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HomeMy WebLinkAbout2004-02-17 (Regular) Meeting Agenda Packet-- Ord n//f./. 10, Reso ny. 43, 44, ./ ·• • • ... · ...... •. ·; .. .. " • . .. .. ' .~ ... . ~ .. . • c.. • . '• ... ~ • • ....;. 1'~\ ' . ... . ·. ,: . ~- Regula r City Council February l 7, 2004 11, 12, 13, 14, 15, 16, 45, 46, 47, 48, 49, 50, ,· l . . . .. .. ~. ' . ...... 'f .: . Meeting 17 51, 52 •, ..._ •., ' . . •• ... .. ···' ' . . . • • '-~ •• • \, . • . I-, ' ... . . • • 1. Call to Onler ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRAOO Replar s-lon Febnaary 17,2004 () The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:30 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3. The Pledge of Allegiance was led by Mayor Garrett . 4 . RoUC.U Present : Absent: A quorum was present. Also present: 5. Minutes Council Members Tomasso, Moore. Barrentine, Garrett, Bradshaw. Wolosyn, Yurchick None City Manager Sean City Anorncy Brouman AssiSWlt City Manqcr Aaherly City Clerk Ellis Director Olson, Safety Services Director Fonda, Utilities Senior PlaMcr Graham. Community Dneloprncnl Director Orya)ewicz. Finance and Adrninillnlive Servica Director Simpson, Community Development (a) (Clerk's IIOIC : See page 3.1 6 . Scbtduled Visitors (a) City Council recognized the young people who were nomtnated for the Meuopoh1an Mayors and Com missioners Youth Award : Mayor Garren said thi s is always an exciting night . We have the opportunity to recoanize D111Cteen nominees for the 2004 Metropoliian Mayors and Commisaioncn Youth Awards . We thank everyone for coming tonight . I do want to make DOie that we invited the School Board to come. but unfortuDMely they have a meeting conflict . Each nominee will receive a certificate. u well u a backpack sift baa u a lOken of admiration from the City Council . At thi s time I would like to invite the membms of the C11y Council to come down to form a receiving line. to shake their hands as they come forward . Alao. after the awards. we are going to have a brief reception in the Community Room . Mayor Garren said at this 11me I would like to introduce Council Member Bev Bradshaw who, bcudes being on the Board for the Metropoliian Mayors and ommilSIODen Youth Awards. wu inunu.tllal in • • Englewood City Council February 17, 2004 Pqe2 (J the City of Englewood setting up this kind of tradition char we have here. So, at this point I would like to tum ii over to Ms. Bradshaw. Council Member Bradshaw said thank you. Before I start, I think we need to recognize the lady on our staff who puts Ibis whole program together and that is Leigh Ann Hoffhines. I would like to give her a big round of applause, she said. There was applause. Ms . Bradshaw said we arc honoring these nominees, not because of the hardships they have faced. but because they have persevered and have taken control of their lives. How many of us at the age of some of these folks, can say we took control of our lives? Each one of them has made a difference in their own life, as well as the lives of those around them. Special thanks to the nominators for recognizing the accomplishments of lhcsc young people and for helping us honor them. Will the nominators please stand at this time? They were given a round of applause. The nominees arc: (i) Michael Anaya Jr., a Senior at Colorado's Finest Alternative High School. Michael's nominator describes him as bright, motivated, and always there to lend a helping hand. Michael's resilience is remarkable. (ii) Elizabeth Bridge. an 8'" Grader at Sinclair Middle School. Elizabeth's teachers describe her as a "ray of sunshine" who always sees the bright side of every situation. (iii) Joseph Gallegos, a Junior at Colorado's Finest Alternative High School. According to his nominator. Joseph exemplifies hard work. commitment, dedication, and tenacity. (iv) Brianna Hand. a Junior at Colorado's Finest Altcrnativc High School. Brianna's nominator describes her as positive and optimistic -her tenacity and commitment deserve recognition. (v) Caroline Jepsen. a Senior at Humanex Academy. According to her nominator, Caroline has made significant gains in her life -she has become a leader at the school and has strong goals for her future . (vi) Rachel Lawson. a Senior at Hurnanex Academy. Rachel's nominator says she pushes herself to do well and has strong ambitions as she gets ready to graduate in May. (vii) Michelle Lee. ans• Grader at Aood Middle School. Her nominator describes Michelle as a role model. leader. and an inspiration. (viii) Crista Lcll, a Senior at Colorado's Finest Alternative High School. Her nominator says Crisra maintains a positive outlook on life. and has strong goals and aspirations for the future . (ix) Giovanni Lopez. a Senior at Colorado's Finest Alternative High School. Giovanni 's nominaror describes him as a hard worker and good role model who is sensitive, dedicated, and committed. , (x) Derck Manful , a Senior ar Humanex Academy. Derek's nominator says Derck goal -orienred and uses hi s own experiences to help other students make better choices. (xi) Tim Moen. a Senior at Humanex Academy. Tim's nominator says he has a great altitude about life. and is looking toward a bright future . (xii) Coric Moyer. a Senior at En,lewood High School. Her nominator says Corie promotes a positive altitude whenever and wherever she can, sharing her experiences to help ochers . ' • • • Englewood City Council February 17, 2004 Page3 0 ' 0. (xi ii) Justin Neumann, a Junior at Hurnanex Academy. Justin's nominator says he has become an energetic, goal-oriented student with a great attitude about life . (xiv) Angel Palumbo, a Junior at Colorado's Finest Alternative High School. Angel is a role model who is always ready to help those who need her. (xv) Rhiana Tartaglia, a Senior at Colorado's Finest Alternative High School. Rhiana is described as a caring role-model. Her fellow students appreciate her experience, acceptance, and non-judgmental attitude. (xvi) Kristin Terrill, a Senior at Colorado's Finest Alternative High School. Her nominator notes that Kristin's resilience and experience help her offer advice and suppon to her peers in their own struggles. (xvii) Shannon Umberger, a Senior at Colorado's Finest Alternative High School. Shannon is described as the epitome of courage, resilience and determination. (xviii) Ashley Vaughn, a Senior at Colorado's Finest Alternative High School . Ashley is described as a caregiver among her peers. She uses her experiences to he.Ip others, and has positive goals for the future . (xix) Sarah Young, a Junior at Colorado's Finest Alternative High School. Sarah's experiences have helped her face life with determination and vigor . Council Member Bradshaw said congratulations and we arc proud to have young people like you as members of our community. We wish to thank the families, friends, teachers and counselors who arc here tonight to help us honor our nominees and who support these very special young people on a daily basis. Let's give them all a .big round of applause. The nominees were given a round of applause . Council Member Bradshaw said please join us next door in the Community Room for a brief reception. Thank you . (b) Brief Reception. Council recessed for a brief reception at 7 :40 p .m. Council reconvened at 8:07 p .m . with all Council Members present . ••••• 5. (a) Mayor Garrell said I apologiu, as I failed to address Agenda Item 5 (a) at the beginning of the meeting ... approval of the minutes of the Regular City Council Meetinrof February 2, 2004. COUNCIL MEMBER WOl...ffi\'N MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 2, 2'04. Mayor Garrett asked if there were any comments or com:,ctions. There were none . Vote rnults: Ayes: Nays : Abstain: Moo o n earned. Council Members Banentine. Bradshaw. Garrett. Wolosyn. Tomasso None Council Members Moore, Yurchick ,. t .... .. • • 0 Englewood City Council February 17, 2004 Page4 ·• • • (c) Jim Ruybal said I represent the St. Vincent de Paul store at 2975 South Broadway. I am a volunteer chairman of their volunteer board. I want to thank the Mayor and Council for letting me speak tonight. The St. Vincent de Paul Thrift Stores are a 501(c)3, registered with the State of Colorado. We were formed for the express purpose of providing low cost clothing, furniture and other household goods to the needy. The reason I am here to address the Council is because we have had to close two of our stores ... one on Hampden and the one on South Broadway . We have lost thousands of dollars every month that this store has been o pen, and now we are completely out of cash. We are in the process of trying to get a release from our remaining lease payments. We have until April of 2006 remaining on our lease. The landlord has been very responsive in working with us and has agreed to release us . Unfortunately, when he leased the property to the St. Vincent de Paul stores, he relinquished his right to automotive use. That makes it very difficult for him to recoup his losses. We've already had a number of vandalism cases, since we put up the liquidation signs. We believe it is in the best interest of the City to let this property revert back to it 's original or previous use, which was automotive, and allow the landlord to lease the property quickly and release us from our remaining lease obligation. Without this release, we will be forced to go into bankruptcy. Again, he said, the purpose was to provide low cost household goods and clothing for the needy. If we go into bankruptcy, that will eliminate that opportunity for us. We have one remaining store on East Colfax. So, I would ask the City Council to please, not extend the moratorium on car dealerships and allow this property owner and other property owners to lease their property ... particularly in this case ... to car dealers. So we could have our release and he could recoup the loss that he is going to face. would be glad to answer any question that you might have. Mayor Garrett said thank you very much. We usually listen during this phase of the Council meeting and then we may discuss the issue under Council Member's Choice. Mr . Ruybal said thank you very much. 7. Unscheduled Visitors (a) Paula Sparacino said Mayor Garrett and members of the City Council, thank you for allowing me to speak to you regarding the extension of the auto use moratorium, which is Council Bill No. 2. She said I am the owner of Richards Motors. l am also a member of the Auto Use Committee established by your Council. I wanted to speak to the Council tonight and let you know I oppose the extension of this auto use moratorium. While I appreciate the intent of the City to work with the auto use community, this moratorium is a detriment to the South Broadway Corridor as a whole. It is currently affecting other business owners in a negative way ... St. Vincent de Paul for example. There is, however, a positive example of progress on South Broadway. It is the Eckerd Drug development proposal that is currently in finalization. This will remove three dealers and an AAMCO Transmission from South Broadway. This is the way South Broadway should be developed. Let free enterprise and the market drive the revitalization. This won't happen by forcing a moratorium on existing businesses. Who's to say that 1n six months the City Council would decide that lawyers, doctors, accounlallts, etc. are next on the moratorium train? We, as a committee, have offered several suggestions and have asked for information to make informed decisions regarding these suggestions. I want to go on record and state that the previous ix months of moratorium have not been that productive. While I appreciate the City's con ideration of the permanent use-by-right that we proposed. I realize that this, ultimately. is a poor decision as it sets limit on other businesses utilizing their properties for a free enterprise and a diversity that could populate the South Broadway Corridor. In addition. the Auto Use Committee suggested some sort of business equalization tax or fee assessed on the auto community. to make up the alleged sales tax revenue deficit. which was the basis for the first moratorium ... other than the fact that Mayor Bradshaw, at the lime, thought there were too many car dealers o n South Broadway. I want the Counci l to know that I will conlinue to work with the Planning and Development Department. It appears that we finally have a proposed plan of action as outlined in the letter that we received on February 11•. That was sent to the whole dealer community. The Auto Use Commutec is a volunteer group. We take time out of our workday to meec with City staff. Time that co uld be spent managing our own businesse . but we feel it is in our best ,nacres, and the interest of the dealer community to be well informed of the zoning change and design standards that the South Broadway Plan contain . I feel privileged to participate, by serving on th1 Committee. However, I don't feel that a moratorium is needed to accomplish this review . It is as if the City feels they need to impose a time liml! on us ... the Auto Use Commutee ... to force us to review and comment on the Plan . Think about how continuing the morat.orium places undue strain on the already strained economy here in the Enalewood .. • • Englewood City Council February 17, 2004 Pages • • • area. Do we really need a moratorium, just so we can review your proposed beautification plan? I think not. Thank you. (b) Jim Bahne said good evening Mayor and City Council members. I too am a dealer on South Broadway al Valley Motors, 4550 South Broadway. We have talked to some of our dealers tonight about representation at this meeting. A lot of dealers arc very much opposed to this and were willing to show up tonight for the meeting, but since our small group here has been meeting with the City staff, we thought we would try to keep it as non-confrontational as possible, and try to stick to the facts without repetition, just to speed the process along for all of us . So, we are here representing a number of new car dealers and a lot of used car dealers and other auto use users. A lot of the things that Paula has already mentioned, I will try and skip over, but it is true that we are totally opposed to the extension of the moratorium. We just don't think it is necessary. It is really starting to stifle business and I think Mr. Ruybal is a perfect example of the tremendous financial burden that this is putting on us. You know, through this whole process wc have corresponded with you, you have corresponded with us, we've met, we haven't always gotten the information that we wanted in a timely manner ... wc have gone over that. I think you understand where we stand and we kind of understand where you stand. I just want to point out that a recommendation has been made, from both sides here, that were pretty good recommendations. The City, at one point when we met with them in a Study Session, suggested that perhaps a permanent use-by-right could be extended to automobile dealers. We thought that would be acceptable to our dealers. That would be pretty good if we could have our auto properties that arc operating as that right now, be leased for some other use and if, for example, we have a situation such as Mr. Ruybal just discussed, where all of a sudden we need to abandon that use and go back to the auto use, that we would always have the right to do that. We appreciate the thought that went into that . We thought that was a good idea at the time and we would probably be willing to accept that. But, in principle, we really can't do that because, you know, what we would be taking for ourselves, would be taking from other dealers. It just wouldn't be right and fair to give us an advantage over other dealers. So, we are opposed to that . We would take that deal if we could get it, but we arc opposed to it just because we don't think it is fair for the whole City. So that was a suggestion you made to us, and we appreciate that. We made the suggestion to City staff and Council that if indeed there is a short fall of revenues. we would be willing to discuss what that was. If dealers aren't collecting their fair share of sales taxes related to other businesses, we would do something to try to make up that short fall . We certainly would continue to do that. That would be open for discussion. But I don't think this whole idea of the moratorium ever really had a plan behind it. What were wc going to do once wc had a moratorium? We were going to establish appcarancc standards, wc were going to establish revenue standards and we were told that we were unattractive and that we really wcren 't wanted here . So, at this point, we want to work with you and try to overcome some of those things. but the Slandards that Mr. Graham has mentioned to us, that could be standards that we would apply to auto uses in the future , they are having a very difficult time coming up with these standards and I think I know the reason. A lol of municipalities across the country are trying to limit auto use in their areas where they can't share in the revenue, and they arc doing that by putting limits on the minimum size of the properties. One and a half or two acres we have read about ... across the country. Well, with the one and a half or two acre site minimum, the City can then work with landscaping, setback. architecture, ingress, egress ... and that works in other communities. I mean that works with any siz.c property. You can do those things. But. in Englewood, we arc landlocked ... wc are a City that has no room to grow. Our properties are only 125 feet deep and a lol of our dealer don't want to expand. We want to stay small and boutique-ish and lhcrc really isn't anyway for us 10 c tabhsh, in my mind. any kind of viable cnterion for car dealers in the future to operate under, if you arc trying to use big property models. So, in essence, we jus1 look al this moratorium as a noose around our neck and I think it i becoming a noose around the neck of other businesses. I think it is really going to stifle the City Council. it i goi ng to pur a real wrench in a lol of people's plans for some development here and it I going 10 create some real hard fcehng between us and the City that we jUSI don't think we wa11110 have there . We want to work with you . We love wa>kin1 1n Enslcwood. We wanl to wa>k with Council and we arc willing to do it. but 10llh 1h1 sock han11ng over our head, we JUSI don't think it should be lhcrc. I really urge you to vote again 11h1s renewal of the moratorium. Thank you very much. (c ) farvm Hall said I own property at 2800 Soulh Elab. which I not 1n yow 82 Business Zone area on Broad,.a that )OU are d1 ussm . bul I am a c• duler and I would hkc to speak on behalf of the Brond,.:,,y car dealers to suppon their opt 10 elUil the wa they wan1 to cx1Sl, not the way you want ' .. • • Englewood City Council February 17, 2004 Page6 ... • • 0 them to exist, because this is supposed to be a country of free enterprise and property rights. I remember a moratorium put on the area down where my property is , but we could never figure out exactly what that was for . It was when the City was attempting to condemn the old General Iron Works property, when it was owned by the Rosen's, and convert that to some higher and better use in the City's eyes. I don't think the moratorium was necessary back then and I don't see why it is necessary now. You have had six months to discuss this and have produced, apparently, nothing of real value. I can't forget. . .I believe it was in October at one of the Council meetings ... the statement made by Beverly Bradshaw and apparently supported by John Moore, which was that she just hated all these car dealerships and used car lots on South Broadway and that something had to be done about it. And along with that, went the proposal for the $10,000.00 a year occupational privilege tax on all car dealers in Englewood, which, fortunately, the rest of City Council defeated. But, it is the attitude that really bothers a lot of the business people in Englewood, particularly car dealers. Thank you. (d) Gary Leisy said I represent 1300 West Quincy, which would not be affected by the moratorium, and also 4955 South Broadway, which is a family owned property that is affected by this. Thank you Mayor Garrett and Council members for allowing me to speak tonight. I would like to read you a letter that my father wrote regarding an Englewood issue. "Gentlemen, my name is Richard Leisy. I am the owner and president of Englewood Motors, Inc. at 4955 South Broadway. I am the owner of the property from 4915 through 4955 South Broadway with approximately 250 feet of frontage. I am also the owner of property at 1300 West Quincy, representing approximately 200 feet of frontage. I must voice my strong opposition to this bill . I opened Englewood Motors on March I, 1960 and have been an Englewood businessman working long, hard hours ever since. An independent businessman does not have a retirement program, unless he creates one for himself. Land payments that I have made for many years represent my retirement program. I firmly believe that established Englewood business persons and land owners should not be forced into a bill that will do nothing but raise overhead costs and shrink our profits. It is my understanding that we have laws in Englewood requiring proper maintenance of bod! commercial and residential properti~. I suggest that you encourage strict enforcement of these laws, rather than placing an extra burden on the businesses of the Englewood area. Unfortunately, today many of our government leaders fail to use old fashioned business sense. I respectfully request that the Englewood City Council use some business sense in this matter. Allow us to tend to business and make a profit. Our success has and will continue to generate revenue for numerous Englewood projects. Hundreds of businesses are represented along the South Broadway Corridor. The City of Englewood cannot afford to endanger the livelihood of these businesses. I urge the City Council to reject this bill ." Mr. Leisy said now I've got to fess up. My father hit the feelings of all these people right on the head , and it is amazing. because he passed away in 1996. This letter was written on September 9, 1985 and it had to do with Councilman Higday' s bill number 50 for beautification, aimed strictly at South Broadway car dealers. lsn 't it funny how some things never change. Here we are nineteen years later and we are arguing about the same thing, because the Council continues to single out a business. For those of you who were not involved, we ended up in court over that and, for the lack of a better way to put it. our side won . We don't think it is fair. We don't think it is legal and we don't think it gives the City of Englewood a very good image out there for business people. We would like to see you become more pro business. Mr. Bahne, Mr . Cook, Ms. Sparacino ... we have all spent our time uying to work with you. We would appreciate it if you would work with us and we feel , as I said six months ago, we do not need a moratorium hanging over our head to work with yo u. We would be happy to work with you. This thing is not necessary and I urge you to vote it out. Thank you. (e) Susan Gabriel. 4040 South Delawares-. s;aid I am not here for a referendum, a moratorium or anything official, 1 nm here foe a local neipborhood issue and that is, I and many of my neighbors right on my street. on Delaware s-. arc very concerned with the issue of speeding. We are, I gue . a feeder corndor. We have no stop signs at all bctwsn Kalarnath and Oxford Street. It is common for people 10 speed up and down with seeminaly no regulations and no enforcement of speed limits. I have nc,er seen an) patrols there. In fact, what I have seen of the law enforcement. is them speeding up and down that treet too. because it I right dose to the police station down there, by the ball field. And they seem to use that a quick avenue to get out IO Ollford. It IS quite dangerous . As I was saying before, in m "'hole hfe .. I'm 36 years old .. .l have never had a problem with close calls, but I have lived here foe !most four )Car and SC\'Cral tunes I have almost i-n h11 comina off of side streets. I am really concerned ' .... .. .. • • Englewood City Council Febnaary 17, 2004 Page7 -· • • ·o I c-·-~~. about the kids in the neighborhood, because I watch my speed and I know when I come home from work that kids are out there in the summer time . Several times when I have come home, balls have gone out into the street, kids are running out, bicycles are coming out of driveways and I can't imagine what's going to happen when some kid gets splattered up there, because there is no enforcement of the speeding there. I saw one of those little mobile things in place several months ago, for, I believe, two days and that is the closest I have seen of any kind of enforcement effort. In fact, when we have had neighbors go and talk to the police at the station just down the street, a definite impression that we got was that they did not want to do anything about it . My personal feeling is because they like the freedom of being able to speed up and down that street. I resent that, because it sets a really bad example for people that live in the neighborhood and people that don't live in the neighborhood that use that as a quick way to come and go. I strongly feel that something needs to be done about that and since I have been living here, I have seen pretty much nothing done at all to enforce the speed limit. It is 30 miles per hour. I drive 30 miles an hour all over, because now, having to deal with this issue as a resident in a little neighborhood, I understand that there is a safety issue and there is a noise issue. I have a problem with that. Hot roddcr's, zooming up and down the street, wake me up almost every night. It is unbelievably loud. I would really like to do something about it. So, I am here as a first step to get this on your list of things to look at, to study, whatever. I am here for some guidance. I want to learn how to be a squeaky wheel, so that I can do my part in pushing to get something done . I am willing to go out there and do my part too and I need your help. Thank you. (I) Ryan Davis, 4050 South Delaware, said I am Sue's neighbor. She has done a fairly decent job. I think, of telling you what the issue is . I have talked to the majority of the neighbors on my street and we arc all in one accord on the issue. There is a problem. I have neighbors who won't park in their driveway because they arc afraid that if they back out of their driveway, they might get hit because people are simply careless as they are driving up and down Delaware. I moved into this neighborhood under the assumption that it was a fairly quiet neighborhood . The emphasis is on neighborhood. You know, it is not Broadway, it is not Santa Fe Drive, it is not any of those. It is a residential neighborhood. We are not getting residential neighborhood type traffic. I have seen 18-wheclcrs on our street. I have seen cement trucks on our street and I !-.ave even followed a couple of these industrial vehicles down our street to find out where they arc going. They are going through our neighborhood . That's it! I have seen police cars coming through our neighborhood at excessive speeds, without any lights. without any sirens. I watched my best friend almost get hit by one. That is kind of disturbing. The main problem is because there arc no stop signs ... there is no type of limitation there, period. The police aren't limiting it. When I've talked with police officers, they have simply said that they are understaffed, underpaid and they can't be everywhere at once. I kind of have to agree ... they can't. But then, when I brought it to their attention, they have somewhat limited their speed and the use of our street as a thoroughfare. I have noted that. I have gone through all the channels trying to talk to people and now I am talking to you. This is a serious business. One of the things that bothers me the most is an emotional issue on my part. I don't want anybody· s kid hit. That is the bottom line . It is going to happen, because there are no controls. In most parts of Denver, they have stop signs in a checkerboard pattern. We don't have anything in our neighborhood. People go through there ... teenagers, old people, young people, you name it ... they go through there and they don 't even think about whether they are in a residential neighborhood with kids or not. I stand out there and when I see them coming down the street at 45 or 50 miles per hour, I try to get their attention, get them to slow down. But you know what? They are back out there the very next day doing the exact same thing. That is because they are using it as a thoroughfare. They are using it as a Broadway. They arc using it as a Santa Fe. You know they arc going at the same speeds on our street as they are doing on Santa Fe Drive. It is not the same thing. We need something done. I have talked to the police officers in charge of this. I have talked to udd in the traffic cngi.-ring department. I have talked about the troubles and 1 have gotten nowhere. The speeds are still up . The dangers are still there . I have my nieces coming and visiting on a regular basis . I don't want them hit. Anything can happen ... we need some controls. What I would like to see is the checkerboard stop si1n pattern implemented in our neighborhood. That is what 1 would like to see. 1 don't see any reason why it can't be, because then that would limit the amoum of traffic that is going around the perceived obstacles on Broadway and it would, in theory. s low people down a little bit, because they do have to at least slow down for the stop sips. Now, I don't think they are going to stop altogether, because quite llonealy. the police uen't out there to enforce it . Another thing 1 was di sturbed about was when 1 talked to the police officers. I UDdenland thal some of them haven '1 had a raise in three years. I understand we are limited Oft funds. but come on. v,hett IS the ' ... ..• • • -· Englewood City CouncU February 17, 2004 Pqe8 incentive? It needs to happen. They need to have incentives too. My incentive every day is to make more money . That should be theirs also. So, there are several issues on the table that I want you to consider he re. Thank you. 8. Communications, Proc:lanalioos and Appolnlnmlts There were no communications, proclamations or appointments . 9. Public Hearing No public hearing was scheduled before Council. IO. Coosent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (U) and (W) AND 10 (c) (I) and (U). (a) Approval of Ordinances on First Reading (i) COUNClL BlLL NO. 7, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE GIS PILOT STUDY PROJECT ON SEWER SYSTEM MAPPING BETWEEN CHERRY HILLS SANITATION DISTRICT AND THE CITY OF ENGLEWOOD. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 7, SERIES OF 2004 (COUNClL BILL NO. 3, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT NUMBER ONE TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. (ii) ORDINANCE NO. 8, SERIES OF 2004 (COUNCil. BILL NO. 4, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO AMENDMENTS TO THE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF E NGLEWOOD, COLORADO. (ii i) ORDINANCE NO. 9 , SERIES OF 2004 (COUNClL BILL NO. 5 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE WATERING OF LANDSCAPING ALONG THE SANT A FE CORRIDOR BETWEEN THE CITY OF SHERlDAN. COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. (c) Resoluti o ns and Motio ns (i) CONTRACT FOR ACCESS AND SECURITY SYSTEM IMPROVEMENTS AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT WITH SIMPLEX- GR IN NELL IN THE AMOU NT O F $240,330.00. ' .... .. t • • --- • Enalewood City Council Febnaary 17, 2004 Page9 (ii) CONTRACT WITH MOUNTAIN STATES PIPE & SUPPLY FOR THE PURCHASE OF WATER METERS AND RELATED EQUIPMENT IN THE AMOUNT OF $92,323.18 . Vote results: Ayes: Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None 11. Regular Agenda (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation to adopt an emergency bill for an ordinance approving an Amendment to the Agreement Regarding Design and Construction of Drainage and Aood Control Improvements for Marcy Gulch at Englewood Ditch. This is a recommendation from the Water and Sewer Board to enter into a contract with Highlands Ranch and the Urban Drainage and Aood Control for the repair of the drainage facilities and the piping at Marcy Gulch. The piping is for the City Ditch, he said, which carries our City Ditch water through Marcy Gulch to either be pumped into Mclellan Reservoir or come down to the Treatment Plant. We had been on the list for two years to get Marcy Gulch rcpairod, in accordance with the Master Design Plan for drainage that was done in 1985 . It usually takes about five years to bring this to the forefront and get funding, but when the summer rains hit, it nearly washed out the structure. It washed out part of it and that presents an emergency situation, so in this case Urban Drainage has moved it forward and Highlands Ranch came together with us and we have come up with a formula where Urban Drainage will pay half and Highlands Ranch and Englewood will pay a fourth of the construction costs. In addition, Highlands Ranch will be enlarging the pipe and paying for the enlargement ponion and, also, we will be paying for a valve. The total cost to the Water Utility would be $72,050.00, of which we have already contributed $12,550 .00 in the initial design . I think this has come together very quickly, given that it is such an emergency and on that basis I would recommend that we pass ii . Mayor Garrett said I want to point out that this as an emergency bill for an ordinance, which means it becomes effective on second reading, because they arc trying to get it done before summer. Mayor Garrett asked if there were any questions for Mr. Fonda . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 8. COUNCIL BILL NO . 8. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN E,MERGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER AND SANlT ATION DISTRICT FOR DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH . Mayor Garrell asked if there was any discussion . There was none . Vote results: Ayes : Nays : Motion earned . Council Members Barrentine, Moore . Bradshaw, Garrett, Wolosyn , Yurchick . Tomasso None (b) Approval of Ordinances on Second Rc.l1n1 ... .. • • Enpewood City Council February 17, 2004 Page 10 (i) Senior Planner Graham presented an emergency bill for an ordinance extending the temporary moratorium on the establishment of auto-related uses in the B-2 Business Zone District for a period of six months. He said staff brought the original and the existing moratorium proposal to Council at Council's request in September 2003. That moratorium expires March 3n1 if nothing is done on the bill tonight. Council approved that moratorium by unanimous vote and directed staff to work on solutions with the Auto Use Committee that was formed and several members spoke this evening. The moratorium is typically invoked when you perceive that changes would occur during the period you are trying to arrive at a solution. In this case, if you felt there was expansion of auto dealers or a number of new auto dealers attempting to locate in town and you were proposing solutions to what they look like, how much frontage they have, for example, it would be an appropriate use of the moratorium to apply it before a number of new businesses opened up and preclude the opportunity to address that. The proposed extension would provide six more months for staff to work with the Auto Use Commince. The new moratorium would last until August 15, 2004. It is the staff's recommendation that you approve the extension of the moratorium using an emergency ordinance, so that there is no lapse in the moratorium and it would continue without interruption to August 15•. Mayor Garrett asked if there were any questions for Mr. Graham. There were none. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE AGENDA ITEM 11 (b) (!)- COUNCIL BILL NO. 2 ON SECOND READING. COUNCIL BILL NO. 2 A BILL FOR AN EMERGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF AUTO USES IN THE B-2 BUSINESS ZONE DISTRICT, FOR A PERIOD OF SIX MONTHS. THE MOTION DIED FOR LACK OF A SECOND. (c) Resolutions and Motions (i) Director Gryglewicz prescllled a recommendation from the Department of Finance and Administrative Services to adopc a resolution approving a supplemenlal appropriation of $75.000.00 for the Safety Services Department. He said this is a resolution makina a supplemental appropriation from the General Fund's unreserved, undesignaled fund balance 0($75,000.00 to fund unbudgeted positions in the Safety Services Department until May 15. 2004. This issue was discussed at Study Session on February 9•. · Mayor Garrell asked if there were any questions for Mr. Gryglewicz. There ~ none . COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 42, SERIES OF 2004. RESOLUTION NO. 42, SERIES OF 2004 A RESOLUTION FOR SUPPLEMENT AL APPROPRIATION FOR THE 2004 BUDGET OF THE CITY OF ENGLEWOOD. COLORADO. Mayor Garrell asked if there was any discussion. There was none . Vote results: Ayes: Nays: Motion carried. Council Members Barrerwine. Moore . Bradshaw, Gama. Wololyn, Yurchick, Tomauo None ' -·· • • --, Englewood City CouncU February 17, 2004 Pqell 12 . General Discussion (a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine: 0 I . She said I almost get to thank the Police Departtnent every single time and, again, I wanted to say thank you very much. Some people were concerned at an apartment complex over on Belleview and I got a call from them. They had sent a letter to the police and the police had responded, taken it seriously and followed up. I wanted to say how much I appreciated that. 2. She said I also wanted to say how fortunate I am that I visit Englewood businesses, because when I had surgery this last week, they did a beautiful job. Dr . Peter Spence, Dr . Stone and Dr . Steven Kottke reminded me that when you take the time to listen to the people that you serve, you always end up with better results and I am glad that they were listening to me . So I wanted to say thanks to them. (ii) Council Member Bradshaw: I . She said I would like to compliment Olga and the Cultural Arts Group for the outstanding article on Art and Culture. And, I wanted to thank Tom Munds for the excellent coverage in the Herald. That was the grant that we got, is that correct? Council Member Wolosyn said ARK is a separate program that we have started with a partnership of MOA and David Taylor. which I think it is finally getting off the ground. Ms. Bradshaw said that is what we hoped would happen. 2 . She said kudos to Mayor Garrett for his appointment to Urban Drainage and Aood Control, so our voice will continue to be heard. 3 . She said compliments to the Water Dq,utment for their help with Mrs . Goddard, who lives in the 2900 block of South Marion. Thanks for trouble shooting her big water bill . She really appreciated that. Please pass that along. 4 . She said thank you Lou Ellis for your report on the Election 2003. I really appreciate that. 5. She said we still have too many car dealerships on Broadway, but maybe there is a different way to handle it . I think one car lot per 560 residents is way too many. (iii) Council Member Yurchick said at the Study Session we were talking about landscaping issues. particularly in industrial build out . I talked to Lauri earlier and she said it would be coming forward on the UOC ... the landscaping requirements. I was questioning the necessity of them and she said they would be coming forward to Council on the UDC somewhere down the road. Bob Simpson said we recently discussed priorities with Council. Tho&e were not listed as high priority. They may be several years down the road. I'd also suggest to you, that from an impact kind of s tandpoint ... giving va lue back to the community .. .landscaping SWldards in industrial dislricts may not be as necessary to address . It is Just my opinion. We received directions from Council. We are going to be addressing certain things. like home occupations and we have signage issues. I appreciate where ihe was at. but it 1s probably going to be a lower priority for awhile. ' .. ,• • • F.apwood City Coudl Febnary 17, 2804 Papl2 Council Member Yurchick said that is fine. My request is that when it comes back. ifl am still here, I would like to be aware of it because I have some issues. Mr. SimpllOn replied I will make you aware, I will promise that. (iv) Council Member Wolosyn: I . She said the Eckerd development was mentioned during the public comments. ls that in Englewood? The comment was made that some businesses were being aggregated on Broadway to allow for an Eckerd development ... that it was pending. Bob SimpllOn said no, there are no properties that are being looked al to be agg,egated for an Eckerd' s store. Eckerd has shown interest in Englewood for some time. The problem has been trying to aggregate enough property to ICCOl1IIIIOdale a store. They are needina, I believe. approllimalely, an acre of ground and it is tough. There have been several locations they have been working on, but to date they haven't been identified. I know there is an Eckerd& being colllll'IICted al Evans and Downing. That is the closest that I am aware of al this time. 2. She said I would like to thank staff and the Auto Use Committee for the work they did during the moratorium. I hope that the spirit that I heard articulated ... to work with us ... will prevail. To me. quite frankly, it would be really nice if I could see that manifest in the location that St Vincent de Paul has had to vacate, because I actually think that is a nice building and I don't see that it obviously has to be an auto use. I would love it if we could work together and make it something better, that adds to the mix of businesses along Broadway. 3. She said I would like to address the issues on Delaware. because it actually is OD my list. A constituent called me last week. He was al Cherokee and Oxford, which I believe is subject to the same problems. His car was sideswiped and he had actually been talking to Tricia. because he wanred to do something ... to move his car into the front He has no objec:tiom to OW' new UDC and he is going to do something in the back. They are talking about getting a neighborhood group together and I said I would try to assist ... to make it known and stan some dialogue in anyway I can. I also know someone else who lives a block or so away from you on Delaware and she confirmed what you told me that day. It is an issue. I don't know if it is ET AC we should work with or what. Mayor Garren said I think initially. Gary Sean is probably going to talk to Safety Services Director Chris Olson about some of the things that we do. ET AC could clearly take that if they so desire. Council Member Yurchick said it is that whole area. I don't want to limit it to Cherokee and Delaware. I would want Fox included, as it is terrible there too. Council Member Bradshaw said any of the through streeU from Kenyon to Oxford. I drive that also and it is horrible. Council Member Wolosyn said I drive it too. I try to be mindful of the 30 miles per hour. Mayor Garren noted that Bannock is one-way there too. Ms. Bradshaw said ya, so it pushes it off. Council Member Barrentine said that gentleman called me too and I wanred to extend, more publicly. the high praise he had for Tricia Langon and how quickly she dealt with that He had had aome difficulty in trying to find out some information and then when he knew the riaht person to talk to, within an hour she had the answer to him. It was very professional and he took the time to call me back and say how impressed he was with her and the City for working with him OD that I wanted to pass that along, because he was quite impressed with her and that was very nice !hat he called back. City Manager Sears said we will give the Council a report Oris Olton, our Safety Services Director. is over here and you might ask him. but it also relates to the Pllblic Worb Depanmenl. I think Ken Rem also Englewood City CouncU Febnaary 17,2004 Pqe 13 0 . needs to provide an explanation as to where we are with that. We will at least provide that report back to Council and you can give directions as to where you would like to go with that. 4 . She said I would just like to say I appreciate the reply to Mr . Smith 's concerns about the administrative adjustment. And also, I really have been under the impression that the Board of Adjustments was aware of that, because I thought we discussed it when the three Boards met. Bob Simpson said thank you, I will pass it on. They were aware of it . We have discussed it with them. I think it was just kind of not realizing what the impact might be and the reality is, I mean, it is small. We arc not assuming too much authority, we arc just making sure that the small ones can be addressed for citizens' needs. ••••• Mayor Garrett said on our Agenda is Council Bill No. 9, which is a bill to repeal the Admissions Tax. We discussed it at the last Study Session. [Clerk's note: This was listed on the Agenda as Item 12 (b) (i).J COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 9. COUNCIL BILL NO. 9, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE REPEALING TITLE 4, CHAPTER 6, "ADMISSIONS TAX" OF THE ENGLEWOOD MUNICIPAL CODE 2000. Mayor Garrett asked if there was any discussion . There was none. Vote raults: Ayes : Motion carried. Nays : 13 . City Manager's Report Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None City Manager Scars did not have any matters to bring before Council. 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring !>cfore Council. 15 . Adjournment RRE'IT MOVED TO ADJOURN . The meeting adjourned at 8 :50 p.m. ~~-~ ' .. ,.. • • --- 1. 2. 3. 4. 5 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 17, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. 1?.'t:(J ~ Invocation. ~ Pledge of Allegiance. ~ Roll Call. di/ '7 ~ Minutes. °t'lll,. a. Minutes from the Regular City Coullj:il meeting of February 2, 2004. ~ 5 ~--).. G4iJlhl;v: /UJ()D. J Y Ul.!H If.IL) 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. City Council will recognize the young people who were nominated for the Metropolitan Mayors and Commissioners Yo4th A~ard: i. Michael Anaya Jr ., a stud;rit'at Colorado's Finest Alternative High School. ii. Elizabeth Bridge, a student at Sinclair Middle School. iii. Joseph Gallegos, a student at Colorado's Finest Alternative High School. iv . Brianna Hand, a student at Colorado's Finest Alternative High School. v. Caroline Jepsen , a student at Humanex Academy. vi. Rachel Lawson, a student at Humanex Academy. ,· vii. Michelle Lee, a student at Flood Middle School. viii. Crista Lell, a student at Colorado's Finest Alternative High School. Please note: If you have a disability and need auxiliary aids OI\JeMCes, please notify the City of Englewood (303- 762 -2405) at l eas t 48 hours in advance of when services are needed. Thank you. ' t • • Englewood City Counci l A ge nda Fe bru ary 1 7, 2004 Page 2 7. 8 . 9 . b. C. ix . Giovanni Lopez, a student at Colorado's Finest Alternative High School. x. Derek Manful, a student at Humanex Academy. xi. Tim Moen, a student at Humanex Academy. x ii. Corie Moyer, a student at Englewood High School . xiii. Justin Neumann, a student at Humanex Academy. x iv. Angel Palumbo a student at Colorado's Finest Alt_ernative High School. xv . Rhiana Tartaglia, a student at Colorado's Finest Alternative High School. xvi. Kristin Terrill, a student at Colorado's Finest Alternative High School. xvii. Shannon Umberger, a student at Colorado's Finest Alternative High School. xv iii. Ashley Vaughn , a student at Colorado's Finest Alternative High School. xix . Sarah Young, a student at Colorado's Finest Alternative High School. BriefReception. ~ '):~~ /Ull)P#IJNJ ~:()If~ Jim Ruybal from the St. Vincent de Paul store will be present to address City Council regarding the closure of the store at 2795 S. Broadway. ~~~~eds~lf~rJo~et,.rur pr!s.erlTPt,Jv~!~~ i. .~ ~IL 1;,,. v/14 BA-1141'--e.111-.J.. d .6H.Y t.JlcV-WJ.. 6. ~YNJ Wts;; ') Communications, Proclamations, and Appointments. ~/114 ... ft ON~- Pu blic H ea ri ng. (N o Publi c Hearing Scheduled) 'lo n ~ 0 · £,..°,.n~e~t,~g,e_n_da i,,., £Ao-I .r...~ ~~lr11Ulf /OAJ'/. lr1)r1-iii .. II~ ·r-v /0~ I IK,£~-flfl ,f,JJp/O~i'l-11 ""Yr"' a. Ap prova l of Ordinan ces O irst Reading . i. Co unci l Bill No. 7 -Recommendation from the Littleton/Englewood W as tewater Trea tm ent Pl ant Supervisory Committee to adopt a bill for an ordinance authorizi ng an Inter governm ental Agr eement with the Cherry Hills Sanitation Dis trict for the GIS Pilot Study project on sewer sy stem mapping. STAFF SOURCE: Stewart H. Fonda, Utilities Director. Pl ease no te : If you have a disability and need auxHiary aids or ~H, please notify the City of Englewood (303 -762 -2 405 ) at lea st 48 hours in advance of when servicH are needed. Thank ' • • Eng lewood City Council Agenda • February 1 7, 2004 Pag e 3 b . Approval of Ordinances on Second Reading. i. Council Bill No. 3, amending an Intergovernmental Agreement with Arapahoe County for the HOME Investment Partnerships Program. ii. Council Bill No. 4, amending two of the four Intergovernmental Agreements for the 2003 Arapahoe Cou , ty Community Development Block Grant Program. iii. Council Bill No. 5, approving an Intergovernmental Agreement with the City of Sheridan for shared costs related to landscaping along the median on South Santa Fe Drive. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, i\ contract for Access and Security System Improvements at the Plant. Staff recommends entering into a contract with Simplex-Grinnell in the amount of $240,330.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from Utilities Department to approve, by motion, the purchase of water meters and related equipment. Staff recommends awarding the contract to Mountain States Pipe & Supply, which is honoring 2000 prices for this bid, in the amount of $92,323.18. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 8 · Recommendation from the Utilities Department to adopt an emergency bill for an ordinance approving an Amendment to the Agreement Regarding Design and Construction of Drainage and Flood Control Improvements for Marcy Gulch at i'2Ble\_'V~ Ditch. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ~ b . Approval of Ordinances on Second Reading. i. Council Bill No. 2, an emergency bill for an ordinance extending the temporary moratorium on the establishment of auto-related uses in the B-2 Business Zone District for a period of six months . ~ Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303 -762-2 405) at least 48 hours in advance of when services are needed. Thank ou. ' -~ .. .. • • ~-·- Englewood City Council Agenda February 1 7, 2004 Page 4 C. Resolutions and°Motions. Recommendation from the Department of Finance and Administrative Services , to adopt a resolution approving a supplemental appropriation of $75,000 for the Safety ServlIJJ;J:;JJ/';t. STAFF SOURCE: Frank Gryglewic:z, Anance Director.(/ _. _ 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. ~?-o i. Council Bill No. ~ a Bill for an Ordinance repealing the Title 4, Chapter 6 of the Englewood Municipal Code pertaining to Admissions Tax. ~ 13 . City Manager's Report. Jr 14. City Atmp-s Report . Adjournment. 'fj':S{) r- The following minutes were transmitted to City Council between i-ary 30 and February 12, 2004: • Englewood Housing Authority meeting of December 3, 2003 • Englewood Liquor Licensing Telephone Pols of December 3, 2003, January 7 and January 21, 2004 • Englewood Water and Sewer Board meeting of December 9, 2003 • Englewood Planning and Zoning Commission meeting of January 6, 2004 • Englewood Cultural Aris Commission meeting of January 7, i004 • Englewood Public Library Board meeting of January I 3, 2004 • Englewood Code Enforcement Advisory Committee meeting of January 21 , 2004 Please note: If you have a disabtlity and need~ aids or services, please notify the City of ~uood (3 03-762 -2 405) al lea I 48 hours In advilOCe of when seMCes are needed. 1Nr1lt . ' •loo ol' .. ·: . I·. • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 2, 2004 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :30 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. PledgeofAlleglance The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call Present: Absent: A quorum was present. Also present : 5. Minutes Council Members Tomasso, Barrentine, Garrett, Bradshaw, Wolosyn Council Members Moore, Yurchick Assistant City Manager Flaherty City Attorney Brotzman City Clerk Ellis Director Olson, Safety Services Director Black, Parks and Recreation Director Fonda, Utilities Sc;nior Planner Graham, Community Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 20, 2004. Mayor Garrett asked if there were any additions or corrections. There were none. Vote results: Ayes : Nays : Absent : Motion carried. 6. Scheduled Villton There were no scheduled visitors . 7. Uasdltduled Viliton Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Tomasso None Council Members Moore , Yun:hick (a) Tom Burns. 3600 South Bannock Street. wd I wouldj111t lib to men1ioG that I took the tour aturlby, of the new Pu-ates Cove "'acer park. and I would lib to coqratulale Jerrell Bl-d and his .,-..• • • ' -- Englewood City Council February 2, 2004 Pagel 0 staff and CounciL I believe this is going to be an amazing facility , .. it is going to be spectacular. There are so many aspects to it and they have put a lot of planning, thought and consideration into it. I think it is goi ng to be a very special place, he said, and I just wanted to offer my congratulations. Thank you . Mayor Garrett thanked Mr . Burns. 8. Communications, Proclamations and Appointments Mayor Garrett said we have one addition to Agenda Item 8 and it will be item II. It is a resolution appointing Anthony Gallardo to the Englewood Urban Renewal Authority. (a) A letter from Dean Huffaker indicating his resignation from Keep Englewood Beautiful was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEFI', WITH REGRET, THE RESIGNATION OF DEAN HUFFAKER FROM KEEP ENGLEWOOD BEAUTIFUL Ayes : Nays : Absent: Motion carried. Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Tomasso None Council Members Moore, Yurchick COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH 8 (U)-RESOLUTION NO. 4 THROUGH 40, SERIES OF 2004 APPOINTING AND REAPPOINTING VARIOUS BOARD AND COMMISSION MEMBERS. (b) RESOLUTION NO. 4, SERIES OF 2004 A RESOLUTION REAPPOINTING DAVID ANDERSON TO THE ENGLEWOOD T RANSPORTATION ADVISORY COMMITl'EE FOR THE CITY OF ENGLEWOOD, COLORAOO. (c) RESOLUTION NO. 5, SERIES OF 2004 A RESOLUTION REAPPOINTING CAROLYN ARMSTRONG TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (d) RESOLUTION NO . 6, SERIES OF 2004 A RESOLUTION REAPPOINTING GARY BOWMAN TO THE NON-EMERGENCY RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (e) RESOLUTION NO. 7, SERIES OF 2004 A RESOLUTION APPOINTING THOMAS BURNS TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (f) RESOLUTION NO. 8, SERIES OF 2004 A RESOLUTION REAPPOINTING LORRAINE CAHD.l. TO THE PUBLIC LIBRARY BOARD FOR THE C ITY OF ENGLEWOOD. COLORADO. (g) RESOLUTION NO. 9, SERIES OF 2004 A RE OLUTION APPOINTING DOUGLAS COHN AS AN AL TERNA TE MEMBER TO THE BOARD OF ADJU TMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. ' • • - Englewood City Council February 2, 2004 Page3 (h) RESOLUTION NO . 10, SERIES OF 2004 0 A RESOLUTION REAPPOINTING LEROY DaVAULT TO THE NON-EMERGENCY RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (i) RESOLUTION NO . 11, SERIES OF 2004 A RESOLUTION REAPPOINTING KENT DIEKMEIER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. G> RESOLUTION NO . 12, SERIES OF 2004 A RESOLUTION REAPPOINTING JACQUELINE EDWARDS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (k) RESOLUTION NO . 13, SERIES OF 2004 A RESOLUTION APPOINTING DARYL ESTES TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (I) RESOLUTION NO. 14. SERIES OF 2004 A RESOLUTION APPOINTING DARYL ESTES TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (m) RESOLUTION NO. 15, SERIES OF 2004 A RESOLUTION REAPPOINTING SAMARA FERBER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (n) RESOLUTION NO. 16, SERIES OF 2004 A RESOLUTION APPOINTING DOOLEY GEHR AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD. COLORADO. (o) RESOLUTION NO. 17, SERIES OF 2004 A RESOLUTION APPOINTING DOOLEY GEHR TO THE KEEP ENGLEWOOD BEAUTIFUL COMMJSSION FOR THE CITY OF ENGLEWOOD, COLORADO. (p) RESOLUTION NO . 18, SERIES OF2004 A RESOLUTION REAPPOINTING BETTY GOOSMAN TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (q) RESOLUTION NO. 19, SERIES OF 2004 A RES OLUTION APPOINTING JULIE GRAZUUS TO THE PUBLIC LIBRARY BOARD FOR THE C ITY OF ENGLEWOOD, COLORADO. (r) RESOLUTION NO . 20, SERIES OF 2004 A RE SOLUTION APPOINTING DEBORAH HOW ARD TO THE CULTURAL ARTS COMMISSION FOR T HE C ITY O F ENGLEWOOD. COLORADO. t • • • Englewood City Council February 2, 2004 Page4 (s) RESOLUTION NO. 21, SERIES OF 2004 A RESOLUTION APPOINTING STEPHEN E . HUNT, JR . TO THE FIREFIGHTERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (t) RESOLUTION NO. 22, SERIES OF 2004 A RESOLUTION APPOINTING STEPHEN E. HUNT, JR. AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (u) RESOLUTION NO. 23, SERIES OF 2004 A RESOLUTION APPOINTING DARYL KINTON AS AN ALTERNATE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (v) RESOLUTION NO. 24, SERIES OF 2004 A RESOLUTION REAPPOINTING DARYL KINTON TO KEEP ENGLEWOOD BEAUTIFUL COMMJSSION FOR THE CITY OF ENGLEWOOD, COLORADO. (w) RESOLUTION NO. 25, SERIES OF 2004 A RESOLUTION REAPPOINTING DEYO McCULLOUGH TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD, COLORADO. (x) RESOLUTION NO. 26, SERIES OF 2004 A RESOLUTION APPOINTING REGI MACLAREN TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (y) RESOLUTION NO. 27, SERIES OF 2004 A RESOLUTION APPOINTING STEFANIE MOSTELLER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (z) RESOLUTION NO. 28, SERIES OF 2004 A RESOLUTION REAPPOINTING PATRICIA MUELLER TO THE PLANNING AN ZONING C OMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (aa) RESOLUTION NO. 29 , SERIES OF 2004 A RESOLUTION APPOINTING ANN NAB HOLZ TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD. COLORADO. (bb) RESOLUTION NO. 30. SERIES OF 2004 RESOLUTION APPOINTING ANN NABHOLZ TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE C ITY OF ENGLEWOOD, COLORADO. (cc) RESOLtrrlON NO. 3 1. SERIES OF2004 RE OUTfJON REAPPOINTING LINDA OLSON TO KEEP ENOLEWOOD BEAUTIFUL O MMI I F R THE ITY OF ENG LEWOOD. COLORADO. t • • Englewood City Council February 2, 2004 Pages (dd) RESOLUTION NO . 32, SERIES OF 2004 A RESOLUTION REAPPOINTING CHRISTOPHER RANSICK TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (ee) RESOLUTION NO. 33, SERIES OF 2004 A RESOLUTION APPOINTING LAURA ROGERS AS AN ALTERNATE MEMBER TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (ft) RESOLUTION NO . 34 , SERIES OF 2004 A RESOLUTION APPOINTING GWENDOLYN J . SHOTWELL TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO . (gg) RESOLUTION NO. 35, SERIES OF 2004 A RESOLUTION REAPPOINTING JOHN W. SMITH ill TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. (hh) RESOLUTION NO . 36, SERIES OF 2004 A RESOLUTION APPOINTING LEE TRUONG TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (ii) RESOLUTION NO. 37, SERIES OF 2004 A RESOLUTION REAPPOINTING BERVE'ITE Wll.J.IAMS TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (ij) RESOLUTION NO . 38, SERIES OF 2004 A RESOLUTION REAPPOINTING JIM WOODWARD TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (kk) RESOLUTION NO . 39, SERIES OF 2004 A RESOLUTION APPOINTING JIM WOODWARD TO THE KEEP ENGLEWOOD BEAt.rrIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (II) RESOLUTION NO . 40, SERIES OF 2004 A RESOLUTION APPOINTING ANTHONY GALLARDO TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY . Vote results: Motion carried . Ayes : Nays : Absent : Council Membcn Barrenline, Bndllbaw, Gamu. Wololyn. Tomuao None Council Members Moore , Yurduck Mayor Garrell said I have asked Mayor Pro Tem Wololyn IO lead die preaen&llion. Ccnilicatcs and C11y p,ns were presented to all die appoinlees 1n llteadance . t . ... .. • • • "' • Englewood City Council February 2, 2004 Page6 Mayor Garrett said l would like to thank everyone who is willing to take the time to serve on a board or commission. We rely a lot on our boards and commissions in this City, which is great. There are a lot of the issues that come to Council, which we delegate to the citizen groups to give us input and help us determine our direction. So l would like to thank everyone who is willing to give of their time and make the commitment. Council Member Barrentine said I think you all deserve a round of applause . I appreciate your community involvement. There was applause . 9 . Public Hearing No public hearing was scheduled before Council . JO . Consent Agenda Mayor Garrett said I would like to point out that we received a revised agreement for Agenda Item 10 (c) (ii). COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (Ii) and (Iii) AND 10 (c) (I) and (Ii)· [10 (c) (U) BEING THE NEW VERSION OF THE CONTRACT]. (a) Approval of Ordinances on First Reading (i) COUNCil. BD..L NO. 3, INTRODUCED BY COUNCil. MEMBER BRADSHAW A Bll..L FOR AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT NUMBER ONE TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. (ii) COUNCil. BD..L NO. 4, INTRODUCED BY COUNCil. MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO AMENDMENTS TO THE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. (iii) COUNCil. Bll..L NO . 5, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE WATERING OF LANDSCAPING ALONG THE SANT A FE CORRIDOR BETWEEN THE CITY OF SHERIDAN . COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resoluuons and Motions (i) PURCHASE OF A VOLVO L-50D FRONT LOADER FROM POWER EQUIPMENT COMPANY IN THE AMOUNT OF $75 ,986,000.00 . .. ' , • • Englewood City Council February 2, 2004 Page7 (ii) AGREEMENT wrrH THE MUSEUM OF OUTDOOR ARTS FOR PLACEMENT OF A SCULPTURE IN THE ROUNDABOUT ON ENGLEWOOD PARKWAY. Vote results: Ayes: Nays : Absent: ,Motion carried. 11. Regular Agenda Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Tomasso None Council Members Moore, Yurchick (a) Approval of Ordinances on First Reading (i) Senior Planner Graham presented a recommendation from the Community Development Department to adopt an emergency bill for an ordinance extending the temporary moratorium on the establishment of auto-related uses in the B-2 Business Zone District. He said the request would give us time to continue working with the auto-use committee, once we have a proposed ordinance and some design standards for them to comment on. We expect to have those within the next month or so and would meet with them in March. In addition to that, we would have a copy of the revised South Broadway Plan for them to review and comment on. So, this would continue the moratorium until August IS111• By our calculations, even with making some revisions, we would have enough time to be back in front of Council by June or July and have a new ordinance in place by the time the moratorium expires. Mayor Garren asked if there were questions for Mr. Graham. Council Member Wolosyn said I would like to reiterate that I hope that that committee is notified. of first reading, tomorrow. Mayor Garrett said this is first reading. We will have another reading and, hopefully, in that interim they will be notified. Mr . Graham said we will contact them in advance of the 11•. Mayor Garrett asked if there were any other questions for Mr . Graham. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 2. COUNCIL BILL NO. 2. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN EMERGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF AUTO USES IN THE 8-2 BUSINESS ZONE DISTRICT, FOR A PERIOD OF SIX MONTHS. Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Nays : Absent: Motton carried . Council Members Bradshaw, Garrett, Wolosyn. Tomasso Council Member 81ffl'111ine Council Members Moore. Yurchick (b) Approval of Ordinances on Sel:ond Rudina There were no items submitted for approval on second readina . ' .·.., • • Englewood City Council February 2, 2004 Page8 (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 10 • Consent Agenda .) 12 . General Discussion (a) Mayor's Choice · Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Tomasso: I. He said Bev sent me an e-mail on the Second Annual "Building Livable Communities in Colorado: Connecting Community Design and Active Living" conference at the Stapleton Doublctrce Hotel and suggested that l should attend it. Council Member Bradshaw said it is excellent. Mr. Tomasso said l would like to attend. The registration fee is $50.00. l was wondering if the Council would be willing to approve my registration fee . Council Member Wolosyn said l was planning on going too, but I thought I would just use my P-card. Can we use our card on something like this? Ms. Bradshaw said yes. Council Member Tomasso said I will use the P-card. Mayor Garrett said so you want to go as well? Ms. Wolosyn said I am going IO look at my schedule. think if you sign up before February 20• it is $50.00. MAYOR GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER TOMASSO'S A TI'ENDANCE AT THE SECOND ANNUAL "BUILDING LIVABLE COMMUNITIES IN COLORADO: CONNECTING COMMUNITY DESIGN AND ACTIVE LIVING" CONFERENCE AND APPROVE THE REGISTRATION FEE OF $50.00. Ayes: Council Members Barrentine, Bradshaw, Garrett, Wolosyn Nays : None Abstain : Council Member Tomasso Absent: Council Members Moore, Yurchick Motion carried. 2 . He said there was a letter addressed to City Council from Clear Creek County about Homeland Security . Arc we going to do anything with it? Arc we going to respond? Everything they mentioned in the letter took place before l was on Council, so I don't know what the Council's stand was prior to that ,point. Counci l Member Bradshaw said Chris Olson, on our staff, is very active in that group and he is one of the key players. Dircc1o r Olson said I am not sure what is in the letter, so if you want IO just get that IO me, I will look at it and sec, but we arc pretty well advanced in our process and Mr. Aahcrty has been involved in this as well . Council Member Tomasso said the letter was from a Clear Creek County Commissioner and it swcd that they dido 't have any input and there was no director in this program. Mr . Olson said if you can get that letter to me we will prepare a response. 3. He asked if staff wo uld be attending the Main Street 101 Program that CML is putting on in Arvada . It is a three-day conference. t 1 • • Englewood City Council February 2, 2004 Page9 ·(J Assistant City Manager Flaherty said I am not aware if anyone is attending, but I will ask at the staff meeting tomorrow . Mr . Tomasso said okay . (ii) Council Member Wolosyn said I have one small item and it is, possibly, a le.nit- picking thing, but we had a lot of paper in our packet that was basically a repeat of the same letter, with a different commission members name on it and then we had the same thing in our regular meeting packet with the same resolution repeated. I know it is small, but it ends up being about a ream of paper and I would be happy with just a list of the new appointees, their commission and their term, and then a copy of a letter. But, if, in the case of two of the letters, they were different letters, I would like to see that Also, the same thing with the resolution . I just need one copy of the resolution and the list. The amount of paper we recycle each week is bad enough, she said. (iii) Council Member Barrentine : 1. She said once again I would like to thank our Police Department. I stalled out in the middle of an intersection and just barely got through. He was kind enough to push me out of the way . I really appreciate them being so kind and doing that. That was very nice, she said. 2. She said regarding Code Enforcement, there was a concern, an issue that had been brought up last week about some problems with parking on Nassau Way. I have already received some comments from people stating that they believe it is being addressed, at least they believe it is getting better, so I appreciate that That was very quick. • •••• Mayor Garrett said on our agenda we have a resolution s11pporting the reauthorization of the Scientific and Cultural Facilities District, urging the legislators to put it back on the ballot [Clerk's note: This was listed on the Agenda as Item 12 (b) (i).J MAYOR GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE A RESOLUTION SUPPORTING THE REAUTHORIZATION OF THE SCIENTIFIC AND CULTURAL FACILITIES DISTRICT. RESOLUTION NO . 41 , SERIES OF 2004 A RESOLUTION SUPPORTING THE REAUTHORIZATION OF THE SCIENTIFIC AND CULTURAL FACILITIES DISTRICT, URGING LEGISLATIVE AND VOTER SUPPORT FOR RENEW AL OF THE DISTRICT AND THE CONTINUED BENEFITS THE SCIENTIFIC AND CULTURAL FACILJ:l'IES DISTRICT . Mayor Garrett asked if there were any comments. There were none . Vote results: Ayes : Nays : Absent: Moti on carried . 13. City Manager's Report Council Members Barrentine, Bradshaw, Garrett, Wolosyn, Tomasso None Council Members Moore, Yurchick Ass istant Ci ty Manager Flaherty did not have any matters to bring before Council . 14 . City Attorney 's Rq,ort ' .. , • • Englewood City Council February 2, 2004 PagelO City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment -... Metropolitan Mayors and Commissioners Youth Awards Englewood Recognition February 17, 2004 DOUGLAS: $ 2004 Metropolitan Mayors and Commissioners Youth Awards - recognizing young people who have overcome difficult situations in their lives and risen to the challenges of adversity $ Thanks for coming to help us celebrate these inspirational young people. $ 19 nominees from schools in Englewood being honored tonight $ School Board sends Its regrets -Board Members unable to attend due to a meeting conflict . $ Each nominee will receive a certificate and a backpack gift bag as a token of our admiration. $ Introduce Bev, who will help with the awards -Bev serves on the Board for the Metropolitan Mayors and Comml881oner& Youth Awards . $ Invite other Council Members to form a receiving line in front of the dais. $ After the recognition, we wlll break for a brief reception In the Community Room to visit with our nominees. BEV: $ We are honoring these nominees not because of the hardships they have faced , but because they have persevered and have taken control of their lives . They have made a difference in their own lives and the lives of those around them . Their strength and determination are an Inspiration. ' .. . ... • • 0 0 . $ Special thanks to the nominators for recognizing the accomplishments of these young people and for helping us honor them. $ Nominees: 1. Michael Anaya Jr., [uh-NYE-uh] a Senior at Colorado's Finest Alternative High School. Michael's nominator describes him as "bright, motivated, and always there to lend a helplng hand." Mlchael's reslllence Is remarkable. 2. Elizabeth Bridge, an 9th Grader at Slnclalr Middle School. Elizabeth's teachers describe her as a "ray of sunshine" who always sees the bright side of every situation. 3. Joseph Gallegos, [Guy-AV-Gos] a Junior at Colorado's Finest Alternative High School . According to his nominator, Joseph exempllfles hard work, commitment, dedication, and tenacity. 4. Brianna Hand, [brie-ON-na] a Junior at Colorado's Finest Alternative High School. Brianna 's nominator describes her as positive and optimistic -her tenacity and commitment deserve recognition. 5. Caroline Jepsen [Carol-line], a Senior at Humanex Academy. According to her nominator, Caroline has made significant gains In her life -she has become a leader at the school and has strong goals for her future. 6. Rachel Lawson, a Senior at Humanex Academy. Rachel's nominator says she pushes herself to do well and has strong ambitions as she gets ready to graduate In May . 7. Michelle Lee, an 9th Grader at Flood Mlddle School. Her nominator describes Michelle as a role model, INder, and an Inspiration. 2 . t .... ~ .. . -~ . • • -- 8. Crista Lall, a Senior at Colorado's Finest Alternative High School. Her nominator says Crista maintains a positive outlook on life, and has strong goals and aspirations for the future. 9. Giovanni Lopez, a Senior at Colorado's Finest Alternative High School. Giovanni's nominator describes him as a hard worker and good role model who Is sensitive, dedicated, and committed. 10. Derek Manfull, a Senior at Humanex Academy. Derek's nominator says Derek Is goal-oriented and uses his own experiences to help other students make better choices. 11 . Tim Moen [MOE-enn], a Senior at Humanex Academy. Tim's nominator says he has a great attitude about life, and Is looking toward a bright future. 12. Corle Moyer, a Senior at Englewood High School. Her nominator says Corle promotes a positive attitude whenever and wherever she can, sharing her experiences to help others. 13. Justin Neumann, a Junior at Humanex Academy. Justin's nominator says he has become an energetic, goal-oriented student with a great attitude about life. 14 . Angel Palumbo, a Junior at Colorado's Finest Alternative High School. Angel is a role model who Is always ready to help those who need her. 15. Rhlana Tartagllo [ree-ANNA tar-TAG-leo], a Senior at Colorado's Finest Alternative High School. Rhiana is described as a caring role-model. Her fellow students appreciate her experience, acceptance, and non-Judgmental attitude. ' . .. .. • • --.,. 0 16. Kristin Terrill, a Senior at Colorado's Finest Alternative High School. Her nominator notes that Kristin's reslllence and experience help her offer advice and support to her peers In their own struggles. 17. Shannon Umberger, a Senior at Colorado's Finest Alternative High School. Shannon is described as the epitome of courage, reslllence and determination. 18. Ashley Vaughn, a Senior at Colorado's Finest Alternative High School. Ashley is described as a care-giver among her peers. She uses her experiences to help others, and has positive goals for the future. 19. Sarah Young, a Junior at Colorado's Finest Alternative High School. Sarah's experiences have helped her face life with determination and vigor. $ We are proud to have young people like you aa members of our community. $ Thank the famllles, friends, teachers, and counNlors who are here tonight to help us honor our nominees and who support these very special young people on a daily basis . $ Let's give them all a big round of applauae. $ Please join us next door in the Community Room for cake and a brief reception to vlalt with our nomlneea. 4 ' ... .. • • PLEASE PRINT NAME PUBLIC COMMENT ROSTER DATE: February 17, 2004 ADDRESS 'J11 ~ S . <}hc.Aw 1 2 '7 'l '1" ..f ,g ," • .1--y 2 ~= S le\.~,, <"'1, ( .. 6P ') . -- ~ IITo't, .-,, .. t .. • • COUNCIL COMMUNICATION Date Agenda Item February 1 7, 2004 10 a i INITIATED BY STAFF SOURCE Subject 0 0 Cherry Hills Sanitation District Geographic Information System (GIS) Pilot Study Littleton/Englewood WWfP Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No prior action by Council. RECOMMENDED ACTION We recommend Council approve by Ordinance an Intergovernmental Agreement with the Cherry Hills Sanitation District for the GIS Pilot Study project on sewer system mapping. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As part of a service area wide assessment of Infiltration/Inflow into the sewer collection system by Camp Dresser and McKee (COM) in 2002 it was determined that a comprehensive sewer system map would have major benefits. Currently the various portions of the sewer collection system are owned, operated and maintained by the City of Englewood, the City of Littleton, and 18 Sanitation Districts. CDM was contracted to conduct a Geographic Information System or GIS Needs Assessment in 2003 . CDM has recently completed a final report on the Geographic Information System Needs Assessment Numerous interviews and surveys were conducted last year to collect relevant information about the implementation of a GIS for the sewer collection system . An identified list of objectives for implementing a service area GIS of the sewer collection system formed the basis for GIS interviews and surveys : •:• Collection system identification and connectivity •:•. Emergency response and reporting including S,'!wer System Overflows (SSOs) •:• Pretreatment Division technical support •:• Capacity, Management. Operations and Maintenance (CMOM) Federal Regulations •:• Government Accounting Standards Board -Statement 34 (GASB 34) Reporting Based on thes e broad objectives, detailed technical information was obtained from the City of Englewood and Li ttl eton, the counties (Arapahoe, Jefferson , and Douglas), DRCOG, and several of the Sewer Service Connector Districts (Districts). Surveys were sent out to the remaining District's to ensure that an opportunitv to participate ar.d respond was provi ded for . The final report presented the findings from the surve ys and planni ng level cos t estimates to implement a web-based GIS system for the sanitary sewer system . ' ·~ .. . ··' • • -- In general a high level of interest from the two cities and the Districts was generated to implement a GIS system for the wastewater collection system. Several items remain to be decided concerning this program including funding, technical issues and scope, and intergovernmental cooperation and support. In order to better demonstrate the benefits of such a system and to begin to sort through the many GIS technical issues it was recommended by COM to have an Internet web-based 6 month pilot study conducted for a small area within the service area. Based on a review of available information, COM determined that the Cherry Hills Sanitation District's sewer collection map would best demonstrate a web- based GIS sewer mapping system . It so happens that Cherry Hills Sanitation District's collection system mapping is already in a GIS based system . The Cherry Hills Sanitation District has prepared an Intergovernmental Agreement for the use of their sewer mapping data. It is anticipated that there will be very little impact on the District's staff during the pilot study period as the pilot study will rely on a digital copy of the District's mapping and will not require any updating during the pilot study. FINANCIAL IMPACT The cost of the project is split 50/50 with the City of Littleton as a capital expense. LIST OF ATTACHMENTS Cherry Hills Sanitation District Pilot Project IGA Proposal t • • LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S. Platte River Oriw Englewcod, Colorado 90110 (303) 762·2600 FAX 782-2620 October 16 , 2003 Mr. Brett Whittenberg Community Development Coordinator THE CITY OF CHERRY HILLS 2450 East Quincy Ave Cherry Hills Village, CO 80 l l 0 Cityof Littfeton Re: Proposed Geographic Information System (GIS) Sewer System Pilot Srudy Dear Mr. Whittenberg, We have been working on a Needs Assessment for a service area GIS for the sewer collection system. A part of the Needs Assessment is to create a pilot project to demonstrate to all connectors the benefits and information that may be available through a GIS map of the entire collection system. The pilot program is anticipated to be hosted at a website for a period of six months and would only be accessible to the Littleton/Englewood Wastewater Treatment Plant and the Districts in the plant's sanitary sewer service area. Our consultant, Camp Dresser and McKee, bas identified your GIS system as being the most complete and compatible to fully demonstrate a GlS sewer collection system map at this time. The primary purpose of the pilot srudy is to demonstrate the information that may be available on a web-based system, as well the functionality and querying capabilities. At the end of the pilot program, the Nee ds Assessment would be complete and the Cities of Littleton and Englewood can then make a rnore informed dec isi on on whether and how to proceed with a full scale G!S system that meets the needs of all the connector districts. \Ve loo k forward to your active pamcipation in this p roject. We seek your permission to allow the use o r· your ;ewer ;ystem GIS data fo r the ;)!lot srudy period 0f :;ix months . [f you have questions I can be reached :u .:0:--6:-:o:-. ' • • / ,/' I Very truly yours, f '--;?~/ ,/,/. , , /7 d ·:t.£ 7-'d:.. /;:~ / Mark Van Nostrand Senior Project Engineer cc: Stu Fonda, City of Englewood Charlie Blosten, City of Littleton Dennis Stowe, UE WWTP MVN/plp ORDINANCE NO . SERIES OF 2004 BY AUTHORITY ... 0 MD.7 ODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUllfORIZING AN INTEROOVERNMBNTAL AGREEMENT 1 PERTAINING TO THE GIS PILOT STUDY PROJECT ON SEWER SYSTEM MAPPING BETWEEN CHERRY HILLS SANITATION DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, in 2002 a service area wide assessment determined that a comprehensive sewer system map would have major benefits; and WHEREAS, the various ponions of the sewer collection system are owned, operated and maintained by the City of Englewood, the City of Littleton and 18 Sanitation Districts; and WHEREAS, COM was contracted to conduct a Geographic Information System (GIS) Needs Assessment in 2003 ; and WHEREAS, an identified list of objectives for implementing a service area GIS of the sewer collection system formed the basis for GIS interviews and surveys; and WHEREAS, based on these broad objectives, detailed technical information was obtained from the City of Englewood, Littleton, the counties (Arapahoe, Jefferson and Douglas), DRCOG, and several of the Sewer Service Connector Districts; and WHEREAS, the final repon presented the findings from the surveys and planning level cost estimates to implement a web-based GIS system for the sanitary sewer system; and WHEREAS, a high level of interest from Englewood, Littleton and the Districts was generated to implement a GIS system for the wastewater collection system; and WHEREAS, COM determined that the Cbeny Hills Sanitation District's sewer collection map would best demonstrate a web-based GIS sewer mapping system; and WHEREAS, the Cherry Hills Sanitation District's collection system mapping is already in a GIS based system and bas prepared an Intergovernmental Agreement for the use of their sewer mapping data; and WHEREAS, the passage of this Ordinance authorizes entering into an intergovernmental agreement with Cherry Hills Sanitatioo Disttict for the GIS Pilot Study project on sewer system mapping; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- ' • • Section I . The Intergovernmental Agreement pertaining to the GIS pilot study project on sewer system mapping between Cheny Hills Sanitation District and the City of Englewood, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Cleric 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 OD the 17th day of February, 2004 . 20'b day of February, 2004. Published as a Bill for an Ordinance on the 2o•b day of February, 2004. Douglas Garrett, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Cleric of the City of Englewood, ·Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinaac:e, introduced, read in full, and passed OD first reading on the 17th day ofFebnmy, 2004. Loucrishia A. Ellis -2- LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2IIOO s. --em.. Englawoocl, Colorado 80110 (303) 792.2900 FAX 792.2920 February 5, 2004 Mr. William J. Matsch President City of Cherry Hills Village Sanitation District 2450 E. Quincy Ave. Cherry Hills Village, CO 80110 Dear Mr. Matsch: ·• • • 0 Camp Dresser and Mckee, our consultant for GIS sewer collection system mapping, has identified the Cherry Hills Village GIS system as being the most complete and compatible among our sanitation districts to assist us in a pilot study . This purpose of the pilot study is to demonstrate the information that may be available on a web-based system, as well as the functionality and querying capabilities. On October 16, 2003, I sent you a letter regarding the use of the Cherry Hills GIS for the sewer collection system pilot study . The District Directors reviewed the letter and made response in a letter dated October 29, 2003, with your signature. That letter indicated the Directors' consent to the use of this information on the following terms and conditions: 1. The District will furnish the Littleton/Englewood Wastewater Treatment Plant (UE WWTP) with a diskette containing all of its information or, alternatively, will run copies of selected portions thereof on its system as UE WWTP may request. 2. Such information may be copied only for educational purposes and, if so and distributed to others , shall bear a copyright mark as follows : "Cl City of Cherry Hills Village Sanitation District, 2003 ." 3. The District is willing to provide reasonable support, but if, in its discretion. it determines that the LIE WWTP is making demands on the District's time greater than those anticipated, it reserves the right to bill LIE WWTP for the actual cost of provided services. The signature below by City of Englewood Mayor, [)Q,·Jglas Garrett, indicates the LIE wwrP agreement to the above tenns and constitutes an lntc!iovemmental Agreement between the City of Englewood Md the Cherry Hills Village Sanitation District. lfthe foreaoina is acceptable, please sign all three (3) originals at the place provided for below and return two (2) oriaiJws to: • X ... I • I T A ' .•' • • Marie Van Nostrand 2900 S. Platte River Or. Englewood. CO 80110 Thereafter, you agree to provide the GIS data and proceed according to the provisions of this agreement ~erely, -. / YL ~ /} ~d ~~ 1Q:YV'--4"' Marie Van Nostrand Senior Project Engineer APPROVED: CITY OF ENGLEWOOD By Mayor, Douglas Garrett ATTEST: Loucrishia A. Ellis, City Clerk MVN:cg APPROVED: CITY OF CHERRY lilLLS VILLAGE SANITATION DISTRlCT By ATTEST: t • • BY AUTHORITY COUNCIL BILL NO. 3 INTRODUC~UOUNCIL MEMBER IJl.f I AN ORDINANCE APPROVING A.ND1'tFFHORiEltCG .itME.-DM!NT NUMBER ONE TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the United States Government, through the National Affordable Housing Act of 1990, has established the Home Investment Partnerships Program and has allowed each state to elect to administer such federal funds, subject to certain conditions, for decent, safe, sanitary and affordable housing; and WHEREAS, Arapahoe County has elected to administer such federal funds; and WHEREAS, the Englewood City Council passed Ordinance No. 62, Series of 2003 authorizing the execution of an intergovernmental agreement for the Federal Home Investment Partnerships Program with Arapahoe County for S 100,000 to support the Housing Rehabilitation Loan program; and WHEREAS, the City of Englewood has been awarded an additional grant of SS0,000 increasing the total grant to SI 50,000 to provide funding for its low and moderate income homeowners for rehabilitation of at least 13 single-family, owner-occupied homes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 1 ENGLEWOOD, COLORADO, AS FOLLOWS: Section ) . The Amendment Number One to the Home Investment Partnerships Program, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council . ~ 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Published as a Bill for an Ordinance on the 6th day of February, 2004. Read by title and passed on final reading on the 17th day of February, 2004. -1- 't .... . .. • • Published by title as Ordinance No . _, Series of 2004 , on the 20th day of February , 2004. Douglas Garrett, Mayor ATTEST : Loucrisbia 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 2004 . Loucrishia A . Ellis -2- • • AME'.'IDME'.'IT '.'ll~IBER Ol'llc TO THE HOME INVESDIE'.'iT PARTNERSHIPS .\CT .\GREE~lE'.'IT SVBGRANTEE: CITY OF E.'\/GLEWOOO PROJECT : 2002 HOCSING RE."iABILlTATION This .l.mcndment is made by and between the Ciiy of Engh:wood \SubGr:1111ee1 and the Board of Clluncy Cllnunissioners of Arapahoe Cllunty. Clllor:ido I Cooney J. WHEREAS. the SubGr:i.nce:: ;1.greed to complete the project known JS Housing Rehabilicuion. and entered inco .1 HOME lnvesun:nt P:umerships Act Agreement (Agreement) with Couniy. dated October:. 2003: ;ind WHEREAS. the Cllunty .ind SubGr:intec= would like to modify the project :;oals .ind budget in order to retlect .in incre:is.:d funding :unount :ivailable to the project: .ll1d WHEREAS. the SubGr:i.nte:: has requested a waiv,er to the ma.'timum HO!\IIE investment per house ,pecitied in the Cllunt~'; lead based paint poi icy for !10using rehabiliwion proJ~;:s . :-iOW . THEREFORE. for the mu1ual ~onsider:uion ,Ji the ;,anies. '.he re\:;!ip1 .ind ;urfo:ien..::: .Jr ·.,hii.:h .u-e herd:-~ ackno...,led~-!d. the County .ind SubGrame:: .igre:: to increase the :otal proje.:1 runding .imount to ::il:il.tlCMJ.tlO. The Ciunty ma SubGrante:: turther .1gre:: tha1 the ?roJei.:t ~uamiriabie ;oals ;hail be .is :·ollow~: The SuoGr.mce:: ·.liill prov ide be!ow market intere~t r:ue !o ans ,o :him:::n . l.:l ini.:om,: digibk Eng!e·.,·ocJ home o"ne:; :'o r the ?UfPOSc llt home: impro,ements. Spec:tii.: ~enab1iita11,m ..i:a-. iues :-"unu~J by the: progr..:m ma~ incluJe bu1 .ire nm :iec::ssaril y limi1ed to,: plumbing. ::lc:\::ni.:al. :-.11T1ps .inJ 01her .1..:~essibiiity modiril:a1ions. roofs . structur:ii .vork. ..nd 01her :ictivities rela1ed to hc:allh. .;arety ,ir ;oJ.: ~o mpliani.:.:. .l.11 improvemc::us funded under this p-:int .ire to be performed in .:omplianc! with .ipplii.:able loi.:al ,>r 1nd~iry ~odes .ind stanJ.&rds. The C.i um : .. md SuoGr.ime:: .1lso .igre:: ,ha1 :he: :Olll .11T1011n1 .if ciO:I.IE :uniis us.:u tu JSs1st .1 single ilome ~r thi; proje.:t =~ 'lot ~.'tc::::d 5:4.909. This .1moun1 ·ni.:!~ .my HO:I.IE furuiing used for project b-.is.:J .iurrunistr.1ti,e expen s<!s. The C J um : . .llld SubGr:mie:: funher .1gre:: :hat the proj~;r bwlg~t .i=~ :o the: 0rigmal .l.1-=mc:n1 :s ~onsiuerd null ~nd 01d . .ind the budge! .11tai.:hed !1er::!ll 1s no" :n dfect under :he: terms J i :he: .l.;.'Tt'emc:nt . .I.II ,iiher :erms . .:o ndi1 io ns .ind ,c:1::ions .i i the vriginal .l.;;re,:ment .lllJ :he: Cv unt ~ ·, poli.:1es ,elateJ to 1.:-.iJ based p:.i im ~1t i;:-.1ti 0n not .n.:onsisteni ·.,ith thi s .\mc:nJment .ire reartirrncd .lllJ in.:0rpcr.11eJ hc:rei n by this re:i:ren.:~. In Wime s; Whc:r.:0 r. the P:ime~ ha,c: .:::usd this .l.menJme nt :o ~ Jui~ ;.,.:.:u1eJ this ----J:i~ ..,f ---------------· :t~~- • X "4 I • I T A • ' .. • • Subgr:mtee: City of Englewood Signature:. ________________ _ Gary Sears Titlc: _____ ..;C;.;;i;.;;t._7...;:;.;:wia=:;:;gi.;e;.;r:..... ________ _ Board of County Commissioners Ar.ipahoc County, Colorado t .. • • .. PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ,..._ Mllolllol i.......T..ic .. e1 CDIGF ... Odla' , ... c.-. • t (....,,,..,, ... ,_, -~ I -----S,0.000 S15.000 $35,000 13-liWIOII IOIN 5210.000 Sll!.000 S7!.000 : l ' TOTAL: $260.000 51!0.000 51 10.000 •• • • 0 ORDINANCB NO._ SERIES OF 2004 BY AU'fHqIµTY COUNCIL BILL NO . 4 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO AMENDMENTS TO THE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the City's participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No . 2, for funding years 2001 through 2003; and WHEREAS, the Englewood City Co~crl passed Ordinance No. 30, Series of 2003 authorizing the execution of four intergovernmental subgrantee agreements with Arapahoe County for 2003 CDBG funding; and WHEREAS, the passage of this Ordinance authorizes amendments to two of the four Intergovernmental Agreements for 2003 Arapahoe County Community Development Black Grant Program between the Arapahoe Board of County Co~issioners and the City of Englew<><>4; and WHEREAS, one amendment modifie~ the Homeowner Fix-Up Project ENRB 308 in that it: (I) shifts funds in the budget frtm\ administrative to grant expenses resulting in increasing the numbet of projects from 9 to 10 homes; and (2) modifies the budget and performance standards to reflect this change; and WHEREAS, another amendment modifies the Housing Rehabilitation Project ENRB 308 by increasing the maximum funds spent per home from $20,000 to $24,999; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: , ,,,. : \ . ,• I ::\ · Sec tion 1. The "Amendment' Niimber Orie To The Community Development Black Grant Agreement " for Project Hou si ng Rehabilitation Number ENRB 307 for th e 2003 Arapahoe County Community Development Block Grant, attached hereto as Exhibit A, is hereby accepted 'and approved by the Englewood City Council. . ' ' . ' Section 2 . The "Amendment Number Oiiti To The Community Development Black Grant Agreement" for Project Homeowner Fix-Up Number ENRB 308 for the 2003 Arapahoe County Community Development Block Grant, attached hereto as Exhib it B, is hereby accepted and approved by the Englewood City Council . t I -1- ' . .. • • Section 3. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 2nd day of February, 2004. Published as a Bill for an Ordinance on the 6'~ day of February, 2004. Read by title and passed on final reading on the 17th day of February, 2004. Published by title as Ordinance No. __, Series of 2004, on the 20th day of February, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 2004. Loucrisbia A. Ellis -2- t .. , • • AMENDMENT NUMBER ONE TO THE COMMUNITYDEVELOPMENTBLOCKGRANTAGREEMENT SUBGRANTEE: CITY Of ENGLEWOOD PROJECT: HOUSING REHABn.rf A TION PROJECT NUMBER: ENRB 307 This Amendment is made by and between the City of Englewood (SubGrantce) and the Board of County Conunissioners of Arapahoe ColDlty, Colorado (ColDlty). WHEREAS, the SubGrantce agreed to complete the project known as Housing Rehabililalion, and entered into a Cormnunity Development Block Grant Agreement (Agreement) with County, dated May 14, 2003; and WHEREAS, the SubGrantee has requested a waiver to the maximum Community Development Block Grant (CDBG) investment per house specified in the COIUlty's lead based paint policy for housing rehabilitation projects. NOW, THEREFORE, for the mutual consideration of the parties, the receipt and sufficiency of which arc hereby acknowledged, the County and SubGrantee agree that the maximum CDBG investment per house renovated under this project may not exceed $24,999. This amount includes any CDBG funding used for project based administrative expenses. All other terms, conditions and sections of the original Agreement and the County's policies related to lead based paint mitigation not inconsistent with this Amendment are reaffinned and incorporated herein by this reference. 1n Wimess Whereof, the Parties have caused this Amendment to be duly executed this ----day of ____________ 2004. Subgrantec: City of Englewood Signature : ________________ _ Gary Sears Ti tlc : _____ c_i_ty'--:1_a_n"""'ag"'"e_r ________ _ Board of Co unty Conuni ssioncrs Ar:lpahoc County , Colorado ; H ~ I T A .. • t .. .. • • AMENDMENTNUMBERONETOTHE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT SUBGRANTEE: CITY OF ENGLEWOOD PROJECT: HOMEOWNER FIX-UP PROJECT NUMBER: ENRB 308 This Amendment is made by and between the City of Englewood (SubGrantee) and the Board of County Commissioners of Arapahoe County, Colorado (County). WHEREAS. the SubGrantee agreed to complete the project known as Homeowner Fix-up, and entered into a Conununity Development Block Grant Agreement (Agreement) with County, dated May 14, 2003; and WHEREAS. the SubGrantee has requested a modification of the project goals and budget in order to ref.ect changed project needs. NOW, THEREFORE, for the murual consideration of the parties, the receipt and sufficiency of which are hereby acknowledged, the County and SubGrantee agree that the project quantifiable goals and quarterly performance standards will be as follows: Quantifiable Goals: The SubGrantee will provide grants (not to eitceed S4,000 each) to renovate the exterior of ten owner occupied homes. All improvements are to be performed in compliance with applicable local or industry codes and standards. Quanerly Performance Standards: December 31, 2003 Provide four renovation grants March 31, 2004 May 31 , 2004 Provide three renovation grants Provide three renovation grants Complete all renovations funded by project Submit final drawdown and completion repon to County The County and SubGrantee funher agree that the project budget attached to the original Agreement is considered null and void, and the budget attac' ~d hereto is now in effect under the terms of the Agreement. A ll other terms. conditions and Sc ,ns of the original Agreement not inconsistent with thi s Amendment are reaffirmed and incorporated herein by this reference . In W itn ess Whereof. the Parties have caused this Amendment to be duly executed this ____ day of -------------· 2004. • X H I • I T a • • Subgrantec : City of Englewood Signature:. __________________ _ Gary Sears Title :. _____ ..;C:.:i:.:t:.Y_:;Man==aag::e=.r _________ _ Board of County Conunissioners Arapahoe County, Colorado • t PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Pnjecl~ ~T..iCoocet CDIGh .. Odlor , ... Conioalaed '"*'" bf a.. i-1 AcdYICy Adminulnliw-$12,000 SS.000 S7.000 Grant e,q,enses S4S.OOO 540.000 SS.000 TOTAL: SS7,000 S4S.000 $12.000 I ',.'I ~"·_'.;• : ': '·, • I .,} : ·~-.;·:".·' BY J\UTHOR)TY ~ •' I:,.. • .. ,, '· ·.· h' 1,1•. COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTE&OOVBRNMENTAL AGREEMENT FOR THE WATERING OF LANDSCAPING ALONG THE SANTA FE CORRIDOR BETWEEN THE CITY OF SHERIDAN, COLORADO AND THE CITY OF ENGLEWOOD,COLORADO. . WHEREAS, the Englewood City Council approved a contract for the installation of Lanqscaping on Santa Fe and West Hampden Avenue on October 7, 1996; and \ : .,;- WHEREAS, the Englewood City Council appr,oved a contract for the maintenance of the medians on July 20, 1998; an~·\ .. _-,.1 ;-, i :11 • -. • j " ~ • ·' , ••• -tli, ''·'. • WHEREAS, the Englewood (;:lty Co~cit approved an Intergovernmental Agreement for maintenance of landscap ing with the City of Sheridan with the passage of Ordinance No . SI, Series of 199 8: anq . , • .. WHEREAS , in March of 200~ the City"~"r Sheridan formally provided written notification to discontinue the orlginal S~t~ 'F'~ Landscape Maintenance Agreement; and WHEREAS, due to the entire. irrigation system being installed as a single unit, the City of Sheridan has agreed to pay fof'ihe cost issocia~ with water, electricity and system maintenance for the presently installed watering _system; and WHEREAS, the City of Sheridan has already formally approved the Intergovernmental Agreement for the sharin·g of costs associated with water, electricity and repairs of the Santa Fe Median w,dscape; : . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes the ''Intergovernmental Agreement For The w'ttering Of Landscaping Along Tlie Santa Fe Corridor" between the City of Slieridan, Colorado and the City of Englewood, a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest sa id intergovernmental Agreement on behalf of the City of Englewood. Introduced , read in full , and passed on first reading on the 2nd day of February, 2004 . Published as a Bill for an Ordinance on the 6th day of February, 2004 . Read by title and passed on final reading on the 17th day of February, 2004 . I• -1-' ,. ' ... .. • • Published by title as Ordinance No. __, Series of 2004, on the 20th day of February, 2004. Douglas Garrett, 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 2004. Loucrishia A. Ellis -2- 0 j 0 INTERGOVER.J.'lfMENT.U. AGREEMENT FOR THE WATERING OF L.\.'·lDSCAPING .U.ONG THE SAJ.'IT.\ FE CORRIDOR nns AGREEMENT, entered into this ~ day of July 2003 by and between the City of Englewood whose address is 1000 Englewood Parkway, Englewood. CO 80110 and the City of Sheridan, whose address is 4101 South Federal Blvd., Sheridan, CO 80110. WHEREAS, this is a cost sharing agreement for the watering of landscaping :tlong the South Santa Fe Corridor; and WHEREAS, the project limits along South Santa Fe are from Englewood's north City limit line at Yale Avenue and ,outh to the Big Dry Creek lt Layton Avenue; and WHEREAS, Sheridan and Englewood agree to share costs of water, elec:ricity and iystem maintc:nance for the presently installed landscape watering system. The City of Englewood will operate the system and bill the City of Sheridan for the xtual costs inC".med for watering the landscaping within the City of Sheridan; TER.\'lS OF THE INTERGO\'E..~'iMDff.\I. .\GREE;'.V!EYf NOW THEREFORE, IT :S .\GREED ,y :md oerween :he City of Sheridan md the City of Englewood that: l. The City ofEngiewood 1grees :o provide ,he following services: A. Operation 311d maintenance of :he installed Santa Fe Corridor landscape watering System utilizing Englewood water. The City of~nglewood agrees to abide by 311y Denver W :iter 3oard drought watering restrictions even though Denver water is not being utilized, :ind .nake every eifon to conserve and reduce water usage. B. Track and maintain accurate records of the costs incurred for water, electricity and maintenance and bill the City of Sheridan for the actual costs of services provided within the City of Sheridan boundaries. 2. The City of Sheridan agrees to : A. Reimburse the City of Englewood for the landscape watering costs incuxred within the City of Sheridan, such invoices to be paid within 45 days of date of receipt by the City of Sheridan B. Provide 311y assistance needed by the City of Englewood in the watering process, md to water the ponions of :he landscape within the City of Sheridan not .:overed by the ::tisting sprinkler syste::i. • X H I • I T A t ... .. • • --- 3. This Intergovernmental Agreement shall become effective as of July 1, 2003 and automatically renew :mnually on this date for an additional one year period if a termination notice is not issued by either party at least 30 days prior to the renewal date. Renewal of the agreement is subject to annual appropriations by both parties. 4. This Intergovernmental agreement may not be modified, :imended or otherwise altered unless mutually agreed upon in writing by the parties. 5. The City of Englewood by and through its employees and agents shall be for all purposes of this Intergovernmental Agreement, to be independent contnc:ors and not employees of the City of Sheridan. 6. Neither the City of Sheridan nor ;he Cty of Englewood ;hail JSsign or :ransfer its interest in the intergovernmental Agreement ·Nithout :he ·.vrinen :igreement of die other ;,arty. 7 . Either par.y of this intergovernmental . .\.greement :nay ,e:minate it :,y giving !O the other ?arty :hirty days :iotice :n writing with or ·Nithout 100d cause shown. Upon delivery of such notice ·,y the Cr; .:if Sheridan ,o :he Ccy of Englewood and upon e:tpi.r:lrion of :he thirty day ?~Od. :he City -Ji°='.nglewood ;hall discontinue all services :n connection ·Nith :he ?er:ormance Jf :he Intergovemmental . .\greement .. .\s ;oon JS pr:ic:ic:ibie :uler :-eceipt Jf the notice of termination, ':he C ity .:if Englewood ;nail ;uomit 1 state:nent .ihowing in detail the costs inc:med ~der the Intergovernmental . .\greement ,ince the date of the last invoice. Tne Ccy of Sheridan shall ·.hen pay ±e City of'2ng!ewood ;,romptly the ::u::ual costs :nc:med .:in :,ehaif .:if :he Ccy of Siie:-:dan and :iot ;:r:-,iously reimbursed . 8. The terms ilnd conditions Ji:he intergover:une::tai . .\greeme::t ,;hall oe 'Jinding upon each Ccy, its successors and assigns . IN WITNESS WHEREOF, the parties hereto :iave e:cec-.ued :his intergovemmenul Agreement the day and year first written :ibove. Bev erly J. Br:idsh:iw, :',,[ayer Cicy o f='.nglewood ' ... .. .. • • -·- Tm.E: CITY OF SHERIDAN, CO RESOLUTION NO. ~ -2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHERIDAN APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ENGLEWOOD PERTAINING TO THE IRRIGATION OF LANDSCAPING ALONG TIIE SOUTH SAJ.'ITA FE CORRIDOR WHEREAS, the cities of Sheridan and Englewood share a common boundary along South Santa Fe Boulevard; and WHEREAS, the cities of Sheridan and Englewood wish to enter into an agreement pertaining to the imgation of existing landscaping located within che right-of- way of the South Santa Fe Conidor along the common boundary of the cities. THEREFORE BE IT RESOLVED BY TIIE City Council of the City of Sheridan, Colorado, that: The "Intergovernmental Agreement for tlle Watering ofl.3ndscaping along the South Santa Fe Conidor" with the City of Englewood, Colorado is approved in the form substantially as attached hereto 35 E.'Cbibit .\. The yfayor is authorized to execute such Intergovernmental .\greement on ,ehalf of the City of Sheridan. ~ Done and resolved tlle _____ da~ ~-.-~-,.4(~·~-r r ~Iayor APPROVED AS TO FOR.\'!: James A. Windholz , City Attorney ' ·'lo .. • • • • • COUNCIL COMMUNICATION Date February 17, 2004 INITIATED BY STAFF SOURCE 0 Subject Simplex-Grinnell Access and Security System Improvements Contract Littleton/Englewood Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No prior action by Council. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing access control system for the automatic gates at the treatment plant has been in service since 1992. The manufacturer of this system is no longer supporting the software or gate cards that allow this system to properly function. The plant now has three automatic gates that are the primary access locations into the plant site, including the Main gate for personnel vehicle access, the North gate for biosolids truck hauling, chemical deliveries, and contractor access, and the South gate for septic hauler access to the dumping station. The existing gates do not hav ·~ intercom communication and do not have camera monitors. To -address possible threats to critical infrastructure resulting from September 11, 2001 events, the L/E WWTP had conducted an independent physical security survey. The findings of this survey led to the development of additional management goals to protect personnel and the physical assets of the L/E WWTP, limit the potential for disruption of service, and to protect from the potential contamination of local wat er supplies. A request for qualifications and proposal was issued in late 2002 to several firms. Based on qua lifica tions and their proposal, the firm of Simplex Grinnell was selected to provide planning, engi nee ring, and design for acces s and security improvements to assist the plant in meeting its manage m ent go als . A cons tru ction c o st from Simplex Grinnell for providing and installing all equipment and software was ob tai ned. Simplex-Grinnell specializes in installation and startup of facility access control and security sys t ems . By us ing their services, system information confidentiality and strategy contained in their original planning and engineering documents can be controlled . The scope of work will include: 1. ew automati c gate acc ess control stations at three gates and one main door with proximity card rea d ers, 2. ew surve illan ce cam eras at three gates and one main door to be able to monitor usage and rec o rd en try and ex it r>f personnel or veh icles, 1 e\\ in tercom sys t em at three gat es to allow communication from each gate to the front office or o pera tor on d uty, ' • • 4. New badging system that will provide personnel identification and entry through controlled access locations, 5. New Windows-based software to issue and maintain the ID card system, program the access control system, and to provide reports on Septage Station usage each month for billing of Septage hauling companies, 6. .Provisions to add additional access controls at critical infrastructure buildings during the upcoming Phase 2 Expansion Project The construction contract amount has been reviewed and appears to be reasonable for the scope of work. The construction contract with Simplex Grinnell is attached. This work is anticipated to take approximately four months. The construction work is scheduled to begin spring of 2004 with contract completion by July 2004. FINANCIAL IMPACT The cost of the Access and Security System Improvements is $240,330.00, is a capital cost and will be split 50/50 with the City of Littleton. Funds for the project are included in the 2004 budget LIST OF ATTACHMENTS Simple Grinnell Contract for Access and Security System Improvements • t • • • ·• • • Project Manual for LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT Access and Security System Improvements February 2004 ' ·~ ,, .. • • TABLE OF CONTENTS PROJECT MANUAL AND CONTRACT REQUIREMENTS SECTION NUMBER OF PAGES SECTION 00500 CONTRACT SECTION 00610 PERFORMANCE BOND SECTION 00700 CONTRACT OVERVIEW SECTION 00710 GENERAL CONDITIONS PART 1 --GENERAL INFORMATION PART 2 --0WNER -CONTRACTOR RELATIONS PART 3--SPECIFICATIONS AND DRAWINGS PART 4 --MATERIAL, EQUIPMENT AND WORKMANSHIP PART 5--LIABILITY AND INSURANCE PART 6--PROGRESS AND COMPLETION PART 7--PAYMENT SECTION 00800 SPECIAL PROVISIONS INSURANCE SECTION 00810 RECEIPT, RELEASE, WAIVER OF CLAIMS SECTION 01060 SAFETY AND HEALTH EXH IBIT A Simplex Grinnell quotation dated 1/5/04. EXHIBIT B Appendix "A". Simplex Grinnell quotation breakdown dated 1/5/04. DRAW INGS SECl.01, SECl .02, SEC2 .0l, and SEC3 .0l i 3 2 2 26 2 1 1 CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this __ day of 2004 by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City'', party of the first part, and Simplex Grinnell , hereinafter referred to as the "Contractor", party of the second part . Sealed proposals were received for furnishing all labor, tools, supplies equipment, materials and everything necessary and required for the following: PROJECT: Littleton/Englewood Wastewater Treatment Plant Access and Security System Improvements WHEREAS, proposals pursuant to said advertisement have been received by the Utilities Director or Authorized Representative with a recommendation that a contract for said work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above named Contractor by the Utilities Director or Authorized Representative and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contractor, the mutual agreements hereinafter contained are subject to the terms hereinafter stated: A. CONTRACT DOCUMENTS: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached hereto, bound herewith 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 if they were set out verbatim and in full herein : Proposal Contract (this instrument) Performance Bond Special Provi sions Technical Specifications General Conditions Permits and Licenses Sales and Use Taxes B. SCOPE OF WORK: T he Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and evecything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. ,, t .,.. .. • • -·• • • 0 C. TERMS OF PERFORMANCE: The Contractor agrees to undertake the performance of the work under this Contract within thirty (30) days from being notified to commence work by the Utilities Director and agrees to fully complete said work within one hundred and twenty (120) calendar days from the date of said notice, plus such ·extension or extensions of time as may be granted by the Utilities Director in accordance with the provisions of the General Conditions. D. TERMS OF PAYMENT: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal hereto attached and made a part hereof, the total estimated cost thereof being two hundred forty thousand three hundred thirty dollars ($240,330.00). E. INDEMNIFICATION: The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Vendor or any other person or entity whatsoever, for any purpose whatsoever. The Vendor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature whatsoever, including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Vendor need not indemnify or save harmless the city, its officers, agents and employees from damages resulting from the negligence of the city's officers, agents and employees. F. G. TERMINATION OF AWARD FOR CONVENIENCE: The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished service, reports, material(s) prepared or furnished by the successful firm after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the successful firm will be paid any amount which bears the same ration to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm covered by the a ward, 1 ess payments of compensation previously made . lfthe award is terminated due to the fault of the successful firm, termination of the award for cause, relative to'termination shall apply. TERMINATION OF AW ARD FOR CAUSE: If, through any cause, the successful firm shall fail to fulfill in a timely and proper manner its obligations or if the successful firm shall violate any of the covenants, agreements or stipulations of the award , the City shall thereupon have the right to terminate the award by giving written notice to the successful firm of such termination and specifying the effective date of termination. In that event , all furnished or unfinished services, at the option of the C ity, become its property, and the successful firm shall be entitled to receive j ust , equi table compensation for any satisfactory work completed, prepared docum ents or materials as furni shed . .. ' .. .. • • Notwi.tbltazl.dina the above, lbe aucceul\11 &m lba1l not be rolicYed of1he liability ID !he City for clamafCI IUltlmed by 1b: City 'by virtue 0~ oftbe &Yilld by tbo ~ fum, IDll tm City may wilbbold my paymmil ID the 111CCC1UW mm tbr tho pmpolO of ICt of! umil llliC'h time • the c:uct lll10UIII of damapa dac tbc City tiom the nccoa&1 ftrm ii cktamiDcd. H. TUMJNADQN: Bitblr party may 1'miiDlte tbia Aanemmt/Coatnet by sivma notice in writina by reaimnd mail. retum rlClipt reqlllllld, 1D the odls pany 1bkty (30) days prior to 11DY IIIGh. mat 1a CIDQll tbil ~tnct. L APPRQPJlIATION Of FUNDS: Punda have him. appn,pial b tbc project. Notwilhltand.ma IIJ)'lbina ecmtlilllld in dlil ~ 10 1be couinry, ia the f'llllt m timda ar in•d'ficillllt iillldl are app1Up121ted lllll badaad by tbe pemma body ar a odHrwia unavailable by my 11111111 'lfflltlolYlr in my 1bllowiq fial plliod !,r which appropriadam wen nceiwd without Jllll&lty or apm11 acapc • to lbole portlcm or 1lle Apamat or other IIDOUIII lmia b w1uch bids !law alreldy bem appopdated ar are odllrwill availlble. The City ahall immedi111ly notify $jpmlax Qrimwll or ib miam=e of such accumnce in die Milt of such h!r:ndnltion. 1. CONTRACT BINDING: It ii .... 11m CaalllCt lblD be bmdina on 111d inUN to the beaeflt of 1be partlel blnto, their hain, cecutoll, ldminillrlton, lllipa IDll lW:CCIIIOII. . IN wmmss WHEREOF, tb8 i,artia have c:amecl diae pmm11 to be ..-pmcm11y or 1,y 11m ml)' llllbarimd oflloen or 11111111 111d 1!leir _. dmd ad duly ...S tbD day llllll )'Ill' 6m llbo"Ye wriUm: CTI'Y OF ENGLEWOOD _By: _______ _ Utiliti• Dir-=tar Or Au&boriad R.eprwemative ATTEST: Lou Elli&. City Clerk . t -~ .. .. • • C 0 . SECTION 00610 THE CITY OF ENGLEWOOD LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT ACCESS AND SECURITY SYSTEM IMPROVEMENTS PROJECT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the City of Englewood, hereinafter designated the "Owner," has, on ____ _ 20 , awarded to hereinafter designated as the "Principal," a Contract for the construction of the Littleton/Englewood Wastewater Treatment Plant Access and Security System Improvements, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and ~-----~~~-~-,----.---~---~-~--~---~---' as Surety, are held and firmly bound unto the Owner the penal sum of dollars ($ lawful money of the United States, for the paymen_t_o~f.--w~h-i~.c~h,---s-u_m_ well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. > THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said Contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. ( As a condition precedent to the satisfactory completion of the said Contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and accep- tance of the said work, during which time if the above bounden Pr ncipal, his or its heirs, executors, administrators, successors o r assigns shall fail to make full, complet e, and satisfactory 00610-1 ' .-.. .. • • r e pair and r e plac ements or totally protect the said Owner from loss o r damage made evident during said period of one year from the date of a cceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect . However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety here- under shall continue so long as any obligation of the Principal remains . And the said Surety, for value received, hereby stipulates and agrees that System Contracts will be assigned to the General Contractor and that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed there-under or the specifications accompanying the same, or the assignment of the System Contracts to the General Contractor shall, in any way, affect its obligations on this bond, and it does hereby waive notice of assignment of System Contracts of any such change , extension of time, alteration, or addition to the terms of the contract or to the work or to the specif i cations. IN WITNESS WHEREO F , the above bounden parties have executed this instrument under their seals this day of 20 , t he name and corporate seal of each corpo r ate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Seal) Pr incipal Signature for Principal Ti t l e o f Signa tor Surety Sig n ature f or Suret y Title of Signator **END OF SECTION** 00610-2 • • • SECTION 00700 THE CITY OF ENGLEWOOD LITTLET ON/ENGLEWOOD WASTEWATER TREATMENT PLANT ACCESS AND SECURITY SYSTEM IMPROVEMENTS PROJECT CONTRACT OVERVIEW Copies of the following documents constitute the project manual and are included herein for inspection. 1. Contract requirements for Littleton/Englewood Wastewater Treatment Plant Access and Security Improvements Project including technical specifications and Drawings SECl.01, SECl.02, SEC2 .0l, and SEC3 .0l. 2. EXHIBIT A --Simplex Grinnell Quotation for L/E WWTP Security Upgrade dated 1/5/04 consisting of four (4) pages . 3. EXHIB I T B --Attachment "A" to the Simplex Grinnell Quotation dated 1/5/04 consisting of seven (7) pages. The Work covered under this Contract will be performed at the Litt leto n/Englewood Wastewater Treatment Plant, 2900 South Platte Riv e r Drive, Englewood, Colorado. The Work includes furnishing all l a bor, mater i als, and equipment on a lump sum basis as directed by the Owner or Construction Manager for Access and Security System Im p roveme nt s, summarized by, but not limited to, the following: 1 . Removal and disposal of existing gate control systems, devi ces, and hardware. 2 . Provi s i on of and installation of new gate and door acces s contro l syste ms , s u rve i l l ance cameras (CCTV ), intercoms and related dev ices . 3. Provision of and installation of computer h a rdware and software for acces·s control s ys,t em a nd per sonn el badging system. 4. All work for the installation and startu p of computer h a rdware and s oftwa re (C-Cure 80 0 software ) for gate and doo r access con trol system and personnel badging system must b e coord ina ted with existing plant operation schedule s and must minimize any down time of existing access gates and doors affected by the work. 5. Provision of and installation of emergency contact 00700-1 ' . .. ... f • • • 1 6 . notification device(s) including hardware and software with the ability to be monitored off-site 24 hours a day/7 days a week by a third party vendor. Startup and Training for all hardware and software. Training shall not be less than 24 hours on various aspects of hardware and software. Training is to be scheduled with Owner to provide training sessions and materials to all three plant operation shifts. Additional software customization is to include generation of automatic weekly and monthly reports of individual card usage at Gate 4 (Septage Hauling companies). 7. Owner will provide and install fiberoptic cables to all required gate and building locations and terminate at interior rooms as indicated on the drawings under a separate contract. a. Simplex Grinnell will provide clear as-built drawings and specifications of the insta], ed system. Final drawings to be provided in hard copy and in digital format (AutoCAD release 2000 or higher). Operation and Maintenance manuals to be provided both in hard copy (3 copies) and in compatible digital formats (Word, Excel, Adobe, and AutoCAD). 9. Simplex Grinnell will perform all work in accordance with building, electrical and fire codes currently enforced by the City of Englewood including but not limited to UBC, NEC, and UFC. The Contractor will be required to furnish a performance bond, in an amount not less than 100 percent of the Contract amount. **END OF SECTION** 00700-2 - SECTION 00710 THE CITY OF ENGLEWOOD LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT GENERAL CONDITIONS PART 1--GENERAL INFORMATION 1.01 DEFINITIONS OF WORDS AND TERMS Where used in the project manual, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms. Acceptance. Formal action of the Owner in determining that the Contractor's work has been completed in accordance with the contract and in notifying the Contractor in writing of the acceptability oftpe'work. Act of God . A cataclysmic phenomenon of nature, such as an earthquake, flood or cyclone. Rain, snow, wind, high water, period of freezing weather, or other natural phenomenon which might reasonably have been anticipated from historical records of the general locality of the work shall not be construed as acts of God. Addenda. Supplemental written specifications or drawings issued prior to execution of the contract which modify or interpret the project manual by addition, deletion, clarification, or corrections. Architect. Refers to (not applicable} , other designated ----"(n""o..,n=e designated} employee or other person designated by the Owner. Bid. Offer of a bidder submitted on the prescribed form setting forth the price or prices of the work to be performed. Bidder. Individual, partnership, corporation, or a combination thereof, including joint ventures, offering a bid to perform the work. Construction Manager. The Architect, Engineer, or person designated by the Owner to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to the general construction contract. Contract Drawings . The drawings included in the project manual plus those prepared by the Owner or the Contractor pursuant to the tem1s of the general construction contract(s). They include: I . Drawings in the project manual. 2. Modifying drawings issued by addenda or amendment. 00710-1 ' .· .. ,• .. .. • • -(J 3. Drawings submitted by the Contractor during the progress of thew ork and accepted by the Owner either as attachments to change orders or as non-modifying supplements to drawings in the project manual and drawings issued by addenda. 4 . Drawings submitted by the Owner to the Contractor during the progress of the Work either as attachments to the change orders or as explanatory supplements to drawings in the project manual and drawings issued by addenda. Contractor. The individual, partnership, corporation or combination thereof, who enter into the contract with the Owner for the performance of the Work. The term covers subcontractors, equipment and material suppliers, and their employees. Contract Price. A mount payable to the Contractor under the terms and conditions of this contract based on the price given on the bidding schedule, with adjustments made in accordance with the contract. The base amount given in the bidding schedule shall be a lump sum bid . Contract Time. N umber of calendar days stated in the contract for the completion of the work or portions thereof. !2.ID:'.-Calendar day. Direct. Action of the Owner or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the contract. Directive. Written documentation of the actions of the Owner or Construction Manager in directing the Contractor. Furnish. To deliver to the job site or other specified location any material. Herein. Refers to information presented in the project manual. Holidays. Legal holidays designated by the state or specifically identified in the supplementary conditions. Install. Placing, erecting, or constructing complete in place any item, equipment, or material . May. Refers to permissive actions. Owner. Under the contract, the Owner is the City of Englewood . Owner's Representative. The person designated by the Owner to act u its aacnt on spec1ficd matters relating to this contract. Principal. The individual , partnership, corporation or ombuw,on thereo f, .-ho enter into I.be contract with the Owner to furnish constructi o n wo rk for the ~-ner. Unlcu other 1ficd. tbe term Princi pal and Contractor are syno nymo us. 710-2 t ... .. .. • • • ... • 0 ( 0 Paragraph. For reference or citation purposes, paragraph shall refer to the paragraph, or paragraphs, called out by section number and alphanumeric designator. For example, this definition is found in paragraph 00710-1.01; permits and licenses are discussed in paragraph 00710-1.05 B. Person. The term, person, includes firms, companies, corporations, partnerships, and joint ventures. Project. The undertaking to be performed under the provisions of the contract. Project Manual. Those contract documents prepared for bidding and as amended by addenda. Provide. Furnish and install, complete in place . Punch List. List of incomplete items of work and items of work which are not in conformance with the contract. The list will be prepared by the Construction Manager when the Contractor, (1) notifies the Construction Manager in writing that the work has been completed in accordance with the contract and, (2) requests in writing that the Owner accept the work. Shall or Will . Refers to required actions by the Contractor or the Owner and means the Contractor or Owner has entered into a covenant with the other party to do or perform the action. Shown. Refers to information presented on the drawings, with or without reference to the drawings. Specifications. That part of the contract documents consisting of written descriptions of the technical features of materials, equipment, construction systems, standards, and workmanship. Specify. Refers, to information described, shown, noted or presented in any manner in any part of the contract. Submittals. The information which is specified for submission to the Engineer/Architect in accordance with these General Conditions and/or Division 1 of the project manual. Substantial Completion. Sufficient completion of the project or the portion thereof to permit utilization of the project, or portion thereof for its intended purpose. Substantial completion requires not only that the work be sufficiently completed to permit utilization, but that the Owner can effectively utilize the substantially completed work. Determination of substantial completion is solely at the discretion of the Owner. Substantial completion does not mean complete in accordance with the contract nor shall substantial completion of all or any part of the project entitle the Contractor to acceptance under the contract. Substantial Completion Date. Date when the Owner puts into service the project, or that portion of the project that has been determined to be substantially complete. Work. The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion and fulfillment of the contract. 00710-3 ' .. .. 1 • • -... • 1.02 CONTRACT REQUIREMENTS A . SUCCESSORS' 0BLIGAT10NS: The grants, covenants, provisos and claims, rights, powers, privileges and liabilities obtained in the contract documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor and the Owner and their respective heirs, executors, administrators, successors and assigns. B. ASSIGNMENT OF CONTRACT: The contract shall not be assigned in whole or in part without the written consent of the Owner. Involuntary assignment of the contract as caused by the Contractor being adjudged bankrupt, assignment of the contract for the benefit of Contractor's creditors or appointment of a receiver on account of Contractor's insolvency shall be considered as failure to comply with the provisions of the contract and subject to the termination provisions contained herein . C . W AIYER OF RIGHTS : Except as herein provided, no action or want of action on the part of the Contractor, Owner, Owner's Representative, Architect, or Construction Manager at any time with respect to the exercise of any right or remedies conferred upon them under this contract shall be deemed to be a waiver on the part of the Contractor and Owner of any of their rights or remedies. No waiver shall be effective except in writing by the party to be charged. No waiver of one right or remedy shall act u a waiver of any other right or remedy or as a subsequent waiver of the same right or remedy. D. OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS: As provided by Sections 4550 and 4551 of the Government Code, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to auip to the awarding body all rights, title, and interest in and to all causes of action it may have wider Section 4 of the Clayton Act (IS U .S .C. Sec. I S) o r under the Cartwright Act (Chapter 2 [commencing with Section 16700] of P:ut 2 of Division 7 of the Business and Professions Code}, arising fiom purchases of goods, services, or materials pursuant to the p ub lic works contract or the subcontract. This assignment shall be made and become effective at the ti me the awarding body tenders final payment to the Contractor, w ithout funher acknowledgment by the parties. E. AMENDM ENT OF GENE RAL CONDITIONS : The general conditions may be amended only by mutual consent of the Owner and the ontractor in writing. 00710-4 t .. .. : .· - 0 1.03 LAWS , REGULATIONS AND PERMITS A . GENERAL: 0 0 The Contractor shall give the notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor. If the Contractor observes that the drawings, specifications or other portions o fthe project manual are at variance with any laws, ordinances, rules or regulations, he shall promptly notify the Architect in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules or regulations. B . PERMITS AND LICENSES : Permits and Licenses. All permits and licenses required in the prosecution of the work shall be obtained and paid for by the Contractor. Sales and Use Taxes. The Contractor, or any of his sub-contractors, shall be required to pay all sales and use taxes levied by the City of Englewood on any materials used (such as formwork materials, etc .) or incorporated into the project including rental of equipment. In addition, any equipment purchased within the last three years and used on this project is subject to a 3Y2% sales tax. I ft axes have been paid p rcviously on the e quipmcnt in Englewood or elsewhere, provide a receipt for taxes paid to receive credit. Upon completion of the work, and before final payment is made by the City, the Contractor will be required to furnish the City with an itemized statement of the tangible property upon which the tax is due. Contractor is not to include the initial use tax due and payable at the time of building permit issuance. This amount is 3 Y, % on 5 0% oft he total contract amount. Littleton/Englewood WWTP will directly pay alh use taxes to the City of Englewood for this project by journal entry. The Contractor and/or sub-contractor may purchase materials tax free (State and RTD tax) when the mat erial is to become part of the structure for a tax-exempt entity (City of Englewood). The Co ntractor and/or sub-contractor must obtain an exemption certificate from the Department of Revenue to purchase the m terials tax-free. Each sub-contra tor· shall compile a com plete list of paid invoices, based on materials purchased directly by the uh-contractor, inc luding the following information : invoice number, invoice date, vendor's name, amount of invoice, amount of tax due the City, type of materials (cement, re-bars, tru tural steel, etc.). nle otherw1 e pccified herein, permits and licenses from governmental agencies which are necessary only for nd during the prosecution of the work and qte subsequent guaranty period shall be ecured and paid for by the Contractor. Permits and licenses of regulatory agencies which are nece ary to e maintained after com pletion of the guaranty period shall be secured and paid for by the Owner. 00710-5 ' -· ' t I • • 1.04 HEADINGS Headings to parts, divisions, sections, paragraphs, subparagraphs and forms are inserted for convenience of reference only and shall not affect the interpretation of the contract documents. PART 2--0WNER-CONTRACTOR RELATIONS 2.0 I AUTHORITY OF OWNER A. GENERAL: The Owner, acting through the Owner's Representative and the Architect or Construction Manager, shall have the authority to act as the sole judge of the work and materials with respect to both quantity and quality as set forth in the contract. It is expressly stipulated that the drawings, specifications and other contract documents set forth the requirements as to the nature of the completed work and do not purport to control the method of performing work except in those instances where the nature of the completed work is dependent on the method of performance. B. AUTHORITY OF OWNER'S REPRESENTATIVE: 1. GENERAL: The Owner's Representative has the authority to a ct on b ehalfo ft he Owner on change orders, progress payments, contract decisions, acceptability of the Contractor's work, and early possession. 2. CHANGE ORDERS: The Owner's Representative has the authority to accept or reject change orders proposed by either the Construction Manager or the Contractor. 3. PROGRESS PAYMENTS: The Owner's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager. 4 . CONTRACT DECISIONS: Should the Contractor disagree with the Architect's d ec ision with respect to the contract, the Contractor may request that the Owner's Representative rev iew the Architect 's decision and make a determination on behalf of the Owner. S. ACCEPT ABILITY OF WORK: The Owner's Representative has the authority to make the final determination of the acceptability of the work. The Owner's Representative also has the authority to accept or reject the Construction Manager's recommendations regarding retention of defecti ve work. C. AUTHORITY OF ARCHITECT OR CONSTRUCTION MANAGER: I . GENERAL: The Architect or Construction Manager is a representative of the Owner empl oyed to act as advi sor and consultant to the Owner in matters related to the contract. The Owne r has d e legated his authority to the Architect or Construction Manager to make initial decisions rega rd ing questions which may arise as to the quality or acceptability of materials furnished and work pe rfo rm ed and as to the manner of performance and rate of progress of the work under the 00710-6 .. ' .. • • 0 contract. The Architect or Construction Manager interprets the intent and meaning of the contract and makes initial decisions with respect to the Contractor's fulfillment of the contract and the Contractor's entitlement to compensation. The Contractor shall look initially to the Architect or Construction Manager in matters relating to the contract. The Construction Manager's decisions are subject to review by the Owner's Representative. 2. INSPECTION OF CONSTRUCTION: The Architect or Construction Manager shall have access to the work and to the site of the work and to the places where work is being prepared or where materials, equipment, and machinery are being obtained for the work . If requested by the Architect or Construction Manager, the Contractor shall provide the assistance necessary for obtaining such access, and shall provide information related to the inspection of construction. 3. CHANGE ORDERS: T he Architect or Construction Manager hast he authority to initiate or recommend change orders. Such change orders are subject to review and approval by the Owner. 2.02 RESPONSIBILITIES OF OWNER A. ATTENTION TO WORK: The Owner shall notify the Contractor in writing of the name of the Owner's Representative and of the Construction Manager. The Construction Manager normally will not be at the site of the work. 8 . OWNER'S EMPLOYEES: The Owner shall be responsible for the adequacy, efficiency, and sufficiency of his employees and of any consultant, supplier or subcontractor employed by the Owner. 2.03 AUTHORITY OF CONTRACTOR A. CONTRACTOR'S REPRESENTATIVE : The Contractor shall notify the Owner in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this contract. This person shall have authority to carry out the provisions of the contract and to supply materials, equipment, tools and labor without delay for the performance of the work. 2.04 RESPONSIBILITIES OF CONTRACTOR A. SUBCONTRACTORS, MANUFACTURERS AND SUPPLIERS: The Contractor shall be responsible for the adequacy, efficiency and sufficiency of his subcontractors , manufacturers, suppliers and their employees . 00710 -7 t ... .. • • - B. CONTRACTOR'S EMPLOYEES : The Contractor shall be responsible for the adequacy, efficiency and sufficiency of his employees. Workers shall have sufficient knowledge, skill and experience to perform properly the work assigned to them. C. PAYMENT FOR LABOR AND MATERIALS: The Contractor shall pay and require his subcontractors to pay any and all accounts for labor including Workers Compensation premiums, State Unemployment and Federal Social Security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause his subcontractors to pay any and all accounts for services, equipment, and materials used by him and his subcontractors during the performance of work under this contract. Such accounts shall be paid as they become due and payable. If requested by the Owner, the Contractor shall furnish proof of payment of such accounts to the Owner. D. ATTENTION TO WORK: The Contractor, acting through his representative, shall give personal attention to and shall manage the work so that it shall be prosecuted faithfully. When his representative is not personally present at the project site, his designated alternate shall be available and shall have the authority to act on the contract. E. EMPLOYEE SAFETY : All applicable Federal, State, and local laws shall be observed. F. COOPERATION WITH ARCHITECT OR CONSTRUCTION MANAGER: The Contractor, when requested, shall assist the Architect or Construction Manager in obtaining access to work which is to be inspected. The Contractor shall provide the Architect or Construction Manager with information requested in connection with the inspection of the work. 2.05 OWNER-CONTRACTOR COORDINATION A. SERVICE OF NOTICE: Notice, order, direction, request or other communication given by the Architect, Construction Manager, or Owner to the Contractor shall be deemed to be well an<! sufficiently given to the Co ntractor if left at any office used by the Contractor or delivered to any of his officers, clerks or em ployees or posted at the site of the work or mailed to any post office addressed to the Contractor at the address given in the contract document or mailed to the Contractor's last known place of business. lf mai led by first-class mail, any form of communication shall be deemed to have been given to and received by the Contractor a day after the day of mailing. 00710-8 ' ... .. • • - D . B . SUGGESTIONS TO CONTRACTOR: Plan or method of work suggested by the Architect, Owner, or the Construction Manager to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The Owner, Architect, and the Construction Manager assume no responsibility therefor and in no way will be held liable for any defects in the work which may result from or be caused by use of such plan or method of work. C . COOPERATION: The Contractor agrees to permit entry to the site of the work by the Owner or other contractors performing work on behalf of the Owner. D. DEVIATION FROM CONTRACT: Neither the Contractor nor the Owner shall make an alteration or variation in, addition to, or deviation or omission from the terms of this contract without the written consent of the other party. E. CLAIMS: 1. DETERMINATION BY ARCHITECT or CONSTRUCTION MANAGER: Questions regarding meaning and intent of the contract documents shall be referred by the Contractor in writing to the Architect or Construction Manager for his decision. The Architect or Construction Manager shall respond to the Contractor in writing with his decision. If the Contractor disagrees with the Architect or Construction Manager's decision or considers that the decision requires extra work, he shall, within five calendar days, notify the Architect or Construction Manager in writing of the disagreement or of the claimed extra work involved and of the estimated cost of said work. 2. APPEALS TO THE OWNER'S REPRESENT A TNE: I n the event the Contractor disagrees with any determination or decision of the Architect or Construction Manager, the Contractor may, within 15 calendar days of the date of such determination or decision, appeal the determination or decision to the Owner's Representative. The Owner's Representative shall review the appeal and transmit his decision in writing to the Contractor within 30 calendar days from the date of receipt of the appeal. Failure of the Contractor to appeal the decision or determination of the Architect or Construction Manager within said 15 day period shall constitute a waiver of the Contractor's right to thereafter assert claim resulting from such determination or decision. PART 3--SPECIFICATIONS AND DRAWINGS 3.01 INTERPRETATION OF SPECIFICATIONS AND DRAWINGS A. GENERAL: The specifications and drawings are intended to be explanatory of each other. Work speci tied on the drawings and not in the specifications, or vice versa, shall be executed as if specified in both. 00710-9 t ,,.. .. • • B . REQUE ST FOR CLARIFICATION : In the event the work to be done or matters relative thereto are not sufficiently detailed or explained in the contract documents, the Contractor shall apply to the Architect or Construction Manager for further explanations as may be necessary and shall conform thereto so far as may be consistent w ith the terms of the contract. In the event of doubt or question arising respecting the true meaning of the specifications or drawings, reference shall be made to the Architect or Construction Manager for his decision . Should the Contractor disagree with the decision, he may appeal to the Owner's Representative. 3.02 DISCREP ANC!ES IN SPECIFICATIONS AND DRAWINGS A. ERRORS AND OMISSIONS : If the Contractor, in the course of the work, becomes aware of any claimed errors or omissions in the contract documents or in the Owner's fieldwork, he shall immediately inform the Architect or Construction Manager in writing. The Architect or Construction Manager shall promptly review the matter and if he finds an error or omission has been made, he shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the contract, the Owner shall issue an appropriate change order. After discovery of an error or omission by the Contractor, related work performed by the Contractor shall be done at his risk unless authorized by the Architect or Construction Manager. In the event the Contractor disagrees with the determination of the Architect or Construction Manager under this provision, he may appeal to the Owner's Representative. B . CONFLICTING PROVISIONS : In cases of conflict between the specifications and drawings, the specifications shall govern. Figure dimensions on drawings shall govern over scale dimensions and detail drawings shall govern over general drawings. In the event an item of work is described differently in two or more locations on the drawings and in the specifications, the Contractor shall request a clarification from the Architect or Construction Manager. 3 .03 SUBMITIALS Where required by the specifi cations, the Contractor shall submit specified information which wi ll enable the Architect to advise the Owner whether the Contractor's proposed materials, equipment or m ethods of w ork are in general conformance to the design concept and in compliance wi th the drawings and specifications. The requirements for submittals arc specified in Division 1. PART 4 --MATERIAL, EQU IPMENT AND WORK.MANSHIP 4 .0 1 GENERAL Unl ess otherw ise sp ecificall y stated in th e contract documents, the Contractor shall provide and pay fo r b u ilding permits, materi als , labor, tools, equipment, water, light, power, transportation, 00710-10 ' .... .. • • 0 supervision, and temporary construction of any nature, and other services and facilities of any nature, whatsoever necessary, to execute, complete and deliver the work within the specified time. Materials shall be new and of a quality equal to that specified. This requirement does not apply to minor details, nor to thoroughly demonstrated improvements in design or in materials of construction. Construction work shall be executed in conformity with the standard practice of the trade. 4.02 PRODUCT DATA Data required by the Owner for inspecting, testing, operating or maintaining parts of the work shall be provided by the Contractor when specified. Unless otherwise specified, such information shall consist of three copies and shall be provided at the time the referenced material or equipment is delivered to the job site . The data shall be as specified and include such items as shop drawings, erection drawings, reinforcing steel schedules, testing and adjusting instructions, parts lists, and record drawings. When applicable, information and data to be provided shall be identified by the specified equipment number. Extraneous material on the pages or drawings provided shall be crossed out, and the equipment or material to be supplied shall be clearly marked. Such information is to be provided as part of the work under this contract and its acceptability determined under normal construction observation procedures. Operation and maintenance manuals are product data 4 .03 QUALITY Where the contract requires that materials or equipment be provided or that construction work be performed, and detailed specifications of such materials, equipment or construction work are not set forth, the Contractor shall perform the work using materials and equipment of the best grade in quality and workmanship obtainable in the market, from firms of established good reputations, and shall follow standard practices in the performance of construction work. 4 .04 MATERIAL AND EQUIPMENT SPECIFIED BY NAME A. GENERAL: When material or equipment is specified by reference to two or more patents, brand names, or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other materials or equipment, of equal capacities, quality and function may be considered by the Owner. B . SINGLE SOURCE PRODUCTS : If material or equipment is specified by only one patent or proprietary name, or by the name of only one manufacturer, it is for the purpose of standardization, or because the Owner knows of no equal. If standardization is the reason for using one name to specify any material or equipment, the specifications will so state, and substitutions will not be considered. In other cues, the Contractor may offer substitutions of products considered to be equal to that specified. 00710-11 t .. • • ·• • 4.05 DEMONSTRATION OF COMPLIANCE WITH CONTRACT REQUJREMENTS A. INSPECTION: To demonstrate his compliance with the contract requirements, the Contractor shall assist the Construction Manager or Architect in the performance of inspection work. T he Contractors hall grant the Construction Manager or Architect access to the work and to the site of the work, and to the places where work is being prepared, or whence materials, equipment or machinery are being obtained for the work. The Contractor shall provide information requested by the Construction Manager or Architect in connection with inspection work. If the contract documents, laws, ordinances, or any public regulatory authority require parts of the work to be specially inspected, tested or approved, the Contractor shall give the Construction Manager or Architect adequate prior written notice of the availability of the subject work for examination . B. SAMPLES OF MATERIALS: In cases where compliance with contract requirements for materials to be incorporated in the work requires laboratory examination or special testing, the Contractor shall provide samples or specimens as requested by the Construction Manager or Architect. Such samples or specimens shall be provided in ample time to permit making proper test analysis and examinations before the time at which it is desired to incorporate the material into the work. Tests of material will be conducted in accordance with standard practice. C. CERTIFICATION: In cases where compliance of materials or equipment to contract requirements is not readily determinable through inspection and tests, the Architect shall request that the Contractor provide properly authenticated documents, certificates or other satisfactory proof of compliance. These documents, certifications and proofs shall include performance characteristics, materials of construction and the physical or chemical characteristics of materials. 4 .06 STORA.GE OF MATERIALS AND EQUIPMENT Materials and equipment shall be stored so as to insure the preservation of their quality and fitness for the work. Stored equipment and materials shall be located so as to facilitate inspection. Materials and equipment shall be delivered by the Contractor to the Owner at the Littleton/Englewood WWTP site. Except for the negligence or misconduct by the Owner, the contractor shall be responsible for storage of materials and equipment and for damages that occur in connection with the care and protection of materials and equipment. The Contractor shall unload materials and equipment delivered and shall except for the negligence or misconduct by the Owner, be responsible for damages that occur in connection with the care and protection of materials and equipment at the time of unloading. 00710-12 .· .. ,• .. • • --· 4.07 MANUFACTURER'S DIRECTIONS Manufactured articles, material and equipment shall be applied, installed, connected, erected, adjusted, tested, operated and maintained as recommended by them anufacturer, unless otherwise specified. Manufacturer's installation instructions and procedures shall be provided prior to installation of the manufactured articles, material and equipment. 4.08 DEFECTIVE WORK A. CORRECTION OF DEFECTIVE WORK: When, and as often as the Construction Manager or Architect determines through his inspection procedures, material, equipment or workmanship incorporated in the project do not meet the requirements of the contract, the Construction Manager or Architect shall give written notice of the noncompliance to the Contractor. Within five days from the receipt of such notice, the Contractor shall undertake the work necessary to correct the deficiencies, and to comply with the contract. If the Contractor disagrees with the determination and believes that the corrective work should be covered by a change order, he shall immediately notify the Owner's Representative, in writing, setting forth his position. Within five days after receipt of the Contractor's notification, the Owner's Representative will review the matter and notify the Contractor, in writing, of his determination. If the Owner's Representative determines that the corrective work is required to comply with the contract, the Contractor shall proceed with such work. As a condition precedent to the Contractor's request for either additional compensation or time extension, or both, resulting from the performance of such corrective work, the Contractor shall, within 15 calendar days after receipt of the Owner's Representative's determination, notify the Owner's Representative in writing of his intent to claim additional compensation, time or both. The Contractor shall document the cost information associated with the corrective work with daily records and shall provide such information to the Construction Manager or Architect monthly. Receipt of the cost data by the Construction Manager or Architect shall not be construed to be an acceptance of the corrective work, or an authorization for a change order to cover the corrective work. B. RETENTION OF DEFECTIVE WORK: Prior to acceptance of the project, the Owner may, at his option, retain work which is not in compliance with the contract if the Owner determines that such defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable. The Owner also may retain defective work, if, in the opinion of the Construction Manager or Architect, and with concurrence of the Owner's Representative, removal of such work is impractical or will create conditions which are dan gerous or undesirable . Just and reasonable value for such defective work shall be judged by the Owner and appropriate deductions shall be made in the payments due, or to become due to the Contractor. Final acceptance shall not act as a waiver of the Owner's right to recover from the Contractor an amount representing the deduction for retention of defective work . 4 .09 GUARANT EE The guarantee peri od shall be for 365 da ys . The guarantee period shall comm1mce on the da te of acceptan ce o f th e wo rk . During the guarantee period, th.! Contractor shall, upon the receipt 00 10-1 3 ' • • -· of notice in writing from the Owner, promptly make all repairs arising out of defective materials, workmanship or equipment. The Owner is hereby authorized to make such repairs, if ten days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence . In case of an emergency, where, in the reasonable opinion of the Owner, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the expenses in connection therewith shall be charged to the Contractor. For the purpose of this paragraph, "acceptance of the work" shall mean the acceptance of the project by the Owner, in accordance with paragraph 00710-7.05. "Acceptance of the work" shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. The Owner and the Contractor agree that guarantee on the equipment possessed and used by the Owner in accordance with paragraph 00710-7 .05 shall commence on the date that the Owner takes possession of the equipment and so notifies the Contractor in writing. Owner and Contractor further agree that such taking possession and use shall be deemed as substantial completion and acceptance . Takeover of equipment shall be at the Owner's option and will not be made until the equipment can be put into routine service on a permanent basis including but not limited to manufacturer certification of correct installation, manufacturer startup and training, and specified equipment testing and test periods. 4.10 PREFERENCE FOR DOMESTIC MATERIAL In accordance with the Buy American provision in Public Law 95217 (Section 215 of Public Law 92-500 as amended) and implementing EPA regulations and guidelines, the Contractor agrees that preference will be given to domestic construction material if it is priced no more than 6 percent higher than the bid or offered price oft he non-domestic materials including any applicable duty, whether or not assessed. PART 5--LIABILITY AND INSURANCE 5 .0 1 LIABILITY OF CONTRACTOR To the extent of its negligence, the Contractor shall be liable for any and all losses or damages from whatever cause which , prior to final acceptance, may occur on or to any part of the work. The Contractor shall not be liable for losses or damages caused solely by the act of the Owner. The Contractor shall be liable for damages and injury which shall be caused to persons owning property, on or in the vicinity of the work, including the Owner's property, or which shall occ ur to a pers on, or persons, including employees or agents of the Owner, or property whatsoever, arisi ng o ut o f the Contractor's performance of this contract, including operations of subcontractors and acts or omissions of employees or agents of the Contractor or his subcontractors. The Contractor's li ability shall be dependent upon whether or not such damage or injury is caused by the neglige nce of the Contractor. 007 10-14 ' ... ... • • .. CT The Contractor shall indemnify and hold the Owner, the Construction Manager, the Architect, and their officers, principals, agents, subcontractors, and employees, hannless from any and all loss, defense cost, expense, claims, including worker's compensation claims, demand or liability whatsoever, arising from allegations of injuries to persons or damage to property related to the performance of this contract, regardless of concurrent negligence on the part of such indemnities. The indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation orb enefits payable by or for the Contractor or any subcontractor under workers compensation acts, disability benefit acts, or other employee benefit act. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of this Contract. The Contractor 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. Notwithstnading anything to the contrary in this Agreement, SimplexGrinnell shall not be liable for any amounts in excess of the Contract Amount, and neither party shall be liable for indirect, incidental or consequential loss or damage. In case suit or legal proceeding shall be brought against the Owner, the Construction Manager, the Architect, or their officers, principals, agents, subcontractors, or employees, on account of loss or damage sustained by person, or persons, or property, as a result of the performance of the work covered by this contract, the Contractor agrees to the extent of its negligence to assume the defense thereof, and to pay the expenses connected therewith, and the judgments that may be obtained against the Owner, the Construction Manager, the Architect, or their officers, principals, agents, subcontractors, or employees, in such suits. In the event that a lien is placed against the property of the Owner, the Construction Manager, the Architect or their officers, principals, agents, subcontractors, or employees, as a result of such suits, the Contractor agrees to at once cause the same to be dissolved and discharged by giving bond or otherwise. The Contractor's agreement to defend and to pay the related expenses shall exist whether or not such injuries or damage be due to the negligence of the Contractor, and whether or not such injuries or damage be caused by the inherent nature of the work, as specified. The mention of specific duties or liabilities imposed on the Contractor shall not be construed as a limitation or restriction of general duties or liabilities imposed upon the Contractor by the contract. Reference to specific duties or liabilities is made herein, merely for the purpose of explanation. 5.02 BONDS The Contractor shall provide one bond, in the amount of 100 percent of the contract price. The bond shall serve as security for the faithful performance of the work and the other as security for the faithful payment and satisfaction of the persons furnishing materials and performing labor on the work. The bond shall be issued by a corporation duly and legally licensed to transact surety business in the State of Colorado. Such bond shall remain in force throughout the period required to complete the work, and thereafter for a period of 365 calendar days after final acceptance of the work. The bond must be executed by a duly licensed surety company, which is listed in the latest Circular 570 of the United States Treasury Department, as being acceptable as surety on federal bonds. No surety's liability on the bond shall exceed the underwriting limitations for the respective surety specified in Circular 570. The scope of the bond or the forms thereof prescnl>ed in these contract 00710-15 <· ' ... • • 0 documents in Section 00610 shall in no way affect or alter the liabilities of the Contractor to the Owner as set forth herein. 5.03 INSURANCE A. GENERAL: 1. EVIDENCE OF INSURANCE: Prior to execution of the contract, the Contractor shall file, with the Owner, evidences of insurance from the insurer, certifying to the coverage of the insurance required herein. The evidences of insurance shall be certified by a properly authorized officer, agent, general agent or qualified representative of the insurer, and shall certify the names of the insured, the type and amount of insurance, the location and operations to which the insurance applies, and the expiration date. The evidences shall include the agreement of the insurer to give, by registered mail, notice to the Owner at least 30 calendar days prior to the effective date of cancellation, lapse, or material change in the policy. This Certificate of Insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of the contract with respect to which this certificate is issued, the insurance afforded by the policies described herein is subject to the terms, exclusions and conditions of such policies. 2 . CANCELLATION OF INSURANCE: The Contractor shall deliver to the Owner policies of insurance and the receipts for payment of premiums thereon. Should the Contractor neglect to obtain and maintain in force such insurance. and deliver such policy or policies and receipts to the Owner, then the Owner may obtain and maintain such insurance. The Contractor hereby appoints the Owner his true and lawful attorney, to do the things necessary for this purpose. Money expended by the Owner under the provisions of this paragraph for insurance premiums shall be charged to the Contractor. Failure of the Owner to obtain such insurance shall in no way relieve the Contractor of his responsibilities under this contract. 3. INSURANCE LIMITS: The Contractor shall carry throughout the life of the contract, the insurance called for below in minimum limits as required by Section 00800, Special Provisions Insurance. B . PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall maintain during the 1 ife oft his Contract, Public Liability and Property Damage Insurance, acceptable to the Owner, 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 above. Three (3) certified copies for the policies or three (3) copies of a certificate evidencing the existence thereof shall be delivered to the Owner upon the execution of this Contract. Each such copy or certificate shall contain a valid provision or endorsement that the policy may not be canceled, terminated, changed or modified without first giving 30 days written notice to the Owner, which notice must be sent registered mail, return receipt requested, to the Owner. All Certificates of Insurance shall be provided to the Owner prior to the: undertaking of any Work by the Contractor. 00710-16 t . ,• • • • - 0 C. AUTOMOTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the I ife oft he Contract, Automotive Public Liability and Property Damage Insurance in limits not less than those specified above to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the Contract: (a) (b) (c) Contractor's own automobile and trucks. Hired automobiles and trucks. 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. The Owner shall be furnished, prior to undertaking any Work, three (3) copies of the certificate or certificates evidencing such insurance to be in effect. D. WORKER'S COMPENSATION INSURANCE: The Contractor and his subcontractors shall cover or insure under applicable under applicable laws relating to workers compensation or employers liability insurance, their employees, working on or about the construction site, regardless of whether such coverage or insurance is mandatory or merely elective under the law. The Contractor shall defend, protect, save harmless the Owner from and against claims, suits and actions arising from failure of the Contractor or the subcontractors to maintain such insurance. E. LIABILITY INSURANCE : Liability insurance shall indemnify the Contractor and his subcontractors against loss from liability, imposed by law, upon or assumed under Contract by the Contractor or his subcontractors, for damages on account of such bodily injury and property damage. The insurance shall also indemnify the Contractor and his subcontractors against losses related to completed operations and products. The insurance shall be provided by a comprehensive, broad form occurrence property damage liability policy written by licensed underwriters . The policies shall cover operations, owned and non-owned vehicles and equipment, Contractors protective coverage blanket, contractual liability, and completed operations liability. The liability insurance shall not exclude explosion, co llapse , underground ex1=avation, or removal oflateral support and shall include cross liability. The Owner, the City of Littleton, the design engineer/architect and their officers, principals, agents, subcontractors, and employees shall be named as insured on the liability policies. 1o twithstanding anything containe d herein to the contrary the requirements ofthis condition shall be noted on the certificate itself in lieu of the policy. The Owner, the City of Englewood, the City of Littleton , the design engineer/architect and their officers. principals, agents, subcontractors , and employees shall be added as additio nal insurcd's unde r Simplex Grinnell's insurance to the extent of Simplex GriMell's negligence . 007 10-17 ' . ... .. • • F. BUILDERS RISK: Contractor shall secure all-ri sk type of builders risk insurance covering work performed under th e contract. The policy shall cover not less than losses due to tire, flood, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke until the date of acceptance of the work . The policy may exclude loss or damage caused by or resulting from errors in design or from the use of substandard materials or supplies used knowingly by or at the direction of the insured, but not excluding results, physical loss, or .damage to other property covered hereunder. Neither exclusion shall apply in the event of tire, explosion, or acts of God. The maximum deductible allowable under this policy shall be $10,000. The policies providing this insurance shall name the Owner, the City of Englewood, the City of Littleton, the design engineer/architect, and their subconsultants as additional insureds as their respective interests shall appear. The making of progress payments to the Contractor shall not be construed as creating an insurable interest by or for the Owner or being construed as relieving the Contractor or his subcontractors of responsibility for loss or direct physical loss, damage or destruction occurring prior to acceptance. Notwithstanding anything contained herein to the contrary the requirements of this condition shall be noted on the certificate itself in lieu of the policy. The Owner, the City of Englewood, the City of Littleton, the design engineer/architect and their officers, principals, agents, subcontractors , and employees shall be added as additional insured's under Simplex Grinnell's insurance to the extent of Simplex Grinnell's negligence. PART 6--PROGRESS AND COMPLETION 6 .01 NOTICE TO PROCEED After execution of the contract by the Owner, written notice to proceed will be given by the Owner to Contractor. Notwithstanding other provisions of the contract. the · Contractor shall not be obligated to perform work, and the Owner shall not be obligated to accept or pay for work perfonncd by the Contractor, prior to date of the notice to proceed . The Owner's knowledge of work being pe rfo rm ed prior to date of the notice to proceed shcll not obligate the Owner to accept or pay for such wo rk. 6.02 CONTRA CT TIME A. GENERAL : Time shall be of the essence of the contract . The Contractor shall start the work after the dale of the not ic e to proceed within ten (10) days and shall prosecute the work so that the project shall be com pl ete within one hundred twenty (120) calendar days from the dale of such notice. Extension of time may be grant ed in accordance with the provisions of this contract. B. CONST RUC TION SCHED ULE: The Contractor shall furnish a Speci fic Date Construction Schedule for the pl'OiRSI of work . The Construction Manager or Arc hit ec t wi ll re view and acc ept the construction sched ul e. The 007 10-18 t -... .. . • • -- accepted construction schedule shall be updated at a minimum on a bi-weekly basis or when significant changes occur. C. CONSTRUCTION PROGRESS: The Contractor shall furnish such manpower, materials, facilities and equipment as may be necessary to insure the prosecution and completion of the work in accordance with the accepted schedule. If work falls 14 days or more behind the accepted construction schedule, due to the action or inaction of Contractor, the Contractor agrees that he will take some or all of the following actions to return the project to the accepted schedule. These actions may include the following: I . Increase manpower in quantities and trades (crafts). 2. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment, or any combination of the foregoing. 3. Reschedule activities. If requested by the Construction Manager or Architect, the Contractor shall prepare a proposed schedule revision demonstrating a plan to make up the lag in progress and insure completion of the work within the contract time. The proposed revision shall be submitted to the Construction Manager or Architect in accordance with Section 01330, Submittals. Upon receipt of an acceptable proposed schedule, the revision to the construction schedule shall be made. All actions to return the project to the accepted schedule are at the Contractor's expense. The Contractor shall pay all costs incurred by the Owner which result from the Contractor's action to return the project to its accepted schedule. Contractor agrees that Owner shall deduct such charges from payments due the Contractor. It is further understood and agreed that none of the services performed by the Construction Manager or Architect in monitoring, reviewing, and reporting project status and progress shall relieve the Contractor of responsibility for planning and managing construction work in conformance with the construction schedule. D . EXTENSION OF TIME: 1. A VOIDABLE DELAYS: In case the work is not completed in the time specified, including extension of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for those costs incurred by the Owner which are attributable to the fact that the work was not completed on schedule. The Owner may grant an extension of time for avoidable delay ifhe deems it in his best interest. If the Owner grants an extension of time for avoidable delay, the Contractor agrees to pay actual costs, including charges for engineering, inspection and administration incurred during the extension. 2. UNA VOIDABLE DELAYS : For delays which the Contractor considers to be unavoidab le , he hall submit to the Construction Manager or Architect complete information demonstrating the effect of the delay on the controlling operation in his construction schedule. The submission shall be made withi n 30 calendar days of the occurrence which is claimed to be responsible for the una oidable delay. The Construction Manager or Architect shall review the Contractor's 00710-19 ' ... .. • • 0 submission and detennine the number of days of unavoidable delay and the effect of such unavoidable delay on controlling operations of the work. The Owner agrees to grant an extension of time to the extent that unavoidable delays affect controlling operations in the construction schedule. During such extension of time, neither extra compensation or engineering inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and Owner that time extensions due to unavoidable delays will be granted only if such unavoidable delay involve controlling operations which would prevent completion of the whole work within the specified contract time. 3. DAMAGES FOR DELAYS: For the period of time that any portion of the work remains unfinished after the time fixed for completion in the contract documents, as modified by extensions of time granted by the Owner, it is understood and agreed by the Contractor and the Owner that the Contractor shall pay the Owner the amount of actual damages representing actual costs which the Owner suffers by failure of the Contractor to complete the work within the stipulated time. 4. ASSESSMENT OF DAMAGES. Owner shall not assess damages against Simplex Grinnell unless and until the Owner gives written notification of intent and basis of determination of amounts and degree or responsibility of Simplex Grinnell and all other Contractors. Such written notification must be given within a reasonable period of time after the occurrence for which the Owner seeks to assess damages, not to exceed ten ( l 0) days after the alleged event causing the damage. However, damages taken in the aggregate shall not exceed the Simplex Grinnell contract value. 6.03 SUSPENSION PROCEDURES The Owner may, at his convenience and at any time and without cause, suspend, delay, or interrupt all or any part of the work for a period of not more than 90 days by notice in writing to the Contractor. The Owner shall fix the date on which the work shall be resumed. The work shall be resumed by the Contractor within 10 days after receiving written notice from the Owner to do so. The Contractor will be allowed in increase in the contract price or an extension of contract time, or both, directly attributable to any suspension if he makes a claim therefore as provided in the paragraphs related to change of contract price and change of contract time. 6.04 TERMINATION PROCEDURES A . TERMINATION BY OWNER FOR DEFAULT: The Owner may terminate the contract upon 7 days written notice to Contractor and his surety whenever the Contractor is deemed to be in default or fails to fulftll, in a timely and proper manner, the co ntract obligations, or is in violation of any provisions or covCIWlts of the contract For purposes of this paragraph, the Contractor shall be deemed to be in default upon the occurrence of any one of more of the following events: l. If Co ntractor is bankrupt or insolvent. 2. If Contractor makes a gen ral assigrunent for the benefit of creditors. 3 . If a trust ee o r receiver is ppoimed for Contractor, or for any of Contractor's property. 00 10-20 ,. ' -.. ,• _,. • • ·• • • D 4. lf Contractor files a petition to take advantage of any debtor's act, or to reorganize under any bankruptcy chapter or law. 5. If Contractor repeatedly fails to make prompt payments to subcontractors or others for labor, materials, or equipment within thirty (30) days of receipt of payment from the Owner. 6. 7. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction. If Contractor disregards the authority of Construction Manager or Architect. 8. If Contractor violates in any substantial way the provisions of the contract documents by failing, neglecting, or refusing to proceed according to and in full compliance with the provisions and covenants of the contract documents. After termination of Contractor for default, the Owner may exclude the Contractor from the site and take possession of the work and all of the Contractor's tools, appliances, construction equipment, and machinery at the site and use the same to the full extent they could be used by the Contractor. The Owner may incorporate in the work all materials and equipment stored at the site or for which the Owner has paid the Contractor, but which are stored elsewhere. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect cost of the completed work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs incurred by the Owner shall be verified by the Construction Manager or Architect and incorporated into a change order, but in finishing the work. the Owner, will not be required to obtain the lowest figure for work performed. Where the Contractor's services have been so tenninated by the Owner, the termination shall not affect any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies due the Contractor by the Owner will not release the Contractor from liability. If the Owner terminates this agreement for default, and it is thereafter determined that the Contractor had not so failed to perform its obligations or defaulted in any way, the termination shall then be deemed to have been effected for the convenience of the Owner. In that event, any adjustment of compensation to Contractor shall be in accordance with paragraph 00710-6.04 B. B. TERMINATION BY OWNER FOR OTHER THAN DEFAULT: The Owner may, without prejudice to any other remedy it may have under the provisions of the contract, terminate this contract, in whole or in part, at any time by giving written notice to Contractor or its representative by certified mail, return receipt requested. Termination shall be effective upon receipt of such notice by Contractor. Contractor shall immediately discontinue work and take all reasonable steps with its sup pli ers and subcontractors to minimize cancellation charges an<L ther costs. 00710-21 ' .. ,• . . • • . . ·• • • 0 In t be event oft ermination for reasons other than default of Contractor, Contractor shall be entitled to recover all reasonable costs incurred in connection with performance of the work, plus any cost and expense reasonably and necessarily incurred in connection with such termination, plus a percentage of the profit based on the percentage of completion of the work. C. TERMINATION BY CONTRACTOR: If the work is stopped by order of a court, public authority or the Owner for a period of 90 calendar days or more through no act or fault of the Contractor, anyone employed by hin1 or his subcontractors, then the Contractor may terminate the contract 10 calendar days after written notice to the Owner. Upon receipt of the written notice, the Owner shall implement the procedures set forth in paragraph 00710-6.04 B. PART 7--PAYMENT 7.01 PAYMENTS TO CONTRACTOR A. GENERAL: I. PAYMENT REQUEST PROCEDURES: By the third day of each month, the Contractor shall submit to the Construction Manager a partial payment estimate filled out and signed by the Contractor covering acceptable work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Construction Manager, the Contractor shall provide such additional data as may be reasonably required to support the payment estimate. Such data may include satisfactory evidence of payment for equipment, materials and labor including payments to subcontractors and suppliers . Request for payment for delivered equipment and material shall be 'accompanied by certified invoices by the suppliers. Such equipment and material shall be suitably and safely stored at the site of the work. 2. REVIEW PROCEDURES: Within 10 days after receipt of the partial payment estimate, the Construction Manager will review the estimate and either indicate in writing to the Owner's Representative his concurrence with the estimate and his recommendation that payment be made, or indicate in writing to the Contractor his reasons for not concurring with the estimate. If the Construction Manager recommends payment and the Owner's Representative concurs, the Owner will, within 30 days after receipt of the Construction Manager's recommendation, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The payments will take into account the retention provisions provided for herein . 3 . RETENTION : The Owner shall retain a percentage of each payment except as specified below . The retained amount is available for the protection and payment of the person, or p ersons, mechanics , subcontractors, or materialmen who shall perform labor upon the co ntract o r work thereunder, and persons who shall supply such person, or persons, or subcontractors with com ponents and supplies for carrying on such work . The Owner shall retain five (5) percent of each progress payment. 00710-22 t .. • • B . FINAL PAYMENT: 0 0 . The Owner will make final payment to the Contractor in the manner provided by law following the expiration of 30 calendar days after acceptance of the work, proper filing of the notice of completion, and advertising notice of final payment by the Owner providing no liens or claims are outstanding. Final payment shall include the entire sum found to be due hereunder after deducting other lawful amounts as the terms of this contract describe. Prior estimates and payments, including those relating to extra work or work omitted, shall be subject to correction by the final payment. Acceptance by the Contractor of final payments shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts that may be specifically excepted by the Contractor for things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. Payment by the Owner shall not release the Contractor or his surety from any obligation under the contract or under the performance, payment, and maintenance bond(s). 1. FINAL PAYMENT REQUEST PROCEDURES: By the third day of the month following completion on the project, the Contractor shall submit to the City of Englewood a final payment request filled out and signed by the Contractor covering acceptable work performed. If requested by the Owner, the Contractor shall provide such additional data as may be reasonably required to support the final payment request including but not limited to lien waivers. Such data may include satisfactory evidence of payment for equipment, materials and labor including payments to subcontractors and suppliers. C . WITIIHOLDING: The Owner may refuse to recommend the whole or any part of any payment to protect the Owner from loss as a result of: 1. Defective or damaged work. 2. A deductive change order. 3. Persistent failure of the Contractor to perform the work in accordance with the contract documents, including failure to maintain the progress of the work in accordance with the construction schedule. Persistent failure to maintain the progress of the work shall mean that for a period of two consecutive months following a written notice from the Construction Manager or Architect, the Contractor fails to correct a behind-schedule condition at a rate that would reasonably indicate that he will finish the project on schedule. 4. Disregard of authority of the Construction Manager or Architect or the laws of any public body having jurisdiction. The Owner may refuse to make payment of the full amount recommended by the Construction Manager or Architect because of claims made against the Owner on account of Contractor's performance or furnishi ng the: work or because liens have been filed in cormection with the work or there are other items entitl.ing Owner to reduce the amount recommended. In such case, the Owner h II gi ,·e ontractor prompt written notice w1th py to the Construction Manager or Architect stating the re ns fi r h a .. tion. 10-23 ' ... .. . . • • •• • • D . STOP PAYMENT NOTICES: The City of Englewood, by and through the Construction Manager or Architect, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq of the Civil Code. 7.02 CHANGE ORDERS A. GENERAL: The Owner may at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to the following changes: 1. In the specifications (including drawings and designs). 2 . In the method or manner of performance of the work. 3. In the Owner-furnished facilities, equipment, materials, services, or site. 4 . Directing acceleration in the performance of the work. Any other written order or an oral order (which tenns as used in this paragraph shall include direction, instruction, interpretation, or determination) from the Owner, which causes any such change, shall be treated as a change order under this clause, if the Contractor gives the Owner written notice stating the date, circumstances, and source of the order and if the Contractor regards the order as a change order. Except as provided in this clause, no order, statement, or conduct of the Owner shall be treated as a change under this clause or shall entitle the Contractor to an equitable adjustment. If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an, equitable adjustment shall be made and the contract modified in writing accordingly. However, except for claims based on defective specifications, no claim shall be allowed for any costs incurred m ore than 2 0 days before the Contractor gives written notice as required. Also, in the case of defective s pecifi cations for which the Owner is responsible, the equitable adjustment shall include any increased c ost reasonably incurred b:Y the Contractor in attempting to comply with such defective specifications . If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 30 d ays after receipt of a written change order or the furnishing of a written notice, submit to the Owner a w ritten state me nt setting forth th e general nature and monetary extent of such claim, unless the Owner ex tends this peri od. The statement o f claim hereunder may be included in the notice. o claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment. 00710-24 ' .... .. • • -- 0 B. EXTRA WORK: Extra work means the providing of materials and equipment and the performing of work not directly or by implication called for by the contract. Changes in quantity under a unit price contract or item shall not be considered extra work. If the Owner requires extra work he may (1) do it himself, (2) employ others to do it, (3) direct the Contractor to perform the extra work at a mutually agreed upon lump sum, or (4) direct the Contractor to perform the extra work on a time and expense basis. C. OMITTED WORK: The Owner may, by written order to the Contractor, omit work, equipment and material to be provided under the contract, and the value of the omitted work, equipment and material will be deducted from the contract price. The deducted value will be a lump sum or unit price agreed upon in writing by the Contractor and Owner based on breakdown and cost information submitted by the Contractor. D . LUMP SUM CHANGE ORDERS: Whenever practicable, changes in contract price resulting from extra work will be determined by a mutually agreed upon lump sum price. The Contractor's proposal for such changes shall include a detailed breakdown of labor and materials to be performed by his forces or the forces of his subcontractors or material supplier. The breakdown shall include labor surcharge and sales tax cost. Whenever the Owner requests that the Contractor prepare a lump sum price in connection with the change order, the Contractor shall be entitled to the costs incurred in the preparation of that price whether or not the lump sum amount is finally accepted by the Owner. Such costs will be incorporated in the lump sum amount. lfthe change involves extra work to be performed entirely by the Contractor, compensations for such extra work shall be based on the direct costs as listed in the detailed proposal plus 1 percent of such direct costs for bond. When the extra work involves subcontractors and material suppliers, compensation for such work shall be based on direct costs as listed by the subcontractor or material supplier plus 1 S percent of such direct costs for the subcontractor's or supplier's overhead and profit. The Contractor may add 5 percent to the subcontractor or material supplier's proposal for overhead and profit, and I percent for bond. The above allowances for overhead and profit shall include full compensation for overhead, including superintendence and additional overhead attributable to a time extension granted because of the change order. When the change order involves work omitted, the reduction of the contract price shall be based on the direct costs listed in the detailed proposal submitted by the Contractor. An additional reduction may be made of an amount which can be identified as reduced overhead costs attributable to the work omi tted . No reduction will be made for profit originally attributable to the omitted work. 7 .03 CHARGES TO CONTRACTOR E erything charged to the Contractor under the terms of this contract shall be paid by the Contra tor to the Owner on demand. Such charges may be deducted by the Owner from money due or to bee me due to the Contractor under the contract. The Owner may recover such charges from the Contra tor or from his surety. 00710-25 ' .. • • 7.04 COMPENSATION TO OWNER FOR TIME EXTENSION The Owner, in exchange for granting an extension of time for avoidable delay, shall be compensated by the Contractor for the actual costs to the Owner of engineering, inspection, general supervision and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension. The actual costs do not include charges for final inspection and preparation of the final estimate by the Owner. 7.05 ACCEPTANCE OF THE WORK PROJECT Upon completion of the work, including portions of the work previously accepted as substantially complete, the Contractor shall so notify the Construction Manager or Architect in writing. Upon receipt o ft he notification, the Construction Manager or Architect will determine if the work conforms to the terms of the contract If he finds materials, equipment, or workmanship which do not meet the terms of the contract, he shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Construction Manager or Architect shall notify the Owner that the work has been completed in accordance with the contract Final ,determination of the acceptability shall be made by the Owner. Upon acceptance of the project, the Owner shall immediately file a notice of completion. For portions of the project not previously accepted as substantially complete, the conditions of guarantee shall commence on the date that the Owner files a notice of completion. ••END OF SECTION•• 00710-26 SECTION 00800 SPECIAL PROVISIONS INSURANCE A. Insurance Limits : The Contractor 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 Minimum Limits $1,000,000 $1,000,000 Minimum Limits $1 ,000,000 $1 ,000,000 B. Public Liability and Property Damage Insurance: The Contractor 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 . C. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance . Thi~ insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims aris ing from the use of the following in the execution of the work included in the contract: (I) Contractor's own automobile and trucks . (2) Hired automobiles and trucks. (3) Automobiles and trucks not owned by the Contractor. Such insu rance shall cover the use of automobiles and trucks both on and off the site of the project. t .. • • D. Workers Compensation : The Contractor 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 D0LLARS($500,000) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee . · E. Liability: The Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, in any way resulting from or arising out of the operation in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Contractor or his sub-contractors. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued . The completed Certificate of Insurance shall be sent to: Purchasing Division City of Englewood 2800 So. Platte River Or. Englewood , CO 80110 ""END OF SECTION"" t .· ; • • SECTION 00810 RECEIPT, RELEASE, WAIVER OF CLAIMS JOB DESCRIPTION: THE UNDERSIGNED ACKNOWLEDGES having received payment from in the sum of _(_$-----------------------Dollars ) for the job above described. In consideration of said payment, the undersigned acknowledges and affirms that all work, labor, and materials furnished, delivered, or performed to or for said above described job were in fact furnished, delivered, or performed by the undersigned or his agent, employees and servants, or by and through subcontractors or materialmen or their agents, employees and servants. The undersigned further affirms that the attached receipts and releases represent payment in full and release in full of all and any existing or possible future claims or rights against said construction and premises and any money in the hands of the City of Englewood appropriated or set apart for payment of all or any of said work, labor, skill and materials. Signed STATE OF COUNTY OF (Name of entity including corporate name) Title: ss . The foregoing was acknowledged, subscribed, and sworn to before me t h i s __ day of 20 by a s ~~~~~~~~~~~~~~~~~- My Co mm i s sion expires : Notary Public Address: .. • • PART 1--GENERAL 1.01 DESCRIPTION SECTION 01060 SAFETY AND HEALTH Workers at the treatment plant are exposed to wastewater of varying degrees of treatment and related health and safety hazards. The Contractor certifies that he/she is experienced and qualified to anticipate and meet the safety and health requirements of this project. The L/E WWTP management requires all Contractor's employees, including subcontractors, working on-site to comply with the established safety and health policies and practices of the L/E WWTP and the City of Englewood. 1.02 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with Safety and Health Regulations for Construction, promulgated by the Secretary of Labor under Section 17 of the Contract Work Hours and Safety Standards Act, as set forth in Title 29, Code of Federal Regulations (C.F.R.). Copies of these regulations may be obtained from Department of Labor, Labor Building, 200 Constitution Avenue N.W., Washington, D.C. 20210. Information may also be obtained from the Department of Labor website at http://www.dol.gov/ The Contractor shall also comply with the provisions of the Federal Occupational Safety and Health Act, as amended. The Safety and Health Policies and Practices of the L/E WWTP and City of Englewood are available upon request from the L/E WWTP Safety Officer/Administrator. **END OF SECTION** 01060-1 t • • SimplexGrinne/1 6240 Smith Road Denver, CO 80216 (303) 355-0500 TO: Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood , CO 80110 SimplexGrinnell Quotation FAX: (303) 355-0615 www .simplexgrinnell .com Project: L E WWTP Security Upgrade Customer Reference: SimplexGrinnell Reference : 419404212 Date: 01/05104 Page 1 of1~ SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION CCTV Headend Equipment CCTV Headend Equipment D60031 D-048R INTI.X DLX3.1 16CH 480GB RK MNT AD9615V LCD CLR 15" WMDEO&VGA INPUTS AD9615RK LCD RACK MNT KIT FOR AD9615V AD9615PS AD9615V PWR SUPPLY,120VDC,3A VR48KB MATRIX SWITCH MP48 W/2088 KYBD VR48RKIT MATRIX SWITCH MP48 RACK KIT AD9517B MONITOR CLR 1r 750 TVL DPSEC 19 INCH RACKS DPCCVE WIRE, CONNECTORS, MISC SUPPL DPFA UPS BATTERY BACKUP Net selling price for CCTV Headend Equipment, FOB slaippia1 point, 532,360.00 CCTV site equipment Camera site equipment RAS9170PCW RHOWPA POC474L5 PAPM3 I/NCW474S ALTV244WP ALTV248 515R1 51FP-2 51FP-1 S731DVR-RST2 S731DVT-EST2 S700VR-RST SiOOVT-MST DPCCVE DPSEC DOMEKIT UL TVII ON, LWALL.EHSGC DOME MNT POLE ADAPTER CAM. PKG.(CLR CAM,OTOR HOUSING POLE MOUNT C/L VP CAM W/SDII (SURF MNT) 24VACQ7.25AMP MAX,4 FUSED OUTP 24VACQ<CAMP MAX,8 FUSED OUTPUTS CARO CAGE, 15 SLOTS W/PS PF48 CARO CAGE FILLER PANEL, 2 SLOT CARO CAGE FILLER PANEL 1 SLOT DIG VIDEO RX, MPO DATA, RACK DIG VIDEO RX. MPO DA TA. CAN VIDEO RX. RACK VIDEO TX, MINI CAN WIRE. CONNECTORS . MISC SUPPL LIFT RENTAL -HIS UOTAT ION .IND .\NY ~ESUL71NG CO NTRAC7 SHAL!. 31!: SUBJEcr-o i HE GENllW. 7!11111 MIO CONDmONI ATTAQIED Hl!IIIETO. Fire. Secumy, :::::.:immumcations. S ain d. 3erv~ ~ffi""" i ~..n,,.,.,,n,,.r,v•" ,n ;:>ri nr:1nAI r::1;.._,. rhrn11nhn11t Nnnh ~m'""r." .. t .• • • SimplexGrinne/1 Project: L E WWTP Security Upgrade Customer Reference : QUANTITY SimplexGrinnell Reference : 4 19404212 Date : 01/05/04 Page2 offf SimplexGrinnell Quotation MODEL NUMBER DESCRIPTION Net selling price for CCTV site equipment, FOB shipping point, 527,950.00 1 1 1 1 1 1 3 1 100 1 Access Control Headand Access Control Headend CC800/5 CCS00-906 CC800..STENT C800-NETVUEI CC800-IDB M9005-724 M9005-751 M9004-566 1386LGGMN-S12906 DPAC CC800/5 CC800,5 BND SYS CCS00-906 8PT SRUO BO W/CN BX ccaoo STENOFON SER OPT CC800-NETVUEI NETVUE INTELLEX CCURE ID BADGING BUNDLED Rio 1 SIDED COLOR CARD PRNTR LC1/D COLOR DYE FILM YMCKO CLEANING KIT (100 CARDS/6 PENS ISOPROX11 PLAIN WHT B/SIDES REMOTE WORKSTATION Net selling price for Access Control Headend, FOB shipping point, 553,685.00 1 1 1 1 13 13 1 5 6 1 1 2 1 1 6 3 4 a 6 1 2 Accea Control Sita Equipment Access Control Site Equipment STAR016W-16 STAR016W-16 ACM8W,2-16RD 16MB AS0063-00 AS0063-00 BA TT BACKUP ,PS AS0073-00ll AS0073-000 APC 8 RD INP BUS MD AS0074-000 AS007'4-000 RM OUTPUT FINL ASSY RM-4 RM-4 RDR PERSONALITY MODE 131-912 131-912 AUX RDR MOD -MRM/RM AM-WOR ACPOOn7-WIEGAND OTPUT RECEIVE MDT-18 ACP00n1 -DLX 1-CH HAND HELD 5375AGNOO..S1291 MAXIPROX EXT RANGE READER 5365EGPOO GREY MINIPROX RDR W/ PIGTAIL 5455BKNOO-S1 2 91 PROXPRO II BLACK RDR 18" PIGTA 5395CK100 THINLINE II SWPLT RDR BLACK DS1501 REQUEST TO EXIT SENSOR G~Y 1087T-G -SFC TERMINAUSPDT GRY SMP -7WP SMP-7 WP NEMA -4 UL CABW/TRANS BPS-24-1 POWER SUPPL V 2-4 VDC-1 AMP DPSEC ELECTRIC LOCKS AND INSTALL S7 11 D-EST2 Mf'O HI-PER DATA TCVR , CAN S71 10-RST2 MPO HI-PERF DATA TCVR , RACK PWR-PC50 15NK POWER 832 8 ZONE CNTL PANEL PWR -LC0-55002 PWR 32 CHAR LCD KEYPAD M 1SC KITACCKIT7 7 .~ 3ATT . -40VA XFMR . 1ffl SIR 3040-W Sur1M nt PanicSw1SP!JT-latc:iL:iJ :=:re . 3ec:smv . -:.Jmmumcauons. Sal• a. 3erv1ca :ffices J Reoresentauves .n ::-inc:pai ';ues :hrougnout 'llollll menca ,. ' .. .· .. • • (J SimplexGrinnell Project: LE WWTP Security Upgrade Cus tomer Reference: QUANTITY 3 1 SimplexGri nnell Re feren ce: 4 1940421 2 Date : 01 /05/04 Page 3of/f SimplexGrinnell Quotation MODEL NUMBER DPFA DPAC DESCRIPTION CUSTOM PEDESTALS WIRE, CONNECTORS , MISC SUPPLY Net selling price for Access Control Site Equipment, FOB shipping point, $62,880.00 Stentofon Intercom Stentofon Intercom ACC36/06/1 7072 MOW-80 94001 62927 62991 92B60F 92860M 92847 92890 99702 DPS AlphaCom-M Exchange Desk Master w/Disp Rcptcle, B Pin Mod Flush PNCI Telephone Interface Weather Res Sub, Red But Weather Resistant Box ACC Field End Fiber ACC Exchange End Fiber 19" Rack w/4 positions 12VAC Supply for 12 Unit Remote Cont 6 Relay Brd WIRE, CONNECTORS, MISC SUPPLY Net selling price for Steatofon Intercom, FOB slaippia1 point, 532,170.00 3 1 Mlacall-.ous Construction Miscellaneous Construction DPSEC POLES , PADS AND INSTALLATION DPAC ELECTRICAL, TRENCHING, NEMA EN Net selling price for Miscellaneous Construction, FOB shipping point, $29,885.00 Total net sellin g price, FOB s hippin g point, 5238,930.00 Co mm enis This quote is for the secunty and communicati ons system s for Li ttleton/Eng lewood W astewater Treatment Plant loca ted at 2900 S. Platte River Dri ve in Englewood . Colorado . Please see ind,vtdual system quotes for specific :nclus1ons and exc!usions to this quote . Thi s quo te 11 inclusive of :he CCTV headeno equ 1oment. CCTV site equipment. Acce ss Contr0I head end cauioment. /loccess ontrcl s,te equ,cment . Intercom c ommunica11 o ns system and all ,11 scell anecus con strucuon items. This ouote tncluces ail laoor !or a complete an d ooera11onal system as Jesc:ioea n aac:'l ;jf :h e in o1v1cua1 system :iuotes t see attacnment ._,,_ ... -,,s Jucte axc:udes ·axes. ·:oV AC :iower 'iberoonc cao li ng ano connec:1ons . :eleohone 39N1ce. =·re 3ec:mtv, ::.)mmumc:iuons. Sa1es l Serv1ca • ,c_s ' ~ or !en auves ,n ~.,n c·ca1 i:.ues :nrcugnout North .i.menca ' .... .. • • SimplexGrinnell Project: L E WWTP Security Upgrade Customer Reference: QUANTITY SimplexGrinnell Reference : 419404212 Date: 01/05/04 Page4of/'/ SimplexGrinnell Quotation MODEL NUMBER DESCRIPTION Comments (continued) patching or painting, gate controllers, ethemet data ports or associated devices (switches, hubs, routers, etc.) or any miscellaneous equipment not specifically related to the projects as defined in the individual system quotes (see attachment "A"). =:re . 5ecumv . :.::mmumc3nons. Sales d. .Serv1c9 -=:!flees .~ ~eoresentauves n ::innc:oa1 c:ties ,hrougnout North Amenca • ' .. • • SimplexGrinnell 6240 Smith Road Denver, CO 80216 (303) 355-0500 ATTACHMENT "A" TO : SimplexGrinnell Quotation FAX: (303) 355-0615 www.simplexgrinnell.com Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood, CO 80110 Project: CCTV Headend Equipment Customer Reference: SimplexGrinnell Reference: 419404212 Date: 01/05/04 Page 1 of 11 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION CClV Headend Equipment CCTV Headend Equipment D60031D-04BR INTL.X DL.X3.116CH 480GB RK MNT AD9615V LCD CLR 15" WMDEO&VGA INPUTS AD9615RK LCD RACK MNT KIT FOR AD9615V AD9615PS AD9615V PWR SUPPLY,120VDC,3A VR48KB MATRIX SWITCH MP48 W/2088 KYBD VR48RKIT MATRIX SWITCH MP48 RACK KIT AD9517B MONITOR CLR 1 r 750 lVL DPSEC 19 INCH RACKS OPCCVE WIRE, CONNECTORS, MISC SUPPL OPFA UPS BATIERY BACKUP Total net seWng price, FOB shipping point, S32,3~0.00 Comments This quote is for the CCTV head-end equipment for Littleton/Englewood Wastewater Treatement P lant at 2900 S . Platte River Drive in Englewood , Colorado. The CCTV head-end will consist of one 16-channel digital recorder, one MP48 matrix switcher, one keyboard camera controller, one LCD VGA monitor, one composite v ideo monitor, one 19" rack, miscellaneous patch cables, connectors, wire, as well as all labor necessary for installation, testing and customer training . The head-end equipment will be installed in the Operations Storage Room . This quote excludes t axes, 120VAC power and fiberoptic cabling and connections. This quote includes all listed equipment, wire, conduit (wh ere required), 120VAC power connections (excluding new breaker panels), coordination between trades, labor, programming, fin al system test and customer training . -,u s )UO A il.:lN .. NO NY 'lESUl 71NG .O NTRAC. HAL 3! ,uBJw.-o "Ill! 3ENEIW. '"llllll AND CONCIT!OIII ATTACHED ll!lt!TO. =·re. 3ecunty, O:.:immumc:n1cns . 3ales di Se,v1ce ,~ffif'Act i ;;Anr acon,s-Y n,•ct ":ln"'r'"''"'* ·-'•DC' k ....... , ... .,.,....,. ,,.,.._ ... "'----- ,. t ..• .. . • • 0 ·• • • SimplexGrinne/1 6240 Smith Road Denver, CO 80216 (3 03 ) 355-0500 ATTACHMENT "A" TO: Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood, CO 8011 O SimplexGrinnell Quotation FAX : (303) 355-0615 www.simplexgrinnell.com Project: CCTV site equipment Customer Reference: SimplexGrinnell Reference: 419404212 Date: 01/05/04 Page 1 of 11 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER CCTV site equipment Camera site equipment RAS9170PCW RHOWPA POC474LS PAPM3 WVCW474S ALTV244WP ALTV248 515R1 51FP-2 51FP-1 S731 DVR-RST2 S731DVT-EST2 S700VR-RST S700VT-MST DPCCVE DPSEC DESCRIPTION DOMEKIT ULTVII ON, LWALL,EHSGC DOME MNT POLE ADAPTER CAM . PKG.(CLR CAM,OTDR HOUSING POLE MOUNT C/l VP CAM W/SDII (SURF MNT) 24VAC@7.25AMP MAX,4 FUSED OUTP 24VAC@4AMP MAX,8 FUSED OUTPUTS CARD CAGE, 15 SLOTS W/PS PF48 CARD CAGE FILLER PANEL, 2 SLOT CARO CAGE FILLER PANEL. 1 SLOT DIG VIDEO RX, MPD DATA, RACK DIG VIDEO RX, MPD DATA, CAN VIDEO RX. RACK VIDEO TX, MINI CAN WIRE, CONNECTORS, MISC SUPPL LIFT RENTAL Total oet selling price, FOB shipping point, $27,950.00 Comments This quote is for the CCTV site equipment for Littleton/Englewood Wastewater Treatment Plant located at 2900 S . Platte River Drive in Englewood , Colorado . The CCTV site equipment will consist of three outdoor pan-tilt-zoom (PTZ) domes mounted on poles located at the entry gates, one outdoor fixed camera (mounted below PTZ) located at the septic receiving area , one fixed camera in a protective housing located at the main entry to the Administration building, all assoc iated mounting hardware, power supplies, fiberoptic tr.nsmitters and receivers, wire, connec:ors. miscellaneous installation equipment, as well as all labor necessa,y for installation, testi ng and customer training. Thi s ouote excludes taxes. 120VAC power, snd fi beroptic cabling and connections . -:-::,s oucte :nc!uces the :isled eau1omen1 . N1re , ::o nau1t 'wnere reau1redl , 12CVAC ocwer ;onnec:,ons exc!uding new creaker ;>anels ana service), ::ocrdlnalion cer.veen uaoes, 'acer. oro;ramm,ng, :inal sy stem :est ana cu stcmer ;raan,ng. -'IS JUCTA TI ON ANO .-NY ~ESU L 71 NG CONTRACT :HALL 3E 3U9JEC7 -o ri E ,EHE!UL :RMS ,\NO C:l NO ITIO NI ,\ TTACli ED HERETO Fi re. Securny, ::Jmmumcauons. 3ales J. .3erv,cs ' .. • • 0 SimplexGrinnell 6240 Smith Road Denver, CO 80216 (303) 355-0500 FAX: (303) 355-0615 www.simplexgrinnell.com ATTACHMENT "A" SimplexGrinnell Quotation TO : Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood, CO 8011 O Project: Access Control Headend Customer Reference : SimplexGrinnell Reference: 419404212 Date: 01/05/04 Page 1 of 11 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY 1 1 1 1 1 1 3 1 100 1 MODEL NUMBER Access Control Headend Access Control Headend CCd00/5 CCB00-906 CC800-STENT C800-NETVUEI CC800-1DB M9005-724 M9005-751 M9004-566 1386LGGMN-512906 DPAC DESCRIPTION CC800/5 CC800 ,5 BND SYS CCB00-906 8PT SRUO BO W/CN BX CC800 STENOFON SER OPT CC800-NETVUEINETVUEINTELLEX CCURE ID BADGING BUNDLED Rio 1 SIDED COLOR CARD PRNTR LC1/0 COLOR DYE FILM YMCKO CLEANING KIT (100 CARDS/6 PENS 1SOPROX11 PLAIN WHT B/SIDES REMOTE WORKSTATION Total net selling price, FOB shipping point, 553,685.00 Comments This quote is for the access control head-end equipment for Littleton/Englewood Wastewater Treatment Plant located at 2900 S. Platte River Drive in Englewood, Colorado. The The Access Control head-end will consist of one access control server ·bundled with the C-Cure 800 software (i ncludes software i ntegration of CCTV and Intercom systems, integrated site maps with GUI icons and control capability, custom report generation), two operator interface workstations (one workstation will be set up with badging station equipment including camera, capture card, PVC card badge printer and badging software), one-hundred proximity cards for badging, patch cables, connectors, miscellaneous i nstallation equipment, as well as all labor necessary for installation, test in g and customer training. This quote excludes taxes, 120VAC power, ethemet ports for server, workstations and control panels, and fi beroptic cabling and connections. This quote includes the li sted equipment. wire , conduit (where required), 120VAC power c:::nnec:ions excluding ew oreaker panels and service), cocrdination between trades, labor, prcgramm1ng, final system test ana customer :raining . --i s ~ OTATIO N .:NO NY ~ESUL7 NG CONTRAC7 SHALL 3! 3UIJ!c-o-He E!IE.'IAL 7E11MS ANO CC NOITIONS ~TrAC:tED HE!tETO. :;re. 3ec:m:v, .::immun1c3nons. 3ales 3. 3erv1ce --. ' .· .. .. • • SimplexGrinnell 6240 Smith Road Denver, CO 80216 (303) 355-0500 ATTACHMENT "A" TO : Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood , CO 80110 SimplexGrinnell Quotation FAX: (303) 355-0615 www .simplexgrinnell .com Project: Access Control Site Equipment Customer Reference: SimplexGrinnell Reference: 419404212 Date: 01/05/04 Page 1 of/.'~ SlmplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY 1 1 1 1 13 13 1 5 6 1 1 2 1 1 6 3 4 6 6 1 1 1 2 3 1 MODEL NUMBER DESCRIPTION Access Control Sita Equipment Access Control Site Equipment STAR016W-16 STAR016W-16 ACMBW,2-16RD 16MB AS0063-00 AS0063-00 BATI BACKUP.PS AS0073-000 AS0073-000 APC 8 RD INP BUS MD AS0074-000 AS0074-000 RM OUTPUT FINL ASSY RM-4 RM-4 RDR PERSONALITY MODE 131-912 131-912 AUX RDR MOO -MRM/RM AM-WOR ACP00727-WIEGAND OTPUT RECEIVE MDT-1B ACP00721 -OLX 1-CH HANO HELD 5375AGNOO-S1291 MAXIPROX EXT RANGE READER 5365EGPOO GREY MINIPROX RDR W/ PIGTAIL 5455BKNOO-S1291 PROXPRO II BLACK RDR 18" PIGTA 5395CK100 THINUNE II SWPLT ROR BLACK DS1501 REQUEST TO EXIT SENSOR GRAY 1087T-G SFC TERMINAL/SPOT GRY SMP-7WP SMP-7 WP NEMA 4 UL CASW/TRANS BPS-24-1 POWER SUPPLY 24 VDC-1 AMP DPSEC ELECTRIC LOCKS AND INSTALL S711D-EST2 MPD HI-PER DATA TCVR, CAN S711D-RST2 MPD HI-PERF DATA TCVR, RACK PWR-PCS015NK POWER 832 8 ZONE CNTL PANEL PWR-LCD-5500Z PWR 32 CHAR LCD KEYPAD MISCKITACCKIT7 7 AH BATI, 4WA XFMR , 15W SIR 3040-W SurfMnt PanicSw/SPDT -LatchLED DPFA CUSTOM PEDESTALS OPAC WIRE. CONNECTORS, MISC SUPPLY Total net selling price, FOB sbippin1 poiat, S62,888.00 -his OUOTATI ON ANO ANY ~ESUL71NG CONTRA~ SHAU 3E SU IIJEc-:--o ,HE ·lEHEIIAL -!1111. ANO CO NDffiONI ATTAC:iED HERETO. ?ire, Secumy, .:.Jmmunicauons. 3a1e1 ~ a«v1ce ... .. .. SimplexGrinnell ATTACHMENT "A" Project: Access Control Site Equ ipment Customer Re ference: SimplexGrinnel.l Reference: 419404212 Date: 01/05/04 Page 2of 4 SimplexGrinnell Quotation QUANTITY MODEL NUMBER DESCRIPTION Comments This quote is for the access control site equipment for Littleton/Englewood Wastewater Treatment Plant located at 2900 S. Platte River Drive in Englewood, Colorado. The Access Control site equipment will consist of one 16 reader access control panel located in the Administration building . The access control panel will communicate with the access control head-end equipment via existing LAN . The access control panels will communicate with all field devices via fiberoptic cabling. All power for the field devices will be located at each device location or in the same general area to reduce the amount of copper cabling required . The field devices will consist of proximity readers at each gate entry mounted to dual height custom pedestals, proximity readers at the man gates located in the west fence as well as the man gate between UE WWTP and the Englewood Service Center, one card reader at the main entry, gate control interface, five wireless transmitters programmed to operate one wireless receiver for the gate operator at the north receiving gate, electric locks, power supplies, request to exit devices, Input/output modules, door position switches, two emergency contact stations (1 at front de~k and 1 in laboratory) interfaced to intrusion detection system with Integrated dialer for 2417 communications to third party monitoring center, wire, conduit, connectors, miscellaneous Installation equipment as well as all labor necessary for installation, testing and customer training. This quote excludes taxes, 120VAC power, and fiberoptlc cabling and connections. his quote includes the listed equipment, wire; conduit (where required), 120VAC power connections (excluding new breaker panels and service), coordination between trades, labor, programming, final system test and customer training. =:re. Secuntv, Commumcations. Sales & Service ...,ffices J. ~eoresema11~es 1n Pnnc1oal Citi es :hrouonout North Amenca ·, ,·--. t,_J . SimplexGrinnell 6240 Smith Road Denver, CO 80216 (303) 355-0500 ATTACHMENT "A" TO: SimplexGrinnell Quotation FAX: (303) 355-0615 www. simplexgrinnell . com Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood , CO 80110 Project: Intercom Communications System Customer Reference : SimplexGrinnell Reference: 419404212 Date: 01/05/04 Page 1 of 11 Sim plexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER Stentofon Intercom Stentofor. Intercom ACC36/06/1 7072 MOW-80 94001 62927 62991 92B60F 92860M 92847 92890 99702 DPS DESCRIPTION AlphaCom-M Exchange Desk Master w/Disp Rcptcle, 8 Pin Mod Flush PNCI Telephone Interface Weather Res Sub, Red But Weather Resistant Box ACC Field End Fiber ACC Exchange End Fiber 19" Rack w/4 positions 12VAC Supply for 12 Unit Remote Cont. 6 Relay Brd WIRE, CONNECTORS, MISC SUPPLY Total oet selling price, FOB shipping point, S32,170.00 Comments This quote is for the intercom communications system for Littleton/Englewood Wastewater Treatment Plant located at 2900 S . Platte River Drive in Englewood, Colorado . The intercom communications system will consist of three weather resistant call boxes located at the gate entry areas (mounted to the custom pedestals provided in the access control site equipment), one weather resistant call box located at the main entry vestibule, one desk master station located at the reception desk, one AlphaCom exchange with telephone interface and relay outputs, four fiber optic transmitters and receivers for communication to the exchange (including associated rack mounted card cage for receivers), wire, connectors, miscellaneous installation materials as well as all labor necessar/ for installation, testing, and customer training . This ccmmunication system will interface to a dedicated telephone line (or through existing PBX) for remote communications to a dedicated phone outside of normal business hours or whenever activated by U E WWTP personnel. Thi s auote excludes taxe s. 120VA C ;,ower, POT S line irom existing PBX. and fl beroptic caoling an o c onnec:ions. 7 his aucte incluoes :he li sted -!<luioment . N1re . co nau1t \wnere reou irea), 1ZOVAC power :onnec:ions {exc!uaing ,ew ::irea ker ;ianels ano servi ce), cooraination between traces . 'aoor, ~rcgramming, ·inal sys tem :est an d c:.istcmer :raining . "11 S :JU OTA TI ON AN D .-NY is ESUL71 NG CC NTRAC7 SHA LL 3E SUBJEc-:--o riE GENERAL 7E RMII AND CONDITIONS ATTACHED HEREiO. =i re. Security , :ommunic3tions. Sales ,\ 3ervlca ' ,• t • • SimplexGrinnell 6240 Smith Road Denver, CO 80216 (303) 355-0500 ATTACHMENT "A" TO : SimplexGrinnell Quotation FAX : (303) 355-0615 www.simplexgrinnell.com Littleton/Englewood Wwtp 2900 S Platte River Dr Englewood, CO 80110 Project: Miscellaneous Construction Customer Reference : SimplexGrinnell Reference: 419404212 Date: 01/05/04 Page 1 of! I SimplexGrinnell is pleased to offer for your consideration this quotation for the above project QUANTITY 3 1 MODEL NUMBER DESCRIPTION Mlscellaneous Construction Miscellaneous Construction DPSEC POLES, PADS ANO INSTALLATION DPAC ELECTRICAL, TRENCHING, NEMA EN Total net selling price, FOB shipping point, $29,855.00 Comments This quote is for the miscellaneous construction Items for LitUeton/Englewood Wastewater Treatment Plant located at 2900 S. Platte River Drive in Englewood, Colorado. This quote is for the miscellaneous construction items necessary to accommodate tl:le installation of the various security and communications systems. This quote includes, but is not limited to, three new poles (for CCTV cameras), concrete pads for new CCTV poles, concrete work at each gate controller location, weatherproof enclosures, conduit, trenching, electrical work including wire and connectors for utilizing existing power at each gate controller location, staging, construction and project management, subcontract labor or any miscellaneous equipment rentals. This quote excludes taxes, 120VAC power, and fiberoptlc cabling and connections. This quote includes wire, conduit, 120VAC power connections (excluding new breaker panels and service}, coordination between trades, installation labor, project management and subcontractor adm inistration . -· IS .JUOTATIO N ANO ANY RESUL71NG CONTRACT SHALL 3£ SU8JEC7-o iHE GENERAL 7!!11111 AND C:>NOITIONI ATTAC.'-IED HERET O. i=ire . 2ecumy. •::Jmmumcations. 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I ~ '"' I ~ -~ l :i::: ~ -; "O I ~ : -; f I ,·-,,, I : • r 'iriliiif -, I /'laum-I I • I L ____ ...J -----, ra wm 1 I • I I L ____ ...J • . . .. r- 1 I .. I I I 1..., Li!."'=--------- • .. • .. r- 1 :0 I I I I L- • -, I ,. I I I ------------, ,.. oil iiitwaaw I I I • • I I • I I ,a I I • : I • I I L-----.J ...J JD JD JD JD AJ.111::>V.:1 illOddnS ONV 3::>~3S # 0 ·• • • COUNCIL COMMUNICATION Date February 1 7, 2004 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 February 10, 2004 meeting, recommended approval by motion of the purchase of water meters from Mountain States Pipe and Supply in the amount of $92,323.18 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utfnties 0~ l'neter5 needed for an entire year by requesting one .... bid proposal for additional cost savings . The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading System. All meters and registers purchased will be compatible with the ITRON System. A portion of these meters will be resold to Englewood customers for new installations as part of the flat-rate-to-meter conversion process . Some of the meter stock will be used to replace inactive or poorly functioning meters and to convert existing meters to the ITRON system. Because Mountain States Pipe does not sell meter yokes, the yokes (saddles for the meters) are being bid se parat ely and will be forthcoming. FINANCIAL IMPACT Sixteen m eters , ranging from 1-1 /2" tor, will be going to the Englewood Parks Department for their personne l to change ex istin g irrigation meters, some ov er 30 years old and inefficient. M o untai n St at es Pipe is honori ng 2000 pri c es for this bid. Englewood's meter order is being placed in co njunction wi th D enve r Water Board 's order to ensure the best quantity price . Mountain States Pipe and Supp ly's bi d $92,323.18. Of this amount, approximately $15,000 will be resold to Englewood customers, $20 ,000 will be for Englewood Parks meters and $10,000 for meters for the Pirate 's Cove Water Park. Th ere is m oney bud ge t ed fo r th ese meters in the 2004 Budget. LIST OF ATTACHMENTS Quot e from M ountai n Stat es ' .. .. '. • • • MOUffTAIN STAT!S PIPE I Sll'PI..Y 2801 TIMll AOAD MRJRA. CO 800U 303-365-0948 FAX 303·365·1463 ·• • • C'.JIT .r. 9t•T01 220 -...Toi l 2 3 4 5 6 7 8 g 10 11 12 13 i 14 CITY OF EN6lNXII METER SHOP 1500 W. LAYTON EN6l..ElllXII. CO 80110 CITY OF ENGLEWOOD 1000 EMGUWOOO PARK*Y ENGI.EWOOO, CO 80110·2304 1 .. 102 ........................ . .... ·.::.::: ···:::::···:::::::·:: ·•.•, NElif METER I PAIITS ~·~·ACCOONTS BR25iMBY ... ..:· :: ... . . . 81125ClB 5/axl/4 NfR ICl)Y.: • Cl'. BOTTOM M25fflil( .. . ·.-....... ··. : .. :.·· . M'l5 51& RiR.S.'lttR£,11RtJN: ~LC.TX.USG tf35IERT · · · . . tf3S 3/4, lffll.lm.GRAL ERf, 11·, USG BR359IIOOY . BR35CtB· l/4Jl9 lfTII IQQ.Y " • Ct aorTIJI tf35IERT. . .: , · "35 314 RTR .OO!GAAL El[f,TX.USG tf3SAllULC .. . ·.: ICS 314 m.s:w1A£.JtD !LC.TX.USG BIU60T'9CXJV . .... ·· n60 1-1/Z"lll.3 !I. TS BU lffll ICl)Y .1' 102 60 60 36 36 so 6 ' Nl60fl11!1.C .. . n60 1·1/2." TS R'IR.25 ' WlAf.!TIOI !LC.TX .USG ERW -0153 ·501. .. 6 ITAOII SOW•Z-ANCO /MOGER DlGITAl. PIT EJlT W/ILC BR12aTPIOOY 6 IIU20 1,.112· x13 Ell lfflt IOO't. lJ 1C1211RlltlU:: "120 l·l.12" R'11t,25"1l1M Ila ILC .TX.USG 3 . : .. ;: :·.:: ·:·.: :: .. ........ ·-·· ... . ······ ........ . .-• ::/··:\\:··:(·?:!.~_ .. :. . . . ... . . ... .·· .......... . .... ·: .. -~~·:·:./)}:··· . .· :··.: .:·-:···:··:·:~ ~. :'.:;'···:·-~ ... : -.· -.. ·;:.:: .. y· .. . . . " .......... . ......... . . .... ............ '""" ....... . .: •• J ..... ·.:··.:;··· : Cont11..ed 0 QUOTE HCII :::::::i::}/:ufa·::: .. ....... ·• ... -. Nd! ·.: .. ::: .. ::.').:;:~oa:· > . •···· ........... .,. ··.: ...... : .... --: .. :: ~: ~--.. : .. . . . -. . -, ...... ;: .... : .... HCII : .. · :· .. · lOl· •. 40: .' .0~00 .. .... .. ... ···. -~'.-. ~. ·w :20 · · udl 1'5.'a .. Heh ·:::· .. .. : .... •·-eo: ~: : .. l•~-:: ... sa ··· . -. ' o:oo uo .. --· ••• 0.00 19157.32 0.00 6504 .00 0 .00 9152.00 7043 .76 0.00 S420 .00 6613.00 0.00 0.00 2610.00 171 .80 ' ... .. • • CUST.1: .... TO: ILi. TO , 220 CITY OF ENGlEWOOO METER SHOP 1500 W. LAYTON EH6l.£WIXX>. CO 80110 CITY Of ENGLEWDOO HOUNTAIN STA'TlS PIPE I Sll't'l.Y :ao1 T01ER ROAD AURORA. CO 800ll 303·365-0948 FAX m·J65-l463 1000 ENGLalCOO PARKWAY ENGI.EWOOO. CO 80110·2304 .• , • •• ,0 QUOTE z oorii&'iicmt _,.· ," -" :~,"~·"· .. -~·--· .i_:';':~!+'t :!~~-~ .... r~~:..=.:.~~~-::~ MSPS·2 3 . . ... - 1 1 .... 4 •••••••• ·-:~·-,·: .. :. :: ... ::::· ... :: . .. ·.:·:: .. .: ··:-.. ::·.:·: ..... . .. ... . ..... ............. . :> ... --.. . . .. :: '·:·:·i: .... .-:: .. ~::.: .. . •'·• ... . './ ,. -.... . ."'\ ·• ··.-.. .. c11 1::Ufrz;:~·1!YE Nell +:i?+::::;>:.1:.00:-::::-:::: HC,'i 0.00 0.00 2079.30 0.00 3591.50 3877 .50 0.00 0 .00 3618 .90 0.00 2"..85.00 0 .00 1917.00 0 .00 4672 .50 0.00 0 .00 Cont i nued • • -- ·················•· CUIT.r. -TOt IIU. TO: 220 C ITV OF EIIGLEIIXII METER SHOP 1500 W. LAYTON EHaL.allOD. CO 80110 CITY aF EN&WllOD IOIITAIN STATES PIPE I Sll'PLY 2801 TOWER DD ALIDIA. CO 80011 303·Je5·°'48 FM 30J·365·1463 1000 EM&LEWOOO Plll/lJtlAY EH6L£\IOCD. CO 8011G-2304 3' t ~ne.s -toui :: . ............ •.······· . ~: La n Page 3 3 :· -~ ... : .. : :· : ·:. :··: --·: ...... . ... ............. . ······· .. ·:· :-. :-:·····:· .. ::.··::-::::· ........... .... . . .. . . . ... .. ... ·-.... . .. .· .. ·• .... ,' ............. . ~-... · ........ . ·.-:,:·.::··:: · .. :· .. ·: . .. ""\'' : .. :······ . ·.,• .... ... . . ...... . ..... -. • • •• ~ <,,J • ... ·-: .... · .. · 'J,' •... : •• •;. QUOTE HCII ..en.so O.QO 12323.ll 12323.ll t .· ... .. • • 02 September 2003 City of Englewood Utilities Department COLOIADO SPIINGS AU IO I A 2801 ToweR AOAO AURORA. CO IIDO'll TELEPHONE (303) 3111-0IMI FAX (3113) 315-1 '63 2800 South Platte River Drive Englewood Colorado 80110 To Whom It May Concern: 0 < ·s ... =L i..: "b: ... \ c:.W< c,/.1 /t!.:J ~? Mountain States Pipe and Supply Company would like to offer to extend our current pricing for Badger Wats Meters and ITRON ERrs through calendar year 2004. As you know, the pricing was based upon Denver Water's contract for automated equipment issued in year 2000. This pricing is offered through your most recent water meter bid, which was awarded to us earlier this year. If this offer is acceptable to the City of Englewood, please contact me at your earliest convenience. Sincerely yours, Noel W Frakes, Vice President Mountain States Pipe &. Supply CO .. t • Date February 1 7, 2004 INITIATED BY (J COUNCIL COMMUNICATION Agenda Item · 11 a i Subject Amendment to the Agreement Regarding Construction of Drainage & Flood Control Improvements for Marcy Gulch STAFF SOURCE Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On November 17, 2003 Englewood City Council approved the Agreement Regarding Design and Construction of Drainage and Flood Control Improvements for Marcy Gulch at City Ditch. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their February 10, 2004 meeting. recommended Council approval of the Amendment to the Agreement Regarding Design and Construction of Drainage and Flood Control Improvements for City Ditch at Marcy Gulch. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A Master Plan of Drainage for Marcy Gulch was originally prepared in 1985 for the Marcy Gulch drainage basin in Highlands Ranch. Urban Drainage, Centennial Water and Sanitation District and the City of Englewood now wish to proceed with design and construction of the drainage and flood control improvements for this area. Erosion has exposed the City Ditch siphon pipe and the coming spring runoff could cause Englewood's existing siphon structure to fail. This creates an emergency situation because water could not be delivered to either Highlands Ranch or the Allen Filter Plant Englewood owns the spillway that to protects the pipe from Marcy Gulch runoff. Urban Drainage and Flood Control is proposing to construct a new spillway, to replace the existing City Ditch pipe with 66" reinforced concrete pipe, and to construct a new inlet and outlet structure. Enlarging this pipe to 66" will allow the City Ditch to carry up to 75 cfs of raw water. Urban Drainage is overseeing the project and ensuring flood control complia_nce. FINANCIAL IMPACT Council previously approved the engineering phase of the project for Muller Engineering to design the spillway stru cture. Centennial is paying for the design of the inlet and outlet structures and enlargement of th e City Ditch pipe to 66w ($9,930), with Englewood contributing for the drainage improvement design ($12,550). ,. .. . .. J • • The engineer's estimate of probable cost is $297,678.60. Urban Drainage has agreed to pay 50% of the drainage construction costs, which is $115,000. Centennial and Englewood will each pay 25% of the drainage construction costs, ($57,500 each). Centennial will pay for the siphon enlargementt costs of $64,000. Englewood will pay $2,000 for the new 1 r gate valve, replacing the old gate valve . This is an emergency repair. Funds are available iln the Water Fund balance. UST OF AITACHMENTS Emergency Bill for Ordinance Amendment to the Agreement Regarding Design and Construction of Drainage and Flood Control Improvements for Marcy Gulch at Englewood Ditch • • ORDINANCE NO . SERIES OF 2004 ·•' • • BY AUTHORITY ABJLLtpR OOUMCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER ------ AN EMERGBNCY ORDINANCE AUTHORlZING AN AMENDMENT TO nm INTERGOVERNMENf AL AGREEMENT BY AND BE1WEEN URBAN DRAINAGE AND FLOOD CONTROL DISTRICT. THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER AND SANITATION DISTRICT FOR DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH. WHEREAS, a Master Plan of Drainage for Marcy Gulch was originally prepared in 1985 for the Marcy Gulch drainage basin in Highlands Ranch; and WHEREAS, Urban Drainage, Centennial Water and Sanitation District and the City of Englewood now wish to proceed with design and construction of the drainage and flood control improvements for the area; and WHEREAS, erosion has exposed the pipe and the coming spring runoff rains could cause Englewood's existing siphon structure to fail which would prevent water from being delivered to either Highlands Ranch or the Allen Filter Plant; and WHEREAS, Englewood owns the spillway necessary to protect the pipe from Marcy Gulch waters; and WHEREAS, Urban Drainage and Flood Control is proposing to construct a new spillway and replace the existing City Ditch pipe with 48" reinforced concrete pipe which will allow the City Ditch to carry up to 59 CFS of raw water; and WHEREAS, the design and costs for the design were approved by the passage of Englewood Ordinan~e No. 82, Series of 2003; and WHEREAS, this Amendment to the Agreement will authorize the construction costs for the project; and WHEREAS, an emergency exists due to the erosion has exposed the pipe and the coming spri ng runoff could cause Englewood's existing siphon structure to fail causing water could 1i ot be delivered to Highlands Ranch or the Englewood Allen Filter Plant ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1. The Englewood City Council hereby authorizes an Amendment to the Agreement by and between the Urban Drainage and Flood Control District, the City of Englewood, Colorado, and Centennial Water and Sanitation District for design and const ruction of drainage and flood control improvements for Marcy Gulch at Englewood's Ci ty Ditch , attached hereto as Exhibit A. -1- ... t 1 • ' • Section 2. An emergency is hereby declared requiring immediate passage of this Ordinance by reason of the erosion bas exposed the pipe and the coming spring runoff could cause Englewood's existing siphon structure to fail causing water could not be delivered to Highlands Ranch or the Englewood Allen Filter Plant. Sectjon 3. The Mayor and City Cleric are hereby authorized to sign and attest said Amendment to the Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading as an emergency ordinance on the 17th day of February, 2004. Published as a Bill for an Emergency Ordinance on the 20th day of February, 2004. Dou&lu Gam:u, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo, hereby certify that the above and foregoing is a true copy of an Emeraency Bill for an On:linance, introduced, read in full, and passed OD first readina OD the 17" day of Febnwy, 2004. Loucrilbia A. Ellis -2- t .. • • AMENDMENT TO AGREEMENT REGARDING DESIGN AND CONSTRUcnON OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD DITCH ApeementNo. 03-10.09A nus AGREEMENT, llllde this day of 2004, by 111d between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (bemnafter called "DISTRICT;, CITY OF ENGLEWOOD (hereinafter called "CITY") 111d CENTENNIAL WATER AND SANITATION DISTRICT ~ called "WATER DISTRICT") 111d collectively known 11 "PARTIES"; WITNESSETII: WHEREAS, PARTIES have earered iaro "Ap-eemeot Rcprding Design 111d Cou1ructioD of Drainqe and Flood Comrol Improvements for Man:y Gulch" (Aiir-nem No. 03-10.09) dated Juwuy 28, 2004; and WHEREAS, PARTIES now desire to conlSlnlct improvements; and WHEREAS, PARTIES desire to iDcreue the level offtmding by $296,000; md WHEREAS, DISTRICTs Board of Directors bu awborized additional DISTRICT financial puticipltion for PROJECT (Resolution No. 6, Series of2004); :md WHEREAS, tbe City Council of CITY, the Board of Directors of WATER DISTRICT 111d the Board of Directors of DISTRICT have autborized, by appropriabon or raolutioa. all of PROJECT com oftbe rapecdve PARTIES. NOW, THEREFORE, in consideration oftbe mutual promiaes COlllained herein, PARTIES hereto qree II follows: 1. Paragraph 4 . PROJECT COSTS AND ALLOCATION OF COSTS is deleled 111d replaced 11 follows : 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for tbe purpoaes of this Apeemml PROJECT COCIS shall coalill of :md be limited to the following: I. Final design services; 2. Construction of improvements; 3. Continaeocies munaally apeeable to PARTIES. 8. It is ~tood that PROJECT com • defined above are not ID exceed $318,480 without amendment to this Ap-eemcnt • X H I • I T A t .· .. ,, ,. ; . 4 .•· • • --=: • 0 •• • • PROJECT costs for the various elements of the eff'ort are estimated as follows: mM AMOUNT I. Final Design S 22,480 2. Consttuetion 271,000 3. Contingency 25 ,000 Grand Total $318,480 This breakdown of costs is for estimatina purposes only. Cosu may vary between the various elemam of the effort without amendment to this A.-, provided the total expenditures do not exceed the maximum comribution by all PARTIES plus accrued interest C. Based on total PROJECT costs, the maximum pen:ent and dollar c:ontributioo by each party shall be: Percentage Maximum Previously Shim Comribulion COlllributeci DISTRICT 36.1% $115,000 s -0- CITY 22.6,-. 72.050 12,550 WATER DISTRICT 41.3% 131.-430 , 9,930 TOTAL 100.00% $318.480 $22.480 2. Pulpph 5. MANAGEMENT OF FINANCES is deleled and replaced u follows : 5. MANAGEMENT OF FINANCES ,.. set fonb in DISTRICT policy (Resolwioll No. 11, Series of lffl 111d Raohatioa No. 49, Series of 1977), the COil sbarina shall be after subll'lctina Slale, fedenL or ocher soun:es of funding from third parties. However, monies CITY 111d WA TEil DISTRICT may receive liom fedenl funds, the Federal Revenue Sbariq Propmn. the Federal Community Development Propm. or such similar discfflioaary pnlll'IIDI u approved by DlSTIUCTs Board of Dim:ton may be coasidered a and appliod toward CITY and WA TEil DISTRICTS share of improvement costs. Payment of each party's full share (CITY -$72,050; WATER DISTRICT -$131,-430 DISTRICT · SI IS .000) shall be made to DISTRICT~ to exec:ulioo of this Agreement and within 30 day s of request for payment by DISTIUCT. Tbe paymenlS by PARTIES sball be held by DISTRICT in a special lilDd to pay for increme111s of PROJECT u authorized by PARTIES. and as defined herein. DISTIUCT shall provide a periodic accounting of PROJECT funds as weU as a periodic nolificaioo to CITY and WATER DISTRICT of illlY unpaid obliptioos . Ally intemt earned by the monies conuibuled by PARTIES sball be accnied io the special t\and cmblisbed by DISTIUCT for PROJECT IDd such interest shall be used only for PROJECT upoo approval by the contnctina offlcen (Paragraph 13). l..._,_.,ol 1009A ' • • Within one year of completioa of PROJECT if lbere are moaiel includina imenlt .rned r:emainina which are not conmined, oblipred, or dilbuned, each paty sbal1 rec:eiw a share of such moaies, which sbares sbal1 be COlllpllllld a wen tbe oripial sbarea. 3. All odler tmm 11111 cmdi1i!n of ApW No. 03-10.09 sball llllllin iD fhll tbn:e 11111 effect. WHEREFORE, PAR.TIES baetD haw Cllllled tbia Ullll'IIIDml to be aeculld by properly llllbori2led sipatorics • of tbe dare and year fim above wriUen. (SEAL) ATI'EST: (SEAL) AlTEST: Loucrishia A. Ellis, City Clerk (SEAL) ATI'EST: J UllBAN DRAINAGE AND FLOOD CONTllOL DISTRICT By __________ _ Tttle Epcgiye Qilcg Dale. ___________ _ CITY OF ENGLEWOOD By -o=-o-u-gTl-a-s"""'G_a_r_r_e..,.t_t ___ _ Tide HA¥0T Dale. ___________ _ CENTENNIAL WATER AND SANITATION DISTRICT By __________ _ Tttle. ___________ _ Due ___________ _ t .. • ORDDl.\liCB NO. __ SERIES OP 2004 BY AUTHORITY -.2 DUCED BY COUNCIL MEMBER WOLOSYN WHEREAS, the Englewood City Council has established goals for enhancing business and economic climate within Englewood; and WHEREAS, the Englewood City Council initiated the South Broadway Plan supporting Plan goals of identifying strategics for revitalizing the corridor, redeveloping key nodes, supporting multiple modes of transportation, increasing retail spending, improving opportunities for workforce housing and repositioning underused properties for redevelopment; and WHEREAS, City Council bas reviewed preliminary research that indicates two-thirds of the businesses on the Broadway corridor contribute little directly to the City Tax base; and WHEREAS, sales taxes arc the single most important source of revenues that pay for essential and emergency services in Englewood; and WHEREAS, auto uses occupy a disproportionate amount of B-2 wned land in Englewood when market analysis indicates the supply of auto uses substantially exceeds the community demand for auto uses; and WHEREAS, auto purchasers do not pay sales tax where the vehicle is purchased; and WHEREAS, the establishment of additional auto uses or expansion of existing auto uses threatens Englewood's sales and property tax base; and WHEREAS, Council imposed a temporary moratorium on the established or expansion of auto uses in the B-2 District in' September of 2003 and directed staff to collect information and work closely with the Englewood community to revise zoning regulations, which protect the interests of the community; and WH EREAS, Council established an Auto Use Committee to work with staff as the -strategies, actions and regulations arc developed, and that they have requested an extension of the moratorium to allow for review of proposed strategics, actions and zoning regulations; and WHEREAS, the proposed revisions to the Zoning Ordinance which will addrcsa these auto uses will not be available to the Auto Use Committee before the end of the moratorium period ; and WHEREAS, the Council wishes to extend the temporary moratorium for one-hundred and eighty days to allow staff and the Auto Use Committee to complete their recommendations; and -1- ' ·' • • 0 WHEREAS, control of the zoning of these facilities is a legitimate exercise of local police power; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The City Council for the City of Englewood, Colorado, finds that the current moratorium on the establishment or expansion of the following auto related uses in the B-2 Zone District; auto sales, auto leasing, auto-pawn and RV sales as described in 16-4-12-C EMC shall be extended for another one-hundred and eighty days. Section 2. The temporary suspension shall not include changes of location by existing auto uses to an existing auto use location. Sectjon 3. Any property with a current auto related use may retain that use in the B-2 Business Zone District during the moratorium. Section 4 . The provisions of this Emergency Ordinance are temporary in nature and are intended to be replaced by subsequent legislative enactment. The temporary moratorium on the establishment or expansion of uses in the B-2 Business Zone District shall terminate at 12 :01 a .m . on August IS, 2004. Section S. The Englewood City Council directs City staff to develop appropriate zoning regulations to be consistent with this Emergency Ordinance and to collect information and work closely with the Englewood community to revise zoning regulations, which protect the interests of the community. Section 6. An emergency is hereby declared requiring immediate passage of this Ordinance by reason of inadequate land use regulations in the Zoning Ordinance. City Council hereby finds and determines that an emergency exists and that passage of the within Bill for Ordinance shall be effective upon final passage and shall be publiahed within seven days thereof. Introduced, read in full, and passed on first reading as an emergency ordinance on the 2nd day of February, 2004. Published as an Emergency Bill for an Ordinance on the 61 b day of February, 2004. Read by title as an Emergency Ordinance and passed on final reading on the 17th day of February, 2004. Published by title as Emergency Ordinance No. ___, Series of 2004, on the 20th day of February, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk -2- ' . ··' • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colonuio, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Ordinance No. ___, Series of 2004. Loucrisbia A. Ellis -3- ' • • SERIES OF 2004 THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City ofEnglewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council; and WHEREAS, the Englewood City Council of the City of Englewood, approved the 2004 Budget and Appropriation Ordinance on final reading on November 3, 2003; and WHEREAS, funds for a supplemental appropriation for the Safety Services Department to fund three unbudgeted positions until May IS, 2004; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~. The City of Englewood 2004 Budget is hereby amended as follows: GENERAL FUND: Source ofFunds: Unreserved/Undesignated Fund Balance $75,000 Use of Funds: Safety Services Department Funding for three positions until May IS, 2004 $75,000 ~. The City Manager and the Director of Financial Services are hereby autbori7.ed to make the above changes to the 2004 Budget of the City of Englewood. ADOPTED AND APPROVED this 17th day of February, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis , City Clerk for the City of Englewood, Colorado, hereby certify tbe above is a true copy of Resolution No .__, Series of 2004 . Loucrishia A . Ellis, City C1c:r1t .. • t .. .. , ' • • COUNCIL COMMUNICATION Date February 1 7, 2004 Initiated By Agenda Item 11 Ci Department of Finance and Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Subject Supplemental Appropriation for the Safety Services Department Staff Source Frank Gryglewicz, Director The Council has long made public safety a priority. Council approved the 2004 Budget and Appropriation Ordinances on final reading November 3, 2003. City Council discussed this supplemental appropriation on February 9, 2004. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution for a supplemental appropriation of $75,000 to fund unbudgeted positions in the Safety Services department until May 1 S, 2004. The sources and uses of the funds are: GENERAL FUND Source of Funds; Unreserved/Undesignated Fund Balance I Use of Funds; Safety Services Department Funding for unbudgeted positions until May 15, 2004 $75,000 $75,000 The City of Englewood is required by City Charter to ensure that expenditures are not made without proper appco priation by City Council. The attached resolution appropriates funds to ensure that the City of Englewood complies with legal restrictions governing local budgeting. FINANCIAL IMPACT This supplemental appropriation will reduce the General Fund unreserved fund balance by $75,000. UST OF ATTACHMENTS Proposed resolution ' . •:00. .. • • - 0 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY A; ·• • ~ 0 9 -:YCOUNCIL MEMBER~~~~~- AN OllDINANCE REPEALING TITLE 4. CHA.PJ'ER 6, "ADMISS10NS TAX" OP THE l!NGLEWOOD MUNICIPAL CODE 2000 . WHEREAS, the City of Englewood established an Admissions Tax with the passage of Ordinance No. SI, Series of 1976; and WHEREAS, in 2002 the Alliance for Commerce in Englewood (ACE) recommended elimination of the three percent (3%) Admissions Tax on those businesses that charge admission pursuant to Ordinance No. SI, 1976; and WHEREAS, ACE and the City Council support the development of a diversified business mix, including the addition of businesses that charge admission for entertainment and other public events that will expand commercial activities in Englewood; and ' WHEREAS, a more diversified business mix will enhance the· current revenue stream and may create opportunities for diversified revenues; and WHE~AS, the Admis~ions Tax presents a disincentive for those highly sought after businesses ; and ,: WHEREAS, in the tight metro market, regulatory and business climate issues such as taxes can be a determining factor in site selection; and ' WHEREAS, the City Council of !he City of Englewood established a Temporary Admissions Tax Reduction to 0% for two years with the adoption of Ordinance 10, 2002; and WHEREAS, Ordinance 10, 2002 required a review of the temporary reduction to determine if the tax should be reestablished or eliminat~; and WHEREAS, the City Council bas found the temporary reduction to be successful; and WHEREAS, the City Council now wishes to repeal the Admissions Tax; l ; ~ l' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby repeals Title 4, Chapter 6, "Admissions Tax", of the Englewood Municipal Code 2000, in its entirety and reserves Chapter 6 for future legislation . -1- 12 ' .. • • (J Section 2. Safety Clauses. The City Council hereby finds. determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Seycrabjlity. If any clause. senter,ce, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordjnances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section s. Effect of repeal or modification.. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole o• in part any penalty, forfeiture, or liability, either civil or criminal, whicli shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suit5, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, dccn:e, or order which can or may be rcodercd, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full, and passed on first reading on the 17th day of February, 2004. Published as a Bill for an Ordinance on the 20th day of February, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A . E.llis, City Clerk I. Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full . and passed on first reading on the 17th day of February, 2004. Louc:risbia A. F.llil -2- t .· .. .. . t • • ., ·• - • ~~ '717/r;c/ 4. Roll call ____ absent 5. CC~minutes ~moved •· • ·• • ... . • • . ' .. ·' . . .. . I •• • • • ·• • • . r~-I .. j r·-1.,_J .. . ' ., . . • . I· ... ·. 0 .·. . . . • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 17, 2004 7:30 P.M. CJ ~ {j 0/L,W ~ e_;v 1. r. B: ~ ln=<ation. ~~ Pledge of Allegiance . ,. ~ 4 . Roll Call.a/)_ '7 ~ Minutes. . ~ ~'f : flJflfs::i'~ ~~ ase limit your prese~tation to ten minutes.) lf' ...,-'~(!JJV'-1 . City Council will recognize the young people who were nominated for the Metropolitan Mayors and Comm.i~sioi,ei:5 Ye"th Aw_ard: , i . Michael Anaya ·Jt., a student at Colorado's Finest ~lternam:I! High Schoo~ ii. Elizabeth Bridge, a student at Sinclair Middle School. ~ iij. Joseph Gallegos, a student at Colorado's Finest Alternative High School '"7.<...a.,.... iv . Brianna Hand, a student at Colorado's Finest Alternative High School. vii. Caroline Jepsen , a student at Humanex Academy. Rachel Lawson, a stude 1 nt at Humanex Academy.~ Michelle Lee , a student at Flood Middle School. fr~ Cri,ia Lcll, • "udenl at Colo<ado'• fined l\J...,..[ Hl&h School~ V. vi. viii. Plea e n te: If you have a disability and need auldlwy aids Of services, plene nolify lhe Oty of Enatewoc,d (303- 76 2-2 405) al lea t 48 hours In advance of when services are needed. Thank ' -~ .. .. • • February 1 7, 2004 Eng lewood City Council Agenda ~ Page2 ~ ix . Giovanni Lopez, a student at Colorado's Finest Alternative High School . x. Derek Manful, a student at Humanex Academy~ xi. Tim Moen, a student at Humanex Academy .~ , xii. Corie Moyer, a student at Englewood High School. ~ xiii. Justin Neumann, a student at Humanex Academy. ~ Ai -A~ xiv. Angel Palumb~ a student at Colorado's Finest Alternative .High Schor~ .• xv. Rhiana Tartaglia, a .student at Colorado's Finest Alternative High School.~ xvi. Kristin Terrill, a student at Colorado 's Finest Altemat!Ve High School.~ xvii. Shannon Umberger, a student at Colorado's Finest Alternative High {hool~ xviii. Ashley Vaughn, a student at Colorado's Fin.est Alternative High Scho~ xix .. Sarah Young, a stu~ent at Colorado's F~~~native High School. ~ b. Brief Reception. '7 • f ~ t'r':11'-!...J ~~uybal irom e St Vincent de Pl!;,re will be presenyo address Ci_!y f_o~~ ~ding the cl re e store at 2795 S. Broadway. ~ ~ ~:.#tJ~~ . ~i.#'V1Ai /Ml-L~/ ~~~omj~f.!!!!.,.,"',~ po ~y L-liJSf -- }Y ,~ ::e::~d~(No Pu~;, Heariag Scheduled) (.tJ ,, l,,. l/(Y/{) ~' ~ '~ (~ ,~-;rw; QO. \ val of inances on First Rea~ing. / ~ ,. ~ ~ ~ '6l) Q:1. Counci l Bill No. 7 · Recommendation from thl~et~n/En';iL"'~ Wastewater.4. ~ Tr eatment Plant Supervisory Committee to adopt a bill for an ordinance /~~~ authorizing an Intergovernmental Agreement with the Cherry Hills Sanitation Dis tric t for the GIS Pilot Study project on sewer system mapping. STAFF ' SOURCE: Stewart H. Fonda, UtiUties Director. ~,oo,,· Ofyouha~•-""'""""""""'"'"~---dooOyd ......... (303 62 -~40 5) at I ,1 I 48 hours 1n adv.ince of whffl seivice ,re needed. ~ t • • El. Englewood Ci ty Cou ncil Age nda Feb ru ary 17, 2004 Page 3 b . Approval of Ordinances on Second Reading . fPdJ/-!J_ i. Council Bill No. 3, amending an Intergovernmental Agreement with Arapahoe County for the HOME Investment Partnerships Program. Wd;-g_ii. m1Jt Lii. Council Bill No. 4, amending two of the four Intergovernmental Agreements for the 2003 Arapahoe County Community Development Block Grant Program. Council Bill No. 5, approving an Intergovernmental Agreement with the City of Sheridan for shared costs related to landscaping along the median on South Santa Fe Drive. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, bY. motion, a contract for Access and Security System Improvements at the Plant. Staff recommends entering into a contract with Simplex-Grinnell in the amount of $240,330.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from Utilities Department to approve, by motion the purchase of water meters and related equipment. Staff recommen-as awarding the contract to Mountain States Pipe & Supply, which is honoring 2000 prices for this bid, in the amount of $92,323.18. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda . ' i. £911ocil Bill No .a -Recommendation from the Utilities Department to adopt an emergency bill for an ordinance approving an Amendment to the Agreement Rr ing Design and Construction of Drainage and Flood Control Im , , •ments for Marcy Gulch at Englewood D~STAFF RCE: Stewart H. Fund~irector of Utilities. ~ c>c:::: b. Approva l of Ordinances on Sec ond Rea di ng. i. *1(/1- Co un cil Bill No. 2, an emergen cy bill for an ordinance extending the temporary moratori um on the es tablishment o~',l,t<>;'e,~~ses in the 8-2 Bu siness Zone Dis tri ct for a period of six months. E?} ~ ~ -Mo lMJ-lfJ~ Plea e note : If you have a 1sabtl1ty and need auxlury aid, or services, please nollfy the Clly of En~uood (303-762 -2405) at least 48 hours in advance of when services are needed . Tori ou. ,. ' .. t • • Englewood City C ouncil Agenda Fe bruary 1 7, 2004 Page 4 <(!J{) 1rffi/l ,. Resol"fonsand MoUon,. P ;t'· Recommendation from the Department of Finance and Administrative Services ~ to adopt a resolution approving a supplemental appropriation of $75,000 for the Safety Serv~_Mb..A·.1 STAFF SOURCE: Frank Gryglewicz, Finance '-() Director. {) ___ . _ ___.. 12 . General Discussion. a . Mayor's Choice. b. Council Members' Choice. ~1-() i. Council BjH No ~, a Bill for an Ordinance repealing the Title '}~,:_h~t:r_ 6 of the Englewood Municipal Code pertaining to Admissions Tax. vr, ~ ~97 13 . City Manager's Report. ~ 14. City Attorney's Re. Adjournment. <j{'; q} ~ Th e following m inutes were transmitted to City Council between January 30 and February 12, 2004: • Englewood Housing Authority meeting of December 3, 2003 • Englewood liquor licensing Telephone Pons of December 3, 2003, January 7 and January 21, 2004 • En glewood Water and Sewer Board meeting of December 9, 2003 • Engl ewood Planning and Zoning Commission meeting of January 6, 2004 • Englewood Cultural Arts Commission meeting of January 7, 2004 • En glewood Public library Board meeting of January 13 , 2004 • Englewood Code Enforcement Advisory Commi ttee meeting o f January 21 , 2004 Plea e not : If you have a disabihty and need ~ aids or services, pluse notify the City of (nalewood (303-762 -2 5) at least 48 hours in advance of when services .ve needed. Thilnk t • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 17, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 'l'l:t:J ~ 2. 3. Invocation. ~ Pledge of Allegiance. ~ 4 . Roll Call. di/ '7 ~ 5. Minutes . ~ a . Minutes from the Regular City Cou~il mee~ing of.February 2, 2004. ~ s~--:i.. CA-WIIJtJ: /UOD. 1 rum 1t1t-) . 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) a . City Council will recognize the young people who were nominated for the Metropolitan Mayors and <;:ommissioners Yo~th A~ard : i. Michael Anaya Jr .: a stud~t 'at Colorado's Finest Alternative High School. ii. Elizabeth Bridge, a student at Sinclair Middle School. iii. Joseph Gallegos, a student at Colorado's Finest Alternative High School. iv . Brianna Hand, a stud ent at Colorado's Finest Alternative High School. v. Caroline Jepsen, a student at Humanex Academy. vi. Rachel Lawson, a student at HumMlex Academy. ii . Michelle Lee, a studen t at Flood Middle School. viii. Crista Lell , a stud ent at Colorado's Finest Alternative High School. Pie e nole : If you ha ,e .i cit ~bility .ind need ~ aids o, seMCes, .--nollfy lhe City of Enpewood (303- 762·2 5) a t le t 48 hours in ild\.anc' of whffl rtees .ire needed. TNnlc •• t .. • • • Englewood Ci ty Counci l Age nda Feb ru ary 17, 2004 Page 2 b . C. 7 . 8 . 9 . ix. Giovanni Lopez, a student at Colorado's Finest Alternative High School. x . Derek Manful, a student at Humanex Academy. x i . Tim Moen, a student at Humanex Academy. xii . Corie Moyer, a student at Englewood High School. xiii. Justin Neumann, a student at Humanex Academy. xiv. Angel Palumbo a student at Colorado's Finest Alternative High School. xv. Rhiana Tartaglio, a student at Colorado's Fi nest Alternative High School. xvi. Kristin Terrill, a student at Colorado's Finest Alternative High School. xvii. Shannon Umberger, a student at Colorado's Finest Alternative High School. xviii . Ashley Vaughn, a student at Colorado's Finest Alternative High School. xix . Sarah Young, a student at Colorado's Finest Alternative High School. BriefReception. ~ ?:~~ laiN~NJ ~ :Oil JU!!-:' Jim Ruybal from the St . Vincent de Paul store wiil be present to address City Council regarding the closure of the store at 2795 S. Broadway. JOA.I'/. r1)1'1-Jij .. "AJp /Ot..1 "'" i. Cou nci l Bill No . 7 · Recommendation from the Littleton/Englewood Wastewater Trea tm ent Plant Supervisory Committee to adopt a bill for an ordinance au thorizing an Intergo vernmental Agr eement w ith the Cherry Hills Sanitation Distric t fo r th e G IS Pi lot Stu dy project on sewer syste m mapping. STAFF SOURCE: Stewart H. Fonda, Utilities Oirec:tor. Plea e note If ou ha,e a d1sab1h1y and need awalwy aids or service\. ple.ue nollfy the City ol Ena(ewood (303-~62 -2405 ) at le 148 hours tn advance of when seNices are needed. Thank -·~ • • Eng lewood City Coun ci l Age nda February 1 7, 2004 Page 3 b . Approval of Ordin ance s on Second Reading. i. Council Bill No. 3, amending an Intergovernmental Agreement with Arapahoe County for the HOME Investment Partnerships Program. ii. Council Bill No. 4, amending two of the four Intergovernmental Agreements for the 2003 Arapahoe County Community Dev~lopment Block Grant Program. iii. Council Bill No. 5, approving an Intergovernmental Agreement with the City of Sheridan for shared costs related to landscaping along the median on South Santa Fe Drive. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, ~ contract for Access and .. , Security System Improvements at the Plant. Staff recommends entering into a contract with Simplex-Grinnell in the amount of $240,330.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from Utilities Department to approve, by motiog. the purchase of water meters and related equipment. Staff recommends awarding the contract to Mountain States Pipe & Supply, which is honoring 2000 prices for this bid, in the amount of $92,323.18. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ' . 11 . Regular Agenda . a. Approval of Ordinances on First Reading. i. Council Bill No. 8 -Recommendation from the Utilities Department to adopt an emergency bill for an ordinance approving an Amendment to the Agreement Regarding Design and Construction of Drainage and Flood Control Improve ments for Marcy Gulch at ~IJ.gle":Voqd Ditch. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. f!f~ b . Approval of O rdi nances on Second Rea ding. i. Cou nci l Bill No. 2, an emergency bill for an ordinance extending the temporary moratorium o n the es tablishment of auto-r elated uses in the B-2 Business Zone Dis trict fo r a period of six months . ~ Plea e note. If ou have a d1s.1b 1hty and need au>Ciliary aids or sevices, please notify the City of Englewood (303-762 -2405) at least 48 hours in ad ance of when services are needed. lhw you. t .... .. . .•' • Engl ewood Ci ty Council Agenda February 17, 2004 Page 4 c. Resolutions and .Motions. Recommendation from the Department of Finance and Administrative Services . to adopt a resolution approving a supplemental appropriation of $75,000 for the Safety Serv~t. STAFF SOURCE: Frank Gryglewicz, Finance Director. {) . _ 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. Ofld'1-o i. Council Bill No. 2, a. Bill for an Ordinance rept1aling the Title 4, Chapter 6 of the Englewood Municipal Code pertaining to Admissions Tax . ~ 13. City Manager's Report. ~ 14. City Attps Report. Adjournment. 'fl;S{) r The following minutes were transmitted to City Council between January 30 and February 12, 2004: • Englewood Housing Authority meeting of December 3, 2003 • Englewood Liquor Licensing Telephone Polls of December 3, 2003, January 7 and January 21, 2004 • Englewood Water and Sewer Board meeting of December 9, 2003 • Englewood Planning and Zoning Commission meeting of January 6, 2004 • Englewood Cultural Arts Commission meeting of January 7, 2004 • Englewood Public Library Board meeting of January 13, 2004 • Englewood Code Enforcement Advisory Committee meeting of January 21 , 2004 . I Please note: If you have a disability and need ~xilwy aids or ter\'lces, pluse notify the Oty ol Englewood (303 -7 62 -2405) at leas t 48 hours in advance of when services .ve needed. Thank