HomeMy WebLinkAbout2025-01-21 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-
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1000 Englewood Pkwy - Council Chambers
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Tuesday, January 21, 2025 ♦ 5:30 PM
This meeting will begin at 5:30 p.m. Council Dinner will be available at 5:00 p.m.
To view the meeting, please follow this link to our YouTube live stream link: YouTube
1. Study Session Topic
a. The Affordable Housing Task Force (AHTF) will present their recommendations to city
council based on their year-long effort of studying affordable housing.
5:30 p.m. to 7:00 p.m.
Information
1a documents
Staff: Director of Community Development Brad Power
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 January 6, 2025.
5a documents
6. Recognitions
a. Recognition of City of Englewood Public Works for Federal Emergency Management
Agency (FEMA) reimbursement
7. Appointments, Communications and Proclamations
a. Resolution appointing members to various boards, commissions, and committees.
7a documents
Staff: Senior Deputy City Clerk Jackie McKinnon
8. Recognition of Public Comment
Public Comment will begin shortly after 7:00 pm, this is an opportunity 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 three minutes.
Englewood residents must provide your address or cross streets. Non-Englewood residents
must provide the name of your city. If you have addressed Council in the last 90 days you will
Page 1 of 371
Englewood City Council Regular Agenda
January 21, 2025
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.
be moved to the bottom of the list. Written materials may be submitted to the City Clerk in
advance or at the meeting. Audio/visual materials must be submitted to the City Clerk by 5pm
on the Thursday prior to the meeting. Public Comment will be limited to 90 minutes total.
If you'd like to speak virtually please reach out to the City Clerk's office for a link, the deadline is
the Wednesday prior to the meeting by 5pm. You may also sign up in person immediately prior
to the start of the Regular Meeting.
Citizens may also submit written public comments to the City Clerk's Office until 12 p.m. the day
after the meeting. If you have any questions please reach out to the City Clerk's Office at
CityClerk@englewoodco.gov or call 303-762-2430.
Council Response to Public Comment.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading
c. Resolutions and Motions
i. Motion - Contract for snow & ice removal service with DCPS Cleaning dba
Integrated Cleaning Services.
9ci documents
Staff: Facilities Project Administrator Tre Blake and City Architect Melinda
Goblirsch
ii. Motion - Contract for Services (CFS) with Layne, A Granite Company (Layne) to
repair an existing City of Englewood (City) deep well.
9cii documents
Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy
Director of Business Solutions and Engineering Sarah Stone
iii. Motion - Historic Englewood Contract Amendment
9ciii documents
Staff: Deputy City Manager Dodd
iv. Motion - Contract for Landscaping / Ground Maintenance Service with
Environmental Designs.
9civ documents
Staff: Facilities Project Administrator Tre Blake and City Architect Melinda
Goblirsch
10. Public Hearing Items
Page 2 of 371
Englewood City Council Regular Agenda
January 21, 2025
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.
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading
c. Resolutions and Motions
i. Motion - Extension of the Tri-Cities Homelessness Action Plan
11ci documents
Staff: Deputy City Manager Tim Dodd
12. General Discussion
a. Mayor's Choice
b. Council Members' Choice
13. City Manager’s Report
14. Adjournment
Page 3 of 371
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Brad Power
DEPARTMENT: Community Development
DATE: January 21, 2025
SUBJECT: Affordable Housing Task Force Presentation
DESCRIPTION:
The Affordable Housing Task Force (AHTF) will present their recommendations to city council
based on their year-long effort of studying affordable housing.
RECOMMENDATION:
Receive the presentation and recommendations of the City of Englewood Affordable Housing
Task Force.
PREVIOUS COUNCIL ACTION:
City council conducted a community recruitment process and appointed members of the
Affordable Housing Task Force in the Fall of 2023.
SUMMARY:
In response to the completion of the Englewood Housing Needs Assessment and in order to
address the many issues associated with the provision of affordable housing in the community,
the city council empaneled a group of Englewood residents and business owners, as well as
affordable housing experts to explore the issue in-depth and develop recommendations that
could be considered by council for implementation. The task force met monthly between
December, 2023 and December, 2024 to assess the issues and opportunities associated with
the provision of affordable housing in Englewood and to develop a series of recommendations
and a final report. Members of the task force will present their report and recommendations at
the January 21, 2025 city council study session.
ANALYSIS:
The city council asked the AHTF to base their work on the following objectives:
Conduct a landscape analysis to understand challenges and develop a long-term
housing plan for the City of Englewood.
Develop strategies to preserve affordable housing.
Understand challenges related to affordable housing during a time of inflation.
Determine whether the area median income (AMI) is the right measure for affordable
housing, and whether the county's AMI is the correct measure for Englewood.
Consider the development of other performance metrics in setting affordable housing
goals.
Develop strategies to maximize funding for affordable housing opportunities.
Provide information and make recommendations to the Englewood City Council and the
Planning and Zoning Commission.
Page 4 of 371
The initial AHTF meetings were centered on establishing a shared understanding of the issues
associated with the provision of affordable housing. The group spent a considerable amount of
time reviewing the conclusions of the Englewood Housing Needs Assessment. Early in its
tenure, the AHTF reached consensus on the following strategic vision:
"To ensure equitable access to affordable and diverse housing options for all residents of
Englewood, including seniors, low-income individuals, homebuyers, renters, future generations,
with a focus on those struggling to afford housing costs. Our goal is to create a sustainable
housing ecosystem that fosters stability, encourages community investment, and contributes to
the overall wellbeing of our diverse community"
A significant amount of the AHTF's effort focused on exploring best practices associated with
affordable housing and the task force received information from a variety of public agency
representatives and affordable housing providers and developers from throughout the Front
Range.
The final three months of the AHTF's term focused on the discussion and development of
recommendations, and the production of a final report. The AHTF recommendations are
centered on the following themes:
Build
Fund
Assist & Preserve
The task force's recommendations include initial and longer term actions that the city could
embark upon to ensure the provision of affordable housing in Englewood well into the future.
The task force approved their recommendations in December of 2024 via a vote of 9-1.
COUNCIL ACTION REQUESTED:
Review of the presentation of the final report and recommendations by members of the AHTF.
FINANCIAL IMPLICATIONS:
The recommendations of the AHTF include a variety of financial and investment mechanisms
for affordable housing, which would require additional analysis and policy development.
CONNECTION TO STRATEGIC PLAN:
Affordable Housing - Explore and implement opportunities to increase affordable housing
opportunities in Englewood
Implement Housing Outreach Campaign throughout 2024.
Support the work of the Affordable Housing Task Force and develop a report to council.
Explore opportunities for funding affordable housing programs, including Proposition
123.
OUTREACH/COMMUNICATIONS:
The meetings of the AHTF were publicly noticed, a public comment period was included on the
agenda for each of the task force's meetings, and the project was included in Englewood
Engaged. In addition, the "Home is the Key" community information campaign (which is
ongoing) was initiated during the work of the AHTF.
Page 5 of 371
ATTACHMENTS:
1. Affordable Housing Task Force Report
2. Presentation
Page 6 of 371
AFFORDABLE HOUSING
TASK FORCE REPORT
CITY OF ENGLEWOOD
JANUARY, 2025
Page 7 of 371
BACKGROUND
SCOPE OF THE PROBLEM NATIONALLY AND IN COLORADO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ENGLEWOOD’S PREVIOUS EFFORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
INNOVATIVE HOUSING CONCEPTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
INCOME-BASED HOUSING ASSISTANCE PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ENGLEWOOD HOUSING NEEDS ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CITY OF ENGLEWOOD’S 2023 LAND USE CODE HOUSING AFFORDABILITY PROVISIONS . . . . . . . . . 5
CREATION OF THE AFFORDABLE HOUSING TASK FORCE (AHTF) . . . . . . . . . . . . . . . . . . . . . . . . 6
THE WORK
MISSION AND GOALS OF AHTF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
TASK FORCE GROUNDING (MONTHLY MEETING NOTES) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
DECEMBER, 2023 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
JANUARY, 2024 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
FEBRUARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
MARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
APRIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
M AY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
JUNE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
JULY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
AUGUST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SEPTEMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
OCTOBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
NOVEMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
SUBCOMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
GUIDING PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PUBLIC ENGAGEMENT
CODENEXT ENGAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PUBLIC INFORMATION CAMPAIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
APPENDICES
ENGLEWOOD HOUSING NEEDS ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
CODENEXT SUMMARY (AS RELATED TO AFFORDABILITY) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
CODENEXT PUBLIC OUTREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
TABLE OF CONTENTS
Page 8 of 371
City of Englewood Affordable Housing Task Force Report 1
BACKGROUND
SCOPE OF THE AFFORDABLE HOUSING PROBLEM
NATIONALLY AND IN COLORADO
The housing market in the United States has traditionally benefitted from steady, long-term increases in prices
and costs, which were generally matched by the growth of incomes. However, in recent years, housing costs
have vastly outpaced the growth of incomes. The cost of homes for sale has increased 47% nationally since
2020, while rental costs have increased by 26%. In Colorado, the median sale price of a home has doubled over
the last decade. Renters have faced upward pressure on monthly rents, especially in the Denver metropolitan
area. The Denver area has been among the fastest growing areas of the country, which has caused an even
higher housing burden impact since the supply of all types of housing
development has not kept pace with population growth.
The US Department of Housing and Urban Development (HUD) has defined
a housing burden as a homeowner or renter who pays more than 30% of
their gross monthly income (mortgage or rent payment, taxes, utilities) on
housing costs.
In Englewood, 27% of renters pay more than 30% of their income on
housing, which defines them as cost burdened. An additional 23% of renters
are severely cost burdened, paying more than 50% of their monthly income
toward housing costs. Together, 50% of renters in Englewood are either cost
burdened or severely cost burdened. Englewood homeowners, who occupy
48% of all housing units in Englewood fare better, but 12% of homeowners
are cost burdened and 6% are severely cost burdened.
Table of Contents<<
Page 9 of 371
City of Englewood Affordable Housing Task Force Report 2
ENGLEWOOD’S PREVIOUS EFFORTS
INNOVATIVE HOUSING CONCEPTS
Innovative Housing Concepts (IHC), also known as Englewood Housing Authority, is the Public Housing
Authority for the City of Englewood. IHC has a service agreement with the City of Sheridan to administer
subsidized housing programs in their jurisdiction. IHC operates two Housing Choice Voucher programs, one for
the City of Englewood with 427 vouchers available, and one for the City of Sheridan with 181 vouchers available.
IHC has 110 public housing units including a 100-unit high rise, Orchard Place, for seniors and disabled adults.
IHC has a multifamily building with 104 units, Simon Center, that also houses seniors and disabled adults. IHC
has a small portfolio of unsubsidized housing projects and is in the process of developing an additional 20+
units in Sheridan. In 2024, IHC purchased two Naturally Occurring Affordable Housing (NOAH) properties in
Englewood and is committed to the preservation of affordable housing in Englewood. IHC also partners with
affordable housing developers to bring more affordable housing options to Englewood through the use of the
Low-Income Housing Tax Credit program. IHC has used this partnership to bring approximately 500 affordable
units to the City of Englewood.
The most recent Low-Income Housing Tax Credit project, Trails at Lehow was supported by City Council in 2019,
and contains 82 units serving residents at 60% of AMI (Area Median Income). Other LIHTC projects in Englewood
include the following:
• Canterbury Apartments 3550 and 3600 S. Delaware Street (43 units)
• The Foundry - 501 W. Bates Ave. (70 units)
• Broadway Lofts – 3401 S. Broadway (111 units)
• Presidential Arms Apartments 3595 S. Washington Street (33 units)
• Traditions At Englewood - 3500 S. Sherman St. (180 units)
• Terraces on Penn - 3590 S. Pennsylvania St. (62 units)
In addition to its direct housing programs, IHC has several programs to support their residents and program
participants, including the Family Self-Sufficiency and the ROSS-Service Coordinator programs. In partnership
with Englewood Schools and the Sheridan School District No. 2, IHC administers a Next Step 2-Gen grant to help
families at risk of or experiencing homelessness. In partnership with Integrated Community Family Services,
IHC administers an Emergency Solutions Grant (ESG) grant to rapidly re-house families who have entered
homelessness.
BACKGROUND
Table of Contents <<
Page 10 of 371
City of Englewood Affordable Housing Task Force Report 3
INCOME-BASED HOUSING ASSISTANCE PROGRAMS
Energy Efficient Englewood (E3) Grant
The Energy Efficient Englewood (E3) Grant enables Englewood homeowners to make energy-saving
improvements to their homes. Eligible homeowners can receive up to $8,000 for the cost of upgrades that will
make their home more comfortable and energy efficient. A home energy audit is required before any upgrades
may be made.
The grant covers up to $8,000 of eligible costs, but homeowners are required to provide a $2,000 match. If the
homeowner is unable to provide the required match, there’s an option for a four-year repayment plan that
places a temporary lien on the home. The funds are available on a first-come, first-served basis.
To qualify for the grant, the total household income must be below 80% of the Arapahoe County Area Median
Income (AMI) and homeowners must own and live in their home as their primary residence. Income and home
ownership are verified during the application process.
The required energy audit will identify the best improvements for the home, which could include adding
insulation, upgrading to energy-efficient exterior doors, installing double-pane thermal windows, replacing a
water heater (including tankless options), or upgrading to a furnace that’s 93% efficient or higher.
Home Repair and Improvement Loan
The Home Repair and Improvement Program provides financial assistance to qualified Englewood homeowners
for eligible home repairs and improvements. The program financially assists Englewood homeowners to:
a. Preserve the housing stock in Englewood
b. Improve the health and safety of Englewood homes
c. Improve accessibility to accommodate the elderly and/or disabled
d. Correct building code and/or property maintenance violations.
Eligible repairs and improvements include health and safety improvements as required by city code, Americans
with Disabilities Act (ADA) accessibility for seniors and disabled, emergency repairs/replacements of furnaces,
hot water heaters, etc., improvements that aid in flood proofing the property, sewer line replacements, items
identified in an issued property maintenance violation, and related items.
An eligible property owner must occupy the home and their income may not exceed 80% of the Area Media
Income (AMI) as determined by the US Department of Housing and Urban Development (HUD) each year. To
provide funding to the maximum number of homeowners with available funding, applicants are limited to
applying every five years and any previous loan must be paid in full.
The Program offers a grant for emergency repairs and a deferred loan for eligible improvements to the home. To
further reduce the financial burden on homeowners, all loans are zero percent.
BACKGROUND
Table of Contents <<
Page 11 of 371
City of Englewood Affordable Housing Task Force Report 4
ENGLEWOOD HOUSING NEEDS ASSESSMENT
The Englewood City Council received an update on September 1, 2022 from Root Policy Research, the
consultant team which developed the Englewood Housing Needs Assessment, which was closely aligned with
the CodeNext project. CodeNext was the first comprehensive re-writing of the city’s land use development code
in twenty years. The report identified key housing affordability gaps and offered strategies for addressing the
challenges while engaging developers and community stakeholders. Key areas covered in the report included:
1. Affordability and Housing Gaps: Englewood faces significant challenges in providing housing that meets
the needs of residents, especially for renter households earning less than 50% of the Area Median Income
(AMI) and potential buyers earning less than 80% AMI. Additionally, the city lacks sufficient housing
diversity, particularly in “missing middle” types like townhomes and duplexes.
2. Market Trends: Housing prices, including rents and for-sale properties, have increased much faster than
incomes. The sharpest rental declines were in affordable units, and the median market value of homes in
Englewood has tripled since 2000.
3. Economic Feasibility: The assessment includes an economic feasibility analysis of affordability incentives,
with strategic development and site identification/evaluation being key upcoming steps.
4. Developer Feedback: Local developers acknowledge strong demand in Englewood but cite challenges like
rising construction costs, regulatory hurdles, and parking requirements. Developers also prefer incentives
over mandatory affordable housing requirements due to cost and enforcement concerns.
5. Housing Strategies: The report outlines several approaches to address housing needs, including
generating resources for affordable housing, supporting diverse housing development, maintaining
existing affordable housing, and increasing access to housing services through partnerships and funding.
6. Engagement and Next Steps: The council meeting will involve discussing these findings, including the
gaps in affordability, and initiating policy tools to address housing diversity, affordability, and stability.
Further community engagement and policy refinement will follow.
BACKGROUND
«ȒȒɎ¨ȒǼǣƬɵ «ƺɀƺƏȸƬǝ
6741 E Colfax Ave, Denver, CO 80220
www.rootpolicy.com
970.880.1415
PREPARED FOR: CREATED
City of Englewood, CO 11/18/2022
City of Englewood
Housing Needs
Assessment
PROJECT DESCRIPTION:
The City of Englewood, Colorado contracted Root Policy Research to complete a well-
researched and data-driven Housing Needs Assessment. The information presented here is
intended to help inform policy changes, as well as support the efforts of the CodeNext
project, to increase the diversity and affordability of housing in Englewood.
Scan for full assessment
Table of Contents <<
Page 12 of 371
City of Englewood Affordable Housing Task Force Report 5
CITY OF ENGLEWOOD’S 2023 LAND USE CODE HOUSING AFFORDABILITY PROVISIONS
The city’s land use development code was updated in 2023 through a community participation process known
as CodeNext. As is the case with most efforts to change how cities are developed, the new code was not
universally endorsed by the community or the city council. Nevertheless, the code now includes several key
components that are intended to encourage housing options for all community members. Specific provisions
that were incorporated into the new code to encourage the development of affordable housing include:
• Much broader types of permitted housing units (smaller units, manufactured units, tiny homes) that will
be attainable by lower to moderate income purchasers.
• Bonuses such as additional stories or a reduction in the amount of required parking are allowed for
projects that include a specific percentage of units that will be made available to lower/moderate income
purchasers or renters.
• Accessory dwelling units (ADUs) are allowed in residential districts to foster additional entry-level and
aging in place housing opportunities.
• Lot size adjustments that will facilitate construction of smaller units that fit into the character of an existing
neighborhood.
BACKGROUND
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Page 13 of 371
City of Englewood Affordable Housing Task Force Report 6
CREATION OF THE AHTF
The Englewood City Council determined that gathering a group of residents and subject matter experts to
conduct an in-depth assessment of affordable housing issues, opportunities and recommendations would be
an appropriate next step following the completion of the city’s 2022 Housing Needs Assessment. City council
formed the Affordable Housing Task Force in the fall of 2023 to:
• Conduct a landscape analysis to understand challenges and develop a long-term affordable housing plan
for the City of Englewood
• Develop strategies to preserve affordable housing
• Understand challenges related to affordable housing during a time of inflation
• Determine whether the area median income (AMI) is the right measure for affordable housing, and whether
the County’s AMI is the correct measure for Englewood. Consider the development of other performance
metrics in setting affordable housing goals
• Develop strategies to maximize funding for affordable housing opportunities
• Provide information and make recommendations to the City Council and Planning and Zoning Commission
The task force met monthly beginning in December, 2023, with the first half of their work focused on reviewing
best practices in affordable housing development and regulation. The final three months of the group’s work
was centered on the development of specific recommendations that the Englewood City Council could consider
for implementation. The members of the task force and the staff members who supported this effort were:
Name Task Force Membership Category
Jake Gilbert Homeowner
Samantha Hurst Homeowner
Sophia King Renter
Aaron Martinez Non-Profit
Joseph Phillips Business Owner
Amber Reyes Renter
Diane Reinhard Non-Profit
Sherri Stinson Trade/Industry Representative
Hugo Weinberger Market-Rate Residential Developer
Kory Whitaker Affordable Housing Developer
Kevin Wright Renter
Steve Yates Business Owner
Council Member Joe Anderson City Council Liaison
Council Member Chelsea Nunnenkamp City Council Liaison
Lindsey Gorzalski Hocking, (Ex Officio Member) Director of Innovative Housing Concepts
Brad Power, (Ex Officio Member) COE Director of Community Development
Shawn Lewis, COE City Manager Staff Liaison
Tim Dodd, COE Deputy City Manager Staff Liaison
Nancy Fenton, COE Comm Dev Dept Administrator Staff Liaison
Tasha Jones Task Force Meeting Facilitator
Glenna Norvelle Task Force Meeting Facilitator
BACKGROUND
Table of Contents <<
Page 14 of 371
City of Englewood Affordable Housing Task Force Report 7
Front Left to Right:
Sophia King | Kevin Wright | Samantha Hurst | Sherri Stinson
Back Left to Right:
Joseph Phillips | Amber Reyes | Hugo Weinberger | Aaron Martinez | Kory Whitaker
Not pictured:
Jake Gilbert | Diane Reinhard | Steve Yates
BACKGROUND
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Page 15 of 371
City of Englewood Affordable Housing Task Force Report 8
THE WORK
MISSION AND GOALS OF AHTF
PROBLEM STATEMENT
Englewood has historically offered relative affordability, but recent trends in market prices, rising construction
costs, increasing mortgage interest rates, and land constraints are putting the city out of reach for middle and
lower-income households. A constrained housing market can and will negatively impact economic growth
in Englewood and the region, as well as the ability for long-standing residents to remain in their homes,
prohibiting existing renters and new residents from buying homes, and making it difficult for renters to remain
in their rental units.
TASK FORCE PURPOSE
• Using the 2022 Englewood Housing Needs Assessment and best practices for creating and maintaining
affordable housing, conduct a landscape analysis to understand challenges, develop a long-term
affordable housing plan for the City of Englewood
• Develop strategies to preserve affordable housing
• Understand challenges related to affordable housing during a time of inflation
• Determine whether the area median income (AMI) is the right measure for affordable housing, and whether
the County’s AMI is the correct measure for Englewood. Consider the development of other performance
metrics in setting affordable housing goals
• Develop strategies to maximize funding for affordable housing opportunities such as Colorado Proposition
123, Department of Local Affairs (DOLA) housing grants and programs, and any other funding sources
• Provide information and make recommendations to the City Council and Planning & Zoning Commission
which may include, but are not limited to, the following:
– Presentation of research and findings
– Recommendations to promote/incentivize/require affordable housing
– Recommendations for municipal code revisions that would promote affordable housing
– Utilization of vacant or underutilized government-owned properties that may be suitable locations for
affordable housing
STRATEGIC VISION
To ensure equitable access to affordable and diverse housing options for all residents of Englewood, including
seniors, low-income individuals, homebuyers, renters, and future generations, with a focus on those struggling
to afford housing costs.
Our goal is to create a sustainable housing ecosystem that fosters stability, encourages community investment,
and contributes to the overall wellbeing of our diverse community.
Table of Contents <<
Page 16 of 371
City of Englewood Affordable Housing Task Force Report 9
Summary of Meetings (January – November 2024)
TASK FORCE GROUNDING
MEETING #1
SYNTHESIS
DECEMBER 7TH, 2023
Learning Objective(s) -
• Creation of group expectations for working together
Highlights -
• Established ground rules for effective communication
• Explored individual motivations for participation
• Discussed preferred discussion themes, including AMI
guidelines, housing types, and historical context
• Drafted a strategic vision statement focusing on inclusivity
and accessibility
MEETING #2
SYNTHESIS
JANUARY 4TH, 2024
Learning Objective(s) -
• Develop a baseline understanding of affordable housing policies and practices; and envision a future for an
affordable housing spectrum in Englewood
• Co-create a strategic vision for affordable housing in Englewood
• Ensure continuity of topics in alignment with the Englewood Housing Needs Assessment
Highlights -
• Reviewed and provided feedback on strategic vision plans
• Raised questions about living wage, Colorado Sun article, and affordable housing numbers
• Identified themes for further discussion, such as housing needs within the continuum and
short-term rental rules
• Drafted a strategic vision statement focusing on inclusivity and accessibility
THE WORK
Table of Contents <<
Page 17 of 371
City of Englewood Affordable Housing Task Force Report 10
MEETING #3
SYNTHESIS
FEBRUARY 1ST, 2024
Learning Objective(s) -
• Increase understanding for the Task Force of the City of Englewood’s target unit number for affordable
housing based on Prop 123 as it relates to the Root Policy identified housing unit gap
Highlights -
• Revised the strategic vision statement to prioritize inclusivity and broad accessibility
• Defined terms like sustainable, affordable, accessible, and diverse
• Raised questions about desired outcomes and target demographics for affordable housing
• Identified likes, wishes, and wonders regarding solutions
Reflections -
I Like
• The education provided
• The clarifying conversations
• Guest speakers
• The presentations by Root
Policy and John about Prop
123
• That we have wonderful Task
Force members
• The questions being asked
• The informed presenters
• The depth of information
presented by Root
• How unique Englewood is
I Wish
• For more of the same
• We had more detailed
numbers
• I had a better understanding of
the existing affordable housing
in Englewood and how we
would go about presentation
• Affordable housing was
attainable
• I had opportunities to ask
presenters more questions
• We’d look more into examples
of successful affordable
housing programs in other
cities
• Housing had the same budget
as the defense budget
• I knew exactly how AMI is
calculated along with poverty
guidelines
I Wonder
• If we could have time to
discuss what are the residents
willing to tolerate and the pain
points
• What recommendations we
will make
• How ready and eager builders
are
• If we can coalesce support
around affordable housing
• Where we will find the space to
add more to Englewood
• If the Task Force will make
final recs with unanimous
decisions or voting
• If we can adopt a sufficiently
robust Inclusionary Housing
Ordinance (IHO) (better than
Littleton’s by 5%)
• If there are other factors out
of our control that impact
affordable housing and how
we address them
THE WORK
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City of Englewood Affordable Housing Task Force Report 11
MEETING #4
SYNTHESIS
MARCH 7TH 2024
Learning Objective(s) -
• Increase knowledge on how other cities and housing authorities are addressing affordable housing for
homeownership.
• With home ownership being a goal of the AHTF, how are communities working to encourage owner-
occupancy?
Highlights -
• Approved the strategic vision statement:
“To ensure equitable access to affordable and diverse housing options for all residents of Englewood,
including seniors, low-income individuals, homebuyers, renters, and future generations, with a focus on
those struggling to afford housing costs. Our goal is to create a sustainable housing ecosystem that fosters
stability, encourages community investment, and contributes to the overall wellbeing of our diverse
community.”
• Explored how other cities promote owner-occupancy and preserve affordable housing
• Reflected on guiding principles for Englewood, including funding, zoning, and equity
• Discussed land banking and potential funding sources for affordable housing initiatives
• Identified likes, wishes, and wonders regarding solutions
Reflections -
I Like
• Learning about all the ways
communities are supporting
affordable housing
• The multitude of options
• The wide variety of methods,
approaches and programs that
are working
• ADU info
• Seeing how Denver allocates
funds for housing initiatives
• Learning about the multiple
programs offered by Habitat
• Learning about different
funding sources (City of
Denver) for affordable housing
projects
I Wish
• We would take the time to
listen to current resident
thoughts
• We would have learned more
about how Denver selects
whom to fund
• How these programs may or
may not be scalable for a city
the size of Englewood
• To see how other cities do ADU
- how ADUs affect cities over a
10 to 20 year span
• There was more public
awareness of the housing
crisis
I Wonder
• Will the Englewood
community be able to find
the “middle ground” to move
forward?
• Does the City of Englewood
have land to donate?
• How does ADU code work
or does it not work in
Englewood?
• What funds are available for
our recommendations?
• How could Englewood
source funding for affordable
development?
THE WORK
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• Learning about new affordable
housing projects in Denver &
how they are funded
• I liked the actionable,
replicable information about
what governments nearby are
doing to address affordable
housing.
• We could continue to hear
more stories of success/failure
of our neighbors in addressing
housing needs
• We learned how to fill the gap
between the need for housing
and options (and tweaks)
available
• We learned zoning impacts on
development
• I knew more about community
land trusts
• How many recommendations,
what should the scope be
and what will the reception/
implementation of the
recommendations for Council
be?
• How to identify needs and
strategies to enable solutions?
• What are the biggest barriers
to adding housing density in
the Englewood area?
City of Englewood Affordable Housing Task Force Report 12
I Like I Wish I Wonder
THE WORK
MEETING #5
SYNTHESIS
APRIL 4TH, 2024
Learning Objective(s) -
• Deepen understanding of how publicly owned sites might be considered as affordable housing construction
sites to inform a possible recommendation to City Council
• Explore how other cities have used private and non-profit/religious land sharing and acquisition to build
affordable housing; Overview what land is available in Englewood
Highlights -
• Delved into strategies for using publicly owned sites for affordable housing construction
• Explored options like land trusts, transfer taxes, and tax incentives
• Identified likes, wishes, and wonders regarding solutions
Reflections -
• Learning about Community
Land Trust (CLT)
• That we had more discussion
• Starting to discuss real
solutions
• The guest speaker
• Learning more about CLT
operate and preserve
generational affordability
• We discussed more about land
out there/city leverage
• I had more information about
trends and opportunities to
leverage in Englewood
• We learned more about what
the City of Englewood owns
• How Englewood can make
housing more affordable
without high density
• How much the fight against
density is racially motivated
• How we can utilize CodeNext
to bring responsible density
and affordability
I Like I Wish I Wonder
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• The idea of a transfer tax or
incentive for primary owner-
occupied residences
• Learning about CLT’s
• Learning more about
programs operating that
provide affordable housing
options
• There was a solution that
worked for everyone
• I knew what land the city owns
• I knew more about CodeNext
+ cottage house development
• I knew the possibilities of
enacting inclusionary zoning
in Englewood
• We’d learn more about
linkage/in-lieu fees
• If the Task Force could find
consensus on what density
actually means
• How a small city like
Englewood can create revenue
to fund affordable housing
• If there is a way to tax non-
owner occupied properties
differently
• What land Englewood may
have to donate to a non-profit
developer
• What funding for affordable
housing we could pass
through new tax/linkage fees
for developers
City of Englewood Affordable Housing Task Force Report 13
I Like I Wish I Wonder
THE WORK
MEETING #6
SYNTHESIS
MAY 2ND, 2024
Learning Objective(s) -
• Overview the landscape of codes and incentives and the impact on the City of Englewood
• Deepen understanding of:
– How codes affect affordability
– What the new code does and doesn’t allow for as it relates to affordability
– How does the legislative housing code decision impact decisions in Englewood
• Introduce possible menu of affordable housing incentives that would encourage developers to build AH
units and property owners to maintain affordable housing (AH) units
Highlights -
• Identified themes that might help shape future priorities/ recommendations for the City of Englewood
including:
– Incentives vs. requirements for developers
– Funding sources for affordable housing projects
– Need for renter-occupied vs. owner-occupied housing
– Inclusionary zoning
– ADUs
– Compromise
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• The multiple options of ADU
• Getting into the specifics of
housing/zoning policies
• Understanding the challenges
behind developing land that
the city currently owns
• Learning about the
opportunity to build mid-block
shared courtyard units
• The presentation
• The idea of a land trust
partnership with neighboring
cities
• The idea of another meeting
about land
• The review of how CodeNext
fits into plans for density and
affordability
• Learning about new lot types
allowed in CodeNext
• I knew more about city-owned,
under-utilized properties
• I knew a little more about
Littleton’s inclusionary zoning
policy and what effects they
have seen
• There was more info on the
amount of density the new
ADU terms will create
• I knew what incentives could be
for people to build ADUs to rent
• We could figure the best way
to bring affordable housing to
Englewood and we focused
more on Englewood
• We learned about more city-
owned sites with potential to
build housing, even if it’s not
zoned for housing now
• We could explore funding
options, donors, and ways to
generate $ to help with all of this
• A more in-depth look at city-
owned property was taken,
not just undeveloped lots
• I knew how the affordable
housing on the city-owned
sites would work (land trust,
deed restricted to AMI, etc.)
• There is enough info for home-
owners about ADUs
• How our recommendations
will be structured and
presented to City Council
• If the conversation with
Sheridan on the land
redevelopment/ reuse should
be a top priority
• If there is land Englewood can
buy that they don’t own
• If utilizing modular homes for
primary and ADUs would make
housing affordable
• How much parking around the
civic center and adjacent retail
actually gets used and if it
could be zoned for housing
• CodeNext allowed for more
bifurcation of lots to allow for-
sale ADUs/cottage houses
• How the political views of
property rights conflict with
rezoning, upzoning, density,
and affordability
• If cottage zoning would work
for Englewood
City of Englewood Affordable Housing Task Force Report 14
I Like I Wish I Wonder
THE WORK
– Land banking (Non-profit, Government owned opportunities)
– Tenant protection/stability
– Community partnership
– Housing continuum options
• Identified incentives and product recommendations should the city council consider:
– Land banking partnership with Sheridan
– Emerson Site #1
– Community land trust/housing
– Authority overseeing cottages to incentivize ADU’s
– Adaptive reuse and redevelopment options in the city
– Exploring other site options leverageable as real estate
Reflections -
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MEETING #7
SYNTHESIS
JUNE 6TH, 2024
Learning Objective(s) -
• Deepen understanding of whether inclusionary zoning might be a strategy that city council pursues and
how change fees are connected
Highlights -
• Reflections on inclusionary zoning and linkage fees presentation:
– Table of Inclusionary Housing Policies was informative to the neighborhood we might want to land on
– Would like to know numbers on the density that cottage housing will add per block
– Did the state just pass a parking law? How different is that to what the City of Englewood has in place?
(Title 16)
– CPR Article - There wasn’t much that set out to improve affordable homeownership [focus has been on
affordable rental for some time]. Community needs to be pushing their representatives to address this
• Discussed what opportunities there may be for the city of Englewood:
– Identifying the logic of linkage fees - As growth occurs and developers make money, they should
contribute a fee
– Revisiting housing needs assessment as a cross reference
– Involuntary inclusionary zoning makes sense for Englewood since there isn’t a lot of land
– What is the city already doing outside of CodeNext? - Bryan Isham covered everything that is “incentive
based” at the May AHTF meeting
– Longmont’s toolbox quadrant slide and their approach -
■ Revenue
■ Source of funding
■ CodeNext - only one Englewood currently has
■ Way to generate units
– Requesting a menu of options from staff as the AHTF
begins to identify their suggestions -
■ Clarity from council
■ Scaffolding for associated interventions
– Understanding what altitude you want to use to
inform your decisions
City of Englewood Affordable Housing Task Force Report 15
THE WORK
Table of Contents <<
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City of Englewood Affordable Housing Task Force Report 16
THE WORK
Reflections -
• The expert analysis and input
from Root Policy & City of
Longmont
• That I am finally able to
understand the terms and can
truly lean in
• Learning how other Colorado
communities have financially
benefited from linkage fees
• Learning about nearby cities’
AH strategies
• The connections I am making
with other committee
members
• Learning more and more
options
• Getting feedback from
other cities’ experience with
Inclusionary Zoning/ Housing
• Discussing our opinions and
perspective from what we’ve
learned
• Tasha!
• We knew more of the history
of affordable housing in
Englewood - the efforts,
challenges, successes, and
failures.
• We could have a CodeNext
refresher but appreciate the
offer to be clearer on Council
ask
• I knew who owns all the
mostly empty parking lots
between civic center and
Broadway and if there are
opportunities for affordable
housing there
• I understood more about how
fees in lieu are used by cities
• That we are able to make true
differences in the affordable
housing options in Englewood
• I knew more about what
nearby communities are doing
with this issue
• I knew more clearly what
Englewood’s affordable
housing priorities are
• How solid is the commitment
from the whole of city
council (and the citizenry) to
furthering affordable housing?
• If the task force will be able to
have recommendations that
all can support?
• What possible funding could
we find for affordable housing
in Englewood?
• If linkage fees would make
sense in a city as built-out as
Englewood?
• How many single-family
homes in Englewood are
rentals and how we can
incentivize rent-to-own
possibilities?
• How much money is
Englewood putting towards
affordable housing?
• In retrospect, what impact on
affordable housing numbers
would a hypothetical 8%
inclusionary zoning ordinance
have had on Englewood in the
past 5 years?
• How inclusionary zoning has
been applied to similar, infill
developments?
• What tools are out there that
are less common or that we
have not discussed?
I Like I Wish I Wonder
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Page 24 of 371
City of Englewood Affordable Housing Task Force Report 17
THE WORK
MEETING #8
SYNTHESIS
JULY 11TH, 2024
Learning Objective(s) -
• Overview how partnerships might be a tool to address affordable housing in Englewood
• Explore how cities are leveraging private sector developers with low income tax credits (LITC) and housing
authority resources to create more units
• Brainstorm strategies the City of Englewood might pursue to utilize regional resources and partnerships
Highlights -
• Discussed insights into inclusionary zoning and linkage fees:
– Having collaboration is important between different groups
– Key for readiness (building the strategic vision)
– Collaboration can bring in funding (Prop 123) navigation
– Brings experience
– Essential for the size of Englewood
– Using incentives to bring in the right collaboration (money, ease of project, etc.)
– Importance on leadership collaboration
– Partnerships with support from all parties
– The City of Englewood creates incentives to make it interesting for developers to want to build
affordable housing (i.e. money, permits, parking reductions, pre-selected land sites, etc.).
Reflections -
• Developers like Troy Gladwell
with Medici Communities
• Tro y
• How much money and
programs are out there to
support affordable housing
development
• Discussing what we’ve learned
in groups. Also the sandwiches
are nice
• Learning about the
possibilities with Prop 123
• There were more developers
like Troy
• There were more options for
ownership (tiny homes area)
• Those responsible for
choosing developers to choose
the best developers to build
homes in Englewood
• I knew more about how our
recommendations will be
drafted (process-wise)
• We had more of a solution
for preserving existing single
family homes in Englewood as
affordable.
• What is the biggest challenge
for non or for-profit developers
in Englewood?
• How can we get more
developers to apply for
projects in the city?
• How to attract more
developers like Medici?
• If Englewood will qualify for
Prop 123 funds?
• What areas are Englewood
eyeing for development?
• What does DOLA’s program
look like?
I Like I Wish I Wonder
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City of Englewood Affordable Housing Task Force Report 18
THE WORK
• The level of understanding
I have developed about
different affordable housing
solutions
• Great presentations from
those doing the work.
Colorado Housing and Finance
Authority (CHFA) - funding,
Troy - developing
• Learning about past successful
private/public partnership
projects in Englewood
• There were better city-owned
properties that were available
for development as affordable
housing
• We talked more about
what Englewood can do to
encourage the right kind of
development
• Homeownership had as many
tools as rental
• The process for receiving
funding wasn’t so competitive
• What nonprofits could the city
work with to apply for Prop
123 funding next year?
• What funding could we find for
our recommendations in the
Englewood city budget?
I Like I Wish I Wonder
MEETING #9
SYNTHESIS
AUGUST 1ST, 2024
Learning Objective(s) -
• Build knowledge on different options for city council to build and preserve affordable housing
• Exploration of regional approaches underway for how other cities and housing authorities are preserving
existing affordable housing units, both rental and ownership.
Highlights -
• Reflections on partnership opportunities -
– There are a ton of partnerships we can have, how do we help that ecosystem?
– How do you navigate these resources that are out there?
– The partnerships that we create can mend a gap for all groups
• Ideas for opportunities from Peter Lifari (Maiker Housing Partners CEO) -
– Pathways and tradeoffs to achieve these goals
– Design competition-sessions to create these housing ideas
– Tri-city land use (Littleton, Sheridan & Englewood)
– Revisiting CodeNext - Fast Track Permits
– “Free Tools” that the city can use
– Asphalt/open sites that could be utilized
– Compromise - working together
– Cottage housing (mixed-use)
– Rising the AMI or income restrictions ($120,000)
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City of Englewood Affordable Housing Task Force Report 19
THE WORK
Reflections -
• Group discussions
• This presentation and some
recommendations; called out
that “this will be hard”
• That we are past the learning
segment
• Hearing Peter LiFari’s solutions
and ideas; very thoughtful
• The presentation today
• Giving our individual thoughts
as well as a group following
the presentation
• Peter’s explanation of how
adding supply to the market
is critical to helping make all
housing more affordable
• The idea of a middle housing
authority to help all people
find/sustain housing
• I knew where we’re gonna end
up!
• There were more
opportunities for “light”
and “middle” density in
Englewood
• We could find ways to lower
costs to build in Englewood to
attract developers
• We had more time and focus
on Englewood
• The community could
understand the urgency of this
housing crisis
• There was one document
that included all financing/
incentive options
• These efforts were not so
localized
• We had more time to hear
from more industry experts
• If the Englewood community
can come together to make
this a vibrant community
everyone is proud to live in
• How we get the community to
listen and compromise. How
do we build these “bridges”?
• Whether we could further
increase density in single
family zones
• How many homes could be
built in the immediate vicinity
of the Englewood Town Center
• What is possible with the right
priority
• What should be done with a
large site like CityCenter to
create a diverse community
• What we could use from San
Diego Complete Communities
Plan in Englewood
• If one meeting is enough to
draft recommendations
I Like I Wish I Wonder
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Page 27 of 371
City of Englewood Affordable Housing Task Force Report 20
THE WORK
MEETING #10
SYNTHESIS
SEPTEMBER 5TH, 2024
Objective -
• Begin the process of co-creating recommendations
Meeting Focus -
• Overview summary of what we’ve learned to date
• Brainstorm the highest impact areas/strategies that the City of Englewood can employ aligned to our
strategic vision
Making Sense -
Common Themes from Insights
• Inclusionary housing is equitable for ALL Englewood residents
• Incentivize vacant land owners (fee in lieu)
• Potentially taxing vacant spaces more or provide incentives to give up vacant spaces
• Policies to curb gentrification
• Renter to Owner’s assistance (partnership opportunities) - CHFA
• Revenue stream (sales tax) - long-term funding for affordable housing
• Investment from all sides
• Prioritizing Englewood residents
• Linkage between housing and schools, economy, etc.
• Benefits the whole community - need healthy and diverse
• Many options - no silver bullet
• System built on scarcity -market driven solutions alone
won’t solve it
• Affordable housing is a wealth building strategy
• Englewood doesn’t have a cohesive plan - important to
note this starting place
• Different sources of funding - successful cities had
funding and staff
• Structure of the toolkit - have city council outline a toolkit
• Intentional partnerships matter - especially locally
• How will implementation work (eg. Affordable Housing
Committee?)
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City of Englewood Affordable Housing Task Force Report 21
THE WORK
Questions
• What scale and cost are viable?
• Economics around the solutions?
• What are the options beyond highly-competitive dollar’s?
• What does the city council want - are they aligned on a vision?
• What can the city accomplish on its own and what requires a vote?
• Will recommendations come at a political cost?
• What’s the city willing to invest?
• Who’s responsible for implementation?
• What should be the format of recommendations?
• Will there be dedicated staffing and funding?
• Can we partner with other metro cities so as not to compete for funds?
• Can the City of Englewood have right of first refusal on land purchases?
• Inclusionary Zoning Policy (regulations and taxes or incentives in the zoning code)?
Initial Brainstorming Recommendations -
Acquisition and Use of Land
• Obtain land/lots/buildings that are empty or not being used so we have an ability to start creating
affordable options, including single-family homes, condos/apts, townhouses/rowhouses
• Land trusts
• Strategic donation of land to address highest needs—find donors?
• Strategically acquire the most needed housing options and partner with housing authority for tax incentives
and preservation
• Right of first refusal for the city to acquire certain properties that go up for sale, once an affordable housing
(AH) revenue stream is established
– Can we buy these up? Give an option—sell or be taxed?
• How can we facilitate/collaborate with existing land trusts more?
• Create a land trust or municipal bonds
– Maximize leverage of Prop 123, LIHTC, etc.
• Incentivize landowners to sell or dedicate property for affordable housing
Zoning and Development Initiatives
• The city should establish 99-year land leases for new builds, including rentals and buyers
– City needs to dedicate a staff/division to manage a land lease, as the 99 years will outlast the current
council/city staff
• Allow for more lot subdivision in the city and two-unit development in all zones, except R-1—leave R-1
zoning alone
• Outlaw new builds for single-family homes
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City of Englewood Affordable Housing Task Force Report 22
THE WORK
• Create zoning incentives specifically for affordable housing
• Continue to push for an increase in zoning density allowances, especially for middle density
• Eliminate parking minimums
– Parking minimums will be eliminated by state bill—density and height restrictions and fast approval
could be offered
• Strategic zoning changes like cottage homes and dividing corner lots
• Streamline ADU approvals (template plans?)
• Fast-tracked development approval for affordable projects
• Implement a hybrid model of Inclusionary Zoning Ordinance (IZO) with linkage fees and developer
incentives
• Mandatory inclusionary policy with a fee-in-lieu
• Make changes to zoning/building/tax codes to advance affordable housing
• Is there any way to counteract state legislation that makes condo development so expensive?
• Address practices and policies that oppose affordable housing, short-term rentals, and corporate
ownership of homes
• Prohibition or regulation of short-term rentals (AirBnB)
Financial Strategies and Revenue Sources
• Create dedicated revenue for long-term impact on affordable housing
– Ideas for funding: linkage fee, property tax, sales tax, transfer tax or real estate sales
• Property tax relief for land placed in a land trust
• Where are revenue stream options?
• Levy fees on short-term rental (STR) owners and AirBnB
• AirBnB licensing fee and tax
• Create a housing fund supported by developer fees and STR taxes
– Alignment with our neighbors for regional approach (Littleton and Denver)
– An effort that creates units into the future as the city changes
– Customizable in requirements
• Transfer fee on any non-owner occupied real estate transactions (or restrict corporate home purchases)
• Vacancy taxes on unused properties (residential and commercial)
• Create a new tax to fund affordable housing initiatives
• Explore bonds and tax abatements for affordable housing projects
• Implement a commercial linkage fee
• Increased licensing fees for entities owning more than one rental in the city
• Levy fees to developers/short-term rental owners to fund affordable housing—linkage fees
• Tax AirBnBs
• Invest in affordable housing—allocate general funds to this purpose
Table of Contents <<
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City of Englewood Affordable Housing Task Force Report 23
THE WORK
Rent Control and Tenant Protections
• Rent control or modern versions of it
• Renter Bill of Rights/protections
• Temporary rent and utilities assistance
• Additional tenant protections: eviction protections, limits on fees, exorbitant increases, and unfounded
claims of damages
• Additional restrictions on landlords/exorbitant increases, exorbitant application/misc. fees
• Include eviction protections
• Down payment assistance (Fund 46?)
• Eviction and foreclosure legal services
• Protections for tenants, additional assistance
Partnerships and Collaboration
• Strengthened partnership with land trusts
• Partner with local banks to provide low-interest loans or below-market interest rates for residents and
affordable housing developers
• Partner with nearby cities to apply for grants and pool awards
• Partner with housing authorities for tax incentives and preservation of housing options
• Ongoing housing committee to inform and direct efforts
• Collaborate with developers and nonprofits to make affordable projects more feasible
• Work toward a tri-city or tri-county (regional) task force
– Only pursue Prop 123 funding if it is with a regional partnership like this
• Intergovernmental Agreement (IGA) to share housing resources since they impact all
• Collaborate with Littleton and Sheridan to partner on housing efforts
• Network with developers and nonprofits
Public Engagement, Education and Advocacy
• Be bold, transparent, and creative in educating the community and state about the housing crisis
• Public education on renter protections and affordable housing solutions
• Host a community design-build competition to include innovative ideas
• Establish and publicize a cohesive vision or mission for Englewood’s approach to affordable housing
• Get creative and proactive—grow risk tolerance
• Establish/adopt a cohesive vision or mission statement for Englewood’s approach to affordable housing
Table of Contents <<
Page 31 of 371
City of Englewood Affordable Housing Task Force Report 24
THE WORK
Staffing and Capacity Building
• Ongoing housing committee to continue investment work
• Allocate staff or create a department focused on affordable housing efforts
• Create a position to help facilitate affordable development and navigate tax credits and
funding opportunities
• Ensure staff is dedicated to enforcing the strategic vision for affordable housing
• Allocate a staff/department to focus on affordable housing and regional approaches
• Allocate a full-time staff member to search for and apply for funding (grant writing)
• Allocate staff to enforce strategic vision
• Position added to facilitate affordable housing development
• Add a city employee to manage affordable housing processes
– Help navigate state, federal tax credits
– Network with developers and nonprofits
– Make affordable projects more feasible
Inclusionary Housing
• Ensure inclusionary housing includes a diversity, equity and inclusion (DEI) component
• Create homeownership opportunities for renters, especially those impacted by corporate-owned housing
• Missing middle typologies, workforce, and senior assisted living
• Public housing options for city employees, including teachers
• Address greatest needs the city should focus on: missing middle housing, senior living
• Address gentrification and displacement concerns, which are accelerating
• Ensure inclusionary housing includes lower-middle class (140% AMI isn’t equitable)
• Shelter and services for unhoused
• Explore right of first refusal for residents to acquire housing within the city (needs to be paired with down
payment assistance (DPA) or subsidy)
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City of Englewood Affordable Housing Task Force Report 25
THE WORK
Addressing Regulatory Barriers
• Address practices and policies that oppose affordable housing, short-term rentals, and corporate
ownership of homes
• Explore ways to reduce permitting fees and streamline development processes
• Expedite permitting for affordable housing developments
– Fast-tracked development approval for affordable projects
• Explore ways to counteract state legislation that makes condo development expensive
• Defect insurance pool
• Streamline ADU approvals and development fast-tracking for affordable housing
• Make Englewood fertile for affordable housing development
• Reduce permitting fees and property taxes for certain housing types/AH
• Implement a streamlined permitting process for ADUs and variance for affordable housing
• Address inefficiencies in permitting that make development expensive
– Establish permitting efficiencies—does it involve hiring more staff?
• Policies to combat land speculation that is going to be ramping up even more
• Allow for more lot subdivision in the city and two-unit development in all zones
• Explore single-stair reform (single point access) and discuss with local fire department on how that could
be accepted
• Outlaw algorithm-generated property value estimates
Approach to Co-Creating Recommendations -
STRATEGIC VISION
POLICY STRATEGIES Fund | Build
MENU OF OPTIONS More Detailed
RECOMMENDATIONS
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City of Englewood Affordable Housing Task Force Report 26
THE WORK
Alignment -
“Struggling to understand a wide range of foreign or opposing ideas is not a pleasant experience. Group
members can be repetitious, insensitive, defensive, short-tempered - and more! At such times most people
don’t have the slightest notion of what’s happening. Sometimes the mere act of acknowledging the existence of
the Groan Zone can be a significant step for a group to take.”
- Community at Work, 2014
Reflections -
• I like the conversation on
how much Englewood
will invest to further these
recommendations
• I like the structured
brainstorming exercise
• I like the consensus-building
diagram
• I like talking about practical
tactics to increase affordable
housing
• I like getting more clarity
on the intent of our
recommendations (what we
should do, not what we can
do)
• I like that we are starting to
form concrete ideas for a
solution
• I wish we had examples of
how recommendations can be
formatted
• I wish the Englewood voters
were more open to assistance
for affordable housing
• I wish more of the task force
members were here
• I wish we had more examples
of revenue streams to consider
• I wish we had more economic
information
• I wish more of our group with
opposing views had been here
to brainstorm solutions
• I wonder if we will be able
to get most of our ideas
implemented (community
support)
• I wonder which strategy will
have the biggest impact
• I wonder how we reach
consensus in small groups
• I wonder what the inevitable
ensuing conflict will be
• I wonder if Englewood can
find a way to get more grant
awards
• I wonder what points we will
agree and disagree on
I Like I Wish I Wonder
DIVERGENT THINKING CONVERGEN
T
THINKINGGROAN ZONE
TIME DECISION POINT
Familiar Opinions
New Topic
Diverse Perspectives
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City of Englewood Affordable Housing Task Force Report 27
THE WORK
MEETING #11
SYNTHESIS
OCTOBER 3RD, 2024
Objective -
• Refine Drafted Recommendations
Meeting Focus -
• Small groups to present their recommendations for questions and feedback from larger task force
Recommendations: Refinements, Questions & Constraints/Objections -
• Ratio of ‘y’ to ‘x’ should be high • We need to make
constructions of ADUs
affordable (streamlined)
before we can require
affordability on the re-sale of
them
Refinements Questions Constraints/Objections
Recommendation #1
Allow additional small lot development capacity. Allow sales of units on the same lot (eg. ADUs) if they are
tied to an affordability requirement. (Eg. If ‘x’ number of units are allowed on a lot, ‘y’ of them should be
affordable.)
• Consider mandatory
inclusionary policy (similar
to Littleton) in addition
to exploring reducing or
eliminating parking minimums
by the city could be included in
“Build” tools
• Reducing life safety code
cannot be an option
• Don’t go too crazy stripping
code/zoning rules and
consider carefully. Most of
them exist for a reason
Refinements Questions Constraints/Objections
Recommendation #2
Make it as easy as possible for affordable housing developers of all types to build and deliver units.
BUILD
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City of Englewood Affordable Housing Task Force Report 28
THE WORK
• I want to know what
Englewood’s final number of
affordable housing we need -
how many we have?
• Only if affordable. It is not this
simple as can be seen where
new market rate units have
been built
Refinements Questions Constraints/Objections
Recommendation #3
Allow the construction of more housing of all unit types. More units=less price
• Maybe we could spend more
time fleshing out what we think
Englewood should be. Impart
our mission into this campaign
• Density is coming one way or
another - Englewood will not
stay at 5,200/mi. This is our
chance to shape what that
density will look like
Refinements Questions Constraints/Objections
Recommendation #4
Develop a community education campaign to convey that higher density (for affordable housing) can
work, and build upon Englewood’s unique characteristics.
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City of Englewood Affordable Housing Task Force Report 29
THE WORK
• But $500-$800k seems to be
market rate right now. Why go
out of our way to build more in
this price range?
• How do these unit types
compare or fit with the needs
assessment/ What is the
quantity goal?
• Why does this feel like a safety
risk? Single stair buildings
(historically it seems) safety is
willingly compromised when
it comes to anyone/anything
geared towards low income.
Just a thought
Refinements Questions Constraints/Objections
Recommendation #5
Aim for additional amounts of these housing types:
• Small scale apartment/condo buildings (8-16 units)
• $500-$800k units for people/families that fall just above AMI income limits
• Build 1,500-2,000 sq. ft. affordable units that can accommodate families
• Explore the future feasibility of legalizing point access - block/single stair buildings
• Fund this
Refinements Questions Constraints/Objections
Recommendation #6
Acknowledge that the housing spectrum includes the need for transitional housing in Englewood.
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City of Englewood Affordable Housing Task Force Report 30
THE WORK
• Great opportunity to tie in new
city staff position
Refinements Questions Constraints/Objections
Recommendation #1
In order to maximize affordable housing unit development, the city needs to have a predictable,
consistent, dedicated affordable housing fund for the following purposes:
• Forge partnerships with affordable housing developers and community land trusts
• Leverage federal and state grant funding
FUND
• Can a retail license fee be
graduated, so that there is an
incentive for affordable rentals
including single-family home
rentals?
Refinements Questions Constraints/Objections
Recommendation #2
Fund 46, the city community development block grant fund, may serve as a home for expanded affordable
housing programs, or could be tapped for initial startup source of funding.
• Can we provide more details
on how this can be limited or
reduced for affordable units or
projects?
• Would love to see this analysis
to better understand impacts by
area and positives/negatives.
• Would love to know more
about how this could be used
or expanded and how it’s
administered.
• How has a transfer tax been
successful in other cities?
Refinements Questions Constraints/Objections
Recommendation #3
The city should conduct a formal analysis of a number of diverse funding sources to enable a predictable
and consistent supply of revenue, similar to Denver model below:
• Linkage (impact) fee on new development
• Inclusionary zoning fee-in-lieu
• Dedicated property tax
• Dedicated sales tax (pending 2024 vote)
• Discretionary general or other city fund supplementary contributions
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City of Englewood Affordable Housing Task Force Report 31
THE WORK
Refinements Questions
Constraints/Objections
Recommendation #1
Create an affordable housing committee within the city and a person at the city whose job it is to find the
money for housing programs and research/implement housing policies/programs.
• This person would also take a regional approach (eg. Tri-cities)
ASSIST & PRESERVE
• Additional renter protections
and restrictions on landlord
charging exorbitant fees/rent
increases
• Eviction legal assistance?
• Temporary rent/utilities
assistance?
• Additionally, create a landlord
assistance program that helps
small landlords maximize
natural affordability
Refinements Questions
Recommendation #1
Assist families to become homeowners.
• Work on partnerships with the city and banks to develop lower-priced homes for sale
• Incentivize people to sell affordably - create a program to incentivize or identify people who have
land or homes to sell at a reasonable price
• Pay a transfer tax for rental property, no tax for primary homeowner. Tax becomes a funding stream
• Focus on non-owner-occupied properties to collect a revenue stream and/or incentivize to not have it
as a rental/AirBnb
• Create a funding stream for homeownership down payment
• Review options for current renters in Englewood to enter into homeownership
ASSIST
Constraints/Objections
• My objection is touching the
rental market - hands off
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City of Englewood Affordable Housing Task Force Report 32
THE WORK
Constraints/Objections
• 80% AMI-120% AMI
• Looking at creating our own AMI
guidelines that take into account
inflation (eg. purchasing power
of $1 is down from 2010 to
$0.80) How can we do this? What
can we look at?
• Have we looked at housing
programs like “Good Neighbor”?
Refinements Questions
Recommendation #2
Identify the groups of who should be assisted: Renters, developers, homeowners, seniors, homeless,
businesses, future generations, etc.
• Prioritize the gaps/groups presented in the study - renters to have subsidized units for lower AMI
(30%) and homeowners have assistance for homeownership (80% AMI)
• What are the AMIs and income levels for Englewood when determining who qualifies for assistance?
Federal levels don’t seem right. Explore the possibility of creating a separate AMI evaluation for
Englewood to see if we should use different income levels vs. Denver Metro AMI for locally-funded
programs
• This may create complication
and confusion and
present conflicts for LIHTC
developments, all for what
might be small impact
Constraints/Objections
• I’m curious if this might pick
winners and losers based on
who has (or can have) kids?
• Can we tie community land
trusts to assistance?
Refinements Questions
Recommendation #3
We know there is an impact on schools when there is housing instability.
• Find avenues for renter families with school-aged children to enter into homeownership
Constraints/Objections Refinements Questions
Recommendation #4
Tenant Equity Vehicle will help families achieve housing stability
• Create a program, maybe some percentage of rent, that would go into a savings account while they
are renting
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City of Englewood Affordable Housing Task Force Report 33
THE WORK
• I predict zoning will be dictated
by the state soon. How do we
pivot?
Refinements Questions
Recommendation #1
Modify/create code that preserves affordable housing without upsetting people who were unhappy during
CodeNext process and with code changes.
PRESERVE
Constraints/Objections
• Fund rental assistance (federal
$ available) and eviction
prevention programs
• How can we convert some of
our rentals to private owner
occupied units?
Refinements Questions
Recommendation #2
Preventing displacement for families who currently own or rent in Englewood.
• Financial help for families to stay in their homes - not necessary for repairs but for unexpected
financial issues.
Constraints/Objections
• What deed restriction tools
should we discuss or highlight?
Refinements Questions
Recommendation #3
Incentivize owners and affordable developers to preserve housing/build gently.
• Preserve small/starter homes through zoning and allow NOAH ownership opportunities
• Use deed restriction tools
• Keep some R1 zoning
Constraints/Objections
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City of Englewood Affordable Housing Task Force Report 34
THE WORK
MEETING #12
SYNTHESIS
NOVEMBER 7TH, 2024
Objective -
• Refine Drafted Recommendations
Meeting Focus -
• Small groups to continue refinement of recommendations
Recommendations: Refinements
Recommendation #1
Increase opportunities for small lot development by allowing sales of units (ADUs, cottage houses) on the
same lot. To support this, streamline the lot division and entitlement process. Ensure that if a lot allows
multiple units to be sold, that a percentage of the units be designated affordable.
BUILD
Recommendation #2
Make it as easy as possible for affordable housing developers of all types to build and deliver a variety of
housing units by creating a full time position to champion the cause and bridge the gap between public and
private partnerships.
Recommendation #3
Develop a community education campaign to convey how higher density for affordable housing can work
and build upon Englewood’s unique characteristics.
Recommendation #4
Strive to increase supply of these affordable housing types:
• Single family
• Missing middle
• Multifamily
• Transitional
• Permanent supportive housing
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City of Englewood Affordable Housing Task Force Report 35
THE WORK
Recommendation #1
In furtherance of the AHTF Strategic Vision , the city needs to create a predictable, consistent and dedicated
affordable housing fund. This investment in funding will better position Englewood to secure partnerships
and leverage other funding sources to create and preserve affordable housing. The city should analyze
multiple proposed funding sources (summarized below) to determine their potential revenue amount and
path to implementation. Proposed funding sources include but are not limited to:
• Linkage fee on new development
• Inclusionary zoning fee-in-lieu
• Dedicated property tax
• Dedicated sales tax
• Discretionary general or city fund contributions
• Progressive real estate transfer tax
• Rental licensing fees
Prioritize funding sources that spread impact over multiple stakeholders and leverage those profiting from
the sale and ownership of property in Englewood.
FUND
Recommendation #2
Create a body to provide recommendations for implementation and consistent oversight of funding provided.
At the beginning of its formation and subsequently every three years, the body should provide recommended
priorities for how funding should be allocated, based on Englewood’s housing needs.
Recommendation #1
Look at Regional/ County approach to open opportunities for new funding and grants.:
• > 120/IHO/ Fee-in-Lieu Supported
• > % of permit fees
ASSIST & PRESERVE
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City of Englewood Affordable Housing Task Force Report 36
THE WORK
Recommendation #1
Create one affordable homeownership program to connect would-be buyers to all possible assistance
programs.
ASSIST
Recommendation #2
Leave short-term rental verbiage in so that the intention is still clear, but focus on bolstering enforcement
of non-owner occupied STRs. Create a city position to figure this out/do research. Offer sellers a listing fee
rebate and/or tax credit for selling affordability.
Recommendation #3
Remove the separate AMI recommendation. Look to county resources for eviction and legal assistance.
Determine guidelines for who qualifies. Live/work preference.
Refinements
• What is Englewood’s plan to implement HB 24-1175?
• ROTFR of affordable units?
Recommendation #1
Permit/tax credit to subsidize second “affordable” unit. Partner with prefab manufacturers and pass savings
on to buyers/renters.
PRESERVE
Recommendation #2
Define 100% affordable as all units are affordable to 60% AMI or below - or 30% income-to-rent ratio.
Recommendation #3
Find the money. Focus on what developers feel is “easy” about working with Englewood on affordable
development.
Recommendation #4
Focus on development of cottage homes/condos as senior housing options. Partner with Mally Recreation
Center for support. Live/Work preference. School enrollment preference. We can have preference but cannot
exclude. Focus is on ties to the community, and multi-generational households.
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City of Englewood Affordable Housing Task Force Report 37
RECOMMENDATIONS
PROCESS
The task force began to meet in small groups at meetings beginning in September of 2024 in order to outline
the scope of their recommendations. The goal of the small group discussions was to develop a series of
recommendations that the entire group could consider and forward to the city council.
SUBCOMMITTEES
Subcommittees of the task force were formed to focus on strategic actions that could be considered, based on
the following categories:
• Build
• Assist/Preserve
• Fund
Each group met separately to develop strategies that would encourage more affordable housing to be built in
the community, identify the types of households that could be targeted for housing opportunities, strategize
ways to preserve existing affordable housing, and develop funding mechanisms to support the provision of
affordable housing in the future.
GUIDING PRINCIPLES
The task force recommends that as city council develops approaches to address the complex challenges of
creating more affordable housing for the City of Englewood, that the following principles guide their approach
and work.
Data Driven – Ensure a strategic approach by referencing the City of Englewood Housing Assessment to help
inform priorities and specific metrics. Ensure that housing assessments are conducted on a periodic basis.
Commitment of Investments – Invest sufficiently in staff and resources to further these recommendations and
leverage new outside sources of potential funding.
Get creative – Expand all kinds of housing options and programs. Think outside the box. Bring in lots of
various partners.
Engage and Inform the Community – Tell the story of why Englewood will benefit from affordable housing.
Engage the community in co-creating additional solutions, programs, and identifying needs that may not be in
the needs assessment. Find the gaps. Get people on board.
Go Deep – Acknowledge that this is a crisis and needs deep focus and attention. Affordable housing should be
a key focus of Englewood policy and resources. Address the entire housing continuum. Transitional housing to
permanent supportive to seniors/veteran/special needs to affordable rental, to workforce and affordable
home ownership.
THE WORK
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City of Englewood Affordable Housing Task Force Report 38
RECOMMENDATIONS
Administrative and Organizational
Resource a full-time Affordable Housing Coordinator to:
• Champion affordable housing initiatives
• Facilitate public-private partnerships
• Oversee funding requests and allocations
• Provide annual reviews
Community Engagement
Create an advisory board to provide ongoing support and governance to advance the initiatives.
The advisory board would:
• Help assist the initiative with implementation and recommendations
• Monitor funding allocations and success
• Review priorities and policies based on changing housing needs
Develop community education campaigns to:
• Demonstrate benefits of higher-density affordable housing
• Show compatibility with community characteristics
• Build public support for initiatives
Funding
Conduct a thorough analysis of funding options and prioritize funding sources that:
• Distribute impact across multiple stakeholders
• Leverage profits from property sales/ownership
• Support sustainable affordable housing development
Create a dedicated affordable housing fund that raises predictable and consistent funding from a variety of
sources. Proposed funding sources include but are not limited to:
• County and state funding options
• Linkage fees on new development
• Inclusionary zoning fees
• Dedicated property/sales tax options
• Progressive real estate transfer tax
• Rental licensing fees
• Discretionary general fund or community contributions (EDDA)
THE WORK
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City of Englewood Affordable Housing Task Force Report 39
Development Initiatives
Streamline development processes for existing policies and allowances to create time and cost savings.
These should include:
• Small lot development opportunities:
– Continue to allow and expand ADU and cottage house development on single lots
– Require some form of affordable unit designation for multi-unit lots or fee-in-lieu
– Allow in certain zone districts a lot division process that will allow sales of small lots/ADUs spurring
additional ADU and cottage house development
Support development of diverse housing types including:
• Single family homes – tax credits for affordable units
• Missing middle housing – allowing multiple units and small apartment buildings in certain zone districts,
if affordable. Require a meaningful percentage of units, such as 25%, to be affordable, or pay a significant
fee-in-lieu
• Multifamily developments – require a meaningful percentage of units, such as 25%, to be affordable, or pay
a significant fee-in-lieu
• Transitional and permanent supportive housing – look at zoning to allow locations for additional
transitional and supportive housing
• Incentivize affordable development and sales by:
– Encouraging the construction of ADU’s by implementing HB 24-1152 and similar strategies and ensure
ADU’s are not used as short-term rentals
– Streamlining processes for affordable housing that developers find “easy” to work with
• Implementing seller incentives if sold affordably:
– Listing fee rebates
– Tax credits for selling at affordable rates
• Partnering with manufacturers (modular/prefab) to reduce construction costs
Community Support and Access Programs
Preserve existing affordable housing by:
• Implementing HB24-1175 giving a nonprofit designee the right of first refusal for existing affordable
multi-family homes up for sale
• Enforcing current short-term rental policies, evaluate future short-term rental policies, and investigate
potential fraud and how it might impact affordable housing
• Addressing the growing corporate and non-resident ownership of single-family homes and its impact
on affordability
Develop robust community support services that include:
• Requiring market rate developers of multi-family property to include some sort of tenant equity
vehicle for residents
THE WORK
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City of Englewood Affordable Housing Task Force Report 40
• Options for providing temporary rent and utilities assistance for cost-burned residents
• Consolidating assistance programs into one comprehensive home ownership program to connect would-be
buyers to all possible assistance programs
• Developing clear qualification guidelines for assistance programs
• Implementing a community preference system:
– Live/Work criteria
– School enrollment consideration
– Senior housing
– Create opportunities for multi-generational households
– Local community ties
• Partnering with community centers and organizations for assistance
• Leveraging county and state resources such as:
– Eviction assistance
– Legal services
– Home modification programs to keep people housed
THE WORK
The task force endorsed the recommendations by a 9-1 vote on December 5, 2024.
One member did not endorse the final recommendations of the Affordable Housing Task Force, based on the
following objections:
• The city should not implement fees on rental properties as they may be passed on to residents in the
form of higher lease rates, which would not improve housing affordability
• Developers of multifamily housing should be required to construct affordable housing units as part
of their project, rather than making a payment toward a housing fund in lieu of constructing
required units
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City of Englewood Affordable Housing Task Force Report 41
PUBLIC ENGAGEMENT
CODENEXT ENGAGEMENT
The City of Englewood engaged with citizens on CodeNext through multiple channels to ensure public
participation and awareness. Key methods included:
1. Workshops and Public Meetings: These in-person and virtual meetings provided residents and
businesses opportunities to discuss and share feedback about the project, especially regarding key
changes to zoning and neighborhood designs.
2. Surveys: Through online surveys, the city collected input from the public on critical topics, such as
housing types, parking, and sustainability.
3. Online Platform: The Englewood Engaged website acted as the primary hub for information. The pubic
could ask questions, provide comments, view documents, and stay updated on the project.
4. Newsletters and Mailers: Digital and physical mailers were distributed to keep citizens informed about
project updates, public hearings, and meeting schedules.
5. Social Media Engagement: Englewood posted regularly on Facebook, Instagram, and Twitter to promote
public participation. Posts included announcements about public meetings, updates on the progress of
CodeNext, and reminders to engage with the project. Analytics from June 2023 show posts reached over
41,000 users, generating hundreds of reactions and comments.
6. Community Events: The city integrated CodeNext discussions into broader community events like
Neighborhood Nights, where citizens could participate in casual settings while learning about the project.
By the numbers:
5 surveys and quick polls
4 town halls/workshops/
open houses
9 meetings with city boards
and commissioners
30 UDC steering
committee meetings
3 industry focus groups
15 city council study sessions
These strategies were designed
to ensure a broad and inclusive
public outreach, helping to shape
CodeNext through resident
feedback and engagement.
More than ͓̒̓̐̐̐ŵĹǖŵƷȌşşğėŵƷƯñƣƷƛǏğǖ͓ñƯƯğŪėğėñĐŵŨŨƷŪňƯǖŨğğƯňŪĺŵƛǏňƣňƯğėƯłğ0Ūĺşğǐŵŵė0ŪĺñĺğėƘñĺğƛğĺñƛėňŪĺƷƘėñƯğƣƯŵƯłğÂŪňȌğėDevelopment Code that will guide development in Englewood for the next generation.
Thank you, 0Ūĺşğǐŵŵė͗
»łğĐňƯǖ͵ƣÂŪňȌğė'ğǏğşŵƘŨğŪƯ ŵėğ
has not been updated in 19 years. The
development standards that worked
in 2004 don’t align with the needs
of the community today. Updating
this important code ensures that
development standards represent the
needs and wants of the community.
Úłǖǐñƣ ŵėğuğǕƯŪğğėğė͙
A Community Informational Meeting will be held on eƷŪğ͓̖̑̕Ƙ͒Ũ͒ at the Belleview Park pavilion located
at the northwest corner of Belleview Avenue and Inca Drive (5001 S. Inca Drive).
Englewood City Council has concluded more than two years of public outreach, including:
5 surveys & quick polls
5 meetings in the park
3 industry focus groups
30 UDC steering committee meetings
15 city council study sessions
4 town hall / workshop / open houses
9 meetings with city boards and commissions
Table of Contents <<
Page 49 of 371
City of Englewood Affordable Housing Task Force Report 42
PUBLIC INFORMATION CAMPAIGN
Home is the Key - Campaign Objectives
1. Communicate the Need: The campaign aimed to inform residents
about the urgency of affordable housing in Englewood, educating the
public about what the city is doing to address this issue.
2. Engage the Community: The goal was to foster understanding,
empathy, and support for diverse housing solutions by connecting
emotionally with the concept of “home.”
3. Gather Feedback: Public engagement was a priority, with feedback
used to shape housing strategies and decisions.
Key Campaign Phases
1. Research and Exploration: The campaign began by reviewing affordable housing programs,
understanding Englewood’s housing goals, and identifying key stakeholders.
2. Engagement: Public feedback was collected through online surveys, community events, and focus groups.
These insights were crucial for shaping the city’s affordable housing policies.
3. Strategic Outreach: The campaign’s messaging centered around the emotional and practical benefits of
affordable housing, using themes like “Home is the Key” and “Community Starts at Home.”
4. Implementation: The outreach strategies included producing digital and print materials, hosting events,
and collaborating with partners. Visual materials, social media content, short videos, and direct mail
campaigns were part of the effort.
Home is the Key CAMPAIGN
Communication and Outreach Update
PUBLIC ENGAGEMENT
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City of Englewood Affordable Housing Task Force Report 43
Campaign Tools and Tactics
• Digital and Social Media: Social media platforms were used to spread key messages and housing updates
• Printed Materials: Posters, brochures, and FAQs were distributed both at events and through mail
• Video Storytelling: Short videos
showcased personal stories from residents
benefiting from affordable housing
• Events: The campaign was present at
community events, working with local
partners to spread awareness
Key Audiences
• Englewood residents
• Local businesses
• City council members
• Community stakeholders
This campaign was designed to ensure Englewood’s residents were well-informed, emotionally engaged, and
actively involved in shaping the city’s affordable housing policies.
PUBLIC ENGAGEMENT
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Page 51 of 371
City of Englewood Affordable Housing Task Force Report 44
APPENDICES
ENGLEWOOD HOUSING NEEDS ASSESSMENT
«ȒȒɎ¨ȒǼǣƬɵ «ƺɀƺƏȸƬǝ
6741 E Colfax Ave, Denver, CO 80220
www.rootpolicy.com
970.880.1415
PREPARED FOR: CREATED
City of Englewood, CO 11/18/2022
City of Englewood
Housing Needs
Assessment
PROJECT DESCRIPTION:
The City of Englewood, Colorado contracted Root Policy Research to complete a well-
researched and data-driven Housing Needs Assessment. The information presented here is
intended to help inform policy changes, as well as support the efforts of the CodeNext
project, to increase the diversity and affordability of housing in Englewood.
Scan for full assessment
Table of Contents <<
Page 52 of 371
City of Englewood Affordable Housing Task Force Report 45
CODENEXT SUMMARY
These provisions from the city’s Title 16 - CodeNext collectively work to increase the housing supply, offer
more affordability options, and reduce development costs through incentives, all of which can help address the
housing crisis in Englewood.
1. Attainable Housing Guidelines (16-5-5):
• The guidelines aim to create housing at various price points, meeting a portion of regional affordable
housing needs, particularly in transit-served areas.
• The code provides development bonuses (e.g., additional stories, parking reductions) for projects that
include affordable units based on income thresholds. For instance, projects offering 10% of units below
60% AMI (Area Median Income) or 15% below 80% AMI are eligible for certain bonuses, with greater
incentives for deeper affordability levels.
• These bonuses can lower costs for developers, making it more feasible to include affordable housing in
their projects.
2. Mixed-Income, Mixed-Density Neighborhoods:
• The code promotes resilient, mixed-income neighborhoods, encouraging a diverse range of housing types,
from detached homes to multi-unit buildings, thus increasing the overall housing supply.
3. Small Format Housing Communities (16-4-3):
• The standards support smaller, more affordable housing formats like manufactured homes and tiny
homes, which can be developed on smaller lots. This could increase the availability of affordable housing
for lower-income households.
4. Residential Group Homes:
• There are provisions for group homes, which include housing for individuals with disabilities, mental
health challenges, or elderly residents. This increases the inclusivity of affordable housing options for
vulnerable populations.
5. Reduced Parking Requirements:
• Projects providing affordable housing can qualify for reduced parking requirements, which helps lower
development costs, potentially making housing more affordable.
APPENDICES
Table of Contents <<
Page 53 of 371
City of Englewood Affordable Housing Task Force Report 46
CODENEXT PUBLIC OUTREACH
2020
July 27, 2020 Joint Session with City Council and Planning and Zoning Commission
August 10, 2020 Steering Committee formed by city council
August 20, 2020 Steering Committee meeting
Fall 2020 Article in Englewood Citizen
September 1, 2020 Project page launched on city website
September 2, 2020 Telephone Town Hall
Introductory Questionnaire released
Results are included in UDC Assessment Report
September 3, 2020 Yard Signs w/QR Code; Posters with QR Code and Park Event Dates
Specific locations are listed in the UDC Assessment Report
September 9, 2020 Video of Mayor promoting park events
September 13, 2020 Public Event at Duncan Park
September 15, 2020 Focus Groups: Businesses, Residents, Developers, Staff
September 16, 2020 Focus Groups: Businesses, Residents, Developers
Historic Preservation Commission
September 17, 2020 Focus Groups: Residents
Public Event at Jason Park
UDC Steering Committee Meeting
Promoted at City Movie Night
September 25, 2020 Quick Poll on Accessory Dwelling Units
Results are included in the UDC Assessment Report
September 26, 2020 Public Event at Bates Logan Park
September 29, 2020 Public Event at Baker Park
October 1, 2020 Public Event at Centennial Park
October 6, 2020 Planning and Zoning Commission Meeting
October 8, 2020 Transportation Advisory Committee Meeting
October 14, 2020 Alliance for Commerce in Englewood Meeting
Board of Adjustment and Appeals Meeting
October 23, 2020 Quick Poll on Attainable Housing
Results are included in the UDC Assessment Report
October 29, 2020 Steering Committee Meeting
November 2, 2020 Quick Poll on Parking
Results are included in the UDC Assessment Report
November 19, 2020 Steering Committee Meeting
November 30, 2020 Mailing to all Englewood addresses “Join the Conservation”
December 1, 2020 Launched 9 informational planning videos
December 2, 2020 Open House
Table of Contents <<
APPENDICES
Page 54 of 371
City of Englewood Affordable Housing Task Force Report 47
2021
Social media outreach for 2021/2022. See attached.
Updates in Community Development monthly newsletter. https://www.englewoodco.gov/government/city-
departments/community-development/newsletter
May 25, 2021 Steering Committee Meeting
June 14, 2021 Launched Englewood Engaged project page
July 19, 2021 City council approved contract with Gould Evans (Multi-Studio)
August 3, 2021 Steering Committee Meeting
August 17, 2021 Steering Committee Meeting
September 8, 2021 Steering Committee Meeting
September 21, 2021 Steering Committee Meeting
October 5, 2021 Steering Committee Meeting
October 19, 2021 Steering Committee Meeting
November 2021 Survey – Walkability and Street Design
November 1, 2021 City Council Study Session
November 2, 2021 Steering Committee Meeting
November 16, 2021 Steering Committee Meeting
November 21, 2021 City Council Study Session
December 7, 2021 Steering Committee Meeting
2022
January 8, 2022 Started advertising for February 17 community town hall
January 19, 2022 Steering Committee Meeting
February 7, 2022 City Council Study Session
February 17, 2022 Community Town Hall
February 21, 2022 Article in Littleton Independent
March 2022 Educational Videos and Articles posted on project page and social media
March 10, 2022 Video announcing April 14, 2022 Community Workshop
March 22, 2022 Steering Committee Meeting
April 14, 2022 Community Workshop
April – May, 2022 Community Survey
Deeper Dive Informational Materials promoted
April 27, 2022 Update to Englewood Downtown Development Authority (EDDA) Board
May 9, 2022 City Council Study Session
May 17, 2022 Steering Committee Meeting
May 18, 2022 Update to Historic Preservation Commission
June 21, 2022 Steering Committee Meeting
July 19, 2022 Steering Committee Meeting
Table of Contents <<
APPENDICES
Page 55 of 371
City of Englewood Affordable Housing Task Force Report 48
August 16, 2022 Steering Committee Meeting
August 22, 2022 City Council Study Session
September 12, 2022 City Council Study Session
September 20, 2022 Steering Committee Meeting
October 4, 2022 Steering Committee Meeting
October 18, 2022 Steering Committee Meeting
October 19, 2022 Update to Historic Preservation Commission
November 7, 2022 City Council Study Session
November 8, 2022 Steering Committee Meeting
November 14, 2022 City Council Study Session
November 16, 2022 Update to Historic Preservation Commission
November 21, 2022 City Council Study Session
November 28, 2022 City Council Study Session
December 5, 2022 City Council Study Session
December 6, 2022 Steering Committee Meeting
December 21, 2022 Working Session with Historic Preservation Commission/staff/consultant
2023
January 12, 2023 Steering Committee Meeting
January 23, 2023 City Council Study Session
February 22, 2023 Steering Committee Meeting
February 23, 2023 Affordable Housing Town Hall - Hosted by Council Members Joe Anderson and
Chelsea Nunnenkamp
February 27, 2023 City Council Study Session
March 7, 2023 Steering Committee Meeting
March 10, 2023 Social Media Post
March 13, 2023 City Council Study Session
March 16, 2023 Town Hall Meeting on Attainable Housing – Hosted by Mayor Sierra
March 21, 2023 Steering Committee Meeting
March 25, 2023 Town Hall Meeting/CodeNext Updates - Hosted by Council Member Ward
May 8, 2023 Joint Session with City Council
May 16, 2023 Steering Committee Meeting
June 15, 2023 Community Informational Meeting, Belleview Park
Table of Contents <<
APPENDICES
Page 56 of 371
Task Force Recommendations
AFFORDABLE HOUSING
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Affordable Housing Task Force Recommendations 2
Opening
Presenters:
•Amber Reyes, Community member/Renter
•Jake Gilbert, Homeowner
•Aaron Martinez, Homeowner/Non-profit Representative
•Joe Phillips, Englewood Business Owner
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Affordable Housing Task Force Recommendations 3
How We Got Here
Presenters:
•Sherri Stinson, Homeowner/Real Estate Advisor
•Hugo Weinberger, Englewood Business and Property Owner
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Affordable Housing Task Force Recommendations 4
•Englewood’s Housing Needs Assessment –We
have reviewed and dissected to determine
Englewood’s immediate housing needs.
•Learned about different types of Affordable
Housing –
•Naturally occurring
•Transitional Housing
•Permanent Supportive Housing
•Missing Middle Housing
Over the past twelve months,
we have learned a lot!
HOW WE GOT HERE
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Affordable Housing Task Force Recommendations 5
•Learned about what others are doing to help spur
affordable housing development
•Denver Metro Habitat for Humanity’s
•Colorado Affordable Housing Finance Fund
•Proposition 123
•Low-Income Housing Tax Credits and how
those subsidies are applied.
•CHFA and Division of Housing Programs
•Denver Department of Housing Stability’s
(HOST)
•City of Longmont’s Inclusionary Housing
Program
•Community Land Trust Model
Over the past twelve months,
we have learned a lot!
HOW WE GOT HERE
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Affordable Housing Task Force Recommendations 6
•We explored
•Land owned by the city and its potential
adaptability for future affordable housing
development.
•CodeNext and the current zoning of residential
lots in Englewood.
Over the past twelve months,
we have learned a lot!
HOW WE GOT HERE
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Affordable Housing Task Force Recommendations 7
•According to the Englewood Housing
Needs Assessment, the city is 2,500 units
short of housing.
•We need a variety of diverse housing
options to accommodate the evolving
needs of our city’s residents.
•For sale market value of homes in
Englewood has tripled since 2000, with
the sharpest gains over the last ten years.
•Housing prices and rental rates have
outpaced wage growth.
Key Data Driving our Decisions
HOW WE GOT HERE
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Affordable Housing Task Force Recommendations 8
•50% of renters in Englewood are cost-
burdened, paying greater than 30% of
household income towards rent.
•Only 23% of residential lots in Englewood
are zoned for four
or more dwellings.
Key Data Driving our Decisions
HOW WE GOT HERE
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Affordable Housing Task Force Recommendations 9
Driving Force Behind Recommendations
Diverse Voices and Perspectives
Presenters:
•Kevin Wright, Renter/Business owner
•Aaron Martinez, Non-profit Representative
•Concerns about any increased costs to existing renters in naturally occurring
affordable housing
•Some noted concern and resistance to increased housing density in Englewood
•Impacts of population growth to city services, parking,and infrastructure
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Affordable Housing Task Force Recommendations 10
•Extractive nature of unfettered for-profit real estate development
•Increasing trend of corporate and VC ownership of single-family homes
•The erosion of affordability, accessibility, and overall supply of housing is an
existential threat to Englewood’s unique character.
Concerns
DRIVING FORCE BEHIND RECOMMENDATIONS
Despite these challenges, concerns, and sometime
opposing views, we have come to a consensus
that doing nothing is simply not an option
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Affordable Housing Task Force Recommendations 11
Strategic Vision / Recommendations
•Presenters:
•Samantha Hurst, Homeowner
•Sophie King, Renter
To ensure equitable access to affordable
and diverse housing options for all
residents of Englewood, including
seniors, low-income individuals,
homebuyers, renters, and future
generations, with a focus on those
struggling to afford housing costs.
Our goal is to create a sustainable
housing ecosystem that fosters
stability, encourages community
investment, and contributes to the
overall wellbeing of our diverse
community.
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Affordable Housing Task Force Recommendations 12
•Data Driven
•Commitment of Investment
•Get Creative
•Engage and Inform the Community
•Go Deep
Guiding Principles
STRATEGIC VISION / RECOMMENDATIONS
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Affordable Housing Task Force Recommendations 13
•AFFORDABLE HOUSING FUND
•Predictable and from a variety of sources
•Distribute impact across multiple stakeholders
•AFFORDABLE HOUSING ADVISORY BOARD
•Monitor funding allocations and outcomes
•AFFORDABLE HOUSING COORDINATOR
•Facilitate public/private partnerships
•Provide support and oversight to advisory
board
Recommendations
STRATEGIC VISION / RECOMMENDATIONS
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Affordable Housing Task Force Recommendations 14
•BUILD
•Foster partnerships with developers
•Require affordable units in new
developments
•Expand options for diverse housing types
•ASSIST / PRESERVE
•Provide or connect residents with housing
resources
Recommendations
STRATEGIC VISION / RECOMMENDATIONS
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Affordable Housing Task Force Recommendations 15
What is Possible
•Presenters:
•Kory Whitaker, Non-profit Representative
•Hugo Weinberger, Englewood Business and Property Owner
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Affordable Housing Task Force Recommendations 16
Existing home
built in 1948
New home
built in 2024
The property is split so that each
home is individually-owned
Result: New affordable homes developed
within established neighborhoods of Englewood
for sale and rent. Preserving existing affordable
supply.
Small Lot / Cottage House / ADU Development
WHAT IS POSSIBLE
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Affordable Housing Task Force Recommendations 17
Result: Additional housing supply with a percentage of units
affordable. Establishing tenant equity vehicles with preference
given to Englewood residents.
Small Unit (4+) Multifamily
Developments
Larger Multifamily
Developments
Market Rate Multifamily Development
WHAT IS POSSIBLE
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Affordable Housing Task Force Recommendations 18
Result: Unlocking opportunities for affordable rental, homeownership,
and supportive housing developments that can benefit
Englewood residents.
Public/Private Affordable Development
WHAT IS POSSIBLE
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Affordable Housing Task Force Recommendations 19
Result: Ability to support affordable housing needs as market conditions
change and challenges arise.
Ongoing Initiatives to Support
Affordable Housing
WHAT IS POSSIBLE
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Affordable Housing Task Force Recommendations 20
Conclusion
•Questions and Discussion
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1
MINUTES
City Council Regular Meeting
Monday, January 6, 2025
1000 Englewood Parkway - 2nd Floor Council Chambers
6:00 PM
1 Study Session Topic
a) Director of Finance Kevin Engels was present to review the Monthly Financial
Report.
b) Director of Finance Kevin Engels and Leadership Team Members were present to
review the 2024 Mid-Year Capital Projects of the Capital Improvement Plan
(CIP).
The meeting recessed at 6:59 p.m. for a break.
The meeting reconvened at 7:07 p.m. with all seven Council Members present.
2 Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor
Sierra at 7:07 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 Joe Anderson
Council Member Steve Ward
Council Member Chelsea Nunnenkamp
Council Member Rita Russell
Council Member Tena Prange
Council Member Kim Wright
COUNCIL ABSENT: None
STAFF PRESENT: City Manager Lewis
City Attorney Niles
City Clerk Carlile
Deputy City Clerk Prado
Deputy City Manager Dodd
Page 1 of 8
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City Council Regular
January 6, 2025
Director of Finance Engels
Director of Public Works Rachael
Deputy Chief of Police Fender
Deputy Director of Operations and Maintenance Thornton
Police Resource Case Manager Van Haecke
Sustainability Program Manager Englund
Victim/Witness Service Coordinator Wenig
Audio Visual Engineer Hessling, Information Technology
System Administrator Munnell, Information Technology
Officer Caggiano, Police Department
5 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of December 16, 2024.
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Tena Prange
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF DECEMBER 16, 2024.
For Against Abstained
Chelsea Nunnenkamp (Moved
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
6 Recognitions
a) City Council recognized the Communications Department for receiving a City-County
Communications and Marketing Association Award of Excellence for the Englewood
Trolley rebrand.
7 Appointments, Communications and Proclamations
There were no Appointments, Communications, or Proclamations.
8 Recognition of Public Comment
a) Dudley Callison, a Littleton resident and Manager of the Guild located in
Englewood, addressed Council.
Page 2 of 8
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City Council Regular
January 6, 2025
b) Gary Kozak, an Englewood resident, addressed Council.
Council Member Ward responded to Public Comment.
9 Consent Agenda Items
Council Member Wright removed Agenda Item 9 (a)(i) from Consent Agenda.
Moved by Mayor Pro Tem Anderson and seconded by Council Member Nunnenkamp
to approve Agenda Items 9(b)(i-iii), and 9(c)(i-ii).
a) Approval of Ordinances on First Reading
i) CB 2- 2024 Model Traffic Code adoption and amendments to Title 11,
Chapter 1 of the Englewood Municipal Code
[Clerks Note: This agenda item was removed from the Consent
Agenda motion and considered independently.]
Moved by Council Member Joe Anderson
Seconded by Council Member Tena Prange
COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER
ANDERSON
A BILL FOR AN ORDINANCE AMENDING TITLE 11 OF THE
ENGLEWOOD MUNICIPAL CODE CONCERNING TRAFFIC AND
INCORPORATING BY REFERENCE THE 2024 EDITION OF THE
MODEL TRAFFIC CODE FOR COLORADO NOVEMBER 2024
REVISION 1.0 AS MODIFIED BY APPLICABLE ADDITIONS AND
DELETIONS.
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra x
Joe Anderson (Moved By) x
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
Page 3 of 8
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City Council Regular
January 6, 2025
b) Approval of Ordinances on Second Reading.
i) CB 63 - Grant from the State of Colorado "Victims of Crime Act"
(VOCA).
ORDINANCE NO. 1, SERIES OF 2024/2025 (COUNCIL BILL NO. 63
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF
CRIMINAL JUSTICE FOR AN INTERGOVERNMENTAL GRANT
AGREEMENT FOR A PART TIME VICTIM ADVOCATE.
ii) CB 65 - Acceptance of $33,000 Fleet Zero grant award from the State
Energy Office.
ORDINANCE NO. 2, SERIES OF 2024/2025 (COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE AUTHRIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
COLORADO ENERGY OFFICE FOR A GRANT FROM THE FLEET
ZERO-EMISSION RESOURCE OPPORTUNITY PROGRAM.
iii) CB 66 - Amending Englewood's Municipal Code to reflect revisions
made to the Colorado Liquor Code.
ORDINANCE NO. 3, SERIES OF 2024/2025 (COUNCIL BILL NO. 66
INTRODUCED BY COUNCIL MEMBER PRANGE)
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTIONS 5-3A-5, 5-3A-9, AND 5-3B-4 TO REFLECT REVISIONS
MADE TO THE COLORADO LIQUOR CODE.
c) Resolutions and Motions
i) Resolution - Designation of the Official Posting Place for Legal Notices
RESOLUTION NO. 1, SERIES OF 2025
A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE
FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR
2025.
ii) Motion - The Police department is asking permission to apply for a grant
from the State of Colorado for behavioral health co-responders.
Approval for an application for a Co-Responder grant from the Colorado
Department of Human Services.
Page 4 of 8
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City Council Regular
January 6, 2025
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
Motion to approve Consent Agenda Items 9(b)(i-iii), and 9(c)(i-ii).
For Against Abstained
Chelsea Nunnenkamp (Seconded
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson (Moved By) x
Tena Prange x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
10 Public Hearing Items
There were no public hearings scheduled.
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) CB 1 - Ordinance providing for impound, forfeiture of vehicles used in
organized drag racing events
Moved by Council Member Steven Ward
Seconded by Council Member Kim Wright
Motion to table Council Bill No. 1 to a study session, date uncertain.
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Tena Prange x
Kim Wright (Seconded By) x
Steven Ward (Moved By) x
6 1 0
Motion CARRIED.
Page 5 of 8
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City Council Regular
January 6, 2025
b) Approval of Ordinances on Second Reading
i) CB 62 - Approval of Amended Intergovernmental Agreement (IGA) with
Arapahoe County for a Tri-Cities Homelessness Coordinator
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Tena Prange
ORDINANCE NO. 4, SERIES OF 2024 (COUNCIL BILL NO. 62
INTRODUCED BY COUNCIL MEMBER ANDERSON)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD,
LITTLETON, AND THE COUNTY OF ARAPAHOE COLORADO FOR
THE DEVELOPMENT OF A TRICITIES HOMELESSNESS
COORDINATOR POSITION.
For Against Abstained
Chelsea Nunnenkamp (Moved
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
5 2 0
Motion CARRIED.
c) Resolutions and Motions
i) Motion - Civic Center and City Center Property Management (CCPM)
Security Services
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Tena Prange
Approval of the Civic Center and City Center Property Management
(CCPM) Security Services.
For Against Abstained
Chelsea Nunnenkamp (Moved
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Page 6 of 8
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City Council Regular
January 6, 2025
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
12 General Discussion
a) Executive Session for attorney-client privilege to discuss pending claims
against the City pursuant to C.R.S § 24-6-402(4)(b).
Moved by Council Member Othoniel Sierra
Seconded by Council Member Steven Ward
MOTION TO MOVE INTO EXECUTIVE SESSION FOR ATTORNEY-CLIENT
PRIVILEGE TO DISCUSS PENDING CLAIMS AGAINST THE CITY PURSUIT
TO C.R.S § 24-6-402(4)(b).
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra (Moved By) x
Joe Anderson x
Tena Prange x
Kim Wright x
Steven Ward (Seconded By) x
7 0 0
Motion CARRIED.
The meeting recessed at 9:04 p.m. to go into Executive Session.
The meeting reconvened at 9:38 p.m. with all Council Members present.
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.
Page 7 of 8
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City Council Regular
January 6, 2025
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra (Moved By) x
Joe Anderson x
Tena Prange x
Kim Wright x
Steven Ward (Seconded By) x
7 0 0
Motion CARRIED.
a) Mayor's Choice
i) Mayor Sierra announced the start time of the Regular City Council
Meeting on Tuesday, January 21, 2025 will be 5:30 p.m.
b) Council Members' Choice
13 City Manager’s Report
14 Adjournment
MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:50 p.m.
City Clerk
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Page 84 of 371
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: January 21, 2025
SUBJECT:
Resolution appointing members to various boards, commissions,
and committees
DESCRIPTION:
Resolution appointing members to various boards, commissions, and committees.
RECOMMENDATION:
Staff recommends City Council approve a Resolution appointing members to various boards,
commissions, and committees.
PREVIOUS COUNCIL ACTION:
City Council interviewed applicants on January 13, 2025 and January 14, 2025 for board and
commission vacancies.
SUMMARY:
Board and Commission members are appointed by City Council in February and July of every
year. The process for appointing board and commission members includes reappointments of
current members who are eligible for another term and are interested in continuing on the
respective board, appointing alternates to regular members, and interviewing new applicants to
fill vacancies on the City's boards and commissions.
COUNCIL ACTION REQUESTED:
Approve a resolution appointing members to various boards, committees and commissions
FINANCIAL IMPLICATIONS:
No financial implications.
Page 85 of 371
1
RESOLUTION NO. __
SERIES OF 2025
A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS
AND COMMITTEES FOR THE CITY OF ENGLEWOOD.
WHEREAS, City Council wishes to appoint members to boards, commissions and
committees for the City of Englewood;
WHEREAS, the names of members to be appointed and the boards, commissions
and committees they will be representing, with term expiration dates set forth below; and
WHEREAS, the City Council wishes to express its gratitude for the volunteerism and
service these individuals have agreed to provide to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby approves the
following persons for appointment to boards, commissions and committees to serve at the
request of the City Council:
BOARD/COMMISSION/COMMITTEE TERM
1. Board of Adjustments and Appeals:
a. Alternate Member: Samuel Koenig (02/03/2025 – 02/01/2027)
2. Code Enforcement Advisory Committee:
a. Regular Member: Rick Somerson (02/03/2025 – 02/01/2027)
b. Alternate Member: Joel Moore (02/03/2025 – 02/01/2027)
3. Cultural Arts Commission (CAC):
a. Regular Member: Angelica Dilorio (02/03/2025 – 07/06/2025)
b. Regular Member: Luisa Alvarez (02/03/2025 – 07/06/2025)
c. Alternate Member: Jennifer Barlett (02/03/2025 – 02/01/2027)
4. Englewood Downtown Development Authority (EDDA):
a. Regular Member: Dan Frank (02/03/2025 – 06/30/2027)
Page 86 of 371
2
5. Election Commission (EC):
a. Regular Member: Robert Watson (02/03/2025 – 02/01/2029)
6. Englewood Transportation Advisory Committee (ETEC):
a. Regular Member: Jacob Somerson (02/03/2025 – 02/02/2026)
b. Regular Member: Jake Gilbert (02/03/2025 – 02/02/2026)
c. Alternate Member: Madeleine Pike (02/03/2025 – 02/01/2027)
7. Historic Preservation Commission:
a. Regular Member: Jim Woodward (02/03/2025 – 07/06/2026)
8. Malley Center Trust Fund (MCTF):
a. Regular Member: Rebecca Kramer (02/03/2025 – 02/01/2028)
9. Parks and Recreation Commission (PRC):
a. Regular Member: Kristin Beard (02/03/2025 – 02/02/2026)
b. Regular Member: Nicholas Palmer (02/03/2025 – 02/07/2028)
c. Regular Member: Emma Wood (02/03/2025 – 02/05/2029)
d. Regular Member: Rhonda Wilcox (02/03/2025 – 02/05/2029)
10. Planning and Zoning Commission (P&Z):
a. Regular Member: Noah Kaplan (02/03/2025 – 02/01/2029)
b. Regular Member: Michele Austin (02/03/2025 – 02/01/2029)
c. Regular Member: Carlo Adams (02/03/2025 – 02/01/2029)
d. Alternate Member: Amy Cesario (02/03/2025 – 02/01/2027)
11. Public Library Board (PLB):
a. Regular Member: Amy Wilson (02/03/2025 – 02/05/2029)
b. Regular Member: Alex Dea (02/03/2025 – 02/05/2029)
12. Sustainability Committee (SSC):
a. Regular Member: Hilary Kirwan (02/03/2025 – 02/02/2026)
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3
b. Regular Member: Logan Dunning (02/03/2025 – 02/01/2027)
c. Regular Member: Tracy Csavina (02/03/2025 – 02/01/2027)
d. Regular Member: Lana Garcia (02/03/2025 – 02/01/2027)
e. Alternate Member: Killian Williams (02/03/2025 – 02/01/2027)
f. Alternate Member: (02/03/2025 – 02/01/2027)
13. Urban Renewal Authority (URA):
a. Regular Member: Nicholas Clairmore (02/03/2025 – 02/04/2030)
14. Water and Sewer Board (W&S):
a. Regular Member: John Moore (02/03/2025 – 02/03/2031)
b. Alternate Member: Alexa Kelly (02/02/2025 – 02/01/2027)
Section 2. Despite the expiration of any term listed above, the members appointed herein
shall be authorized to continue to serve and hold the appointed positions until their
reappointment or the appointment of their successor.
Section 3. Alternate Members. Pursuant to EMC § 2-13A-1, alternate members appointed
herein are permitted to vote and meet quorum requirements when serving in the place of a
regular member not in attendance at such meeting. Moreover, unless the by-laws of the board or
commission or applicable law require otherwise, in the event of a board member vacancy, any
board, commission, or committee may notify the City Clerk that it will elevate an alternate
member to a regular, voting board member position to fill the remaining term of the vacant
position. Should a prior alternate appointment not designate a term, the term shall be two years;
except that an alternate shall continue to serve as an alternate until a replacement is appointed.
ADOPTED AND APPROVED this ___ day of ___, 2025.
Othoniel Sierra, 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 2025.
Stephanie Carlile
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tre Blake
DEPARTMENT: Public Works
DATE: January 21, 2025
SUBJECT:
Motion - City Center Property Management - New Contract - Snow
& Ice Removal
DESCRIPTION:
New Contract for snow & ice removal service with DCPS Cleaning dba Integrated Cleaning
Services.
RECOMMENDATION:
Staff recommends Council approve, by consent, the new contract with Denver Commercial
Property Services (DCPS) for the not-to-exceed amount of $550,000 for City Center Property
Management (CCPM).
PREVIOUS COUNCIL ACTION:
NA
SUMMARY:
A Request for Proposal (RFP No. 24-029) for City Center Property Management (CCPM) Snow
and Ice Removal Services was issued September 24, 2024 and eight (8) proposals were
received October 22, 2024:
Applied Property Services;
ARC Construction Solutions LLC;
BSR Operations LLC;
DCPS Cleaning dba Integrated Cleaning Services;
Environmental Designs;
Keesen Landscape Management LLC;
Olson Lawn Care LLC; and
ZTL Partners LLC.
The proposals were evaluated and scored based on the criteria provided in the RFP. Three (3)
vendors were interviewed.
DCPS Cleaning was the selected contractor.
ANALYSIS:
The number of renewals allowed for previous contracts for this service had been used.
A Request for Proposal (RFP 24-029) was issued to solicit new vendor contracts for 2025.
Page 89 of 371
City Center is located in the northeast quadrant of Highway 285 and S. Santa Fe Drive in
Englewood, Colorado. The area comprises approximately 55 acres in total. The common areas
(approximately 12 acres) are the responsibility of City Center Property Management (CCPM) to
maintain while the individual buildings are owned and leased by private entities.
This contract request is to provide high quality snow and ice removal services in order to
provide safe and convenient facilities for the public, employees, and tenants.
Typical snow removal services may include but are not limited to plowing/removing snow and
ice from parking lots, parking garage, sidewalks and pedestrian ramps. The bridge to the RTD
light rail station is not included in the scope of work as a heating system is used to melt any
snow or ice on the bridge. De-icing agents shall be applied to all pedestrian access/egress
points, stairways, sidewalks and pedestrian ramps during or immediately after snow removal.
Due to the unpredictability and numerous variables of snow events, the CCPM representative
and DCPS are in continuous communication by phone to determine start times, etc.
The CCPM representative verifies the depth and coordinates with the snow removal company.
A new agreement with DCPS will cover these required services.
COUNCIL ACTION REQUESTED:
Staff recommends that Council approve, by consent, a Contract for Denver Commercial
Property Services (DCPS) in the not-to exceed amount of $550,000.
FINANCIAL IMPLICATIONS:
Year Fund No. Fund Title Budget Amount
2025 02 1010 54201 Snow and Ice
Removal Yes $550,000.00
Total = $550,000.00
CONNECTION TO STRATEGIC PLAN:
Infrastructure, Local Economy
OUTREACH/COMMUNICATIONS:
NA
ATTACHMENTS:
CFS-24- 231Snow and Ice Removal Services
Contact Approval Summary (CAS)
Memorandum of Approval - Public Works
Page 90 of 371
Snow and Ice Map
PowerPoint Presentation
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CFS-24-231 1
CONTRACT FOR SERVICES
AGREEMENT NUMBER CFS-24-231
SNOW AND ICE REMOVAL SERVICES
Not to exceed $550,000.00
THIS CONTRACT made and entered into on by and between Denver
Commercial Property Services (DCPS), hereinafter called the CONTRACTOR, and the CITY OF
ENGLEWOOD, hereinafter called the CITY.
WITNESSETH; The parties do hereby contract and agree as follows:
1. The CONTRACTOR shall furnish the CITY the following services:
Snow and Ice Removal Services for City Center Property Management (CCPM)
_______________________________________________________________________
At the location of: CCPM Property per Exhibit C
for a total contract price of: Not to exceed five-hundred fifty-thousand dollars ($550,000.00).
2. The initial term of this contract is for one year. The term of this contract shall begin upon the date
that both parties have signed the contract with the work to be completed upon the date set forth in
the Statement of Work attached hereto, but at no time shall the contract be longer than a one-year
period.
In the event that the parties desire to extend the contract beyond the one-year period, written notice
shall be given to the City no later than thirty (30) days prior to the end of the contract by the
Contractor. If the City agrees to the request for renewal, the parties shall then enter into an
amendment extending this Contract including an amended Statement of Work, if necessary.
Any renewal of this contract is subject to approval by the Englewood City Council.
3. The Contractor shall not commence work under this Contract until the insurance required under
Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of
such insurance has been submitted to the City.
4. The project or services being provided hereunder shall be supervised or inspected by the Project
Manager for the City, or his or her authorized designee.
5. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work
required under this contract, and the Contractor agrees to accept as the entire and only
compensation therefore, such sum or sums of money as may be proper in accordance with the
total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a
part hereof. Payment shall be made in a lump sum upon final completion of the project unless
other payment terms are agreed to by the parties and set forth in the Statement of Work attached
hereto.
6. The Contractor shall guarantee all labor and material used in the performance of this Contract for
a period of one year from the final written approval by the City or as per the Request for Qualification
and Specifications.
7. This Contract shall be subject to all terms and conditions contained herein, in Englewood Municipal
Code (EMC) 4-1-3-4, and the following Exhibits attached hereto, which are incorporated by
reference as is fully set forth herein:
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CFS-24-231 2
Exhibit A: General Terms and Conditions
Exhibit B: Statement of Work
Exhibit C: CCPM Map
Exhibit D: DCPS Proposal for RFP-24-029
Exhibit E: Contractor Pricing
In the event of any conflict, provisions shall prevail over conflicting provisions in the following order:
EMC 4-1-3-4 shall prevail over all conflicting provisions, followed by this Contract and then Exhibits
in order, starting with A. Any additional Exhibits or Attachments shall only be incorporated into this
Contract, and become part of the binding terms and conditions, upon written amendment to this
Contract specifically providing for their inclusion.
CITY OF ENGLEWOOD
By: Date: (Department Director)
By: ________________________________ Date: __________________ (City Manager)
By: Date: (Mayor)
Attest: ______________________________ Date: __________________ (City Clerk)
DENVER COMMERCIAL PROPERTY SERVICES
Contractor (print company name)
By: _____ Date: (Signature)
_______________________________
(Print name and Title)
NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients of
$600.00 or more to furnish their taxpayer identification number to the payer. The regulations also
provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In
order to comply with these regulations, the City requires your federal tax identification number or
Social Security Number, whichever is applicable.
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CFS-24-231 3
EXHIBIT A – GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1. PROPOSAL ACCEPTANCE. Proposals are subject to
acceptance by the signing of a contract and issuance of an
appropriate purchase order at any time within sixty (60) days after
the receipt of quotes unless otherwise stipulated. The City
reserves the right to accept or reject any and all quotes and
reserves the right to waive any informality in any quote. All
contracts over $100,000 are subject to approval by City Council.
This contract and any attachments are not valid until such
approval has been obtained.
2. SITE EXAMINATION. If applicable, Contractor must
examine the site and certify all measurements, specifications and
conditions affecting the work to be performed at the site. By
submitting their quote, the Contractor warrants that he or she
(hereinafter he or his) made such site examination as they deem
necessary regarding the condition of the site; its accessibility for
materials, workmen and utilities and the Contractor’s ability to
protect existing surface and subsurface improvements. No claim
for allowance of time or money will be allowed as to such matters
or for any other undiscovered conditions on the site.
3. EQUIPMENT AND LABOR. The Contractor shall
furnish all tools, equipment, apparatus, facilities, transportation,
labor, and material necessary to furnish the services herein
described. The services shall be performed at such times and
places as directed by the authorized City representative as
indicated in the work specifications or statement of work attached
hereto.
4. SUBCONTRACTORS. Contractor agrees to bind
every subcontractor to the terms of this contract as far as such
terms are applicable to subcontractor's work. If Contractor shall
subcontract any part of this contract, Contractor shall be fully
responsible to the City for acts and omissions of his subcontractor
and of persons either directly or indirectly employed by himself.
Nothing contained in the contract documents shall create any
contractual relations between any subcontractor and the City.
5. DEFAULT BY CONTRACTOR. When Contractor, or
any subcontractor, or vendor shall fail to deliver any article or
service or shall deliver any article or service which does not
conform to the work specifications or the Statement of Work, the
City may, upon five (5) business days’ prior written notice
describing the default, at its option, annul and set aside the
contract entered into with said Contractor, subcontractor or
vendor either in whole or in part, and enter into a new contract in
such a manner which would be to the best advantage of the City.
The City reserves the right to cancel any articles or services which
the Contractor may be unable to furnish because of economic
conditions, governmental regulations or other similar causes
beyond the control of the Contractor provided satisfactory proof is
furnished to the City, if requested.
6. CONTRACT CHANGES. No changes or alterations to
this contract shall be made without specific prior written approval
by both parties.
7. WORKERS. Contractor shall at all times enforce strict
discipline and good order among his employees and shall not
employ on work any unfit person or anyone not skilled in work
assigned to him or her. Any person in the employ of the
Contractor who the City may deem incompetent or unfit shall be
dismissed from the job site and shall not again be employed at
the site without written consent from the City.
8. SUBSTITUTIONS. No substitutions of materials or
persons from those specified in the Statement of Work shall be
made without the prior written approval of the City.
9. CONTRACTOR SUPERVISION. Contractor shall
provide competent supervision of personnel employed on the job
site, use of equipment, and quality of workmanship.
10. CLEAN UP. Debris shall be removed from the
premises. The job site shall be kept in good order at all times
when work is not actually being performed and shall be
maintained in a safe and clean condition.
11. ACCESS TO WORK. City representatives shall at all
times have access to work wherever it is in preparation or
progress. Contractor shall provide safe and proper facilities for
such access.
12. PROTECTION OF WORK AND PROPERTY. The
Contractor shall erect and properly maintain at all times, as
required by conditions and progress of work, all necessary
safeguards, signs, barriers, lights, and watchmen for protection of
workmen and the public, and shall post danger signs warning
against hazards created by such features in the course of the
construction.
13. OCCUPANCY. The City reserves the right to occupy
buildings at any time before formal contract completion and such
occupancy shall not constitute final acceptance or approval of any
part of the work covered by this contract, nor shall such
occupancy extend the date specified for substantial completion of
the work.
14. ASSIGNMENT OF CONTRACT AND PURCHASE
ORDER. The Contractor shall not assign or transfer by operation
of law or otherwise any or all of its rights, burdens, duties, or
obligations under this contract without the prior written consent of
the City.
15. FORCE MAJEURE CLAUSE. The parties to the
Contract shall be excused from performance hereunder during the
time and to the extent that they are prevented from obtaining,
delivering, or performing by an act of God, fire, strike, loss,
shortage of transportation facilities, lock-out, or the
commandeering of materials, products, plants or facilities by the
government; when satisfactory evidence thereof is presented to
the other party(ies), provided that it is satisfactorily established
that the non-performance is not due to the fault or neglect of the
party not performing.
16. HOLD HARMLESS CONTRACT. The Contractor shall
save, defend, hold harmless and indemnify the City from and
against any and all losses, damages, liabilities, claims, and costs
of whatsoever kind and nature for injury to or death of any person
and for loss or damage to any property occurring in connection
with or in any way incident to or arising out of the occupancy, use,
service, operations, or performance of work on property under the
terms of this contract by any employee, agent, or representative
of Contractor and/or its subcontractors unless such loss was a
result of the negligent acts or omissions of the City.
17. PAYMENT. Unless otherwise specified, the Contractor
shall render invoices for materials delivered or services performed
under the Contract or Purchase Order. The City shall make
payment for materials, supplies or other services furnished under
this Contract in lump sum on completion of the work within thirty
(30) days after delivery to and approval by the authorized City
representative of all invoices and other documentary evidence
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CFS-24-231 4
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 $3,000,000 per
occurrence; Professional Liability Errors and Omissions in the
amount of $1,000,000 per occurrence; and Employee Dishonesty
and Computer Fraud in the amount of $1,000,000 per occurrence.
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 all of 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. This
assignment 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 party
arising out of or in connection with this Contract, or contesting the
validity of the Contract or any provisions of the Contract, the
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prevailing party shall be entitled to recover from the other party
reasonable attorney’s fees and related costs, and fees and
expenses incurred by the prevailing party in connection with such
action or proceeding.
31. COMPLIANCE WITH THE IMMIGRATION REFORM
AND CONTROL ACT OF 1986. Contractor certifies that
Contractor has complied with the United States Immigration
Reform and Control Act of 1986. All persons employed by
Contractor for the performance of this Contract have completed
and signed Form I-9 verifying their identities and authorization for
employment.
32. USE OF CITY NAME OR LOGO. Except as otherwise
provided in this Contract, the Contractor shall not refer to this
Contract or the City of Englewood in any advertising or
promotions in such a manner as to state or imply that the product
or service provided is endorsed or preferred by the City of
Englewood, its employees, or its Departments, or is considered
by these entities to be superior to other products or services. Any
use of the name, image, or logo of the City of Englewood in
advertising or promotions must be approved in writing by the City
prior to such use.
33. INCORPORATION BY REFERENCE. 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 and
shall supersede any apparently conflicting provision otherwise
contained in this Contract.
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EXHIBIT B
STATEMENT OF WORK
1. GENERAL
The City of Englewood (COE) is entering into a contract with Denver Commercial Property
Service (DCPS) (Contractor) for Snow and Ice Removal Services for City Center Property
Management (CCPM) per Exhibit C.
2. NAMES OF PROJECT COORDINATORS
Contractor:
DCPS
Ryan Hiller, Account Manager
(845) 548-6581
Ryan.Hiller@dcps.com
CCPM Representative:
City of Englewood
Tre Blake
(303) 994-4367
Tblake@englewoodco.gov
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
The Contractor will provide the CCPM with high quality snow and ice removal services to
ensure safe and convenient facilities for the public, City employees and visitors.
Snow removal services include, but are not limited to, plowing/removing snow and ice
from parking lots, sidewalks, and pedestrian ramps. Applying deicing agents to all
pedestrian access/egress points, stairways, sidewalks, and pedestrian ramps during or
immediately after snow removal.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
The City of Englewood shall designate an individual to serve as the contact person for the
Contractor, also described as the CCPM Representative. The CCPM Representative
within Public Works shall provide the Contractor access to various City sites, as needed.
5. OTHER RESOURCES
N/A
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
General
• Snow plowing shall be completed to minimize the loss of parking areas.
• Snow removal and de-icing shall be performed at such frequencies to maintain parking
areas and walkways in a safe and passable condition for both pedestrian and vehicular
traffic.
• De-icing agents must be environmentally friendly and approved as safe for use on
concrete and asphalt surfaces. Contractor to provide de-icing agents.
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• De-icing agents shall be submitted for approval by CCPM Representative, annually,
along with MDS sheet to ensure written approval prior to utilization.
• De-icing agent used on the parking garage deck must be Calcium Magnesium Acetate
(CMA). Contractor to provide de-icing agent and MDS sheet to ensure written
approval prior to utilization.
• Snow accumulations shall be measured at the location per Exhibit C. Measurement
will be via tape measure by CCPM Representative. CCPM Representative will be in
contact with contractor prior to, during and after each snow event.
Required Services
Location: Englewood Civic Center / City Center properties per Exhibit C.
Address: 1000 Englewood Parkway and surrounding properties within the boundary of
CCPM
• Snow shall be plowed when it reaches two (2) inches in depth, or one (1) inch in depth
with snow still falling, from all hard surfaced areas. CCPM Representative
communicates with the snow removal contractor as to the conditions at the City
Center.
• Snow shall be plowed during the early morning hours, with a completion time of 8:00
a.m. on all weekdays and 10:00 a.m. on all weekend days.
• Sidewalks and parking areas shall remain open and useable until 9:00 p.m.
• Clearing of accumulated snow shall be maintained throughout the day.
• Snow shall be moved to designated areas, as agreed upon by both parties, and may
include relocation to the City of Englewood Service Center located at 2800 S Platte
River Drive, Englewood as needed.
• Snow will not be allowed to be piled on the upper parking deck.
Required Services
Location: Parking Structure
Address: 1000 Englewood Parkway
• Snow and ice shall be continually removed from parking areas, stairways, and
walkways.
• Snow removal and de-icing shall be performed at such frequencies to maintain areas
in a safe and passable condition for both pedestrian and vehicular traffic every day.
• Snow shall be moved to designated areas, as agreed upon by both parties, and may
include relocation to the City of Englewood Service Center located at 2800 S Platte
River Drive, Englewood.
• Only rubber cutting edges on snowplow equipment blades shall be allowed to be
used on the parking garage. No equipment over 6,000 Pounds (lbs) in gross vehicle
weight (GVW) shall be used for snow removal on the parking structure. There are no
exceptions to this. Contractor may be charged back for utilizing something other than
rubber cutting edges or equipment greater than 6,000 pounds on the parking structure.
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Required Services
Location: RTD Light Rail Station Ramps and Stairways
• While the bridge to the RTD light rail station is not included in the scope of work, due
to the heating system, the ramps and stairways shall be plowed and treated with de-
icing agent by the Contractor.
• If the heating system is broken or significant accumulation occurs, the Contractor may
be directed to clear snow from this area. The hourly rate from Exhibit E for “Snow
Removal: Sidewalks, Walkways and Pedestrian Ramps” will be used to compensate
the Contractor for this work.
Required Services
Location: Perimeter Sidewalks/Walkways/Pedestrian Ramps and Parking Lots
Hours: 24-hours per day, seven (7) days per week
• Snow and ice shall be continually removed from sidewalks, pedestrian walkways,
pedestrian ramps, stairways, and paved surfaces.
• Paved surfaces around the fountain shall only be cleared by hand shoveling, and the
contractor may be charged back for any other method of snow removal at the fountain.
• Snow removal and de-icing shall be performed at such frequencies to maintain areas
in a safe and passable condition for pedestrian traffic every day.
• Snow shall be moved to designated areas, as agreed upon by both parties, and may
include relocation to the City of Englewood Service Center located at 2800 S Platte
River Drive, Englewood.
Contractor Responsibilities
• Contractor shall monitor the weather in order to determine the appropriate time to
begin and complete snow removal operations. Contractor shall be in communication
with CCPM Representative prior to, during and after a snow event.
• Contractor shall provide a fully qualified and experienced supervisor to manage the
Contractor’s equipment and personnel; the foreman shall act as a liaison between the
CCPM Representative and the Contractor’s personnel. Contact information shall be
provided to CCPM Representative.
• Contractor shall complete all work in a satisfactory manner within the specified
timelines. CCPM defines satisfactory as snow being removed from surfaces identified
and defined in Exhibit C and deicer applied. During freeze / thaw cycle additional
deicer will be applied.
• Contractor shall provide documentation for each snow event detailing personnel,
equipment and materials used as well as number of hours for personnel and
equipment; reports shall be submitted to CCPM Representative within three (3)
business days of each snow event where snow removal services are initiated.
• Snow shall be placed in areas, to be agreed upon by both parties, which will prevent
snowmelt from draining back onto cleared surfaces.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-24-231 9
CCPM Responsibilities
• CCPM shall designate an individual to serve as the contact person for the contractor,
also described as the CCPM Representative.
• The CCPM Representative shall enable the Contractor to access sites and snow
removal areas, as needed.
• CCPM shall provide up to three (3) designated parking spots within the parking garage
for equipment used to execute this contract in addition to trailer storage at the north
parking lot shown in Exhibit C.
Service Expectations
• The Contractor must be able to respond to service calls within one (1) hour, 24 hours
per day, 7 days per week. Service calls include a communication from CCPM
Representative.
7. SPECIAL TERMS, IF ANY
a) The Contractor will not perform work that is outside the scope of work defined in the
contract unless approved in advance in writing by the City. Failure of the Contractor to
obtain written authorization for work outside the Scope of Work could result in
nonpayment of those services performed.
b) Where the Contractor is prevented from completing any part of the Work within the
completion time due to delay beyond the control of the Contractor, the completion
times will be extended in an amount equal to the time lost due to such delay. Delays
beyond the control of the Contractor shall include but not be limited to, acts or neglect
by City, acts or neglect of utility owners or other Contractors performing other work,
fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an
adjustment shall be the Contractor’s sole and exclusive remedy for the delays. For a
delay caused by the City, Contractor is responsible for submitting supporting
information. City, at its sole discretion, will determine the validity of the claim. City’s
determination is final.
c) Contractor shall not be entitled to an adjustment in Contract Price or Contract times
for delays within the control of the Contractor. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be delays within the control
of the Contractor.
d) PURCHASE OF OTHER ITEMS NOT LISTED ON THIS SOLICITATION BASED ON
PERCENTAGE DISCOUNTS: While the City has listed all major items on the
solicitation which are utilized by the City and/or departments in conjunction with their
operations, there may be ancillary items that must be purchased by the City during the
term of this contract. For this reason, Contractors are requested to quote a percentage
discount from the Contractor's price list that will be offered to the City for items which
do not appear on this solicitation. The City reserves the right to award these ancillary
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CFS-24-231 10
items to the successful Contractor or another Contractor based on the lowest actual
price offered.
8. MODE OF PAYMENT
City will pay Contractor for authorized work in accordance with the approved scope within
30 days of invoice receipt. Payments shall be made upon City’s confirmation to Contractor
that completion of the work is verified and the associated cost for the work is approved.
Invoice Submittal – Contractor shall submit an invoice after each completion of each storm
event detailing costs incurred in conjunction with the work order. Electronic invoices shall
be submitted to EEF@englewoodco.gov and the CCPM Representative. The following
required information will be included:
• Invoice date
• Project Purchase Order (PO) number
• Invoice number
• Summary of work performed, equipment used, personnel (including rate per Exhibit
E), and hours worked
City’s responsibilities include:
• City shall provide payment in the form of Check or Electronic Fund Transfer (EFT)
• Purchase Order (P.O.) required upon approval of contract/agreement
• 30-day net terms
9. PAYMENT SCHEDULE
Invoices shall be submitted promptly after resolution of each snow event and detail the
work performed, equipment used, personnel (number of crew and agreed upon rates per
Exhibit E), and hours worked, according to the Pricing Worksheet, at the contract rates.
10. SCHEDULE AND PERFORMANCE MILESTONES
Work will be conducted on an as-needed basis. Schedule for each work order will be
established at the time the work is requested.
11. ACCEPTANCE AND TESTING PROCEDURES
The CCPM Representative shall inspect the work to verify compliance with specifications
and industry and performance standards. Work which does not meet specifications will be
corrected, at no additional cost to CCPM, immediately during the course of a snow event.
12. LOCATION OF WORK FACILITIES
Northeast quadrant of Highway 285 and S. Santa Fe Drive in Englewood, Colorado and
the easement at Belleview and Broadway per Exhibit C.
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CFS-24-231 11
IN WITNESS WHEREOF, pursuant and in accordance with the Contract for Services 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: _______________________________
Contractor Name
By: (Signature)
_________________________________ (Print Name)
Title:
Date: _______________________________
Denver Commercial Property Services
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PRINTED: 2019-01-07 15:34 DRAWN BY: JDL
Landscaping Limits
Dog Walking Areas
(Limits shaded in yellow)
¶N SCALE:DATE: January 7, 2019PHOTO DATE: 2016
1 inch = 300 feet
EXHIBIT C
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Ryan Hiller
10/21/2024
EXHIBIT D
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(720) 575-DCPS
info@dcps.com
For: City Center Property management (CCPM) Landscape services
Transmittal Letter:
October 21 2024
City Of Englewood,
Colorado
RE: City Of Englewood Request for Proposal For Snow and Ice removal Services- RFP-24-029
This Proposal is in response. to the RFP- Snow and Ice removal Service NO: 24-029. As a current Snow
removal provider for over (211) properties within the Denver metro area, our proven experience managing sites makes
Denver Commercial Property Service uniquely qualified to be selected as you landscape maintenance firm. We
understand the expectations of a well thought out landscape management program, and will deliver a plan that afford-
ability meets the City's requirements
In submitting this proposal as herein described, the understanding as a bidder, declares that we have thoroughly
examined all of the contract documents herein contained in the RFP NO:24-029; and have carefully examined the
locations of the proposed work, the plans, and specifications for Snow and Ice Removal Services, and hereby proposes
to furnish all materials and do all work necessary and/or required to complete the work in accordance with the plans,
special provisions, and specifications for the Time and Material price or bid price set forth in the schedule below and
forming as part of this proposal.
DCPS guarantees that this proposal will be in effect for sixty (60) calender days from submittal.
Individual to contact regarding the proposal:
Ryan Hiller
Denver Commercial Property Service
Ryan.Hiller@denvercps.com
C:(845) 548-6581
____________________
Individual authorized to represent DCPS with contract negotiations and execution:
Edward Watson
General Manger
ed.watson@dcps.com
C:(475)279-8003
__________________
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Our Process
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• Contractor shall plow all main drives and parking lot as and apply ice melt as directed and outlined in this
agreement with (2”) of accumulated snow.
• Contractor shall remove snow from all sidewalks and apply ice melt to all sidewalks as directed and
outlined in this agreement with (1”) of accumulated snow.
•
• Contractor will alert Customer (or Customer's agent) of repeat hazards on the property that are caused by
building drainage or freeze thaw issues. Customer will be responsible for addressing issues, and will hold
Contractor harmless for injuries, or losses due to inadequate, and unsafe drainage from downspouts.
• Customer acknowledges that during a storm (i.e. while snow is still falling), it is sometimes not possible to
keep all areas of the property free and clear of snow and ice.
• This agreement does not provide for the physical removal or hauling of plowed snow.
• Contractor agrees to perform services with reasonable care and in a professional manner.
• Customer acknowledges Contractor will not be always present on the property to continually monitor for
potentially dangerous or unsafe conditions which may arise by reason by changing conditions of
previously plowed or treated areas and Contractor assumes no liability for such conditions.
• Customer understands and agrees that the services to be performed by Contractor are limited to the
services described above.
• Customer will notify Contractor of any hazardous conditions that come to exist on previously plowed or
treated areas. Upon such notification of unsafe conditions, Contractor will attempt to remediate such
conditions within two hours.
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z
• Visa USA Inc. 8910 Ridgeline Blvd Highlands Ranch, CO 80129 - Jon Merrill - Jmerrill@visa.com
Snow removal on campus Including deicing, shoveling and plowing. $195,000 - 10/1/2023 - 4/30/2024
Consistently under customer budget and decreased year over year spend based on per Inch costs.
• Medical Center of Aurora Portfolio - Various locations - Troy Dugan - Troy.Dugan@HCAHealthone.com
Snow removal on campuses Including deicing, shoveling and plowing. $1,200,000 - 10/1/2023 - 4/30/2024
Manage snow removal on a large portfolio of zero tolerance medical facilities while still being mindful of customer
budget and spending.
• City of Lonetree - 8527 Lone Tree Parkway - Justin Russell - Justin.russell@cityoflonetree.com
Snow removal Including deicing, shoveling and plowing. $160,000 - 10/1/2023 - 4/30/2024
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Occupational Health & Safety:
DCPS will create a custom Snow Action plan consistent with the scope of work and after its initial Risk
Assessment. The action plan is created to impact Safety conditions for the welfare of everyone. In
addition, DCPS will do a Pre-Season Inspection where we will document any existing hazards and
document any hazards that surface after commencement of services. will conduct ongoing inspections
during and after every snow/ice event.
These efforts are driven by custom maps for each team as well as an overview of the flnal goal. All team
members assigned to the site will be fully trained in all standard operating procedures, snow industry
standard expectations, DCPS Snow Management training standards that align with Occupational Health
& Safety Standards. All Team members will be expected to use PPE and follow DCPS Safety code of
conduct. DCPS will provide a copy it’s Safety Manual.
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Account Management:
Our Snow Management process is second to none, we have a robust snow removal operating style to
have all the properties service execution planned for every Snow/Ice Event. We pre-plan leading up to the
event to ensure the Equipment Team and the Labor Team are prioritizing their efforts. The Account
Management is composed of a designated Snow Territory Manager, Snow Area Manager, Snow Quality
Control Manager and where applicable a Snow Site Manager. All Managers involved will collectively
generate reports for each Snow/Ice event (Picture Activity reports, Quality Control reports, Risk/Hazard
reports, and End Season Reports). DCPS will also submit a monthly report of all snow services in
Microsoft Excel format or mutually agreed upon format. Our billing system is comprised of QuickBase
software tailored to Snow/Ice removal services.
Drew Wallas
Leo Wortman
Ronnie Kenfield Dan Akins
Sample Equipment Stored on site
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Industry Qualifications:
DCPS holds certiflcations from the Accredited Snow Contractors Association (ASCA) and has had a good
standing for the past 10 years. All Snow Managers have their active ASCA Certiflcation and renewed each
year for each snow season. DCPS also holds a Certifled Snow Professional Certiflcation (CSP) for our
Senior leaders. Lastly, our senior leaders have the Advanced Snow Manager (ASM) designation.
Corporate Responsibility & Sustainability:
DCPS Mission to corporate responsibility and sustainability is deeply rooted in our commitment to
ethical practices, environmental sustainability, social equity, and community welfare. We recognize our
responsibility to our planet and its inhabitants and are dedicated to conducting our business in a way
that refiects our values. In the snow removal industry, there is a wide variety of products in the market to
use for Ice Control & Ice Abatement. DCPS is constantly researching and staying in tune with the
industry to impact the environment with the materials we apply out on sites. We only use naturally made
deicers in both solid and liquid form in our snow removal efforts. Our De-icers have (inhibitors) meaning
they are treated to reduce any footprint we leave behind in the environment. In addition, all of our storage
is covered and contained to prevent any spills or leaching and is in compliance with local city ordinances
What is the difference between Treated & Untreated De-Icer:
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Subcontracts:
All services rendered are conducted by DCPS personnel & equipment. If at any time during the snow
season the government declares a blizzard, we have access to acquire more equipment through
purchase or rental. Any supplemental labor will be supplemental by our other active Divisions (Concrete
& Asphalt Division, Landscaping Division, Sweeping Division, Coatings Division, Paint & Construction
Division to ramp up and be prepared to service for constant rising storms for the entirety of the event.
Given the nature of the work of the other divisions, a declared blizzard will automatically halt our other
division’s primary service where we will transition all our extra resources to assist on snow sites. On a
rare occasion, we would seek additional resources from long tenured service partners to help fulflll the
remaining equipment and labor needs.
Warranties & Guarantees:
DCPS will repair any damage that surfaces from the snow removal services. Damages in relation to (Curb
Damage, Sod Damage, Parking Block Damage, Signage Damage) and any damage that was caused during
the duration of the season and the contract from its snow removal efforts. DCPS will provide a timeframe
of when the repairs will be scheduled, and a photo report of the remedied damages will be submitted. A
Mid-Season and Post Season report will be used to identify damages to track internally the damages
needing repaired. Any damage that is a safety concern will escalated to immediately repair.
Compliance:
DCPS will comply with all The City Of Englewood 's OH&S requirements set forth in the RFP. There are no
conflicts of interest in respect of this proposal or agreement if awarded the contract. DCPS
acknowledges any information
(Reports, pictures, documentation) may be subject to disclosure by order of the court of Law. DCPS will
observe and abide by and perform all its obligations hereunder in full compliance with all applicable
federal, state, and local statutes, ordinances, codes and regulations, including fire and building codes
and OSHA requirements prevailing at the time such obligations are performed.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
1
CONTRACT FOR SERVICES
AGREEMENT NUMBER CFS/______
________________
THIS CONTRACT made and entered into on by and between
______________________________________________________________hereinafter
Name Address City St Zip
called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY.
WITNESSETH; The parties do hereby contract and agree as follows:
1.The CONTRACTOR shall furnish the CITY the following services:
_______________________________________________________________________
At the location of: ______________________________________________(if applicable)
for a total contract price of: ________________________________________________
($ ________________) Dollars
2.The initial term of this contract is for one year. The term of this contract shall begin upon the date
that both parties have signed the contract with the work to be completed upon the date set forth in
the Statement of Work attached hereto, but at no time shall the contract be longer than a one-year
period.
In the event that the parties desire to extend the contract beyond the one-year period, written notice
shall be given to the City no later than thirty (30) days prior to the end of the contract by the
Contractor. If the City agrees to the request for renewal, the parties shall then enter into an
amendment extending this Contract including an amended Statement of Work, if necessary.
Any renewal of this contract is subject to approval by the Englewood City Council.
3.The Contractor shall not commence work under this Contract until the insurance required under
Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of
such insurance has been submitted to the City.
4.The project or services being provided hereunder shall be supervised or inspected by the Project
Manager for the City, or his or her authorized designee.
5.Terms of Payment: The City agrees to pay the Contractor for the performance of all the work
required under this contract, and the Contractor agrees to accept as the entire and only
compensation therefore, such sum or sums of money as may be proper in accordance with the
total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a
part hereof. Payment shall be made in a lump sum upon final completion of the project unless
other payment terms are agreed to by the parties and set forth in the Statement of Work attached
hereto. A 5% retainage of the awarded project amount will be withheld until final inspection and
acceptance by the Project Manager.
6.The Contractor shall guarantee all labor and material used in the performance of this Contract for
a period of one year from the final written approval by the City or as per the Request for Qualification
and Specifications.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-XX-XX 2
7.This Contract shall be subject to all terms and conditions contained herein, in Englewood
Municipal Code (EMC) 4-1-3-4, and the following Exhibits attached hereto, which are
incorporated by reference as is fully set forth herein:
Exhibit A: General Terms and Conditions
Exhibit B: Statement of Work
Exhibit C:…….
In the event of any conflict, provisions shall prevail over conflicting provisions in the following
order: EMC 4-1-3-4 shall prevail over all conflicting provisions, followed by this Contract and then
Exhibits in order, starting with A. Any additional Exhibits or Attachments shall only be
incorporated into this Contract, and become part of the binding terms and conditions, upon written
amendment to this Contract specifically providing for their inclusion.
CITY OF ENGLEWOOD
By: Date:
(Department Director)
By: ________________________________ Date: __________________
(City Manager)
By: ________________________________ Date: __________________
(Mayor)
ATTEST:
City Clerk
_______________________________
Contractor (print company name)
By: _____ Date:
(Signature)
_______________________________
(Print name and Title)
NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients of
$600.00 or more to furnish their taxpayer identification number to the payer. The regulations also
provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
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CFS-XX-XX 3
order to comply with these regulations, the City requires your federal tax identification number or
Social Security Number, whichever is applicable.
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(303) 762-2300 www.englewoodgov.org
CFS-XX-XX 3
ATTACHMENT A – GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1.PROPOSAL ACCEPTANCE. Proposals are subject to
acceptance by the signing of a contract and issuance of an
appropriate purchase order at any time within sixty (60) days after
the receipt of quotes unless otherwise stipulated. The City
reserves the right to accept or reject any and all quotes and
reserves the right to waive any informality in any quote. All
contracts over $100,000 are subject to approval by City Council.
This contract and any attachments are not valid until such
approval has been obtained.
2.SITE EXAMINATION. If applicable, Contractor must
examine the site and certify all measurements, specifications and
conditions affecting the work to be performed at the site. By
submitting their quote, the Contractor warrants that he or she
(hereinafter he or his) made such site examination as they deem
necessary regarding the condition of the site; its accessibility for
materials, workmen and utilities and the Contractor’s ability to
protect existing surface and subsurface improvements. No claim
for allowance of time or money will be allowed as to such matters
or for any other undiscovered conditions on the site.
3.EQUIPMENT AND LABOR. The Contractor shall
furnish all tools, equipment, apparatus, facilities, transportation,
labor, and material necessary to furnish the services herein
described. The services shall be performed at such times and
places as directed by the authorized City representative as
indicated in the work specifications or statement of work attached
hereto.
4.SUBCONTRACTORS. Contractor agrees to bind
every subcontractor to the terms of this contract as far as such
terms are applicable to subcontractor's work. If Contractor shall
subcontract any part of this contract, Contractor shall be fully
responsible to the City for acts and omissions of his subcontractor
and of persons either directly or indirectly employed by himself.
Nothing contained in the contract documents shall create any
contractual relations between any subcontractor and the City.
5.DEFAULT BY CONTRACTOR. When Contractor, or
any subcontractor, or vendor shall fail to deliver any article or
service or shall deliver any article or service which does not
conform to the work specifications or the Statement of Work, the
City may, upon five (5) business days’ prior written notice
describing the default, at its option, annul and set aside the
contract entered into with said Contractor, subcontractor or
vendor either in whole or in part, and enter into a new contract in
such a manner which would be to the best advantage of the City.
The City reserves the right to cancel any articles or services which
the Contractor may be unable to furnish because of economic
conditions, governmental regulations or other similar causes
beyond the control of the Contractor provided satisfactory proof is
furnished to the City, if requested.
6.CONTRACT CHANGES. No changes or alterations to
this contract shall be made without specific prior written approval
by both parties.
7.WORKERS. Contractor shall at all times enforce strict
discipline and good order among his employees and shall not
employ on work any unfit person or anyone not skilled in work
assigned to him or her. Any person in the employ of the
Contractor who the City may deem incompetent or unfit shall be
dismissed from the job site and shall not again be employed at
the site without written consent from the City.
8.SUBSTITUTIONS. No substitutions of materials or
persons from those specified in the Statement of Work shall be
made without the prior written approval of the City.
9. CONTRACTOR SUPERVISION. Contractor shall
provide competent supervision of personnel employed on the job
site, use of equipment, and quality of workmanship.
10.CLEAN UP. Debris shall be removed from the
premises. The job site shall be kept in good order at all times
when work is not actually being performed and shall be
maintained in a safe and clean condition.
11.ACCESS TO WORK. City representatives shall at all
times have access to work wherever it is in preparation or
progress. Contractor shall provide safe and proper facilities for
such access.
12.PROTECTION OF WORK AND PROPERTY. The
Contractor shall erect and properly maintain at all times, as
required by conditions and progress of work, all necessary
safeguards, signs, barriers, lights, and watchmen for protection of
workmen and the public, and shall post danger signs warning
against hazards created by such features in the course of the
construction.
13.OCCUPANCY. The City reserves the right to occupy
buildings at any time before formal contract completion and such
occupancy shall not constitute final acceptance or approval of any
part of the work covered by this contract, nor shall such
occupancy extend the date specified for substantial completion of
the work.
14.ASSIGNMENT OF CONTRACT AND PURCHASE
ORDER. The Contractor shall not assign or transfer by operation
of law or otherwise any or all of its rights, burdens, duties, or
obligations under this contract without the prior written consent of
the City.
15.FORCE MAJEURE CLAUSE. The parties to the
Contract shall be excused from performance hereunder during the
time and to the extent that they are prevented from obtaining,
delivering, or performing by an act of God, fire, strike, loss,
shortage of transportation facilities, lock-out, or the
commandeering of materials, products, plants or facilities by the
government; when satisfactory evidence thereof is presented to
the other party(ies), provided that it is satisfactorily established
that the non-performance is not due to the fault or neglect of the
party not performing.
16.HOLD HARMLESS CONTRACT. The Contractor shall
save, defend, hold harmless and indemnify the City from and
against any and all losses, damages, liabilities, claims, and costs
of whatsoever kind and nature for injury to or death of any person
and for loss or damage to any property occurring in connection
with or in any way incident to or arising out of the occupancy, use,
service, operations, or performance of work on property under the
terms of this contract by any employee, agent, or representative
of Contractor and/or its subcontractors unless such loss was a
result of the negligent acts or omissions of the City.
17.PAYMENT. Unless otherwise specified, the Contractor
shall render invoices for materials delivered or services performed
under the Contract or Purchase Order. The City shall make
payment for materials, supplies or other services furnished under
this Contract in lump sum on completion of the work within thirty
(30) days after delivery to and approval by the authorized City
representative of all invoices and other documentary evidence
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CFS-XX-XX 4
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 $3,000,000 per
occurrence; Professional Liability Errors and Omissions in the
amount of $1,000,000 per occurrence; and Employee Dishonesty
and Computer Fraud in the amount of $1,000,000 per occurrence.
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 all of 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. This
assignment 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.
27.26. 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.
28.27. 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.
Page 119 of 371
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-XX-XX 5
30.ATTORNEY’S FEES. In the event that either party to
this Contract shall commence any action against the other party
arising out of or in connection with this Contract, or contesting the
validity of the Contract or any provisions of the Contract, the
prevailing party shall be entitled to recover from the other party
reasonable attorney’s fees and related costs, and fees and
expenses incurred by the prevailing party in connection with such
action or proceeding.
31.COMPLIANCE WITH THE IMMIGRATION REFORM
AND CONTROL ACT OF 1986. Contractor certifies that
Contractor has complied with the United States Immigration
Reform and Control Act of 1986. All persons employed by
Contractor for the performance of this Contract have completed
and signed Form I-9 verifying their identities and authorization for
employment.
32.USE OF CITY NAME OR LOGO. Except as otherwise
provided in this Contract, the Contractor shall not refer to this
Contract or the City of Englewood in any advertising or
promotions in such a manner as to state or imply that the product
or service provided is endorsed or preferred by the City of
Englewood, its employees, or its Departments, or is considered
by these entities to be superior to other products or services. Any
use of the name, image, or logo of the City of Englewood in
advertising or promotions must be approved in writing by the City
prior to such use.
33.INCORPORATION BY REFERENCE. 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 and
shall supersede any apparently conflicting provision otherwise
contained in this Contract.
34.LIQUIDATED DAMAGES: The City and Contractor
recognize that time is of the essence in this Agreement because
of the public interest in health and safety, and that the City will
suffer financial loss, and inconvenience, if the Work is not
complete within the time specified in the bid documents and
Attachment A – Statement of Work, plus any extensions thereof
that have been agreed to by the Parties. The Parties also
recognize the delays, expense and difficulties involved in proving,
in a legal proceeding, the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring
any such proof, the City and Contractor agree that as liquidated
damages for delay, but not as a penalty, Contractor shall pay the
City $___ (XXXXXXX) for each day that expires after the time
specified for substantial completion until the Work is complete,
and $___ (XXXXXXX) for each day that expires after the time
specified for final completion of the Work.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 120 of 371
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
6
ATTACHMENT B
STATEMENT OF WORK
(Provide the requested information below)
1.GENERAL
[Reference to Contract for Services by date and CFS Number]
2.NAMES OF PROJECT COORDINATORS
3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK
[General description of work or services]
4.EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
5.OTHER CONSULTANT RESOURCES
[If desired, provide for the Consultant’s commitment of its own staff, facilities, and other
resources by nature or item]
6.DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
[Include functional and technical specifications of Work Product and Documentation, and
refer to any specific enhancements that may be sought.]
[Describe prototype or components to be delivered.]
[Include as Deliverables copies of the reports of all project reviews, inspections, and
tests conducted during the course of performance.]
7.SPECIAL PROJECT REQUIREMENTS, IF ANY
8.MODE OF PAYMENT
9.PAYMENT SCHEDULE
City will pay Consultant for the work in accordance with the following payment schedule. All
payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones
set forth below. Payments shall be made upon City’s written confirmation to Consultant that the
Deliverables-Milestones have been satisfied.
[Insert payment schedule]
10.SCHEDULE AND PERFORMANCE MILESTONES
Page 121 of 371
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-XX-XX 7
This schedule sets for the target dates and performance milestones for the preparation and
delivery of the Deliverables by Consultant.
Performance Responsible Target
Milestone Party Date
11.DATE FOR COMPLETION OF WORK:____________________________
12.ACCEPTANCE AND TESTING PROCEDURES, IF NECESSARY.
13.LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at its regular office located in
___________.
City will provide the City office space and support as it agrees may be appropriate, at its
______________ facility.
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services
Agreement between the parties hereto dated _______________, 20__, the parties have
executed this Statement of Work as of this ______ day of ________________, 20__.
CITY OF ENGLEWOOD, COLORADO
By:
(Signature)
_________________________________
(Print Name)
Title:
Date: _______________________________
____________________________________
Consultant Name
By:
(Signature)
_________________________________
(Print Name)
Title:
Date: _______________________________
Page 122 of 371
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-XX-XX 8
ATTACHMENT C
CONTRACTOR’S PROPOSAL
(If necessary)
Contractor accepts agreement as is.
Page 123 of 371
Page 124 of 371
Page 125 of 371
RFP-24-029 CCPM Snow and Ice Removal
Pricing Worksheet
No.Item Description Unit Price Unit
1 FOREMAN AND PICKUP TRUCK (on site)65.00$ Per Hour
2
SNOW REMOVAL: SIDEWALKS, WALKWAYS AND
PEDESTRIAN RAMPS 145.00$ Per Hour Per piece of equipment
3 SNOW REMOVAL: PARKING LOTS 195.00$ Per Hour Per piece of equipment
4 SNOW REMOVAL: PARKING STRUCTURE 145.00$ Per Hour Rubber blade
5 SNOW REMOVAL: STAIRWAYS 56.00$ Per Hour Per labor hour
6 APPLICATION OF DE-ICING AGENT 56.00$ Per Hour Per labor hour
APPLICATION OF DE-ICING AGENT PARKING LOT 145.00$ Per Hour
7
SNOW REMOVAL TO DESIGNATED AREA (2800 S. Platte
River Drive, Englewood) (only for storm events where
accumulation is three (3) inches or greater)435.00$ Per Hour
8
CALLS FOR SERVICE (response within 1 hour; 24-hours
per day, seven days per week)315.00$ Each instance
EXHIBIT E
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RFP-24-029 CCPM Snow and Ice Removal
Pricing Worksheet
Snow removal services require snow removal crews have the
equipment they need to do the work. No equipment is provided
by the COE / CCPM.
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RFP-24-027 CCPM Snow and Ice Removal
Pricing Worksheet
No.Item Description
Material Cost Markup
Percentage
1 DE-ICING AGENT (per pound applied)0.80$
2 SLICER PER TON (1 TON MINIMUM)240.00$
The following materials will be provided by the Contractor, upon written approval by CCPM. A
markup cost to cover material acquisition, delivery, storage, etc. shall be added to all invoices for
actual costs associated with material purchase for this contract. City of Englewood can request
copies of invoices at anytime to audit de-icing pricing. For example, CCPM would pay the
Contractor:
Actual Material Cost (based on a valid invoice) + Material Markup Percentage = Total
The labor costs associated with installation/application of these materials shall be included in
the Pricing Worksheet tab (Item # 6).
Page 128 of 371
Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date TBD
Amendment Amount End Date
Amended Contract Amount Total Term in Years
Vendor Contact Information:
Name Contact
Address Phone
Email
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
Budget Authorization of Contract Work/Services
DCPS Cleaning dba Integrated Cleaning Services
CFS-Contract for Services
The contract dates will be finalized after Council review scheduled for January 21,2025.
CFS-24-231 Snow and Ice Removal Services
$ 550,000
$ -
303 994-4367Tre Blake
tblake@englewoodco.govCCPM Coordinator
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
The Contractor will provide the City Center Property Mainenance (CCPM) with snow removal services.
Services include plowing/removing snow and ice from parking lots, sidewalks, and pedrestian ramps. Deicing agents will be applied to pedestrian
access/egress points during or immediately after snow removal.
A Request for Proposal (RFP-24-029) was issued and eight (8) proposals were received. The proposals were evaluated and scored and vendors were
interviewed. DCPS Cleaning was the selected contractor.
Fund 02-General Fund for 1010-City Center Property Management for Contracted Services 54201 was budgeted for 2025.
Renewal options available A one-year contract, with the option to renew for four (4) additional one-year periods.
Payment terms
(please describe terms or
attached schedule if based
on deliverables)
845 548-6581
Ryan.Hiller@denvercps.com
Ryan Hiller
Page 129 of 371
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
Source of Funds:
CAPITAL ONLY Item A B C D 1=A-B-C-D
Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining
O 2025 02 1010 54201 Yes 1,379,807$ -$ 550,000$ 829,807$
O 02 1010 54201 -$ -$ -$ 280,000$ (280,000)$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total Current Year 1,379,807$ -$ -$ 830,000$ 549,807$
C -$ -$ -$ -$ -$
C -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$ -$
GRAND TOTAL 1,379,807$ -$ -$ 830,000$ 549,807$
Process for Choosing Contractor:
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
PLEASE NOTE:
City Council Approval Required for the following:
- Budgeted Contracts or Agreements greater than $250,000
- Non-Budgeted Contracts or Agreements greater than $125,000
Request for Proposal (RFP-24-029) Solicitation Name and Number:
NOTES/COMMENTS (if needed):
The City of Englewood contributes a percentage of the overall budget and funding for the Common Area Maintenace (CAM) for the City Center Property
Maintenance (CCPM / formerly EEF). The COE shares the cost for the upkeep of the properties with the other tenants utilizing the space. Public Works is
responsible for soliciting and managing the vendor contracts.
Landscaping
Snow & Ice Removal
Solicitation Evaluation Summary/Bid Tabulation Attached
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation Attached
Contract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
Page 130 of 371
Approval of a Contract for
Snow & Ice Removal City Center
Property Management
Presented By
Melinda Goblirsch –City Architect
Tre Blake –Facilities Project Administrator
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Purpose of the Contract
•Vendors had depleted the number of renewals allowed.
•A Request for Proposal (RFP) for snow and ice removal services was issued
on September 24th, 2024.
•Eight (8) Proposals were received. Staff evaluated and scored based on a
number of criteria.
•DCPS Cleaning was the selected contractor.
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Purpose of the Request
•City Center Property Management (CCPM) seeks approval for a new contract
with DCPS Cleaning to provide snow and ice removal.
•Services include plowing/removing snow and ice from parking lots, and
sidewalks. Applying deicing agents during or immediately after snow
removal.
•DCPS has successfully provided ice and snow removal services for a number
of municipalities and medical campuses.
•DCPS was selected based on presentation, evaluation and interview.
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Analysis
•Civic Center and surrounding properties require
snow & ice removal to clear sidewalks and parking
lots after snowfall events. This is to maintain safe
and slip resistant surfaces for City employees,
transit users, tenants, customers and visitors and
extends over a large area.
•A new agreement with DCPS will cover these
services.
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Financial Implications
•Funding Source:
Year Fund No.Fund Title Amount
2025
02 1010 54201 Professional Services $ (550,000)
Total $ (550,000)
The City of Englewood’s Public Works (PW) Department is responsible for managing the Common Area
maintenance (CAM) agreements for the foreseeable future.
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Summary
•Staff requests that City Council approve, by consent, a new Contract with
DCPS Cleaning, in the not-to-exceed amount of $550,000.
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Questions?
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City of Englewood
Public Works
1000 Englewood Parkway
Englewood, CO 80110
303-762-2340
MEMORANDUM
TO:Victor Rachael, Director of Public Works
THROUGH: Ron Thornton, Deputy Director O&M Public Works Reviewed: __RT_____
FROM: Melinda Goblirsch, City Architect
DATE: January 7, 2025
SUBJECT: City Center Property Maintenance (CCPM)
Request for Approval of Contract for Snow and Ice Removal Services
Facility Project Management seeks approval of a Contract for Snow and Ice removal Services in the
amount of $550,000.00.
An RFP for snow and ice removal services was issued and eight (8) proposals were received:
Applied Property Services
ARC Construction Solutions LLC
BSR Operations LLC
DCPS Cleaning dba Integrated Cleaning Services
Environmental Designs
Keesen Landscape Management LLC
Olson Lawn Care LLC
ZTL Partners LLC
The proposals were evaluated and scored based on the criteria provided in RFP #24-029. A weighted
total score was determined based on Project Understanding & Management Approach (30%); Project
Team Experience & Technical Capability (40%); and Price (30%).
The selection committee interviewed 3 (three) of the vendors.
DCPS Cleaning was the selected contractor.
Action Requested:
A one-year contract, with the option to renew for four (4) additional one-year periods.
Contract requested is for a Not-to-Exceed amount of $550,000.00
Funding:Project Number: 02 1010-02 1010 010
G/L Account: 02-1010-54201 – CCPM Professional Services
The City of Englewood contributes a percentage of the overall budget and funding for the
Common Area Maintenace (CAM) for the City Center Property Maintenance (CCPM / formerly
EEF). The COE shares the cost for the upkeep of the properties with the other tenants utilizing
the space.
Page 138 of 371
2
Public Works is responsible for soliciting and managing the vendor contracts.
Attachments:Agreement Number: CFS-24-231
City Council: Agenda Item for review and approval scheduled for January 21, 2025
Page 139 of 371
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Landscaping Limits
Dog Walking Areas
(Limits shaded in yellow)
¶N SCALE:DATE: January 7, 2019PHOTO DATE: 2016
1 inch = 300 feet
EXHIBIT C
Page 140 of 371
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Pieter Van Ry, Sarah Stone
DEPARTMENT: Utilities
DATE: January 21, 2025
SUBJECT:
Award of a Contract for Services with Layne, A Granite Company
for Deep Well Repair
DESCRIPTION:
Utilities staff is seeking City Council approval of a Contract for Services (CFS) with Layne, A
Granite Company (Layne) to repair an existing City of Englewood (City) deep well.
RECOMMENDATION:
Utilities staff recommends City Council approval of a CFS with Layne to repair an existing City
deep well in the amount of $136,000, including approval to execute change order(s) to expend a
10% staff-managed contingency of $13,600, if needed, for a total project authorization of
$149,600.
The Water and Sewer Board recommended Council approve the CFS with Layne during its
January 14, 2025 meeting.
PREVIOUS COUNCIL ACTION:
None.
SUMMARY:
The City owns three (3) deep wells as part of its water resources portfolio, all of which are
currently inoperable. Two (2) wells are located at McLellan Reservoir and supply water to the
reservoir through Dad Clark Gulch. One of these, well number LF–M2, is a historically
productive well that withdraws water from the Laramie-Fox Hills aquifer and augments the
storage in McLellan Reservoir. The third well is located at the Broken Tee Golf Course and
provides irrigation water to the golf course.
In June 2023, the three (3) deep wells were inspected by Colorado Pump Service and Supply
(CPS), which informed the scope of necessary repairs to ensure future long-term functionality of
well LF–M2. Regional pumping in the Laramie-Fox Hills aquifer has increased in recent years.
For this reason, in March 2024, Utilities staff contracted with CPS to perform a deep well
capacity test on well LF–M2 to measure the aquifer’s recharge rate, which is how much
continuous yield the well can supply. The capacity test confirmed that the well can yield up to its
permitted amount of 450 Gallons Per Minute (GPM). It also determined that given the current
trend in aquifer water level decline, the well will be viable for another 30 years without requiring
redrilling, but the pump will need to be lowered by 220 feet in the well to maintain its viability.
Based on this information, Utilities staff decided to proceed with the repair of deep well LF–M2.
ANALYSIS:
Page 141 of 371
Utilities staff recommends approval of a CFS with Layne to repair deep well LF–M2 in the
amount of $149,600. Utilities staff advertised a Request for Proposal (RFP) on the Rocky
Mountain E-Purchasing System (BidNet) in September 2024 to repair and rehab deep well LF–
M2. Three (3) proposals were received from CPS, Layne, and Hydro Resources (Hydro). The
proposal costs are summarized in Table 1. The scope of work requested in the RFP included
the replacement of the pump, motor, and appurtenances, lowering equipment in the deep well,
and rehabbing the well. Vendors were asked to submit two (2) proposal alternatives: a 300 GPM
capacity option for in-kind replacement and a 450 GPM capacity option that would meet the
permitted maximum for the well. After receiving and reviewing the proposals for the higher
capacity option, City staff eliminated the 450 GPM alternative due to significantly higher costs
associated with electrical changes that would be required.
Table 1: Vendor Proposals Received
CPS Layne Hydro
Replacement Pump $27,677 $16,000 $22,175
Replacement Motor $22,053 $28,000 $15,845
General
Requirements &
Remaining Tasks
$100,797 $77,100 $71,750
Total $150,527 $121,100 $109,770
The selection committee, comprised of four (4) members from the Utilities Operations and
Maintenance and Engineering divisions, reviewed and scored each proposal based on the
following criteria:
Project understanding and management approach
Project team experience and technical capability
Price proposal and work breakdown
Layne was selected as the best-value proposal due to its highly experienced project team, the
lowest combined fee for general requirements and well rehabilitation, and the inclusion of a
high-quality motor to ensure the deep well's long-term functionality. To address potential issues
during the project, such as the need to replace more column pipe than anticipated, Utilities staff
added $14,900 for owner-directed supplemental services and construction use taxes to the
contract request. This brought the proposed total contract authorization to $136,000.
COUNCIL ACTION REQUESTED:
Motion to approve a Contract for Services with Layne, A Granite Company to repair an existing
City of Englewood deep well in the amount of $136,000, including approval to execute change
order(s) to expend a 10% staff-managed contingency of $13,600, if needed, for a total project
authorization of $149,600.
FINANCIAL IMPLICATIONS:
Funding for this purchase was not included in the 2025 Utilities budget. However, due to the
value the rehabilitation of this well adds to the Englewood water rights portfolio, it is
recommended that this project be completed. Utilities will not exceed the total Water Fund
budget appropriation.
Page 142 of 371
Source of Funds Line–Item
Description
Line–Item
Budget
YTD Line–Item
Expensed
Purchase
Amount
40–1609–61261
Water Fund,
Engineering,
Raw Water
Supply System
$7,897,040 $0 $149,600*
*Maximum Purchase Amount of $149,600 includes a 10% staff-managed contingency of
$13,600, if needed, over a one-year term.
PROCUREMENT INFORMATION
Account Number: 40–1609–61261
CONNECTION TO STRATEGIC PLAN:
Infrastructure:
Ensure protection of the City's water infrastructure
Sustainability:
Maintaining infrastructure
ATTACHMENTS:
Contract Approval Summary
CFS-24-234 Deep Well Repair Project
PowerPoint Presentation
Page 143 of 371
Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date 1/27/2025
Amendment Amount End Date 1/26/2026
Amended Contract Amount Total Term in Years 1.00
Vendor Contact Information:
Name Contact
Address Phone
Email
Commerce
City
CO
City State Zip Code
Contract Type:
Please select from the drop down list
Descripiton of Contract Work/Services
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
The City’s Utilities Department is contracting construction services to perform a comprehensive repair of an existing deep well owned and operated by
The City. Per RFP-24-025.
Renewal options available The initial term of this contract is for one year. The term of this contract shall begin upon the date that both parties have signed the
contract with the work to be completed upon the date set forth in the Statement of Work attached hereto, but at no time shall the
contract be longer than a one-year period.
In the event that the parties desire to extend the contract beyond the one-year period, written notice shall be given to the City no
later than thirty (30) days prior to the end of the contract by the Contractor. If the City agrees to the request for renewal, the parties
shall then enter into an amendment extending this Contract including an amended Statement of Work, if necessary.
Any renewal of this contract is subject to approval by the Englewood City Council.
80022
Payment terms
(please describe terms or
attached schedule if based
on deliverables)
303-842-4229
nathan.anderson@gcinc.com
Nathan Anderson
The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to
accept as the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total
estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof. Payment shall be made in a
lump sum upon final completion of the project unless other payment terms are agreed to by the parties and set forth in the
Statement of Work attached hereto. A 5% retainage of the awarded project amount will be withheld until final inspection and
acceptance by the Project Manager.
CFS-24-234 DEEP WELL REPAIR PROJECT
$ 136,000
$ -
$ 136,000
Adam Marquez
Utilities Engineering Supervisor
303-783-6859
AMarquez@EnglewoodCO.gov
Layne Christensen Company
5810 E 77th Ave
CFS-Contract for Services
Page 144 of 371
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
Procurement Justification of Contract Work/Services
Budget Authorization of Contract Work/Services
Utilities staff recommends approval of a CFS with Layne to repair deep well LF–M2 in the amount of $149,600. Utilities staff advertised a Request for
Proposal (RFP) on the Rocky Mountain E-Purchasing System (BidNet) in September 2024 to repair and rehab deep well LF–M2. Three (3) proposals were
received from CPS, Layne, and Hydro Resources (Hydro). The proposal costs are summarized in Table 1. The scope of work requested in the RFP included
the replacement of the pump, motor, and appurtenances, lowering equipment in the deep well, and rehabbing the well. Vendors were asked to submit
two (2) proposal alternatives: a 300 GPM capacity option for in-kind replacement and a 450 GPM capacity option that would meet the permitted
maximum for the well. After receiving and reviewing the proposals for the higher capacity option, City staff eliminated the 450 GPM alternative due to
significantly higher costs associated with electrical changes that would be required.
The selection committee, comprised of four (4) members from the Utilities Operations and Maintenance and Engineering divisions, reviewed and scored
each proposal based on the following criteria:
Layne was selected as the best-value proposal due to its highly experienced project team, the lowest combined fee for general requirements and well
rehabilitation, and the inclusion of a high-quality motor to ensure the deep well's long-term functionality. To address potential issues during the project,
such as the need to replace more column pipe than anticipated, Utilities staff added $14,900 for owner-directed supplemental services and construction
use taxes to the contract request. This brought the proposed total contract authorization to $136,000.
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City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
Source of Funds:
CAPITAL ONLY Item A B C D 1=A-B-C-D
Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining
C 2025 40 1609 61261 NO 7,897,040$ -$ 485,630$ 149,600$ 7,261,810$
C -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total Current Year 7,897,040$ -$ 485,630$ 149,600$ 7,261,810$
C -$ -$ -$ -$ -$
C -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$ -$
GRAND TOTAL 7,897,040$ -$ 485,630$ $149,600*7,261,810$
Process for Choosing Contractor:
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
PLEASE NOTE:
City Council Approval Required for the following:
- Budgeted Contracts or Agreements greater than $250,000
- Non-Budgeted Contracts or Agreements greater than $125,000
Water Fund,
Engineering, Raw
Water Supply System
RFP-24-025Solicitation Name and Number:
NOTES/COMMENTS (if needed):
*Maximum Purchase Amount of $149,600 includes a 10% staff-managed contingency of $13,600, if needed, over a one-year term.
Solicitation Evaluation Summary/Bid Tabulation 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
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1
CONTRACT FOR SERVICES
AGREEMENT NUMBER CFS-24-234
DEEP WELL REPAIR PROJECT
Not to exceed $136,000
THIS CONTRACT made and entered into on by and between Layne
Christensen Company, 5810 E 77th Ave, Commerce City, CO 80022 hereinafter called the CONTRACTOR
and the CITY OF ENGLEWOOD, hereinafter called the CITY.
WITNESSETH; The parties do hereby contract and agree as follows:
1. The CONTRACTOR shall furnish the CITY the following services:
Perform a comprehensive repair of an existing deep well owned and operated by The City.
At the location of: McLellan Deep Well Site at longitude 104° 59' 57.5232" W and latitude
39° 33' 49.7952" N for a total contract price of: Not to exceed One-hundred thirty-six thousand
($136,000.00) Dollars
2. The initial term of this contract is for one year. The term of this contract shall begin upon the date
that both parties have signed the contract with the work to be completed upon the date set forth in
the Statement of Work attached hereto, but at no time shall the contract be longer than a one-year
period.
In the event that the parties desire to extend the contract beyond the one-year period, written notice
shall be given to the City no later than thirty (30) days prior to the end of the contract by the
Contractor. If the City agrees to the request for renewal, the parties shall then enter into an
amendment extending this Contract including an amended Statement of Work, if necessary.
Any renewal of this contract is subject to approval by the Englewood City Council.
3. The Contractor shall not commence work under this Contract until the insurance required under
Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of
such insurance has been submitted to the City.
4. The project or services being provided hereunder shall be supervised or inspected by the Project
Manager for the City, or his or her authorized designee.
5. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work
required under this contract, and the Contractor agrees to accept as the entire and only
compensation therefore, such sum or sums of money as may be proper in accordance with the
total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a
part hereof. Payment shall be made in a lump sum upon final completion of the project unless
other payment terms are agreed to by the parties and set forth in the Statement of Work attached
hereto. A 5% retainage of the awarded project amount will be withheld until final inspection and
acceptance by the Project Manager.
6. The Contractor shall guarantee all labor and material used in the performance of this Contract for
a period of one year from the final written approval by the City or as per the Request for Qualification
and Specifications.
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CFS-24-234 2
7. This Contract shall be subject to all terms and conditions contained herein, in Englewood Municipal
Code (EMC) 4-1-3-4, and the following Exhibits attached hereto, which are incorporated by
reference as is fully set forth herein:
Exhibit A: General Terms and Conditions
Exhibit B: Statement of Work
Exhibit C: Contractor Proposal
Exhibit D: RFP-24-025
Exhibit E: Technical Information Packet
Exhibit F: General Terms and Conditions
In the event of any conflict, provisions shall prevail over conflicting provisions in the following order:
EMC 4-1-3-4 shall prevail over all conflicting provisions, followed by this Contract and then Exhibits
in order, starting with A. Any additional Exhibits or Attachments shall only be incorporated into this
Contract, and become part of the binding terms and conditions, upon written amendment to this
Contract specifically providing for their inclusion.
CITY OF ENGLEWOOD
By: Date: (Department Director)
By: ________________________________ Date: __________________ (City Manager)
By: ________________________________ Date: __________________ (Mayor)
ATTEST:
City Clerk
LAYNE CHRISTENSEN COMPANY
Co
By: Date: (Signature)
_______________________________
(Print name and Title)
NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients of
$600.00 or more to furnish their taxpayer identification number to the payer. The regulations also
provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In
order to comply with these regulations, the City requires your federal tax identification number or
Social Security Number, whichever is applicable.
Nathan L. Anderson - Account Manager III
1/8/25
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CFS-24-234 4
EXHIBIT A – GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1. PROPOSAL ACCEPTANCE. Proposals are subject to
acceptance by the signing of a contract and issuance of an
appropriate purchase order at any time within sixty (60) days after
the receipt of quotes unless otherwise stipulated. The City
reserves the right to accept or reject any and all quotes and
reserves the right to waive any informality in any quote. All
contracts over $100,000 are subject to approval by City Council.
This contract and any attachments are not valid until such
approval has been obtained.
2. SITE EXAMINATION. If applicable, Contractor must
examine the site and certify all measurements, specifications and
conditions affecting the work to be performed at the site. By
submitting their quote, the Contractor warrants that he or she
(hereinafter he or his) made such site examination as they deem
necessary regarding the condition of the site; its accessibility for
materials, workmen and utilities and the Contractor’s ability to
protect existing surface and subsurface improvements. No claim
for allowance of time or money will be allowed as to such matters
or for any other undiscovered conditions on the site.
3. EQUIPMENT AND LABOR. The Contractor shall
furnish all tools, equipment, apparatus, facilities, transportation,
labor, and material necessary to furnish the services herein
described. The services shall be performed at such times and
places as directed by the authorized City representative as
indicated in the work specifications or statement of work attached
hereto.
4. SUBCONTRACTORS. Contractor agrees to bind
every subcontractor to the terms of this contract as far as such
terms are applicable to subcontractor's work. If Contractor shall
subcontract any part of this contract, Contractor shall be fully
responsible to the City for acts and omissions of his subcontractor
and of persons either directly or indirectly employed by himself.
Nothing contained in the contract documents shall create any
contractual relations between any subcontractor and the City.
5. DEFAULT BY CONTRACTOR. When Contractor, or
any subcontractor, or vendor shall fail to deliver any article or
service or shall deliver any article or service which does not
conform to the work specifications or the Statement of Work, the
City may, upon five (5) business days’ prior written notice
describing the default, at its option, annul and set aside the
contract entered into with said Contractor, subcontractor or
vendor either in whole or in part, and enter into a new contract in
such a manner which would be to the best advantage of the City.
The City reserves the right to cancel any articles or services which
the Contractor may be unable to furnish because of economic
conditions, governmental regulations or other similar causes
beyond the control of the Contractor provided satisfactory proof is
furnished to the City, if requested.
6. CONTRACT CHANGES. No changes or alterations to
this contract shall be made without specific prior written approval
by both parties.
7. WORKERS. Contractor shall at all times enforce strict
discipline and good order among his employees and shall not
employ on work any unfit person or anyone not skilled in work
assigned to him or her. Any person in the employ of the
Contractor who the City may deem incompetent or unfit shall be
dismissed from the job site and shall not again be employed at
the site without written consent from the City.
8. SUBSTITUTIONS. No substitutions of materials or
persons from those specified in the Statement of Work shall be
made without the prior written approval of the City.
9. CONTRACTOR SUPERVISION. Contractor shall
provide competent supervision of personnel employed on the job
site, use of equipment, and quality of workmanship.
10. CLEAN UP. Debris shall be removed from the
premises. The job site shall be kept in good order at all times
when work is not actually being performed and shall be
maintained in a safe and clean condition.
11. ACCESS TO WORK. City representatives shall at all
times have access to work wherever it is in preparation or
progress. Contractor shall provide safe and proper facilities for
such access.
12. PROTECTION OF WORK AND PROPERTY. The
Contractor shall erect and properly maintain at all times, as
required by conditions and progress of work, all necessary
safeguards, signs, barriers, lights, and watchmen for protection of
workmen and the public, and shall post danger signs warning
against hazards created by such features in the course of the
construction.
13. OCCUPANCY. The City reserves the right to occupy
buildings at any time before formal contract completion and such
occupancy shall not constitute final acceptance or approval of any
part of the work covered by this contract, nor shall such
occupancy extend the date specified for substantial completion of
the work.
14. ASSIGNMENT OF CONTRACT AND PURCHASE
ORDER. The Contractor shall not assign or transfer by operation
of law or otherwise any or all of its rights, burdens, duties, or
obligations under this contract without the prior written consent of
the City.
15. FORCE MAJEURE CLAUSE. The parties to the
Contract shall be excused from performance hereunder during the
time and to the extent that they are prevented from obtaining,
delivering, or performing by an act of God, fire, strike, loss,
shortage of transportation facilities, lock-out, or the
commandeering of materials, products, plants or facilities by the
government; when satisfactory evidence thereof is presented to
the other party(ies), provided that it is satisfactorily established
that the non-performance is not due to the fault or neglect of the
party not performing.
16. HOLD HARMLESS CONTRACT. The Contractor shall
save, defend, hold harmless and indemnify the City from and
against any and all losses, damages, liabilities, claims, and costs
of whatsoever kind and nature for injury to or death of any person
and for loss or damage to any property occurring in connection
with or in any way incident to or arising out of the occupancy, use,
service, operations, or performance of work on property under the
terms of this contract by any employee, agent, or representative
of Contractor and/or its subcontractors unless such loss was a
result of the negligent acts or omissions of the City.
17. PAYMENT. Unless otherwise specified, the Contractor
shall render invoices for materials delivered or services performed
under the Contract or Purchase Order. The City shall make
payment for materials, supplies or other services furnished under
this Contract in lump sum on completion of the work within thirty
(30) days after delivery to and approval by the authorized City
representative of all invoices and other documentary evidence
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CFS-24-234 5
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 $3,000,000 per
occurrence; Professional Liability Errors and Omissions in the
amount of $1,000,000 per occurrence; and Employee Dishonesty
and Computer Fraud in the amount of $1,000,000 per occurrence.
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 all of 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. This
assignment 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 party
arising out of or in connection with this Contract, or contesting the
validity of the Contract or any provisions of the Contract, the
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CFS-24-234 6
prevailing party shall be entitled to recover from the other party
reasonable attorney’s fees and related costs, and fees and
expenses incurred by the prevailing party in connection with such
action or proceeding.
31. COMPLIANCE WITH THE IMMIGRATION REFORM
AND CONTROL ACT OF 1986. Contractor certifies that
Contractor has complied with the United States Immigration
Reform and Control Act of 1986. All persons employed by
Contractor for the performance of this Contract have completed
and signed Form I-9 verifying their identities and authorization for
employment.
32. USE OF CITY NAME OR LOGO. Except as otherwise
provided in this Contract, the Contractor shall not refer to this
Contract or the City of Englewood in any advertising or
promotions in such a manner as to state or imply that the product
or service provided is endorsed or preferred by the City of
Englewood, its employees, or its Departments, or is considered
by these entities to be superior to other products or services. Any
use of the name, image, or logo of the City of Englewood in
advertising or promotions must be approved in writing by the City
prior to such use.
33. INCORPORATION BY REFERENCE. 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 and
shall supersede any apparently conflicting provision otherwise
contained in this Contract.
34. LIQUIDATED DAMAGES: The City and Contractor
recognize that time is of the essence in this Agreement because
of the public interest in health and safety, and that the City will
suffer financial loss, and inconvenience, if the Work is not
complete within the time specified in the bid documents and
Attachment A – Statement of Work, plus any extensions thereof
that have been agreed to by the Parties. The Parties also
recognize the delays, expense and difficulties involved in proving,
in a legal proceeding, the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring
any such proof, the City and Contractor agree that as liquidated
damages for delay, but not as a penalty, Contractor shall pay the
City $500.00 for each day that expires after the time specified for
substantial completion until the Work is complete, and $500.00 for
each day that expires after the time specified for final completion
of the Work.
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CFS-24-234 7
EXHIBIT B
STATEMENT OF WORK
1. GENERAL
This Statement of Work is attached to and made part of the Contract for Services (CFS)
dated the same date as the contract between the City of Englewood (CITY) and Layne
Christensen Company (CONTRACTOR) for the City of Englewood’s Deep Well Repair
Project.
Contract amount of $136,000 for the one-year contract term with an option to renew for
two additional years.
2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS
Layne Christensen Company
Nathan Anderson
5810 E 77th Ave.
Commerce City, CO 80022
303-842-4229
nathan.anderson@gcinc.com
City of Englewood
Adam Marquez
1500 W Layton Ave
Englewood, CO 80110
720-545-3687
amarquez@englewoodco.gov
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
The City’s Utilities Department is contracting construction services to perform a
comprehensive repair of an existing deep well owned and operated by The City.
Per RFP-24-025.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
The City will assist in site access coordination when necessary.
5. OTHER CONTRACTOR RESOURCES
N/A
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
The Contractor will perform the following tasks:
Task 1.1 – Project Management: Generally consisting of the following:
1. Meeting the requirements of the City’s General Conditions
2. Provide administrative efforts associated with the Project, such as subcontracting
(as required)
3. Submit product data for ordered parts and equipment
4. Rough maintenance plan and record of warranties
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5. Document proper use and procedures of new equipment
6. Perform pay applications
7. Ancillary work associated with General Conditions not explicitly detailed above
Task 1.2 – Site Preparation: Generally consisting of the following:
1. Coordinating with Owner for site access and work hours
2. Restoring fence after project completion if fencing needs to be removed
3. Provide construction management and supervision of site staff
4. Minimizing mobilization window by initiating construction when all parts are
ordered
5. Coordinate discrepancies of existing conditions with Owner and Engineer
6. Dispose of all demolished equipment off-site
7. Verify well head is sealed and protected
8. Work as required in other specifications not detailed elsewhere
9. Ancillary work associated with General Requirements not explicitly detailed above
Task 1.3 – Environmental & Safety Compliance: Generally consisting of the following:
1. Test water to be discharged during rehab and start up
2. Conduct pH testing and submit the results to the Owner
3. Coordinate with Owner when discharge will take place for City’s water rights
reporting
4. All work must comply with local, state, and federal regulations
5. Ancillary work associated with environmental and safety compliance not explicitly
detailed above
Task 2 – Replacement Pump: Generally consisting of the following:
1. Remove the existing pump
2. Install new SIMFLO, 350 gpm, 150 HP pump
3. Ancillary work associated with pump installation not explicitly detailed above
Task 3 – Replacement Check Valves:
1. Remove existing check valves
2. Install two (2) check valves to ensure proper functionality and prevent backflow
3. Ancillary work associated with check valve installation not explicitly detailed above
Task 4 – Replacement Motor: Generally consisting of the following:
1. Remove existing motor
2. Install new 150 HP motor
3. Ancillary work associated with motor replacement not explicitly detailed above
Task 5 –Furnish and install the necessary equipment to lower the pump 220 ft. deeper
than the existing pump is currently installed:
1. Install 220 ft. of column pipe
2. Install additional 220 ft. of MCM submersible cable and necessary splicing
3. Provide airline to lower pump
4. Rethread on segment of column pipe
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5. Ancillary work associated with lowering the pump not explicitly detailed above
Task 6 – Replace 1540 ft. of 1.25 in. PVC tube: Generally consisting of the following:
1. Remove existing run of 1.25 in. PVC tube
2. Install new 1320 ft. of 1.25 in. PVC tube
3. Protect transducer and install functionally on new pipe
4. Ancillary work associated with PVC replacement
Task 7 – Rehabilitate Well: Generally consisting of the following:
1. Mobilize pump rig and support equipment
2. Install tremie pipe and inject chlorinated water
3. Brush/Bail Well – 12 hours
4. Pump out neutralized chemistry – 8 hours
5. Haul one load water and inject into different screen zones
Task 8 – Owner directed supplemental services allowance:
1. Contractor or Owner may propose additional supplemental services not to exceed
$11,900. Use of this task is subject to Section 7.f herein. Services may include, but
are not limited to, additional column pipe replacement, additional electrical cabling,
instrument, or control device replacement.
7. SPECIAL TERMS, IF ANY
a. PURCHASE OF OTHER ITEMS NOT LISTED ON THIS SOLICITATION BASED ON
PERCENTAGE DISCOUNTS: While the City has listed all major items on the solicitation
which are utilized by the City and/or departments in conjunction with their operations, there
may be ancillary items that must be purchased by the City during the term of this contract.
For this reason, Contractors are requested to quote a percentage discount from the price
list that will be offered to the City for items which do not appear on this solicitation. The
City reserves the right to award these ancillary items to the successful Contractor or
another Contractor based on the lowest actual price offered.
b. Contractor will not perform work that is outside the Scope of Work defined in the Task
Order unless approved in advance in writing by Owner. Failure of Contractor to obtain
written authorization for work outside the Scope of Work could result in nonpayment of
those services performed.
c. Where Contractor is prevented from completing any part of the Work within the completion
time due to delay beyond the control of the Contractor, the completion times will be
extended in an amount equal to the time lost due to such delay. Delays beyond the control
of Contractor shall include but not be limited to, acts or neglect by City, acts or neglect of
utility owners or other contractors performing other work, fires, floods, epidemics,
abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor’s
sole and exclusive remedy for the delays. For a delay caused by City, Contractor is
responsible for submitting supporting information. City, at its sole discretion, will determine
the validity of the claim. City’s determination is final.
Page 154 of 371
Page 155 of 371
____________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-24-234 11
3 1 Remove and Replace Check Valves $3,100 $6,200
4 1 Replacement Motor $28,000 $28,000
5.1 220 ft. Additional 5.5” column pipe $51 $11,220
5.2 220 ft. Additional 350 MCM submersible cable
and cable splices $95 $20,900
5.3 1 Provide airline to lower pump $1,900 $1,900
5.4 1 Rethread on segment of column pipe $3,960 $3,960
6 1540 ft Remove and replace 1.25” PVC tubing $1 $1,540
7 1 Rehabilitate Well $21,1280 $21,280
8 1 Miscellaneous Owner-Directed Allowance $11,900 $11,900
9 1
Construction Use Tax: City use tax of 3.8%
and county open space use tax of 0.25%
on 50% of the contract value/price for
improvements to structures, and on 40% of
the contract value/price of improvements
other than to structures.
$3,000 $3,000
TOTAL: $136,000
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets forth the target dates and performance milestones for the preparation and
delivery of the Deliverables by Contractor.
Performance Responsible Target
Milestone Party Date
Contractor Notice To
Proceed
City Jan 27, 2025
Procure Equipment with Lead
Times and Mobilization
Contractor Four (4) weeks after Notice
To Proceed
Complete Repair Work,
Rehab and Commissioning
Testing.
Contractor Seven (7) weeks after Notice
To Proceed
Page 156 of 371
____________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
CFS-24-234 12
Clean and Demobilize From
Site
Contractor Eight (8) weeks after Notice
To Proceed
Project Substantial
Completion
Contractor Ten (10) weeks after Notice
To Proceed
11. ACCEPTANCE AND TESTING PROCEDURES
Perform a brief yield and efficiency test to confirm the pump’s output flow and efficiency meet
manufacturer's specifications. Conduct mechanical and electrical checks to confirm proper
installation, such as shaft alignment and vibration assessment. Operate the pump from the
lowest to the highest achievable flow rates within system limits. Monitor and record flow rate,
pressure, and power consumption to confirm pump stability across the operating range.
Demonstrate that the pump can consistently operate within +/- 5% of its Best Efficiency Point
(BEP). Contractor to provide temporary controls and 480 V cables from wellhead to control and
controls to the disconnect for startup and testing.
12. LOCATION OF WORK FACILITIES
Substantially, all the work will be conducted by Contractor at the McLellan Deep Well Site at
longitude 104° 59' 57.5232" W and latitude 39° 33' 49.7952" N.
IN WITNESS WHEREOF, pursuant and in accordance with the Contract for Services 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: _______________________________
LAYNE CHRISTENSEN COMPANY
Consultant Name
(Signature)
_________________________________ (Print Name)
Title:
Date: _______________________________
Nathan L. Anderson
Account Manager III
1/8/25
Page 157 of 371
Office
5810 East 77th Avenue
Commerce City, CO 80022
T (303-755-1281)
graniteconstruction.com
10/17/24
City of Englewood
RFP No: 24-025
Deep Well Repair
Layne Christensen Company is present this bid for the Deep Well Repair Project.
Company Information:
Layne Christensen Company
5810 E 77th Ave.
Commerce City, CO 80022
Phone: 303-842-4229
Project Goals
•Increase raw water supply
•Extend the lifespan of existing infrastructure
•Comprehensive and seamless startup and operation of the well
•Minimal operations and maintenance costs going forward
Layne Christensen Company has reviewed the video log, inspection report and pumping test data to
design a well rehabilitation program to achieve the above project goals. Layne’s proposed Scope of
Work will follow the outline provided with Section 3. of the project RFQ (Including Addendum No: 1).
Well Rehabilitation Scope
•Mobilize/Demobilize Pump Rig & Support Equipment
•Install Tremie Pipe & Inject Chlorinated Water
•Brush/Bail Well – 12 Hours
•Pump Out Neutralized Chemistry – 8 Hours
•Haul 1 Load Water & Dispose
Schedule
Layne Christensen is available to mobilize within 3 weeks of NTP. Estimated 2-3 weeks of onsite work to
complete the project.
Alternative B (450 GPM Pump):
Layne will no bid this option. Due to the lowered static water level, we do not believe this flow rate is
attainable with the current electrical system capacity at the site. This option is not possible without
upsizing the VFD, Filter and Supply.
EXHIBIT C
Page 158 of 371
Executive Summary
Resumes for Key Personnel have been attached.
Dave Tormoehlen – General Manager responsible for management of all projects and personnel.
Mike Schanaman – Operations Manager responsible for daily site operations, crew and equipment
management. Mike will be the main point of contact during the onsite work.
Logan Wartick – Project Manager responsible for material purchasing and project supplier management.
Nathan Anderson – Account Manager responsible for the bid submission, contract negotiations and
potential change orders or cost adjustments if needed.
Qualifications Statement
Layne Christensen Company provides sustainable solutions for water resources and minerall
exploration. Originally established in 1882, Layne offers a rich history of delivering safe, professional
and reliable water solutions throughout North and South America.
Layne Christensen has operated in the Denver Basin for many years and has drilled and serviced many
Non-Tributary wells throughout the Denver Basin. A brochure for our well maintenance division has
been attached.
Project Title Key Personnel Owner Contact information Period of Performance Contract Value Project Performance Description
1
Castle Pines North
Metropolitan District
Ongoing Well
Maintenance/Pump
Replacements &
Rehabilitations
Mike Schanaman Nathan Travis 303-242-3262 2010-Current $800K/Year NA Projects include chemical
rehabilitations and pumping tests.
2 Heather Gardens Golf Mike Schanaman
Nathan Anderson Harold Borquez 720-974-6912 2024 $247K $128K Change Order
for Rehab
Video log showed the screens
significantly plugged. Layne
presented the information to the
Board and they elected to move
forward with the chemical
rehabilitation.
3 Donala Water and Sanitation Mike Schanaman
Nathan Anderson Ronny White 719-499-8256 2020-Current $300K/Year NA
Projects include chemical
rehabilitations, pump replacements
and VFD Installations.
Project References
Page 159 of 371
ADDENDUM NO. 1
RFP-24-025
DEEP WELL REPAIR
October 4, 2024
Administrative Clarifications
BIDDERS MUST SUBMIT PROPOSALS no later than 2:00PM MST Thursday, October 17, 2024. All
submittals shall be submitted via BidNet – no hard copy proposals will be accepted.
Electronic submissions will be accepted online via Rocky Mountain E-Purchasing Systems (RMEPS),
www.bidnetdirect.com/colorado. Questions or technical difficulties should be directed to the websites’
Vendor Support Team, (800) 835-4603, option 2.
Clarifications
Proposal due date has been changed to Thursday, October 17, 2024, prior to 2:00pm MST.
Attachments
• Pre-Proposal Attendees
• Updated Schedule of Bid Items
• Technical Information Packet
Due to size limits, the Deep Well Videos must be viewed from the City’s SharePoint site. Link
Additional Technical Resource - Videos
• Deep Well Video 1
• Deep Well Video 2
• Deep Well Video 3
The link will be deactivated Tuesday, October 8, 2024, close of business (5:00pm MST).
Vendor Questions
1) Question: The description for Task 3 in the RFP indicates that the pump will need to be removed as
part of this work. Elsewhere in the documents it appears that the pump has already been removed.
Please confirm if removal of the existing equipment is included in this scope or if it has been completed.
Response: The pump has been removed and therefore removal is not necessary.
2) Question: The description for Task 2 on page 5 of the RFP indicates that a pit test pump be installed
to determine the proper well pump size. However, elsewhere in the documents it appears that the well
has already been pump tested to determine the pumping rate. Typically, the term pit test refers to a test
performed on a pump to determine its condition. Will it be necessary to install a test pump in the well
and perform a pumping test as part of this work? Will the existing pump need to be pit tested? If the
existing pump is to be pit tested please provide the manufacturer and model number for estimating
purposes.
Response: The pump should be replaced and therefore there is no need to pit test the pump. Task 2
of the RFP is not required.
3) Question: In order to calculate the new TDH it will be necessary to know the surface pressure during
Page 160 of 371
operation. Please provide this information.
Response: The surface pressure should be at minimum of 2 psi at ground surface. The column pipe is
ductile iron and is approximately 31 years old. COE staff estimate that a 300 GPM pump would require
1180’ TDH, and for a 450 GPM pump, 1300’ TDH would be required.
4) Question: Please confirm that the desired pumping rate for the new equipment is 450 GPM.
Response: Proposer to provide a proposal for two alternatives: Alternative A is for a 300 GPM rated
pump; Alternative B is for a 450 GPM rated pump. See the revised Schedule of Bid Items. The Proposer
shall provide power requirements for each alternative, but the Proposer can assume that any necessary
electrical upgrades outside of the well will be conducted by other parties. The Proposer may also
propose additional electrical upgrades in Task 9 if desired.
5) Question: Can a copy of the video inspection report & video be provided? This will give us a better
picture of the state of the well and help determine the type of rehab process needed.
Response: Yes, this is now uploaded in BidNet as part of the overall Addendum. The original
construction drawings have also been included.
6) Question: Can you provide a GPM and TDH for the new pumping equipment?
Response: COE staff have estimated a 300 GPM pump would require 1180’ TDH, and for a 450 GPM
pump, 1300’ TDH would be required.
7) Question: Regarding the 2 Year Warranty; can the language be revised to state that only new
equipment is required to have a two-year warranty. We are unable to warranty used equipment.
Response: Contract terms & conditions, including warranty terms, can be modified after Proposer
selection. Proposer to assume warranty is only required for new equipment furnished by the selected
Proposer.
8) Question: Who will be responsible for the removal of the fence and putting it back up for site access?
Response: The selected Proposer will be responsible for this.
9) Question: Can you provide additional reports to evaluate the current condition of the well casing and
screens? (Well video logs, video reports, screenshots)
Response: Yes, this is now uploaded in BidNet as part of the overall Addendum.
10) Question: Pump Replacement – What design point should we assume for the bid? Please specify flow
rate and head pressure.
Response: COE staff have estimated a 300 GPM pump would require 1180’ TDH, and for a 450 GPM
pump, 1300’ TDH would be required. The surface pressure should be at least 2 psi at ground surface.
The column pipe is ductile iron and is approximately 31 years old.
11) Question: Do we need to assume replacing 40’ of column pipe? Can this item be added to the bid
schedule?
Response: One segment of column pipe should be rethreaded. See the revised Schedule Of Bid Items.
12) Question: Task 2: Pit test. Are we to set a pump and test the well. If yes what length of test we be
required? There was performed in March of 2024.
Response: This is not required and has been removed as part of the Addendum.
13) Question: Task 3: There is no pump in the well now. Operational requirements? Are you wanting to
pump the permit maximum of 450 GPM? This would require up-sizing the VFD and electrical controls?
Could you provide design point with desired GPM and TDH? If design point requires new electrical
equipment, would we put that cost in task 3 or 4?
Response: Proposer to provide a proposal for two alternatives: Alternative A is for a 300 GPM rated
pump; Alternative B is for a 450 GPM rated pump. See the revised Schedule of Bid Items. The Proposer
shall provide power requirements for each alternative, but the Proposer can assume that any necessary
Page 161 of 371
electrical upgrades outside of the well will be conducted by other parties. The Proposer may also
propose additional electrical upgrades in Task 9 if desired.
14)Question: Task 6: There is one stick of pipe on site that needs to be rethreaded. would you like it
rethreaded or replaced?
Response: This should be rethreaded. See revised Schedule of Bid Items.
15)Question: Task 8: “restore it to full operational capacity” We can clean and develop the well but to
operational capacity will not match capacity when drilled. Water levels have dropped in the formation
since original install. Is there a sanitary sewer available for discharge of water produced from well
rehab? Is there make up water onsite? If not, are we able to set test pump in smaller well on site
for makeup water?
Response: There is no sanitary sewer to discharge to onsite. The Proposer is required to determine a
plan for disposal of waste streams produced during rehab. If necessary, Proposer will be required to
obtain a discharge permit with authorities having jurisdiction.
The pump last used was rated for 300 GPM, which was considered full operational capacity as a
functional deep well.
See Technical Information Packet for well profile information. The well is already drilled deep enough,
the column pipe needs to be extended down for the pump intake setting to be lowered.
There is no makeup water on site from another well, water can only be used from the well being
repaired.
16)Question: Will building permits be required for pump replacement?
Response: No building permits required.
17)Question: Are Bonds required?
Response: A Bid Bond is not required. Performance and Payment Bond will be required for the
awarded contractor.
ACKNOWLEDGEMENT TO ADDENDUM #1
Signature below indicates that applicant has read all the information provided above and agrees to comply
in full. This addendum is considered as a section of the Request for Proposal RFP-24-025 and therefore,
this signed document shall become consideration and fully submitted with the original package.
___________________________
Date
________________________
Title
___________
Signature
_______________________________________
Print Name
___________________________________________
Company Name
Nathan L. Anderson
10/17/24
Account Manager III
Layne Christensen Company
Page 162 of 371
Alternative A (350 GPM Pump): Schedule of Bid Items
Item Quantity Price Each Total
Task 1 – General Requirements 1
Task 2 – Pit Test Pump (No longer required) 0 $0 $0
Task 3 – Replacement Pump 1
Task 4 – Remove & Replace Check Valves 2
Task 5 – Replacement Motor 1
Task 6.1 – Additional 5.5” column pipe 220 ft.
Task 6.2 – Additional 350 MCM submersible cable and
cable splices 220 ft.
Task 6.3 – Provide airline to lower pump 1
Task 6.4 – Rethread on segment of column pipe 1
Task 7 – Remove and Replace 1.25” PVC tubing 1540 ft.
Task 8 – Rehabilitate Well 1
Task 9 – Miscellaneous Owner-Directed Allowance 1 $50,000 $50,000
Alternative B (450 GPM Pump): Schedule of Bid Items
Item Quantity Price Each Total
Task 1 – General Requirements 1
Task 2 – Pit Test Pump (No longer required) 0 $0 $0
Task 3 – Replacement Pump 1
Task 4 – Remove & Replace Check Valves 2
Task 5 – Replacement Motor 1
Task 6.1 – Additional 5.5” column pipe 220 ft.
Task 6.2 – Additional 350 MCM submersible cable and
cable splices 220 ft.
$10,100 10,100
$16,000 $16,000
$3,100 $6,200
$28,000 $28,000
$51 $11,220
$95 $20,900
$1,900 $1,900
$3,960 $3,960
$1 $1,540
$21,180 $21,180
No Bid
Page 163 of 371
Task 6.3 – Provide airline to lower pump 1
Task 6.4 – Rethread on segment of column pipe 1
Task 7 – Remove and Replace 1.25” PVC tubing 1540 ft.
Task 8 – Rehabilitate Well 1
Task 9 – Miscellaneous Owner-Directed Allowance 1 $50,000 $50,000
Page 164 of 371
Page 165 of 371
Page 166 of 371
Page 1 of 1
AMENDMENT TO SUBCONTRACT
In consideration of the following mutual covenants, and notwithstanding any conflicting or inconsistent term or condition set forth in the
Subcontract (the “Subcontract”) dated ___________, City of Englewood (“Contractor”) and Layne Christensen Company (“Subcontractor”) agree to
amend the Subcontract as follows, which amendment shall be controlling in all instances:
1. Indemnification. Subcontractor’s obligation to indemnify and hold harmless an indemnified party shall be limited to third-party claims
and strictly in proportion to Subcontractor’s fault. Subcontractor shall not be required to indemnify or hold harmless an indemnified party for damages
arising out of the alleged or actual acts or omissions of such indemnified party.
2. Warranty. Subcontractor warrants its work against defects in materials and workmanship for one (1) year from substantial completion
of its work. After written notice, Subcontractor shall remedy defects in its warranted work at its expense. Subcontractor shall not be responsible for
work of other contractors not under its authority or control. Subcontractor does not warrant its work for merchantability, fitness for use or a particular
purpose, or provide performance or design warranties or guarantees.
3. Insurance. Subcontractor’s insurance obligation shall be limited to: (a) providing Workers Compensation coverage in accordance with
applicable statutory requirements, Employer’s Liability coverage, Commercial General Liability coverage (ISO form CG 00 01 10 01) (“CGL”), and
Automobile Liability coverage (ISO form CA 00 01) (“AL”); and (b) naming Owner and Contractor as additional insureds to Subcontractor’s CGL
and AL policies by endorsements providing coverage equivalent to forms CG 20 10 04/13, CG 20 37 04/13, and/or CA 20 48. Coverage will be on a
primary and non-contributory basis. If required, Subcontractor shall provide (a) the declaration pages in lieu of its policies; (b) a certificate of insurance
on ACORD form 25; and (c) Excess/Umbrella liability coverage, if required, shall be on a “follow form” basis.
4. Flow Down. Subcontractor is bound by the Prime Contract only to the extent it applies to Subcontractor’s work.
5. Schedule. The parties shall mutually agree on a work progress schedule.
6. Changes & Delay. Subcontractor shall be compensated on a time and materials basis for additional work arising out of a work change
directive pending issuance of a change order. Subcontractor shall receive equitable adjustments to the Subcontract Price and/or the Subcontract Time
for changes, delays, and/or disruptions to its work caused by Contractor, other contractors, or those for whom they are responsible, or other events
outside of Subcontractor’s reasonable control.
7. Payments. Subcontractor shall be paid within thirty (30) days of Contractor’s receipt of Subcontractor’s pay application or invoice.
Disputed amounts shall not be cause to withhold timely payment of undisputed amounts. Amounts not timely paid shall (a) bear interest at a rate of
twelve percent (12%) annually, and (b) entitle Subcontractor to stop work and/or demobilize until it is paid all due amounts, plus costs incurred in de-
mobilizing and re-mobilizing.
8. Site Conditions. Subcontractor has not conducted a subsurface investigation at the job site and therefore is not responsible for any
subsurface or concealed conditions, utilities, structures or obstructions not described in the contract documents. Subcontractor shall promptly, and
before the conditions are disturbed, give a written notice to Contractor of (1) subsurface or latent physical conditions at the site which differ materially
from those indicated in this Subcontract, including but not limited to any subsurface utilities not accurately shown on plans or drawings, or (2) unknown
physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in this Subcontract, or (3) the existence of contaminated, toxic or hazardous materials or conditions not specifically
described in type, character, or quantity in this Subcontract, which existence is deemed to be a differing site condition. If the conditions do so differ
and cause an increase in the Subcontractor’s cost of, or the time required for, performing any part of the Work under this Subcontract, whether or not
changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Subcontract price increased to reflect
Subcontractor’s increased costs plus a mark-up of 15 percent, and the schedule extended accordingly.
Layne Christensen Company City of Englewood
Subcontractor Contractor
By: By:
Name: Name:
Please Print Please Print
Title: Title:
Please Print Please Print
Page 167 of 371
David A. Tormoehlen
General Manager, Mountain West, Denver, CO – Elko, NV
45 YEARS
OF EXPERIENCE
Education
Master of Science-
Organization Regis
University, Denver, Colorado
Leadership and
Management
Bachelor of Science-
Business Admin. University
of Phoenix, Denver Campus,
Colorado
Graduate Level Academic
Certificate- Regis University,
Denver, Colorado Executive
Leadership
Qualifications/Trainings
State of Colorado Water
Well Drilling Contractor
(License Number 1200)
State of Colorado Pump
Installation Contractor
(License Number 1200)
State of California Water
Well Drilling Contractor C-57
Qualified Individual (inactive)
State of Nevada Water Well
Drilling Contractor C-23
Qualified Individual (inactive)
State of Nevada Exploration
and O&G Drilling Contractor
A-6 Qualified Individual
(inactive)
Baroid Engineered Drilling
Fluids Training
American Red Cross First Aid
& CPR
OSHA-10 Hour
MSHA
Forklift Operation
Crane Operation
Machinist
Accident Prevention & HIRA
Areas of Specialized
Competence
Water Well and Pump
Contractor
Specialized Drilling
Contractor
Operations Management
Project & Contract
Administration
Well Design & Repair
Pump Design & Repair
Well Testing
Well Rehabilitation
Summary of Qualifications and Experience
Experience
Over 45 years of drilling operations experience, including all facets of drilling
operations, well construction, well maintenance and rehabilitation, and pump repair
projects. Over 35 years of specialized construction and management experience
throughout the Western, Rocky Mountain, Southeastern and Midwestern areas of
the United States. Projects spanned Public/Private Water, Mining, Environmental,
Water and Energy sectors.
Broad business experience leading and developing organizations, examining new
markets and opportunities, business development, developing and implementing
operating standards, monitoring key performance indicators, deal transaction
oversight, equipment and tooling procurement, and streamlining operations.
Responsibilities
Daily direction and leadership of the specialized drilling group: responsible for
growth strategies, developing and implementing client-focused solutions.
Work Experience
General Manager, Mountain West Layne Christensen, Denver, CO – Elko, NV
(2020 – present)
General Manager-Injection Well Layne Christensen, Ft. Myers, FL (2018 -
2020)
Regional Manager Hydro Resources, Reno, NV – Shafter, CA (2014 - 2017)
Regional Vice President Layne Christensen, Southeast US (2012 - 2014)
General Manager Layne Christensen, Denver, CO (1990 - 2012)
Operations Manager Layne Christensen, Denver, CO (1987 - 1990)
Field Superintendent Layne Christensen, St. Louis, MO (1984 - 1987)
Field Operations Layne Christensen, St. Louis, MO (1977 - 1984)
Relevant Project Experience
Denver Basin Water Wells, CO
Flooded reverse drilling with depths up to 2,800’.
Rocky Mountain Arsenal, CO
Numerous programs (environmental drilling programs, well
abandonments).
Rocky Flats, CO
Numerous soil sampling and monitor well installation programs.
Idaho National Laboratory, ID
Installation of deep water well.
Private Industries, Central FL
Troubleshooting, repair, design, and installation of deep well pumping
equipment.
Private Growers, Central CA
Drilling, troubleshooting, repair, design, and installation of deep well
pumping equipment.
Oil & Gas and Geothermal Wells, TX, CO, WY, UT
Numerous drilling programs with depths up to 7,000’.
Page 168 of 371
Page 169 of 371
Page 170 of 371
Page 171 of 371
REQUEST FOR PROPOSAL #24-025
Page | 1
REQUEST FOR PROPOSALS
DEEP WELL REPAIR
FOR
THE CITY OF ENGLEWOOD, COLORADO
RFP NO: 24-025
RFP ISSUANCE DATE: September 12, 2024
PROPOSAL DUE DATE: October 10, 2024
EXHIBIT D
Page 172 of 371
REQUEST FOR PROPOSAL #24-025
Page | 2
Statement of Purpose
The City of Englewood (City) Utilities Department is seeking qualified Contractor to
perform a comprehensive repair of an existing deep well owned and operated by The
City.
Considerations
The City invites Contractors to submit Proposal and Fee according to the requirements
set forth in this Request for Proposals (RFP). The Proposals will be reviewed and
evaluated using a competitive, best-value selection process described below.
Proposals shall be considered from Contractors who are firmly established in the
appropriate business of conducting Repairs of existing deep wells. Contractors shall be
financially sound and have the resources and ability to perform the required services in
a professional and safe manner in accordance with industry standards.
Proposals in response to this Solicitation must be submitted prior to 2:00 PM MDT,
October 10, 2024. Sealed proposals (electronic submissions only) will be received and
accepted online via Rocky Mountain E-Purchasing Systems (RMEPS),
www.bidnetdirect.com/colorado.
Solicitation Process
Proposals will be evaluated and scored based on the criteria provided in this RFP. The
City will consider the approach to complete the scope of work, qualifications of the project
team, experience in similar work, and value of the proposed fee to complete the work.
The City may conduct interviews with short-listed Contractors.
Negotiations may be held with the Contractor ranked the highest by the evaluation
committee on the basis of proposal, fee, and interview. The City and the top-ranked
Contractor may negotiate the details of the final contract, and City Council approval of
the award will be requested. Upon Council approval, the contract will be signed, a PO
set up, and work may begin. Should the city be unable to reach an agreement with the
top-ranked Contractor, negotiations may commence with the next-ranked Contractor.
This process will continue until a satisfactory contract is negotiated, or the City exercises
its right to reject all proposals.
Project Managers
Adam Marquez, Engineering Supervisor
amarquez@englewoodco.gov
City Communications
No oral communications from the Project Manager or any other individual representing
or purporting to represent the City are binding. Contractors are restricted from any and
all contact with City staff and any public official of these organizations, other than the
Procurement Department, regarding the project during the procurement process. A
violation of this provision may result in disqualification of Contractor.
Page 173 of 371
REQUEST FOR PROPOSAL #24-025
Page | 3
Pre-Proposal Meeting
A recommended pre-proposal site visit will be held on Monday, September 23, 2024 @
3:00PM MDT at the McLellan deep well site. Park at 1514 W County Line Rd, Littleton,
CO 80129. Departure from the parking lot will be at 3:00pm sharp, plan accordingly.
It is recommended a Contractor representative attend to understand the scope of work.
Since this is a site visit, no questions will be responded to during the site visit. ALL
questions MUST be submitted via email to ensure understanding of the question and
providing an accurate response.
Oral statements during the pre-proposal site visit may not be relied upon and will not be
binding or legally effective.
Questions
Questions will be accepted until September 25, 2024 @ 2:00pm. Once the question
period expires, the addendum will be posted on Bidnet. No Verbal questions will be
responded to during the recommended pre-proposal site visit. All questions during the
procurement period must be directed in writing to:
Trudi Peepgrass
Procurement & Contracts Manager
Finance Department
City of Englewood
1000 Englewood Parkway, Englewood, CO 80110
303-762-2419
tpeepgrass@englewoodco.gov
RFP Organization
This RFP consists of the following:
• Section 1 – Project Overview, Background, and Goals
• Section 2 – Project Schedule and Milestones
• Section 3 – Scope of Work
• Section 4 – Proposal Submittal Requirements
• Section 5 – Proposal Evaluation and Selection
• Section 6 – Conditions for Contractors
• Attachment A – Draft Contract for Services
• Attachment B – General Terms and Conditions
• Attachment C – Bid Schedule
• Attachment D – Technical Information Packet
Page 174 of 371
REQUEST FOR PROPOSAL #24-025
Page | 4
Section 1 – Project Overview, Background, and Goals
1.1 Project Overview
This solicitation is requesting proposals from qualified Contractors to restore a deep well.
The well is located at the McLellan Reservoir site, and its permit number is 42430-F. The
well was recently operated in 2021 but was taken out of service due to pump failure.
Several components of the well require replacement, including the pump, motor, check
valves and pipes. Due to water level drop in the Laramie-Fox Hills aquifer, piping should
be added an additional 220 feet in the well.
1.2 Project Background
The City of Englewood Utilities Department owns and operates a well that pumps water
from the Laramie-Fox Hills aquifer. The well has been out of service and in need of repair
since 2021. In 2023, The City contracted with Colorado Pump Services and Supply
Company to inspect the well. The results can be found in Attachment D.
The well, permit number 42430-F was originally permitted in 1993. It is located just south
of The City’s McLellan Reservoir at longitude 104° 59' 57.5232" W and latitude 39° 33'
49.7952" N. The maximum pumping rate per the permit is 450 gpm (gallons per minute).
The City seeks to return this well to service to augment its water supply.
1.3 Project Goals
The City’s objectives for delivery of the Project are as follows:
• Increase raw water supply
• Extend the lifespan of existing infrastructure
• Comprehensive and seamless startup and operation of well
• Minimal operations and maintenance costs going forward
Section 2 – Project Schedule and Milestones
2.1 Schedule
The City intends to proceed with comprehensive repair of an existing deep well owned
and operated by The City.
2.2 Project Milestones
These milestones represent the anticipated schedule for resource planning purposes and
are subject to change.
Request for Proposals posted September 12, 2024
Recommended Pre-Proposal meeting September 23, 2024 @ 3:00 pm
Deadline for written questions September 25, 2024 @ 2:00 pm
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Proposal and fee submission due date October 10, 2024 @ 2:00 pm
Anticipated Council consideration (as needed) October 2024
Anticipated Notice to proceed October 2024
Section 3 – Scope of Work
Equipment requiring replacement was determined in 2023 by an inspection the City
contracted Colorado Pump Service and Supply to perform. The equipment to be replaced
includes the motor, the pump, two check valves, 1320 ft. of 1.25 in. polyvinyl chloride
(PVC) tube, pitless O-Ring kit. The main 5.5 in. pipe is in good shape, but additional pipe
is required in the amount of roughly 220 ft. due to water level decreases in the well.
Task 1 – General Requirements:
Task 1.1 Project Management: The selected Contractor will manage the project in
accordance with the City’s General Conditions. The Contractor will submit product data
for ordered parts and equipment, as well as a rough maintenance plan and a record of
existing warranties. The Contractor will document proper use and procedures of the new
equipment for City Operators.
Task 1.2 – Site Preparation:
The selected Contractor will coordinate with the City for site access and work hours for
this gated location. The Contractor will initiate construction when all parts are ordered to
minimize construction time. The Contractor will verify the wellhead is properly sealed and
protected after the job.
Task 1.3 – Environmental & Safety Compliance. The Contractor will conduct basic testing
and acceptance including a brief yield and efficiency test. The Contractor will test any
water to be discharged offsite for pH. If pH is outside of a range of 6.5-8.5, then the
effluent must be neutralized and retested until it falls within that range. If necessary, the
Contractor will obtain a discharge permit from the state to retain compliance. All work
must comply with local, state, and federal safety regulations. The Contractor will be
responsible for filing a Notice of Intent to the Colorado Division of Water Resources DWR
as needed prior to construction for work involving drilling further into the aquifer. If
necessary, the contractor will file with the state for an updated permit containing the new
depth of the deep well.
Task 2 – Pit Test Pump: Provide and install a pit test pump to evaluate the current
condition of the well and determine the proper well pump size. Performance data is to be
reported to the Owner and final pump size confirmed by the Owner.
Task 3 – Replacement Pump: Remove the existing pump and install a new pump suitable
for the well’s operational requirements.
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Task 4 – Replacement Check valves: Remove and replace two (2) check valves to ensure
proper functioning and prevent backflow.
Task 5 – Replacement motor: Remove the existing motor and replace it with a new motor
that meets the operational specifications.
Task 6 – Lower pump 220 ft: Furnish and install the equipment necessary to lower the
pump 220 ft deeper than the existing pump is installed. This work may include, but is not
limited to:
Task 6.1 – Additional 220 ft of column pipe
Task 6.2 – Additional 220 ft of 350 MCM submersible cable and necessary splicing.
Task 6.3 – Provide airline to lower pump
Task 7 – Replace 1320 ft of 1.25 in PVC tube: Remove the existing 1.25 in PVC tube and
replace it with 1,320 ft of new 1.25 in PVC tube.
Task 8 – Rehabilitate well: Perform a comprehensive rehabilitation of the well, including
cleaning, descaling, and any necessary repairs to restore it to full operational capacity.
Task 9 – Miscellaneous Owner-directed allowance: Contractors may propose additional
supplemental services not-to-exceed $50,000. These will be approved as needed in
writing by the Owner after Notice To Proceed has been issued.
City of Englewood Construction Use Tax and
Arapahoe County Open Space Use Tax
Contractors and subcontractors who “build, construct or improve any building, dwelling or
other structure or improvements to realty whatsoever” (Englewood Municipal Code) within
the city are required to pay City of Englewood use tax and Arapahoe County Open Space
use tax on any construction materials built into, incorporated or used on such projects,
including building, constructing, or improving public infrastructure such as roads,
sidewalks and government-owned buildings and facilities. City construction use tax and
Arapahoe County Open Space use tax is collected on permits for construction materials
that become part of such improvements to realty. Construction materials can be
purchased exempt from city and county sales tax by providing a copy of the city building
permit to suppliers. Subcontractors on projects should purchase construction materials in
the same manner.
Contractors who apply for city permits are required to pay city use tax of 3.8% and county
open space use tax of .25% on 50% of the contract value/price for improvements to
structures, and on 40% of the contract value/price of improvements other than to
structures (roads, sidewalks, right-of-way improvements, for example).
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Materials and supplies other than construction materials are subject to both state-
collected and locally-collected retail sales taxes in effect at the place of purchase.
Examples include temporary fencing, tools, equipment purchased or rented for the
project, cleaning and crew supplies and any other items that would normally be subject
to regular retail sales taxes and used consumed/used by contractors and subcontractors.
Materials and supplies other than construction materials cannot be purchased exempt
with a city-issued building permit.
Contractors and sub-contractors may be exempt from state-collected taxes (for example,
State and RTD tax) when the material becomes part of the structure for a tax-exempt
entity. The contractor must obtain an exemption certificate from the Department of
Revenue to purchase the materials exempt from state-collected sales and use taxes. See
https://tax.colorado.gov/sites/tax/files/documents/DR0172 2022.pdf for more detail.
Important Note: The tax-exempt status of a contractor’s customer – including the City of
Englewood – does not flow through to contractors and subcontractors with respect to the
payment of city and county use tax on construction materials. Contractors and
subcontractors are the end-users and consumers of construction materials, and the
Englewood Municipal Code clarifies that construction materials are subject to city and
county use tax at the time city building permits are issued, regardless of the tax-exempt
status of contractors’ customers.
Contractors and sub-contractors are required to keep records sufficient to verify that the
correct amount of City use tax and Arapahoe County Open Space use tax was paid on
construction materials used and consumed on permitted projects in the City. Records for
permitted projects are required to be maintained for three years after the issue date of the
Certificate of Occupancy and shall be made available to the City of Englewood for
examination upon request.
See Englewood Municipal Code – Sections 4-4-2; 4-4-4-3; 4-4-5-1; 4-4-5-2; 4-4-5-3.
Supplemental Services
The City has, to the best of its knowledge, defined the scope and tasks to complete the
work. The Contractor may propose, at its discretion, additional services beyond those
listed in this RFP that it feels are necessary to complete the work or add value to the
project. Those additional services shall be included in the scope and fee as a stand-alone
task under “Supplemental Services.” The City Project Manager must approve
Supplemental Services before performing the work.
Contract Renewal
The City of Englewood reserves the right to utilize the awarded Contractor for future
phases of the project, which include a similar scope of work or a continuation of the
awarded project.
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Section 4 – Proposal Submittal Requirements
4.1 Submittal Place and Deadline
The response must be received before the due date and time as specified in this RFP. It
is the responsibility of the Contractor to ensure that electronic submittals are received
prior to the closing time specified. Bids received after the date and time set for the Bid
opening shall be considered non-responsive and returned un-opened to the Bidder.
Electronic submissions will only be accepted online via Rocky Mountain E-Purchasing
Systems (RMEPS), www.bidnetdirect.com/colorado. Questions or technical difficulties
should be directed to the websites’ Vendor Support Team, (800) 835-4603, option 2.
Submittals will be accepted until 2:00 PM on October 10, 2024.
The City of Englewood utilizes the Rocky Mountain E-Purchasing (Bidnet) SYSTEM for
all electronic solicitation submittals. It is the Contractor’s responsibility to ensure the
submittal process is started with enough time to meet the 2:00pm deadline; for example:
do not start the upload and submittal process at 1:50 pm with the expectation that your
submittal will be received by the City prior to the 2:00pm deadline. If the Contractor
experiences any problems, has questions or technical difficulties, PLEASE contact the
Bidnet Vendor Support Team, (800) 835-4603, option 2. If Bidnet is unable to resolve the
problem, contact the procurement agent (contact information in Introduction) by 1:45pm
for a submittal resolution.
Proposals may be amended or withdrawn only by written notice prior to the Proposal
opening. Amendments or withdrawals received after the Proposal opening will not be
effective, and the original Proposal submitted will be considered. The Contractor agrees
that its Proposal will not be withdrawn within ninety (90) calendar days following opening
of the Proposals, and that during such time its Proposal will remain Contractor and
irrevocable. The City reserves the right to reject any or all Proposals and to waive any
technical defects in Proposals.
The City reserves the right to request clarification of information submitted and to request
additional information of one or more Contractor after the Proposal Submission Due Date.
4.2 Submittal Format
Proposal submittals shall be clear, accurate, comprehensive, and provide specific and
succinct answers to all questions and requests for information. Indirect, imprecise, or
incomplete responses can serve only to the disadvantage of the proposer. Generic
marketing material is discouraged. Excessive or irrelevant material will not be favorably
received.
The Proposal must not exceed 15 total pages (8½ × 11 inch with 1-inch or greater
margins; up to 2 pages of the total page count may be 11 x 17-inch tri-fold format; each
double-sided counts as two pages), excluding the transmittal letter, index or table of
contents, front and back covers, title pages/separation tabs, draft agreement
acknowledgement form, and appendices.
A font similar in size to or larger than Calibri eleven-point (11-pt) shall be used.
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4.3 Submittal Content
The content requirements set forth in this RFP represent the minimum content
requirements for the Proposal. Additional information may be provided at Contractor’s
discretion and within the available page count.
The Proposal must include, at a minimum, the following information:
• Transmittal Letter
• Company Information
• Part 1 – Executive Summary
• Part 2 – Project Understanding, Approach, and Anticipated Schedule
• Part 3 – Contractor Experience and Technical Capability
• Part 3 – Draft Agreement Review: Contract for Services
• Price Proposal
Transmittal Letter
Include a transmittal letter signed by an authorized representative of the Contractor who
can commit the Contractor to the obligations required in the Draft Agreement. Place the
transmittal letter on the Contractor’s letterhead and include the name, address, phone
number, and e-mail address for the Contractor contact person. Specify who would be the
Contractor’s signatory to any contract documents executed with the City. Include other
information deemed relevant by the Contractor.
Proposals must be signed by an authorized corporate officer, principal, or partner (as
applicable) with a signature in full. Contractors who are nonresident corporations shall
furnish to the City a duly certified copy of their Articles of Incorporation from the State of
Colorado Secretary of State Office along with the Proposal. Failure to promptly submit
this evidence or qualification to do business in the State of Colorado may be basis for
rejection of the Proposal.
The transmittal letter shall be limited to two (2) 8½ x 11-inch pages.
Part 1 – Executive Summary
Provide a description of the Contractor’s qualifications, experience, and technical
capability. This shall include, at a minimum, the following elements:
• Provide an organizational chart for the Contractor’s project team, identifying all key
personnel, the reporting hierarchy of staff and Contractor/Sub-Contractors, and
the specific individuals responsible for coordination of the separate components
of the work. City preference is for the project team to include some local
personnel.
• Describe the roles, responsibilities, and availability of the key personnel who will
be assigned to the Project through completion.
• Identify all Sub-Contractors and describe their roles, and responsibilities. Identify
the Sub-Contractors’ key personnel.
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• A document outlining the qualifications of the Contractor including the Contractor’s
history, its capabilities and relevant experience. Additional inclusion of
demonstrated experience with deep well repairs and any other qualifications.
Part 2 – Project Understanding, Approach, and Anticipated Schedule
Provide a description of the Contractor’s approach for managing and delivering the scope
of services contained in this RFP, and any additional issues and proposed strategies for
meeting the City’s needs for the project based on Contractor’s understanding of the work.
Provide a proposed schedule/timeline and detailed project plan to complete the work.
A Project Work Plan/Approach which describes your understanding of the project,
methodology, tasks, an outline for meeting the timeline and an estimated amount of time
for each task. Include your deliverables, project schedule and milestones, assumptions
and any variables that could delay the project. List any resources you expect the City of
Englewood to provide that have not been previously described.
Each proposal may contain sample material such as a repair philosophy, relationship with
Colorado Division of Water Resources DWR and required processes for well repair, any
additional documentation or information needed that the Contractor deems necessary to
assist the City of Englewood in the selection process.
Proven ability and experience in deep well repair similar to the City’s defined scope of
work.
Part 3 – Contractor Experience and Technical Capability
Provide a description of the Contractor’s qualifications, experience, and technical
capability. This shall include, at a minimum, the following elements:
• Provide an organizational chart for the Contractor’s project team, identifying all key
personnel, the reporting hierarchy of staff and Contractor/Sub-Contractors, and
the specific individuals responsible for coordination of the separate components
of the work. City preference is for the project team to include some local
personnel.
• Describe the roles, responsibilities, and availability of the key personnel who will
be assigned to the Project through completion.
• Identify all Sub-Contractors and describe their roles, and responsibilities. Identify
the Sub-Contractors’ key personnel.
• A document outlining the qualifications of the Contractor including the Contractor’s
history, its capabilities and relevant experience.
• Experience of the Contractor in understanding deep well repairs.
Note: The identification and utilization of specific key personnel throughout the life of a
project are important factors in the City's consideration and selection of a Contractor. Any
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changes in identified key personnel after the award of the Agreement must be approved
by the City in writing before the change is made. Include availability of the project team
to begin work as soon as possible after the selected Contractor receives the Notice to
Proceed.
Contractor Experience: Provide clear and thorough descriptions of the Contractor's
related and applicable experience and performance.
Provide detailed information on the three (3) most applicable projects which have been
substantially completed by the Contractors team members similar to size and scope of
the City of Englewood. Details shall include the following:
• Project title and contract number.
• Contractor and key personnel’s role in project.
• Owner contact information including phone number.
• Period of performance (contract start and end dates).
• Contract value.
• Summary of work performed.
• Project performance (including change order history, schedule adherence, and
budget adherence).
• Describe any major issues or challenges presented on the project(s) and how
they were resolved.
Key Personnel Experience: Describe specific relevant experience of each proposed
key personnel providing similar details for projects as requested in Contractor
Experience.
Reference Requirements: The City may contact the referenced individual(s) identified
by the Contractors in Contractor Experience.
The contact person(s) listed as a reference shall be someone who has personal
knowledge of the Contractor’s performance during the referenced project. More than one
person can be listed, but all must have knowledge of the project.
Part 4 – Draft Agreement Review
The Contractor understands that neither this RFP nor the Proposal shall constitute a
contract with the City. No contract is binding or official until Proposals are reviewed and
accepted by appointed City staff; approved through the appropriate levels of authority
within the City; and an official contract is duly executed by the City.
Attachment A (Draft Agreement) of this RFP contains the proposed Contract for Services
for the Project. Proposers shall review this draft document and provide comments
regarding any aspect of such document about which it has any concern, including terms
that it considers ambiguous or which it believes should be modified. Such comments shall
be submitted with the Proposal. The City will review all comments received and, if it
deems appropriate, in its sole discretion, may modify such document. The Draft
Agreement included in the RFP is the form upon which Contractors shall base their
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Proposal. The comments submitted on the draft agreement will not be counted in the total
page count specified above.
Price Proposal
A Cost Proposal including total fee, cost by proposed task, and individual expenses for
each project team member. These should include costs for completion of all tasks
identified in the scope of work.
Cost and demonstrated ability to meet deadlines and operate within budget.
If Contractor recommends Supplemental Services, this shall be provided as separate line
item(s) in the Price Proposal and shall be detailed in the same manner.
Section 5 – Proposal Evaluation and Selection
5.1 General
The Proposals will be reviewed and evaluated by the City’s Selection Committee
according to the requirements and criteria outlined herein. During the Proposal evaluation
process, written questions or requests for clarification may be submitted to one or more
Contractors regarding its Proposal or related matters.
In addition, the City may require all or a limited number of Contractors to participate in
virtual or in-person interviews.
5.2 Selection Process Overview
For the purpose of selecting the most qualified Contractor, the City will use a competitive
selection process as set forth in pertinent City and State procurement requirements. The
procedure will involve the following steps:
a. The City will advertise the RFP Invitations on Bidnet.
b. Responsiveness and minimum qualifications will be checked.
c. The City’s Selection Committee will review, rank, and short-list all Proposals that
meet responsiveness and minimum qualification requirements.
d. Interviews with each of the shortlisted Contractors to clarify their Proposals may
be conducted. This decision is at the sole discretion of the City. Interviews will
provide short-listed Contractors the opportunity to present their project team and
approach to City staff and will include a question-and-answer session.
e. The City’s Selection Committee will then rank each Proposal, Price Proposal, and
Interview (if applicable) to prepare a recommendation for approval. Upon
authorization, the Project Manager shall negotiate a contract with the selected
Contractor. Should the Project Manager be unable to negotiate a satisfactory
contract with the Contractor considered to be most qualified, the Project Manager,
or designee, shall terminate such negotiations with that Contractor and begin
negotiations with the next most qualified Contractor and so on until negotiations
are successful.
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• Are the proposed cost and work hours appropriate to the scope of
work provided?
• Are the work hours reasonable for the effort required for line item and
overall project scope?
• Has Contractor demonstrated value in the cost and scope proposed?
Total possible points 100
Section 6 – Conditions for Contractors
6.1 Standard Contract
Contractors shall identify any issues they have with the Contract for Services standard
contract within this RFP. Contractors shall note that from time to time the City will be
updating and changing the contracts, and the standard contract attached to a future
solicitation will be the basis for that project, not the one contained within this RFP. The
identification of willingness to enter into the standard contract is for general purposes at
this time but is part of the evaluation process and must be included. There may be
negotiations on a project-by-project basis which provides further clarification. Please note
the RFP asks the Contractor to provide comments on the standard contract and indicate
their willingness to use the standard contract. The City is not suggesting entering into an
agreement with any Contractor using this contract at the time of RFP submittal, and the
City will not provide a response to the Contractor’s comments provided.
All changes to the contract must be submitted at this time. Any changes after the City
award of the contract are grounds for rescinding said award. The Contractor shall identify
any issues they have with the standard contract within the RFP. Contractor shall note
that from time to time the County will be updating and changing the contracts.
The following are some general clarifications that MAY be applied when negotiations with
a selected Contractor occurs on a future project:
A. Definition of Terms: There may be further clarification as needed on a specific
project, for specific contract terms.
B. Time of Completion: Each project will have a specific completion date, and some
projects may be more flexible than others. The completion date will be identified
by the City and will be negotiated on a project-by-project basis and included in the
exhibit portion of the contract.
C. Use of sub-Contractors: The City fully expects that many project categories will
require a prime Contractor and sub-Contractors as members of the project team.
The City may consider a modification to contract language that affects sub-
Contractor use.
D. Public property: All project information and materials are public information and
may be used at public meetings, or by the public when and if requested.
E. Insurance: Minimum values listed are statutory. The City requires being listed on
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the general liability policy as an additional insured. Copies of insurance certificates
are not needed as part of the RFP.
F. PURCHASE OF OTHER ITEMS NOT LISTED ON THIS SOLICITATION BASED
ON PERCENTAGE DISCOUNTS: While the City has listed all major items on the
solicitation which are utilized by the City and/or departments in conjunction with
their operations, there may be ancillary items that must be purchased by the City
during the term of this contract. For this reason, Contractors are requested to quote
a percentage discount from the Contractor’s price list that will be offered to the City
for items which do not appear on this solicitation. The City reserves the right to
award these ancillary items to the successful Contractor or another Contractor
based on the lowest actual price offered.
6.2 Conflict of Interest
The Contractor must disclose with the Proposal, the name of any officer, director, partner,
associate, or agent, who is also an officer or employee of the City.
No individual, City Council, or staff member shall have a financial interest in this
proposal.
6.3 Rights of the City
In connection with this procurement process, including the receipt and evaluation of
Proposals and award of the Agreement, City reserves to itself (at its sole discretion) all
rights available to it under applicable law, including without limitation, with or without
cause and with or without notice, the right to:
• Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time
prior to the execution of the Agreement, without incurring any obligations or
liabilities.
• Modify the procurement schedule.
• Waive deficiencies, informalities and irregularities in a Proposal and accept and
review a non-conforming Proposal.
• Suspend and terminate the procurement process or terminate evaluations of
Proposals received.
• Permit corrections to data submitted with any Proposal.
• Hold meetings and interviews, and conduct discussions and correspondence, with
one or more of the Contractors to seek an improved understanding of any
information contained in a submitted Proposal.
• Seek or obtain, from any source, data that has the potential to improve the
understanding and evaluation of the Proposals.
• Seek clarification from any Contractor to fully understand information provided in
the Proposal and to help evaluate and rank the Contractors.
• Accept or reject any or all Proposals that it may in its sole discretion deem non-
responsive, to waive technicalities, or to accept the Proposal that, in its sole
judgment, is most advantageous and best serves the over-all interest of the City.
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• Reject a Proposal containing exceptions, additions, qualifications, or conditions not
called for in the RFP or otherwise not acceptable to the City.
• Conduct an independent investigation of any information, including prior
experience, included in a Proposal by contacting project references, accessing
public information, contacting independent parties, or any other means.
• Request additional information from a Contractor during the evaluation of its
Proposal.
6.4 Obligation to Keep Project Team Intact
Contractors are advised that all key personnel identified in their Proposals remain on the
team for the duration of the procurement process and execution of the Project. If
extraordinary circumstances require a change, it must be submitted in writing to the City,
who shall have sole discretion to determine whether to authorize a change, recognizing
that certain circumstances may occur that are beyond the Contractor’s control.
Unauthorized changes to the Project team at any time during the procurement process
may result in penalties or termination.
6.5 Additional Conditions
Non-Collusion
By submitting a Proposal in response to the RFP, the Contractor represents that, should
the Proposal be accepted, the resulting contract(s) would not violate any provisions of
federal law or regulations, or any ordinances or regulations established by the City.
Anti-Discrimination
During the performance of the Contract, the Contractor agrees as follows:
• Comply with federal anti-discrimination laws.
• Notices, advertisements, and solicitations placed in accordance with federal law,
rule, or regulation shall be deemed sufficient for the purpose of meeting the
requirement of this section.
Proposal Preparation Costs
By submittal of a Proposal, the Contractor agrees that all costs associated with the
preparation of his/her Proposal and interview preparation/materials (if applicable) will be
the sole responsibility of the Contractor. The Contractor also agrees that the City bears
no responsibility for any costs associated with the preparation of the Proposal and/or any
administrative or judicial proceedings resulting from the solicitation process.
Drug Free Workplace
The selected Contractor must provide a Drug Free Workplace in accordance with
Colorado State law.
Occupational Safety and Health Act (OSHA)
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In instances where such is applicable due to the nature of the matter with which this
Proposal is concerned, all material, equipment, etc., as proposed and offered by
Contractors must meet and conform to all OSHA requirements; the Contractor's signature
upon the Proposal being by this reference considered a certification of such fact.
Patent Infringement, Etc.:
By submission of a Proposal the Contractor certifies that the services to be furnished will
not infringe any valid patent, copyright, or trademark and the successful Contractor shall,
at his/her own expense, defend any and all actions or suits charging such infringement
and hold the City harmless in case of any such infringements.
6.6 Addenda
If any revisions or clarifications to the RFP or procurement process become necessary
or desirable (at the City’s sole discretion), the City may issue written addenda.
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Page 1 of 1 Colorado Pump Service & Supply 7/12/2023
Colorado Pump Service & Supply
511 South Gilbert Street Unit C
Castle Rock CO. 80104
Ph 303-688-6462 Fax 303-688-7565 July 12, 2023
Subject: Pull Report Well #42430-F McLellan
Location: 2500 w. County Line Rd. Littleton CO. 80120
Office 1500 W. Layton Avenue Englewood Co. 80110
On 6/9/23 mob, we pulled the equipment. We metered the motor before and after pulling, and
checked out bad dead shorts, the motor will have to be replaced.
The pump is 8 years old and should be replaced, we can pit test it if you want us to. The Static Water Level (SWL)
when installed in 2015 was (G/L to SWL) 826’, now the SWL is 901’, which is a 75’ drop in water in well. we might
have to lower and possibly we would have to upsize new pump to keep the same demand requirements.
The cable down hole is a #350 MCM The cable tests good can be re-run.
The column pipe is 5.5” J55 8 Rd., set 1116’, The pipe is in good shape except we found one bad thread that we saw, it
will have to be re-threaded, the other pipe can be re-run. The owner should look at it and evaluate if we should re-run.
The check valve is 5.5” 8 Rd and should be replaced. I recommend 2 ea.
The 1” PVC tube for transducer is rubbed thin and should be replaced.
The Pitless O-Ring will have to be replaced.
The transducer tests good and can be re-run.
I am working on TDH calculations and GPM requirements and will provide this information with quote.
VIDEO:
On 6/29/23 CPSS performed the video on the well, the total depth is 1637’ original drill log depth is 1656’ so we have
19 ft. of fill, we will have to sand bucket the bottom of well to Total Depth.
There is well casing (plain) from 640 ft. to 901ft. that are not in water, has heavy rust flaking and should be scraped.
The screen sections from 1391’ to 1635’ look good, there is some of the casing flakes in the screens, but simple
brushing should clen them up. The well should be lightly brushed using 250 PPM chlorine, surging and sand bucketing
fill out of well.
Thank you for the opportunity
Sincerely
George H Wood Jr.
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Video Inspection Performed On - 6/29/23
Well #42430-F
0 Ft Top of well
8 Ft Discharge of pitless
640 Ft Start of a lot of build up
901 Ft Static water level
1391 Ft Joint Blank to Screen 100% open
1411 Ft Joint & Screen to Screen 100% open
1416 Ft Joint Screen + Blank
1422 Ft Joint Blank to Screen 100% open
1432 Ft Joint Screen to Blank
1440 Ft Joint blank to screen 90% open
1460 Ft Joint Screen to Screen 75% open
1480 Ft Joint Screen to blank
1483 Ft Joint Blank to Screen 90% open
1503 Ft Joint screen to screen 75% open
1523 Ft Joint screen to blank
1526 Ft Joint blank to screen 90% open
1546 Ft Joint screen to screen 90%open
1566 Ft Joint Screen to Blank
1571 Ft Joint Blank to Screen 90% open
1591 Ft Joint Screen to Screen 90% open
1611 Ft Joint Screen to Blank
1615 Ft Joint Blank to screen 75% open
1635 Ft Joint Screen to Blank
1637 Ft TD
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GENERAL CONDITIONS OF THE CONTRACT
TABLE OF CONTENTS
Article 1. DEFINITIONS AND INTERPRETATION .............................................................................. 1
1.1 Definitions .............................................................................................................................. 1
1.2 References .............................................................................................................................. 4
1.3 Intention of Terms .................................................................................................................. 4
1.4 Computation of Time ............................................................................................................. 4
1.5 Abbreviations ......................................................................................................................... 4
1.6 Interpretation ......................................................................................................................... 5
Article 2. PRELIMINARY MATTERS ................................................................................................ 6
2.1 Delivery of Bonds and Evidence of Insurance ........................................................................ 6
2.2 Notice to Proceed................................................................................................................... 6
2.3 Authority of the City Manager ............................................................................................... 6
2.4 Plans and Specifications ......................................................................................................... 6
2.5 Special Work ........................................................................................................................... 6
2.6 Pre-Construction Meeting ...................................................................................................... 6
2.7 Contractor’s Understanding of Work ..................................................................................... 7
2.8 Contractor’s Representation .................................................................................................. 7
2.9 Other Work ............................................................................................................................ 7
2.10 Notices ................................................................................................................................... 7
2.11 Contractor’s Signs .................................................................................................................. 7
2.12 Publicity and Advertising ........................................................................................................ 7
Article 3. PAYMENTS ................................................................................................................... 7
3.1 Measurement of Work Performed......................................................................................... 7
3.2 Payments to Contractor and Completion .............................................................................. 7
3.3 Appropriate of Funds ........................................................................................................... 12
3.4 Payment for Increased or Decreased Quantities ................................................................. 12
3.5 Payment for Omitted Items ................................................................................................. 12
3.6 Extra and Force Account Work ............................................................................................. 12
3.7 Partial Payments .................................................................................................................. 13
3.8 Taxes / Direct Purchase Option ............................................................................................ 13
3.9 Liens ..................................................................................................................................... 14
3.10 Deductions ........................................................................................................................... 15
Article 4. COMPLETION, TIME and DELAYS IN CONSTRUCTION .................................................... 15
4.1 Delays ................................................................................................................................... 15
4.2 Construction Schedule ......................................................................................................... 15
4.3 Subcontracting or Assigning of Contract .............................................................................. 16
4.4 Commencement of Work ..................................................................................................... 16
4.5 Limitation of Operations ...................................................................................................... 16
4.6 Progress Schedule ................................................................................................................ 16
4.7 Character of Workman and Equipment ............................................................................... 17
4.8 Suspension of Work ............................................................................................................. 17
4.9 Suspension of Work for City’s Convenience ........................................................................ 18
4.10 Suspension of Work Due to Order of City, County, State or Federal Court or Agency ........ 18
4.11 Suspension of Work Resulting from Contractor’s Failure to Perform ................................. 18
EXHIBIT F
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4.12 Contract Time ....................................................................................................................... 18
4.13 Liquidated Damages ............................................................................................................. 19
4.14 Adjustment for Suspended Work ......................................................................................... 20
4.15 Termination of Contract ....................................................................................................... 20
4.16 Termination for Cause .......................................................................................................... 20
4.17 Termination for Convenience of Owner .............................................................................. 21
4.18 Cooperation with Other Contractors ................................................................................... 23
4.19 Terminating of Contractor’s Responsibility .......................................................................... 24
Article 5. PROJECT AND CONSTRUCTION MANAGEMENT ............................................................ 24
5.1 Authority of Project Engineer or Project Manager .............................................................. 24
5.2 Communications .................................................................................................................. 24
5.3 Supervision ........................................................................................................................... 24
5.4 Contractor Performance ...................................................................................................... 25
5.5 Work Performed Under Adverse Weather Conditions ........................................................ 25
5.6 Use of Materials Found on the Work Site ............................................................................ 25
5.7 Final Cleaning Up .................................................................................................................. 25
5.8 Surveys ................................................................................................................................. 25
5.9 Lines and Grades .................................................................................................................. 26
5.10 Value Engineering ................................................................................................................ 26
5.11 Sanitary Regulations ............................................................................................................. 26
5.12 Staging and Storage .............................................................................................................. 26
5.13 Salvage ................................................................................................................................. 27
5.14 Materials and Equipment Furnished by the Contractor ...................................................... 27
5.15 Substitution of Materials and Equipment ............................................................................ 27
5.16 Cutting and Patching ............................................................................................................ 28
5.17 Samples and Testing ............................................................................................................. 28
5.18 Property Rights in Materials ................................................................................................. 29
Article 6. CHANGES IN THE WORK .............................................................................................. 29
6.1 Changes and Increased or Decreased Quantities of Work ................................................... 29
6.2 Adjustments to Contract Price ............................................................................................. 35
6.3 Omitted Items ...................................................................................................................... 37
6.4 Work Not Specified But Included ......................................................................................... 37
6.5 Extra Work – Force Account ................................................................................................. 37
6.6 Unauthorized Work .............................................................................................................. 37
Article 7. SUBCONTRCTORS, SUPPLIERS AND PERSONNEL ........................................................... 37
7.1 Subcontractors ..................................................................................................................... 37
7.2 Workforce ............................................................................................................................ 38
7.3 Compliance with Immigration Reform and Control Act of 1986 ......................................... 38
7.4 Personnel & Civil Rights ....................................................................................................... 39
Article 8. INSPECTIONS; CORRECTION OF DEFECTS ...................................................................... 40
8.1 Defective Work and Materials ............................................................................................. 40
8.2 Substituted Performance ..................................................................................................... 41
8.3 Authority and Duties of Inspectors ...................................................................................... 41
8.4 Inspection ............................................................................................................................. 41
8.5 Removal of Defective and Unauthorized Work.................................................................... 42
8.6 Geotechnical and Other Design Professional Reports, Investigations & Tests .................... 43
Article 9. PROTECTION OF PERSONS, PROPERTY AND ENVIRONMENT ......................................... 43
9.1 Protection of Persons ........................................................................................................... 43
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9.2 Protection of Property ......................................................................................................... 44
9.3 Protection of Historical Sites ................................................................................................ 44
9.4 Responsibility to Repair ....................................................................................................... 44
9.5 Traffic Control ...................................................................................................................... 44
9.6 Protection of Street Signs, Traffic Signs and Signals ............................................................ 46
9.7 Utilities ................................................................................................................................. 46
9.8 Coordination with Englewood Utilities ................................................................................ 46
9.9 Notification of Affected Utility and Property Owners .......................................................... 46
9.10 Pollution Control .................................................................................................................. 46
9.11 Public Convenience and Safety ............................................................................................ 47
9.12 Use of Explosives .................................................................................................................. 47
9.13 Restoration of Property ........................................................................................................ 47
Article 10. PERMITS AND LICENSES; COMPLIANCE WITH CURRENT LAWS ...................................... 47
10.1 Compliance with Laws, Licenses and Permits ...................................................................... 48
Article 11. BONDS ........................................................................................................................ 49
11.1 Bonds .................................................................................................................................... 49
Article 12. WARRANTY ................................................................................................................ 49
12.1 Scope of Warranty................................................................................................................ 49
12.2 Owners Right to Correct ....................................................................................................... 50
12.3 Non-Emergency Warranty Work .......................................................................................... 50
12.4 Performance During Warranty Period ................................................................................. 50
Article 13. INSURANCE; RISK OF LOSS ........................................................................................... 50
13.1 General Requirements ......................................................................................................... 50
13.2 Required Policies and Limits ................................................................................................ 51
13.3 Terms of Insurance ............................................................................................................... 52
Article 14. INDEMNIFICATION ...................................................................................................... 53
14.1 Contractor to Owner ............................................................................................................ 53
14.2 Owner to Contractor ............................................................................................................ 53
14.3 No Personal Liability of the Project Engineer or Project Manager ...................................... 54
14.4 No Waiver of Legal Rights .................................................................................................... 54
Article 15. DEFAULTS, REMEDIES AND TERMINATION ................................................................... 54
15.1 Notice of Disputes and Objections ....................................................................................... 54
15.2 Negotiations of Disputes ...................................................................................................... 55
15.3 Decision ................................................................................................................................ 55
15.4 Waiver .................................................................................................................................. 55
15.5 Contractor’s Remedies ......................................................................................................... 55
15.6 Owner’s Remedies ............................................................................................................... 56
15.7 Owner’s Special Remedy for Delay ...................................................................................... 56
15.8 Attorney’s Fees .................................................................................................................... 56
Article 16. INDEPENDENT CONTRACTOR ...................................................................................... 56
Article 17. DISPOSAL; HAZARDOUS SUBSTANCES .......................................................................... 57
17.1 Removal and Disposal of Structures and Obstructions ........................................................ 57
17.2 Cleaning Up and Restorations .............................................................................................. 57
17.3 Removal of Condemned Materials and Work ...................................................................... 57
17.4 Pests & Vector Control ......................................................................................................... 57
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17.5 Hazardous Substances ......................................................................................................... 57
17.6 Existing Facilities – Hazardous Substances May Exist .......................................................... 57
17.7 No Introduction of Hazardous Substances ........................................................................... 57
17.8 Suspected Hazardous Substances ........................................................................................ 57
17.9 Ordinary Course Materials ................................................................................................... 58
Article 18. ROYALTIES AND PATENTS ............................................................................................ 58
18.1 Patents and Copyrights ........................................................................................................ 58
Article 19. DRAWINGS, DETAIL AND INSTRUCTIONS ..................................................................... 58
19.1 Drawings and Specifications ................................................................................................ 58
19.2 Copies of Drawings and Specifications Furnished ................................................................ 59
19.3 Utilities ................................................................................................................................. 59
19.4 Requests for Clarification and Information .......................................................................... 59
19.5 Dimensions ........................................................................................................................... 60
19.6 Shop Drawings ...................................................................................................................... 60
19.7 Record Documents ............................................................................................................... 61
19.8 Operating Manuals and Parks Lists ...................................................................................... 61
19.9 Conformity With Plans and Allowable Deviations ............................................................... 61
19.10 Coordination of Specifications, Plans and Special Provisions .............................................. 61
19.11 Ownership to Work Product ................................................................................................ 61
Article 20. RIGHT-OF-WAY ........................................................................................................... 61
20.1 Acquisition of Right-of-Way ................................................................................................. 61
20.2 Access to Right-of-Way ........................................................................................................ 62
20.3 Rights-of-Way ....................................................................................................................... 62
Article 21. SUBMITTALS ............................................................................................................... 62
21.1 Schedule of Submittals ......................................................................................................... 62
21.2 Scope of Engineer’s Reviews ................................................................................................ 62
21.3 Review Process ..................................................................................................................... 62
Article 22. NOTICES ..................................................................................................................... 62
Article 23. OWNER’S GENERAL RESPONSIBILITIES ......................................................................... 62
23.1 Owner Performance ............................................................................................................. 62
23.2 Project Engineer or Project Manager ................................................................................... 63
23.3 Right to Bar Persons From the Work or Site ........................................................................ 63
23.4 Access to Work ..................................................................................................................... 63
23.5 Inspection ............................................................................................................................. 63
Article 24. CONCEALED CONDITIONS ............................................................................................ 64
24.1 Discovery of Concealed Physical Conditions ........................................................................ 64
24.2 Inspection and Drawing Update ........................................................................................... 64
24.3 Delays ................................................................................................................................... 64
24.4 Change Order ....................................................................................................................... 64
24.5 Costs ..................................................................................................................................... 64
Article 25. WAIVER ...................................................................................................................... 64
25.1 Waiver .................................................................................................................................. 64
25.2 No Waiver ............................................................................................................................ 64
Article 26. OTHER CONDITIONS .................................................................................................... 64
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26.1 Binding Contract ................................................................................................................... 64
26.2 Legislative of Judicial Decisions ............................................................................................ 65
26.3 Superseding .......................................................................................................................... 65
26.4 Professional Standards ......................................................................................................... 65
26.5 Notification in Writing .......................................................................................................... 65
26.6 Headings for Reference Only ............................................................................................... 65
26.7 One Instrument .................................................................................................................... 65
26.8 Third Party Claims ................................................................................................................ 65
26.9 Calendar Days ....................................................................................................................... 65
26.10 Written Consent ................................................................................................................... 65
26.11 Reallocation of Resources .................................................................................................... 65
26.12 Disclosure of Confidential Information ................................................................................ 66
26.13 Audit ..................................................................................................................................... 66
26.14 Federal Aid Provisions .......................................................................................................... 66
26.15 Duties & Remedies ............................................................................................................... 66
26.16 Survival ................................................................................................................................. 66
26.17 Government Immunity ......................................................................................................... 66
26.18 Construction ......................................................................................................................... 66
26.19 No Implied Representations ................................................................................................ 66
26.20 Financial Obligations of the City ........................................................................................... 66
26.21 Assignment/Transference .................................................................................................... 66
26.22 Amendments ........................................................................................................................ 66
26.23 No Third-Party Beneficiaries ................................................................................................ 66
26.24 Independent Contract – No Partnership or Agency ............................................................. 66
26.25 Governing Law, Jurisdiction, Venue ..................................................................................... 66
26.26 Attorney’s Fees and Costs .................................................................................................... 67
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Article 1. DEFINITIONS AND INTERPRETATION
1.1 DEFINITIONS: Whenever the following terms or pronouns are used in the Specifications and Contract Documents, the intent and meaning shall be as follows Terms defined in the Agreement or other Contract Documents, and not defined within this Article, shall have the meaning given them in the Document where defined.
1) ADDENDA: Written changes to the Bid Documents issued before the opening of Bids that clarify, correct, or change the Contract or change the date set for the Opening of Bids.
2) AMENDMENT: A change to the original contract which sets forth additional work which is new, and is outside the scope of the original contract and/or proposal. Such Amendment may require additional funding and bonding and will require approval in accordance with the Owner’s purchasing policy.
3) BID: The offer or proposal of the Bidder submitted on the prescribed forms setting forth the prices for the Work to be performed.
4) BIDDER: The individual or entity who submits a Bid directly to Owner.
5) BID SECURITY: The security, as designated in the “Instructions to Bidders” furnished with the Bid by the Bidder as a guarantee that the Bidder will enter into the Contract and Furnish Bond(s) as required if the work be awarded to such Bidder.
6) BONDS: Bid, performance, payment and material bonds, any warranty bond, or other instruments of security furnished by the Contractor and its Surety to the Owner according to the Contract.
7) CHANGE ORDER: A written order to the Contractor, signed by the Project Engineer, on behalf of Owner, ordering a change that has been found necessary in the Work from that originally shown in the Plans and Specifications but which is still within the general scope of the Contract. If the Work is of a nature involving an adjustment of unit prices, a Supplemental Agreement shall be executed. A change order set forth upon a change order form generated by Owner, and signed by both Owner and Contractor, authorizes modifications to the existing contract documents.
8) COMPLETION DATE: The date the Contract specifies the Work is to be completed.
9) CONSTRUCTION SCHEDULE: The schedule of Work approved by Owner in accordance with the Contract Documents.
10) CONTRACT OR CONTRACT DOCUMENTS: The written Agreement executed between the Owner and the successful Bidder (“Contractor”), covering the performance of the Work and the furnishing of labor and materials, which binds the Contractor to perform the Work and furnish the labor and materials and by which the Owner is obligated to provide compensation at a mutually established and accepted rate or price. The Contract shall include Contract Agreement, Request for Bid, Bidder’s response (“Bid”), Bid Bond, Performance Bond, Payment Bond, Material Bond, Notice of Award and Notice to Proceed, Final Acceptance and Warranty Initiation, Final Receipt, Notice of End of Basic Warranty Period, Special Provisions, General Provisions, Statements of Work, Technical Specifications, Plans, Specifications, Drawings and Addenda or Change Orders, and any and all Supplemental Agreements which may be subsequently entered into to complete the Work in an acceptable manner in accordance with the Plans and Specifications.
11) CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract.
12) CONTRACT TIME: The number of days provided in the Contract for the completion of the Project from the date of the Notice to Proceed through and including the date of Final Acceptance. The Contract Documents may require completion on or before a certain specified date.
13) CONTRACTOR: The successful bidder, who may be an individual, partnership, firm, or corporation, who executes the Contract, acting directly or through lawful agents or employees, primarily liable for the acceptable performance of the Work for which contracted, and for the payment of all legal debts pertaining to the Work.
14) CRITICAL PATH: a sequence of project tasks that add up to the longest project duration. If any tasks on the critical path experience delays, the overall project schedule must be extended.
15) DATE OF CONTRACT (“Effective Date of Contract”): The execution date in the Agreement for a Construction Contract unless otherwise specified.
16) DAY: A calendar day of twenty-four hours, from midnight to midnight, unless otherwise specified herein.
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17) DRAWINGS: The part of the Contract Documents prepared or approved by the Project Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor, including plans, profiles, typical cross-sections, general cross-sections, elevations, schedules, and details which show locations, character, dimensions, and details of the Work. Shop drawings and other Contractor submittals are not Drawings as so defined.
18) E-VERIFY: (formerly known as the Basic Pilot/Employment Eligibility Verification Program) An internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
19) ENGINEER (“Project Engineer”): The Owner’s designated, authorized representative assigned to the Project. The Project Engineer may have day-to-day responsibility for managing the Contract, or may designate in writing a Project Manager to provide day-to-day responsibility for managing the Contract.
20) EQUIPMENT: All machinery, together with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper construction and acceptable completion of the Work.
21) EXTRA WORK: Work not provided for in the Contract as awarded but found to be essential to the satisfactory completion of the Contract, within its intended scope.
22) FIELD ORDER: A written order effecting minor change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Project Engineer to the Contractor during construction.
23) FINAL ACCEPTANCE: An acknowledgment made by the Owner that all Work, as defined in Paragraph 59 herein, has been completed. The Owner’s final acceptance of the Work completed according to the Contract requirements with all parts of the Work in good condition and in working order, including completion of all punch list items, cleanup work, and delivery of all required guarantees, warranties, licenses, releases, and other deliverables.
24) FINAL PAYMENT: The final and complete payment to the Contractor in accordance with the Contract Documents.
25) FORCE ACCOUNT: A method of payment, other than lump sum or unit price, for Work ordered by a Change Order.
26) INSPECTOR: An authorized designee of the Engineer or Project Manager, assigned to make all necessary inspection of the Work performed or being performed, or of the materials furnished or being furnished by the Contractor.
27) LABORATORY: The official testing laboratories of the Owner or such other laboratories as may be designated by the Project Engineer.
28) NOTICE OF AWARD: A written notice to the successful Bidder stating their Bid has been accepted and that, in accordance with the terms of the notice to Contractors and the Specifications, such Bidder is required to execute the Contract and furnish satisfactory Bonds.
29) NOTICE OF FINAL ACCEPTANCE: The written notice of the date, as certified by the Owner, of Final Acceptance.
30) NOTICE TO PROCEED: A written notice given by Owner to Contractor fixing the date upon which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.
31) NOTICE OF SUBSTANTIAL COMPLETION: The written notice of the date, as certified by the Owner, of Substantial Completion.
32) NOTICE OF TERMINATION: Written notice from the Owner to the Contractor to stop Work under the Contract on the date and to the extent specified in the Notice of Termination.
33) OWNER (“City”): The City of Englewood, Colorado.
34) PARTIES: The Owner and the Contractor.
35) PAYMENT BOND: The approved form of security furnished by the Contractor and the Contractor’s surety as a guarantee to pay in full all bills and accounts for materials and labor used in the construction of the Work, as provided by law.
36) PERFORMANCE BOND: The approved form of security furnished by the Contractor and the Contractor’s surety as a guarantee of good faith and ability on the part of the Contractor to
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execute the Work in accordance with the terms of the Plans, Specifications, and Contract. In lieu of a separate Performance Bond, a combination Performance, Labor and Material Payment Bond may be supplied by the Contractor.
37) PERFORMANCE, LABOR AND MATERIAL PAYMENT BOND: Security furnished by the Contractor and his surety as a guarantee to pay in full all bills and accounts for materials and labor used in the Work and to execute the Work in accordance with the Contract.
38) PLANS: The official Plans, working drawings, or supplemental drawings or exact reproductions thereof, approved by the Project Engineer which show the locations, character, dimensions, and details of the Work to be done and which are to be considered part of the Contract, supplementary to these Specifications.
39) PROGRESS SCHEDULE: A construction schedule prepared by the Contractor in a bar- chart, critical path or other format acceptable to the Engineer which includes the start and completion dates of all salient features of the Work as specified in Paragraph 41 hereof.
40) PROJECT: The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents, and may include construction by other contractors.
41) PROJECT MANAGER: A representative of Owner authorized in writing by the Project Engineer/Engineer, and reporting to the Project Engineer/Engineer, to oversee the Project through day-to-day responsibility for managing the Contract.
42) PROPOSAL: The written offer of the Proposer, when submitted on the approved Proposal form, to perform the contemplated Work and furnish the necessary materials in accordance with the provisions of the Plans and Specifications.
43) BID BOND: The security, as designated in the Request for Bids to guarantee the Bidder will accept the Work under the terms set forth within the Bid Documents and Bid Response if the Work is awarded to such Bidder.
44) BIDDER: Any individual, firm, or corporation, submitting a Proposal or Bid for the Work contemplated within the Bid Documents...
45) REASONABLY PREDICTABLE WEATHER DELAYS: Estimated Weather Day(s) where critical path activities cannot be performed in any month, within contract weather or temperature limitations, or due to weather related conditions.
46) SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier, or distributor, which illustrate how specific portions of the Work shall be fabricated or installed.
47) SPECIAL PROVISIONS: Specific clauses setting forth conditions or requirements particular to the Project as set forth in the Proposal, which are not stipulated in the General Provisions or Technical Specifications.
48) SPECIFICATIONS: A part of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship. The directions, provisions, and requirements contained therein, and which may be supplemented by Special Provisions, pertaining to the method and manner of performing the Work, or to the quantities or the qualities of materials to be furnished under the Contract.
49) STRUCTURES: Bridges, culverts, sewers, catch basins, retaining walls, manholes, headwalls, buildings, valve vaults and other features which may be encountered or included in the Work and not otherwise classified herein.
50) SUBCONTRACTOR: Any person or entity having a subcontract with the Contractor (or any Subcontractor, of any tier, whether or not authorized by the Contractor) to furnish and perform work at the Work site, including the provision of labor, materials, equipment, supplies, tools, services, or any combination of these. This definition shall not limit the Contractor’s obligations, or alter any Subcontractor’s rights, under any law or contract.
51) SUBSTANTIAL COMPLETION: The date on which the Work has progressed to the point that the Owner can beneficially occupy or utilize the Work for the purpose for which it is intended, and the Work complies with all applicable codes and regulations, including, if required, issuance of a certificate of occupancy, or certificate of suitability for use from the appropriate governmental agencies, as determined by the Owner in its sole discretion
52) SUPERINTENDENT: The executive representative for the Contractor who is present on the Work at all times, authorized to receive and fulfill instructions from the Engineer or Project Manager
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and capable of supervising the Work efficiently.
53) SUPPLEMENTAL AGREEMENT: A written Proposal and Agreement, including Amendments, executed by the Contractor and by the Owner, with increased bonding from the surety if such agreement results in an increase in the total contract amount, covering Work not included in the Plans and Proposal or as specified in Section 1.3 which is necessary to for the proper completion of the Project. A supplemental agreement includes addendums to the original agreement, amendments to the original agreement, or change orders if such change order modifies a cost or price agreed to within the original agreement.
54) SUPPLIER: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. This definition shall not limit the Contractor’s obligations, or alter any Supplier’s rights, under any law or contract.
55) SURETY: The corporate body or individuals who are bound by the Bid Bond, Performance Bond and the Payment Bond or the Performance, Labor and Material Payment Bond, with and for the Contractor and which engage to be responsible for the entire and satisfactory fulfillment of the Contract and for the payment of all debts incurred in fulfilling the Contract.
56) UNIT PRICE: An amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Contract. Unit Prices are intended to cover all items of work to be done and materials to be furnished to fully complete the Work in accordance with the Contract Documents (including without limitation the cost of appurtenant items of work, labor, materials, fees, bond costs, supplies, utilities, royalties, tools, forms and equipment, and all other costs (including without limitation sales and use tax, insurance, licenses, permits, profit, and other overhead) not listed separately, not shown on the Plans and Specifications, or not specified but necessary to complete the Work in accordance with the Contract Documents).
57) WEATHER DAY: Any day on which Work is scheduled in the Construction Schedule but cannot be performed within contract weather or temperature limitations or due to weather-related soil conditions, and where work on critical activities cannot be performed for more than fifty percent (50%) of the work day, including any day immediately following a Weather Day on which subsequent day Work was scheduled in the Construction Schedule but cannot be performed on scheduled critical path activities due to weather related site or soil conditions for more than fifty percent (50%) of the day (drying days).
58) WORK: The term "Work" shall be understood to mean the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the Project and the carrying out of all the duties and obligations imposed by the Contract.
1.2 REFERENCES: Words describing materials or Work having a well-known technical or trade meaning in an industry, unless otherwise specifically defined, shall be construed in according to well-known meanings as recognized by engineers, architects, and the trades. All references to standard specifications, methods of testing materials, codes, practices, and requirements refer to the edition of each in effect on the date of the Request for Bids unless a specific edition or revision is referenced.
1.3 INTENTION OF TERMS: Any reference to a paragraph or subparagraph within a section shall include the general provision of the section or sections and paragraph pertinent thereto.
1.4 COMPUTATION OF TIME: Any period of time referred to in the Contract Documents will be computed as consecutive calendar days.
1.5 ABBREVIATIONS: When the following abbreviations appear in the documents, they are defined as follows:
AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AGC Associated General Contractors of America, Inc. AIA American Institute of Architects AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction ANSI American National Standards Institute APHA American Public Health Association APWA American Public Works Association ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
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AWS American Welding Society AWSC American Welding Society Code AWWA American Water Works Association CDOT Colorado Department of Transportation CPM Critical Path Method COE City of Englewood DHS U.S. Department of Homeland Security EPA U.S. Environmental Protection Agency EWD Englewood Water Department GESC Grading, Erosion and Sediment Control IEEE Institute of Electrical and Electronic Engineers MUTCD Manual on Uniform Traffic Control Devices NBS National Bureau of Standards NCPI National Clay Pipe Institute NEC National Electric Code NEMA National Electrical Manufacturer’s Association OSHA Occupational Safety & Health Administration RCRA Resource Conservation and Recovery Act SAME Society of American Military Engineers SPWRP South Platte Water Renewal Partners SAVE Systematic Alien Verification or Entitlement program WW-P Federal Specifications Prefix
1.6 INTERPRETATION
1.6.1 Whenever, in these Specifications, or upon the Plans, or within the Contract Documents the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import, are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer or Project Manager is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, or acceptable to or satisfactory to the Engineer or Project Manager, unless otherwise expressly stated, subject in each case to the final determination of the Owner.
1.6.2 “Including” shall, unless otherwise specifically stated, mean including, but not limitedto.
1.6.3 Words such as “hereby,” “herein,” and “hereunder” and words of similar import shall be construed to refer to the Agreement in its entirety and the General Conditions of the Contract, subject to the provisions of the Agreement relating to resolution of differences between terms of different Contract Documents.
1.6.4 Where otherwise consistent with the context, the singular shall include the plural and the plural shall include the singular.
1.6.5 The titles of articles and sections used in the Agreement and these General Conditions of the Contract are primarily for the convenience of the reader but may be used as aids in interpreting any provision herein. If any of the provisions of the exhibits attached to the Agreement hereto or of any of the Contract Documents are inconsistent with the provisions of the Agreement, the provisions of the Agreement shall control.
1.6.6 Any references to “days” in any Contract Documents refer to calendar days. Any references in any Contract Documents or any communications between Owner and Contractor to “business days” refer to days when Owner’s administrative offices are open for the regular conduct of business.
1.6.7 When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied.
1.6.8 Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.
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Article 2. PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE. When Contractor delivers the executed counterparts of the Contract to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. Before any Work at the Site is started, Contractor and Owners shall each deliver to the other, with copies to each additional insured identified in the Article 13 below, certificates of insurance (and other evidence of insurance with either of them or any additional insured may reasonably request) which Contract and Owner respectively are required to purchase and maintain in accordance with Article 13 below.
2.2 NOTICE TO PROCEED: Owner will give the Contractor written Notice to Proceed with the Work after execution of the Contract by the Owner. The Contractor shall begin the Work by the date stated in the Notice to Proceed and diligently pursue the Work regularly and without interruption (unless otherwise directed in writing by the Engineer or Project Manager) with the work force necessary to complete the Work and achieve Substantial Completion within the Contract Time. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract if no Notice to Proceed is provided. If any milestones are described in the Contract Documents or the approved Construction Schedule, the Work described by each milestone shall be accomplished on or before that milestone in accordance with the Contract Documents.
2.3 AUTHORITY OF THE DEPARTMENT DIRECTOR: The Project Engineer shall be the representative of the Owner in all matters concerning the Contract and the work to be performed thereunder, except the Department Director of the Owner shall have the authority to terminate the Contract as elsewhere herein provided. The Department Director shall make the final decision on all questions as to acceptable fulfillment of the Contract should a dispute between the Contractor and the Project Engineer occur.
2.4 PLANS AND SPECIFICATIONS: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full:
• Invitation to Bid and Supporting Documents
• Contract (this instrument), including all Exhibits, Schedules, Attachments, and Specifications. • All Proposal Response Documents
• Certificate of Insurance
The Contractor shall perform all items of Work covered and stipulated in the Specifications, Proposal, Contract and Special Provisions, together with any authorized alterations, Extra Work and Supplemental Agreements, all in accordance with the Plans. The Contractor shall furnish, unless otherwise provided in the Specifications and/or Special Provisions, all materials, implements, machinery, equipment, tools, supplies, transportation and labor necessary to perform and complete the Work.
The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost of the work. Failure by the Contractor to do so will not relieve it from responsibility for successfully performing Work without additional expense to Owner. The Owner will not be responsible for any understanding or representations concerning conditions, unless such understanding or representations are expressly stated in the Contract.
2.5 SPECIAL WORK: Should any construction or conditions which are not thoroughly stipulated or set forth by the plans and specifications be anticipated on any proposed Project, Special Provisions for such Work may be prepared and attached hereto as Exhibit C, and shall be considered as part of the Specifications, the same as though contained fully therein. Should any Special Provision conflict with the Specifications, the Special Provision will govern.
2.6 PRE-CONSTRUCTION MEETING: Before any Work at the Site is started, a conference attended by the Project Engineer, Project Manager, Contractor, and others as appropriate, will be held to establish a working understanding among the parties as to the Work and to discuss the schedules for progress, milestones, and completion of Work, procedures for handling Shop Drawings, and other submittals, processing Applications for Payment, and maintaining required records. The Contractor may be asked to provide specific information as to labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents.
At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
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2.7 CONTRACTOR’S UNDERSTANDING OF WORK The Contractor agrees that by careful examination it is satisfied as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Work, the general and local conditions, and all other matters, which can in any way affect the Work under the Contract. No oral agreement with any officer, agent, or employee of the Owner either before or after the execution of the Contract shall affect or change any of the terms or obligations contained in the Contract.
2.8 CONTRACTOR’S REPRESENTATION: The Contractor represents and warrants that it has the knowledge, ability, experience, and expertise to perform the Work competently in accordance with the Contract Documents. The Contractor represents and warrants the capacity of the Contractor's construction plant, personnel, and its ability to complete the Work by the Completion Date.
2.9 OTHER WORK: The Owner reserves the right to award other contracts in connection with the Project or other activities. The Contractor must be prepared to accept the presence, on or adjacent to the construction site, of work forces of other contractors, subcontractors, tenants, government agencies and municipal, public service or utility personnel. The Contractor shall cooperate with and afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall coordinate its Work with theirs. If it becomes impossible to proceed with the Work in a manner that permits all activities to progress at a reasonable pace, the Project Engineer, or Project Manager, will select the course of action that appears to best serve the Owner.
2.10 CONTRACTOR’S SIGNS: No signs with Contractor’s name, logo, telephone number, address or, (etc.), shall be placed on any pole, road, structure or other surface, unless approved in writing, and in advance of such placement, by the City.
2.11 PUBLICITY AND ADVERTISING: Neither the Contractor nor its Subcontractors or Suppliers shall include any reference to the Contract nor to Work performed hereunder in any advertising or public relations materials without first obtaining the written approval of the Project Engineer. All information shall be factual, and shall in no way imply that the Owner endorses the Contractor or its services or product.
The Owner shall have the right to photograph, videotape, film or in any other manner record the progress of the Work at any time and to use such materials for any purpose.
Article 3. PAYMENTS
3.1 MEASUREMENT OF WORK PERFORMED: The determination of the amount of Work acceptably completed under the terms of the Contract, or as directed by the Project Engineer, or Project Manager, in writing, will be made by the Project Engineer, or Project Manager, based on measurements taken by him or his agents. These measurements will be taken according to the United States standard measure. All surface and linear measurements will be taken horizontally unless otherwise shown on Plans or specified. Structures shall be measured to the neat lines as shown on the Plans, or as ordered in writing by the Project Manager. Other acceptable methods could include noting a percentage completed or referencing the project schedule by milestone.
3.2 PAYMENTS TO CONTRACTOR AND COMPLETION
3.2.1 General - Unless expressly provided otherwise, the Unit Prices shown in the Contractor’s Proposal include the cost of all labor, materials, supplies, equipment, tools, forms, services, utilities, royalties, fees, taxes, profit, overhead, and any other thing or expense, whether temporary or permanent, necessary to complete the Project in accordance with the Contract Documents. Items not shown on the Contract Documents that are necessary to construct the Project will be considered a part of the Project whether specified or not and no separate payment will be made for these items.
3.2.2 Determination of Amounts and Quantities – The Project Engineer, or Project Manager, or his or her designee shall verify determinations of amounts and quantities of Work performed. The method of measurement of pay items subject to Unit Prices will be as specified in the Special Conditions.
3.2.3 Monthly Estimates & Progress Payments
a) Before Work commences, Owner and Contractor shall designate a day of the month by which
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Invoices for Payment shall be due. On or before such day of each month after the Construction Work has commenced (but not earlier than the first day of such month), Owner shall submit to Contractor a “Periodic Estimate for Partial Payment” based on the Schedule of Values, and such other materials and information as may be required by the Agreement. No “Periodic Estimate for Partial Payment” except the Application for Final Payment shall be made for an amount less than $1,000.00.
b) The Contractor shall submit signed estimates for progress payments on a monthly basis based on “Periodic Estimate for Partial Payment” for all Work completed to date. Estimates shall be prepared by the Owner no later than ten (10) days after the end of the month for Work subject to the application. Estimates shall be produced in a format reflecting the line items for which payment is requested according to the Unit Price Form in the Proposal and any applicable Change Order, shall be dated as of the actual date of submittal (or revised submittal, as applicable), and shall reflect the Work completed and the date to which Work has been completed. The Contractor will provide support documentation for all estimates, as requested.
c) Each Periodic Estimate for Partial Payment shall constitute a representation and warranty of Contractor (whether or not specifically stated) that Contractor is not in default hereunder, the amounts requested in the Periodic Estimate for Partial Payment are due hereunder, after payment of the amounts requested in the Periodic Estimate for Partial Payment, the amount remaining to be paid under the Contract is sufficient to pay for the balance of the Work, the Work performed to date is in accordance with that contemplated by the Milestone Schedule (or specifying the portions thereof that are not), Contractor has no claims hereunder and has no request for changes in the Milestone Schedule or the Contract Sum not provided for in the Periodic Estimate for Partial Payment. Each Periodic Estimate for Partial Payment shall further constitute the representation and warranty of Contractor (whether or not specifically stated) that the percentage of the Work represented to have been done in each category provided on the Schedule of Values has, in fact, been completed as of the last day of the period for which such Periodic Estimate for Partial Payment has been submitted. The period covered by a Periodic Estimate for Partial Payment shall end not earlier than ten (10) days before the due date for the Periodic Estimate for Partial Payment, unless Contractor and Owner agree otherwise in writing.
d) Each Periodic Estimate for Partial Payment shall set forth the status of all Proposed Changes, Change Directives, and Change Orders.
e) Contractor shall promptly submit such additional information and documents as Owner or Project Professionals may reasonably request in support of the Periodic Estimate for Partial Payment.
f) The signature on each application is a representation by the Contractor to the Owner that the Work has progressed to the point indicated, that the Work covered by the application is in accordance with the Contract Documents, that the money received as a result of the application will be used to discharge the Contractor’s obligations under the Contract, and that the Contractor is entitled to payment in the amount requested.
g) By signing a Periodic Estimate for Partial Payment, the Contractor warrants that: (i) the title to the Work covered by the estimate of Work completed will pass to the Owner by incorporation into the completed Work; (ii) the Work covered by previous estimates of Work completed is free and clear of liens, claims, security interests or encumbrances, except for any interest created by retainage; and (iii) no Work covered by the estimate of Work completed is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or any other person or entity.
h) The Contractor shall provide notice and reason, to the subcontractor or supplier and the Owner, why the subcontractor or supplier is not being paid. The Contractor shall not include in its Periodic Estimate for Partial Payment any billing for defective Work or for work performed by Subcontractors or Suppliers if it does not intend to pay the Subcontractors or Suppliers for such work.
i) Applications may include the value of acceptable materials required in the construction which have been delivered on the site of the Work or to adjacent railway siding and for which acceptable provisions have been made for preservation and storage, providing the Contractor submits with its monthly estimate paid invoices in duplicate for the material for which payment is being requested. Material paid for by the Owner becomes the property of the Owner and, in the event of the default on the part of the Contractor, the Owner may use or cause to be used such materials in construction of the Work provided for in the Contract.
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j) The authorized Owner representative(s) must approve the applications and estimates before progress payments will be made. The Owner will make payments within thirty (30) days after the receipt of a signed monthly estimate in proper form containing all required and requested information. Progress payments are payments on accounts and shall not be construed as acceptance by the Owner of any part of the Work.
k) All progress payments, except for the Final Payment, shall be subject to correction on subsequent applications after the discovery of any error. Approval of an application for payment of Work completed or actual payment by the Owner shall not foreclose the right of the Owner to examine the books and records of the Contractor to determine the correctness and accuracy of any item.
l) The Contractor shall make partial payments of the amount due and payable to each of its Subcontractors and Suppliers in the same manner as the Owner is required to pay the Contractor under this article. This provision shall not create any privity of contract between the Owner and any Subcontractor or Supplier, or make any Subcontractor or Supplier a third- party beneficiary of this Contract.
3.2.4 Retainage & Withheld Amounts
a) The Owner will retain five percent (5%) of the total amount earned, including Change Orders, as indicated in each approved application until Final Payment. Securities are not acceptable to the Owner in lieu of retainage.
b) If the Owner finds that satisfactory progress is being made in all phases of the Contract and work is more than 80% complete, it may, upon written request by the Contractor, authorize payment from the withheld percentage. Before such payment is made, the Owner shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any Surety furnishing the Payment Bond or Performance Bond.
c) The Owner may withhold, in addition to retained percentages from Contractor payments, such an amount or amounts from any progress payment or Final Payment as may be necessary to cover: • Claims for labor or materials furnished the Contractor or any Subcontractor or reasonable evidence indicating probable filing of such claims; • Failure of Contractor to carry out the Work in accordance with the Contract Documents • Failure of the Contractor to make proper payment to Subcontractors or Suppliers; • A reasonable doubt that the Contract can be completed for the balance then unpaid; • Evidence of damage to another contractor, utility, or private property;
• Claims filed in connection with the Work or reasonable evidence indicating probable filing of claims. • Uncorrected defective Work or guarantees that have not been met;
• Failure of the Contractor to submit cost breakdowns, schedules, reports and other information required under the Contract; • Persistent failure to carry out the Work according to the Contract; • Failure to keep a superintendent on the Site during Construction Work.
• Reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; • Any tax delinquency, unpaid fee, or other unpaid financial obligation of the Contractor owed to the Owner; • Any request that the Owner pay additional compensation to another contractor as a result of delays in the performance of that contractor’s work caused by the Contractor’s acts or omissions; and • Any other amounts that the Owner is authorized to withhold under the Contract Documents.
If the reason for withholding is removed, the Owner will make payment of the withheld sums with the next regular progress payment unless another basis for withholding exists
d) Execution of the Contract by the Contractor shall constitute a waiver by the Contractor to claim any right of payment of interest upon any funds retained or withheld by the Owner pursuant to these General Conditions or C.R.S. § 38-26-107.
3.2.5 Substantial Completion
a) When the Contractor considers the entire work ready for its intended use, the Contractor shall
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notify the Project Engineer, or Project Manager, in writing that the entire Work is substantially complete, except for minor items specifically listed by Contractor as incomplete (the Contractor’s punch list), and request that the Project Engineer, or Project Manager, issue a Notice of Substantial Completion.
b) Within seven (7) days after the receipt of such notice, the Contractor, Engineer, or Project Manager and any other appropriate Owner representatives shall inspect the Work to determine the status of completion and the Contractor’s punch list.
• If the Project Engineer, or Project Manager, does not consider the Work substantially complete, the inspection will cease and the Project Engineer, or Project Manager, will notify the Contractor in writing giving the reasons for denial of the Notice of Substantial Completion and the Contractor will proceed with the Work. All costs associated with such premature inspection, including any compensation for additional design services and the Owner’s additional costs, shall be deducted from any payment due to the Contractor.
• If the Project Engineer, or Project Manager, considers the Work substantially complete, the Project Engineer, or Project Manager, will prepare and deliver to the contractor a Notice of Substantial Completion. The Project Engineer, or Project Manager, shall attach to the notice a punch list of items to be completed or corrected before Final Acceptance. Failure to include any items on the punch list shall not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
3.2.6 Right of Early Occupancy or Use
a) The Owner shall have the right to take early possession of and to use any completed or partially completed portions of the Work, even if Substantial Completion of the Work has not occurred and even if the Work has not been fully accepted. Such possession and early occupancy shall not constitute Substantial Completion of such portions of the Work nor affect the Owner’s right to assess liquidated damages.
b) If the Owner elects to take possession of and to use any completed or partially completed portions of the Work prior to Substantial Completion, an inspection shall be made by the Contractor and the Project Engineer, or Project Manager. Based upon such inspection, the Project Engineer, or Project Manager, will attempt to list all incomplete Work items observed, and shall provide the Contractor with such list. However, the absence of an item from the list shall not relieve the Contractor of responsibility to perform all of the Work. Any and all areas so occupied will be subject to a final inspection prior to Final Acceptance and the issuance of Certificate of Occupancy, if required.
c) At the time of such inspection, the Parties shall also negotiate the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, property insurance premiums, and damage to the Work. These negotiations are subject to the final approval of the Owner.
d) If the Contractor believes there will be an additional cost or delay associated with completion of the Work while the Owner occupies the Work in whole or in part under this section, the Contractor shall advise the Project Engineer, or Project Manager, by Contractor Change Request of all such costs and delays at or before the time of such inspection. If the Contractor fails or refuses to furnish such cost or delay information, or fails or refuses to comply with the Contractor Change Request procedure, the Contractor shall be deemed to have waived any and all rights to assert any claim for such additional cost or delay.
3.2.7 Final Acceptance
a) When the Work specified in the Contract (including all punch list items) is completed and the final cleanup has been performed, the Contractor shall notify the Project Engineer, or Project Manager, that all Work under the Contract has been completed and the Project Engineer, or Project Manager, shall, within seven (7) days after such notice, make the final inspection.
b) If the Project Engineer, or Project Manager, finds that the Project has been completed according to the Contract requirements and that all parts of the Work are in good condition and in working order, the Owner, upon the recommendation of the Project Engineer, or Project Manager, shall issue a written Notice of Final Acceptance. Any Notice of Final Acceptance issued orally or without proper Owner authorization is void.
c) If the Project Engineer, or Project Manager, finds that the Project has not been completed according to the Contract requirements and that not all parts of the Work are in good condition and in working order, the Project Engineer, or Project Manager, shall compile a punch list of corrective or replacement Work to be completed by the Contractor and Contract obligations yet to be satisfied that the Contractor shall complete or fulfill to the Project
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Engineer, or Project Manager’s satisfaction, at the Contractor’s expense, as a condition precedent to the issuance of a Notice of Final Acceptance.
3.2.8 Final Settlement & Final Payment
a) After Final Acceptance, the Project Engineer, Contractor, or other person designated by the Owner, as appropriate, will prepare a final estimate of the total value of all Work performed under the Contract. This will include all extra Work properly authorized and performed. All prior estimates and payments shall be subject to correction in the final estimate and payment. In the absence of error or fraud, all estimates, when approved by the Owner, shall be conclusive evidence of the Work performed and materials furnished.
b) The Owner shall not authorize final payment until all items on the punch list have been completed, a Notice of Final Acceptance is issued, and the Notice of Final Settlement has been published. If the Work is substantially completed, but Final Acceptance is prevented by the unavailability of materials, or other causes beyond the control of the Contractor, and if consistent with any applicable bond, the Owner, in its sole discretion, may release to the Contractor all amounts due except for a retainage of two (2) times the cost of completing the unfinished Work as estimated by the Owner.
c) Before the Owner will advertise final settlement, the Contractor shall demonstrate to the operating personnel of the Owner the proper operation and maintenance of all equipment and systems, and deliver to the Project Engineer, or Project Manager: • All guarantees and warranties;
• Bound sets of required operations and maintenance manuals and instructions as required by the Contract Documents; • Record Documents required by the Contract Documents;
• Satisfactory evidence that all payroll, material bills, taxes, and other indebtedness connected with the Work have been paid or otherwise satisfied; • A complete and final, unconditional waiver or release of any and all lien and claim rights from each Subcontractor, materialman, Supplier, manufacturer, and dealer for all labor, equipment and material used or furnished by each on the Work; • Consent of the Surety to final payment; • All submittals required by the Contract Documents; and
• Any other documents required to be furnished by the Contract Documents
d) The Work shall be advertised (Notice of Contractor’s Settlement) in accordance with C.R.S. § 38-26-107. This statute governs the maintenance and enforcement of claims for payment against the Project by Subcontractors, Suppliers and certain others. Final payment and settlement shall be made only after the Contractor has completed the foregoing requirements, and the Owner is satisfied that no claims by Subcontractors or Suppliers have been filed or remain pending.
e) If any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed prior to the date set for final settlement, the Owner shall withhold from payments to the Contractor sufficient funds to ensure the payment of such claim, until the same shall have been paid or withdrawn. Such payment or withdrawal shall be evidenced by filing with the Project Engineer, or Project Manager, an unconditional receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. The Owner will withhold from payment any funds it may be required by law to withhold or that it may in the determination of the Owner be entitled to withhold, and final payment will not be made until, in the sole determination of the Owner, all conditions of the Contract and of law have been met.
f) If there are outstanding claims against the Contractor or its Subcontractors or for any other reason the Contractor is not able to fulfill one or more of the requirements of this section, the Owner may, at its sole discretion, waive the requirement, provided the Surety agrees to the Owner making final settlement without in any way lessening or modifying the Surety’s liability under such Bonds.
g) If any overpayment was made by the Owner at any time, the Contractor shall immediately return all overpaid amounts.
h) At the time of settlement, there shall be deducted from the final estimate (i) all previous payments made to the Contractor under the Contract, (ii) all amounts chargeable to the Contractor, (iii) all liquidated damages due the Owner; (iv) all unpaid taxes due and payable to the Owner; and (v) all damages and all other costs, expenses and charges properly chargeable to the Contractor under the terms of the Contract.
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i) Subject to delays allowed by Colorado law and these General Conditions, the Owner shall make Final Payment after Final Acceptance, including the release of all retainage and withheld amounts, except as authorized by the Contract Documents. Final Payment shall constitute complete payment for all Work, labor, materials, equipment, and miscellaneous items in the Project.
j) At the time of delivery to the Contractor of the final payment, the Contractor shall execute and give to the Owner a final receipt for the same.
k) The acceptance of final payment shall constitute a waiver of all Claims by the Contractor except those previously made in accordance with these General Conditions which have been separately identified by the Contractor as unsettled in the final payment application, and which the Owner agrees in writing may be set over for resolution after final payment.
l) All provisions of these Contract Documents, including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment.
3.3 APPROPRIATION OF FUNDS: At present, the amount set forth in the Contract has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in the Contract to the contrary, all payment obligations of the Owner are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Owner’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Owner payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Owner and applicable law. Upon the failure to appropriate such funds, the Contract shall be deemed terminated. The Owner shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination.
3.4 PAYMENT FOR INCREASED OR DECREASED QUANTITIES: When alterations in the Plans or quantities of Work not requiring Supplemental Agreements, as provided for above, are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of Work done. No allowance will be made for lost profits. Increased or decreased Work involving Supplemental Agreements will be paid for as stipulated in such agreements.
3.5 PAYMENT FOR OMITTED ITEMS: For any item omitted from the work under the provisions of Section 1.5, the Owner will pay the Contractor a fair and equitable amount for costs incurred directly related to such item prior to the date of the Owner's order to omit the item. No allowance will be made for lost profits in reimbursements to the Contractor for omitted items of Work. Acceptable materials ordered by the Contractor or delivered to the Work site prior to the date of cancellation, alteration, or suspension of the Work by order of the Project Engineer, or Project Manager, will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.
The Contractor shall immediately submit certified statements covering all money expended in preparation for any omitted item, and he shall be reimbursed for any money expended in preparation for Work on any omitted item when such preparation has no value to the remaining items of the Contract, or for a proportionate amount based on the total Contract price over which such preparation would ordinarily be distributed when other items are included in such preparation.
3.6 EXTRA AND FORCE ACCOUNT WORK: Extra Work, for which no price is provided in the Proposal, shall be covered by a Supplemental Agreement which could be an addendum (additional work requested), amendment (change the terms of the agreement, or change order (change the specifications of original work) to be signed by both parties before such Work is commenced. Extra Work will be paid for either at a lump sum, or unit prices agreed upon, or on a Force Account basis. For all labor, teams, and foremen in direct charge of the specific operations accomplished on a Force Account basis, the Contractor shall receive the current local rate of wage, to be agreed upon before starting the Work, to which shall be added fifteen (15) percent of the sum thereof to cover cost of supervision, the rental of small tools and ordinary equipment, additional Bond, Unemployment Insurance, all overhead and any other costs not specifically stated. In addition, the Contractor shall be paid a sum equal to the Worker's Compensation insurance premium, the actual costs of Social Security taxes computed on the base rate for the class of Work involved for the actual amount of the payroll, and the public liability and property damage insurance premium; provided, however, that nothing in this Section will change the legal status of the relationship between the Parties to this Agreement. For all materials furnished and used by the Contractor on a Force Account basis, he shall receive the actual cost of such materials, including transportation charges as shown by original receipted bills, to which shall be added fifteen (15) percent of said actual cost.
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For machine power tools or equipment, including fuel and lubricant, used on Force Account Work, payment for the same will be made on a rental basis at the rate agreed upon between the Contractor and the Project Engineer, or Project Manager, to which no rate or percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment for Extra Work done on a Force Account basis. The Contractor shall make no claim for Force Account Work, unless performed on written order and in accordance therewith. The Contractor's representative and the Inspector shall compare records of Extra Work done on a Force Account basis at the end of each day. Copies of these records shall be made upon suitable forms provided for this purpose, and signed by both the Inspector and the Contractor's representative, one copy being forwarded to the Project Engineer, or Project Manager, and one copy to the Contractor. All claims for Extra Work done on a Force Account basis shall be submitted each month to the Project Engineer, or Project Manager, by the Contractor upon certified statements, or upon forms furnished by the Owner. Work performed prior to a written order by the Project Engineer, or Project Manager, will not be paid for.
3.7 PARTIAL PAYMENTS: The Project Engineer, or Project Manager, will make an estimate once each month, as the Work progresses, of the value of the Work performed and materials completed and in-place or delivered to the site in accordance with the Contract. On request of the Project Engineer, or Project Manager, the Contractor shall furnish a detailed estimate of the total Contract price showing the amount included therein for each category of Work, to provide a basis for determining the amount of progress payments. The market value of materials and equipment delivered to the construction site but not yet incorporated in the Work may, at the discretion of the Owner, be included with a progress payment. However, payment by the Owner for such materials and equipment shall not relieve the Contractor of the responsibility for the care of such materials and equipment because the Owner shall not be deemed to have assumed ownership of the materials or equipment until these are incorporated into the completed and accepted Work. Such increases to progress payments, if authorized, are intended only to reduce the cost of doing business with the Owner. The Owner, when awarding a contract exceeding one hundred fifty thousand dollars ($150,000) for the construction, alteration, or repair of any highway, public building, public work, or public improvement, structure, or system, including real property as defined in section 24-30-1301 (15), shall authorize partial payments of the amount due under such contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor, if the contractor is satisfactorily performing the contract. The Owner shall pay at least ninety-five percent of the calculated value of completed work. The withheld percentage of the contract price of any contracted work, improvement, or construction may be retained until the contract is completed satisfactorily and finally accepted by the Owner. Where the Contract price does not exceed such amount, from the total of the estimate so ascertained will be deducted an amount equivalent to five (5) percent of the whole, to be retained by the Owner until acceptance of the entire Contract, and the balance of the sum equivalent to ninety (90) percent of the whole shall be certified by the Project Engineer, or Project Manager, for payment. In addition, Owner shall retain from all progress payments an amount equal to all statutory claims filed against Contractor. No partial payments except final payment will be made for a sum less than $l,000.00. The estimates will be approximate only, and all partial or monthly estimates and payments shall be subject to correction in the estimate and payment rendered following discovery of an error in any previous estimates or payments. Should any defective Work or material be discovered, or should a reasonable doubt arise as to the integrity of any part of the Work completed previous to the final acceptance and payment, there will be deducted from the first payment rendered after the discovery of such Work an amount equal in value to the defective or questioned Work, and this Work will not be included in a subsequent estimate or payment until the defects have been remedied or the causes for doubt removed.
3.8 TAXES / DIRECT PURCHASE OPTION
3.8.1 Sales and Use Tax - Contractor shall only include sales and use tax levied by the City of Englewood and Arapahoe County on materials in its Schedules of Values, and Subcontractors and Suppliers shall only include such amounts in their Bids. The Owner will furnish to Contractor, on request by the Contractor, the necessary exemption certificates to aid the Contractor in the recovery or avoidance of any such taxes paid or otherwise due to be paid by Contractor for materials and equipment built into the Project, or to support the Contractor's failure to pay such taxes, as the case may be.
3.8.2 Tax Exemption - In accordance with Colorado Revised Statutes Sections 39-26-114 and 39-26-203, and the related regulation of the Department of Revenue, State of Colorado, the Contractor shall apply to the Department of Revenue, and secure prior to commencing the Project an exemption certificate, which when issued by the Department of Revenue will enable the Contractor to purchase for the Project all materials free of State Sales and Use Taxes and Regional Transportation District (RTD) Tax, provided that any building permit fee shall be included in any Proposal with respect to the Project. Further, if awarded the Project, no Englewood sales and/or use tax shall be included in any billing with respect to the Project. This provision shall apply to all contractors, subcontractors and material suppliers. When Englewood sales tax is paid to licensed Englewood vendors for materials, which become part of the Project by a Contractor, the City of Englewood will refund that tax to the Contractor upon receipt of an application from the Contractor at the conclusion of the Project. Accompanying the application must be the material receipt(s) displaying a description of the items(s) purchased, date of purchase, amount of purchase, tax paid and any
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other documentation and information which may be required by the Owner to substantiate the payment and help validate a refund.
3.8.3 Direct Purchase Option - At Owner’s option, Contractor and Owner shall cooperate with one another so that Owner may purchase or contract directly for such items or Contractor and Owner shall make other appropriate arrangements as necessary to avoid incurring taxes, fees, and other costs. In such circumstances, Contractor shall act as agent for Owner in effecting such purchasing and contracting, Contractor shall have all the responsibilities as to such portions of the Work as Contractor otherwise has with respect to the Work. Contractor shall be responsible to expedite, arrange for and receive delivery of all such purchases, regardless of whether made by Contractor or Owner, and shall promptly examine deliveries to ascertain whether or not they comply with the requirements of the Contract Documents. Contractor shall promptly notify the Owner and Architect of any delay in the delivery of such purchases, any failure to receive such purchases as needed and any failure of such purchases to comply with the Contract Documents
3.8.4 Direct Supplier Payment - To the extent that Owner makes any payments directly to Suppliers, such payments shall be credited against the payments due from Owner to Contractor hereunder and shown, as incurred, on all Applications for Payment. Owner shall promptly notify Contractor and Architect, on serially numbered forms, of any amount paid directly for materials, any discounts obtained by Owner, and the amount of the credit due to Owner.
3.8.5 Tax Payment - The Contractor shall pay all sales and use taxes required to be paid, shall maintain such records in respect to his Work, which shall be separate and distinct from all other records maintained by the Contractor and shall be available for inspection by the Owner at any and all reasonable times, and shall furnish the Owner with such data, as may be necessary to enable the Owner to obtain any refunds of such taxes which may be available to the Owner under the laws, ordinances, rules or regulations applicable to such taxes. The Contractor shall require each of his Subcontractors to pay all sales and use taxes required to be paid and to maintain such records and furnish the Contractor with such data as may be necessary to enable the Owner to obtain a refund of the taxes paid by such subcontractors.
The Contractors or Subcontractors who purchase materials, which become part of the Project, from governmental entities, which do not honor the exemption and thereby pay sales tax will not be reimbursed for that tax payment by the City of Englewood. The Contractor shall bear the risk of any added or increased taxes occurring during the performance of the Work. A change in taxes shall under no circumstances entitle the Contractor to an adjustment under the Contract.
3.8.6 Discounts - All discounts for prompt payment obtained by Contractor shall accrue to Owner to the extent they apply to Costs of Work payable by Owner (whether paid directly or reimbursed to Contractor). To the extent that such discounts apply to costs paid by Contractor without reimbursement, such discounts shall accrue to Contractor. All trade discounts, rebates and refunds, and all returns from sale of surplus or salvage materials and equipment, shall accrue to the benefit of Owner, and the Contractor’s agreements with others shall provide for such credits to be applied either through credits from Subcontractors and Suppliers passed through to Owner by Contractor or by payment directly to Owner.
3.8.7 Adjustments - The Contract Sum may be adjusted by Agreed Change. Contractor is obligated to pay out of its own funds any overruns of the Contract Sum not approved by Agreed Change as provided in Article 6.
3.9 LIENS
3.9.1 Title - Nothing in this contract shall be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this contract after they have been installed in, incorporated into, attached to, or affixed to, the work or the work site. All such equipment, materials, supplies, and other items shall, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title shall not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this contract.
3.9.2 Waivers of Lien - Contractor shall, from time to time at Owner's request and in any event prior to final payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the work or this contract ("Lien") and that no right to file any Lien exists in favor of any person whatsoever.
3.9.3 Removal of Liens - If at any time any notice of any Lien is filed, then Contractor shall, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or
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disposition, Owner shall have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of any actions brought in connection therewith or by reason thereof.
3.9.4 Protection of Owner Only - This section shall not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor shall it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this section shall be deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner shall have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served.
3.10 DEDUCTIONS
3.10.1 Owner's Right to Withhold - Notwithstanding any other provision of this contract and without prejudice to any of Owner's other rights or remedies, Owner shall have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or final payment that may be or become due under this contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to:
a) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; b) Damage for which Contractor is liable under this contract; c) State or local sales, use, or excise taxes from which Owner is exempt; d) Liens or claims of Lien regardless of merit; e) Claims of subcontractors, suppliers, or other persons regardless of merit; f) Delay in the progress or completion of the work; g) Inability of Contractor to complete the work; h) Failure of Contractor to properly complete or document any Pay Request; i) Any other failure of Contractor to perform any of its obligations under this contract; or j) The cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 3.2 of this contract.
3.10.2 Use of Withheld Funds - Owner shall be entitled to retain any and all amounts withheld pursuant to subsection 7.12 above until Contractor shall have either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner shall be entitled to apply any money withheld or any other money due Contractor under this contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this contract.
Article 4. COMPLETION, TIME AND DELAYS IN CONSTRUCTION
4.1 DELAYS: No payment, compensation, damages, or adjustment of any kind, other than extension of the contract time if received in writing by Owner shall be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the work, whether caused by Owner or any other party and whether avoidable or unavoidable other than as set forth in a change order described fully above.
4.2 CONSTRUCTION SCHEDULE: Within the time specified in the Request for Bids, the Contractor shall submit to the Owner a proposed Construction Schedule using Primavera, MS Project or other comparable Critical Path Method (CPM) scheduling software.
The Construction Schedule must include all Work activities to be performed under the Contract including any work to be performed by Subcontractors and must account for all Reasonably Predictable Weather Delays. All activities should be logically tied with a critical path clearly identified. The schedule must have sufficient detail to adequately plan and manage the Work. Contractual and key milestones are to be identified.
The Construction Schedule must include a brief narrative including: a) A description of the schedule critical path (series of tasks that define the overall project schedule); b) Identification of non-work days such as weekends or holidays; c) A table showing calculated Reasonably Predictable Weather Days (including drying days for each month); and d) List of assumptions used while developing the Construction Schedule.
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It will be presumed that the Contractor, at the time of Bid, took into account the number of days which might be unavailable for Work as a result of Reasonably Predictable Weather Delays during the Contract Time.
The Contractor shall calculate the average number of lost weather days for each month of the Construction Schedule as defined in section 4.12.4 below.
On a monthly basis with each pay application and as requested by the Project Engineer, or Project Manager, the Contractor shall update the Construction Schedule and provide a summary report of progress on the various parts of the Work, including the status, rate of progress, estimated completion date, and cause of delay, if any. This report shall not constitute a request or approval for any change in the Contract Time.
Work shall normally not be done on Saturdays, Sundays, Owner observed holidays, or outside of the daytime working hours (7:00 a.m. to 7:00 p.m.), except for such work as may be necessary for proper care, maintenance, and protection of Work already done, or in cases when the Work would be endangered or when hazard to life or property would result.
No work shall be done on Sundays, holidays, or at night outside of usual daytime working hours, except in emergencies beyond the Contractor’s control, whereby the work would be endangered, or hazards to life or property would result. If the Contractor believes it may be necessary to work on Saturdays, Sundays, holidays, or at night, the Contractor shall make prior arrangements with the Project Engineer, or Project Manager, and receive written approval at least forty-eight (48) hours before such work period so that proper inspection and engineering services can be provided. Such approval may be revoked by the Project Engineer, or Project Manager, if the Contractor fails to maintain adequate equipment and lighting at night for the proper prosecution, control and inspection of the Work. If Work is done outside of approved working hours, and the Project Engineer, or Project Manager, has not assigned Inspectors to the Work, the Work performed during those periods of time may be declared defective solely on the grounds that it was not properly inspected.
4.3 SUBCONTRACTING OR ASSIGNING OF CONTRACT: No Contractual relationship will be recognized under the Contract other than the Contractual relationship between the Owner and Contractor.
Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the Owner specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents.
4.4 COMMENCEMENT OF WORK: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director, and agrees to fully complete said work within the schedule designated in the contract plus such extension or extensions of time as may be granted by the Director in accordance with the provisions of the Contract Documents and Specifications.
The Contractor shall notify the Project Engineer, or Project Manager, at least 48 hours in advance of the time he intends to begin Work. The Contractor shall conduct Work in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within the time limit set forth in the Contract. Should the prosecution of Work for any reason be discontinued by the Contractor, with the consent of the Project Engineer, or Project Manager, he shall notify the Project Engineer, or Project Manager, at least 48 hours in advance of resuming operations.
4.5 LIMITATION OF OPERATIONS: Each item of Work shall be performed to completion without delay and in no instance will the Contractor be permitted to transfer his force from uncompleted Work to new Work without the permission of the Project Engineer, or Project Manager. The Contractor shall not open up Work to the prejudice of Work already started.
4.6 PROGRESS SCHEDULE: The Contractor shall prepare and submit to the Project Engineer, or Project Manager, for approval five (5) calendar days prior to the Preconstruction Conference, a practicable schedule, showing the order in which the Contractor proposes to carry on the Work, the date on which he will start the several salient features (including procurement of materials and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of Work scheduled for completion at any time. The Contractor shall enter on the chart the actual progress at such intervals as directed by the Engineer or Project Manager, and shall immediately deliver three copies thereof. If the Contractor fails to submit a progress schedule within the time herein prescribed, the Project Engineer, or Project Manager, may withhold approval of progress payment estimates until such time as the Contractor submits the required
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progress schedule.
The Contractor shall perform the Work in accordance with the latest approved progress Schedule. In the event that the progress of items along the critical path in the project schedule is delayed, the Contractor shall revise his planning to include additional forces, equipment, shifts or hours as necessary to meet the time or times of completion specified in this Contract. Additional costs resulting therefrom will be borne by the Contractor. The Contractor shall make such changes when his progress at any check period does not meet at least one of the following two tests: a. The percentage of dollar value of completed Work with respect to the total amount of the Contract is within ten percentage points of the percentage of the Contract time elapsed, or; b. The percentage of dollar value of completed Work is within ten percentage points of the dollar value which should have been performed according to the Contractors own network analysis previously approved by the Project Engineer, or Project Manager.
Failure of the Contractor to comply with the requirements under this Section will be grounds for determination that the Contractor is not performing the Work with such diligence as will ensure completion within the time of completion specified in this Contract. Upon such determination, the Owner may terminate the Contractor's right to proceed with the Work, or any separate part thereof, in accordance with the provisions contained herein. The Owner may extend the time periods reflected by subparagraphs (a) and (b) above, if those subparagraphs do not reasonably reflect upon the Contractor’s prosecution of the Work.
4.7 CHARACTER OF WORKMEN AND EQUIPMENT: The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent, and the Project Engineer, or Project Manager, may demand the dismissal of any person or persons employed by the Contractor in, about, or upon the Work who shall engage in acts of misconduct (as defined in the Federal Contractor Misconduct Database) or be incompetent or negligent in the proper performance of his or her duties, or neglects or refuses to comply with the directions given, and such person or persons shall not be employed again thereon without the written consent of the Project Engineer, or Project Manager. Should the Contractor continue to employ, or again employ such person or persons, the Project Engineer, or Project Manager, may withhold all payments which are or may become due, or the Project Engineer, or Project Manager, may suspend the Work until such orders are complied with.
In the employment of labor, preference shall be given, other conditions being equal, to residents of the area wherein the Work is being done, but no other preference or discrimination among citizens of the United States shall be made, except as may be required by special labor provisions. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the Work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the Work shall be maintained in a satisfactory working condition. Equipment used on any portion of the Work shall be such that no injury to the workers, roadways, adjacent property, or other objects will result from its use. The Contract may be terminated if the Contractor fails to provide adequate equipment for the Work.
4.8 SUSPENSION OF WORK: The Owner may suspend all or any part of the Work by written order signed by the Project Engineer, or Project Manager, without invalidating the Contract, for such period or periods as it may deem necessary due to: a) Any reason for the convenience of the Owner, with or without cause, including but not limited to the availability of funding for the Project; b) An order from a state or federal court or administrative agency; or c) The Contractor’s failure to perform any provision of the Contract Documents.
Upon receipt from the Project Engineer, or Project Manager, of an order to suspend the Work, the Contractor shall, within three (3) days, submit a suspension plan to the Project Engineer, or Project Manager, for acceptance. The plan shall describe how the Contractor will store all materials in a manner so that the materials will not become an obstruction or become damaged in any way, what cost effective methods it will employ to prevent damage to or deterioration of the Work and otherwise protect the Work, how suitable drainage will be provided, what temporary structures will be necessary, and how the Contractor will prepare for resuming the Work for the least possible remobilization cost. After the plan is accepted, the Contractor shall implement it in accordance with instructions received from the Project Engineer, or Project Manager.
Under no circumstance shall a suspension absolve the Contractor or the Contractor’s sureties of the duties and responsibilities guaranteed under the Bonds.
The Contractor shall again proceed with the Work when it is ordered to do so in writing by the Project Engineer, or Project Manager.
Upon the resumption of the Work for all suspensions not involving the Contractor’s failure to perform in accord with the Contract Documents, adjustment of Contract Time, if appropriate, will be made in accordance with these General Conditions. Adjustment of the Contract Price, if any, will be within the Owner’s sole discretion and shall not in any
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event, exceed the cost of the extra work resulting from such suspension. Such cost, if any, shall be determined in accordance with these General Conditions.
4.9 SUSPENSION OF WORK FOR OWNER’S CONVENIENCE: Upon decision to suspend the Work or any part of the Work for the Owner’s convenience, the order of suspension will extend the Contract Time for the number of days of such suspension if all Work is suspended. If the suspension applies to only a part of the Work, a time extension will not be authorized until the partial suspension has run and its effect on the entire Contract can be evaluated. In all cases of suspension for the Owner’s convenience, the costs to the Contractor will be determined in accordance with these General Conditions.
Upon order of such suspension, the Contractor shall immediately begin to perform in a manner designed to minimize the costs of protecting the Work and maintaining it in a condition which will permit its resumption for the least possible remobilization cost.
4.10 SUSPENSION OF WORK DUE TO ORDER OF CITY, COUNTY, STATE or FEDERAL COURT OR AGENCY: If the suspension of work is due to an order from a City, County, State or Federal court, the order of suspension will identify the court or agency order which caused the suspension and will extend the Contract by the amount of time specified by the court or agency order. If the order causes suspension for an indefinite period of time and as a result a time extension cannot be established, the order of suspension will also be for an indefinite period of time. If the order is issued because of acts or omissions of the Contractor, the Contractor shall not be entitled to a time extension or payment for any additional costs it incurs.
4.11 SUSPENSION OF WORK RESULTING FROM CONTRACTOR’S FAILURE TO PERFORM: If a suspension order results from the Contractor’s failure to satisfactorily perform any of the provisions of the Contract, including but not limited to faulty workmanship, safety concerns, improper or inadequate manpower, equipment, supplies or supervision, or failure to perform the Work in a timely manner, the order will identify the reason, or reasons, for the order. In this circumstance, no time extension will be authorized for the Contractor and any costs to the Contractor resulting from such suspension order will not be reimbursed by the Owner. A suspension order issued under these circumstances will remain in effect until the Contractor has removed or corrected the grounds for the suspension, if applicable, or the order requiring such suspension expires by its terms.
4.12 CONTRACT TIME: Work shall be fully completed in a satisfactory and acceptable manner by the Completion Date as modified by Change Orders that may extend the project schedule due to excusable delays.
4.12.1 Delays - Delay claims fall into three categories: non-excusable; excusable/non-compensable; and excusable/compensable. Any payment for compensable delays or the granting of time extensions for excusable delays requires a properly executed Change Order. The Contractor agrees that time extensions shall constitute full compensation for any excusable/non-compensable delay, and the Contractor shall make no claim for monetary damages relating to any non-excusable delay or any excusable/non- compensable delay.
4.12.2 Non-Excusable Delay - Non-excusable delay is caused by factors within the Contractor’s reasonable control or by the Contractor’s fault. No additional time or additional compensation is allowed for non- excusable delays. Typical non-excusable delays, without limitation, include: a) Late submittal of Shop Drawings; b) Late procurement of materials or equipment; c) Insufficient personnel; d) Unqualified personnel; e) Inadequate coordination of Subcontractors or other contractors; f) Subcontractor delays; g) Late response to Owner, Project Engineer, or Project Manager, or Inspector inquiries; h) Failure to comply with the requirements of the Contract Documents; i) Construction not conforming to contract requirements making repeated re-working necessary; j) Delays resulting from the Contractor’s failure to take reasonable actions to mitigate or prevent further delays relating to any excusable delay; k) Failure to continue performance during the determination of any Contractor Change Request or claim; and l) Weather delays exceeding the Reasonably Predictable Weather Days identified on the approved Construction Schedule, unless approved as unusually severe weather days.
4.12.3 Excusable Delay
a. Excusable/Non-compensable delay is caused by factors beyond the Contractor’s reasonable control, but is not the result of the Owner’s actions or omissions. An excusable/non-compensable delay entitles the Contractor to an extension of time but no additional compensation for the cost of the delay.
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Typical excusable/non-compensable delays, without limitation, include strikes, lockouts, natural fires not caused by Contractor’s acts or omissions, unusual delay in transportation, unavoidable casualties, legal or administrative proceedings affecting the Work or the Project, and other causes beyond the Contractor’s control.
b. Excusable/Compensable delay is caused by the Owner’s failure to meet an obligation within its control stated or implied in the Contract, but shall not include any action, omission, or exercise of any right under the Contract. If the Project Engineer, or Project Manager, considers a delay as compensable, the Owner will grant a time extension or reimburse the Contractor for the increased total cost of performance caused by the delay, or both, as appropriate. Typical excusable/compensable delays, without limitation, include:
1) Late approval of Shop Drawings and samples; 2) Delays in answers to field inquiries made by the Contractor; 3) Interference with the Contractor during construction: 4) Owner-caused schedule changes; 5) Design changes; or
6) Interference by another contractor’s or the Owner’s personnel.
4.12.4 Weather Delay - In order for a Weather Delay to occur, the total lost weather days must exceed the total number of such days included in the contract time as specified in the Special Provisions for the project. The Weather Delay, if any, shall be the number of days of such excess; provided that no Weather Delay shall have occurred except to the extent that Work which needs to be performed during the period of time affected by adverse weather is actually delayed in a manner that delays the critical path to completion of the Work.
As used herein, a “lost weather day” shall mean a day during which actual adverse weather prevents work on activities that need to be performed on that day in accordance with the Project Schedule for fifty percent (50%) or more of Contractor’s scheduled Work for such day.
Contractor shall report to Owner no later than 10:30 a.m. Mountain Time on each day Contractor claims to be a lost weather day or (ii) if Work on the Project has commenced for such day, within one hour of Contractor’s decision to suspend Work because of such adverse weather. Such report shall state that Contractor considers that a lost weather day is occurring and shall describe the weather conditions experienced and how the weather conditions have affected the Scheduled Work for such day. Unless Contractor gives such timely notice as to any day when work is adversely affected by adverse weather, Contractor shall not be entitled to claim such day as a lost weather day.
4.12.5 Time Adjustments for Weather Delays - The Project Engineer, or Project Manager, in his or her discretion, may deem weather-related delays as excusable/non-compensable if the net number of lost weather days in any month exceeds the number of Reasonably Predictable Weather Days for that month shown on the approved Construction Schedule. The Contractor must submit a weather time impact analysis supporting any request for time extensions due to unusually severe weather. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond the control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Time. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph.
4.13 LIQUIDATED DAMAGES: The Owner may permit the Contractor to proceed if the Contractor fails to advance the Work sufficiently to obtain a Notice of Substantial Completion on or before the Completion Date, as modified by Change Orders providing for additional time due to excusable delays. In such case, the Contractor will pay the sum of liquidated damages stipulated in the Special Conditions for each day that the Work remains uncompleted. This sum shall not be a penalty but is liquidated damages.
The Parties agree that time is of the essence in the performance of this Contract and that actual damages for delay are incapable of calculation. The Parties agree that, under all of the circumstances, the daily basis and the amount set forth as liquidated damages is reasonable and equitable. The Owner expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of the City of Englewood incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms, are impossible to measure. Permitting the Contractor to continue and finish the Work, or any part of it, after the Completion Date shall not operate as a waiver on the part of the Owner of liquidated damages or any of its rights under the Contract.
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The Owner may deduct liquidated damages or any portion thereof due under this article from Final Payment and may sue for and recover such damages from the Contractor and the Surety. The Owner and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the Owner the amount specified in the table below for each day that expires after the time specified for substantial completion until the Work is complete, and for each day that expires after the time specified for final completion until the Work is finally complete.
Original Contract Amount Amount of Liquidated Damages Per Day
Less than $150,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00 $150,000 and less than $500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.00 $500,000 and less than $1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,600.00 $1,000,000 and less than $2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,300.00 $2,000,000 and less than $4,000,000 .............................................................................................................. $4,100.00 $4,000,000 and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,800.00
In addition to liquidated damages, inspections required after the Contractual "Time of Completion" shall be charged to the Contractor at the rate of $50.00 per hour.
The Owner shall recover said inspection charges and liquidated damages by deducting the amount thereof out of any moneys which may be due or may become due to the Contractor, and/or by an action at law against the Contractor or his Surety. It is understood and agreed that aside from any other penalty or damage, all costs of the Project Engineer, or Project Manager, and inspection on behalf of the Owner may be charged to the Contractor and be deducted from any estimate or payment otherwise due and payable to him
4.14 ADJUSTMENT FOR SUSPENDED WORK: In the event the Contractor is ordered by the Owner, in writing, to suspend Work for some unforeseen cause not provided for in the Contract, and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the job during the period of shutdown. No allowance will be made for lost profits. The period of shutdown shall be computed from the date set out in the written order for Work to cease until the date of the order for Work to resume. Claims for such compensation shall be filed with the Owner within 10 days after date of order to resume Work or such claims will not be considered. The Contractor shall submit with his claim, substantiating papers covering the entire amount shown on the claim. The Owner shall take the claim under consideration, and may make such investigations as are deemed necessary, and shall be the sole judge as to the equitability of such claim and such decision shall be final.
Notwithstanding any provisions of this Contract to the contrary, no provision of this section shall be construed as entitling the Contractor to compensation for delays due to inclement weather, delays due to failure of Surety, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract Documents, Specifications, Special Provisions, Proposal, Contract, Change Order, Field Order or Supplemental Agreement.
4.15 TERMINATION OF CONTRACT: The Contract may be terminated by theOwner for cause or convenience.
Notwithstanding the below, the Contractor shall not be relieved of the liability to the Owner for damages sustained by the Owner by virtue of breach of the award by the Contractor and the Owner may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the Owner from the Contractor is determined.
Owner reserves the right to take possession of any machinery, implements, tools, or materials of any description that shall be found upon the Work, to account for said equipment and materials, and to use the same to complete the Project. When the Work is thus finally completed, the total cost of the same will be computed. If the total cost is more than the Contract price, the difference shall be paid to the Owner either by the Contractor or his Surety. If the total cost is less than the Contract price, the difference will be paid by theOwner to the Contractor or his Surety. In case of termination all expenses incident to ascertaining and collecting losses under the bond, including Project Engineer, or Project Manager, and legal services, shall be assessed against the bond.
4.16 TERMINATION FOR CAUSE: The Owner may terminate the Contract for cause due to the actions or inactions of the Contractor. Cause includes, without limitation:
a) If the Work to be performed under the Contract is assigned by the Contractor without written permission of the Owner;
b) Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
c) Contractor's repeated disregard of the authority of the Project Engineer; ; d) If a general assignment of the Contractor’s assets is to be made for the benefit of its creditors;
e) If a receiver is appointed for the Contractor or any of its property;
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f) Substantial evidence of collusion for the purpose of illegally procuring a Contract or perpetrating fraud on the Owner in the construction of the Work under the Contract; g) If the Contractor has materially breached any of the conditions, provisions or covenants of the Contract; h) Failure of the Contractor to promptly repair, replace or remove any defects in materials or Work or any defects in materials or Work of any other nature, the correction of which has been directed in writing by the Project Engineer, or Project Manager; i) If, at any time, the performance of the Work under the Contract is being unnecessarily delayed or if the Contractor is willfully or deliberately violating any of the conditions, provisions, or covenants of the Contract Documents, or if the Contractor is executing the same in bad faith or otherwise not in accordance with terms of the Contract; j) Evidence that the progress being made by the Contractor is insufficient to complete the Work within the specified time; k) Failure of the Contractor to start the Work on the date given in the Notice to Proceed; l) If the Work or any part of the Work is not fully completed within the time or times named for its completion or within the time to which such completion date or dates have been extended; m) If the Contractor abandons the Work by failing to be at work site for two consecutive days, and performing work, on days upon which the schedule anticipates work to be performed; n) If the Contractor fails to maintain the required Bonds, licenses, permits, or insurance; o) Bankruptcy or insolvency of the Contractor, or if the Contractor shall allow any final judgment to stand against him unsatisfied for a period of ten (10) days or shall make an assignment for the benefit of creditors. p) If the Contractor or any of its officers or employees are convicted, plead nolo contendere, enter into a formal agreement in which they admit guilt, enter a plea of guilty, or otherwise admit culpability to criminal offenses of bribery, kickbacks, collusive proposing, bid-rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature, in connection with Contractor’s business; or q) If other just cause exists.
4.16.1 Written Notice - The Owner will send written notice to the Contractor and the Surety of the Owner’s intent to terminate for cause and will give the Contractor and Surety ten (10) days from the date the notice was sent to cure the default, if such default is subject to cure, or provide to the Owner in writing, a detailed plan of how it will remove the causes for termination, except that, if the Completion Date is less than ten (10) days away, the notice may specify less than ten (10) days. If the Contractor or Surety does not submit such plan within the time established, or if, in the judgment of the Owner, such plan will not ensure the satisfactory performance of the Work, the Owner may declare the Contract terminated on the effective date specified in the notice or any other date thereafter.
4.16.2 Discontinue Work - In the event of termination for cause, the Owner shall notify the Contractor to discontinue all Work under the Contract and the Contractor shall immediately respect such notice, stop all Work and cease to have any right to possession of the Work site.
4.16.3 Contract Forfeiture - In addition, the Contractor shall forfeit its Contract as of the specified effective date of termination.
4.16.4 Possession of Materials and Equipment - Upon such termination for cause, the Owner may take possession of all materials, equipment, tools, and temporary material manufacturing plants as may be on the site of the Work or necessary for completion of the Work and take over the Work and prosecute the same to completion, by Contract or otherwise, for the account and at the expense of the Contractor.
4.16.5 Cost Liability - If Owner proceeds as provided in Paragraph 4.16, Contractor shall not be entitled to
receive any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor.
If such claims, costs, losses, and damages exceed such unpaid balance, Contractor (and/or its surety) shall
pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed
by the Project Engineer as to their reasonableness and, when so approved by the Project Engineer,
incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall
not be required to obtain the lowest price for the Work performed.
4.17 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of Work under the Contract in whole or in part may be terminated without cause by the Owner whenever the Owner, in its sole discretion, shall determine
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that such termination is in the best interest and convenience of the Owner or whenever the Owner is prohibited from completing the Work for any reason. Such termination shall be effected by giving not less than three (3) days’ written notice to the Contractor specifying the extent to which performance of the Work is terminated and the date upon which such termination becomes effective.
4.17.1 Contractor Responsibilities - Upon receipt of such notice of termination, the Contractor shall:
a) Stop work under the Contract on the date and to the extent specified in the Notice of Termination; b) Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; c) Terminate all orders and subcontracts except as necessary to complete Work which is not terminated; d) If directed in writing by the Owner to do so, assign all right, title, and interest in subcontracts and materials in progress, in which case the Owner will have the right, in its discretion, to settle or pay any or all Claims arising out of the termination of such subcontracts; e) Transfer title and deliver to the Owner in the manner, at the times, and to the extent, if any directed by it, (a) the fabricated or un-fabricated parts, Work in process, completed Work, supplies and other material procured as a part of, or acquired in connection with the performance of, the Work terminated by the Notice of Termination, and (b) the completed or partially completed Plans, drawings, information, and other property, which, if the Contract had been completed, would have been required to be furnished to the Owner; f) Settle outstanding liabilities and claims with the approval of the Owner; g) Complete performance of such part of the Work not terminated; and h) Take such other actions as may be necessary, or as may be directed by the Owner, for the protection and preservation of the property related to the Contract.
4.17.2 Payment for Work Performed - With respect to Contract Work performed prior to the effective date of the Notice of Termination, the total (without duplication of any items) of:
a) The cost of such Work; b) The cost of settling and paying claims arising out of the termination of Work under subcontracts or orders as provided in subparagraph (d) above, exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the Subcontractor prior to the effective date of the Notice of Termination of Work under the Contract, which amounts shall be included in the cost on account of which payment is made under (a) above; c) A sum, as profit on the cost of such Work, determined by the Owner to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed under this subparagraph and an appropriate adjustment shall be made by reducing the amount of the settlement to reflect the indicated rate of loss; d) The reasonable cost of the preservation and protection of property incurred pursuant to subparagraph (h) and any other reasonable cost incidental to termination of Work under this Contract, including expense incidental to the determination of the amount due to the Contractor as the result of the termination of Work under this Contract.
4.17.3 Remaining Inventory - Except as provided herein, any inventory paid for by the Owner but remaining upon the termination of the Contract may, with written approval of the Owner, be sold or acquired by the Contractor under the conditions prescribed by and at prices approved by the Owner.
4.17.4 Request for Final Payment - Upon receipt of notice of such termination, the Contractor shall submit to the Project Engineer, or Project Manager, a request for final payment, in a form and with certification prescribed by the Owner. Such request shall be submitted promptly but in no event later than sixty (60) days from the effective date of termination, unless extended in writing by the Project Engineer, or Project Manager, upon the written request of the Contractor within such sixty (60) day period, or such earlier date as is provided by law.
4.17.5 Profit - Subject to the provisions contained herein, the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of Work pursuant to this Section, which amount or amounts may include an allowance for profit on Work done; provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of Work terminated. The Contract will be amended accordingly, and the Contractor will be paid the agreed amount.
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4.17.6 Calculation of Final Payment - The final payment to the Contractor after a termination for convenience shall be calculated as follows:
a) From the Contract Price, subtract the following:
1) The total amount paid to the Contractor to date; 2) The value of the Work completed since the last approved pay application; 3) The total amount of retainage withheld by the Owner to date; 4) The agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired or sold by the Contractor or sold pursuant to these General Conditions and not otherwise recovered by or credited to the Owner; 5) The total of all claims the Owner may have against the Contractor; and
6) Any outstanding claims pursuant to C.R.S. § 38-26-107, as amended or superseded.
b) Multiply the number resulting by 0.05. The number resulting is the full and complete compensation for anticipated profits
c) Add the following to the total resulting from the prior step:
1) Any actual costs incurred by the Contractor for restocking charges; 2) The agreed upon price of protecting the Work in the manner, if any, directed by the Owner; 3) The amount of retainage withheld by the Owner to date; and
4) The value of the Work completed since the last approved pay application.
The sum calculated under this article, when paid to the Contractor, shall constitute full and final settlement of the Contract Price.
4.17.7 Defective Work - The settlement for the Work performed shall not relieve the Contractor, or its surety, from responsibility for defective Work and/or materials on the completed portion of the Work nor for labor and materials or any other items as guaranteed by the Bonds.
4.17.8 Owner Access - Unless otherwise provided for in this Contract, or by applicable statute, the Contractor, from the effective date of termination and for a period of three years after final settlement under this Contract, shall preserve and make available to the Owner at all reasonable times at the office of the Contractor, but without direct charge to the Owner, all books, records, documents and other evidence bearing on the costs and expenses of the Contractor under this Contract and related to the expenses of the Contractor under this Contract and related to the Work terminated hereunder, or to the extent approved by the Owner, photographs, micro-photographs, or other authentic reproductions thereof.
4.17.9 Right to File Claim - If the Parties fail to agree in whole or in part on the amount or amounts to be paid to the Contractor in connection with the termination of work pursuant to this article, the Contractor may submit a claim as provided in these General Conditions, except that, if the Contractor has failed to submit its request for payment within the time provided above and has failed to request an extension of such time, it shall have no such right.
4.17.10 Total Sum to be Paid - The total sum to be paid to the Contractor under subparagraph (a) above will not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of Work terminated.
4.17.11 Deduction for Claims - In arriving at the amount due the Contractor under this Section, there will be deducted (i) any claim which the Owner may have against the Contractor in connection with this Contract, (ii) the agreed price for, or the proceeds of sale, of materials, supplies or other things acquired by the Contractor or sold, pursuant to the provisions of this Section and not otherwise recovered by or credited to the Owner and (iii) the full amount of any statutory or other claim against the Contractor filed with the Owner.
4.17.12 Subcontractors - The Contractor shall insert in all subcontracts that the Subcontractor shall stop Work on the date of and to the extent specified in a Notice of Termination from the Owner and shall require that any tier subcontractors insert the same provision in any tier subcontracts.
4.18 COOPERATION WITH OTHER CONTRACTORS: In connection with the improvements under this Contract, the right is reserved by the Owner to award any Work not included in the Contract to another Contractor for performance during the progress of the Work, or to perform such Work with the Owner's forces, and the Contractor under this Contract shall cooperate and so conduct his operation as to minimize the interference therewith, as directed by the Project Engineer, or Project Manager.
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4.19 TERMINATING OF CONTRACTOR'S RESPONSIBILITY: This Contract will be considered complete when all Work and final cleanup has been finished, the Work accepted by the Owner, and all claims for payment of labor, materials, or services of any kind used in connection with the Work have been settled for by the Contractor or his Surety. The Contractor will then be released from further obligation except as set forth in the Surety Bond and for his responsibility for injury to persons or property arising from his duties and obligations under Section 7. The Surety Bond executed for performance of this Contract shall be in full effect for a period of one year following acceptance of the Work, except that with regard to the representation regarding copyright infringement found in Article 18, the Surety shall remain in effect for three years and with regard to the representation regarding patent infringement found in Article 18, the Surety shall remain in effect for six years. Neither the final payment nor any provision in the Contract documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship. The Contractor shall warrant his work to be free from faulty materials or workmanship for the period of one year after final payment and upon written notice he shall remove any defect due thereto and pay for any damage due to other Work resulting there from which shall appear within the one-year period. Remedied Work shall carry the same warranty as the original Work starting with the date of acceptance of the replacement or repair. Payment to the Contractor will not relieve him of any obligation under this Contract.
Article 5. PROJECT AND CONSTRUCTION MANAGEMENT
5.1 AUTHORITY OF PROJECT ENGINEER, OR PROJECT MANAGER: The Project Engineer, or Project Manager, shall decide any and all questions which may arise as to the quality and acceptability of the materials furnished, the Work performed, the manner of performance and the rate of progress of the Work. He/She shall decide all questions which may arise as to the interpretation of the Plans and Specifications, all questions as to acceptable fulfillment of the Contract, all disputes and mutual rights by the Contractors if there is more than one Contractor on the Work, and all questions as to compensation. The decision of the Project Engineer, or Project Manager, shall be final. He/She shall have executive authority to make effective such decisions and to enforce the Contractor to carry out all orders promptly.
The Project Engineer, or Project Manager, shall be the primary interpreter of the meaning and intent of the Construction Documents and shall be, in the first instance, the judge of the performance of the Contract. The Project Engineer, or Project Manager, will visit the site at appropriate intervals to become familiar with its progress and quality and to determine in general if the Work is being performed in such a manner that it will, when fully completed, be in accordance with the Contract Documents.
The Project Engineer, or Project Manager, shall, in a timely manner, evaluate and issue written determinations resolving any claims or disputes submitted to the Project Engineer, or Project Manager, for review under the Contract. Interpretations and decisions of the Project Engineer, or Project Manager, will be consistent with the intent of, and reasonably inferable from, the Contract Documents. The Project Engineer, or Project Manager’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. In exercising its authority to make such determinations, the Project Engineer, or Project Manager, shall exercise independent professional judgment based on the Contract Documents and shall not favor Contractor or Owner. All such determinations shall be subject to judicial review, provided, however, that any matters designated as Disputes under the Contract shall be submitted to Dispute Resolution in accordance with the Contract before being made the subject of litigation unless the Contract specifically provides otherwise.
5.2 COMMUNICATIONS: Contractor shall furnish both Owner and Project Engineer copies of all notices Contractor gives to either the Project Engineer, Project Manager, or Owner under the Contract relating to Applications for Payment, Change Directives, Proposed Changes, Change Orders, Progress Payments, or claims for adjustment in the Contract Sum, Required Substantial Completion Date or Required Final Completion Date. Such duplicate notice shall also be given as to other matters requested in writing by Owner or Project Engineer, or Project Manager.
5.3 SUPERVISION: The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall be responsible to see that the completed work complies with the Contract Documents.
The Contractor shall designate and keep on the Work at all times during its progress a competent Superintendent who shall not be replaced without prior written notice to the Owner and Project Engineer. The Superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the Superintendent shall be as binding as if given to the Contractor. During periods when the Work is suspended, the Contractor shall make appropriate arrangements for any emergency work which may be required.
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Whenever the Superintendent is not present on any particular part of the Work where the Project Engineer, or Project Manager, may desire to inform the Contractor relative to interpretation of the Plans and Specifications or to disapproval or rejection of materials or Work performed, the Project Engineer, or Project Manager, may so inform the foreman or other worker in charge of the particular part of the Work in reference to which the information is given. Information so given shall be as binding as if given to the Superintendent.
The Contractor will be supplied with four (4) copies of the Plans, and three (3) copies of the Specifications and Special Provisions. He shall have available at the job site, at all times, one copy each of said Plans, Specifications and Special Provisions, exclusive of the set designated for As-Built Drawings. Additional copies of Plans, Specifications and Special Provisions can be obtained by the Contractor for the cost of reproduction.
5.4 CONTRACTOR PERFORMANCE: The Contractor will perform the Work or cause the Work to be performed in a manner that is in compliance with the requirements of the Contract Documents. The Contractor shall perform the Work exactly as specified by the Contract Documents.
Unless otherwise provided in the Contract Documents, for the Unit Prices, the Contractor shall provide and pay for all labor, materials, equipment, tools, supplies, construction equipment and machinery, water, heat, electricity, energy, utilities, transportation, any temporary construction easements not provided by the Owner, apparatus, permits, superintendence, maintenance, dismantling, removal, and other facilities and services, necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated into the Work.
The Contractor shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures unless otherwise specified in the Contract Documents.
There is a need for 24-hour access to the Contractor’s Superintendent in case of emergency. The contractor shall supply the Project Engineer, or Project Manager, with a contact telephone number through which the Superintendent may be reached at any time.
When the work includes adjusting valve boxes, meter pits, manholes, pavement markings and/or striping, etc., the Contractor shall complete this work within ten (10) days of placing the final lift of asphalt.
5.5 WORK PERFORMED UNDER ADVERSE WEATHER CONDITIONS: Adverse weather conditions are those that can, depending on the Work to be performed, cause defective Work. Examples include: high or low temperatures, excessive moisture, unusual drying conditions, or high winds.
Construction methods and practices that have been or may be developed for Work performed under such circumstances may only be used after the Project Engineer, or Project Manager, has approved the concept of such method or practice.
If the Contractor does attempt Work during periods of adverse weather conditions without the Project Engineer’s, or Project Manager’s, approval, that Work shall be at the Contractor’s sole risk.
5.6 USE OF MATERIALS FOUND ON THE WORK SITE: The Contractor, with the approval of the Project Engineer, or Project Manager, may use in the proposed construction, any stone, sand, or gravel found on the site. The Contractor will not be paid for such excavation unless specifically stated in the Proposal, and he shall replace with other suitable material, without compensation, all of that portion of the material so removed. If it was intended that any or all of the material so excavated and used was to have been wasted, then the Contractor will not be required to replace it.
The Contractor shall not excavate any material from the site which is not within the excavation as indicated by the slope and grade lines, without being authorized in writing by the Project Engineer, or Project Manager.
5.7 FINAL CLEANING UP: During the Project's final cleanup, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The streets and adjacent properties in the Project shall be repaired to as good or better condition than existed prior to construction. This shall include removal of all dirt or mud from streets and lawns. No extra payment shall be made for these items. The Contractor shall leave the Project in a neat and presentable condition. (See Article 17, below).
5.8 SURVEYS: The Contractor shall develop and arrange for all engineering surveys necessary, in the Owner’s judgment, to establish reference points for the construction of the Work. The Contractor assumes full responsibility for construction according to the established lines and grades. If the Contractor proceeds with the Work without having lines and grades set, the Contractor will not be relieved of strict compliance with the Contract Documents.
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The Contractor shall carefully protect all monuments and property markers from disturbance or damage. The Contractor, at its expense, will replace any monuments or benchmarks destroyed by the Contractor using a professional land surveyor licensed in the State of Colorado.
Unless otherwise stated in the Specifications or the Special Conditions, the Owner will provide all reference points shown on the Contract Drawings by coordinates and/or elevation. The Contractor must accurately transfer the survey control information to the points of application to ensure that all elements of the Work are correctly located.
Requests by the Contractor to relocate survey reference points must be made ninety-six (96) hours prior to the time when the point will be disturbed in order to permit the Owner to accomplish such surveys on normal working days.
Any Work that the Contractor begins before confirming the reference points provided may be rejected.
Should the original reference points that the Owner provided be obliterated or dislodged by operations that the Contractor controls, the Owner will replace them and charge the Contractor for the resurvey.
5.9 LINES AND GRADES: Contractor shall survey and stake and shall be responsible for laying out the work. The Contractor shall preserve all stakes, bench marks, and any other survey points and shall pay for the replacement, in accordance with state law, of any stakes, benchmarks, or other survey points destroyed by the Contractor or any Subcontractor.
5.10 VALUE ENGINEERING: Value engineering is the independent review of a project during the planning and design phases to reduce costs, save time, improve operations, reduce environmental and other impacts, improve safety, and improve value and quality. Proposed changes in materials or methods used must be approved by the Project Engineer, or Project Manager, and any agency having jurisdiction over the affected work before such work is attempted. The Contractor shall be paid fifty percent (50%) of all identifiable cost savings resulting from said value engineering approved and accepted. A Change Order must be issued to effect such a value engineering task.
5.11 SANITARY REGULATIONS: The Contractor is responsible for providing proper health and sanitation facilities for its employees, in compliance with any rules and regulations of the Colorado Department of Public Health and Environment or any other agencies having jurisdiction. The Contractor shall provide and maintain in a neat, sanitary condition, such accommodations for the use of employees as may be necessary to comply with the requirements and regulations of the State Department of Health and the Occupational Safety and Health Administration (OSHA). As stated in OSHA Construction Standard 1926.51 C, the Contractor shall supply temporary sanitary facilities as per the following table:
Number of Employees Minimum Toilet Facilities 20 or less 1 Toilet 21 to 50 1 Toilet and 1 Urinal
51 or more 1 Toilet and 1 Urinal for each 50 Employees
This requirement to provide sanitary facilities will not be measured and paid for separately but shall be considered incidental to and included in the cost of the Work.
At convenient places, the Contractor shall provide fly-proof outside toilets which are to be maintained in a sanitary condition. Toilets shall not be permitted in any reservoir area and shall not be permitted where they may pollute a water supply.
The Contractor shall always provide an abundant supply of safe drinking water for Contractor’s employees and shall give orders against the drinking of any water known to be unsafe in the vicinity of the Project.
The Contractor shall provide and empty daily a thirty (30) gallon or larger trash can near each toilet.
5.12 STAGING AND STORAGE: With the approval of the Project Engineer, or Project Manager, the Contractor may obtain sites of his/her choosing for equipment storage and/or materials stockpiling. The Contractor shall not occupy storage sites without prior written approval by the Project Engineer, or Project Manager. A list of such sites showing the proposed truck route for ingress and egress for each site shall be submitted to the Project Engineer, or Project Manager, for approval at least five (5) days prior to intended use.
For all sites approved and used, Contractor shall be responsible for the following: a) Obtaining prior written permission of the owner. A copy of this permission shall be provided to the Owner; b) Keeping stockpiles and equipment confined within the approved area and in accordance with applicable erosion control requirements; c) Providing security for materials and equipment at the site;
d) Providing for public safety at the site;
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e) Keeping access roads clean and in good condition and in accordance to the Owner’s Erosion Control requirements; and f) At Contractor’s sole cost expense, restoring the site to its original or better condition at the completion of the Work.
5.13 SALVAGE: Items removed by Contractor shall become the property of Contractor unless other disposition or repositioning is required by the Contract Documents or needed for the Work. The Contractor may reuse such items elsewhere, sell such items with proceeds of said sale becoming the property of Contractor or otherwise dispose of such items from the site. Items removed by the Contractor that do not have any salvage value are to be disposed of by Contractor at an approved waste disposal site at the Contractor’s expense, except for any items that the Owner will take for recycling.
5.14 MATERIALS AND EQUIPMENT FURNISHED BY THE CONTRACTOR: Unless otherwise provided for in the Specifications, all workmanship, equipment, materials, and articles incorporated in the Project are to be new, suitable for the purpose used, of good quality, free from faults and defects and in conformance with the Contract Documents.
The Contractor further warrants that it has full title to all parts, materials, components, equipment, and other items conveyed to the Owner under the terms of the Contract, that its transfer of such title to the Owner is rightful and that all such parts, materials, components, equipment, and other items shall be transferred free and clear from all security interests, liens, claims, or encumbrances whatsoever. Materials, supplies, and equipment to be incorporated into the Project shall not be purchased by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by the seller. The Contractor agrees to warrant and defend such title against all persons claiming the whole or any part thereof, at no cost to the Owner.
The Contractor shall furnish the Owner, for the Project Engineer, or Project Manager’s approval, the name of the manufacturer of machinery and other equipment for materials the Contractor contemplates incorporating in the Project. The Contractor shall also furnish information on capacities, efficiencies, sizes, etc., and other information as may be required by the Project Engineer, or Project Manager. All items shall be labeled to indicate the Contract and Project name, Contractor, source of supply, and manufacturer and shall be submitted in sufficient time to permit proper consideration by the Project Engineer, or Project Manager, without impacting the Construction Schedule.
The Contractor shall have available for use when needed all necessary construction machinery and equipment. Such machinery and equipment shall comply with all applicable federal, state and local safety requirements and be in good working condition, adequate for the task, and in the numbers needed to maintain a rate of progress sufficient to complete the Work within the Contract Time and milestones. Whenever an operation is undertaken which must be accomplished without any slowdown or stoppage, or to avoid an inferior product, the Contractor shall provide standby equipment capability so that an equipment breakdown does not disrupt that activity.
The Contractor shall give the Project Engineer, or Project Manager, three (3) copies of all shop manuals, operating manuals, parts lists, classifications, catalog cuts, specifications, warranties and guarantees for all equipment and machinery installed.
Consideration of a product as an “equal” or “superior” by the Project Engineer, or Project Manager, may require that the manufacturer of such product furnish guarantees that extend beyond the usual product warranty time. The refusal of a manufacturer to provide such guarantees is sufficient reason for rejecting the product.
The Contractor shall not incorporate any materials into the Project or cover any part of the Work until it has been inspected and approved according to the Contract Documents. Machinery, equipment, materials, and articles installed or used without the Project Engineer, or Project Manager’s approval are at the risk of subsequent rejection.
The Contractor shall be responsible for materials delivered and Work performed until completion and final acceptance of the entire construction thereof.
The Contractor shall bear the risk of injury, loss or damage to any and all parts of the Work for whatever cause, whether arising from the execution or from the non-execution of Work. The Contractor shall rebuild, repair or restore Work and materials which have been damaged or destroyed from any causes before completion and acceptance of the Work and shall bear the expense thereof. The Contractor shall provide security and drainage and erect temporary structures as necessary to protect the Work and materials from damage.
The Contractor shall be responsible for materials not delivered to the site for which any progress payment has been made to the same extent as if the materials were so delivered.
5.15 SUBSTITUTION OF MATERIALS AND EQUIPMENT: After the award of the Contract, the Contractor may ask for substitution of specified material or equipment with equal or equivalent, or superior items only under the
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following circumstances: (i) The Contractor provides evidence to the Project Engineer, or Project Manager, that, in the Project Engineer, or Project Manager’s sole opinion, establishes that an item of specified material is not available; (ii) the Contractor provides evidence to the Project Engineer, or Project Manager, that, in the Project Engineer, or Project Manager’s sole opinion, establishes that the specified item will have an unreasonable delivery time due to no fault of the Contractor; or (iii) acceptance of such substitution would result in a significant saving to the Owner without materially impairing the quality or performance of the Work. If any of these circumstances exist, the Contractor shall request approval for a substitution at least thirty (30) days before the material or equipment must be ordered.
All requests for substitutions shall be made in writing as part of a submittal. The request shall describe all features of the requested substitution including any tie-in with other elements of the Work, including utilities and controls along with the size and capacity of substitute materials or equipment. The request must be submitted on a form provided by or otherwise acceptable to the Project Engineer, or Project Manager, and shall list all differences from the product described in the Specifications, include the price of the specified item and the requested substitution, and describe any advantages or disadvantages of the proposed substitution. The Contractor shall be responsible for any effect upon related Work in the Project of any substitution and shall pay any additional cost resulting from or relating to any substitution.
If the “equal or equivalent” material or equipment costs less than that specified, the Contractor shall so state in its request for substitution and, if the Owner accepts the proposed substitution, it may issue a Change Order to reduce the Contract Price by the amount of the direct cost savings without markup to the Contractor.
If the equal or equivalent material or equipment is accepted for unavailability or unreasonable delivery time due to no fault of the Contractor, the Owner may, if appropriate, issue a Change Order to increase the Contract Price by the resulting actual, direct cost increase, if any, to the Contractor, without markup.
5.16 CUTTING AND PATCHING: The Contractor shall be responsible for all cutting, fitting, or patching that may be required to complete the Work, to make its several parts fit together properly or to tie the Work into other work that is shown in the Contract Documents.
The Contractor shall organize and plan the Work to reduce to a minimum the need for cutting or otherwise modifying or removing load-bearing structural elements to accommodate the installation of other elements of the Work. If two or more contractors are doing work in the same place, the Contractor shall be responsible for the coordination effort needed to avoid or to reduce the amount of cutting, modifying or removing of structural elements to accomplish such work. However, if modification or removal of structural elements is required because the Work could not be organized and planned to avoid that need, the Contractor shall inform the Project Engineer, or Project Manager, of the need so that the consequences of such modification or removal of structural elements can be assessed. No structural element shall be cut, drilled, bored or otherwise modified unless cutting, drilling, boring or other modification is indicated in the Contract Documents.
If the Contractor needs to modify a structural element from its original design, the Contractor must submit to the Project Engineer, or Project Manager, a request to make the modification. The request must provide complete details including all necessary calculations performed by a professional engineer licensed in the State of Colorado to show that the structural elements can still function as originally designed. The request must be accepted by the Project Engineer, or Project Manager, before any modification is made.
The Contractor shall be responsible for all repair, replacement, and patching that is necessary to restore the Work, other property, or work of others damaged by the Contractor or Subcontractor.
5.17 SAMPLES AND TESTING: All materials and equipment used in the Project will be subject to sampling and testing by an independent testing company acceptable to the Owner according to generally accepted standards and as required in the Contract Documents. In the absence of direct references, the sampling and testing of materials will be done according to current specifications of the ASTM or the AWWA.
The Contractor shall furnish all samples without charge. The Contractor will cooperate with the Project Engineer, or Project Manager, in collecting, handling, storing, and forwarding required samples including the furnishing of manpower and equipment when necessary. The Contractor will pay the cost of the initial test except when the Contract states otherwise. The Contractor will pay the costs for repeated tests due to failure of the initial test. The costs of any testing and retesting may be deducted from any payment due to the Contractor under the Contract.
The Contractor will provide the Project Engineer, or Project Manager, at least twenty-four (24) hours prior notice for any inspection involving testing or sampling.
The Contractor shall be responsible for testing of concrete and soils and, unless otherwise specified, the Contractor shall perform testing of all other materials and equipment. The Contractor shall provide the Project Engineer, or
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Project Manager, with satisfactory proof of compliance with the requirements of the Contract Documents of any materials or equipment tested. Satisfactory proof of compliance shall be submitted in one or more of the following ways:
a) Manufacturer’s Certificate of Compliance. For standard labeled stock products of standard manufacture that have a record of satisfactory performance in similar work over a period of not less than two (2) years, the Project Engineer, or Project Manager, may accept a notarized statement from the manufacturer certifying that the product conforms to the applicable specifications. b) Mill Certificates. For materials where such practice is the usual standard, the Project Engineer, or Project Manager, may accept the manufacturer’s certified mill and laboratory certificate. c) Testing Laboratory Certificates. The Project Engineer, or Project Manager, may accept a certificate from an independent commercial testing laboratory satisfactory certifying that the product has been tested within a period acceptable to the Project Engineer, or Project Manager, and that it conforms to the requirements of the Plans and Specifications. d) Report of Actual Laboratory Test. The Project Engineer, or Project Manager, may require that Contractor make actual tests of any product and submit a report of the specified test. Such test shall be made by a commercial testing laboratory satisfactory to the Project Engineer, or Project Manager, at the Contractor’s sole expense.
5.18 PROPERTY RIGHTS IN MATERIALS: The Contractor shall have no property right in materials after they have been attached, affixed or incorporated in the Work or the soil, or after payment has been made by the Owner to the Contractor for materials delivered to the site of the Work or stored subject to or under the control of Owner.
Article 6. CHANGES IN THE WORK
6.1 CHANGES AND INCREASED OR DECREASED QUANTITIES OFWORK
6.1.1 General - The Contractor shall perform the Work, as changed by any Change Order, as if originally specified. All changes shall be accomplished by either a written Change Order or a written Field Order issued in accordance with these General Conditions. If a Field Order is used, a Change Order will be executed when the terms of the change are agreed upon.
Changes to the Contract Price and Contract Time are authorized only by Change Orders approved in conformance with the Owner’s adopted purchasing policies.
Without invalidating the Contract, the Project Engineer, or Project Manager, and/or Owner reserves and shall have the right, without notice to any Sureties, by written Change Order, to make any changes, from time to time, to the character and quantity of the Work, including but not limited to, the Drawings, Specifications, Plans or Addenda, as may be considered necessary or desirable to complete fullyand acceptably the proposed Contract in a satisfactory manner. Such Change Order shall set forth with specificity the changed Work to be done and shall set forth any changes or extensions to the time of completion.
The total of all such Change Orders associated with a project shall not, whether for additional work or items for use upon/within the project, increase the total cost of the Contract, based on the original estimate of quantities and unit prices contained in the Proposal, by more than 10%. Contractor shall be entitled to the cost of said increased units at theoriginal Proposal price, but not to an adjustment of unit price.
In the event the total cost of all such Change Orders associated with a project increases the total cost of the Contract by more than 10%, an equitable adjustment will be made and the Contract modified accordingly by a written Supplemental Agreement, provided, however, that except for claims based on errors in the Contract, no claim for change hereunder will be allowed for costs incurred more than 20 days before the Contractor gives written notice as herein required; and in the case of errors in the Contract for which the Owner is responsible, the adjustment will be increased costs, reasonably incurred by the Contractor in attempting to comply with such errors in the Contract
Any plan of action, method of work, or construction procedure suggested orally or in writing to the Contractor by any employee, agent or representative of the Owner, which is not set out in approved Change Orders or Field Orders issued in accordance with the Contract Documents, if adopted or followed by the Contractor in whole or in part, shall be performed at the Contractor’s sole risk and responsibility.
No change order, or other form of order or directive by the Owner’s representative which requires additional compensable work to be performed, and which work causes the aggregate amount payable under this contract to exceed the amount appropriated for the original contract, shall be executed, or shall work be performed by the contractor, unless the Owner first gives written notice to the Contractor that lawful appropriations to cover the costs of such additional work have been made or unless such work is covered
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under a remedy-granting provision of this contract. For purposes of thisparagraph,"remedy-granting provision" shall be defined as set forth in 24-91-103.6(4), C.R.S.
The Contractor shall not start Work on any alteration requiring a Supplemental Agreement until the Agreement setting forth the adjusted prices has been executed by the Owner and the Contractor. All changes or approvals for increasing the Work as required and authorized herein, shall be in written form and approved and signed by the Project Engineer, or Project Manager, prior to the Work being done. All such writings and approvals shall be specific as to the nature of the Work and the quantities involved. Any Work performed without prior written approval of the Project Engineer, or Project Manager, shall not be binding on the Owner.
The Contractor may not treat any order, statement or conduct of the Project Engineer, or Project Manager, as a change under this article nor become entitled to an equitable adjustment in the Contract Price or Contract Time except as provided in this article.
Claims for changes in the Contract Price or Contract Time of Performance will not be considered after the Final Payment has been made.
Change Orders involving an increase in the Contract Price must be authorized in accordance with the City’s adopted purchasing policy, a copy of which is available upon request. Such purchasing policy provides that the total of all such Change Orders associated with a project that increases the total cost of the Contract by more than 10% must be approved by a supplemental agreement.
6.1.2 Owner Change Request - The Owner may, without notification to any Surety, require the Contractor to perform additive or deductive changes to the Work within the general scope of the Project without invalidating the Contract or any Bond.
When the Owner desires to initiate a change, the Project Engineer, or Project Manager, will issue a change request informing the Contractor of the proposed change in the Work, and requesting the Contractor’s detailed price proposal for such change. The Contractor, at no expense to the Owner and within the time period specified in the Change Request, shall provide the Project Engineer, or Project Manager, with a complete and itemized proposal for the change in the Work, which shall include the estimated increase or decrease in the Contract Price or Contract Time. Such increase or decrease shall be based on the criteria and methods described in these General Conditions. The Contractor shall be responsible for any delays in the Work and any additional costs to the Owner caused by the Contractor’s failure to submit a complete price proposal within the time provided. The Contractor shall participate with the Owner in prompt joint analysis and negotiations to finalize a Change Order. The issuance of a Change Request by the Owner is not a prerequisite to the issuance of a Field Order.
6.1.3 Field Orders - The Project Engineer, or Project Manager, may make changes in the details of the Project at any time, by issuing a Field Order. Upon receipt of a Field Order, the Contractor shall promptly sign the Field Order and return it to the Project Engineer, or Project Manager, and shall promptly proceed with performing the change in the Work. The Field Order shall not involve an increase or decrease in the Contract amount and not involve a change inthetime for completion.
A Field Order may be used when:
a) The Owner determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other work, or to avoid or correct a situation where the health or safety of persons may be affected, and sufficient time is not available to negotiate a Change Order; or b) The Owner and Contractor have not completed their negotiation and reached agreement on all of the terms of a Change Order, but the Owner requires the Contractor to proceed without such agreement.
If the Contractor believes that such Field Order entitles it to a change in Contract Price or Contract Time, or both, the Contractor shall give the Project Engineer, or Project Manager, written notice within five (5) days after the receipt of the Field Order. Within twenty (20) days after receiving the Field Order, the Contractor shall provide the Project Engineer, or Project Manager, with a complete and itemized proposal that includes the estimated increase or decrease in the Contract Price or Contract Time, or both, attributable to the changes based on the criteria and methods described in these General Conditions. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the Owner caused by its failure to submit complete pricing information within the time provided above.
a) If the maximum cost of the change in the Work to be performed under a Field Order has not been agreed upon and reduced to writing in the actual Field Order, or if such change is not
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fully described under a Unit Price set forth in the Contract Documents or the Field Order, the Contractor shall proceed with such Work on a time and materials basis. b) Whenever Work is performed on a time and materials basis, the Contractor shall fully document all costs associated with such Work. Beginning with the first day such Work is performed and on a daily basis thereafter, the Contractor shall submit to the Project Engineer, or Project Manager, a daily itemization of all such costs in such form as the Project Engineer, or Project Manager, may require. c) The final Contract adjustment for Field Order changes in the Work performed on a time and materials basis shall be calculated in accordance with these General Conditions.
When the Owner and the Contractor reach agreement on an adjustment to the Contract Price or Contract Time, or both as appropriate, such agreement shall be promptly executed as a Change Order. If the Owner requires Contractor to perform additional compensable work under a Field Order prior to executing a Change Order, the Contractor shall submit its costs to perform the work as periodically completed in its monthly application for payment, and Owner shall reimburse such costs, subject to retainage and any applicable withholding. In no instance shall the Owner be required to periodically reimburse Contractor for such additional compensable work prior to Contractor submitting to Owner an estimate of the cost of the additional compensable work to be performed.
6.1.4 Contractor Change Requests - If the Contractor: (i) receives any instructions, interpretations or directives which it believes are at variance with the Contract Documents or would require the Contractor to accelerate or decelerate the Work; or (ii) identifies what it believes are errors or omissions of any kind, including design errors or omissions, in the Drawings or Specifications; or (iii) encounters a differing site condition; or (iv) is delayed in performing the Work; or (v) becomes aware of any other matter or circumstance that the Contractor believes might require a change in the Contract Documents, Contract Time, or Contract Price, the Contractor shall give the Project Engineer, or Project Manager, prompt written notice of such matter and request a Change Order in a document identified as a “Contractor Change Request.”
Following submission of a Contractor Change Request, the Contractor shall diligently continue performance of the Contract to the maximum extent possible.
All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event that the Contractor believes may require the issuance of a Change Order. The Contractor shall also provide a description of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and, when possible, provide an estimate of the adjustment in the Contract Time and Contract Price which the Contractor believes is appropriate.
a) With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event more than five (5) days after they have been, or reasonably should have been, received or discovered. b) With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions are disturbed, but in no event more than five (5) days after the conditions are first discovered or reasonably should have first been discovered. c) With respect to delays, as set out in these General Conditions, a Contractor Change Request shall be submitted as soon as the Contractor becomes aware, or reasonably should have become aware, of the delay, but in no event more than five (5) days therefrom. d) With respect to any other matter or circumstance that the Contractor believes would require a change, a Contractor Change Request shall be submitted as soon as the Contractor reasonably has knowledge of the matter or circumstance, but in no event more than five (5) days after the Contractor becomes aware, or reasonably should have become aware, of such circumstance or matter.
6.1.5 Submittal Requirements and Waiver of Claims
a) If the Contractor does not submit a Contractor Change Request within the time required by these General Conditions, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the Owner as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. b) The Contractor shall, within ten (10) days after submitting a Contractor Change Request, provide the Project Engineer, or Project Manager, with a complete and itemized proposal that sets out as specifically as practicable the requested adjustments to Contract Price, Contract
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Time, or other Contract provisions, and contains the other information described in these General Conditions.
c) The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents that support the Contractor Change Request. If the Contractor does not submit its itemized proposal for a Change Order within the time described above or within such extension that the Project Engineer, or Project Manager, in his or her discretion may have granted in writing, the Contractor waives any claim for an adjustment in the Contract Price or Contract Time arising out of the act or event giving rise to or necessitating a Contractor Change Request. d) The Contractor shall furnish, upon request, all additional information and data that the Project Engineer, or Project Manager, determines is needed to assist the Owner in evaluating and resolving the Contractor Change Request through negotiation. The Contractor shall give the Owner access to its books, correspondence, records, electronic data bases and files, and other materials relating to the work described in the Contractor Change Request, shall require its Subcontractors and Suppliers to provide the Owner with such access, and shall make its personnel and that of its Subcontractors and Suppliers available to discuss and answer cost, schedule, and other questions related to such request. Clear and legible copies of all necessary supporting records shall be provided to the Owner at no cost. Failure to submit requested information may be a basis for denial of the request. e) In the event the Contractor is ordered to perform Work under this Section for which payments are not determined hereunder, which in the opinion of the Owner it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Owner, be paid the actual cost to him of such Work and, in addition thereto, an amount of ten (10) percent of the actual costs to cover the Contractor’s superintendence, administration and other overhead expenses. The terms and conditions of any subcontract which the Contractor may propose to enter into in connection with Work under the provisions of this Section, shall be subject to the written approval of the Owner before such subcontract is made. f) In cases other than those described above, the Owner and the Contractor (on his own behalf and on behalf of their Subcontractors) shall endeavor to negotiate a reasonable Contract price and line adjustment in a Change Order on terms appropriate to the changed Work. The Contractor will be required to submit a sufficiently detailed price proposal supported with sufficient documentation so that the Owner can determine that (1) the proposal reflects all impacts on the Contract from Work additions, deletions and modifications shown in the change order being priced, and (2) the proposed prices are set out in such a way that their reasonableness can be evaluated against prices based on adequate price competition, Proposal unit prices, established catalog or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation, recognized published price lists and indices, independently developed cost estimate and other appropriate price comparisons and (3) Contract provisions relating to Contract changes costing over $100,000.00 are complied with. If any prices or other aspects are conditional, such as on firm orders being made by a certain date or the occurrence or non-occurrence of an event, the Contractor shall identify these aspects in his Proposal. A negotiated Change Order shall set out prices, scheduling requirements, time extensions and all costs of any nature arising out of the issuance of a Change Order except for those cost and time aspects explicitly reserved on the face of the Change Order. g) In the event the Contractor and the Owner are unable to agree upon the Contractor's entitlement to an equitable adjustment or upon the amount thereof, or in the event that it is in the best interest of the Owner to have the Work proceed pending negotiation of amount of an equitable adjustment, the Owner may direct the Contractor to perform the Work in accordance with the Change Order, direction, instruction, interpretation, or determination, with any Contract price adjustments and progress payments for the Work to be determined on a Force Account basis in accordance with Section 1.5. The Contractor shall continue diligently to perform the Contract in accordance with the Owner's order, direction, instruction, interpretation, or determination during negotiations with respect to the Contractor's entitlement to an equitable adjustment hereunder or to the amount of any Contract price adjustment hereunder or to the amount or any Contract price adjustment or time extension. The Contractor and the Owner may agree on certain aspects of an equitable adjustment and take those aspects out of operation of Force Account provisions. h) For Change Orders, the Owner, or its representative shall have the audit and inspection rights as described below:
• Where the agreed payment method for any Contract changes is to be by cost reimbursement, time and material, labor, hours, or any combination thereof, the Contractor shall maintain and the Owner or its representatives shall have the right to
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examine books, records, documents and other evidence and accounting principles and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of the Contract changes under this Subsection.
• Contract changes exceeding $100,000.00 in costs: For submitted cost and pricing data in connection with pricing a Contract modification referred to in this Subsection, unless such pricing is based on Proposal unit prices, adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, the Owner or his representatives shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation of or performance under the Contract Change Orders for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein. • Contract changes exceeding $10,000.00 but not $100,000.00 in costs: The Owner or his representatives prior to the execution of any Contract Change order in this Subsection or for a period of twelve months after execution shall, unless such pricing is based on Proposal unit prices, adequate price competition, established catalog of market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, have the right to examine all books, records, documents, and other data of the Contractor relating to the negotiation and Contract Change Order for the purpose of evaluating the accuracy, completeness, and currency of the data submitted upon which negotiation is or has been based. To the extent the examination reveals inaccurate, incomplete or non-current data, the Contracting Officer may renegotiate the Contract Change Order price based on such data.
• Contract changes of less than $10,000.00 in costs: The Owner may require from the Contractor appropriate documentation to support the prices being negotiated for Contract changes under this Subsection, and may refuse to complete negotiation until satisfactory documentation is submitted.
i) For the purpose of this Section, costs shall include fines which would be assessed if extension(s) of time were not granted by Contract Change Order.
j) The requirements of this audits and records section are in addition to other audit, inspection and record keeping provisions elsewhere in the Contract documents.
k) Changes involving aggregate increases and decreases in excess of $100,000.00 shall be subject to the following:
• A change involves aggregate increases and decreases in excess of $100,000.00 if the total value of Work affected, without regard to any increases or decreases, exceeds this amount; for example, a Change Order adding Work in the amount of $75,000.00 and deleting Work in the amount of $50,000.00 will be considered to involve aggregate increases and decreases of $125,000.00. • The Contractor shall submit in support of all items not based upon unit prices or lump sum prices contained in the Contract or upon the established prices at which commercial items are sold in substantial quantities to the public, statements by his vendors that the prices charged the Contractor are not greater than the prices charged by the respective vendors to their most favored customers for the same items in similar quantities. • Price reductions for defective cost or pricing data--price adjustments: If any price, including profit and fee, negotiated in connection with any price adjustment was increased by any significant sums because:
(1) The Contractor furnished cost or pricing data which were not complete, accurate, and current as certified in the contractor's certificate of current cost or pricing data; or (2) Adjustments or any subcontract provisions therein required, furnished costs or pricing data which were not complete, accurate, and current as certified in the Subcontractor's certificate of current cost or pricing data; or (3) The Subcontractor or his prospective subcontractor furnished cost or pricing data which were required to be complete, accurate, and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which were not complete, accurate and current; or (4) The Contractor or a Subcontractor or his prospective subcontractor furnished any data, which were not complete, accurate, and current as submitted;
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(5) Then the price shall be reduced accordingly and the Contract shall be modified in writing accordingly to reflect such reduction. Any reduction in the Contract price due to defective subcontract data of prospective subcontractor, when the subcontract was not subsequently awarded to such subcontractor, will be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor, provided the actual subcontract price was not affected by defective cost or pricing data; or (6) The Contractor shall require Subcontractors to certify to the best of their knowledge and belief that the cost and pricing data submitted are accurate, complete, and current as of the date of execution, which date shall be as close as possible to the date of agreement on the negotiated price of the Contract Change Order.
l) In case a satisfactory adjustment in price cannot be reached for any item requiring a Supplemental Agreement, the Owner reserves the right to terminate the Contract as to said item as it applies to the terms in question and make such arrangements as may be deemed necessary to complete the Work. Should any of the changes, not requiring Supplemental Agreements, be made as provided herein, the Contractor shall perform the Work as altered, increased or decreased at the Contract unit price or prices.
6.1.6 Claims for Concealed or Unknown Conditions - If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) days after first observance of the conditions. Site conditions which an experienced and prudent contractor could have anticipated by visiting the site, familiarizing himself with the local conditions under which the work is to be performed and correlating his observations with the requirements of the Contract Documents shall not be considered as claims for concealed or unknown conditions, nor shall the locations of utilities which differ from locations provided by the utility companies. The Project Engineer, or Project Manager, will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, or the required time for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Project Engineer, or Project Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Project Engineer, or Project Manager, shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Project Engineer, or Project Manager, has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be subject to further proceedings pursuant to Section 1.3.8 and Section 1.3.10. Such sections shall apply to claims by either party, notwithstanding language in said sections that they apply only to claims brought by the Contractor.
6.1.7 Specific Provisions for Delay-Based Contractor Change Requests - If the Contractor Change Request is based in whole or in part on a delay of any kind or nature, the complete itemized proposal shall include the following information in addition to all other required information:
a) The date, nature, and circumstances of each event regarded as a cause of the delay; b) The names of all individuals acting on behalf of the Owner who are known or believed by the Contractor to have direct knowledge of the delay; c) If the Contractor claims acceleration costs of scheduled performance or delivery, the basis upon which acceleration arose; d) The identification of any documents and the substance of any oral communications known to the Contractor which substantiate, refute, or concern such delay; e) A Critical Path Method (CPM) schedule corrected to reflect actual performance, showing delay impacts as separate tasks and Contractor’s mitigation of such impacts; and f) The specific elements of Contract performance for which the Contractor may seek an equitable adjustment, including:
1) Identification of each Contract or schedule line item that has been or may be affected by such delay; 2) To the extent practicable, identification of the delay and disruption in the manner and sequence of performance, and the effect on continued performance, that have been or
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may be caused by such delay; 3) Identification of labor, materials, or both, or other cost items including overhead and Subcontractor costs, that have been or may be added, deleted, or wasted by such delay; 4) A statement that the Contractor is maintaining records by some generally accepted accounting procedure that allows the separately identifiable direct costs due to the delay, and those not incurred as a result of the delay, to be readily identified and segregated; 5) Estimates of the necessary adjustments to Contract Price, Contract Time and any other Contract provisions affected by the delay.
6.1.8 Determination by Project Engineer, or Project Manager.
a) The Project Engineer, or Project Manager, shall respond in writing to any timely Contractor Change Request within ten (10) days of receipt of the complete and itemized proposal in support of the request. Failure of the Project Engineer, or Project Manager, to respond within such time period shall be deemed a denial of the Contractor Change Request unless the Project Engineer, or Project Manager, notifies the Contractor that additional time is necessary to review the Contractor Change Request. b) If a Contractor Change Request is denied by the Project Engineer, or Project Manager, in whole or in part, any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely submits a protest or dispute in accordance with these General Conditions.
6.2 ADJUSTMENT TO CONTRACT PRICE
6.2.1 Contract Price Adjustments - All adjustments to the Contract Price shall be determined by using one or more of the following methods in descending order:
a) Unit Prices (as stated in the Contract Documents or subsequently agreed upon) multiplied by final verified quantities of work performed and subject to the requirements of paragraph 10.7 below. b) A negotiated lump sum. If requested by the Owner, the Contractor shall promptly provide itemized and sufficient substantiating data, including calculations, measurements, cost records, production rates, equipment types and capacity, labor costs by craft and other information that the Owner may reasonably require the Contractor to produce in order to permit the Owner to evaluate any lump sum Contractor Change Request. In pricing such Bids, the Contractor shall include estimates of the type of costs described in this article. c) Costs as determined in a manner previously agreed upon by the Parties, which include markups that do not exceed those described in this article. d) Time and Material costs as determined in the manner described in this article. These amounts may be reduced where necessary to take into account the cost of base Work, Work included in approved Change Orders, Work described in other Field Orders, idle time for workers and/or equipment when Work could have been performed in other locations or when the number of workers or amount of equipment provided exceeded the number or amount required to perform the Work, unsatisfactory Work, or Work that may be or was performed concurrently with the changed Work and which cannot be easily segregated from the changed Work.
6.2.2 Calculation of the Contract Adjustment - In no event shall the charge or credit to the Owner associated with any change exceed the sum of the following:
a) Direct Labor. The actual net, direct increase or decrease in the cost of the Contractor’s labor. Such cost shall include only the cost associated with the workers who actually perform the changed Work. The cost of supervision, management and field or office overhead shall not be included or calculated as a direct labor cost. For shop work, the direct labor cost shall include only those workers who work directly on the item being manufactured or the actual operators of the equipment being used to handle the items being manufactured. b) Labor Burden. Contractor’s actual costs for worker’s compensation and liability insurance, payroll taxes, social security and employees’ fringe benefits (including employer paid health insurance) imposed on the basis of payrolls, and any other benefits provided to employees (including under any applicable collective bargaining agreement). This burden must reflect the variability of some burdens, i.e., social security. The burden shall be itemized and include all small tools and miscellaneous supplies. The total labor burden for such small tools shall not exceed two percent (2%) of the Direct Labor cost. c) Direct Material, Supplies, Installed Equipment. The actual net, direct cost of materials, supplies and equipment incorporated into or consumed by the Work. If actual costs are not available, this cost shall be the lowest commercially available price including all discounts, rebates, shipping and restocking charges, and applicable taxes. Such cost shall be based on buying the
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material, supplies and equipment in the largest practical quantity to receive quantity discounts. d) Equipment Costs. Without markup or operator, the lesser of (i) the actual net cost to the Contractor of owned or rented equipment, other than small tools; or (ii) the rental rate for such equipment as determined by using the following method(s):
• Equipment rental rates listed in the appropriate rental rate book currently in use by CDOT. If an item of equipment does not appear in the rental rate book currently in use by CDOT, the rental rates published by the Associated Equipment Dealers may be used as a basis for negotiating a rental rate for a particular piece of equipment. The Contractor shall provide all information necessary to determine the appropriate rental rate at the time the equipment is brought on the job. • Rental equipment costs shall be determined using actual invoiced rates, less all discounts for basic equipment rental. • Mobilization/demobilization costs will be paid if the equipment is mobilized for Work described in a Change Order and is not otherwise to be mobilized or demobilized for the Work at the time. If the equipment is also used on Base Contract Work, no mobilization or demobilization cost will be paid. Mobilization/demobilization costs will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods are used, the costs shown in the actual invoice will be the basis for pricing.
e) Mark Up for Overhead and Profit. The Contractor or Subcontractor of any tier who actually performs the Work shall be entitled to a reasonable markup of no more than ten percent (10%) on the actual costs for Direct Labor, Labor Burden, Direct Material, Supplies, Installed Equipment, and Equipment Costs, as described in this article. Bonds and insurance are compensated at direct cost without markup. f) Bonds, Insurance, Permits and Taxes. The actual increases or decreases in the cost of premiums for bonds and insurance, permit fees, and sales, use or similar taxes related to the Work.
6.2.3 Totals as Equitable Adjustment - The Contractor agrees that the total of the above items constitute an equitable adjustment for any and all costs or damages resulting from a change.
6.2.4 No Equitable Adjustment for Obstruction by Contractor - No equitable adjustment shall be made as a result of costs resulting from any act, hindrance, obstacle, obstruction, interference, or omission of the Contractor, its Subcontractors, Suppliers, or Surety, or any other entity or individual acting on behalf of the Contractor, or any Subcontractor, Supplier, or Surety.
6.2.5 Calculation of Certain Equitable Adjustments - in case of delay in completion of the entire Contract due to drawings, designs or specifications that are defective and for which the Owner is responsible, the equitable adjustment for delays or costs incurred prior to notification to the Owner of such defect shall only include the extra cost and time reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect.
An equitable adjustment shall not include increased costs for delay resulting from the Contractor’s failure to continue performance during determination of any Contractor Change Request or claim.
6.2.6 Price Reductions for Defective Cost or Pricing Data - If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any Subcontractor or Supplier or that lower prices were reasonably available, the price shall be reduced accordingly and the Contract Price modified by an appropriate Change Order.
6.2.7 Variations in Estimated Quantities - The Contractor shall understand that the quantities set forth on the Statement of Work, the Proposal or other Contract documents are only approximate and that during the progress of the work, the Owner may find it advisable and shall have the right to omit portions of the work and to increase or decrease the quantities and reserves the right to add to or take from any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed.
Where the quantity of a Unit Price pay item in the Contract is an estimated quantity and where the actual quantity of such pay item varies more than 25% below the estimated quantity stated in the Contract, the Contractor shall make an equitable adjustment in the Contract Price, upon
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demand of the Owner. The Contract Price adjustment will be based upon any decrease in costs due solely to the variation below 75% of the estimated quantity.
Where the quantity of a Unit Price pay item in the Contract is an estimated quantity and the actual quantity of such pay item is more than 25% above the estimated quantity in the Contract, the Owner may elect to terminate the Contract for convenience or issue a Change Order to adjust the Contract Price. The Contract Price adjustment will be based upon any increase in costs due solely to the variation above 125% of the estimated quantity.
If the quantity variation is such as to cause an increase in the time necessary for completing the Work, the Contractor may request, in writing, an extension of time in accordance with these General Conditions.
6.2.8 Disposition of Excess or Obsolete Property - When the cost of materials, supplies, equipment or other personal property made obsolete or excess as a result of a delay is included in the equitable adjustment, the Project Engineer, or Project Manager, shall have the right to prescribe the manner of disposition of such property.
6.3 OMITTED ITEMS: The Project Engineer, or Project Manager, may, in writing, order omitted from the Work any item other than Major Items, which are found by the Project Engineer, or Project Manager, or Owner to be unnecessary to the Project and such omission shall not be a waiver of any condition of the Contract nor invalidate any of the provisions thereof. Major Items may be omitted by Supplemental Agreements. The Contractor will be paid for all Work done toward the completion of the item prior to such omission as provided in Section 7-5.
6.4 WORK NOT SPECIFIED BUT INCLUDED: Any work not specifically set forth in the Plans and Specifications but which may be fairly implied as included in the opinion of the Project Engineer, or Project Manager, shall be done by the Contractor without extra charge.
6.5 EXTRA WORK--FORCE ACCOUNT: When Work is necessary for the proper completion of the Project for which no quantities or prices were given in the Proposal or Contract, the same shall be called Extra Work and shall be performed by the Contractor when so directed in writing by the Project Engineer, or Project Manager. Extra Work shall be performed by the Contractor in accordance with these Specifications in a skillful and workmanlike manner and as may be directed by the Project Engineer, or Project Manager. Prices for Extra Work shall be itemized and covered by a Supplemental Agreement in accordance with paragraph 3.6 above. Any supplemental agreement must be approved by the Owner prior to the actual starting of such Work. Should the parties be unable to agree on unit prices for the Extra Work or if this method of pricing is impractical, the Project Engineer, or Project Manager, may instruct the Contractor to proceed with the Work by day labor or Force Account as hereinafter provided in Section 7-6. Claims for Extra Work not authorized in writing by the Project Engineer, or Project Manager, prior to the Work being done will be rejected and shall not be compensated for.
Extra Work shall not include materials, labor or equipment which is incidental or appurtenant to the Work indicated on the Drawings and in the Specifications. Such Work shall be completed and paid for as part of the Work to which it is appurtenant.
6.6 UNAUTHORIZED WORK: Work performed beyond the lines and grades shown on the Contract Drawings, approved Work and Shop Drawings and Extra Work done without written authorization will be considered unauthorized Work and the Contractor will receive no compensation therefore. If required by the Owner, unauthorized Work shall be remedied, removed or replaced by the Contractor at Contractor's expense. Upon failure of the Contractor to remedy, remove or replace unauthorized Work, the Owner may take action as provided in Section 2.9 Inspection.
Article 7. SUBCONTRACTORS, SUPPLIERS AND PERSONNEL
7.1 SUBCONTRACTORS: The Contractor may use the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors.
7.1.1 No Subcontracting - The Contractor shall not sublet or subcontract any portion of the Work to be done under the Contract to any Subcontractor or Supplier not identified in the Proposal until approval of such action has been obtained from the Owner. The Owner may disapprove of a Subcontractor for any reason deemed appropriate by the Project Engineer, or Project Manager, including without limitation:
a) Default on a contract within the last five (5) years; b) Default on a contract that required that a surety complete the contract under payment or performance bonds issued by the surety; c) Debarment within the last five (5) years by a public entity or any organization that has formal
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debarment proceedings; d) Significant or repeated violations of Federal Safety Regulations (OSHA); e) Failure to have the specific qualifications listed in the Contract Documents for the work that the Subcontractor will perform; f) Failure to have the required Owner or Colorado licenses to perform the work described in the subcontract; g) Failure to pay workers the proper wage and benefits or to pay suppliers or subcontractors with reasonable promptness within the last five (5) years; h) Conviction, plea of nolo contendere, entry into a formal agreement admitting guilt or entry of a plea of guilty or otherwise admitting culpability to criminal offenses of bribery, kickbacks, collusive proposing, bid-rigging, anti-trust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature in connection with Subcontractor’s business, on the part of Subcontractor’s principal owners, officers, or employees, within the last five (5) years; i) Failure to pay taxes or fees; j) Evidence that the Subcontractor was selected by the Contractor through the process of Proposal shopping, dishonesty or buyout.
7.1.2 Rejection of Subcontractor - Rejection or acceptance of any Subcontractor shall not create in that Subcontractor a right to any subcontract or the right to perform any portion of the Work, nor shall acceptance or rejection relieve the Contractor of its responsibilities for the work of any Subcontractor.
7.1.3 Contractor Supervision - The Contractor shall also supervise, direct and be responsible for all work performed by its Subcontractors, their agents and employees and other persons performing any of the Work under a contract with the Contractor, Subcontractors of any tier, or Suppliers of any tier. The Contractor is fully responsible to the Owner for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them.
7.1.4 Contractor Obligations - The action or omission of any Subcontractor in violation of this Contract or any subcontract will not relieve the Contractor from any obligation under this Contract or at law.
7.1.5 Contractual Relationship - Nothing contained in the Contract or any exercise of rights under this Contract creates any contractual relationship or privity of contract tween any Subcontractor and the Owner.
7.1.6 Binding to Terms of Contract - The Contractor shall put appropriate provisions (including the indemnity and insurance provisions) in all Subcontracts relative to the Work to bind Subcontractors to the terms of the Contract insofar as applicable to the work of Subcontractors (even if not specifically required here), and to give the Contractor the same power to terminate any Subcontractor that the Owner may exercise over the Contractor.
7.1.7 Guarantees - The Contractor shall specifically stipulate in all Subcontractor or Supplier contracts and purchase order forms for all materials and systems that the guarantee period begins with the date of Substantial Completion. The Contractor shall, during the course of the Work, specifically instruct Subcontractors and Suppliers that all written guarantees, that are due to be submitted to the Owner, shall indicate the initiation of the guarantee period as being the date of Substantial Completion.
7.1.8 Availability of Contract Documents - The Contractor shall make available to each proposed Subcontractor, before the execution of the subcontract, complete and accurate copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Subcontractors.
7.2 WORKFORCE: The Contractor shall assign an adequate number of qualified, competent workers to each task to complete the Work on schedule and in accordance with the Contract Documents.
7.2.1 Corrective Action Plan - If the Owner believes that the Work is not proceeding satisfactorily or may not be satisfactorily completed by the Completion Date, the Project Engineer, or Project Manager, may, by letter to the Contractor, require the Contractor to submit a corrective action plan identifying steps to be taken, at no additional cost to the Owner, to raise the rate of progress to an acceptable level.
7.2.2 Competent Personnel - Competent personnel with experience and skills adequate for the assigned tasks are an absolute necessity for job safety and for the performance of quality work. The Contractor and any Subcontractor shall employ only foremen and workers skilled in the Work requiring special qualifications. The Contractor shall reassign or remove from the Project all personnel who are requested to be reassigned or removed by the Project Engineer, or Project Manager, or who are incompetent,
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uncooperative, refuse to comply with safety requirements, or are otherwise unfit to perform the assigned task. No increase in Contract Time or Contract Price is authorized as a result of the Owner’s exercise of this section.
7.3 COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986. Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Contractor for performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment.
7.4 PERSONNEL & CIVIL RIGHTS
7.4.1 Colorado Labor (C.R.S. § 8-17-101) - At least eighty percent (80%) of each type or class of labor employed by the Contractor and any Subcontractors to perform the Work shall be persons who, at time of employment, are residents of the State of Colorado, without discrimination as to race, color, creed, gender or sex, age, religion, national origin, veteran’s status or religion, except when minimum age is a bona fide occupational qualification. The Project Engineer, or Project Manager, if requested in writing by the Contractor and approved by the Project Engineer, or Project Manager, in writing, may waive this requirement in accordance with C.R.S. § 8-17-101. This paragraph shall not apply if the Project receives federal funding.
7.4.2 Anti-Discrimination - While engaged in the performance of the Work, Contractor shall maintain employment practices consistent with the Colorado Antidiscrimination Act, C.R.S. § 24-34-301 through § 24-34-804, as amended. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
7.4.3 Civil Rights - In compliance with the Civil Rights Act of 1964, coupled with the Colorado Governor’s Executive Order dated July 6, 1972, Contractor, for itself and its assignees and successors in interest, agree as follows:
(a) When applicable, the Contractor shall comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the “Regulations”), which are herein incorporated by reference and made a part of this Contract. Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations including employment practices when the Contract covers a program set forth in Appendix “C” of the Regulations. (b) The Contractor, with regard to the Work performed by it after award and prior to completion of the Work, shall not discriminate on the grounds of race, creed, color, gender or sex, age, religion, veteran status, national origin or ancestry in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. (c) In all solicitations either by competitive Bid or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or Supplier shall be notified by Contractor of Contractor’s obligations under this Contract and the regulations related to nondiscrimination on the grounds of race, creed, color, gender or sex, age, religion, veteran status, national origin or ancestry. (d) The Contractor shall take all affirmative actions necessary and appropriate to implement, not only the letter but also the spirit, of the policy of equality of opportunity as enunciated in the Constitution and the laws of the State of Colorado and as construed by the courts to prevent discrimination because of race, creed, color, gender or sex, age, religion, handicap, veterans status, national origin or ancestry. (e) The Contractor shall include the provisions of these subsections 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instructions issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interest(s) of the Owner.
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7.4.4 Americans with Disabilities Act - The Owner makes every attempt to comply with the Americans with Disabilities Act and requires all contractors to be aware of this law and to report immediately to the Project Engineer, or Project Manager, any requests or complaints based upon the Americans with Disabilities Act. This requirement applies to persons or groups who have identified themselves as disabled, or as someone with whom they associate as disabled, and who require a special accommodation.
Article 8. INSPECTIONS; CORRECTIONS OF DEFECTS
8.1 DEFECTIVE WORK AND MATERIALS: Material and workmanship not conforming to the requirements of the Contract are deemed defective. The Contractor shall bear all costs of investigating and correcting such defective Work and materials, which includes design efforts necessary to correct such Work.
8.1.1 Determination of Defects - Whether or not the Work is defective will be determined by comparing it to the Contract Drawings, Specifications, accepted Shop Drawings and manufacturer’s literature and further measuring it against the standard of quality implied by the Contractor’s warranty. Also, should the appearance and performance of any element of the Work fail to conform to standards of the trade for such Work, that Work may be declared defective.
8.1.2 Repair and Removal of Defects - Defects discovered by any inspection process or testing, or otherwise made apparent during the Work, shall be repaired, removed, or replaced by the Contractor, at no cost to the Owner, as identified. The Owner shall have the right to charge the Contractor for its costs of re-inspecting the Work after the defective Work is corrected and any costs of verifying or determining the existence of latent defects
8.1.3 Failure to Repair or Remove Defects - If the Contractor fails to replace rejected materials or Work within ten (10) days after receipt of written notice, the Owner may replace or correct them and charge the cost to the Contractor and may terminate the right of the Contractor to proceed.
8.1.4 Failure to Detect Defects - Failure to detect previously installed defective materials or workmanship shall not impair the Owner’s right to receive the completed Work, which is free of defects and meets all of the requirements of the Contract Documents. Nothing in this section shall limit the Owner’s right to seek recovery for latent defects that are not observable until after any warranty or guaranty periods have run.
8.2 SUBSTITUTED PERFORMANCE: If the Contractor’s failure of exact performance does not appear to the Owner to be deliberate or willful and if the Owner concludes that less than exact performance in some minor part of the Work will not result in a decrease in quality in the entire Work, the Owner may, at its sole option, accept substituted performance.
Should the Owner accept substituted performance, the cost of the Work shall be reduced by the sum of money that the Owner determines to be a reasonable consideration for less than exact performance and the Owner may, at its discretion, require separate warranties for any substituted performance.
8.3 AUTHORITY AND DUTIES OF INSPECTORS: All Work shall be subject to inspection and testing by the Project Engineer, or Project Manager, Owner or their agent at all reasonable times and at all places prior to acceptance. Inspectors, employed by the Owner, are authorized to inspect all Work done and all material furnished. Such inspection may extend to all of any part of the Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector is not authorized to revoke, alter, or waive any requirements of the Plans and Specifications. The Inspector is authorized to call to the attention of the Contractor any failure of the Work or materials to conform to the Specifications and Contract Documents.
8.3.1 Inspector Authority - The Inspector shall have the authority to reject materials or suspend the Work until any question at issue can be referred to and decided by the Project Engineer, or Project Manager. If the Contractor refuses to suspend operations on verbal order, the Inspector shall issue a written order giving the reason for shutting down the Work. After placing the order in the hands of the manager in charge, the Inspector shall immediately leave the job. Work done during the absence of the Inspector will not be accepted nor paid for.
8.3.2 Contractor Obligations - Inspections by the Project Engineer, or Project Manager, or the Owner, or any of their representatives, or others shall not relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents and to also inspect his own Work.
8.3.3 Limitations of Inspector - The Inspector shall in no case act as foreman or perform other duties for the Contractor nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding to the Project Engineer, or Project Manager, in any way, or releasing the Contractor from fulfilling any of the terms of the Contract.
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8.4 INSPECTION: Drawings and specifications defining the Work were prepared on the basis of interpretation by design professionals of information derived from investigations of the Work site. Such information and data are subject to sampling errors, and the interpretation of the information and data depends to a degree on the judgment of the design professional. Information about the degree of difficulty of the Work to be done cannot totally be derived from either the Drawings or Specifications or from the Project Engineer, or Project Manager. The Contractor shall not be entitled to an adjustment to the Contract Time or Contract Price for any condition that was or would have been evident at the time of a pre-Proposal site inspection. By executing the Contract, the Contractor represents that they have visited the site if and to the extent it believed necessary, familiarized itself with the location and conditions under which the Work is to be performed, and correlated its observations with the requirements of the Contract Documents.
8.4.1 Duties of Contractor - Contractor shall promptly, before such conditions are further disturbed, notify the Project Engineer, or Project Manager, in writing of:
• Subsurface or latent physical conditions at the Work site differing materially from those indicated in the Contract; or
• Unknown physical conditions at the Work site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
8.4.2 Duties of the Owner - Upon receipt of written notification from the Contractor of alleged differing site conditions, the Owner shall promptly investigate the conditions. If the Owner finds that the conditions materially differ and could not have been discovered, or reasonably inferred, from the Contract Documents or a thorough inspection of the Work site by the Contractor, and such conditions cause an increase or decrease in the Contractor’s cost of or the time required for performance of any related part of the Work under the Contract, an adjustment to the Contract Time or Contract Price, or both, may be made through a Change Order.
8.4.3 All Work Subject to Inspection - Until final payment, all parts of the work may be subject to inspection and testing by Owner or its designated representatives. Contractor may furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. The Contractor may furnish the Project Engineer, or Project Manager, with every reasonable facility for ascertaining whether or not the Work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. In the event of night Work, the Contractor may furnish proper lighting to adequately perform and inspect the Work being performed. If the Project Engineer, or Project Manager, requests it, the Contractor may, at any time before acceptance of the Work, remove or uncover such portion of the finished Work as may be directed. After examination, the Contractor may restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the coverage or making good of the parts removed, may be paid for as Extra Work; but should the Work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. Any Work done or materials used by the Contractor without suitable supervision or inspection by the Project Engineer, or Project Manager, or his authorized representative may be ordered removed and replaced at the Contractor's expense.
8.4.4 Prompt Remedy - If Contractor does not promptly replace rejected material or correct rejected workmanship the Owner may: (a) by separate Contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, or (b) terminate the Contractor's right to proceed in accordance with this Agreement pursuant to Section 6.9. Such inspection and test is for the sole benefit of Owner and may not relieve Contractor of the responsibility of providing quality control measures to assure that the Work strictly complies with the Contract. No inspection or test by the Owner, Project Engineer, or Project Manager, or their agent may be construed as constituting or implying acceptance. Inspection or test may not relieve Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the Owner after acceptance of the completed Work.
8.4.5 Work Outside Normal Work Day - Any Work outside the normal five (5) day, forty (40) hour week may require the Project Engineer, or Project Manager, or Inspector on the job. All inspection so required shall be done at the Contractor's expense and the cost thereof may be deducted from the final payment. Overtime inspection may be done by the Owner at the Contractor's expense at $50.00 per hour. The payment by the Contractor of overtime inspection fees may not relieve the Contractor from the liquidated damages provisions as specified in Section 6-8 herein.
8.4.6 Change Order - If the Contractor has not fully complied with the notice and submittal requirements of this section or any part of the General Conditions pertaining to Change Orders, with particular attention
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to not disturbing the site prior to allowing the Owner to investigate the conditions, the Contractor shall be deemed to have waived its right to assert a claim for differing site conditions.
8.4.7 No Claim After Final Payment - No claim will be allowed under this section if Final Payment has been made.
8.5 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All Work which has been rejected or condemned by Owner or Project Engineer, or Project Manager, shall be repaired, or if it cannot be satisfactorily repaired, be removed and replaced at the Contractor's expense. Work done without lines and grades having been given, Work done beyond the lines and grades shown on the Plans, or asgiven, except as herein provided, Workdonewithout giving timely notice to the Project Engineer, or Project Manager, so the Project Engineer, or Project Manager, may, if he/she wishes, be present to observe theWorkinprogress,or anyExtraor unclassified Workdonewithout written authorityand prior Agreement inwritingasto prices, willbe done at the Contractor's risk and will be considered unauthorized and at the option of the Project Engineer, or Project Manager, may not be measured and paid for and may be ordered removed and replaced at the Contractor's expense.
Upon the failure of the Contractor to satisfactorily repair or to remove and replace, if so directed, rejected,
unauthorized, or condemned Work immediately after receiving formal notice from the Project Engineer, or Project Manager, the Owner may, at its sole option, recover for such defective Work on the Contractor's bond or by action in a court having proper jurisdiction over such matters, or may employ labor and equipment and satisfactorily repair or remove and replace such Work and charge the cost of the same to the Contractor, which cost will be deducted from any money due him/her.
8.6 GEOTECHNICAL AND OTHER DESIGN PROFESSIONAL REPORTS, INVESTIGATIONS & TESTS: The Contractor acknowledges that certain soils reports, borings, and other geotechnical data, more particularly described or referenced in the Specifications of the Contract, have been made available for inspection and review. The borings were made for the use of the Owner in the design of the Project and are not intended to be interpreted for use in temporary construction facilities designed by the Contractor.
The Owner in no way warrants the accuracy or reliability of said borings and other geotechnical data or of the data, information or interpretations contained in said soils reports, and is not responsible for any deduction, interpretation, or conclusion drawn therefrom by the Contractor. Said soil reports may contain interpretations by design professionals of borings and geotechnical data obtained at the Work site. Such borings and geotechnical data are subject to sampling errors, and any interpretations or conclusions based on such borings and data depend to a degree on the judgment of the design professionals.
The Contractor agrees that it will make no claims against the Owner if, in performing the Work, it finds that the actual conditions encountered do not conform to those indicated by said soil reports, borings and other geotechnical data, or those reasonably inferred therefrom or reasonably discoverable by a thorough inspection of the site by the Contractor.
Article 9. PROTECTION OF PERSONS, PROPERTY AND ENVIRONMENT
9.1 PROTECTION OF PERSONS: The Contractor is responsible for the health and safety of all persons on or at the Work site and shall take all necessary and reasonable precautions and actions to protect all such persons from injury, death, or loss.
9.1.1 Safety Working Conditions - The Contractor and any Subcontractor shall not require any laborer, mechanic or other person employed in performance of the Work to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. The Contractor and all Subcontractors shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA), the Industrial Commission of the State of Colorado or the City of Englewood, whichever is most restrictive. The Owner assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA or the State of Colorado.
9.1.2 Protective Devices and Precautions - The Contractor shall provide all necessary protective devices and safety precautions. Such devices and precautions may include but are not limited to: posting of danger signs and warnings against hazards such as, but not limited to, hoists, well holes, elevator hatchways, scaffolding, openings, stairways, trip and fall hazards and falling materials; placement of warning flares; equipment back-up alarms; installation of barricades; promulgation and application of safety regulations and employment of safety personnel and guards. Signs will not be considered to be an adequate substitute for physical protective barriers. The costs of all protective devices and the planning and implementing of safety precautions are considered to be included in the Unit Prices, even if not specified.
If, in the opinion of the Project Engineer, or Project Manager, the Contractor has not supplied necessary and adequate barricades, warnings, or other safety devices, then the Owner may order additional devices and deduct the cost from the Contractor's payment. By taking such action, the Owner assumes no liability
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for the adequacy of such barricades, warnings or other safety devices.
9.1.3 Underground Work - For operations involving trenching, excavation or any other underground construction, the Contractor’s attention is specifically directed to and its work shall conform to the latest revision of the Construction Safety and Health Regulations, Part P Subparagraph 1926.6013-6016 by OSHA, as amended.
9.1.4 Protection of the Public - The Contractor and all Subcontractors shall always, whether or not so specifically directed by the Project Engineer, or Project Manager, take necessary precautions to ensure the protection of the public. The Contractor shall furnish, erect, and maintain at its own expense all necessary precautions for the protection of the Work and safety of the public through and around its construction operations.
9.1.5 Subcontractor - The Contractor shall make the provisions of this section a condition of each contract with any Subcontractor.
9.2 PROTECTION OF PROPERTY: The Contractor shall continuously take all reasonable precautions to protect from damage, injury or loss, all or any part of the Work and all or any part of materials or equipment to be incorporated in the Work, whether in storage on or off the Work site, under the care, custody, control of the Contractor or any Subcontractor or Supplier. The Contractor shall repair or replace at its expense any such damage, injury or loss, except such as may be directly due to error in the Contract or caused by agents or employees of the Owner.
The Contractor shall provide and maintain at its expense all passageways, barricades, guard fences, lights, and other protection facilities required by any regulatory agency or public authority or local conditions.
The Contractor is responsible for protection of all public and private property on and adjacent to any site of the Work. The Contractor shall use every precaution necessary to prevent damage to curbs, sidewalks, driveways, trees, shrubs, sod, mailboxes, fences, and other private and public improvements. The Contractor shall protect carefully from disturbance or damage all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their locations, and shall not remove them until directed.
9.3 PROTECTION OF HISTORICAL SITES: When the Contractor’s operations encounter remains of prehistoric peoples, dwelling sites or artifacts of historical, archeological, or paleo-logical significance, the Contractor shall temporarily discontinue such operations and immediately advise the Project Engineer, or Project Manager. The Project Engineer, or Project Manager, will contact archeological authorities to determine the disposition of the items in question. When directed, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and remove them for delivery to the custody of the proper authorities. Such excavation is considered, and paid for, as extra Work.
9.4 RESPONSIBILITY TO REPAIR: When any direct or indirect damage or injury is done to any public or private property or utility by or on account of any act, omission, neglect or misconduct in the execution of the Work, the Contractor shall restore the damaged property at its own expense to a condition equal to or better than that existing before such damage or injury.
If any existing property is damaged in the Work as a result of Contractor’s non-performance, the Contractor shall immediately notify the property owner. The Contractor shall not attempt to make repairs unless authorized in writing by the property owner or directed by the Project Engineer, or Project Manager. Written authorization from the owner to make repairs must be so worded as to save the Owner harmless from any responsibility whatsoever relative to the sufficiency of the repairs. The Contractor shall give the Project Engineer, or Project Manager, a copy of the written authorization to make repairs.
The Contractor shall replace any materials and equipment lost, stolen, damaged or otherwise rendered useless during the performance of Work on the Project.
At the Contractor’s cost, the Owner may undertake any such repair or replacement required by this section when the Contractor fails to do so within a reasonable time. The Owner may deduct any such cost from any payment due the Contract or may recover such costs from the Contractor or the Surety.
9.5 TRAFFIC CONTROL: Unless the Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Work to be done under this Contract, and of constructing and maintaining such approaches, crossings, intersections and any accessory features without direct compensation, except as otherwise provided.
The Contractor shall arrange Work to disrupt traffic as little as possible. All traffic Control Devices used shall conform
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to the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Except as otherwise permitted, two way traffic shall be maintained at all times in public roadways. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights for the protection of the Work and the safety of the public. All barricades, signs and obstructions erected by the Contractor shall be illuminated at night and all devices for this purpose shall be kept illuminated from sunset to sunrise.
The Contractor shall be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchman to protect it, and whenever evidence of such damage is found prior to acceptance, the Project Engineer, or Project Manager, may order the damaged portion immediately removed and replaced by the Contractor without cost to the Owner if, in the opinion of the Project Engineer, or Project Manager, such action is justified. The Contractor's responsibility for the maintenance of barricades, signs and lights shall not cease until the Project has been accepted.
9.5.1 Closure of Street or Alley - No street or alley shall be closed to the public by the Contractor exceptas authorized by the City Traffic Engineer and in accordance with procedures outlined herein. Whenever, in the prosecution of the work, the Contractor finds it necessary to close a street to traffic, he/she shall advise the Police and Fire Departments forty-eight (48) hours in advance of the time when the street will require closing. The forty-eight (48) hour notice will be required in all cases involving the normal prosecution of the work and convenience of the Contractor. Twenty-four (24) hours prior to commencement of work, the Contractor shall furnish and install approved “No Parking” signs, giving day of the week; i.e. “No Parking in this block on Thursday.” At time of posting verbal notice of intent shall be given to occupants of premises involved. In cases of emergency, involving conditions over which the Contractor has no control, the street may be closed. In these cases, the Contractor is required to immediately notify the Police and Fire Departments and the City Traffic Engineer.
9.5.2 Detours - Wherever streets or alleys are closed as provide herein, it will be the sole responsibility of the Contractor to adequately mark and light the detours as determined by the Contractor and the City Traffic Engineer after consultation with the Police and Fire Departments, City Traffic Engineer, and in accordance with standard details indicated on plans for this project. The Contractor, at its cost, shall furnish and maintain all necessary signs, barricades, lights, and flaggers necessary to control traffic and provide for safety of the public, all in compliance with the MUTCD with subsequent revisions and additions, and to the satisfaction of the City’s Public Works Director. No constructions signs shall be placed on sidewalks unless construction is actually taking place on the sidewalk. During evening hours and when not in use, all signs shall be turned away from traffic and moved at least eight (8) feet away from the edge of the nearest traveled way.
9.5.3 Permission for Detours - Wherever detours are required over areas other than on established City streets, it shall be the responsibility of the Contractor to secure all necessary permission from the property owners involved, prior to establishing such detours. Traffic shall not be routed over such detour until it has been bladed and shaped in such a way as to provide a reasonably safe and convenient roadway to the traveling public. Full provision shall be made to the Contractor for minimizing inconvenience from dust.
9.5.4 Safe and Convenient Roadway - Where traffic is maintained along the street or alley under construction, particular care shall be used to shape and maintain the roadbed so that a safe and convenient roadway is available to the traveling public. Ramps from undisturbed streets into excavated areas shall be maintained for traffic on gradual grades and in no case shall a ramp be steeper than a 6:1 slope. The Contractor shall make full provisions for minimizing inconvenience from dust. Marking and lighting the route shall be in accordance with standard details indicated on the plans for the district. During periods when actual construction is not in progress, streets shall be properly maintained and dust control measures shall be employed.
9.5.5 Traffic Control Plan - At least seven (7) days before starting any Work in the City right-of-way, the Contractor shall submit a detailed traffic control plan for review by the City of Englewood Public Works Department, with a copy to the Police Department. The approval shall establish the requirements for closures related to the number of lanes and time of day lanes or streets may be closed in accordance with the MUTCD and other applicable criteria or regulations. The Traffic Control Plan (TC Plan) shall include the name of the Contractor, the name and phone number of the person responsible for the traffic control, the date for beginning and ending construction activity and hours of operation expected. The TC Plan should show the widths of streets involved, traffic lanes, the size and location of the Work area with distances from the curb, distance to the nearest intersection, detours, parking areas, access to private property, and the type and location of traffic control devices. No changes to the TC Plan shall be permitted without prior, written approval by the Public Works Director.
The Contractor shall create its Traffic Control plans in concurrence with any Traffic Control requirements that may be specifically stated in the Special Conditions.
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9.5.6 Need for Police Officer - Whenever a police officer is necessary for traffic control, the Contractor shall hire and pay a uniformed off-duty police officer with authority in the City to direct traffic. The police department will determine the rate of pay for the officers.
9.5.7 Incidents - The Owner may impose a price reduction charge for any recurrence of an incident under the TC Plan, after notification by the Project Engineer, or Project Manager, according to the following schedule. The price reduction charge will not be considered a penalty, but will be a price reduction for failure to perform traffic control in compliance with the Contract. For purposes of this section, an “incident” is any violation of the TC Plan lasting up to thirty (30) minutes; each successive or cumulative 30-minute period in violation of the TC Plan will be deemed a separate incident, as determined by the Project Engineer, or Project Manager.
Incident Price Reduction Charge First None – Notice from Project Engineer, or Project Manager Second $150.00 Third $300.00 Fourth $600.00 Subsequent $1,200.00
9.6 PROTECTION OF STREET SIGNS, TRAFFIC SIGNS and SIGNALS: Street signs, traffic signs, signals and other traffic control devices erected by the City for information and to safeguard traffic must be protected by the Contractor. Where it is necessary to disturb or remove any of these items, the Contractor shall secure approval of the Traffic Engineer prior to any such work, this approval to be based on concurrence and requirements from the Traffic Engineer.
9.7 UTILITIES: The Contractor's attention is directed to the importance of protecting all public utilities encountered on all projects. Such utilities may include, but are not limited to: telephone, telegraph and power lines, water lines, sewer lines, gas lines, railroad tracks, and other overhead and underground utilities, cable television lines and facilities. Before any excavation is begun in the vicinity of water lines, railroad tracks or structures, sewer lines, cable television lines, gas lines or telephone conduits, each utility company concerned must be notified in advance of such excavation, and such excavation shall not be made until an authorized representative of the utility company concerned is on the ground and has designated the location of their facilities.
The Contractor shall support, and protect from injury, until completion of the Work any existing power lines, telephone lines, water mains, gas mains, sewers, storm sewers, cables, conduits, ditches, curbs, walks, pavements, driveways, and other structures in the vicinity of the Work that are not authorized to be removed.
9.7.1 Utility Coordination - The Contractor shall schedule and coordinate all Work with any utilities. The Contractor shall cooperate with utility owners (including electrical, gas, communication, water, sewer and railroad) to mitigate damage (including relocation or removal) whenever the Contractor’s work affects their utilities. The Contractor shall seek to expedite the progress of such work and minimize duplication of work and disruption of services.
9.7.2 Minimize Disruption - The Contractor shall conduct its operations in such a manner as to minimize the inconvenience to the public due to disconnected utilities. The Contractor shall not disconnect any utility without prior approval of the affected utility and the Project Engineer, or Project Manager. Such utility shall then not be disconnected before 9:00 A.M. and service shall be restored by 4:00 P.M. of the same day. If the Contractor’s operations require or cause utility service to be disconnected beyond the time limits stated above, the Contractor shall make arrangements suitable to the Project Engineer, or Project Manager, to provide temporary utility service. Such temporary service shall be at Contractor’s expense. The Contractor shall notify all affected properties regarding any utility disconnection, forty-eight (48) hours prior to the disconnection.
9.7.3 Delays - The Owner will not be responsible or liable for any delay or other impact to the Work caused by the acts or omissions of any utility or related agency.
9.8 COORDINATION WITH ENGLEWOOD UTILITIES: The Contractor shall always coordinate its Work with the South Platte Water Renewal Partners (SPWRP) and the Englewood Utilities Department (EUD). If it becomes necessary to close portions of any water or sewer system due to construction operations, the Contractor will provide at least seventy-two (72) hours prior notice to SPWRP and EUD. SPWRP and EUD shall have authority to dictate requirements of the closure. It is the Contractor’s responsibility to ensure continuity of the utilities.
9.9 NOTIFICATION OF AFFECTED UTILITY AND PROPERTY OWNERS: The Contractor shall not excavate without first notifying all owners, operators, or association of owners and operators having underground facilities in the area of such excavation. Notice may be given in person, by telephone or in writing. Notice to an association is notice to each member of the association.
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The Contractor shall contact the Utility Notification Center of Colorado before the start of any excavating. The Contractor shall give such notice of the commencement, extent, and duration of the excavation work at least forty- eight (48) hours before beginning Work affecting the area.
If the Project affects fences, landscaping, mailboxes, driveways or other improvements, the Contractor shall notify the affected property owners or occupants IN WRITING at least forty-eight (48) hours before beginning Work. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible.
9.10 POLLUTION CONTROL: The Contractor shall comply with all applicable Federal, State and City ordinances, laws, orders, and regulations concerning the control, prevention, and abatement of water pollution and air pollution in all operations pertaining to the Contract whether on right-of-way provided by the City or elsewhere. (See Article 17, below).
9.10.1 Pollution Prevention - The Contractor shall use construction methods that prevent release, entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes including, but not restricted to refuse, garbage, cement, concrete, sewage effluent, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Non-regulated solid wastes shall be disposed of by methods approved under applicable laws and regulations, including, the Resource Conservation and Recovery Act (RCRA), Subtitle D, as administered by Colorado and local Health Departments and the EPA.
9.10.2 Contaminated and Hazardous Materials - Contaminated and hazardous materials are regulated by RCRA, Subtitles C and D. The Contractor shall notify the Colorado Department of Public Health and Environment, local health departments, and local fire departments, and the Owner if suspect materials are encountered.
9.10.3 Prevention of Atmospheric Discharges - The Contractor shall utilize methods and devices that are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants including dust in its construction activities and operation of equipment.
9.10.4 Prevention of Dust Emission - The Contractor shall not emit dust into the atmosphere during any operations, including but not limited to: grading; excavating; manufacturing, handling or storing of aggregates; trenching; or cement or pozzolans. The Contractor shall use the necessary methods and equipment to collect, deposit, and prevent dust from its operations from damaging crops, orchards, fields or dwellings or causing a nuisance to persons. The Contractor is liable for any damage resulting from dust.
9.10.5 Excessive Exhaust Gases - The Contractor may not operate equipment and vehicles with excessive emission of exhaust gases due to improper mechanical adjustments, or other inefficient operating conditions, until repairs or adjustments are made.
9.10.6 Burning - Burning trash, rubbish, trees, brush or other combustible construction materials is not permitted unless the Contractor has obtained a valid burning permit issued by the Tri-County District Health Department or successor agency, and the local fire department. Any such burning shall be conducted in accordance with permit requirements.
9.10.7 De-Watering - De-watering for structure foundations or earthwork operations adjacent to or encroaching on lakes, streams or watercourses shall be done in a manner which prevents muddy water and eroded materials from entering the lakes, streams or watercourses, by construction of intercepting ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials may not be deposited or stored in or alongside lakes or watercourses where they can be washed away by high water or storm runoff.
9.10.8 Wastewater Runoff - The Contractor will not allow wastewater from aggregate processing, concrete batching or other construction operations to enter lakes, streams, watercourses or other surface waters without turbidity control methods such as settling ponds, gravel-filter entrapment dikes, approved flocculation processes that are not harmful to fish, recirculation systems for washing of aggregates or other approved methods. Any wastewaters discharged into surface waters shall conform to applicable discharge standards of any agency having jurisdiction over the discharge, including the Colorado Department of Public Health and Environment and any federal agency.
9.11 PUBLIC CONVENIENCE AND SAFETY: The Contractor shall fully comply with all applicable Federal, State and local laws governing safety. He shall provide all safeguards, safety devices and protective equipment and take any other needed actions on his own responsibility reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the Work. Materials stored upon the site shall be so placed and the Work shall, at all times, be so conducted as to cause no greater obstruction to traffic than is considered necessary by the Project Engineer, or Project Manager.
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The Contractor shall give to the Project Engineer, or Project Manager, full information in advance as to his plans for carrying out any part of the work. If at any time before the beginning or during the progress of the work, any part of the Contractor’s plant or equipment or any of his methods of executing the work appear to the Project Engineer, or Project Manager, to be unsafe, inefficient, or inadequate to insure the required quality, rate of progress or safety of the work, he may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Project Engineer, or Project Manager, to issue such orders shall relieve the Contractor from his obligation to secure the degree of safety, the quality or work, and the rate of progress required by this Contract. The approval by the Project Engineer, or Project Manager, of any plan or method of work proposed by the Contractor shall not be considered as an assumption by the City, or any officer, agent or employee thereof, of a risk or liability, and the Contractor shall have no claim under this Contract for the failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the Project Engineer, or Project Manager, has no objection to the Contractor’s use or adoption, at his own risk and responsibility, of the plan or method so proposed by the Contractor.
9.12 USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the Work, the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed by the Project Engineer, or Project Manager, the number and size of the charges shall be reduced. The Contractor shall notify the proper representatives of any public services corporation, the Owner, any company, or any individual at least ten (10) working days in advance of any blasting which may damage his or their property on, along, or adjacent to the site. The Contractor shall comply with the requirements of Title 9, Article 7 of the Colorado Revised Statutes, as amended, titled "Explosive Permits". The Contractor shall also be required, at a minimum, to notify the Denver Fire Department and the Englewood Police Department, the City and the surrounding properties.
All explosives shall be stored in a secure manner and all storage places shall be marked clearly "DANGEROUS EXPLOSIVES," and shall be in care of competent watchmen at all times.
9.13 RESTORATION OF PROPERTY: The Contractor shall not enter upon private property for any purpose without first obtaining permission, and he/she shall be responsible for the preservation of all public and private property, sod, trees, fences, monuments, underground structures, etc., on and adjacent to the site and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully, from disturbance or damage, all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their location, and shall not remove them until directed.
9.13.1 Responsibility for Damage - Contractor shall be responsible for all damage or injury to public or private property of any character resulting from any act, omission, neglect or misconduct in his manner, or method of executing said Work, or due to his non- execution of said Work, or at any time due to defective Work or materials, and said responsibility shall not be released until the Work shall have been completed and accepted.
9.13.2 Property Restoration - When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the Work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done by repairing, rebuilding, or otherwise restoring, as may be directed, or he shall make good such damage or injury in an acceptable manner. In case of the failure on the part of the Contractor to restore such property or to have started action to make good such damage or injury, the Owner may upon forty- eight (48) hours of notice, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any moneys due or which may become due the Contractor under the Contract or prosecuted as a claim against the Contractor's Surety Bond.
9.13.3 Insurance - The cost of insurance for damages due to Contractor's operation or cost of protecting utilities where required to permit construction under this Contract shall be included in the original Contract prices for the Project.
Article 10. PERMITS AND LICENSES; COMPLIANCE WITH CURRENT LAWS
10.1 COMPLIANCE WITH LAWS, LICENSES AND PERMITS: The Contractor, shall at all times, observe and comply with all Federal, State and local laws, codes, ordinances, and regulations, which pertain to and affect the conduct of the Work, and the Contractor and his Surety shall indemnify and save harmless the Owner and all its officers, agents, employees, or any of their heirs, successors or assigns against any claim, judgment, demand, costs, liability or expenses, including, but not limited to, attorney's fees and costs of suit arising from or based on the violation of any such law, ordinance, regulations, order, or decree, whether such claim, judgment, demand, costs, liability or expenses arises from actions by himself, his employees, or agents or subcontractors..
10.1.1 Adherence to City Policies - The Contractor and its employees, agents and Subcontractors, while performing the Work or while on City property for any reason during the Term, shall adhere to the City’s
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policies applicable to City employees regarding drugs, alcohol and workplace violence.
10.1.2 Licenses and Permits - The Contractor will obtain, at its cost, all licenses and permits required to do the Work by the City, county, state, federal, or other applicable law or regulation. Any costs incurred for these permits and licenses must be included in the unit costs set forth in the Proposal for the Work. A Subcontractor shall also have the proper permits applicable to the Work to be performed by the Subcontractor.
10.1.3 Contract Law - This Contract shall be governed by, construed and enforced under the laws of the State of
Colorado, excluding statutes related to conflict of laws between different jurisdictions.
10.1.4 Contractor Liability - Nothing contained herein shall be deemed to create liability for the contractor for any design defects not managed by the Contractor.
Article 11. BONDS
11.1 BONDS: The Contractor shall, within the time specified in the Request for Bids, and before the commencement of any Work, provide the Owner with a separate:
a) Performance bond in an amount equal to 100% of the amount of the Contract Price as a guarantee of the Contractor’s faithful performance and completion of all undertakings, covenants, terms, conditions, warranties, and agreements of the Contract; and b) Payment bond in an amount equal to 100% of the amount of the Contract Price, which bond shall conform to the requirements of C.R.S. § 38-26-101, et seq., as amended, as a guarantee of the Contractor’s prompt payment to all persons supplying labor and materials in the prosecution of the Work provided by the Contract.
11.1.1 The Contractor shall use the Bond forms included with the Request for Bids. Other forms may be used if approved by the City Attorney before the submission of the Proposal.
11.1.2 The Contractor bears the expense of all Bonds.
11.1.3 The Contractor shall secure an increase in the bonds in an amount equal to the cost of any additional work authorized pursuant to a duly executed Change Order or Contract Amendment that increases the Contract Price by ten percent (10%) or more, unless waived in writing by the Project Engineer, or Project Manager.
11.1.4 The Contractor and a Surety shall execute the Bonds. The Surety shall be corporate bonding company acceptable to the Owner, licensed to transact such business in the State of Colorado, and listed in the U.S. Department of the Treasury Circular 570 in effect on the date of the Request for Bids. Evidence of authority of an attorney-in-fact acting for the Surety shall be provided in the form of a certificate as to its power of attorney and to the effect that it is not terminated and remains in full force and effect on the rate of the Bonds.
11.1.5 If at any time a Surety on any Bond becomes irresponsible, is disqualified from doing business in the State of Colorado, or becomes insolvent or otherwise impaired, the Contractor shall furnish Bond(s) from an alternate Surety acceptable to the Owner.
11.1.6 The Bonds shall remain in effect until Final Acceptance.
Article 12. WARRANTY
12.1 SCOPE OF WARRANTY: Contractor shall guarantee and warranty that the work and all of its components shall remain in good order and repair, be free from defects and flaws in design, workmanship, and materials; shall strictly conform to the requirements of this contract; and shall be fit, sufficient and suitable for the purposes expressed in, or reasonably inferred from, this contract, for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The warranty herein expressed shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto Owner. In all emergencies the Contractor shall immediately remedy, repair, or replace, without cost to the Owner and to the entire satisfaction of the Owner, defects, damages or imperfections due to faulty materials or workmanship appearing in said Work within said period of not less than one year. Remedied Work shall carry the same warranty as the original Work starting with the date of acceptance of the replacement or repair. Payment to the Contractor will not relieve him of any obligation under this Contract.
12.1.1 Damage Remedies - The Contractor, at no additional expense to the Owner, shall also remedy
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damage to equipment, the site, or the buildings or the contents thereof which is the result of any failure or defect in the Work, and restore any Work damaged in fulfilling the requirements of the Contract. Should the Contractor fail to remedy any such failure or defect within a reasonable time after receipt of notice thereof, the Owner will have the right to replace, repair, or otherwise remedy such failure or defect at the Contractor's expense. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director whose decision upon the matter shall be final and obligatory upon the Contractor.
12.1.2 Subcontractors, Manufacturers and Suppliers - Subcontractors', manufacturers', and suppliers' warranties and guarantees, expressed or implied, respecting any part of the Work and any material used therein shall be deemed obtained and shall be enforced by the Contractor for the benefit of the Owner without the necessity of separate transfer or assignment thereof.
12.1.3 Waiver - The rights and remedies of the Owner provided in this Section are in addition to and do not limit any rights and remedies afforded by the Contract or by law. The Contractor specifically waives all the provisions of Chapter 8 of Article 20 of Title 13, Colorado Revised Statutes regarding defects in the Work under the Contract.
12.2 OWNER'S RIGHT TO CORRECT: If, within five (5) business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet a warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this contract, or the Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses.
12.3 NONEMERGENCY WARRANTY WORK: In cases of warranty work which is not an emergency, all necessary repairs shall be made within a reasonable time not to exceed twenty (20) days after notice of the required repair is received by the contractor. For those items of warranty work which cannot be completed within said twenty (20) day period, the parties shall negotiate a reasonable period of time.
12.4 PERFORMANCE DURING WARRANTY PERIOD: The Project Engineer, or Project Manager, will notify the Contractor of defective Work that is found to be defective and fails to satisfy the warranties and guarantees described in this article, or elsewhere in the Contract Documents, and the Contractor shall, within ten (10) days or such longer time as may be requested and set forth in the notice, commence the repair, replacement, or correction of the defective Work. If the Contractor fails to complete such Work within a reasonable period, the Owner may make the repairs or replacements at the expense of the Contractor. If the Owner determines that immediate action to make repairs, replacements or other corrections is necessary because of emergency conditions or to prevent further loss or damage, the Owner may proceed without notice to the Contractor, but at the expense of the Contractor.
12.4.1 Failure to Correct - If the Contractor does not proceed with the correction of such defective Work within the time fixed by written notice from the Project Engineer, or Project Manager, or if an emergency condition exists, the Owner may remove and store any defective materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of the removal and storage within ten (10) days thereafter, the Owner may, upon ten (10) additional days’ written notice, sell the stored Work at auction.
If the proceeds of sale do not cover all costs that the Owner has incurred and which the Contractor should have borne, the difference shall be charged to the Contractor and the Contractor and its surety shall be liable for and pay such difference to the Owner.
12.4.2 Disputes - If the Contractor does not agree that the Work is defective or the defective Work is its responsibility and if no emergency condition exists, the Contractor may request review, in writing, of the Project Engineer, or Project Manager’s decision by the Director, in accordance with these General Conditions. If such review is not requested within ten (10) days of the notification of defective Work, the Contractor shall have waived the right to contest its responsibility for the correction of the defective Work. Under emergency conditions, the Contractor shall immediately correct the alleged defective Work, and the question of responsibility for the expense shall be determined by the Project Engineer, or Project Manager, subject to the right of the Contractor to seek review within ten (10) days of the Owner’s notice allocating responsibility for the expense.
12.4.3 Extension of Warranty Period - Should the Owner claim by written communication sent or mailed before the warranty or guarantee period expires that certain defective Work exists and that it requires repair or replacement, the warranty and guarantee period shall be automatically extended for as long as the defective Work exists.
Article 13. INSURANCE; RISK OF LOSS
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13.1 GENERAL REQUIREMENTS
13.1.1 Insurance Requirement - The Contractor, at its own cost, shall procure and maintain, and shall cause each Subcontractor to procure and maintain, policies containing the minimum insurance coverage listed in this article for the duration of the Work. Such coverage shall be procured and maintained with forms and insurers acceptable to the Owner. All coverage shall be continuously maintained from the date of commencement of Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
The Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by Owner. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved.
13.1.2 No Modification of Liability - The Contractor shall not be relieved of any liability, claims, demands or other obligations assumed pursuant to the Contract Documents by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The insurance requirements contained in the Contract shall not limit or redefine the obligations of the Contractor as provided elsewhere in the Contract. The limits of any insurance required by this Agreement will not limit Contractor’s liability.
13.1.3 Evidence of Coverage - Before commencing Work, the Contractor will provide certificates of insurance policies and all necessary endorsements evidencing insurance coverage required by the Contract Documents and identifying the Project. The Owner will not be obligated under the Contract until Contractor provides acceptable such certificates of insurance and endorsements. If the Term extends beyond the period of coverage for any required insurance, the Contractor will, at least ten (10) days before the expiration of any such insurance coverage, provide the Owner with new certificates of insurance and endorsements evidencing either new or continuing coverage.
13.1.4 Breach - Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the Owner at its discretion may procure or renew any such policy or any extended connection therewith, and all monies so paid by the Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the premiums against any monies due to Contractor from the Owner.
13.2 REQUIRED POLICIES AND LIMITS: The Contractor agrees to procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the contract documents by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.
Contractor shall procure and maintain, and shall cause each Subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor's Subcontractors in Contractor's own policy with respect to), the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Owner. All coverages shall be continuously maintained from the date of commencement of the Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
13.2.1 Workers' Compensation Insurance - This will cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers' Liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred Thousand Dollars ($500,000) disease - policy limit, and Five Hundred Thousand Dollars ($500,000) disease - each employee.
13.2.2 Commercial General Liability Insurance - Comprehensive general liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the performance of the Work with at least Three Million Dollars ($3,000,000) each occurrence and Three Million Dollars ($3,000,000) general aggregate, including the following coverages: broad form property damage; operations premises liability; personal and advertising injury liability, independent contractors coverage, contractual liability, completed operations/products liability; coverage for construction, means, and methods; and explosion, collapse, and underground liability (if the Work requires blasting, explosive conditions, collapse hazards or underground operations, this coverage shall contain no exclusion relative to property in the care, custody, or control of the insured).
13.2.3 Products and Completed Operations Insurance - Products and completed operations insurance insuring against any liability for bodily injury or property damage caused by the completed Work, with a combined single limit of at least One Million Dollars ($1,000,000) and Two Million Dollars ($2,000,000)
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general aggregate.
13.2.4 Builder’s Risk - Builder's Risk insurance with minimum limits of not less than the insurable value of the work to be performed under this contract at completion less the value of the materials and equipment insured under installation floater insurance. The policy shall be written in completed value form and shall protect the Contractor and the Owner against risks of damage to buildings, structures, and materials and equipment not otherwise covered under Installation Floater insurance, from the perils of fire and lightning, the perils included in the standard coverage endorsement, and the perils of vandalism and malicious mischief. Equipment such as pumps, engine-generators, compressors, motors, switch-gear, transformers, panel boards, control equipment, and other similar equipment shall be insured under Installation Floater insurance when the aggregate value of the equipment exceeds $10,000. The policy shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor or the Owner.
13.2.5 Comprehensive Automobile Liability Insurance - Comprehensive automobile liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by Contractor that are used in connection with performance of the Work, whether the motor vehicles are owned, non-owned, hired, leased, or borrowed, with a combined single limit of at least Two Million Dollars ($2,000,000) each occurrence, Two Million Dollars aggregate and personal injury protection per Colorado law.
13.2.6 Installation Floater – Floater with minimum limits of not less than the insurable value of the work to be performed under this contract at completion, less the value of the materials and equipment insured under Builder's Risk insurance. The value shall include the aggregate value of any City furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk insurance. The policy shall protect the Contractor and the Owner from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under Builder's Risk insurance, while in warehouses or storage areas, during installation, during testing, and after the work under this contract is completed. The policy shall be of the "all risks" type, with coverages designed for the circumstances which may occur in the particular work to be performed under this contract. The policy shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor or the Owner.
13.2.7 Other Insurance - Any other insurance required by applicable law.
13.3 TERMS OF INSURANCE
13.3.1 Additional Insured - Except for the workers’ compensation policy, all required insurance policies shall name the Owner, its officers and employees and any additional person or entity identified by the Owner as an additional insured and will provide that the Owner or other additional insured, although named as an additional insured, will nevertheless be entitled to recovery under said policies for any loss occasioned to the City or its officers, employees or agents or other additional insured by reason of the negligence of Contractor or its officers, employees, agents, subcontractors or business invitees. The insurance policies will be for the mutual and joint benefit and protection of the Contractor and the City and other additional insured, if any. Such policies will be written as primary policies not contributing to and not in excess of coverages the City or other additional insured may carry.
Every policy required above shall be primary insurance, and any insurance carried by the Owner, its officers, or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above.
13.3.2 Certificates of Insurance - Certificates shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Owner. Each certificate shall identify the Project. If the words "endeavor to" appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto.
13.3.3 Qualification; Deductible - Insurance required by this Section will be with companies qualified to do business in the State of Colorado and having an AM Best Rating of not less than B+ and/or VII. Insurance
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may provide for deductible amounts as the Contractor deems reasonable for the Services, but in no event greater than Twenty Thousand Dollars ($20,000.00) (unless waived by the Owner), and the Contractor will be responsible for the payment of any such deductible.
13.3.4 Cancellation - The coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Owner. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Owner may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the premiums against any monies due to Contractor from the Owner.
13.3.5 Coverage Type - Contractor will identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal Contractor changes to “occurrence,” the Contractor will carry a twelve (12) month tail. The Contractor will not do or permit to be done anything that will invalidate the policies.
13.3.6 No “Pollution Exclusion.” - The required insurance will cover any and all damages, claims or suits arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, and will not exclude from coverage any liability or expense arising out of or related to any form of pollution, whether intentional or otherwise. If the Contractor is unable to procure a policy of insurance in compliance with these provisions, the Contractor will secure and maintain either a rider or a separate policy insuring against liability for pollution related damages, claims or suits, as described in subsection ii(a), with at least Two Million Dollars ($2,000,000) each occurrence, subject to approval by the Owner.
Article 14. INDEMNIFICATION
14.1 CONTRACTOR TO OWNER: The Contractor shall, only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Contractor, indemnify, save harmless, and defend the City, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the City under the Contract; the Contractor’s failure to comply with the provisions of the Contract; the Contractor’s neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the “Workers’ Compensation Act,” by reason of the Contractor’s failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. Nothing in this article requires the Contractor to defend, indemnify, or hold harmless the City from the City’s own negligence.
14.1.1 The Contractor will include this article in all Subcontracts.
14.1.2 The City may retain so much of the money due the Contractor under the Contract as the City considers necessary to offset any damages for which Contractor may be liable under this paragraph. If no money is due, the Contractor’s Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that it and the City are adequately protected by public liability and property damage insurance.
14.1.3 The Contractor will pay the City all expenses incurred to enforce this article. If the insurer of the Contractor fails to provide or pay for the defense of the City of Englewood, its officers and employees, as additional insured, the Contractor agrees to pay for the cost of that defense.
14.1.4 This article will survive Final Acceptance and the termination of this Contract.
14.2 OWNER TO CONTRACTOR: The City cannot, under Article XI, Section 1 of the Colorado Constitution, and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose The Contractor and his Surety shall indemnify and save
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harmless the Owner, its officers, agents, employees, successors and assigns from all suits, demands, actions, or claims of any nature whatsoever brought or made against the Owner, its officers, agents, employees, successors or assigns from any injuries or damages sustained by any person, firm or corporation or property or resulting from or arising out of any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or as a result of any act or omission by the said Contractor, or from the use, misuse, storage or handling of explosives or on account of any claims or amounts recovered for any infringement of patent, trade- mark, or copyright, or from any claims or amounts arising or recovered under the Workmen's Compensation Laws, or any other law, by-law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract, as shall be considered necessary by the Owner, may be retained or, in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages as aforesaid, shall have been settled and satisfactory evidence to that effect furnished to the Owner.
14.3 NO PERSONAL LIABILITY OF THE PROJECT ENGINEER, OR PROJECT MANAGER: The Project Engineer, or Project Manager, is an agent of Owner and the Project Engineer, or Project Manager, his agents, heirs, successors and assigns shall have no liability to any third party as a result of his performance of under this Contract.
14.4 NO WAIVER OF LEGAL RIGHTS: Inspection by the Project Engineer, or Project Manager, or by any of his duly authorized representatives, of any order, measurement, or certificate by the Project Engineer, or Project Manager; of any order by the Owner for the payment of money; of any payment for or acceptance of any Work or any extension of time; or of any possession taken by the Owner, shall not operate as a waiver of any provision of the Contract, or any power therein provided. A waiver of any breach or term of the Contract shall not be deemed to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid, and to adjust the same to meet the requirements of the Contract and Specifications. The Owner reserves the right to claim and recover, by process of law, sums as may be sufficient to correct any error or make good any deficit in the Work resulting from such error, dishonesty, or collusion upon proof of collusion or dishonesty between the Contractor or his agents and the Project Engineer, or Project Manager, or his assistants, discovered in the Work after the final payment has been made.
Article 15. DEFAULTS, REMEDIES AND TERMINATION
15.1 NOTICE OF DISPUTES AND OBJECTIONS: If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the contract price or contract time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor shall, nevertheless, proceed without delay to perform the work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor shall be conclusively deemed to have waived all such disputes or objections and all claims based thereon.
15.1.1 Notice of Intent - The Contractor shall submit a “Notice of Intent to Claim” for any claim, dispute, or protest (“Claim”) of any decision or event arising out of or related to this Contract (other than those for which a specific procedure is set forth elsewhere in these General Conditions) in writing within ten (10) days of the later of the Contractor’s receipt of the Project Engineer, or Project Manager’s written instruction or decision (if applicable), deemed denial, or any other event giving rise to the claim, dispute, or other matter and shall include the basis for the Claim. The Notice of Intent to Claim shall be clearly titled as such, dated as of the actual date of submission, and numbered sequentially, and shall contain at a minimum:
a) Project title and number; b) Date of the event giving rise to the claim, dispute, or protest; c) A description of the Claim and the events giving rise to the Claim, including any original request and the Project Engineer, or Project Manager’s decision or denial; and d) The reasons why the Contractor believes additional compensation or time is due or charges were wrongly assessed; e) An accounting or estimate of all additional costs associated with the Claim; f) The Contractor’s plan for mitigating costs or delays associated with the Claim.
15.1.2 Claim - Within twenty (20) days after submitting the Notice of Intent to Claim, the Contractor shall submit to the Project Engineer, or Project Manager, a complete and itemized Claim that includes any claimed increase in Contract Time or Contract Price, or both. The Contractor may request an extension of time to submit the Claim, which extension may be granted by the Project Engineer, or Project Manager, provided that good cause is shown. The Claim must be described in sufficient detail to allow the Owner to evaluate the basis of and costs associated with the Claim.
a) A Claim for an increase in Contract Price shall be submitted based on actual costs whenever possible, rather than an estimate or opinion, shall be supported by invoices, time cards, and other
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business records commonly accepted in the industry, and shall comply with the requirements of these General Conditions concerning changes to the Contract Price. b) Any Claim for changes to the Contract Time shall include the information required by these General Conditions concerning changes to the Contract Time. The Claim shall be accompanied by copies of all Contract provisions or other documents supporting the Claim and a summary of the legal and factual theories supporting the Claim. A Claim for time extension must be accompanied by a revised Construction Schedule reflecting the effects of the delay on the completion of critical activities and showing actions that the Contractor has taken or proposes to take to minimize the effects of the delay. c) The Claim shall also identify any measures the Owner can take to minimize the Claim. d) The Contractor shall submit with its Claim a notarized certificate, executed under penalties of perjury, that:
• The Claim is made in good faith;
• All supporting data are accurate and complete to the best of the Contractor’s knowledge and belief; • The amount requested accurately reflects that Contract adjustment for which the Contractor believes the City is liable; and • The prices stated for material and equipment are the lowest reasonably available to the Contractor and include all available discounts.
e) If the Contractor is an individual, the certification shall be executed by that individual; if the Contractor is not an individual, the certification shall be executed by an officer or general partner of the Contractor or other person having written authority to sign the Claim. f) The Contractor shall furnish, upon request, all additional information and data that the Owner determines is needed to aid in resolving the Claim through negotiation or is required to complete an evaluation of the Claim. The Contractor shall give the City access to its books, correspondence, records, electronic files and data bases, and any other materials relating to the Claim, shall require its Subcontractors and Suppliers to provide the City with such access, and shall make its Personnel and that of its Subcontractors and Suppliers available to discuss and answer cost, schedule and other questions relating to the Claim. Clear copies of all necessary supporting records shall be provided to the City at no cost. Failure to submit requested information may be a basis for denial of the Claim.
15.2 NEGOTIATION OF DISPUTES: To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations.
15.3 DECISION: The Owner shall investigate, review, and evaluate the Claim and make a determination in writing within sixty (60) days of receipt of a completed and fully documented claim, unless special circumstances exist or the Claim is unusually complex, in which case the Contractor will be notified of any longer review period. If no determination is made within sixty (60) days, or by the end of any announced extended period of time, the claim is automatically denied.
The Contractor shall proceed diligently with performance of the Contract, pending final resolution of any Claim made under this article. Failure to proceed with the Work shall be grounds for suspension or termination of the Contract.
If the Contractor agrees with any determination or resolution by the City, such determination or resolution shall be processed as a Change Order
15.4 WAIVER: Failure to strictly meet any of the requirements of this article in a timely and complete manner shall constitute a waiver by the Contractor of any and all right to adjustments of Contract Time or Contract Price, either by administrative review or by any other action at law or equity.
Strict compliance with all provisions of this article shall be a condition precedent to the Contractor’s ability to file any lawsuit in law or equity, or recover any damages, in connection any Claim. 15.5 CONTRACTOR'S REMEDIES: If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 9.3 of this contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within ten days following receipt of such demand, then Contractor shall be entitled to pursue such remedies, not inconsistent with the provisions of this contract, as it may have in law or equity.
If the Contractor disagrees with the City’s determination of the Claim, the Parties shall first submit the dispute to non-binding mediation before seeking any remedy in any other forum. The mediator shall be a trained mediator having experience related to municipal construction projects. The Parties shall jointly select the mediator from a list of mediators proposed by the Parties. If the Parties are unable to agree on a mediator, the Parties shall submit three
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mediator names each and the mediator shall be selected by random drawing at which the Project Engineer, or Project Manager, and the Contractor are present. No discussions or statements of the mediator may be admitted as evidence in any subsequent litigation, nor may the mediator be called to testify in any litigation. The cost of the mediator shall be shared equally by the Parties.
Mediation in accordance with this section shall be a condition precedent to filing any lawsuit relating to any Claim.
15.6 OWNER'S REMEDIES: If it should appear at any time prior to final payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the work with diligence at a rate that assures completion of the work in full compliance with the requirements of this contract on or before the completion date, or has attempted to assign this contract or Contractor's rights under this contract, either in whole or in part, or has falsely made any representation or warranty in this contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this contract or has failed to pay its debts as they come due ("Event of Default"), and has failed to cure any such Event of Default within five business days after Contractor's receipt of written notice of such Event of Default, then Owner shall have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies:
a) Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the work site any such work; to accelerate all or any part of the work; and to take any or all other action necessary to bring Contractor and the work into strict compliance with this contract. b) Owner may perform or have performed all work necessary for the accomplishment of the results stated in Paragraph a above and withhold or recover from Contractor all the cost and expense, including attorneys' fees and administrative costs, incurred by Owner in connection therewith. c) Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the contract price. d) Owner may terminate this contract without liability for further payment of amounts due or to become due under this contract. e) Owner may, without terminating this contract, terminate Contractor's rights under this contract and, for the purpose of completing or correcting the work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the work, whether at the work site or elsewhere, and either complete or correct the work with its own forces or contracted forces, all at Contractor's expense. f) Upon any termination of this contract or of Contractor's rights under this contract, and at Owner's option exercised in writing, any or all subcontracts and supplier contracts of Contractor shall be deemed to be assigned to Owner without any further action being required, but Owner shall not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. g) Owner may withhold from any Progress Payment or final payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys' fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. h) Owner may recover any damages suffered by Owner.
15.7 OWNER'S SPECIAL REMEDY FOR DELAY: If the work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this contract, within the contract time as such time may be extended by a Change Order, then Owner may invoke its remedies under Section 9.6 of this contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the work is delayed beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge" set forth in Section 4.8, as well as any additional damages caused by such delay.
15.8 ATTORNEY FEES: In the event there is any dispute between the Contractor or the Surety and the Owner, its officers, agents or employees, and the Owner, its officers, agents or employees prevail, the Owner, its officers, agents or employees shall be granted all of its costs, including but not limited to attorney's fees, court costs and expert witness fees.
Article 16. INDEPENDENT CONTRACTOR
The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Contract to have entered into any partnership, joint venture, employer/employee or other relationship with the Owner other than as a contracting party and independent contractor.
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Article 17. DISPOSAL; HAZARDOUS SUBSTANCES
17.1 REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All structures or obstructions found on the site and shown on the Plans which are not to remain in place or which are not to be used in the new construction shall be removed as directed by the Project Engineer, or Project Manager. Unless specified in the Proposal, this Work will not be paid for separately but will be included in the price Proposal for that portion of the Work requiring the removal of the obstruction. All material found on the site or removed therefrom shall become the property of the Contractor unless otherwise indicated. Materials determined by the Project Engineer, or Project Manager, to be unsuitable for backfill shall be disposed of off the site at the Contractor's expense.
17.2 CLEANING UP AND RESTORATIONS: The Contractor shall clean up and lawfully dispose of all refuse or scrap materials so the site presents a neat, orderly, and workmanlike appearance at all times. The Contractor shall follow all direction from the Project Engineer, or Project Manager, as to the appearance of the site at all times.
The Contractor shall remove all mud or other materials tracked or otherwise deposited on any roadway daily or as directed by the Project Engineer, or Project Manager.
Upon completion of the Work, and before Final Inspection, the Contractor shall remove from the construction site and any occupied adjoining property all plants, buildings, refuse, unused materials, forming lumber, sanitary facilities, and any other materials and equipment that belong to the Contractor or any Subcontractors. The Contractor shall clean and replace any broken or scratched windows, clean and repair all surfaces, and clean and adjust all units of equipment that are part of the Work. Final Payment will not be made until all cleanup is done to the Project Engineer, or Project Manager’s, satisfaction.
At the Contractor’s cost, the Owner may clean up and restore the construction site satisfactorily when the Contractor fails to do so within two (2) days of the Project Engineer, or Project Manager’s, direction. The Owner may deduct any such cost from any payment due the Contract or may recover such costs from the Contractor or the Surety.
17.3 REMOVAL OF CONDEMNED MATERIALS AND WORK: The Contractor shall remove from the site of work without delay all rejected and condemned materials and work. Upon failure of the Contractor to remove and properly dispose of the rejected material or work immediately after receiving formal notice to do so, the Engineer may have such material or work removed and charge the cost of same to the Contractor.
17.4 PEST & VECTOR CONTROL: The Contractor will be responsible for pest control and vector control at the Work site until Substantial Completion. All pest and vector control activities shall be conducted in compliance with applicable laws, including ordinances, statutes and regulations governing the handling, storage and application of pesticides or other hazardous materials and substances.
17.5 HAZARDOUS SUBSTANCES: “Hazardous Substances” include any substance identified as a hazardous substance pursuant to any federal, state or local law or regulation regulating substances by reason of threats posed to public health and safety, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, and the Asbestos Hazard Emergency Response Act, all as amended.
17.6 EXISTING FACILITIES – HAZARDOUS SUBSTANCES MAY EXIST: Contractor acknowledges that most existing structures owned or operated by Owner may contain asbestos-containing materials, and the Site may also contain other Hazardous Substances.
17.7 NO INTRODUCTION OF HAZARDOUS SUBSTANCES: Contractor, its contractors, its Subcontractors, its Sub- subcontractors, its Suppliers, and their respective agents, representatives and employees shall not introduce or cause the introduction of Hazardous Substances to the Project. Except as provided below as to Ordinary Course Materials, in the event that Contractor, its contractors, its Subcontractors, its Suppliers, or their respective agents, representatives and employees introduce or cause the introduction of Hazardous Substances to the Project, Contractor shall pay for removal of all such substances and shall indemnify Owner and its successors as owners of the Property for all liability resulting from the introduction of such Hazardous Substances to the Project.
17.8 SUSPECTED HAZARDOUS SUBSTANCES: Contractor acknowledges that other Hazardous Substances may exist in building materials, soils, or equipment used on the Site. Contractor shall not be primarily responsible to identify Hazardous Substances existing on the Site; provided that Contractor shall be responsible to comply with all recommendations and requirements of environmental consultants furnished to Contractor in writing. Except as provided above and except for Ordinary Course Materials, if Contractor encounters what Contractor reasonably
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believes may be Hazardous Substances, Contractor shall immediately stop Work in the area affected and immediately report the condition to Project Engineer, or Project Manager, and Owner in writing. If, in fact, the materials are Hazardous Substances, the Work in the affected area shall not thereafter be resumed, except by written agreement of Owner and Contractor, until the Hazardous Substances have been removed or rendered safe by Owner in accordance with all applicable laws at Owner’s expense, and Owner has provided reasonable evidence thereof to Contractor. The Work in the affected area shall be resumed in the absence of Hazardous Substances, when any Hazardous Substances have been rendered harmless, or when the conditions in the preceding sentence have been satisfied. Unless such materials were introduced to the Project by Contractor, Subcontractors, Sub- subcontractors, Suppliers, or their respective agents, representatives and employees, Owner shall be responsible for all reasonable costs related to any testing, removal, encapsulation, or remediation of any such substances or materials, and any additional cost of the Work arising out of any delay in the Work caused thereby. Except as to such materials introduced to the Project by Contractor, Subcontractors, Sub- subcontractors, Suppliers, or their respective agents, representatives and employees, any delays arising out of such testing, removal, encapsulation, or remediation shall be an Owner Delay, but only to the extent that the same causes actual delay in the Work that satisfies all the requirements necessary to be an Owner Delay under Section 3.4.1; provided, however, that if the Agreement is a GMGC Agreement, any increases in the Cost of Work (and any associated Construction Fee and General Conditions fee, if applicable) in connection with any such Owner Delay shall be charged to the Contingency, and an increase in the Guaranteed Maximum Price shall be allowed, if at all, only to the extent that such amounts exceed the balance of the Contingency.
17.9 ORDINARY COURSE MATERIALS: Nothing contained herein shall be deemed to preclude Contractor from using and bringing onto the Property materials and substances (which are otherwise Hazardous Substances) used in the ordinary course of commercial construction in quantities typically and safely used for such purposes (“Ordinary Course Materials”). Contractor shall use all Ordinary Course Materials in accordance with all Current Laws and shall make sure that none of the Ordinary Course Materials are released or otherwise permitted to contaminate the Property or render the Property contaminated. Contractor shall defend and indemnify Owner against any claim, cost, loss, or damage resulting from the use of the Ordinary Course Materials in connection with the Project or resulting from the introduction of Hazardous Substances onto the Property in a manner not specifically permitted hereby. In the event Contractor recognizes any improper handling or storage of Hazardous Substances on the Site, including Ordinary Course Materials, or observes circumstances which contractor actually knows may result in the release or discharge of Hazardous Substances, whether or not by someone for whose acts Contractor is responsible, Contractor shall immediately notify Owner thereof.
Article 18. ROYALTIES AND PATENTS
18.1 PATENTS AND COPYRIGHTS: The Contractor’s Proposal price shall be considered to include a sufficient sum to cover all fees, royalties and claims for any material, artist rights, process, patent rights, machine, appliance, copyright, trademark, or any arrangement that may be used upon or in any manner connected with or appurtenant to the Work.
The Contractor shall provide a suitable legal agreement giving the Contractor the right to use any design, device, material, or process covered by letters patent or copyright, in the construction of the Project when the use has not been specified or required by the Drawings and Specifications. The Contractor shall file a copy of this agreement with the Owner, if requested. The Contractor and the Surety shall indemnify, defend and save harmless the Owner from all claims for infringements on patented design, devices, material, process or any trademark or copyright during the prosecution or after the completion of the Project.
If any design, device, material, process or product of a particular manufacturer covered by letters patent or copyright is specified for use by the Drawings and Specifications, the Owner is responsible for any claims for infringement by reason of the use of such design, device, material, process or product of a particular manufacturer; but the Contractor shall pay any royalties or license fees required.
No reports, graphics or other material produced specifically for the Owner under this Contract shall be the subject of an application for copyright or trademark by or on behalf of Contractor.
Article 19. DRAWINGS, DETAIL AND INSTRUCTIONS
19.1 DRAWINGS AND SPECIFICATIONS: This Section 2.2 shall be included in all subcontracts hereunder at all times. (a) In the Drawings and Specifications, the Owner intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work shown on the Drawings and described in the Specifications and all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the Owner. The Contractor shall complete all Work according to the Specifications and
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Drawings. (b) The Contract Documents are intended to be complementary, and Work called for on any Drawing and not mentioned in the Specifications, or Work described in the Specifications and not shown on any Drawing, is included under the Contract as if set forth in both the Specifications and Drawings. (c) Material and workmanship specified by the number, symbol, or title of a referenced standard shall comply with the latest edition or revision thereof and any amendments or supplements thereto in effect on the date the Proposal is received except where a particular issue or edition of a publication is indicated. In case of a conflict between the Drawings, Specifications and the referenced standard, the more stringent shall govern, as determined by the Project Engineer, or Project Manager. (d) If labor, materials or equipment, although not described by the Drawings or Specifications, is required to successfully complete the Work and can reasonably be inferred by competent contractors by virtue of common knowledge or customary practice in the construction industry from the Contract Documents as being necessary to produce the intended result, the Contractor shall perform that work or provide the materials or equipment as if they were specified. (e) Contractor shall carefully study the Contract Documents and, if Contractor identifies any discrepancies found between the Drawings and Specifications and site conditions and any adjacent work on which the Work is dependent and any errors or omissions in the Drawings or Specifications, shall promptly notify the Project Engineer, or Project Manager, of such discrepancies, errors, or omissions in writing, and any necessary changes shall be accomplished by issuance of an appropriate Change Order or Field Order. Any Work done by the Contractor after discovery of such discrepancies, errors or omissions prior to the issuance of a Change Order or Field Order is done at the Contractor's risk. In all cases, the Project Engineer, or Project Manager, shall decide the intent of the Drawings and Specifications. In the event such discrepancies exist and the Project Engineer, or Project Manager, is not so notified, the Project Engineer, or Project Manager, shall reserve the right to exercise sole arbitration authority. It is mutually agreed that all authorized alterations affecting the requirements and information given on the Approved Plans shall be in writing and approved by the Project Engineer, or Project Manager. (f) If the Contractor or any of its Subcontractors or Suppliers, knows or reasonably should know by virtue of common knowledge or customary practice in the construction industry that any of the Contract Documents are at variance with applicable laws, statutes, ordinances, building codes, or rules or regulations, in any respect, the Contractor shall promptly notify the Project Engineer, or Project Manager, in writing, and any necessary changes shall be accomplished by issuance of an appropriate Change Order or Field Order. The Contractor shall assume full responsibility for, and shall bear all costs attributable to work performed by the Contractor or any Subcontractor prior to the issuance of a Change Order or Field Order when any of them know or reasonably should know that it is contrary to such laws, statutes, ordinances, building codes, rules or regulations. (g) The Contractor, before commencing work, shall verify all governing dimensions, and shall examine, to the extent reasonable, all adjoining work on which its Work is in any way dependent. No disclaimer of responsibility for defective or non-conforming adjoining work will be considered unless written notice of the same has been filed by the Contractor and agreed to in writing by the Project Engineer, or Project Manager, before the Contractor begins any part of the affected Work. (h) The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Drawings, Specifications, instructions, Shop Drawings, product data, or samples for such portion of the Work.
19.2 COPIES OF DRAWINGS AND SPECIFICATIONS FURNISHED: The Project Engineer, or Project Manager, will furnish to the Contractor copies of Drawings and Specifications of the Work at reproduction costs (including labor) or electronic copies of Drawings and Specifications in electronic form at no charge.
19.3 UTILITIES: Delays relating to relocation of utilities should be anticipated for Work on or involving City rights- of-way.
It is the Contractor’s responsibility to verify all locations of existing structures and utilities shown on the Drawings and to ascertain whether any other structures and utilities exist. The Drawings show available information on the location of existing underground, surface and overhead structures and utilities. However, the Owner does not guarantee the results of the investigations are accurate or complete.
19.4 REQUESTS FOR CLARIFICATION AND INFORMATION: The Contractor shall submit any requests for information or clarification of Drawings and Specifications to the Project Engineer, or Project Manager, or to the person who has been designated by the Project Engineer, or Project Manager, to receive such requests. When the City responds to such requests for information or clarification, it will issue a response which can consist of a written explanation with or without drawings or other information in the City’s sole discretion. Such requests and responses to such requests shall neither authorize nor constitute changes in the Contract Time or Contract Price. If the Contractor believes that the response to any request for information or clarification requires a change in Contract Time or Contract Price, it shall submit a Contractor Change Request in accordance with the Contract Documents.
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The Contractor shall review and attempt to answer requests for information or clarification from its Subcontractors and Suppliers. Such requests shall be encompassed within the Contractor’s request for information or clarification by the Contractor to the Project Engineer, or Project Manager, if the Contractor is unable to answer such requests.
19.5 DIMENSIONS: Figured dimensions shall govern over scaled dimensions.
19.6 SHOP DRAWINGS
(a) The Plans will be supplemented by Shop Drawings as necessary to adequately control the Work or as specified. Shop Drawings are not part of the Contract documents. Shop Drawings may consist of drawings, diagrams, illustrations, schedules, calculations, and other data prepared by the Contractor, Subcontractor, manufacturer, supplier, or distributor, which will illustrate how specific portions of the Work shall be fabricated and/or installed in accordance with the Plan details and Specifications. The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Project Engineer, or Project Manager’s instructions. (b) Any Work done prior to the Owner's approval of Shop Drawings will be at the Contractor's risk. (c) The Project Engineer, or Project Manager, may request additional details and require the Contractor to make changes in the design which are necessary to conform to the provisions and intent of these Specifications without additional cost to the Owner. (d) The Contractor shall submit for approval three (3) hard copies and one electronic copy of all Shop Drawings and descriptive data as applicable showing all features not fully detailed on the Specifications but essential for a completely coordinated installation. After checking, one set will be returned to the Contractor. The Contractor will correct errors in Shop Drawings as directed by the Owner. (e) The Owner’s approval of Shop Drawings indicates only that the type and kind of equipment and general method of construction or detailing are satisfactory and in general compliance with the Contract Documents and design concept of the Project. The Contractor has the responsibility for incorporating into the Work satisfactory materials and equipment meeting the requirements of the Contract Documents, the proper dimensions, and the detailing of connections. Approval of the Shop Drawings by the Project Engineer, or Project Manager, shall not be construed as a complete check and verification, but will indicate that general conformance with the design concept and general compliance with the information given in the Contract has been achieved. Anyinformation or action to be taken as set forth in the Shop Drawings is subject to the requirements of the Plans and Specifications. The Project Engineer, or Project Manager, shall be notified in writing of any information in the Shop Drawings that deviates from the requirements of the Contract documents. Appropriate actionwill then be taken by the Project Engineer, or Project Manager. (f) The Contractor may not construe such approval as a complete check and approval does not indicate the waiver of any Contract requirement. Changes in the Work are authorized only by separate written Change Order. (g) Shop Drawings being returned will be stamped to indicate the following:
• Shop Drawings approved for use in construction will have one of the following statements checked: Approved, No Exception Taken, or Approved as Noted. • Shop Drawings to be corrected or redrawn and resubmitted for approval will have one of the following statements checked: Revise as Noted, Resubmit; orRejected.
(h) If Shop Drawings are returned for correction, corrections shall be made and the corrected drawings shall be resubmitted by the Contractor in the same manner as the first submittal. (i) The time required for approval of each submittal will not exceed four (4) weeks after Shop Drawings are received by the Project Engineer, or Project Manager. (j) It is the intent of these Specifications that no more than two submittals will be required. If, however, additional submittals are required by actions of the Contractor, the additional time for Shop Drawing approval will be borne by the Contractor. If additional submittals are required, or if Shop Drawing approval is delayed by actions of the Project Engineer, or Project Manager, and if the Contractor's controlling operations are delayed or interfered with by reason of the delay in Shop Drawing reviews, an extension of time commensurate with the delay in completion of the Work thus caused will be granted as provided in Subsection 6.7, Determination and Extension of Contract Time for completion (k) All Shop Drawings shall be 36 inches long and 22 inches wide overall. There shall be a two inch margin on the left side of the sheet and one-half inch margin on the other three sides. A blank space, six inches by three inches, shall be left near the lower right-hand corner for an approval stamp. (l) Where design notes or catalogue cuts are required, they may be submitted on 8-1/2 in. x 11 in. sheets in lieu of the size mentioned above. (m) There shall be a title block in the lower right-hand corner of each sheet. The title block shall show the Owner's name, structure number, the location of the structure, and the contents of the sheet.
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(n) The Contract price will include the cost of furnishing all Shop Drawings. Shop drawings and working drawings submitted to the Project Engineer, or Project Manager, by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Work, may be duplicated by the Owner and the Owner may use and disclose, in any manner and for any purpose such Shop Drawings and Working Drawings delivered under this Contract.
19.7 RECORD DOCUMENTS: (a) The Contractor shall keep one complete set of all current Drawings and Specifications at the work site and available to the Owner and its representatives at all times. The Contractor shall also keep a set of “shop” drawings on-site that contain all changes or deviations from the original drawings neatly marked thereon in brightly contrasting color. This shall be a separate set of drawings, not used for construction purposes, which shall be kept up to date as the job progresses and shall be made available for inspection by the Project Engineer, or Project Manager, at all times. Upon completion of the Contract, this set of drawings shall be delivered to the Project Engineer, or Project Manager. (b) The Contractor shall keep one record copy of all Amendments, Change Orders, Drawings, Field Orders, Shop Drawings and Specifications in good order. (c) The Contractor shall record any changes made during construction and any discrepancies between the Contract Documents and Work actually performed on the record copies (however minor or seemingly insignificant). The Contractor shall make a set of “Record Drawings” by marking this set of prints with all changes from the original Drawings as Proposal, including all Change Orders, alignment changes, depth changes of underground pipes and utilities, utility locations, and all other items that are not the same as originally drawn. The Contractor shall keep the Record Drawings up to date as the Project progresses. The Project Engineer, or Project Manager, may require, as a condition of the approval of any progress payment, periodic inspection of the Record Drawings. The Contractor will deliver the Record Drawings to the Project Engineer, or Project Manager, upon completion of the Project before Final Payment. (d) All Contract Documents are the property of the Owner and shall not be used by the Contractor for any purpose other than the Work to be performed under the Contract. At Final Acceptance, all Shop Drawings and Record Drawings, including all material in electronic format shall become the property of the Owner. The Contractor will be permitted to maintain a copy of the Drawings, Specifications and Shop Drawings as necessary to maintain a Contract record file. (e) The Contractor shall prepare and keep current a schedule of submittals that shall note all required submittals, submittal dates, required approval dates, and all required delivery dates.
19.8 OPERATING MANUALS AND PARTS LISTS: The Contractor shall submit four (4) complete operating manuals and parts lists to the Project Engineer, or Project Manager, for all items of mechanical and electrical equipment incorporated into the Work.
19.9 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS: Finished surfaces shall conform with lines, grades, cross sections and dimensions shown on the Approved Plans. Any deviation from the Plans and working drawings, as may be required by the demands of construction, will in all cases be determined by the Project Engineer, or Project Manager, and authorized in writing.
19.10 COORDINATION OF SPECIFICATIONS, PLANS AND SPECIAL PROVISIONS: The Specifications, the Plans, Special Provisions, and all supplementary Plans and documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative to describe and provide for a complete Work. In case of discrepancy, figured dimensions, unless obviously incorrect, shall govern over scaled dimensions. Plans shall govern over Specifications and Special Provisions shall govern over both Plans and Specifications. The Contractor shall not use to his advantage any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Project Engineer, or Project Manager, for his interpretation and decision and such decision shall be final. In the event contradiction and/or conflicts occur in the Specifications not otherwise covered by Special Provisions, the Specifications deemed by the Project Engineer, or Project Manager, to be most restrictive shall govern.
19.11 OWNERSHIP OF WORK PRODUCT: Contractor acknowledges that the Work Product and the copyright interest therein are owned by Owner. Contractor shall not be entitled to use the Work Product in connection with any construction other than the Project, and upon the completion of the Work or the termination of the Contract, Contractor shall return to Architect, at its request, all copies of the Work Product except one (1) signed record set of Construction Documents. Any technical models and/or computer files shall be the property of the Owner.
Article 20. RIGHT-OF-WAY
20.1 ACQUISITION OF RIGHT-OF-WAY: Before issuance of Notice to Proceed, the Owner shall obtain all land and right-of-way necessary for carrying out and completion of the Work to be performed pursuant to the Contract, unless
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otherwise mutually agreed. The Owner shall provide to the Contractor information that delineates and describes the lands owned and rights-of-way acquired, when necessary. The Contractor shall confine its operations within the areas designated by the Project Engineer, or Project Manager.
20.2 ACCESS TO RIGHT-OF-WAY: The Owner will make best efforts to provide right of access to all places necessary for the performance of the Work in a timely manner. The Owner will not be liable to Contractor for any delay in providing access for reasons outside the Owner’s control. Nothing contained in the Contract shall give the Contractor exclusive occupancy of the area provided by the Owner. The Owner, other contractors of the Owner and utility companies may enter upon or occupy portions of the land furnished by the Owner for any purpose, but without unreasonably interfering with the completion of the Project. Joint occupancy or use of the territory shall not be the basis of any claim for delay or damages.
If any part of the Project requires Work within the right-of-way of a roadway under the jurisdiction of the Colorado Department of Transportation (CDOT) the Contractor shall obtain the necessary permits from CDOT to perform such Work. The Contractor shall conform to all the requirements and restrictions indicated on the permit. The Contractor shall restore the area to its original condition, including reseeding if necessary, at the completion of the Project. The Contractor’s equipment shall not be stored on any traveled highway.
20.3 RIGHTS-OF-WAY: The Owner shall furnish all lands and rights-of-way required for completion of this Contract. In acquiring rights-of-way, the Owner will proceed as expeditiously as possible, but in the event all rights- of-way or easements are not acquired prior to the beginning of construction, the Contractor shall begin Work on such lands and rights-of-way as have been acquired. No claim for damage will be allowed or shall be made by reason of the Owner's delay in obtaining lands, easements or rights-of-way. In the event of litigation or other delays in acquiring rights-of-way, the time allowed herein for completion will be extended to compensate for the time actually lost by such delay.
Article 21. SUBMITTALS
21.1 SCHEDULE OF SUBMITTALS: Within thirty (30) days after the date of this Contract, Contractor and Engineer shall jointly prepare a schedule for submittals of shop drawings, samples, schedules and other submittals to be made by the Contractor, the review thereof by Engineer, and responses and resubmittals by Contractor based on the Engineer’s review. Contractor shall incorporate such schedule into the Project Schedule.
21.2 SCOPE OF ENGINEER’S REVIEW: Engineer shall review Contractor’s submittals of shop drawings, samples, schedules and other documents related to items to be incorporated in the Work for aesthetic effect. Contractor shall be responsible to ensure that such submittals conform to the Contract Documents, and the approval of such submittals by Engineer shall not relieve the Contractor from responsibility for any deviation of such submittals from the Contract Documents unless the Contractor gives the Engineer specific written notice of such deviation together with such submittal, nor shall it relieve the Contractor from responsibility for errors and omissions contained in such submittals.
21.3 REVIEW PROCESS: The review of Contractor’s submittals shall be conducted in accordance with the provisions of the specifications contained in the Construction Documents. Such specifications will be based on the Standards
Article 22. NOTICES
Notices required in this Contract shall be deemed to have been delivered five (5) business days after actual date of Notice of Award after having been placed in the U.S. mails, sent by certified mail, return receipt requested, addressed as set forth in the Contract Award page hereof, or to such other addresses as the parties may mutually designate in writing. All such notices shall be delivered to the parties at the addresses provided in the Agreement or at such other address as Contractor, Owner or Architect may determine for itself by notice given to the other parties. Each notice shall be deemed effective when actually delivered to the address for the party or delivery at such address is tendered and refused or, if the party has multiple addresses, when either actually delivered to, or delivery is tendered and refused at, each of the addresses for the party. Notwithstanding anything to the contrary herein, meeting notes and minutes prepared by Contractor shall not constitute notice of any fact regarding which notice is permitted or required to be given under the Contract, regardless of how such notes and minutes are delivered.
Article 23. OWNER’S GENERAL RESPONSIBILITIES
23.1 OWNER PERFORMANCE: The Owner will furnish the data, perform acts, and make payments as required by the Contract Documents.
The Owner shall not supervise, direct, or have authority or control over, nor be responsible for, the Contractor’s means, methods, techniques, sequences, or procedures of construction or safety precautions, or any failure of the
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Contractor to comply with any laws or regulations applicable to the Work. The Owner will not be responsible for the Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents.
The Owner’s promise to pay for the Work that the Contractor promises to perform is limited by the Owner’s Charter and its ordinances. A payment obligation of the Owner under this Contract, whether direct or contingent, shall extend only to funds appropriated by the Owner Council for the purpose of the Contract, encumbered for the purpose of the Contract and paid into the Owner or otherwise lawfully made available by the Owner. Unless authorized by law, (i) the Owner does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and (ii) this Contract is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the Owner. Other limitations are found in the law that the Contractor is presumed to know. Three such limitations on payment are listed below:
a) Under no circumstances will the Owner be liable for any extra Work that has not been authorized by a properly executed Change Order or Field Order.
b) No Change Order, Field Order, or other form of directive to the Contractor shall be issued, and no such order or directive shall be binding if issued, if: (i) it would directly cause the aggregate amount payable under the Contract to exceed the amount appropriated or otherwise lawfully made available for the Contract, or (ii) it would require the Contractor to perform additional compensable work which would cause the aggregate amount payable to exceed such appropriated or provided amount.
c) It shall be the Contractor’s responsibility to verify that the amounts already appropriated or otherwise made available for the Contract are sufficient to cover the entire costs of the Work. Any work undertaken or performed in excess of the amount appropriated or otherwise made available is undertaken or performed in violation of the terms of the Contract, without the proper authorization, and at the Contractor’s own risk.
Any limitations on the sources of funding for payments made under the Contract are stated in the Contract Documents.
23.2 PROJECT ENGINEER, OR PROJECT MANAGER: The Project Engineer, or Project Manager, is designated by the Owner to exercise all authority on its behalf under the Contract and to see that the Project is completed according to the Contract Documents. The Project Engineer, or Project Manager, may be changed by written notice to the Contractor.
The Project Engineer, or Project Manager, may assume exclusive control of the performance of the Contractor in the case of non-performance or if there is an imminent threat to life or safety of persons or property.
The Project Engineer, or Project Manager, will furnish all explanations, directions, stakes or markers, and inspections necessary to carry out and complete the Project. No inspection, explanation or direction by the Project Engineer, or Project Manager, shall be deemed authority for Contractor to deviate from the requirement that the Work be performed in accord with the Contract Documents.
23.3 RIGHT TO BAR PERSONS FROM THE WORK OR SITE: The Owner reserves the right to bar any person, including employees of the Contractor and Subcontractors, from the Work site by order of the Project Engineer, or Project Manager. This shall not be treated as a request for the employee’s termination but a request that the employee not be assigned to work on the Owner Work site. No increase in contract time or price is authorized as a result of the Owner’s exercise of this section.
23.4 ACCESS TO WORK: The Owner, its representatives, and participating federal or state agencies and other public authorities having jurisdiction established by law shall have access to the Project and Work site at any time for any purposes, including without limitation inspection, sampling, and testing. The Contractor shall provide proper facilities for access to the Project.
Access means wherever and whenever the Work is in manufacture, preparation or progress and includes access to payrolls, records of personnel not protected from disclosure by law, invoices of materials, terms and conditions of sale of materials and equipment to be incorporated in the Project, files, records, books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and any other relevant data and records relating to the Contract.
The Owner may, at reasonable times, inspect the part of the plant, place of business or worksite of the Contractor or Subcontractor at any tier that is pertinent to the performance of the Contract.
23.5 INSPECTION: The Owner shall appoint Inspectors to inspect the Project. Inspection may extend to all or any part of the Work. Inspectors are not authorized to alter any Contract Documents or to delay the fulfillment of the Contract by failure to inspect materials and Work with reasonable promptness. Inspectors are not authorized to act
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as foreman for the Contractor.
Article 24. CONCEALED CONDITIONS
24.1 DISCOVERY OF CONCEALED PHYSICAL CONDITIONS: In the event Contractor encounters subsurface or otherwise concealed physical conditions that differ materially from those conditions reasonably inferable from observations of the exposed surfaces of the Site and reports, surveys, assessments, record drawings and other information furnished by Owner or obtained by Contractor, Contractor shall provide Engineer and Owner notice thereof within two (2) business days after first discovering the same and shall suspend those portions of the Work that conflict with such conditions until receipt of further directions from Owner.
24.2 INSPECTION AND DRAWING UPDATE: Contractor and Owner shall inspect and evaluate such conditions, and Owner shall cause the Project Engineer, or Project Manager, if necessary, to prepare appropriate supplemental drawings or instructions to address or accommodate the conditions discovered.
24.3 DELAYS: Delay resulting from the suspension of Work pending the investigation of unforeseen concealed conditions shall be an Owner Delay, but only to the extent that the same causes actual delay in the critical path to complete the Work that satisfies all the requirements necessary to be an Owner Delay under Section 3.4.1 and all the requirements of Section 15.1.5 below.
24.4 CHANGE ORDER: If the actions necessary to address such conditions of the Site increase the Cost of Work or adversely impact the critical path to completion of the Work, Contractor may request that an Agreed Change or Change Directive be issued for changes in the Work reflected in the supplemental drawings or instructions prepared to address such conditions, subject to the provisions of Section 15.1.5 below.
24.5 COSTS
24.5.1 Reasonable Inference - Notwithstanding anything to the contrary provided herein, Contractor shall not be entitled to any increase in the Contract Sum or extension of the Milestone Schedule, nor shall any Owner Delay be deemed to have occurred,on account of any condition of the Site that was indicated in or reasonably inferable from (i) observations of the exposed surfaces of the Site and reports, surveys, assessments, record drawings and other information furnished by Owner or obtained by Contractor, (ii) a thorough inspection of the Site prior to the commencement of the Work (regardless of whether such thorough inspection was actually conducted), or (iii) other information and documents furnished to Contractor by Owner or others.
24.5.2 GMGC Agreement - If the Agreement is a GMGC Agreement, increases in the Cost of Work (and any associated Construction Fee and General Conditions fee, if applicable) in connection with any Agreed Change or Change Directive under Section 15.1.4 shall be charged to the Contingency, and an increase in the Guaranteed Maximum Price shall be allowed, if at all, only to the extent that such costs exceed the balance of the Contingency.
24.5.3 Disputes - Any dispute as to whether Contractor is entitled to receive an increase in the Contract Sum or extension of the Milestone Schedule on account of concealed conditions ofthe Site shall be a Dispute and shall, at the request of either Contractor or Owner, be submitted to Dispute Resolution.
Article 25. WAIVER
25.1 WAIVER: The waiver of any breach of a term, provision or requirement of this Contract, including the failure to insist on strict compliance or to enforce any right or remedy, shall not be construed or deemed as a waiver of: any subsequent breach of such term, provision or requirement or of any other term, provision or requirement; any right to insist on strict compliance with any term, provision or requirement; or any right to enforce any right or remedy with respect to that breach or any other prior, contemporaneous, or subsequent breach.
25.2 NO WAIVER: No inspection by the Project Engineer, or Project Manager, any other person acting on the Owner's behalf, nor any order, measurement, estimate or certificate by the Architect, nor any order by the Owner for the payment of money, nor any payment for or acceptance of any Work, nor any extension of time, nor any possession taken by the Owner, shall operate as a waiver of any right of Owner arising out of or related to the Contract. No waiver of any breach of the Contract shall be construed as a waiver of any other or subsequent breach thereof.
Article 26. OTHER CONDITIONS
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26.1 BINDING CONTRACT: The Contractor binds itself, its partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Contract. The Contractor shall not transfer, assign, or subcontract any interest in this Contract. It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors.
26.2 LEGISLATIVE OR JUDICIAL DECISIONS: If any provision of this Contract is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, and regulations of the United States of America and the State of Colorado, all other provisions of this Contract shall remain in full force and effect.
26.3 SUPERSEDING: This Contract represents the entire and integrated Agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Owner and Contractor.
26.4 PROFESSIONAL STANDARDS: Services and Work performed by Contractor under this Contract shall conform to reasonable and normal professional standards and the Contractor shall conduct himself at all times in a manner consistent with industry standards.
26.5 NOTIFICATION IN WRITING: No assignment of any claim or proceeds under this Contract shall be binding upon the Owner unless it shall be first notified thereof in writing.
26.6 HEADINGS FOR REFERENCE ONLY: The headings of the article, clauses, and paragraphs of this Contract are inserted for reference purposes only and are not restrictive as to content.
26.7 ONE INSTRUMENT: This Contract and any subsequent amendment shall be deemed an original having identical legal effect, and all of which together constitute one and the same instrument.
26.8 THIRD PARTY CLAIMS: Nothing contained herein shall be deemed to give any third party any claim or right of action against the Owner which does not otherwise exist without regard to this Contract.
26.9 CALENDAR DAYS: Wherever a number of days is specified in this Contract it shall mean calendar days unless otherwise specified.
26.10 WRITTEN CONSENT: This Contract shall not be assigned, in whole or in part, without the written consent of the Owner and Contractor.
26.11 REALLOCATION OF RESOURCES: When a delay on any aspect of the Work occurs, the Contractor, to the maximum extent possible, shall utilize his resources elsewhere on the project. If the Contractor, after complying the maximum extent possible by the reassignment of his labor force, equipment and materials, alleges to have suffered damages due to delay, and the delay is caused in whole or in part by acts or omissions within the control of the Owner or persons acting on its behalf, then such a claim shall be treated as a change order request and shall be processed in accordance with the change order, audit and inspection requirements specified in the General Provisions or it shall be deemed forever waived. Nothing herein contained shall be interpreted so as to allow the Contractor to recover delay damages from the Owner for delays caused by acts of God, the acts or omissions of the Contractor, its subcontractors, employees or agents, or persons over which the Owner has no control.
26.12 DISCLOSURE OF CONFIDENTIAL INFORMATION: The Owner is a municipality organized within the State of Colorado, and as such is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq (CORA). All Contract Documents, and any documents or reports produced pursuant to this Contract, may be subject to public disclosure. In the event that a party to this Contract receives an Open Records request, they shall notify the other party to this Contract. Contractor may act to protect and defend any of Contractor’s information disclosed to the City and labeled with a recognized privilege against disclosure.
26.13 AUDIT
27.1.1 Records and Reports - The Contractor shall keep and maintain and shall cause its Subcontractors, Suppliers and outside consultants to keep and maintain books, records, accounts and other documents (“records”) that are sufficient to accurately and completely reflect all costs incurred pursuant to the Contract that may be the basis of a Contractor Change Request or a claim by the Contractor. Such records may include the Proposal estimate, receipts, memoranda, vouchers, and accounts of every kind and nature pertaining to the performance of the Work including but not limited to job cost ledgers, invoices from and payments to Subcontractors, Suppliers and materialmen, and records of home and field office overhead, as well as complete summaries and reports setting forth all reimbursable man hours expended and payroll records.
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All such records shall be maintained for a period of three (3) years from the date of Final Payment under the Contract in which the Work is completed. All Subcontractors shall keep and preserve such records accounts for a period of three (3) years from the date of Final Payment under the subcontract.
27.1.2 Access - The Contractor shall permit the Owner and the its auditors to have access to such records and any information or areas as provided in these General Conditions for the purpose of making such financial audits, or verifications as the Owner deems necessary or appropriate concerning the Contractor’s performance under the Contract. Access will be provided at the Contractor’s regular place of business in Colorado at reasonable times and upon reasonable notice.
26.14 FEDERAL AID PROVISIONS: When the United States of America, acting through any of its duly constituted departments or agencies, provides funds to pay for any portion of the costs of Work performed under the Contract, the provisions of the Constitution, Laws of the United States and the rules and regulations promulgated by the department or agency thereof, pertaining to the utilization of such funds, shall be incorporated by reference as a part of the terms and conditions of the Contract and shall be observed by the Contractor. When the United States of America is involved as a result of providing funds to support the Work of the Contract, it may assign observers or inspectors as it deems necessary to ensure that purposes for which the funds were provided are achieved. However, such activity by the United States does not make it a party to the Contract and shall not interfere with the rights of either the Owner or the Contractor.
26.15 DUTIES & REMEDIES: The duties and obligations imposed by, and rights and remedies available under, the Contract Documents shall be in addition to, and shall not be in any way construed to be a limitation of, any duties, obligations, rights, and remedies imposed by or available by law or contract.
26.16 SURVIVAL: All representations, warranties, and guarantees made in the Contract Documents shall survive Final Payment, Final Acceptance, and termination of the Contract for any reason.
26.17 GOVERNMENT IMMUNITY: The City is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101, et seq., as from time to time amended, or otherwise available to City, its officers, or its employees.
26.18 CONSTRUCTION: The provisions of the Contract shall be construed as to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all Parties, and not for or against any party based upon any attributes to such party of the source of the language in question. No term of this Agreement will be construed or resolved in favor of or against the Owner or Contractor on the basis of which party drafted the uncertain or ambiguous language. Where appropriate, the singular includes the plural and neutral words and words of any gender will include the neutral and other gender. All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of the Contract.
26.19 NO IMPLIED REPRESENTATIONS: No representations, agreements, covenant, warranties, or certifications, express or implied, exist as between the Parties, except as specifically set forth in the Contract.
26.20 FINANCIAL OBLIGATIONS OF OWNER: All financial obligations of the City under the Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in the Contract shall be deemed a pledge of the City's credit, or a payment guarantee by the City to the Contractor.
26.21 ASSIGNMENT / TRANSFERENCE: The Contractor may not assign or transfer any interest in the Contract, including any money due or to become due, without the express prior written consent of the City.
26.22 AMENDMENTS: The Parties shall only amend the Contract in writing with the proper official signatures and, if required elsewhere in this Contract, on the proper forms.
26.23 NO THIRD-PARTY BENEFICIARIES: The enforcement of the terms and conditions of the Contract and all rights of action relating to such enforcement shall be strictly reserved to the Parties. The Parties expressly intend that any person other than the Owner and the Contractor shall be deemed to be only an incidental beneficiary under this Agreement.
26.24 INDEPENDENT CONTRACT – NO PARTNERSHIP OR AGENCY: Notwithstanding any language in the Contract Documents or any representation or warranty to the contrary, the relationship between the Contractor and the Owner shall be as independent contractors, and neither the Owner nor the Contractor shall be deemed or constitute an employee, servant, agent, partner or joint venture of the other. The Contractor is obligated to pay federal and state income tax on any money earned pursuant to this Contract, and neither the Contractor nor its employees, agents, or representatives are entitled to workers’ compensation benefits unemployment compensation benefits, sick and annual leave benefits, medical insurance, life insurance, or pension or retirement benefits from the Owner.
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26.25 GOVERNING LAW, JURISDICTION, VENUE: This Contract, and any amendments hereto are governed and to be construed according to the laws of the State of Colorado without regard to its conflicts of laws provisions. For all claims arising out of or related to this Contract, the Contractor consents to the jurisdiction of and exclusive venue in the state courts in the County of Arapahoe, State of Colorado. Contractor waives any exception to jurisdiction because of residence, including any right of removal based on diversity of citizenship.
26.26 ATTORNEY’S FEES AND COSTS: The prevailing party in any litigation to resolve a dispute between the Parties arising from this Contract will be entitled to recover court costs and reasonable attorney fees from the non-prevailing party.
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Deep Well Repair
Presented By
Englewood Utilities and South Platte Renew Director, Pieter Van Ry
Utilities Deputy Director –Business Solutions and Engineering,Sarah Stone
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Background and Purpose
•Englewood Utilities owns 3 deep wells
Well
Name:
LF-M2 A-M1 LA-5
Location:McLellan
Reservoir
McLellan
Reservoir
Broken
Tee
Aquifer:Laramie-
Fox Hills
Aquifer
Arapahoe
Aquifer
Arapahoe
Aquifer
•Well LF-M2 to repair
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Site Overview
History
•May 1993: Well Constructed
•May 2022: Well System Fails
•June 2023: Well Inspection
•March 2024: Well Capacity Test
•Well LF-M2 augments storage in
McLellan Reservoir
•Well site easily accessible for
construction
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Scope of Work
•Install new 350 GPM pump and
motor, lower in well
•Replace check valves
•Replace tubing and install new
electrical pipe
•Rehab well
•Start up and commissioning
915 ft: Static Water Level
1100 ft: Existing pump
1320 ft: New pump
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Selection Process
Vendor Hydro Resources Layne Colorado Pump Service
Pump $22,175 $16,000 $27,677
Motor $15,845 $28,000 $22,053
General Requirements
and Remaining Tasks
$71,750 $77,100 $100,797
Total $109,770 $121,100 $150,527
Owner Directed
Allowance
$14,900 $14,900 $14,900
•Invitation to Bid: Sept. 2024
•Addendum to RFP: Oct. 2024
•Qualification Based Selection
Layne selected
•Most experienced team
•Best quality motor
•Detailed well rehab plan
•6-week mobilization
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Recommendation
•Contract for Services (CFS) with Layne
Contract Amount:
$136,000
Contingency:
$13,600
Total Project Authorization:
$149,600
•Water and Sewer Board recommended City Council approval during its
January 14, 2025 meeting
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Questions?
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Thank you
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tim Dodd
DEPARTMENT: City Manager's Office
DATE: January 21, 2025
SUBJECT: Motion -Historic Englewood Contract Amendment
DESCRIPTION:
Approval of an amendment to an existing contract with Historic Englewood to develop and
implement murals related to the history of Englewood on the second floor of the Englewood
Civic Center.
RECOMMENDATION:
Staff requests that Council consider approval, by motion, of an amendment to the existing
contract between the City of Englewood ("the City") and the Englewood Historic Preservation
Society ("Historic Englewood") to provide cultural arts funding for the development and
installation of murals depicting the history of Englewood on the second floor of the Englewood
Civic Center.
PREVIOUS COUNCIL ACTION:
Approval of Amendment #1 to the agreement between the City and Historic Englewood
to provide for additional time to prepare for opening the agreed upon museum, as well
as a mechanism to provide agreed upon grant funding.(November 6, 2023)
Approval of contract with Historic Englewood for use of a portion of the Englewood Civic
Center (July 24, 2023)
Study Sessions- Representatives of Historic Englewood and Englewood Arts presented
information on their proposed use of space in the Englewood Civic Center (June 26,
2023)
Approval of contract with Historic Englewood for use of a portion of the Englewood Civic
Center (June 5, 2023)- Postponed
SUMMARY:
In 2023, the City entered into an agreement with Historic Englewood, under the terms of which
the City provided seeding funding and use of space in the Civic Center for the development and
implementation of the Historic Englewood Museum ("the Museum"). The Museum opened in
the spring of 2024, with a successful first exhibit focused on the history of Cinderella City.
Historic Englewood and the City discussed additional opportunities for collaboration, including
increased activation of the Englewood Civic Center and increased access to information about
the history of Englewood outside of museum hours and events. Staff proposes that Council
consider an amendment to the existing contract through which the City will provide funding and
wall space, in exchange for Historic Englewood installing and maintaining murals.
Page 281 of 371
ANALYSIS:
Project Goals
The City and Historic Englewood seek to continue successful collaboration on engaging the
community in the history of Englewood. Installing murals in the Englewood Civic Center relative
to the history of Englewood will:
Creatively recognize the history of Englewood;
Provide additional information related to the history of Englewood outside of the
dedicated museum space; and
Engage and activate space in the Englewood Civic Center.
Location
The murals would be located on four walls, including one column adjacent to a wall, in the open
lobby area on the second floor of the Englewood Civic Center, located at 1000 Englewood,
Parkway, Englewood, CO 80110. The attached PowerPoint presentation and draft contract
amendment include a diagram with the specific locations of the four walls:
Wall One (to the right of the Municipal Court/ Council Chambers entrance, facing the
entrance) with dimensions of 18.5 feet by 12.5 feet;
Wall Two (to the left of the Community Room entrance, facing the entrance), with
dimensions of 27.5 feet by 12.5 feet;
Wall Three (to the right of the Community Room entrance, facing the entrance) with
dimensions of 10 feet by 12.5 feet;
Wall Four (to the left of the Historic Englewood/ Englewood Arts entrance, facing the
entrance) with dimensions of 19.5 feet by 12.5 feet; and
A column (located in front of Wall Four), with a 6.5 foot circumference and 12.5 feet high.
Proposed Murals
Final mural proposals developed by Historic Englewood will be reviewed and approved by City
staff (for contract requirements) and the Cultural Arts Commission. While designs are still being
developed, Historic Englewood and the City desire that the murals will cover different periods of
Englewood's history. Mural layout will include:
A graphics wall- Collage of graphic elements including historic photos and imagery, as
well as some illustration and text;
An illustrations wall- One entire wall will be an illustration and incorporate some
additional illustrations into other walls; and
A timeline wall- One wall will include a timeline of the history of Englewood, which could
include some wall mounted framed photos and possibly a mounted television monitor
with a slide show of images.
Mural Requirements
The contract specifies that:
Each mural must relate to a specific point of time in the history of Englewood;
One mural must consist of a timeline of the history of Englewood;
As part of the expenses allocated for mural design and installation, Historic Englewood
may choose to mount a television monitor on one of the walls with rotating displays
relative to the history of Englewood;
Final designs for the murals must be submitted to the City and the Cultural Arts
Commission for approval 20 days or more before the installation of the murals;
At least one QR code must be installed as part of at least one of the murals, directing the
user to a City-sponsored website with additional information on the murals;
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Any reasonable maintenance to the murals will be borne by Historic Englewood. If
significant damage to the murals occurs, Historic Englewood will reach out to the City to
determine whether additional funding is required to replace damaged mural segments;
Within 20 days of the completion of the murals, Historic Englewood must hold an event,
open to the public, celebrating the installation of the murals; and
Murals are to remain in place through December 31, 2028. Thereafter, the City and
Historic Englewood will meet to determine whether the mural design should be refreshed
or replaced.
COUNCIL ACTION REQUESTED:
Staff requests that Council consider approval, by motion, of an amendment to the existing
contract between the City and Historic Englewood for the provision of funding in exchange for
the installation of Englewood history murals on the second floor of the Englewood Civic Center.
FINANCIAL IMPLICATIONS:
Under the terms of this amendment, the City will provide up to $30,000 in funding to Historic
Englewood for the installation of the murals. The City and Historic Englewood desire the total
amount of the project to be under $24,000, with the understanding that costs may be as high as
$30,000. Funds will be provided from the City's dedicated cultural arts fund. This is in addition
to a one-time grant of $50,000 that was provided to Historic Englewood as part of the original
contract to provide seed funds for the development and launch of the museum.
CONNECTION TO STRATEGIC PLAN:
Outcome: Community Wellbeing
Outcome: Community Engagement
*Staff will be asking Council, in 2025 updates to the strategic plan, to consider adding a project
specific to the Historic Englewood Museum and related murals.
OUTREACH/COMMUNICATIONS:
Under the terms of this agreement, Historic Englewood will be required, within 20 days of the
completion of the murals, to hold an event, open to the public, to celebrate the installation of the
murals. Under the terms of the original agreement, Historic Englewood agrees to open the
space for the public to interact with their collections for at least one day a week, and to offer at
least four events per year for Englewood residents which may be in the space.
The Cultural Arts Commission (CAC), a group of community members appointed by Council to
advise Council and staff on arts and culture programs and installations, recommended moving
forward with this project at their meeting on December 4, 2024.
ATTACHMENTS:
Historic Englewood Contract- Original Agreement
Historic Englewood Contract- Amendment #1
Contract Cover Sheet- Historic Englewood Amendment #2
Historic Englewood Contract- Amendment #2
Presentation- Historic Englewood Amendment #2
Page 283 of 371
CIVIC CENTER SECOND FLOOR LEASE TO
ENGLEWOOD HISTORIC PRESERVATION SOCIETY DBA HISTORIC
ENGLEWOOD
THIS USE AGREEMENT (the “Agreement''), made and entered into this day of
, 2023, (the “Effective Date”) by and between the the City of Englewood, a Colorado
Municipal Corporation (hereafter referred to as "City") and the Englewood Historic Preservation
Society, a Colorado not-for-profit corporation, doing business as Historic Englewood (hereafter
referred to as Historic Englewood).
RECITALS
WHEREAS, The City developed on a portion of the second floor of the Englewood Civic Center
building a cultural arts space (hereafter referred to as "the Space") to be used as a museum for the
community; and
WHEREAS, Historic Englewood is an Internal Revenue Code 501 (c) 3 organization engaged in
developing and presenting cultural programs for Englewood and the surrounding communities;
and
WHEREAS, It is the City's desire to maximize the use of the Space, thereby attracting increased
numbers of visitors to Englewood and the Civic Center; and
WHEREAS, The City desires to enter into this Agreement with Historic Englewood and assist
Historic Englewood in the conduct of its activities and operations in the Space and to clarify the
rights and duties granted by the City and accepted by Historic Englewood; and
WHEREAS, The City Council of the City of Englewood has resolved to enter into this Agreement
in accordance with the following terms.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and agreements herein, and for other good and valuable consideration, the sufficiency and receipt
of which is hereby acknowledged, the parties do hereby agree as follows:
Page 284 of 371
ARTICLE I
TERM
1.1 Premises. The City does hereby permit the non-exclusive right to Historic Englewood to
use a portion of the Space (“Premises” and “Common Areas” herein) located on the second floor
of the Civic Center as shown on the drawing attached hereto, located at 1000 Englewood Parkway,
Englewood Colorado as shown on Exhibit A attached hereto and incorporated herein.
1.1.2 Term of Use. The Initial Term of Use, which is the subject of this Agreement, shall
commence upon the first day of August 2023, and shall expire on the final day of December 2023.
Following the Initial Term of Use this Agreement will automatically renew for successive twelve
month terms until the termination of the Agreement.
1.1.3 Timing for Use. Historic Englewood agrees to substantially complete the build out of the
space in six months from the execution date of this Agreement and be open to the public for at
least one day per week after six months.
1.2 Utilities. The City shall be responsible, at no cost to Historic Englewood, for the cost of
utilities, such as heating, cooling, and electricity for the Space.
ARTICLE II
FEES & GRANT
2.1 In recognition of Historic Englewood’s work to create a local history museum in the Space,
the City will provide the Space to Historic Englewood at no cost and will contribute a grant not to
exceed $50,000 for improvements to the Premises and Space, indoor and outdoor signage, grant
writing, consulting, archiving, presentation equipment and displays, web development, and other
startup costs that facilitate development of the museum.
ARTICLE III
MAINTENANCE
3.1 Maintenance. The City, at its own expense, shall provide routine (non -event related)
maintenance and cleaning of the Space, per current City standards for the Civic Center. The repair of
faulty electrical wiring, not the result of misuse by Historic Englewood, shall be included in routine
maintenance. Also included in routine maintenance shall be the replacement of burned out light
bulbs. The City shall, subject to appropriation, make repairs to the Premises and Space, when
deemed necessary.
3.1.2 Use Commitment. Following construction of exhibition setup, Historic Englewood shall
commit to open the Premises and Space to the public one day per week and produce a minimum
of four historic lectures or other programs for the residents of Englewood. Historic lectures may
be held at other locations outside of the Space.
Page 285 of 371
3.2 Food and Beverage Service. Subject to the availability of food and beverage service
facilities in the Space, Historic Englewood shall be granted permission to serve food and beverages
to its patrons during its events. Historic Englewood shall be responsible for obtaining any required
health department permits and City and State sales tax licenses required for the sale of food and
beverages. Excluding a refrigerator for museum use, the addition of any temporary or permanent
food and beverage service facilities shall be subject to advance approval by the City.
3.2.1 Beverages Containing Alcohol or Liquor. Subject to the the provisions of section 3.2 of
this Agreement Historic Englewood shall be responsible for obtaining any required City and State
permits and sales tax licenses required for the sale of beverages containing alcohol or liquor.
3.2.1 Civic Center Entrances. The City agrees to keep all Civic Center public entrance doors open
during the regular business hours of the Civic Center and such times of Historic Englewood use of the
Space. Historic Englewood shall be responsible for notifying the City of event dates and times, or
any cancellations or changes in event dates and times, at least 48 hours in advance of any event.
ARTICLE IV
INSURANCE AND INDEMNITY
4.1 Historic Englewood Liability Insurance. Historic Englewood shall, during the Term of this
Agreement, keep in full force and effect a policy of commercial general public liability insurance
with personal injury and property damage limits in an amount of not less than $1,000,000 per
occurrence and $2,000,000 aggregate. The policy shall name the City as additional insured.
4.2 Historic Englewood Property Insurance. Historic Englewood agrees that it shall keep its
furniture, fixtures, artifacts, equipment, and all items it is obliged to maintain and repair under this
Agreement insured against loss or damage by fire and all risk endorsements. It is understood and
agreed that Historic Englewood assumes all risk of damage to its own property arising from any
cause whatsoever, including, but without limitation, loss by theft or otherwise.
4.3 Historic Englewood Indemnity. Historic Englewood shall indemnify and hold harmless
the City harmless from and against any and all losses, claims and damages arising from Historic
Englewood’s use of the Premises and Space, or the conduct of its business or from any act or
omission or activity, work or thing done, permitted or suffered by Historic Englewood in the Space,
and shall further indemnify and hold the City harmless from and against any and all claims arising
from any breach or default in the performance of any obligation of Historic Englewood to be
performed under the terms of this Agreement, or arising from any act or negligence of Historic
Englewood or any of its agents, contractors or employees, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in connection therewith. The City shall not be liable for injury
or damage, which may be sustained by the person, goods, wares, artifacts or property of Historic
Englewood, its employees, invitees or customers.
Page 286 of 371
ARTICLE V
DEFAULT
5.1 Default by Historic Englewood. Subject to the notice and cure rights set forth below, the
City may terminate this Agreement upon default by Historic Englewood under this Agreement
notice of default determination, which shall state the designated date of the default, shall be in
writing, delivered by certified U. S. Mail, Return Receipt Requested, at least thirty (30) days prior
to the designated date for default determination of this Agreement. Historic Englewood shall have
ten (10) business days from receipt of a default determination notice to correct or commence such
correction if such correction cannot be reasonably corrected within such ten (10) days. If so
corrected, or commenced and corrected, within a reasonable time then this Agreement shall not
terminate. Upon termination for default, Historic Englewood shall reimburse any and all charges
due to the City for which it is entitled under this Agreement.
5.3 Termination. The City may, without cause and without penalty, terminate this Agreement
with 60-days prior notice to Historic Englewood of the City’s desire to occupy the Space or vacate
the space as needed to facilitate the redevelopment of the building and associated City Center area.
In the event that the building in which the Space is located is sold or vacated prior to the termination
of this Agreement, or any subsequent renewal period, the parties hereby acknowledge that this
Agreement and the parties' duties under this Agreement shall terminate.
5.4 Notification of Termination. In the event that the Civic Center is redeveloped, or the City
requires Historic Englewood to vacate the Premises prior to the termination of this Agreement, or
any subsequent renewal, the City shall provide Historic Englewood with written notice at least 60
days prior to the required vacating.
ARTICLE VI
MISCELLANEOUS
6.1 Time of Essence. Time is of the essence.
6.2 Assignment. Historic Englewood shall not assign this Agreement or any interest herein,
without the prior written consent of the City, in its sole and subjective discretion.
6.3 Severability. The validity of a provision of this Agreement, as determined by a court of
competent jurisdiction, shall in no way effect the validity of any other provision hereof.
6.4 Entire Agreement. This Agreement, along with any exhibits or attachments hereto,
constitutes the entire agreement between the parties relative to the Space and Programming, and
there are no oral agreements or representations between the parties with respect to the subject
matter thereof. This Agreement supersedes and cancels all prior agreements and understandings
with respect to the subject matter thereof. The Agreement may be modified only in writing, signed
by both parties in interest at the time of modification.
Page 287 of 371
6.5 Third- Party Beneficiary. Nothing herein shall be construed as giving rise to any rights or
benefits to any third party. Historic Englewood and the City expressly disclaim any intent to create
any third-party beneficiary status or rights in any person or entity not a party to this Agreement.
6.6 Binding Effect: Choice of Law. Subject to any provision hereof restricting assigning
by Historic Englewood, this Agreement shall bind the parties, their successors, and assigns. The
laws of the State of Colorado shall govern this Agreement.
6.7 Authority. Each individual signing this Agreement on behalf of the respective parties
represents and warrants that he/she is duly authorized to sign and deliver this Agreement on behalf
of such party and that this Agreement is binding upon each party in accordance with its terms.
6.8 Notices. All notices, coordination, and other communication required or permitted
by this Agreement shall be made to the following persons:
City of Englewood Englewood Historic Preservation Society
City Manager Board of Directors
1000 Englewood Parkway P.O Box 11234
Englewood, CO 80110 Englewood, CO 80151
cmo@englewoodco.gov contact@historicenglewood.org
6.9 Nondiscrimination. Historic Englewood shall make its services and programs available to
all persons, regardless of race, color, age, creed, national origin, sex, or disability; and, through
exhibits and programming, will work to represent and highlight the diversity of cultures that have
shaped Englewood and historic Arapahoe County including Native Americans, Asian immigrants,
Hispanic immigrants to name a few.
6.10 Incorporation by Reference. This Agreement is made under and conformable to the
provisions of Englewood Municipal Code (EMC) § 4-1-3-4, which provides standard contract
provisions for all contractual agreements with the City. Insofar as applicable, the provisions of
EMC § 4-1-3-4 are incorporated by reference.
6.11 The Parties to this Agreement recognize that EEF will dissolve during the term of this
Agreement, and the City of Englewood will acquire ownership of the leased Premises and Space,
the City of Englewood will automatically become the sole lessor and any obligations of EEF
hereunder shall be automatically terminated.
6.12 Rental Records and Event Schedules. Historic Englewood shall create and maintain rental
records and event schedules for each rental or event at the Space. The rental records shall detail
rental rates, purpose of rental, policy regarding rental discounts, and names of in dividuals or
groups renting the Space. The Historic Englewood rental records or event schedules shall be made
available to the Public and the City and shall be provided upon the request of the Public or the
City.
6.13 Security. Historic Englewood shall insure that the doors to the Space are closed and secure
when the Space is not in use and afterhours.
6.14 Conference Room. Historic Englewood will be permitted the use of the conference room
located in the Space two times per month for their board meetings. Historic Englewood’s use of
Page 288 of 371
the conference room shall not conflict with E-Arts or City use of the room and Historic Englewood
will provide at least forty-eight hour notice to E-Arts and the City of their intent to use the
conference room.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures to the Agreement the
day and year above written.
CITY OF ENGLEWOOD
By:
City Manager
HISTORIC ENGLEWOOD
By:
President
Page 289 of 371
AMENDMENT NUMBER 1
TO CIVIC CENTER SECOND FLOOR
LEASE TO ENGLEWOOD HISTORIC
PRESERVATION SOCIETY DBA
HISTORIC ENGLEWOOD
THIS AMENDMENT NUMBER 1 to the Civic Center Second Floor Lease To Englewood Historic
Preservation Society DBA Historic Englewood, made and entered into on this ________ day of ________________,
2023, (the “Effective Date”) by and between the City of Englewood, a Colorado Municipal Corporation (hereafter
referred to as the “City”) and the Englewood Historic Preservation Society, a Colorado not-for-profit corporation,
doing business as Historic Englewood (hereafter referred to as Historic Englewood)., and collectively referred to as
the “Parties”.
WHEREAS, On August 9, 2023, the City entered into a Lease Agreement with Historic Englewood for a
museum on the second floor of the Civic Center; and
WHEREAS, the Agreement provided that Historic Englewood was to have substantially completed the
project and been open to the public within six months of the signing of the contact; and
WHEREAS, Historic Englewood has advised the City that they will not be able to comply with the agreed
to time frame due to issues procuring insurance coverage and other issues; and
WHEREAS, the City desires to detail with particularity the conditions and oversight of the Grant that is to
be awarded to Historic Englewood in the Agreement; and
WHEREAS, The Parties desire to enter into this Amendment Number 1.
NOW, THEREFORE, the City and Historic Englewood hereby enter into this Amendment Number 1 as
follows:
1. AMENDMENT TERMS
This Amendment is entered into to modify Article I section 1.1.3 and Article II of the original Agreement.
2. MODIFICATIONS AND AMENDMENTS
A. Section 1.1.3 Timing for Use. The section is modified as follows:
Historic Englewood agrees to substantially complete the build out of the space by March of 2024 and be
open to the public for at least one day per week by April 1, 2024.
Page 290 of 371
B. Article 2, Fees and Grant. This section is modified by adding section 2.2 to the Agreement:
I. General Obligations of the Parties
a. The City agrees to provide Historic Englewood with a Grant in the amount of $50,000.00.
b. The Grant Funds will be provided within 20 days of the receipt and approval by the City of Historic
Englewood’s proposed plan for the Space.
c. Historic Englewood agrees to complete a form provided by the City registering the organization with the
City in order to receive Grant Funds.
d. Historic Englewood agrees that Grant Funds shall only be used for the following purposes:
• Improvements to the premise and space;
• Indoor and outdoor signage;
• Grant writing;
• Consulting;
• Archiving;
• Presentation equipment and displays;
• Web development; and
• Other startup costs approved by the City that facilitate development of the museum.
e. Historic Englewood agrees to provide the City with an initial proposal for the use of the Grant Funds. The
initial proposal shall include plans for the space, cost estimates for each use of Grant Funds, time frames for
implementation of improvements, and any other proposed use of the Grant Funds.
f. Historic Englewood may not use any portion of the Grants Funds for any purpose other than as expressly
detailed in the proposed plan submitted and approved by the City.
g. Historic Englewood shall be solely responsible for payment of any subcontractors, and for procurement of
all equipment, materials, and other resources necessary for performance of the proposed plan.
II. Compliance and Monitoring
a. Historic Englewood shall maintain an accounting system and accurate and complete accounting records for
the use of Grant Funds. All expenses incurred must be supported by receipts and invoices and made available
to the City upon request.
b. Historic Englewood shall retain all original records pertinent to the use of the Grant Funds, and shall
make all records available to the City upon request.
c. Historic Englewood shall file periodic reports with the City on the expenditure of Grant Funds. The Reports
shall provide details about what the Grant Funds have been used for, and will include receipts for purchases,
contracts with vendors, and photos of capital improvements and initiatives funded by the Grant Funds.
d. The City will provide Historic Englewood with a template form to use for these reports, which must be
filed:
• Six months after the execution of this Amendment;
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• One year after the execution of the Amendment; and
• Within three months of the expenditure of the entirety of the grant funds.
3. INCORPORATION BY REFERENCE OF AGREEMENT, ANY PRIOR AMENDMENTS
Except as specifically modified herein, all other terms and conditions of the Lease Agreement and any prior
amendments thereto are incorporated by reference as if fully set forth herein, and shall continue in full force and
effect until the expiration of the term or termination of the Lease Agreement.
CITY OF ENGLEWOOD, COLORADO
By: __________________________________ Date: ________________________________
HISTORIC ENGLEWOOD
By: __________________________________
(Signature)
________________________
(Print Name)
Title: ___________________________
Date: ____________________________
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Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date 2/15/2025
Amendment Amount End Date 12/31/2028
Amended Contract Amount Total Term in Years Three
Vendor Contact Information:
Name Contact
Address Phone
Email
Englewood 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
Budget Authorization of Contract Work/Services
Englewood Preservation Society (dba Historic
Englewood)
1000 Englewood Parkway
PSA-Professional Services Agreement
Historic Englewood will be required to provide the City with a final quote from a vendor by February 15, 2025, and the City will release
the exact amount of the quote received from the selected vendor by March 15, 2025. The City and Historic Englewood desire the total
amount of the project to be under $24,000, with the understanding that costs may be as high as $30,000. Historic Englewood will
provide the City with a report, utilizing a report form provided by the City, which includes the final cost of teh mural installation and
development, as well as all other related costs. Paid invoices should be attached to the form, and is due to the City by July 1, 2025. The
City will provide Historic Englewood with the reporting form by May 1, 2025.
N/A- Considered a lease
$ 50,000
$ 30,000
$ 80,000
(303)-762-2317Tim Dodd
tdodd@englewoodco.govDeputy City Manager
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
In 2023, the City and Historic Englewood entered into a contract through which the City provided Historic Englewood with space on the second floor of
the Englewood Civic Center and $50,000 in seed funding to develop and implement the Historic Englewood Museum. In return, Historic Englewood
agreed to develop the space into a museum; to open it to the public at least one day per week; and to hold at least four historic talks per year that would
be open to the public. The City and Historic Englewood are seeking to amend the contract, under the terms of which the City will provide wall space on
the second floor of the Englewood Civic Center and up to $30,000 in funding for Historic Englewood to implement murals depicting the history of
Englewood.
Extension of an existing contract with an organization that exclusively focuses on the history of Englewood.
Budget authorization comes from the "Art in Public Places (1%)" fund, which is within the Capital Projects Fund (31).
Renewal options available The City may, without cause and without penalty, terminate this Agreement with 60-days prior notice to Historic Englewood of the
City's desire to occupy the Space or vacate it as needed to faciliate the redevelopment of the building and associated City Center area.
In the event that the building in which the Space is located is sold or vacated prior to the termination of this Agreement, or any
subsequent renewal period, the parties hereby acknowledge that this Agreement and the parties' duty under this Agreement shall
terminate.
80110
Payment terms
(please describe terms or
attached schedule if based
on deliverables)
(720)-841-5384
mjcrabtree21@gmail.com
Matthew Crabtree
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City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
Source of Funds:
CAPITAL ONLY Item A B C D 1=A-B-C-D
Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining
O 2025 31-1301-001 NO 112,840$ -$ -$ 30,000$ 82,840$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total Current Year 112,840$ -$ -$ 30,000$ 82,840$
C -$ -$ -$ -$ -$
C -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$ -$
GRAND TOTAL 112,840$ -$ -$ 30,000$ 82,840$
Process for Choosing Contractor:
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
PLEASE NOTE:
City Council Approval Required for the following:
- Budgeted Contracts or Agreements greater than $250,000
- Non-Budgeted Contracts or Agreements greater than $125,000
Solicitation Name and Number:
NOTES/COMMENTS (if needed):
For Operating Line Item Detail, please review information provided in OpenGov
For Capital Items, please review Prior Month's Project Status and Fund Balance Report
Art in Public Places
Solicitation Evaluation Summary/Bid Tabulation 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
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AMENDMENT NUMBER 2 TO CIVIC CENTER SECOND
FLOOR LEASE TO ENGLEWOOD HISTORIC
PRESERVATION SOCIETY DBA HISTORIC ENGLEWOOD
THIS AMENDMENT NUMBER 2 to the Civic Center Second Floor Lease To Englewood
Historic Preservation Society DBA Historic Englewood, made and entered into on this ________
day of ________________, 2025 (the “Effective Date”) by and between the City of Englewood,
a Colorado Municipal Corporation (hereafter referred to as the “City”) and the Englewood Historic
Preservation Society, a Colorado not-for-profit corporation, doing business as Historic Englewood
(hereafter referred to as Historic Englewood) and collectively referred to as the “Parties”.
WHEREAS, On August 9, 2023 the City entered into a Lease Agreement with Historic
Englewood for a museum on the second floor of the Englewood Civic Center; and
WHEREAS, on November 6, 2023, the City entered into Amendment Number 1 modifying
Article I and Article II of the original Lease Agreement; and
WHEREAS, the Parties desire to amend the Lease Agreement to provide funding to
Historic Englewood for murals on the second floor of the Englewood Civic Center; and
WHEREAS, the Parties agree to continue to operate and abide by the terms and
conditions of the Lease Agreement and Amendment Number 1.
NOW, THEREFORE, the City and Historic Englewood hereby enter into this Amendment
Number 2 as follows:
1. AMENDMENT TERMS
This Amendment is entered into to modify the terms of the Lease Agreement to modify Article I
and Article II to provide additional funding to Historic Englewood to install murals on the second floor of
the Englewood Civic Center.
2. MODIFICATIONS AND AMENDMENTS
A. Article I, Section 1.3 Murals. The following section is added to the Lease Agreement:
Historic Englewood agrees to, with prior design approval by City staff and the City’s Cultural
Arts Commission (CAC), develop and implement murals on the walls located in the atrium
area of the second floor of the Englewood Civic Center. Murals will be installed on the
following surfaces:
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• Wall One (to the right of the Municipal Court/ Council Chambers entrance, facing the
entrance), with dimensions of 18.5 feet by 12.5 feet;
• Wall Two (to the left of the Community Room entrance, facing the entrance), with
dimensions of 27.5 feet by 12.5 feet;
• Wall Three (to the right of the Community Room entrance, facing the entrance), with
dimensions of 10 feet by 12.5 feet;
• Wall Four (to the left of the Historic Englewood/ Englewood Arts entrance, facing the
entrance) with dimensions of 19.5 feet by 12.5 feet; and
• A column (located in front of Wall Four), with a 6.5 foot circumference and 12.5 feet
high.
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B. Article I, Section 1.3.1 Mural Timing. The following section is added to the Lease Agreement:
Historic Englewood agrees to install the agreed upon murals on the second floor atrium of the
Englewood Civic Center by May 15, 2025, with a mutual goal of completing installation by
April 1, 2025.
C. Article I, Section 1.3.2 Mural Content. The following section is added to the Agreement:
Historic Englewood agrees to install five murals on defined wall spaces on the second floor of
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the Englewood Civic Center.
• Each mural must relate to a specific point of time in the history of Englewood;
• One mural must consist of a timeline of the history of Englewood;
• As part of the expenses allocated for mural design and installation, Historic Englewood
may choose to mount a television monitor on one of the walls with rotating displays
relative to the history of Englewood;
• Final designs for the murals must be submitted to the City and the Cultural Arts
Commission for approval 20 days or more of the installation of the murals;
• At least one QR code must be installed as part of at least one of the murals, directing
the user to a City-sponsored website with additional information on the murals;
• Costs for any reasonable maintenance of the murals will be borne by Historic
Englewood. Reasonable maintenance shall be defined as performing the necessary
upkeep on the murals to keep them in working condition. This would include cleaning
at regular intervals or as necessary, minor repairs (such as repairing damage to picture
frames), and following manufacturer guidelines for installed components, such as
television monitors. If significant damage to the murals occurs, Historic Englewood
will reach out to the City to determine whether additional funding is required to
replaced damaged mural segments;
• Within 20 days of the completion of the murals, Historic Englewood must hold an
event, open to the public, celebrating the installation of the murals; and
• Murals are to remain in place through the December 31, 2028. Thereafter, the City
and Historic Englewood will meet to determine whether the mural design should be
refreshed or replaced.
D. Article II, Section 2.3 Mural Fees, and Grants. The following section is added to the Lease
Agreement:
The City agrees to provide up to $30,000 to Historic Englewood for all costs associated with
the development and installation of the murals, including an event to celebrate their
installation. Funds may be used for:
• Design and illustration of the murals;
• Printing and installation of the murals;
• Miscellaneous materials costs; and
• An event to celebrate the unveiling of the murals.
Historic Englewood will be required to provide the City with a final quote from a vendor by
April 1, 2025, and the City will release the exact amount of the quote received from the selected
vendor by May 1, 2025. The City and Historic Englewood desire the total amount of the project
to be under $24,000, with the understanding that costs may be as high as $30,000. Historic
Englewood will provide the City with a report, utilizing a report form provided by the City,
which includes the final cost of the mural installation and development, as well as all other
related costs. Paid invoices should be attached to the form, and is due to the City by August 1,
2025. The City will provide Historic Englewood with the reporting form by June 1, 2025.
3. INCORPORATION BY REFERENCE OF LEASE AGREEMENT AND PRIOR
AMENDMENTS
Except as specifically modified herein, all other terms and conditions of the Lease Agreement and
any prior Amendments thereto are incorporated by reference as if fully set forth herein, and shall continue
in full force and effect until the expiration of the term or termination of the Lease Agreement.
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CITY OF ENGLEWOOD, COLORADO
By: __________________________________ Date: ________________________________
HISTORIC ENGLEWOOD
By: __________________________________
(Signature)
________________________
(Print Name)
Title: ___________________________
Date: ____________________________
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Amendment to the
Agreement Between the
City and Historic
Englewood: Installation
of Englewood History
MuralsPa
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Background
•Council Study Session- Representatives of Historic
Englewood and Englewood Arts presented information
on their proposed use of space in the Englewood Civic
Center (June 26, 2023)
•Approval of contract with Historic Englewood for use of a
portion of the Englewood Civic Center (July 24, 2023)
•Approval of amendment to contract to provide for
additional time to prepare for opening of the museum, as
well as a mechanism to provide agreed upon grant
funding (November 6, 2023)
•Approval of mural concept by Cultural Arts Commission
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Project Goals
•Creatively recognize the history of
Englewood
•Provide additional access to
information related to the history
of Englewood, outside of the
dedicated museum space
•Engage and activate space in the
Englewood Civic Center
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Mural Requirements
•Five murals total, including one on a column adjacent to Wall #4
•Each mural must relate to a specific point in time in the history of
Englewood
•One mural must consist of a timeline of the history of Englewood
•Historic Englewood may choose, as part of the total cost, to mount a
television monitor on one of the walls with rotating displays
•Final design must be submitted to the City and Cultural Arts
Commission for approval 20 days or more ahead of the installation of
the murals
•At least one QR code must be installed as part of at least one of the
murals, directing the user to a City-sponsored website with additional
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Mural Requirements
•Any reasonable maintenance costs will be
borne by Historic Englewood
•If significant damage to the murals occurs,
Historic Englewood will reach out to the City to
determine whether additional funding is
required to replace damaged mural segments
•Within 20 days of the completion of the murals,
Historic Englewood must hold an event, open to
the public, to celebrate the installation
•Murals are to remain in place through December
31, 2028.
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Locations of Murals
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Locations of Murals
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Locations of Murals
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Proposed Mural Concepts
•Final mural proposals developed
by Historic Englewood will be
reviewed and approved by City
staff (for contract requirements)
and the Cultural Arts Commission
•Designs are still being developed,
but Historic Englewood and the
City desire that the murals will
cover different periods of
Englewood’s history
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Proposed Mural Concepts
Mural layout will include:
•A graphics wall, including a collection
historic photos and imagery
•An Illustrations wall- An illustration
taking up a full wall, and incorporating
illustrations into other walls
•A timeline wall- A timeline of the
history of Englewood, which could
include mounted framed photos and a
television monitor with rotating images
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Cost Estimates
•Design/ Illustration Costs-
$4,800-$8,200
•Printing and Installation
Costs- $12,200-$18,000
•Misc. Materials Cost: $3,000-
$5,000
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Funding- Uses
•Design and illustration
of the murals
•Printing and installation
of the murals
•Miscellaneous materials
costs
•An event to celebrate
the unveiling of the
murals
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Funding
•Funding Source- “Art in Public Places (1%)
in the Capital Projects Fund
•Not to exceed amount of $30,000, with a
goal of expending approximately $24,000
•Historic Englewood will send a vendor
quote to the City by April 1, 2025
•The City will release the exact amount of
the quote by May 1, 2025
•A form with paid invoices will be provided
by Historic Englewood to the City by
August 1, 2025
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Questions?
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tre Blake
DEPARTMENT: Public Works
DATE: January 21, 2025
SUBJECT:
Motion - City Center Property Management - New Contract -
Landscaping / Ground Maintenance
DESCRIPTION:
New Contract for Landscaping / Ground Maintenance Service with Environmental Designs.
RECOMMENDATION:
Staff recommends Council approve, by consent, the new contract with Environmental Designs
for the not-to-exceed amount of $280,000 for City Center Property Management (CCPM).
PREVIOUS COUNCIL ACTION:
N/A
SUMMARY:
A Request for Proposal (RFP No. 24-028) for City Center Property Management (CCPM)
Landscaping Services was issued September 24, 2024 and four (4) proposals were received
October 22,2024:
ARC Construction Solutions LLC;
DCPS Cleaning dba Integrated Cleaning Services;
DPX; and
Environmental Designs.
The Proposals were evaluated and scored based on the criteria provided in the RFP and all four
(4) vendors were interviewed.
Environmental Designs was the selected contractor.
ANALYSIS:
The number of renewals allowed for previous contracts for this service had been used.
A Request for Proposal (RFP 24-08) was issued to solicit new vendor contracts for 2025.
CityCenter development is located in the northeast quadrant of Highway 285 and S. Santa Fe
Drive in Englewood, Colorado. The area comprises approximately 55 acres in total. The
common areas (approximately 12 acres) are the responsibility of City Center Property
Management (CCPM) to maintain while the individual buildings are owned and leased by private
entities.
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This contract request is to provide high-quality landscaping and ground maintenance services
including, but not limited to, grass mowing, power washing, and tree trimming. The site includes
exterior of City Center, the parking garage, adjacent light rail station, amphitheater, fountain
area, sidewalks / walkways, paved roads, parking lots and and an alley near Highway 88
(Belleview) and South Broadway.
Typical services may include, but are not limited to, general cleaning and disposing of trash and
large items of all common areas including sidewalks, planters, roadways, grassed areas, and
the parking garage. Different seasons of the year will dictate different maintenance activities
such as leaf removal, grass cutting, tree trimming, etc.
The contract amount requested is to cover typical monthly maintenance and to address and
repairs, cleanup or other maintenance items that occur in the space.
Environmental Designs is familiar with the property, services required, and has provided
superior landscaping services in the past under different company names.
COUNCIL ACTION REQUESTED:
An Staff recommends that Council approve, by consent, a Contract for Environmental Designs
in the not-to exceed amount of $280,000.
FINANCIAL IMPLICATIONS:
Year Fund N0. Fund Title Budget Amount
2025 02 1010 54201 Landscaping Yes $280,000.00
Total = $280,000.00
CONNECTION TO STRATEGIC PLAN:
Infrastructure, Local Economy
OUTREACH/COMMUNICATIONS:
NA
ATTACHMENTS:
CFS-24-230 Landscaping and Grounds Maintenance
Contact Approval Summary (CAS)
Memorandum of Approval - Public Works
Landscaping Map
PowerPoint Presentation
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Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date TBD
Amendment Amount End Date
Amended Contract Amount Total Term in Years
Vendor Contact Information:
Name Contact
Address Phone
Email
Centennial 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
Budget Authorization of Contract Work/Services
Environmental Designs
15603 E Fremont Avenue
CFS-Contract for Services
The contract dates will be finalized after Council review scheduled for January 21, 2025.
CFS-24-230_Landscaping & Grounds Maintenance
$ 280,000
$ -
303 994-4367Tre Blake
tblake@englewoodco.govCCPM Coordinator
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
The Contractor will provide the City Center Property Mainenance (CCPM) with landscaping and ground maintenance services.
Services include general cleaning of all common areas. Different seasons of the year will dictate different maintenance activities such as leaf removal,
grass cutting, tree trimming, etc.
A Request for Proposal (RFP-24-028) was issued and four (4) proposals were received. The proposals were evaluated and scored and vendors were
interviewed. Environmental Designs was the selected contractor.
Fund 02-General Fund for 1010-City Center Property Management for Contracted Services 54201 was budgeted for 2025.
Renewal options available A one-year contract, with the option to renew for four (4) additional one-year periods.
80112
Payment terms
(please describe terms or
attached schedule if based
on deliverables)
303 901-9561
Brian.peck@environmentaldesigns.com
Brian Peck, Branch Manager
Page 331 of 371
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
Source of Funds:
CAPITAL ONLY Item A B C D 1=A-B-C-D
Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining
O 2025 02 1010 54201 Yes 1,379,807$ -$ -$ 280,000$ 1,099,807$
O 02 1010 54201 -$ -$ -$ 550,000$ (550,000)$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total Current Year 1,379,807$ -$ -$ 830,000$ 549,807$
C -$ -$ -$ -$ -$
C -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$ -$
GRAND TOTAL 1,379,807$ -$ -$ 830,000$ 549,807$
Process for Choosing Contractor:
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
PLEASE NOTE:
City Council Approval Required for the following:
- Budgeted Contracts or Agreements greater than $250,000
- Non-Budgeted Contracts or Agreements greater than $125,000
Request for Proposal (RFP-24-028) Solicitation Name and Number:
NOTES/COMMENTS (if needed):
The City of Englewood contributes a percentage of the overall budget and funding for the Common Area Maintenace (CAM) for the City Center Property
Maintenance (CCPM / formerly EEF). The COE shares the cost for the upkeep of the properties with the other tenants utilizing the space. Public Works is
responsible for soliciting and managing the vendor contracts.
Snow & Ice Removal
Landscaping
Solicitation Evaluation Summary/Bid Tabulation Attached
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation Attached
Contract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
Page 332 of 371
Approval of a Contract for
Landscaping Services City Center
Property Management
Presented By
Melinda Goblirsch –City Architect
Tre Blake –Facilities Project Administrator
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Purpose of the Contract
•Vendors had depleted the number of renewals allowed.
•A Request for Proposal (RFP) for Landscaping Services was issued on
September 24th, 2024.
•Four (4) Proposals were received.
•Staff evaluated and scored based on several criteria and all four contractors
were interviewed
•Environmental Designs was selected.
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Purpose of the Request
•City Center Property Management ( CCPM)seeks approval for a Contract with
Environmental Designs to provide the Landscaping / Ground Maintenance.
•Services include general cleaning, leaf removal, grass cutting, tree trimming,
irrigation repair and maintenance.
•Environmental Designs has provided responsive, quality service, for the last
five (5) years under different company names.
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Analysis
•Civic Center and surrounding properties require
continuous landscaping / maintenance services to
maintain a clean and safe environment for City
employees, transit users, tenants, customers and
visitors. Service required extends over a large area.
•Environmental Design is familiar with the property
and has provided superior Landscaping /
Maintenance service.
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Financial Implications
•Funding Source:
Year Fund No.Fund Title Amount
2025
02 1010 54201 Professional Services $ (280,000)
Total $ (280,000)
The City of Englewood’s Public Works (PW) Department is responsible for managing the Common Area
maintenance (CAM) agreements for the foreseeable future.
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Summary
•An RFP was published to solicit proposals for CCPM Landscaping and
Ground Maintenance services.
•Staff requests that City Council approve, by consent, a Contract for
Environmental Designs in the not-to-exceed amount of $280,000.
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Questions?
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City of Englewood
Public Works
1000 Englewood Parkway
Englewood, CO 80110
303-762-2340
MEMORANDUM
TO:Victor Rachael, Director of Public Works
THROUGH: Ron Thornton, Deputy Director O&M Public Works Reviewed: _RT____
FROM: Melinda Goblirsch, City Architect
DATE: January 7, 2025
SUBJECT: City Center Property Maintenance (CCPM)
Request for Approval of Contract for Landscaping / Ground Maintenance Services
Facility Project Management seeks approval of a Contract for Landscaping and Ground Maintenance
Services in the amount of $280,000.00.
An RFP for landscaping and ground maintenance services was issued and four (4) proposals were
received:
ARC Construction Solutions LLC
DCPS Cleaning dba Integrated Cleaning Services
DPX
Environmental Designs
The proposals were evaluated and scored based on the criteria provided in RFP #24-028. A weighted
total score was determined based on Project Understanding & Management Approach (30%); Project
Team Experience & Technical Capability (40%); and Price (30%).
The selection committee interviewed all 4 (four) vendors.
Environmental Designs was the selected contractor.
Action Requested:
A one-year contract, with the option to renew for four (4) additional one-year periods.
Contract requested is for a Not-to-Exceed amount of $280,000.00
Funding:Project Number: 02 1010-02 1010 010
G/L Account: 02-1010-54201 – CCPM Professional Services
The City of Englewood contributes a percentage of the overall budget and funding for the
Common Area Maintenace (CAM) for the City Center Property Maintenance (CCPM / formerly
EEF). The COE shares the cost for the upkeep of the properties with the other tenants utilizing
the space.
Public Works is responsible for soliciting and managing the vendor contracts.
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2
Attachments:Agreement Number: CFS-24-230
City Council: Agenda Item for review and approval scheduled for January 21, 2025
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PRINTED: 2019-01-07 15:34 DRAWN BY: JDL
Landscaping Limits
Dog Walking Areas
(Limits shaded in yellow)
¶N SCALE:DATE: January 7, 2019PHOTO DATE: 2016
1 inch = 300 feet
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tim Dodd
DEPARTMENT: City Manager's Office
DATE: January 21, 2025
SUBJECT: Approval of Extension of the Tri-Cities Homelessness Action Plan
DESCRIPTION:
Approval, by motion, of a two year extension of the Tri-Cities Homelessness Plan of Action
through 2026
RECOMMENDATION:
Staff recommends that Council consider approval, by motion, of an extension of the Tri-Cities
Homelessness Plan of Action through the end of 2025.
PREVIOUS COUNCIL ACTION:
Council Bill 62- Second Reading- Amend Intergovernmental Agreement with Arapahoe
County for a Tri-Cities Homelessness Coordinator (January 6, 2025)
Council Bill 62- First Reading- Amended Intergovernmental Agreement with Arapahoe
County for a Tri-Cities Homelessness Coordinator (December 18, 2024)
Study Session on the final draft of the updated Tri-Cities Homelessness Plan of Action
(December 9, 2024)
Tri-Cities joint Council meeting (November 21, 2024)
Study Session overview of the City's efforts relative to homelessness as part of the Tri-
Cities Homeless Policy Committee (September 9, 2024)
Study Session update on the progress of the Action Plan (July 24, 2023)
Council Bill 10- Second Reading- Approval of an ordinance amending the scope of an
intergovernmental agreement with Arapahoe County and the Cities of Littleton and
Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (March 20,
2023)
Council Bill 10- First Reading- Approve a bill for an ordinance amending the scope of an
intergovernmental agreement with Arapahoe County and the Cities of Littleton and
Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (February 21,
2023)
Council Bill 9- Second Reading- Approval of an ordinance authorizing an
Intergovernmental Agreement for the Provision of Homelessness Coordinator Services
(March 7, 2022)
Council Bill 9- First Reading- Approval of a bill for an ordinance authorizing an
Intergovernmental Agreement for the Provision of Homelessness Coordinator Services
(February 22, 2022)
Tri-Cities Homelessness Plan of Action approval (September 7, 2021)
Discussion of the draft Tri-Cities Homelessness Plan of Action (July 12, 2021)
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Update regarding the Tri-Cities Homelessness Study (July 13, 2020)
Council Bill 22- First Reading- Approval of an ordinance authorizing an IGA with the
Cities of Littleton, Sheridan, and Arapahoe County for the purpose of developing a Tri-
Cities Homelessness Plan of Action (June 21, 2021)
Proposed Tri-Cities IGA for Homelessness Assessment (Jun 17, 2019)
SUMMARY:
After years of planning and collecting and analyzing data, the City Councils of Englewood,
Littleton and Sheridan unanimously approved the Tri-Cities Plan of Action ("Action Plan") in
2021, with an expiration date of December 31, 2024. The Acton Plan included 30 action steps
organized into four themes: (1) Governance; (2) Single Adult System; (3) Workforce
Development; and Family System. Of the 30 action steps included in the Action Plan, 17, or
57% have been completed. Based on feedback from the Councils from the three cities and the
Tri-Cities Policy Committee, staff presented an updated, two year version of the Action Plan at a
joint meeting of the three Councils on November 21, 2024. Staff requests that Council review
the final version of the Action Plan, which includes recommendations made by Council
Members in November, and consider the Action Plan for approval, by motion.
ANALYSIS:
Action Plan Overview
For the last three and a half years, the Cities of Englewood, Littleton, and Sheridan collaborated
on issues related to regional homelessness through the Tri-Cities Homelessness Policy
Committee ("Tri-Cities"). In the summer of 2020, Tri-Cities contracted with the University of
Denver (DU) to conduct studies to better understand the root causes of chronic (individual) and
family homelessness in the region. After reviewing these studies, the City Councils of the Cities
of Englewood, Littleton, and Sheridan met together on January 28, 2021 and gave support to
contracting with a consultant to develop a Tri-Cities Homelessness Plan of Action ("the Plan").
Finalized in the summer of 2021 and adopted by all three City Councils, the Plan includes
several projects and initiatives organized around four themes:
Governance;
Single Adult System;
Family System; and
Workforce Development.
Accomplishments to Date
Since the establishment of the Action Plan in 2021, the Coordinator worked to manage or assist
in the completion of 17 of the 30 action steps included in the Action Plan, as well as to begin
working on most of the remaining 13 projects. Major projects in the Action Plan completed over
the course of the last three years include:
Building a strong governance structure through the implementation of the Coordinator
role, a lived experience advisory board, and increasing staff capacity to address
challenges (Governance);
Formalized a data-driven approach through the increased use of the homelessness
management information system (HMIS); increased referrals to the OneHome
Coordinated Entry system, and developed a system of tracking and reporting on plan
implementation and outcome achievement (Governance);
Created a community education and engagement strategy including the launch of a
centralized Tri-Cities webpage and welcome home community engagement program
(Governance);
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Streamlined access to homeless services for single adults within the region through the
establishment of a navigation center (Single Adult System);
Provided street-based services including the launch of a coordinated outreach team and
continued support of local meal and food distribution programs (Single Adult System)
Created partnerships with existing workforce programs including Bridge House and
CrossPurpose (Workforce Development); and
Streamlined access to homelessness services and prevention for families through
engaging local school districts as partners (Family System).
Proposed Action Steps
At the joint Council meeting on November 21, 2024, staff proposed an updated Action Plan
which included 14 total action steps, including three new action steps and 11 included in the
existing Action Plan. At the joint Council meeting on November 21, 2024, members of the three
Councils recommended the inclusion of two additional projects:
Determine the feasibility of opioid settlement fund use to support initiatives
(Governance); and
Explore and determine feasibility of coordination of affordable housing studies and
initiatives (Single Adult System).
The attached draft Action Plan includes these two action steps, bringing the total number to 16,
including five new action steps. Action steps are organized into three themes: (1) Governance;
(2) Single System; and (3) Family System, with a recommendation to sunset the Workforce
Development theme given that the major implementation action steps included in that theme
have been completed. Staff also recommends adding performance metrics for each theme,
including Workforce Development that, for the most part, will be reported on quarterly through
the Tri-Cities website dashboard.
COUNCIL ACTION REQUESTED:
Staff recommends that Council consider approval, by motion, of an extension of the Tri-Cities
Homelessness Plan of Action through the end of 2026.
FINANCIAL IMPLICATIONS:
Under a separate Council action, staff requested that Council consider approval of an
amendment to an existing intergovernmental agreement (IGA) between the Cities of
Englewood, Littleton, and Sheridan and Arapahoe County. The IGA provides $487,500
(including an additional $62,500 from the City of Littleton) in funding to continue the Tri-Cities
Homelessness Coordinator position for two years, as well as $185,000 to complete the projects
included in the Action Plan. Of the Action Plan amount, less the additional $62,500 from the City
of Littleton, the City of Englewood will provide $170,000 over two years, subject to annual
appropriation, or 40% of the contract (less the additional funds paid by the City of Littleton).
CONNECTION TO STRATEGIC PLAN:
Outcome area: Community Wellbeing
Goal: Homelessness Services and Mitigation
Plug in Plan: Determine whether the Tri-Cities Homelessness Plan of Action should be
extended past the three year period.
OUTREACH/COMMUNICATIONS:
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In developing the Tri-Cities Homelessness Action Plan, over 50 stakeholders, including
nonprofit service providers and government officials, were interviewed. Upon completion, the
Action Plan was presented to various stakeholder groups such as the Greater Englewood
Chamber of Commerce and the Englewood Rotary Club. The cities also worked together to
develop a Tri-Cities Homelessness Policy Committee website which includes dashboards with
performance data towards identified metrics, as well as ways that the community can help with
the efforts of Tri-Cities and assist people experiencing homelessness.
ATTACHMENTS:
Presentation- Tri-Cities Plan of Action 2025-2026
Tri-Cities Homelessness Action Plan
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Review of Final Draft Action Plan
December 9, 2024
Arapahoe County
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Overview
•16 proposed projects, including five new projects and 11 existing projects
•Recommendation to sunset projects in the Workforce Development theme
as major projects have been completed
•Expected budget of $160,000, plus funding to continue the Tri-Cities
Homelessness Coordinator position
•Identified performance metrics for each theme, including Workforce
Development to be reported on quarterly or as data is available
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Theme One: Governance
Recommendation 1.1- Develop a long-term governance model for Tri-Cities
Action Step Existing or
New Approximate Cost Proposed
Year
Develop a long-range financial
sustainability model for the Tri-
Cities Policy Committee
New
N/A- No additional costs are
expected to be needed for this
action item
2025
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Recommendation 1.2- Develop financial sustainability of Tri-Cities programs and
initiatives
Theme One: Governance
Action Step Existing or
New Approximate Cost Proposed
Year
Develop a long-range financial
sustainability model for initiatives
included in this Action Plan
New
N/A- No additional costs are
expected to be needed for this
action item
2025
Determine the feasibility of developing
a hosted fund New
N/A- No additional costs are
expected to be needed for this
action item
2025
Determine the feasibility of opioid
settlement fund use New
N/A- No additional costs are
expected to be needed for this
action item 2025
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Theme Two: Single Adult System
Recommendation 2.1- Streamline access to homeless services for single adults
Action Step
Recommendation 2.2 - Provide street-based services in increasing health and wellbeing or NewCost
Action Step Existing or
New Cost Year
Create an online platform to
request homeless services Existing
Up to $10,000 in software
costs (budgeted as part of the
original plan)
2026
Action Step Existing or
New Cost Year
Pilot a safe parking program Existing $25,000 (budgeted as part of
the original plan)2025
Continue to engage local
healthcare providers to discuss
feasibility of a street medicine
team
Existing
N/A- No additional costs are
expected to be needed for
this action item
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Theme Two: Single Adult System
Recommendation 2.3- Expand housing opportunities for single-adults
Action Step Existing
or New
Cost Year
Promote shared housing Existing N/A- No additional costs are
expected to be needed for this
action item
2025
Strengthen outreach to landlords Existing $25,000 budgeted as part of the
first plan
2025
Sponsor a feasibility analysis for
permanent supportive housing (PSH)
Existing $50,000 budgeted as part of the
first plan
2025
Explore and determine the feasibility
of coordination of affordable housing
studies and initiatives
New N/A- No additional costs are
expected to be needed for this
action item
2025
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Theme Three: Family System
Recommendation 3.1- Streamline services for homeless families
Action Step Existing or
New Cost Year
Engage local school districts as a
resource partner Existing
N/A- No additional costs
are expected to be
needed for this action
item
2025
Designate a lead service
provider Existing
$50,000 as part of the
original plan 2025
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Theme Three: Family System
Recommendation 3.2- Prevent families from becoming homeless
Action Step Existing
or New Cost Year
Collaborate with school districts to
ensure that school families at risk of
homelessness are aware of new
eviction prevention programs
Existing
N/A- No additional costs are
expected to be needed for
this action item
2025
Pilot a peer-support specialist program
to outreach to homeless families Existing $25,000 budgeted in the
original plan 2026
Explore expanding Housing Choice
Vouchers (HCV) to families Existing
N/A- No additional costs are
expected to be needed for
this action item
2026
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Performance Metrics
Governance/ Homelessness in the Tri-Cities
•# of action items completed
•# of people experiencing homelessness in the Tri-Cities Region
•% of people experiencing homelessness in the Tri-Cities region who are
sheltered
•% of people experiencing homelessness in the Tri-Cities region who are
unsheltered
(Source: Metro Denver Homelessness Initiative (MDHI) Point in Time (PIT)
count)
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Performance Metrics
Single Adult System
•Safe Parking Pilot Program
-# of safe parking locations in the Tri-Cities included in the pilot
-# of people utilizing established safe parking pilot locations
•Navigation Center
-# of unduplicated individuals who access case services
-# of unduplicated clients being served by case management
-# of service referrals provided by case management
-# of participating agencies within case conferencing
-# of housing placements through case management and case
conferencing
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Performance Metrics
Workforce Development
Bridge House Ready to Work CrossPurpose
•Graduation rate
•# of hours worked by program
participants in fields such as
landscape and culinary arts
•# of hours of career coaching offered
utilizing the space/ equipment
provided by the funding
•Average hourly wage of graduates
(projected)
•# of graduates who utilized the space/
equipment provided by funding from
the cities
•# of hours of career coaching offered
utilizing the space/ equipment
provided by this funding
•Average hourly wage of graduates
(projected)
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Performance Metrics
Family System
•# of students experiencing homelessness
•# of students experiencing homelessness who are sheltered
•# of students experiencing homelessness who are not sheltered
•# of “doubled up” students (staying with family or friends)
•# of students staying in hotels/motels
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Questions
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Tri-Cities Homelessness Tri-Cities Homelessness
Plan of ActionPlan of Action
2025 - 20262025 - 2026
HOMELESSNESS POLICY COMMITTEE
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Background
In 2020, the Tri-Cities Homelessness Policy Committee conducted a PESTEL (political, economic,
social, technological, environmental, and legal) analysis of the region’s homelessness services to
identify assets, opportunities and gaps. Findings included the strong commitment by local leaders
to address homelessness, dedicated homelessness service organizations, regional public and
private investments in homelessness, and consistency in local ordinances regarding occupancy
of public spaces. Areas of opportunity included increasing affordable permanent housing options
for persons existing homelessness such as rapid rehousing, permanent supportive housing,
and allocation of housing authority vouchers; increased participation in the local data collection
platforms managed by Metro Denver Homelessness Initiative (MDHI) including the Homeless
Management Information System (HMIS) and OneHome, coordinated entry system; and additional
safe alternatives to unsheltered dwelling.
In October 2020, the Center for Housing and Homelessness at the University of Denver released
two commissioned reports, one focused on family homelessness and one focused on family
homelessness in the region. The reports applied qualitative methods of semi-structured interviews
to capture the essence of homelessness for both the families and single adult populations.
Research sought to understand key drivers into homelessness and barriers to becoming housed.
Themes emerged that included lack of access to affordable housing, changes to or inability to
secure employment, physical and behavioral health challenges, and fragile or troubled social
relationships. The report recommended a prevention approach to retain housed families in
housing through the provision of comprehensive financial and service interventions; and holistic
and flexible programs to stably rehouse chronic homeless adults.
On January 28, 2021, the City Councils of the three cities hosted a joint Council study session to
update decision makers and the public on the findings of the reports. During this session, MDHI
identified potential priority areas for the Tri-Cities Homelessness Policy Committee to focus
on in the creation of its homeless strategy including a single access point for housing services;
development of eviction prevention strategies; and development of diversion resources and
strategies.
In 2021, The Tri-Cities worked with Florence Alise Advancement Associates to develop the
Tri-Cities Homelessness Plan of Action (“Action Plan”) which was adopted by all three cities
and which runs through the end of 2024. The Action Plan is organized into four themes: (1)
Governance; (2) Single Adult System; (3) Workforce Development; and (4) Family System.
Action Plan Successes
Over the course of the last three years, the Cities partnered with Arapahoe County, MDHI, and
nonprofit service providers and achieved success in many components of the plan, including the
development of a Tri-Cities Homelessness Coordinator position which oversaw the management
and completion of strategic plan components.
1
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Governance
The Governance theme focuses on collaboratively developing a strong governance foundation focused
on program management, data collection, cross-jurisdictional partnerships, and community engagement.
As of May 2024, 82% of the action steps in this thematic area have been completed.
Recommendation Action Step Status
1.1 Build a strong governance
structure Formalize a regional leadership body Completed
1.1 Build a strong governance
structure
Create a regional homelessness coordinator
position Completed
1.1 Build a strong governance
structure
Increase local government staff capacity to
address homelessness In progress
1.1 Build a strong governance
structure Create a lived experience advisory board Completed
1.2 Formalize a data-driven
approach to guide allocation of
homelessness resources
Increase participation in the homelessness
management information system (HMIS)Completed
1.2 Formalize a data-driven
approach to guide allocation of
homelessness resources
Increase referrals to MDHI’s OneHome
Coordinated Entry System Completed
1.2 Formalize a data-driven
approach to guide allocation of
homelessness resources
Partner with Community Solutions Built for
Zero initiative to build capacity by addressing
the needs of specific sub-populations
Completed
1.2 Formalize a data-driven
approach to guide allocation of
homelessness resources
Develop a system of tracking and reporting
on plan implementation and outcome
achievement
Completed
1.3 Create a community education
and engagement strategy
Create a centralized Tri-Cities webpage
outlining the unified homelessness response Completed
1.3 Create a community education
and engagement strategy
Streamline volunteer and giving opportunities
to help neighbors in need In progress
1.3 Create a community education
and engagement strategy
Create a welcome home community
engagement program Completed
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Single Adult System
The Single Adult System theme focuses on meeting the needs of single adults experiencing homelessness
by streamlining pathways to access services. As of May, 2024, 40% of the action steps for this thematic
area have been competed, with significant planning work done on the establishment of a navigation center.
Recommendation Action Step Status
2.1 Streamline access to homeless
services for single adults within the
region
Designate a lead service provider to
coordinate services for single adults Completed
2.1 Streamline access to homeless
services for single adults within the
region
Create a central navigation center In progress
2.1 Streamline access to homeless
services for single adults within the
region
Create an online platform to request
homeless services Completed
2.2 Provide street-based services
to increase the health and
wellbeing of unsheltered residents
Launch a coordinated outreach team Completed
2.2 Provide street-based services
to increase the health and
wellbeing of unsheltered residents
Continue to support local meal and food
distribution programs Completed
2.2 Provide street-based services
to increase the health and
wellbeing of unsheltered residents
Pilot a safe parking program In progress
2.2 Provide street-based services
to increase the health and
wellbeing of unsheltered residents
Convene local mental, physical, and
behavioral healthcare providers to explore
the creation of a medical street team
Completed
2.3 Expand housing opportunities
for single adults exiting
homelessness
Promote shared housing as a viable
option to increase housing affordability In progress
2.3 Expand housing opportunities
for single adults exiting
homelessness
Strengthen outreach to private landlords
to increase participation in housing rental
subsidies
In progress
2.3 Expand housing opportunities
for single adults exiting
homelessness
Sponsor a feasibility analysis to determine
the approximate number of permanent
supportive housing (PSH) units required to
end chronic homelessness in the region
Planned
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Workforce Opportunities
The workforce opportunities theme focuses on strengthening pathways to workforce opportunities for
people experiencing homelessness and those who are housing vulnerable. As of May 2024, 50% of the
action steps in this thematic area have been completed.
Recommendation Action Step Status
3.1 Create partnerships with
existing workforce programs Continue to pursue partnership with Bridge House Completed
3.1 Create partnerships with
existing workforce programs Promote local library online skills training programs In progress
3.1 Create partnerships with
existing workforce programs Support the launch of Cross Purpose at Wellspring Church Completed
3.2 Create employment
opportunities for persons exiting
homelessness
Engage the local Chamber of Commerce In progress
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In Their Words
Places like Movement 5280 and GraceFull Café, they
mean the world. If it weren’t for them, I’d be dead.
I have a partner now, and I’m doing my best to help
provide for her and her kids. I’m trying to get back in
the gym. I’m done with the streets and getting high.
The difference is I love myself now, for the first time.
I hope that benefits the people I love. I don’t see life
like I used to anymore.
They say the definition of insanity is doing the same
thing over and over and expecting different results.
Well, I’m trying something different now, and I like
these results.
- Josh Casias
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In Their Words
I’m a personal navigator at Movement 5280. We’re
here to walk alongside people in need.
We have a food bank, clothing bank, hot meals, peer
coaching, mental health services – we even bring in
dentists and a mobile DMV clerk.
I’m a recovering addict myself, and I figured I could
stand to help others more. A girl here told me one
time, “you don’t know what it’s like to struggle.” I
shared my story, and we clicked. I tell people,
“You can recover. I’m proof.”
- Kelly Utter
Family System
The family system theme focuses on developing a streamlined system to address the needs of families at
imminent risk and experiencing homelessness. 40% of the action steps in this thematic area have been
completed as of May 2024.
Recommendation Action Step Status
4.1 Streamline access to homeless
services and prevention for families
experiencing or at imminent risk of
homelessness within the region
Engage the local school districts as partners
to help lead prevention and homelessness
services for families
Completed
4.1 Streamline access to homeless
services and prevention for families
experiencing or at imminent risk of
homelessness within the region
Designate a lead service provider to
coordinate services for families In progress
4.2 Prevent families from
becoming homeless
Collaborate with the school districts
to ensure that school families at risk of
homelessness are aware of new eviction
prevention programs
In progress
4.2 Prevent families from becoming
homeless
Pilot a peer support specialist program to
extend outreach to immigrant families at risk
of homelessness
In progress
4.3 Increase housing opportunities
for families
Work with local housing authorities to
explore possible ways of expanding Housing
Choice Vouchers (HCH) to families exiting
homelessness
In progress
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Second Iteration of the Action Plan
The second iteration of the plan includes action items from the original plan that were yet to be completed;
new action items, primarily focused on developing a long-term financial and governance model; and
performance metrics to track the success of action plan items launched under the original term of the
Action Plan. The proposal for the second iteration of the Action Plan includes 16 projects organized into
three of the original Action Plan themes; (1) Governance; (2) Single Adult system; and (3) Family System.
Staff recommends sunsetting the Workforce Development theme, given that the major projects, intended
to start workforce development programs, are in the process of launching. The updated Action Plan also
includes approximately 25 metrics which connect to the four themes of the original Action Plan, which will
be reported on quarterly to show long-term progress in achieving goals identified in the development of
the Action Plan.
Reporting
If renewed, the Action Plan will run from the beginning of 2025 (from the data approved by the three
Councils) to the end of 2026. The Tri-Cities Coordinator will publish a quarterly action plan that includes
a progress update on all projects included in the Action Plan, in addition to data towards performance
metrics, noting that data towards some performance metrics are only available on an annual basis.
Action Plan Cost
The original Action Plan was projected to cost approximately $750,000, which did not include funding
that the cities provided for workforce development projects, such as the launch of CrossPurpose and
Bridge House Ready to Work, which received funds from the American Rescue Plan Act (ARPA).
Additionally, funds originally identified for some Action Plan action steps were not expended, and could
presumably be expended to finalize those projects in the second iteration of the Action Plan:
• Create an online platform to request homelessness services- Single Adult theme ($10,000);
• Pilot a safe parking program- Single Adult theme ($25,000);
• Strengthen outreach to landlords- Single Adult theme ($25,000);
• Peer-based support model ($25,000)
• Sponsor a permanent supportive housing feasibility analysis- Single Adult theme ($50,000); and
• Designate a lead service provider- Family theme ($50,000).
The total budgeted cost of the second iteration of the Action Plan is expected to be $185,000. The
majority of the funding for these projects comes from the American Recovery Plan Act (ARPA), and
ARPA funds must be committed by the end of 2024, and expended by the end of 2026, which is
when the Action Plan will end. Staff believes that most other action plan items can be carried out with
existing staffing levels and resources, contingent on maintaining the position of Tri-Cities Homelessness
Coordinator, the cost for which is estimated at approximately $120,000 per year.
The development of governance and financial sustainability models, included in the Governance
theme, will help the Tri-Cities to develop a long-term approach to funding the Tri-Cities Homelessness
Coordinator, as well as long-range funding for the navigation center. The majority of the projects included
in the Action Plan that require seed funding are not expected to need substantial resources from the cities
to continue into the future.
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Theme One: Governance
Recommendation 1.1- Develop a long-term governance model for Tri-Cities
Action Step Description Existing
or New Approximate Cost Year
Develop a long-range
governance sustainability
model for the Tri-Cities
Policy Committee
Work with Arapahoe County and other
stakeholders to explore and make
recommendations relative to the long-
term governance structure of the
Tri-Cities Policy Committee
New
N/A- No additional
costs are expected
to be needed for this
action item
2025
Recommendation 1.2- Develop financial sustainability of Tri-Cities programs and initiatives
Action Step Description Existing
or New Approximate Cost Year
Develop a long-range
governance sustainability
model for the Tri-Cities
Policy Committee
Work with Arapahoe County and other
stakeholders to explore and make
recommendations relative to the long-
term governance structure of the
Tri-Cities Policy Committee
New
N/A- No additional
costs are expected
to be needed for this
action item
2025
Determine the feasibility
of developing a hosted
fund
Work with area philanthropic
organizations to determine the feasibility
of establishing a hosted donor fund to
support philanthropic dollars supporting
program efforts
New
N/A- No additional
costs are expected
to be needed for this
action item
2025
Determine whether and
how opioid settlement
funds may be utilized to
support the efforts of this
Action Plan
Explore the feasibility of utilizing opioid
settlement funds to support Action Plan
initiatives
New
N/A- No additional
costs are expected
to be needed for this
action item
2025
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Theme Two: Single Adult System
Recommendation 2.1- Streamline access to homeless services for single adults
Action Step Description Existing
or New Approximate Cost Year
Create an online platform
to request homeless
services
Such a platform could help reduce police
responses to non-emergency calls related
to people experiencing homelessness
Existing
Up to $10,000
in software costs
(budgeted as part of
the original plan)
2026
Recommendation 2.2- Provide street based services in increasing health and wellbeing
Action Step Description Existing
or New Approximate Cost Year
Pilot a safe parking
program
Safe Parking programs emerged over the
last several years using both public and
private parking lots after-hours to offer
a safe place to sleep. Participants are
typically required to pre-register to access
parking lots and have operable vehicles.
These programs often offer services such
as access to restrooms, mobile showers,
and overnight security. The exploration
would include a review of existing zoning
laws and possible locations
Existing
$25,000 (budgeted
as part of the original
plan)
2025
Continue to engage local
healthcare providers to
discuss feasibility of a
street medicine team
Engage local healthcare providers and
determine the feasibility of a street
medical team which could include a
licensed social worker, public health
nurse, substance abuse counselor, and
other medical professionals
Existing
N/A- No additional
costs are expected
to be needed for this
action item
2025
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5
In Their Words
I was on the streets for 20 years before Movement
5280 helped me get an apartment.
I had buddies freeze to death. I got frostbit real bad.
I had so many trespassing tickets, if it weren’t for the
folks at 5280, I’d probably be dead or in jail before
much longer.
I grew up in Englewood. I was a welder. After my
wife died, things just kind of fell apart in my life. I
ended up homeless. ... You start to believe nothing
good will happen. I prayed a lot, and God gave me
Kelly and Movement 5280.
- Kenneth Davison
Recommendation 2.3- Expand housing opportunities for single-adults
Action Step Description Existing
or New Approximate Cost Year
Promote shared housing
Partner with nonprofit partner
organizations to promote shared housing
as a viable option to increase housing
affordability
Existing
N/A- No additional
costs are expected
to be needed for this
action item
2025
Strengthen outreach to
landlords
Robust landlord engagement programs
could provide dedicated funding for
signing bonuses, additional security
deposits, and minor repairs
Existing $25,000 budgeted as
part of the first plan 2025
Sponsor a feasibility
analysis for permanent
supportive housing (PSH)
PSH is an evidence-based housing model
that provides congregate or scattered site
housing units to vulnerable persons
Existing $50,000 budgeted as
part of the first plan 2025
Explore and determine the
feasibility of coordination
of affordable housing
studies and initiatives
Explore and determine the feasibility of
coordinating previous, current, and future
affordable housing studies and initiatives
in the three cities
New
N/A- No additional
costs are expected
to be needed for this
action item
2025
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Theme Three: Family System
Recommendation 3.1- Streamline services for homeless families
Action Step Description Existing
or New Approximate Cost Year
Engage local school
districts as a resource
partner
In the development of the original plan,
all three school districts expressed active
engagement in identifying and working
with families experiencing or at imminent
risk of homelessness through their
student services staff
Existing
N/A- No additional
costs are expected
to be needed for this
action item
2025
Designate a lead service
provider
Designation of a lead service provider
as the central coordinator for resources
dedicated to family homelessness in the
region
Existing $50,000 as part of the
original plan 2025
Recommendation 3.2- Prevent families from becoming homeless
Action Step Description Existing
or New Approximate Cost Year
Collaborate with school
districts to ensure that
school families at risk of
homelessness are aware
of new eviction prevention
programs
In 2020 and 2021, Arapahoe County
received nearly $10 million in CARES
Act funding to protect families at risk of
eviction from inability to pay rent due to
COVID-19 related job loss. And, due to
disparities in technology access, not every
family will be able to navigate online
applications. A regional family coordinator
could bridge support by working with the
school districts to identify families and
help them apply for relief
Existing
N/A- No additional
costs are expected
to be needed for this
action item
2025
Pilot a peer-support
specialist program to
outreach to homeless
families
Peer based support models may be an
appropriate intervention to outreach to
families
Existing $25,000 budgeted in
the original plan 2026
Recommendation: Housing Opportunities for Families
Action Step Description Existing
or New Approximate Cost Year
Explore expanding
Housing Choice Vouchers
(HCV) to families
Partnering with MDHI to explore the
feasibility of increasing housing choice
vouchers through application to special
programs, and vouchers designated
for youth aging out of foster care or for
parents seeking to reunite with children in
the child welfare system
Existing
N/A- No additional
costs are expected
to be needed for this
action item
2026
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Performance Metrics
Governance/ Homelessness in the Tri-Cities Region
• # of people experiencing homelessness in the Tri-Cities Region
• % of people experiencing homelessness in the Tri-Cities region who are sheltered
• % of people experiencing homelessness in the Tri-Cities region who are unsheltered
(Source: Metro Denver Homelessness Initiative (MDHI) Point in Time (PIT) count
• % of action items completed
Single Adult System
• Safe Parking Pilot Program
o # of safe parking locations in the Tri-Cities included in the pilot
o # of people utilizing established safe parking pilot locations
• Navigation Center
o # of unduplicated individuals who access base services
o # of unduplicated clients being served by case management
o # of service referrals provided by case management
o # of participating agencies within case conferencing
o # of housing placements through case management and case conferencing
Workforce Development
• Bridge House Ready to Work
o Graduation rate
o # of hours worked by program participants in fields such as landscape and culinary arts
o # of hours of career coaching offered utilizing the space/ equipment provided by the funding
o Average hourly wage of graduates (projected)
• CrossPurpose
o # of graduates who utilized the space/ equipment provided by funding from the cities
o # of hours of career coaching offered utilizing the space/ equipment provided by this funding
o Average hourly wage of graduates (projected)
(Source: CrossPurpose reporting to the City of Englewood)
Family System
• # of students experiencing homelessness
• # of students experiencing homelessness who are sheltered
• # of students experiencing homelessness who are not sheltered
• # of “doubled up” students (staying with family or friends
• # of students staying in hotels/motels
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