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HomeMy WebLinkAbout2006-08-21 (Regular) Meeting Agenda Packet·---- Regular City Council Meeting August 21, 2006 Ordinance I~~ 33, 34, 35, 36, 37, 38, 39 Resolution# 75, 76, 77, 78, 79, 80, 81, 82, 83 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 21, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :35 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso, Barrentine, Oakley, Mccaslin , Woodward, Wolosyn Council Member Moore City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Fonda, Utilities Manager of Open Space Lee, Parks and Recreation Director Kahm, Public Works Police Sergeant Watson , Safety Services Engineering/Capital Projects Administrator Henderson, Public Works 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absent : Motion carried . Council Members Barrentine , Mccaslin , Wolosyn , Woodward , Tomasso, Oakley None Council Member Moore 6 . Recognition of Scheduled Public Comment There were no sch duled visitors . Englewood City Council August 21, 2006 Page2 7 . Recognition of Unscheduled Public Comment (a) Doug Cohn, an Englewood resident, said I just wanted to come and say thank you. The Car Show plans are coming along pretty well . The yellow piece of paper you have on your desk shows the sponsors . There are a goodly number of folks, right here in town, who thought the car show seemed like a really good idea and they have contributed gift certificates, money and those kinds of things to make it happen . I wanted to say thank you also to the fellows in Public Works, Safety Service, Finance , Community Development, Parks and Rec and the street guys. I'm not exactly sure where the street guys are from, but that is probably Public Works ... and to all the City Council for all the things you have done so far in the planning for the Englewood Day event. We are going to have some kind of neat things going on . The second piece of paper, the white one, is a coloring contest that we are having. A group called Positively Englewood is going to donate three brand new bicycles as first prizes . A new store on Broadway, Jerry's Artarama, is going to provide also another grand prize for a budding artist. The posters are available around town and they will be displayed in the stores up to the time of the show . The Englewood Chamber of Commerce is going to have the Taste of Englewood that day, so if you get kind of hungry after looking at all the tractors, monster trucks, classic cars and military vehicles you can drop by and get a little taste of food . There will be three live bands playing in the Lincoln Street parking lot, so you can sit down and enjoy a little bit of liiht music as well. So, I just wanted to extend a personal invitation to you all to come out on Saturday, September 9 and join us for the party on Broadway . Thank you. Mayor Wolosyn said thank you , Doug . Council Member Mccaslin said are these coloring contest entries going to be distributed through the schools or what? Mr . Cohn said yes, my daughter-in-law is on the PTSA group at Cherrelyn and she was going to talk to her Principal today and see who she needed to contact at the other elementary schools and , hopefully , that will be done within a couple of days . Mr. Mccaslin said okay. Mr. Cohn said I think it would be great to have a contest within the schools and between the schools and I hope the Positively Englewood guys will have a real hard time choosing a winner come Saturday. Council Member Barrentine said what they are going to do is go ahead and display the entries with the personal information folded to the back . Hopefully, that will be a nice kick for them, because the businesses are putting these in their windows downtown, as well . It will be nice, but we don't want to identify the kids. Mayor Wolosyn said okay, thank you, we will see you there . Ms . Barrentine said thanks for all your hard work on this . 8 . Communications, Proclamations and Appointments (a) considered . A letter from Vic Calender announcing his resignation from the Urban Renewal Authority was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO ACCEPT THE LETTER FROM VIC CALONDER ANNOUNCING HIS RESIGNATION FROM THE URBAN RENEWAL AUTHORITY . Motion carried . Ayes : Council Members Barrentine , Mccaslin , Wolosyn, Woodward, Tomasso, Oakley Nays : None Absent: Council Member Moore (b) A proclamation regarding National Alcohol and Drug Addiction Recovery was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION REGARDING NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY . Vote results : Ayes : Council Members Barrentine , Mccasli n , Wolosyn , Woodward , Englewood City Council August 21, 2006 Pagel Nays : Absent: Motion carried . Tomasso , Oakley None Counc il Member Moore Mayor Wolosyn said is there anyone here to receive th is? There was no one . Ms . Wolosyn said we will make sure it is delivered to the proper people . 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and (ii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 32 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT" BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE , SOUTHGATE SANITATION DISTRICT, SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1, WASTE MANAGEMENT OF COLORADO, INC . AND THE CITY OF ENGLEWOOD, COLORADO . (b) Approval of Ord inances on Second Read ing (i) ORDINANCE NO . 31 , SERIES OF 2006 (COUNCIL BILL NO. 24 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION . (i i) ORDINANCE NO . 32 , SERI ES OF 2006 (COUNCIL BILL NO. 34 , INTRODUCED BY COUNC IL MEMBER WOODWARD ) AN ORDINANCE AUTHORIZING AN INTERGOVERNMEN TAL AGR E EM ENT ENTIT LED "EMERGENCY ACCESS AGREEMEN T CI TY OF ENGL EWOOD WATE R PIP E LINE REPAIR J ULY 28 , 200 6", RELAT ED TO T HE REPAIR OF A BRO KE N WATER PIPELI N E BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD . Vote results : Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Mccaslin, Wolosyn, Woodward, Tomasso, Oakley None Council Member Moore (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items No public hearing was scheduled before Council. Englewood City Council August 21, 2006 Page4 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 9 -Consent Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Manager of Open Space Lee presented a recommendation from the Parks and Recreation Department to approve, by motion, a contract for professional services during the golf course redevelopment for gol f course construction observation . He said I am here before you tonight to request that you approve, by motion , a contract for professional services for golf course construction oversight. The construction management of the City will be better suited if we monitor the key elements of the construction project. Some of the construction elements include: depth of cap cover over the landfill, irrigation system installation, greens mix , drainage installation and contouring and seeding . The scope of services is estimated to be around $100,000.00 and funding for that will come out of the $650 ,000.00 that is being put forth by Miller Weingarten . Along with those funds are consideration for a new pump station ... environmental consultants , wetland remediation and fencing along the eastern perimeter. And with that, if you have any questions I would be happy to answer them . Mayor Wolosyn asked if there were any questions . Council Member Woodward said would this document be subject to the final execution of the development agreement and the total deal? Mr . Lee said yes, that is correct. Mr. Woodward said I believe , as I recall, it has been executed , but the contractor has not been engaged to spend any of his dollars as of yet, is that right? Mr . Lee said that is correct. Mr. Woodward said okay, thank you . City Attorney Brotzman said there is actually a notification requirement in the contract that the Parks people have to give him notice to start . So , obviously they won't give him notice until everything is taken care of. Mr . Woodward said okay. Counc il Member Barrentine said be ing that we won't incur any observation costs unless there is something to observe? Mr . Lee said that is correct , unless the deal is brought forward , then there will be no professional consultant fees or consultant. COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (i) -A CONTRACT FOR PROFESSIONAL SERVICES DURING THE GOLF COURSE REDEVELOPMENT FOR GOLF COURSE CONSTRUCTION OBSERVATION . Mayor Wolosyn asked if there was any more discussion. There was none . Vote results : Ayes : Nays : Absent: Motion carried . Council Members Barrent ine, Mccasl in, Wolosyn , Woodward , Tomasso, Oakley None Council Member Moore Mayor Wolosyn said thank you Dave . (ii) Director Kahm presented a recommendation from the Public Works Department to approve , by motion , awarding the contract for the 2006 Micro -Surfacing Program to Broadaway Holdings LLC , in the amount of $297 ,960 .00 . He sa id in the Council Commun icat ion you rece ived tonight , you can quickly see that Englewood City Council August 21, 2006 Page 5 Englewood has been successfully placing slurry and micro -surfacing programs on our C ity streets for a total of 20 years . We had one failure in 1986 and at that time I worked with the Street Division folks and we decided we didn 't want a second one, so we did our research. We joined an organization called, at that time it was the International Slurry Seal Association , because what they primarily did in those days was slurry seals . Later, as micro-surfacing became a more prominent product , they changed the name of that organization to the International Slurry Surfacing Association. We actually went to a seminar in a different state ... and what we found was the local ISSA contractor that we had been using, really was using old technology . And, we ended up putting some slurry on our streets and we couldn 't open our streets up to local traffic for three days ... and of course, that wasn 't acceptable to us . We found out about a product called quick-set slurry and we learned about it. The early slurry products, I might point out , were based on placing aggregates and emulsified asphalt on roadways, mostly in warm climates . Those products depended on sunshine and temperatures to cure to where you could put traffic back on them . About the time, in the late 80's when we learned about the products, we found that there were quick-sets where the industry had actually progressed and they were dealing now with chemistry that caused the product to break, as opposed to drying . We learned about products that you could drive on in two hours and that is what we wanted for our Englewood streets . So we proceeded to join the ISSA. We learned that the successful products in the South were coming from a place called Granite Mountain, where there were literally millions of cubic yards of crusher fines from the manufacturing chips for chip seals on roads . If you recall, years ago we would put a tack coat down , then put chips on top of that and roll it in . We had a lot of problems with that, because we got broken windshields and kids falling on the chips and being cut up and those types of things, so that was kind of falling out of favor . But, we also knew that here , we had been working with chip seals and we knew that Asphalt Paving in Golden, Colorado had a quarry and they had been selling chips ... a high quality chip .. .for many, many years . So we anticipated that we were going to go up to Asphalt Paving and find a great big mountain of aggregate that had no value . In fact , when we got there , we found no great big mountain, because that byproduct. .. the aggregate at Asphalt Paving 's Golden quarry, is one of the hardest aggregates in the State of Colorado ... second only , to my knowledge , to diamonds . If you can find a diamond in Colorado it is harder. So w ith that in mind , we got up there and found that they were using the byproduct in hot mix to st iffen it up and make it a more quality product. An example being, the only way they could put asphalt in at DIA when they built all the taxiways out there, was to re-enforce that asphalt ... hot mix product ... with those fines from Asphalt Paving . So, there was a demand . In fact , it turned out that that aggregate , not only was it not a waste pile , but it was selling for five times what most aggregates were selling for along the front range ... most river aggregates. But ,we set out. .. we wanted to use that rock, because it is one of the most durable rocks in the State and it is really close ... just being up here at Golden . We had very little knowledge , but we knew we wanted to do something with our Englewood streets ... we needed a maintenance option . So, we set out and we hired the then Director of Research and Development for the ISSA ... Ben Benedict, he was in Dayton , Oh io . We hired him to design a mix for us and we got down to the nitty-gr itty . We were concerned ... in the early days we mostly worried about, what is the charge on the aggregate , what is the charge in the emulsion ... because , if you put two positives together they repel ... two negatives repel. We found that out in our 1986 fa ilure . We had a contractor that was putting a negative asphalt with a negative aggregate and the result being that we had some stuff that was done on Qu incy that was gone in two weeks . It didn 't stay very long at all ... it just came back off the st reets. We went to the trouble to understand what our streets were made of. We actually took and cut sections out of our roadways, because our street system had been built over a number of years, but basically the same asphalt products . We actually cut squares of asphalt out and shipped them to Dayton , Ohio to make sure that (1) whatever we developed would have adhesion ... it would stick to the existing street and (2) then there would be a mix that would have cohesion, so that it would stick together and so we would have a solid product. We also learned in dealing with the ISSA at that time, that world-wide, they told us, there were a potential two million poss ible slurry and micro-surfacing mixes . If you take all the crudes that are out there and all the asphalt products , all the emulsions and mixed them ... it is kind of like the lotto ... there are a lot of combinations . But we were also told forever , that only 4 percent of those two million will be successful products . That is 80 ,000 out of two million . We had already had one that was in the other 1,920,000 ... so we were looking for success . We went to the trouble to have a product des igned . At that time , there were only two micro-surfacing products ... emulsion products ... in the country that were available for what we were trying to do . One was manufactured by Ergon ... at that time it was coming from Jackson , Mississippi. The other was from Koch and the name of the ir product was Ralumac . When all the lab work was done , they came back to us and said that the nly product that would work with this aggregate ... because the aggregate has a lot of chem istry to it and they call It hot rock , it reacts rapidly to emulsions ... but the only one that would work was the Ergon product. We were also told that its manufacture was Venezuelan crude wh ic h meant that we probably had one of the top three micro-surfacing products systems in th Country and in fact, in the World . So we went on and we wanted to get a con trac to r to do some work for us , but Englewood City Council August 21, 2006 Page 6 what we ran into w ith the ISSA w as , it was an industry group and s ince we had one of the ir members loca ted in Colorado , none of the contractors in Kansas would come to Colorado and work for us , because they were respecting the other fellow's terr itory . At that time, we met Mr . Jake Broadaway who was running Bituminus Asphalt Sealing Specialist, and he was the President of ISSA . So , the street folks ... and I bel ieve Mr . Oakley was there ... the street folks and myself, we sat down and we shamed him , as the President of that organ iz ation , into com ing to Colorado and putting some quickset products on our streets . As a result of that , ove r a three -year period , he was pretty much drummed out of the ISSA. They had a code and that was a long time ago and th ings are d ifferent today , I am sure ... but he ended up being drummed out of that organ ization . We went on ... from 1987 , 1988 , 1989 and 1990 and we did slurries ... we did quickset slurry . We then found that micro-surfacing was out there . Slurry is a product. .. you are mixing the aggregate with the emulsion , but you are putting down a single thickness . The chemistry only allows it to go down one thickness so if you are putting down a Type 2 ... which is what we use on our streets typ ically ... the largest aggregate w ill pass through , basically, a quarter inch screen ... so it gives you an idea of the thickness, less than a quarter of an inch . And it gives you a good seal and it gives you new wearing course, so it does those things. Since we were importing our emulsion halfway across the country anyway , micro-surfing emulsion allows you to go in and do those same things but it also has the chemistry that allows you the capability of re-profiling your streets, filling the ruts like we did on Broadway last year ... where we were filling 2" to 2 Yi" deep ruts ... you can't do that w ith a slurry . But we found that the micro-surfacing emulsion just wasn't very much more expensive than slurry , at that time , so we elected , starting in 1991 , to go to micro - surfacing . It gave us more flexibility and a better bang for our buck . In all those years , th is is the first year we have come to you with a bid . All those years we negotiated w ith Bituminous Asphalt Sealing Specialists, because they were the only contractor that had ever approached us about working here . Like I said , we shamed them into coming the first time, they always gave us a good job , we had a good relationship with them and we always got a good product. We had 19 years of success with them . Over the years that they worked here, they also took the product that we designed ... two years Cherry Hills Village b id a project just like ours, they specified that emuls ion , that aggregate , two years they b id it and two years BASS was successfu l in gett ing the ir b id each year , but they had the advantage of already being here because they were here doing our job , so they didn 't have to remob ili ze . Last year Greenwood Village took our specifications ... last year which is a little different spec ... but they bid last year using that same aggregate and same emulsion we used and the low bidder was lntermounta in Resurfac ing out of Salt Lake City ... who came to town , bought the aggregate from Asphalt Paving , decided that the m icro -surfac ing was going to be too hard for them to lay, so they talked Greenwood Village into just doing slurry last year . Last year Arvada took our product and they contracted on the side w ith Bituminous Asphalt Seal ing Specialists and they la id a project about half the size of ours in Arvada last year . So, other people have followed our lead and done what we are doing . Early this year , we had a request from a contractor ... the base company is in Kansas and the pav ing part of it is in Arkansas ... that they would like to bid our project. So we looked at it and said why not. It has been a long t ime and all , but a couple of th ings had happened to us . One : the emuls ion suppl ier that we used all th ose many years ... we were still getting emulsion out of, it d idn 't matter ... from Jacksonville , they moved that ope rati on to Waco , Texas ... but we were still importing asphalt all the way from Waco ... but they had h it a little bit of a hitch, becaus e t he re ha d been a l ittle prob lem in Ve nezuela and with overthrow ing the gov e rnmen t and th ey couldn't get that crude any longer. So they had shipped the crude oils and we w eren't as satisfied with the product as we had been previously ... and they had also shipped the products without telling us and we took exception to that. So last year , we found a smaller emulsion manufacturer in Port Allen, Louisiana that had access to a really good crude oil. They had a good slate . They buy from Marathon and we know that it has got a heavy and a light Arab crude in it. It has also got some Maya which a lot of people don't like because it comes from Mexico, but there is really nothing wrong with it. But w e had a smaller, family owne d operation that was willing to take their emulsion and modify their emulsion for our small project. Most of the big gu ys ... they manufacture emulsi on 50 ,000 gallons at a time and what they want to do then , they want everybody to have a mixed design that fits what they have already got on the shelf, as opposed to coming up with something that really works for us . But we worked with those folks last year . They spent a lot of money on mixed design . We came up with a mix that we thought we liked . Last year we shipped 28 tons of aggregate down to Arkansas ... a little place called Lake Village ... because BASS was working there . We had the fellow from Port Allen brought us up an emulsion from his operation . We also had a load of emulsion brought over from Waco , Texas so that we could lay a test section and compare the two . We felt , by far , that the product from Louisiana was superior to what we had been getting from Waco. So , last year we went ahead and we used that product in our micro last year . We had problems last year when we first started , because there Is an add itive that you use In this product that retards the break time ... it gives you more t ime to work it. .. and they were us ing a product , they were using aluminum sulfate and what happened when we first started ... if they put enough retarder , enough alum inum sulfate Into the product to make it workable , then it starts Englewood City Council August 21 , 2006 Page 7 turning brown instead of be ing black . There was noth ing wrong with it from a funct ional standpoint, but we had always felt pride in the fact that the micro was black . So BASS stayed w ith it last year and we were working on Broadway last year , really tough conditions , we had anticipated we would be able to do five blocks a day ... for us to go out on Broadway and deal with 40,000 cars a day and work through downtown Englewood and not disrupt all the businesses on Broadway ... we were able to do two blocks a day. So what that meant was the contractor could start south bound ... we had a real sys tem ... start south bound at 7 :30 in the morning and they had to be off of Broadway ... they had to be done ... by 2 in the afternoon so we could open it up to PM traffic and so they were getting half days . Last year our contractor neve r compla ined once , he just did what he had to do . But we wrestled with the product, to get it black they had to use very little additive, which means they didn 't have much time for hand work . I am not perfectly thrilled with the texture we got on the surface, but the product is durable . If you have been out there , you can see that the ruts are holding . It is doing everything it is supposed to do, but I wasn't thrilled with the texture . So , this year in light of the fact that it had been requested that we bid , I brought in a consultant. .. an expert in the industry that has worked with us in ISSA since 1991 . We rewrote our specs so that they would be biddable. We turned around and hired a lab ... Vestal Lab in New York state to do the mix design for us . We came up with a different additive , in fact, it is interesting, the additive that we ended up using in this mix is an additive that Ben Benedict designed for us in 1991 . The additive is real effective . We like the mix design . We sent a truck load of aggregate down to Port Allen, Louisiana ... actually a little town about 40 miles west of there . I hired BASS because they were on a project down there to go over and lay a truck load for us . I sent Del Montgomery, from the Street Department , down there to witness it. We taped it and we believe that we have, aga in , developed a super ior product that will work on our Englewood streets . We went to bid t his year . We invited five contractors that I felt were qualified to do this work . I included the fellow from BASS who is now Broadaway Holdings ... included him because of our many years of experience with him . The other four contractors were selected out of the ISSA register . I have knowledge of three of the four ... have had many years knowledge . One was lntermountain out of Salt Lake . I invited Ballou out of Kansas . I invited Vance who is located in Kansas , but their paving operation is in Arkansas and I invited a contractor that I have heard a lot about over the years , out of Arizona . So , I inv ited fi ve qualified contractors , we got a pre-b id conference , wh ich was mandatory and three showed up ... that would be Vance and BASS and Broadaway Holdings . There were a lot of questions . Instantly two of those folks took exception to the fact that we were specing our own mix and they felt like they could better tell us what we wanted for our streets and better tell us what our construction schedule should be . There were some issues about the product be ing proprietary. The emulsion m ix from Lou isiana is proprietary. That fellow owns that design on how he manufactures that emulsion . My guys had understood ... they were think ing the whole m ix design was proprietary , so in the specification they hadn't given the mix design . So we put that in an addendum and we sent out a two page addendum . Two of the contractors acknowledged the addendum ... that would be Broadaway Hold ings and Ballou . The third contracto r would not acknowledge the addendum , so we sent out a second addendum in written form and aga in we only had response from those two ... the third contractor d id not even respond to the wr itten addendum . So , we had a b id opening and Broadaway Holdings was the low b idder. That information is here . There is a spread sheet. Ballou also bid ... they were about 16 % h ighe r and cond it ioned the ir bid . T hey were happ y to come do the work , but they d idn't wan t to guarantee the ir wor k . The bid documen t fro m Vance was sen t back to us with no bid . So, that is what our bid process consisted of . I think we did a thorough job. I think we haven't done anything different as far as specing quality product and schedules that best serves the City of Englewood ... the same thing we have done for 19 years . And so based on those things , we ask that you award that contract to Broadaway Holdings . Mayor W olosyn said before I open it up for ques tioning ... there is a letter included in our packet from Vance Bro thers and going thro ug h it, you've actually answere d the one question that I really have a hard time with when it said that "we require tha t the emulsified asphal t be purchased from a producer in South Louisiana" and goes on to say "there is a plant within 30 miles of Englewood that is capable of supplying this product." However , I am hearing you say that, that is really not the case ... that it is a proprietary formula peculiar to this place in Louisiana and this is what we have worked with and it is part of what we want. .. this product laid on our streets . Director Kahm said if we knew of an emulsion manufacturer that had a proven design that would work w ith this aggregate that was 30 miles from here , we would be happy. Our experience has been ... l can only assume he is referring to Koch Asphalt and Koch , a few years ago, was merged with somebody else that has a name that starts with S involved in it. The h istory with Koch was that when we started out , it wouldn't work . Not too many years after we started doing this work and we were using BASS and using Ergon emulsion , the fellow that was selling for Koch in this area happened to be a good friend of Jake Broadaway and said he could produce an emulsion for us Englewood City Council August 21, 2006 Page 8 that would be cheaper and it would be closer . And so we said fine , so he took the product , he took the Asphalt Paving Company aggregate and came back months later and said it won't work . We can't make it work . So we said fine . I want to say it has been ten years ago probably , but Koch came to us and said we can do this , we can make this and so we said fine . So they spent a lot of time in the lab ... keep in mind that this testing costs ... to go through a full test and come up with a mix design, is probably about $10 ,000 .00 . So they went to the trouble to do that , and they came back and said it works and here are the test results and whatever. So, we set out that particular year and we bought 5,000 gallons of Koch emulsion ... intending to use it. When we got in field conditions , as opposed to nice controlled lab conditions ... in field conditions ... we started and I can still remember that we were down on Decatur , south of Union, and as the temperature came up in the morning ... they started laying it about 6 :30 and at 7:30 the temperature came up a little bit ... this was in May ... and it would no longer lay. The chemistry wasn 't right. So, that is the experience that I have had with that emulsion . Later that year, the same contractor ... and I'm not trying to slam them ... because that is prior to the people that are at Vance now ... but Vance took that trucker, that tanker of emulsion and they invited 50 State engineers to a test to demonstrate how this stuff works , on 1-70 , just up the hill from 470 . And after it wouldn't work and we had failed in the field and they brought 50 engineers in and showed them that they couldn't lay it either ... so, that is what I know . Over the years, for awhile, Cobitco Emulsions, which is up at about 58 1 h and 1-25, had a license from Ergon and they manufactured our emulsion for three years up at Commerce City , we used it. It sounds like we are bringing emulsion across the country , you 've got to remember the stuff has to get here in whatever form . The only difference is, is that we are moving water, instead of just pure asphalt, from a freight standpoint ... so it is a little more costly . We would love it if there was really an emulsion that would work . The letter states that there is all this stuff that has been done using that emulsion up and down the front range ... probably with slurry product. We started using that gray granite way back in 1987 and I think everybody that does slurries, throughout the metro area, still uses that gray granite because that is the best rock around . There are other people ... Cobitco ... there are several people that can manufacture emulsion that works w ith the slurry product, but not with micro-surfacing . We will always be looking for that. We always hoped that there would be a market developed for micro here, but what you really need is the State ... because other states use this on the interstates and everything else ... use micro -surfacing ... but every opportunity that came along to develop market here , my opinion is , that the contractor shot themselves in the foot fighting over it every time and managed to not make it happen . Wayne and I went down years ago, when the State did a test section down at Pueblo on 1-25 and the contractor brought in a substandard aggregate and we were down there a few days after they started and it was already failing . And I was down there three months later and it was gone . The cheapest product is not necessarily the best product, when it comes to micro systems . Mayor Wolosyn said I am right in my understanding that this emulsion , this surface that works for us, really can only be obtained from Lou is iana? Mr . Kahm said that is the source that I am aware of. Ms . Wolosyn said you know it , the way I look at th is is that th is is an expens ive investment that we do every year and it is good to have as many problems solved as we ca n, go in g in . I think that to locate t he person who does the right surfacing is the way to mi nimize the cost to eve ryone . Mr. Ka hm sa id like I sa id , I don 't know of a local source . I know this , that when I first talked to Vance ... when they ap proach ed us ... and the y've got a pl ant in Kan sas C ity an d initiall y his st atem e nt to me was ... well you know you are going to have to import an emulsion from out of State no matter w hat you do . So , I don't know where the comment comes as far as a source being here . Mayor Wolosyn said it means that they didn't apply, also . Does anybody else have any questions? Council Member Barrentine said they make some accusations here on how much difference they believe that the price would be ... anywhere from $55 .00 to $110 .00 less per ton . You know, I have a huge amount of respect for you and your Department, I think that that's mirrored in the asset tha t we have been given under the new governmental accounting of what our streets really are valued ... as an asset to the City. Before, that was a requirement and being included and we have paid attention to that and you have done a beautiful job . I am not questioning that you would prefer to use this material, but I have a couple of the questions they brought up, I think I would like some answers to ... in that some of the examples that you brought up are, you know, ten years old . We have been doing this for 18 years ... 17 years you said ... so I know that there were some unsuccessful attempts to try and use some other materials , but still , if it's ten years ago, it's ten years ago . If we have in place, right now, the opportunity for other people to adequately assess what it is we are looking for so that they can come up with a competing product , if they have it. The accusation that they make in number 6 is that they weren't allowed the laboratory des ign ... the full amount of that or access to the test ing . I believe that is another number , and if you c ou ld add re ss tha t. .. I th in k that is number 3 and number 6 . Englewood City Council August 21, 2006 Page9 Mr. Kahm said yes , if I could . Number 6 ... when we put out the addendum righ t after the pre-bid meeting ... they were provided with the m ix design . Ms. Barrentine said I'm sorry ... l don 't want to leave that vague out the re . On number 6 their question is ... "that the PWD has procured a mix of design from a cert ified laboratory, however , they have fa iled to supply the potent ial bidders with the results of the entire m ix design ." Number 3 ... they brought up ... "the PWD has directed contractors to use specific suppliers but requires the contractors to be held financially responsible for any and all test ing that the engineer, may, at his discretion , require and that these tests can be expensive ." Mr. Kahm said in the addendum that was sent to them ... the one that they would not acknowledge ... we specifically pointed out in the addendum ... the sect ion they are referr ing to , is who was the buyer that had to pay for the testing ... and the addendum absolutely said the City would pay for the testing. So, that was a non-issue that had been answered in the addendum . On number 6 ... the mixed design was sent out in the addendum pertaining to 3 .1 request for mixing . It says "our mix design is emulsion 13%, water 7 to 9%, cement .25%, K-3 additive .04 to .10 %. We also let them know that the additive, when we did our test section, we are putting additive in it at .04 to .10% ... that is not very much . And so , based on the information we got from Vestal Lab, we cut that additive and we went with one part of 25% of additive and 75% water ... and cut it to make it more fluid and easier to measure . We knew that from our field work and so we even prov ided that in the addendum . Ms . Barrentine said it is unfortunate that they didn 't acknowledge the addendum . At any time did they try to give you another product that they thought was ... ? Mr . Kahm said sure, but if I could , in number 8 he starts a sentence "in the addendum it states" so he wouldn't acknowledge the addendum ... twice ... but he admits in number 8 that he received the addendum . He said so those other questions he asked had been answered in the addendum and he asked them again anyway . Ms . Barrentine sa id did they, at anyt ime , try to supply what they bel ieved to be a comparable product? Mr. Kahm said no . Ms . Barrent ine said okay. Mr. Kahm said in fact, I was cur ious because I don 't know of anyone that has done any micro-surfacing in the metropolitan area , other than us and other than the folks that have used what we are using and the contractor that we have used for years . I was curious ... I called Asphalt Pav ing and they sa id tha t they could assure me that Vance has not bought a pound of the ir aggregate in the last six or seven years . Ms . Barrentine said so they didn't say, we think that we 've got a product that is sim ilar to this and we wouldn 't take a look at it? She said in that case , I think it was a little irresponsible of them to put dollar figures to what they th ink it would be, when they didn't supply a bid, but that is just my opinion . Mr. Kahm said but they didn 't and as far as the talk about what we paid last year versus what it should have cost , I want to point out that the third b idde r ... the one that d id g ive us a number ... is Ballou Constru ction and they ha ve been in the bus iness every b it as long as Vance . And Ballou gave us a number, they j ust didn 't want to be respons ible for it. But if you will note ... that is an ISSA contract. .. look what the ir number is. Th is is expe nsive stuff . We a re not putting the cheapest stuff on the streets that you can buy, bu t we are also gett ing the result s . I don't know of a metro politan city that hasn't had a failure with micro or slurring in the last ten years . Ms . Barrentine said thanks for answering those questions . I appreciate it. Mr. Kahm said sure . Mayor Wolosyn said I have a question just for clarification . Whenever they don't want to guarantee the product. .. I mean, we are telling them they buy the pro duct from the place in Louisiana, so is it the application of the product that we want them to guarantee? Mr . Kahm sai d yes, we sai d we will guarantee the quality of the products ... we test them , we have c onfidence in them . The ISSA, again, is an industry group, and in the early days when we met them , they controlled micros and slurries , because they had all the technology ... no one else had it. And so they got accustomed ... part of their job was going to somebody that. .. like us in 1986 , when we didn 't know anything ... and telling us what we needed and we believed them . And , we only did that one time and we learned that wasn't the best route . I have continued my $100 .00 a year governmental membership , because it g ives me access to all the ir technology . But the fact is, every year when I look at their membership it is dw indl in g , because th is is all out in the public doma in . Th is stuff is being taught in college now. They don 't control it and they don 't own it any more . And so, that is someth ing they are struggl ing wit h . The fellows that really brought all of th is together Just aren 't getting as much of the action as they would like to be getting, so ... I can understand that too . Englewood City Council August21,2006 Page 10 Mayor Wolosyn said I second Laurett in thank ing you for helping us understand th is . Mr . Kahm sa id and I will always cont inue to look for other sources and if we can find one , we will gladly buy the product here . But, even if we are buying product here, you will probably always see us try to control the system itself , because we don 't want to be in that 1,920,000 group of failures again . Mr . Kahm said unless we are directed otherwise , we will continue to be supportive of downtown and Broadway businesses by minim izing the impact of this work on those bus inesses and on the traveling public . I think that is our responsibility . Council Member Woodward said I think that is really important and that is something , I think , in an off way that they are trying to address in item number 7 here ... is how productiv ity is held to a m inimum . Well yes , it is held to a min imum , but we are providing for the c it izens of not only th is City but everybody that is moving to the north and to the south . Mr. Kahm said last year we did Broadway all the way from Yale full w idth to Hampden and then filled ruts all the way down to Quincy. We went through that and by only working those half days, technically, we were actually on Broadway 17 or 18 days ... and during that time , I had one complaint from one business and I had two complaints from the motoring public . So, if we are trying to take care of the citizens and the taxpayers out there , I think we are doing a good job . Mayor Wolosyn asked if there were any other questions . Council Member Woodward said I have some questions . You know , Rick , I was out there and watching some of the appl icat ions and have been watch ing th is over the past year and I am really impressed with the end product. I'll say it isn't very pretty , but it is really effective in one year periods . Just to clarify , you say the full width between Highway 285 and Grand Avenue will be covered ... does that mean that we are covering from what we covered last year , from 285 down to Quincy, w ith the ruts ... now we are going from gutter to gutter there? Mr. Kahm said we will go gutter to gutter where we filled the ruts at the north end of that section and when we get down to the area where we will be doing the median project , we will only pull the ruts , so that the median project next year won't affect that pavement. Mr. Woodward sa id okay , so that area between Quincy and Hampden ... that will actually improve the look . Mr . Kahm said it will improve the look and this year's project with this additive and with what we saw in the test sect ion , w ill g ive us a much better looking project as well. The durability will be there , but it will also be aesthet ically mo re pleas ing . Mr . Woodward sa id okay . Mr. Woodward said my last question . Broadway Hold ings , LLC ... are they a local firm? I am j ust cur ious as to how they come up with Broadway Hold ings and it happens to be the work they are doing on Broadway . Mr. Kahm said the re is an extra 'a' in t here ... it is actually Broadaway and th is is James Broadaway who has owned BASS and as he is gett ing older , he has moved th ings around and everyth ing is now part of h is hold ings company . Mr . W oodward sai d very g oo d, I di dn't see that , I'm so rry . Mr. Kah m sai d he still does bus ines s as BASS . Mayor Wolosyn asked if there were any other questions . Council Member Oakley sa id I would like to state that the proof of th is product , we see every day on our streets . We started our reconst ruction projects in 1956 w ith a 20 year life expectancy and to date none of these streets have had to be reconstructed ... so you can do the math . This was no accident. This was started by Kells Waggoner. The maintenance surfacing tha t we had available at that time ... which was just a chip seal. .. but never the less it was something to extend the life and when we saw that we needed to go to so mething mo re serious than that, we went to slurry seal and then to micro-surfacing . The proof is there . The product is there . We pay a l ittle bit more for it , but it is a quality product. It is tried and true . And for a contractor to come in here and try to force us , or convince us , that we are wrong ... that upsets me . That is all I've got to say about it. Mayor Wolosyn asked if there was any more d iscussion . There was none . COU NCIL M E MBER W OODWARD MO V ED, AN D IT WAS SECON DED , TO APPR OVE AGE NDA ITE M 11 (c) (ii) • AWARD THE CO NTR ACT FOR THE 2006 MI CRO-SU RFACI NG PR OG RAM TO BR OAD AWAY H OLDIN GS LLC , IN THE AMOUNT OF $297 ,960 .00. Englewood City Council August 21, 2006 Page 11 Mayor Wolosyn asked if there was any more d iscuss ion . There was none . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Barrentine, Mccaslin , Wolosyn , Woodward , Tomasso , Oakley None Counc il Member Moore Mayor Wolosyn said thank you Rick, very much . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said there has been a request for a lia ison to the BID . The liaison would act like any Council liaison ... attend the meetings and help Council to understand and keep Council very informed of what the BID is doing . And I know Mr. Woodward has suggested that he would like to do this . So, if there are no objections ... Council Member Barrentine said actually I am very interested in taking that position . I had a lot of concerns about the BID . I think it should be somebody who is not presently involved with the Chamber or with the ACE Committee . I've worked a great deal w ith the businesses in doing the Englewood Days and these would be along the l ines that they would be wanting to use some of the BID monies for ... so I am interested in tak ing this posit ion . Mayor Wolosyn sa id J im isn 't on the Chamber and he isn 't o n AC E. Council Member Woodward sa id I have been attend ing the ACE meetings ... Counc il Member Barrentine said I have been pretty involved in do ing some of the BID stuff ... work ing on th is w ith the comm ittee and I am very interested in tak ing that position . Counc il Member Tomasso sa id I would be interested in that also , s ince I have worked w ith Old Town Englewood fo r several years now and with several of the ir Car Shows and help e d them w ith tha t. I attended a lot of those meet ings . And I have also helped w ith the BID and I was ve ry su pport ive of them obta in ing the BID . Coun cil Member Woodward sa id I would like to w ithd ra w in favor of Ra y be ing appo inte d to that po sition . Council Member Barrentine said my only concern would be that I have no dog in this fight. I am not a business owner in this community and I really believe that I could do a better job of representing Council and the citizens on there . I have no personal interest. .. because I have no bus iness in the area . My objectivity was brought to the forefront, from the beginning , with my concerns about how the BID would be formed and our involvement in there and I think I have both sides ' interests at heart without having my own agenda involved . Mayor Wolosyn said is the BID just like any other commission or public meeting that anybody can attend? City Attorney Brotzman said correct. Ms . Wolosyn said do we have to have a liaison? It said we may. Attorney Brotzman said it does say may. Mayor Wolosyn said could we have two or could we say that for the next, or through the election we are going to hold off and have people go to the public meetings and report back or ... ? City Attorney Brotzman said any of the above . Mayor Wolosyn said then we can have two? Mr. Brotzman said sure . Ms . Wolosyn said then I th ink I am going ahead and let's have two . It will give us a broad representation ... Mr. Tomasso and Ms . Barrent ine . Ms . Wolosyn said I th ink that will give us a broad representation and view point when we hear back from both of you , as I hope we will ... it's going to be an intense few months . Englewood City Council August 21, 2006 Page 12 Council Member Woodward said I just want to make one comment that once ... if and when the BID is approved by the businesses and land owners and goes into affect , I think it is important for those businesses to understand and have the one ex officio member from Council. I know in the past there has been some bad blood , so to speak, and I just think it is important that we have one member there rep resenting us and only one member. That is all I wanted to say. Mayor Wolosyn said I will take that into consideration. Thank you . (ii) Mayor Wolosyn said next Saturday is both Funfest and the 5K . Both of these things have participants from three of our Boards and Commissions . The 5K is sponsored by Keep Englewood Beautiful. hope people get out and support it. And the Funfest. .. the Parks and Recreation Commission and the Arts Commission take part in that. (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I wanted to thank Doug Cohn for bringing the information on Englewood Days and I am very impressed by the amount of support ... all along , up and down Broadway ... Sheridan and some Littleton businesses and a lot of support in the community for this event. .. and a lot of support from Public Works, Chris Olson and Safety Services as well, and the Community Development Department. When we have that kind of collaboration , it is just fantast ic , so I just wanted to say thanks . 2. She said I also wanted to say thanks to Vance Brothe rs. Because of the ir letter, I probably learned a lo t more about slurry and micro-surfacing than I would have ever though t. However, one th ing that I have always been impressed with is that our Departments are never afraid to answer questions and I think it is wonderful that they brought the questions forward , regardless of their agenda. All the departments in Englewood have always been w ill ing to step forward and answer the hard questions that get brought forth. And I think that that needs to happen and that availability is important. I apprec iated the information , but I appreciate that they brought the quest ions forward too . So , thank you for all your hard work in putting that together . It is appreciated . (ii ) Council Member Mccaslin : 1. He said I would like to thank Joe Sack , his staff and some City employees for the picnic that was held last week at the Malley Center for the volunteers . It was great. We had a p retty good turnout and it was fun to see that peop le are enjoying the Malle y Center and we are help ing the sen iors of Englewood . 2. He said the other one I would like to thank is Dan Brotzman, Sam Watson and Jim Woodward for helping to clear up some issues related to the cleaning up and maintaining abandoned and foreclosed properties in Englewood . I think it is very important. The last couple of weeks some issues were brought up as far as what we should do and I think they helped clear up some things . So thanks very much . (iii) Council Member Oakley: 1. He said I too attended the Malley Center function and I was glad to be there. 2. He said also I would like to commend Rick on the presentation he gave tonight. This letter made it necessary. It took a little time and I think you will appreciate Rick's knowledge in this area when you notice that he used no notes . He knows his stuff. Thanks Rick . (iv) Council Member Tomasso said one issue that I brought up last year at the Car Show ... is the City going out and marketing itself during the Car Show , since we have all these visitors in town? Basically , we have a lot of car oriented businesses ... be they paint shops , restoration shops , parts shops ... and this is a perfect time . We have all these visitors coming into town, it is a perfect time to go out and market the town , show what we have to offer and how friendly the town really is. I th ink it is an opportunity that the City should take advantage of. Englewood City Council August 21, 2006 Page 13 (v) Council Member Woodward : 1. He said a number of us attended the opening and dedication of the off-leash park ... Englewood Canine Corral. I think it was a real success. I understand that in the first week it was vandalized a couple of times, which was really disappointing. Having gone down there, kind of policed it myself and watched what is going on down there, it is fascinating . It is still fascinating to me to see the number of people and the number of dogs and how these dogs react.. .it is really something. And I think it is a very successful dog park . And Dave Lee, thank you and Jerrell Black and Parks and Recreation . 2. He said I also wanted to mention Funfest is coming up this Saturday at 10 o'clock, at Belleview Park . And the KEB 5K ... we are still looking for plenty of registrations . I just wanted to mention that dogs on-leash are welcome, as they were last year and we had some in there, mothers and fathers with strollers and children and walkers, so please come and have a good time . Thank you. 13 . City Manager's Report (a) City Manager Sears said we received word late tonight about a School/City Committee meeting tomorrow night. I know we have been trying to put together dates for a long time . The meeting is tomorrow night at 4 :30 . Ray and Jim will be there on behalf of the Council and staff will also attend . (b) City Manager Sears said a reminder again that next Monday night is the Board and Commission Appreciation evening and that is going to be at Centennial Park at 6:00 p.m. So mark your calendar. We have a couple of nice things to hand out. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment ~ ~URN. The meeting adjoumed at 8 ,33 p .m . 1 . Call to order. 2. In vocation. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, August 21, 2006 7:30 p.m. Englewood Ci vic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 3. Pledge of Allegiance.~ Consideration of Minutes of Previous Session . Minutes from the Regular City Council meeting of Augu st 7, 2006. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ff 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Tim e for unscheduled public comment ma y be limited to 45 minutes and if limited shall be co"J~uiJ~"ti!lf °)Jussion ) 8. Communications, Proclamations, and Appointm ents . .. ~ a. Letter from Vic Calonder announcing his resignation from the Urban Renewal Authori~ 3rP d ~ 1i.-z3roclamation regarding National Alcohol and Drug ~ddiction Recovery . ~ I I~ {J.:::Jt)ent Agenda Items . 9 {J-/-re,.,.? __ ~"'I./' a. Approval of Ordinances on First Reading. i. Council Bill No. 32 -The Water and Sewer Board recommends Council adopt a "'"sill for an Ordinan c ; approving the Amended and Restated Wastewater Transmission Agreement with County Line Landfill. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Englewood City Council Agenda August 21, 2006 Page 2 b. Approval of Ordinances on Second Reading. i. ii. Council Bill No. 24, to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design , easement acquisition, and construction related to the Big Dry Creek Trail p.etween Lehow Avenue and Broadway. Council Bill No. 34, authorizing an IGA with Colorado Water Conservation Board for an Emergency Agreement for replacement of a 16" water main at Dartmouth and South Platte River. c. ~sand Motions. 10. Public Hearing Items . (No Public Hearing Scheduled.) er 11. Ordinances, Resolutions and Motions. a. b . C. Ap~ Ordinances on First Reading. Approval of Ordinances on Second Reading. ~ Resolutions and Motions. i. Recommendation from the Parks and Recreation Department to approve, by Motion, a contract for professional services during the golf course redevelopment for golf course co7st~ti~~ ~s~r~jlion. STAFF SOURCE: Dave Lee, Manager of Open Space. /fi fr-,,,GJ/ ~ ii. Recommendation from the Public Works Department to approve, b'i. Motio"!, 40J .--awarding the contract for the 2006 Micro-Surfacing Program . Staff recommends I'-' t:1 ~ awarding the contract to the lowest acceptable bidder, Broad~ay Holdings LLC, -rr&fv.v the amount of $297,960. STAFF SOURCE: Rick K;~;;; Wo~ 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13. Ci ty Manager's Report. ( Englewood City Council Agenda August 21, 2006 Page 3 · 14. City Attorney's Report. 15. Adjournment. '£ ;~ Pl a e note : If you have a disability and need auxiliary aids or servic , please notify the City of Englewood (303 -762 -2407 ) at I ast 48 hours in ad an ce of when ervices re needed. Th nk you . 1. 2. 3 . 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, August 21, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7:!3:/~~ Invocation . ~ Pledge of Allegiance .~ Roll Call . & ~) / ~ {llta,,e,e) 5. Consideration of Minutes of Previous Session. Of12I Q-1) a. Minutes from the Regular City Council meeting of August 7, 2006. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) D 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to fi ve minutes. 8 . Time for unscheduled public comment ma y be limited to 45 minutes and if limited shall be contin~d to Gi!n~J,ail Discu~c;,J~ln~ ~A . ) a . vou ~ (!()/{ 1J -eJJ flV,'C;I(.) IJ~ Y ~ t..H;:, SI/ I) rv Communications, Proclamations, and Appointments. Letter from Vic Calonder announcing his resignation from the Urban Renewal Authori ~ Proclamation regarding National Alcohol and Drug Addiction Recovery.~ i. Council Bill No. 32 -The Water and Sewer Board recommends Council adopt a Bill for an Ordinance approving the Amended and Restated Wastewater Transmission Agreement with County Line Landfill. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . Pl a e not : If you have a disability and need auxiliary aids or servic s, plea e notify th City of Englewood (3 03 -7 62 -2 407 ) t I a t 48 hours In advance of wh n ervices are n ed d. TI, nk you . Englewood City Council Agenda August 21 , 2006 Page 2 b. Approval of Ordinances on Second Reading. i. ii. Council Bill No. 24, to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design, easement acquisition, and construction related to the Big Dry Creek Trail between Lehow Avenue and Broadway. Council Bill No. 34, authorizing an IGA with Colorado Water Conservation Board for an Emergency Agreement for replacement of a 16" water main at Dartmouth and South Platte River. c. Resolutions and Motions. g-- 10. Public Hearing Items. (No Public Hearing Scheduled .) ~ 11 . Ordinances, Resolutions and Motions. a . b. C. Approval of Ordinances on First Reading. e-- Approval of Ordinances on Second Reading. Resol~and Motions. i. ii. Recommendation from the Parks and Recreation Department to approve, by Motion, a contract for professional services during the golf course redevelopment for golf course 7~t~u~tion o~se~ation . STAFF SOURCE: Dave Lee, Manager of Open Space. {/I~ &ffd (rO Recommendation from the Public Works Department to approve, by Motion, awarding the contract for the 2006 Micro-Surfacing Program . Staff recommends awarding the contract to the lowest acceptable bidder, Broadaway Holdings LLC, in the amount of $297,960. STAFF SOURCE: Rick Kahm, Public Works D~ 12 . General Discussion. a. Mayor's Choice. b . Cou ncil Members ' Choice. 13 . City Manager's Report. Pl Englewood City Council Agenda August 21 , 2006 Page 3 14. City Attorney's Report. 15. Adjournment. g'. ~~ Please note : If you have a disability and need auxiliary aids or services , please notify the City of Englewood (303-762-2407) at least 48 hours in ad ance of when services are n ed d. Thank you. \ 1. 2. 3 . 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, August 21, 2006 7 :3 0 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood , CO 80110 Call to order. '/:f/~r-- lnvocation. ~ Pledge of Allegiance.~ Roll Call. & ~) ) ~ {~tJtiR.,e) 5. Consideration of Minutes of Previous Session. Off' /;--t} a. Minutes from the Regular City Council meeting of August 7, 2006. ~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) g 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. 8 . Time for unscheduled public comment ma y be limited to 45 minutes and if limited shall be contin~d to G~n~L3' Discu~J~ ,,,A . 1 a. vou. ~ eoH1..1-eJJ ~ IJ~Ys '-Ht:. SI/IJr,v Communications, Proclamations, and Appointments. Letter from Vic Calender announcing his resignation from the Urban Renewal Authori~ Proclamation regarding National Alcohol and Drug Addiction Recovery.~ i. Council Bill No. 32 -The Water and Sewer Board recommends Council adopt a Bill for an Ordinanc e appro ving the Amended and Restated Wastewater Transmission Agreement with County Line Landfill. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Please no te: If you have a disab ili ty an d nee d auxil iary ai ds or services , pl ease notify th e Ci (303 -7 62 -240 7) at leas t 48 hours in adva nce of when services are needed . Tha nk notify th e City of Englew ood d d. Tha nk yo u. Englewood City Council Agenda August 21 , 2006 Page 2 b. Approval of Ordinances on Second Reading. i. ii. Council Bill No. 24, to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design , easement acquisition , and construction related to the Big Dry Creek Trail between Lehow Avenue and Broadway. Council Bill No. 34, authorizing an IGA with Colorado Water Conservation Board for an Emergency Agreement for replacement of a 16" water main at Dartmouth and South Platte River . c. Resolutions and Motions. g- 10. Pl!blic Hearing Items. (No Public Hearing Scheduled.) g- 11. Ordinances, Resolutions and Motions. a. b. Approval of Ordinances on First Reading. ~ Approval of Ordinances on Second Reading . C. Resol£'and Motions. i. OprJfrO Recommendation from the Parks and Recreation Department to approve, by Motion, a contract for professional services during the golf course redevelopment for golf course ~~~u~tion o~se~ation. STAFF SOURCE: Dave Lee, Manager of Open Space. {/I~ ii. Recommendation from the Public Works Department to approve, by Motion, awarding the contract for the 2006 Micro-Surfacing Program. Staff recommends awarding the contract to the lowest acceptable bidder, Broadaway Holdings LLC, I tJffd fro in th e am o unt of $297,960. STAFF SOURCE: Rick Kahm , Public Works 0~ 12. Ge ner al Dis c us sion. a. M ayo r's Choi ce. b. Cou nci l M embers' Choice. 1 3. City Manager's Report. Plea se not : If you have a disability and n (303-762-2 407) at I ast 48 hour ' Englewood City Council Agenda August 21 , 2006 Page 3 14. City Attorney's Report. 15 . Adjournment. g'. :,33 ~ pt a .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: AUGUST 21, 2006 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC .• NAME ADDRESS TOPIC 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 7, 2006 II The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:37 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine , Oakley, Mccaslin , Woodward , Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services D irector Gryglew icz , F inance and Administrative Serv ices Director Kahm, Public Works Operations Superintendent McCormick, Utilit ies Director Simpson , Community Development Director Eaton , Human Resources Director Black , Parks and Recreation Senior Planner Graham, Community Development Housing Finance Spec ialist Grimmett, Community Development Economic Development Coordinator Hollingsworth , Community Development Police Commander Sanchez, Safety Services Fire Division Operations Chief Pattarozzi , Safety Services Fire Battalion Chief Fox, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 24, 2006. Mayor Wolosyn asked if there was any discussion . There was none. Vote results : Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Englewood City Council August 7, 2006 Page 2 Motion carried . 6 . Recognition of Scheduled Public Comment There were no scheduled visitors . 7. Recognition of Unscheduled Public Comment (a) Jan Birmingham , an Englewood resident , said I am currently on the Board of Directors for Englewood Unleashed and on their beha lf , I would love to say thank you for listen ing to us . We are very excited about opening the park on Saturday. I am very excited . If you haven't seen the bricks leading to the park , it is awesome . We are already in Phase 2 to buy more bricks and we 've got money to work with the City to buy some amenities for the park . So , we are look ing forward to that. Thank you very much . Mayor Wolosyn said thank you for all your hard work and perseverance . Well done . 8 . Communications, Proclamations and Appointments There were no commun ications , proclamation or appointments . 9 . Consent Agenda (a) Approval of Ordinances on First Reading The re we re no add iti o nal items subm itted fo r approval on first read ing . (See Agenda Item 1 1.) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i), (ii) and 9 (c) (i). (b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO . 26 , SERIES OF 2006 (COUNCIL BILL NO . 30 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO THE AUTHORI T Y O F THE CITY OF ENGLEWOOD , COLORADO WITH RESPECT TO THE ISSUANC E OF SING LE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS ") TO FINANCE RESIDENTIAL HO USING FACILITIES FOR LOW AND MIDDL E INCOM E P ERSONS AND FAMILIES WITHIN THE CIT Y O F ENGLEWOOD, COLORADO A ND CERTAI N OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . (ii) ORDI NAN CE NO . 27, SERIES OF 2006 (COU NCIL BILL NO . 33, I NTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY, A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BO N D CEILING ALLOCATION ACT . (c) Resolutions and Motions (i) RESOLUTION NO . 71, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET -OPEN SPACE FUND FOR THE UTILITY LINE EDUCATIONAL TREE PLANTING PROJECT GRANT. ( Englewood City Council August 7, 2006 Pagel Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Kahm presented a recommendation from the Public Works Department to adopt a bill for an ordinance to enter into an agreement with the South Suburban Parks Foundation (SSPF) in which the SSPF will reimburse Englewood for all out of pocket expenses and local matching funds related to the design, easement acquisition, and construction related to the Big Dry Creek Trail between Lehow Avenue and Broadway. He said as you are all aware, Englewood has worked, since 1994 , with Littleton and the South Suburban Parks Foundation on developing the trail on Big Dry Creek between the Platte River and the Highline Canal. To this point in time, there have been five projects ... one included the bridge across the Platte River and the other four extended the trail system all the way up to Lehow. Right now there is a project currently underway on the east side of Broadway. We are not involved with that project. .. South Suburban is . They are putting in that section from Broadway along the apartments there , back to the southwest. Back in 2003 , Council ( approved an o rdinance approving an IGA with COOT for some Federal funding for Phase 1 and Phase 2 ... that is remain ing between Lehow and Broadway. We approved an award for a construction contract on the Phase 1 tra il system back in March of 2004 and that has been broken into two pieces now. The piece between Lehow and Broadway remains incomplete at this point. There is a problem with some right-of-way from Lehow towards Broadway and so it has been broken into two pieces . In the last section, when we were involved with South Suburban , we were just a project sponsor and so that was a very informal relationship with South Suburban . As we got into that , we realized we had the same responsibilities , financially, as if it was our own project. So, we decided with th is particular phase , we should formalize this agreement with South Suburban and get a contract , so that we are guaranteed repayment for all the expenses on th is phase of the project. As I mentioned , they broke th is in to two pieces . They will build the piece about 950 feet from Broadway, back to the west where we have right-of-w a y ... into t h is next phase ... and then South Suburban w ill continue to work ... and that will actually e x pend the rest of th e Federa l money we received and South Suburban 's fund ing . And then South Suburban will c ome up w ith additional fu nding , to fi n ish u p a t a lat e r date , t he portion where we are lacking right-of-way and also a bridge across Big Dry Creek at Broadway and a ramp to get you from Broadway down to the trail system . ( Mayor Wolosyn asked if there were any questions for Mr. Kahm . There were none . COUNCI L MEMB E R WOODWARD MOVED , AND IT WAS SE CONDED , TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCI L BILL NO . 24. COUNCIL BILL NO . 24 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION . Mayor Wolosyn asked if there was any discussion . There was none . Mayor Wolosyn said thank you R ic k . Mr. Kahm replied, thank you . Englewood City Council August 7, 2006 Page4 Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (ii) Operations Superintendent McCormick presented a recommendation from the Utilities Department to adopt a bill for an ordinance authorizing an IGA with Colorado Water Conservation Board for an Emergency Agreement for replacement of a 16" water main at Dartmouth and South Platte River. He said I handed out a picture ... because a picture is worth a thousand words . We had a small water main leak on our 16" pipe that is under the Dartmouth Avenue bridge that spans the South Platte River . To ge t into it and get it fixed, we needed a license agreement with the Colorado Water Conservation Board . It is their property and we had a ramp down into the river bottom to get to it. They were very willing to work with us on an emergency basis. The leak has been repaired, but because it is an Intergovernmental Agreement ... we are requesting this approval by the Council tonight. Mayor Wolosyn asked if there were any questions . Council Member Barrentine said did you say the leak has been repaired? Mr. McCormick said yes, we repaired it as an emergency on Saturday morning, August 51 h . Ms . Barrentine said but this is to get it repaired? Mr . McCormick said this is just because it is an agreement with the State . Council Member Woodward said do you have a rough idea of the cost? You say the contractor will be retained on a time and material basis . Mr. McCormick said right , it was about a 4 hour job , plus getting rental equ ipment. We had to get a lift in there , we had to get a tow truck to let the lift go down in to the river and two people working ... one welder and one contractor to run the lift. I haven't seen a bill yet, bu t it is probably under $5,000 .00 . Council Member Barrentine said who normally supervises the T & M jobs? Mr. McCorm ick said I do and Mitch Riley. Ms . Barrentine said I feel good about that. But the work has already been done? Mr. McCormick said yes , we were there and we saw it repaired . Ms. Barrentine said okay and that was the only other question that I had ... that normally we supervise those jobs. Mr. McCormick said yes , we supervise those and I w ill get it seeded . Seeding hasn 't been done yet, but I will do tha t. Mayor Wolosyn asked if there were any more questions . There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCIL BIL L NO. 34. COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "E M ERGE NCY A CCESS AGREE ME N T C ITY OF E N GLEWOOD WATER PIPELINE REPAIR JULY 28 , 2006 ", RELATED TO T H E RE PAIR O F A BROKEN WATER PIPELI NE BETWEEN THE CITY OF ENGLEWOOD , COLORADO A N D THE DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD . Mayor Wolosyn asked if there was any discussion . There was none. Vote resu lts: Motion earned . Ayes : Council Members Barrentine. Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Reading - Englewood City Council August 7, 2006 Page 5 (i) Council Bill No . 28, approving a Property Lease Agreement with the Sheridan Redevelopment Agency pertaining to the redevelopment of the Englewood Golf Course was considered . Mayor Wolosyn said we have already had discussion on this , so unless anybody wants to add anything , do we have a motion? COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) • ORDINANCE NO. 28, SERIES OF 2006. ORDINANCE NO . 28 , SERIES OF 2006 (COUNCIL BILL NO . 28, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A PROPERTY LEASE PERTAINING TO THE REDEVELOPMENT OF THE ENGLEWOOD GOLF COURSE. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward , Tomasso, Oakley Nays: None (ii) Council Bill No . 29 , an emergency ordinance creating the South Broadway Englewood Business Improvement District (BID) pursuant to Colorado Revised State Statutes§ 31-25 Part 12 was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 29, SERIES OF 2006. ORDINANCE NO . 29, SERIES OF 2006 (COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY. Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn sa id congratulations . (iii) Council Bill No . 31 , approving a Construction Agreement with the South Suburban Parks and Recreation District to construct trail improvements for bicyclists and pedestrians along the South Platte River was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) {iii) -ORDINANCE NO . 30, SERIES OF 2006 . ORDINANCE NO . 30, SERIES OF 2006 (COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION A G REE MENT REGARDING CONSTRUCTION OF THE TRAIL EXPANSION AND BUFFER PROJECT 0 Englewood City Council August 7, 2006 Page 6 RELATED TO THE MARY CARTER GREENWAY TRAIL BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE SOUTH SUBURBAN PARKS DISTRICT . Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Ayes : Nays: Motion carried . Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley None (c) Resolutions and Motions (i) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a resolution establishing a new line of credit with WestStar Bank for $750,000 .00 to support the activities of the Housing Rehabilitation Enterprise Fund and to approve the City Manager or designee to negotiate three additional one-year periods that will not increase the amount of the line of credit. She said I am here this evening to ask Council's approval of the new line of credit with WestStar Bank that will continue the Housing Rehabilitation Fund and our ability to make loans throughout the City of Englewood for homeowners that qualify . This particular line of credit has been a very integral part of the success of the program since the program started in 1977. Our agreement with Vectra expired last year and we discussed this new agreement with Council last February. It has taken us six months to get some of the details of the agreement ironed out, but we are here this evening requesting approval of that agreement. The additional three years is standard language that we have had in past lines of credit. It just allows us to be able to renegotiate for additiona l one-year agreements ... to handle it internally, with the City Manager's office and staff ... without having to bring it back to Counc il. Mayor Wolosyn asked if there were any questions for Ms. Grimmett. Council Member Woodward said the Vectra Bank line of cred it in the amount of 1.178 million dollars ... in reading this it appears that there is $60 ,000 .00 currently owing on that, is that correct? Ms . Grimmett said the line of credit. .. if there was any funding available on the line, it expired at the end of the line of credit last Fall . So , what we have owing are just those agreements that have completed their construction and we are making payments on ... that is part of that 1.19 . Mr. Woodward said okay , at the end of the agreement for the line of credit , is that balance due and payable ... or does it go out on the 20 year? Ms Grimmett said it was never drawn down , so it just exp ires ... it is just unavailable for us to continue to do new loans . Mr. Woodward said okay. And when th is says WestStar Bank to be d isbursed for one year to support the Rehab Program ... in defin ing support , does that mean for these act ua l loans or is the re any other costs associated w ith the word support ... adm inistrative or anything else that g oes al o ng w ith that? Ms . Grimm et t s aid t he fund ing that we rece ive is stric tly for the construction and the loan made to the homeowner. Any cost that we have in processing the loan ... for title work , appraisals, for credit reports ... those are included in the loan and charged to the homeowner and are part of the loan . But there is no staff administration time that is charged in that. Mr. Woodward said okay and I think your interest rate is a very good interest rate for right now ... fixed for w hat appears to be for a year with monthly adjustme nt s according to pri m e . Thank you . Mayor Wolosyn asked if there w ere any other questions . Council Member Mccaslin said did you broaden the scope of people who could apply for these? Was it limited before? M s . Grimmett said yes , it was lim ited before . U nder our Vectra agreement, they limited it to roughly what the equivalent of 100% of what HUD deems is the median income fo r the average family in the area . WestStar wasn't as concerned about that , so they gave us permission to eliminate the income limits en t irely. So , we now can accept applications from any family in the community, regardless of income . Mr. M ccaslin said thank you . Mayor Wolosyn asked if there were any other questions . There were none . ( Englewood City Council August 7, 2006 Page 7 COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 72, SERIES OF 2006. RESOLUTION NO . 72, SERIES OF 2006 A RESOLUTION APPROVING A NEW LINE OF CREDIT WITH WESTSTAR BANK FOR $750 ,000 TO SUPPORT THE ACTIVITIES OF THE HOUSING REHABILITATION ENTERPRISE FUND AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE THREE ADDITIONAL ONE-YEAR EXTENSIONS FOR THIS LINE OF CREDIT THAT WILL NOT INCREASE THE TOTAL AMOUNT OF THIS LINE OF CREDIT . Mayor Wolosyn asked if there was any more d iscussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Janet. (ii) Director Simpson presented a recommendation from the Englewood Environmental Foundation , Inc ., to adopt a resolution supporting leas ing the vacant plaza retail space located at CityCente r Englewood . He sa id I am here tonight as a Foundation member. We have been trying to market this plaza retail space for between 18 and 24 months , after the vacancy created by the Dav id Taylor Dance Theater . We have a proposed user fo r th is vacant retail space . As requested by Counc il, we have created a Property Rev iew Committee . The proposals that we have seen over the last several months have gone to the Committee. The Property Review Committee reviewed the current one in front of us tonight and has recommended approval of that proposal. The user is an arch itectural firm that would ta ke the entire 8600 square feet of space. They would be taking it on a 60 month term for lease . That lease will go to activate that retail space and create 16 new jobs here at CityCenter. Further more , the user w ill be doing the ir own tenant finish in that space and as a result of that , will reconfigure that space and put it into , what we believe , is a much more usability standard in that we had a very limited amount o f use for a dance theater. We will have a lot more use for office space for the future . There are no negative fi nanc ial impacts wit h th is and in fact , th is w ill actually stem some of the cost s that we have been incurring on that space . At th is t ime , as the Englewood Env ironmental Foundat ion Directo r, we are requesting that Council adopt a resolut io n support ing the use of th is vacant plaza retail space for th is new te nan t. Mayo r W olosyn asked if there were any qu esti o ns or discussion . Council Member Barrentine said I want to say that yo u had ment ioned tha t Darren Hollingsworth had done an awfu l lot of work on this and I apprec iate it. .. the effort of tak ing a space that , orig inally , was configured to a spec ific use and trying to make it marketable , was not an easy job . After hav ing looked at the shape it was left in and the way tha t it was orig inally designed, you had your hands fu ll try ing to do that. I appreciate that we have put somebody in there that we don 't need to subsidize , that is willing to take over some of the responsibilities of making that into a more marketable property. For two and a half years we have paid at least $5 ,300 .00 a month , so it is just a win /win all the way around . I appreciate the hard work that it took to make this happen . Thank you . Mayor Wolosyn said in addit ion to thanking Darren , I would also li ke to thank Margaret McDermott who served as the representative from the Bus i ness Committee on the pane l. COUN C IL MEM BER O AKLEY MOVE D , AND IT WAS SECO NDED , TO AP PROV E AGE NDA ITEM 11 (c) (ii) - RESOLUTION NO. 73 , SERIES OF 2006 . RESOLUTIO N N O . 73 , SE RIES OF 2006 Englewood City Council August 7 , 2006 Pages A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION , INC . (EEFI) SUBLEASE OF THE VACANT PLAZA RETAIL SPACE LOCATED AT THE CI T YCENTER ENGLEWOOD SITE . Mayor Wolosyn asked if there was any more discussion . There was none. Vote results: Motion carried . Ayes : Council Members Barren ti ne , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None D irector Simpson sa id thank you . (iii) Econom ic Development Coord inator Holl ingsworth presented a recommendation from the Community Development Department to adopt a resolution approving the slate of Board of Directors for the South Broadway Englewood Business Improvement District. He said this evening, with the creation of the South Broadway Englewood Bus iness Improvement District , we will be asking for the creation of a Board of Directors. The Board of D irectors will be determining the annual pr iorities for the BID , as well as oversee ing the ongoing activities for the Business Improvement District. Pursuant to State Statutes , the Board of Directors must be appointed by the City Council. The BID Selection Committee has put forth the following slate of Directors : Ted Vasilas -Ted 's Clothiers; Jon C . Cook -Auto Dealer Lending ; Rick Reese -Dress for Less Clothiers ; Bob Laughlin -Acoustic Music Revival ; Bob Voth -Sir Speedy Instant Print ing ; Richard Weigang - Catholic Store ; Bryan Reid -Edward 's Tobacco Shop . He sa id that is all I have and thank you . Mayor Wolosyn aske d if there were any qu es tions or comments. Council Wood rd aic. ,ust wanted to make a point and that was with regard to Mr . Cook who is certa inly a very qualified landown er within the district. .. Auto Dealer Lending is in the City and County of Denver. I take it that these are just iden t ification of the ir bus inesses . His personal office is there , but aga in , like I said , he is a very qual ified owner of commercial property on Broadway. Mr . Holl ingsworth said Mr. Cook owns approx imately 22 propert ies on Broadway and as owner of the properties , he would be el igible to be on the BID Board , which requires that they would have to be a rate payer , so Mr . Coo k is , by those standards , qualified . Mr . Woodward sa id right and Auto Dealer Lend ing is just the place of his phys ica l , pr ivate offic e ... tha t's a ll that means . Mr. Holl ingsworth said tha t would be the name of h is bus iness , bu t again, un de r that umbrell a, he holds several propert ies in Englewood ... a good number of prope rti es in En g le wood . Council Member Barrentine said since the BID doesn't truly exist yet. .. until the vote happened , how was the selection made? Mr . Hollingsworth said the selection was made by the BID Selection Steering Committee and that was headed up by the BID Steering Committee Group primarily and they actively worked to select members that were representative of the entire corridor. Ms . Barrentine said have all of these members had an opportunity to work with the process so far? Mr . Hollingsworth said I believe so . I have worked with the Steering Committ ee and I know these names , bo th from the Steering Committee and otherwise ... they signed on the petition endorsing the BID and the City staff was not involved in that particular process, but the BID Steering Committee headed that up . Ms . Barrentine said okay and they all agreed to serve? Mr. Hollingsworth said yes , they have all agreed and they all recommended this authority . Ms . Barrentine said this is another process , this last process, that we have to do in order for this to be voted on ... so I just wanted to make sure that the people that were in place had already been participating, so that this last, final phase can go through to the vote . Mr . Hollingsworth said that was actually a critical part , I believe , of their selection process . They wanted to make sure that they had signed off on the petition , as well. Ms . Barrentine said because their work, by far , hasn't been done yet. Mr . Holl ings worth said there is still work to do yet. The election , if this goes forward , will be in November . Thank you . Ms . Barrentine said okay , thank you . Mayor Wolosyn asked if there were any other questions . There were none . ) I ( Englewood City Council August 7, 2006 Page 9 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii)· RESOLUTION NO. 74, SERIES OF 2006. RESOLUTION NO . 74 , SERIES OF 2006 A RESOLUTION ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS . Mayor Wolosyn said I would like to thank you guys for coming forward and helping us on this . We will work together to make Broadway really good . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (iv) Director Eaton presented a recommendation from the Human Resources Department to appoint, by motion, a hearing officer for a disciplinary appeal filed by former Officer Joe Wilson. She said I believe that you have the resumes of the three hearing officers that were approved last year, by Council, to be part of the panel for such purposes . Mayor Wolosyn said do we have a motion to select one of these men? Council Member Barrentine said have they served an awful lot in the past? Ms. Eaton said last October was the last time that we used one of the hearing officers that we appointed . Ms . Barrentine said okay. Some of these copies are difficult to read. I thought maybe we had just been using them an awful lot lately . Ms . Eaton said they have been recycled a few times . Council Member Woodward said in looking at this ... you said we have used some of these in the past or maybe all of them , I don't know. Ms . Eaton said yes we have and I believe the last hearing officer that we used was John Difalco. Mr . Woodward said okay . In just looking at them ... there isn't a whole lot of information there for me . I guess the one , as I looked at it, that I circled , personally, was Ronald Cohen . Council Member Barrentine said could I ask if Dan has any insight on them? City Attorney Brotzman said we actually are not allowed . Sue and I are not allowed to make a recommendation to you . He said any of the three of these are fine with us . We have agreed that these are three acceptable candidates ... any of the three . Council Member Barrentine said of the three, can we know over a period of time, which of them have handled cases? You said the one gentleman handled the last case, but how many have all of the three of them handled? Ms . Eaton said I don't have an exact number for you . I th ink the last time that an officer was appointed, we didn 't use him and I believe tha t was Ben Aisenberg . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPOINT RONALD J . COHEN AS HEARING OFFICER FOR A DISCIPLINARY APPEAL FILED BY FORMER OFFICER JOE WILSON . Mayor Wolosyn asked if there was any discuss ion . There was none. Vote results : Motion carried . Ayes : Council Membe rs Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn a id th nk you Sue. Englewood City Council August 7, 2006 Page 10 (v) Director Kahm presented a recommendation from the Public Works Department to approve , by motion, a contract for the Safety Serv ices Records Room remodel project. Staff recommends awarding the contract to the lowest technically acceptable bidder, IBEC Construction Company , in the amount of $55 ,584 .00 and total estimated project cost of $70 ,399 .00. He said Council approved this project in the 2006 Multi-year Capital Plan . As you walk through the front door of Safety Services , if you are a member of the public, your first opportunity to talk to anyone wou ld be at the windows that go into this records room . This is orig inal to the 1972 construction and is in much need of repair . We met with Safety Services a couple of years ago and started looking at what we might do to improve that area . What we really found was the floe,. was terribly overloaded from 35 years worth of records . So we worked with Chris and I think he used some forfe iture money but we were able to scan those records and open that room up ... but it is in much need of repair . The only thing that is really unusual about this project is that when we advertised this , we went out and we used the Rocky Mountain E-Purchasing System that is used by 21 governmental agencies in the front range . We had 61 vendors pull plans and we had a pre-bid conference ... we had 11 companies attend . The reason we are recommending we award this to the lowest techn ically acceptable bidder is because IBEC was the only bidder on this project. We have researched them, we verified they are capable of doing this job and we believe that we should go forward . One of the things that I might add , we believe that one of the reason we didn 't have that many bidders was that, for openers, it is a night job . The other thing is that to work in Safety Services all of these folks have to go though a clearance ... so all of .. their folks would have to go through background checks and all ... so I think it was just a lot of extra hass le for contractors . Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (v) -A CONTRACT WITH IBEC CONSTRUCTION COMPANY, FOR THE SAFETY SERVICES RECORDS ROOM REMODEL PROJECT, IN THE AMOUNT OF $55 , 584.00 . Mayor Wolosyn asked if there was any d iscuss ion . There was none . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward, Tomasso , Oakley None Mayor Wo losyn s a id th ank you R ick . 12 . General D iscussion (a) Mayor's Choice (i) Mayor Wolosyn sa id I have a request. I serve as the Council Representative or link to the Englewood Education Foundation and one of the members, Howard McGregor, who actually donated the sound system for the room up here ... for Hampden Hall ... is organizing a Foundation event. He wants to bring people from the industrial sector down to Hampden Hall to talk about the Foundation . I told them that I would ask, respectfully, if Council would waive the base fee for rental , but I told them they would have to pay for the facility attendant and also they want a special room set up . But, I think it is an easy way for us to support the Foundation and the work they do in the community , but still they will be responsible for the extra labor. So , I am wondering if I can go ahead and offer that to them ? Council Member Tomasso sa id I th ink it is a great way for the City to partner with the school system . Mayor Wolosyn said thank you . And it is, you know they are going to pay for our costs , wh ich I appreciate . (ii) Mayor Wolosyn said Saturday was Art About. I would like to thank members of the Community Development Department...in particular Harold Stitt and Nancy Fenton ... who did a really fabulous Englewood City Council August 7, 2006 Page 11 job of organizing, what I think, by everyone's account, was a successful day . It was just a great day and many people asked me to pass it on to the City and the City Council their appreciation for it. (iii) Mayor Wolosyn said on Saturday night, MOA had their major thing they do , performance wise , for the City ... outside . It was almost rained out, but it came off and there was a surprisingly strong turnout in the rain . (iv) Mayor Wolosyn said Wayne Oakley received a document about options at the King Soopers . Mr. Oakley said yes , it appears to be a packet that you received some other time . Mike will know more about that. Mr. Flaherty said that was part of the packet that Community Development presented to Council in February at their retreat. Ms . Wolosyn said I have it then, thank you . Mr. Flaherty said yes , we can provide additional copies if anyone needs one . Ms . Wolosyn said no , I have it , thank you . (v) Mayrr Wolosyn said Friday afternoon I went to the opening of the Skerritt House . There are a number of healthcare providers there ... l think a chiropractor, massage therapist and nutritionist. They did a beautiful job of finishing the inside of that building . I was so impressed . I think it was a positive outcome ... to which anybody who sat on Council knows ... was a negative process . But in the end, I think we facilitated something in the private and non-profit sector that helped retain this historical place in our community. I think good processes are sometimes difficult and it was gratifying to see the outcome . (b) Counc il Members ' Choice (i) Council Member Barrentine : 1. She said I had forgotten to thank Bob S impson for the work that he did in acqu iring that tenant fo r tha t space in th is building . 2. She said I also wanted to thank Bob for working with the Eng lewood Days project.. .the merchants and Positively Englewood and Chamber event that we are planning . He made it possible ... he communicated with the contractor for that lot that is still open , so that they could go ahead and access that and I appreciate the involvement with that. And thanks also to Rich Kahm and the Public Works Department for all their hard work in address ing what the traffic issues might be . 3. She said also for Publ ic Works , we needed to fi nd out what was go ing on w ith the ligh t at Oxford and Logan and I app rec iate you gett ing on that so qu ic k. 4 . She said j ust all up and down Broadway, the exci temen t rega rding Eng lewood Days is j ust fan tastic . It is ju st ni ce to see people pu lli ng togeth er to p ut to geth er an eve nt like this . It is al w ays d ifficult w hen you are trying to do it for the first time , but there is a lot of excitement and a lot of involvement and it is appreciated . (ii) Council Member Mccaslin : 1. He said I attended the Ice Cream Social on Friday before I went out of town and what a neat event. It was just neat to get to know some of the guys in Utilities and the Water Department and the people there . I stayed there from about 1 to 3. I think it was neat to just put some names with faces and so forth . 2 . He said on National Night Out we attended three events, then unfortunately the rain kind of put a kibosh to a lot of the events. but it was great. It was just neat to talk to the residents and to hear their concerns . I think everyone that we talked to was, generally, pretty happy with what is happening in Englewood . So , I had two very positive events in Englewood within the last week . Thank you . (iii) Council Member Oakley said I attended the Englewood Employees Recognit ion Awards ceremony on Wednesday . It was a nice ceremony and I was glad to see the employees attend . (iv) Council Member Tomasso: Englewood City Council August 7, 2006 Page 12 1. He said on National Night Out , the police and fire received quite a few compliments for their response time and the ir presence in the community . I was wondering if we could structure something for them to appear at the Car Show , like they did for National Night Out and do more PR. .. where they are showing off the ir motorcycles and talking to the kids , handing out the cards and the Junior Deputy badges like they did , because the k ids seemed to be really happy to get those little stickers . I think it would be really nice , on a day when people are com ing into the community , to have the pol ice out there ... basically , a presence , but doing PR. .. a really nice , strong PR. You know , something differen t from other communities, possibly. 2 . He said I have a couple of houses in my District that are in the final stages of be ing repossessed by banks ... one of which has sold . It is not on the records in Arapahoe County as having been sold ... the previous owner is still listed as an owner. It is in foreclosure and there are weeds . I know that Code Enforcement has put notices on the door. I think we need a new process to speed up the ability to take care of these properties . When they go into foreclosure and they are owned by banks , on either coast of the country , and they can 't be reached and they have attorneys taking care of these things , who can't be reached, then we need a procedure , and maybe it is just to put the responsibility under the direction of the City Manager to have these properties cleaned up at the end of the 14 day notice and then the fee assessed to that. Mayor Wolosyn said as you know, we have that schedu led to discuss on September 181h . Mr. Tomasso said right, but as summer progresses, the Christmas trees in the front yard get taller. (v) Council Member Woodward : 1. He said I also attended the lunch on Wednesday to honor the employees and there was a spec ial acknowledgment to Monty from Publ ic Works for 50 years of employment w ith the City , which is pretty incredible to me . 2 . He sa id on National Night Out, Bob and I went together and we received feedback on a couple of City employees that I wanted to mention . Some very nice things were said about how helpful Bill McCorm ick was w ith some issues that a citizen had and also Tricia Langon in Community Development...how helpful she was . 3 . He sa id on Saturday at 9 o 'clock , after five full years of working on the issues of off-leash dog parks , we are finally going to have our open ing . I hope people can attend and celebrate that open ing with us . I know I intend to be there . Thanks . 13 . City Manager's Report (a) City Manager Se ars s aid first of a ll , I had o n the Study Ses s ion Ag e nda that Cra ig Hosp it al had sent us a letter, which was a very nice letter from Denny O'Malley asking for street closure on C l arkson . I guess the surprising thing , from our end , was that he had asked for it for June 7, 2007 , and, generally, we get these two weeks ahead of time , so it was really a very pleasant letter . I have now talked to Rick and it is one of the things we can accommodate , but we would like to make sure that City Council is okay with this and also, possibly, our participation with them, because the 100 year anniversary celebration really is part of our community . So, unless there is any objection, we will go ahead and send a letter to them saying to please proceed . (b) City Manager Sears said I also want to say that we are in the middle of budget. Right now we are reviewing things and while it is great to hear really good positive things ... I am very positive about where the City is . We are taking a look at the budget and some of our budgets, especially with some of our salary increases, are exceeding the 4% level that we had talked about , because of the survey results . And , of course , at this point in time , it is kind of a dream list and we have a lot of interest out there, so we are putting together, at the staff level, a preliminary budget to bring to the City Council. At the end of this month we will have a Staff Retreat , to go through and prioritize where we are so that we can stay fiscally sound . Then again , I want to emphasize the meeting on September 23rd with the City Council, where you will have a chance to take a look at the budget. It is too early for me to say we are too far out or too far in, but you know , I think as in every budget year , we are going to have to make sure that we have the revenue to meet our expenditures and we are tak ing a look at that. Englewood City Council August 7, 2006 Page 13 (c) City Manager Sears said and I just want to say thanks to the staff and Mike Flaherty and my staff in particular. .. for their support while I was gone and thank you to the Mayor and City Council. About a year ago I didn't know a town name Belm, Germany existed . I don't think they knew Englewood existed either on the other side of the pond, but I did get a chance to meet the City Council there in Belm and they did give us their emblem, their plaque, so I want to hang this up in the Council room along with their picture of their community. They are very interested in having a delegation come next year to Englewood and possibly be hosted by us. They did host me while I was over there and it went from just a City Manager exchange to possibly something more than that. To actually have the CityCenter project in the newspaper in Germany was pretty phenomenal. That was pretty amazing . And, I think one of the most incredible things was outside the Council Chambers, they had a picture of the World Trade Center ... a painting that was put there in recognition of the World Trade Center. So, it did certainly have an effect around the world . I just wanted to say thanks again for support in this exchange . We will be writing certain things up to put into some publications about how things like City festivals make a difference and land use and other types of things . Mayor Wolosyn said thank you Gary. 14. City Attorney's Report (a) City Attorney Brotzman said I do have a request for a settlement in the Public Service monitoring case ... the actual settlement is in your packet. Ken Fellman did a great job in representing us, but I want to offer a special congratulations to Rick, and his staff in the Public Works Department, who spearheaded getting the coalition of the cities together to actually work with Public Service in getting the settlement done . So , I do have a request for a motion on the settlement agreement. Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE A SETTLEMENT AGREEMENT WITH PUBLIC SERVICE. Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 15 . Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :22 p .m . .... rNTHE 3!1:00 BLOCK OFSOU'I'H BROAD'WAY'! GOLD-------------------------- ~ ,~, ~ G,eate , Englewood il!;!;[iJilJ#·t;l-1 l'.\I'.'\ 11 H'\ \l 'l'l'I) {,\~ CITY OF \ ............. .. ( ~~·~)~t?k. ~~~~~~f~ - --·---------·---------------SlLVER---------------EN_G_Le_woo_o ______ _ ALIGNMENT MASTERS TAINT !~~!:!~-~-! ~°l~·~~:.c DAJNT 1 011 1 -~ ....... -.. -·-·~~ ~ ~•1'Al'll ~ . . ---~J ~ ~~ • 1.~.~~~~!.1 r~;-;~~~~"'! , t BY ,REST:: ' • • I I IN TER-OCEAN I -ltlAL • • C URIOSITY • .., A. PAll lSTATl , ~ , . , . , ! sTuo,o ! ~,.,.,..wt.. G1tou, :,;..""-" L3.o_:~~~~e.2., _ •p• RONZE (--FR_O_N_T_R_A_N_G_E_M_O_Ti_O_R_CY_G_'L_ES--) ON TRACK PERFORMANCE• BLAST-TECH• JERRY'S LEATHER GOODS• COLORADO CAR INTERIORS • AA PERFORMANCE MUFFLER • GEORGE'S BAR & GRILL • PORTEii PLACE HOT ROD HOTSEY • FOUR SEASONS OUTDOOR EQUIPMENT • THE SOUTH lll!ITAUIIANT REV MOTORS• STEAKHOUSE 10 • WALMART • DISCOUNT TIRES ON BROADWAY BROTHERS GLASS CO . • RICO'S • HOLIDAY ON WHEELS RV • HOODLUMS FOR MORE INFORMATION CALl DOUG (303-782-1173) OR CHRIS (303·11 3147) ~z,. CAR SHOW COLORING CONTEST BRING ENTRIES TO JERRY'S ART-A-RAMA 3473 S. Broadway BYl2 PM, SEPT. 9, 2006 PRIZES TO BE ANNOUNCED Open to children 3-12. Use crayons, felt tips, water colors ... anything you want! All entries must be in by 12 pm on Saturday, September 9, 2006. Entries will be judged by Positively! Englewood members and winners will be announced at 3 pm the same day at Jerry's Artarama, 3473 S. Broadway in Englewood . Entries will be on display during the Car Show. Please put child's first name and last initial only on the drawing, and include the information below to qualify for contest. (Information will not be displayed.) Entry constitutes permission to display drawing . Age ________ _ Address _______ _ Phon e ________ ~ F°" more 1ntormahon call 303· 762 ·8873 °" 303· 789-38'7 T~ & Prni,g lmlled&,i • 3460 S. Broadway • Englewood 303. 781 .4848 ; Artist's First Name and Last Initial Age: ___ _ August 4, 2006 The Honorable Olga Wolosyn Mayor, City of Englewood Vic Calonder 4830 S Inca St. Englewood , CO 80110 Membe~s of the Englewood City Council 1000 Englewood Parkway Englewood Colorado 80110 Dear Mayor Wolosyn and Members of Council : ~ AUG -7 2006 ' .• ·····~·---.......... _ ... _ _,,., ... Thank you for the opportunity to serve on the Urban Renewal Authority. It is with regret that I inform you I am unable to continue my appointment to the Authority . At this time, I am unable to devote the time and energy I feel are necessary to fully support the Authority and its work. My resignation is effective immediately. Please accept my best wishes to the City and the EURA for a successful and productive future . S..., r < "'-.r-.J 110 ·1-~,,.n'/, ~( r ;.,,., pc::( ·~1c-i'f' f,~ 0~ 1v-~r1 t J..,..., {, ' ' I /\ c·c "'"' t "II (~ , ( ( .. vt (<;v ft j , T - 8a ( PROCLAMATION WHEREAS, substance use disorders are a serious and treatable health problem , and as man y as sixty-three percent (63%) of Americans say that addiction to alcohol or other drugs has had an impact on them at some point in their lives , whether it was the addiction of a friend or family member or another experience, such as their own personal addiction ; and WHEREAS , because recovery from alcohol and drug addiction is possible and treatment is effective, the challenge is to bring treatment to all who need it ; and WHEREAS , educating our community about how substance use disorders affect children, families , and all community members is essential to overcoming stigma and discrimination needs for addiction treatment as well as referring them to appropriate treatment -and their family members to support services -is a crucial first step in helping people realize that recovery is possible and treatment is effective ; and WHEREAS, barriers to accessing treatment programs that can help heal lives , families and our community are a significant problem for our neighbors, friends, co-worker, and family members; and WHEREAS celebrating individuals in recovery and saluting the health care provi ders who helped them obtain treatment, educates our community about the benefits of treatment and affirms that such providers deserve adequate compensation for their services ; and WHEREAS , the U . S . Department of Health and Human Services, Substance Abuse and Mental Health Services Administration ; The White House Office of National Drug Control Policy; invite all residents of the City of Englewood, Colorado to participate in National Alcohol and Drug Addiction Recovery Month -September, 2006 ; and WHEREAS , on behalf of the citizens of the City of Englewood, Colorado, I am pleased to celebrate September 2006 as National Alcohol and Drug Addiction Recovery Month in the City of Englewood, Colorado ; and NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim the month of September 2006 as : NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in the City of En g lewood , Co lo rad o. I urge all of o ur residents to "JOIN THE VOICES FOR RECOVERY: BUILD A STRONGER, HEALTHIER COMMUNITY" by supporting men , women a nd yo uth s who are in drug and alcohol addi c tion treatment and recovery. GIVEN under my hand and seal thi s 2 1st d ay of August, 2006. Olga Wolo y n . Mayor 8b COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 21, 2006 9 a i Amended Wastewater Transmission Agreement for County Line Landfill Initiated By: Staff Source: Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their July 11 , 2006 meeting, recommended Council adopt a Bill for an Ordinance approving the Amended and Restated Wastewater Transmission Agreement with County Line Landfill. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed amended agreement w ill allow County Line Landfill to continue to discharge accumulated groundwater and condensate to the collection system of the Littleton/Englewood Wastewater Treatment Plant under the conditions of a Wastewater Contribution Permit. The previous agreement expired May 15 , 2005 . The Littleton/Englewood Wastewater Treatment Plant Pretreatment Division has monitored pollutants quarterly from the landfill since 1985 and has not seen a significant impact from the landfill's discharge. Th e permit is re ev aluated ev ery year, after th e facility inspection . The existing Waste w ater Con tr ibution Permit wi ll expire May 15, 2008 and is subject to renewal. The landfill discharges an average of 470 ga ll ons of gro un dwat er con d ens ate p er y ear since 2004. The Pretreatment Division assesses this discharge from the landfill and ana lyzes the da ta to det ermi ne im p ac t to th e coll ection system and the wastewater treatment plant. The Was tewater Contribution Pe rmit requires the landfill to continue to submit volume and content data so the pretreatment division can monitor this discharge. FINANCIAL IMPACT None. LIST OF ATTAC HM ENTS Bill for an Ordinance ORDINANCE NO . SERIES OF 2006 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT" BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT , THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, SOUTHGATE SANITATION DISTRICT , SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1, WASTE MANAGEMENT OF COLORADO, INC . AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , Waste Management of Colorado is the operator and manager of the County Line Landfill, which is owned by Douglas County and located in Douglas County at the intersection of S . Colorado Blvd . and County Line Road ; and WHEREAS, rainfall and natural drainage have caused storm waters containing contaminants or potential contaminants to collect at the Landfill ; and WHEREAS , South Arapahoe San itation District owns public sewer facilitie s in the v icinity o f th e Landfill ; and WHEREAS , South Arapahoe 's mains flo w into the Big Dry Creek Interc eptor, which is owned in various segments by Southgate Sanitation District and the C ity of Englewood and , which is operated pursuant to the 1990 Basin Interceptor Agreement; and WHEREAS , th e Interceptor d eli ve r s sewag e flo ws from South Arapahoe 's service area to th e Littl eton/E nglewood Wastewater Treatment Plant; and WH E REAS , in 19 85 , South Arapaho e, th e County, Waste Manage m ent Colorado and En g le wood ent ered into a Wa stew ater Tran sm issi on Agree m ent , pursuant to wh ic h sto rm waters co ll ec t ed at th e Landfill have been tran smitted to t he W astewater Treatment Plant , this Agreement was extended and modified by an Amendment in 1990 ; and WHEREAS , under the 1985 Agreement Waste Management Colorado installed a lift station and dewatering sump , which were then connected to the south Arapahoe sanitary sewer system, which is called the "Landfill Tap"; and WHEREAS , in 1995 in recognition of changed circumstances , the parties en tered into a restated and amended version of the 1985 Agreement to add an additional tap , referred to as the "Fairways Tap" and to make other changes ; and WHEREAS The 1995 Agreement wa extended twice and expired May 2005, upon expiration, the agreement required that the taps be disconnected from South Arapahoe ' system; and -1- WHEREAS , the passage of this Ordinance will authorize the proposed amended agreement allowing County Line Landfill to continue to discharge accumulated groundwater and condensate to the collection system of the LIE Wastewater Treatment Plant under the conditions of a Wastewater Contribution Permit ; and WHEREAS , the Wastewater Contribution Permit is reevaluated every year , after the facility inspection; and WHEREAS , the Englewood Water and Sewer Board recommended Council approval of the Amended and Restated Wastewater Transmission Agreement with County Line Landfill at their July 11 , 2006 meeting ; and NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The Intergovernmental Agreement entitled "Amended and Restated Wastewater Transmission Agreement" between South Arapahoe Sanitation District , the Board of County Commissioners of the County of Arapahoe, Southgate Sanitation District, South Englewood Sanitation District No . l , Waste Management of Colorado , Inc. and the City of Englewood, Colorado , attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood , Colorado . Introduced , read in full , and passed on first reading on the 21st day of August , 2006 . Published as a Bill for an Ordinance on the 25th day of August, 2006. Olga Wolosyn , Mayor ATTEST: Lo ucrishia A . Elli s, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first rea ding on the 21st day of August, 2006. Lo ucrishia A . Ell is -2- " AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT THIS AMENDED AND RESTATED WASTEWATER TRAN SMISSION AGREEMENT ("Agreement") is made and entered into effective as of June 19, 2006, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTH ARAPAHOE"); the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the "COUNTY"); and WASTE MANAGEMENT OF COLORADO, INC., a corporation ("WMC"). RECITALS A. The COUNTY owns County Line Landfill (the "Landfill"), located in Douglas County, Colorado at the intersection of South Colorado Boulevard and County Line Road. B. WMC is the operator and manager of the Landfill pursuant to an agreement with the COUNTY. C. Rainfall and natural drainage have caused storm waters containing contaminants or potential contaminants to collect at the Landfill. D. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. E. SOUTH ARAP AHOE's mains flow into the Big Dry Creek Interceptor (the "Interceptor"), which is owned in various segments by Southgate Sanitation District ("SOUTHGATE") and the City of Englewood ("ENGLEWOOD"), and which is operated pursuant to a Basin Interceptor Agreement dated as of August 1, 1990 (the "BIA"). The Interceptor delivers sewage flows from SOUTH ARAPAHOE's service area to the Bi-City Treatment Plant (the "Plant") owned jointly by ENGLEWOOD and the City of Littleton; ENGLEWOOD operates and manages the Plant pursuant to an agreement with the City of Littleton. F. On or about January 2 1, 1985 , SOUTH ARAPAHOE, the COUNTY, ENGLEWOO D and WMC entere d into a Wastewater Transmission Agreement (the "1 98 5 Agreement") pursuant to which storm waters collected at the Landfill have been transmitted to the Plant. The 1985 Agreement was extended and modified by an Amendment dated October 1, 1990 (the "Amendment"). G. Under the 1985 Agreement, WMC installe d a lift station and dewatering sump, which were then connected to the SOUTH ARAPAHOE sanitary sewer system. This :onnection to SOUTH ARAPAHOE facilities is hereinafter cal l ed the "Landfill Tap." H. On or about March 31, 1995, in recognition of changed circumstances, the parties entered into a restated and amended version of the 1985 agreement to add an additional tap, referred to as the "Fairways Tap," and to make other changes. The 1995 agreement was 1 I! X H I B I T extended twice, and the last extension expired May 15, 2005. Upon expiration, the agreements require that the taps be disconnected from SOUTH ARAPAHOE 'S system. I. The dewatering of the Landfill is essentially complete, but it will be useful to the COUNTY and WMC to continue the connection of the Landfill Tap to SOUTH ARAPAHOE 'S system, in order to discharge a small amount of "condensate" that continues to collect in the lift station vault, together with ground water that is introduced intentionally to provide sufficient fluid volume to permit the lift station pumps to operate properly. It is anticipated that the combined volume of condensate and ground water ("combined discharge volume") will not exceed 600 gallons per month. J. SOUTH ARAPAHOE and the other participants in the BIA have no objection to the continuation of the Landfill Tap connection, subject to the terms and conditions hereof. AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and undertakings set forth herein, the parties agree as follows: 1. Limited Scope of Agreement. The purpose of this Agreement is to permit the use of SOUTH ARAPAHOE facilities and the Interceptor to convey discharge resulting from "condensate" and ground water as above recited, and only from the Landfill and only for a limited period of time. This Agreement shall not be construed or asserted as the basis of any offer or willingness or ability on the part of SOUTH ARAPAHOE, SOUTHGATE, or ENGLEWOOD to provide sanitary sewer service to the public generally or to any area outside the specific limits of the Landfill, except as is specifically provided herein. 2. Landfill Tap. The Landfill Tap shall be governed by this Agreement. A drawing depicting the location of the Landfill Tap connection is attached hereto as Exhibit A , and incorporated herein by reference. The Landfill Tap co1111ection shall not be altered or modified in any manner without express prior written consent SOUTH ARAPAHOE. 3. Fairways Tap . If not done by the date of execution hereof, the Fairways Tap shall be physically di sconnected from the SOUTH ARAPAHOE system and properly abandoned per SOUTH ARAPAHOE'S directives no later than August 1, 2 006, at the expense of WMC and the COUNTY. WMC shall give SOUTH ARAPAHOE at least seventy-two hours' advance notice before performing the disconnection. 4. Connections Limited. WMC and the COUNTY shall prevent the connection of sewer lines from any area other than the Landfill through the Landfill Tap . In addition to any other remedies herein provided, SOUTH ARAPAHOE shall have the right immediately to discoru1ect facilities serving any other area regardless of where the unauthori zed connection is made and to charge the COUNTY and WMC for the costs thereof. 2 ( 5 . Other A!!reements/Permits . 5 .1 In the performance of their obligations under this Agreement, the COUNTY and WMC will satisfy, adhere to, and be bound by all of the performance standards , terms, and conditions contained in the following contracts: a. NEW WASTEWATER CONTRIBUTION PERMIT# 90-02 with an effective date of May 16, 2005, and an expiration date of May 15, 2008 , permitting WMC to discharge to the Plant; and b . Connector's Agreement between the COUNTY and ENGLEWOOD dated August 20, 1984, as amended by Amendment dated June 27, 1987 and Consolidated Amendments to Agreements dated July 2, 1990; and c. First Amendment to the Consolidated Amendments to Agreements dated March 21, 1995 . A violation or breach of any of such standards, terms, or conditions will be deemed a violation or breach of this Agreement and will be cause for termination hereof, without regard to whether either of the referenced contracts are in force at the time of the alleged violation or breach. 5.2 Additionally, the COUNTY and WMC understand and agree that all the rights and privileges granted them by SOUTH ARAPAHOE herein are subject to the provisions of the Connector's Agreement between SOUTH ARAPAHOE and ENGLEWOOD and any successor agreements. 5 .3 All service furnished hereunder by SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall be subject to applicable Rules and Regulations of SOUTH ARAPAHOE and SOUTHGATE, to the ENGLEWOOD Wastewater Utility ordinance, and to any and all treatment permits issued by ENGLEWOOD for the discharge from the Taps, all as now or hereafter constituted. 6 . T a p A ll ocations . The t ap allocations of SOUTH ARAPAHOE under ENGLEWO O D 's tap allocation p rogram, if any, are not affected by either the Landfill Tap or the Fairways Tap . 7 . Connection Charges. 7.1 Notwithstanding the prov1s10 n s of Section 5 a b ove, because of the limited term of this Agreem ent and the time and rate restrictions on di sch arge in Section 10 below, there shall be no additiona l SOUTH ARAPAHOE tap fee for the continuation of the Landfill Tap. · 3 7 .2 Also because of said limitations and restrictions , the Landfill Tap shall not be deemed a connection to the Interceptor under the BIA . If, however, discharge from the Landfill Tap causes any impact upon any gallons-per-day capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTH ARAPAHOE. In such event the COUNTY and WMC shall be liable for the payment of Line Charges under the BIA, calculated as provided therein, and SOUTH ARAPAHOE may impose such tap fees or system development charges upon the Landfill Tap as are applicable generally within that District. In lieu of the foregoing, however, SOUTH ARAPAHOE may, at its discretion but not later than sixty (60) days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY and WMC by SOUTH GA TE or ENGLEWOOD, alter the time and rate restrictions on Landfill discharge into its system so as to eliminate the capacity impact upon the Interceptor. 7.3 The agreement to waive connection charges is based upon the understanding and assumption that the "condensate" phase of the Landfill dewatering program is temporary. If the Landfill Tap has not been disconnected at or before the expiration of this Agreement as stated in 14.1, at the election of SOUTH ARAPAHOE in its sole and unlimited discretion, the Landfill Tap may be deemed permanent. Upon a determination to such effect by resolution of the SOUTH ARAPAHOE Board of Directors following reasonable notice to and an opportunity for the COUNTY and WMC to be heard, all connection charges and tap fees attributable to the Landfill Tap will be due and payable within 30 days thereafter, at the then current amounts and calculation formulae, and the Landfill Tap will be accounted for under the BIA as a new connection to the SOUTH ARAPAHOE system as of that date . The Landfill Tap will not, however, count against the Taps for which SOUTHGATE agreed to pay Line Charges under the May 31, 1990 Agreement between SOUTH ARAPAHOE and SOUTHGATE. In the event the Landfill Tap is determined to be permanent, the COUNTY and WMC shall thereafter be jointly and severally liable to pay Line Charges and maintenance charges attributable to the Landfill Tap directly to ENGLEWOOD . If as of the expiration of this Agreement SOUTH ARAPAHOE has not determined the Landfill Tap to be permanent as provided above, the Landfill Tap shall be promptly and permanently disconnected and properly abandoned in accordance with SOUTH ARAPAHOE directives . 8. Maintenance Charges. 8.1 The SOUTH ARAPAHOE annual service charge for the Landfill Tap shall be Five Hundred Dollars ($500.00). Such fees shall be paid in advance, on the date of the execution hereof and on each anniversary thereafter while this Agreement is in effect. 8.2 Because of the negligible flows expected from the Landfill Tap, the COUNTY and WMC shall not be liable for any maintenance charges imposed pursuant to the BIA. It is recognized that if the volume of discharge exceeds expectations, payment of such maintenance charges may be imposed as a condition of continued connection of the Landfill Tap. 9 . Costs Reimbursement. The COUNTY and WMC shall be jointly obligated to reimburse SOUTH ARAPAHOE the one-time sum of One Thousand Dollars ($1,000.00) for the engineering and legal fees incurred in responding to the request by the COUNTY and WMC for 4 this Agreement. These expenses include but are not limited to drafting of this Agreement by SOUTH ARAPAHOE'S legal counsel and the review of same by the consulting engineer. Such reimbursement shall be paid on or before August 1, 2006. 10. Discharge Limitations. It is agreed that the total combined discharge volume shall not exceed a running average of six hundred (600) gallons per month. This discharge may be accomplished at a rate not to exceed twenty (2 0) gallons per minute at any time , or, between the hours of 10:00 a .m. and 4 :00 p .m ., the rate may be increased to a maximum of one hundred twenty (120) gallons per minute for not more than five consecutive minutes. 11. Emergency Shutoff. SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all times have the right, without liability for damages to the COUNTY or WMC, to interrupt the discharge of Landfill wastewater in the event of a blockage or rupture anywhere within the SOUTHARAPAHOE system, the Interceptor or the Plant. 12. Monitoring; Reporting . 12.l During the term of this Agreement, the COUNTY and WMC will furnish SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD with copies of all flow charts , analytical reports, tests, and test results involving the wastewater removal program submitted by them to the Colorado Department of Health. Additionally, SOUTH ARAPAHOE may monitor the Landfill Tap, review any flow charts, analytical reports, and tests made by any of the parties, and have access to the Landfill Taps to examine, inspect, and make such tests of the Landfill wastewater as it deems necessary, provided that in exercising its rights hereunder SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Landfill Taps or impose an unreasonable administrative burden on WMC. The COUNTY and WMC shall reimburse SOUTH ARAPAHOE for all costs and expenses incurred in connection with any examination and testing which does not duplicate information previously provided to SOUTH ARAPAHOE by the COUNTY and WMC hereunder. 12 .2 The COUNTY and WMC shall monitor contaminants present in the discharge at the Landfill Tap, and shall provide copies of the documents submitted to the Colorado Department of Public Health and Environment to SOUTH ARAPAHOE and SOUTH GA TE, an d shall notify SOUTH ARAPAHOE and SOUTH GA TE irnmedi.ately of any changes or new toxic or hazardous material found. 13. Cure of Violations. The COUNTY and WMC shall correct any violations or breaches of this Agreement, or other conditions reasonably determined by SOUTH ARAPAHOE, SOUTH GA TE or ENGLEWOOD to be injurious to SOUTH ARAPAHOE facilities, the Interceptor, or the Plant. Upon the failure of the COUNTY or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE , SOUTH GA TE or ENGLEWOOD, any or all of said parties shall have any or all of the following remedies: undertake such corrective action as it dee·ms necessary to halt landfill discharge into SOUTH ARAPAHOE facilities; disconnect the Landfill Tap from SOUTH ARAPAHOE facilities; and obtain injunctive or other relief from any court of compeknt jurisdiction. Such remedies shall be cumulative , and the COUNTY and WMC shall be jointly and severally responsible and liable to 5 .... SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, as appropriate, for all expenses, including engineering and attorney fees, incurred in connection with the corrective work. In the event of litigation, the prevailing party shall be entitled to recover its expenses and costs of suit, including attorney fees and other professional fees and charges. 14. Term; Termination. 14 .1 Unless sooner terminated for any reason elsewhere provided, this Agreement shall extend to and until June 20, 2008. 14.2 Any party may terminate this Agreement sooner for any of the following reasons: a. ENGLEWOOD terminates the aforesaid NEW WASTEWATER CONTRIBUTION PERMIT # 90-02, or refuses for any reason to treat discharge from the Landfill Tap; b . Any party commits a material breach of any provision hereof and fails to cure the same within sixty (60) days after service of written notice of breach upon it, which notice shall identify with particularity the act or omission complained of and the cure that is demanded; c . SOUTH ARAPAHOE reasonably determines that the rate of discharge substantially exceeds the limitation set forth in Section IO above; d. The Landfill wastewater drainage contemplated by this Agreement is completed. 14.3 Upon the termination of this Agreement, the Landfill Tap shall be disconnected permanently from SOUTH ARAPAHOE facilities in accordance with all applicable regulations of governmental agencies having jurisdiction, including without limitation, the Colorado Department of Public Health and Environment. All work involved in such disconnection shall be subject further to the approval of SOUTH ARAPAHOE. The COUNTY and WMC shall pay all of the costs incurred in the disconnection of the COUNTY system, including the inspection and other costs of SOUTH ARAPAHO E's consulting engineer. 14.4 If for any reason the Landfill Tap is disconnected from SOUTH ARAPAHOE facilities before all "condensate" is removed from the Landfill, the COUNTY and WMC acknowledge and agree that an acceptable alternative means of removing such remaining "condensate" exists in the form of trucking, and that the removal of wastewater from the Landfill through SOUTH ARAPAHOE facilities and the Interceptor as provided in this Agreement, while less expensive, is riot necessary for public health or related reasons . 6 ,. 15 . Transmission Liabilities Limited. Neither SOUTH ARAPAHOE nor SOUTHGATE shall have any liability to ENGLEWOOD for damage to the Plant caused by discharge from the Taps, but nothing herein shall be construed to relieve SOUTH ARAPAHOE from liability or responsibility for its failure or refusal promptly to carry out reasonable and lawful directives from ENGLEWOOD to assist ENGLEWOOD in stopping the discharge of hazardous wastes from the Taps. Further, nothing in this section shall be construed to prohibit ENGLEWOOD from including costs to repair damage to the Plant caused by discharge from the Taps in the revenue requirements for its treatment charges applicable generally to all customers served by the Plant. 16 . Miscellaneous Provisions . 16 .1 The COUNTY and WMC shall indemnify and save harmless SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, their officers, employees, and agents , against any and all claims, damages, actions, or causes of action and expenses, including attorney fees to which they or any of them may be subjected by reason of or in connection with the construction, operation, modification, replacement, maintenance, repair, or removal of the Landfill Tap, or the use of SOUTH ARAPAHOE facilities or the Interceptor by the COUNTY and WMC . As to the COUNTY, the foregoing indemnification agreement shall be limited by and subject to the rights, defenses and limitations upon liability available to the COUNTY pursuant to the Colorado Governmental Immunity Act, CRS §24-10-101 et. seq, and nothing herein shall be construed to waive or limit any such rights or defenses . Neither WMC nor the COUNTY shall be required to defend , indemnify or hold harmless any party for any acts, omissions or negligence of such party , its contractors , agents, or employees. 16.2 This Agreement shall not be assigned, sold or transferred by the COUNTY or WMC without the written consent of SOUTH ARAPAHOE. 16.3 This Agreement shall not be used as a legal defense or prohibition to a mandatory consolidation of all existing sewer collection systems and facilities into a single governmental entity created to assume responsibility for sewer service in the area in which the COUNTY, ENGLEWOOD , and SOUTH ARAPAHOE are a part, under statutory or con stituti on al authority, as may be the case . 16.4 This Agreement supersedes, terminates and replaces the 1985 Agreement, the 1995 Agreement, and all amendments and extensions of either, in their entirety. 16 .5 The above and foregoing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding upon any of the parties hereto with respect to the subject matter of this Agreement. 7 - fN WITNESS WHEREOF, the parties have set their hands and seals , effective the day and year first above written. ATTEST: Paul Schwarzweller, Secretary (SEAL) ATTEST : Nancy A. Doty, Clerk of the Board (SEAL) ATTEST: Assistant Secretary SOUTH ARAPAHOE SANITATION DISTRICT By Steve Daldegan, President BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE By Chairman Date : WASTE MANAGEMENT OF COLORADO, INC . By Robert P . Carnico , President 8 ( L CONSENT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1, being a party to the Basin Interceptor Agreement, consents to all terms and provisions of the above and foregoing AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT. Dated this ____ day of ________ , 2006 . SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 By President ATTEST: By Secretary CONSENT OF CITY OF ENGLEWOOD THE CITY OF ENGLEWOOD, being a party to the Basin Interceptor Agreement and one of the owners of the Littleton-Englewood Wastewater Treatment Plant, consents to all terms and provisions of the above and foregoing AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT . Dated this ____ day of _______ _, 2006. CITY OF ENGLEWOOD, COLORADO ATTEST: By Title Date Title -City Clerk, Loucrishia A. Ellis (SEAL) 9 Olga Wolosyn, Mayor - CONSENT OF SOUTHGATE SANITATION DISTRICT SOUTH GA TE SANITATION DISTRJCT, being a party to the Basin Interceptor Agreement, consents to all terms and provisions of the above and foregoing AMENDED AND REST A TED WASTEWATER TRANSMISSION AGREEMENT . Dated this ____ day of ________ , 2006. ATTEST: By Secretary SOUTHGATE SANITATION DISTRICT By President 10 ( _J a.. U1 6 -ct 6 .. ~ .+J 0 ~ 0 0 N ........ en 0 ........ 0 If) 0 C1> 3: "O MH a ~ CD 0 a <( ~ 0 _J 0 u F-3 THE FAIRWAYS F-1 8, COUNTY LINE ROAD SOUTH SUBURBAN MUNICIPAL GOLF COURSE 300 0 ----. seal:~·,. ·;· 7900 S. COLORADO BL VD . LANDFILL TAP CONNECTION SOUTH ARAPAHOE SANITATION DISTRICT 1"=300' 300 1995 FAIRWAYS TAP CONNECTION DECOMMISSIONED JUNE 1999 .... COUNTY LINE LANDFILL EXHIBIT A 600 ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 24 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION. WHEREAS , in 1994 Englewood , Littleton and South Suburban Parks Foundation cooperated in the preparation of a plan to install a bike trail along Big Dry Creek from the South Platte River to the Highline Canal ; and WHEREAS , a master plan was developed w ith the proposed trail alignment , phasing and fundraising recommendations : and WHEREAS , si x segments of construction ha ve taken place, completing the trail system from the Mary Carter Greenway at the South Platte Ri ver to Lebow Avenue ; and WHEREAS , the Englewood City Council approved Ordinance No . 60 , Series of 2003 approv ing an Intergovernmental Agree ment (IGA) with CDOT regarding funding the construction of the project; and WHEREAS , the Englewood City Council approved a motion to award a construction contract for Phase I Trail improv ements in March of 2004 ; and WHEREAS , the segment from Lebow to Broadway (Phase II ) is currently in the final design stage and has pres ented challenges obtaining right-o f-way easements thus Ph ase II w ill be con structed in stages; and WHEREA S , So uth Suburban Parks Foundatio n has t ake n the lead ro le in th e fundraising for the trail system , receiving funding from a variety of sources including contributions from private donors , grants from Arapahoe County and contributions from the Cities of Englewood and Littleton ; and WHEREAS , Englewood has applied for funds that South Suburban Parks Foundation is not eligible to receive directly , these inc lude Federal Transportation Funds and contri butions from the Urban Drain age and Flood Contro l Dis tric t ; and WHEREAS , Englewood applied to the Denver Regional Coun cil of Governments (DRCOG) for federal funds and agreed to be the "local project sponsor" for two segments (Phase I and Phase II) from Fox to Broadway ; and WHEREAS, Englewood received $600 ,000 in Federal Funds towards the total es timated project cost of $1 ,400 ,000 and South Suburban Parks Foundation agreed to cover th e entire local match of $8 ,000 ; and -1- 9bi WHEREAS, South Suburban Parks Foundation has been reimbursing Englewood for all out of pocket expenses related to the project since 2002 , the passage of thi s Ordinance will formalize South Suburban Parks Foundation 's commitment to reimburse Englewood in a timely manner; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Sectjon 1. The Agreement between the City of Englewood, Colorado and the South Suburban Parks Foundation formalizes South Suburban Parks Foundation reimbursement to the City of Englewood, the matching funds for design, construction and easement acquisition for the big Dry Creek Trail Phase II-Lebow to Broadway , attached as "Exhibit A ", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on first reading on the 7th day of August, 2006. Published as a Bill for an Ordinance on the 11th day of August, 2006 . Read by title and passed on final reading on the 21st day of August, 2006. Published by title as Ordinance No. _, Series of 2006 , on the 2 5th day of August, 2006 . Olga Wolosyn, Mayor ATTEST: Louc ri sh ia A . E llis , C ity C lerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , C o lorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Lou cri shia A . Ellis -2- AGREEMENT THIS AGREEMENT, entered into this day of , 2 0_ by and between the CITY OF ENGLEWOOD , who se address is 1000 Englewood Parkway , Englewood, Colorado 80110 and SO UTH SUBURBAN PARKS FOUNDATION, INC ., whose address is 6631 South University Boulevard , Centennial, Colorado 80121. WHEREAS , there has been a joint effort by several entities including South Suburban Parks Foundation, Inc. and the City of Englewood to create a trail along Big Dry Creek from the South Platte River to the Highline Canal. WHEREAS , the City of Englewood is the project sponsor for the Big Dry Creek Trail from Fox to Broadway. WHEREAS, construction of Phase I, Fox to Lehow is complete . WHEREAS, Phase II has presented challenges obtaining Right-Of-Way easements because two property owners not been receptive to offers . WHEREAS, a temporary on-street route has been approved by COOT to complete the link under Broadway . WHEREAS , the on-street route will begin at Lehow to South Delaware , then west on Rafferty Gardens to Broadway with a ramp being constructed within existing Right-Of-Way adjacent to Broadway for access to the trail. WHEREAS , the Phase II scope of work will construct 950 feet of the trail beginning appro x imately 200 feet west of Broadway and terminating at Greenwood Point Apartments approximately 750 feet east of Broadway . WHEREAS , South Suburban Parks Foundation , Inc. will reimburse Englewood for all out of poc ket and matching funds related to the design and construction of the Big Dry Creek Trai l fr om Fox to Broadway, over and above the amoun t fund ed by the COOT/Enhancement fu ndi ng. WHEREAS, Englewood received a $600,000 grant through the Denver Regional ounc il f G ve rnment for this project. WH REA Englewood is responsible for the project and must oversee and contract for d ign and construction per all Federal and State requirements of the grants from the olorad pn11ment of Tra nsporta t ion (COOT) Contract #M395-0009 (Big Dry Creek Trail Fox to L how) and OF D Agreement #05-12 .0 I (Property Acquisition and o n tru cti n o f a Maint nanc Trail). uth uburban Parks Foundation , Inc . has µ1 ujc 'I in R X H I a I T A WHEREAS, South Suburban Parks Foundation, Inc. agrees to reimburse the City of Englewood in a timely manner, the matching funds for design, construction and easement acquisition for the Big Dry Creek Trail Phase II-Lehow to Broadway, subject to mutual review and approval by both parties of funding requirements or bids before proceeding. NOW THEREFORE, for mutual consideration, the receipt of which is hereby acknowledged, the parties agree as follows : I. Any final design will be mutually agreed upon by the parties before the bidding of the project. South Suburban Parks Foundation, Inc. shall review and approve the bids before the City awards a construction project or purchases an easement. 2. Englewood, as the contracting agency, must pay for construction up front; therefore, the South Suburban Parks Foundation, Inc. agrees to reimburse the City of Englewood's out of pocket expenses, and matching funds for all design, construction and easement acquisition for Phase II of the Big Dry Creek Trail from Fox to Broadway for the mutually pre-approved amounts over and above the COOT grant funding, within sixty (60) days of receipt of an invoice for these expenses from the City. 3. All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the South Suburban Parks Foundation, Inc . at the following address: South Suburban Parks Foundation, Inc. 6631 South University Boulevard Centennial, Colorado 80121 4 . The terms and conditions of the Contract shall be binding upon each party , its s uccessors and assigns . -2- 5. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the South Suburban Parks Foundation, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. ATTEST: Loucrishia A. Ellis, City Clerk ATTEST : CITY OF ENGLEWOOD Olga Wolosyn, Mayor SOUTH SUBURBAN PARKS FOUNDATION, INC . ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD WATER PIPELINE REPAIR JULY 28 , 2006 ", RELATED TO THE REPAIR OF A BROKEN WATER PIPELINE BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES , COLORADO WATER CONSERVATION BOARD . WHEREAS, an Englewood 16" water main pipeline has broken at the location of the shoreline of the South Platte River just north of the West Dartmouth Avenue bridge on the east bank; and WHEREAS , in order to repair the broken water main a work area of approximately a 30 ' by 30' area as well as the bank that extends down from South Platte River Drive which is owned by the Department of Natural Resources , Colorado Water Conservation Board; and WHEREAS , the passage of this Ordinance will authorize an intergov ernmental agreement for emergency access to repair the water main ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The intergovernmental agreement entitled "Emergency Access Agreement City of Englewood Water Pipeline Repair July 28 , 2006 ", between the City of Englewood, Colo rado and the Department of Natural Resources , Colorado Water Conservation Board, attached as "Exhibit A", is hereby accepted and approved by th e Englewood City Council. Se ction 2. The Ci ty Manager is authorized to execute and the City C lerk to attest and seal th e Intergovernmen tal Agreement for and on behalf of the Ci ty of Englew ood , Colorado . Introduced , read in full , and passed on first reading on the 7th day of August , 2006 . Published as a Bill for an Ordinance on the 11th day of August , 2006 . Read by title and passed on final reading on the 21st day of August , 2006. -1- - 9bii Published by title as Ordinance No. _, Series of 2006 , on the 25th day of August, 2006 . Olga Wolosyn , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2006 . Loucrishia A . Ellis -2- EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD WATER PIPELINE REPAIR July 28 , 2006 THIS ACCESS AGREEMENT is made and entered into this 28 1h day of July, 2006 by and between the STATE OF COLORADO, acting by and through the Depa11ment of Natu ral Resources, Colorado Water Conservation Board whose address is l 3 l 3 She11nan Street, Denver, CO 80203, (hereinafter, the "Gran tor"), and the City of Englewood. (hereinafter, the "Grantee"). WHEREAS, the Grantor is an agency o f the State of Colorado created and controlled by Title 37, A11icle 60, C.R.S., which functions for the welfare and benefit of the State of Colorado and its in habitants; and WHEREAS, the United States Army Corps of Engineers ("Corps") has constructed improvements to the flow of water in the channel of the South Platte River in Arapahoe County, State of Colorado, with said improvements known as the Chatfield Downstream Channel Improvement Project ("Improvement Project"); and WHEREAS, the prima1y purpose of the Improvement Project is to provide dra inage, flood control and water flow regulation; and WHEREAS, the Corps and the Grantor entered into two agreements which gave the Grantor the responsibility of acquiring land, access, and rights-of-way for the Improvement Project and the duty of maintaining and operating the Improvement Project; and WHEREAS, the Grantor has acquired ce11ain fee title interests, rights-of-way and accesss within the Improvement Project right-of-way for the purposes of constructing and maintaining the Improvement Project; and WHEREAS, the Grantee wishes to access and the Grantor is willing to gran t a temporary emergency non-exclusive access for the repair of a broken water pipeline; and W!TNESSETH: That, for and in consideration of the general public interest and benefit that will accrue from Grantee's repair of the broken water pipeline, and the keeping and the pe1fonnance of the covenants and agreements hereinafter expressed, Grantor grants to Grantee nonexclusive emergency access upon the following property (hereinafter, the "Property") located in the County of Arapahoe, State of Colorado, to wit : The shoreline of the South Platte River just north of the W. Dartmouth Ave . bridge on the east bank. The work area will be approximately a 30'x 30' area as well as the bank that extends down from So . Platte River Drive. The access location is within Englewood, Colorado. TO HA VE AND TO HOLD , subject to the covenants and agreements hereinafter expressed, for the purpose of using the Prope11y to repair a water pipeline for a period of twenty-five (25) days, to commence upon execution of this Access Agreement. GRANTOR AND GRANTEE MUTUALLY EXPRESSLY COVENANT AND AGREE : I . This access agreement is non-exclusive and the gra nt of access is subject to and s ubordinate to any and all previously granted rights-of-way, licenses and conveyances, recorded or unrecorded . It is Grantee's sole responsibility to detennine the existence of any rights, uses or installations conflicting with Grantee's use of the Property hereunder. Grantee agrees to not inte1fere with any use in the access area by any other party under a previous grant, whether granted by Grantor or previous owner. Grantee understands and agrees that Grnntor makes no representations concerning ownership of nor wan-ants title to any of the Property . To the extent that this grant of access may encroach on lands not owned or controlled by Grantor, Grantee assumes all responsibility for nny such encroachment. 2 . During the term of the Access Agreement, the Gran to r shall have the right to dispose of the Property or to use the same for other purposes subject to the rights and privileges herein gra nted to the Grantee. Grantor reserves the right to grant additional access agreements to third parties, provided that said agreements do not materially in te1fere with the access granted herein . 3 . TI1e tenns and conditions of the access granted herein shall be in compliance with and subordinate to the tenns of the September 7, I 977 and January 29, I 980 Agreements between the United States Anny Corps of Engineers and the Colorado Water Conservation Board ("Agreements"), which arc incorporated herein by reference. I! X H I a I T A 4. 5. 6. 7. 8. The signatories aver that to th e ir knowledge, 110 State employee has any personal or beneficial interest whatsoever i1[b the Property . unless and until approved by the officials and officers of the State of Colorado as required by §24-82-202 C.R.S., as (J_ J If th is access is granted pursuant to §24-82-20 I C .R.S ., as amended, thi s Access Agreement shall not be deemed valid s=· ' amended,orsuchassistantsastheymaydesignate., and approval by the Englewood City { . Council. · The provisions hereof shall inure to the benefit of and bind the successors and assigns of the re s p ective parties hereto and all covenants shall apply to and run with the land unless otherwise specifically noted . The signatories aver that they are familiar with§ 18-8-301, C.R.S. et. seq ., (Bribery and Corrupt Influences) and§ 18- 8-40 I , C.R.S. et. seq ., (Abuse of Public Office), and that no violation of such provisions is present. Any notice required or pe1111itted by this Access Agreement may be delivered in person or sent by registered or certified mail, retum receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S . Mail Depository with sufficient postage attached thereto: Gran tor: Joe Busto Colorado Water Conservation Board Flood Protection Section 13 13 Shennan Street, Rm 721 Denver, CO 80203 Cc: State Buildings and Real Estate Programs Attn: Real Estate Specialist 1313 Shennan Street, Suite 319 Denver, CO 80203 Grantee: Bill McConnick City of Englewood Englewood, CO (303) 762-2652 9. Gran tor reserves all rights to any and all metallic and non-metallic minerals, ores and metals of any kind and character, including but not limited to coal, asphaltum, oil and gas in or under said access. 10 . If any part of this Access Agreement is found, decreed or held to be void or unenforceable, the remainder of the provisions of this Access Agreement shall not be affected thereby and shall remain in full force and effect. 11 . This Access Agreement shall be governed by the laws of the State of Colorado. 12 . The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of either party, its departments, institutions, agencies, enterprises, boards, officials, and employees is controlled and limited by the provisions of the Colorado Governmental Immunity Act , §24-10-101 , et seq. C .R .S . and §24-30-1501 , et s eq. C .R.S . Any provision of this Access Agreement, whether or not incorporated herein by r e ference , shall be controlled, limi ted and otherwise modified so as to limit any liability of the Granter and the Grantee to th e a bove c it ed law s. GRANTEE EXPRESSLY COVENANTS : I . Gran tor shall have, during the continuance of this access, the right to dispose of the Prope1ty and to use the Property for other purposes provided such use does not materially inte1fere with the access gran t ed herein. In the event Granter shall, in the fu tu re, wis h to grant additional accesss or rights-of-way which encroach upon the access granted herein, Grnntee expressly agrees an d covenants it will consent to sh are the Property, prov id ed th e p roposed add it io na l accesss or rights-of-way do not materiall y interfere with the purposes for wh ich th is access is gran ted . 2. In the event of tennination, Grantee, at its expense, shall, upon written request by Granter, remove all improvements constructed by Grantee from the Property within ninety (90) days of tenninotion and restore the Property as n early as is practicable to the condition of the land existing immediately prior to Grantee's first use. Grantor shall detennine in its so le di scret ion whether the restoration complies with this paragrnph . In the event that Grantee docs not remove the improvements within s uch 90-day period, Granter shnll have the option to either I) remove the improvements nnd restore th e Property to its prior condition and bill the Grantee for the cost of removal and res tora tion, or 2) con ider such improvemen ts abandoned and the improvements sha ll become the property of Gra11tor. Except es otherwise 2 (, ( 3. 4 . 5. 6. 7. provided herein , termination of this Acces s Agreement sh a ll be by o peration of law . If this Access Agreement is so tenninated, consideration paid shall be forfeited . Grantee may not use thi s grant of access for any purpos e other than that which is specifically described herein . Jf the Property is used by Grantee for any purpose other than stated herein, the access is automatically terminated , and all of the right, title and interest of Grantee (and Grantee 's successors or assigns) in and to the Property become null and void , and the Property shall absolutely revert to and revest in Gran tor as fully and completely as if this instrument had not been executed, without the necessity for suit or re-entry and Grantee sh all rernove improvements as provided above. No act or omi ssion on the pait of any beneficiary of thi s paragraph shall be a waiver of the operation or enforcemen t of the p aragraph . It shall be th e sol e responsibility of the Grantee to obtain all necessary and applicable local, s tate and federal approval s and permits for the purposes set forth herein . Grantee agrees to comply with all rules, regulations and policies authoritatively promulgated pertaining to the use of the access lands, including but not limited to local , state and federal flood plain regulations . Noncompliance by the Grantee with this paragraph and/or any such pennit, rule" regulation, or policy shall be grounds for immediate termination of this Access Agreement by the Grantor. Grantee agrees to indemnify, defend and hold hannless the Grantor against all liability, loss and r xpense and against all ( ) _. claims and actions based upon or arising out of injury or death to persons or damage to property, caused by any acts or ~ rnn;s,;oM of Graotoo, ;a '"~~~,. ,.,;gos, '''"" o, ~,trac<oa o, ad,;,g o"' of G,·'"toe's "" of the Property. J, ~ µ the event that Grantee contracts for any work to be perfonned on the Prope1ty, Grantee shall require its contractors and L, 1 subcontractors, except the Corps, to indemnify, defend and hold harmless Grantor, its employees and agents, and the ' Corps from any and all claims, damages and liabilities whatsoever for injury or death to persons or damage to prope1ty arising from the contractors' and/or subcontractors' actions or inactions. All contractors and subcontractors shall be required to abide by and follow the provisions of this Access Agreement., to the extent allowed by law. Grantee warrants that, throughout the tenn of this Access Agreement, Grantee shall maintain continual commercia l general liabili ty insurance coveri ng its use of the access, with said insurance policy naming Grantor as an additional insured. Said policy shall provide coverage in the amounts established by the Colorado Governmental Immunity Act (Article 10 , T itle 24, C .R .S .), both now and as hereafter amended. Grantee agrees that all excavation s or other temporary remo val of soil as required for Grantee's use of the Property for the purposes set f01th herein shall be properly replaced , and Grantee shall seed, restore and revegetate the surface to substantially its condition existing pr io r to the disturbance as reasonably possible. Grantee shall be responsible at all t imes for the immediate repair or replacement of, or reimburs ement for any damage lo the Property due to Grantee 's use of the Property for the purposes set fo rth herein . Routes of ingress and egress for construction or for maintenance are to be limited to the minimum neces sary locations, and all work areas created must be obliterated, protected against erosion, and restored to the fonner condition of the land, as nearly as possible by Grantee. Prior to restoring the property, Grantee shall submit a reclamation plan to Grantor for review and approval to ensure Grantor's property shall be re s to red as clo sely as possi bl e to the orig in al cond ition after constructi on of th e project by the Gra ntee. Gran tor sh a ll detenni ne, in its sole discretion, wh ether Gra ntee's restoration complies with th is paragraph . In th e e ven t G ra nt ee fa il s to p erfonn the restorative or revegetativ e wo rk requi red by this paragra ph to th e s ole satisfaction of Gran tor, and aft er thi1t y (3 0 ) days p ri or wri tt en notice s pecifyi ng w ith particularity th e fail ure and in dicating th e remedial steps needed to cure same, Grantor shall be allowed to pe1fonn sa id work, and Gra n tee sha ll p ay with in th irty (3 0) days all direct and indirect costs incurred by Grantor for restorative or revegetativc work including, hut not limited to, regrading, filling, revegetation, erosion control, and replacing of soil. 8. TI1e Grantee understands nnd agrees that its facilities are subject to damage and total loss without liability accruing to the Granlor as a result of flooding, as the result of maintenance and operation of the Chatfield Downstream Channel Improvement Project by the Grantor, the Grantor's designees, or the Corps. 9. The construction, storage and movement of vehicles, trucks and machine1y shall be conducted at nil times so as to minimize any di sruption to recreational trails and paths while maximizing public safety. At all times during construction and maintenance activities, all of the recreation trails and paths shall remain open, unless adequate detours including signage and fencing are provided by the Grnntee. IN WITNESS WHEREOF, the par1ies hereto have caused this Access Agreement to be executed the day and year first above written . 3 GRANTOR: STATE OF COLORADO Bill Owens, Governor Acting by and through the Department of Natural Res?urces, . Cololjo~~ By : · o· t For the Executive irec or ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 21, 2006 11 Ci Contract for Professional Services - Golf Course Construction Observation Initiated By: Staff Source: Parks and Recreation Department Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has previously approved Council Bill 28 -Property lease agreement with the Sheridan Redevelopment Agency pertaining to the redevelopment of the Englewood Golf Course. RECOMMENDED ACTION Staff recommends that Council approve, by Motion, a contract for professional services during the golf course redevelopment for golf course construction observation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Construction management by the City will enable us to monitor key elements of the construction project. Some of the construction elements include depth of the cap over the landfill, irrigation system installation , greens mix, drainage installation, contouring and seeding. FINANCIAL IMPACT The scope of services for the golf course construction observation is estimated to be $100,000. Funding for the construction observer has been allocated in the $650,000 paid for by Miller Weingarten. The funds were set aside for a pump station, environmental consultants, wetlands remediation and fencing along the eastern perimeter of the project. LIST OF ATTACHMENTS Contract for Professional Services, Hoofnagle Scope of Services and Associate Services CONTRACT FOR PROFESSIONAL SERVICES CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and enter ed into th i s 21•t day of August, 2006 by and between the City of Englewood, a municipal co r porat i on of the State of Co l orado he r einafter r eferred to as the "City ", party of the first part, and Johns. Hoofnagle, LLC, 8187 East Phillips Avenue, Centennial, co. 80112, hereinafter refe r red to as the "Consu l tant", party of the second pa r t, for the following : PROJECT: Golf Course Redevelopment {Sheridan Project) Construction Observation WHEREAS, a proposal has been rece i ved by the Mayor and Ci ty Counc i l and have been certified by the Di rector of Parks and Recreation to the Mayor and City Council with a recommendation that a contract for said work be awarded to the above named Consultant, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above named Consultant by the Mayor and City Council and said Consultant is now willing and able to perform said work in accordance with the proposal . NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained are subject the terms hereinafter stated: A. Cont r act Documents: I t is agreed by the part i es hereto that the fo llowing list o f i nst r uments , drawings and doc ument s wh i ch are at t ached hereto, bound herewi th or incorporated herein 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 i f they were set out verbat i m and in full here i n: Proposal (with scope of work) from John S. Hoofnagle, LLC 8/9/2006 dated(by reference) Ag r eement (this ins t rument) S chedule of hourly r ates (attach ed) Spe c i al Provi sions In s urance B . City Obli ga ti o ns/ Conf i de nti al ity: The Ci ty shal l p r ov i de Consultant with report s and s uch oth er da ta as may be avail ab le t o the City and reasonably required by Consultant to perform hereunder. No project information shall be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful Court Order direct ing such disclosure. All documents provided by the City to Consultant shall be returned to the City . Consultant is authorized by the City to retain copies of such data and materials at Consultant's expense. Excl u ded from confidentiality is information in the public domain, which comes into the public domain or was previously known by the Consultant. C. Scope of Services: The Consultant agrees to and shall furnish labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete the work described, drawn, set forth, shown and included in attached Proposal. D. Indemnification: The Consultant agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all l liability, claims, demands, and expenses, including court costs and attorney fees, on account of any bodily injury, loss, or damage to tangible property, which arise out of or are i n any manner connected with the work t o be performed under this Agreement, if such injury, loss , or damage is caused by the negligent act of omission, error or professional error, of the Consultant, any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant. The obligations of this Section D. shall not apply to damages which the City shall become liable to pay a third party as the result of the negligent act or omission, error, professional error, mistake, accident , or other fault of the City of Englewood . E. Terms of Performance: The Consultant agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work in coordination with the contractor's schedule, plus such extension or extensions of time as may be granted by the Director of Public Works. F. Ownership of Work Product : Upon payment to Consultant pursuant to this Agreement, all work, data, drawings, designs, plans, reports, computer programs (non-proprietary), computer input and output, analyses, maps, or any other materials developed for this project are and shall be the sole and exclusive property of the City ~ However, any· reuse of the documents or use of documents not completed for the intended purpose by the City without prior written authorization by Consultant other than for the specific intended purpose of this Agreement will be at the City's sole risk. The Consultant will provide the City with a ten (10) day written notice prior to disposal of project documents it has retained during which time the City may t ake phys i cal possess i on of same at the storage s i te . G. Te r ms of Payment : The Ci ty agrees to pay the Consultant f or the performance of all the work required under this Agreement, and the Consultant agrees to accept as its full and only compensation therefore , such sum or sums of money as may be proper i n accordance with the price or prices set forth in the Consultant's fee schedule hereto attached and made a part hereof, the total estimated cost thereof not to exceed One-hundred thousand dollars and no cents ($100,000 .00) H . App r op ri at i on o f Funds : At p r esent, $100,000 .00 has been appropr i ated f or the p r oj e ct . Notwi ths t a n ding any thing contain ed i n thi s Ag r e ement t o the con trary, in t he event n o f u nds o r insuffi c i e nt fund s are app rop ri a ted and budge t ed b y the gove r n ing b o dy o r a r e otherwise unavailabl e b y any me ans whatsoeve r in any following fisc al period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts herein for which funds have already been appropriated or are otherwise available, this agreement may be terminated by the City. The City shall immediately notify John S. Hoofnagle, LLC or its assignee of such occurrence in the event of such termination. All work accomplished by the Consultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to payment for services rendered. 1. contract Binding: 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. 2 J. Laws to be Observed: The Consultant shall be cognizant of all applicable Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such applicable existing laws , ordinances, regulations, and decrees , and shall protect and indemnify the City against any clai m or liability arising solely from or based solely on the negligent or willful violations of any such law, ordinance, regulation, whether by itself, its subconsultants, agents or employees as a result of the negligence of the Consultant . Legal interpretations shall be provided by the City's attorney. K. Termination and Assignment of Contract: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City will have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. It is the intent hereunder to secure the personal services of the Consultant, in manner aforesaid, and this Agreement shall not be assigned, sublet or transferred without the consent , in writing of the City. L. ----- M. Inspections, Reviews and Audits: During all phases of the work and services to be provided hereunder the Consultant agrees to establish a working office at a place agreeable to the City, and permit duly authorized agents and employees of the City to enter the Consultant's offices for the purpose of inspections, reviews and audits duri ng the normal working hours. Reviews may also be accomplished at meet ings that are arranged at mutually agreeable times and places . Consultant and its subconsultants shall ma intain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the City, or any authorized representatives of the City, and copies thereof shall be furnished if requested. N .Disputes: Except as otherwise prov ide d in this Agreement , any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Parks and Recreation Director for the City of Englewood. The decision of the Parks and Recreation Director will be final and conclusive unless, within 30 days after the date of receipt of a copy of such written decision, the Consultant ma ils or otherwise furnishes to the City a wrilten app~~l addressed to the PdLk~ and Recreation Director of the City of Englewood. In connection with any appeal proceeding under this clause, the Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Consultant shall proceed 3 diligently with the performance of the contract in accordance with the Parks and Recreation Director's decision. The decision of the Parks and Recreation Director or his duly authorized representative for the determination of such appeals will be final and conclus i ve. This disputes clause does not preclude consideration of questions of law in connection with decisions provided for in Paragraph above . Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. O. General 1. Consultant shall comply with applicable design provisions of laws, codes and regulations in force as of the date of this Agreement using current engineering interpretation, but Consultant shall not be responsible or liable for changes to, operational aspects, or future differing interpretations of such laws, codes or regulations or for changed use of the facility. 2 . Consultant shall not be responsible for the means, methods or scheduling of construction or for construction safety. 3. Consultant assumes no responsibility or liability relating to any hazardous substances on the Project site including its existence, removal, transportation, or disposal. The City at its cost shall be responsible for analysis, design, removal, remediation or other action related to any asbestos or hazardous substances. 4. The consultant represents that the services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances . 5. This Agreement is intended solely for the benefit of the part i es hereto. Nothing herein expressed or implied is intended to or shall be construed to confer upon, give or create to any person or entity other than the parties hereto any right, duty, benefit, interest, remedy, standard of care or cause of action. 6. The City will provide a field office trailer for the non - exclusive use of the consultant. 7. The consultant may recommend laboratory test i ng of mater i als i ncorporated into t he project. Mate ri al t es ting costs will be bor n e by t he Ci ty of Englewood . P. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work u nder this Contract o r (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract . (CRS 8 -17.5-102(2) (a) (I) & (II).) (b) Verification: Contractor has verified or attempted to verify through pal. L.i.c .i.pctLion in the "basic piloL p109Lam" (authorized by P.L.204 of 104th Congress and amended by P.L .156 of 108~ Congress) that Contractor does not employ any illegal aliens. And, if not accepted into the "basic pilot program" prior to entering into 4 this Contract, Contractor further verifies, Contractor will apply to participate in the "basic pilot program• every three months until Contractor is accepted or this Contract is completed, whichever is earlier. [CRS 8-17.5-102(2) (b) (I).] (c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while performing this Contract. [CRS 8-17 .5-102(2) (b) (II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall; (1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien. [CRS 8-17.5- 102 (2) (b) (III) (A) & (B).] (3) Exception: If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal alien. (e) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). [CRS 8-17.5-102(2) (b) (IV).] (f) Damages for Breach of Contract : The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of this paragraph. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be e nt i tled to for a breach of th i s Contract. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. Th i s Contract is executed i n 3 counterparts. CO NSULTANT Party of the Second Pa r t - ( SPECIAL PROVISIONS INSURANCE Insurance Limits: The Consultant shall carry throughout the life of the contract the insurance listed below: Under Section B Public Liability Property Damage Under Section C Public Liability Property Damage Public Liability and Property Damage Insurance : Minimum Limits $1 ,000,000 $1 ,000,000 Minimum Limits $1,000,000 $1 ,000,000 The Consultant shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective Liability and Property Damage Insurance . Such insurance shall provide limits not less than those called for in these Special Provisions . Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Consultant shall maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Consultant from any and all claims arising from the use of the following in the execution of the work included in the contract: (I) Consultant's own automobile and trucks . (2) Hired automobiles and trucks . (3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. 2800 So. Platte River Drive , Englewood, Colorado 80110-1407 Ph (3 03)762 -23 93 Fax (303)783-6951 www .enrlewoodrov .orr ... Workers Compensation : The Consultant and his sub-contractors shall comply with the Workers Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers Compensation claims arising from performance of the work under the contract. Workers Compensation insurance to cover obligations imposed by 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 . Liability: The Consultant shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, in any way resulting from or arising out of the operation in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Consultant or his sub-contractors. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Consultant under the terms of the Contract. The Consultant shall procure and maintain, at his own cost and expense , any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work . All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued . The completed Certificate of Insurance shall be sent to: W ith an add itional copy sent to: Purchasing Division City of Englewood 2800 So . Platte River Dr. Englewood, CO 80110 Management of Risk Administrator: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 2 00 So . Platte Rive r Drive , Engle wood, Colorado 80110-1 407 P h (3 0 3)762-2393 Fax (303)783-6951 www . nil wood,ov .orr • 178 East Phillips Avenue ( ;ntennial , Colorado 80112 August 9, 2006 Scope of Work JoHN S. HooFNAGLE, LLC Consulting Agronomist Construction Inspector/Representative City of Englewood Golf Course Re-development Project (303) 694-3 859 Cell (303) 518-4796 Fax (303) 741-2427 JohnHoofnagle@msn.com John S. Hoofnagle, LLC will act as the City of Englewood's construction inspector/representative for 12 months. Our role will be to ensure that work is done in accordance with plans, specifications and general design intent. We will maintain records and logs of the work. These documents will be available to the city at anytime. We will ensure, in the interests of the city, that the terms of contracts are met. We will inform the city of any construction activities that do not meet the contract specifications so that appropriate corrections can be made. Terms of Payment: John S Hoofnagle, LLC will be compensated based on an hourly rate of $80.00 per hour for the principle and $60.00 for an associate. The total cost thereof not to exceed $100,000. Insurance, transportation, fuel, phone, office supplies and travel expenses are included in these fees. August 8, 2006 City of Englewood Golf Course Re-development Project Qualified Associate: John C. Madden, Jr. If I, John Hoofnagle, need to be away from the project John C. Madden, Jr. will be my replacement to observe. and perform services in keeping with the requirements and obligations of the contract. My associate will be billed at an hourly rate of $60.00 per hour. COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 21, 2006 11 C ii Motion to Award Contract for the 2006 Micro-Surfacing Program Initiated By: Staff Source: Department of Public Works Rick Kahm , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 43, Series 2005, Resolution No. 47, Series 2004, Resolution No. 33, Series 2003, Resolution No. 46, Series 2002, Resolution No. 28, Series 2001, Resolution No. 42, Series 2000, Resolution No. 44, Series 1999, Resolution No. 51, Series 1998, Resolution No. 43, Series 1997, Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995, Resolution No. 40, Series of 1994, Resolution No. 39, Series of 1993, Resolution No. 52, Series of 1992, and Resolution No. 38, Series of 1991, approving negotiating contracts and awarding negotiated contracts for the 2005, 2004, 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, and 1991 micro- surfacing programs, respectively. RECOMMENDED ACTION We are seeking Council approval, by Motion, to award a contract to Broadaway Holdings, LLC, in an amount of $297,960 for our 2006 Micro-surfacing Program. Council is being asked to approve total estimated project costs of $413,960. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Each year, our Streets Maintenance Division reviews Englewood's 119 miles of streets and determines which roadways are in need of maintenance efforts . The 2006 program will continue the resurfacing of Broadway that began in 2005. This years ' program will place micro-surfacing full width between Highway 285 and Grand Avenue . Wheel ruts will be filled south of Quincy Avenue before the final top coat is applied . The design life of an asphalt road is 20 years . In order to coax 20 years of life out of our roads with the tough Colorado freeze /thaw cycles, studded snow tires, the challenging and constantly c hanging subsurface conditions, as well as the truck and bus traffic, we need to periodically perform some resurfacing treatments. Staff introduced "Englewood" micro-surfacing in 1991 . Our objective was to develop an alternati ve to address the maintenance needs of roadways subjected to excessive traffic volumes resulting in pa ve ment rutting and lanes requiring leve ling treatments along with new wearing courses and surfa ce seals. Mic ro-surfacing is a cost effective maintenance alternative that provides rut filling, leve ling of exis ting pavements, a surface seal and a new wearing surface. The finished product is jet - black, aesthetically pleasing, and exhibits more traction than the original asphaltic concrete for improved safety. Modification in the product chemistry over the years has enabled us to open streets to through traffic in 20 to 30 minutes, if required . This year, Englewood Public Works Staff worked with a Micro-surfacing consultant, Vestal Asphalt, Inc., to develop a new mix design utilizing an emulsion manufactured by Asphalt Products Unlimited. The Asphalt Products emulsion is manufactured in Port Allen, Louisiana and uses a m ixture of Arab Heavy, Arab Medium, and Maya crude slate . Staff attended a demonstration of the new product in Louisiana where the new mix design was successfully tested . Our design continues to specify the quality custom crushed, gray granite aggregate supplied by Asphalt Paving Company, Golden, Colorado. Micro-surfacing requires highly specialized construction equipment. Based on our last fifteen years of experience, we know that the use of continuous micro-surfacing equipment produces a superior product when compared to that applied with truck-mounted type machines . Continuous equipment provides consistency of application and minimizes seams by reducing equipment stops and starts . Experience with applying our product is crucial to a successful project. Currently, there are no local contractors with the proper equipment to construct our micro-surfacing project. Public Works invited fi v e qualified bidders from out of state to compete for this years ' project. Potential bidders were required to attend a pre-bid conference on August 7th. The conference is required to make sure they understand the traffic control requirements and business access concerns associated with working on Broadwa y. In past years, the Street Department has provided traffic control for the c ontractor. Th is year, traffic control w ill be the responsibility of the contractor. Three of the contractors attended the conference and were eligible to submit a bid. FINANCIAL IMPACT With increasing petroleum costs, we anticipated bids for micro-surfacing to be in the $300 per ton range for 2006 . The low bid, including aggregate, is $2 75 .95 per ton. The second low bid, again including aggregate, is $325 .95 per ton (this bid was conditional and not acceptable). The third eli gible c ontractor returned the bid package "no bid". We be lieve micro-s u rfaci ng prov id es sup er io r valu e to our ci tizen s b ec au se: 1. The City of Englewood has developed a product that has superior workability than the standards being utilized by other jurisdictions. 2. Micro-surfacing has construction advan tages over slurries in tha t micro-surfacing can be used for rut filling an d leve ling in add ition to p rovidi n g th e surface sea l an d new wea rin g surface. 3. Micro-surfacing is more custome r friend ly, and doesn't require large quan t it ies of loose rock that could cause problems or concerns for our ci tizens. The short set time all ows the roadway to be reopened without long delays. 4. Micro-s urfacing has the capability of being applied in any required thickness that is necessary to address our street maintenance needs. Year Contract Square Price/ Amount Yards Blocks Sa. Yard• 1991 $280,000 160,000 60 $1.75 1992 $260,000 185,000 70 $1.41 1993 $305 000 201,000 76 $1.52 1994 $315,000 207,000 80 $1.50 1995 $339,000 209,000 80 $1.62 1996 $358,000 223,000 86 $1.61 1997 $360,000 240,000 97 $1.58 1998 $361,000 214,000 90 $1.69 1999 $350,000 214,000 86 $1.63 2000 $355,000 201,000 93 $1.77 2001 $360,000 200,000 89 $1.80 2002 $352 485 191,112 75 $1.84 2003 $360,000 200,534 80 $2.07 2004 $424,031 219,005 83 $1.95 2005 $421,371 168,167 46 $2.51* * Includes Broadway Yale to Hampden@ 30 lb/SY verses 18 lb/SY on residential streets • Due to the varying application rates of micro-surfacing, and ever changing roadway conditions , micro-surfacimi: is contracted bv unit wei2ht annlied (tons\. $504,000 is available in the Road and Bridge PIF account for 2006. The balance of funding in the 2 006 Road and Bridge PIF account will be utilized for asphalt overlays by Englewood forces, and the associated maintenance program administration, testing, and inspection. Detailed below are the costs associated with the 2006 project: Broadaway Holdings LLC Asphalt Paving Company (aggregate) Testing and inspection Contingency Total Estimated Project Costs LIST OF ATTACHMENTS Bid Tabulation Map $297,960 $29,000 $12,000 $75,000 $413,960 - Bidder / Plan Ho lder Broadaway Holdings, LLC. Ballou Construction Co., Inc.* Vance Brothers , Inc. * Qualification Letter Included LOW B ID D ER: Bond y y N Microsurfacing 2006 Bid Tabulation Addendums 1-2 Micro Tvoe II Micro Type Ill YES $162,500.00 $115,460.00 YES $195 ,000.00 $138,000.00 ?? No Bid No Bid Broadaway Holdings, LLC. Traffic Control Total $20,000 .00 $297 ,960.00 $15,000.00 $348,000.00 No Bid No Bid [) MICRCBURF'ACING 2CC6 2100S. 2700 s. I City of Englewood --MICIIID.UIIIF"ACINCI :ace• Vance Bros Inc. 5201 Brighton Kansas City, Missouri 64130 August 14 , 2006 City of Englewood Olga Wolosyn, Mayor I 000 Englewood Park way Englewood , CO 80 110 Re : 2006 Micro surfacing Program Dear Ms. Wolosyn : 816/923-4325 AUG 5 200 6 Yance Brothers , Inc was excited to hear that after our Jetter (copy attached) requesting the opportunity to bid was received , that the public works department (PWD), would in fact , solicit competitive bids. However, we regret to inform you that we are un w illing to bid on the 2006 micro surfacing program. Much to our di smay , the contract do cum ent s and technical s pecifications that have been used for over a decade , were overhauled and the final result is a document that in our opinion , discoura ges new co ntracto r participation. Following is an attempt to hi ghli ght just a few of the concern s th at we have in regard to thi s year's pro gra m I ) The PWD is requiring that the contractor supply the City with a one-year wa rrant y. Thi s is normall y not a problem , however , the PWD is not only spec ifyin g which material s are to be used , they are choosing the manufacturer of the mat erial. 2) The PWD requires th at the emulsified asphalt be purchased from a producer in south Loui sia na . Although , we make no comment concerning the quality of thi s supplier or their material , we would be remi ss if we didn 't point out th at th e larges t and mo s t technolo g ica ll y ad va nc ed e mul sion suppli er in th e U.S. has a plant capab le of suppl ying this project wit hin thi11y miles of the C it y of Eng lewood. This particular plant ha s supp lied the emulsified asphalt on seve ral s uccessfully completed projects throughout the state of Colorado whic h utilized the very aggregate that the City requires. In addition to the obvious avings due to the reduced freight charges , emulsified asphalt can so metime s deve lop qu es tion ab le properties when shipped long distances. (i .e. fai lur e of se ttlement tests). 3) The PWD ha s directed the contrac tors to use specific suppliers but require s the contrac tor be he ld financially re sponsible for any and all testing that the engineer , may, at hi s di sc retion , require . The e te sts can be very expensive and are typically paid for by the agency requesting the te ·t . 4) The specification states , "The City will assure the quality of all component materials". Again, the contractor is extremely vulnerable. There is no mechanism in the contract to protect the contractor if the City's choice of materials does not meet the specifications. Or, in a worse case scenario, the materials do not produce the desired results. 5) The technical specification states, "The City will dictate the chemical formulation of the emulsified asphalt to the emulsion manufacturer". Agencies nom1ally operate within their area of expertise and without exception , leave these decisions to the manufacturers and applicators. Any mistakes in this area could be a potential disaster, again leaving the contractor vulnerable. 6) The PWD has procured a mix design from a certified laboratory , however they have failed to supply the potential bidders with the results of the entire mix design. 7) Contractor productivity is held to a minimum, thereby increasing the time on the project and increasing costs to the taxpayer. 8) In the addendum it states that a successful test section of this mix was recently installed in Louisiana and the results were to the City's approval. Who applied the test section? Where was it applied? Was it applied under the same traffic conditions? Is the weather similar to that of Englewood, Co? Was the applicator of this test strip one of the potential bidders and did this company ha ve a complete copy of the mix design? Would an invitation to view this test strip to all pro s pective bidders be appropriate? Does the opportunity to perform this test strip gi ve an unfair advantage to the contractor that perfonned it ? As you can clearly see, the contractors success or failure lies solely in the hands of the PWD rather than in the contractors ability to choose quality materials, provide professio nal workmanship and produce at a rate that would assure the City great value. The average price of microsurfacing (without competitive bidding) to the City for 2004/2005 was $230.00 per ton. A conservative price for the same product utilizing qua! ity lo ca l materials and without restrict ed production would range between $120.00 a nd $175.00 per ton. After reviewing the current specifications it would seem that the PWD is not interested in creating a competitive environment where as the taxpayer would be the benefactor. If you have any questions or need additional information concerning these issues, please advise. incerely, -J;,,,.._, J./n/v'r.a (,u.c .u:L Tim Harrawood, eneral Manager Arkansa Divi ion op1es : Denver Po t olorado ommunity New paper Vance Bros Inc. 5201 Brighton Kansas City, Missouri 64130 City of Englewood I 000 Englewood Parkway Englewood, Co 80 110 RE : Microsurfacing Program 12-05-05 Rick Kahm , 816/923-4325 Yance Brothers , Inc is pleased to announce the expansion of our Slurry Seal & Microsurfacing contracting di vision to the great state of Colorado. This should prove to be a complementary addition to the pavement maintenance supply division that has been in operation in central Colorado since 1980 . This contracting division specializes in the application of Slurry Seal & Microsurfacing. You will see , as you proceed through this packe t, that, Yance Brothers , Inc is indeed a leader in the pavement preservation indu stry , especially in th e field of Slurry Seal & Microsurfacing supply and application. We at Yance Brothers , Inc are fortunate to ha ve employees who are among the most re spected in the industry due to their integrity and vast knowledge of the products that we apply. In fact two of our employees (Tim Harrawood & Carl Gilmore ) have been involved and or managed the City of Englewood Microsurfacing program for the las t s ixteen years . In addition to our great employees , we have some of the fine st equipment ava ilable within our industry . Included in the list of equipment , are three Akzo-No be l CRM-500 continuous Microsurfacing pa vers . We support the se pa vers wi th a hos t of specificall y designed nurse unit s ca pable of handling proje cts of any size, sma ll or large. With these co ntinuou s pavers we are able to keep produ ct ion levels hig h and therefore keep user agency costs low . In addit ion to the ability to maintain traffic and notify the general public within our work zones, we also have the equipment necessary to prepare the c:xisting pavements prior to overlay. Since approximately 1987 the City of Englewood has kept the door closed to the co mpetiti ve bid process in regard to this project. The dollar amount of these projects over the past eighteen years adds up to a total of approximately ten millions dollars . Each und ever, contract over this time ha been awarded to one contractor. I have taken the time to rt:view the cuITent specification used by the City and have determined that we can meet and or exceed all of the required provisions . Therefore we at Yance Brothers , Inc respectfully request the oppo rtunity to bid on the above-mentioned project. We feel that n t only can we save the City of Englewood a tremendous amount of money but we can al ·o perform the project in a manner that is second to none . Please take the time to review the attached references and you will find that we are very well respected within our industry . In addition to these references please visit our website at www.vancebrothers .com for additional information on our company. If you ha v e any questions or need additional information concerning this request , please advise. We at Vance Brothers , Inc thank you in advance for your consideration & response to this request. We look forward to visiting with you upon our return in January . Sincerely , Tim Harrawood General Manager Arkansas Division D Call to order f) · < Invocation~ 1. 2. 3. Pledge of Allegiance~ 4. Roll call and __¥__present COUNCIL • ting working not Members : c.-- Tomasso A Moore .Jt Barrentine v" Oakley L,../"' McCaslin v Woodward V Mayor Wolosyn ~ J absentlfl!:JtJRlf- ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 21, 2006 0t 1 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p .m . Call to Order \ 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members TomaYso , ~. Barre~ne, Oa~. Mc~in, Wood~. Wolosyry (o - None V City Manager Sears ,/ City Attorney Brotzman / Deputy City Manager Flaherty/ City Clerk Ellis Deputy City Clerk Bush / Director Olson , Safety Services / Director Fonda, Utilities / Manager of Open Space Lee , Parks and Recreatio Director Kahm , Public Works .,/ Police , Safety Services .3-t: "Y"I LU L '5i:e . \ l (; 5 . Consideration of Minutes of Previous Session ffl .-<. v~1LIJ1t..,1 t1 1 C fil':i l -Z (a) COUNCIL MEMBER ~ IOIOVED, AND IT WAS SECONDED, TO APP~OVE E MINUTES ( OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 2006. W _ ) Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccasl in, Mee,e, Wolosyn , Woodward , Tomasso , Oakley Nays : None 6 . Recognition of Scheduled Public Comment There were no scheduled v isitors . 7 . Recognition of Unscheduled Public Comment • Englewood City Council June 7, 2004 Page 2 * l•....;\,.,.~i@ .. sc.C ~~or.s fl\i,(,,J · ~6 -UL 1 \C\ 8. Communications, Proclamations and Appointments 'J,}> i (a) A letter from Vic Calender announc ing his resignat ion from the Urban Renewal Au thor ity was considered . /(. lj.iu (Jit,?f.,,/u --7 Ju i I., ' COUNCIL MEMBER J b\')'W, MOVED, AND IT WAS SE'tONDE Q/To Aet~PT THE LETTER FROM VIC {l 1&f}t ~-"'-- CALONDER ANNOU CING HIS RESIGNATION FROM THE URBAN RENEWAL AUTHORITY. b-Q ~ Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin ,~ Wolosyn , Woodward , Tomasso , Oakley Nays : None ::=::; ~ (b) A proclamation regarding National Alcohol and Drug Addiction Recovery was cons idered . -~OUNCIL MEMBER IA ){t)ll tJJ~ED, AND IT WAS SEcotk~6:*}/pJp~o #tPROCLAMATION REGARDING NATIOilli:ALCOHOL AND DRUG ADDICTION RECOVERY . &-Q a_ if (~I Vote results: Mot ion carried . Ayes : Cou nc il Members Ba rr ent ine , Mccasl in , ~. Wolo syn, Woodwa rd , Tomasso , Oakl ey Nays : None (} 9 . Consent Agenda . / 'I L L ~ ct /. <1l 'll) COUNCIL MEMBER ~io~EO, AND IT WAS ls ~dciNDro, ~O APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and (ii). ft;-0 {l. ~1 (a ) App roval of O rdin ance s o n First Read ing (i) C OUNC IL BI L L NO . 32, INTRODUC ED BY COUN CIL MEMB E R __ A BILL FOR AN O RDI NAN CE AUTHO RIZI NG AN INTE RGOVE RNM ENTA L AGREEMENT ENTITLED "AMENDED AND RESTATED WASTEWATER TRANSMISSION AGREEMENT" BETWEEN SOUTH ARAPAHOE SANITATION DISTRICT , THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE , SOUTHGATE SANITATION DISTRICT, SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1, WASTE MANAGEMENT OF COLORADO. INC . AND THE CITY OF ENGLEWOOD , COLORADO . (b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 24 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE SOUTH SUBURBAN PARKS FOUNDATION . (ii) ORDINANCE NO . _, SERIES OF 2006 (COU NCIL BILL NO . 34 , INTRODUCED BY COUNCIL MEMBER WOODWARD) • Englewood City Council June 7, 2004 Pagel AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EMERGENCY ACCESS AGREEMENT CITY OF ENGLEWOOD WATER PIPELINE REPAIR JULY 28, 2006", RELATED TO THE REPAIR OF A BROKEN WATER PIPELINE BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD . Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Meore, Wolosyn , Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 9-'A10 , Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Manager of Open Space Lee presented a recommendation from the Parks and l "{J Recreation Department to approve , bniotiog , a contract for professional services during the golf course l u redevelopment for golf course construe 10n o servation . COUNCIL MEMBER L 1L'L\ ' I o'V~D. AND IT WAS SECON'J~. ~6VE l. C~TRACT FOR PROFESSIONAL SERVICES DURING THE GOLF COURSE REDEVELOPMENT FOR GOLF COURSE ,~ . CONSTRUCTION OBSERVATION. {v -{, (lf7f/l 'r Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , fmaie , Wolosyn, Woodward, Tomasso, Oakley Nays: None / (ii) Director Kahm presented a recommendation from the Public Works Department to approve , bf m~WJ· awarding the contract for the 2006 Micro-Surfacing Program to Broadaway Holdings LLC, in the amoun bf ,960 .00 . couNCIL MEMBER lW i veD, AND IT WAS sec] b1 D, f6 · 1 wAftti THE CONTRACT FOR THE 2006 MICRO-SURFACING PROGRAM TO BROADAWAY HOLDINGS LLC, IN THE AMOUNT OF $297,960 .00 . Vote results : Ayes : Council Members Ba rrent in e, Mccaslin, MMM, Wolosyn , Woodward , .... .. Englewood City Council June 7, 2004 Page4 Tomasso, Oakley Nays : None Motion carried . General Discussion ,HJ 2 1 ...,..,._ ~1 /.)Jl51JI\ V YI D !,..J (a) Mayor's Choice C. . , . _ ri.ut ;)1 :f b K Mayor Wolosyn did not have any matters to bring before Council. (b) -Council Members' Choice (i)f ~O~ Council Member f:Jd A/\JAvfJ/J (ii) ,q(.?~ Council Member (fl C. C ()_ u· /1./ Tl~ -~~ UJlu...., -c 1~ oa 'j s -~"'to '· a...r1Cl. ~(,~"'~ u+k..r _ 1'-<-St<-cL ·• ~ ~ 6 ~UM-CA~ ~-'-:Y ~ri /y1<J1(,mtJ.,n 1 • YY1 Wi..rx11 ,·l)t'Ju:r;/ W,Vif · }~ ftCf City Attorney Brotzman did not have any matters to bring before Council. i:J, 15 . Adjournment : 3 ·:) p yn ,1' \ MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at _p.m. City Clerk