of County Conunissioners Pursuai1t to Resolution #070118 - PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed (specify by line Item) Activity Personnel $289,444 $34,000 $255,444 Operating Costs $194,364 0 $194,364 TOTAL: $483,808 $34,000 $449,808 (_ I COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a ii IGA between the City and Arapahoe County Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 13, Series of 2006, that was modified by Amendment No. 1 dated February 12 , 2007 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; and, passage of Resolution No. 78, Series of 2006 supporting Housing and Community Development that authorized submitting applications for 2007 CDBG funding. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance authorizing the execution of three Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and the City of Englewood for the 2007 Arapahoe County Community Development Block Grant Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those acti vities that benefit low-and moderate-income families . Funds are allocated by statutory formula to each entitlement area . Arapahoe County is an approv ed entitlement area. The grant funds are distr ibuted by Arapahoe County to each participating city within the county. For FY2007, funds are approved to support the following projects : 1. $70,000 for the Housing Rehabilitation Project (i ncl ud ing th e Handyman Project) to administer, monitor, rehabilitate and /or repair 5 lo w-income owner-occu pi ed homes scattered thr o ugh ou t th e City; 2. $34,000 for the House of Hope Proje ct to assist wi th staffing for 2 employees; 3. $55 ,000 for the Homeowner Fix-Up Project to administer, monitor and provide grants to improve the visua l appearance of 13 low-income owner-occupied homes within designated neighborhoods in the City; FINANCIAL IMPACT The ex isting employees in Community Development are availabl e t o administe r th e projects and the i r salaries and benefits ar e part of th e City's co ntribution. Th e Ci ty w ill utiliz e a portion of the CDBG f unding from th e Housing Rehabilitati on and th e Homeowner Fix-Up Proj ect (est. $8,000) t o partiall y offset th e cos ts of thos e salaries and benefits . LIST Of ATTACHMENTS Prop ose d Bill for an Ordinance. " ORDINANCE NO. SERIES OF 2007 ~------------------ BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE FOR THE AREA CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF SOUTH ZUNI, ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood has committed to reviewing options for housing and developing a strategy to enhance diverse housing options in the community; and WHEREAS , the City of Englewood became involved with Arapahoe Community College Area Career and Technical School (ACTS) during 1985 when the principal of Colorado's Finest Alternative High School contacted the City for assistance in expanding the building trades program; and WHEREAS , the ACTS program was able to offer a two year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, City will act in the role of the developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor will be hired to coordinate the day-to-day building acti vities with the ACTS instructor and students ; and WHEREAS , the site, with house , will be sold after completion of the project and the proceeds w ill be returned to the Housing Rehabilitation Fund; NOW, THERE FORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, CO LORADO, AS FO LLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement between the Arapahoe Community College for the Area Career and Technical School (ACTS) and the City of Englewood, a copy of which marked as "Exhibit A" and attached hereto. Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood . Introduced, read in full , and pa ed on first reading on the 7th day of May, 2007 . -1 - Published as a Bill for an Ordinance on the 11th day of May, 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 7th day of May, 2007 . Loucrishia A. Ellis -2- AGREEMENT This Agreement, made this __ day of 2007, is between the CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa Fe Drive-#AD 427, P. 0 . Box 9002, Littleton, Colorado 80160-9002. WHEREAS, the City desires to assist the students in the ACC/ACTS program to gain experience for their Comprehensive Building Trades ACTS classes; and WHEREAS, ACC/ACTS desires to provide practical on-the-job experience to Student Laborers regularly enrolled in its Comprehensive Building Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows: ARTICLE I -DUTIES A. ACC/ ACTS: I. ACC/ACTS shall provide student laborers to perform construction jobs related to the construction of a dwelling located at a site to be determined (the "Project"), according to the plans and specifications to be provided by the City. ACC/ ACTS shall provide work crews in separate classes. 2. ACC/ACTS shall instruct the Student Laborers in the construction trades' skills, which they will need in order to perform their tasks in the construction of the dwelling. ACC/ ACTS makes no representations that the Student Laborers will be skilled in the tasks they are asked to perfonn by the City. (See attached Task List outlining responsibilities of the City and ACC/ACTS. 3 . ACC/ ACTS shall make available at the construction site for use by the Student Laborers in construction of the dwelling, hand and power tools, except those mentioned in Article 1-B . 3, as ACC/ACTS shall deem adequate in quality and quantity. To the extent that other equipment is needed for the Project and is available without cost to ACC/AC_TS, ACC/ACTS shall provide the equipment. All other equipment shall be the responsibility of the City. 4 . Transportation will be the responsibility of the student laborers and/or school districts where applicable and provided. B . THECITY: 1. The City shall manage and supervise the construction Project. The City shall obtain all permits, licenses, inspections and certificates, blueprints and utilities (temporary service). 2. The City shall pay the costs of all materials used on the Project, for all subcontractors other than ACC/ACTS and all other costs associated with the Project, except those which are to be paid by ACC/ACTS as set forth in this Agreement. I! X H I a I T A 3 . The City shall provide each Student Laborer with the following tools or acceptable substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley-SI649, Tape Measure-25 ' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line -Stanley 47-051, Utility Knife-Stanley 10-299, Hard Hat-OSHA approved. The City shall not be responsible for the replacement of any tools, which are lost or stolen. If the Student Laborer completes the course, he or she shall be allowed to keep any of the tools remaining in his or her possession. 4. The City shall contribute $30.00 per Student Laborer toward the cost of jackets for each Student Laborer. 5 . The City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instructions of the City or its agents, violation of safety rules, and conduct which may be harmful to the City, any of its officers, directors, agents or invitees or to any other Student Laborer, or conduct which would constitute a misdemeanor or felony . Every effort will be made to see completion of the Project within one school year. 6. The City shall require that subcontractors , other than ACC/ACTS, shall take reasonable time to explain the work they are performing. It is expressly agreed that these explanations are merely incidental to the work to be performed by such subcontractors and are to interfere as little as practicable with the subcontractors ' other duti es . ARTICLE II -LIABILITY A. ACC/ ACTS through the Consortium Districts shall maintain, at the District Member's sole c ost, adequate Workers ' Compensation Insurance coverage for the Student Laborers , during a ll times during which Student Laborers are working on the Project. ACTS C onsortium D i stricts shall prov ide evidence of insurance upon the expiration and renew al o f any term o f insurance or upon any change in Workers ' Compensation Insurance coverage to A CTS Cons ortium D istricts . B. The City will not h old ACC/ACTS responsi ble for p roducts and comp letion insur anc e coverage. C . The City shall maintain liability coverage for the Project. D . ACC/ ACTS shall provide an acceptable waiver of liability for each Student Laborer. E. All personal property belonging ACC /ACTS or the Student Laborers that is in or on the Project shall be there at the risk of ACC / ACTS. The City, its agents, directors or employees shall not be liable for any damage thereto, unless such damage was caused directly by the City, its agents, directors or employees. The City shall not be responsible fi r providing security for a personal property left on the job site by ACC/ ACTS or the tud nt Laborers . ARTICLE ill -TERMINATION A. Either party may terminate this Agreement at any time upon 30 days written notice mailed or delivered to the address set forth above. The parties agree that prior to tennination of this Agreement by this provision, the parties shall meet or attempt to meet to resolve any dispute. Either party may, for any reason whatsoever, terminate this Agreement after any such meeting or attempted meeting pursuant to this provision. Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordance with this provision. B . In the event of tennination, the parties shall have no further obligation whatever under this Agreement and the Student Laborers may keep any tool belts and tools, which have been, supplied them. C . This Agreement may also be temtinated if an acceptable site is not provided by the City by a date mutually acceptable to the parties. ARTICLE IV -EQUAL OPPORTUNITY ACC/ ACTS shall adhere to all federal, state an9 local statutes, ordinances and regulations including, but not limited to, equal opportunities and civil rights laws. ARTICLE V-WAIVER No waiver of any provision of this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other provision of this Agreement. AR TI CLE VI -INTEGRATION Any and all prior agreements between the parties hereto with respect to the subject matter of this Agreement are hereby canceled and temtinated. No amendments to this Agreement shall be made other than by a written amendment signed by all the parties . ARTICLE VII -ATTORNEYS ' FEES In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing party shall be entitled to recover all expenses incurred therefore, including but not limited to, reasonable attorneys' fees. ARTICLE vm -GOVERNING LA w This Agreement is made and entered into in the State of Colorado, and shall in all ways be governed and construed by the law of such State. ARTICLE IX -INDEXING All indexing set forth in the margin of this Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or of any of the provisions thereof. ARTICLE X -SEVERABILITY If any provision of this Agreement is adjudicated invalid or against public policy for any reason by a court of competent jurisdiction, it is specifically intended that each and every provision not so invalidated shall remain in full force and effect. ARTICLE XI -HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and constitute a binding obligation upon the contracting parties and their respective heirs, successors and assigns. ARAPAHOE COMMUNITY COLLEGE Date: ~-/ J' -c.' / ARAPAHOE COMMUNITY COLLEGE By,as~ Joseph A. Lorenzo, ~oller Date: _V..:.../ ,_a-_/ ci> __ CITY OF ENGLEWOOD By:---------------Date: ------ Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk ( CITY OF ENGLEWOOD Temp Service set All legals and land permits Contractor License to Excavation Foundation Underground Plumbing Truss order Exterior (siding) Gutters Garage OH door HVAC Rough plumbing Rough electrical Insulation Drywall finish/texture Painting interior & exterior Ceramic tile Concrete drive/walk Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinklers/landscape Provide a boom truck if needed TASK LIST* ACC/ACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor frarning/subfloor Wall framing/Sheathing Roof Truss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet shelves Case Base trim Window sills Medicine cabinets Towel bars & T .P . Hardware Set appliances (no built in oven) * This task list can be adjusted by mutual agreement of the (2) parties should scheduling require an adjustment COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a iii IGA between the City of Englewood and Arapahoe Community College Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has passed various Ordinances since 2002 authorizing agreements with Arapahoe Community College/ Area Career and Technical School to build single family residences at different locations within the City. RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College for the Area Career and Technical School for the school y ear of 2007/2008 to build one single famil y residence in the 2400 block of South Zuni Street on one of the sites created through the resubdi v ision of land surround ing 2394 West Wesley Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood first became invol ved w ith the Arapahoe Community College/ Area Career and Technical School (ACTS) during 198 5 w hen the principal of Colorado's Finest Alternati v e High School conta cted City staff for assistan ce in expanding the building trades program . Th e ACTS program serve s Arapah oe Co m m un ity Coll ege and f ive sc h ool distr ic ts including En glewood. Every st u d ent is ex p ose d t o all of the b uildin g t ra des (i.e. fra m ing, drywall , mason ry, electrical, plumbing, HVAC, etc.). They learn to appreciate how each trade affects the other. Students are of all ages (men and women alike) and come from all backgrounds . City staff will act in the roll of the developer providing construction funds from the Housing Rehabilitation Fund (Fund 46). A site contractor will be hired to coordinate the day-to-day building ac t ivities with the ACTS instruc tor and studen ts. The house will be sold after complet ion of t he project and the proceeds re t urned to Fund 46 . Community Development staff has selected the design of the house that the students will build during the school year. Attention was given to selecting a design that supports a good qua lity level of materials, appropriate design for the neighborhood and community, and finally, a product that is marketable within the neighborhood. The site for the 2007 /2008 school year is one of the lots being created on the 2400 block of South Zuni Street through the resubdivision of land surrounding 2394 West Wesley Avenue. Addresses will be assigned to the newly created sites upon completion of the resubdivision process . The land is already owned by the City purchased with funds from the Housing Rehabilitation Fund. FINANCIAL IMPACT The existing employees in Community Development are available to administer the project and their salaries and benefits are part of the City's contribution. LIST OF ATTACHMENTS Proposed Bill for an Ordinance. ORDINANCE NO . SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE DECLARING THE 960 ACRE FARMLAND PARCEL IN ARAPAHOE COUNTY AS CITY OF ENGLEWOOD SURPLUS AND AUTHORIZING THE SALE OF THIS PROPERTY. WHEREAS , the original intent of the purchase of this 960 acres of farmland located I 0 miles south of Bennett, Colorado was to develop a sludge drying site where stabilized wastewater solids would be dried and stockpiled for ultimate agricultural use; and WHEREAS, a Location and Extent Application was filed and ultimately vetoed by Arapahoe County, due to many unresolved issues such as truck traffic impact, potential run-off issues, proximity of neighbors , soil conditions, etc .; and WHEREAS , a long-term biosolids application research plot was established on this site, with studies conducted on a 5 acre area by Colorado State Uni versity and no biosolids were applied to this property, except for this research study; and WHEREA S, a b iosolids application permit was later obtained fo r thi s land parcel ; ho wever, only 530 acres were acceptable for biosolids application, resulting in the remaining portion of this parcel as not u s able for biosolides application due to soil pH issues; and WHEREAS , recent notification included this site in the 3-mile wide planning corridor for the proposed Prairie Falcon Parkway Express and the residential development in the vicinity precludes this acreage as a desirable b iosolids application site ; and WHEREAS , the revenue from the sale of the property will be split 50/50 by the cities of Englewood and Littleton and will be used to purchase farmland adjacent t o our ex isting b iosolids a pplication site, which is more su itabl e to our u se; and WHEREAS the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee, at their November 2006 meeting, recommended City Council declare the 960 acre farmland parcel, located in Arapahoe County, as surplus and initiate actions necessary for the sale of this land ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood , Colorado hereby declares the 960 acres farmland parcel located 10 miles south of Bennett, Colorado, Arapahoe County, as shown on Attachment I attached hereto, as surplus . -1- Section 2 . Pursuant to its authority, the City Council of the City of Englewood, Colorado hereby authorizes the sale of this 960 acre surplus property, as shown on Attachment I, at fair market value. Section 3. The Mayor is authorized to execute and the City Clerk to attest any documents necessary for the sale for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 7th day of May, 2007 . Published as a Bill for an Ordinance on the 11th day of May, 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 7th day of May, 2007 . Loucrishia A. Ellis -2- ~· i( l--'!~_10_· --; F .:; , .. l Elbert ·-<>· Attachn1ent I ·• .r. >. ' 1 -~ ....... -+--.. , ·;+----'--~ ..... _... ....... ..._94 }.;---,-~---'-~-t--~-'----t1 -~ ·~·· El Paso County 1-- . ,. i Lincoln County COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a iv Beneficial Use Surplus Land Initiated By: Staff Source: LE/WWf P Supervisory Committee Stewart H . Fonda, Utilities Director Jim Tallent, Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1986, Council approved the purchase of 960 acres of farmland 10 miles south of Bennett, CO to be used as a sludge drying site . RECOMMENDED ACTION The Littleton Englewood Wastewater Treatment Plant Supervisory Committee recommends Council adopt a Bill for an Ordinance declaring the 960-acre farmland parcel south of Bennett, CO as City of Englewood surplus and authorizing the sale of this property. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original intent of this purchase was to develop a sludge drying site where stabilized wastewater solids would be dried and stockpiled for ultimate agricultural use . A Location and Extent application was filed and ultimately vetoed by Arapahoe County, due to many unresol ved issues (truck traffic impact, potential run-off issues , proxi mity of neighbors, soil conditions, etc.). A long-t erm biosolids application researc h plot was established on this site, with studies conducted on a 5-acre area by Colorado State University. No biosolids were applied to this property, except for thi s research stu dy. A biosolids application permit was later obtained for this land parce l and only 530 acres are currently acceptable for biosolids application. The balance of the parcel is not usable for biosolids application due to soil pH issues . Residential development in the vicinity also precludes this acreage as a desirable biosolids application site . At the November 2006 Littleton/Englewood WWTP Supervisory Committee meeting, discussion was conducted regarding the sale of this land parcel in Arapahoe County. Since this site is not suitable for long-term biosolids application and recent notification included this site in the 3-mile wide planning corridor for the proposed Prairie Falcon Parkway Express, disposal of the acreage was recommended and approved. FINANCIAL IMPACT A. Revenue from the sale of the property will be split 50/50 by the Cities of Englewood and Littleton. 8. Revenue from the sale of this property will be used to purchase farmland adjacent to our existing biosolids application site, more suitable to our use. LIST OF ATTACHMENTS Biosolids Application Permit Exclusions Prairie Falcon Parkway Express Notification Proposed Bill for an Ordinance LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2800 8 . Pllae Alv9r Drive Englewood. Colo!ado 801 10 (303) 7l2-2800 FAX 782-2920 January 11, 2007 Mr. Mark Wagner Hill and Robbins, P.C . 100 Blake Street Building 1441 18th St. Denver, CO 80202 Dear Mr. Wagner: - ~~ City of SS City of Littleton ( (_ Englewood At the November Littleton/Englewood WWTP (l.lE WWI'P) Supervisory Committee meeting, discussioa was conducted on the potential acquisition of farm land offered adjacent to the existing Byers farm site. The Byers farm site is actively used to apply biosolids, generated by the UE WWTP, in an agronomic re-use prograa. Following the meeting, I obtained a seller proposal from Gary Meyer including information necessay to consider this pmchase. The proposal is attached to this letter. The original Byers transaction was coordinated through Orr Land Company and I recommend, pending your concUITeDce, we enlist their assistance in this purchase. Discussion at this meeting also included the sale of the Kiowa/Bennett fann site in Arapahoe County. Since this site is not suitable for long-term biosolids application and recent notification included this site in te 3- mile wide corridor for the proposed Prairie Falcon Parkway Express, disposal of the acreage was recommended. With residential development occurring in the vicinity, I expect there to be interest in purchase of this land by land development interests and not farming interests. If Orr Land Company bas expertise in this type of transaction, I recommend they assist in the sale of th is property. If not, please m ake the appropiate recomme ndation for a real estate agent to handl e this listing. Please coordinate both these activities with the City Attorneys for Littleton and Englewood. Thank you . Sincerely, --J~ 1. fa,/i:/L James E. Tallent, Jr. Operations Manager ( JET :cg Attachment TO:LITI'LETON/LITTLETON WASTEWATER TREATMENT PLANR 2900 S. PLATIE RIVER DRIVE ENGLEWOODCO. 80110 303-435-4890 FROM: GARY AND NANCY MEIER 3265 SCR. 185 BYERS, CO. 80103 303-822-5858 E-MAIL : HAI I ENf@ENQLEWOOOOQY,ORQ cc. MEIER@NETECIN,NET RE: 11IE PURCHASE FARM AND GRASS LAND IN EASTERN ADAMS AND ARAPAHOE COUNTYS PER OUR CONVERSATION A PURCHASE PRICE OF $550,000.00 FOR 1llE 1270.63 ACRES. 11IE BREAK-DOWN IS: 801.0 DRY LAND FARM, AND 464.63 PASTIJRE. 1llE ADAMS COUNTY PORTION IS 311 ACRFS (E~ S 33 3S S7W). TIIE ARAPAHOE COUNTY PORTION IS, 319 ACRES (W1A S8 4S S7W), 640 ACRES (SI 7 4S S7W). ADDmONAL TIDNGS WE NEED TO ADDRESS ARE. 1-RADIO REPEATER TOWER 2-MINERAL RIGHT 3-LEASE BACK 4-GOVERNMENT PROGRAMS A-CSP B-EQUIP C-PRODUCTION FLESIBILITY ACRES - August 28, 2006 Official Pro111nv awn,, Ndce Please carefully review this notice regarding a proposed private toll road project in your area. The affected parcel numbers are indicated at the end of this notice. In compliance with Colorado Revised StaMes, Title 7, Article 45, as amended by the Colorado Legislature in House Bill 06-1003, please be advised that the Front Range Toll Road Company, PTR and Its assignee, Front Range Toll Road Ltd., LLLP, PTR, doing business as the Prairie Falcon Parkway Express Company, PTR, recently filed Private Toll Road (PTR) formation documents with the Colorado Secretary of State's Office 1 • County Assessor records show you own real property within a threEHT1ile wide, 210 mile long corridor (please see the map set forth in Attachment I) that is being considered for a private toll road . Final alignment of the toll road within this corridor has not yet been deteimined and wlll be much narrower than the oorridor . The corridor is over 15,000 feet wide while the actual toll road will be about 1,200 feet wide (the width of two city blocks),. depending upon grade and design ) requirements . The actual alignment and width of the toll roaq within the corridor will be determined after further study and analysis . Under Colorado law, Pra irie Falcon Parkway Express Company is notifying you, as a property owner, that your property is within th is corridor. The proposed toll road wiH be approximately 210 miles long, running through seven Colorado eastern plains counties (Adams, Arapahoe , Elbert, El Paso , Pueblo , Larimer, and Weld). The Project wlll begin approximately thirteen to sixteen miles north of Fort Collins (connecting to 1-25) and will terminate approximately seven to ten miles south of Pueblo (connecting to 1-25). The vast majority of the corridor will be located approx imately twenty-five to twenty--eight mil es east of and roughly parallel to 1-25 . The proposed multi-modal transportation project is contemplated to inc lude a private toll road , rail , a utility co rri dor, and associ ated service are as . Th e Pra irie Fal con Parkway Express Company intends to incorporate substantial open space and wildlife protection features into the Project. Under Colorado law, a public process is in place to review the Project. Ari extensive environmental analysis of the project must be prepared by the Prairie Falcon Parkway Express Company. Government agencies indudin g regiona l and state planning and regu latory agencies will review the 1 Pursuant to 7-45-1 10, C.R.S ., the Front Range Toll Road Ltd., LLLP has acqui'ed all assets and rights of and interests in the Front Range Toll Road Company to proceed with the Project outlined in this Notice . Front Range ToU Road Ltd ., LLLP has filed its Formation Documents wl1h the Colorado Secratary d State both as assig,eelsuocessor of the From Range Toll Road Company and on Its own behalf with the consent of Front Range Toti Road Company. P.O. Box 290; WATKINS, co 80137 1-800-977-8393 WWW,PRAIRIEFALCONPARKWAYEXftAESS,CON · INFO@PRAJRIEFALCONPAftKWAYEX19REH,COM EXRIBITB Pace IIIB-1 Project, environmental analyses, and proposed mitigation . These agencies will provide substantial opportunity for public Input Colorado law does not allow for this Project to go forward until receiving all governmental approvals. The Prairie Falcon Parkway Express Company does not have the power to oondemn private property for a toll road. Such condemnation could occur only through action by the Colorado Department of Transportation. The Prairie Falcon Parkway Express Company Intends to provide complete and timely Information to all property owners within the corridor via a project website, e-mail, mall, telephone, a telephone hotiine, various public meetings, and maps and documents filed for public viewing in your County Clerk and Recorder's office. While we appreciate that notice of a toll road in your area may come as unwelcome news, Prairie Falcon Parkway Express Company Is eager to work collaboratively wittl you to help guide and shape this new multi-modal corridor to enhance its public benefits and to mitigate any adverse effects . The Project will address all safety, emergency services, and access issues with the Colorado Department of Transportation, regional planning agencies, and local governments. The Prairie Falcon Parkway Express Company will pay all applicable county, special district and local property taxes. CORRIDOR MAP Please see Attachment 1 for a general project map. Despite our best efforts, the physical constraints of the enclosed map provide limited detail. You will find large-format corridor-wide and county-specific maps in your County Cleric and Recorder's Office. These maps are available for viewing during your Clerk and Recorder's regular office hours . Detailed maps are also available on our website at www .PrairieFalconParkwayExpress .com . GENERAL DESCRIPTION, LOCATION & TERMINI The Initial multi-modal transportation corridor desaibed in this notice will be studied to determine a much narrower alignment of approximately 1,200 feet in width. The corridor includes a toll road , rail , a utility corridor and associated service areas . In addition , the Project contemplates preservation of wildlife habitat end open space adjacent to the corridor. For the purpose of providing notice to property owners with in the corrido r, the cited mileage figures are approximate, are rounded for ease of desaiption , and are mea sured from the center of any particu lar town or ci ty to the borders of the corridor. The project begins th irteen to sixteen miles north of Fort Collins on 1-25. It proceeds east, crossing US-85 just north of Nunn and continues south crossing US-34 ten to thirteen miles east of Greeley. It continues south to traverse 1-76 one to four miles northeast of Keensburg, and then crosses 1-70 just west of Bennett. Farther south, the Toll Road crosses Hig hway 86 fou r to seven miles southeast of Ki owa, and t hen prog resses pas t US-24 three to six mil es west of Ca lhan, before heading due so uth to traverse US-50 ni ne to twelve P.O. BOX 290; WATKINS, CO 80 137 1-800-977-8393 www.PRAIRIEFALCONPARKWAYExPRUS,COM • INFO.PRAUtlltFALCONPARKWAYEXJl>flE99.COM EXHIBITB Pace ITJB-2 mllea east of Pueblo. It then tums west terminating at 1-25, seven to ten miles south of Pueblo. Actual location Is shown on mapping available fer viewing at the County Clert< offices. The project is intended to provide Colorado with an alternative north/south multi-modal transportation corridor. IMPROVEMENTS The proposed multi-modal transportation and utility corridor improvements include a four-lane, median-divided toll road; rail; utilities; associated service areas; and associated right-of-way. Final alignment shall be detennlned after public Involvement and wtH consider factors such as natural topography and drainage; environmental, revenue, and traffic studies; and private financing. It will then be reviewed by the relevant Metropolltan Planning Organizations, Regional Planning Commissions, and Colorado Department of Transportation. Input from local government will also be solicited. OPERATION Toll road access and associated service areas within the corridor will be tolled. The Prairie Falcon Parkway Express Company will not Independently determine toll operations. Colorado Statute requires the Transportation Commission to review the project's financial feasibility and a toll schedule as part of the Statewide Transportation Plan. If the Colorado Department of Transportation uses eminent domain to acquire any part of the right-of-way for the toll road, then it shall review tolls every five years. Commission review shall be limited to determining whether a reduced toll may be imposed on high occupancy vehicles and public mass transit vehides in order to encourage the use of such vehicles on the toll road . All administrative procedures for operation of a private toll road, as set forth in the Colorado Revised Statµtes, will be followed. THE APPROVAL PROCESS The approval process required by the statute includes the following : • The Prairie Falcon Parkway Express Company has filed company formation documents with the Colorado Secretary of State that specifies and maps a three-mile corridor within which the toll road will be located and identifies the general location and termini within the corridor. • The company must commence work on the toll road no later than three years after filing the fonnatlon document , or within one year after receiving all necessary approvals for construction . If the company perfonns the required work , it shall have the exclusive ri ght to develop a toll road within the three-mile corridor specified in its fi led formation doc uments. • Before constructing and operating a toll road the Prairie Falcon Parkway Express Company must prepare environmental studies and reports satisfying the Colorado Department of Transportation's Environmental Stewardship Guide dated May 2005 . The compa ny cannot be gin work on environmenta l studies and reports until it has approval of the scope of th e st udy from the Execut ive Director of the Co lo ra do Dep artment of Transportation . The environmenta l studies and report are also provlded to commenting state agencies, affected planning organizations , and affected local governments. The P .O. Box 290; W ATKINS, CO 80137 1-800-977-8393 www.PRAIRIEFALCONPA .. KWAVEXP'ftE:99,COM · INF09 PRAIR1EFALCONPARKWAYEXPftE9S,COM EXHIBrT B Pac 111&.3 draft shall also be made avaUable for publlc review and comment. The Prairie Falcon Parkway Express Company Is required to prepare final environmental studies and a report addressing comments received from all reviewers. The final environmental study and report is made available to the Colorado Department of Transportation and the public at least thirty days prior to publication of any notice of public hearing. • Construction cannot commence until the toll road has been reviewed by each Metropolitan Planning Organization or Regional Planning Organization located in whole or in part within the three mile corridor. The project needs to be inciuded in the regional transportation plan(s) and in the comprehensive statewide transportation plan prepared by the Colorado Department of Transportation (COOT). • The Transportation Commission shaU not revise the comprehensive statewide transportation plan to indude a tol road unless the COmmission , after holding a public hearing, determines that the project: o is necessary to meet the transportation needs of the state; o Is consistent with the policies of the Transportation Commission; o is in the public interest; o has been funded by Prairie Falcon Parkway Express Company to ensure full payment of the costs of compliance with federal and state air and water quality standards, other federal and state environmental requirements and mitigation measures included In the project or required by the Transportation Commission or planning organization; and o hes entered Into enforceable agreements between the Prairie Falcon Parkway Express Company and CDOT or local governments acceptable to the Transportation Commission to ensure that mitigation measures will be implemented. o The Commission may add mitigation measures taking into consideration the need for fast, safe, and efficient transportation ; public .services ; the costs of eliminating or min imizing the adverse effects for which the mitigation measures are proposed ; environmental, social, and economic values; and the financial feasibility of the project. o The requirements of Section 7 -45-105 ( 1 ) of the Colorado Revised Statutes have been met and the Project is cons istent with 43-1-1103 (5) C .R.S . and 23 U .S.C . Sec. 135. Tlla Project cannot go forward until tha above approval process haa been com plated. PUBLIC INVOLVEMENT Review by the Colorado Transportation Commissbn and the relevant Metropolitan Plaming Organizations or Regional Councils of Governments will involve numerous opportunities for public involvement. For example, the public will have an opportunity to comment on the draft environmental documentation and may participate In public hearings before the Colorado Transportation Commission regarding indusion of the Project in the Statewide Transportation Plan . P.O. Box 290; WATKINS, co 80137 1-80<>-977-8393 WWW,PRAll,1EFM.CONPA"KWAYExr"RU9.COM • INFO.PftAJRIEF°4LCONPAlltKWA.YEXPRESS,COM .EXHJBIT 8 Pace lllB-,C In addllon, Prairie Falcon Parkway E>epl9N Company Intends to offer addHlonal forums for public fnvDlvement during the study and ~ pn)CIIHI. These pubic lnvolwmant opportunities will collectively conlrbJte to, and halp shape and rllftne, ptoject design and ftnal allgnment. The relevant governmental bodies or Prairie Falcon Parkway Exprass Company wll provide advance notice of such oppor1unltles. Pnir1e Falcon Parkway E>cpf988 Company 18 eager to engage you and other property owners In a rnearqful pubic nNlaw and comment process. Prairie Falcon Parkway E>Cplw Company encourages you to review and comment on the proposed project and 11s economic. aocial, and erwlRJr.mental impacts as early as posslJle and at key points throughout the pmoass. FOR MORE INFOIUIA'IION, P& FNIE CONTACT U8 Thank you reviewing 1hts Important nolce. We enaxnge you to view the d8talted comdor- wide and county-specific maps and mocialBd documems on file in your Countr Clerk and Recorders office and to subsequenlfy contact the Pnlfrfe Falcon Parkway Express Campany via any of the following methods: Mailing Address: Prairie Falcon Parkway Express Company P.O. Box290 Watkins, CO 80137 Website : www.PrairieFalconPartcwayExpress.com Email: info@PrairieFalconExpressParkway.com Telephone Hotline: 1-800-977-8393 AFFECTED PROPERTY OWNERS Littleton, City of & AFFECTED ARAPAHOE COUNTY PARCEL NUMBERS P.O. Box 290; WATlC ... , CO 80137 f.aoo.977-8393 WWW,PIIAUIIEFALCONPAIIKWAYEXP'ftUS.COM • lNr~PltAHlll:FALCONPAIIKWAYEXPlll!SLCOM U11181TI P lff M . ·-<>· Attac hment I EXHIBITI PaaeTIJB-6 El Paso County , Uncoln Countr u ORDINANCE NO. --SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $11,200,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS WEST APARTMENTS) SERIES 2007 OF THE CITY OF ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS PROJECT) SERIES 1996; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE, A FINANCING AGREEMENT, PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS AND THE MUL TIF AMIL Y HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE BONDS ; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS , the City of Englewood , Colorado (the "City") is a duly organized and exis ting home rule municipal ity of the State of Colorado (the "State"), created and operating pursuant to Article XX of the Colorad o Constitution and the home rul e charter of the City (the "Charter"); and WHEREAS, the County and Municipality Development Revenue Bond Act , constituting Article 3 of Title 29, Colorado Revised Statutes, as amend ed (the "Act"), authorizes cities and counties in the State to finance or refinance one or more projects including any land, buildings or other improvements, and all real and personal properties, whether or not in existence, which ( hall be uitable for residential facilities for low-and middle-income families or person and intended for use as the sole place of residence by the owners or intended occupants to the end that more adequate residential housing facilities for low-and middle-income families or persons may be provided, which promote the public health, welfare, safety, convenience and prosperity ; and WHEREAS, the City is further authorized by the Act to issue its revenue bonds for the purposes of defraying the costs of financing or refinancing any such project, including all incidental expenses incurred in issuing such bonds, and to secure the payment of such bonds as provided in the Act; and WHEREAS, the City has previously made a loan of the proceeds of its Multifamily Housing Revenue Refunding Bonds (Marks Apartments Project) Series 1996 (the "Prior Bonds") in the aggregate principal amount of $11 ,2 00 ,000 pursuant to the terms of an Indenture of Trust dated as of October 1, 1996 between the Issuer and The Bank of New York Trust Company, N .A., successor to American National Bank and Trust Company of Chicago, as trustee , to provide for the refunding of the City 's Variable Rate Demand Multifamily Housing Revenue Bonds (The Marks Apartments) 1985 Series A (the "Original Bonds"); and WHEREAS , the Original Bonds were issued and del ivered to provi de financing for a multi-family rental development known as the Marks West Apartments (the "Project") located within the boundaries of the City, for occupancy partially (at least 20%) by individuals of low or moderate income within the meaning of and for the period required by Section 103(b) of the Internal Revenue Code of 1954 as amended all for the public purpose of providing more adequate re idential h using facilitie for low -and middle-income families and persons; and 2 WHEREAS , the present owner of the Project is EQR-Marks West , L.L.C ., a Delaware limited liability company (the "Owner"); and WHEREAS , representatives of the Owner have requested that the City issue its variable rate demand multifamily housing revenue refunding bonds pursuant to terms of the Act to refund the Prior Bonds (the "Refunding Project"); and WHEREAS , the City has considered the request of the Owner and has concluded that the Refunding Project will assure the continuing provision of low-and middle-income residential rental facilities, promoting the public health , welfare, safety, convenience and prosperity, and • that the City should issue its variable rate demand multifamily housing revenue refunding bonds under the Act to finance a portion of the cost of the Refunding Project, subject to the conditions (_ set forth herein; and ( WHEREAS , the City will issue , sell and deliver its City of Englewood , C olorado Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments) Series 2007 (the "Bonds"), in an aggregate principal amount no t t o exceed $11 ,2 00 ,000, pursuant to the terms of a Trust Indenture dated as o f Jun e 1, 2007 (th e "Indenture") between the City and The Bank of New York Trust Company, N.A., as trustee (the "Trustee"), to pay a portion of the cost of the Refunding Project ; and WHEREAS , the Owner will enter into a Financing Agreement dated as of June 1, 2007 (the "Financing Agreement") among the City, the Owner and the Trustee pursuant to which the proceeds of the Bonds will be loaned to the Owner (the "Bond Mortgage Loan"); and 3 WHEREAS, the Owner will execute a Bond Mortgage Note (the "Bond Mortgage Note") evidencing its obligation to repay the Bond Mortgage Loan to be delivered upon the order of the City pursuant to the Financing Agreement to the Trustee; and WHEREAS, to secure the Owner 's obligations under the Bond Mortgage Note , the Owner will execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust, Assignment of Rents and Security Agreement (including Fixture Filing) with respect to the Project ; and WHEREAS , the Owner will cause to be delivered to the Trustee on the date of initial issuance of the Bonds a direct pay Credit Enhancement Agreement dated as of June 1, 2007 (the "Credit Enhancement Agreement") between the Federal Home Loan Mortgage Corporation ("Freddie Mac") and the Trustee which will provide for (i) draws in an amount equal to certain "Guaranteed Payments" with respect to the Bond Mortgage Loan and (ii) liquidity draws by the Trustee to the extent remarketing proceeds are insufficient to pay the purchase price of Bonds while the Bonds bear interest at a variable rate ; and WH EREAS , to evidence the Owner's reimbursement obligations to Freddie Mac fo r draws mad e under the Credit Enhancement Agreement, the Owner an d Freddie Mac will enter into a Reimbursement and Security Agreement dated as of June 1, 2007 (the "Reimbursement Agreement"); and WHEREAS , to secure the Owner's obligations under the Reimbursement Agreement, the Owner will execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust , Assignment of Rents and Security Agreement (including Fixture Filing) (the "Reimbursement Mortgage") with respect to the Project ; and 4 WHEREAS, the Owner's obligations under the Reimbursement Agreement and the Reimbursement Mortgage will be cross collateralized with other multifamil y hou sina projects owned by Equity Residential , a Maryland rea · ~state investment trust ("EQR"), which is general partner of ERP Operating Limited Partnership , an Illinois limited partnership , which is managing member of the Owner, or other multifamily housing projects owned by EQR 's sub sidiaries ~ and WHEREAS, the City has been requested to enter into an lntercreditor Agreement (the "lntercreditor Agreement") in connection with Freddie Mac's provision of credit enhancement ; and WHEREAS , the City is authorized by the Supplemental Public Securiti es Act , Anicle 57 of Title 11 of Colorado Revised Statutes , as amended (the "Public Securiti Act"), to delegate to ( any of its members , chief executive officer, or chief financial o ffi cer th auth ority to s ign a contract for the purchase of securities or to accept a binding bid f; r ec uriti es and , in addition , may delegate the following determinations to such member or o ffi cer without any requirement that the issuing authority approve such determinati ons: (a ) th e rate of int erest on securities ; (b) I the conditions on whi ch and the prices at which the appli cabl e urit ies may be redeemed before maturity; (c) the existence and am ount of any capitalized int erest r r crve fund s; (d) th e price at which the securities will be sold ; (e) the prin ip I am unt and denominations of the securities· (t) the amount of principal maturing in any panicular ar: and (g) the dates on which principal and interest shall be pai d ; and WHEREAS , the City hereby determin th t it i in th ity' best interest to delegate to it Director of Finance and Administrative Servi (th • hief Financial Officer") the powers enumerated in the Public Securities Act m re ifi II provided in this Ordinance· and WHEREAS , there have been presented to the City Council at this meeting the following documents : (a) the proposed form of the Financing Agreement, (b) the proposed form of the Indenture, (c) the proposed form of the Intercreditor Agreement, (d) the proposed form of the Amended and Restated Land Use Restriction Agreement dated as of June 1, 2007 (the "Regulatory Agreement"), by and among the City, the Owner and the Trustee, and (e) the proposed form of Purchase Agreement (the "Purchase Agreement") among the City, the Owner and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Underwriter"). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1. Legal Authorization. The City is a duly organized and existing home rule municipality of the State, created and operating pursuant to Article XX of the Colorado Constitution and the City's Charter and is authorized under the Act to issue and sell its multifamily housing revenue bonds in the form of one or more debt instruments , such as the Bonds , for the purpose, in the manner and upon the terms and conditions set forth in the Act , in th is Ordinance, and in the Indenture. Section 2. Findings. The City Counci l has h eretofore determi ned, and does hereb y determine, based upon the representations of the Owner, as follows : (a) The Project is an eligible "project," as defined in the Act. (b) The issuance of the Bonds will effectuate the public purposes of the City and carry out the purposes of the Act by, among other things , providing residential facilities for low-and middle-income persons in the City. 6 (_ I ( c) The Bonds are special , limited obligations of the City payable solely out of the income, revenues and receipts specifically pledged pursuant to the Indenture. The Bonds, the premium , if any, and the interest thereon shall never constitute the debt or indebtedness of the City within the meaning of any provision or limitation of the State Constitution, State statutes or the Charter, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing power and shall not constitute a "multiple fiscal year direct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the Colorado Constitution. Neither the State of Colorado nor any political subdivision thereof shall be obligated to pay the principal of, premium, if any, or interest on the Bonds or other costs incident thereto . The Bonds do not constitute a debt, loan, credit or pledge of the faith and credit or taxing power of the State, the City or any political subdivision thereof. Section 3. Authorization of Issuance of Bonds . To u ... fray the cost of the Refunding Project, there is hereby authorized and created a series of variable rate revenue bonds designated "City of Englewood, Colorado Variable Rate Demand Multifamily Housing Revenue Refund ing Bonds (Marks West Apartments) Series 2007 " in an aggregate principal amount not to exceed $11 ,200 ,000 . Subject to the determination of the Chief Financial Officer, the issuance of the Bonds shall be in such principal amounts , bearing such dates and provisions for determination of variable interest rates and such Bonds shall mature as set forth in the Indenture . The Bonds shall be payable, shall be subject to redemption or purchase in lieu of redemption and t ender prior to maturity and shall be in substantially the form as prov ided in the Indenture. Furthermore, the Bonds shall be payable at such place and in such 7 form , shall carry such registration privileges , shall be executed , and shall contain such terms and conditions , as set forth in the Indenture. The maximum net effective interest rate on the Bonds shall not exceed 12.00% per annum . Section 11-57-204 of the Public Securities Act provides that a public entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Public Securities Act. The City hereby elects to apply all of the Public Securities Act to the Bonds. Section 4. Sale of Bonds The placement and purchase of the Bonds pursuant to the terms of the Purchase Agreement be and the same are in all respects hereby approved , authorized and confirmed , and the Mayor (or Mayor pro tern) is hereby authorized and directed to execute the Bonds and the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Bonds and each i s hereby authorized to deli ver the Bonds for and on behalf of the City to the Trustee for authentication pursuant to the Indenture . The Bonds shall be sold to the Underwriter for the purchase price as set forth in the Purchase Agreement (subject to the limitations set forth herein). Section S. Delegation . Pursuant to the term s of the Publ ic Securities Act, the Chief Financial Officer is hereby delegated the authority to estab lish: (i) the terms upon w hi ch th e interest rate or rates of the Bonds will be determined and the payment dates therefore , provided that the net effecti ve interest rate for the Bonds shall not exceed 12 .00 %; (ii) the prior redemption provisions for the Bonds , provided, any redemption premium thereon shall not exceed 4% of the principal amount to be redeemed ; (iii) the original issue discount or premium ther n hall n t exceed 4% of the aggregate principal amount of the Bonds ; and (iv) the date (_ ( on which the Bonds shall mature, including the amounts to mature in each year, provided that , the final maturity date for any Bond shall not be later than June 1, 2042. Section 6. Approval and Autb.orization of Documents. The Indenture , the Financing Agreement, the Regulatory Agreement, the Intercreditor Agreement and the Purchase Agreement be and the same are in all respects hereby approved, authorized and confirmed, and the Mayor (or Mayor pro tern) is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Indenture, the Financing Agreement, the Regulatory Agreement, the Intercreditor Agreement and the Purchase Agreement in substantially the forms and content as presented to the City on this date, subject to the approval of bond counsel to the City, but with such changes , modifications , additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes , modifications , additions and deletions from the forms thereof as before this date. Section 7. All Actions Heretofore Taken. All actions (not inconsistent with the provisions of this Ordinance) heretofore taken by the City Council and the officers of the City directed toward the issuance and sale of the Bonds therefor are hereby ratified , approved and confirmed . Section 8. Compliance with the Act. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: (a) The maximum amount necessary in each year to pay the principal of and the interest on the Bond s (based on the maximum net effective interest rates set forth 9 herein, assuming that interest is paid monthly, and assuming no redemptions) shall not exceed: Principal Year Amount Interest Total 2007 $ $ 728,000 $ 728 ,000 2008 1,344,000 1,344,000 2009 1,344,000 1,344,000 2010 1,344,000 1,344,000 2011 1,344,000 1,344,000 2012 1,344,000 1,344,000 2013 1,344,000 1,344,000 2014 1,344,000 1,344,000 2015 1,344,000 1,344,000 2016 1,344,000 1,344,000 2017 1,344,000 1,344,000 2018 1,344,000 1,344,000 2019 1,344,000 1,344,000 2020 1,344,000 1,344,000 2021 1,344,000 1,344,000 2022 1,344,000 1,344,000 2023 1,344,000 1,344,000 2024 1,344,000 1,344,000 2025 1,344,000 1,344,000 2026 1,344,000 1,344,000 2027 1,344,000 1,344,000 2028 1,344,000 1,344,000 2029 1,344,000 1,344,000 2030 1,344,000 1,3 44 ,000 203 1 1,344,000 1,344,000 2032 1,3 44,000 1,344,000 2033 1,344,000 1,344,000 2034 1,344,000 1,344,000 2035 1,344,000 1,344,000 2036 1,344,000 1,344,000 2037 1,344,000 1,344,000 2038 1,344,000 1,344,000 2039 1,344,000 1,344,000 2040 1,344,000 1,344 ,000 2041 1,344,000 1,344,000 2042 11 ,200,000 1,344,000 12 ,544 ,000 Provided , however, that subject to the determination of the final maturity date of the Bonds as provided in Section 5 of this Ordinance, the maximum amount neces ary to pay the principal of 10 ( and the interest on the Bonds shown above for the year 2042 may occur prior to 2042 to coincide with the final maturity date of the Bonds . (b) Pursuant to the Indenture there shall be established certain debt service reserve funds for payment of the Bonds , which reserves are required to be replenished from time to time, if necessary, from Revenues (as defined in the Indenture). (c) In the Financing Agreement, the Owner has covenanted to maintain, or cause to be maintained, the Project and to carry, or cause to be carried, all proper insurance with respect thereto. (d) The revenues and other amounts payable under the Financing Agreement are sufficient to pay, in addition to all other requirements of the Financing Agreement and this Ordinance, all sums referred to in paragraphs (a), (b) and (c) of this Section and all taxes or payments in lieu of taxes levied upon the Project. Section 9. Investments . Proceeds from the sale of the Bonds and special funds from the revenues from the Refunding Project shall be invested and reinvested in such securities and other investments specified in , and otherwise in accordance with, the Indenture and Section 29- 3-109 of the Act and Section 24-75-601.1 , Colorado Re vised Statutes . Section 10 . Authority to Execute and Deliver Additional Documents . Th e o ffi cers, employees and agents of the City shall take all action in conformity with the Act, the Public Securities Act and th e Charter necessary or reasonably required to effectu ate the issuance of the Bonds and shall take all action necessary or desirabl e in conformity wi th th e Act an d the Charter to finance the portion of the costs of the Refundi ng Project to be financed with proceeds of the Bonds and for carrying out, giving effect to and consummating the transactions contemplated by this Ordinance, the Financing Agreement, the Indenture , the Regulatory 11 Agreement, the lntercreditor Agreement and the Purchase Agreement including without limitation the execution, delivery and filing of any documents, statements or reports with the United States Internal Revenue Service or with the Secretary of the United States Treasury or his delegate necessary to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes, the execution of any letter of representation or similar document required of any securities depository, and the execution and delivery of additional security documents and any closing documents to be delivered in connection with the sale and delivery of the Bonds. Section 11. Bonds are Limited Obligations. The Bonds shall be special, limited obligations of the City payable solely from the receipts and revenues of the City under the Financing Agreement that are specifically pledged therefore under the Indenture ; the Bonds shall never constitute a debt or indebtedness of the City, the State or any county, municipality or political subdivision of the State within the meaning of any provision or limitation of the Constitution or statutes of the State or the charter of any political subdivision of the State; and the Bonds shall never constitute nor give rise to any pecuniary liability of, or a charge against the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State. The Bonds shall not constitute a "multiple fiscal year direct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the Colorado Constitution. Section 12 . No Pecuniary Liability . Nothing contained in this Ordinance or in the Bonds , the Financing Agreement , the Indenture, the Regulatory Agreement , the Intercreditor Agreement or the Purcha e Agreement or any other instrument shall give rise to a pecuniary 12 ' ; I I . ' ' i I I ! : ( ( liability of, or a charge upon the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State. The breach by any party of any agreement contained in this Ordinance, the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement , the lntercreditor Agreement or the Purchase Agreement or any other instrument shall not impose any pecuniary liability upon , or any charge upon the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State, none of which has the power to pay out of its general fund, or otherwise contribute, any part of the cost of refinancing the Project, or power to operate the Project as a business or in any manner. Section 13. No Condemnation by City. The City shall not condemn any land or other property for the Project. Section 14. Trustee and Remarkedng Agent. The Bank of New York Trust Company, N.A. is hereby appointed as Trustee and Paying Agent under the Indenture and Merrill Lynch , Pierce, Fenner & Smith Incorporated is hereby appointed as Remarketing Agent pursuant to the terms of the Indenture . Section 1S. Supplemental Ordinances . The Ci ty may, subject to the terms and conditions of the Indenture , pass and execute ordinances supplemental to this Ordinance which shall not be inconsistent with the terms and provisions hereof. Section 16 . Limitation of Right s . With the exception of any rights herein expressly conferred , no thing expressed or mentioned i11 or to be implied from the Ordinance or the Bonds is intended or shall be construed to give to any person , other than the City, the Owner, the Underwriter and the owners of the Bonds , any legal or equitable right , remedy or claim 13 under or with respect to this Ordinance or any covenants , conditions and provisions herein contained ; this Ordinance and all of the covenants , conditions and provisions hereof being intended to be and being for the sole and exclusi ve benefit of the City, the Owner, the Underwriter and the owners of the Bonds as herein provided . Section 17. Pledge of Revenues. The creation , perfection , enforcement , and priority of the pledge of the Revenues to secure or pay the Bonds as provided herein and in the Indenture shall be governed by Section 11-57-208 of the Public Securities Act and this Ordinance. The Revenues for the payment of the Bonds , as received by or otherwise credited to the City, shall immediately be subject to the lien of such pledge without any physical delivery , filing , or further act. The lien of such pledge on the Revenues shall have priority over an y or all other obligations and liabilities of the City. The lien of such pledge shall be valid , binding , and enforceable as against all persons having claims of any kind in tort , contract , or otherwise against the City irrespective of whether such persons have notice of such liens. Section 18. Official Statement . The City acknowledges that the Underwriter shall use an Officia l Statement in conn ection wi th the offering of the Bond s, and the Chief Finan cial Officer is hereby authorized to certify as to the accuracy of the information concerning the City contained therein. Section 19 . Immunity of Officers. Purs uant to Section 11-57-209 of the Pub lic Securities Act , if a member of the Council , or any officer or agent of the City acts in good faith , no civil recourse shall be available against such council member, officer, or agent for payment of the principal of or interest on the Bonds. No recourse for the payment of any part 14 of the principal of, premium , if any, or interest on the Bonds for the satisfaction of any liability arising from, founded upon or existing by reason of the issue, purchase or ownership of the Bonds shall be had against any official , officer, council member or agent of the City or the State, all such liability to be expressly released and waived as a condition of and as a part of the consideration for the issue , sale and purchase of the Bonds. Section 20. Limitations on Actions. In accordance with the Act, no action shall be brought questioning the legality of any contract , financing agreement, mortgage , trust indenture , proceeding relating to the Bonds or the Bonds , the Refunding Project or the Project on and after thirty days from the effective date of this Ordinance. Section 21. Counterparts. This Ordinance may be simultaneously executed in se veral counterparts , each of which shall be an original and all of which shall constitute but one and the same instrument. Section 22. Captions . The captions or headings in this Ordinance are for convenience onl y and in no way define , limit or describe the scope or intent of an y provisions or section s of th is Ordinance. Section 23. Validity of Bonds . Each Bond shall co nt ain a reci tal that such Bond is issued pursuant to the Act and the Public Securities Act, and such recital shall be conclusive evidence of its validity and of the regularity of its issuance. Sec tion 24 . lrrepealability . After any of the Bonds are issued, this Ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid , canceled and di charged . JS > Section 25. Severability. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph , clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 26. Repealer. All orders, ordinances, resolutions , bylaws , and regulations of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent only of such inconsistency. Introduced , read in full, and passed on first reading on the 7th day of May, 2007. > Published as a Bill for an Ordinance on the 11th day of May, 2007 . (SEAL) Olga Wolosyn , Mayor AITEST: Loucri shia A. Elli s, Ci ty 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 7th day of May, 2007 . Loucrishia A. Ellis , City Clerk 16 COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a V Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments ) Series of 2007 Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this specific request but Council has acted in the past to help defray the cost of financing the Marks Project. In 1996 Council approved Ordinance 44, Series of 1996 which approved the issuance and sale of Multifamily Housing Revenue Refunding Bonds (Marks Apartments Project) Series 1996 which refunded a prior bond issued used for this project. Council approved Ordinance 62, Series of 2004 which approved issuing Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments) Series of 2004 to refund the Multifamily Housing Revenue Bonds (Marks Apartments) 1985 Series B. RECOMMENDED ACTION Staff recommends City Council adopt the attached Bill for an Ordinance approving the refunding of the Multifamily House Revenue Refunding Bonds (Marks Apartments) Series of 1996 by issuing Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments) Series of 2007. This Bill for an Ordinan ce includes the following: •:• Trust Indenture •:• Financing Agreement •:• Purchase Agreement •:• lntercreditor Agreement •:• Amended and Restated Land Use Restriction Agreement BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED This Bill for an Ordinance authorizes the Marks West to issue up to $11.2 million in variable rate demand multifamily housing revenue refunding bonds as well as other provisions related to the issuance. The County and Municipality Development Revenue Bond Act (Article 3 of Title 29, Colorado R ised Statutes) authorizes cities to finance or refinance one or more projects, including an land, buildings or other impro ements, and all real and personal properties which are suitable for r id nti I faciliti s for low and middle income families or persons. - The issuer uses the City's tax exempt status to issue debt that pays tax-exempt interest over the life of bonds if strict restrictions are adhered to. The tax exempt status lowers the cost of borrowing, and therefore may provide an incentive to non-profit organizations to take on projects or provide services that might not otherwise be undertaken. Although the issuer uses the tax exempt status of the City of Englewood, the City does not take on any responsibility for the repayment of debt or pledge its credit. The City does risk loss of reputation and nuisance lawsuits in the event of a default. Both the City Attorney and outside bond Counsel have reviewed the proposed changes and have given their approval. Wellsford has guaranteed their bond rating will not drop below investment grade. The Tax Equity and Fiscal Responsibility Act of 1982 {TEFRA) requires a public hearing be held. This hearing will be held from 1 :00 to 2 :00 p.m. on May 21 , 2007 in Room 3-212 in Civic Center, 1 000 Englewood Parkway, Englewood, CO. FINANCIAL IMPACT EQR-Marks West, L.L.C. is solely responsible for the repayment of this debt. The City of Englewood does not pledge its credit nor does it make any pledge, guarantee, or take any responsibility regarding the repayment of this debt. The City will collect $12 ,500 to cover administrative expenses associated with this issuance . The C"ity 's outside attorney will be paid by the issuer of the bonds. LIST OF AlTACHMENTS Proposed Bill for an Ordinance ( ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUlUAL AID/AUTOMATIC AID AGREEMENT BETWEEN sourn METRO FIRE RESCUE AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS , Englewood's territorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, South Metro is a fire protection district organized and existing under Part 3, Chapter 32, of 1973 C.R.S.; and WHEREAS , each of the parties hereto maintains emergency equipment; and WHEREAS , emergencies may arise in one or the other of the jurisdictions resulting in greater demands than that j urisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction in which the emergency occurs ; and WHEREAS , it is in the interest of each of the parties that they may have service from the other party to a id and assist them for the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, C OLORADO, AS FOLLOWS : Section 1. C ity Council of Englewood , Colorado, hereby approves the Intergovernmental Agreement for Mutual Aid/Automat ic Aid Agreement (Fire) 2007 between South Metro Fire Rescue and the City of Englewood, Colorado, a copy of which is attached hereto as Exhibit 1. Section 2 . The Mayor is hereby authorized to sign and the City Clerk to attest said Mutual Aid/Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 2007 . -1- Olga Wolosyn, Mayor ATIEST: 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 7th day of May, 2007 . Loucrishia A. Ellis -2- I ( MUTUAL AID/ AUTOMATIC AID AGREEMENT (FIRE) 2007 THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter called "Englewood", and SOUTH METRO FIRE RESCUE, hereinafter called "South Metro". WITNESSETH WHEREAS , Englewood is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, its Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado , and WHEREAS, South Metro is a fire protection district organized and existing under Part 3, Chapter 32 , of 1973 C .R.S.; and WHEREAS, each of the parties hereto maintain emergency equipment ; and WHEREAS, emergencies may arise in one or the other of the jurisdictions of the parties , resulting in greater demands than the manpower and equipment of the party can handle; or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs ; and WHEREAS, it is to the interest of each of the parties that they ma y have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies ; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows : 1. MUTUAL AID : 1. Fo r and in cons ideration of the promi ses of South Metro , hereinafter set forth , Englewood agrees wi th South Metro that in the event there are em ergencies in th e territory served by South Metro which are beyond the control of the fire department of South Metro , whether because of use of their equipment at other places or because of the intensity of the emergency , or otherwise, Englewood agrees , subject to the limitation hereinafter set forth , to aid and assist South Metro by causing and permitting its fire division and its equipment to be used in responding to emergencies in the territorial area of So uth Metro , and the need for such aid and assistance shall be determined by the fire department of South Metro , subject, however, to the following limitations : Englewood shall be excused from making its equipment and services available to South Metro in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood , or their prior use at any place, E X H I B I T 1 which decision of availability shall be made by the fire division of Englewood , and which decision shall be conclusive. 2. For and in consideration of the promises of Englewood, hereinafter set forth , South Metro agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood which are beyond the control of the fire division of Englewood, whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, South Metro agrees, subject to the limitations hereinafter set forth, to aid and assist Englewood by causing and permitting South Metro equipment to be used in responding to emergencies in the territorial area of Englewood, and the need for such aid and assistance shall be determined by the fire division of Englewood, subject, however, to the following limitation: South Metro shall be excused from making its equipment or service available to Englewood in the event of the need of the emergency equipment or need of the manpower within the territorial area of South Metro, or their prior use at any place, which decision of availability shall be made by the fire department of South Metro , and which decision shall be conclusive. 3. Each party waives all claims and causes of action against the other party for compensation, damages, personal injury or death occurring as a consequence, direct or indirect, of the performance of this Agreement. 4. Each party shall be expected to maintain its equipment and organize its emergency response method, with both manpower and equipment, to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the parties ' respecti ve jurisdictions. II. AUTOMATIC AID 1. It is understood and agreed that the Englewood Fire Division will respond from the appropriate fire apparatus into South Metro Fire Rescue 's district as part of the initial response through automatic dispatching by South Metro dispatchers into the below-defined areas. DEFINED AREA -SOUTH METRO : general ly bounded by Clarkson Street on the west University Boulevard on the east, East Hampden A venue on the north (including the Cherry Hills Heights subdivision), and South Sherman Street (5400 block South) on the south . Additionally coverage will also extend to an area generally bounded by University Boulevard on th west, East Hampden A venue 2 ( I 2. on the north, Colorado Boulevard on the east, and Quincy Street on the south. SEE EXHIBIT "A". It is understood and agreed that South Metro Fire Rescue will respond from the appropriate apparatus into Englewood's district as part of the initial response through automatic dispatching by Englewood's dispatchers into the below-defined areas. DEFINED AREA -ENGLEWOOD: generally extending from Broadway east to the City limits, north from East Tufts to the City limits. III. OTHER PROVISIONS: 1. Either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ___ day of . 2007. SOUTH METRO FIRE RESCUE By: __________ _ President, Fire District Board By: __________ _ Chief, Fire Department ATTEST : By: __________ _ 3 CITY OF ENGLEWOOD By:------------ Olga Wolosyn, Mayor By: ___________ _ Chris Olson, Director Safety Services Loucrishia A. Ellis City Clerk .• i ' i I' I i I I j I j /· 7",::· 'I . ;= '~}. ,I• ·~1 ''. ':" ·~· ..... ,1·. Exhibit A -South Metro Mutual Aid/ Automatic Aid Areas '! -~ S:-·f 1i-1·' ... ! :-.·' ~"""'*""' -:" ,f ' •l .l 1 ' .. ... Jf·'' .. r • , ... • ... ~ : ,. ' . ~' ! . ' ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a vi Automatic/Mutual Aid Agreement with South Metro Fire Rescue Initiated By: Staff Source: Department of Safety Services, Fire Division Michael Pattarozzi, Division Chief, Fire Division COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1990, Council approved an ordinance authorizing the implementation of an Automatic/Mutual Aid Agreement with the South Metro Fire Rescue Protection District. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance approving the updated and revised Automatic/Mutual Aid Agreement between the City of Englewood and South Metro Fire Rescue Protection District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The successful mitigation of emergency operations is dependent upon the rapid deployment of adequate resources. Automatic/mutual aid augments City resources by the coordinated utilization of the resources of neighboring communities. This agreement is reciprocal . FINANCIAL IMPACT None LIST OF AITACHMENTS Map of the Automatic Aid Coverage with All Departments Proposed Bill for an Ordinance G . ,,gl · • ,~--. I ,_::L:~ ~f ; .. ~·i:,!,1 .• ~ •.. , 1n!. f?I', · .. ,. -t JL·-' .... 17,,: 1.1 U..,\!~~I J I: .; :_:.· [I :::, I . !: '11 ), ' ,-~r r .'j l ,. ;v~·,1 ·n l 'j I j· . : , 1, ·, .: . .,1 1R ·. ·t'''. : .. ! • -I., :, -·· .. !. • • ' 4QL -,,.,,., ,:;.,, ·." F , 'j ,. ',,,, • 1 T, ,,• · , •,) I I.,,! -.~· b ,j . f -·-· . . . . . , I ;:'., U~[I·.;: ii'°~ 11 ji, ,; _;.: . i1, , • ·· · ,., r,; ui , 11 . ~-·· . '''< . ~u -~ , ..•. ,,1 -~.1 ,I ' .,., ~ '., ,.~. 'L: I, . , ,.,.~ n I I "-·'~' .I] • i! r ,,!!,.., ;•. ~ "·l' r, .. ~"J.:: . :. : il.ctr-1,~ :.,, --, :' ~, f ,Q-\~, ·.-.:,... ~ 'l'l I! , ·i r· , :-·l . Ut!J .. · -~~-1•f tJ.1i · · f. · • ~ ... : ·: : n : ~ -1 ,~. (t , . ,; .·. · · · '1 ! 1 :_! -".=:.'. . i'(. ,-··--i . 1 •. '· ,: • '' ,,, ••. ,<;:_ •")' ;./. :< ~-·. · .. , .. :.·<·.:'._·~ ~- ' .. , .. , ,~ I & ·\,,..r --.. - 1 ., • • -~ ', ·. -1'' T'"'i ' . ' :--·, •• fe, ~ ~. {-r·i·~: I~ ' . ' · 1 ' I ...t -t,•· . -r : ;• ! • · ,'. ;.. .., • ~ r1 , , I • ·! 11 , •.::·fr -· . ,· .. 'i . I . ·•. ,.,_ ' ·" ) ~·:1· ·-~ : 'I '''""-: I ,, ·'. . .•. \ . ,i ( - ~--~=----------~~~~~~A -id coverage Automatic M~p oflih~epartrnents with a ·-.,~-.. : .i! : ;,, .,· 'I ~, . . '···. ' ·j ,i I( ,, ..... !I ' ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABilLFOR COUNCIL BllL NO. 33 INTRODUCED BY COUNCil.. MEMBER ------ AN ORDINANCE APPROVING AN INTER.GOVERNMENTAL AGREEMENT (IGA) FOR MUlUAL AID/AUTOMATIC AID AGREEMENT BE'IWEEN THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood is a home rule municipal corporation organiz.ed and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood's territorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Littleton is a municipal corporation providing fire service within the legal boundaries of the City of Littleton and the legal boundaries of the Littleton Fire Protection District and the legal boundaries of the Highlands Ranch Metropolitan District ( collectively referred to as the "territory of service area of Littleton") pursuant to an intergovernmental agreement with said Districts for fire services; and WHEREAS, each of the parties hereto maintains emergency equipment; and WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands than that jurisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction in which the emergency occurs; and WHEREAS, it is in the interest of each of the parties that they may have service from the other party to aid and assist them for the purpose of fighting fires or responding to other emergencie s; N O W, THEREFORE, BE IT ORDAINED B Y THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement for Mutual Aid/Automatic Aid Agreement (Fire) 2007 Between the City of Littleton, Colorado and the City of Englewood, Colorado, a copy of which is attached hereto as Exhibit 1 . Section 2. The Mayor is hereby authorized to sign and the City C leric to attest said Mutual Aid/Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood. Introduced, read in full , and passed on first ffllding on the 7th day of May , 2007. -1 - \\~~\I Published as a Bill for an Ordinance on the 11 lb day of May, 2007. AITEST: Olga Wolosyn, Mayor 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 7th day of May, 2007. Loucrishia A. Ellis -2- ,. .L 'J -· " i I I I : I I ;, I ' AUTOMATIC AID AND MUTUAL AID AGREEMENT THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO, hereinafter called "Englewood", and the CITY OF LITTLETON, COLORADO , hereinafter called "Littleton", WITNESSETH THAT: WHEREAS , Englewood is a municipal corporation and its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado , and WHEREAS , Littleton is a municipal corporation providing fire service within the legal boundaries of the City of Littleton and the legal boundaries of the Littleton Fire Protection District and the legal boundaries of the Highlands Ranch Metropolitan District ( collectively referred to as the ''territory or service area of Littleton") pursuant to an intergovernmental agreement with said Districts for fire services; and, WHEREAS , each of the parties hereto maintain emergency equipment; and, WHEREAS , emergencies may arise in one or the other of the jurisdictions of the parties resulting in greater demands than the personnel and equipment of that party can handle , or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs ; and, WHEREAS , it is in the interest of each of the parties that they may have service of and from the other party to aid and assist them for the purpose of fighting fires or responding to the other emergencies. NOW THEREFORE, in consideration of the promises hereafter set forth, it is mutually agreed by and between the parties: I. MUTUAL AID A . Englewood shall in the event there are fires or other emergencies in the territory or service area of Littleton which are beyond the control of Littleton, whether because of the use of its equipment at other places or because of the intensity of the emergency, or otherwise, subject to the limitations hereinafter set forth, aid and assist Littleton by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territory and service area of Littleton. The need for such aid and assistance shall be determined by Littleton . Notwithstand ing anything herein to the contrary, Englewood shall be excused from malting its equipment and services avai lable to Littleton in the event of the need for such equipment and/or personnel within the territory and service area of Englewood or their prior use at any other place, which decision of availability shall be made by Englewood, and which decision shall be E X B I B I T 1 ----·- conclusive. B . Littleton shall , in the event there are fires or other emergencies in the territory or service area of Englewood which are beyond the control of Englewood, whether because of the use of its equipment at other places or because of the intensity of the emergency, or otherwise, subject to the limitations hereinafter set forth , aid and assist Englewood by causing and permitting its fire department and equipment to be used in responding to emergencies in the territory and service area of Englewood. The need for such aid and assistance shall be determined by Englewood . Notwithstanding anything herein to the contrary , Littleton shall be excused from making its equipment and services available to Englewood in the event of the need of such equipment and/or personnel within the territory and service area of Littleton, or their prior use at any other place, which decision of availability shall be made by Littleton , and which decision shall be conclusive. C. The services to be rendered by one party to the other are of equal value, and there shall be no charges made by either party for the services rendered to the other party, except in the event of equipment damage by reason of the action of the employees of the other party. If the employee is determined to be at fault or negligent , the party employing that employee shall be liable for the loss. D. Each party shall maintain its equipment and organize its emergency response procedures with both personnel and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall be expected to respond to emergency calls when the emergenc y arises due to a failure to organize available personnel or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party 's respective territory and service areas. II . AUTO MA TIC AID -ENGINE RESPONSE ONLY : A . It is understood and agreed that an Engl ewood Fire Division engine unit will respond from any appropriate Englewood station into Littleton as part of the initial respons e throu gh automatic dispatchin g b y dispatch personn el into th e below-d efined area . DEFINED AREA -Littleton: An area limited to , but generally extending from South Clarkson Street on the east (800 block east), Bow Mar Drive on the west (5600 block west), the north city limits of Littleton , and approximately Powers A venue on the south (5500 block south); areas to include Littleton High School and the portion of Bow Mar between Bow Mar Drive and Sheridan Boulevard . In the event that the appropriate Englewood fi re units are previously committed to other incidents, Englewood will immediately notify Littleton's Communication Center of the inability 2 ' ! ' I . i i; ' i I ' to respond so that Littleton may call in alternative units. B. It is understood and agreed that a Littleton Fire Rescue engine unit will respond from any appropriate station into Englewood as part of the initial response through automatic dispatching by dispatch personnel into the below-defined area: DEFINED AREA -ENGLEWOOD: An area limited to, but generally including all areas between South Clarkson Street on the east (800 block east), South Lowell Boulevard on the west (3600 block west), West Tufts/West Union on the north (4500 block north), and the south city limits of Englewood . (Said area being specifically depicted in Exhibit #1 attached hereto and incorporated herein by this reference.) In the event that the appropriate Littleton units are previously committed to other incidents , Littleton will immediately notify Englewood's dispatch center of the inability to respond so that Englewood may call in alternative units. Ill. AUTOMATIC AID -MEDICAL RESPONSE ONLY : A . It is understood and agreed that the Englewood Fire Division will respond an engine company into a defined area within Littleton through automatic dispatching by Littleton Communication Center personnel. DEFINED AREA -LITTLETON : An area limited to , but generally including, South Broadway on the east (0000 block east,), South Hickory Street on the west (900 block west}, Littleton city boundary on the north , and West Powers Avenue on the south (5600 block south). Automatic aid response into Littleton will consist of an engine company, unless this unit is previously committed to another incident and cannot respond . In this instance , Englewood will immediately notify Littleton 's Communication Center of the inability to respond so that Littleton may call in alternative units . It is understood and agreed that Littleton will continue to respond their normal Adv anced Life Support unit and pri vate transport ambulance, if n eeded , to medi c al c all s in the defi ned automat ic aid response area . B . It is understood and agreed that Littleton Fire Rescue will respond an engine company into a defined area within Englewood through automati c dispatching by Englewood dispatch personnel. DEFINED AREA -ENGLEWOOD : An area limited to , but generally including the area known as Centennial Acres , which is bounded by the South Platte River on the east, Lowell Boulevard on the west (3600 block west), the city limits of Englewood on the north, and West Belleview Avenue on the south (5100 block south). (Said area being specifically depicted in Exhibit #A 3 .. ' 'I ' t attached hereto and incorporated herein by this reference.) Automatic aid response into Englewood will consist of an engine company, unless this unit is previously committed to another incident. In this instance, Littleton dispatchers will immediately notify the Englewood dispatch center of the inability to respond so that Englewood may call in alternative units. It is understood and agreed that Englewood will continue to respond its normal Advanced Life Support unit, or private ambulance, as needed. IV. SUPERSEDING EFFECT OF THIS AGREEMENT This agreement shall supersede any prior agreements between the parties hereto. V. OTHER PROVISIONS A. This agreement shall remain in full force for a maximum period of two years from the date of execution. However, either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other party. B. The respective directors listed below may establish procedures and protocols for the carrying out of this Agreement; however, no such procedure or protocol shall be contrary to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executive the Agreement this ___ day of 2007. 4 ii - i ,' j I CITY OF LITTLETON By:------------ James Taylor, President Littleton City Council ATTEST: By: ___________ _ Julie Bower City Clerk APPROVED AS TO CONTENT: By: __________ _ John Mullin Fire Chief APPROVED AS TO FORM By: __________ _ s CITY OF ENGLEWOOD By: ___________ _ City of Englewood ATTEST: By: ___________ _ Loucrishia A. Ellis City Clerk APPROVED AS TO CONTENT: By: ___________ _ Chris Olson Director of Safety Services ( ' Exhibit A Littleton Mutual Aid/ Automatic Aid Areas -·- ~--....::.... ___ .......,. .................... _____ ....; _____ ,__ _________ ~---------·~---. COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 7, 2007 11 a vii Automatic/Mutual Aid Agreement with Littleton Fire Initiated By: Staff Source: Department of Safety Services, Fire Division Michael Pattarozzi, Division Chief, Fire Division COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1990, Council approved an ordinance authorizing the implementation of an Automatic/Mutual Aid Agreement with the City of Littleton. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance approving the updated and revised Automatic/Mutual Aid Agreement between the City of Englewood and the City of Littleton. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The successful mitigation of emergency operations is dependent upon the rapid deployment of adequate resources. Automatic/mutual aid augments City resources by the coordinated utilization of the resources of neighboring communities. This agreement is reciprocal. FINANCIAL IMPACT None LIST OF ATTACHMENTS Map of the Automatic Aid Coverage wit h All Departments Proposed Bill for an Ordinance C ,.,., ' .• ·,: ,. . , ' ... ·,· ~r-', -: ' . ' .. ' t "' I . r1 .'·I ·! j l , · :_ i r-· · ; •'j I 't-r .. , . .,. ' • :..11--( I ,, . ,j .... - f the Automatic M~p o 11 departments WJ.th a Aid coverage • •• . ,'i, .,'.·~·<>'\/ . . \!I.I \ •. i \~ ·-" ' . !:h ···iT '1 I '!: '. :l.,.J-.t' 0 ,n··,I ·.~ i>· '; !.'i ;::.-' i .. '\!.: __ :-.... . ._,; , ........ ·;~:~,, ... · ;"· -I·~···~., . ' ··' . , ...... ~l . . ',:' . r.: '.i ·~, ,' ,,·. ,. , . -~!/'···-·., ··-:., rl · ---··~••• ··~·.·'I' ···~~u; r • '' 1 • ~ ..... ..,__,..."'" ' -~ . ') -..,,. . ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MU1UAL AID/AUTOMATIC AID AGREEMENT BETWEEN TIIE CITY OF SHERIDAN AND TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS , Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood 's territorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Sheridan is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Sheridan, Colorado; and WHEREAS, each of the parties hereto maintains emergency equipment; and WHEREAS , emergencies may arise in one or the other of the j urisdictions resulting in greater demands than that jurisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction of which the emergency occurs; and WHEREAS , it is in the interest of each of the parties that they may have service from the other party to aid and assist them for the purpose of fighting fires or responding to other emergencies; NOW, TIIEREFORE, BE IT ORDAINED BY TIIE C ITY COUNCIL OF TIIE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. City Council of Englewood, Colorado , hereby approves the Intergovernmental Agreement for Mutual Aid/Automatic Aid Agreement (Fire) 2007 Between the C ity of Sheridan and the C ity of Englewood , C olorado, a copy of which is attached hereto as Exhibit 1. Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Mutual Aid/ Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 7th day of May, 2007 . -1- Published as a Bill for an Ordinance on the 11th day of May, 2007. Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrisbia 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 7th day of May, 2007. Loucrishia A. Ellis -2- T -...;......,.:..:.;:·~.:::;a-":.;.;:-:;;;:::;:e~=~===-------------=......_....._~----------------",.__ , .. ( MUTUAL AID/AUTOMATIC AID AGREEMENT (FIRE)-2007 THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD , COLORADO, a municipal corporation, hereinafter called "Englewood," and the CITY OF SHERIDAN, COLORADO, hereinafter called "Sheridan." WITNESS ETH WHEREAS, Englewood is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, its Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado, and WHEREAS , Sheridan is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, and Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Sheridan, Colorado, and WHEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS , emergencies may arise in one or the other of the jurisdictions of the parties, resulting in greater demands than the manpower and equipment of the party can handle ; or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs ; and WHEREAS , it is the desire of the citizens of the City of Englewood, as expressed through the Fire Services Delivery Committee, to enter into agreements enhancing the delivery o f emergency fire and rescue services to the City and its environs, and WHEREAS , it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies ; NOW, THEREFORE, IT IS MUTUALL Y AGRE E D by and between the parties as fo ll ows: I. MUTUAL AID : 1. For and in consideration of the promises of Sheridan, hereinafter set forth , Englewood agrees with Sheridan that in the event there are emergencies in the territory served by Sheridan which are beyond the control of the fi re de partment of Sheridan , w hether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees , subject to the limitation hereinafter set forth , to aid and assist Sheridan by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Sheridan, and the need for such aid and assistance shall be I E X Ii I 1, B .,· I r T 1 I ' r ·' D i I I ' : ' I ' ' I I I determined by the fire department of Sheridan, subject, however, to the following limitations : Englewood shall be excused from making its equipment and services available to Sheridan in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place, which decision of availability shall be made by the fire division of Englewood , and which decision shall be conclusive. 2. For and in consideration of the promises of Englewood , hereinafter set forth , Sheridan agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood which are beyond the control of the fire division of Englewood , whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise , Sheridan agrees, subject to the limitation hereinafter set forth, to aid and assist Englewood by causing and permitting Sheridan equipment to be used in responding to emergencies in the territorial area of Englewood, and the need for such aid and assistance shall be determined by the fire division of Englewood, subject, however, to the following limitation: Sheridan shall be excused from making its equipment or service available to Englewood in the event of the need of the emergency equipment or need of the manpower within the territorial area of Sheridan, or their prior use at any place , which decision of availability shall be made by the fire department of Sheridan, and which decision shall be conclusive. 3. The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charge s made by the one party for the services rendered to the other party , except that in the event of equipment damage by reason of the action of the employees of the other party , the liability and loss shall be determined on the basis of the fault or negligence of any employee . If the employee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. 4. Each party shall be expected to maintain its equipment and organize its emergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organi zed . Neither party shall ex pect the other to respond to emergency calls where the emergency ari ses due to a fai lure to organi ze availabl e manpo wer or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the parties ' respective jurisdictions. II . AUTOMATIC AID: l . It is understood and agreed that the Englewood Fire Division will respond from the appropriate apparatus into the City of Sheridan as part of the initial response through automatic dispatching by dispatch personnel into the below-defined areas. D FINED AREA -SHERIDAN : the entire City of Sheridan . Automatic aid re ponse into Sheridan will consist of a minimum 3-person company, uni aJI Eng lewood fir unit are previously committed to other incidents. ln this instance , 2 Englewood will immediately notify Sheridan's dispatch center of the inability to respond, and will make every effort to send a company to Sheridan as soon as possible. 2. It is understood and agreed that the appropriate apparatus will respond into Englewood's response area as part of the initial response through automatic dispatching by dispatch personnel. DEFINED AREA -ENGLEWOOD: an area limited to, but generally including all areas between Broadway and the western boundary of the city, and between West Tufts and the northern boundary of the City. Automatic aid response into Englewood will consist of a minimum 3-person initial response, unless that fire company is previously committed to another incident. In this instance, Sheridan will immediately notify Englewood's dispatch center of the inability to respond, and will make every effort to send a company to Englewood as soon as possible. ill. OTHER PROVISIONS : 1. Either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other. 2 . This Agreement shall be administered pursuant to such written agreements as the Fire Chiefs of each party deem appropriate. 3. Unified command will be used on all responses into Sheridan. CITY OF SHERIDAN By:------------- Mary L. Carter, Mayor ATTEST: B y: ___________ _ Arlene Sagee, City Clerk APPROVED AS TO CONTENT : By:------------- Ron Carter, Fire Chief APPROVED AS TO FORM By : __________ _ 3 CITY OF ENGLEWOOD By:------------- City of Englewood Olga Wo l osyn, Mayo r ATTE ST: By:------------- Loucrishia A. Ellis, City Clerk APPROVED AS TO CONTENT : By:----------- Chris Olson , Director of Safety Services Exhibit A ( ( Sheridan Mutual Aid/ Automatic Aid Areas .., . l) ~· -. ·-· .-.~.,~~-.. Date: May 7, 2007 COUNCIL COMMUNICATION Agenda Item: 11 a viii Subject: Automatic/Mutual Aid Agreement with Sheridan Fire Initiated By: Staff Source: Department of Safety Services, Fire Division Michael Pattarozzi, Division Chief, Fire Division COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1990, Council approved an ordinance authorizing the implementation of an Automatic/Mutual Aid Agreement with the City of Sheridan. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance approving the updated and revised Automatic/Mutual Aid Agreement between the City of Englewood and the City of Sheridan. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The successful mitigation of emergency operations is dependent upon the rapid deployment of adequate resources . Automatic/mutual aid augments City resources by the coordinated utilization of the resources of neighboring communities. This agreement is reciprocal. FINANCIAL IMPACT None LIST OF ATTACHMENTS Map of the Automatic Aid Coverage with All Departments Proposed Bill for an Ordinance . I I I i i ' : I i I 1, I i ' J I I G . , ,gf t' · 1 I ~~ ~ !t'' : -,r , ;, ·• c · ''.i"" ,· 'I .'·I ·! 11 , •. -~ ;r I ·':, ,,-.-r~4it' r ,I . ,; r, -;-,r . Aid coverage f the Automatic M~p o 11 departments WJ.th a ••••••••• ' .· . ,• 'i . '. ~J . . . •··· ! ' ' ,i ( RESOLUTION NO. SERIES OF 2007 A RESOUITION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE VARIOUS FUNDS. 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 is to the 2006 Budget for various funds requiring a supplemental appropriation for fiscal year 2006; WHEREAS, the expenditures and expenses are often not known until all transactions are processed after year end; and WHEREAS, supplemental appropriations are often necessary after all expenses are processed; and WHEREAS, this supplemental appropriation to the 2006 Budget General Fund for the Public Works Department is a result of unexpected CAM charges for snow removal not included in the 2006 Budget; and WHEREAS , this supplemental appropriation to the 2006 Budget General Fund for the Parks and Recreation Department 's 2006 appropriation was exceeded because water usage was higher than expected and the additional cost of concessions and personnel were higher than expected but were partially offset by revenues; and WHEREAS , this supplemental appropriation to the 2006 Budget General Fund for the Library was due to personnel insurance costs not budgeted; and WHEREAS , this supplemental appropriation to the 2006 General Fund is for redevelopment expenditures related to the Sheridan/Golf Course project that were offset by revenue ; and WHEREAS , this supplemental appropriation to the 2006 Budget General Fund is for debt service agent fees which were not originally included in the 2006 Budget ; and WHEREAS , this supplemental appropriation to the Donors Fund is for installed computer aided dispatch upgrade using forfeiture funds which were not included in the 2006 Budget ; and WHEREAS , this supplemental appropriation to the Concrete Utility Fund is for capital costs that were not included in the 2006 Budget; and WHEREAS , this supplemental appropriation to the Central Services Fund is for the costs of goods old which was higher than expected for 2006 but offset by interdepartmental billings ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF N LEW D, COLORAOO, AS FOLLOWS : I Section 1. The Budget for the C ity of Englewood , Colorado , is hereby amended for the year ending 2006 , as follows : GENERAL FUND SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance Reimbursement from Developer Recreation Program Revenues -Pirates Cove Total USE OF FUNDS: Public Works -CAM Costs (Snow Removal) Parks and Recreation: Pirates Cove Personnel and Concessions Parks Division -Water Usage Library -Personnel Insurance Not Budgeted Contingency -Golf Course Redevelopment Costs Debt Service -Agent Fees Total DONORSFUND SOURCE OF FUNDS: Reserved Fund Balance -Forfeiture Board USE OF FUNDS: Computer Aided Dispatch System Upgrade PARKS AND RECREATION TRUST FUND SOURCE OF FUNDS: Interest Income USE OF FUNDS: Scholarships PAVING DI STRI CT 35 SO URCE OF FUNDS: Interest Income USE OF F UN D S: Interest on Interfund Loan C ONCRETE UTILITY FUND O URCE O F FUNDS: Retained Earning $140 ,551 $102 ,000 $ 80,000 $322 ,551 $ 50 ,000 $123 ,000 $ 30 ,000 $ 15 ,000 $102,000 $ 2,551 $322 ,551 $ 96 ,000 $ 96 ,000 $ 600 $ 600 $ 200 $ 200 $ 30 ,000 I USE OF FUNDS: Capital Outlay CENTRAL SERVICES FUND SOURCE OF FUNDS: Interdepartmental Billings USE OF FUNDS: Cost of Goods Sold $ 30,000 $ 8,000 S 8,000 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2006 Budget for the City of Englewood. ADOPTED AND APPROVED this 7th of May, 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: May 7, 2007 Agenda Item: 11 Ci Supplemental Appropriation to the 2006 Budget for the General and Other City Funds Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this supplement specifically, but has discussed the activities of the various funds requiring the supplemental appropriation for Fiscal Year 2006. RECOMMENDED ACTION Staff recommends City Council approve the attached Resolution for a supplemental appropriation of funds for the following funds: GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance Reimbursement from Developer Recreation Program Revenues -Pirates Cove Total USE OF FUNDS: Public Works -CAM Costs (Sn ow Remova l ) Parks an d Re c reation : Pirates Cove Person nel an d Concessions Parks Division -Water Usage Library -Personnel Insurance Not Budgeted Contingency -Golf Course Redevelopment Costs Debt Service -Agent Fees Total DONORS FUND: SOU RCE OF FUNDS: Reserved Fund Balance -Forfeiture Board USE OF FUNDS: Computer Aided Dispatch System Upgrade $140 ,55 1 $102 ,000 $80.000 $322 ,55 1 $50,000 $123,000 $30,000 $15 ,000 $102,000 $2,551 $322 ,551 $96,000 $96,000 PARKS AND RECREATION TRUST FUND SOURCE OF FUNDS: Interes t Incom e USE OF FUNDS: Scholarships PAVING DISTRICT 35 SOURCE OF FUNDS: Interest Income USE OF FUNDS: Interest on lnterfund Loans CONCRETE UTILITY FUND: SOURCE OF FUNDS: Retained Earnings USE OF FUNDS: Capital Outlay CENTRAL SERVICE S FUND : SOURCE OF U ND S: Interdepartmental Billings USE OF FUNDS : Cos t of Goods Sold BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED $600 $600 $200 $200 $30,000 $30,000 $8 ,000 $8 ,000 This sup pl emen tal is presen ted for Co un cil co nsi derat io n because total expendi tures for the year are not fully known until all expendi tures are paid, which is often months after year-end . The appropriation for Public Works is a result of unexpected CAM charges for snow removal not included in the 2006 Budget. The Parks and Recreation Department's 2006 appropriation was exceeded because water usage was higher than expected and the additional cost of concessions and personnel were higher than expected but were partially offset b re enues. The Library had personnel insurance costs that were not budgeted. The City accounted for but did not budget for the redevelopment expenditures related to the Sheridan /Golf Course project; these expenditures , ere funded by the de eloper. Debt service agent fees were not originally included in the 2006 Budget. Th Donors Fund installed a computer aided dispatch upgrade using forfeiture funds which were n ot in lud d in the 2006 Budget \ Parks and Recreation Trust Fund did not appropriate expenditures for scholarships which were funded with interest earned. The Concrete Utility Fund had $30,000 in capital costs that were not included in the original budget. Paving District 35 made interest payments on interfund debt which was not budgeted but was funded by interest income. The Central Services Fund's cost of goods sold was higher than expected for 2006 but offset by interdepartmental billings. FINANCIAL IMPACT This appropriation will reduce the General Fund's unreserved/undesignated fund balance by $140,551. The Donors Fund's reserved fund balance will decrease by $96,000. The Concrete Utility Fund's retained earnings will decrease $30,000. The rest of these actions were offset by additional billings, revenues or earned interest. LIST OF ATTACHMENTS Resolution - '" RBS,OUJ'I'JON NO. __ SERIES OF 2007 A RESOLUTION AUTHORIZING AN EXTENSION TO THE 2006 MICROSURFACING CONTRACT FOR THE 2007 MICROSURF ACING PROGRAM AS A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 2007 MICRO-SURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the City of Englewood is responsible for maintenance of approximately 119 miles of public roadways in the City; and )1 ill WHEREAS, the Department of Public Worlcs ' Engineering and Street Maintenance Divisions have developed a system-wide maintenance program in which they have found microsurfacing to be a viable and economic preventive maintenance alternative; and WHEREAS, local contractors have not demonstrated the ability and/or knowledge to construct microsurfacing acceptable to City standards when given the opportunity on demonstration projects for other jurisdictions in the past; and WHEREAS, the staff of the Public Works Department has evaluated the quality of microsurfacing utilizing a specific local aggregate and a quick-set ERGON emulsion for the past 15 years ; and WHEREAS, Broadaway Holdings was awarded the 2006 contract which authorized a negotiated extension to the 2006 Microsurfacing contract for the 2007 Microsurfacing Program; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 , Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids hav e been requested have been approved by resolution which shall declare the reason for exception to the competitive b idding r equirement; NOW, THEREFORE, B E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: / Section 1. The City Council of Englewood, Colorado hereby approves and authorizes a negotiated extension to the 2006 Microsurfacing Contract for the 2007 Microsurfacing Program as a negotiated contract to Broadaway Holdings. ADOPTED AND APPROVED this 7th of May, 2007. ATIEST: 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 • L COUNCIL COMMUNICATION Date: May 7, 2007 Initiated By: Agenda Item: 11 C ii Public Works Department Subject: Contract for 2007 Microsurfacing Program Staff Source: Rick Kahm , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 43, Series 2005, Resolution No. 47, Series 2004, Resolution No. 33 , Series 2003, Resolution No. 46, Series 2002, Resolution No. 28, Series 2001, Resolution No. 42, Series 2000, Resolution No. 44, Series 1999, Resolution No. 51, Series 1998, Resolution No. 43, Series 1997, Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995, Resolution No. 40, Series of 1994, Resolution No. 39, Series of 1993, Resolution No. 52, Series of 1992, and Resolution No. 38, Series of 1991 , approving negotiating contracts and awarding negotiated contracts for the 2005, 2004,2003, 2002,2001,2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992,and 1991 micro- surfacing programs, respectively. Council approved a motion to award the 2006 Microsurfacing contract at the August 21, 2006 City Council meeting to Broadaway Holdings LLC. The project was bid in 2006 and Broadaway Holdings was the low bidder. RECOMMENDED ACTION Staff recommends Council approve a Resolution authorizing a negotiated extension to the 2006 Microsurfacing contract for the 2007 Microsurfacing Program, and authorizing the Director of Publi c Works to execute the contract. Staff re c ommends awarding the contract to Broadaway Holdings LLC in the amount of $611,832 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Each year, our Streets Maintenance Division reviews Englewood 's 119 miles of streets and determines which roadways are in need of maintenance efforts . The recommended !007 program includes approximately 89 blocks, as detailed in the attached list and map. The 2006 Microsurfacing contract included a provision to extend the contract for up to a three year period. Staff has a negotiated pricing with the contractor and recommends extending the contract for the 2007 program . The design life of an asphalt road is 20 years . In order to coax 20 years of life out of our roads with the tough Colorado freeze/thaw cycles, studded snow tires, the challenging and constantly changing subsurface conditions, as well as the truck and bus traffic, we need to periodically perform some resurfacing treatments . r Ir II i ! : I ~ I ' I I I I ; I I i I I ! I I Staff introduced "Englewood" microsurfacing in 1991. Our objective was to develop an alternative to address the maintenance needs of roadways subjected to excessive traffic volumes resulting in pavement rutting and lanes requiring leveling treatments along with new wearing courses and surface seals. Micro-surfacing is a cost effective maintenance alternative that provides rut filling, leveling of existing pavements, a surface seal and a new wearing surface. The finished product is jet black, aesthetically pleasing, and exhibits more traction than the original asphaltic concrete for improved safety. Modification in the product chemistry over the years has enabled us to open streets to through traffic in 20 to 30 minutes, if required. Last year, we experienced less than optimum performance from the Microsurfacing product. We had developed a new mix design, utilizing a different additive and asphalt emulsion source. Our research was unable to pinpoint the definitive source of the problem. This year, we propose to return to using the same emulsions and additives that produced successful programs for 1 5 years. Our microsurfacing product will use ERGON emulsions, transported from Waco, Texas . We will continue to specify the quality custom crushed, gray granite aggregate supplied by Asphalt Paving Company, Golden, Colorado. Microsurfacing requires highly specialized construction equipment. Based on our last sixteen years of experience, we know that the use of continuous microsurfacing equipment produces a superior product when compared to that applied with truck-mounted type machines. Continuous equipment provides consistency of application and minimizes seams by reducing equipment stops and starts. Experience with applying our product is crucial to a successful project. Currently, there are no local contractors with the proper equipment to construct our microsurfacing project. FINANCIAL IMPACT Staff has negotiated a price of $296 per ton for the 2007 program . The unit cost is up from last year 's $250 per ton cost due to increases in petroleum costs and trucking charges . We believe microsurfacing provides superior value to our citizens because : 1. The City of Englewood has developed a product that has superior workability than the standards b eing utilized by other jurisdictions. 2. M ic rosurfa ci ng has c onstru ction ad vantages over slurr ies in that mi c ro surfa ci ng c an be use d for ru t fi llin g and leve ling in add it ion t o p rovi din g th e su rface se al and new weari ng su rface. 3. Microsurfacing is more customer friendly, and doesn't require large quantities of loose rock that could cause problems or concerns for our citizens. The short set time allows the roadway to be reopened wi thout long delays . 4. Microsurfacing has the capability of being applied in any required thickness that is necessary to add ress o u r st r ee t main t enance needs. I· II II II II Ii I: • I Ii i i I . I I ! ' i 1 : I ! I I I C Year Contract Square Bloc Price Amount Yards ks Per Sauare Yard;;i 1991 $280 000 160 000 60 $1.75 1992 $260,000 185 000 70 $1.41 1993 $305,000 201 000 76 $1.52 1994 $315,000 207,000 80 $1.50 1995 $339,000 209,000 80 $1.62 1996 $358,000 223,000 86 $1.61 1997 $360,000 240000 97 $1.58 1998 $361,000 214,000 90 $1.69 1999 $350,000 214,000 86 $1.63 2000 $355,000 201,000 93 $1.77 2001 $360 000 200000 89 $1.80 2002 $352 485 191,112 75 $1.84 2003 $360 000 200 534 80 $2.07 2004 $424031 219 005 83 $1.95 2005 $421,371 168 167 46 $2.51* 2006 $297 960 79 504 10 $2.83* *Includes Broadway@ 30 lb/SY verses 18 lb/SY on residential streets ;;i Due to the varying application rates of rnicrosurfacing, and ever changing roadway conditions, micro-surfacing is contracted by unit weight applied (tons). $1,400,000 is available in the Road and Bridge PIF account for 2007. The balance of funding in the 2007 Road and Bridge PIF account will be utilized for asphalt overlays by Englewood forces, the 2007 Cape Seal project, and the associated maintenance program administration, testing, and inspection. Detailed below are the costs associated with the 2007 project: Broadaway Holdings LLC 2067 tons@ $296.00 Testing and inspection Contingency Total Estimated Project Costs LIST OF ATTACHMENTS List of Streets Map $611,832 .00 $3,000.00 $25.000.00 $639,832.00 Microsurfacing 2007 -Street List Street I Avenue From To No. Blocks Union Irving Clay 3 Tufts Federal Lowell 3 Grant Eastman Yale 5 Washington Floyd Cornell 3 Bates Broadway Logan 2 Bates Pkwy Bates Franklin 1 Bates Pkwy Downing Amherst 1 Lafayette Court Bates Pkwy Bates Pkwy 0 .5 Amherst Downing Ogden 1 Bates Pkwy Ogden Downing 1 High Floyd Dartmouth 2 Williams Dartmouth Floyd 2 Marion Eastman Floyd 1 Hampden Broadway Pennsylvania 2 .5 Girard Lafayette Corona 1.5 Lehigh Logan Broadway 2 Kenyon Broadway Logan 2 Nassau Clarkson Broadway 4 Mansfield Broadway Logan 2 Layton Broadway Logan 2 Tufts Broadway Clarkson 4 Stanford Huron Broadway 4 Lipan Court Tufts Stanford 0 .5 Jason Tufts Chenango 4 Logan Mansfield Jefferson 3 Cherokee Princeton Kenyon 5 Delaware Princeton Quincy 1 Gal a pago Nassau Stanford 5 Li pan Qu incy Radcl iff 1 Kalamath Quincy Radcliff 1 Jason Court Quincy Jason 1 Cornell Broadway Galapago 3 .5 Hampden Place Elati Englewood Pkwy 1 Grand Lowell Fede ral 3 Monmouth Federal Irvi ng 3 Bellewood Irving Federal 3 Jason Kenyon Oxford 4 81 .5 blocks CITY OF ENGLEWOOD -PUBLIC WORKS DEPT 2007 Microsurfacing 0 C ~ i C !! ·c 0 -~ e . ~ ~ . .. "' 0: .. Evins ~ .__ Adrl•tl c W•rren B•ltl c 11/ff -C•spl•n Wesley B•ker H•rv•rd HIiiside I--- ~y,ef V•ss•r I--- College I---r--9\at~<'"e Yale ) Amherst ,__ Bates I I Cornell I I D•rtmouth \ I ,) J H .--f---L-i:> I .. C 0 !; 0 ,: V\ Ithaca i"--1'--+--+++-'-+--'-__._._~i., V >-+-+--+-,.-+-,__ ~ r-" I I ~ .::: ,., : G Stlnford -V Tufts Ill I..._~ I I I J---.. .. .....__ Decatur Pi mllco .......... ~ Un i on Tanforan BI Layton ~ s,,,too~ iJ l Sant, Fe Circle Jefferson - n-i+r+-H--H+H--...i ...... -Kenyon Lehigh I Hansfi eld Qf /-µ,--,-+ .... +Lr-+-f--H~++ ....... ,..._,,i } LU ..... Nassau ~ ~ ' +-~_c:--L-++...I.L..tH--+-+-1t-+-++-t-1--t--t--t-1i--t-""1 O•ford 1-11-+-+••+-HH--t;--r--r--r-n Pri nceton ~+---'-tl-M/--J14---f-+-+-+--t-+-+-t--t-1--t-;--,--r-, Qui ncy JV ~ HH--t-+-+-+-+-HH--t;--r--r--t-1 R•dcllff ---'lf-r-+-r-+-< .. •••••• ..... H--t+++-t-1 Stanford '--..~-r.-i-+...,H++-Yl++M ............. Tufts ~ ( ~~~+-+-+-+-t--1--t-+-t,--t--1 Un i on f---~'++ ... +--H-+-+++-+-H~ ........ +-+-H L•yton ,--Ch en•noo Chenango r~--.... -"--..--U ~ ' Monmouth -Bellewood l"'1 ---Grand /\ 1 ........,-~1=:J C Btllevitw L .L.LLITLIJ.. I ..L I L ---------l-----t-----.--~'...L...J....J.,.LL.---L.+---.._+-__.__, Bellev,ew I ~ I l Pennwood ~ ~/ ~ Centenni•I Prenti ce ~---~ \.c"'o# ~ ".,... ~ R•"erty-1 '\ : E " : i i .. ; " . 0 .; A North OAT · Ap nl I 0, 2007 ... I l ttl I RE90UJ110N NO. SERIES OF 2007 A RESOLUTION AUTHORIZING THE NEGOTIATION AND AW ARD OF A CONTRACT FOR ENGLEWOOD'S 2007 CAPE SEAL PROJECT INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1- 3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the 2006/2007 snow storms caused extensive damage to Englewood's aging street system; and WHEREAS, the Englewood City Council approved an appropriation for street repair and maintenance [Road and Bridge account] in the 2007 Public Improvement Fund; and WHEREAS, the Englewood City Council approved Resolution No. 43 , Series of 2007 authorizing a $550,0000 supplemental appropriation to the 2007 PIF for Road and Bridge repairs; and WHEREAS, Englewood 's annual street maintenance projects consist of Microsurfacing and Asphalt Overlays as surface treatments to extend the life of Englewood pavements ; and WHEREAS , Cape Seal is another pavement maintenance product that provides a surface seal and a new wearing surface, while also providing additional structure to the roadway ; and WHEREAS , there are 28 blocks proposed for Cape Seal that require a surface treatment beyond what Microsurfacing can provide, yet they do not require a full asphalt overlay; and WHEREAS , the staff of the Public Works Department has evaluated the quality of Cape Seal product which is less expensive than an asphalt overlay and is more environmentally friendly , using less oil than an overlay; and WHEREAS , there are two local Cape Seal companies; one A-1 Chipseal and Quality Paving; and WHEREAS , Qual ity Pavi ng has stated that they will not provi de or bid on a Cape program this year; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the competitive bidding requirement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . The Department of Public Works is hereby authorized to negotiate a contract for Englewood' 2007 Cape Seal Project in the amount of $273 ,695 in lieu of the competitive bid proce a allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 , nglewood Municipal ode 2000 . Section 2. The Department of Public Works is hereby authorized to enter into a contract with A-1 Chipseal for the Englewood's 2007 Cape Seal Project. ADOPTED AND APPROVED this 7th of May, 2007. ATIEST: 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: May 7, 2007 Initiated By: Agenda Item: 11 C iii Public Works Department Subject: 2007 Cape Seal Project Staff Source: Rick Kahm, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved an appropriation for street repair and maintenance (Road and Bridge account) in the 2007 Public Improvement Fund (PIF). Council approved Resolution No. 43, Series of 2007 authorizing a $550,000 supplemental appropriation to the 2007 PIF for Road and Bridge repairs . City Council discussed the costs of road repairs at the Study Session held April 2, 200 7. RECOMMENDED ACTION Sta ff recommends Council approve a Resolution authorizing a negotiat ed c ontrac t, in the amount of $273,695.00, for the 2007 Cape Seal Project and authorizing the D irector of Publi c Works to exec ute the contract. Staff recommends awarding the contract to A-1 Chipseal, the onl y available qualified local Cape Seal contractor. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 2006/2007 snow st o rm s cause d ex tensive dam age to Englewood's agi n g str ee t sys t em . Typica ll y, Eng lewood 's annua l st ree t main tenance projects co nsis t of Microsurfaci ng and As ph al t Overlays as surface treatments t o ex tend the life of our paveme nts. D uring the month of A pril 2007, Street Division staff performed an inventory of all Englewood streets to identify the amount and type of surface treatment required to restore pavement condition. Cape Seal is another pa vement maintenance produ ct that provides a surface seal and a new wearing surface, while also providing additional structure to the roadway. The 28 blocks proposed for Cape Seal require a surf ace treatment beyond what Microsurfacing can provide, yet they do not require a full asphalt overlay. The Cape Seal product is familiar to Englewood staff. We used the product on a few streets in the late 1980's with great success . Cape Seal is a two part process that consists of a 3/8 " chip seal and a slurry seal over the chip seal for a final product that is smooth. Chip seal begins with asphalt emulsion sprayed onto the roadway, followed by a layer of 3/8 " rock that is evenly spread and rolled in . This part has a drying time of two to four hours, depending on weather, and then the stre t is reopened. The chip seal is allowed to c ure a minimum of 24 hours. The street is swept to rem o e an e ce s roc k and a Type II Slur ry seal is applied o er the chip for a mooth mal surfa ce. The final product is approximately 112'' thick and provides additional strength to the roadway. The components of Cape Seal are the extremely hard grey granite produced by Asphalt Paving Company of Golden, and emulsion produced by Cobitco, a local supplier of emulsion products. The Cape Seal product is less expensive than an asphalt overlay and is more environmentally friendly, using less oil than an overlay. A-1 Chipseal has been in the Cape Seal business for many years . They have contracts with about a dozen other Colorado cities and counties including, Aurora, Broomfield, Colorado Springs, Denver, Douglas County, Lakewood, Loveland, and Parker (see attached list). Staff has visited with the City of Parker to inspect A-1 's previous projects. Parker representatives are pleased with the Cape Seal product and A-1 's performance. We have contacted other City's to see who is bidding the Cape Seal product locally. The only other local company mentioned is Quality Paving. We contacted Quality and their representative stated that they will not be bidding Cape this year. At this time, Quality does not have a Chip Seal operation, only Slurry Seal. FINANCIAL IMPACT Staff has negotiated a price of $3.35 per square yard for Cape Seal. This is in line with what most of the other local municipalities are paying. Denver is paying $3 .75 per square yard for their 2007 Cape Seal Project. Traffic control by the contractor is included in the unit price. Adequate funds are available in the Road and Bridge PIF account for 2007. LIST OF ATTACHMENTS Cape Seal List Cape Seal Map A-1 Contracts i ' STREET DIVISION 2007 CAPE-SEAL LIST • BLOCKS AVENUE/STREET FROM TO 6 Raritan Evans Yale L· 2 Shoshone Yale Bates I 8 Huron Quincy Belleview f; i I·'' 1 Girard Broadway Sherman 2 Dartmouth Broadway Logan I 9 Tejon Evans I Dartmouth :: I 28 I Streets in italics are weekend only work. ' ... : Tufts Chen•ngo Nonmouth le /1 1 ~/ew Ev•n• W•rren II/fr we,1e y H•rv•rd Hll/1 /de v .... , College Ye /e Amherst ll•t•• Cornell Dertmouth ~ • ... l r:J st,nfard-/ I I I '-~,~,,~.~ ~Doc,tur Union r,nra,,n E3~ Leyton s,,,to1~ i:i --~.--~.-- /1~ 8cllewood CITY OF ENGLEWOOD -PUBLIC WORKS DEPT 2007 Cape Seal I- I ....__ ,___ ,___ ,__ I I I I M ~ 0 ... C .. :. E lt :, - - I • e l r-. Adrl•tlc h l t lc C.1pl1n hk•r "'".( ,,•'-'-;(,". ) ./ !! C C 0 !le t : ! f i~ .r C1t•!~e ~c • -••cc -~-~c1-e ~c.c~~i ;:e; ~~ !!~a~,!i!!it;~~;~~~t:! J H i!lf ....._ t-L =>I ~ f-y- ':, ~ t::::T I --I Amhers t ht•• t;'! :i!t Cornell > ~'1: n 1111 ~ 1111 ; r-C Yl 0 .., ~ v .., "' ~ / C -4' ~ ~ L,; -E ,. lthece !~i .. ~ 0: Jeffenon ---~, ~' I . i ~ -Kenyon C /I :, Lehig h Ql ' Hen ,fleld ~ ill ~ Ne ,,.u .f I""-... Oaford r=/ 1, Princeton Quincy ..l.L! ll1dcllfr /rS St1nford -I I Tufts ~t ~··/ Union Leyton Circle -Chen,ngo ~ -Grand -::Jc-.. ,, . .,, .. D•rtmouth Floy d Flo yd Pl US 2BS i 11~:t:r I C I l,.nnwaod e • ,. .! :::: • 1 ~ e a ~-~·/ -Centenn/1/ 0 !i~~!i'"' :t ... "' .. Prentice "' :t ; t llofrorty- t t ... z i .. j A North DATE : April 10, 2007 .. ""' A-1 Chipseal Past / Current Contracts Wednesday, Aprlt 25, 2007 Aurora 800 000 700,000 John Bruneau, 303-326-8200 Broomfield $ 400 000 $ 400,000 $ 600 000 Geoff Wells, 303-464-5894 COOT $ 1,200,000 $ 1,500,000 $ 2,500,000 Ga DeWitt, 970-360-2131 NIA $ 760,000 s 1,000,000 Pam Brown, 719-386-5286 Commerce Cl s 150,000 $ 200,000 To Be Bid Glenn Ellis, 303-289-8172 Denver, Cl &Co $ 120,000 $ 1,250,000 $ 1,000,000 Dan Roberts, 720-866-6858 $ 400 000 $ 460000 s 500,000 Karl Lucero, 303-660-7490 s 100,000 $ 200,000 $ 250,000 Ken Brenneman, 970-768-0125 ( 3reele $ 100,000 $ 120,000 $ 160,000 Pat HIii, 970-350-9540 Johnstown $ 75,000 $ 100 000 $ 200,000 Don Gamer 970-687-4864 Lakewood no ram $ 200 000 $ 300,000 Chris Jacobson 303-987-7963 Loveland $ 400,000 $ 426000 $ 460,000 Dave DeBaer, 970-962-2610 Parker $ 500,000 $ 600,000 To Be Bid Ron Martinez, 303-806-3183 Westminster $ 1,000,000 $ 1,600,000 $ 1,200 000 Ra Porter, 303-430-240 X 2623 To: Mayor Wolosyn and Council Members Through: Gary Sears, City Manager Tricia Langon, Acting Director of Community Development From: Brook Bell, Planner Date: May 2, 2007 Subject: Englewood Days Requests At the April 161h regular meeting of the City Council, business owner Doug Cohn spoke on behalf of the Englewood Downtown Merchants Association regarding the upcoming 2007 Englewood Days Event. Mr. Cohn presented a list of 10 requests related to the event that involve City resources and asked for Council approval of those items. Council approved two of the items that evening, and asked that staff provide additional information on the remaining requests. For Council consideration, each request from the Englewood Days promoters is followed by italicized staff comments in the list below. 1. The Show Wagon: Last year you waived the rental fee and we paid for staff time and transportation. We would like to do that again. When the new Show Wagon was purchased in 2002, it was determined that it would be used only for City related activities and events, i.e. not rented to outside groups or organizations. Exceptions to this policy have been made for Western Welcome Week and Englewood High School graduation . Last year Council also made an exception for Englewood Days . Rental fees are waived for these groups, however Parks and Recreation charges for any costs incurred such as towing and personnel costs. 2. Public Works : Last year you loaned us barricades and prepared the show areas . We ask that be done again this year. Also , traffic worked with us retiming the lights and electric signs. We paid for the signs and the downtown signals were reset to accommodate pedestrians . We would like to do that again . Public works will be able to provide the same level of service that it did last year including barricades, sweeping, and grading. The cost to Public Works is approximately $350. If some extra sweeping is required on Lincoln St., Public Works can help facilitate that. Traffic will be able to repeat what it did last year in terms of traffic signal retiming and electronic signs. Last year Public Works paid 112 of the cost for the rental of electronic and 20 mph signs ($400). Traffic 's staff time was approximately $200. 3. We used the Cherrelyn Trolley as a free shuttle, renting it form the City. We would like that option again. It was a big hit. Public works will be able to rent out the horse car again at $42. 50 per hour with all of the proper paper work executed. There are no other Public Works out-of-pocket expenses with the horse car. 4. We ask you to waive the $300 banner set up fee . At the April 1 fl-h regular meeting, Council voted to waive the $300 banner set up fee . Both of the Broadway banners (2900 and 3400 blocks) will be utilized. 5. We ask you to waive the $75 application fee for the special event. At the April 1 fl-h regular meeting, Council voted to waive the $75 Temporary Use Permit Fee . 6 . We ask for a police officer to enforce the parking time limit on the east side of Broadway during the day. We want to make sure the shoppers have a place to park. At the April 1 fl-h regular meeting, the Englewood Days promoters withdrew this request. 7 . We ask to close the 3400 block of S. Lincoln St. for the day . The Taste of Englewood , the show wagon and vendors would set up in the street. (I have c irculated a petition to the effected businesses and they say it is OK). Public Works understands that the full closure is for the middle of the block. Local access to Orchard parking lot on the north will be maintained. Access to the parking lots (Lincoln Lot and Swedish lot) will be maintained for the car show entries from Hampden . It is recommended that access to two residential properties on Lincoln also be maintained. Englewood Days promoters will pay the $100 cost fo r the C lass I ll b arricades to close th e street. The set up will be by the Englewood Days promoters. Typically, a $200 Right-of-Way permit fee is required for the closure (a drawing should be provided with the permit application). Mr. Cohn has since requested that the fee for the ROW permit be waived if Council concurs . The petition circulated to close the 3400 block of Lincoln Street during the event has been completed. Approximately one half of the businesses on the east side of Broadway and the west side of Lincoln signed the petition . Most of the remaining Lincoln Street frontage is made up of the City parking lot, Orchard Place , and the Swedish Rehab parking lot, all of these properties are planned venues for the Englewood Days event. 8. We ask that the Fire Dept. be allowed to bring the old fire truck and ambulance (and a new one) as part of the show . This will involve some staff time. We realize the first responders may need to leave quickly . The Fire Division can provide the same level of service as last year. Expenses associated with Englewood Days will be about $1 ,088. This will allow for the staffing of the antique fire trucks and the staffing of a public education booth. 9. 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 ke~p the peace? Safety Services will provide up to four officers, with the final number dependant on whether or not alcohol is served. If four officers work for the duration of the event, the estimated cost will be a total of $1 ,300 . Englewood Police Officers normally are not authorized to work events or establishments where liquor is served. The Director may make exceptions, depending on the nature of the request. If alcohol is served at the event, a Special Events Liquor Permit is required. An application packet, along with the deadlines, was provided to the Chamber of Commerce on April 3, 2007. Since the City owns the street where the permit would apply, approval from the City Manager's office is also required. If the City approves the use of the street, the permit application is processed through the City's Liquor Licensing Authority, for preliminary approval and then sent on to the state for their final approval. Our concerns remain the lic ensed premises, security and control. 10 . I wonder if Safety Services would be willing to set up a booth on recognizing drug stuff and neighborhood watch . The Safety Services Co mmunity Relations Specialist will be there with inform ation al litera tu re fo r distribution . In addition to the ten Eng lewood Day s requ ests o utl ined above , Council asked if the Communi ty Deve lopment De partm e nt co uld set up a booth to hel p market th e City . Community Development will be on site during the event to share information on available commercial properties and City business assistance 0 .. programs . The Englewood Housing Authority has been contacted and they have also expressed interest in being at the event. City staff will continue working with the Englewood Days promoters to ensure that this year's event is successful. ; : I I I . I I I I I I j : ' Message Page I of 2 Gary Sears From: DOUGLAS & LINDA COHN (dougscnr@msn.com] Sent: Saturday , April 14, 2007 9:23 AM To: Gary Sears Subject: Re : city council Monday Gary, If you could do it, that would be great. I have to work on both ends of the council meeting and will blow in right at 7:30. Thank you!! Doug Cohn -----Original Message ----- From: Gary Sears To: DOUGLAS & LINDA COHN Sent: Friday, April 13, 2007 2:35 PM Subject: RE: city council Monday Hi Doug, I am sorry I didn't get to you earlier today . I think that this looks excellent, thanks for putting it together . Would you like me to run off copies for Council that you could hand to them for the presentation , or do you wish to bring your own? I will pass this information to the department directors , so they are aware of your requests. Thanks again , see you on Monday night, Gary -----Original Message----- From: DOUGLAS & LINDA COHN [mailto:dougscnr@msn.com] Sent: Friday, April 13, 2007 8:43 AM To: Gary Sears Subject: city council Monday Gary , here are the revised notes for Monday. Is this more appropriate ? doug cohn ENGLEWOOD DAYS AND THE CITY Doug Cohn , 303-587-2407 As we plan for the upcoming event , we need your approval in the following money matters . -·---c.. Message 4/1 /2007 I. The Show Wagon: Last year you waived the rental fee and we paid for staff time and transportation. We would like to do that again . 2. Public Works: Last year you loaned us barricades and prepared the show areas. We ask that be done again this year. Also , traffic worked with us on retiming the lights and electric signs. We paid for the signs and the downtown signals were reset to accommodate pedestrians. We would like to do that again. 3 . We used the Cherrelyn Trolley as a free shuttle, renting it from the City. We would like that option again. It was a big hit. 4 . We ask you to waive the $300 banner set up fee. 5. We ask you to waive the $75 application fee for the special event. 6. We ask for a police officer to enforce the parking time limit on the east side of Broadway during the day. We want to make sure the shoppers have a place to park. 7. We ask to close the 3400 block of S. Lincoln St. for the day. The Taste of Englewood, the show wagon and vendors would set up in the street. (I have circulated a petition to the effected businesses and they say it is OK). 8 . We ask that the Fire Dept. be allowed to bring the old fire truck and ambulance (and a new one) as part of the show . This will involve some staff time. We realize the first responders may have to leave quickly. 9. 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? 10. I wonder if Safety Services would be willing to set up a booth on recognizing drug stuff and neighborhood watch. Thanks for your time. Doug Cohn, chair Englewood Days Doug Cohn - Page 2 of2