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HomeMy WebLinkAbout2023-12-04 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, December 4, 2023 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. The Regular Meeting will begin at 6:00 p.m. The Student Art Calendar Recognition as well as Public Comment will begin shortly after 7:00 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic There are no Study Session Items 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of November 20, 2023. 5a documents 6. Appointments, Communications, Proclamations, and Recognition a. Reception in the atrium. b. City Council recognition and swearing in The Mayor will ask the City Clerk to announce the status of the election. City Council will make a determination of the election and qualifications of its membership. Comments and recognition of families and/or guests by the departing members of City Council. The newly-elected/re-elected City Council Members will be sworn in by the Judge. Members of City Council are seated (in temporary spaces) and the Mayor asks the Page 1 of 137 Englewood City Council Regular Agenda December 4, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. City Clerk to call the roll of City Council Members. The Mayor will then declare whether a quorum is present. The Mayor calls for nominations for Mayor. The new Mayor assumes the Chair and calls for nominations for Mayor Pro Tem. Permanent seating assignments are selected by seniority. Recognition of families and/or guests of the newly-elected/re-elected Members of City Council. c. Student Art Calendar Artist Recognition. 6c documents d. Recognition of City Attorney Tamara Niles for receiving the designation of Local Government Fellow by the International Municipal Lawyers Association. e. Bill of Rights Day Proclamation 6e documents 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Jake Gilbert, an Englewood resident, will address Council regarding traffic around school zones. b. Kathleen Bailey, an Englewood resident, will address Council. 7b documents - combined 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment at the upcoming City Council meeting on Monday, December 4th, please sign up here Zoom to register or plan to attend the meeting in person. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Page 2 of 137 Englewood City Council Regular Agenda December 4, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, December 5th. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB-70 South Englewood Basin Intergovernmental Agreement Amendment 9ai documents Staff recommends City Council approve a Bill for an Ordinance for a South Englewood Basin IGA amendment. Staff: Deputy Director- Engineering - Public Works Tim Hoos, and Capital Project Engineer II Devin Keener ii. CB-68 Dry Gulch Intergovernmental Agreement Amendment 9aii documents Staff recommends City Council approve a Bill for an Ordinance for a Dry Gulch IGA Amendment. Staff: Deputy Director - Engineering - Public Works Tim Hoos, and Capital Project Engineer II Devin Keener b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Annual contract with AEC-West for supplemental plan review and inspections 9ci documents Staff recommends City Council approve, by Motion, Contract with AEC-West. Staff: Chief Building Official Karen Montanez ii. Renewal of contract for custodial services of City facilities with Regal Facility Management 9cii documents Staff recommends City Council approve, by Motion, Renewal of contract for custodial services of City facilities with Regal Facility not to exceed amount of $30,000 per month Staff: Director of Public Works Victor Rachael, and Facility Manager Mike Flaherty 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions Page 3 of 137 Englewood City Council Regular Agenda December 4, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. i. Establishing City Council meeting dates in December 2023 and January 2024 11ci documents Staff recommends City Council approve a Resolution establishing City Council meeting dates for December 2023 and January 2024. Staff: City Attorney Tamara Niles 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 137 MINUTES City Council Regular Meeting Monday, November 20, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Deputy City Manager, Tim Dodd was present to discuss Contract Approval Thresholds. The meeting recessed at 6:39 p.m. for a break. The meeting reconvened at 7:00 p.m. with six Council Members present, Member Anderson was absent and Member Nunnenkamp was virtual. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:00 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Cheryl Wink Council Member Jim Woodward COUNCIL ABSENT: Council Member Joe Anderson STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Clerk Harkness Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Parks, Recreation, Library, and Golf Underhill Director of Finance Loh Page 1 of 11 Draft Page 5 of 137 City Council Regular November 20, 2023 Director of Public Works Rachael Director of Community Development Power Utilities Deputy Director - Business Solutions and Engineering Stone Environmental Compliance Manager Edelstein, Utilities Economic Development Manager Hollingsworth City Architect Goblirsch, Public Works Librarian Powers, Library Librarian Gardner, Library Systems Administrator Munnell, Information Technology Audio Visual Engineer Hessling, Information Technology Police Officer Roberts Police Officer Raddell 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of November 6, 2023 Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 6, 2023 For Against Abstained Chelsea Nunnenkamp x Steven Ward (Moved By) x Rita Russell x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting on November 13, 2023 Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 13, 2023 For Against Abstained Chelsea Nunnenkamp x Steven Ward (Moved By) x Page 2 of 11 Draft Page 6 of 137 City Council Regular November 20, 2023 Rita Russell x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Craig Hospital was recognized for being selected as a 2023 Forbes Small Employer of the Year. b) Kimberly Powers was recognized for receiving an achievement award from the Colorado Libraries for early literacy. c) A Proclamation declaring Small Business Saturday in the City of Englewood, Colorado was read into the record and presented by Mayor Sierra. 7 Recognition of Scheduled Public Comment Motion to suspend remote public comment for the night. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Moved By) x Rita Russell x Jim Woodward x PJ Kolnik x Othoniel Sierra (Seconded By) x 5 1 0 CARRIED. a) Regan Benson addressed Council regarding misallocation/abuse of City resources. b) Nathan Hoag, an Englewood resident, addressed Council regarding the Englewood Holiday Store. 8 Recognition of Unscheduled Public Comment a) C. Ann Dickerson, an Englewood resident, addressed Council regarding water bill. Council Member Ward responded to Public Comment. Page 3 of 11 Draft Page 7 of 137 City Council Regular November 20, 2023 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(b)(ii-iii) and 9(c)(iv) from Consent Agenda. Moved by Council Member Woodward seconded by Council Member Kolnik to approve Consent Agenda Item 9(b)(i), 9(c)(i-iii) a) Approval of Ordinances on First Reading There were no Ordinances on First reading. b) Approval of Ordinances on Second Reading. i) CB-46 Two Intergovernmental Agreements with the Colorado Department of Public Health and Environment for an expanded sampling and an infrastructure pilot project for Per- and polyfluoroalkyl substances. ORDINANCE NO. 65 SERIES OF 2023 (COUNCIL BILL NO. 46 INTORDUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AUTHORIZING TWO INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES GRANT FUNDS ii) CB-47 Amending Englewood Municipal Code to establish clear authority for the City's current fees for usage of City property, facilities and services. [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Jim Woodward ORDINANCE NO. 66 SERIES OF 2023 (COUNCIL BILL NO. 47 INTORDUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH CLEAR AUTHORITY FOR CITY’S CURRENT FEES FOR USAGE OF CITY PROPERTY, FACILITIES, SERVICES. For Against Abstained Chelsea Nunnenkamp x Page 4 of 11 Draft Page 8 of 137 City Council Regular November 20, 2023 Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. iii) CB-69 Amending Englewood Municipal Code to provide consistency in Council fee- setting mechanisms [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Steven Ward ORDINANCE NO. 67 SERIES OF 2023 (COUNCIL BILL NO. 69 INTORDUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING SECTIONS OF ENGLEWOOD MUNICIPAL CODE TO ELIMINATE SPECIFIC FEES AND INCONSISTENT FEE ADOPTION MECHANISMS, SO FEES AND RATES MAY BE ADOPTED IN A SINGLE LEGISLATIVE ACT WHEN ADOPTING THE ANNUAL CITY FEE AND RATE SCHEDULE. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell (Moved By) x Jim Woodward x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. c) Resolutions and Motions i) 2024 Allen Water Treatment Plant Bulk Chemical Purchases RESOLUTION NO. 28, SERIES OF 2023 A RESOLUTION AWARDING OPTIMAL SOURCE CONTRACTS TO DPC INDUSTRIES, INC. AND CHEMTRADE CHEMICALS US LLC FOR THE PURCHASE OF SODIUM HYPOCHLORITE, SODIUM Page 5 of 11 Draft Page 9 of 137 City Council Regular November 20, 2023 HYDROXIDE, AND ALUMINUM SULFATE DURING THE 2024 CALENDAR YEAR ii) Professional Services Agreement and a Cost Reimbursement Agreement for the McLellan Reservoir drain line relocation design Approval of a contract with PSA with Hazen and Sawyer (Hazen) for engineering design of the McLellan Reservoir drain line relocation in the amount of $139,020, including approval to execute change order(s) to expend a 10% staff-managed contingency of $13,902, for a total project authorization of $152,922. iii) Optimal Source Professional Services Agreements for Per- and Polyfluoroalkyl Substances Sampling and Infrastructure Pilot Projects Approval of a contract for two optimal source PSAs with Stantec Consulting Services, Inc. (Stantec) for the Sampling of PFAS from the South Platte River Watershed in the amount of $73,160 and for the PFAS Infrastructure Project in the amount of $353,064 for a total authorization of $426,224. iv) Four Professional Services Agreement renewals with Carollo Engineers, Inc., Hazen and Sawyer, HDR, Inc., and Jacobs Engineering Group, Inc. for on-call engineering services [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Jim Woodward Approval of a contract for f four PSA renewals for on-call engineering services with Carollo, Hazen, HDR, and Jacobs up to an amount of $200,000 per renewal agreement. For Against Abstained Chelsea Nunnenkamp x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member PJ Kolnik Page 6 of 11 Draft Page 10 of 137 City Council Regular November 20, 2023 Motion to approve Consent Agenda Items 9(b)(i), 9(c)(i-iii) For Against Abstained Chelsea Nunnenkamp x Steven Ward x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik (Seconded By) x Othoniel Sierra x 6 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no Ordinances on First reading b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second reading (see 9(b)(i-iii). c) Resolutions and Motions i) Contract Renewal for Landscaping / Ground Maintenance Service with Arrowhead Landscape Services The meeting recessed at 7:51 p.m. for a break. The meeting reconvened at 8:00 p.m. with six Council Members present, Member Anderson was absent and Member Nunnenkamp was virtual. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward Approval of a renewal contract #3 for Arrowhead Landscaping in the not- to-exceed amount of $250,000. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Page 7 of 11 Draft Page 11 of 137 City Council Regular November 20, 2023 Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. ii) Contract Renewal for Snow & Ice Removal Services with Keesen Landscape Management, Inc. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward Approval of a contract renewal with Keesen Landscape Management, Inc. for the not-to-exceed amount of $550,000. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. iii) 2023 Budget Supplemental #4 Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward RESOLUTION NO. 29, SERIES OF 2023 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2023 BUDGET OF THE CITY OF ENGLEWOOD For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Page 8 of 11 Draft Page 12 of 137 City Council Regular November 20, 2023 Motion CARRIED. iv) PFAS Settlement Moved by Council Member Jim Woodward Seconded by Council Member PJ Kolnik RESOLUTION NO. 30, SERIES OF 2023 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT INTO THE SETTLEMENT AGREEMENTS WITH 3M COMPANY AND THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, DUPONT DE NEMOURS, INC., CORTEVA, INC., AND E.I. DUPONT DE NEMOURS AND COMPANY N/K/A EIDP, INC. IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MDL NO. 2873 (MULTI-DISTRICT CLASS ACTION PFAS LITIGATION). For Against Abstained Chelsea Nunnenkamp x Steven Ward x Rita Russell x Jim Woodward (Moved By) x PJ Kolnik (Seconded By) x Othoniel Sierra x 6 0 0 Motion CARRIED. v) Executive Session pursuant to C.R.S. § 24-6-402(4)(f)(I) for personnel matters, to discuss the compensation, classification, and contract of City Manager Shawn Lewis, and City Attorney Tamara Niles. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION PURSUANT TO C.R.S. § 24-6-402(4)(F)(I) FOR PERSONNEL MATTERS, TO DISCUSS THE COMPENSATION, CLASSIFICATION AND CONTRACT OF CITY MANAGER SHAWN LEWIS, AND CITY ATTORNEY TAMARA NILES. For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x Page 9 of 11 Draft Page 13 of 137 City Council Regular November 20, 2023 PJ Kolnik x Othoniel Sierra (Moved By) x 5 0 1 Motion CARRIED. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Chelsea Nunnenkamp x Steven Ward (Seconded By) x Rita Russell x Jim Woodward x PJ Kolnik x Othoniel Sierra (Moved By) x 5 0 1 Motion CARRIED. City Council tabled the vote on the annual salary Resolution for the City Manager and City Attorney until after Council Members report. Moved by Council Member Jim Woodward Seconded by Council Member Rita Russell RESOLUTION NO. 31, SERIES OF 2023 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER AND CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. AS AMENDED For Against Abstained Chelsea Nunnenkamp x Steven Ward x Page 10 of 11 Draft Page 14 of 137 City Council Regular November 20, 2023 Rita Russell (Seconded By) x Jim Woodward (Moved By) x PJ Kolnik x Othoniel Sierra x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:09 p.m. Senior Deputy City Clerk Page 11 of 11 Draft Page 15 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Madeline Hinkfuss DEPARTMENT: DATE: December 4, 2023 SUBJECT: Student Art Calendar Artist Recognition DESCRIPTION: City Council will honor the top 13 students whose artwork will be featured in the 2024 student art calendar. RECOMMENDATION: NA PREVIOUS COUNCIL ACTION: NA SUMMARY: Each year, the City of Englewood publishes a calendar that features the work of student artists. The city hosts an art contest to determine which pieces are featured in the calendar. The contest is open to all students (kindergarten – 12th grade) who live in, or go to school in Englewood. The artwork was voted on by Council Members, members of the Englewood Boards and Commissions and City of Englewood staff. COUNCIL ACTION REQUESTED: NA FINANCIAL IMPLICATIONS: NA Page 16 of 137 Pa g e 1 7 o f 1 3 7 Artist: Liv Cooper Title: Max - The Noble Dog Pa g e 1 8 o f 1 3 7 Pa g e 1 9 o f 1 3 7 Pa g e 2 0 o f 1 3 7 Pa g e 2 1 o f 1 3 7 Pa g e 2 2 o f 1 3 7 Pa g e 2 3 o f 1 3 7 Pa g e 2 4 o f 1 3 7 Pa g e 2 5 o f 1 3 7 Pa g e 2 6 o f 1 3 7 Pa g e 2 7 o f 1 3 7 Pa g e 2 8 o f 1 3 7 Pa g e 2 9 o f 1 3 7 Pa g e 3 0 o f 1 3 7 P R O C L A M A T I O N WHEREAS, towards the end of the Constitutional Convention in 1787, George Mason, a delegate from Virginia, proposed adding a bill of rights which, he argued, would give “great quite to the people; and WHEREAS, the Constitution was signed by 39 delegates on September 17, 1787, at the Pennsylvania State House, known as Independence Hall. Three delegates were present but refused to sign, in part because of the absence of a bill of rights; WHEREAS, several states ratified the Constitution on the condition that a bill of rights would be added to the Constitution, and many offered suggestions for what to include; and WHEREAS, the American Bill of Rights, drafted by James Madison with inspiration from the Virginia Declaration of Rights and amendments suggested by the states’ ratifying conventions, is made up of the Constitution’s first ten amendments and became law in 1791; WHEREAS, President George Washington stated, upon the adoption of the Bill of Rights, “they have given the rights of man a full and fair discussion, and explained them in so clear and forcible manner as cannot fail to make a lasting impression.”; and WHEREAS, the Bill of Rights built on the original foundation of the Constitution, protecting our most cherished American freedoms, the freedom of speech, religion, and the press; the right to bear arms; the quartering of soldiers; due process of law; protection of rights to life, liberty, and property; rights of accused persons in criminal cases; rights in civil cases; banning excessive bails, fines, and punishments; and WHEREAS, the Bill of Rights has served to protect and expand liberty for every American and freedoms enshrined in the Bill of Rights are the cherished foundation of our free society, governed by the rule of law; NOW, THEREFOR, BE IT PROCLAIMED THAT, I Othoniel Sierra, Mayor of the City of Englewood, Colorado (“the City”) and the City Council, hereby proclaim: December 15, 2023 as Bill of Rights Day and encourage all Englewood residents to celebrate the fundamental American freedoms enshrined in the first ten amendments to the Constitution GIVEN under my hand and seal this ___ day of November, 2023 ___________________________ Othoniel Sierra, Mayor Page 31 of 137 From:Kathleen B To:City Clerk Cc:Stephanie Carlile Subject:City Clerk I am submitting My 12/04/23 5 minute Public Statement along with attachments, for the City Council Meeting Agenda as PDF under my name as Scheduled public speaker. Thank you! Date:Wednesday, November 29, 2023 2:06:04 PM Attachments:image1.png image0.png USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Good evening City Council, Every single Major Drainage Basin Study has identified the huge South Englewood Drainage Basin as a Major Flood Prone basin that crosses the entire width of our City beginning in Greenwood Village and discharging into the South Platt. And each of those studies have identified the need to significantly increase the current capacity of the 50 year old 2-year rain event capacity pipe system in both the Upstream half and the Downstream half of the South Englewood basin. The South Englewood Basin has experienced a number of flood events, with the most recent significant Major 25 to 50-year rain event flash flooding occurring on 7/24/18 that caused widespread property damage, threatened multiple lives, and tragically claimed a life in the upstream half and resulted in a major collapse of the Oxford pipe and massive sinkhole in the downstream half of the South Englewood Basin. And just this year that basin was hit with what the MHFD and other Agencies identified as a 10- year rain event that still caused minor flooding of homes in the upstream half and caused a sinkhole in the downstream half. A 10-year rain event is not classified as a Major Rain Event. Our City’s Current 2020 Hazen and Sawyer Storm Water Master Plan has the entire South Englewood Basin main trunk line stormwater pipe system identified as S1, S2 and listed as Priority 1 and Priority 2 for the Downstream half of the South Englewood Basin, and S3 as Priority 4 for the upstream half of the South Englewood Basin for increasing the existing capacity of the storm water pipe system from 2-year rain event capacity to 25-year rain event capacity to have been completed by 2024. However under this CM, 5 years after the deadly flood and while continuing to seek and get Storm Water Rate increases that were planned for and intended to support a $30 million Storm Water Infrastructure Bond that CM Lewis then chose not to pursue, and instead at the end of 2023 we are only now scheduled to begin the huge 25-year rain event Detention Structure that will finally address the downstream half of the South Englewood Basin (S1 and S2) starting in 2024. To date, CM, Staff, and City Council have only completed Priority #3 East Hampden Avenue and S. Clarkson Street, from the 2020 Hazen and Sawyer Master Plan Priority List. And as of today CM, Staff, and Council have no plans to invest in replacing the main trunk line 2- year rain event capacity pipe in S3 with 25-year rain event capacity main trunk line pipe in the Page 32 of 137 upstream half of the South Englewood Basin where property devastation and deadly tragedy occurred in 2018, and resident property damage occurred in 2023. They plan on just ignoring it and skipping straight to the Northeast storm water system. And I want to know why. The latest excellent two year study completed September 2022, with the MHFD and Dewberry Major Drainageway Plan study and Report blew the 25-year rain event protection claims made by CM Lewis and Tim Hoos based on their 3 week long Ulteig Study clear out of the water. To support my concerns: 1) Attached below From the City 25-year rain event flood Map - showing 2, 3, and 4 foot floodig where do to surface topography, the free surface draining water gets channeled into a flash flood in the areas between Broadway and Bannock and Tufts and Union. 2) And attached below the 2022 MHFD/Dewberry identified current rain event capacity of the main trunk line Pipes in Upstream half of the South Englewood Basin. Page 33 of 137 3) And attached below is our current 2020 Hazen and Sawyer Storm Water Master Plan list of their identified top 5 priorities (of which only the Hamden/S Clarkson project has been completed . I ask this new City Council to please PRIORITIZE AND COMPLETE 2020 Hazen and Sawyer Storm Water Master Plan PRIORITY 4 - S3. Thank you for 5 minutes of your time. Kathleen Bailey. Sent from my iPhone Page 34 of 137 From:Stephanie Carlile To:Sara Harkness Subject:FW: Date:Wednesday, November 29, 2023 3:56:58 PM Attachments:image0.pngimage001.png Stephanie Carlile, MMC City ClerkCity of Englewood | City Clerk’s Office 1000 Englewood Parkway Englewood, CO 80110 scarlile@englewoodco.gov | o: 303-762-2405 c: 303-762-2430 Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: Kathleen B <kbecology@hotmail.com> Sent: Wednesday, November 29, 2023 2:29 PM To: Stephanie Carlile <scarlile@Englewoodco.gov> Subject: Re: USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate.  Sent from my iPhone On Nov 29, 2023, at 2:26 PM, Kathleen B <kbecology@hotmail.com> wrote:  Hi again Stephanie, This was the intended 3rd attachment. If it can be successfully added great. If not I fully understand! Thank you Stephanie. Kathleen Sent from my iPhone Page 35 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Devin Keener, Tim Hoos DEPARTMENT: Public Works DATE: December 4, 2023 SUBJECT: South Englewood Basin 2nd IGA amendment DESCRIPTION: South Englewood Basin IGA amendment RECOMMENDATION: Staff recommends City Council approve a second amendment to an Intergovernmental Agreement (IGA) between the Mile High Flood District (MHFD) and the City of Englewood for the design, right-of-way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin in the amount of $500,000.00 to access matching funds in the amount of $500,000.00 provided by MHFD. PREVIOUS COUNCIL ACTION: CB #03 (January 4, 2022) Council approval of a Council Bill regarding an Intergovernmental Agreement between Mile High Flood District (MHFD) and the City of Englewood for the design, right-of-way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin in the amount of $825,000.00 to access matching funds in the amount of $825,000.00 provided by MHFD. CB#76 (December 12, 2022) Council approval of a Council Bill regarding an amendment to the Intergovernmental Agreement between Mile High Flood District (MHFD) and the City of Englewood for the design, right-of-way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin in the amount of $500,000.00 to access matching funds in the amount of $500,000.00 provided by MHFD. SUMMARY: The proposed IGA amendment between MHFD and the City of Englewood would add a total of $1M to the original IGA and Amendment #1 amount of $2.65M for the design and construction of drainage and flood control facilities in the South Englewood Basin. A specific project location has not yet been selected. Final project selection will be based on the results of the City’s Major Drainageway Plan once it has been completed in 2023. The planning, design and construction of this work will be managed by MHFD on Englewood's behalf if a project not already being managed by the City of Englewood is selected. City staff will provide project oversight and guidance. Page 36 of 137 ANALYSIS: MHFD and the City are currently in the process of completing a citywide MDP & Flood Hazard Area Delineation (FHAD) for all local drainage basins that originate within city limits. The Citywide MDP is the drainageway master plan document that MHFD uses to prioritize and allocate funding for storm drainage improvement projects to the City of Englewood. Having an updated document not only provides more detailed information and prioritization of future storm drainage projects but also makes the City of Englewood eligible for MHFD funding for the improvements recommended in the report. The baseline hydrology report which updated anticipated stormwater flows in all basins in the City has been completed and the alternatives analysis process is now starting which will identify an appropriate priority project for this IGA funding. The South Englewood Basin has been identified as the highest priority basin in the Stormwater Master Plan and other studies undertaken by the City of Englewood. While the South Englewood Flood Reduction Project (also known as S1 and S2) and the South Acoma Drainage Improvement Project (also known as S3 and S4) are currently underway in varying phases of design and/or construction, the alternatives analysis may identify other improvements that may also be needed to address flooding in this area. The Citywide MDP will allow the City to make informed decisions regarding future drainage improvements in the South Englewood Basin and throughout the City, and this IGA will allow the City of Englewood and MHFD to share costs for drainage and flood control improvements at a reduced cost to the City and at a much faster rate than otherwise anticipated. This funding can be used for any project recommended by the Citywide MDP in the South Englewood Basin. If an appropriate project is not identified in the South Englewood Basin or does not require the entire allocated amount, these funds can be reallocated to another drainage improvement project in another drainage basin within the City of Englewood. COUNCIL ACTION REQUESTED: Staff recommends City Council approve an Ordinance for an amendment to the IGA with MHFD to obtain an additional $500,000.00 in matching funds for design, right-of-way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin. FINANCIAL IMPLICATIONS: The total funding for this IGA amendment is $1,000,000.00 for design and construction of the drainage and flood control improvements. Funding Source: Approved IGA Amount IGA Amendment #1 Amount Current Amendment Request Amount Total Revised IGA Amount Mile High Flood District (MHFD) $825,000 $500,000 $500,000 $1,825,000 City of Englewood $825,000 $500,000 $500,000 $1,825,000 Total $1,650,000 $1,000,000 $1,000,000 $3,650,000 The City of Englewood portion of the cost is proposed to be funded from the Storm Drainage Fund, Fund 42, G/L Account Number 42-1607-61201, Other Improvements, which has sufficient budget to pay for the City’s share of the cost as shown on the attached Contract Approval Summary document. Page 37 of 137 CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Safety A city that protects its people, infrastructure and built environment.  Build, maintain, replace, and fund a quality storm drainage system  Provide community resiliency against human-made and natural disasters Strategic Outcome: Sustainability A city that protects its natural environment  Stormwater quality  Consider long-term sustainability in infrastructure OUTREACH/COMMUNICATIONS: MHFD and the City will jointly conduct public outreach as necessary during design and construction of the selected project. ATTACHMENTS: Presentation CB #70 - First Amended IGA with MHFD re South Englewood Basin- VM Intergovernmental Agreement Amendment #2 Contract Approval Summary Intergovernmental Agreement Amendment #1 Original Intergovernmental Agreement Page 38 of 137 Approval of a 2nd amendment to the Intergovernmental Agreement (IGA) with the Mile High Flood District (MHFD) for the Design, Right-of-Way Acquisition, and Construction of Drainage and Flood Control Facilities in the South Englewood Basin Presented By: Tim Hoos –Deputy Director of Public Works –Engineering and Asset Management Pa g e 3 9 o f 1 3 7 Purpose of the IGA •Provide matching funds for the design and construction of drainage and flood control facilities in the South Englewood Basin or other priority areas in Englewood •Project will be selected from the priorities recommended in the Citywide Major Drainageway Plan (MDP) currently being developed with Mile High Flood District •The South Englewood Basin is expected to be the highest priority area identified in the MDP update Pa g e 4 0 o f 1 3 7 Location South Englewood Basin Pa g e 4 1 o f 1 3 7 •Funding for this project: •Funding for the city’s portion is available in the Stormwater Fund G/L account number 42-1607-61201 Other Improvements. Project Funding Pa g e 4 2 o f 1 3 7 Summary •Staff recommends City Council approve a Bill for an Ordinance to enter into a 2nd amendment to the Intergovernmental Agreement with the Mile High Flood District (MHFD) to obtain an additional $500,000.00 in matching funds for design, right-of-way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin. Pa g e 4 3 o f 1 3 7 Questions? Pa g e 4 4 o f 1 3 7 1 BY AUTHORITY ORDINANCE NO. _ ` COUNCIL BILL NO.70 SERIES OF 2023 INTRODUCED BY __ A BILL FOR ORDINANCE APPROVING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the Urban Drainage and Flood Control District d/b/a Mile High Flood District (“District”) and the City of Englewood (“City”) entered into an “Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin” (Agreement No. 21-10.08) dated March 2, 2022, (“AGREEMENT”) which was approved by City Council as Ordinance No. 4, Series of 2022; and WHEREAS, the District and the City now desire to fund the final design, right- of-way, and construction of drainage and flood control improvements for South Englewood Basin (“Project”); and WHEREAS, the District and the City desire to increase the level of funding by $500,000 each; and WHEREAS, the District’s Board of Directors has authorized additional District financial participation for the Project (Resolution No. 77, Series of 2023); and WHEREAS, the Parties desire to enter into a Second Amendment to the Agreement memorializing the financial participation of the parties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Second Amendment to an Intergovernmental Agreement Regarding Final Design, Right- of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin (Agreement No. 21-10.08)" Project No. 108702, between the Urban Drainage and Flood Control District and the City of Englewood, in the form substantially the same as that attached hereto. Page 45 of 137 2 Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is Page 46 of 137 3 further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 47 of 137 21-10.08B 1 SECOND AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN CITY OF ENGLEWOOD Agreement No. 21-10.08 Project No. 108702 THIS SECOND AMENDMENT TO AGREEMENT (hereinafter called "SECOND AMENDMENT"), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin" (Agreement No. 21-10.08) dated March 2, 2022, as amended (hereinafter called "AGREEMENT"); and WHEREAS, PARTIES now desire to fund final design, right of way, and construction of drainage and flood control improvements for South Englewood Basin (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to increase the level of funding by $500,000; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. 77, Series of 2023); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this AGREEMENT, PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/ easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $3,650,000 without amendment to this AGREEMENT. PROJECT costs for the various elements of the effort are estimated as follows: Page 48 of 137 21-10.08B 2 ITEM AS AMENDED PREVIOUSLY AMENDED 1. Final Design $ 1,000,000 $ 1,000,000 2. Right-of-way $ -0- $ -0- 3. Construction $ 2,650,000 $ 1,650,000 4. Contingency $ $ -0- Grand Total $ 3,650,000 $ 2,650,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this AGREEMENT provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Share Previously Contributed Additional Contribution Maximum Contribution DISTRICT 50% $1,325,000 $500,000 1,825,000 CITY 50% $1,325,000 $500,000 1,825,000 TOTAL 100.00% $2,650,000 $1,000,000 3,650,000 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior DISTRICT approval. Payment of each PARTY's full share (CITY - $1,825,000; DISTRICT - $1,825,000) shall be made to DISTRICT subsequent to execution of this AGREEMENT and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Page 49 of 137 21-10.08B 3 Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 3. All other terms and conditions of this AGREEMENT shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this SECOND AMENDMENT to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date Page 50 of 137 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 11/20/2023 Amendment Amount End Date 11/20/2024 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Na Contact Ad Phone Email Denver CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Procurement Justification of Contract Work/Services CONTRACT APPROVAL SUMMARY Mile High Flood District (MHFD) 2480 W. 26th Ave. Suite 156 B IGA-Intergovernmental Agreement IGA Agreement $ 1,325,000.00 303-913-8696Devin Keener dkeener@englewoodco.govCapital Projects Engineer Renewal options available NA Jon Villines The City will pay Vendor for the work in accordance with the following payment schedule. This schedule will include monthly payments. Monthly payments will be made upon work completed and the approval of the invoice. $ 500,000.00 $ 1,825,000.00 This IGA between the City and the Mile-High Flood District serves to fund the final design and construction of proposed storm water improvements in the S Englewood Basin. N/A 80211 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 303-455-6277 jvillines@mhfd.org Page 51 of 137 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements 42 1607 61201 S Englewood Basin IGA 21,675,000.00$ 500,000.00$ 21,175,000.00$ C 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements 42 1607 61201 Dry Gulch IGA -$ -$ 375,000.00$ 20,800,000.00$ Total Current Year Total 21,675,000.00$ -$ 875,000.00$ 20,800,000.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 21,675,000.00$ -$ 875,000.00$ 20,800,000.00$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: NOTES/COMMENTS (if needed): The 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements has committed $7,483,520.09 out of the $21,675,000.00 2024 budget for the South Englewood Flood Reduction Project. For Capital Items, please review Prior Month's Project Status and Fund Balance Report For Operating Line Item Detail, please review information provided in Tyler New World Storm Drainage Fund - Other Improvements Storm Drainage Fund - Other Improvements General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 52 of 137 21-10.08A 1 FIRST AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN CITY OF ENGLEWOOD Agreement No. 21-10.08 Project No. 108702 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT"), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for South Englewood Basin" (Agreement No. 21-10.08) dated March 2, 2022, (hereinafter called "AGREEMENT"); and WHEREAS, PARTIES now desire to fund final design, right of way, and construction of drainage and flood control improvements for South Englewood Basin (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to increase the level of funding by $1,000,000; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. 88, Series of 2022); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this AGREEMENT, PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/ easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $2,650,000 without amendment to this AGREEMENT. PROJECT costs for the various elements of the effort are estimated as follows: DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 53 of 137 21-10.08A 2 ITEM AS AMENDED ORIGINAL 1. Final Design $ 1,000,000 $ 200,000 2. Right-of-way $ -0- $ -0- 3. Construction $ 1,650,000 $ 1,450,000 4. Contingency $ -0- $ -0- Grand Total $ 2,650,000 $ 1,650,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this AGREEMENT provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Share Previously Contributed Additional Contribution Maximum Contribution DISTRICT 50% $825,000 $500,000 $1,325,000 CITY 50% $825,000 $500,000 $1,325,000 TOTAL 100.00% $1,650,000 $1,000,000 $2,650,000 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior DISTRICT approval. Payment of each PARTY's full share (CITY - $1,325,000; DISTRICT - $1,325,000) shall be made to DISTRICT subsequent to execution of this AGREEMENT and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 54 of 137 21-10.08A 3 of such monies, which shares shall be computed as were the original shares; or at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 3. All other terms and conditions of this AGREEMENT shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this FIRST AMENDMENT to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD 1/11/2023 Mayor - City of Englewood Othoniel Sierra 1/13/2023 Page 55 of 137 06/21 21-10.08 1 AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN CITY OF ENGLEWOOD Agreement No. 21-10-08 Project No. 108702 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES are cooperating in the ongoing preparation of "City of Englewood Major Drainageway Plan " by Dewberry Engineers (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with the design, right-of-way acquisition and construction of drainage and flood control improvements for South Englewood Basin, City of Englewood (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 67, Series of 2020) for drainage and flood control facilities in which PROJECT was included in the 2021 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2021 subsequent to public hearing (Resolution No. 64, Series of 2020) which includes funds for PROJECT; and WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No.69, Series of 2021 and Resolution No. 97, Series of 2021); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT A. Final Design. PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN. Specifically, the final design of facilities shall extend at the South Englewood Basin from approximately Santa Fe Road to Clarkson, as shown on Exhibit A.        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 56 of 137 06/21 21-10.08 2 B. Right-of-Way Delineation and Acquisition. Right-of-way for the improvements as set forth in the final design and an estimate of costs for acquisition shall be determined. Maps, parcel descriptions, and parcel plats shall also be prepared. C. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design and vegetation establishment. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $1,650,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Final Design $ 200,000 2. Right-of-way $ -0- 3. Construction $ 1,450,000 4. Contingency $ -0- Grand Total $ 1,650,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest, if applicable. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 50% $ 825,000 CITY 50% $ 825,000 TOTAL 100.00% $1,650,000        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 57 of 137 06/21 21-10.08 3 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (CITY - $825,000; DISTRICT - $825,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 6. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subject to approval of the contracting officer for CITY. Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above. Final design services shall consist of, but not be limited to, the following: A. Preparation of a work plan schedule identifying the timing of major elements in the design; B. Delineation of required right-of-way/easements; C. Preparation of detailed construction plans and specifications; D. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications; E. Preparation of an appropriate construction schedule. DISTRICT shall provide any written work product by the engineer to CITY. 7. RIGHT-OF-WAY CITY, with DISTRICT assistance, shall be responsible for acquiring, subject to approval of DISTRICT, such land or interests in land needed to implement construction of the drainage and flood control improvements as defined herein. The cost to be shared by PARTIES for right-of-way acquisition may include relocation costs of existing occupants. Appraisal costs and costs associated with condemnation (including outside legal costs) will also be considered a PROJECT        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 58 of 137 06/21 21-10.08 4 cost. Right-of-way acquisition by negotiation and / or the exercise of eminent domain shall be in full compliance with the laws of the State of Colorado. In addition, the right-of-way acquired shall be in the name of CITY and the conveyancing document shall be promptly recorded in the records of the Clerk and Recorder of CITY. DISTRICT shall serve as the paying agency. A. Coordination of Right-of-Way Acquisition. Cost sharing by PARTIES will be based on supporting documentation such as formal appraisals, reasonable relocation cost settlements, legal description of the property, and other information deemed appropriate to the acquisition. Furthermore, cost sharing will be only for the properties, or portions thereof, approved by PARTIES to be needed for the drainage and flood control portions of PROJECT. Request for such approval shall include appraisals of property, legal description of the property, and other information deemed appropriate to the acquisition by PARTIES to this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of DISTRICT, and such purchases shall be made with PROJECT funds. B. Payment for Right-of-Way Acquisition. Following purchase or receipt of executed memorandum of agreement between CITY and property owner for the needed right-of-way that commits the property owner to sell property to CITY at a price certain and on a date certain, CITY shall so advise DISTRICT and request payment as provided above. DISTRICT shall make payment within 30 days of receipt of request accompanied by the information set forth above. C. Ownership of Property and Limitation of Use. PARTIES acknowledge that CITY owns the property on which PROJECT is constructed either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that shall diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties to diminish or preclude its use for drainage and flood control purposes without approval of DISTRICT, which shall not be unreasonably withheld. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use to diminish or preclude its use for drainage and flood control purposes of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed to diminish or preclude its use for drainage and flood control purposes pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary within their legal authority to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at no expense to DISTRICT.        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 59 of 137 06/21 21-10.08 5 However, CITY shall not be responsible for the actions of third parties that would violate the provisions of this Paragraph who may have legal rights in the property as long as CITY has taken reasonable action to stop those actions. In the event CITY breaches the terms and provisions of this Paragraph 7 and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. DISTRICT may, subsequent to the recording by CITY of any document transferring title or another interest to property acquired pursuant to this Agreement to CITY, record a memorandum of this Agreement (Exhibit B), specifically a verbatim transcript of Paragraph 7.C. Ownership of Property and Limitation of Use except for this sub-paragraph which shall not be contained in the memorandum. The memorandum shall reference by legal description the property being acquired by CITY and shall be recorded in the records of the Clerk and Recorder of Arapahoe County immediately following the recording of the document transferring title or another interest to CITY. CITY authorizes the recording of that memorandum and acknowledges that the same is meant to encumber the property with its restrictions. 8. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment 1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY upon request. 4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of all inspection reports shall be furnished to CITY on a weekly basis upon request. DISTRICT shall retain an engineer to perform all or a part of these duties. 5. DISTRICT, with concurrence of CITY, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 60 of 137 06/21 21-10.08 6 preparation; survey control points; explanatory sketches; revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection. 6. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 7. DISTRICT shall review and approve contractor billings. DISTRICT shall remit payment to contractor based on billings. 8. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or work orders to the contract documents. 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10. DISTRICT shall provide CITY a set of reproducible "as-built" plans. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, including interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 9. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 10. FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of South Englewood Basin within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that CITY cannot obligate itself by contract to exercise its police powers. If CITY fails to regulate the floodplain of South Englewood Basin within CITY        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 61 of 137 06/21 21-10.08 7 in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and CITY shall cooperate fully. 11. TERM OF AGREEMENT The term of this Agreement shall commence upon the earlier of the date of final execution by all PARTIES and shall terminate three (3) years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULATION, Paragraph 7.C. Ownership of Property and Limitation of Use, and Paragraph 9. MAINTENANCE, which shall run in perpetuity. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for CITY shall be Capitol Projects Administrator, 1000 Englewood Parkway, Englewood, Colorado 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado, 80211. C. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with CITY the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from CITY needed to complete PROJECT in a timely manner. CITY agrees to review all concept plans, preliminary design plans, and final plans and specifications; and to provide comments within 21 calendar days after the drafts have been provided by DISTRICT to CITY. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 62 of 137 06/21 21-10.08 8 clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the CITY where PROJECT is located. 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate. 23. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT.        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 63 of 137 06/21 21-10.08 9 25. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 26. WORKER WITHOUT AUTHORIZATION PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of worker without authorizations in compliance with §8- 17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: A. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement. B. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5-101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. C. CONTRACTOR shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. D. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that fails to certify to CONTRACTOR that it shall not knowingly employ or contact with a worker without authorization to perform work under this Agreement. E. CONTRACTOR shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E- Verify Program. F. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while performing its obligation under this Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal requirements related to use of the E-Verify Program including, by way of example, all program requirements related to employee notification and preservation of employee rights. G. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontractor performing work under this Agreement knowingly employs or contract with a worker without authorization, it will notify such subconsultant or subcontractor and PARTIES within three (3) days. CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three (3) days after such notice the subconsultant or subcontractor does not stop employing or contracting with the worker without authorization, unless during such three (3) day period the subconsultant or subcontractor provides information to        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 64 of 137 06/21 21-10.08 10 establish that the subconsultant or subcontractor has not knowingly employed or contracted with a worker without authorization. H. CONTRACTOR shall comply with any reasonable request made in the course of an investigation by the Colorado Department of Labor and Employment under authority of § 8- 17.5-102(5), C.R.S. I. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, affirms that it has examined the legal work status of such employees, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES. 27. GOVERNMENTAL IMMUNITIES PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 28. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and responsibilities of the CITY, the DISTRICT or any other entity not a party hereto. 29. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below.        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 65 of 137 06/21 21-10.08 11 ___________ Checked By URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By Name Laura Kroeger Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date              DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 02 March 2022 Page 66 of 137 AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN CITY OF ENGLEWOOD Agreement No. 21-10-08 Exhibit A        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 67 of 137        DocuSign Envelope ID: 301DF085-1A71-4AA0-81D0-9E299BE43724 Page 68 of 137 Certificate Of Completion Envelope Id: 301DF0851A714AA081D09E299BE43724 Status: Completed Subject: South Englewood Basin CIP IGA Source Envelope: Document Pages: 13 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 1 Jon Villines AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 2480 W 26th Avenue 156-B Denver, CO 80211 jvillines@udfcd.org IP Address: 64.207.219.7 Record Tracking Status: Original 3/2/2022 8:30:41 AM Holder: Jon Villines jvillines@udfcd.org Location: DocuSign Signer Events Signature Timestamp David J. Skuodas dskuodas@udfcd.org Watershed Manager Tezak Heavy Equipment, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.127.202.110 Sent: 3/2/2022 8:32:32 AM Viewed: 3/2/2022 8:56:16 AM Signed: 3/2/2022 8:56:55 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Laura Kroeger lkroeger@mhfd.org Stream Services, Program Manager Urban Drainage and Flood Control District Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.247.156.39 Signed using mobile Sent: 3/2/2022 8:56:57 AM Viewed: 3/2/2022 2:32:16 PM Signed: 3/2/2022 2:34:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carrie Evenson CEvenson@englewoodco.gov Security Level: Email, Account Authentication (None) Sent: 3/2/2022 2:34:26 PM Viewed: 3/2/2022 2:40:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Page 69 of 137 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/2/2022 8:32:32 AM Certified Delivered Security Checked 3/2/2022 2:32:16 PM Signing Complete Security Checked 3/2/2022 2:34:24 PM Completed Security Checked 3/2/2022 2:34:26 PM Payment Events Status Timestamps Page 70 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Devin Keener, Tim Hoos DEPARTMENT: Public Works DATE: December 4, 2023 SUBJECT: Dry Gulch IGA Amendment DESCRIPTION: Dry Gulch IGA Amendment RECOMMENDATION: Staff recommends that the City Council approve a bill for an ordinance authorizing an amendment to the Intergovernmental Agreement (IGA) between the Mile High Flood District (MHFD) and the City of Englewood to increase funding for the final design and construction of flood control improvements along Dry Gulch between Yale Avenue and University Boulevard. PREVIOUS COUNCIL ACTION: Council approved CB#75 on December 12, 2022, authorizing an IGA with MHFD for the design and construction of drainage and flood control improvements along Dry Gulch from Yale Avenue to University Boulevard. SUMMARY: The MHFD, in conjunction with the City, created a master plan entitled "Harvard Gulch and Dry Gulch Major Drainageway Plan" in 2016 which suggested drainage improvements to be constructed on Dry Gulch in Englewood that would remove 141 homes from the 100 year floodplain. The City and MHFD now desire to proceed with the prioritization and design of the flood control improvements recommended in the master plan within Englewood City Limits from Yale Avenue to University Boulevard. The City's original contributory share towards the initial phase of the project was 50% for a total of $275,000. Funds are available in the Storm Water Drainage Fund for these expenditures. The project design is scheduled to be completed by the end of 2023. Now that design is nearing completion, the City desires to contribute 50% towards final design and construction for an additional total of $375,000. This first phase would be an assessment of the entire reach of Dry Gulch within Englewood city limits and the master plan document to determine the appropriate alternative(s) to carry forward to final design, along with any needed phasing plan for implementing future phases. This could include a benefit-cost analysis or a more qualitative assessment to scope the most appropriate project to begin with. The master plan document is expected to be recent enough that reevaluating hydrology and modeling is not necessary, although that is a possibility that could potentially save overall construction cost and will be evaluated as part of this initial work. Page 71 of 137 ANALYSIS: Dry Gulch within the City of Englewood is an approximately 9,825-foot long network of underground storm sewer pipes ranging in size from 48 to 66 inch diameter. The natural channel generally does not exist except for pockets of open channel in Clarkson Park, Emerson Park, Barde Park and Packy Romans Park. Existing storm sewer pipes are generally sized for the 2-year storm. Larger floods flow overland with the majority of the overflow generally following the alignment of existing streets, parks and drainage easements. There are currently 141 residential structures in the 100-year floodplain of Dry Gulch within Englewood. The least costly alternative avoids acquisitions by constructing all improvements within the existing right-of-way. Proposed improvements in the master plan include 100-year capacity storm drain conduits to convey the 100-year peak flow safely underground through Englewood from the crossing at University Boulevard & E. Floyd Avenue to the crossing at E. Yale Avenue. Stormwater detention in Wellshire Golf Course could reduce flow into the system. In addition, the Packy Romans Park detention could be expanded to help reduce the size of the conveyance pipe required through Englewood. Both options will be further evaluated for feasibility during this first phase of the work to minimize the size of conduits necessary to convey the peak flows. Proposed improvements include a 100-year capacity storm drain to safely convey the 100-year peak flow shown in the following options below: • Twin cell 8’x5’ CBC, 4,411 LF • Single cell 13’x5’ CBC, 1,274 LF • 66” pipe, 1,699 LF • 72” pipe, 951 LF • Upsize the existing open channel through Barde Park The funding of this IGA will determine the most appropriate and cost effective option to create final design plans for the highest priority segment(s). COUNCIL ACTION REQUESTED: Staff recommends that the City Council approve a bill for an ordinance authorizing an Intergovernmental Agreement (IGA) between the MHFD and the City of Englewood to fund the final design of flood and drainage control improvements along Dry Gulch. FINANCIAL IMPLICATIONS: The City of Englewood and MHFD each contributed 50% in matching contributions to fund the final design of flood and drainage control improvements along Dry Gulch in January of 2023 as part of the original IGA. This amendment to the original IGA will add an additional $750,000 for construction, split evenly between MHFD and the City of Englewood. Page 72 of 137 Original IGA Contribution Current IGA Contribution Total Contribution MHFD $275,000 $375,000 $650,000 City of Englewood $275,000 $375,000 $650,000 Total $550,000 $750,000 $1,300,000 Englewood's share of the project is $375,000 and will be funded from the Storm Water Drainage Fund. There is adequate funding available in Storm Water Drainage Fund account 42-1607- 61201 - Other Improvements for the city's contribution as shown on the attached Contract Approval Summary document. CONNECTION TO STRATEGIC PLAN: Outcome Area: Infrastructure A city that proactively and in a cost-effective manner invests in, maintains, improves, and plans to protect its infrastructure. OUTREACH/COMMUNICATIONS: Details of this project will be added to the city's website. No specific public outreach is planned for this initial phase of the feasibility and design work. ATTACHMENTS: Presentation CB #68- First Amended IGA with MHFD re Dry Gulch - VM Amendment #1 IGA with MHFD re: Dry Gulch Contract Approval Summary Exhibit A: Dry Gulch Location Original Dry Gulch MHFD IGA Page 73 of 137 Approval of an amendment to the Intergovernmental Agreement (IGA) with the Mile High Flood District (MHFD) for the Design and Construction of Drainage and Flood Control Improvements along Dry Gulch between Yale Avenue and University Boulevard. Presented By: Tim Hoos –Deputy Director of Public Works –Engineering and Asset Management Pa g e 7 4 o f 1 3 7 Purpose of the IGA Amendment •Provide additional matching funds for the design and construction of drainage and flood control improvements along Dry Gulch. •Fund the construction of a combination of the following suggestions. -Twin cell 8’x5’ CBC, 4,411 LF -Single cell 13’x5’ CBC, 1,274 LF -66” pipe, 1,699 LF -72” pipe, 951 LF -Upsize the existing open channel through Barde Park -Increase detention Capacity in Packy Romans Park or Wellshire Golf Course. Pa g e 7 5 o f 1 3 7 Location Dry Gulch: Englewood Reach Dry Gulch: Denver Reach (Does not need to be completed before Englewood advances on construction) Pa g e 7 6 o f 1 3 7 •Funding for this project: •Funding for the city’s portion is available in the Stormwater Fund G/L account number 42-1607-61201 Other Improvements. Project Funding Funding Source Original Amount Amendment #1 Amount Total City of Englewood Contribution $275,000 $375,000 $650,000 Mile High Flood District (MHFD) Contribution $275,000 $375,000 $650,000 Total $550,000 $750,000 $1,300,000 Pa g e 7 7 o f 1 3 7 Summary •Staff recommends City Council approve a Bill for an Ordinance to enter into an amendment to the Intergovernmental Agreement with the Mile High Flood District (MHFD) to obtain an additional $375,000 in matching funds for the design and construction of drainage and flood control improvements along Dry Gulch. Pa g e 7 8 o f 1 3 7 Questions? Pa g e 7 9 o f 1 3 7 22-11.07A 1 FIRST AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD Agreement No. 22-11.07 Project No. 107346 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT"), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into "Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Dry Gulch from Yale Avenue to University Boulevard" (Agreement No. 22-11.07) dated January 13, 2023, (hereinafter called "AGREEMENT"); and WHEREAS, PARTIES now desire to fund the final design, right-of-way, and construction of drainage and flood control improvements for Dry Gulch from Yale Avenue to University Boulevard (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to increase the level of funding by $750,000; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. 76, Series of 2023); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this AGREEMENT, PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/ easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $1,300,000 without amendment to this AGREEMENT. PROJECT costs for the various elements of the effort are estimated as follows: Page 80 of 137 22-11.07A 2 ITEM AS AMENDED ORIGINAL/ 1. Final Design $ 1,300,000 $ 550,000 2. Right-of-way $ -0- $ -0- 3. Construction $ -0- $ -0- 4. Contingency $ -0- $ -0- Grand Total $ 1,300,000 $ 550,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this AGREEMENT provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Share Previously Contributed Additional Contribution Maximum Contribution DISTRICT 50% $275,000 $375,000 $650,000 CITY 50% $275,000 $375,000 $650,000 TOTAL 100.00% $550,000 $750,000 $1,300,000 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior DISTRICT approval. Payment of each PARTY's full share (CITY - $650,000; DISTRICT - $650,000) shall be made to DISTRICT subsequent to execution of this AGREEMENT and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or at CITY Page 81 of 137 22-11.07A 3 request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 3. All other terms and conditions of this AGREEMENT shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this FIRST AMENDMENT to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date Page 82 of 137 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 11/20/2023 Amendment Amount End Date 11/20/2024 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Na Contact Add Phone Email Denver CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Procurement Justification of Contract Work/Services CONTRACT APPROVAL SUMMARY Mile High Flood District (MHFD) 2480 W. 26th Ave. Suite 156 B IGA-Intergovernmental Agreement IGA Agreement $ 275,000.00 303-913-8696Devin Keener dkeener@englewoodco.govCapital Projects Engineer Renewal options available NA Jon Villines The City will pay Vendor for the work in accordance with the following payment schedule. This schedule will include monthly payments. Monthly payments will be made upon work completed and the approval of the invoice. $ 375,000.00 $ 650,000.00 This IGA between the City and the Mile-High Flood District serves to fund the final design and construction of proposed storm water improvements along Dry Gulch. N/A 80211 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 303-455-6277 jvillines@mhfd.org Page 83 of 137 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements 42 1607 61201 S Englewood Basin IGA 21,675,000.00$ 500,000.00$ 21,175,000.00$ C 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements 42 1607 61201 Dry Gulch IGA -$ -$ 375,000.00$ 20,800,000.00$ Total Current Year Total 21,675,000.00$ -$ 875,000.00$ 20,800,000.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 21,675,000.00$ -$ 875,000.00$ 20,800,000.00$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: NOTES/COMMENTS (if needed): The 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements has committed $7,483,520.09 out of the $21,675,000.00 2024 budget for the South Englewood Flood Reduction Project. For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Storm Drainage Fund - Other Improvements Storm Drainage Fund - Other Improvements General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 84 of 137 AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD CITY OF ENGLEWOOD Agreement No. 21-09.05 Project No. 107346 Exhibit A Page 85 of 137 22-11.07 1 AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD Agreement No. 22-11.07 Project No. 107346 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES participated in a joint planning study titled "Harvard Gulch and Dry Gulch Major Drainageway Plan" by Matrix Design Group, dated December 2016 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with the design, right-of-way acquisition and construction of drainage and flood control improvements for Dry Gulch from Yale Avenue to University Boulevard (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 79, Series of 2021) for drainage and flood control facilities in which PROJECT was included in the 2022 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2022 subsequent to public hearing (Resolution No. 76, Series of 2021) which includes funds for PROJECT; and WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No. 86, Series of 2022); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT A. Final Design. PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN. Specifically, the final design of facilities shall extend from approximately Yale Avenue to University Boulevard, as shown on Exhibit A. DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 86 of 137 22-11.07 2 B. Right-of-Way Delineation and Acquisition. Right-of-way for the improvements as set forth in the final design and an estimate of costs for acquisition shall be determined. Maps, parcel descriptions, and parcel plats shall also be prepared. C. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design and vegetation establishment. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $550,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Final Design $ 550,000 2. Right-of-way $ -0- 3. Construction $ -0- 4. Contingency $ -0- Grand Total $ 550,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest, if applicable. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 50% $275,000 CITY 50% $275,000 TOTAL 100.00% $550,000 DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 87 of 137 22-11.07 3 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (CITY - $275,000; DISTRICT - $275,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 6. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subject to approval of the contracting officer for CITY. Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above. Final design services shall consist of, but not be limited to, the following: A. Preparation of a work plan schedule identifying the timing of major elements in the design; B. Delineation of required right-of-way/easements; C. Preparation of detailed construction plans and specifications; D. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications; E. Preparation of an appropriate construction schedule. DISTRICT shall provide any written work product by the engineer to CITY. 7. RIGHT-OF-WAY CITY, with DISTRICT assistance, shall be responsible for acquiring, subject to approval of DISTRICT, such land or interests in land needed to implement construction of the drainage and flood control improvements as defined herein. The cost to be shared by PARTIES for right-of-way acquisition may include relocation costs of existing occupants. Appraisal costs and costs associated with condemnation (including outside legal costs) will also be considered a PROJECT DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 88 of 137 22-11.07 4 cost. Right-of-way acquisition by negotiation and / or the exercise of eminent domain shall be in full compliance with the laws of the State of Colorado. In addition, the right-of-way acquired shall be in the name of CITY and the conveyancing document shall be promptly recorded in the records of the Clerk and Recorder of CITY. DISTRICT shall serve as the paying agency. A. Coordination of Right-of-Way Acquisition. Cost sharing by PARTIES will be based on supporting documentation such as formal appraisals, reasonable relocation cost settlements, legal description of the property, and other information deemed appropriate to the acquisition. Furthermore, cost sharing will be only for the properties, or portions thereof, approved by PARTIES to be needed for the drainage and flood control portions of PROJECT. Request for such approval shall include appraisals of property, legal description of the property, and other information deemed appropriate to the acquisition by PARTIES to this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of DISTRICT, and such purchases shall be made with PROJECT funds. B. Payment for Right-of-Way Acquisition. Following purchase or receipt of executed memorandum of agreement between CITY and property owner for the needed right-of-way that commits the property owner to sell property to CITY at a price certain and on a date certain, CITY shall so advise DISTRICT and request payment as provided above. DISTRICT shall make payment within 30 days of receipt of request accompanied by the information set forth above. C. Ownership of Property and Limitation of Use. PARTIES acknowledge that CITY owns the property on which PROJECT is constructed either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that shall diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties to diminish or preclude its use for drainage and flood control purposes without approval of DISTRICT, which shall not be unreasonably withheld. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use to diminish or preclude its use for drainage and flood control purposes of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed to diminish or preclude its use for drainage and flood control purposes pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary within their legal authority to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at no expense to DISTRICT. DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 89 of 137 22-11.07 5 However, CITY shall not be responsible for the actions of third parties that would violate the provisions of this Paragraph who may have legal rights in the property as long as CITY has taken reasonable action to stop those actions. In the event CITY breaches the terms and provisions of this Paragraph 7 and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. DISTRICT may, subsequent to the recording by CITY of any document transferring title or another interest to property acquired pursuant to this Agreement to CITY, record a memorandum of this Agreement (Exhibit B), specifically a verbatim transcript of Paragraph 7.C. Ownership of Property and Limitation of Use except for this sub-paragraph which shall not be contained in the memorandum. The memorandum shall reference by legal description the property being acquired by CITY and shall be recorded in the records of the Clerk and Recorder of Arapahoe County immediately following the recording of the document transferring title or another interest to CITY. CITY authorizes the recording of that memorandum and acknowledges that the same is meant to encumber the property with its restrictions. 8. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment 1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY upon request. 4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of all inspection reports shall be furnished to CITY on a weekly basis upon request. DISTRICT shall retain an engineer to perform all or a part of these duties. 5. DISTRICT, with concurrence of CITY, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 90 of 137 22-11.07 6 preparation; survey control points; explanatory sketches; revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection. 6. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 7. DISTRICT shall review and approve contractor billings. DISTRICT shall remit payment to contractor based on billings. 8. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or work orders to the contract documents. 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10. DISTRICT shall provide CITY a set of reproducible "as-built" plans. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, including interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 9. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 10. FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of South Englewood Basin within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that CITY cannot obligate itself by contract to exercise its police powers. If CITY fails to regulate the floodplain of South Englewood Basin within CITY DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 91 of 137 22-11.07 7 in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and CITY shall cooperate fully. 11. TERM OF AGREEMENT The term of this Agreement shall commence upon the earlier of the date of final execution by all PARTIES and shall terminate three (3) years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULATION, Paragraph 7.C. Ownership of Property and Limitation of Use, and Paragraph 9. MAINTENANCE, which shall run in perpetuity. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for CITY shall be the Mayor, 1000 Englewood Parkway, Englewood, Colorado 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado, 80110. C. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with CITY the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from CITY needed to complete PROJECT in a timely manner. CITY agrees to review all concept plans, preliminary design plans, and final plans and specifications; and to provide comments within 21 calendar days after the drafts have been provided by DISTRICT to CITY. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 92 of 137 22-11.07 8 clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the CITY where PROJECT is located. 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate. 23. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 93 of 137 22-11.07 9 25. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 26. GOVERNMENTAL IMMUNITIES PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 27. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and responsibilities of the CITY, the DISTRICT or any other entity not a party hereto. 28. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 94 of 137 22-11.07 10 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Mayor - City of Englewood 1/11/2023 Othoniel Sierra 1/13/2023 Page 95 of 137 GREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD Agreement No. 22-11.07 Exhibit A DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 96 of 137 DocuSign Envelope ID: 42E7BDBB-1B9A-43E1-BFC9-B589F81B14AD Page 97 of 137 1 BY AUTHORITY ORDINANCE NO. _ ` COUNCIL BILL NO. 68 SERIES OF 2023 INTRODUCED BY __ A BILL FOR ORDINANCE APPROVING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the Urban Drainage and Flood Control District d/b/a Mile High Flood District (“District”) and the City of Englewood (“City”) entered into an “Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Dry Gulch from Yale Avenue to University Boulevard” (Agreement No. 22-11.07) dated January 13, 2023, (“AGREEMENT”) which was approved by City Council as Ordinance No. 4, Series of 2022/2023; and WHEREAS, the District and the City now desire to fund the final design, right- of-way, and construction of drainage and flood control improvements for Dry Gulch from Yale Avenue to University Boulevard (“Project”); and WHEREAS, the District and the City desire to increase the level of funding by $750,000, to be split equally among the parties for an additional City contribution of $375,000; and WHEREAS, the District’s Board of Directors has authorized additional District financial participation for the Project (Resolution No. 76, Series of 2023); and WHEREAS, the Parties desire to enter into a First Amendment to the Agreement memorializing the financial participation of the parties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the First Amendment to an Intergovernmental Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Dry Gulch from Yale Avenue to University Boulevard (Agreement No. 22-11.07), Project No. Page 98 of 137 2 107346, between the Urban Drainage and Flood Control District and the City of Englewood, in the form substantially the same as that attached hereto. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of Page 99 of 137 3 such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 100 of 137 COUNCIL COMMUNICATION TO:Mayor and Council FROM:Karen Montanez DEPARTMENT:Community Development DATE:December 4, 2023 SUBJECT:Motion to Approve Contract with AEC-West DESCRIPTION: Annual contract with AEC-West for supplemental plan review and inspections RECOMMENDATION: Staff recommends the approval of the proposed Professional Services Agreement with AEC- West Consultants, Inc. for building plan review and inspection services, when needed. PREVIOUS COUNCIL ACTION: City council approved Profession Services Agreement (PSA) 21-96 in November 2022. SUMMARY: The building division utilizes a third-party consultant, the incumbent is AEC-West Consultants, to review large projects such as the Swedish Hospital addition and new multi-story projects such as the Emerson apartment project. The building division utilizes inspection services provided by AEC-West when City of Englewood inspectors are on leave and inspections cannot be covered by remaining staff. ANALYSIS: The building division has utilized these professional services for several years on an as-needed basis. AEC-West has the required qualifications and provides timely response, competitive pricing and has knowledge of the city's policies and procedures. PSA21-96 provided for three renewal options. The building division is proposing to exercise the renewal option for calendar year 2024. COUNCIL ACTION REQUESTED: Staff requests city council approve PSA21-96 by motion. FINANCIAL IMPLICATIONS: The Professional Services Agreement, not to exceed $130,000, is for one year. The $130,000 is included in the Community Development 2024 professional services budget. The building division anticipates an expenditure of approximately $115,000 with the remaining $15,000 allocated for unexpected projects and unanticipated or emergency staff leave needs. CONNECTION TO STRATEGIC PLAN: Page 101 of 137 The utilization of a third-party consultant for as-needed plan review and inspections ensures the building division continues to provide effective and efficient services to the community as part of the city's commitment to good governance. ATTACHMENTS: Contract Approval Summary Professional Services Agreement 21-96 Page 102 of 137 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 1/1/2024 Amendment Amount End Date 12/31/2024 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Name Contact Address Phone Email Denver CO City State Zip Code   Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services CONTRACT APPROVAL SUMMARY AEC‐West Consultants, Inc. 4605 Quebec Street, Unit B8 PSA‐Professional Services Agreement PSA 21‐96 Renewal Agreement 2  $        130,000   $                    ‐     $        130,000  x2355Karen Montanez kmontanez@englewoodco.govChief Building Official Renewal options available 2 Provide supplemental building plan reviews and inspection services. The city is in need of building plan review and inspection services to supplement city staff plan review and inspection services.  The city continues to have  a high need to provide timely review of building plans and inspections for conformance with adopted codes.  The need currently exceeds the capacity of  city staff to meet service desires and is expected to continue. 80216 Payment or Revenue terms (please describe terms or  attached schedule if based on  deliverables) 303.377.6963 x106 james@AEC‐West.com James Horne Payment will be made within 30 days of receipt of invoice. Page 103 of 137 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY ABC1=A‐B‐C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task # Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining O 2024 02 0801 54201 Professional Services  Agreement ‐ AEC West  Consultants 190,000$           ‐$                   130,000$          60,000$              O ‐$                    ‐$                    ‐$                    ‐$                    O ‐$                    ‐$                    ‐$                    ‐$                    Total Current Year 190,000$           ‐$                   130,000$          60,000$              C ‐$                    ‐$                    ‐$                    ‐$                    C ‐$                    ‐$                    ‐$                    ‐$                    O ‐$                    ‐$                    ‐$                    ‐$                    O ‐$                    ‐$                    ‐$                    ‐$                    O ‐$                    ‐$                    ‐$                    ‐$                    Total ‐ Year Two ‐$                    ‐$                    ‐$                    ‐$                    GRAND TOTAL 190,000$           ‐$                   130,000$          60,000$              Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World  For Capital Items, please review Prior Month's Project Status and Fund Balance Report Professional Services General Ledger Account  String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month‐End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 104 of 137 _____________________________________________________________________________________ RENEWAL AMENDMENT #2 PROFESSIONAL SERVICES AGREEMENT Contract Number PSA-21-96 PLAN REVIEW AND INSPECTION SERVICES Not to exceed $130,000.00 THIS RENEWAL AMENDMENT #2 to the Professional Services Agreement of November 3, 2021, made and entered into on this ________________ by the City of Englewood hereinafter referred to as “City” and AEC West Consultants, Inc. hereinafter referred to as “AEC” and collectively referred to as the “Parties”. WHEREAS, on November 3, 2021 the Parties entered into a Professional Services Agreement (“PSA”) 21-96 for the provision of professional services in the area of compliant plan review and inspection services; and WHEREAS, on December 6, 2022 the Parties entered into Renewal Agreement # 1 extending the term of the Agreement by an additional year; and WHEREAS, pursuant to Section 8 of the PSA and the Renewal Agreement #1 the Parties may enter into a renewal of the Agreement for an additional one-year period; and WHEREAS, the Parties desire to renew the PSA for continued services to the City; and WHEREAS, the Parties agree to continue to operate and abide by the terms and conditions of the PSA, except for as revised herein. NOW, THEREFORE, the City and AEC agree to this Renewal Amendment #2 as follows: I. AMENDMENT TERMS This Amendment is entered into to modify the terms of the PSA to renew the PSA for an additional one-year term. The term for this renewal period is from the City’s execution date below (“Effective Date”) to one year from the Effective Date. II. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto as Attachment A and incorporated herein by reference outlines the understanding and performance that each Party shall provide to the other pursuant to the terms and conditions of the PSA, Amendment #1, and this Renewal Amendment #2 for the next twelve (12) months. The Attachment A attached hereto shall replace the Attachment A Outline of Statement of Work as contained in the Amendment Agreement #1. III. COMPENSATION Compensation and Payment for the services described in the Outline of Statement of Work, attached hereto, during the renewal term shall be at the rate schedule attached hereto in an amount not to exceed $130,000.00. Page 105 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 2 IV. FURTHER AMENDMENTS The PSA shall be subject to all provisions of applicable state and federal law, even if not specifically incorporated by reference. Moreover, any reference in the PSA to the term “illegal alien” shall be replaced by the term “worker without authorization.” Section 34 verification of compliance with C.R.S. 8-17.5-101 et.seq. regarding hiring of workers without authorization is hereby stricken and shall have no force and effect. V. INCORPORATION BY REFERENCE OF PSA Except as specifically modified herein, all other terms and conditions of the PSA are incorporated by reference as if fully set forth herein, and shall continue in full force and effect until the earlier of (a) expiration or termination of this Renewal Amendment #2, or (b) mutual agreement in writing by the Parties hereto. VI. INCORPORATION BY REFERENCE OF EMC SECTION 4-1-3-4 This Contract is made under and conformable to the provisions of Section 4-1-3-4 of Englewood Municipal Code, which provides standard contract provisions for all contractual agreements with the City. Insofar as applicable, the provisions of EMC Section 4-1-3-4 are incorporated herein and made a part hereof by this reference. IN WITNESS WHEREOF, the City and AEC do hereby execute this Renewal Amendment #2 to the Professional Services Agreement (PSA/21-96). CITY OF ENGLEWOOD – DEPARTMENT DIRECTOR By: __________________________________ Title: __________________________________ Date: __________________________________ CITY OF ENGLEWOOD – CITY MANAGER By: __________________________________ Title: __________________________________ Date: __________________________________ Page 106 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 3 CITY OF ENGLEWOOD – MAYOR By: __________________________________ Title: __________________________________ Date: __________________________________ Attest: By: __________________________________ Title: __________________________________ Date: __________________________________ AEC WEST CONSULTANTS, INC. By: __________________________________ Title: __________________________________ Date: __________________________________ President 11-7-23 Page 107 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 4 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Statement of Work for Professional Services Agreement between the City of Englewood, Community Development Department (City) and AEC-West Consultants, Inc. (Consultant), effective January 1, 2024 through December 31, 2024, with two annual renewal options. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Community Development: Karen Montanez, Chief Building Official 303.762.2355 kmontanez@englewoodco.gov AEC-West Consultants, Inc.: James Horne, Principal 303.377.6963 x106 james@AEC-West.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The City is in need of building plan review and inspection services to supplement city staff plan review and inspection services. The City continues to have a high need to provide timely review of building plans and inspections for conformance with adopted codes. The need currently exceeds the capacity of existing city staff to meet service desires and is expected to continue. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) City shall provide Consultant with a list of requested inspections and supporting documents. 5. OTHER CONSULTANT RESOURCES No additional consultants shall be engaged without prior written approval by the City. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES A. Projects will include typical residential and commercial projects, including the full range from new-builds to remodels and additions; structural engineering plan reviews; and residential and commercial roof, mechanical, plumbing and/or electrical inspections. Work may also include unusual projects with which the city staff has limited experience. B. Consultant will provide code compliant plan review and inspection services on an as requested basis using qualified professionals. Services will be provided per the City’s adopted codes, amendments and ordinances. Page 108 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 5 C. Consultant will provide written reports of code deficiencies, including architectural/accessibility, mechanical, plumbing, electrical, and structural. D. Consultant will review all schematics, design development, and permits as requested. E. Consultant will attend any Building Division and design team meetings as requested. F. Consultant will provide resolution of deficiencies and verification of permit documents. G. Consultant will provide a 2 to 3 week turnaround on most projects. 7. SPECIAL TERMS, IF ANY A. Consultant is not obligated to perform services beyond what is contemplated by the Agreement. Any changes or additions to the scope of work shall be done in writing and shall specifically state the additional fees, if any, for such changes. B. Consultant is under no obligation to perform and will not perform any inspection services relating to site infrastructure including roads, parking lots, landscaping, drainage or other matters not included as building code issues. C. The Professional Services Agreement for services rendered will not exceed One Hundred Thirty Thousand Dollars ($130,000.00). 8. MODE OF PAYMENT Payment will be made to Consultant in the form of a check. 9. PAYMENT SCHEDULE A. Consultant shall submit an invoice to the City for work completed and reimbursable expenses incurred on a monthly basis. City will pay Consultant within 30 days of receipt of said invoice. B. City will pay Consultant for work in accordance with the following payment schedule. All payments are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in paragraph 10. Schedule and Performance Milestone. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables/Milestones have been satisfied. Page 109 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 6 Service or Fee Type Commercial Plan Review 65-75% of City Plan Review Fee Minimum Charge $500 75% up to $10 million 70% for $10.1 million up to $15 million 65% for $15.1 million up to $30 million Negotiated above $30 million Residential Plan Review 75% of City Plan Review Fee Commercial Project Support (Plan Review and Inspections) Included in Plan Review Fees NA % of Building/Trade Permit Fees (hourly as needed) Structural Engineering Plan Review Included in Plan Review Fees Review of Plan Resubmittals Included in Plan Review Fees Review of Plan Changes to Approved Plans Principal or Associate: $160 Sr. Plans Examiner: $140 Plans Examiner: $120 Designer: $115 With prior approval from both parties after an estimate is given to Englewood Building Official; 0.1 hr increments Inspections - On Call/As Needed $120/hr Commercial $100/hr Residential After Hours/Emergency Inspections $120.00/hr Commercial $100/hr Residential Re-Inspection Services $120.00/hr Commercial $100/hr Residential Rates Charged for Travel Time and/or Mileage $120/hr Commercial $100/hr Residential IRS Mileage Rate Time tracked will not include travel time. Consultant time starts when we arrive on-site. 10. SCHEDULE AND PERFORMANCE MILESTONES Consultant will provide services as requested by the City in accordance with the time frames and deliverables listed below: Page 110 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 7 Deliverables Inspection Services Perform inspections called in by 4:00 pm the next business day Plan Review Turnaround Times Provide comments within the following timeframes: Project Type: Single-family within Multi-family within Small commercial within Large commercial within First Comments Second Comments 7 business days 10 business days 10 business days 15 business days 5 business days or less 10 business days or less 10 business days or less 10 business days or less Reporting Services 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Substantially all work will be conducted by Consultant at its regular office located at 4605 Quebec Street, Unit B8, Denver, Colorado 80216. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ___________ , the parties have executed this Statement of Work as of this ______________________. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: _______________________________ Date: _______________________________ Page 111 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 8 AEC WEST CONSULTANTS, INC. By: (Signature) James P. Horne_ (Print Name) Title: Principal Date: _________________________ 11-7-23 Page 112 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Mike Flaherty, Victor Rachael DEPARTMENT: Public Works DATE: December 4, 2023 SUBJECT: Renewal of contract for custodial services of City facilities with Regal Facility Management DESCRIPTION: Second renewal of 2021 contract with Regal on a month-to-month basis for custodial services with a not to exceed amount of $30,000 per month RECOMMENDATION: Staff recommends that City Council approve, by motion, the second renewal of a contract with Regal; Facility Management to continue providing custodial services in city facilities, on a month-to-month basis, at a rate not to exceed $30,000 per month. PREVIOUS COUNCIL ACTION: Regal Facility Management was awarded a contract for services for provision of Custodial & Janitorial Maintenance Services on November 3, 2021. The contract was renewed through November 3, 2023, via Amendment Number 1, in the amount of $340,780.00, by City Council on January 18, 2023. SUMMARY: Regal Facility Management has been providing custodial services at various city facilities including day porter and nightly cleaning services. City Staff has determined that it is in the best interest of the city to issue a Request for Proposal for custodial services going into 2024 and an RFP was issued on October 31, 2023, with a due date for responses on December 5, 2023. The anticipated start date of a new contract is February 2024. During the interim, Regal will continue to provide custodial services. on a month-to-month basis. The renewal period shall not exceed one year. ANALYSIS: The city provides custodial and day porter services to the following facilities utilizing a team of city staff and contracted services:  Civic Center  ServiCenter  Englewood Recreation Center  Malley Recreation Center  Pirate's Cove  Broken Tee Golf Course  Englewood Police Department Page 113 of 137  South Platte Renewal  Allen Water Treatment Plant All buildings except the Police Department and the ServiCenter are currently serviced by Regal. City staff provides day porter and nightly cleaning services for these facilities. Regal will continue services to all other facilities under this amendment on a month-to-month until new separate contracts for SPR, Allen Water Treatment Plant and city facilities, respectively, are awarded. COUNCIL ACTION REQUESTED: Staff recommends approval, by motion, of Amendment Number 2 of the contract with Regal Facility Management. FINANCIAL IMPLICATIONS: The total contract cost is not to exceed $30,000 monthly. This contract will be funded from the General Fund operating budget for Public Works, Operation and Maintenance, Account 02- 1005. The Enterprise Fund entities, SPR, Allen Water Treatment Plant and Broken Tee Golf Course will reimburse the General Fund for their cost of services provided. CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Sustainability A city that protects its natural environment  Maintain the current built environment and maximize the lifecycle of newer high-profile buildings (Police Station, schools)  Develop a proactive capital plan to address needed capital and maintenance of city buildings ATTACHMENTS: Professional Services Agreement dated November 3, 2021 Amendment Number 1, dated January 18, 2023 Amendment Number 2 Page 114 of 137 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 11/5/2023 Amendment Amount End Date 1/31/2024 Amended Contract Amount Total Term in Years 0.24 Vendor Contact Information: Name Contact Address Phone Email Englewood City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) (303)250-4111 tyler.warmbold@ Tyler Warmbo All payments to Contractor are continguent on Contractor's satisfying the Deliverables set for in the Scope of Work. Payments shell be made upon work completed and the approval of the invoice. Regal Facility Mnagement 1500 West Hampden Avenue Suite 3J Second renewal of 2021 contract with Regal on a month-to-month basis for custodial services of city facilities with a not to exceed amount of $30,000 per month. The renewal is required to allow for continued custodial services on an interim basis while the city recieves proposals under an October 31, 2023. Request for Proposals for Custodial Services (RFP-23-042). The anticipated start date of a new contract for custodial services is February 1, 2024. CO 80110 CFS-21-102 $ 340,780 $ 90,000 $ 430,780 (303)762-2532Mike Flaherty mflaherty@englewoodco.govInterim Facilities Manager Renewal options available CONTRACT APPROVAL SUMMARY CFS-Contract for Services Page 115 of 137 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining O 2023 02 1005 54201 Regal Facility Managment 819,862$ 1,105,472$ 60,000$ (345,610)$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year 819,862$ 1,105,472$ 60,000$ (345,610)$ O 2024 02 1005 54201 Regal Facility Managment 901,848$ -$ 30,000$ 871,848$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two 901,848$ -$ 30,000$ 871,848$ GRAND TOTAL -$ -$ 90,000$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: Professional Services General Ledger Account String Request for Proposals for Janitorial and Custodial Services (RFP-21-042) NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Professional Services Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 116 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 1 AMENDMENT NUMBER 2 TO CONTRACT FOR SERVICES Contract Number CFS-21-102 CUSTODIAL & JANITORIAL MAINTENANCE SERVICES Not to exceed $30,000.00 Per Month THIS AMENDMENT NUMBER 2 to the Contract for Services, made and entered into on this ______________________ by and between the City of Englewood hereinafter referred to as “City” and Regal Facility Management hereinafter referred to as “Vendor” and collectively referred to as the “Parties”. WHEREAS, on November 3, 2021 the Parties entered into a Contract for Services (“Agreement”) for the provision of Custodial & Janitorial Maintenance Services; and WHEREAS, The Parties executed Amendment Number 1 on January 18, 2023 extending the Agreement until November 3, 2023; and WHEREAS, pursuant to Amendment Number 1 the Parties may enter into a renewal of the Agreement; and WHEREAS, during the past year the Vendor has satisfactorily provided services pursuant to the Contract, and within the time frames set forth in the Agreement; and WHEREAS, the Parties desire to extend the CFS to a month to month term; and WHEREAS, the Parties agree to continue to operate and abide by the terms and conditions of the CFS. NOW, THEREFORE, City and the Vendor hereby enter into this Amendment Number 2 as follows: I. AMENDMENT TERMS This Amendment is entered into to modify the term of the Contract to renew the CFS on a month to month term. The term for this month to month renewal period is from the City’s execution date below (“Effective Date”) and will not exceed one-year from the Effective Date. The month to month renewal term will automatically renew for a one-month term on the first day of each month unless either party notifies the other party in writing of its intent to terminate the Contract prior to the renewal term as provided in this section. Either Party may terminate this Contract at any time by giving notice in writing by registered mail, return receipt requested, to the other party thirty (30) days prior to any such intent to cancel this Contract. Any renewal beyond a one-year period may require approval of the Englewood City Council. The Parties understand and expressly acknowledge that a Renewal Term beyond one year is contingent upon adequate appropriation of funds for each fiscal year. II. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto as Attachment A and incorporated herein by reference outlines the understanding and performance that each Party shall provide to the other Page 117 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 2 pursuant to the terms and conditions of the Agreement and this Amendment Number 2 for the additional statement of work. The Attachment A attached hereto shall be in addition to the Attachment A Outline Statement of Work as contained in the Agreement. III. COMPENSATION Compensation and Payment for the services described in the Outline of Statement of Work, attached hereto, during the renewal term shall be at the rate schedule attached hereto in an amount not to exceed $30,000.00 per month. IV. FURTHER AMENDMENTS The CFS shall be subject to all provisions of applicable state and federal law, even if not specifically incorporated by reference. Moreover, any reference in the CFS to the term “illegal alien” shall be replaced by the term “worker without authorization.” Section 31 verification of compliance with C.R.S. 8-17.5-101 et.seq. regarding hiring of workers without authorization is hereby stricken and shall have no force and effect. V. INCORPORATION BY REFERENCE OF PSA Except as specifically modified herein, all other terms and conditions of the CFS are incorporated by reference as if fully set forth herein, and shall continue in full force and effect until the earlier of (a) expiration or termination of this Amendment Number 2, or (b) mutual agreement in writing by the Parties hereto. VI. INCORPORATION BY REFERENCE OF EMC SECTION 4-1-3-4 This Contract is made under and conformable to the provisions of Section 4-1-3-4 of Englewood Municipal Code, which provides standard contract provisions for all contractual agreements with the City. Insofar as applicable, the provisions of EMC Section 4-1-3-4 are incorporated herein and made a part hereof by this reference. IN WITNESS WHEREOF, the City and Vendor do hereby execute this AMENDMENT NUMBER 2 to the Contract for Services. OWNER: CITY OF ENGLEWOOD, COLORADO By: __________________________________ Date: ________________________________ (Department Director) By: __________________________________ Date: _______________________________ (City Manager) By: ______________________________________ Date: ________________________________ (Mayor) ATTEST: ________ Date: ________________________________ City Clerk Page 118 of 137 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 3 VENDOR: REGAL FACILITY MANAGEMENT By: __________________________________ (Signature) __________________________________ (Print Name) Title: __________________________________ Date: __________________________________ Tyler Warmbold 11.09.2023 President Page 119 of 137 Dol:uS|gn E rwelope ID:DiS94E9S~7D1C-44C4—A765-872052349535 was‘: «Y riglewood éttzr;':>~;i '*t‘I‘1.’§3I~'.'»iI AMENDMENT NUMBER 1 TO CONTRACT FOR SERVICES Contract Number CFS-21-102 CUSTODIAL&JANITORIAL MAINTENANCE SERVICES Not to exceed $340,780.00 THIS AMENDMENT NUMBER 1 to the Contract for Services,made and entered into on this day of 1/18/2023 ,2022 by and between the City of Englewood hereinafter referred to as “City” and Regal Facility Management hereina?er relerred to as "Vendor’and collectively referred to as the “Parties”. WHEREAS,on November 3,2021 the Parties entered into a Contract for Services (“Agreement”) for the provision of Custodial &Janitorial Maintenance Services;and WHEREAS,the term of the Agreement was from one year,from November 3.2021 through November 3,2022,with the option to renew the contract;and WHEREAS,the parties desire to Amend the Agreement,and any prior amendments thereto,to extend the term of the Agreement for an additional one your period from November 3,2022 through November 3,2023,include an option to renew for three (3)additional one-year periods:and increase the scope of services during the contract period;and NOW,THEREFORE,City and the Vendor hereby enter into this Renewal Agreement Number 1 as follows: I.AMENDMENT TERMS This Amendment is entered into to modify the terms of the original Agreement and all prior amendments thereto (it any)to increase the dollar amount as lollows: To extend the term of the Agreement for one-year,from November 3,2022 through November 3, 2023,with an option to renew for three (3)additional one—year periods as agreed upon by the City of Englewood and the vendor. ll.SCHEDULE A —OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto as Attachment A and incorporated herein by reference outlines the understanding and performance that each Party shall provide to the other pursuant to the ten'ns and conditions of the Agreement and this Amendment Number 1 for the additional statement of work.The Attachment A attached hereto shall be in addition to the Attachment A Outline Statement of Work as contained in the Agreement. 1000 Englewocd Parkway,Englewood,Colorado 301102373 (303)752-2300 wuwanglawggqg?uv 1 Page 120 of 137 DucuSign Envelope ID:?1694E96-7D1C—44C4-A755-872052B49BES III.COMPENSATION Compensation and Payment for the services described in the Outline of Statement of Work, attached hereto,shall be per the terms of Section 4 of the Agreement and Section 9 of the attached Statement of Work,in the amount not to exoeed $340,780.00. IV.INCORPORATIONBY REFERENCE OF AGREEMENT,ANY PRIOR AMENDMENTS Except as specifically modi?ed herein,all other terms and conditions of the Agreement and any prior amendmentsthereto are incorporated by reference as if fully set forth herein,and shall continue in full force and effect until the earlier of (a)expiration of the term,completion of the Projectlscope of Services,or terminationof the Agreement;or (b)mutual agreement in writing by the Parties hereto. IN WITNESS WHEREOF,the City and Vendor do hereby execute this AMENDMENTNUMBER 1 to the Contract for Services. OWNER:CITY OF ENGLEWOOD,COLORADO Ducuslgnadhy: By:Mdamfgwi V1’ctorkachaei Date:1/17/2023 (Department Director) nucu?lg 4 by; '2 Shawn Lew'is Date:1/17/2023 (ffityManager) umsm...by: BY ‘\§\/”Othoniei sterrbaley 1/17/2023 WIS)/Uri ' nm.sa.n.....,;A-I--I-Es-I-fgiL;7iuAi/ribCMULLStephanieCafgggee 1/15/2023 F°°f§I??€‘i§i‘k VENDOR:REGAL FACILITY MANAGEMENT By:/44 (Signature) Tyler Warmbold (Print Name) Tine;President Date:10.12.22 1000 Englewood Parkway,Englewood.Colorado ao11o-2373 (303)7622300 wumuseznetewteetiegtoqv 2 Page 121 of 137 Dccuslgn Envelope ID:0I694596-7D1C44C4-A765—372a52B49BE6 SCHEDULE A OUTLINE OF STATEMENT OF WORK GENERAL Statement of Work for Custodial/Janitorial Services Agreement between the City of Englewood,Public Works Department (City)and Regal Facility Management (Contractor), 1500 W.Hampden Avenue,Suite 3J,Englewood,Colorado 80110 effective immediately upon execution by the parties and willcontinue for a one-year service term,which may be extended for up to two (2)additional,optionalone-year periods. NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Public Works: Jeff Wenda,Building Services Supervisor (303)762-2533 'wenda@eng|ewoodco.gov Regal Facility Management: Tyler Warmbold.Co-President (303)250-41 11 Ty|er.warmbo|d@regalmanagement.com SUMMARYOF PURPOSE FOR STATEMENT OF WORK The work to be performed shall be routine custodialljanitorial maintenance services (daily. weekly.and monthly)using City supplied equipment and supplies or pre-approved, Contractor supplied equipment and supplies at the City owned locations as listed in Section 12. EQUIPMENT AND PROGRAMMINGTO BE PROVIDED BY CITY (IF ANY) The City of Englewood will be providing the following equipment for routine janitorial maintenance throughout each facility within the city. A.Broken Tee Golf Course a.Upright Commercial Vacuum 8.Charles Allen Water Treatment Plant a.Upright Commercial Vacuum C.Civic Center (3)Upright Commercial Vacuums Ride»on Vacuum Carpet Spotter Steam Carpet Cleaner/Extractor A||—in-one Carpet Extractor Compact Auto Scrubber Walk-behind Auto Scrubber.Wet/DwVacuum D.Malle Center ="‘.°«"'."’.QS‘P'F’ Page 122 of 137 Docusign Envelope ID:01694596-7D1C-4404-A765~87205ZB49BE6' 10. 11. a.Upright Vacuum b.Carpet Spotter c.Ride-on Auto Scmbber E.Pirate's Cove a.Upright Vacuum F.South Platte Renew a.(2)Upright Vacuums b.Walk-behind Auto Scrubber c.Backpack Vacuum OTHER CONSULTANT RESOURCES Additional resources as listed in Exhibit 1b in the Regal Facility Management proposal dated October 3,2022. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES In addition to performing custodial/janitorial services,the Contractor will keep the City updated on the status of performance by delivering the following monthly status reports: A.Actual hours worked at each facility. B.Any additional services that were rendered outside of this request for proposal. SPECIAL TERMS,IF ANY N/A MODE OF PAYMENT Monthly invoice provided by Contractor at rates speci?ed in Contractors proposal, payment by Check or ACH. PAYMENT SCHEDULE City will pay Contractor for the work in accordance with the following payment schedule. All payments to Contractor are contingent on Contractor's satisfying the DeliverableslMilestones set forth in the Payment Schedule.Payments shall be made upon City's written con?rmation to Contractor that the Deliverables-Milestones have been satis?ed. The City will pay the Contractor on a monthly basis for all service completed,approved by the City and included on the monthly invoice provided by the Contractor. SCHEDULE AND PERFORMANCE MILESTONES Schedule of services as shown in Regal Facility Management‘s proposal dated October 3,2022. ACCEPTANCE AND TESTING PROCEDURES Page 123 of 137 Docusign Envelope ID:0169-tE96-7D1C—44C4-A765—872052B49EE5 The City’s representatives will conduct routine inspections of completed work and any unsatisfactory work will be brought to the attention of the Contractor.The Contractor will be required to properly service the area in question within one (1)business day. 12.LOCATION OF WORK FACILITIES The Contractor shall provide custodial/janitorial services at the following City facilities: Broken Tee Golf Course —2101 W.Oxford Ave..Englewood,CO 80110 Charles Allen Water Treatment Plant —1500 W.Layton Ave,Englewood,CO 80110 Civic Center —-1000 Englewood Parkway,Englewood,CO 80110 Service Center—2800 S:PlatteRiver Drive,Englewood,CO 80110 Englewood Recreation Center —1155 W.Oxford Avenue.Englewood.CO 80110 Malley Center—3380 S.Lincoln St.Englewood,CO 80110 Pirates Cove Water Park —1225 W.Belleview Ave.,Englewood,CO 80110 South Platte Renew Wastewater Treatment Plant —-2900 S.Platte River Dr.. Englewood,CO 80110 IQ.T|!"".U.0!”.> IN WITNESS WHEREOF,pursuant ?f?grdance with the Professional Services Agreement between the parties hereto dated 0 ,the parties have executed this.——————t7177'20-‘ Statement of Work as of this day of V Z ,20__. cm!OF el?mpb,COLORADO \AdoIrl€aduu,LBy: Vict P Q 1 (PriniName) Tme_Director of Public works 1/17/2023Date: Regal Facility Management Consultant Name By:/HjdA,J«r1/(50%?! (Signature)Tyler Warmbol (Print Name) 1-me;President Date;10.12.22 Page 124 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 11/3/2021 Page 125 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 11/2/2021 11/2/2021 11/3/2021 Page 126 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 Page 127 of 137 reasonably required by the City including the satisfactory release of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld}. 18.PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor's sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19.CONTRACTOR NOT AN OFFICER. EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20.CONTRACTOR"S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker's compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City's prior written consent. The City shall be named as an additional insured and be furnished thirty (30} days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a) INSURANCE TYPES AND AMOUNTS. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $1,000,000 per occurrence; Professional Liability Errors and Ommissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per ocdJ7rence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on atl28)f his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor's Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor's Property Damage Insurance in an amount not less than $1,000,000. 21. WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of one {1} year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be in compliance with applicable Colorado energy, conservation, and environmental standards; unless a longer minimum period is required in the statement of work. Contractor shall furnish all manufactures' and supplier' written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 22.ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. Thisassignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23.COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor's receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24.TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25.GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 26.NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 27.TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"}. Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28.PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29.DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request 30.ATTORNEY'S FEES. In the event that either party to this Contract shall commence any action against the other partyarising out or or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2300 www.englewoodgov.org 4 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 Page 128 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 Page 129 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 Page 130 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 Page 131 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 Page 132 of 137 DocuSign Envelope ID: 0A45318C-EFE1-4F14-A1E3-43BF1D963325 11/2/2021 Director of Public Works 11/2/2021 11/2/2021 11/2/2021 Maria D'Andrea Page 133 of 137 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: December 4, 2023 SUBJECT: Resolution establishing City Council holiday meeting schedule DESCRIPTION: Establishing City Council meeting dates in December 2023 and January 2024 RECOMMENDATION: Adopt Resolution establishing December/January holiday meeting dates PREVIOUS COUNCIL ACTION: February 21, 2023 study session: Council discussed this issue and provided direction to staff, noting the newly-elected City Council should determine the holiday season meeting schedule SUMMARY: To accommodate holiday-related travel and minimize Council meeting absences and disruptions, City Council in prior years has cancelled optional study sessions in December. City staff raised this issue in February, 2023, and City Council determined that the newly-elected City Council should determine its 2023 winter holiday schedule. City Charter requires City Council to meet two times per month for regular meetings, and does not require study sessions. While last year City Council met only the first two Mondays in December for regular meetings, to avoid rescheduling of Monday meetings that otherwise fall on holidays and to better align with Englewood Schools' holiday schedule, staff proposes City Council take its winter break the last week of December, 2023, and the first week of January, 2024. The actions required to effectuate this are: cancel the December 25, 2024 study session; cancel the January 1, 2024 regular meeting; designate January 8 study session as a regular meeting. The proposed schedule would result in meeting the first three Mondays in December, and meeting the second through fourth Mondays in January. COUNCIL ACTION REQUESTED: Adopt the proposed Resolution FINANCIAL IMPLICATIONS: The City will realize a slight cost savings, due to food and technology consultant costs for meetings Page 134 of 137 ATTACHMENTS: Resolution Page 135 of 137 1 RESOLUTION NO. ____ SERIES OF 2023 A RESOLUTION ESTABLISHING CITY COUNCIL MEETING DATES IN DECEMBER 2023 AND JANUARY 2024 WHEREAS, Englewood Charter § 27 requires City Council to meet at least twice per month; and WHEREAS, Englewood City Council generally holds two regular meetings per month for the transaction of business, and two study sessions per month for presentations and study of various issues affecting the City; and WHEREAS, during the December holiday season, because schools are not in session and holidays regularly include travel, City staff and elected officials often have conflicts between City and familial obligations, resulting in meeting absences; and WHEREAS, two City-recognized holidays—December 25 and January 1—fall on Mondays that would otherwise have a scheduled study session and a scheduled regular meeting; and WHEREAS, to respond to these concerns, various other cities reduce the number of meetings during the holiday season; and WHEREAS, the City of Englewood did so in 2022, by eliminating study sessions; and WHEREAS, while eliminating study sessions increased the City Council workload in surrounding months, it also reduced schedule conflicts and absences. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Cancellation of December 25 study session; Rescheduling of January 1 regular meeting. City Council hereby cancels its study session scheduled for December 25, 2023, and its regular meeting scheduled for January 1, 2024. City Council shall instead hold a regular meeting starting at 6 p.m. for study session items and 7 p.m. for action items on Monday, January 8, 2024, at Englewood Civic Center City Council Chambers and through electronic format. Except as specifically modified herein, City Council will follow its regularly-established meeting schedule the remainder of December 2023 and January 2024 as follows: regular meetings with study sessions at 6 p.m. and action items starting at 7 p.m. on December 4 and December 18, 2023, and Tuesday, January 16 (rescheduled from Monday, due to Martin Luther King Day); and study sessions on December 11, 2023 and January 22, 2024 starting at 6 p.m. Section 2. Grant of Authority to Implement Resolution. The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City staff are hereby granted the authority to take all actions necessary to implement the provisions of Section 1 above. Page 136 of 137 2 ADOPTED AND APPROVED this _____ day of December, 2023. ______________, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ____, Series of 2023. Stephanie Carlile Page 137 of 137