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HomeMy WebLinkAbout2004-08-02 (Regular) Meeting Agenda Packet•. . .. ,• ·• • • ... · ...... .. : ., . • . .... . .. r . •• ·· .. " .. · .. . ~ . •· . ... , . ..... • . . . . • ("'"'-, I i l I lj ... . . ......... _..;:_ __ _ -•~ l.egular City Council Meeting '. j August 2, 2004 Ordinance~ J/.~ '9, (o, 4', t,.{. 4£'. 4/, t./. ~ ~ 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 Resolution~~ ~4, 85, 86, 87, 88,.89, 90, 91 ,. .. .. • ' .J . \., . . ... 0 . :. . "· I I . •· • I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 2, 2004 0 The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7:40 p.m . 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledp of Allepance The Pledge of Allegiance was led by Mayor Garren . 4. Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Garren, Bradshaw, Wolosyn None [Clerk's note : There is a Council Member At Large vacancy due to the resignation of Council Member Yurchick . Mr. Yurchick's resignation was effective July 3, 2004.] Also present: 5. Minutes City Manager Sears City Anomey Brotzman Assistant City Manager Aaheny City Clerk Ellis Director OlliOII, Safety Services Judge Atencio Coun Administrator Wolfe Manager Danncmiller, Community Development Planner Fruchtl, Community Development Director Simpson. Community Development Director Ross. Public Works Director Black. Parks and Recreation Lieutenant Sanchez, Safety Services (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY It, 2llt. Mayor Garren asked is there any comment s or corrections . There were none . Vote ffSlllts: Ayes : Nays : Mouon cmied . 6. Sdwduled Vlalton Council Members Barren11ne, Moorc . Bradshaw. Garrett. Wolosyn . Tomasso None t . .. .. • • • Englewood City Council August 2, 2004 Pagel CJ (a) Douglas Habgood, Championship Director for the U .S. Women's Open Golf Championship, said I just want to thank you for taking the ti.me to listen to us regarding the U. S. Women's Open, which is coming June 20th through the 26th of 2005 at Cherry Hills Country Club located in Cherry Hills Village. I, myself, work for a marketing company that is hired by the Club, and the U.S .G .A., to manage the event from the ticket sales to the whole operation. Just to give you a brief overview of the Championship, we will be on TV for four days on NBC and ESPN. We expect more than 100,000 visitors to Colorado. We have 2,500 volunteers, which arc currently signed up and being trained as we speak, 156 players, which arc the best amateurs and professionals from around the world playing for a $3 million purse. There arc 500 media that come along with this event, as well as a number of spectators, caddies, and vendors, all of which we will welcome with open arms to our great State. We of the U.S.G.A. do our best to promote a family atmosphere at our events. Our ticket prices arc very affordable, and in addition to that, we allow any children or juniors ... 17 and under ... to be admitted free throughout the week with a ticketed adult . We arc trying to create a family atmosphere at our Championship. As you might assume, the economic impact of this event is quite substantial. We believe that we will bring more than $25 million to the State of Colorado and I think it is interesting to note that Cherry Hills Village, which is where we are located, probably will not see most of that since they do not have any businesses within their boundarie:;, so we feel that Englewood will benefit from all of our visitors. With regard to the direct impact on Englewood, I did have a meeting awhile ago with your City Manager and your Director of Public Works. We arc currently evaluating several parking areas, including the Denver Tech C.~ntcr. We need to find parking for not only our public spectators, but also our VIP's, volunteers, our Club members and Club staff, which will include a fairly complicated busing plan due to the fact that there are no real large open areas remaining in this vicinity. Part of that plan does include the use of Clarkson as a return back to the Denver Tech Center. The real reason that I am here today is that I wanted to ask the City Council to grant us a special exemption to advertise the Championship through your Broadway banner location and our best case scenario would be to have that banner promoting from May I" through June 26•, 2005 . I am aware of your Pirates Cove and your summer concert series promotions and would be willing to work with you to switch out at those times. But I would really appreciate Englewood getting behind this event, since it is such a benefit and a great event for yourselves and all of your residents . He asked if there were any questions. Mayor Garrett asked if there were any questions. Council Member Bradshaw said so you arc asking us to extend this for an additional 30 days beyond what our policy allows? Mr. Habgood said yes . I am asking you, as a non-Englewood based event as well . I believe there is some stipulation in your bylaws that it has to be an Englewood event. So, those are the two stipulations that we are asking you to consider. Mayor Garrett asked if there were any other questions. Council Member Bradshaw said we will take this under advisement. Mayor Garrett said what we usually do is we hear your request and at some point we will discuss' it ... either this evening or at a Study Session and we will get back to you. Mr. Habgood said okay. Mayor Garrett said we do have a little bit of time between now and when you want it to be posted . Mr. Habgood said yes we do, thank you for your time. Mayor Garrett !laid thank you very much and good luck with your event. 7 . Unstbeduled Vlsllon There were no unscheduled visitors. (a) A letter from Mike Adams indicating his resignation from the Planning and l.lming Commission was considered. ' .·.._ .. t • • • Englewood City Coundl Aupst 2, 2004 Page3 CJ . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF MIKE ADAMS FROM THE PLANNING AND ZONING COMMISSION. Council Member Bradshaw said it sounds like he is moving to a good place though . Mayor Garrett said yes . Ms . Bradshaw said he is moving up to the ski country. Mayor Garrett said Summit County. Voteremtu: Motion carried. Ayes : Nays : Council Members Barrentine, Moore, Brad~haw, Garrett, Wolosyn. Tomasso None (b) A resolution appointing Stephen Hunt as a regular member on the Planning and Zoning Commission was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) • RESOLUTION NO. 81, SERIES OF 20N. RESOLUTION NO. 81 , SERIES OF 2004 A RESOLUTION APPOINTING STEPHEN HUNT TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. Vote remits: Ayes : Council Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn. Tomasso Nays: None Mocion carried. Mayor Garrett said Sue is preparing your certificate as we speak . We bad a bit of confusion this evening and that is part of it . [Clerk"s note : Mayor Garrett presented Mr . Hunc with a certificate and City pin just before the reception.] (c) A resolution appointing Jim Woodward as City Council Member At Large was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (c) • RESOLUTION NO. Ill. SERIES OF lGOC. RESOLUTION NO. 82. SERIES OF 2004 A RESOLUTION APPOINTING JIM WOODWARD TO THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. Mayor Garren said I "''OUld like to malle a quick comment. I think all of us were e,icited, and somewhat surprised, when we had 27 qualified applicants, which we interviewed way into the ni&ht last week. The ocher thing that was quite exciting was the qualifications of these applicants. I think the pool we bad and just the enthusiasm of a IOI of the people we met was really ptifying for me and I am sure for ocher Council members. Vote fflUlts: Ayes: Nays: Mo11o n c arried . , Council Members Barrenrine, Moore. Bradshaw. Garrett. Wolosyn. Toomao None (d ) The new Cu Council Member Jim Woodward was wom in by the Honorable Judp Vincent tCIICIO. There was applause. t . .. .. • • 0 Englewood City Council August 2, 2004 Page4 Mayor Garrett said we will have a great reception next door. He invited everyone to join Council in a brief welcoming ceremony for Jim. (e) Brief Reception. The meeting recessed at 7 :50 p.m. for a brief reception. The meeting reconvened at 8 : IO p.m. with all seven Council members present. Mayor Garrett said we welcome our new Council member. 9 . Public Hearing No public hearing was scheduled before Council. 10. ComentAaeada COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (U), (Hi),(~), (v), (vi), (vU), (YUi), (b:), (11), (Iii) and 10 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCil. Bll.L NO. 48, INTRODUCED BY COUNCll.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN I.NTERGOVERNMENT AL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND TIIROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER. AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2. 2004. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 37. SERIES OF 2004 (COUNCil. Bll.L NO. 34. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A RENEW AL OF A LEASE AGREEMENT BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. ENTITLED "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER ." (ii) ORDINANCE NO . 38, SERIES OF 2004 (COUNCil. Bll.L NO. 35 , INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 12. CHAPTER 2, SECTION 8. OF THE ENGLEWOOD MUNICI.PAL CODE 2000, PERTAINING TO HOTEL SEWER TAP FEES. (iii) ORDINANCE NO . 39, SERIES OF 2004 (COUNCll.. Bll.L NO. 36. INTRODUCED B COUNCIL MEMBER BRADSHAW) AN ORDINANCE REPEALING AND REENACTING A NEW TITLE 12. CHAPTER 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AMENDING THE "GREATER METRO TELECOMMUNICATIONS CONSORTIUM CUSTOMER SERVICE STANDARDS." (iv) ORDINANCE NO . 40, SERIES OF 2004 (COUNCil. BILL NO. 38, INTRODUCED BY COUNCIL MEMBER BRADSHAW) ' .· .. .. • • - • Englewood City CouncU August 2, 2004 Page5 ·EJ (J AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENT AL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE ISSUANCE OF STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT. (v) ORDINANCE NO. 36, SERIES OF 2004 (COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDING THE RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO SECTION VII , COUNCIL PROCEDURE, SUBSECTION A, ORDER OF BUSINESS PERTAINING TO PUBLIC COMMENT. (vi) ORDINANCE NO. 41, SERIES OF 2004 (COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 12, CHAPTER 8, SECTION 12, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ALLOWING PROPERTY OWNERS TO ''OPT-OUT'' AFTER THE UTILITY DEPARTMENT HAS MADE CONCRETE REPAIRS ON THEIR PROPERTY. (vii) ORDINANCE NO. 42, SERIES OF 2004 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COWRADO STATE UNIVERSITY (CSU) AND LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT. (viii) ORDINANCE NO. 43, SERIES OF 2004 (COUNCil. BILL NO. 43, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND JUDITH A. HARRIS TO MAJNT AIN A PORTION OF THE CITY DITCH ADJACENT TO , 3596 SOUTH BANNOCK STREET. (ix) ORDINANCE NO. 44, SERIES OF 2004 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO, AND GREGORY ALLEN PICKETf TO CONSTRUCT A FENCE OVER THE CITY DITCH ADJACENT TO 3001 SOUTH PEARL STREET. ENGLEWOOD, COLORADO. (x) ORDINANCE NO. 45 . SERIES OF 2004 (COUNCil. BILL NO. 46, INTRODUCED BY CO UNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING OF AN AGREEMENT BETWEEN EXCEL ENERGY AND THE CITY OF E NGLEWOOD FOR AN ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT REQUIRING FUTURE DEDICATION OF RIGHT-OF-WAY BY THE CITY FOR THE CITY DITCH RECIRCULATION S YST E M . (x i) ORDINANCE NO. 46, SERIES OF 2004 (COUNCIL BILL NO. 47 . INTRODUCED BY COUNC IL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON. COLORADO. AND THE CITY OF ENGLEWOOD, COLORADO. PERT AININO TO THE ''THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD. COLORADO FOR JOINT WASTEW ATER TREATMENT FACILITIES." ., ' .. . .. • • Eapewood City Council August 2, 2004 Pqe6 (c) Resolutions and Motions (i) CONTRACT WITH A-Z POOLS AND SPAS OF ARV ADA, FOR RESURFACING THE RECREATION CENTER POOL IN THE AMOUNT OF $45,781.25 . Vote raults: Ayes : Nays: Motion carried. 11. ReauJar Aaeada Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (a) Approval of Ordinances on Finl Reading (i) Manager Danncmillcr presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an agreement with the Regional Transportation District for CMAQ funding for the Circulator Shuttle. She said I would like to request approval for a bill for an ordinance approving receiving money from the DRCOG TIP Funds ... Transportation Improvement Program Funds ... for the funding of the Englewood Circulator Shuttle. Thclc funds are in the amoun1 of $662,000.00 for a three year period ... 2004 through 2006. They actually can be expended outside of 2006. Since -are getting started later in the year they actually will go through 2007 . It is just the amount that is limited, rather than the time frame that is limited. The funds will actually cover 80% of the operating eos1s for the shuttle. RID will COlllributc IO'I over threc years and the City an additional I O'I over three years. I did list all the opentioaal stalistics of the shuttle. If you would like me to go iDIO that I can. if not they are pretty straightforward. This bill will actually Med to be approved by RID, after our approval. Mayor Garrett asked if there were any questions for Ms. Dannemiller. There were none . COUNCIL MEMBER MOORE MOvm, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. ff. COUNCIL BILL NO . 49. INl'RODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE ''INTEROOvatNMEJ\rl' AL AGREEMENT' ENTITLED .. AGREEMENT FOR ENGLEWOOD SHUTTLE CMAQ FUNDING 2004-2006 BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RID) AND THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any discussion . There was none . Vote.--111: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn. Woodward. TOIDISSO Nays : None Monon arried. (b) Approval of Ordinances on Second Reading (i) consldcn:d. COO IL MEMHll BllADSHA W MOVED. AND IT WAS SECONDO>. TO APPROVE AGENDA ITEM 11 (11)(1). OllDlNA ENO. 47, SEllllS OF JIM. t I . : .. .. • • 0 Englewood City Couoc:U August 2, 2004 Page7 ORDINANCE NO. 47 , SERIES OF 2004 (COUNCll. Bll.L NO . 33 , INTRODUCED BY COUNCll. MEMBER WOLOSYN) AN ORDINANCE APPROVING THE ENGLEWOOD ESTATES PLANNED UNIT DEVELOPMENT (PUD) AT 1296 WEST QUINCY AVENUE IN THE CITY OF ENGLEWOOD, COLORADO. Mayor Garren asked if there was any discussion . Mayor Garrett said I would like to point out that. hopefully, during the inlerim before construction we can work on the weed growth. The weed growth there is starting to get close to that 6 inch level, so if we could think about keeping that somewhat clear during this process I would appreciate it. Vote resuhs: Motion carritd. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays : None (c) Resolutions and Motions (i) Planner Fruchtl presented a recommendation by the Community Development Department to adopt a resolution approving the Final Plat of the Englewood Estates Subdivision. He said the applicant is Mike Duggan of Distinctive Builders. Please note that with the approval, moments ago. of Council Bill No. 33, Englewood Estates PUD establishes the rezoning of the site, establishes the zone district and development criteria specific to the given piece of property. This evening City Council will consider the Final Plat which legally subdivides the property . The Planning and Zoning Commission considered the preliminary plat of the Englewood Estates under Title JO. Land Subdivisions. of the former Zoning Ordinance and voted on ~ 6, 2004 to forward the final plats to City Council with the recommendation of approval . Title 10 required that residential property be subdivided through the major subdivision process. when more than three lots were crated or when dedication of public right-of-way was required . The subdivision proposes to crate seven residential lots and those lots are consistent with the Englewood Estates Planned Unit Development . The Development Review Team, consisting of seven City departments, reviewed the propoul of the subdivision. All identified dcvelopmeal iaucs of the subdivision have been resolved .. Electric. gu and communication utilities arc available to this site and have been provided on the Final Plat . Staff recommends that Council approve the Final Plat of the Englewood Estala Subdivision and accept the proposed land dedications with the following condition: that the effective date of the resolution approving the Englewood Estates be the same as the effective date of the bill for onlinance approving the Englewood Estates Planned Unit Development . Thank you for your time . If you have any questions. I would like to address those . Mayor Garrett asked if there were any questions for Mr . Fruchtl. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RFSOLUTION NO. 83, SERIFS OF 20IM. RESOLUTION NO . 83, SERIES OF 2004 A RESOLUTION APPROVING THE SUBDIVISION AND FINAL PLAT OF THE ENGLEWOOD ESTATES SUBDIV ISION AND ACCEPTING THE PROPOSED LAND DEDICATION SIMULTANEOUSLY WITH THE EFFECT IVE DATE OF THE ORDlNANCE APPROVING THE ENGLEWOOD EST ATES PLANNED UNIT DEVELOPMENT LOCATED AT 1296 WEST QUINCY AVENUE, CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if I.here wa any discussion or comments . There were none . Vote results: Aye : ouncil Membcn Barreiitine. Moore . Bradsha,i,•, 0..nctt . Wolo&yn, Woodward . Tomasso · ' , • • Englewood City Council Aqust 2, 2004 Page8 Nays: Motion carried. None (ii) Manager Dannemiller presented a recommendation from the Community Development Department to approve by motion a contract with Laidlaw Transit Services, Inc., for operation of the Circulator Shuttle, in the amount of $207,538.00. She said the process for the selection of Laidlaw is laid out in your memo. We went through an RFP process . We actually went through interviews. Two of the proposals actually met the requirements under both financial requirements and the remainder of the RFP. We concluded that, because of the budget and because of the remainder of the items in the RFP, that the preferred vendor is Laidlaw. They have extensive experience in circulator shuttlc ... fixed route shuttles and were very willing to work with the City. We are looking forward to a three year agreement with them with, of course, approval after the first and second years, if the terms of the contract are met. If there are any questions, I would be happy to address them. Mayor Garrett asked if there were any questions. There were none. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 (c) (U) • A CONTRACT WITH LAIDLAW TRANSIT SERVICES, INC., FOR OPERATION OF THE CIRCULATOR SHUTTLE, IN THE AMOUNT OF $207,531.00. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes: Nays: Motion carried. 12. General DilcullloD (a) Mayor's Choice Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (i) Mayor Garrett said I would like to mention that David Taylor is moving and will be moving out of the City Center property next door. I think he is moving southwest, if I'm not mistaken, but he is moving away from City Center. We are in negotiation through EEF, and then we will seek Council's approval, of an exit agreement with David Taylor that is hopefully beneficial to Mr. Taylor, as well as to the City of Englewood. That is in process as we speak. (ii) Mayor Garrett said what is Council's pleasure on discussing the banner? Would we like to do it at a later time, to have a little more in depth conversation, as opposed to the memo we had about the banner. Council Member Bradshaw said I think I would like to have some information. What other banners do we usually put up during that time? I know we have the Sounds of Summer and, last year, the Pirates Cove openina. After the success of Pirates Cove, I don't know if we will do that next year . But. she said. I have a problem with tyina up Broadway for two months. Mayor Garrett said if we could have a banner schedule, indicating, historically. what aoea up durin1 May I" to the end of June, that would be helpful to Council. Council Member Bradshaw said I have no problem with June I . I really have no problem with that, but I do have a problem with aoing from May l" on. Council Member Wolosyn said 1 have no problem with makina that an envelope of time, but OW" priorities. and taking it down and putting it up, are iS111CS . But. Council Member Bradshaw said. that costs each lime. Ms. Wolosyn SIMI does II c:ost $150.00each time? I' I • ' • Englewood City Council August 2, 2004 Page9 0 Director Ross said the other thing we were going to talk to City Council about was the potential of putting up another banner. In the MYCP and the Public Works Request we have $5,000.00 for another banner site. This isn't that unusual of a situation, where we have conflicting schedules and trying to make things work and for that minor amount of money maybe that is something that City Council might want to consider. Council Member Bradshaw said the other thing that I was thinking, WIIS on the Broadway bridge over 285 ... because the traffic there is huge. But, that might be an alternative site. Director Ross said that one is a little tougher, because you arc dealing with COOT right-of-way. Ms. Bradshaw said oh, all right. Council Member Wolosyn said what was your other location that you were thinking of/ Director Ross said actually we used to have one over by Swedish . Swedish on one side and the Bear Frame and Axle on the other side. It has been there before. I am scheduled to go to the ACE Comminee to talk to them, the first or second week in August, to sec if there arc any issues with that group. Mayor Garrett said do you mean Kaiser? Mr . Ross said I'm sorry, yes Kaiser. Ms . Wolosyn said lets wait for the discussion. Mayor Garrett said we will wait for a discussion . We will set it up where you can present where the alternatives arc and we can get a schedule and that way we will be able to get back to the Committee. City Manager Scars said possibly we could do that next Monday night at the Study Session. Ms . Wolosyn said I thought we were going to do it after he met with ACE . Mr. Sean said oh, he's IIOI meeting this week with ACE? Ms. Wolosyn said it is a week from Thursday. City Manager Sears said I'm sorry, we can meet after that. Mayor Garren said we do have some time. (b) Council Members ' Choice (i) Council Member Barrentine : I . She said I would like to congratulate Jim on his appointment. 2. She said I wanted to thank both Dan Brotzman and Jerrell Black for handling a couple of problems . I don't think people are measured by how well you can have things go. but how well you have handled the problems that cro p up. I am very proud of the professionalism and detail that you guys went into thi s with and I appreciate your help in getting it resolved so quickly . 3. She said I wanted to recognize the Police Department. I just heard fantaslic things. I loved the article that Tom Munds wrote and our cooperation with the City of Littleton in handling that young man who wanted to commit suicide . The sergeant from the SW AT Team was on the scene so quickly. We have calm people there that arc respectful of life and I appreciate the way they handled it and we weren't on the news. Maybe we should have been. for the way that it was handled. Had it gone bad. we certainly would have l(lltefl the press that other municipalities have gotten . That kind of cal m. professional attitude is reflective of the people who manaae thole men and I appreciate that very much . 4 . She said I wanted to thank the Keep Englewood Beautiful CommiltclC for comlna and talkina 10 City Council a couple weeks ago about the Run that they arc plannina for a fund raiser for the Hazardous Wuae Project for recycling . They really energized me and pve me an opportunity to partici;,atc. I appn,ciale that they allowed me 10 do that . She said I want 10 thank the people in the commwuty who ha11e come forwud . JU9l to name a few : the South Broadway Auto Dealers, John Cook: Paula with R1chud ~: C1tyCC111Cr Wine & Sptnts; Patriots and Loyalist Restaurant & Pub: Park and RecrcMIOII Depanmrnt : United Sludaol of Self DefCIIIC and Jim 8ahne with Valley Motors. I am urc that ~c w,11 ha\-e a lol more people come on boud before that race on /\uaust 2 ... II is a ' • • Englewood City Council August 2, 2004 PagelO 0 . SK Run and Walk and it will segue into the Family Fun Fest, which will be really nice and utiliz.e that area in Belleview Park. The first 150 people who sign up will get free Pirates Cove tickets . Thank you very much . 5. She said I wanted to congratulate Jeff Sanchez on his promotion. I am the liaison with the Code Enforcement Board and have appreciated the hard work that he has put in there . And on that DOie, I do appreciate you taking care of the skunk lady. That was very nice. I think she learned a lot more about skunks than she ever anticipated she would . But, it is nice that with the couple of problems that came up, how well you an: still dealing with that even though you have taken on new duties. Thank you . (ii) Council Member Moore said I would like to welcome Jim aboard. I look forward to working with you . Congratulation! Council Member Woodward said thank you . (iii) Council Member Bradshaw : 1. She said I too would like to welcome Jim. It is going to be fun . 2. She said the solution to the erosion that I talked about, that was under the Silver Cliff Apartments wall , I think we have gotten that taken can: of with Urban Drainage and Flood Conlrol as well as the property owners. It looks like, again , the Foundation worked to get two entities togelher that might not even know there was an iuue. That takes can: of that. Also special thanks to Dave Henderson on our staff for his wol'k on that. He has just been on top of it right away. 3. She said kudos to the staff on the Sounds of Summer at the new location. I think the transition was tough, but I think the people have really bought into it now . I hear really good comments about that. I don't know how the Farmers Market is doing . We just finally got produce last week so that will help I'm sure. 4 . She said there an: certain properties. that the vehicle ordinance that we puaed, is just not a<>ina to work on. Some of those an: corner properties without alleys. I jlllt wonder if Code Enforcemen1 could look a& .,_ of dime properties, in particular. The cue in point is the house at Gnni and Tufts, where he is puaiaa on an addition on the southeast corner. And there is something about it that he cannot comply. 10 if we could look at that property and work with him, I think that would really help . Council Member Barrentine said we had several iuues come up with the pad and thinas that Jeff was wortina on in trying to be compliant, as well as what the Code Enforcement Officers were tellina them and there is a limited space. And we will have to deal with that, because we have some odd lots . Council Member Bradshaw said corner lots particularly seem to be problematic. But Jeff, thanks again for all the work you do and congratulations. Lieutenant Sanchez said thank you . (iv) Council Member Tomasso: 1. He said I want to congratulate Jim . 2. He said I have another one of those car issues where it is up on the hill . It is up on Vassar . They have the front yard completely padded with concrete . They have three feet bet~n their duplex and the neat duplex . They sent pictures and they an: lookina for a variance on the trailer ordinance, becaua they have a motor home with a trailer attached to it and their boat and then they have a trailer with their two skidoo& and they an: all away from the sidewalk and they have lived there for seventeen years . There is a letter with that alto. They were lootiq for directions since, Code told them to concact Council. So I am brinaina it to you to see if we can come up with IOllle solution for this property. because they can't act to the back yard because there is no alley and !here 11 only tine feet between the buildinas. They said the C06l to store their vehicles would be $425 to $500 a year and they can't afford that. They have desianed thi s so that they can retire in five years. They boupt all the toys while they were working so they could retire. 3. He said I will be out of town next Monday . I will be aettina married Oft Friday. ,. ' ,., ,• • • Englewood City Council August 2, 2004 Pagell (v) Council Member Woodward: I. He said congratulations Ray . 2 . He said I would like to thank Council. I feel very honored to be included in this group and look forward to working with everybody here, being available to the citizens of Englewood and doing the best job that I can possibly do. I a lso would like to talk to Jeff some time about some pet raccoons . I have recently noticed a whole family underneath my deck. Thank you. (vi) Council Member Wolosyn: I. She said welcome Jim, it is a pleasure and I look forward to working with you. 2 . She said congratulations to Ray. 3. She said tomorrow night is Neighborhood Night Out. All of us, I am sure will be out there. I believe Jim is hosting a party. Mr. Woodward said Lauren and I will be hosting a three block pany. 4 . She said on Saturday night we had our big event outside with the Museum of Outdoor Arts and I think it was a success. I know staff put in a lot of time and always offers great support. and as always, thank you. 5. She said thanks to members of EEF for working hard to make a positive out of what could have been, possibly, a very negative situation, with David Taylor leaving. I also extend my thanks to Council for working to ensure that we still have the presence of the arts in the City. 13. City Manqer'1 Report (a) City Manager Sean said I j1151 wanted 10 say thanka to the llaff, bccauae wbiJc: they have been doing all these things, they are putting together the budget and the budget is a garpnlUIII task. We are ready or very close to a Preliminary Budget. We are looking forward to presentina the budget to Council in the next three weeks. with a number of alternatives. There has been a lot of hard work by all of the staff to put together our plan to present to you for this next year. 14 . City Attorney's Report (a) City Attorney Brotzman said my congratulations to Jim and to Ray. 15. Adjournment RETT MOVED TO ADJOURN . The meeting adjourned at 8 :35 p .m . ~~-' t .. .· • • ., 1. 2 . 3. \ . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 2,· 2004 . . 7:30 P.M. ' Englewood Civic Center -Council Chambers 1000 Englewood Parkway -~~glewoo~, CO 80110 .. c,n..; md,JJ:t/oti--- lnvocation. ~ Pledge of Allegiance. ~ 4. Roll Call . dH. ~ ~ 5. Minutes. 0 . tJf!lb-tJ Minutes from the Regular City Council meeting of July 19, 2004. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) •' a. Douglas Habgood, Championship Director for the U.S. Women's Open Golf Championship,' will address City Council regarding the June 2005 U .S. Women's Open at Cherry Hills Country Club. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) fr 8. Communications, Proclamations, and Appointments. ~ a. A letter from ~': A~am; indi~ng his resignation from the Planning and Zoning U/ ~ {p-O Commission,m~ /), . _ 11 b. A resolution a~{:)1).}~~~hen Hunt as a Regular Member on the Planning and Zoning K.,(A{Jf"e tpdl~!)mission. vv,~ fJ,,el/r:J-'f'!'Z':tJ'""on appointing Jhn Woodw"d" Ci~ Coundl Momh« At t,,ge.~ Please note: If you have a disabWity and need auxiliary aids ()( services, pleue nolify the City of Englewood (3 03 -762 -2405) at least 48 houn In adv~e of when services Ne needed. ~ ' ·:O. ... • • D Englewood City Council Agenda August 2 , 2004 Page 2 d. The new City Council Member will be sworn in by the Honorable Judge Vincent Atencio. Brief Receptioo~ ;~~~ ~U.. ?{!dplltk-~ 9 . Public Hearing. (None Scheduled) '(MN"__,) e. fr 10 . Consent Agenda . /1.LJA/J ?-0 ,8tJ,p~,91() /A~t/£.() TP ARJl~Ve. ~r A$~ 11/fSMf v-,r"' a. Approva of Ordinances on First Re~din'g'.'"'' / I) 6'-1 -Xi "'!0 /0~ I i. Council Bill No. 48 · Recommendation from the Election Co~mission/City Clerk's Office to approve, by ordinance, an intergovernmental agreement between th~ City of Englewood and Arapahoe County for the November 2, 2004 Coordinated Election. STAFF SOURCES: Frank Gryglewicz, Director of Finance and Administrative Services, and Loucrishia A. Ellis, City Clerk/Election Commission Member. b. Approval of Ordinances on Second Reading. (JU:1131 (fld~BP (NJIU Nl:--t/0 !JZ#Jh tftd-/lt/1 (N#t/-;;... di/ /j t./-1> i. ii. iii. iv . Council Bill No. 34, approving an Agreement with Centertnial Water and Sanitation District for Temporary Lease and/or Re-Diversion of Reusable Return Rows of Water. Council Bill No. 35, amending Tide 12, Chapter 2, Section 8, of the Englewood Municipal Code pertaining to Hotel Sewer Tap Fees. Council Bill No. 36, repealing and reenacting a new Tide 12, Chapter 6 of the Englewood Municipal Code, amending the Greater Metro Telecommunications Consortium Customer Service Standards. Council Bill No. 38, approving an Intergovernmental Agreement with the U.S. Environmental Protection Agency for the issuance of State and Tribal Assistance Grants for the Phase 2 Construction Project. v. Council Bill No. 39, amending Section VII, Subsection A of the Rules of Order and Procedure for the Englewood City Council pertaining to Public Comment. vi . Council Bill No. 41 , amending Article 12-8-12 of the Englewood Municipal Code to modify the voluntary non-participation provision in the Concrete Utility. vii . Council Bill No. 42 , approving an agreement with Colorado State University for a • Cooperative Research Project on Land Application of Sewage Biosolids. viii. Council Bill No. 43 , authorizing a License Agreement to maintain the City's easement along the City Ditch at 3596 S. Bannock Street. Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank ou. /!)Li ) ' ... .. • • Englewood Cily Council Agenda Augusl 2 , 2004 Page 3 0 NJ-# ix . Council Bill No. 45, authorizing a License Agreement to fence a portion of City Ditch adjacent to 3001 S. Pearl Street. (J)j,/JK x. ()2d;#46 xi. Council Bill No. 46, approving an Electric Distribution Facilities Extension Agreement with Xcel Energy for a Circulation System on the City Ditch. Council Bill No. 47, approving the Third Amendment to the Joint-Use Wastewater Treatment Facilities Agreement between the City of Englewood and the City of Littleton . c. Resolutions and Motions. i. Recommendation from the Parks and Recreation Department to approve, by motion, a contract for resurfacing the Recreati.:>n Center pool. Staff recommends awarding the bid to the sole acceptable bidder, A-Z Pools and Spas of Arvada, in the amount of $45,781.25 . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. 11 . Regular Agenda . a. Approval of Ordinances on First Reading. i. Council Bill No. 49 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an agreement with the Regional Transportation District for CMAQ funding for the Circulator Shuttle. STAFF SOURCE: Lauri Dannemiller, Community Development Manager. ~ b . Approval of Ordinances on Second Reading. tf2.J.--/rt/1, 'J,[) Council Bill No. 33, approving the Englewood Estates Planned Unit Development~ ~. Resolutions and Motions. /?»-183 i. OfJr?-p II. Recommendation by the Cqmmunity Development Department to adopt a resolution approving the Final Pl t of Englewood Estates Subdivision. STAFF SOURCE: Anthony J. Fruchtl. Recommendation from the Community Development Department to approve by ~ a contract for operation of the Circulator Shuttle. Staff recommends awardi ng the con tra ct to the lowest bidder, Laidlaw Transit Services, Inc., in the amount of $207,538. ST~~~E: Lauri Dannemiller, Community Development Manager. p r{,,Q[T Pf,....,, 12. General Discussion . a. Mayor's Choi e. Please note: If you ha\ e a di~bd11y and need auxiliary aids or seMce1, please notify the City of Englewood (303-7 62 -2405) at least 48 hours in advance of when service, are needed . Thank .. t , .. ,• • • Englewood City Council Agenda August 2 , 2004 Page4 b. Council Members' Choice. 13 . City Manager's Report 14. City Attorney's Report. Adjournment. er~~ The following minutes were transmitted to City Council belween July 16 and 29, 2004. • Code Enforcement Advisory Committee meeting of June 16, 2004 Please note: If you have a disability and nffd awuury aids or services, please notify lhe City o# Enalewood (303 -762-2405) at least 48 hours in advance o# when services are needed. 1'Nnlt D I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 19, 2004 ' The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:33 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Alleglamce The Pledge of Allegiance was led by Mayor Garrett. 4. RoUCall Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Garrett. Bradshaw, Wolosyn None [Clerk's note: There is a Council Member At-Large vacancy due to the resignation of Council Member Yun:bick. Mr. Yurchick's resignation was effective July 3, 2004.] Also present: 5 . Minutes City Manager Sears City Attorney Brotzman Assistant City Manager Aaberty City Clerk Ellis Director Olson, Safety Services Planner Fruchtl, Community Development Communications Specialist Hoffhines Director Ross, Public Works Senior Planner Langon, Community Development Director Fonda, Utilities Director Simpson, Community Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 12, 2804. Mayo r Garrett asked if there were any comments. questions or additions. There were none . Vote results: Ayes : Nays : Motion carried . 6 . Scheduled Vlslton There were no heduled visitors. Council Members Barrentine, Moore, Bradshaw, Garrett. Wololyn. Tomuao None ·~ .. • t • Englewood City Council July 19, 2004 Pagel 7. Unscheduled Visitors There were no unscheduled visitors. 8. Communications, Proclamations and Appomhmnts (J (a) A proclamation declaring Tuesday, August 3, 2004 as National Night Out in the City of Englewood was considered. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING TUF.SDA Y, AUGUST 3, 2004 AS NATIONAL NIGHT OUT IN THE CITY OF ENGLEWOOD. Vote results: Ayes: Council Members B11Tentine, Moore, Bradshaw, Garren, Wolosyn, Tomasso Nays : None Motion carried. Mayor G11TCtt presented the proclamation to Community Relations/Crime Prevention Officer and coordinator for the Neighborhood Watch Program Nancy Peterson. Mayor G11TCtt asked if she would like to make a comment. Ms . Peterson said get ready for another wonderful night on the town . Mayor G11TCtt thanked Ms. Peterson. There was applauae. (b) An e-mail from Gary Dounay indicating hi5 resignation from the Englewo od Transporlation Advisory Committee was conaidered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF GARY OOUNA Y FROM THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITIEE Vote results: ves: Council Members B11TCntine, Moore, Bradshaw, GIITCtt, Wolosyn, Tomasso .;s: None Motion carried. (c) A resolution appointing Alternate Member Daryl Kinton as a Regular Member of the Englewood Transportation Advisory Committee was considered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) • RESOLUTION NO. 80, SERIES OF 2004. RESOLUTION NO. 80, SERIES OF 2004 A RESOLUTION APPOINTING DARYL KINTON TO 11IB ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO. Votr rrsults: Aye : Council Members Barrentine. Moore, Bradshaw. Oanett. Wololyn. T-..o Nays: None Motion carried. ' • • Englewood City Council July 19, 2004 Page3 ·• • • Mayor Garrell presented Mr . Kinton with a cenificate and City pin . There was applause . 9 . Public Hearing (a) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No. 33, approving the Englewood Estates Planned Unit Development. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 33, APPROVING THE ENGLEWOOD ESTATES PLANNED UNIT DEVELOPMENT. Vote results: Ayes: Council Members Barrentine, Moore, Bradshaw, Garrell, Wolosyn, Tomasso Nays : None Motion carried and the public hearing opened . All witnesses were duly sworn . Planner Fruchll said before you is Council Bill No. 33, Case PUD 2003-01 Englewood Estates Planned Unit Development. At this time, staff would like to provide a presentation, for the record, for this public hearing concerning the proposed Englewood Estates Planned Unit Development. At the conclusion of the staff's presentation, the applicant will provide testimony for the record . At the conclusion of the applicant's presentation , both staff and the applicant will answer any questions that Council may have. Staff would like to ask that the Staff Rcpon and Notice of Public Hearing of the Planned Unit Development, which was published in the Englewood Herald, be entered into the public record . Additionally, staff would like to note that the posting of the property was done fifteen days prior to the Public Hearing and the Certification of Posting has been presented to the City Clerk. Staff recommends that City Council approve the proposed Englewood Estates Planned Unit Development. The City Council this evening m"ust look at, review and determine if the PUD meets the requirements for the PUD District Plan for the PUD Site Plan . Please note that the PUD process is the rezoning of the site and establishes zoning and development criteria specific to the given parcel . The District Plan establishes regulations for the PUD and the Site Plan establishes the design requirements. The applicant has submitted all the required documents and the proposal ~as been reviewed by the development review team . The applicant has conducted two neighborhood meetings and the proposed use is compatible with the surrounding uses in that area. The PUD application and applicant is going to be presented by Distinctive Builders, LLC which is represented by Mr. Mike Duggan. The subject property is a vaca nt parcel approximately 1.19 acres in size . Adjacent properties to the north , east and south arc zoned R-1-C. si ngle family residence district and contains single family homes . Adjacent properties to the west arc zoned 1-1 and arc used as automotive sales and engine repair facility. The Englewood Estates application proposes seven single family lots ranging in size from 5.116 square feet to the largest being 6,750 square feet. The proposed structures will be limited to single family development , plus accessory struc tures . Although home occupations are permitted, they arc limited to the occupants of the residence and must be co nducted entirely within the home . The home occ upa tions are co mpatible with the existing regulations loca ted in the Englewood Municipal Code and within the Unified Development Code. Again, as previously stated, the lot sizes range in size from 5, 116 sqiwe feet to 6,750 square feet with an average lot size of 5. 784 square feet. That lot size is comparable to the adjacent R-1-C zoning. which requ ire s a minimum 6.000 square foot lot size . The proposed height of the principle structures located within the PUD 1s 32 feet and i compatible with the Unified Development Code for residential zone districts . Setbacks arc establis hed by the deve lopment envelopes specific to each IOI and those are specifically shown on the proposed PUD District Plan . Please note th at although the development envelope is an area in which development may occur, provi ions IA 1th th e PUD preclude development from totally encompassing and enaulfing the whole development envelope . Landscaping requirements arc compatible with the landscaping standards of the Englewood Murucipal Code . Add11i onal provi 10n of the development envelope require that the garaac doon be selback a minimum of24 feci from Quincy . To me e the propeny in the proposed development will be throuah a pnvate drive which is West Quinc y 1rclc and that will be accessed from West Quincy Avenue . As West Qwncy Cirde is not a publ ic suect. a note h been placed on the Di tri t Plan stau na that the roadway doc not meet City 5tandards and that the road wall nc,er be mamtained by the Cuy. but rather through the Homeowners AssocaallOII. West Qwncy C1Tcle will travel in a one-IA y direction. entcnng at the we t intenceuon of West Quincy Circle and Wcst Qwncy Avenue and cxiung ' .• • • Englewood City CouncU July 19, 2004 Page4 on the cast intersection of West Quincy Circle and West Quincy Avenue. One-way signs arc proposed at each intersection and will direct visitors in the proper route . Those are shown on the Plan. All lots will be accessed via private driveways that connect to West Quincy Circle. A note , in addition, has been placed on the District Plan and the plat that prohibits access to Lot I from West Quincy Avenue that will prohibit the driver from coming in off of West Quincy Avenue . Parking on the private drive will be limited to two parking spaces located at the southwest comer of West Quincy Circle and two parking spaces located at the southwest comer of West Quincy Circle for a total of four off street parking spaces. To prevent snow from being plowed on to West Quincy Avenue, the parking spaces will be designated as snow storage areas . Parking is not permitted anywhere else along West Quincy Circle and 'No Parking' signs arc proposed to be posted, as indicated on the Plan . Electrical service is available from Xcel and will be underground . Drainage issues have been addressed and wiU be monitored in development of the permit process. Water and sanitary sewer services have been reviewed and approved by the City of Englewood Utilities Department and will be monitored in the development permit process also . Signage is proposed identifying the developers name and the property address . The proposed development is consistent with the overall intent of the Comprehensive Plan. At this time, the applicant would like to provide testimony for the public record. Thank you . Mike Duggan, 5984 South Iola Way , Englewood, 80111, said it is my great pleasure to stand before you and present the plan for Englewood Estates ... the City's newest subdivision. First of all I guess I should say, I don't have near as much to say as Anthony did, but I am going to try to give you guys a couple of quick highlights. The plan before you is the culmination of three years of hard work on the pan of our development team, the City staff and the community . It has been a team effort that has miuired countless meetings, new ideas and the willingness to see a piece of vacant land from a new perspective . Englewood Estates is a subdivision consisting of seven homes, like Anthony said, with an average lol size of 5,784 square feet The homes arc accessed by a private roadway known as West Quincy Circle. There will be a minimum of 1200 square feet per home and a minimum two car garages giving all those homes a total of four off-street spaces per home. At this point, 1 would like to just open up the hearing for discussion if you guys have any questions. Mayor Garrett asked if there were any questions for the applicant at this time. Mayor Garrett said 1 have a question with respect to the road which was not built to City standards. I take it you will be funding that through the Homeowners Association dues . ~ roads arc fairly expensive to maintain, what kind of assurance do we have that the roads will be taken care ol'I What arc your expectations u to what you will be having 10 collect? Mr . Duggan said we have not SCI an exact dollar figure on what is going to be collected. Put of lhat is going to be through the construction process ... where we know what the initial costs arc and then we are goin1 to do some estima1i ng on repair costs in five and ten year increments . Then at that point, that is when the dues will be set for the homeowners. · Mayor Garrett said one of the other questions I received. was that someone wu questionin1 the density level. I mean , when you look at R-1-C the minimum is 6,000 and over half of these lots do IIOI meet that minimum, so what makes you think that the density here is not too great? Mr . Duggan said basically our lots arc. on average, the same as most any other lot excepl that the averaae is going to be 9.3 feel shorter in the rear yard . So, our whole goal when we started was to try and fit ... obviously u a devc loper ... the mos1 we could into the parcel that made sense. We oripnally were cloler to dial 6,000 square feet, bu1 when we started making changes to the Plan flll" additional parkiq spaces. fOI" alllled putina. IIIOW storqe and wide nin g the road for Safety Services and some of the other thinp we did. we ended up haviq to shrink dlOlc lots down to meet different construction guidelines. We think that there is still a Imai for this type of constrllCtion in the Ci1 y of Englewood ... newer housing that is goina to be peat for families. while still bcina affordable in the City. Council Member Bradshaw said I have a question. What is the price ranp of thac? Mr . Duggan said they are expected to start in the low to mid $200,000.00 ru,e llld theft probably go up to around $300,000.00. Ms. Bradshaw said okay. t .... .. • • Englewood City CouncU July 19, 2004 PageS Mayor Garren thanked Mr. Duggan . Is there any more presentation from either the staff or the developer? There was none . George Stampados, 4325 South Lipan, said I am one of the properties that buns up on this field . When wc first heard about this, two years ago, we were talking three bedroom ranch-style houses on a basement. which is basically what is through that whole neighborhood , except for three tri-levels. Every time anybody from the tri-ievels ... and I am one of them ... tries to get a valuation or anything else, there are no other homes in the neighborhood that meets the same size or criteria of design, so wc can't hardly get a valuation on our properties. Almost every house there is a ranch style ... either raised ranch on a basement or a ranch sitting level to the ground on a basement Now those houses were originally proposed to us in the $139,000 .00 to $189,000 .00 category, which is what most of the houses sell for in this neighborhood. In fact. two houses have sold in the last year, after being on the market for a minimum of six months and they sold for in the neighborhood of$189,000.00. The house across the street from me ... and you all know Steve Neyer, I believe ... he just sold that house . That house went up originally for $330,000.00 ... it has just sold for I've been told ... for in the neighborhood of around $230,000.00 and it is about the size they arc talking about in the last meeting I was at, which was a two story four bedroom house. Now, that house sold for $230,000.00. They could not get it any higher than that. I looked in the neighborhood and there are no houses as big as what has been prescnlCd to me . The 22 foot tall house that was originally presented ... we went out with our neighbors and we all measured and found out if we go upstairs in our houses that we can just barely sec over those and see the mountains . If ou put a 32 foot tall house up, wc won't be able to see any mountains . We won't be able to see anything except houses and all of us bought lhcrc specifically because we had a view. My biggest concern is not that though. My biggest concern is if you put up a house this big, it is going to have a hard time selling, especially in the $259,000.00 to $289,000.00 range . That is about the figure you were talking about, the category, because nothing in our neighborhood is that expensive . So, they are going to end up selling for maybe $239,000.00 and depreciate all the rest of us down more. So, we are going to have a bard time selling ours. Plus, half of these houses ... or several of these houses ... are going to bun up against a car lot. a car rq,air shop, light indUSlry and storage. How many people want to spend a quarter of a million dollars for a house that buns up on light industry? I don't think this has been completely thought out as to how these are going to be marbled and disposed of. I know of other houses that are $30,000.00 more than the houses surrounding them, over in Sheridan, that have sat for three years and not sold. So, I think wc need to rethink how big these houses need to be and bow tall and stay within the confines of the rest of the neighborhood, before you devalue our houses and put up a bunch of houses that are too expensive to sell . I just think this needs to all be thought about and I don 't think it bas been addrcascd or looked at too closely. because IS I said. it has taken six months or longer to seU a house in our neighborhood lately . We are at the bottom of the hill . It is hottcr down there. So ... we aren't as desirable, I don't think. as some Olher parts of Englewood. On top of the hill, at my Mom's house, it is cool, but I have to run my air conditioning. All of these things arc going to have to be looked al in that development. before it is complctcly okayed and authorized . That is what I've got to say . Other than that. I think it is a great idea . I would love to sec it developed, but I think it needs to be de ve loped within the confines of what is already there ... in the rest of the community . Thank you. Mayor Garren said thank you very much . Mayor Garrett asked if there was anyone else who wanted to speak during the Public Hearing . There WIS no one . Mayor Garren asked if Council had any more questions for either staff or the applicant. There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER PUBLIC INPUf ON COUNCIL BILL NO. 33, APPROVING THE ENGLEWOOD EST A TES PLANNED UNIT DEVELOPMENT. Votr results: Ayes : Council Members Barrentine. Moore , Bradshaw. Garrett, Wolosyn. Tomasso Nays : None Moti on carried and the public hearing closed. Mayor Garrett said our general practice is that after the Public Hearin& we wait until the next meeting before we have final dcliberauon and vote on second rcadina . In response to Mayor Ganett. City Anorncy Browun and City ' .. .. • • • Englewood City Council July 19, 2004 Page6 Clerk Ellis indicaccd the council bill has been published. So, Mr . Brotzman said , we arc ready for final reading on August 2"'. Mayor Garrett said on August 2nd we will vote on whether to approve or disapprove or approve with conditions. Thank you very much . JO. Consent Asenda (a) Approval of Ordinances on First Reading COUNCIL MEMBER BRADSHAW MOvm, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (Ii), (W), (Iv) and (v) ON FIRST READING. (i) COUNCIL BILL NO . 34, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A RENEW AL OF A LEASE AGREEMENT BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER ." (ii) COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING OF AN AGREEMENT BETWEEN EXCEL ENERGY AND THE CITY OF ENGLEWOOD FOR AN ELECTRIC DISTRIBUTION FACilJTIES EXTENSION AGREEMENT REQUIRING FUTURE DEDICATION OF RIGIIT-OF-W A Y BY THE CITY FOR THE CITY DITCH RECIRCULATION SYSTEM. (iii) COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND JUDITH A. HARRIS TO MAINTAIN A PORTION OF THE CITY DITCH ADJACENT TO 3596 SOUTH BANNOCK STREET. (iv) COUNCIL BILL NO . 45, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEW OOD , COLORADO, AND GREGORY All.EN PICKETI TO CONSTRUCT A FENCE OVER THE CITY DITCH ADJACENT TO 3001 SOUTH PEARL STREET, ENGLEWOOD, COLORADO. (v) COUNCIL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLO RADO ST ATE UNIVERSITY (CSU) AND LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT . Vote results: Motion carried . (b) Ayes : Nays : Council Members Barrentine, Moore , Bradshaw, Garrett. Wolosyn, Tomasso None Approval of Ordinances on Second Rcadina There were no items ubmincd for approval on second rudina. ' • • 0 Englewood City Council July 19, 2004 Page7 (c) Resolutions and Motions ·• • • 0 There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 11 -Regular Agenda.) 11. Regular Agenda (a) Approval of Ordinances on First Reading (i) Communications Specialist Hoffhines presented a recommendation from the City Manager's Office to adopt a bill for an ordinance repealing and reenacting a new Title 12, Chapter 6 of the Englewood Municipal Code, amending the Greater Metro Telecommunications Consortium Customer Service Standards . I am here tonight to seek Council's support for a bill for an ordinance that revises and updates the current Customer Service Standards for cable television operators. The current cable TV customer service standards were originally developed by the Greater Metro Telecommunications Consortium and they were adopted in 1994 by the Englewood City Council . They were adopted to ensure quality customer service for cable subscribers throughout the Metro area. Over the past year or so, a committee of the GMTC has been meeting to update and revise these standards . The committee is lead by the GMTC legal counsel, Ken Fellman. The revisions that we are talking about tonight, recognize current technology and addresses customer privacy concerns . The language has been updated, cleaned up and clarified to match statutory definitions and to match our cable franchise agreement. Ken Fellman, the legal counsel for GMTC, addressed City Council at the July 12111 Study Session and presented the revisions, but I would be happy to answer any additional questions that you may have . Council Member Bradshaw said so this document contains everything we discussed at the last Study Session? Ms . Hoffhines said yes, it does. Ms. Bradshaw said okay. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 36. COUNCil.. BILL NO . 36, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll..L FOR AN ORDINANCE REPEALING AND REENACTING A NEW TITLE 12, CHAPTER 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AMENDING THE "GREATER METRO TELECOMMUNICATIONS CONSORTIUM CUSTOMER SERVICE STANDARDS." Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Council Members Barrentine, Moore, Bradslulw, Garrett, Wolosyn , Tomasso Nays : None Motion carried . (ii) Director Ross presented a recommendation from the Public Works Department to adopt a bill for an ordinance amending Article 12-8-12 of the Englewood Municipal Code to modify the voluntary non- participation provision in the Concrete Utility . We arc here tonight to ask you to modify the non-participation provision of the Concrete Utility, commonly known as the opt-out provision . We are at a point where we are seeing that entire frontages of people's property are being removed with the Concrete Utility and with the fees that are be ing paid , it is about $50.00 a year on average . That pays for about a fOOI and a half of coDCTCte, so it will take a long time to reimburse the Utility and if people opt-out after we have removed their entire frontage , the entire viability of the program is really being threatened . If you have any questions. I will be happy 10 answer them . Mayor Garrett asked if there were any questions for Mr . Ross . There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) • COUNCIL BILL NO. 41. .. ' .. /, I • • 0 Englewood City CouncU July 19, 2004 Page8 COUNCIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW 0 A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 8, SECTION 12, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ALLOWING PROPERTY OWNERS TO "OPT-OUT" AFTER THE UTILITY DEPARTMENT HAS MADE CONCRETE REPAIRS ON THEIR PROPERTY . Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, TolllUIIO Nays : None Motion carried. (iii) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving the Denver Seminary Planned Unit Development and aetting August 16, 2004 as the dale for .the Public Hearing to consider testimony on the Denver Seminary Planned Unit Development. She said before you is Council Bill No . 40 and it is a request to rezone the property lhat is commonly referred to as the Denver Seminary site ... an eleven and a half acre site ... to rezone it from MU-R-3-B, which is a high density residential district, to PUD . This rezoning would be to allow 3SO residential units, along with approximately 65,000 square feet of commercial retail space . Mayor Garrett asked if there were any questions for Ms . Langon. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (W) • COUNCIL BILL NO. 40 AND TO SET 11IE PUBLIC HEARING FOR AUGUST 16, 20N. COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 3401 SOUTH UNIVERSITY BOULEVARD , IN THE CITY OF ENGLEWOOD, COLORADO . Mayor Garrett asked if there was any discussion . Council Member Bradshaw said I would think that if Council would hang on to this information then staff wouldn't have to re surrect it again . I just think that would be helpful . Mayor Garrett said I think it is also good to point out that this is a three step process . The first process is that if it passes this evening it will get us to the public input section, where we can gather input. I know that some Council members may have some questions over the next couple of weeks, that they want to make sure they get answered during that Public Hearing process . So stay tuned , I would say, for the developers, as well as the staff. Ms . Langon said thank you . They will be available that evening . Ms. Langon said the trees thank you too, if we don't have to reprinl everythina . Vote resulu: Motion carried . Ayes : Nays : Council Members Barrentine , Moore, Bradshaw, Garrett. Woloayn, Tomauo None (iv) Director Fonda presented a rocommendalion from the Utilities Department to adopt a bill fo r an ordinance amending Title l hapter 2, Section 8, of the Eqlewood Municipal Code pertainin1 to Holel Sewer Tap Fee . He said hotels have been clwaed an cquivalellt, the same as thal many llinale famil)' reaideau pee eac h room, and a number of them attempted to show that they could uae less contribution than that. We have bad a ' .' • • •• Englewood City Council July 19, 2004 Page9 • very difficult time administering that. Many of them do use less, but typically we find that they run in the 50 to 75 percent range. So for case of administration ... and there have been legal problems in collecting on bonds and letters of credit and so forth ... the staff recommended to the Water and Sewer Board and the Water and Sewer Board is recommending that we simply establish the hotel sewer tap rate at 75% of the standard tap. That would be if it had a 100 rooms, it would be the same as 75 equivalent residential units. Mayor Garrett asked if there were any questions for Mr. Fonda. Council Member Barrentine said wouldn't the financial impact be that you would collect more money? Mr. Fonda said I think we would probably collect about the same, but we would have a lot less expense in collecting it. If we stayed with I 00%, we would collect a little less than that, but I don't think it would have any material impact on the Sewer Fund . Ms. Barrentine said okay. Mr. Fonda said ifwc went for the full JOO%, we would collect more money, but at 75% it won 't have an impact on the Sewer Fund. We will collect less, but realistically they haven't been using the full 100%. Most hotels don't use that much water. Mayor Garrett asked if there were any further questions . There was none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) • COUNCIL BILL NO. 35. COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAYfER 2, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO HOTEL SEWER TAP FEES . Mayor Garrett asked if there was any discussion. There was none. Vote results: Motion carried . Ayes: Nays : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso None (v) and (vi) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance approving the Third Amendment to the Joint-Use Wastewater Treatment Facilities Agreement between the City of Englewood and the City of Littleton and he presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Comminec to adopt a bill for an ordinance approving an Intergovernmental Agreement with the U.S. Environme11ta1 Protection Agency for the issuance of State and Tribal Assistance Gran ts for the Phase 2 Construction Project. Mr. Fonda said both these items relate to ·our being issued a State and Tribal Assistanec Grant through Senator Ca mpbell 's office for a million do llars toward the construction of the Wastewater Treatment Plant and we will reapply next year , although we are not quite as confident that we will receive the grant. Both of them represent -conditi o ns that we need to fulfill in order to finalize the grant, which has been awarded . This would be the third amendment to the joint-use agreement . We did not have, in the joint-use agreement, how we would divide the funds that we would receive from grants and how we would apponion the costs that are necessary to receive them . The way we have worded it, is that it will be done exactly as all Olher expenses arc done . There is a fonnula as to whether they arc c~ital or whether they are operating expenses and it will be divided in the same manner as other expenses are . Mayor Garrett asked if there were any questions for Mr. Fonda. Council Member Bradshaw said how did we get a Tribal grant? Mr. Fonda said we app li ed ... wc heard about it and so we just went after it. Senator Campbell is on the commission . Ms . Bradshaw said and we qualified? Mr. Fonda said yes. we uc qualified . ' .,• I, • • 0 Englewood City Council July 19, 2004 Page 10 •• • • Mayor Garrett said if Council so desires we can move both of these items at the same time. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) • COUNCIL BILL NO. 47 AND AGENDA ITEM 11 (a) (vi)· COUNCIL BILL NO. 38. COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, PERTAINING TO THE ''THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD, COLORADO FOR JOINT WASTEWATER TREATMENT FACILITIES." COUNCIL BILL NO. 38 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED ST ATES ENVIRONMENT AL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE ISSUANCE OF STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT. Vote results: Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn. Tomasso Nays: None Motion carried. (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. (c) Resolutions and Motions (i) Director Fonda presented a recommendation from the Utilities Department to approve, by motion , a contract for Removal and Disposal of Allen Plant Alum Residuals, with Waste Management, Inc .. in the amount of $163,260.00. He said the Allen Plant Residuals are at just enough radio activity, from the clay that is in the river , that they have to be reviewed by the State Health Department as to their disposal. We have been co- mingling them with din and building berms at the golf course. We have used up all that space . There is quite an issue going on up and down the front range, because a number of communities have not gotten Health Department approval on how lo do it. We have worked with them and have found Waste Management has a site that is qualified to accept it. We went out for bids and they wanted $143,000.00, I believe , for one years supply. There were two very low bids. but neither of them qualified . We negotiated with them and we came up with the price of $163 ,260.00 for two years supply, so it is almost half. This gets us out of the bind that we are in, where we have a pi le of material that we have to get rid of. It will be moved rather quickly. Then that would give us an opportunity to ha ve time to see if we can get more reasonable disposal costs. Although, he noted, thi s is getting close to what we were expending ... almost $50,000.00 a year ... doing the berms on the golf course. Mayor Garrett sai d what is your perspective of the health hazard? Mr. Fonda said actually if you want to put it in perspective, you get more radiation living in a brick house, than you do standing next to our pile for a year ... but it is measurable. Mayor Garrett asked if there were any questions. There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH WASTE MANAGEMENT, INC. FOR REMOVAL AND DISPOSAL OF ALLEN PLANT ALUM RESIDUAL IN THE AMOUNT OF $163,260.00 FOR DISPOSAL OF TWO YEARS OF PRODUCl10N. ' • • 0 Englewood City Council July 19, 2004 Page 11 ·• • • Mayor Garrett asked if there was any discussion. There was none. Vote results: ~---. i .• J -- Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso None Motion carried. (ii) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, a construction contract for the Phase 2 Expansion Improvements at the Plant, with Western Summit Constructors, Inc., in the amount of$87,I00,900.00. He said we went over this in detail at the Study Session last week and the only thing that has changed is that Littleton will consider it at their August 3rd meeting, although they have assured us that there should be no problem from their end . With that, we would recommend the bid be accepted in the amount of $87,100,900.00 and we will hold the award of contract until Littleton has made their final decision on August 3rd. Mayor Garren asked if there were any questions for Mr. Fonda. Council Member Wolosyn said this is something we split with Littleton? Mr . Fonda said yes, it is a split 50/50. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH WESTERN SUMMIT CONSTRUCTORS, INC. FOR THE PHASE 2 EXPANSION IMPROVEMENTS AT THE PLANT, IN THE AMOUNT OF $87,100,900.00. Mayor Garrett asked if there wa~ any discussion. There was none. Vote results: Ayes: Nays: Motion carried. 12 . General Discussion (a) Mayor's Choice Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn, Tomasso None Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Tomasso said I had one resident that questioned the Zoning Commission the other night. A res ident requested to use telephone poles for fencing and to build retaining wall s from telephone poles. The resident has a concern about the environmental health affect of using poles that arc treated with arseni c or creosote and what that will do to the environment. .. the sawdust in the air from cutting the poles and what that docs to the c hildren in the area. It passed. I think, on a 6 to I vote, that he could use that. So he had a question, if that falls within something that we should look at in the future . The person that is acquiring the telephone poles will be getting them for a really reduced cost and signing a waiver that he knows they contain the carcinogens . So is it something the rest of the City Council could be conccmcd with, or is it something we should be concerned with ? Cou ncil Member Brads haw said someone else clear this up a little bit more. Direc tor Simpson said yes, thi s was a questi o n that was brought before the Planning and Zoning Commission. The applicant had requested that they build their fence out of these materials. We felt that they were inappropriate fencing material s. There is , of course, always an appeals process, which you can go through and the applicant felt that s taff's interpretation of fencing materials. with this panicular material , was incorrect, so we chose to take it to ' • • Englewood City CouncU July 19, 2004 Page 12 ·• • • the next level. That would be the Planning Commission and the Planning Commission felt it was an appropriate material. If Council would like to take a look at that and choose to determine whether that is an appropriate material for future use and direction, we would love to discuss that. Council Member Bradshaw said he used telephone poles to build fences? Mr . Simpson said those kinds of materials, yes. So, Ms. Bradshaw said, esthetically it was not an issue? Is that correct? Mr. Simpson said I am not sure exactly on what basis they determined that to be acceptable. Ms. Bradshaw said in the landscaping business , they are phasing out the arsenic impregnated timbers and they put in a new material. So those arc not going to be available ... the green ones that you see all over. Director Simpson said that is true. Ms. Bradshaw said the industry is phasing those out and I don't know that I want telephone poles. Mayor Garrett said the question for us would be whether we want to. basically. make a prohibition in the type of material. Mr. Simpson said we could bring a policy discussion as a Study Session item, back to Council, if you would like. Ms. Bradshaw said I would like that. Mr. Simpson said we will do that. (ii) Council Member Wolosyn said I want to thank Stu Fonda and the Utilities Department for completing the deal with Xcel that allows the recirculation pump to go in for the City Ditch at 2700 South Clarkson. I know how much work it was, especially for Bill McCormick, so thank you. (iii) Council Member Moore said I had a friend and colleague of mine just compliment Bob Simpson. Bob spoke to .. .! think ... an 1-70 Corridor development group and told them a little bit about the development of Englewood. My friend was really appreciative of the presentation and said Bob did a great job. I just wanted to acknowledge Bob's representation of the City. Thanks. (iv) Council Member Bradshaw: I . She said at the Parks and Recreation meeting on the s• of July. we found out that we arc pan of the Silver Sneakers Fitness Program here in Englewood. That is where people get reimbursed for their fitness classes through a program. Here is the flyer on it, with my notes all over it. But what it means, money wise, would be $20,000.00 to the Malley Center and $5 ,000 .00 to the Englewood Recreation Center to help people offset fees. We just missed it last year and then this year Joe Sack said we got it. We have the new fitness equipment, so the additions are paying off. 2 . She said there is a semi-crisis going on at Big Dry Creek. The wall at the Silver Cliff Apartments, because of the rains that we have had . is being eroded underneath the footings of the wall, so that whole wall could just come down. The South Suburban Foundation can't pay for that, this is an Urban Drainage issue. So, please have someone from our staff contact Urban Drainage. City Manager Sears said okay. He asked Director Ross to do a follow-up. Council Member Bradshaw said this is at a crisis stage. We walked it Friday. The contractor is sitting there waiting for our bridges to come in and they are late. So the contractor is already marshaled, ready to do the work , but we just need the money . It would be about $58,000.00. We don't want to build the trail and then have people go teari ng across it to fix the wall, and then have to replace the trail again. It is because of our recent rains that this all came to fruition . It is just eating it out. .. there is no vegetation on the lower third of it. And, pans of Dry Creek are being cut under, because of the urban runoff. So. it is at a crisis point. I don't know how we do it, but I know the Foundation docs not have the money to do it . Director Ross sai d we will c heck with Urban Drainage and see if they have funds available. Ms. Bradshaw said I know there arc some emergency fund s there and this is probably close to an emergency as you can get. If any of yo u want to go look at it, just get off at Lehow and then walk back toward the east, toward where the bridae is aoing to be and look under there. It is probably a three or four fooc chunk out from under the wall. We ori&inally wanled to put the trail there and fix that, but they didn't want to give us an easement. so now they are aoin& to lotic the wall . And. it is in Englewood . I thought it was in Littleton, but it is Englewood . ' .. • • Englewood City Council July 19, 2004 Page J3 •• • • 3. She said I have some stats on the Water Park . We arc averaging 1000 people a day. And on the 7m of July, 2,134 people went through the door, so we arc on track for our revenue . The Parks and Recreation Department also has three interns ... Sarah, Jessica and Lance . It was nice to meet them . The Water Park is doing quite well . 4. She said I attended a South Suburban Park District meeting, because the Foundation ... thc bike trail group ... won a national award, the Americans for Our Heritage and Recreation award . I think they give out four a year and we got one for the Big Dry Creek segment that has just been completed. So, I was presenting that to the Board . Do you remember the memos we had going back and forth between Dave Lorenz and Jerrell Black? Jim Ryan would like to sit down, on a political level, and try to iron out our differences with South Suburban. I would like Council's permission to do that, with anyone who would like to participate. Get two of their Board members and two of our Council members, if we can, and try to iron out the difficulties. There arc some things that we need to talk about, as far as parking and signagc, to help us park over there . Staffs aren't arguing ... it is just that their perspectives arc different. Mayor Garrett asked is there a Council member who would like to participate in that discussion. Council Member Wolosyn said I was wondering about the Mayor participating, as he lives in District 4 . Council Member Bradshaw said yes, if he has time . Council Member Barrentine said I would be happy to participate in that too . If you want to share it, I would be more than happy to learn a little bit more about what is going on with that. So , Council Member Bradshaw said, if that is all right, I think that's what we will do. I just wanted Council's permission to do that. 13 . City Manager's Report (a) City Manager Sears said I just wanted to mention that Chris mentioned to me, before this meeting, that there arc some police activities over on Sherman Street. Also, normally I don't make notice of appointments, but there arc a couple of critical appointments that Chris has made that I think Council should be aware of. I think they arc excellent appointments and I would just ask Chris to speak about this for a couple of seconds. Director Olson said thank you. As Council is aware, Safety Services has been undergoing some significant personnel changes, especially in the last six months . A lot of people have been leaving. but a lot of new people have been coming on board . I have also had several retirements, which have allowed me to make some upward mobility appointments in the organization, especially in the Police Division . As you arc probably aware, Lieutenant John Collins has been appointed to the position of Commander in charge of the Patrol Division 11.nd he will have the Traffic Unit under him . as well as Neighborhood Services. And, to fill his position, we conducted a very tough selection proce ss, which was very difficult because I have a great group of sergeant candidates. I am quite proud to say that I have exceeded the expectations. for most sergeants in the metropolitan area. by making sure they have the ir Bachelor degrees and have gone through extensive post graduate education as well . But out of that group I made a determination to appoint Sergeant Jeff Sanchez to the position of Lieutenant. He will be in charge of Neighborhood Services, so there is go1ng to be a fairly smooth transition to what we have been doing, at least over th e pa st two years . Hi s position is effective today . Lieutenant Collins' was effective last week. with the retirement of Co mmander Steve Knoll . So we arc moving ahead. Luckily. with the City Manager's permission, I was able to fill these positions with a relatively low budget adjustment. In addition to that, there have been other people who ha ve left . but we have not filled their position. Bull thought it was critical that you knew about that today. You can expec t to ha ve two ve ry competent people handling Code Enforcement and all those services that arc related to that. There will be another sergeant moved into Jeff Sanchez' position and we haven't determined who that is going to be yet. They are drawing straws right now to see who wants to take that responsibility on. We will make sure that we get a co mpetent tea m that is gcing to be working to resolve a lot of these issues that we have discussed in the past, so ... with that , thank you. Council Member Brad shaw sai d well done Chris. ' • • Enpwood City Council July 19, 2004 Page 14 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. The meeting adjourned at 8:23 p.m. • t .' • • MEMORANDUM TO: City Council THROUGH: FROM: DATE: Gary Sears, City Manager & Ken Ross, Director of Public Wo ~ July 27, 2004 SUBJECT: 2005 U.S. WOMEN'S OPEN AT CHERRY HILLS COUNTRY CLUB The attention of the golf world will be turned toward Cherry Hills Country Club in the later part of June 2005, as the 601h U.S. Women's Open comes to town. We have been working with the event coordinators with respect to their transportation plan. The goal of everyone involved is to try to prevent traffic congestion and gridlock around the Country Club area which would spill over into Englewood. Public parking areas are going to be provided within the Denver Tech Center and people will then be bussed to the admission gate at Quincy and University at the south side of the Country Club. Local parking is only going to be provided for contestants, corporate guests, media, officials, staff, vendors, club members and volunteers. Some of these smaller parking areas may be located within Englewood city limits. According to the plan, the only street in Englewood that is to be impacted will be Clarkson Street from Quincy to Belleview, as empty busses from the public parking areas will be traveling west from the Country Club on Quincy and then south on Clarkson to do their return trip to the T,<ech Center on Belleview. The other issue is that U.S. Women's Open would like to request time to advertise this event using our Broadway street banner location. They have requested a large block of time from May I to June 26 in 2005 . Obviously the City will want to be advertising the Pirate's Cove Opening beginning in the middle of May to Memorial Day Weekend, as well as advertising for the Summer Concert Series the first two or three weeks in June . Our Street Banner Policy indicates that non-city applications can only be accepted 45 days prior to installation, and that City functions take first priority. • t .. • • Douglas Habgood, the Championship Director for the U .S . Women's Open Golf Championship will be attending the regular City Council Meeting on August 2, to make a presentation about the Open and some of the things that will be happening as a result oftbe best women golfers in the world coming to Denver to play for the U .S . Women's Open Championship. /lw Attachments: City Street Banner Policy U.S Women's Open Banner Application May ond June 2004 Banner Calendar Morch 200!5 , City Transportation Plan Comment Letter c : Jerrell Black Douglu Habgood 2 : • • City of l:a&Jewood Street Bauer Polley · 1. Stre:t bamim shall be pamitted' md imralled in accordaac: with this policy. 2. Stre:t bamics shall be placed only a locations cfesipred by me Department of Public Works md me Offic: of'Neiifibodu>od md Busimss Dne!opmem. 3. The Depanmc::tt of Public Works shall install md remove all street blamm. 4. All stre:t bamic:s shall be sponsored by one ofme following: a. City of Englewood or City affi!iau:d as=c'!, b. Englewood School Distric:, or c. C'llllrirable organization, as defuled in Internal Re-,e:nie Code 26 USCS SO 1. The organiz:Irion·s ta.'C--exe:npt ID number must accompany appliC3rion. S. Tn.e Depa.nme:u of Public Works shall maintain an amwal me:: banne:-calendar. 6. Sa-=r banne:-applications shall be submitted co me Dej:artmCI of Public Works. 7. P:::nits for mm banne:s shall be issued on a first-aime-first se:ved with City ofEqlewood eve:its having priority . 8. Non~ity applic:irions shall be ac::pted no more th:m forty-five (45) days in advance of installation. 9. Banne:-s shall not be installed more than thirty (30) days before an event. Sannes shall be displayed for a period not :o exceed thirty (30) days. 10. Tne Departme:u of Public Works shall issue pe:mits and collect pmnit fees for all street banne:-s. 11 . P:::nit fe:, to cove:-installation and re:noval, shall be in the amount" of one hunared md fifty dollars (5 150 .00) pc:-banne:-. No pe:mit fe: shall be required for City of Enalewood or E!lilewood School District bannm. 12. City of Englewood rescves the ri&ht. 11 my time, co discontinue the plac:me:it o(bamlm or to re:nove banners. Pap l of2 ' • • ~ :-•.. · :-::."",~~-~~---~-~-·,·-... . .... ·. : ·.--:..~~ ... ~-~~-~. ----. . -~--~ ~:;r. ·;·.t..: ·-:~---~~ . . 13. All bmmm sbaD meet the t'ollowiq Depaumem: of Pabw: Works approved ,peci&:atiam: L Banner ID be manufactured from durable~ aylon cloth mazmw to minimize wind loadiq. &. A bavy pqe aylon suap shall be double sti1Cbed aJoaa all mur sides ofbaaaer. c. Brus ~ (minimum i mch iD diamcrer) to be imened' at a minimum of 24 illches spacing aad • all mur c:ome:s. d. Banner ID be accompanied by 100 h of~ inc!i polyeszer rope and adequaze aumbe: of City ofEnafewooci approved cable rinas. e. Maximum bam=r size shall aot exceed :;s 6:et by 4 feet. f. Non-mesh messap are:i shall be a maximum of -1,() square feet and may be in the form of one solid are:i or many small are:u. 12-98 ~ ·1·,.--':"""'l.,. .-,-..mr.....:.· •. .....,. :.:.a: --..rna.=-~-----/t ;· I o e .~ .v ,., i :\ ! <;: I II . ,,. , 11 -._. ---------- t ... ... .. • • -· CITY OF ENGLEWOOD APPLICATION/PERMIT for STREET BANNER Organization. _ __,2""'00=5_u .... :.o:>'--='v:o=t'.Y'C.I.Llt'.ls.o1·.s.>-ll<C28>"::::i::ll,II;.:::. _________ _ Tax-Exempt ID No. j·~ -l'j 2-, I o:S: Contact Person 6'ar.u, ~aw, t-.,.,... Phone: J-.3 >i"v t,i3v work Date of event: Jw'!c .2.0 -z..c,, .2 oo '2 Banner placement dates: from MAl.f 1 1 2.0 o ,.- through J\.l,, e ~~. i.., o .;- Applicant signature ~@C Approved: Director of Public Works Perm it Fee : $150 .00 (6 Qoi.o le _________ home Note: Non-City organization applications shall be accepl9d no more than forty-llve ('5) dayl prior to installation , and banners shall not be installed men than 30 days befcn an event. Banners shall be displayed for a penod not to UCNd 30 days . ' ... • • \, t . . ·:-:. •.·· } 1:: ,·:·· · .. \i · ... } ..... '· ...... {_·· .. s -,;,)1 :·:::, • LAN El MAY 2004 .... ,,SUN TUE SAT~ WED THU FRI MON --· 1 1-..-o.w1111 2 12311143 3 1241242 4 1261241 J .. I-6 127/ZII 7 I-8 ·~; u.wo.r-1~ I ,) _ .. ..._(Ill (IJI() 9 13'W31 10 IJl/236 11 13212l4 12 1331233 13 13412311 14 1:.12:11 15 ·-_., oar «c. us1 Molw'l~(MI .-..... ,_ Dow (U8l -'~ I 16 IJ7/2211 ]l IJW228 18 1:lll/227 19 140/ZHI 20 141/226 21 1421224 22 14:Wm I. • ~J-:u, c,,,,, I '?f& .... :.._~ I I I I I i 23 1441222 24 1451221 25 146/2211 126 141"111. 27 1411211 28 I.-Z17 29 IICWIII -~(Cl I • --1 ~ 30 151/215 ~1 152/214 I I j ~ Obo.ow wd (US) I i Sjw,ng -llQliiaw (IJI() I • ····------..... -----------.. ~"· . :i,,r,·vi»I .. ,., .. I .. t W t f • I• T W 1 f I .. ,.,,. I• 1 Wt f I •• 1 • ' •• .., .... .. ,.,, . .. ,., .. I I I I I I I t I I I I I I I t I I f I I I t I I I I I t I I ' ... • ' ·= J 1~ •' . ... ' .... .. .... ' . I l I I• u II 4 I I J I I .. I 1• H II. M I I f I I W II I I I I f I I ........ ······" . ... .: 'J .... J:•····il1 . ·1 " ......... I .. u 11 U •• M ............... ti qg M IIIIU .... . .... . ..... . . ., . . ......... ........ ........ ... . " ........... .. u .. ,,aJ• u ........... Mt1•1t•n .. ......... ··"···· ,, ....... "······ ••••••• ::::::: ....... u, .... ., •• ..... ... ., ... , . .... ...... ........ ••• • ••••• ::· .... :: \~ ••• .. • • • • • .. _! ...u..:. -'-·-----... ----__ .__ ·----....~ - 0 . . .. . '• . .... .. .. · ... , ~- . • •.. fi • • . . ~- . , _..,. ~ . . . •. . :~ ..• . .. , . •.' ... • •' . . • :~. . . ., : ~·. 0 · ...• ... •.· .. . • . ·"' . \, ~~~ JUNE 2004 SUN 6 ·- 13 11812111 20 172/1114 Fott,e,'olley 27 1791187 MON 1 7 IIMll207 8 ,Jw,v.~ C,'Y\r~ 14 llNl/200 15 Flllglley(U81 2 ·1 1731113 22 _....,. t~ f!-r- 28 11111181 29 ~~'t I• ~a;-p • I I I 4 I I r • I• ...... , ...... ......... ........ --• a f W I f I t I t 4 I I J I Ill t1 ti II M ............ ........ .... TUE 1531213 I- 1e111• 17411112 1111115 --.. ' . ' .. I I I I .. ' ... .. .. ....... , .. ••e••••• ••••• WED . THU 2 15-4/212 3 1551211 j l l I 9 181/20li 10 ·- I 16 1111111 17 1•111 1751191 1111/11111 23 24 81 . .-...- 30 -=t---. . ' . ' .. I I I • I I t I I :::::,::: .. ..... . .. --. . ' . ' .. t I I I I I ' . ··"·· .. ..... . ........ ••• --. . '.' .. t I I I .. ' ..... ••••••• ••••••• • ••••• l(Ml,ocl ' 4 11 18 25 ' FRI SAT 191/JIO 5 ,.,_ ·-12 - 171111N 19 17"'· ' 117/IN 26 11111• • March 15. 2004 Mr. Doug.las Hapgood, Championship Director 2005 U.S. Women's Open Cherry Hills Country Club Cherry Hills Village. CO 80113 Subject: Prel1m1nary Transportation Plan for the 2005 U.S. Women's Open Dear Doug: We reviewed your Preliminary Transponation Plan and appreciate your effons to limit the traffic in and around Cherry Hills Country Club. Of the three proposed bus routes listed in your Preliminary Transponation Plan, only your "Public Parking Loop .. busscs will be utilizing Clarkson Street between Quincy and Belleview Avenues. As we discussed. you will provide the residents along this route with advance notification penaining to the expected additional traffic and busscs going to and from the tournament during this June 20-26, 2005 event. We hope that you will work with RTD to provide transponation to and from the Englewood CityCenter Light Rail Station for this event. And, as we indicated at our advance notification meeting last year. we may be able to provide our Motorized Horsccar for this purpose, providing that our costs to operate the vehicle are covered by the Tournament. Additionally. as I previously indicated, counesy type directional signs may be placed in City rights-of-way. however, you will need to coordinate the placement of these signs with our Traffic Engineering Division . Enclosed is the Banner Application form for our South Broadway location, as you requested. Please note that. according to the City of Englewood Street Banner Policy, banners can be placed for programs sponsored by the City of Englewood, Englewood School District, or Charitable Organizations . Additionally , the policy states that non-city applications can be accepted no more than 45 days in advance of installation. Please also keep in mind that City functions have first priority for banner placement . If you are, in fact, interested in placing a banner on Broadway, please write me a letter requesting the banner and indicate the time ' • • ' period, as well as the length of time, you desire. I will then approach City Council on your behalf to seek relief from these policy restrictions; or, if you prefer, we can schedule you to address City Council at a Study Session . We look forward to working with you on this endeavor. If you have any questions, pleue feel free to call me at 303.762.2501. Sincerely, Ken Ross, P.E. Director of Public Works Enclosure c: Gary Sears Ladd Vostry • t .. • • To my fellow Commissioners and the City of Englewood Staff, I must announce that I have put my home on the real estate market. I intend to move to Summit County with my family in order to be closer to my favorite sport. That is, skiing! Therefore, I must resign my position as a Planning and Zoning Commissioner for the City of Englewood . I have thoroughly enjoyed working with each one of you and I have learned a great deal about how a small city operates. I have been impressed by the knowledge and concerns that each of you have brought forth in our meetings and, knowing that, I feel sure that the City of Englewood will continue to be a very pleasant small city to live in. You know, I have lived in my house for 14 years now and I already miss it! Thanks for making the City a nice place to live . And, thanks for all your support and your friendship. I will attend the meeting on July 13, 2004 and make my resignation effective on July 22, 2004. Sincerely, Mike Adams • t .. • • RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING STEPHEN HUNT TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Stephen Hunt has appl:ed to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, Stephen Hunt was previously named as an alternate to the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint Stephen Hunt to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Stephen Hunt is hereby appointed to the Englewood Planning and Zoning Commission. Stephen Hunt's term will be effective immediately and shall expire February 1, 2007. ADOPTED AND APPROVED this znc1 day of August, 2004. ATTEST: Douglas Garrett, Mayor Loucrisbia A. Ellis , City C lerk I, Loucri s bia A . Elli s, City Clerk for the C ity of Englewood, Colorado, hereby certify the above is a true c opy of Resolution No._, Se ries of 2004. Loucrishia A. Ellis, City Clerk t RESOLUTION NO. SERIES OF 2004 A RESOLUTION APPOINTING JIM WOODWARD TO THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Michael Yurchick resigned as Council Member At Large from the Englewood City Council effective July 3, 2004; and WHEREAS, Section 28 of the Englewood Home Rule Charter requires the position to be filled within 30 days; and WHEREAS, the person filing the vacancy shall serve until the next general municipal election; and WHEREAS, Council has interviewed persons interested in filling this term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Jim Woodward is hereby appointed to fill the vacancy, left by resignation, for the At Large Council Member. Jim Woodward's term will be effective immediately and will serve until the next general municipal election in 200S. AooPTED AND APPROVED this 2nd day of August, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2004. Loucrishia A . Ellis, City Clerk ' .. • • COUNCIL COMMUNICATION Date: Agenda Item: August 2, 2004 Initiated By: Election Commission/ City Clerk's Office 10 a i Subject: Staff Source: Intergovernmental Agreement with Arapahoe County for Coordinated Election Services Frank Gryglewicz, Director of Finance and Administrative Services Loucrishia A . Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has participated with Arapahoe County in conducting coordinated elections since 1993. RECOMMENDED ACTION Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 2, 2004 Coordinated Election. Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted, throughout the State, by County Clerks. The County has the capability of coordinating this election and including the City of Englewood. The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 2004 coordinated election, the City of Englewood must enter into an in tergovern mental agreement with Arapahoe County. Staff has reviewed the proposed intergovernmental agreement and concurs with the Commission's recommendation. · FINANCIAL IMPACT Since costs are based on several variables, i.e. the nu'mber of registered electors in the City of Englewood at the time of the election, the number of ballot questions, the number of entities participating in the election, the financial impact is only an estimate. Based on the known facts, the cost of the 20 04 municipal election is estimated to be $10,000.00. (We are not submitting a TABOR issue to the ballot.) A supplemental appropriation may be forthcoming. LIST OF ATTACHMENTS Proposed bill for an ordinance Proposed Intergovernmental Agreement for Coordinated Election •lot .. • t ; • ORDINANCE NO . SERIES OF 2004 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 48 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COLORAOO, TO CONDUCT A COORDINATED ELECTIO?'! ON NOVEMBER 2, 2004. WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles I to 13 of Title I, C.R.S.) as amended, governmental entities arc encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS , the City of Englewood bas participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 2, 2004 election; and WHEREAS , Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Intergovernmental Agreement for Coordinated Election is attached hereto as "Elthibit A", the time guidelines schedule is available in the Office of the Englewood City Clerk. The IntergovemmcntaJ Agreement for Coordinated Election is hereby ~ted and approved by the Englewood City Council. -1- .' .. • • Scctjon 2. The Mayor and City Cleric are authorized to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 2nd day of August, 2004. Published as a Bill for an Ordinance on the 6th day of August, 2004 . ATTEST: Douglu Garrett, Mayor Loucrishia 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 Ordinance, introduced, read in full, and passed on first reading on the 2nd day of August, 2004 . Loucrishia A. Ellis -2- .. • • INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION ARAPAHOE COUNTY NOVEMBER 2, 2004 (Election Only) This Intergovernmental Agreement Is entered Into by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "County") and the City of Englewood (hereinafter referred to as the "Polltlcal Subdivision" and/or "Jurisdiction;. WHEREAS, pursuant to the UnHorm Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entitles are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the County and the Political Subdivision have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 2, 2004; and WHEREAS, the County and the Polltlcal Subdivision desire to set forth their respective responsibilities for the Coordinated Election to the Intergovernmental Agreement. NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as follows: 1. The November 2, 2004 election shall be conducted as a Coordinated Election In accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.). The election participants shall be required to execute agreements with Arapahoe County for this purpose and may include munlclpalltln, school districts and special districts within the Arapahoe County limits and the State of Colorado. 2. The November 2, 2004 election shall be conducted by the County with the UH of paper ballots, electronic voting equipment, and voting machines. 3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official and the Political Subdivision hereby identifies Englewood City Clerk, Loucrishia A. Ellis, as its Designated Election Official. 4. The County shall pertorm the following tasks in relation to said election, to wit: a. Negotiate an agreement with Sequoia Voting Systems for the printing of the official ballots. b. Provide a copy of the ballot layout and the tut of the offlcial ballot to the designated election official for proofreading before authorization to begin printing of all ballots. c. Certify the complete number of registered electors within the Arapahoe County portion of the Political Subdivision no later than October 15, 2004. : 1,1 I i A . .. .. t • • -·• • • n tj d. Provide support on the data of the election by telephone and In person, should the need arise, until counting of the ballots Is completed. e. Provide unofficial results of the election on electlon night by telephone or by facsimile transmittal upon request. f. Maintain a list of actual voters from the November 2, 2004 election, and upon request, generate a printed 11st of the persons who voted following the election. The cost will be $.005 (1/2 cmrt) per name. g. Store all voted ballots for a minimum of 25 months, and all other materials required by law (Section 1·7-802, C.R.S.) to be saved, In such a manrw that they may be accessed by the participating Jurisdiction, If neceawy, to reaolve any challenge or other legal questions that might arise regarding the election. h. Keep a careful and accurate accounting of Ume, supplies, prlnUng coats and salaries atbibutable to the County's administration of the election for the Jurisdiction. The participating Jurisdiction's proportional shse of actual coats ' shall be based on County expenditures reladve to the November 2, 2004 election. I. Appoint, compensate, Instruct and oversee the board of canvasaers. J. Appoint, compensate, Instruct and oversee the Judges of the election. k. No later than 20 days prior to the election, provide the pa11cipatlng Jurisdiction no less then 10 .... of each "teat deck• of the JurlsdlcUon's ballot style(s) to allow for testing of electronic votlH:ounUng equipment. I. Publish and post the required legal notice pu,...... to C.R.S. 1+205 that la published no later than 10 days prior to the election for the JurladlcUon'a ballot questions and candidates. m. Enforce Fair Campaign Practice Act (Article 45 of Thie 1, C.R.S.) • It ........ to the November 2, 2004 electlon. n. Provide and operate the County's electronic vote-counting equipment There will be no charge for the pre-election preventative maintenance on the electronic vote-counting equipment for this election cycle. 5. The Political Subdivision shall perform the following tasks In relation to said election, to wit: a. Certify the candidates, If applicable, the 11st of ballot ISSUN and/or ballot questions of each ballot issue or question on a diskette In Microsoft Word format along with a paper copy of the ballot content no latar than 4:00pm on Septamber 8, 2004. The ballot content must be certified In the order In which It wUI appear on the ballot. The certified Hat of candldftn. bafkzt MYII fDdt'or bafl9S 9YlftloDt shall be flnal and the County will not be ,:nponflbft for ro,ldnq any chl[laN ,n,r the certification. b . Within one day of receipt, proofrud the layout and the tut of the Jurladlctlon'a portion of the official ballots before authorizing the prinUng of all ballots. 2 ,• • • ·• • • 0 c. Publish and post any required legal notices for the Jurisdiction's ballot questions and candidates, other than the notice required by C.R.S. 1-5-205 that Is published no later than 1 O days prior to the election. d. Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for testing the electronic vote counting equipment, no later than October 15, 2004. e. Remit payment directly to Arapahoe County within 60 days of billing for Its prorated share of all costs relating to the printing and malling of ballots and all other election expensas described In Section 4. The current estimated cost to print each ballot Is approximately $2.10, to be shared by all participating Jurisdictions. t. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.), and the time guidelines schedule as attached hereto as these relate to the November 2; 2004 election. The Polltlcal Subdivision shall notify the County of any exception no later than 29 days prior to the election. g. The Political Subdivision shall defend and resolve at Its sole expense all challenges relative to the candidates, ballot Issues and/or ballot questions as certified to the County for l~cluslon in the November 2, 2004 Coordinated Election. h. Submit to the County a copy of the participating Jurisdiction's map with the 11st of county precincts, which corresponds to the County's precinct map, no later than August 25, 2004. ,. Obtain and deliver a certified copy of the property owners' 11st for the Political Subdivision, (If deemed appllcable), that hu been reviewed against the voter registration records In the office of the Arapahoe County Clerk and Recorder. I J. Deliver all request. tor' absent• ballot. to the County for processing. Such requesb shall be delivered or faxed dally to the Arapahoe County Clerk and Recorder's office. 6. The Political Subdivision avers that It has sufficient funds available In Its approved budget to pay its prorated election expenses for the November 2, 2004 Coordinated Election. 7. Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. 8. Should any provision of this Intergovernmental Agreement be determined by a court of competent Jurisdiction to be unconstitutional or otherwise null and void, It Is the intent of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and effect. 9. Notices to be provided under this Intergovernmental Ag,Nment shall be given In writing either by hand delivery or deposit In the Unltad States mall, certified mall, return receipt requested , with sufficient postage, to the following persona: 3 ' .. . .. • • Nancy A. Doty Arapahoe County Clerk and Recorder 533' South Prince St. Uttleton, Colorado 80111-0211 10. This lntergowmmental AgrNment may not be modHled, amended or otlwwf• altered unleu mutually agl'Nd upon In writing by the partlee herato. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS Suun Beckman, Chair DATE: ------- ATTEST: ARAPAHOE COUNTY CLERK AND RECORDER Nancy A. Doty, Coordlnallld Election Offlclal DATE: ------- JURISDICTION NAIIE: CITY OF ENGLEWOOD BY: ______________________ _ Douglu Garrett TITLE: MAYOR DATE: _______ _ • • .. , -- QIOINANCB NO. __ SERIES OF 2004 BY AUTHORITY (J COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A RENEWAL OF A LEASE AGREEMENT BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER". WHEREAS, Englewood injects granular activated carbon to improve water quality into a forebay near Union Ave. and South Platte River, but the process creates blackened water that cannot be directly introduced into the City Ditch for exchanging; and WHEREAS, clear water can be exchanged up city ditch but must be pumped into the City Ditch from a forebay adjacent to the Allen Filter Plant; and WHEREAS, Englewood'has no pump or pipe for pumping this forebay, but Centennial is agreeing to provide and install the pump and pipe at Centennial's sole expense; and WHEREAS, Centennial Water and Sanitation District owns reusable wastewater return flows to the South Platte River, and the City of Englewood bas means to re-divert these flows at Union Avenue and either use them or redeliver them to Centennial; and WHEREAS, the Agreement authorizes diversion of the return flows and payment to Centennial of $85 .00 an acre foot for the flows, plus pumping costs; and WHEREAS, Centennial would acquire all return flows delivered to Mclellan Reservoir that are not acquired by Englewood and shall pay Englewood $30.00 an acre foot, plus pumping costs; and WHEREAS, the Englewood City Council approved an Intergovernmental Agreement for the lease of Englewood's Surplus water by the passage of Ordinance No. 18 , 2003'; and WHEREAS, the Englewood City Council authorized a renewal agreement entitled "Agreement For Temporary Lease /And/Or Re-Diversion Of Reusable Return Flows Of Water" by the passage of Ordinance No. 45, 2003 ; and WHEREAS, the Englewood Water and Sewer Board recommended approval o f renewing the Agreement for Temporary Lease And/Or Re-diversion of Reusable Return Flows of Water between Centennial Water and Sanitation District and the ity of Englewood at its June 8, 2004 meeting. -1- .. ' • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section ) . The Englewood City Council hereby approves renewal of the Lease Agreement between the City of Englewood and Centennial Water and Sanitation District entitled "Agreement for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water". A copy of said Agreement, marked "Exhibit A", is attached hereto and incorporated herein by reference . Sectjop 2. The Mayor and City Clerk are hereby authorized to sign and attest the said Agreement for and on behalf of the City Council of the City of Englewood. Sectjop 3. The Englewood Director of Utilities shall be authorized to further extend and/or amend the "Agreement For Temporary Lease And/Or Re-Diversion Of Reusable Return Flows Of Water" for a period of three years [2005, 2006 and 2007) if needed . Introduced, read in full, and passed on first reading on the 19th day of July, 2004. Published as a Bill for an Ordinance on the 23rd day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No. _, Series of 2004, on the 6th day of August, 2004. Douglu Garmt. 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 pused on final reading and published by title as Ordinance No. _, Series of 2004. Loucrisbia A. Ellis -2- t .. • . . • -· AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER I . Introduction: Parties and Purposes. Centennial Water and Sanitation District (Centennial) owns reusable return flows to the South Platte River which consist of Centennial' s reusable water discharged by Centennial' s Marcy Gulch wastewater treatment plant (the return flows). The City of Englewood (Englewood) bas a me:ins to re-divert the return flows at Union A venue, and either retain them for use by Englewood or redeliver same to Centennial. The parties intend that Englewood shall attempt to divert the return flows, under the circumstances set forth below, and pay Centennial for the return flows if same are retained by Englewood; and that Centennial will pay Englewood for re-directing the rerum flows, if same are redelivered to Centennial. It is anticipated that Englewood will attempt to divert the return flows at its Union A venue pump station, and either use same immediately in its Allen Treatment Plant, or exchange same up City Ditch to Mclellan reservoir, in Englewood's discretion. Therefore, the parties have agreed as follows. 2. Centennial to Give Notice of A vailabiljtv: Englewood Response. Centennial will advise Englewood, on a daily basis, of the amount of available return flows at Englewood's Union Avenue pump station. Englewood will advise Centennial, on a daily basis, of available retum flows Englewood will not be diverting. 3. Englewood to Attempt to Divert. Englewood will make reasonable effons to lawfully divert the return flows at its Union A venue pump station. Englewood shall have no obligation to divert:' a) if diversion would impair the necessary quality of water introduced into Englewood's war.er treatmcnt plant or inttoduced into City Ditch for exchange. as detennined in Englewood's sole discretion; b) except to the extent that Englewood detennines to use the rerum flows immediately in its Allen Treatment Plant, plus the exchange capacity in City Ditch: c) to the extent that the capacity in Englewood's pumping system after supplying Englewood's demand is less than all of the available retum flows. Englewood shall have no obligation to use the return t1ows immediately in its Allen Treatment PlanL While Englewood shall make reasonable efforts to diven the return flows, the parties recognize that various factors may make diversion impr:ictical. and Englewood shall have no liability to Centennial for failure to divert. Englewood will account for return flows diverted at its Union Avenue pump station . -t Englewood to Exchange Up Ciry Djtch. Englewood will make reasonable efforts 10 exchange the diverted return flows up City Duch and into :VlcL.:llan Reservoir. via lhc pump stauon fro m City Ditch to Mclellan Rcsc:rvoir. • ~ I • I T A ' ... .. • • [J s. Englewood's Option to Acguire Return Flows Delivered to Mclellan Reservoir. Englewood will account for the return flows delivered by exchange to Mclellan Reservoir. Englewood will have the option to acquire the return flows delivered to Mclellan Reservoir {and Englewood will acquire any return flows used immediately in Englewood's Allen Treatment Plant). Within four days after the end of each week (ending Saturday at midnight) Englewood will notify Centennial if it wishes to acquire all of the return flows delivered to Mclellan during that week. Englewood will pay Centennial $85 per acre foot for all of the return flows which it acquires, and pay the pumping costs associated with those return flows. Return flows so acquired by Englewood shall be treated as Englewood's water for all purposes. and may be used by Englewood or delivered to Centennial under any agreement between Englewood and Centennial .. Return flows delivered to Mclellan as to which Englewood does not give such notice shall belong to Centennial. 6. Centennial' s Payment for Return Flows Acguired by Centennial. Centennial shall acquire all return flows delivered to Mclellan Reservoir that are not acquired by Englewood. Centennial shall pay Englewood $30 per acre foot of return flows acquired by Centennial, plus all pumping costs associated with delivery of those return flows to Mclellan Reservoir. 7 . Temporary Pumping Facilities from the Forebay Reservoir Next to the Allen Treatment Plant. Englewood currently injects granular activated carbon (GAC) into the forebay adjacent to the South Platte River, from which Englewood's Union Avenue pumping station pumps water to the Allen Treatment Plant facilities. (The GAC is injected because of the current severe quality problems in the South Platte River.) The water containing the GAC is blackened in color and therefore cannot be directly introduced into City Ditch for exchange purposes. Therefore, a substitute supply of clear water to be exchanged up City Ditch must be pumped into City Ditch from a forebay reservoir adjacent to the Allen Treatment Plant (not to be con.fused with the forebay at the river). (Pumping of this substitute supply will be unnecessary if the GAC injection at the river forebay should cease.) Englewood has no pump and pipe to accomplish the pumping of this substitute supply from the forebay reservoir. Centennial will provide and install such a pump and pipe . and hook it up to a power source, at Centennial's sole expense. Englewood ~d Centennial will coo perate in determining the location, nature and installation of the pump and pipe. Ac the end of this :igreement. Centennial will remove the pump, pipe and power hookup :it Centennial's sole expense, unless the parties otherwise :igree . Centennial will restore any excavation or alteration of the forebay and surrounding areas , at Centennial's sole expense. 8. Pumping C osts. En glewood will reasonably determine pumping costs . which are to include power. other o per:i tio n costs. :md maintenanc e. t • • 9. Termination. Either Englewood or Centennial may terminate this agreement after 5 days written notice to the other party. If not so terminated, this agreement will terminate at the sooner of October 31, 2004. or the cessation of flows in City Ditch below the Allen Treatment Plant. whichever sooner occurs. unless the parties otherwise agree. 10. Payment. Englewood will account for deliveries. Englewood will pay Centennial for return flows acquired by Englewood within 30 days after the end of the month during which particular deliveries were made to Englewood. Centennial will pay Englewood within 30 days after the end of the month during which particular deliveries were made to Centennial . 11. State Engineer. Centennial will be responsible for any necessary notice to the State Engineer's office, assuring the State Engineer's office that its return flows are indeed reusable and divertible by Englewood, and reporting to the State Engineer's office, in cooperation,with Englewood, 12. Dace. This agreement is dated as of the ___ day of _____ _. 2004. CTrY OF ENGLEWOOD By ______________ _ CEi."ITENNIAL WATER AND SANITATION DISTRICT • • BY AUTHORITY ORDINANCE NO . SERIES OF 2004 COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO HOTEL SEWER TAP FEES. WHEREAS, enforcing the existing hotel sewer tap agreements to accurately reflect actual use has been slow and inefficient and difficult to enforce even when hotel management is cooperative; and WHEREAS, difficulties have arisen when hotel management is unaware of the terms of the agreement; and WHEREAS, there is also difficulty keeping required letters of credit updated; and WHEREAS, from the six existing agreements, the Englewood Utilities Department discovered that hotels average over the 50% water consumption mark, but under 75%; and WHEREAS, establishing a hotel sewer tap rate of 75% of the standard tap fees, which reflects the Englewood Utilities Department's study, would be an efficient agreement to administer; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the amendments to Title 12-2-8, EMC pertaining to Sewer Tap Fees at their June 8, 2004 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 12 , Chapter 2, Section 8 of the Englewood Municipal Code 2000, to read as follows : 12-2-8: Sewer Tap Fen. A . At the time of filing the application, sewer tap fees shall be paid in accordam:e with the following schedule: Water Meter Size Sewer T1111 Fee 3/4" or less s 1.400.00 I" 2.333 .00 I 1/2" 4.667 .00 2" 7.467.00 3" 14.932 .00 4" 23.332 .00 6 " 46.667 .00 8" 74 667 .00 ,1 -1- 10bii t ... .. • • ! IO" 1107 ,332 .00 For multi-family units, hetels, metels and mobile home courts, the total tap fee shall not be less than one thousand four hundred dollars ($1,400.00) per dwelling unit. For hotels and motels. the tap fee shall be 75% of the tap fee as set forth in this Section. If the fee determined by the water meter size from the above schedule is greater than the fee determined by the minimum charge of one thousand four hundred dollars ($1,400.00) per unit, then the greater fee, as determined by meter size, shall prevail. B. At the time of filing an application for a sewer tap permit, sewer tap fees for the following properties shall be increased by the addition of a surcharge to the sewer tap fees established by Subsection A of this section according to the established surcharge schedule: I . Properties within the City, which are not in an established sanitation district. 2. Properties outside the City which are tributary to the Northeast Englewood Relief Sewer System which are not exempted by agreement from sewer tap surcharge. The established sewer tap fee surcharge is: Water Meter Size Sewer Tao Fee 3/4" $ S00.00 I" 833.00 I 1/2" I 667.00 2" 2 667 .00 3" S 333 .00 4" 8 333 .00 6" 16 667.00 8" 26 667.00 10" 38 333 .00 For multi -family units, hetel,, 111e1el,, mobile home courts and other multiple dwelling units, the sewer tap fee surcharge shall not be less than five hwidrcd dollars (SS00 .00) per dwelling unit. For hotels and motels. the tap fee shall be 75% of the tap fee as set forth iu this Section. If the surcharge established by the water meter size from the above surcharge schedule is greater than the fee of five hundred dollars (SS00 .00) per dwelling unit, the greater fee shall be charged . 3 . Properties that connect to the Big Dry Creek interceptor system shall pay a sewer tap surcharge fee in the sum of three hundred dollan ($300 .00) per single-family residential equivalent tap in addition to all other charges . C . The actual cost of any sewer main extension shall be recorded in the utilities -2- t ... .. • • ·• • • office. Where such cost has not been paid, it shall be added to the plant assessment fee to arrive at a total amount due. New sewer extension costs shall include the actual cost of conGtruction plus ten percent (10%) to defray co sts of engineering. The total costs shall be assessed in proportion to the front footage of the property served. D . Where a proposed tap will serve property for which a previous assessment has been paid, the previous tap fee shall be credited against the current tap fee in calculating the balance of the fee due . E. Nothing in this section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. F . No tap shall be made to the POTW without payment of the tap fees . Failure to pay fees before tapping to the POTW shall result in tap fees being doubled. Any fee or charge not paid shall constitute a lien on the subject property and be collected like taxes. Section 2. Safety Clauses. The City Council hereby fmds, 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. Severabjljty. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect , impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of re_peal or modjficatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits , proceedings, or prosecutions. Section 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on lint reading on the 19th day of July, 2004 . -3- .. • ' • • t • Published as a Bill for an Ordinance on the 23rd day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No. _, Series of 2004, on the 6th day of August, 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. Loucrisbia A. Ellis -4- t • • ORDINANCE NO. SERIES OF 2004 BY AUTHORITY D COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING AND REENACTING A NEW TITLE 12, CHAPTER 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AMENDING THE "GREATER METRO TELECOMMUNICATIONS CONSORTIUM CUSTOMER SERVICE STANDARDS". WHEREAS, City Council passed Ordinance No. 68, Series of 1994 which created Title 12, Chapter 6, of the Englewood Municipal Code addresses Cable 1V Customer Service Standards; and WHEREAS, these Customer Service Standards arc a part of the City of Englewood's Cable Franchise Agreement with Comcast; and WHEREAS, the purpose of the Standards is to establish uniform requirements for the quality of service cable operators arc expected to offer their customers in the metropolitan area; and WHEREAS, these Customer Service Standards have not been updated since 1995; and WHEREAS, the Greater Metro Telecommunications Con sorti um bas updated and revised the Customer Service Standards and is recommending their adoption by its member jurisdictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, AS FOLWWS: Section I The City Council of the City of Englewood. Colorado, hereby repeals Title 12, Chapter 6, of Englewood Municipal Code 2000 in its entirety and approves the adoption of the "Greater Metro Telecommunications Consortium Customer Service Standards (revised May 20, 2004) as a reenactment of Title 12 , Cha pter 6 to the Englewood Municipal Code 2000, to read as follows : Chapter 6 CA BLE TV CUSTOMER SERVICE STANDARDS 12-6-1: POLICY. -1- 10 b iii t -.. .. • • The Cable Operator should resolve citizen complaints without delay and interference from the Franchising Authority. Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure and establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within established deadlines, monetary sanctions should be imposed to encourage compliance and deter future non-compliance. These Standards are intended to be of general application, and are expected to be met under normal operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder if it is unable to perform due to a region-wide natural emergency or in the event of force majeure affecting a significant portion of the franchise area. The Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards. These Standards supercede any contradictory or inconsistent provision in federal, state or local law, provided, however, that any provision in federal, state or local law, or in any original franchise agreement or renewal agreement, that imposes a higher obligation or requirement than is imposed by these Standards, shall not be considered contradictory or inconsistent with these Standards. In the event of a conflict between these Standards and a Franchise Agreement, the Franchise Agreement shall control. These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable System, within the City of Englewood, Arapahoe County, Colorado. 12-6-2: DEFINITIONS. When used in these Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanings given below . Adoption : shall mean the process necessary to formally enact the Standards within the Franchising Authority's jurisdiction under applicable ordinances and laws. Affiliate: shall mean any person or entity that is owned or controlled by, or under common ownership or control with, a Cable Operator, and provides any Cable Service or Other Service. Cable Operator: shall mean any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates -2- t -~ .. • • •• • owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. Cable Service: shall mean (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For purposes of this definition, "video programming" is programming provided by, or generally considered comparable to programming provided by a television broadcast station; and "other programming service" is information that a cable operator makes available to all subscribers generally. Cable System: shall meiiil a facility, consisting of a set of clc,sed transmission paths and associated signal generation, reception, and control equipment tha, is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the televisions signals of one or more television broadcast stations, or (B) a facility that serves subscribers without using any public right of way. City shall mean the City of Englewood, Colorado. Customer: shall mean any person who receives any Cable Service from a Cable Operator. Customer Service Representative (or CSR): shall mean any person employed with or under contract or subcontract to a Cable Operator to assist, or provide service to, customers, whether by telephone, writing service or installation orders, answering customers' questions in person, receiving and processing payments, or performing any other customer service-related tasks. Escalated complaint: means a complaint that is referred to a Cable Operator by the Franchising Authority. Fran chising Authority: shall mean the City of Englewood and/or the Greater Me tro Telecommunications Consortium. Greater Metro Telecommunications Consortium or GMTC: shall mean a Colorado agency formed by intergovernmental agreement between its Members, local governmental subdivisions of the State of Colorado. The GMTC may be delegated the authority to enforce cable television franchises and cable system operations for its Member communities, and may administer any or all functions under these Standards . -3- ... .. • • Information Service : shall mean the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Necessary : shall mean required or indispensable. Non-cable-related purpose means any purpose that is not necessary to render, or conduct a legitimate business activity related to a Cable Service or Other Service provided by a Cable Operator to a Customer. Market research, telemarketing, and other marketing of services or products shall be considered Non-cable-related purposes. Normal business hours : shall mean those hours during which similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include at least some evening hours one night per week, and/or some weekend hours. Normal operating conditions : shall mean those service conditions which are within the control of a Cable Operator. Conditions which are not within the control of a Cable Operator include, but are not necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable Operator include, but are not necessarily limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal ck.'IDIIOd periods and maintenance or upgrade to the Cable System. Personally Identifiable Information : means specific information about a Customer, in cl ding, but not be limited to, a Customer's (a) login information, (b) extent of viewing of video progranuning or Other Services, (c) shopping choices, (d) interests and opinio ns, (e) energy uses, (f) medical information, (g) banking data or infonnatio n, (h) web browsing activities, or (i) any other personal or private infonnation. "Personally Identifiable Information" shall not mean aggrcpte information about Customers whic h docs not identify particular persons, or infonnation gathered by a Cable Operator necessary to install, repair or service equipment or Cable System faci li ties at a Custo mer's premises. Service interruption or interruption : shall mean (i) the loss or substantial im painne nt of p icture and/or sound on one or more ~ble television channels. Service outage or ou tage : shall mean a loss or substantial impairment in reception o n al l channe ls . Town : shall mean the Town of Englewood, Colorado -4- ' ... ,• • • Any terms not specifically defined in these Standards shall be given their ordinary meaning, or where otherwise defined in applicable federal law, such terms shall be interpreted consistent with those definitions. 12-6-3: CUSTOMER SERVICE. A. Courtesy. Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers. 8. Accessibility. 1. Within sixty (60) days of the effective date of these Standards, a Cable Operator shall provide, customer service centers/business offices ("service centers") such that no customer shall be located further than ten (10) miles away from a service center. Except as otherwise approved by the Franchising Authority, all service centers shall be open during Nonnal Business Hours, and shall be fully staffed with customer service representatives offering the following services to customers who come to the service center: bill payment, equipment exchange, processing of change of service requests, and response to customer inquiries and requests. The Franchising Authority may approve alternatives for service centers offering lesser services or fewer hours at any site to which the public has general access . A Cable Operator shall post a sign at each service center, advising customers of its hours of operation and of the addresses and telephone numbers at which to contact the Franchising Authority and the Cable Operator if the service center is not open at the times posted. A Cable Operator shall provide free exchanges of faulty equipment at the customer's address if the converter has not been damaged in any manner due to the fault or negligence of the customer. 2 . A Cable Operator shall maintain local telephone access lines that shall be available twenty-four (24) hours a day, seven (7) days a week for service/repair requests and billing inquiries . 3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven (7) days a week, including legal holidays . 4 . lfa customer service telephone call is answered with a recorded message providing the customer with various menu options to address the customer's concern, the recorded message must provide the customer the option to connect to and speak with a CSR within sixty (60) seconds of the commencement of the recording. A Cable Operator shall retain sufficient cu tomer ervice representatives and telephone line capacity to ensure that -s- ' • • telephone calls to service/repair and billing inquiry lines are answered by a customer service representative within thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR. These standards shall be met no less than ninety (90) percent of the time measured monthly. 5 . Under normal operating conditions, a customer shall not receive a busy signal more than three percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured monthly. C. Responsiveness. I . Guaranteed Seven-Day Residential InstaJJation. a. A Cable Operator shall complete all standard residential installations or modifications to service requested by customers within seven (7) business days after the order is placed, unless a later date for installation is requested. "Standard" residential installations are those located up to one hundred twenty five (125) feet from the existing distribution system. If the customer requests a nonstandard residential installation, or the Cable Operator determines that a nonstandard residential installation is required, the Cable Operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion. b. All underground cable drops to the home shall be buried at a depth of no less than twelve inches (12"), or such other depth as may be required by the Franchise Agreement, and within no more than one calendar week from the initial installation, or at a time mutually agreed upon between the Cable Operator and the customer. 2 . Residential Installation and Service Appointments. a. The "appointment window" alternatives for specific installations, service calls, and/or other installation activities will be either a specific time, or at a maximum, a four ( 4) hour time block between the boun; of 8:00 a.m. and 6 :00 p .m ., six (6) days per week. A Cable Operator may schedule service calls and other installation activities outside of the above days and hours for the express convenience of customers. b . A Cable Operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. c. If a Cable Operator is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will -6- t • • ·• • 0 CJ be contacted promptly. The appointment will be scheduled, as necessary at a time that is convenient to the customer. d. A Cable Operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time, and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours . 3. Residential Service Interryptions, a. In the event of system outages resulting from Cable Operator equipment failure, the Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received. b. All other service interruptions resulting from Cable Operator equipment failure shall be corrected by the Cable Operator by the end of the next calendar day. c. Records of Complaints. i. A Cable Operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the Cable Operator's actions in response to those complaints. These files shall remain open to the Franchising Authority during normal business hours, and shall be retained by the Cable Operator for a period of at least three (3) years. 11. A Cable Operator shall provide the Franchising Authority an executive summary monthly, which shall include information concerning customer complaints referred by the Franchising Authority to the Grantee and any other requirements of a Franchise Agreement but no personally identifiable information. A summary of service requests, identifying the number and nature of the requests and their disposition, shall also be completed by the Cable Operator for each month and submitted to the Franchising Authority by the tenth (10th) day of the succeeding month. Complaints shall be broken out by the nature of the complaint and the type of Cable service subject to the complaint. A log of all service interruptions shall be maintained and provided to the Franchising Authority quarterly. d . Records of Service Interruptions and Outages. A Cable Operator shall mai ntai n records of all outages and reported service interruptions . Such -7- ' .... ,• , • • --=· •• • 0 n u. records shall indicate the type of service interrupted. Such records shall be submitted to the Franchising Authority with the records identified in Section 3.c.i i above, and shall be retained by the Cable Operator for a period of three (3) years. e. All service outages and interruptions for any cause beyond the control of the Cable Operator shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been corrected. 4 . TY Reception. a. A Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC"). A Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and six a .m . (6:00 a.m.). b. If a customer experiences poor video or audio reception attributable to a Cable Operator's equipment, the Cable Operator shall repair the problem no later than the day following the customer call. If an appointment is necessary, the customer may choose a block of time described in Section 111.C.2.a. At the customer's request, the Cable Operator shall repair the problem at a later time convenient to the customer. 5 . Problem Resolution . A Cable Operator's customer service representatives shall have the authority to provide credit for interrupted service or any of the oilier credits listed in Schedule A, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve the problem within forty eight (48) hours or within such other time frame as is acceptable to the customer and the C able Operator. 6 . Billine, C redits, and Refunds . a. A Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable service period for payment of a customer's service, bill for that period. If a customer's service bill is not paid within that period o f time the Cable Operator may apply an administrative fee to the customer's account. The administrative fee must reflect the average costs incurred by the Cable Operator in attempting to collect the past due payment in accordance with applicable law . Ifthc customer's service bill is -8- ' . ... ·' • • 0 .. I not paid within forty-five (45) days of the beginning date of the applicable service period, the Cable Operator may perfonn a "soft" disconnect of the customer's service. If a customer's service bill is not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the customer that such disconnection may result. b . The Cable Operator shall issue a credit or refund to a customer within 30 days after detennining the customer's entitlement to a credit or refund. c. Whenever the Cable Operator offers any promotional or specially priced service(s) its promotional materials shall clearly identify and explain the specific tenns of the promotion, including but not limited to manner in which any payment credit will be applied. 7. Treatment of Property, To the extent that a Franchise Agreement does not contain the following procedures for treatment of property, Operator shall comply with the procedures set forth in this Section. a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator dwing installation or construction shall be restored to their prior condition or replaced. Trees and shrubs shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise agreement b . A Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner and the Franchising Authority, restore any property to as good condition as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, construction, service or repair activities . c. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, a Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that in the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry. For purposes of this subsection, ''reasonable notice" shall be considered: -9- ' • • (J i. For pedestal installation or similar major construction, seven (7) days. ii . iii. For routine maintenance, such as adding or dropping service, tree trimming and the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a different requirement, reasonable notice shall require, at a minimum, prior notice to a property owner or tenant, before entry is made onto that person's property. For emergency work a Cable Operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private pro;,erty, or any other property, where such right to access or entry is not otherwise provided by law . If damage is caused by any Cable Operator activity, the Cable Operator shall reimburse the property owner one hundred ( 100) percent of the cost of the damage or replace the damaged property. For the installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance . d. Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly. D. Services for Customen with Dlsabllldes l. For any customer with a disability, a Cable Operator shall deliver and pick up equipment at customers' homes at no charge unless the malfunction was caused by the actions of the customer. In the case of malfunctioning equipment, the technician shall provide replacement equipment, hook it up and ensure that it is working properly, and shall return the defective equipment to the Cable Operator. 2. A Cable Operator shall provide TDD service with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge. 3. A Cable Operator shall provide free use of a remote control unit to mobility- impaired (if disabled, in accordance with Section m.D.4) customers. 4. Any customer with a disability may request the special services described above by providing a Cable Operator with a letter from the customer's physician stating the need, or by making the request to the Cable Operator's -10- ' • • ~1 J . \~. installer or service technician, where the need for the special services can be visually confirmed. E. Customer Information 1. Upon installation, and at any time the customer may request, a Cable Operator shall provide the following information, in clear, concise written form (and in Spanish, when requested by the customer): a. Products and services offered by the Cable Operator, including its channel lineup; b. The Cable Operator's complete range of service options and the prices for these services; c . The Cable Operator's billing, collection and disconnection policies; d. Privacy rights of customers; e . All applicable complaint procedures, including complaint forms and the telephone numbers and mailing addresses of the Cable Operator, the FCC, and the Franchising Authority to whom the complaints should be addressed; f. Use and availability of parental controltlock out device; g. Special services for customers with disabilities; h . Days, times of operation, and locations of the service centers; i. Either a complete copy of these Standards and any other applicable customer service standards, or a summary of these Standards, in a fonnat to be approved by GMTC and the Franchising Authority, which shall include at a minimum, the URL address of a website containing these Standard in their entirety; provided however, that if the GMTC or Franchising Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall be under no obligation to do so; If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information listed in this Section by making the requested infonnation available electronically, such as on a website or by electronic mail. 2 . C opies of all notices provided to the customer shall be filed (by fax or email acceptable) concurrently with the Franchising Authority and the GMTC. -11 - <• ' .... .. • • 0 ·o 0 3. A Cable Operator shall provide customers with written notification of any change in rates, programming, or channel positions, at least thirty (30) days before the effective date of change. 4. All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are in personal contact with customers and/or when working on public property, shall wear on their outer clothing identification cards bearing their name and photograph and identifying t'1em as representatives of the Cable Operator. The Cable Operator shall account for all identification cards at all times. Every vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable Operator. Whenever a Cable Operator work crew is in personal contact with customers or public employees, a supervisor must be able to communicate clearly with the customer or public employee. Every vehicle of a subcontractor or contractor shall be la1,eled with the name of the contractor and further identified as contracting or subcontracting for the Cable Operator. 5. Each CSR, technician or employee of the Cable Operator in each contact with a customer shall state the estimated cost of the service, repair, or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed. A written estimate of the charges shall be provided to the customer before the actual work is performed. F. Customer Privacy. I . Cable Customer Priva<;y. In addition to complying with the requirements in this subsection, a Cable Operator shall fully comply with all obligations under 47 U.S .C. Section 551. 2. Collection and Use of Personally Identifiable lnfonnation. a. A Cable Operator shall not use the Cable System to collect, record. monitor or observe Personally Identifiable Information without the prior a ffirmative written or electronic consent of the Customer unless , and only to the extent that such information is : (i) used to detect unauthorized reception of cable communications, or (ii) necessary to render a Cable Service or Other Service provided by the Cable Operator to the Customer . b. A Cable Operator shall take such actions as are necessary to prevent any Affiliate from using the facilities of the Cable Operator in any manner, including , but not limited to, sending data or other signals through such facilities , to the extent such use will permit an Affiliate unauthorized acces s to Personally Identifiable Information on equipment of a Customer (regardle ss of whether such equipment is owned or leased by the Customer -12 - (• ' ... .. ' . I • • -- 0 or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. This subsection FI b shall not be interpreted to prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent otherwise permitted by this subsection F. c. A Cable Operator shall take such actions as are reasonably necessary to prevent a person or entity (other than Affiliates) from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit such person or entity unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. 3 . Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer, except as follows : a. A Cable Operator may disclose for a Non-cable-related purpose the name and address of a Customer subscribing to any general programming tiers of service and other categories of Cable and Other Service provided by the Cable Operator if the Cable Operator hu provided the Customer the opportunity to prohibit or limit such disclosure in accordance with this subsection. F and Section 631 of the Federal Communications Act, 47 U.S.C. Section SSI, and such disclosure does not directly or indircctly disclose: 1. A Customer's extent of viewing of a Cable Service provided by the Cable Operator; 11. The extent of any other use by a Customer of a Cable Service provided by the Cable Operator, including, but not limited to a disclosure of the particular viewing selections by a person subscribing to a Cable Service; or iii. The nature of any transactions made by a Customer over the Cable System of the Cable Operator. iv . The nature of programming that a Customer subscribes to or views (i .e ., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service or a package of channels with the same type of programming). -13 - ' • • ·• • • 0 CJ A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable Information of any Customer as provided in this subsection F3a, the Cable Operator shall notify in writing the Franchising Authority the fact that Personally Identifiable lnfonnation will be disclosed and each Customer (that the Cable Operator intends to disclose information about) of the specific infonnation that will be disclosed, to whom it will be disclosed, and notice of the Customer's right to prohibit the disclosure of such information for Non- cable related purposes . The notice to Customers may be included with or made a part of the Customer's monthly bill for Cable Service or may be made by separate mailed notice . Each time that this notice is given to a Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the disclosure of information in the future . Such opportunity shall be given in one of the following forms : a postage paid, self-addressed post card provided by the Cable Operator; a box that may be checked by the Customer on the Customer's monthly bill fpr Cable Services; a toll-free number that the Customer may call; or such other equivalent methods as may be approved by the Franchising Authority. Additionally, within forty-five (45) days after each disclosure of Personally Identifiable Information of any Customer as provided in this subsection F3a, the Cable Operator shall notify in writing the Franchising Authority the fact that Personally Identifiable Information was disclosed and each Customer (that the Cable Operator has disclosed information about) of the specific information that has been disclosed, to whom it has been disclosed, and notice of the Customer's right to prohibit the disclosure of such information for non- cable related purposes. The notice to Customers may be included with or made a part of the Customer's monthly bill for Cable Service or may be made by separate mailed notice . Each time that this notice is given to a Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the disclosure of information in the future. Such opportunity shall be given in one of the following forms: a postage paid, self-addressed post card provided by the Cable Operator; a box that may be checked by the Customer on the Customer's monthly bill for Cable Services; a toll-free number that the Cu stom er may call ; or s uch other equivalent methods as may be approved by the Franchi sing Authori ty. b . A Cabl e Operator may di sclose Personally Identifiable Information only to the extent that it is necessary to render, or conduct a legitimate business ac ti vi ty related to , a Cable Servic e or Other Service provided by the Cable Operator to the C ustome r. c. To the extent authorized by federal law, a Cable Operator may disclose Personall y Ide ntifi abl e Information pursuant to a subpoena or coun order a uth orizi ng s uch disclo urc . -14- ' ... .• • • • • . ~ l~ 4 . Access to Infonnation. Any Personally Identifiable Information collected and maintained by a Cable Operator shall be made available for Customer examination within thirty (30) days of receiving a request by a Customer to examine such information at the local offices of the Cable Operator or other convenient place within the City designated by the Cable Operator. Upon a reasonable showing by the Customer that the information is inaccurate, a Cable Operator shall correct such information. 5. Privacy Notice to Customers a. A Cable Operator shall annually mail a separate, written or electronic copy of the privacy statement to Customers consistent with 47 U.S.C. Section 551 (a){I ), and shall provide a Customer a copy of such statement at the time the Cable Operator enters into an agreement with the Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format and be printed in ten-point type or larger. b. In the statement required by subsection F5a, a Cable Operator shall state substantially the following regarding the disclosure of Customer information: "Unless a Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable information, any disclosure of personally identifiable information for purposes other than to the extent necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service, is limited to: i. Disclosure pursuant to a subpoena or court order authorizing such disclosure, but only to the extent authori:zed by applicable federal law. ii . Disclosure of the name and address of a Customer to any general programming tiers of service and other categories of Cable Services provided by the Cable Operator that do not directly or indirectly disclose: (A) A Customer's extent of viewing ofa Cable Service or Other Service provided by the Cable Operator; (8) The extent of any other use by a Customer of a Cable Service; (C) The nature of any transactions made by a Customer over the Cable System; or (D) The nature of programming or sites that a Customer subscribes to or views (i .e ., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming)." The notice shall also inform the Customers of their right to prohibit the disclosure of their names and addresses in accordance with Subsection b for non -c able related purposes. This opportunity will be presented in the form of a toll -free telephone number and/or a postage paid, self-addressed post card, provided by the Cable Operator with the privacy notice or other manner acce ptable to the Franchising Authority. If a Customer -15 - ' • • 6. 7 . 0 8. ·• • 0 0 exercises his or her right to prohibit the disclosure of name and address as provided in subsection F3a or this subsection, such prohibition against disclosure shall remain in effect permanently, unless the Customer subsequently notifies the Cable Operator in writing that he or she wishes to permit the Cable Operator to disclose his/her name and address. Privacy Reportina Requirements. The Cable Operator shall include in its regular periodic reports to the Franchising Authority required by its Franchise Agreement information summarizing: a. The type of Personally Identifiable Information that was actually collected or disclosed by Cable Operator during the reporting period; b. For each type of Personally Identifiable Information collected or disclosed, a statement sufficient to demonstrate that,the Personally Identifiable Information collected or disclosed was: (A) collected or disclosed only to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator; (B) used only to the extent Necessary to detect unauthorized reception of cable communications: (C) disclosed pursuant to a subpoena or valid court order or to a governmental entity to the extent required by federal law; (D) names and addresses disclosed in compliance with subsection a of this section; or (E) a disclosure of personally identifiable information of particular subscribers, but only to the extent affirmatively consented to by such subscribers in writing or electronically. C. The names of all entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator need not provide the name of any court or governmental entity to which such disclosure was made if such disclosure would be inconsistent with applicable federal law; d . The measures that have been taken, or could be taken, to prevent the unauthorized access to Personally Identifiable Information by a person other than the Customer or the Cable Operator. A Cable operator shall meet with Franchising Authority if requested to discuss technology used to prohibit unauthorized access to ,Personally Identifiable Information by any means. Nothing in this subsection F shall be construed to prevent the Franchising Authority from obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the Communications Act, 47 U.S.C. Section 551. Any aggrieved person may commence a civil action for damages for invasion of privacy against any Cable Operator. -16- t .· .. .. , ~ • • 9 . Destruction of Persona11y Identifiable Information. A Cable Operator sha11 destroy, within ninety (90) days, any Personally Identifiable Information if the Persona11y Identifiable Information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such Personally Identifiable Information under subsection 3 of this subsection, pursuant to a court order, or pursuant to Section 631 of the Communications Act, 47 U .S.C. Section 551. G. Safety. A Cable Operator sha11 install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate su~h condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition. H. Satisfaction Guaranteed. A Cable Operator shall guarantee customer satisfaction for every customer who requests new installation of Cable Service or adds any additional service to the customer's subscription. Any such customer who requests disconnection of such service within 30 days from its date of activation shall receive a credit to his/her account in the amount of one month's subscription charge for the service that has been disconnected. 12-6-4: COMPLAINT PROCEDURE. A. Complaints to a Cable Operator I . A Cable Operator shall establish written procedures for receiving, acting upon, and resolving customer complaints, and crediting customer accounts and shall have such procedures printed an~ disseminated at the Cable Operator's sole expense, consistent with Section 3 .E. I .e of these Standards. 2. Said written procedures shall prescribe a simple manner in which any customer may submit a complaint by telephone or in writing to a Cable Operator that it has violated any provision of these Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator, or reasonable business practices. 3. At the conclusion of the Cable Operator's investigation ofa customer complaint, but in no more than ten ( I 0) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the results of its investigation and its proposed action or credit. -17- ' .. • • ·• • • 4. A Cable Operator shall also notify the customer of the customer's right to file a complaint with the Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the Franchising Authority. 5 . A Cable Operator shall immediately report all customer Escalated complaints that it does not find valid to the Franchising Authority. 6. A Cable Operator's complaint procedures shall be filed with and approved by the Franchising Authority prior to implementation. B. Security Fund or Letter of Credit A Cable operator shall comply with any Franchise Agreerrient regarding Letters of Credit. If a Franchise Agreement is silent on Letter of Credit the following shall apply: I. Within thirty (30) days of the effective date of these Standards or the effective date of any franchise granted by the Franchising Authority, whichever occurs first, a Cable Operator shall deposit with an escrow agent approved by the Franchising Authority one hundred thousand dollars ($100,000) or, in the sole discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers within its jurisdiction. Alternatively, at the Cable Operator's discretion, it may provide to the Franchising Authority an irrevocable letter of credit in the same amount. Such amount may, with the approval of the Franchising Authority, be posted jointly for more than one member of the GMTC, and may be administered, and drawn upon, jointly by the GMTC or drawn upon individually by each member. The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring compliance with these Standards for the benefit of the Franchising A uthority . The escrowed funds or letter of credit shall be maintained by a Cable Operator at one hundred thousand dollars ($100,000), or such lesser amount accepted by the Franchising Authority, even if amounts arc withdrawn pursuant to any provision of these Standards. 2 . The Franchising Authority may require the Cable Operator to increase the amount of the Security Fund, ifit finds that new risk factors exist which necessitate such an increase. 3 . The Security Fund shall serve as security for the payment of any penalties, fees , charges or credits as provided for herein and for the performance by a Cable Operator of all its obligations under these Customer Service Standards . -18- .. t i • ' • 0 ·• • • 0 4. The rights reserved to the Franchising Authority with respect to the Security Fund are in add i io n to all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Franchising Authority may otherwise have . C. Complaints to the Franchising Authority. 1. Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not received a decision within the time period set forth below shall be entitled to have the complaint reviewed by the Franchising Authority. 2. The customer may ifiitiate the review either by calling the Franchising Authority or by filing a written complaint together with the Cable Operator's written decision, if any, with the Franchising Authority. 3 . The customer shall make such filing and notification within twenty (20) days of receipt of the Cable Operator's decision or, ifno decision bas been provided, within thirty (30) days after filing the original complaint with the Cable Operator. 4. If the Franchising Authority decides that further evidence is warranted. the Franchising Authority shall require the Cable Operator and the customer to submit, within ten ( I 0) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. > 5 . The Cable Operator and the customer shall produce any additional evidence, including any reports from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and determination of the complaint. 6 . The Franchising Authority shall issue a determination within fifteen (15) days of receiving the customer complaint, or after examining the materials submitted, setting forth its basis for the determination . 7. The Franchising Authority may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution . 8. If the Franchising Authority determines that the customer's complaint is valid and that the Cable Operator did not provide the complaining customer with th e proper solution and/or credit, the Franchising Authority may reverse any decision of the Cable Operator in the matter and/or require the Cable Operator to grant a specific solution as determined by the Franchising Authority in its -19- ' ... • , ':]-. i . ~ , ---~~~---------------------~~-~~-....... • sole discretion, and/or any credit provided for in these Standards; or the Franchising Authority may provide the customer with the amount of the credit by means of a withdrawal from the Security Fund. D. Verification of Compliance. A Cable Operator shall establish its compliance with any or all of the standards required through annual reports that demonstrate said compliance, or as requested by the Franchising Authority. E. Overall Quality of Service The Franchising Authority may evaluate the overall quality of customer service provided by a Cable Operator to customers: I I . In conjunction with any performance review provided for in the franchise agreement; and 2 . At any other time, at its sole discretion, based on the number of customer complaints received by a Cable Operator and the Franchising Authority, and the Cable Operator's response to those complaints. F. Procedure for Remedying Violations. I . If the Franchising Authority has reason to believe that a Cable Operator has failed to comply with any of these Standards, or has failed to perform in a timely manner, the Franchising Authority may pursue the procedures in its Franchise Agreement to address violations of these Standards in a like manner as other franchise violations are considered. 2. Following the procedures set forth in any Franchise Agreement governing the manner to address alleged Franchise violations, if the Franchising Authority determines in its sole discretion that the noncompliance has been substantiated, in addition to any remedies that may be provided in the Franchise Agreement, the Franchising Authority may: a. Impose assessments ofup to one thousand dollars ($1,000.00) per day, to be withdrawn from the Security Fund in addition to any franchise fee until the non-compliance is remedied; and/or b . Order such rebates and credits to affected customers as in its sole discretion it deems reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with these Standards; and/or . ... .. • t • c. Withhold licenses and permits for work by the Cable Operator or its subcontractors in accordance with applicable law. 12-6-5. MISCELLANEOUS. A. Severablllty. Should any section, subsection, paragraph, tenn, or provision of these Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard thereto, such determination shall have no effect on the validity of any other section, subsection, paragraph, tenn, or provision of these Standards, each of the latter of which shall remain in full force and effect. B. Non-Waiver. Failure to enforce any provision of these Standards shall not operate as a waive./ of the obligations or responsibilities of a Cable Operator under said provision, or any other provision of these Standards. Revised S/20/04. 12-6-6. Credits to Customen. SCHEDULE A -CREDITS TO CUSTOMERS STANDARDS OF CUSTOMER SERVICE SUGGESTED A COURTESY I. Cable Operator employees. contractors and subcontractors shall be courteous, knowledgeable and helpful in their ICl'Vicea. -2 1- MINIMUM. COMPENSATION (If compematloa II not ....... to betweea tile Cable Opentor ud C.ltoaen, tile matteraay be submitted to die Frucllllsla1 Aatllorlty, wMcla sllaU make tlae ftllal determlaatloa, la Its reuoaable dilcretloa) SS.00 credit to their account. B. ACCESSIBILITY l. Cable Operator shall provide one customer $5.00 credit to their service center such that no subscriber is farther account. than IO miles from one. . t 2. Cable Operator shall have local telephone access $5.00 credit to their lines that are available 24 hours a day, 7 days a account. week. 3. Cable Operator shall have dispatchers and $5.00 credit to their .. technicians on call 24 hours a day, 7 days a account. week. 4. Cable Operator shall have sufficient customer $5.00 credit to their service representatives and telephone line account capacity to ensure that calls are answered in 60 seconds or less 90"/o of the time, measured monthly . 5. Calls receiving busy signals shall not exceed 3% $5.00 credit to their of the total telephone calls 90"/o of the time, account measured monthly. C. RESPONSIVENESS 1. Guaranteed 7-Day Residential lutallatlo• a. Cable Operator shall complete Standard Free installation, or l residential installations requested by a month's basic service, customer within 7 business days after if the fee has been order has been placed. waived for promotional reasons . • b. All underground cable· drops will be buried no less than 12 inches deep (6 inches deep if there is a sprinkler system or other construction concerns). 2. Residential Iastallatloa Appolatmeatl a. Cable Operator customers wanting $5.00 credit to their • • installation of cable may choose a 4-hour account time -block for installation between the -22-. hours of 8:00 a.m. and 6:00 p.m. six days per week. b. Cable Operator may not cancel an $5.00 credit to their appointment with Customer after the account. close of business on the business day prior to the date of the scheduled appointment. . t C. If Cable Operator is running late and will $5.00 credit to their not be able to keep the appointment account. with the customer as scheduled, the .• customer will be contacted promptly. .. The appointment will be scheduled, as necessary at a time that is convenient to the customer. d. Cable Operator will deem to have $5.00 credit to their responded to a service request when the account. technician arrives within the agreed upon time, and, if the customer is absent, the technician leaves the written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator shall contact the .. customer within 48 hours . I 3. Residential Service lnternption1 a. System outages resulting from Cable One day's free service Operator equipment failure, shall be for each 24-hour delay. corrected within 2 hours after the 3rd customer call is received. b . All other interruptions resulting from One day's free service Cable Operator equipment failure shall for each 24-hour delay. ; be corrected by the end of the next calendar day. C. Cable Operator shall keep a file of any One day's free service and all complaints regarding the cable for each 24-hour delay. system or its operation, and the Cable • • Operator's action in response to those comp laints. Cable Operator shall submit an executive sumnwy of those complaints and submit to the franchising -23- 4. s. d. authority monthly. A log of all service interruptions shall be submitted to the franchising authority quarterly. All service outages or interruptions beyond the control of Cable Operator shall be corrected within 36 hours after the conditions beyond its control have been corrected. TV Reception a. Cable Operator shall provide clear televis:on reception and shall make repairs promptly, and interrupt service only for good cause and for the shortest time possible. b. If a customer experiences poor video or audio reception due to Cable Operator's equipment. Cable Operator will repair the problem no later than the day following the customer call. Problem Resolution One day's free service for each 24-hour delay. One day's free service for each 24-hour delay. One day's free service for each 24-hour delay. a. Cable Operator Customer Service $5.00 credit to their Representatives will be able to provide account. credit. waive fees, schedule appointments and change billing cycles. Any difficulties that cannot be resolved by the customer service representatives will be referred to a supervisor who will contact the customer within 4 hours and resolve the problem within 48 hours. 6. Billing, Credits and Refunds a. Cable Operator will allow 30 days from $5 .00 credit to their the date of the bill for payment. If not account. paid within 30 days of the date, Cable Operator may apply an administrative fee . If not paid within 45 days of the date, Cable Operator may perform a "soft" discoMCCt of the customer's service. b . Cable Operator shall issue a credit or refund within 30 days after determining the customer is entitled to one. -24- $5.00 credit to their account. ! t • . ... • • • 7. D. I. 2 . .(J. c. Whenever Cable Operator offers any $5.()() credit to therr promotional or specially priced service(s), account. its promotional materials shall clearly identify and explain the specific terms of the promotion, including but not limited to manner in which any payment credit will be applied. Treatment of Property a. Cable Operator shall replace trees or shrubs damaged during installation. b . Cable Operator shall restore any damaged property to the same condition it was before damage occurred. C. Except in cases of emergency, Cable Operator shall give reasonable notice to property owners before entering premises, specifying the work to be done. d . Cable Operator personnel shall clean up the area surrounding a work site and properly dispose of cable materials. SERVICES FOR CUSTOMERS WITH DISABILITIES $10.00 credit plus any additional repairs. $10.00 credit plus any additional repairs. $10.00 credit plus any additional repairs. $10.00 credit plus any additional repairs. Cable Operator shall deliver and pick up $5.00 credit to their equipment at the home of customers with account. disabilities. In the case of malfunctioning equipment, the technician shall replace it with a new one at no charge. Cable Operator shall provide TDD service with trained operators who can provide' any assistance available. $5.00 credit to their account. 3. Cable Operator shall provide free use of a remot, $5.00 credit to their control unit to mobility-impaired customers. account. 4 . A customer with a disability may request the $5.00 credit to their above services by providing Cable Operator wit! account. a letter from a physician stating their condition, or by making the request to Cable Operator's installer or service technician in person, where -25- ' • • 0 . the need for the special services can be visually confirmed. E. CUSTOMER INFORMATION I. Upon installation, or at a customers request, Provide customer with Cable Operator will provide the following the requested service information (in Spanish when requested by the infonnation. ' customer): a. Products and services offered including channel lineup; .,.. b . Complete range of service options and .. prices; .. c. Billing, collection and disconnect policies; d. Privacy rights of customers; e. Complaint procedures, including forms, telephone numbers and mailing address of the Cable Operator, the FCC, and the franchising authority; f. Use and availability of parental control/lock out device; g. Special services for customers with disabilities; h . Days, times of operation, and locations of the services centers; i. Either a copy of these Customer Service StandarJs and any other applicable customer service standards, or a summary thereof, or the URL address of a website containing these standards. The GMTC or its designee shall be responsible for maintaining the URL. 2. Copies of all notices provided to the customer shall be filed concurrently with the franchising authority and the GMTC. . 3 . Cable Operator will provide customers with $5.00 credit to their written notification of any change in rates, account programming, or channel positions at least 30 days before the effective date of change. 4 . Every employee of Cable Operator in contact $5 .00 credit to their with customers or when working on public account • • property will wear an identification card with their name and photograph. Every vehicle of Cable Operator or subcontractor shall be -26- • F. I. 2. 3. 4 . G. I. visually identified as working for Cable Operator CUSTOMER PRIVACY Collection and Use of Personally Identifiable Information a Cable Operator shall not use the Cable System to collect, record, monitor or observe Personally Identifiable Information without written permission from the customer unless such information is used to detect unauthorized reception of cable service, or is necessary to render Cable Service to the customer. b. Cable Operator shall not violate any other provisions of Section m.F.1-3 of the Customer Service Standards. Access to Information. Cable Operator shall make personally identifiable information available to customers pursuant to Section m.F.4 of the Customer Service Standards. Privacy Notices . Cable Operator shall comply with all provisions of Section lll.F.S of the Customer Service Standards. Destruction of Personally Identifiable Information. Cable Operator shall destroy all personally identifiable information of customers in accordance with Section m.F.9 of the Customer Service Standards. SAFE]')'. Cabl e Operator will install and locate its equipment in compliance with all federal. state, local , and company safety standards, and in such a manner that will not interfen: with or endanger persons or property . -27- The customer shall receive a credit to their account (or if the account is being cancelled, a payment from the Cable Operator) of at least $100.00, depending upon the circumstances of the violation. $10.00 credit to their account SI0.00 credit to their account Payment from the Cable Operator of at least $100.00, depending upon the circumstances of the violation. A credit to the customer's account in the amount of at least S2S.00 a day for each 24 hour delay in n::sponding, plus additional rights or causes of action available to the •• • . ~. ' .. ; . . . • • - H. SATISFACTION GUARANTEED Cable Operator will guarantee customer satisfaction for every customer who requests new installation of cable service or adds any additional programming service to the customer's cable subscription. Any customer who requests disconnection of service within 30 days from date of activation shall receive a credit to their account. customer. One month's subscription charge for the service that has been disconnected. Scctjon 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. Inconsistent Ordinances. All other Ordinances or portions thereof inconsisten2 or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. Effect of ('CJ)CI! or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. ~ The Penalty Provision of Section 1-4-1 EMC shall not apply to this Ordinance. The penalties for violation of this Ordinance are set forth in 12-6-4(F) and 12-6-6 Englewood Municipal Code. Introduced, read in full, and passed on first reading on the 19th day of July, 2004. Published as a Bill for an Ordinance on the 23rd day of July, 2004 . Read by title and passed on final reading on the 2nd day of August, 2004. -28- ' .. .. • • Published by title as Ordinance No. --J Series of 2004, on the 6th day of August, 2004 . Douglas Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrisbia A . Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. --J Series of 2004. Loucrisbia A. Ellis -29- ORDINANCE NO . SERIES OF 2004 BY AUTHORITY g (J COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING Al'f INTER GOVERNMENT AL AGREEMENT BETWEEN THE UNITED ST A TES ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD , COLORADO, FOR THE ISSUANCE OF STATE AND TRIBAL ASSISTANCE GRANTS (ST AG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT. WHEREAS, previously City Council approved the Brown and Caldwell Engineering Contract for the design of the Phase 2 Expansion Project improvements at the Littleton/Englewood Wastewater Treatment Plant and also approved the Brown and Caldwell contract amendment for construction management services during construction; and WHEREAS, City Council also approved by Ordinance two Intergovernmental Agreements with the Colorado Water Resources and Power Development Authority for the issuance of Water Revenue and Water Pollution Control Revolving Fund bonds for the Phase 2 Expansion Project; and WHEREAS, the treatment capacity of the UEWWTP will need expansion because of higher than anticipated population growth in the facility 's service area and the regulatory requirement to remove nitrate from the plant eftll\ent; and WHEREAS, the Pre-design Project was completed along with the engineering design stage of the Phase 2 project ; and the final drawings and specifications have been made available to prequalified general contractors and subcontractors in order to obtain competitive bids fo. :ae project; and WHEREAS, the U.S. EPA notified the City that the Littleton/Englewood Wastewater Treatment Plant Phase 2 Project was qualified for a $1 ,000,000 grant in 2004 with net funds to the Cities for $964,3 00 grant in 2004, said grant funds being part of the EPA's Fiscal Year 2004 Appro priations Act. WHEREAS, the grant funds will be equally divided for Phase 2 capital expenses for Englewood and Littleton and matching funds will be equally divided between the cities of Linleton and Englewood . . 0\ , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ecuon I. The City Council of the City of Englewood. Colorado, hereby authorizes the In ter gove rnmental Agreement, mled ·'Application ior Federal Assistance", between the U.S. Ennronmental Protecnon Agenc y and the City of Englewood for the issuance of Swe and Tnbal ss1 tan e Grants I ST AG) for L1nleton, Englewood Wastewater Treatment Plant Phase 2 Expansion ProJect. 10 ti iv t . ... ,• • • Section 2. Stewan H. Fonda, Director of Utilities for the City of Englewood, is hereby given the authorization to sign the Intergovernmental Agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 191h day of July, 2004. Published as a Bill for an Ordinance on the 23rd day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No._, Series of 2004, on the 6th day of August, 2004. ATIEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Cleric 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 • • --=· EXHIBIT A APPLICATION FOR Version 7/03 -EDERAL ASSISTANCE 12. DATE SUBMITTED Applicant ldenuller ,. TYPE OF SUBMISSION: il. DATE RECEIVED BY STATE ~plica ti on Pre-application 'Slate Applicalion Identifier Construction l'.j Construction , 4 . DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Mon·CQn11[ur-t1nn ~ ..,or._r "'n•tr11 ~+1 .... n 5. APPLICANT INFORMATION L•gal Name: Oroanlzalfonal Unit Ci t y of Englewood Department: T, rtle'"nn /Fn~l awnn..l u~~,-aw:,r-<>r Tr .. ~,--a-r: OrganizaHonal DUNS : 07-575-0133 OivtSK>n : I Address: Name and telephone number of person to be contacted on matters Street involvlna 1h18 appiicalfon taivo aroa coda) 1000 Engle'JOOd Parkway Prefix: I Flrst Name: .,~ Mark I C1ly: Englewood jMlddle Name A Co unty : 4,.-:.::t n!lhno j Last Name Van Nostrand State : co Zip Code 80110 Suffix: P.E. Country : USA 1~;~1 ~n " ·--~--lr.l ,o1 .e,.,nnrlonv orll 6 . i:MPLOYER IDENTIFICATION NUMBER (c /NJ: Phone Number (Qive .. , cod•) I Fu Numbeqglve aroa co,111 n n-1 1111 11 111111 f n" o, "'"""o" 7. TYPE OF APPLICANT: (See back of form for Appilcabon Types) ~ N-In Continuation r Revi91on I Revision , enter appropnate letter(s) in box(es) Other (specify) See bad< of form for desonption of letters .) O D C Oth er (speoly) I. NAME OF F/DERAL A1ENcY8 EA, Reg on CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11 . DESCRIPTIVE T1TU OF APPLICANT'S PROJECT: I TI LE(Nameol?rogram): Special Purpose ~!ti-~[g~ Litt leton/Englewood Wastewater Treatment Plant: 112. AREAS AFFECTED BY PROJECT /C,lies, Counnes. States, etc./: Phase 2 Expansion Project Citz o f Enslewood, Araeahoe Countv 13. ?ROPOSEO PROJECT 14. CONGRESSIONAL DISTRICTS 01': S tan Oate: I Enomg Dare : •• Applicant I b. Project 4/2002 9 /2008 115. ESTIMATED FUNDING : 11 . IS APPLICA TlON SUB.IECT TO Rcv,EW BY STA TIE EXECUTIVE nan11t• • ., .. ,.., 11Rnrc••'9 a . FeaeraJ r -IJ THIS PREAPPLICATION/APPLICATION WAS MADE I 1 ,000,000 a. Yes . AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 :l ~cp 11can1 r -PROCESS FOR REVIEW ON c 3tate F 102:000,000 .- lb. No. DATE: (Loan } 1 _;ca1 $ :n PROGRAM IS NOT CO VE RED BY E. 0 . 12372 I 7 000.000 ·: -! .;.ther ,s I IJ OR PROGRAM HAS NOT BEEN S ELECTED BY STATE Fl':R RFVt c," • =--.. .gram ,ncome IS 1 17 . IS TkE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ; J L ,s 1 10 .000.000 I :v es 11·y11·at1ad'lanexolan1tion , ~ ·a -o -He aesT OF ·~y KNOWL:DGE AND aE L!EF, ALL DATA IN THIS APPLIC.\TIONIPIIIEAPPLICA-ON ARE TRUE AND CORIIIECT. TkE :'CC:J M ENT HA S BE:N OULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLIC.\NTWILL CO.LY WITH TkE .> --~CH EO ASSU RANCES IF -HE ASSIS TANCE IS AWARDED. r ,rst "ame Miao lo 'lama Suffix • :111 :5 .c;nea 5tanauc i='ltffl ~2• rt ev .9 -£J :J) .:i .. ,,c.,c ea CY (;MB t;.rc:...ar '"'. '')2 Plan t • • • (J OIAB Approval No. OJ4 : ASSURANCES -NON-CONSTRUCTION PROGRAMS Puolic report ing burden fo r this collection of infonnation is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, galhering and maintaining the data needed, and completing and reviewing the collection of information . Send co mments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reauc1ng this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, OC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program . If you have questions , please contect the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such Is lhe case. you will be notified . As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (i ncluding funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application . 2. Will give the awarding agency , the Comptroller General of the United States and. if appropriate, the State , through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award ; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establ ish safeguards to prohibit employees from us ing their positions for a purpose that constitutes or presenis the appearance of personal or organizational conflict of interest, or personal gain . 4 Will initiate and complete the work within the applicable ti me frame after receipt of approval of th e awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 970 \42 U.S.C. §§.1728--1763) relating to prescnbed standaras for men! systems or ~rograms funded under on e of the 19 statutes or regulations specified in Aooendix A of OPM's Standaras for a Ment System of ?~rson nel Acm1n1str ation (5 C .F.R. 900 , Subpart F). 5. '.'/ill c:::m oty with all Federal statutes relanng to no naisc nminaucn . hese :nctude but are not :i m1tea to: •ai Titl e 'II of ·h e c :v1t Rignrs >.ct of 1964 (PL. ae-3!2) :m 1c:1 ;>romtn rs Jiscnminaucn on the basis cf race, co lor ~, 'lat1011at ~ngm ; b \ 7itle •x of the ::ucaucn -merc,rems lf '972. as 3m eno ea 120 U .S.C . §§1681- 'i:33 . ;no ·sa:-·ES6 \, .vn,c:'I oronibus 01 sc:imina11on en ·e :as1s Jf ;e~: c : Sec::cn !0.1 of :he rtenao111ta11on h ev1ous i::a1t1on U aaole Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P .L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse ; (fl the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P .L. 91-616), as amended, relating to nondiscrimination on the basis of aleohol abuse alcoholism: (g) §§523 and 527 of the _Public Heal, Service Act of 1912 (42 U.S .C . §§290 dd-3 and 290 ee 3), as amen<led, relating to confldentletlty of alcohol and drug abuse patient records; (h) TIUe VIII of the Civil Rights Act of 1968 (42 U .S.C. §§3601 et seq.). as amended, relating to nondiscrimination in the sale, rental or ftnancing of housing; (I) any omer nondiscrim,natlon provisions in the specific statule(s) under which application ror Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application . 7. Will comply, or has already complied, with the .. requirements of ntles II and Ill of the Uniform Rel ocation Assistance and Real Property Acqu1s1tion Policies Act of 1970 (PL. 91-646) which ;irov1de for fair and equitable treatment of persons displaced ~r whose property is acquired as a res ult o f Federal or federally-asS1sted programs . These requirements acpty to all interests 1n real property acquired for proJ ect purpose s regaraless of Federal participation in purchases . a. Will -o!T'~ly, as apoticac !a , with crov1s1ons of :tie ua1c:-, >.c: ,5 J .S .C. §§'.501-1~08 3na 732&-7328) .vnic., •;m1t :ne ~ouncal ic:ivmas Jf amc1oyeas NhCH :lnnC!oal am:noyment aC:Nanes are ~noeo 1n .vno 1e o n pan v,tn =~erat 'uncs. .i.uthon:eo to r ocal qeoroauc:lon Stanoara Form .l248 1Aev . ~.971 ?rncnD*G tJV Ml C,rcuw .102 t ..• • • ~-Wil l comply, as aoplicable , wilh the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), /he Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Ho urs and Safety Standards Act (40 U.S.C . §§327- 333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, If applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires recipients in a special noOd hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquis,tfon is S10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following ; (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.'L. 91-190) and Executive Order (EO) 11514; (b) notification of violating fac ilities pursuant to EO 11738; (c) protection of weUands pursuant to EO 11990; (d) evaluation of llood hazards in noOdplains in accordance with EO 11988 ; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C . §§1451 et seq .); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P .L. 93-523); and, (h) · protection of endangered species under the Endangered Species Act of 1973, as amended (P .L 93-205). :.:.,,,r :"'Gr :,,z.~ ,ICN .!~y oi ~~g :~~ooa 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S .C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system . 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1968. as amended (16 U.S.C. §470), EO 11593 (Identification and proteetion of historic Properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S .C. §§469a-1 et seq.). 14. Will comply With P.L. 93-348 regarding the prot8Ctfon of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the laboratoty Animal Welfare Act of 1966 (P .L. 89-544, as amended, 7 u.s .c . §§2131 et seq.) pertaining to the care, handOng, and treatment of warm blooded animals held for research, teaching, or other activities !Upported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint In construetion or rehabilitation of residence stzuctures. 17. Will cause to be P&dormeci the required llnanaa1 and compliance audita In ~•nee With the Single AUdit Act Amendmenes of 19961ne1 0MB Circular No. A-133, "AUdits ot St.IN, Local Go"9mmenis, and Non-Prollt Organizatlona. • 18. WID comply with .. applicaofe requirements of all ot11er Federal laws, HIICUlfve orders, tagulaliona, •nd poiiciH QOVeming 11,ja PRlgram, O!rec:or of Ut!li:!e~ ..:un e ·o . :004 • • I I ' • ~,EPA Washin2ton, DC 20460 Preoword Compiionct Rt>iew Repon for . .\II Applican t! Requurine Feder.I Financial . .\!!i!tanct '°ote· R~~d in<rrucrio n• btfort compltrino form ~ I. .'\. Applicant {Namt , Ciry, ~tatc} B. Recipiot (Name, City, State) City of Englewood, Coloracb !I. brici oc.!cnptior. oi proposed prOJect. pro1ram or 1civiry. FOR.11,i Approved 0MB No. 2030-0020 Expires 12-31--0! C. EPA ProJCCt No. Capacity expansion of the L/E Wastewaie Treatment Plant from a rated capacity of 36.3 50.0 to MGD. An advanced tre, t upgrade for Denitrification to comply w/more quirements. Infrastructure imorovem"!nts stringent nutrient permit re- Ill. Arc Jny c1v1l niht! lawnrns or complaints pending ll!ainst applicvit and/or rccipicnl? If 0 Q yes, list 1hosc compi11nts ;i,nd the disposition of each comp lai o1 . Yes No IV . Have :toy civil np:hts compliance revi ews of the :ipplic:im 3.0d/or rcc1p1c:n been conducted 0 ~ by :my Fcocral 3@cncy during the two ~·car'! pnor to this applic;nion fo, activities which would Yes No rec eive EPA assistance? lf yes, list those compliance reviews and staNS of each rcviC"W. V. Is ,my 01h cr Fca cra l fmanc 1:1l as~1stance being applied for or is any other Fcacral financial Q Ya 0 as~inanc c bc1n1 applied to any poni on of :his project, pro@ram or activity? lf yes, lis, the other No Fcd cni l A@ cncy(s), Qcscribe 1hc associated work and the dollar amounr ofus"1ance, Federal State and Tribal Assistance Grant ·1 1. If cnure co mmun11:· unoc:-tne applic.1n1 's .1urisd1 c11on 1s not served ur.dcr the cxisun1 f1cii it1csacrv1ccs. or will not brt !er.red under the proposed plan, give reasons why . VII Poouiar ,on Ch1rac1en,nc~ i. A . Pooulauon of Ennrc Service Arca 8 . \.1momv Pooulanon oiE:mrc Scrv,cc .~rci . .... Pocu ladoo Cunentlv Be 1n1 Served .. B. "1 inontv Pooul:m on Currc:nlv 9crnsr Serva: -~-?oou la11on 10 be Se!"Vca bv Pro,ec ~. Prornm or .~cuvif'.• B. \i1mor:rv Pooula11on iO be ~e :"\·co bv Pro,cC"' .. Proa.r am or Ac11v1tv ' .... Poou 1auon ro Remain W11hou1 SUV1cr 9 . "1monrv Poculauon 10 R.e~ain W1thou1 Scrv1ct ·. !I. \\i dl 31J new •ac :li11 c! or auc::monf 10 c:urnnp. fac 1i mcs financca by then fur.as be :e:.1fnca •no cor.smJ c!ea :a be :c~c ily acccHtblr 10 ana usabl e by h1nC:1capped pcr!ons7 If a.a. !!:".pl:.in how ii rc1ula1ory e.xcc:mon (40 CFR i'.70) applie1. See ~ctached ex?lanation l"lumocr ofFcoalr ,,n nnn I ,Q c;~n I .O U c.>Ul ! S Q ~ "' I 318 '1111 I so ,nn u u D Yes Q No X. G ,,c :n c !c:.ccu1 c ·or :Uru rc ;:ro~cc:.s. ~ropam! or Jc::vmc: l Or o i :urure ;111'1.!J, oy ·»h.tcn ~crv1ces wdl b e prov1ac.a to all J t::c:i c :sn C! ·-¥11h1n a po11c n1 '::un!~1c:1oc. lf tnc:c !S no !cb.cauic. apJ1 1n wny. See Wascewace r Util::.cy Plan (W.O.P ) ... :::.:y ::;11 :::c ;;.1 :::;:cr.1!. r.av-c -:-.ac e J ~ ::a! :om u:c u 1nac::_-nc:;u: ·:;c:e·o .ir e ::uc. :ccur1tc .1na c :r.:p1c:c . • :,.:.ow c ape ·.,at :.ny •,.--;:::w 1rii1Y :·use o r l":'ll!IC1c1r.r na1 e:-:1c::t ::-:ay :c ;:unu::'".1c1c :y :1 r.c or tm;:n5c r.mc..-,;t ~r ~ot.a cce: 3 . -me ~i .~ cu:on ~cc C :fic:IJ I C. :,ale ~irec:or oi Uc ::.l::.c:es .: ,.:::ro-.c: -1Jtr.vn:.cc 2.? ~ : !::c:u : 1tt ·.:::-: -. ~~-:'.e· ... ;'v ::e",CUS :om.:~s .ire ~C!C1 e:e.. I I I r ment .... ·"' ,, t • • EP . ..t. \·ill. \Y: ~ 1!: i.:!'-:~· f:i.::!i~i~s er :1lt!:-::.t:::·::E ~Q !xisr:::g f~..:ili ries :'::1;J.~.:e:! by r:":ese :":..::1.is ~~ desii:ed ~r:C. .:crr:sLr:.:~ce..: :0 Ce :!;iC:!y :i~:~s5i~i! ~o :in~ :..rs~:1::'i~ jy b::.nd~.;:z.;,pe=i ;,e::-scns ·: If no , e·x?i:.:n h0w :i regu1:i.rnr:: ex.:e;_oricn l?plie; (+0 CFR 7.":-0"J . ..\.::::ording ro the regul:uory e;,.:eption (+OCFR 7.70) under new .:cnm:'..!C[i o n . 1 .• b I c 2i ··For puQOSes of ,his se:::,ion. se:::rion +. l.6( l)ig) of CFAS sh:ill b~ imerpre[ed to exemp[ ::rom the r:quiremencs or lTFAS only me.:hani -:::11 ro<Jms :ind 0d1e~ spaces that because 0r" their intended use, will nor requi:e ' ac:::essibility co ,he public or bene:iciaries or result in the emi:-Iuyment or residence therein of persons wich physical h:mdic:ips." The Lirrler~,11/Englewood wasrer warer p1·ojec: does not provide a ccess ro ,he p11blic dutt ro che 11arure of rite operarion. ·w:ch regards ro employment oj persons wirh physical handicaps: The essttnrial functions of ,he job require employees co be able walk 6;"-100% of their shift, be ubld rv squar 3-+-66% oj rfi.! rime , overhead reaching, ca.rr?l!ift 23 lbs on a consranr basis, ere. The physical functions oj rlu jobs do nor allow for some physical ftand.ica:p persons ra work in this ,mvironnunr. ( ue ..::.rrached physicalf1.mc:iims) EP.-\. \"III. \\"!Ii Jli :1~'-,. fl~tlir;~s or :.1ir~:n:ions to !Xis~ir:g r:i~:Eti~5 fin:iii..:!d by th~5~ fun.:; be desig:!!C :m.: .:or.sc;uc:e:: co be re:i.diiy .1.:.:es;ii:>le ,0 ;:nd use;:ble ~y hJnC ic:ip~t!d pe:-sons ·? If no. e:-qbin how :i regulaccry ex.:e~cion ~ppiies 1-+0 CFR 7. 70, A . ..:cor.::ing co che regularory ex.:epcion (+OCFR 7. "'01 unde~ new construction. (bl ('.:) ··For purpose5 of this section. se.:tion +. l.61. l li g_) of l"F:1.S sh::ill be inrerpreted co exempt from che requir~mer.ts of CF..\S only mech.ini.::il rooms and other spaces char because of their inrended use. will not require ac.:essibility to the public or beneticianes or result in the emFloymenr or residence therein of persons with physic:il h:mdica!:)s." The Lirclecon/£11glr1wood waster wacr1r project does not provide accus cv the public due co th<! 11acure ,;J the operario11. With regards ro emplvyment of persons wirlt physical handicaps: Tlte l:!Sse11riu.l. fancrions of the job require ttmployees ro be able walk 67-JOOC:O of their shift, be .:lble co squar 3./.-66% of the time, oi-erl1r1ad reaching, carr:_./lifr 23lbs 011 a consr.::m !Jc.sis, ere. The pltysic:ilfimc:ions of ,he jobs Jo nor ullow far some physical handicap persons iO work in ,his environmenr. (see arr.zdied physical fimc:io11s) • • (HJ HEALTHS0U7H. Physical Job Demands -Seneficial Usa Operator Wsight NIA Occas ion a l Constar.t 1-33°,{, 67"-10C% 75 ib.dcr:e = .J!ing 7S i~.ffc:-:s = :::, t: K:;•xk:a Li"'! L..; lb . t ..Z ,uc!{la "o S;--oulde, Lift 5 0 lb . 22 lb . 19 lb. 22 l b . -.:::~r;y ing 50 lb . 23 lb . S ,;;;ng X .. X v:alk ing X C lim bing Stairs X Sus:ained Bending X o,,erhead Reaching X c~;:;wling X Sauatting (Re:::eated ) X ·eling X :.:;cping ,Reoeated) X c ~cuching X C ir.bing Ladders X ::'.a la ncin g X X X X X X X X X < • • , _-:_ -:--= .. -· ( ( '! ·::.--·---.:, ~::-:.:c!<:e t c S hc~lc;;r Ut S::::1cing C ll rt:ing Sca1rs SLs~::med Eardin g _ •,e rh ead Re3c:1ing Crawling Scuarting (Rai:;eatad) v-ee!i ng ::ccc ing i Repe3ted ) C r,:uc. in g ::a aric irig -a 1c li ng -; .. - --=---= _::_ - <'t) HEALTrlSOUTrl. Physical Job Demancs -Facilities Repa i r Technician Weight NiA Occasional Frequen t Cons 1 .. 33o ,~ 3.!-C 5°·0 67 -100~~ 4: :t.ff,::-:: a.5 !C . .'fcr.:e 5C· ib . • t :(} lb . X 51] lb . .. X X X X X X X X X X X X X X X X X ., .. , X ,( :< • • ( ~ CR•A Unite<! States ~ 'I-\ Environmental Protection Agency EP.,. ProJctl Control :siunibcr CERTJFlCATTON REGARDING LOBBYI'liG CERTIFICATION FOR CONTRACTS, GR..\NTS, LO..\.'IS .. .\'.''D COOPER..\ TTVE ..\GREE'.\IE:"ITS The undersigned c:rtifies. 10 ,he beSt of his or her knowledge and belief. th•<: ( I) No Fcder•I •pp ropriaied funds h•ve been paid or will be paid. by or on behalf of the undersigned, to any person for in flucnciig or ancmptin! to inrluencc an officer or employee of any 3@'.C'ncy, a Member of C11ngress , an officer or emplo~e of Congress. or an employc~ of a ~cmb er of C'1n!ress in connecuon with the awarding. of any Feder>! contuct, the mok1ng of any Federal grant. the ma kin& of any Federal loa.n. the encerm! into of any cooperative :a1r~mcaL :ind the extc:ision , conlinuarion. re ncwal . amendment, or moditicauon of :iny Federal contr:act, !rant, loan. or coopctauve a.srccme:ir. (~) If any funds other than Feder,J appropriated funds have been paid or will be paid to :iny pc:son: for intluenc1n1 or ,me:np1in1 to nrlucnc:e an officer or emplO:!'Ce of :iny :».!ency. :s Member of Con1ress in connection wtth this Federal contract. 1r:1nt. loan. or c oopcrouve :,greeme:n. the unders i Jlll•d shall com;,Jez and slbmit St.,dord Form- LLL. "Disclosure Form to Rcpon Lobbyin1, .. in accordance with its anstrucuons. (o) rnc undccsigned shall require 1h11 thc lan1ua1e ofth1s cemfie>llon be 1nc!uded in !he :iward documents for all sub-i'fUds ar ill uers l 1ncludn1 sub-con1racts. sub-1r;int1. :snd cootra::ts under granrs. loans.and cccperaove 31recmeras) and thu :aU s ub- rec ip ien ts shall certify ;:ind disclose 3ccordin1ly. • This c:rufic:mon is a m:uerfal represe:it:uion offac! upon which reli~nc: was placed whe:i this m1nsac:1on was :n:s.d c vr entered into. Subm1ss1on of this cert1tic:s.110n is :s p re=-equ1snc for ;r.:ik::-:g vr cn1cnng into :his rr::in s::icnon imposed by sec:1on lj !:.. titl e j I U .S . Code. An y pc:son who falls n fil e j'\c :-ccu 1reo ce::15c:rnon sh all be subJc" to I c1Y1I p e nalty of :iot less 1h an SiO.'JOO Jna ~ot mare :non 5100.000 for o>ch such failure . SteYarc Fo nda , Direc~or of Utilities 7 _.pec :--.a.me!:. 7i1l m f Au 1oon:1a ti..ep rcs ec1aa,·e t • • - • 0. BY AUTHORITY ORDINANCE NO. SERIES OF 2004 COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AMENDING THE RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO SECTION VII, COUNCIL PROCEDURE, SUBSECTION A, ORDER OF BUSINESS PERTAINING TO PUBLIC COMMENT. WHEREAS, Section 27 of the Englewood Home Rule Charter provides that City Council shall by ordinance prescribe procedure governing meetings; and WHEREAS, by the passage of Resolution No. 66, Series of 1990, the Englewood City Council adopted Rules of Order and Procedure for the City Council of the City of Englewood, Colorado; and WHEREAS, by the passage of Ordinance No. I, Series of 1995, the City Council amended the Rules of Order and Procedure for the City Council of the City of Englewood, Colorado to streamline the meeting process while maintaining public input; and WHEREAS, the City Council desires to amend the Rules of Order and Procedure for the City Council of the City of Englewood by amending Section VII, Subsection A, pertaining to the Public Comment Section by limiting the unscheduled comment time to a total of 45 minutes; 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 approves amending the Rules of Order and Procedure for the Englewood City Council of the City of Englewood, Colorado Section VII, Subsection A, to read as follows: RULES OF ORDER AND PROCEDURE FOR THE ENGLEWOOD CITY COUNCIL vu. Cou ncil Procedure A . Order of Business All meetings, except executive meetings of the City Council, shall be open to the public. The matters to be deliberated by the City Council shall be consi dered and disposed of in the following order except where otherwise decided by a majority vote of City Council members present at said meeting : ( I) Call to order. ( 2) Invocation. (3) Pledge of allegiance. (4) Roll call . -1- IObv f • • (5) Consideration of minutes of previous session. (6) Recognition of 1'fl'5Cbeduled eiliHas 1111e ·,isileFS Public Comment (7) Recognition of unscheduled eiliHas aae ¥isileFS Public Comment (8) (9) (10) (II) (12) (13) (14) (15) Tune for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion . Communications and proclamations. Consent agenda items. Public Hearing items. Ordinances, resolutions and motions. General Discussion: Mayor's Choice. Council Member's Choice. City Manager report. City Attorney report. Adjournment The business of all regular meetings sball be transacted in the order provided for above unless City Council, by a majority vote of all members present, shall suspend the rules and change the order. On the Thursday preceding the regular City Council meeting, or at such other day as the City Manager, from time to time, shall determine, the City Manager will have delivered to each Council Member an agenda showing the order of business and indicating the public bearings to be anticipated as a result of previous action of City Council, planning or other commissions. Also listed will be ordinances for first or second reading, petitions previously presented to the Clerk's office and a list of the reports of special committees, the City Manager or City Attorney. At each meeting it shall be asked by the presiding officer if there are objections or are corrections to be made to the summary of minutes of the preceding meeting u published. If there are no objections, the summary of minutes shall be approved. Introduced, read in full, and passed on first reading on the 12'b day of July, 2004. Published as a Bill for an Ordinance on the 16th day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No .. __ __, Series of 2004, on the 6th day of August, 2004. Douglu Garrett, Mayor ATTEST: Loucnshia . Ellis, City Clerk -2- • • 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 -3- '. ORDINANCE NO. __ SERIES OF 2004 BY AUTHORITY 0 COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 12, CHAPTER 8, SECTION 12, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ALLOWING PROPERTY OWNERS TO "OPT- OUT" AFTER THE UTILITY DEPARTMENT HAS MADE CONCRETE REPAIRS ON THEIR PROPERTY. WHEREAS, when the Concrete Utility was adopted, a voluntary "opt-out" provision was included to ensure the program being created would function as a utility and not as a tax; and WHEREAS, concrete is in need of reconstructions at certain locations for entire frontages in some cases; and WHEREAS, to prevent property owners from abusing the Concrete Utility and jeopardizing the viability of this program, an additional provision needs to be added to the Concrete Utility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, THAT: Section I. Title 12, Chapter 8, Section 12, is hereby amended by adding a new Subsection F, to read a.~ follow;;: 12-8-12: Voluntary Non-Participation Provision F . Ownerfs} who choose to "opt-out'' after the UtiliJX has accomplished work adjacent to their property shall reimburse the Concrete Utility the actual cost of concrete repairs perfonned adjacent to the property, less all prcvjous utiljty fees paid, during the time that the propcny was part of the Concrete Utility . I . These repair costs shall be billed and collected in the same manner as fees pursuant to 12-8-10 Englewood Municipal Code. Section 2. Safety Clauses. The City Counci l 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 Counc il further determines that the Ordinance bears a rational relation to the proper legis lative object so ught to be obtained. ection 3 . Severability. If any clause, sentence, paragraph, or pan ofthis Ordinance or the applicauon thereof to any person o r circumstances shall for any reason be adjudged by a court of competent j uri sdiction inva lid. such Judgment shall not affect, impair or invalidate the remainder ofth1 s Ordinance o r us a pplicauon 10 other persons or c ircumstances. 109vi ' . .. .. • • Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 19111 day of July, 2004. Published as a Bill for an Ordinance on the 23"' day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No._, Series of 2004, on the 6th day of August, 2004. AITEST: Douglas Gllll'Ctt, 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 . Loucrishia A. Ellis • • ORDINANCE NO. SERIES OF 2004 BY AUTIIORITY 0 (]. COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLORADO STATE UNNERSITY (CSU) AND LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR TilE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT. WHEREAS, since 1982 the Littleton/Englewood Wastewater Treabnent Plant (LIE WWTP) and Colorado State University (CSU}, Department of Soil and Crop Sciences, have successfully conducted a continuous research program to observe the long-term effects of the application of biosolids for dryland wheat farming; and WHEREAS, the research bas provided long-term research data and a sound basis of knowledge of the biosolids produced by the UEWWTP and the environmental impacts of the product; and WHEREAS, the UEWWTP-CSU research project has been instrumental in establishing the basis for biosolids beneficial use for the growth of dryland wheat crops in the arid western states and in Australia; and WHEREAS, the long-term research demonstrates that 1he beneficial use of wastewater biosolids is an environmentally safe, economically beneficial and agriculturally sound practice for recycling and conserving a valuable resource; and WHEREAS, the research bas benefited not only farming communities of western states but also biosolids researchers, regulators, generators and other environmental professionals; and WHEREAS, in 1999 the UEWWTP and CSI received the U.S . EPA award for Outstanding Research Contributing to Beneficial Use of Wastewater Solids-First Place National; and WHEREAS, CSU bas submitted their proposal for the cooperative research project on land application of sewage biosolids on dryland wheat; and WHEREAS,.the 2005 study includes study sites at the· Beooett site, the Kiowa site and the Byers site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC OF THE CITY OF ENGLEWOO D, COLORADO, AS FOLLOWS : Section I. The Colorado State University Biosolids Research Proposal between the Colorado State University and the Littleton/Englewood Wastewater Treatment Plant is hereby accepted and approved by the City Council of the City of Englewood. Section 2 The Director of the Littleton/Englewood Wastewater Treatment Plant is authorized to execute the Colorado State University Biosolids Research Proposal for and on bebalf of the Littleton/Englewood Wastewater Treatment Plant' wn, ' ·' • • ~-The Director of the Littleton/Englewood Wastewater Treatment Plant is hereby authorized to further extend the Intergovernmental Agreement between Littleton/ Englewood Wastewater Treatment Plant and Colorado State University, Biosolids Research Proposal, for the cooperative research project on land application of sewage biosolids on dryland wheat for five additional one year periods. Introduced, read in full, and passed on first reading on the 19111 day of July, 2004. Published as a Bill for an Ordinance on the 23rd day of July 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinl'.nce No. __J Series of 2004, on the 6th day of August, 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 publisbed by title as Ordinance No. __J Sei;ies of 2004. Loucrisbia A. Ellis • • LAND APPLICATION OF SEW AGE BIOSOLIDS PROPOSAL FOR COOPERATIVE RESEARCH PROJECT BETWEEN COLORADO STATE UNIVERSITY AND I LITTLETON/ENGLEWOOD JOINT COUNCIL 2005 t • • 2 I. Land Application of Sewage Biosolids II. Personnel Project Leaders: K.A. Barbarick, Professor J.A. Ippolito, Special Assistant Professor III. Introduction We have studied the beneficial use of Littleton/Englewood (UE) biosolids since 1982 at West Bennett, since 1988 at Kiowa, since 1993 at North Bennett, &nd since 1999 at Byers. We lost one of the West Bennett sites to development and research at the Kiowa location is less critical now that the joint city councils have purchased the Byers property. We will present the proposed research and associated budget separately for all four locations and then present the total budget for our proposed research. IV. Bennett Study Sites A. West Bennett We established sites A and Bat West Bennett in 1982 and in 1983, respectively . Our cooperating farmer, Jim Hazlett has sold site B for homesite development. We will continue using West A since it represents the last of our original, long-term sites. Since we follow a fallow system for our dryland wheat study, we would use this site every other year. We will establish this site again in summer of2004 and will harvest the wheat in summer 2005. This site will remain in fallow from July 2003 until late July or early August 2004 when we will again apply LIE biosolids. B. North Bennett We initiated the North Bennett experimental location to replace the East Bennett plots that we los t in 1993 . Our former cooperating farmer at East Bennett. Kevin Helzer decided to grow irrigated cro ps on our study sites in 1993 . We also changed the experimental approach at North Bennett to focus on determining the N equiva!ency of L'E biosolids associated with repeated applic:itions in a dryland wheat summer-fallow agroecosystem. We will complete harvest soil , grain, :ind straw samp ling and analyses as we have in the past. We will :idd .-\g , Ba. and \fo to our plant :ind soil analyses ;ince C'SEP.-\ has added them as potential pollutants to the CFR503 regulations . To cover the extra costs, we ,,·ill only take one :innual rathe ~ four quarterly groundwater-well samples at the Kiowa research site. t .· ... . .. .· • • D. 3 C. Objectives for the Bennett study sites (West and North Bennett) The objectives of the Bennett, study are: 1. To determine the continuing effects, at West Bennett site A, of various sewage-biosolids rates on dryland wheat including grain yield, protein content, potential income and the N, P, K concentrations after one application ofliquid biosolids ( 1982) plus 11 additions of dried biosolids (1984, 1986, 1988, 1990, 1992, 1994, 1996, l998,2000,2002,2004)with the next scheduled biosolids application is in 2004. 2. To quantify the N equivalency of repeated biosolids application under field conditions compared with colllQllelCial N fertilizer at our North Bennett plots. 3. To study the long-term effects of L'E biosolids on soil accumulation and wheat uptake of Ag, Ba, Cd. Cr, Cu, Mn. Ni, Pb, l\i~o, and Zn. 4. To study the long-term effects ofL'E biosolids on As, Hg, and Se levels in soil and grain in the 0, 2, and 5 dry tons/acre plots for the North Bennett site and on the 0, 3, and 6 dry tons/acte plots for West Bennett site A. Samples will consist of a composite of all replications for each rate for grain analyses. This gives three grain samples each for both North and West Bennett. We also will composite separ:itely the 0-20 and 20-60-cm soil samples from the same plots as the grain samples. This will provide us a total of six soil samples to analyze for each site. S. To determine the :iccumulated NO;-N levels to a depth of 180 cm (6 feet) associated with repented application of various N fertilizer or sewage biosolids at our West Bennett site A and North Bennett plots. Bennett study sites budget (See T:able 1 on the next page). .•!' -· • t • B 4 Proposed budgets for the West and North Bennett sewage biosolids studies. Budget Item Soil and Grain Analyses for As , Hg, and Se 2004 (current budget) 432 Proposed Proposed 200S 2006 864 432 -~~r1~i~rtiS:-J~~1:s~sJ::1i6~i s.~1:_~'qpl~?t:', ~i Travel 1508 1911 1508 Special Assistant Professor+ 16440 19010 20151 ~~·~·-·":;"'"" .,_·H-:r;-,~~7.·.~~~-.:~~~.:.·:.-.: .... -; ·-4'.=-~ ... :-;:~ ;:'.'";i =,:-"t'!:.. . •• ~.-:~~ ~ .f'. '· Fffii'g""Bendits:ff · ,..~ · -' .,~x.r ;_; 1" ,-_.,.. 1788:;·.~ .. -, · 3821! ·; · '.:. 405<:l'" ~~~~~k~l:t 2~2t.1:·_;J~:.:~:~:~~;:~i~P-~-~~,~,~ Overhead1 S755 7151 7007 -:J otaJ.'2,~!-',;-?~l.,,·,fs;::_::-(?•{-F:±;,;'s-,..9244--~.l633'7:·tSJ5607 , Assumes 50% of the student hourly's effort on the Bennett and 50% effort on the Byers site . Assumes 6 months on the Bennett study and 6 months on the Byers study. We also assumed a 6% salary incre:ise for 2005 and 2006. We assumed that all other costs for 200S an d :006 will remain the same as either 2003 or 2004 (b -~•1se of fallow conditio ns, we wo uld harvest the West BeMett si te in :005 ar in :00 6). Fringe benefit rates for the Special Assistant Protessor we re :0 .0% for :?004 and estimated to be 20 .1 % for :?005 and :006. The current off-campus overhe:id charge is 24.5%. -~ .... , • • 5 V. Kiowa Study Site A. Introduction We will continue to take water samples from the four wells on an annual basis (in July). We will discontinue the quarterly sampling and analyses and use the savings to complete Ag, Ba, and Mn analyses on plant and soil samples taken from the Bennen and Byers study sites. Analyses will consist of total N, N01-N, 'NI-4-N, P, K, Ag, Al, As, Ba, Cd, Cu, Fe, Pb, Hg, Mn, Mo, Ni, Se, and Zn. We also will analyze the annual samples for endrin, lindane, methoxychlor, toxaphene, 2,4-0, and 2,4,5-T. The objective of this study is continued monitoring of groundwater in four wells for total N, N01-N, Nl4-N, P, K, Ag, Al. As, Ba, Cd, Cu, Fe, Pb, Hg, Mn, Mo , Ni, Se, Zn. endrin. lindane, methoxychlor, toxaphene, 2,+0, and 2,~,5-T following the discontinuation ofbiosolids application (last application was in August 1998). B. Table 2. Kiowa study site budgets (See Table 2 below) Proposed budgets for the Kiowa sewage biosolids study. Budget Item 2004 (current budget) T ot:il S6162 Proposed Proposed 2005 2006 100 100 ........ 461:--_,. 46[.- S:341 $2341 One-half month of salary was covered in 2004. We also asswncd a 6% salary incre:isc for 2005 and 2006. We assumed that :ill other costs for 2005 and 2006 will remain the same as 2004. Frimze benefit rates for the Special Assistant Professor were :0.0% for :004 and esti;ated to be 20 . l % for 2005 and 2006 Tne current otf-.::unpus overhe:id charge is 24.5%. ' .•' • • 6 IV . Oyer11 ~Hudy Site A, l11trod1111t1011 With the uevcloptttetlt of the L/15 Byers blo111Jlld~·api,llc1Ulort site, we are del/eluplti(l so 111e prttotlool. t1ever -done -bs(or11 research . Nu •tlll a1td mltilmum tlll1111 mat1111emettt 111 increruiiug In puptllnrlty 111 et1.sterrt t1lorado beoiiu!e It lmprbves water coni!lervatlun and illlows n1ore lntl!ttslve ctopplrtg , a1osolld1111pi;llc11tlon could etthllltce the beneftu otno•tlll or minimum llllalle by ltt1pro11tn11 soil uover rtnd solt pltyslclil obarncterlstlcs whert surface iipptletl. 8toaolldti couJJ. work In concert with ctup residues to nllow fattners to rrteet the Natuttl Rtsource 'onservalhHt 't1rvlct1 jO% $u ll cuv,r1111e re11uirt1J to comply With conservatfort pto1r11111s . lllosoild! nppll atlun could lnlllally supply soil cover uhtil ade4uat1 llrop resl<lu.i crtn ac tu11ulale . Co ntinued 111.hJltlons may eve11 ptuvltle prmluction 11t1d ecunomlc advanlllges . 1:cttt11crs ma y vetttually u11e blusollds !Ill lit\ lntearal put of a conservation pro1ram . to date 1 we hnve applied blus llds fot the (11ut1h•Yelir rot11tlun to pl tll growltty wheat, cottl, attd suntfowetll . IJ. ObJictlveli Our olJjecU il at the Byers site are : I. to d11h!rmlJ11t lfln1irensln1& blosolldt appllcatlort ft'unl onct ,v,ry two ye11ts lo two out of three years or (our 11ut of f1ve yturs I• a ftMlblt 111t1t1agemettt 11lterttallve . t\, Jetermlrte I ( bloeullds behave like crop re,ldlM!9 In terms uf mol11tute ~turrtge amt crop pruduc:tlott , A vallable -water stor111e attd cttip yleldi are th prup ttles of gn!otest Interest. t'u I tettnltte the fTocu uf biosollds uppll •1ttlon at the 1ronomh1 rate ·u mpoted with ct1mtT1etcl11I N fettlllter In three croppln.1 y tem~ n oil iu11.l 1Jrnl11 ·t.:urnulatlun f pl111u nutrient and trace eleme111s lltnlted by th \1 lur Jt1 D pattme111 r l'ubllc Health Wtd Envl rttttent losullda · Pl II ·ct tlm1 t yulntl 11s . • t .. • • r • C. Procedures Treatments: l. D 7 Three crop rotations: a. b. c. Wheat-fallow (typical rotation) Wheat-com-fallow Wheat-wheat-com-sunflowers-fallow (based on managing Fanner's interest) 2. Biosolids/fertilizer treatments: I a. Biosolids application to supply N recommended for the measured soil N03-N (e.g., the agronomic rate). b. Commercial N fertilizer at the agronomic rate. D. Experimental design We will use two blocks (replications) of each treatment arranged in a split-plot design. The main plots will consist of the cropping rotations. Each main plot will be split to accommodate biosolids application on halfthe ·plot and commercial fertilizer ilddition on the other half. All phases of each rotation will be present each year to allow assessment of all soil and crop responses each year. This requires a total of20 main plots and 40 split plots(:? replications, 10 cropping rotations, biosolids/fertilizer treatment splits). Each main plot will be O.S km (0.5 miles) long by 30 m (100 feet) wide. Each biosolids/fertilizer split would, therefore. be 15 m (50 feet) wide . E. Measurements We will complete the following measurements or analyses. I. ., 3. Annual grain and biomass yields. Complete records on farmer inputs . Plant-avllilable concentrations of~O;-N. P, K. Fe. ~ln. Cu, Zn. Na. Cd. Cr. Pb. Mo. Ni. Ba. Mn. and .-\gin soil before e:ich crop planting (detennined in 0-5. 5-10. 10-::0. and ::o-30 cm samples from each rcplic:ued plo1). ,. ' . ... .. • • 4. 5. 6. 7. 8 We will composite 0-5-cm soil samples for As, Hg, and Se analyses for each replication before each crop planting. This will give us 14 soil samples to analyze for As, Hg, and Se each year. Deep soff sampling before each crop planting by hydraulic probe for N03-N (determined 0-30, 30-60, 60-90, 90-120, 120-150, 150- 180 cm samples, if possible, from each replicated plot). Concentrations of P, K, Fe, Mn. Cu, Zn. Na, Cd, Cr, Pb, Mo, Ni, Ba, Mn. and Ag in grain sampled from each replicated plot For annual As, Hg, and Se grain analyses, we will composite grain samples for each biosolids or N fertilizer replication for each type of crop. This scheme will provide us with eight wheat, four com. and two sunflower samples for As, Hg, and Se analyses each year. F. Dyen study site budgets (See Table 3 on the next page.) .. • • 9 Table 3. Proposed budgets for the Byers sewage biosolids study . • Budget Item 2004 Proposed Proposed (current budget) 2005 2006 .. Assumes 50% of effort on the Bennett and 50% effort on the Byers site . Six months of salary covered in 2004, 2005 , and 2006. We also assumed a 6% salary incn!!sse for '.!005 and 2006. We assumed that all other costs for 2005 and 2006 will remain the same as 2004. Fringe benefit rates for the Special Assistant Professor were 20.0o/o for 2004 and estimated to be 20. l % for 2005 and 2006. The current off-campus overhead charge is 14.5%. •• .. • • 0 10 VII. Total Budgets We have tabulated the total budgets by location (Table 4) and by budget category (Table 5) for 2004 through 2006 . Table 4 . Total budgets by location for 2004-2006 . Location 2004 (current) Proposed 2005 Proposed 2006 ~iti&~t{j .:-·:>·~~ ~ ;_'.-~: .'-; ·2_92 ~fi:.:'.?-t~. ··.;~j-3~7:~·:-·/\(;?15697 Kiowa 6162 2341 2341 Total S731 55 $78851 $79828 Table 5. Total budgets by budget categories for 2004-2006. Budget Item 2004 (current budget) Proposed 2005 Proposed 2 006 -~rs~ i-738''·~-. ·7021 -· .·· 6038.. ~· ......... ..i.. ~ ·-· .• • d Perso nnel Special Assis tant Professor Fri nge benefits Hour ly student ~~ pl~t_se~._ weather station maintenance Travel 6~--..... T o ra! The c!.lrre nt ff-c:unpus O\'e rhead ~h arge is :.1 .5 °10. 35869 717 4 1200 • 2970 • ... _ . --- 580 8 380 20 764 2 1200 35 40 5911 [4-396 • 15 5 17 S73155 S788 5l 40302 8101 L:!00 29-70 ....,. ., 550 8 15709 S79 8:8 t • • ORDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO . 43 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND JUDITH A. HARRIS TO MAINTAIN A PORTION OF THE CITY DITCH ADJACENT TO 3596 S. BANNOCK STREET. WHEREAS, Judith A. Harris submitted a License Agreement to maintain the City's easement along the City Ditch adjacent to her property at 3596 S. Bannock Street; and WHEREAS, Judith A. Harris desires to install a gate across the City Ditch, which is an enclosed drainage way in this area; and WHEREAS, the City will maintain the use of its easement with the right to install, repair, remove or relocate the City Ditc.h at any time deemed necessary; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval by Ordinance of the License Agreement to maintain that portion of City Ditch at their July 13, 2004 meeting . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council for the City of Englewood, Colorado, hereby approves the License Agreement between the City of Englewood and Judith A. Harris to maintain a portion of the City Ditch adjacent to 3596 S. Bannock Street. Section 2. The Chairman of the Englewood Water and Sewer Board and Director of Utilities are hereby authorized to sign said License Agreement and Director of Utilities to approve the same. Introduced, read in full, and passed on first reading on the 19th day of July 2004 . Published as a Bill for an Ordinance on the 23rd day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No._, Series of 2004, on the 6th day of August, 2004 . ~ Douglas Garrett, Mayor TIEST: Lou nshia A . Elli s. City Clerk · tOlhiii t • • 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 ·• • CITY DITCH CROSSING LICENSE AGREEMENT 0 0 THIS LICENSE AGREEMENT, made and entered into as of the .L!t.1iday of , U/Mt: . 200f, by and between the CITY OF ENGLEWOOD , a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and Judith A. Harris, hereinafter referred to as "Licensee"; WITNESSETH The City, without any warranty of its tide or interest whatsoever, hereby authorizes Licensee to maintain a parcel ofland in the City's rights-of-way for the City Ditch . A parcel of and siruate in the Northwest Quaner of Section 3, Township 5 South, Range 68 West of the 6th P.M ., County of Arapahoe, State of Colorado , and lying within the following described lines : That portion of the City Ditch right-of-way beginning at the east right-of-way line of South Bannock Street and extending northeasterly to a line perpendicular to the center line of the City Ditch and eight feet (8') southwest ofa manhole located nineteen feet ( 19 ') south east of the northeast comer of Lot 28 , Block 6, Skerritt's Third Filing . I . In granting this License , the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the City and the City retains all right to operate. maintain. install. repair, remove or relocate any of its facilities located within the City 's property at an y time and in such a manner as it deems necessary or convenient. In the event Licensee 's installations should interfere with the City 's use or operation of its property , at any time hereafter. Licensee shall , upon request by the City and at Licensee 's sole expense, immediately relocate . rearrange or remove its installation so as not 10 interfere with any such City use and to remove the installation of Licensee when necessary or convenient for the City , its successors or assigns . 2, The Ci ty shall ha ve the right to maintain , install, repair, remove or relocate the City Ditch or an y o ther o f its fac ilit ies or installations within the City's rights-of-way, at an y time and in such manner as the City deems neces sary or convenient. The City reserves the exclusive right to contro l all easement s and installatio ns . 3. The rights and pnvileges granted in thi s License shall be subj ect to prio r agreements. licenses and/or grants, reco rded or unrec orded. and it shall be the Lic ensee 's so le res po nsi bility to determi ne the exis tence of said documents or conflicting uses or install ations. -+. The Licensee shall have the rig ht to maintain the ilbove desc ribed parcel. including, but not li m ited 10. plantin g an d trimming gras s an d/or bushes . ferttlization and irri gation and remo val o r'rrash an d brus h. 5. Access 10 the parcel by City personne l must be mai nta ined by Li censee ior mspccuon and maintenance. ' .... .• • • • 6. No consauction shall be :illowcd on this parcel without express written permission from the City . 7. Upon abandonment of any ript or privile1e herein panted, tbc ript ofl.icemce to tbat extent shall tmninale, but its obliption to iDdemaify and save harmless tbc City, ill officers and employees, shall not terminate in my evenL 8. The rights granted Licensee bcmmdcr may not be assiped witboul the wriucn consent of the City. 9. Licensee shall comply with all applicable laws and ordinances and all rules, rqulations and requimncnts of any enviroamelllal standards and coaditioas of tbc premises. U: as a result of Licensee's occupancy oftbc pnmiles 111d ill operllioa bcmmder, any such law, ordinance, rule or reau)atioa is violaled, Licensee sball proccct. save bannless, defend and indemnify City from and apinst any penalties. fines, COllS and expema. includiq lepl fees and coun costs incurred by City, caused by, resultin1 from. or coanected wilh such violation or violations. In panliDa tbc above 311thorizalion. City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant ad yS1em UDder coaaol of City . IN WITNESS WHEREOF this instrument bas been executed as of the day and year first above wnnen. Steward Fonda CTTY OF ENGLEWOOD, COLORADO Actiq tbroup and by it Wuer and Sewer Board .,~ LICENSEE : ~<a~ A. Harris • t .. • • Englewood Cily Ditch lSouth Bannock Street) Jc!Tcrson Ave . --·-----· ·-- ....... -------T __ I._. _,...,.,l. ..... " ...... 0 1:400 • ...,..., '"""ty r.wu.11 ......... • ' • • OllDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND GREGORY ALLEN PICKETT TO CONSTRUCT A FENCE OVER THE CITY DITCH ADJACENT TO 3001 S. PEARL STREET, ENGLEWOOD, COLORADO. . WHEREAS, Gregory Allen Pickett submitted a License Agreement to construct a fence on the City's casement along the City Ditch adjacent to his property at 3001 S. Pearl Street; and WHEREAS, Gregory Allen Pickett desires to install a gate across the City Ditch, which is an oopen drainage way in this area; and I WHEREAS, the City will maintain the use of its easement with the right to install, repair, remove or relocate the City Ditch at any time deemed necessary; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval by Ordinance of the License Agreement to maintain that portion of City Ditch at their July 13, 2004 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. The City Council for the City of Englewood, Colorado, hereby approves the License Agreement between the City of Englewood and Gregory Allen Pickett to constnact a fence on a portion of the City Ditch adjacent to 300 l S. Pearl Street. Section 2 . The Chairman of the Englewood Water and Sewer Board is authorized IO sip said License Agreement and Director of Utilities to approve the same. Introduced, read in full, and passed on first reading on the 19th day of July 2004. Publi,shed as a Bill for an Ordinance on the 23rd day of July, 2004. Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No._, Series of 2004, on the 6th day of Aupll, 2004. Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk t .. .. I, Loucrishia A. Ellis, City Cleric 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 COY DITCH FENCE CROSSING LICENSE AGREEMENT THIS AGREEMENT, made and entered into as oftbis 13+-day of .).,i\, . 200_, by and between the CITY OF ENGLEWOOD, a municipal ~on of the Swe of Colorado, herein referred to as "Englewood", and(if"O At.liti d:1a:t.tt ...---,-"""T"> ....... ......,,..-.....--,...--:=-r---'' owner of-"J'----------,--...-- ~rttl i~~U -}!!-11:fZ~ ~ ~Col~rado,whose~is&i5/ s ihd , __ t, ___ el~Q1 Cl) $Q II~ herem referred to as "Licensee". I ) WHEREAS, Englewood, without any warraniy of its title or interest wbaisoever, hereby approves a fCllce that is planned for construction over the City's right-of-way for the City Ditch, described on attached Exhibit A, consisting of __ page(s), and made a pan hereof by reference [Licensee to provide Exhibit A drawing], under the followina terms and conditions: I. 2. Englewood shall have the ri&ht to maintain, install, repair, remove or relocate the City ditch or any other of its facilities or installations within Englewood's rigbt- of-way at any time and in such manner as the City deems necessary or convenient . Englewood reserves the exclusive right to control all easements nnd installations. In the event the fence should interfere with any future use of Englewood's right-of-way by the City, Licensee shall. upon request and at its sole expense, relocate, rearrange, or remove its fence so as not to interfere with any such use . Any repair or replacement of any Englewood installations made necessary, in the opinion of Englewood's Director of Utilities because of the construction of the fence or other appurtenant installation thereof. shall be made at the sole expense of Licensee. 3. The ri&hts and privileges granted in this License .shall be subject to prior agreements , licenses nnd/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to dctcnnine the cxistcnee of said documents or · conflicting uses or installations . 4. Licensee assumes all responsibility of maintenance of the fence . S. It is expressly agreed that in case of Licensee 's breach of the within promises , Englewood may , at its option, have specific performance thereof, or sue for damages resulting from such breach. 6. 7. Upon abandonment of any ri&ht or privilege herein granted, the ri&ht of Liccnscc to that extent shall terminate . In grantina the above authorization, EnaJewood reserves the ript to make full use of the property involved as may be necessary or convenient in the operation of the water and irriaation ditch and sySlelll under the control of tbc City . • • IN WITNESS WHEREOF, this inslrumat ha been CIXOCUlmd a oftbe day 111d year &st above written. LICENSOR CITY OF ENGLEWOOD APPROVED: By~ StewanF~ CITY OF ENGLEWOOD acting through and by its Water and Sewer Board ByW{4£ Chairman l ti) r"'\ e.. (.> J -· I ;. J II .. -~..:. -'o:> ., 0 ~ 2- ~ ~ (' (' ' .. ' ' . . . -'~ -- ' ,._ ·::---:::--.---,. 39' • • t .. - ., ,·· v , I ,,, n ( "' l'II . ll'l'I J.,1,l.1111! I a ,1 - ., ' .. \, _, . ,. ~ ,_ .. . ~· u~~ .. . ~ '·."· '; ; . . .-•,'' 'r -o1 .. ' . .. \'irw ofcrment wall or Soutlme t ornrr oflot loo~ing l\onhl':J r • \1"'"•·, t'l"\ ·, ll 11c<l',111 h.•r( 'I'll ORDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO . 46 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING OF AN AGREEMENT BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD FOR AN ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT REQUIRING FUTURE DEDICATION OF RIGHT-OF-WAY BY THE CITY FOR THE CITY DITCH RECIRCULATION SYSTEM. WHEREAS, the Cities of Englewood and Denver entered into an Agreement in 1995 for Englewood to deliver water in the City Ditch; and WHEREAS, the City and County of Denver submitted a City Ditch/Highline Canal Agreement to continue flows in a portion of the City Ditch south from Harvard Gulch that would allow continued conveyance of water to locations on the City Ditch; and WHEREAS, in 2002, Denver Water Department decided not to continue operating the City Ditch north of 1-25 once the TREX Project severed it so Englewood would no longer be delivering water to Denver for use north of Harvard Gulch so Denver and Englewood have agreed to change the 1995 Agreement; and WHEREAS, a recirculation system for the open section of City Ditch between 350 E. Cornell Ave. and 2750 S . Clarkson Street was designed to allow recirculation of water through the ditch to create the effect similar to past flows utilizing three dams and the V2 cfs of water with an 18 hp/3 phase submersible pump; and WHEREAS, the Electric Distribution Facilities Extension Agreement with Xcel Energy is for installation of the submersible pump, transformer, and other necessary appunenances, including any n,ecessary easement over the City Ditch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC[L OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The agreement between Xcel Energy and the City of Englewood for an Electric Distribution Facilities Extension Agreement for City Ditch Recirculation System is hereby approved . Section 2. The Mayor and City Clerk are hereby authorized to sign and anest said Agreement for and on behalf of th~ City of Englewood, Colorado. Section 3 . The Director of Utilities is authorized to negotiate and sign the rights-of-way referenced in this Agreement. lntroduced. read in full. und adopted on first reading on the t 9'*' day of July, 2004. Published as a Bill for an Ordinance on the :z3n1 day of July, 2004. IObx. t . .. .... • • Read by title and passed on final reading on the 2nd day of August, 2004. Published by title as Ordinance No._, Series of 2004, on the 6th day of August, 2004. AITEST: 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 • • • FOR.\1 (1-1) 320-1 0-37-H ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT EXT. N0.9084.Z THIS AGREEMENT, made this 19dayofJUNE2004, by and betwttn PUBLIC SERVICE COMPANY OP COLORADO, a Colorado Corporation, d/b/a XCEL ENERGY, hereinafter referred to u "Company• d/b/., CITY OF ENGLEWOOD WASTE WAT.ER. A MUNICJPAUTY, Hmi,u(Mreferred to as "Applicant", WITNESSETH: WHEREAS, Company is a public utility supplying clccttic energy and decttic service to nrious areas in rhc Stan: of Colorado, and WHEREAS, Applicant bas requested Company to construct and install the necessary clccttic diltlibution facilities to provide Permanent scmcc to serve 2770 SO(f[H a.ARKSON A VE. lo City and County of ENG.l..EWOOD/ ARAPAHOE and the State of Color.ado. WHEREAS, Company's Service Connection and Distribution Linc Extension Policy n:quitts a Constructioo Payment for the j ., 1tallation of said facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises herein cootaincd. it is mutually agreed u follow.: I) Company :agttts to construct with reasonable promptness, the distribution facilities for which rhc Applicant bas made the Constructioo Payment, (excluding service later.als), and to notify Applicant when construction is completed and service is available (the E.xtcnsion Completion Dan:). Z) :\pplicant :agttts, upon c.,ecution of this .\grccmcnt, to pay :o Company the Construction Payment in the amount of $25,138.()() 3) (a) Said Construction Payment may be refundable to _\pplicant in put or in its entirety during a ten (10) year period commencing with the Extension Completion Date .• \ny possible refunds will be made in accordance with the terms and conditions of the Company's Service Connection and Distribution Linc Extension Policy. This policy is on file with the Public Utilities Commission of the Sme of Colorado and is available for inspection. In no event will any n:fund exceed the Construction Payment nor will any refund be made after ten (10) years &om the Extension Completion Date, as dctcnnincd from the Company's records. (b) In the aln:rnativc, the Applicant can directly pass through to purchasers of Applicanc's property covered by this e.'C tcnsion anv costs associated with the extension. ·(c) A_eplicant elects between 3 (a) and 3 (b) above as follows : [J __ t ) Company sball collect participation charges caused by connections to the extension covered by this _\grccmcnt and refund those amounts to Applicant pursuant to 3 (a) herein. 0 __ 2) Company shall not collcct participation charges caused by connections to the extension covered by this .\grccment. Applicant hereby rcprcscnts that costs associated with this extension shall be collccn:d diRctly by Applicant punusnt to 3 (b) above. -1) ::slothing in this .\grccment shall be construed to waive the right of refund. if any, which may accrue as a tault of excess construction allowance associsted with distribution and / or scmce lat~ral inswlarion» punuant to rhc Rules and R,:gularions currcndy on file with the Public Ualitics Commisston of the Stan: of Colorado. 5) Applicant :agrees to execute rhc Company'• 6) scandard right-of-way ogrcancnts granting free of charge to Company, such rights-of-way from Olbcr parties as may be rcqwrcd, and rccogruzcs this .-\gu cmcnt is contmgent upon Company obrainang any other tiglus-of-wa~ from other ponies if rcqwrcd. 6) In the .-·ent Applicant should rcquirc -.ddirional clcctric distribution faalirics other than tbcMC for which the Construction P>rmcnt has been rmdc bcrcundct, such faciliacs shall be proVICled by scpar:an: agieancnts. IT IS MUTUALLY AGREED that the appliution and ian:rprctation of this --\grccment. ancluding the de6aitioos of n:nm used herem, shall be 111 accordance wttb Company's Electric Serv,cc Rule s and Rqiulanons, including C-.ompaay'a Serricc Connectioa and Disrobunon I.me ExtenS1on Polic\-, on 61c an d 111 e ffect from rime to IJl1lC with the Public Utilities CODIIIUSSIOD of the Stan: o f Colorado .lJld that .ud Rule s and Rcgulanon·, consntute a part of tlus .-\gtttmcnt and llrc binding on the puues bcttto. IN WITNESS WHEREOF. the parncs hereto have executed tlus _-\grcemcnt the day and year 6nt above writtcD- P Bl.JC SER VICE C OMPANY O F COLORADO NAME /Fl RM APPLICANT -'-'X~cdcc...::EIN::;c.;.~'J""'-'pnip,;;..::..;~·=-&;c_La_-_WJ11_1 ______ ~&y Stewart Fonda, Utiliti ~s Director City of Englewood Colorado CREG ot De 1p E-.'6JIJJ!I WORKOROER # (TYl'E OR PRINT NAME AND Tl1'1.E OF S/GNE/l) MAILING ADDRESS C/TYOF ENGLEJrOOD -1"A1ER t .. • • • V __ .-A . ., ... ---- , .. -m o ~ '~ _,_ / ,/ , . t(.. ~ ........... .,.IPil 1} l~ . ~ N+ , ~~. .. 4 _ ·' \, . . ~l 1~ ___ _, .. ,.. ~~'-----------Q,------------------ u ~-! I ===~-. I "- I I I ' I ' I -I I I t . u., I -~ 21,, .. • J"lll E YALE AVE .. • MIi 1\ I l)IO ' ~n~ a:-.-- JJ• ff .. IJ " . _.;--- ·"~ / ·~ • ORDIIIA.NCB NO. SERIES OF 2004 BY AUTHORITY COUNCIL BLL NO. 47 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LI1TLETON, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, PERTAINING TO THE "THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LI1TLETON AND ENGLEWOOD COLORADO, FOR JOINT WASTEWATER TREATMENT FACILITIES ." WHEREAS, the City of Englewood and the City of Littleton are joint owners of the Joint-Use Wastewater Treatment Plant, each owning and entitled to fifty percent {SO"At) of its operating capacity; and WHEREAS, by agreements dated July 2, 1973 and December 6, 1982 {amended May 7, 1984), the City of Englewood agreed to sell a one-half interest in the Bi-City Treatment Plant; and WHEREAS, the Joint Use Agreement anticipated application for grants and other types of funds available to the facility for the benefit of both the City of Englewood and the City of Littleton; and WHEREAS, the Cities desire to cluify the use of such grant money and the participation of the Cities in the process, including matching funds and other application requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby IUlbomes the Intergovernmental Agreement entitled "Third Amendment to Aareement Between The Cities Of Littleton And Englewood, Colorado, For Joint Wastewater Tralmcnt Facilities" between the City of Littleton and the City of Englewood, a copy of which is marked • M&Ju'bit A" and attached hereto . Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 19• day of July , 2004 . Published as a Bill for an Ordinance on the 23N day of July, 2004 . Read by titl e and passed on final reading on the 2nd day of August, 2004 . ' .. ,. Published by title as Ordinance No.__, Series of 2004, on the 6th day of August, 2004. ATIEST: Loucrishia A . Ellis, City Clerk I \,uglu Garrett, Mayor 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 publilbed by title as Ordinance No.__, Series of 2004. Loucrishia A. Ellis 0 CJ THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD, COLORADO, FOR JOINT-USE WASTEWATER TREATMENT FACILITIES AGREEMENT made this __ day of 2004, by and between the CITY COUNCIL of the CITY OF LfITLETON, COLORADO ("Littleton''), acting as the governing body of the CITY OF LITTLETON, COLORADO SEWER UTILITY ENTERPRISE (the "Littleton Enterprise''), and the CITY COUNCil. of the CITY OF ENGLEWOOD, COLORADO ("Englewood''), acting as the governing bOdy of the ENGLEWOOD SEWER UTILITY ENTERPRISE, (the "Englewood Enterprise''). WHEREAS, on the 6th day of December, 1982, Littleton and Englewood (hereinafter collectively referred to as the "Cities'') entered into an agreement (the Agreement) for ownership and operation of the Joint-Use and Bi-City Wastewater Treatment Plant; and WHEREAS, on the 7th day of May, 1984, the Cities executed a First Amendment to the Agreement; and WHEREAS, on the __ day of ___ , 200 _, the Cities executed a Second Amendment to the Agreement; and WHEREAS, the Littleton Enterprise and the Englewood Enterprise (collectively referred to as the "Enterprises'') were created as provided for by Article X. Section 20 of the Colorado Constitution in order to own. operate and manage their respective sewer systems and to own, operate and manage the Bi-City Wastewater Treatment plant I NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants hereinafter recited, the parties agree : l . The Cities by and through their respective Enterprises, agree to apply for and accept federal government grants that may be available to fund eligible capital and/or operation and maintenance (O&M) expenses . Any grant funds received shall be apportioned to each city sewer fund account in the same proportion already established in the Agreement for either capital or O&M charges, based upon the purpose of the grant Any expenses, including additional legal and permit fees, required to obtain said grants shall be paid for in the same proportion already established in the Agreement related to the allocation of capital or O&M expenses , based upon the purpose of the grant 2. 3 . Suc h grants may require certain grant conditions to be met, including but not limited to, expenditure of local matching sewer funds . It will be the obligation of eac h City or its Enterprise to comply in good faith with all grant conditions, inc ludin g but not limited to , expenditure ot the required local matching funds . This agreement shall be considered as an additi on to the agreement between the I , I ~ 1 ..... .. ' • • ..... ' ! Cities dated December 6, 1982, regarding ownership and operation of the Joint- Use Wastewater Treatment Plant and, except as provided herein, said Dccembec 6, 1982 agreement, together with the First and Second Amendments thereto, shall remain in full force and effect. 4. This agreement shall be recorded in the real estate records of the County of Arapahoe, State of Colorado, upon execution by both parties. A1TEST: CITY OF ENGLEWOOD, acting by and through its ENGLEWOOD SEWER UTILITY ENTERPRISE By City Clerk Mayor A1TEST: CITY OF Ll'ITLETON. acting by and through its CITY OF Inn.ETON COLORADO SEWER UTILITY ENTERPRISE By City Clerk Mayor Approved as to Fonn: City Attorney .• COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 2, 2004 lOcl Award mntrac:lfolr~of Recrealion Center pool Initiated By: Staff Source: Parks and Recreation Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Recreation Center Pool requires resurfacing every eight years (approximate life) Council last approved resurfacing the Recreation Center pool in 1992. RECOMMENDED ACTION Staff recommends that Council approve by motion the contract wilh AU. 2-IIOIIJ a Spa el Arvada, Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A to Z Pools & Spas was the sole bidder of three firms who were eligible. A toZ Pools was the only contractor to be able to meet the required schedule for construction dictated by the Rec Center annual maintenance shut down schedule. FINANCIAL IMPACT The contract price · f45.l~..2S. Diamond Brite finish has been chosen over regular plaster. Diamond Brite is a superior surface with a much longer life expectancy (15 years). Diamond Brite was used in the Pirates Cove Lagoon. Funds for this project were approved in the Conservation Trust Fund Budget for 2004. LIST OF ATTACHMENTS Bid Tabulation Sheet Bid Proposal Contract ' .. • • ·.•., City of Englewood Bid Tabulation Sheet Bid Opening Date: July 15, 200410:00 a.m. Bid Item: Recreation Center Pool Resurfacing Vendor Bid Bond Pool RNurfaclng A to Z Pools & Spas, Inc. 303-430-1173 YN PNrt Brtta WIie 15532 W 11th Dr with bond Arvada, CO 80007 A to Z Pools & Spas, Inc. . 303-430-1173 YN Diamond Brtta 15532 W 11th Dr with bond Arvada, co 80007 C......,Ctype Alpine Pools 303-6'2-7865 NOBID 29956 Butte Dr Golden, Co B0403 ,. Hulm Construction CO 303-IU1-4700 NOBID 11m Proo,... ,_.n• Pmer, Co 8013' • • . .. · ........ · ... , 'J .. 1 •.· \, .. • ' Total Price &ceptlons: S.propoaal I 32,112.IO $Ill.II has bNn added to total I 33,HUI bltle~bond 0 ~ If nol rlNded S.Df-.1 l s 41,711.21 $1,JnM has bNn added 1o total I 47,114.70 far ... ....,.__ bond deduct If nol rlNded • BIO PROPOSAL AacnllllcNI c.. Pool Alaurfaclng ITEM EST. & CESCBIPTJON Qr!. 1. Pool Reswfacing 1 TOTAL BIO Dam d dllvery: At fPICllld ALL MATERIAL F.o.a CITY OF ENGLEWOOD 1155 W Oxbd Ave. Eugle.TJOOd, CO 80110 PRICE ~ $15,7&1 15 INVOICING TERMS /a,~ UflOO tamp;&; dY\._ PRICE QUOTE FIRM FOR eo DAYS. 0 . BIO fBK& $L/o7&/,.JS , -rz/5911£9' EXCEPTIONS: 71? 1 -:; Q Cl CE /,·s Yo tJ!ct Ster S'l o(m,-n1a&t.. ,t?~u( U)(.1-tJ fh 1 W.9tY'1{ (Z,_ it ar1r10r70 6/'c:ll? ord£l,f'Cl.'t aLI (;1um,,,,1~1i peal Tt/L. 74s/O'! ... .. ; . • t • ·• • • 0 . I I \ l-~ \---. (,_] CONTRACT CrTY OF ENGLEWOOD, COLORADO THIS CONTRACT and 81J1181T181lt, mat a,d ...-.d lnlD this~ d 4* I 2004 by a,d betwNn the City d Er,glNood. • ~ corpolalbi, d the Slalle of Coaado here aftar refemld to as the "City", and A 1i , 7 r-'.: , .1 > ;). SB} s....:r......:... , here aflllr nnnad to as the "Co11trac:tor•. Sealed papll 1111 were recatvied for 1umilhing all labor, tDols, supples equipment. mall8rials and everytt,g rw n n y and requiad for the following: PROJECT: Racraallon Center Pool Resurfacing WHEREAS. pope•• pu,iun to said 8CMl1iNrnn twve been naived by the Partcs & Ream• or Aulhorizad R...-illllll.e will a recomrneiidalllo,i 1t111t a can1ract for ~¢,1 be -..dad to .. above rwnecl Col.a.tor who -.. lowest and 191P01ilitlle bidder~ a,d ~~ ,.~s-(1 ~~ S::.,..1...3%) ~ ~ to 'flia NWiiiiMldlillon .. Cornet ha been -..dad to 118 Coi ...... 111 ... actol~~by 118 Partcs & R8Cl9llliDn Olrecllor or Aulhorlzad R..-i!aM..e and 1111d Col mdDI la now wllng and able to perform al d 118 work i"I 8CICIDHilliC9 wilt. .. acMr1llernent and his proposal NOW THEREFORE. in c:onaiderallon d .. compeiilallcll I ID be paid .. Coi llrador, and nuual agrNf1'l8I ilS w, ,tai .ed in this ccntract. .. .,.... agrw to .. folowli,g: A. CqUd Doca1JwJ11: It la agrw1 by 118 palN _. ._ 118 t'oloM'lg 1st d inllnnenla. drawll iga and dom'*1la wt*=h .. llllached or inc:orporaad by , .. a c::ionaa. and 11111 be...._ to.._• the Connet Ooc:unWIII or 118 Connet......., .. .,.._ and fwy aa • Uy a part dta 11g1 .... 11a ,..,_ 111tcu"9lballin and in ful. PRlposal Conlrac:t (1h11 inlNIWII) Pccrn•a ~llMlil••a Bond Special Prowliol • lnllnnce Gawal Dwa'*"1 & Specllcalo,• 8 . Scxg o( Wqtc The eo.•acto1 agrw to and 11111 bnlltt al labor, tooll, • .,._., ~ iilllllrllll and~ ne I y for and required ID do, perform and w,..-. al .. work deecrl)ed. diwn, lllt rat,, lhcMr'I and lncbild in lllid Connct Doculw,la. C. TIODI o( Pwfqm•g: The Coiillactol agiw to 1.1...._ .. PMbn•a d .. work lntlrtlil Connctwll*' '*tr (3D) days tan being nollled to WIIIIMD work by .. Plrb & Rmalol, Olreca and agiw to Uy c:ca,..,._ lllid work wllli\ 7 < SUuL ) cam days tran tw «-. d lllid no1ce. pu lUdl 11 •· or ........ d*-. ~ be granlld by .. PWlla & Am.ao., Olreca in acC1D1dlla wll'i .. PftMlb• d .. Garw.i Coidloim. ' .. • • .. ·• • • 8 0 D. Terms of Payment The City agrees to pay the Contractor for the performance of all the wor1< required under this contract, and the contractor agrees to accept as his fuH 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. 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, for any purpose. 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 induding 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 sole negligence of the City's officers, agents and employees. · F. Termination of Award for Convenjence: 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 of such termination, 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 shaU, 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 that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the tolal services/materials the successful firm covered by the award, less payments cl compensation previously made. If the award is terminated due to the fault of the successful firm, the clause relating to termination of the award for cause shall apply. G. Termination of Award for Cause: If, through any cause. the succ:essful firm shall fail to fulfill in a timely and proper mamer its obligations or if the successful firm shall violate any of the covenants, agreements or stipulations of the award, the City shall have the right to llrmi• the award by giving written notice to the successful firm cl such llrmi l8liall and specifying the effective date of termination . In that event. a1· furnished or unfinished services, at the option cl the City, become its property. and the successful firm shall be entitled lo receive just. equitable compensation for any satisfactory wor1< docunents, prepared completed or materials as furnished. Notwithstanding the above, the succesaful firm shall not be relieved cl the liability to the City for damages sustained by the City by virtue of breach cl the award by the suc:ceuful ftrm, and the City may wilhhold any payments to the successful firm for the pwpoee of set off unlll such lime • the exact amount of damages due the Clly from the alCaSlful firm is dHlrTmed. ' ... .. • • H. WWW • C .... Ania,-bwl lllpQ.._ llr .. PftlJld. ----. ... ._.. ... iidlnllllAgiir n ••e .. --.y,1n ...... notn11ermc111i1n11-ar.,a."-.. ... "rta a~ bf .. IOI•·•• body er -allli Ill r.. 5 F* llr-, -In IIIJ l'allra.a,e ......... llr .,... ..................... .._. ..._ er .... aapt • e .._ par1arw ti ,. ,._,_. er alW -b' .,... lnll ,_ ....., ,._ .,...., I II or -GIia 111 • 5 F• The Cir ""7 naS I )j naa-, ca•a:u er II tllUCh occu.wa 1n ...... ti 1uct1 lliii.lllaiL IN \\1TN:88 YA EREIOF, ~ ..... ,-caad 1111 cannct ID be..-PIIUiilZy or bflacMy....._.._.er1g11111......_ 1'1111 Carnet ii_._ In_ CIUilaplrla. CITY OF ENGlEWOoo By: ~i'iiiiaiiiiiiiiiii5iiaii~-Palca & Rm, I 11 DINcb' O'~---.. ATTEST: t .. • • -- COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 2, 2004 11 a i Agreement for Englewood Shuttle CMAQ Funding Initiated By: Staff Source: Community Development Department Lauri Dannemiller, Community Development Manager "• PREVIOUS COUNCIL ACTION In November 2002, Council approved application to the Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality (CMAQ) funds for operation of a Circulator Shuttle. In November 2003, the DRCOG and the Regional Transportation District (RTD) approved the 2004 CMAQ and Surface Transportation Program (STP) Metro funds to be transferred from the Federal Highway Administration to the Federal Transit Administration for use by RTD as specified in the DRCOG 2003-2008 Transportation Improvement Program. Due to federal funding constraints on CMAQ funds, notice of release of this funding was not confirmed until early 2004. RECOMMENDED ACTION Staff recommends that City Council adopt a bill for an ordinance approving an agreement between the RTD and the City for operation of the Englewood Shuttle as detailed in the attached agreement. The approval provides for $662,278 in CMAQ funding over three years (2004-2006), for Englewood Circulator Shuttle Project #2003-093. Remaining expenses will be shared by the City and RTD . BACKGROUND AND ANALYSIS Planning and feasibility studies for the Circulator Shuttle have been underway since early 1999. Following two studies indicating appropriate demand for a circulator shuttle, funding for the project was initiated with DRCOG through their CMAQ federal funds. Notice of the award initiated an implementation plan which has been underway, in coordination with RTD , for over twelve months. Receiving 80% of the project costs from CMAQ requires a 20% local match . In this project, monthly invoices will be submitted for reimbursement to RTD up to 90% of the ,. ' .· • • budget costs, (80% CMAQ/10% RTD) with the balance of expenses provided by the City. Year #1 estimated costs are $282,176. Although the agreement does not create any multiple fiscal year obligations for either party, it is assumed, providing federal funds are available, that this contract will be renewed on an annual basis with RTD for two additional years . Shuttle operations will begin September 7, 2004. Two brand new Eldorado National shuttle buses, 16 passenger capacity (2 wheelchair tie-downs), will circulate throughout CityCenter Englewood, downtown Englewood, and the Swedish/Craig/Meridian Complex from 6:30 am through 6:30 pm. Monday through Friday, except major holidays. Both the operation of the shuttle and vehicles will be supplied by Laidlaw Transit Services Inc ., as detailed in a contract presented to Council on August 2, 2004, following approval of this funding . FINANCIAL IMPACT Financial impact to the City is projected to be approximately $28,217 in Year #1 (Sept 2004-Aug 2005). Projected future costs are $27,213 in Year #2 (Sept 2005-Aug 2006), and $276,177 in Year #3 (Sept 2006-August 2007). The Community Development Department has budgeted for these costs in 2004 and will request future funding to cover these costs. ATTACHMENTS Resolution Agreement for Englewood Shuttle CMAQ Funding ' .. .. ; .. • • - ORDINANCE NO. SERIES OF 2004 ·• • BY AUTHORITY A 1111.L ffilt 08\JNCLIIII.-MO: 49 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING THE "INTERGOVERNMENTAL AGREEMENT' ENTITLED "AGREEMENT FOR ENGLEWOOD SHUITL~ING 2004- 2006 BETWEEN THE REGIONAL TRANSPORTATION (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. • ,e:,- WHEREAS, the City of Englewood designed the Englewood Shuttle to provide circulator shuttle service in the general area of the Englewood City Center, downtown Englewood and the Swedish/Craig Medical Center; and WHEREAS, this service will provide mobility and access to the commercial areas in and around the vicinity of the Englewood City Center light rail station, downtown Englewood and the Swedish/Craig Medical Complex; and WHEREAS, RTD provides bus service to and through the Englewood City Center area and the area in and around downtown Englewood and the Swedish/Craig Medical Complex; and WHEREAS, RTD and the City of Englewood agree that these services will complement each other and provide attractive and effective transit service for people working and shopping in the area surrounding the Englewood City Center; and WHEREAS, the City Council of the City of Englewood, Colorado approved application to the Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality Funds for operation of a Circulator Shuttle in November 2002; and WHEREAS, in November 2003 the DRCOG and the RTD approved the 2004 CMAQ and STP-Metro funds to be transferred from the Federal Highway Administration to the Federal Transit Administration for use by RTD as specified in the DRCOG 2003-2008 Transponation Improvement Program; and WHEREAS, due to federal funding constraints on CMAQ funds, notice of release of this funding was not confirmed until early 2004; and WHEREAS, receiving 80% of the project costs from CMAQ requires a 20-/. local match; 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 authorizes the "Intergovernmental Agreement" between the Regional Transportation Authority (RTD), attached hereto as Exhibit A, entitled "Agreement for Enalewood Shuttle CMAQ Funding 2004-2006. -1- ,, ' ... .. 1 • • Section 2. This Ordinance appropriates the CMAQ funds (80%), RTD funds (10%) and the City of Englewood, Community Development funds (100/o) for the above described project. Section 3. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 2nd day of August, 2004. Published as a Bill for an Ordinance on the 61b day of August, 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of August, 2004. Loucrishia A. Ellis -2- : • • 0 ·• • (J AGREEMENT for ENGLEWOOD SHUTILE CMAQ Funding 2004-2006 This Agreement is made this d day of ...J J.. , 2004, between the Regional Transportation District, a political subdivisio~e state of Colorado organized pursuant to the Regional Transportation District Act, C.R.S. 32-9-101, et. Seq., (hereafter "RTD"), and the City of Englewood, Colorado (hereafter "City#), a Colorado home rule city for funding and operation of the Englewood Shuttle in the area of the Englewood City Center in the City of Englewood, Colorado. RECITALS 1 . City has designed the Englewood Shuttle to provide circulator shuttle service in the general area of the Englewood City Center, downtown Englewood and the Swedish/Craig medical center. The purpose of this service is to provide mobility and access to the commercial areas in and around the vicinity of the Englewood City Center light rail station, downtown Englewood and the Swedish/Craig medical complex. 2. RTD also provides bus service to and through the Englewood City Center area and the area in and around downtown Englewood and the Swedish/Craig medical complex. RTD and City agree that these services are complementary to providing attractive and effective transit service for people working and shopping in the area surrounding the Englewood City Center. 3 . It is in the interest of the parties to pursue the implementation and operation of • 'ie Englewood shuttle service through funding by the City and RTD as set forth herein. Now, Therefore, in consideration of the promises and obligations set forth herein, the parties agree as follows: 1 . City has been allocated federal funding through the Congestion Mitigation and Air Quality Improvement (CMAO) program authorized pursuant to the Transportation Equity Act for the 21" Century (TEA-21) for the purposes of funding Englewood shuttle service in the area of the Englewood City Center, downtown Englewood and the Swedish/Craig medical complex. Such funding amounts to $ 21 2, 160 in federal FY 2004, $220,646 in federal FY '05 and $229,472 in federal FY '06 for a total of $662,278 in CMAO funds. 2 . RTD is an eligible recipient and has ability to use all federal grant funds authorized pursuant to 49 U.S.C. section 5309. 3 . By execution of this Agreement, City waives any right to receive the afore-mentioned CMAQ grant funds pursuant to 49 U .S.C. section 5309 in FY 2004-2006 and assigns RTD those CMAQ funds for Englewood • ll .. I • I 'f .•' ' • • ~· .... 0 4. shuttle service for eligible RTD projects from the Federal Transit Administration (FT f . J 1rectly. If necessary, City will prepare a letter to the Denver Regional Council of Governments (ORCOG) and/or FTA affirmatively stating its/their intent to relinquish the CMAQ funds to RTO. In consideration of the release of these funds, RTO agrees to provide funds to City in an amount equal to federal CMAQ funds received by RTD in a total amount not to exceed $662,278 according to the following payment schedule: FY 2004- FY 2005- FY 2006- $212,160 $220,646 $229,472 5. RTD will make funds available to City for support of Englewood shuttle service. By virtue of this Agreement, City will receive local funds and will have no federal contractual or reporting obligations. Funds made available by RTD to City in exchange for release of CMAQ funds will be ._ only in amounts equal to those made available to RTO under an approved grant from FT A, provided that RTO shall take all steps necessary to apply for and contract for such funds. In the event that RTO receives less than anticipated amounts set forth in paragraph 4 herein, RTD shall pay to City only the amount that RTD actually receives on an annual basis. Nothing shall obligate RTD to advance any future year grant funds. 6. RTD will pay City the full amounts of FT A funding released by City and received by RTD pursuant to this Agreement, provided that City presents invoices and verified statements of expenses in keeping with Attachments A and B, description of service and anticipated operating costs and revenues,respectively. City will file annual budgets with RTD for Englewood shuttle related capital and operating costs for 2004 through 2006. 7 . City, or its Agent(s), shall invoice RTO not more than monthly, nor less often than quarterly, for actual costs incurred in the provision of Englewood shuttle service, providing a summary , as agreed, of expenses, revenues, service hours, mileage and the number of passenger boardings generated as a result of providing Englewood shuttle service. RTD shall pay all approved invoices within thirty days of receipt. If RTD does not approve an invoice from City or its chosen Agent(s), a written explanation of disputed items will be sent within 10 days of RTO' s receipt of the invoice . City shall be solely responsible to own, operate and/or maintain all projects and capital items funded by this Agreement . Nothing contained herein obligates RTD to implement service, acquire vehicles , facilities , equ ipment or property , or maintain any service , veh icles , fac il it ies , •' t .... .. • • • 8. 0 equipment or property as a result of this Agreement. Nothing herein obligates RTD to provide any future funding for any service implemented or vehicles, facilities, equipment or property implemented or acquired as a result hereof. RTD is not a provider, sponsor or granter of City service. This Agreement is solely for the purpose of exchanging federal grant funds for local funds. City or its designees shall be solely responsible for hiring and supervision of the employees who operate the Englewood shuttle service. The RTD shall have no responsibility for, nor authority or control with respect to, the supervision and management of the drivers and other employees who work in connection with the Englewood shuttle service. 9. The parties agree that the RTD shall have no liability to third parties arising out of the operations or management of the Englewood shuttle, or any other City service, and the City shall have no liability to third parties arising out of the operations or management of any RTD services. City shall cause RTD and its officers and employees to be named as additional insured on all insurance policies for the operations of the Englewood shuttle. 10. Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., each party shall be responsible for any claims, demands or suits arising out of its own negligence. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as an expressed or implied waiver by any party of its governmental immunity or the governmental acceptance by any party of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act, C .R.S . § 24-10-101 et seq. 11 . Nothing in this Agreement shall be construed to limit RTD's right to establish routes or services or perform any functions authorized by C .R.S . § 32-9 -101 , et. seq. 1 2 . There shall be no third-party benet iciaries of this Agreement. 13. This Agreement does not contain any multiple-fiscal year financ ial obligations by either party that extend beyond its current fiscal year. The financial obligations of each party under this Agreement shall be subject to and limited by the appropriation of sufficient funds therefore by its governv,g body . Funds for this agreement have been budgeted, authorized and appropriated by the RTD Board of Directors for the 2004 fiscal year . Nothing herein obligates RTD to budget, authorize or appropriate funds for any future fiscal year . In the event that funds are not appropriated for subsequent years , RTD will inform City in writing ' ... .. • • 14. 15. 0 and no additional funds will be paid by RTD to City. In such event this Agreement will terminate when RTD has received CMAQ funds in an amount equal to the funds it has paid to City and the parties will have no further funding obligations to one another. The City and RTD are not partners or joint venturers as a result of this Agreement. The City and RTD represent or warrant to each other that they have all necessary authority to enter into this Agreement and to perform their obligations hereunder and that this Agreement does not conflict with any other agreement that each party is subject or to which it may be bound. 16. Except as otherwise provided in this Agreement, neither party may assign the Agreement and/or any of its rights and obligations hereunder without the written consent of the other party. 17. This Agreement may be modified or amended only by a written document duly executed by both parties. 18. Correspondence regarding this Agreement shall be sent to: For City: City of Englewood Community Development Department 1000 Englewood Parkway Englewood, CO 80110 Attn . Lauri Dannemiller, Senior Manager For the RTD: Regional Transportation District 1600 Blake Street Denver, CO 80202 Attn: Bruce Abel, Assistant General Manager, Contracted Services 19. The terms and provisions of this Agreement, and its exhibits, represent the entire understanding of the parties with respect to the subject matter of this Agreement, and merge , incorporate and supersede all prior communications between the City and RTD concerning that subject. No representations or warranties are made by the City or RTD except as herein set forth . t .· .. .. • • WHEREFORE, the parties have entered into this Agreement as of the date first set forth above . REGIONAL TRANSPORTATION DISTRICT ~c~.(:::;-R General Manager Regional Transportation District Approved as to legal form: Regional Transportation District Marlatl. Lien Asscfciate General Counsel CITY OF ENGLEWOOD By: __________ _ Douglas Garrett Mayor City of Englewood ATTEST: Secretary • • Attachment A Englewood shuttle Service Description 2004 Span of Service: Monday-Friday Saturday- Sunday- Service Frequency: Weekday- Saturday- Sunday- Annual Revenue Hours: Weekday (Monday-Friday)- Weekend - Holidays- Total 6:30 AM-6:30 PM n/a n/a every 10 minutes n/a n/a 6,120 n/a n/a 6,120 t • • Attachment B Summary of Anticipated Operating Costs and Revenues For the Years 2004-2006 Expense: Englewood shuttle operations· Fuel Contract management Planning/Marketing Total Expense Revenue: Passenger fares CMAQ funding Local Match (20%) Total Revenue Sources of Local Match: City of Englewood ( 10% local match) RTD ( 10% local match) Total Local Match 18,360 hours • $34.86/hr $640,030 $ 36,930 $ 39,340 $111,546 $827,846 $ 0 $ 662,278 $ 165,568 $827,846 $ 82,784 $ 82,784 $165,568 • • BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROVING THE ENGLEWOOD ESTATES PLANNED UNIT DEVELOPMENT (PUD) AT 1296 WEST QUINCY AVENUE IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Distinctive Builders, L.L.C., owner of the property at 1296 West Quincy A venue, Englewood, Colorado, submitted an application to rezone the property from R-1-C Single-Family Residence District to PUD and to subdivide the property contained within the PUD ; and WHEREAS, the Englewood Estates Subdivision divides the site commonly addressed at 1296 West Quincy Avenue into seven single-family building sites and establishes a private one-way street, known as West Quincy Circle, to provide access to the proposed development; and ' WHEREAS, the Planning and Zoning Commission held a Public Hearing on February 3, 2004 and took testimony on the subject property which is currently zoned R-1-C Single-Family Residence District ; and WHEREAS, the Planning & Zoning Commission recommended approval of the PUD with the following conditions: I . Applicant shall obtain and provide documentation for the utility easement for the water line on the adjoining property along the west property line. 2 . Fence along West Quincy Avenue cannot be constructed within 20 feet of the West Quincy Circle property line. 3. PUD District Plan -Development Standard A. shall apply: "The Provisions found in this Zone District shall be subject to the requirements and standards for Zone District R-1-C of the Englewood Municipal Code as amended, unless otherwise provided for in this PUD or an amendment hereto." WHEREAS, all of the requirements have been addressed; and WHEREAS, the Commission recommends approval of this Planned Unit Development ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The Planned Unit Development, for property numbered 1296 West Quincy Avenue, in the City of Englewood, Colorado, is hereby approved with tbe co ndit io ns noted above . -1- ,. ' ·-.. • • Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council has determined that this Ordinance shall be published by title because of its size . A copy is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed on first reading on the 21st day of June, 2004. Published by as a Bill for an Ordinance on the 25th day of June, 2004. A Public Hearing to be held on the 19•b day of July, 2004. Read by title and passed on final reading on the 2•d day of August, 2004. Published by title as Ordinance No. _, Series of 2004, on the 61h day of August, 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. Loucrishia A. Ellis -2- .. t 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 2, 2004 11 c. i Final Plat Englewood Estates Subdivision Initiated By: Staff Source: Mike Duggan, Distinctive Builders, LLC Anthony J. Fruchtl, Planner 4495 South Santa Fe Drive Englewood, Colorado 80110 PREVIOUS COUNCIL ACTION Council adopted a bill for an ordinance approving the Englewood Estates Planned Unit Development on first reading June 21, 2004. Council heard testimony at a Public Hearing on the proposed PUD on July 19, 2004, and will be considering the PUD on final reading during the August 2, 2004 City Council meeting. This proposed resolution approves the final plat of the Englewood Estates Subdivision . PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered the Preliminary Plat of the Englewood Estates Subdivision under Title 10 Land Subdivisions of the former Zoning Ordinance on February 6, 2004 at a Public Hearing in conjunction with the Englewood Estates Planned Unit Development The Commission voted to forward the Final Plat to City Council with a recommendation for approval. The vote was 9 to 0. RECOMMENDED ACTION Staff recommends that Council approve the Final Plat of the Englewood Estates Subdivision and accept the proposed land dedication with the following condition: The effec tive date of the Resolution approving the Englewood Estates Subdivision be the same as the effective date of the Bill for Ordinance approving the Englewood Estates Planned Unit Development BACKGROUND The subject property is a vacant parcel of approximately 1.19 acres located at 1296 West Quincy Avenue. The site is located in an area bounded by West Quincy Avenue on the north, West Radcliff Avenue on the south, South Lipan Street on the east. and South Navajo Street on the west Adjacent properties to the north, east. and south are zoned R-1-C Single-Family Residence District, and con tain single-family homes. Adjacent properties to the west are zoned 1-1 and are used as automoti e sales and engine repair. ANALYSIS The Planning Commission reviewed the Preliminary Plat and found that the following Conditions as ou tlined in TIiie I 0, Section 10-2-4 : C had been complied with: t • • - 1. The zoning of the property proposed for subdivision, together with the zoning of the areas immediately adjacent thereto. The proposed Englewood Estates PUD is bounded on the west by the 1-1 Light Industrial District. To buffer the uses that are allowed within the 1-1 Light Industrial District, the applicant has proposed a six (6) foot solid wood fence along the west boundary of the property. The proposed zoning for the Englewood Estates PUD limits development to single-family residences, which is compatible with the City of Englewood R-1-C Single Family Residence Zoned District whi c h bounds the property on the north, south, and east. 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance with yard area requirements. The proposed lots are compatible with dimensions established by the Englewood Estates PUD District Plan . 3 . The availability of all utilities, and the proximity thereof to the area proposed for subdivision. Public water and sewer along with electric, gas, and communication utilities are available to the subject property. 4. Topography and natural features of the land with special reference to flood plains. The subject property is not located within an identified flood plain zone. 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and loca tion of such streets and alleys, with relation to existing streets and alleys. both within and without the area proposed for subdivision, and the Master Street Plan . The proposed Englewood Estates PUD is an infill type of development As a result, there are no streets on the Master Street Plan that were proposed to service this 1.19 acre area. Any streets built will be strictly to provide access to the lots created by this development West Quincy Circle is a proposed one-way private street that is only wide enough to provide access to the proposed development that it is being buih to serve. It is not possible to achieve alignmen t with Lipan Street to the north without seriously impacting the buildability of lots 1 and 2 of this subdivision . By m oving the inbound portion of West Quincy Circle 160 feet from South Lipan Street, all ingr e ss conflict points are moved away from the Quincy/South Lipan Street intersection. In ma ny res pe cts, West Quincy Circle is merely a driveway access for these seven homes . 6 . All rig hts-o f.way to be designated and located to facilitate the safe movement of pedestrians and bicyclists. Sidewalks are provided. •' 7 . All bicycle and pedestrian facilities shall be selected, located and desisned in accordance with current City standards . o bicycle fa ci lit ie s are required for this proposed subdivision . Sidewalks are provided . 8. The location o f utility and other easements. S e Prelimi nary Pl a t. .. ' .. .· . ·"' f • • 9. The location of, and provision (or, public areas, including land reserved for parks, schools and other public uses . No public reservation is required for this proposed subdivision. 10. The method o( handling drainage and surface water. A drainage study has been completed as part of the proposed Planned Unit Development application. Drainage issues have been addressed and will be monitored in the development permit process. The application was submitted under Chapter 16, Title 10, Land Subdivision, of the Englewood Municipal Code which was the predecessor to the Unified Development Code (UDC) Tide 10. Title 10 required that residential property be subdivided through the Major Subdivision process when more than three (3) lots were created or when dedication of public right-of-way was required. The subject property is a single, vacant residential parcel containing or 1.19 acres. The subdivision proposes to create seven (7) residential building lots. The layout of the lots is consistent with the Englewood Estates Planned Unit Development (PUD). The proposed lots will range from 5, 116 square feet to 6,750 square feet The average lot size of the PUD is 5,784 square feet, which is comparable to the adjacent R-1-C Single-Family Residence District which requires a minimum 6,000 square foot lot The proposed height of structures is 32 feet, which is the same as the maximum allowed in the Unified Development Code (UDC). Setbacks are established by development envelopes specific to each lot as shown on the PUD District Plan. In addition to the development envelopes, a provision that requires garage doors to be set back a minimum of twenty-four (24) feet from the edge of West Quincy Circle has also been added. West Quincy Circle, identified as Tract A, will be owned and maintained by the Homeowner Association. The seven City departments and divisions comprising the Development Review Team reviewed the proposed subdivision. All identified development issues of the proposed subdivision have been resolved. Water and sanitary sewer service is available to the site. Electric, gas and communication utilities are available to the site and utility easements have been provided on the plat The proposed subdivision is consistent with the zoning standards established in the Englewood Estates Planned Unit Development and with the Comprehensive Plan, which identifies the site as part of a residential area. FINANCIAL IMPACT The proposed subdivision will result in increased residential property tax revenues and development fe es ge ne rated by future development of the seven residential lots. LIST OF ATTACHMENTS Resolution Findings of Fact Exhibit A: Final Plat Englewood Estates t ... .. .• • • (J, CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATIER OF CASE #SUB 2003-04 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ENGLEWOOD ESTATES PLANNED ) UNIT DEVELOPMENT, 1296 WEST QUINCY ) AVENUE ) ) INITIATED BY: ) Distinctive Builders, LLC ) 4495 South Santa Fe Drive ) Englewood, CO 80110 ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION This public hearing on this matter before the City Planning and Zoning Commission was opened on January 6, 2004, continued to January 21, 2004 and further continued by telephone poll to February 3, 2004, in the City Council Chambers of the Englewood Civic Center. !anuarv 6. 2004 Commission Members Present: Commission Members Absent: Februarv 3. 2004 Commission Members Present: Commission Members Absent: Adams, Bleile, Diekmeier, Krieger, Mueller, Roth, Schum, Waggoner Welker Adams, Bleile, Diekmeier, Adams, Bleile, Diekmeier, Krieger, Mosteller, Mueller, Roth, Schum, Welker None Testimony was received from staff, the applicant, Rick Weed of Carroll and Lange, and Nancy Baker of 1294 West Quincy Avenue. The Commission received notice of Public Hearing. the Staff Report, and a conceptual drawing of the development, which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions . 1 ,, ' .. .· .' • • • FINDINGS OF FACT 1. THAT the application for approval of the Englewood Estates Subdivision was filed by Distinctive Builders, LLC, owner of property addressed as 1296 West Quincy Avenue, Englewood, Colorado. 2. 3. THAT Public Notice of the Public Hearing was given by publication in the Englewood ~ on December 26, 2003; certified letters were also mailed to adjacent property owners notifying them of the date, time, and location of the Public Hearing. THAT Planner Fruchtl testified that the proposed Englewood Estates Subdivision divides the site commonly addressed as 12% West Quincy Avenue into seven single-family building sites, and establishes a private one-way street, known as West Quincy Circle, to provide access to the proposed development that it is being built to serve. CONCLUSIONS 1. THAT the application for Englewood Estates Subdivision was filed by Distinctive Builders, LLC. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, and by personal letter to adjacent property owners of record mailed via certified mailed, USPS. 3 . THAT the proposed Englewood Estates Subdivision Preliminary Plat is in conformance with Title 10, Land Subdivisions, of the Englewood Municipal Code, and that a Final Plat is to be prepared and referred to Englewood City Council for approval . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the Preliminary Plat of the University Homes Subdivision is in conformance with Title 10, land Subdivisions, of the Englewood Municipal Code. The applicant is directed to prepare a Final Plat, and said Final Plat of Englewood Estates Subdivision shall be referred to Englewood City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission February 23, 2004, which motion states : Mr. Bleile moved : Mr. Schum seconded : To approve Case #SUB 2003-04 with the conditions stipulated in Cas e #PUD 2003-01 . 2 t .. • • AYES : NAYS: ABSTAIN: ABSENT : Adams, Bleile, Diekmeier, Krieger, Mosteller, Mueller, Roth, Schum, Welker None None None The motion carried. These Findings and Conclusions are effective as of the meeting on February 3, 2004. BY ORDER Of THE CllY PLANNING & ZONING COMMISSION Cyndi Krieger, Chair •• t • • RESOLUTI~NO. __ SERIES OF 2004 A RESOLUTION APPROVING THE SUBDIVISIO IIMa 1 ENGLEWOOD ESTA TES SUBDMSION AND ACCEPTING 1llE PROPOS D LAND DEDICATION SIMULTANEOUSLY WITII 1llE BFFBC'rIVB DATE OF THE ORDINANCE APPROVING THE ENGLEWOOD ESTATES PLANNED UNIT DEVELOPMENT LOCATED AT l296 WEST QUINCY A VIINUll;c&Y . WHEREAS, the Englewood Estates Subdivision is a vacant parcel of approximately 1.19 acres located at 1296 West Quincy Avenue; and WHEREAS, Englewood Estates is located in an area bounded by West Quincy Avenue on the north, West Radcliff Avenue on the south, South Lipan Street on the east, and South Navajo Street on the west; and WHEREAS, adjacent properties to the north, east and south are zoned R-1-C Single-Family Residence District and contain single-family homes; and WHEREAS, adjacent properties to the west are zoned 1-1 and are used as automotive sales and engine repair; and WHEREAS, City Council adopted a Bill for an Ordinance approving the Englewood Estates Planned Unit Development by the passage of Council Bill No. 33, Series 2004; and WHEREAS, the Englewood Planning and Zoning Commission recommends that the Subdivision.and the Final Plat requested by Distinctive Builders, LLC, for the property at 1296 West Quincy Avenue be send to the Englewood City Council for approval; and WHEREAS, a public hearing was held by the Englewood Planning and Zoning Commission on February 6, 2004 for input from interested parties; NOW, THEREFORE, BE IT RESOLVED BY 1llE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section I . The City Council of the City of Englewood, Colorado, hereby approves the Englewood Estates Subdivision and Final Plat, available for viewing in the Englewood City Clcrlc.'s Offi ce, 1000 Englewood Parle.way , Englewood, Colorado. ADOPTE D AND APPROVED THIS 2nd day of August, 2004. ATIEST : Douglas Garrett, Mayor Loucrishia A. Ell is, City Clerk t • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Revolution No. ___, Series of 2004. Loucrishia A. Ellis • • - ·1 • • ... · ... · .. : ., . . .... • . . . • t' f,·.\ •.•. ... . :• ..... . . ...... _.. ..... . .. -· .. • • • • .. ;, • • • FINAL PLAT OF ENGLEWOOD ESTATES A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, NOTES: I. NOftCI; M:c:cJRONG 10 CO..OM>O lM lOU .... CCIWMCNC( ""' Lmtl&. 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TO THC ~ M..l flQffS-Of"-•T #Cl CASCWCNTS ro,t M ~ 5HtMN HOICON. ~~D lHl _ DAY Of ----A.D. 20_ NOTARY PUBUC S1ATC or tU.OIWIO } )SS """"""'--> lliC rOM:GON; N5"flltWCNJ .S M:IUOIUDGCO IHOM 1111( fHl5 --°'' Olf , 100_ 9T AS -----or OISTINC1M: --0US. llC. A co..c,ll,IOO UWTt0 UJtilllUfT COtll'l«Y 9ITNCSS tit HIND MCI OITOlt. SCM.. wt COIMlllMDN ONl[S• ---- APPROVALS "'" .. ff CLERK ANO RECORDS CERTIFICATION MXCm"D roll fUIG III M o,n:c Of n« tlDl'I: #Cl lllCOIIOO' Of MW'frloG: COIMT'T stA'l OIi ~ ,\J _ O'ClQO( _w ON fHl5 _ Qil'I' OI ----.t..D JOCM IICCO"'ION NO ---""°" .... NO!') ---~--- ENGl£WOOO ESTATES A "*'UL or U1C UICA'tD .. "1l" lll(Jlll'IMlASf ou,r,,tt.l OlfMC IGIT)«Slc»rl'llaOln«~f QUlrlfllJII ti l(ClOf I toa$tP S ..,,.. IING: .. 1ll(J1 Of ff s,n.~ ....... c,nr,(IIIIL.[WQQD to.llr'l'Ofl """"""11.. It.ft Of 12SH5 WE ST QUINCY A'i(NU{ NW CCIII JC 1/4 NW 1/4 KCI, TB. .... FINAL PLAT OF ENGLEWOOD ESTATES A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO . CONTAINS 1.19 ACRES MORE OR LESS SHEET 2 OF 3 QUARTER SECTION BREAKDOWN ~·-u •,oT .. -• T ---•~·-u: __ _ t---r.cr:::.11.:-·,. 4:.0:~·~·1• ·CCIII-1/41a t/4 ...... 1-N!UleNO. tllllillllt IICI.----.......... ••--· LI tam•----••·-,-,._...,.. llt111113•..a:IOI .......... ____ .. .............__.____ ----~·------ N 1 ~ -m-~ ·-;-u T I SCALC: 14 • 200· CIIIUl#14Qll.wt,K$C.til.f ......... ---·--Ea Cafrol &Lange t :.::-5---i.r:~• ENGL£WOOO ESTATES A tt.flllCll OT l.0 LDCAD • M IIOt1'CAS1 O,Wll't,t Of N' t011M1f ~D 01 M ... N.ASt ~U K C--t..~1KIU •o111NCZ11 •s101-.. _..... llllaillOll'Al ........ OTT C, OICl.l r, tlf IN#'-«.. SfAII( 01 1291 IIC ST QUINCY A-.1:"UC wl z, 21 ~. u. I ...... ?._,..,,.:. ... ;~ t! ;: icf l! > 0 ~ 1 = !~ "~ 00' ,.ocr ~ ,e e ; FINAL PLAT OF ENGLEWOOD ESTATES A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, 5 . CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE , STATE OF COLORADO. 6 LMJU...t ..... ?,,...,[ .... CONTAINS 1.19 ACRES MORE OR LESS SHEET 3 OF 3 I T--------T '"1-.-I ....... _ _.. ..... ,· I,_ I I I R-:-:; I I I 7 I ._. ___________ __;I I I LIIIU• } I I I I I I / I / 2 •.. u. Sit I 111111' I I I I I I I I I I I I v, .. ?,,...,,( .... ~u-1 .. , ~ ~ ;; a t.1'IOSJ'11 I I I I I I I I Ii 11 I I 11 I I 11 • ::: J SM"U7.JT t.J.lt .,. -Nt#IIClt/£1/fNrl/fSCCI -r i SYMBOL L£GCNO + rcuc, SCCTION COflNCII' -S NOTCD HCJltCON . SCT ND !I MaitA W/N..W CN' L S HJU a fQI.IIIID NO. 4 IICMII W/CJ,I> LS NO •llt lN.CSS on.ow.st ~o u.c. --S.t. --DL -- + D(1All A I •KAJ ENGLEWOOO EST A TES COUNCIL COMMUNICATION Date: Subject: August 2, 2004 Initiated By: Staff Source: Community Development Lauri Dannemiller, Community Development Manager PREVIOUS COUNCIL ACTION Discussion regarding the planning and implementation of the Englewood Circulator Shuttle has taken place with Council on numerous occasions over the past five years, and most recently on 02/19/04; 10/08/03; 10/31/02 and 08/28/02. Also on the August 2, 2004 agenda is an agreement with the Regional Transportation District (RTD) for funding of this contract through the Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality (CMAQ) funds. RECOMMENDED ACTION Lai Shutlle • described in the attached RFP and Response to RFP by Laidlaw. Both of these documents are presented in electronic disc format due to the volume of information contained. BACKGROUND AND ANALYSIS A Request for Proposals (RFP) to provide services for a Circulator Shuttle in the City of Englewood was distributed via Bid Net and the City of Englewood website on April 5, 2004. Fourteen vendors requested a copy of the RFP. Three submissiom received by the April 26 , 2004 deadline were deemed complete. The RFP requested submission of a response to eight major ca tegories of questions including c ompany history, financial viability, insurance provisions, staffing programs, operations and maintenance programs. vehicle proposals, as well as a proposed cost of o p eration s. Vendors could bid on either gasoline, compressed natural gas (CNG) vehicles, o r both . ' ... .. • • A summary of the vendor cost proposals is presented here. These bids are for shuttle operational hours from 6 :30 am -6 :30 pm, Monday -Friday : Vendor Year 1 Year2 ~ Year3 ~ Total Laidlaw Gasoline 207 538 209,767 216 868 634,173 CNG No bid No bid No bid MVTransit Gasoline 217 706 224008 229,922 671,636 CNG 264,879 271,628 277,288 813,795 Senior Resource Center Gasoline 297,700 306,630 315 830 920,160 CNG No bid No bid No bid Interviews with the two vendors who were within the project budget were conducted in coordination with RTD on May 20m . A recommendation to proceed with Laidlaw Transit Services Inc. based on low-bid, operational proposal and interviews is presented tonight. This contract will provide for all vehicles and operational components of the project. Fuel will be supplied by the City, with reimbursement to the appropriate fund, to eliminate state and federal gasoline taxes, reducing fuel costs by approximately $.SO/gallon. Additional contracts for a part-time shuttle manager, signage, marketing and advertising will be covered by grant funding, but is not included in this contract. FINANCIAL IMPACT DRCOG/CMAQ and RTD grant funds are providing for 90% of the project total costs in 2004. Total project costs in 2004 are $282,176, of which $207,538 will be paid to Laidlaw Transit Services In c. per this contract. Year #2 total projected costs are $272,130 and Year #3 total proj ec ted co sts are $276,1 77. The Ci ty will be responsible for the remaining 10% of the projects costs, estimated in Year #1 at $28,2 1 7, Year #2 at $2 7,213 and Year #3 at $27,617. ATTACHMENTS Transi t Sh uttl e Se rv ice s Operations Contract Co mput er D isc w ith Shuttle RFP and Laidlaw Response to RFP . t ... .. • • (J Transit Shuttle Services Operations Contract This Contract is made and entered into as of the __ day of 2004, by and between the City of Englewood, a Colorado Municipal Corporation (City) and Laidlaw Transit Services, Inc ., a Delaware Corporation (Laidlaw). WHEREAS, The purpose of this contract is to implement various transportation services and improvements to reduce dependency on the single occupant automobile, facilitate movement of traffic to and within the commercial areas of the City of Englewood and to minimize traffic congestion in the shuttle area. WHEREAS, The City desires to engage Laidlaw to provide said Transit Shuttle Management and Operations services; NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows: I . Purpose: The purpose of this Contract is to set forth all of the terms and conditions agreed upon between the Parties by which Laidlaw shall provide to the City transit management and operations services, as provided herein. Laidlaw shall perform such services as set forth in this contract using that degree of care, skill and knowledge employed by leading contractors in the field of transit management and operations in the United States. 2. Scope or Services: This Contract incorporates the requirements, conditions, obligations and promises of the City's "Notice Inviting Proposals ror a Circulator Shuttle In tbe City or Englewood", dated April 5, 2004 (including Alternative A) and the "Proposal to Provide Circulator Shuttle In tbe City or Englewood" by Laidlaw Truslt Services, Inc., dated April 23,2004. Sec Exhibits A and B attached hereto and incorporated herein. 3. Independent Contractor: The City hereby contracts with Laidlaw to provide the shuttle services described herein within the City of Englewood as an independent contractor and not as an agent of the City. 4. Quality of Service: Laidlaw acknowledges that, through the provision of services, the City desires to provide to their citizens a high quality of service in the operation and maintenance of this shuttle system. Laidlaw agrees to supply the shuttle services described in paragraph two, above, in a safe, efficient and professional manner. 5. Compensation: Compensation shall be paid pursuant to Exhibits A and B but in no event shall the first year's compensation exceed $207,538. 6 . Term : This Contract shall be for a tenn of one year commencing upon September 7, 2004 and ending at midnight, September 6 , 2005. Thereafter, the City Manager may extend this contract for rwo consecutive one-year periods, subject to the same terms and conditions of this contract. Applicable Law : The parties agree this Contract shall be governed by and construed in accordance with the law of the State of Colorado. The ve nue for any litigation shall be Arapahoe County, Colorado. ,, ' . .. • • 8. Terminadon: In addition to any other rights provided herein, the City shall have the right, at any time and in its sole discretion, to terminate, not for cause, in whole or in part, this Contract and further performance of the services by delivery to Laidlaw of written Notice of Termination specifying the extent and effective date of termination. 9. Amendments : All changes to this Contract shall be in writing and executed by the authorized officials of the Parties. In the event a change in this Contract causes an increase or decrease in the Operating Expenses hereunder, the Contractor and the City agree to negotiate an increase or decrease in the contracted amount of compensation. 10 . Assignment: Laidlaw shall not assign its performance of this contract without the prior written consent of the City. Any attempt by the contractor to assign any performance of this contract without such consent shall be null and void. 11. Subject to Annual Appropriadon: Any provision of this agreement or its attachments which impose upon Grantee, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the year of execution of this agreement is expressly made contingent upon and subject to funds for such financial obligation be appropriated, budgeted and otherwise made available . IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. LAIDLAW TRANSIT SERVICES, INC. By :---------- STATE OF ______ } }ss. COUNTY OF _____ } The foregoing instrument was acknowledged before me this __ day of ______ ~ 2004, by Susan Spry as President of Laidlaw Transit Services, Inc. My commission expires : ----- Notary Public CITY OF ENGLEWOOD, COLORADO By : ----------- Douglas Garrett, Mayor ATTEST : Loucrisbia A . Ellis , City Clertc ! i- • • AprilS,2004 SUBJECT: NOTICE INVmNG PROPOSALS FOR A CIRCULATOR SHum.E IN THE cm Of ENGLEWOOD To Whom It May Concern: The Oty of Englewood is seeking the services of a qualified firm for management. operation and maintenance of its Orculator Shuttle. Attached is a copy of the Request for Proposal for the above referenced services. After reviewing the Request for Proposal, any questions that you may have should be E-mailed to ldannemillerWengelwoodgov.qrg The deadline for submission of questions is April 16, 2004. Deadline for submitting proposals is April 26, 2004 at 2:00pm. Sincerely, Lauri Oannemiller, Senior Manager of Community Development Attachment: Request for Proposal t .. • • CITY 0 F ENGLEWOOD PROPOSAL TO PROVIDE: Circulator Shuttle in the Cit'! of E:iglewood SUBMITTED TO: Lauri Dannemiller. Ser.1cr ~tanager Community De 1,e!oprr.ent Department City of ::iglewccd 1000 ::igiewcod Park.vay Engiewcod . CO 801 1 C PROPOSAL CONi ACT: Mr . Doug Gies Area General Manage r 30 South nar.tan Den ver C.:lcracc 8C,~'.3 Tele!=hcne · 303-15.!--:Se o ext . 222 F3cs.mil ie 3c3..15..:. .. :ss::: E-mail : Ccug.S ,::5 ~1a1clawtrans1t.:om E LAIDLAW -:'~ 'IS ,-:S:=.1 C:S 1111: ' • • Memorandum To: From: Date: Subject: Mayor Garrett and City Council Members Leigh Ann Hoffhines July 29, 2004 Laidlaw Circulator Shuttle Contrac COE RFP RFP Response -Laidlaw This envelope contains a CD with the information list your reference. Please give us a call if you have any questions. cc: Mike Flaherty Lou Ellis ·• • - ·--/ ., . ,~ .· .. 0 0 • , I • April 5, 2004 SUBJECT: NOTICE INVITING PROPOSALS FOR A CIRCULATOR SHUTrlE IN THE CITY OF ENGLEWOOD To Whom It May Concern: The City of Englewood is seeking the services of a qualified firm for management, operation and maintenance of its Circulator Shuttle. Attached is a copy of the Request for Proposal for the above referenced services. After reviewing the Request for Proposal, any questions that you may have should be E-mailed to klannem;HerOengelwoodgoy,org The deadline for submission of questions is April 16, 2004. Deadline for submitting proposals is April 26, 2004 at 2:00pm. Sincerely, Lauri Dannemiller, Senior Manager of Community Development Attachment : Request for Proposal CITY OF ENGLEWOOD REQUEST FOR PROPOSALS ( RFP-04-122 ) TO PROVIDE SERVICES FOR A LOCAL CIRCULATOR SHUTILE IN THE CITY OF ENGLEWOOD, COLORADO April 2004 TABLE Of CONTENTS NOTICE REGARDING DISCLOSURE..----·--·-·-·-----·-1 SECTION 1 INVITATION FOR PROPOSALS----·----·--2 SECTION 2 BACKGROUND AND OVERVIEW ............... , SECTION 3 SCOPE Of WORK.---------- SECTION 4 PERFORMANCE STANDARDS-------- SECTION 5 EVALUATION PROCEDURES AND CRITEU.."---- SECTION 6 INfflUCTIONS, CONDfflONS, AND CONTENT- SECTION 7 QUESTION------------- EXHIBIT A GENERAL PROPOSAL nRMS AND CONDITIONS-- EXHIBIT B MAPS ................. _,_ ... _,,,_ ... _ ... _,,.,_-------- EXHIBIT C PROPOSAL FORM,----------- 3 4 14 16 17 21 24 21 30 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT All responses to this Request for Proposals (RFP-0+122) accepted by the City of Englewood shall become the exclusive property of the City. At such time as the Director of Community Development recommends a CONTRACTOR to the City Council, and such recommendation, with any recommended contract appears on the Council agenda, all proposals accepted by the City of Englewood should become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the BIDDER as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal, which a BIDDER desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i .e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required, permitted under the Colorado Open Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. CITY OF ENGLEWOOD REQUEST FOR PROPOSALS CIRCULATOR SHUTILE SECTION 1 -INVITATION FOR PROPOSALS The City is seeking the services of qualified firms for management, operation, and maintenance of a Circulator Shuttle (SHUTTLE). The SHUTILE service will operate between the CltyCenter Englewood light rail station, downtown Englewood, and the Swedish/Craig Medical Complex. (See Exhibit B) The City of Englewood is an equal opportunity employer. Qualified firms owned by women, minorities, and individuals with a disability are encouraged to submit a proposal. While the City favors economy and efficiency in all services paid for with public funds, price is not the only relevant factor in the City's choice for a CONTRACTOR. After an evaluation of all portions of the proposal including, without limitation, the BIDDERS experience, equipment, terms of services, references and price, the BIDDER who proposes the lowest price for services required may not necessarily be awarded the contract. The City reserves the right to choose a CONTRACTOR who demonstrates the ability tc;, provide the highest quality of service at a fair price. The City reserves the right to reject any and all proposals or any part thereof, to waive any formalities or informalities, and to award the contract to the most responsive and responsible respondent(s) as deemed in the best interest of the City. BIDDER shall submit one unbound original, six (6) bound copies, and one electronic version in Microsoft Word, of their proposal with all the required forms and attachments no later than 2:00 p.m. on Monday, April 26, 2004 to: Lauri Dannemiller, Senior Manager Community Development Department City of Englewood 1000 Englewood Parkway Eng!ewood, CO 80110 Proposal s re ceived after the submission deadline will not be considered under any circumstances and will be returned unopened. Sole responsibility rests with the respondent s to ensure the proposal is received according to these requirements. Modifications to the proposal will only be permitted prior to the submission deadline. A proposal ma y al so be withdrawn prior to the submi ssion deadline by telephone, e-mail, or in person by a respondent or an authorized representative, provided identification is supplied and a receipt is signed for the proposal. 2 t • • The City expects to enter into a contract with an initial term of one year, effective September 7, 2004 and end midnight, September 6, 2005. Thereafter, the Contract shall renew each year on September 7", for two consecutive one-year terms, subject to the termination provisions of the contract. The contract is subject to annual budget and appropriation by the City of Englewood. A separate, one-time Start-Up Contract based upon proposed start-up plan events and costs (Section 4C6), will be executed at a mutually agreed upon date, to be no later than July 1, 2004. SECTION 2 -BACKGROUND AND OVERVIEW The goal of this SHUTILE service is to provide easier accessibility among key activity centers in the City of Englewood and to the RTD light rail service, while complementing the service currently provided by existing bus routes. Specific markets the SHUTILE would address include employee commutes, lunch hour accessibility to Englewood retail and restaurants, better access for residents of Englewood-particularly those more dependent on transit-to activity centers in the area, and promoting Englewood businesses-particularly along Broadway between Floyd and Hampden. A detailed analysis of the activities associated with the operation of a SHUTILE was conducted in a Feasibility Study dated December 12, 2000 and updated in Phase II Feasibility Study dated May 30, 2001 and September 2002. These activities included determining the current travel patterns and future travel needs of those living and working in the study area largely using a survey, estimating ridership of the proposed shuttle, and research of other shuttles to determine how the Englewood shuttle would compare. 1hele documents are available upon request, but it should be noted that certain auumptions and conclusions have cmnged for this final RFP. This RFP is requesting SHUTILE service be provided under the following assumptions: AltematMA Ope, atin11 utego,y Svstem Assumntion Round Trip Length 3 miles Wffk<bys Operated~ 255 Headways 10 minutes Number of round trips per day 37 per vehicle, 74 tolal system Number of Operating Hours assumed 12 Operatina hours 6 :30 a.m. · 6 :30 p .m. Vmic:les operating~ 2 Vehicles Needed 3 (2 plus one spatt) Annual Trips 18,170 Syslem total Annual V@hlcle Miles 56,610 ·~ total Annual V@hlcle Hours 6 120 ,.,.,..,. tout 3 t .. • • 0 AltematweB Ooeratin11 Cate11orv System Assumption Round Trip Lenglh 3 miles Weekdays Operated Annually 255 Headways 10 minutes Number of round trips per day 2 7 per vehicle, 54 total system Number of Operating Hours assumed 6 Operating hours 6 :30-9:30 a .m.; 11 :30 a .m.-1 :30 p .m.; 3:30-6:30 p.m. Vehicles operating simultaneously 2 Vehicles Needed 3 (2 plus one spare) Annual Trips 13,770 system total Annual Vehicle Miles 41,310 system total Annual Vehicle Hours 4 060 svstem total No service will be provided on nationally recognized holidays falling mid-week. SECTION 3 -SCOPE OF WORK The City is seeking the services of qualified firms to provide a SHUTTLE service per the following scope of work: The SHUTTLE service will operate utilizing CONTRACTOR owned vehicles. The SHUTTLE will operate using fuel supplied by the City of Englewood, located at Englewood Service Center, 2800 South Platte River Drive, Englewood, Colorado. This RFP requests proposals based upon use of gas or CNG fueled vehicles, meeting the specifications in Exhibit C. No fuel costs should be associated with the cost proposal section of this proposal (Section 506). CONTRACTOR is responsible for providing vehicles that meet City specifications for type of vehicle selected -gas or compressed natural gas. The CONTRACTOR should have knowledge of Federal, State and Local rules and regulations and the ability to perform the required reporting and accounting function to ensure the City's compliance with these rules and regulations including but not limited to the provisions of the Americans with Disabilities Act. CONTRACTOR shall be responsible for management and operation of the SHUTTLE. CONTRACTOR shall manage SHUTTLE in accordance with the guidelines and parameters established herein and the attachments hereto. CONTRACTOR shall continually monitor program services, and as warranted, make recommendations to the City on performilnce improvement. CONTRACTOR shall provide all facilities, equipment, and services required for the operation and management of said services unless specifically identified to be contributed by City in this RFP. CONTRACTOR shall coordinate, manage, and control all necessary program activities, which shall include: maintain all vehicles, provide vehicle operators and all project personnel, train personnel as necessary, develop administrative procedures, compile 4 ' • • 0 0 financial and non-financial records, and develop methods to improve effectiveness and maximize service efficiency. CONTRACTOR will obtain and provide all required State and local permits and will ensure that all vehicle operators are properly licensed for service they are providing. CONTRACTOR must also have all applicable State and local business licenses or procure it prior to the start of service. A) Legal and Regulatory Requirements In performance of the services described herein, CONTRACTOR shall be responsible to comply with all applicable Federal, State, and local requirements, including but not limited to: Dn.ig and Alcohol Testing: The CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49CFR Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Colorado, or the City of Englewood, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The CONTRACTOR agrees further to certify annually its compliance with Parts 653 and 654 before December 31" of every year and to submit the Management Information Systems (MIS) reports not later than February 15" of e\·:'ry year to the City of Englewood. To certify compliance, the CONTRACTOR shall use the "Substance Abuse Certifications" in the N Annual list of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements, N which ,is published annually in the Federal Register. Americans with Disabilities Acts: All service provided by the CONTRACTOR on behalf of City shall comply with the applicable requirements of the Americans with Disabilities Act (ADA). The CONTRACTOR will submit for City's review and approval an ADA program and documents used for operator training. National Transit Database (NID) FTA Reporting Requirements: The City is required to submit accurate National Transit Database data for its SHUTilE. The City is subject to severe financial penalties for failure to report auditable data. The CONTRACTOR is responsible for becoming familiar with said reporting requirements for the SHUTilE program and to supply accurate financial and operating data, which complies with above de~cribed requirements. NOTE; CONTllACTQB shall be Qabls for the w,t of any fundjng Rmibin jmpoBsl on the c;sx due to the CONJBAQOR'S ftilvrs to comply wjth abovmmt;oned m>9rtin1 mvtmomtf. s ' • • ' . 0 8) Vehides and Equipment All vehicles and vehicle equipment required by this RFP shall be maintained by the CONTRACTOR in good repair and in a condition satisfactory to the City. The CONTRACTOR shall assume all responsibility for the proper maintenance of the vehicles. The CONTRACTOR must comply with all applicable federal and other statutes and regulations governing their use . BIDDERS must include a detailed description of the CONTRACTOR vehicles to be utilized for the SHUTTLE including current condition, year, make, model, mileage, number of seats, type of air conditioner and number of wheelchair tie-downs. CONTRACTOR vehicles must be available for inspection by City staff prior to contract award. CONTRACTOR'S vehicles need not be new but they must be 2001 or newer models. Bid documents require specification of gas or CNG vehicles proposed. Vehicles required for this SHUTTLE will be either gas or compressed natural gas. Specifications for vehicles are listed on Exhibit D . City reserves the right to select the type of vehicle proposed by BIDDER that best meets the needs of the system . BIDDERS need not propose both types of vehicles to be considered for this RFP. Bidder should utilize the Vehicle Description Form attached to describe each vehicle proposed in detail. Vehicles utilized in the fleet will be required to have the primary two vehicles exteriors equipped with the City designed marketing scheme which includes wrapping the vehicles in a commercially applied graphic. Additional costs for wrapping the vehicles will be the expense of the City, by metro-area supplier. CONTRACTOR must coordinate and have in place, application of the marketing graphics on all vehicles no later than ten (10) working days prior to start of operations. All vehicles used in the operation of this SHUTTLE shall be equipped with a two-way communications system between the dispatcher and vehicle and shall have adequate air conditioning as established by the vehicle manufacture. All vehicles shall have passed the annual emissions inspection required by the State of Colorado. The CONTRACTOR shall not place any advertising on the vehicles unless written authorization i s first obtained from the City. The terms and conditions of any approved advertising shall be subject to City approval, with all City decisions being final. The CONTRACTOR shall at all times have a vehicle available for use as back up in the event that one of the primary vehicles is unable to operate. Whenever a primary vehicle is disabled, the CONTRACTOR shall dispatch a backup into service within 30 minutes of the ti me when the disability first occurs. The back-up vehicle shall meet the same criteria as those of the primary vehicles, with the exception of vehicle graphics, in which case the words #ENGLEWOOD SHUTTLE " or other SHUTTLE logo (supplied by City) shall be d is pl ayed on the roller curtain . 6 ' • • • C) Vehide Maintenance CONTRACTOR shall be responsible for the maintenance of all vehicles, communication systems and other equipment required in connection with its operation of the SHUTILE services . Said equipment shall be maintained in a safe and operable condition at all times and in accordance with manufacturer's recommended maintenance procedures as well as with applicable Federal and State regulations. CONTRACTOR shall establish and maintain a systematic program of preventive vehicle maintenance. Each vehicle must receive a daily pre-trip inspection by the operator prior to being placed in service. Daily pre-trip inspections must be supplemented by regular time and mileage maintenance inspections to ensure safe and proper operating condition of vehicles. A record of all such inspections, repairs, and work orders shall be kept by CONTRACTOR and made available to the City upon request. The City reserves the right to audit the CONTRACTOR'S conformance with said maintenance program documentation as well as vehicle condition and overall performance of the maintenance system. Throughout the term of this contract, the CONTRACTOR shall, at all times and at its sole expense, cause all components of each vehicle to be maintained in safe and proper working condition, free from damage or malfunction. At its expense, the CONTRACTOR shall cause any vehicle damaged by collision or otherwise to be repaired as expeditiously as possible. Any vehicle, which sustains damage or experiences failure impairing safe mechanical operation shall be removed from service immediately, and shall not be reassigned until restored to safe operating condition. A vehicle removed from service permanently shall be replaced meeting original vehicle specifications immediately. The CONTRACTOR shall maintain vehicles in a clean and neat condition at all times. The interior of all vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. D) Penonnel The CONTRACTOR shall be solely responsible for the satisfactory work performance of all employees and for meeting any reasonable performance standards describe in the RFP or e~tablished by the City. The CONTRACTOR and its employees, subcontractors, and agents engaged in the performance of this project iCL11Q1 employees of the City. The CONTRACTOR shall be solely responsible for payment of all Its employees' and/or subcontractor's wages and benefits, in accordance with the payment schedules established for this project. CONTRACTORS' personnel wages and work hours shall be In accord with the local, county, and State regulations affecting such personnel. 7 ' • • Without any expense to the City, the CONTRACTOR shall comply with the requirements of employee liability, worker's compensation, employment insurance, and Social Security. The CONTRACTOR shall hold harmless the City from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices. CONTRACTOR shall prepare and furnish to the City and to all vehicle operators, dispatchers, telephone operators, and supervisors a VEHICLE OPERATOR'S MANUAL. Contents of the VEHICLE OPERATOR'S MANUAL shall include the following subject areas: vehicle operator's rules; accident/incident policy and reporting procedures; radio policies and procedures; vehicle inspection, care and maintenance policy and procedures, reporting procedure, and pertinent sample forms. CONTRACTOR personnel shall be trained in customer relation skills, accident/incident procedures, handicap accessible skills and shall have a detailed knowledge of applicable procedures and professional techniques. CONTRACTOR shall maintain an up-to-date personnel roster, which shall be submitted to the City on a quarterly basis. E) Project Manager The Project Manager will provide both on-line supervision and the management of the project's accounts and operating records and will report direcdy to and coordinate closely with the City. The Project Manager shall be available by telephone or in person during all hours of the operational day to make decisions or provide coordination as necessary at the request of the City. At other times, or in the event of the Project Manager's absence, another responsible person shall be identified so that there is someone with the authority to make decisions at any time during the operational hours. BIDDER shall describe the entire local project team and years of experience to be used to provide the SHUTILE services required in this RFP. After submission of the RFP, Project Manager must be available to answer questions from the City regarding their experience and capabilities pursuant to the services requested in this RFP . F) Vehide Operators Vehicle operators shall work on a schedule that will ensure a consistent and overall high quality of service. BIDDERS shall indicate their hiring standards in their proposal. All vehicle operators must meet Section JA Drug and Alcohol Testing standards, as well as the minimum standards listed below: 8 ., : • • 1 ) Not having been convicted of driving while intoxicated or under the influence of controlled substances within the preceding five years, or not have criminal charges pending for an offense for driving while intoxicated or under the influence of controlled subst ances. 2) Not have accumulated more than five (5) points on any State issued driver's license in the past five (5) years. 3) Not be addicted to the use of alcohol or controlled substances. 4) Not be subject to outstanding warrants for arrest. 5) Able to read, write and speak English. Bilingual skills in Spanish or other languages are highly desirable. 6) Thorough knowledge of the service area and the street network associated with the SHUTILE service area in Englewood. 7) Sensitive to passengers' needs, including assisting passengers in boarding and alighting, upon their request. 8) Able to handle complaints and problems as required . 9) Vehicle operators must be trained in all operational procedures relating to the services provided, including a minimum of 40 hours of training on: a) Colorado motor vehicle laws, local municipality regulation, (COL permit testing, CDL pre-trip, CDL maneuvers, CDL road test when required). b) Defensive Driving (8 hours minimum) c) Route maps and instructions d) Schedules, pullouts, destination codes, timed transfers, etc. e) Accident and incident procedures and reports . f) Fare box: logging on, fares, transfers, tickets, passes, etc. g) Radio procedures h) Passenger relations, customer service and information, diversity issues, security awareness i ) Lift procedures, loading and securing mobility devices, blind passenger exercises, calling transfer points/ major intersections. j) ADA regulations, service animals, elderly k) Testing throughout training to measure retention, final exam, service changes, uniforms, timepieces, rules and regulations, regular safety meetings, on-going training. Vehicle operators shall be in a uniform acceptable to the City, as described below, including nametags clearly displaying their name while performing their duties. Operators should present a professional appearance at all times consisting of a: 9 • • a) Shirt -Will be supplied by CONTRACTOR to include SHUTILE logo (design provided by City) on upper left chest area; long or short sleeve; 100% cotton pique; collared with two-buttoned packet; tucked in at all times. A turdeneck may be worn under the uniform shirt but not in place of the shirt. Tee shirts that are visible under the shirt shall be white, if worn. If any other color than white is worn, it should not be visible. b) Trousers -Dark brown, black, tan, or blue in color without cuffs. No denim is permitted. C) Socks -Dark brown, black, or blue in color. D) Shoes -Shoes or boots shall be leather. No running, tennis, canvas, open toe, open heel, or spike heel shoes are allowed. E) Hats -Operators may wear a dark baseball cap, with the authorized insignia of the CONTRACrOR, or a 100% wool stocking cap with similar insignia. F) Person -Operators shall maintain a neat, clean personal appearance at all times. Hands, teeth, ears, and fingernails shall be clean. Hair shall be neat, clean, combed, and acceptably trimmed and groomed. Hair must not obstruct the vision of the operator from either the front or sides. Drivers will, when requested by City, distribute notices to passengers or otherwise render assistance in City's monitoring and supervising operations. All customer requests and complaints received by the CONTRACTOR or City shall be documented on the City of Englewood Customer Service Form. CONTRACTOR shall fully investigate all requests and complaints and return, on or before the scheduled due date, the results of the investigation. G) Vehicle Dispatching CONTRACTOR shall be responsible for maintaining radio control of all vehicles in-service and for maintaining the daily dispatch log. Each vehicle shall have a two-way radio or other communication device. Once the vehicle leaves the CONTRACTOR'S operating facility, the operator shall communicate with the CONTRACTOR'S project manager or designated representative for all service related communication . CONTRACTOR shall provide phone number to facilitate immediate communication between CONTRACTOR Project Manager and the City. H) Computer C..Wlities 10 • • CONTRACTOR must have IBM-compatible computer equipment with Excel, Microsoft Word software and ~ail accessibility to communicate with City staff. At the request of the City, reports must be presented to the City both on paper and electronically. I) Fare Collection The cash fare for the SHUTTLE shall be determined solely by the City. CONTRACTOR shall record all boardings and shall report ridership figures monthly to City in accordance with the established reporting schedule. City reserves the right to change or eliminate the fare, and/or conduct fare reconciliation audits. The CONTRACTOR vehicle operators will collect fares for each one-way trip, record and deposit all fare revenues. The total amount of the fares collected is to be retained by the CONTRACTOR and deducted from CONTRACTOR'S monthly service invoice. CONTRACTOR shall provide City with copies of all individual daily Deposit Slips and Bank Deposit Advisees and the monthly Bank Account statement. This information shall be submitted to the City of Englewood for reconciliation of the daily deposits. The City will periodically audit the amount of fares being reported through fare box data, random audits, and other information available. Retained fares for SHUTTLE services provided pursuant to this Contract shall be exempt from sales or use taxes imposed pursuant to Article 26 of Title 39, C.R.S. Contract shall not otherwise be exempt from property, sales, Income, excise, or other taxes levied by Federal, State, or Local governments. J) Vehide Deployment In the event of a vehicle failure, CONTRACTOR shall deploy a vehicle within 30 minutes to replace the failed vehicle. The time the SHUTTLE is out of service shall not be charged to the City on the monthly invoice. K) Safety Program CONTRACTOR shall assume full responsibility for assuring that the safety of all passengers, operations personnel, and the City vehicles and equipment are maintained at the highest possible level. CONTRACTOR shall comply with all Colorado Highway Patrol ADA and OSHA requirements . L) Accident, Emergency, and Incident PnK:edurn The CONTRACTOR shall be responsible for the enforcement of policies with regard to operational emergencies. The City may revise or es~sh ..ddilic>Nl policies. The CONTRACTOR shall be responsible for the handling ~ resolution of~ operational emergencies and contingencies including, but not limited to, the following: 11 ' .. • • Hazardous Conditions Vehicle operators shall report all hazardous road conditions (i.e. downed trees, missing bus signs, graffiti on bus benches, malfunctioning signals, etc.) in the City to the CONTRACTOR'S Project Manager. CONTRACTOR, in turn, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel. Medical Assistance to Passengen The CONTRACTOR'S employees shall use good judgment in responding to passenger accidents, injuries, or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the vehicle operator shall immediately advise the CONTRACTOR'S Project Manager by radio of the situation and location of the vehicle and the Project Manager shall notify the City's Are Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the City no later that the start of the next service day. Accidents The City requires CONTRACTOR to have an accident and emergency notification program that keeps the City notified of accidents or emergencies and the progress of claims to assure City claims are promptly and fairly handled. The CONTRACTOR shall require all vehicle operators to report any accident or incident involving the vehicle to the CONTRACTOR'S Project Manager. The supervisor shall use good judgment in handling the situation, and shall notify police or fire department if necessary. All accidents must be reported to the City by telephone within three hours or at the beginning of the next business day, if accident occurs at night. and in writing within 24 hours. CONTRACTOR will complete an accident report approved by City with a copy to the City no later than the start of the next service day. The CONTRACTOR shall submit all accident -related reports to the DMV as required. CONTRACTOR must assume all liability for accidents and workers' compensation claims, etc. M) Operations and Maintenance Facility The CONTRACTOR shall have an operations and maintenance facility sufficient to enable the CONTRACTOR to effectively manage and operate the SHUTILE service. CONTRACTOR should identify and describe proposed facility. N) Indemnification The CONTRACTOR agrees to indemnify, hold harmless, release and defend the City, City Council and each member thereof, its officers, employees and representatives from any and all liability, loss, judgments, suits, claims, damages. costs and expenses (including attorney's 12 <, ' • • 0 . fees and litigation costs) which directly or indirectly result from or ari~e out of: (a) any activity, use or performance of this program; (b) any acts, errors or omissions of the CONTRACTOR, its employees, subcontractors, agents, etc. in conjunction with this project; or (c) any relationship between the parties. The release indemnity will cover, but is not limited to personal injury or death, property or other damage sustained by persons or corporations from any act whatsoever. The City makes no warranties with regard to the CONTRACTOR regarding loss or damage of any kind during the performance of the project. 0) Insurance All insurance carriers offered to meet City requirements shall be admitted to do business in Colorado. See Exhibit A for details of Insurance requirements. P) Records and Reporting CONTRACTOR shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for the City of Englewood pursuant to this RFP on computer and in hardcopy file for at least three (3) years following the date of final payment to CONTRACTOR by City. Any authorized City representative must have access to such records for the purpose of inspection, audit, and copying at reasonable times during CONTRACTOR'S usual business hours. All project records prepared by the CONTRACTOR shall be owned by the City of Englewood and shall be made available to the City at no charge. The CONTRACTOR shall certify as accurate all information given to City. All costs incurred in connection with this project and any relevant financial records and documents shall be recorded in accounts separate from those used for other business activities. Summary reports shall be provided monthly to the Community Development Manager. The monthly reports shall be received no later than the 10 .. calendar day of the following month. The format to be used for these monthly summaries shall be developed by the CONTRACTOR in cooperation with the City . Contractors should provide a sample monthly report i n their proposal. Daily Records Vehicle trip sheets shall be maintained by vehicle operators. The reports are to be retained by the CONTRACTOR to be used in compiling the monthly reports. From time to time, the City may request copies . BIDDERS should provide a sample vehicle trip sheet in their proposal. Logs Logs shall be compiled daily; and cover each vehicle operator, vehicle number and vehicle shift. The log shall include odometer readings, total hours, revenue hours, or 13 ' • • billing hours, total miles, first pick-up, and last drop off for each shift, and indicating times of lunches, breaks, road calls and any other service interruptions. BIDDERS should provide a sample dispatch log in their proposal. Accounting The Project Manager shall submit a monthly invoice to the City for the services rendered during the reporting period. All invoices and related records will be available for inspection and /or independent audit at the election of City. SECTION 4 -PERFORMANCE STANDARDS Services provided by the CONTRACTOR shall be operated to maximize productivity and service quality for the customer. The following performance criteria and standards shall be monitored monthly (a minimum of 40 trips) and evaluated at the beginning of each contract year. Standards may be adjusted to conform to the overall annual goals of the City and/or actual results of prior year's activities. On-Time Performance Performance Standard: The CONTRACTOR shall maintain on-time performance within zero (O) minutes early and five (5) minutes late of scheduled times. Ninety- five percent (95%) of all schedule times checked by the City, on a monthly basis, to meet the standard. Missed Trips Performance Standard: The CONTRACTOR shall "complete" scheduled trips in their entirety and within 10 minutes of scheduled time. Ninety-nine percent (99%) of all scheduled trips will be "completed", on a monthly basis, to meet this standard. Miles Between Road Calls Performance Standard: On a monthly basis, CONTRACTOR will maintain at least nine thousand (9,000) miles between mechanical road calls for buses used in the service to meet this standard. A "mechanical road call" shall be defined as any occasion when a mechanical failure (including a malfunctioning wheelchair lift and/or securement device) on a bus requires technical or supervisory assistance and/or delays by 5 minutes or more, or terminates a scheduled trip. Preventative Maintenance Inspections Performance Standard : 100% of preventative maintenance inspections must be completed within five hundred (500) miles of scheduled interval to meet this standard . Complaints Performance Standard : No more than one complaint for every 1000 passenger boardings will be received by the CONTRACTOR and the City to meet this standard . 14 ' • • 0 Safety Performance Standard : CONTRACTOR shall not experience more than 1.5 preventable passenger and vehicular accidents per 100,000 miles traveled to meet this standard. National Safety Council definitions of preventability shall be employed when assessing performance against this standard. Monthly Reports and Record keeping Performance Standard: Submission of required monthly reports and documentation of required vehicle maintenance is due within 10 days of the end of the month to meet this standard Financial Penalties and Incentives Due to the nature of the service to be rendered, the CONTRACTOR and the City of Englewood agree that it is extremely difficult to fix actual damages, which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and resulting in severe loss to the City. Therefore, both parties agree that the CONTRACTOR'S liability should be limited to and fixed at, the sums stated in this section as a penalty. Penalties are assessed daily as they are identified below, or monthly for on-time performance categories. The assessed penalties are then sent to the CONTRACTOR for response . Once the response is received, a determination on chargeability is made by City of Englewood. All penalties that are not responded to by the CONTRACTOR within 30 days will automatically be charged to the CONTRACTOR. The decision by the City of Englewood is final with respect to any assessment of penalties. The City of Englewood may rely on information supplied by the CONTRACTOR, by the public, by staff, or random samplings by City representatives in determining assessment of penalties and incentives. Trip sampling reports will be provided to CONTRACTOR on a monthly basis. 1) A penalty may be assessed at the rate of Fifty and no/100 Dollars ($50.00) per occurrence for each unauthorized deviation from the transit routes as described in the route map (Exhibit B). 2) A penalty may be assessed at the rate of Fifty and no/100 Dollars ($50.00) per occurrence for missed trips wherein the SHUTILE does not show at all. An incentive of Fifty and no/100 Dollars ($50.00) per month may be assessed when ninety-nine percent (99%) of all scheduled trips are completed, based upon trip sampling reports conducted by City of no less than 40 trips per month. 3) Based upon a random sampling by City representative of no less than 40 trips per month, the following percentages and penalties/incentives will be assessed compared to the published times: On time performance (O ,.._ e..ty to s ...,._ i..i.1 Penalty if 95% or less Incentive if 96% or more 95% of trips 1 % monthly invoice 1 % monthly invoice 15 • • 0 0 Trip sampling reports will be provided to CONTRACTOR on a monthly basis. 4) A penalty may be assessed at the rate of Fifty and no/100 Dollars ($50.00) per occurrence for each time a wheelchair lift does not function when needed, while in service or when requested by a City of Englewood representative. 5) A penalty may be assessed at the rate of Fifty and no/100 Dollars ($50.00) per occurrence for each incident where the exterior and/or interior of the shuttle is not clean. 6) A penalty may be assessed at the rate of Fifty and no/100 Dollars ($50.00) per occurrence for fa i ure of heating or air conditioning system to function properly while in service. 7) A penalty may be assessed at the rate of Fifty and no/100 Dollars ($50.00) per occurrence for failure to submit required monthly reports and vehicle maintenance records. 8) A penalty may be assessed at the rate of One Thousand and no/100 Dollars ($1,000) per day for the CONTRACTOR not meeting the designated start-up milestones as outlined in this RFP. City of Englewood reserves the right, at its sole discretion, to allow extenuating circumstances to excuse the imposition of penalties. The assessment of penalties provided herein shall in no way whatsoever relieve the CONTRACTOR of its obligations to provide the services required by the terms of this RFP . SECTION 5 -EVALUATION PROCEDURES AND CRITERIA An Evaluation T earn selected by the City will conduct the evaluation of proposals. The team will evaluate the proposals based on their responsiveness to City requirements and needs . As part of the evaluation process, interviews with the CONTRACTORS, inclusive of the recommended Project Manager, may be conducted. The City reserves the right to act as sole judge of the content of the proposals submitted for evaluation and selection, and reserves the right to reject all proposals, waive any irregularity in any of the proposals, or cancel or delay the project at any time. While the City favors economy and efficiency in all services paid for with public funds, price is not the only relevant factor in the City's choice of a CONTRACTOR. After an evaluation of all portions of the proposal includin& without limitation, level of experience, equipment, terms of service, references and price, the BIDDER who proposes the lowest price for the services required may not necessarily be awarded. 16 t • • Evaluation of the proposals will be based on the competitive selection process, in which the evaluation of proposals will not be limited to price alone, but to the four criteria outlined below. This RFP has been structured to provide specific requirements, which function as a standardized framework for evaluation of prospective CONTRACTOR'S qualifications. Proposal instructions, conditions, and content are outlined in Section 5 of this RFP. The Evaluation Team will grade and rank responsive proposals in accordance with the following evaluation criteria: A) Staffing and Penonnel Program 30% Emphasis will be placed on the Project T earn, and in particular, the Project Manager, adequacy of training programs and demonstrated safety record. Consideration will also be given to scheduling; vehicle operator; vehicle deployment and daily/monthly project reporting; the location and description of the facility; adequacy of computer and phone system; demonstrated experience in similar projects; references; understanding of system requirements; and ability to meet system performance goals, as well as comply with all technical and administrative requirements. Accounting, reporting and insurance will also be considered B) C) D) Total Cost Financial Viability of Firm Experience and Technical Competence SECTION 6 PROPOSAL INSTRUCTIONS, CONDITIONS, AND CONTENT 25% 15% 100% All proposals shall be firm offers and may not be withdrawn for a period of four (4) months following the date to set to receive proposals. The following shall be considered an essential part of this RFP . A) Submi11ion of Proposals BIDDER shall submit proposal, which shall include at minimum those items outlined in Paragraph D of this section . BIDDER is encouraged to respond to all requirements contained in this RFP to facilitate a comparative evaluation at the City's sole discretion. Proposals must be submitted with all attachments. Unacceptable conditions, limitations, proviso s, or failure to respond to specific instructions or provide information requested will be considered non-conformity and may result in rejection of the proposal. The City reserves the right to request further information from the BIDDER. either in writing or orally, to establish stated qualifications. Submillions of a proposal lhall consdtute 17 t • • acknowledgement and acceptance of all of the terms and conditions contained in thi1 RFP and all forms and appendicea attached hereto. All responses become the property of the City of Englewood. B) Tentative Schedule Issue RFP-04-122 April 5, 2004 April 16, 2004 1) 2) 3) Deadline for submitting email questions Proposals due, non-public opening is held, Initial evaluation begins April 26, 2004 at 2:00 p.m. 4) 5) 6) Negotiations, follow up and final BIDDER Selected by Evaluation Team May 14, 2004 (Final selection dependent upon Council approval) Contracts executed July 2004 CONTRACTOR starts service September 7, 2004 C) Preparation, of Proposals The proposal shall be typewritten, on 8 .5" x 11" white paper and bound in a secure manner. Proposal should be as brief as possible, and address each item requested in this RFP. If BIDDER wishes to submit material and data that is not specifically requested, this material must be included In an "Additional Data" section. If an individual submits the proposal, it shall be signed with the full name and address of the BIDDER. If it is submitted by a partnership, it shall be signed with the partnership name and by an authorized general partner, and the full name and address of each general partner shall be given. If it is submitted by a joint venture, it shall be signed with the full name and address of each partner thereof. If it is submitted by a corporation, it shall be signed by the president or designated officer of the corporation. formal proof of authority, such as the corporate resolution is adequate. A simple letter is not sufficient. In all cases, each signature must have the proper acknowledgement of execution attached to the proposal form or included elsewhere in the proposal. More th an one proposal from an individual, firm, partnership, c orporation, joint venture, or association under the same or different name will not be considered . D) Content of Proposal In order to be deemed responsive, they must include, but need not be limited to the following information: ~ 18 •• t .. • • 1) Cover letter This section shall be on the company letterhead and provide a brief description of the services to be provided, and highlight the major points of the proposal. An individual authorized to bind the company must sign the letter. 2) Experience and Technical Competence This section should include a description of the firm's organizational structure, history, list of owners and officers, capabilities and experience, and manapment philosophy. The BIDDER should also provide a 11st of references of three (3) dents with similar projects, including name, address, telephone numbers. and ....... and dates of service. BIDDER should demonstrate capability to manaee and operate an efficient service. References will be checked. local references are preferred. Subcontractors should be noted. 3) financial Viability BIDDER shall provide a financial statement, as prepared by a certtled pubic accountant, for their prior fiscal year, consisting of a balance IIINI. prolt and lou statement and such other financial statements as may be appropriata. which 1h11 demonstrate that the BIDDER possesses adequate tlnandal abllty and ltllbllly lo enable the BIDDER to fulfill their obligations under the terms of this RFP. H requested by the BIDDER, such information shall be trNled as confldenllal by the City and shall not be subject to public disclosure. These documents must depict the financial status of that entity, a,bskla,y, division. or subdivision thereof, which will actually provide services. H the BIDDER is a partnership or Joint venture, individual financial statements must be submltlld for each general partner or Joint venture thereof. Consoldaled balance sheets and profit/loss statements depicting the financial status of a Parent Corporation or joint venture shall not be considered an acceptable response. The BIDDER must detail an adequate computerized management Information system to implement and maintain the data collection accounting and reporting requirements of the RFP, and provide samples of operating and accounting reports to be produced. BIDDER must demonstrate familiarity with collection recprements of the National T!ansit Database (NTD). 4) Insurance The insurance requirement s of th is RFP will be considered minimum requkements and must be complied with in every respect. Mini mum Insurance requnmen1S .e outlined in Exhibit A -General Proposal Terms and Coocllloos. BIDDER mu st state renewal dAles and nust pnw6de • 111111m• for th e previous five )'NII. The al loll ...... anc:e clai ms, which may be penclna • pteNIII 5) ~ ... ,.... ....... _. Staffing BIDDER must submit a proposed staffing plan indicating all management and staff employee positions and the number of full-time equivalent employees as each position. The staffing plan shall outline the qualifications and level of responsibility for each. A Project Manager shall be designated and identified with a detailed resume submitted for him or her. The prospective project manager must be available to answer questions from the City during the negotiations phases. Failure of the BIDDER to provide the Project Manager indicated in this proposal may be cause for cancellation of contract award or termination of the contract between the CONTRACTOR and the City. Staffing plan should indicate number of vehicle operators and management staff committed to the SHUTILE. Penonnel Program This section should include wage and benefit schedules for each operator and other associated staff. Describe the program for recruitment, selection, performance review, and training of vehicle operators and dispatchers. Describe both initial and on-going training as outlined in Section 4F8. 6) Operations and Maintenance Program Safety Program Document BIDDER'S safety program along with the most recent safety statistics (i.e. accidents per 100,000 miles) for CONTRACTOR operations. Operations BIDDER should provide an overall description of the proposed operations: The description should include: Description of sch , · 18 and dispatching of vehicles, along with spare location and method for activatinis spare in case of accident, or in maintenance rotations. Description of fare handling and accounting procedures. Description of process for reporting and following up on complaints. Procedures for complying with all the reporting requirements. Include sample fonns, if available. BIDDER should describe their experience in using programs or computer software to keep up-to-date vehicle operators schedules, logs, user records, or other important records. Maintenance Program 20 t .. • • - Describe your vehicle maintenance pros,arn such ,as ~ b routine, and scheduled maintenance. Describe cit.ltions from enbcement '119fflCies during the past twenty-four months for operating unsafe/deficient equipment. St.iirt-up Plan The BIDDER shall submit a proposed start-up pl.iin setting forth the sequence oi events and associated time requirements proposed to be undertaken from the point of award through the full month of system operations under a new contract. BIDDER must include the location and a description of the CONTRACTOR'S proposed facility and equipment to be provided in this pr<>;ect. Biddef ~ illlso detail the distance from the City of Englewood, CityCenter illl 1000 Englewood Parkway. COit Each of the cost forms provided in the i1IPJ)efldix must be submitted ills part of the proposal. All forms must be filled out completely and include i11H the requested information. CONTRACTOR should illlso indic.iite i110 -out of contrillCt" rillte b speci.iil services . If your proposal does not include i1III of the illbove i1emS, it may be deemed norHesponsive, and will ultimately be rejected fTom further l!'\'illu.iilion. SECTION 7 • QUESTIONS Que lion regarding this Request for Proposal should be directed vi.ii electronic mail only to: Lauri Dannemillef, Senior MillO.iiger E-mail address: ldanoemjlte,eenglewoodgpy,org t • • BIDDERS CHECKLIST __ Description of services to be provided __ Scheduling methodology __ Proposed staff __ Resume of Project Manager __ Preventative maintenance program __ Start up Plan __ Sample forms, logs, and vehicle trip sheet __ Description of operating and maintenance location, distance from Englewood __ Description of Computer Systems __ Training Programs __ Financial Statements __ Insurance Coverage Fonns __ Reference Forms __ Cost Proposal #1 (Gas) and #2 (CNG) for Alternative #A and Alternative #8 __ New Veh icle Identification Form (if needed) __ Used Vehicle Identification Form (if needed) __ Non-collusion Form 23 t • • EXHIBIT A GENERAL PROPOSAL TERMS AND CONDITIONS Contract Requirement -The CONTRACTOR to whom the contract is awarded shall execute a written contract with the City within ten (1 O) calendar day5 after notice of the award has been sent by mail to the CONTRACTOR at the address given in the Proposal. The contract/agreement shall be made with the form adopted by the City and incorporated in these specifications. The CONTRACTOR warrants that he/she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District Laws, Ordinances and Regulations that are applicable. Conflict within RFP Document -CONTRACTOR agrees that if there is a conflict within this document, or a conflict or repetition or ambiguity within the document, the City shall be the sole person to decide which information or provision shall govern, to the interest of the City. Omissions are not term, conditions, or items for conflict purposes. Contract Allignment -The CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City of Englewood . Non-Discrimination -In the performance of the terms of this contract, the CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ to engage in, discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such person(s). Communications regarding RFP -If a CONTRACTOR is doubtful as to the true meaning or intent of any part of the Contract Documents, he/she may submit to the Community Development Senior Manager a written request for an interpretation or a correction thereof. Interpretation or corrections of the Contract Documents shall be made only by addendum duly Issued by the Senior Manager, and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents, and such addendum shall be considered a part of, and incorporated in, the Contract Documents. All ti mely reque st s for information submitted in writi ng will receive a written response from the Ci ty . Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. Payment Terms -The City's payment terms are 30 days from the receipt of an original invoice referencing the City's Purchase Order number and acceptance of the services. Maximum number of invoices paid per year is twelve (12) and no more than one invoice shall be paid within a 30-day period. OwneRhip of Reports and Data -The ori ginal s of all studies, reports, exhibits, documents data and/o r material (s) prepa red and/or used to comply with any section/ condition of 24 •• t • • 0 0 these specifications, plus any copies of same required by the agreement to be furnished to the City, shall be deemed to be public records which shall be open to inspection by the public and, as such, shall remain the Property of the City. Property Rights -Proposals received within the prescribed deadline become the property of the City and all rights to the contents therein become those of the City. Confidentiality -Prior to award of the contract, all proposals will be designated confidential to the extent permitted under the Colorado Open Records Act. After award of the contract. or if not awarded, after rejection of all proposals, all responses will be regarded as public records and will be subject to review by the public, with the exception of that portion deemed confidential in Section D(3) Financial Viability. Amendments to Request for Proposals -The City reserves the right to amend the Request for Proposal by addendum prior to the final proposal submittal date. Contract Term -This contract will cover services provided from September 7, 2004 through September 6, 2005 and may be executed annually for up to two successive years, upon mutual consent of the parties . The fee proposed by CONTRACTOR shall be valid for the entire period unless otherwise conditioned in the Proposal. Non-Exdusive Contract -The City reserves the right to contract with other Transportation Service firms during the contract term. Insurance · The CONTRACTOR shall meet the following provisions (Section 1 through 7) relating to insurance coverages. 1. General Conditions -Without limiting the CONTRACTOR'S indemnificati~n of the City, CONTRACTOR shall provide and maintain at its own expense the insurance listed under Section 7 (Evidence of Coverages ) covering its operations, subject to the following conditions: a) The City, its Boards, Officers, Agents, and Employees shall be induded as additional insured in all liability insurance policies except for Worker's Compensation and Professional Errors and Omissions. The City shall be named Loss Payee as its interest may appear in all property insurance. b) Such insurance shall be primary with respect to any insurance maintained by City and shall not call on City's insurance for contribuijons. c) With respect to the interests of the City, the CONTRACTOR'S insurance shall not be cancelled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the Risk Manager, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 80110, and shall contain an unequivocal clause so stating. 25 ' • • 0 d) A City approved endorsement or copy of insurance policies providing coverage shall be submitted to and approved by the Risk Manager prior to commencement . of any work. 2. Worker's Compensation -The CONTRACTOR shall procure and maintain during the life of the contract, worker's compensation insurance or a valid certificate of consent to self- insure for. all its employees engaged on or at the site of the project; and in case any of the work is sublet, the CONTRACTOR shall require all subcontractor's to similarly provide worker's compensation insurance for all the latter's employees unless such employees are covered by protection afforded by worker's compensation insurance carried by the CONTRACTOR. 3. Aggregate Limits/ Blanket Coverage -If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of the CONTRACTOR outside these specifications, CONTRACTOR shall give the City prompt, written notice of any incident, occurrence, claim, settlement, or judgment against that insurance which may diminish the protection that such insurance affords the City. CONTRACTOR shall further take immediate steps restoring such aggregate limits or shall provide other insurance protection for such aggregate limits. 4. Modification of Coverage -The City reserves the right at any time during the term of any contract executed with the CONTRACTOR pursuant to these specifications to change the amounts and types of insurance required hereunder by giving the CONTRACTOR ninety (90) days written notice. If such change should result in a premium increase in excess of ten ( 10%) percent to the CONTRACTOR, the City agrees to negotiate additional compensation proportional to the increased benefit to the City. 5. Failure to Procure Insurance -The CONTRACTOR's failure to procure or maintain the req\lired insurance shall constitute a material breach of contract under which the City may immediately terminate the Agreement or, at its discretion, procure or renew such insurance to protect the City's interests and pay any and all premiums in connection therewith, and recover all monies so paid from the CONTRACTOR, or deduct all monies so paid from payment(s) due to the CONTRACTOR . 6. Underlying Insurance -The CONTRACTOR shall be responsible for requiring indemnification and insurance as it deems appropriate from its employees receiving mileage allowance, contractors, agents, and subcontractor(s), if any, to protect the City's interests, and for ensuring that such persons comply with any applicable insurance statutes. 7. Evidence of Coverage -Evidence of coverage as checked below, having as a minimum the limits shown, must be submitted and approved prior to commencement of work or any tenancy. Amounts shown are Combined Single Limit (CSL). Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount. 26 ' • • Description Worker's Compensation (X) Employer's Liability ( ) Waiver of Subrogation General Liability (must be written on an Occurrence Form) (X) Premises and Operations (X) Contractual Liability (X) Independent Contractors (X) Products/Completed Operations (X) Broad Form Property Damage (X) Personal Injury (X) Broad Form Liability Endorsement Automobile Liability (must be written on an Occurrence Form) (X) Owned Automobiles (X) Nonowned/Hired Automobiles (X) Garage Keeper's Legal Liability Professional Liability (Errors and Omissions) (to be in continuous force from date of award until one year after final acceptance of the project) Limits $250,000 (Statutory) $3,000,000 (Combined Single Limit) $5,000,000 $1,000,000 Non-commitment of City -This Request for Proposal does not commit the City to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interests of the City to do so . Public Domain -All products used or developed in the execution of any contract resulting from thi s Reque st for Proposal will remain in the public domain at the completion of-the contract. Te rmination -The City reserves the right to terminate this agreement upon thirty (30) calendar days from written notice to the CONTRACTOR . Inspections -The City reserves the right to inspect the work being accomplished by the CONTRACTOR at any time. 27 ' • • Exhibit I Englewood Clmalator SHUTILE Route Map ) • l ' i i l i i l i I i i 1--• i i I ! ! . . . • . . . . ,, :, ~ '::.: -f -, __ --~ u • ~ I ~ .... :p··· ---' .. • • I •• i. ~ ... • I ~J ~ -~ tf ra " L..,., t:--,....,_ LJ 1---t---r,...., I 'I I ~a11a11d~ .... •••••~......,c..., .... ,.... 1---·--*""-------. ---1 ~., .. , -~ ... -,, 1 • • ... 8 ... 28 EXHIBrTC Vehicle Spedfic:ation1 Vehicles proposed must meet the following minimum or maximum standards: 1. Fuel type: Vehicles must be equipped to utilize gasoline or compressed natural gas. City will not supply conversion packages nor provide for conversion costs of vehicles. However, those proposals which yield the lowest fuel costs over the life of the contract may given preference in selection. 2. 3. 4 . 5. 6. 7. 8. 9. 10. Note: Seating: Minimum 12 passengers and 2 wheelchair spaces and tie downs Maximum 20 passengers and 2 wheelchair spaces and tie downs Class: Cut-away, Body-on-chassis Year : 2001 manufacture date or newer Emissions : Must provide proof of 2004 emission standards tests Condition : Interior should be free of any major defects and flaws Headroom: Minimum of 8 ft Length: Maximum 24 ft Heat/Air: Working heating and air conditioning units Lifts: Fully operable wheelchair lift A) CONTRACTOR vehicles must be available for inspection by City staff or third party prior to contract award . 8) No small buses will be accepted C) No school buses will be accepted 29 •• • ... • • EXHIIITD ~OPOSAL FORMS This page is left intentionally blank. Cost Pn,poul 11 Please detail proposed costs in both Alternative A and B for 'rneMnr pgwcr,d Yehk;la, Mlilmall¥e IA (1:30am • 1:30pm) v ... itt v ... a v ... a Labor ~ Maeriall, Suppliel and Mainl8nance (Elu:ludlng fuels) Olli. (PINN delail below) . . . TOlal,...ONIICoat Alllmlllw9 • (l:30aln-t:._.; 11:ao .. -1:ao,.; v ... itt v ... a v ... a s:-···---· Labor Maariala, SlippliN and Ma••ice (Eldudlng fuell) ·, .. Olli. ( PINN delail below) . . . ~ TOIII Pfa, au• Coat Cost Proposal #2 Please detail proposed costs in both Alternative A and B for CNG Powered Vebidet, Altamallve #A (1:30am • 1:30pm) YNrl1 Year#2 YN1''3 Labor Maleriala, Supplies and Maintenance (Excluding fuela) Other (PINN detail below) ~ . . . Total PropoNd Coat Alllmallv9 #8 (l:30am-1:30am; 11 :30 am -1 :30pm; v .. 11 YN1'#2 YN1''3 3:......_.:..,..., Labor Materials, Supplies and Maintenance (Excluding Juell) " Other ( PINN detail below) . . . Total Prol!Ned Coat Total Out~..Contrac:t Hourly Rall( CNOt I CONTRACTOR'S REFERENCE FORM -PART I The contractor shall furnish the following information. Failure to complete all items will cause proposal to be non-responsive and may cause its rejection. Contractor's Name and Street Address: Contractor's Telephone Number: ( Facsimile Number: E-Mail Address: ) ________________ _ ) ------------- ) ________________ _ Contractor's State Transportation Licenses: ----------------- Type of Company (Individual, Partnership, or Corporation): ------ If a Corporation, under the law of which state: --------------- Years in Business: ------ List the names and addresses of the principal members of the firm and titles of the principal officers of the corporation or company: Number of year's experience in the public transportation service industry: ------ 33 t • • CONTRACTOR'S REFERENCE FORM -PART II Client List for Transportation Services Currently and/or Previously Provided: Client Name: ------------------------- Client Address: -------------------- Contact Person: -------------------- Telephone Number: -------Period of Service:. _____ _ Services provided: ------------------- Client Name: -------------------------- Client Address: -------------------- Contact Person: -------------------- Telephone Number: -------Period of Service: ______ _ Services provided: ------------------- Client Name: -------------------------- Client Address: -------------------- Contact Person: -------------------- Telephone Number: -------Period of Service: ____ _ Services provided: ------------------- (USE ADOITIONAL SHEETS AS NECESSARY) 34 NEW VEHICLE IDENTIFICATION FORM All bidders shall provide the following information for each type of vehicle the bidder proposes to use in this project. Bidders must submit photographs of each vehicle's exterior, including description of interior seating configuration. Attach photographs to this form. FOR NEW VEHICLE~: Number of Vehicles Provided: --------------------- Primary or Back-up Vehicles: --------------------- Vehicle Type/Model/Manufacturer: ..... .....a.. ......... --'-'--------------- Date of Manufacture: ----------------------- Passenger Seating Capacity: ---------------------- Engine/Transmission Type: ---------------------- Overall Length/Width/Height: ------------------- Wheelchair Accessible? Y /N If yes, how many tie-downs? ------ Wheelchair Equipment (Describe Type/Model/Manufacturer) ---------- If any used vehicles are proposed, complete Part II of this form. 35 USED VEHICLE IDENTIFICATION FORM If used vehicles are proposed by the contractor for use in this project, this form shall be completed. Number of Used Vehicles Provided Hem v.J.1...1 .. 1 V.J.l...la'} Vehide 3 Vehicle used as primary or back-up? Vehicle tvne u -- Manufacturer/Yr Passen11:er seatin11: caoacitv Tvrn> of enizine Wheelchair accessible? Total accumulated vehicle miles ~ Miles since last overhaul Tire condition If vehicle is equipped with a wheelchair lift, describe type/model/manufacturer and attach photograph. USE ADDITIONAL SHEETS AS NECESSARY TO COVER ALL PROPOSED VEHICLES . 36 l'ROPO~ \ I. IO PIH)\ 11)1,: S rrul l'l,r .J 1! Ir in 1r C'1 1 q'r",IVOOCJ I f' Y O f · E GLEWOOD LAIDLAW TRANSIT SERVICES INC -' \ 0 TABLE OF CONTENTS 1.0 Experience and Technical Conlpet9itce ....... _ ........ _ ......... 1 1.1 Organizational Structure ••......••.••.....•..•.••.•...•....••......... 1 Area Ovanllght. ................................................... 2 1.2 History .......................................................................... 5 1.3 Owners and Offlcera ••..... ····•··••··•·········•·••····•···•·••·······• 5 1.4 Capabllllea and Experience········································· 8 1.5 Management Phlloeophy .............................................. 7 1.8 Ref8f9flCINI ·································································· 8 1. 7 SubcontraclDnl •......................••.......•............................ 9 2.0 Fll•iclal ~------... -............. ·--·-·--·-10 2.1 Flnanclel Stitement8 ................................................. 10 2.2 Managenlent lnfonnatlon SY8terna ··············•············· 10 2.3 Natlorial Transit Databaae Collection ......................... 12 3.0 ......__·-·--·--·-·····--····· .. ·--·-· .. ··--··-· 14 3.1 Required Insurance .................................................... 14 3.2 t.oea Experience ........................................................ 14 8tatllng and .......... ,.. Pnlgraln..---·-·-·-·--·-·-· 15 4.1 Staffing ...................................................................... 15 4.2 Pereori'lel ~ .................................................... 18 Wage and Berielll Schedulee ..................................... 18 Reciulllnent and Selection ......................................... 19 4.0 Perfonnance Revlaw .................................................. 24 Tl'lllnng of Vehicle <>Derma and Dilpelchera .......... 28 Dllpalctw Tl'llnlng flroceduraa ................................. 28 5.0 OperallaM and :0 I.._ Pl'og,M,-31 5.1 Saf9ly Prograna .......................................................... 31 5.2 Openidlol• ................................................................. 35 Prqect Undar•ldlng ............................................... 35 Sdl8dullng and DilplllchSlg of Vehlclee •••••••.•..•••..••.• 36 Spare LocatlonfACINlllng &pant ................................ 36 Fare Hancllng and Accounllng Procedurea ................ 36 ConlS)lalnl Reeolllllon PIOCIIIIII ................................... :r, Reporting Compliance ............................................. -38 5 .3 Malntenance Program ................................................ 38 Enlorcernent Aoflrrcy Cllatlona ................................... 45 5.4 Start-Up Plan ............................................................. 45 5.5 Operationa and Mlinlenlnce FIICilty ......................... 46 Propowl Colll-47 flequlnd Ponne-41 lAIDlAW TRANSIT IERVICl!I , INC • • ATTACHMENTS A R88Lrn98: > BIRl-lipJ>, > Susan Spry, > DougGles. > Peter Briggs, > Rick l-llllnger. > Blake Vaughan, > Joelyle, B Sample Reports Projec:t Manager Vice Praeldent of Operations Area General Manager National Manager ~ Human Reeources Area Manager of Maintenllnce D1n1c:1Dr of Drtvar Development a Safety Director of P1amng a Sc:heduq Serw:ea .. FO.A .. EWO __ .. R.D 11111 ANDiiiii 11111 W .. AR_.AANTY __ .... _____ 0 EJIICIIPl to ltl8 exlllnl DNMdld t,r ltl8 Fedllnll Freedom of lnlormatlon Ad or .., ... 11811 ar local Qw, .. data In tt1il ~ .... not be cllcaed amide .. City of £:liglMt DOd (Clly), Cokndo or dl9cmed In wtlOle or In pall tor -, olllf ~ Dwl to.-. ..... DRIIIOIII; piCMdld 1111. I a cannct II awarded to LalclN T .... Silrvaa. Inc. • a ...a of or In COii..., ............. of IUCh dlla, .. City .... hive the rts,11 to duplcalll, 1M ar cllc*a .. dllll IO .. llldlnl pnMded In .. connct This Nllrlcllan doel not llmll lM Qty .. rts,11 IO UN IUCh lnlonnalion w,talned hef'NI I I la ol1tal11ed ffllffl another 9QWC8. CITY OF ENGLEWOOD PROPOSAL TO PROVIDE: Circulator Shuttle in the City of Englewood SUBMITIED TO: Lauri Dannemiller, Senior Manager Community Development Department City of Englewood 1000 Englewood Parkway Englewood, CO 80110 PROPOSAL CONTACT: Mr. Doug Gies Area General Manager 30 South Raritan Denver, Colorado 80223 Telephone: 303-454-6980 ext. 222 Facslmilie: 303-454-6993 E-mail: Doug .GINOlaklawtranlit.com LAIDLAW TRANSIT SERVICES , INC ... ... .. .. .· • t • • ·• • -0 LAIDLAW TRANSIT SERVICES. INC .----------------------- April 23, 2004 5360 COLLEGE BOULEVARD • PD BOX 7061 • SH AWNEE MISSION • KANSAS • 66207·096 1 PHONE (913) 3"5·1986 • FAX {913) 3"5·9974 Ms. Lauri Dannemiller, Senior Manager Community Development Department City of Englewood 1000 Engfewood Parkway Englewood, CO 80110 RE: RFP for a Circulator Shuttle In the City of Englewood Dear Ms. Dannemiller: Laidlaw Transit Services, Inc. (Laidlaw) is pleased to submit this proposal in response to the City of Englewood's Request for Proposal (RFP) to provide fixed-route shuttle service. We understand that the new Englewood Shuttle service will begin operations on September 7" 2004. This service will utilize "cutaway" style transit vans operating between the hours of 6:30 am and 6:30 pm. Service will ~rate weekdays throughout the year, approximately 255 days per year. The service wlll offer increased mobility to employees, lunchtime crowds, and to people accessing Englewood retail centers. Those residents dependent upon transit will find this service easily accessible and convenient due to the frequency of the bus operation. Ten-minute headways will afford convenience and ease of use for those needing this service. Laidlaw Transit will provide three cutaway vans, the drivers, maintenance, and supervision, as well as insurance for this project. The City will provide route and fare structure, as well as fuel for the project. Laidlaw's proposal offers the City: };> Our experienced Project Manager, Bill Hipp, who looks forward to partnering with the City; };> Superior training programs that are evident in our AFR, which is less than one- third of the national average; };> Our excellent location at 30 S. Raritan St., already established and in good position for vehicle deployment; J;;. Laidlaw's excellent management information systems; };> Our experience with similar systems, includng Southeast Transportation Authority, Blackhawk, Colorado, and the University of Colorado Health Sciences Center; · };> Our 20 years of fixed-route experience; and, ,. Our understanding of the requirements of this system. We look forward to establishin~a working relationship with the City. We acknowledge receipt Addendum #1, dated ril 20, 2004. Laidlaw's proposal remains valid for four months past the proposal due ate. Mr. Doug Gies, our Area General Manager, will be your contact person for this proposal. He will contact you next week to discuss the next steps. Mr. Gies can be reached at Laidlaw Transit Services, Inc., 30 South Raritan, Denver, Colorado 80223, 303-454-6980 ext. 222, 303-454-6993 (fax) or by e-mail at Doug .Gies@laidlawtransit.com . Sincerely, ID ~ T~T-SEiES, INC. ,am~~ enior Vice President u The Drive for Excellence ., ' .. ! • • • CERTIFIED COPY OF A ~OLUTION OF THE DIRECTOR OF LAIDLAW TRANSIT SERVICF.S, INC. "BE IT RESOLVED THAT: William H. Yates, Vice-President/General Manager of the Company is hereby authorized to sign all such documents as arc necessary for the Company to submit proposals, bind the Company regarding pricing offers and execute contracts for and on behalf of the Company." ••• I, Susannah H. Riggs, Secretary of Laidlaw Transit Services, Inc . (the "Company''), hereby certify, in my capacity as an officer of the Company and not in my personal capacity, that the foregoing is a true and com:ct copy of a resolution duly passed by the sole Director of the Company on March 25, 1996. Dated the 16111 day of ~h. 1998. '-'d=--'--:N. f.;t =ff.Riggs, o ·• • • n !· \ '·3-' 1.0 EXPERIENCE AND TECHNICAL COMPETENCE 1.1 Organizational Structure Laidlaw's organizational structure is decentralized in nature. By operating our business (ll, Ir,( ,ii tr• 1111 I' , 11pprn t, (I Ii, l 11rll 1 • ' 11 l t 1 ( 11, 1 I r 1, ' : < 11 h r Jf r 1 • , 1, 1, ( 1 in this manner, we are a large company of many local businesses. Local managers are vested with a great deal of decision-making authority. This operating philosophy Is rooted In our belief that local management understands and delivers service In a way that best meets the needs of our customer. our local team Is supported by Laidlaw's national network of resources: li> Senior Vice President -BIii Yates li> Vice President of Human Resources -Bob Antoine );> Vice President of Safety and Security -Frank Clccantlla li> Vice President of Fleet and Maintenance -Hayward Seymore li> Vice President of Finance -Larry SIMI );> Vice President of Information Technology -Mike Wade. The support teams at our corporate level, and led by the senior management team identified above provide support and oversight as follows: Operatlona Support Operations and management support staff provide all aspects of OV8l'8ight management for Laidlaw's public operations in the United States. They are responsible for establishing and monitoring policies to ensure that Laidlaw consistently provides exemplary quality service . Human Resources Support ll r \' 1 ! •1 l · 1 ' pr' \ I ! ' 1 1' l I\ + + I I ' I' I, '. '' I Human Resources support staff are responsible for the overall integrity of human resource programs, labor negotiations, Equal Employment Opportunity, employee benefits and career development. Safety and Training Support Safety and Training support staff design nationwide safety and risk management programs and then monitor their performance. Staff conducts ongoing safety analysis and monitors contract compliance with our established safety standards . Fleet Malnt.,,.nce Maintenance support staff establishes standards for fleet maintenance that meets or exceeds manufacturer standards. The staff conducts ongoing maintenance , environmental and facility audits to assure safe operating procedures. Staff develops and encourages the ongoing training of mechanics In the field through the payment of ASE training and certifications . The corporate staff manages a national purchasing program that benefits our customers through the purchase of the hlgheet quality parts and materials at the lowest possible cost. -1 -LAIDLAW TRANSI T S E RV ICES . I N C t I-. f • • • ·• • • ·r ,J r--·,~.J Financial Management Accounting staff oversees financial management, strategic planning and asset management. This support staff directs all financial activities including financial planning, forecasting, accounting and payroll. IT Support Laidlaw's Information Technology department provides support for the company's extensive computer systems and LANNI AN networks connecting approximately 104 operational locations coast-to-coast. In addition, this team has developed proprietary software integrating paratransit and fixed-route operations, vehicle maintenance and payroll processing. The IT department also supports the corporate-wide use of all financial, and human resource related software. These programs help Laidlaw maximize the advantages of technology in order to operate efficiently and remain competitive. Area Oversight The City's service falls under Laidlaw's area office directed by Area Vice President, Susan Spry. Reporting to Ms. Spry are several support personnel-each specializing in one or more aspects of our business: » Area General Manager -Doug GIN l> National Manager of Human Resources -Peter Briggs » Area Manager of Maintenance -Rick Hlttlnger l> Director of Driver DevelopmenVSafety -Blake Vaughan }> Director of Planning and Scheduling Services -Joe Lyle. The Area Team is available for ongoing support and assistance . They also have ongoing responsibility for each of their areas of expertise to ensure that each project location complies with Laidlaw policies and procedures. Vice President of Operation. Suaan Spry -With more than 20 years' experience in the transportation industry, Ms. Spry has significant transit operations, management and business development experience. As Area Vice President, Ms. Spry provides oversight management for Laidlaw's transportation operations in the western United States. Her primary responsibilities include serving as a client liaison, ensuring contractual compliance, management development and supervision , and implementation of all Laidlaw and client procedures . Her transit management experience began in 1982 where she served as Operations Manager of a 120-vehic le operation in Madison, Wisconsin. In 1988, she served as General Manager for both paratransit and fixed-route operations and implemented the first Dial -A-Ride program for the City of St. Louis, Missouri. She later gained additional transit management experience in California serving in progressively greater roles of responsibility including General Manager and Senior Operations Manager. In 1999, Ms. Spry was appointed to the position of Vice President of Sales to direct Laidlaw's entire business development activity . In this capacity she continued to develop her relationships with clients and enhance her industry knowledge . Ms . Spry offers superior transit operations and management expertise to the City . Please refer to Attachment A for her resume . -2- \ ' •· • -·• • • 0 Aru Genera/ Manager Doug G,.. -Mr. Gies has been in the transportation industry for over 19 years. As Area General Manager, he is responsible tor Laidlaw's public transit operations in Colorado, Utah, Nevada and South Dakota totaling more than 430 vehicles and nearly 1,025 employees. Mr. Gies' responsibilities include complete project oversight, planning, and administration. He monitors all staff performance including supervisory positions, acts as a customer liaison and builds community relationships. He is directly accountable tor the efficiency of personnel, communication and the level of morale within his operational area. Additionally, he ensures daily that operations are fuHllling our Noble Purpose and Promises daily to our stakeholders. As his office is located in Denver, Mr. Gies will assist local management and the City with any issues that arise. He has lived in the Denver area tor the past 10 years. Fulfilling Noble Purpose Promise #5, Positive f'fil"'&nlty ''Wfa and Noble Purpose Promise #4, P~r for =n~ l~nt, r. ies is resident of the Colorado Association of ranslt AgesC ~leads the Board in quarterly meetings. makes annual presentations to the State transportation legislative committee, helps plan the spring roadeo and is an advocate tor public transportation. He recognizes the needs of the community and partners with fellow Board members to ensure the Colorado transportation community continues to provide service that changes as the needs of its passengers change. Mr. Gies is available 75% of the time in his Denver office to assist local management or City staff with operational issues, and 100% of the time by cell phone. Please refer to Attachment A for his resume. Nldlon,,/,,.,,.,,., of Hum11n RMoun:es Peler .,_._Mr. Briggs is a valued part of Laidlaw's Human Resources team and is based in -Oenver, Colorado, overseeing all projects in the western United States, excluding California. His responsibilities include labor negotiations, counter-organizing campaigns, arbitrations, resolution of prievances and employee complaints, sexual harassment and wrongful termination investigations. In addltlon, he dlrecls outside counsel in handling ancf settling lawsuits. He also directs affirmative action compliance. Serving 25. years in transportation, industrial and service sectors wjth major corporations, Mr. Briggs contributes significant labor/employee relations experience. He understands the needs of multiple constituencies and facilitates the development of positive results. Throughout h is career , Mr. Briggs has well-documented success in creating and directing proactive, participatory human resource functions in strategic partnership with major divisions of Fortune 200 companies and Denver-based multi-location companies w ith sales of $800 million . Areas of Mr. Briggs' expertise include labor contracts, development of Po8itlve company/union relations, ADA, EEOC and Affirmative Action compllance . Additional areas of expertise are leadership experience emphaalzlng strategic planning, policy development, operational support, strong knowledge cl business operations, organizational development and analysis, employment/labor law and facilitation processes. He contributes excellent fnterperaonaf communication, developmental, presentation, mediation, negotiation, analytical and problem aoMng skills. . 3 . lAIOLAW T RANSI T SERVI CES . INC ' · .. ! • • • 0 ·• • • Earning undergraduate and graduate degrees from the University of Michigan, Mr. Briggs has also completed formal mediation training provided by the University, the City of Boulder, Colorado , and CDR Associates. Please see Attachment A for his resume. Area Manager of Maintenance Rick Hlttlnger-Mr. Hittinger brings more than 14 years of transit-specific maintenance and leadership skills to Laidlaw's maintenance division. He has a strong technical background in safety and environmental, vehicle safety compliance, general mechanical, electronics, en.iine, and hydraulics, Just to name a few. His hands-on, collaborative leadership style and positive desire to make a difference help facilitate service excellence. As Laidlaw's Area Maintenance Manager for the Southwest & South Central areas, Mr. Hittin~er is based from our west area offices in Sherman Oaks, California. He has oversight of maintenance operations, ensuring adherence of all maintenance procedures. He will conduct periodic audits of the facility and maintenance function to ensure that staffing levels and management procedures are consistent with the contract and procedures manuals. Mr. Hittinger's ahemative fuel experience includes oversight of repair/rebuild of CNG- powered transit coaches, as well as the implementation and administration of workforce training. His e1C7ce is complemented by leadership roles in the American Public Transportation ation concerning alternative fuels . Mr. Hittinger's experience also includes resolving serious labor disputes and serving as an OSHA Safety Coordinator facilitating positive plant turnaround and receipt of corporate safety award. Please refer to Attachment A for his resume. Director of Driver Development and Safety Blake Vaughan -As Director of Driver Development and Safety (DDS), Mr. Vaughan provides front-line safety support for Laidlaw's public transportation operations in the western United States . Mr. Vaughan supervises all location Driver Development and Safety Managers, Road Supervisors, as well as Classroom and "Behind-the-Wheer Trainers. He conducts ongoing safety analysis and works closely with Project Managers to solve any safety problems. . Responsible for implementation and compliance of Laidlaw's extensive safety program, including the Safety Excellence program, he also designs and implements Laidlaw's driver training program. Previously in his career , Mr . Vaughan was a valued part of Laidlaw's Human Resources team . Based in Sherman Oaks, CA, he·oversaw employee/labor relations and human resource programs for all California projects. His daily responsibilities included labor negotiations, counter-organizing campaigns, arbitrations , resolution of grievances and employee complaints , sexual harassment and wrongful termination investigations. In addition , he directed outside counsel in handling and settling lawsuits . He also directed affirmative action compliance . Mr. Vaughan holds undergraduate end graduate degrees in business administration from City University in Seattle, WA. Please see Attachment A for hi& resume . -4 - ' / l • • Director of Planning •nd Scheduling S.W:. Joe Lyle -Mr. Lyle's life-long career in the public transportation industry includes exten81V8 experience in fixed-route management and planning. He joined Laidlaw in 1993 and currently serves as our Director c:I Plaming and Scheduling Sel'Vices . Throughout his career, Mr. Lyle has focused his fixed-route expertise toward optimal operational cost containment, establlshlna new service routes, and restructuring existing transit service operations through scheduling/routing efficiency analysis and financial troubleshooting for a variety of large and small transit projects throughout the United States. Mr . Lyle began his career as a Bus Operator with the Southam calHomla Rapid Transit District and, during his subsequent long-term career there, held several important management positions including that of Senior Transit Operations Planner/Scheduler. Upon his retirement in 1990, Mr. Lyle joined ATE-Ryder (First Transit) as its Senior Transit Operations Consultant based in Long_ ~ch. California. He uaed his vehicle and operator scheduling expertise to improve 8fflCl8ncy and maximize service effectiveness and productivity for a number c:I other transit agencies across the United States. He reduced operatlng budgets by $400,000 to $675,000 as a result of on-site analysis and through development and implementation of more efficient, cost-saving operations, including the installation of computerized scheduling systems. Mr. Lyle's extensive background in fixed-route management and planning will serve Laidlaw and the City well. Please refer to Attllct.ment A for his resume. 1.2 History Our parent company, Laidlaw lntemational, Inc., (original name Lalclaw, Inc.), was founded in 1959 and is the leading North American service company providing: > Public Traneportallon -Laidlaw Transit Services, Inc. provides public fixed route and paratranslt services as well as employee shuttles and paratranslt related call center services. » Student Tranaportallon -Laidlaw Education Services provides school bus services to school districts nationwide . Ji> Grayhound UnN -Greyhound Lines for decades has met the needs c:I regional and long distance travelers acroaa the United States. Ji> !IMrgelicy and Non-Emergency HNllhcer9 Trwportllllon -American Medical Response is a national leader in the provlaion of emergency ambulance and non-emergency medical transportation. Laidlaw International, lnc.'s public transportation clvillon, Laidlaw Transit Servlcea, Inc., has experience that dates back to 1946. Today, Laiclaw Transit Services operates approximately 130 contracts from 104 locations in 24 states. More than 4,000 vehicles are driven and managed by 6,500 Laiclaw Transit Services, Inc. employees each day. 1.3 Ownen Md Offlcera Please refer to the following list of owners and officers: .5. i.AIOlAW TRANSIT SERVICES . INC . ' • • _ .. I I ·• • • Officers & Directors Olllcen Laidlaw Tr...it Semca, lac. Wi/Jiu,n Herslwl Yutn Ulrry Si.rt/ Bt,1, An,oin, &wrlv F.dwards s...unsp,y Fn.mk Ciccortllo Miclv~IWadt l•'DnR. Cui'"-' GrrgN,,wul.: Snlor Vice Prtsithnt VU:'t' Prtsidntl f;,wna & Ani.lUUII S«rrtarv Vic, ""'"""' ,,r HR A.Ml Via Prr1idett1 Af'l'tl Vier. Prrslde,u Vic, f'r,,s/deol ,,f Sof<ty &Sttvrlty Via f'r,1"""1 t,f Flw &MailllfftOlftt Vic,of'r,sui,,uo{ l,eft,""'1t#,n T «1uto1u1.v Vitt Prtslden1, Gownvrtffllal Rtlt1titJtU & BariM1s INYtltJf#MIII S«mary Sttrtklf',I' l __________ ·_-:_"~:.-__ _J 1.4 Capabllltiff and Experience Laidlaw Transit Services, Inc. operates fixed-route and paratransit programs throughout the United States . Unique aspects of each of the projects we operate require a hiah level of customization at the local level. Th ere are, however, general elements that are uniform throughout our many locations -operating procedures that ensure dependability; maintenance guidelines and procedures to ensure service reliability; customer relations to ensure passenger confidence, provision of an enviable workplace for our employees, and safety above all. Fixed-route services range in scope from deviated routes to local circulator& and commuter bus service. We operate in many diverse areas -rural terrain in remote desert communities, as well as congested freeways of major ulbanized areas. And Laidlaw serves a wide range of passengers -those primarily reliant on transit f()( basic mobility, as well as daily commuters who make the choice to leave their car f()( the convenience of a bus ride . -6- t ( I • • 0 ·• • • Our paratransit programs range from curb-to-curb to door-to-door; group services to individual dial-a-ride; ADA, general public and apeclal services to target populations. The programs include immediate-demand, advance and/or same-day reservations and many employ advanced technology such as scheduling software, A VLs (Automatic Vehicle Location) and MDTs (Mobile Data Terminal). We have operated bus service in the Denver metropolitan area since June 1989, when we began operation of a portion of the fixed-route services for the Regional Transportation District. We currently provide fixed-route transportation for the RTD, utilizing 128 vehicles and transporting approximately 6.7 million passengers annually out of our Commerce City facility. Additionally, Laidlaw has operated ADA paratranslt services for RTD under more than one contract. With the acquisition of the DAVE Transportation In 1997, Laidlaw has RTD paratranslt experience dating back to 1995. We now operate 70 RTO-owned paratranslt vehicles out of a facility Just south of downtown Denver on south Raritan Street. In the Denver metropolitan area, we operate three different bus services or contracts with three different agencies, providing service very similar to the service that will be operated under the contract with the City of Englewood. In September 1999, we began operation of the Southeast Transportation Authority's (SETA) fixed-route -c1rculator" shuttle service. This 12-vehlcle service transports 210,000 passengers annually through a free transit shuttle service within a six square- mile area of the Denver Tech Center business park. Like the Englewood service, the SET A service operates on a 10-mlnute headway during morning and afternoon peak hours, and 12-15 minute headways during off peak hours. This service operates from 6:00 am to 6:00 pm Monday through Friday. This service wlR experience continued growth to meet the demand of commuters on the RTD light rail system. We operate this service out of our proposed Raritan faclHty. In July of 1998 we began operating the City of Black Hawk shuttle service In Black Hawk Colorado. This service operates seven days a week, with various amounts of daHy service depending on the day of the week. We operate this service on 15 to 20 minute headways. Traffic in the City can vary greatly, depe11di11g on the time of year, so the headway times vary somewhat. However, the scope and lize of this project Is very similar to the City of Englewood Shuttle . Finally, for the past 6 years we have operated a shuttle service ~ "cut-away" vans for the University of Colorado Health Sciences Center (UCHSC). Thiil UCHSC 8huttle operates between the 9"' street and Claremont main University Hoepltal, and the Fitzsimmons Campus of the University. Utilizing three vehiclee, we operate service from 6:30 am and 6:30 pm, Monday through Fridays. Headways are 20 mlnutea aN day, with a Fitzsimmons Campus loop operating also for the entire day. Except for the 20-minute headways, this service is very similar to the Englewood service being propoeed. Additional detail for these three services is provided In our referencee in Section 1.5. 1.5 Management Phlloeophy Laidlaw Transit Services has established a phlloeophy that we cal ou, Noble Purpoee. It is essentially a definition of why we exist and what we intend~ accomplah.OUr Noble Purpose is defined as "dedicflinq OU/'lfMpf to helping peqple ~ th!!:. ~tions," The -destinations" may be different for each of ow stakeholders, but our goal la to aaaiat each to reach theirs succeufully. -7 -lAIDlAW TRANS I T SERVI CES , I N C ' .. ,•' • • y • 0 Succ:.at11Eaculon O~TIIH,11 ..... & of r .. 1111 ,.,,._ Seta r,-111111,n For our customers, this Noble Purpose drives our commitment to attain superior contract performance and to ensure a long term working relationship with Laidlaw Transit Services. The destination is a successful execution of the transit program. For our passengers, this Noble Purpose requires our diligence and care In successfully transporting them to their desired point of delivery. The aestination for the passenger is the delivery of on-time, accessible, reliable and safe transportation. And for our employees, our Noble Purpose directs that each be treated with respect and dignity and that each is provided with the maximum opportunity for growth and success within the organization. The destination here is rewarding employment for each employee and their achievement of specific career goals. Supporting our Noble Purpose are five promises that speak to our conduct in the execution of our business. These promises serve to define how we view success and to provide a broad and binding commitment of quality to our customers and to our employees. These five promises state that we will: ~ j 1. Conduct oul'NlvN profwlonally wl honorably (I) I 2. Honor our~ 1o CUllkMMra ~ 1 3. Provide .... wldependable wv1ce ~ I 4. Partner for constan1 IIIIDl"OftlWII (Ilk) I 5. Provide paeltiw community Impact Our promises provide the basis for all decisions made within our organization . Our goal is to be a long-term partner with each of our customers and with our employees. Our Noble Purpose is seen through our performance in the delivery of superior service and through our efforts to be good partners in business, good neighbors and valued members of the community. 1.1 Aef9nncN The following descriptions of services operated by Lalclaw repreeent a crou NCtion of our experience with services of a almllar size and ecape. Laidlaw mNla or exceeda these customers' performance standards, and we are proud of our oulllaldng on-time performance record, safety practicea and the value theN '*9 bring to our stakeholders. -8 - t' ' .. .. • • C USTOMER CONTACT Suzanne O'Neill Executive Director (303) 744-6806 30 S. Raritan St., Denver, CO 80223 • -~. ' ___ / Southeast Transportation Authority, CO Laidlaw operates a free transit shuttle service within a six square-mile area of the Denver Tech Center business park. We transport passengers who transfer from other public transportation or who go to meetings or have lunch in the Tech Center area . We operate 10 buses during peak hours and eight during off-peak times. Our service presently runs every 1 O minutes in both directions. We are in the process of extending our route to improve our service to those passengers who utilize two nearby Park-N-Ride facilities operated by the Denver Regional Transportation District. Laidlaw began operating this fixed-route service for SETA in September 1999. Upon completion of the extended light rail system to Southeast Denver, the system will be further revamped to meet the demands of the commuters in this system. (I) (< ) ;Link ........... c--.... Through committed leadership practices, Laidlaw enjoys a workforce that is very stable and has a high level of morale . Routes have consistently been operated on time at 99% or better and Laidlaw enjoys a high level of passenger satisfaction. Our management meets with Southeast Transportation Authority's Executive Director on the average of three times weekly. The success of this system is due to this partnership. Sporting an industry -best accident frequency rat io of less than .25 accidents per 100,000 miles driven , the passengers on this system ride with the confidence that they will reach their destination reliably . Our buses are always clean and the operators friendly . Laidlaw Transit Service · partnership has created a transportat10n system that although fai rly new. has tremendous potential to grow ndersh1p ove r the next several years as Denver's pubhc transportatlOfl systems go through much change . I · CUSTOMER CONTACT Philo Shelton Public Works Director City of Black Hawk (303) 582-2237 450 Gregory Stree t, Bla ck Hawk , CO 80422 . ., • • Black Hawk, Colorado Laidlaw Transit Services, Inc. operates a fixed-route shuttle bus operation in the City of Black Hawk for the Black Hawk Transportation Authority serving residents, vis itors and casino employees of this gaming community . Having operated this service since February of 1998, we utilize three buses serving the downtown area and the ' ·'s parking lot found at the top of nearby Miner's Mesa . Operating 1. ., 1e shadow of the Continental Divide year-round at over 8,000 feet above sea level has provided its challenges that Laidlaw meets seven days a week , 365 days per year. Concerning the recent decision to award a new contract to Laidlaw Transit Services , Inc ., Authority Board Member Medill Barnes said : "We 're very happy to continue our relationship with Laidlaw." Laidlaw will be working with the customer to get NextBus technology tested and installed on the new low-floor buses and at the bus stops . Laidlaw identified the need and, through its partnership with the City of Black Hawk , adjusted the drivers' wages . This move successfully reduced driver turnover, and this project is at a staggering 100% retention rate over the past three years . Laidlaw support management has attended 95% of the Board meetings throughout the life of th is contract, and fosters positive communication with th is small community with very dynamic daily activity. We have worked in partnersh ip with the City ; for example, La idlaw provided maintenance in its nearby shop for the buses whenever this cus tomer was unable to do so , and we have worked closely with the cus tomer on several cost saving opportunities . 0 I · CUS TOMER CO NTACT Amy Goetz General Professional (303) 315-0221 4290 E. Ninth Ave., Box A083 , Denver. CO 80262 ·• • • \ I l I ·~ Univ. of Colorado Health Sciences Center, CO Laidlaw provides circu lator-style shuttle transportation service to hospital staff and patients on the main campus in Denver. In addition , direct shuttle service is also provided to the rap idly growing Fitzsimmons campus located several miles east in the city of Aurora . Laidlaw Transit Services , Inc . provides the buses used in this service and generates the recommendations for route and stop changes . T he key to kee ping ou r prom ises with the Un iversity of Colorado Health Sciences Service Center transportation service ha s been in our ability to be fle xible . The Health Sciences Service Center Ma in Campus has grown dramatically with new construction changing bus routes and stops on an almost weekly basis . In addition , the construction at the new Fitzsimmons campus has created a co nstan tly cha nging need for shuttle service back and forth between the two campuses . Lai dlaw Transit Services , Inc . has worked closely with thi s client to accommodate the ir changing needs doing so without increasing the level of resources required to provide th is service . Ridersh ip on the system has g rown in excess of fifty percent over th!) past five years . Our safety record is excellent and our employees provide the utmost in customer service. W e are proud to be the transportation provider for this client. 0 I · 1. 7 Subcontractors Laidlaw ooes not anticipate the use of subcontractors during the tenn of this contract. We wiH be using several suppliers for office supplies, uniforms and vehicle parts and supplies. -9- • • 2.0 FINANCIAL VIABILITY 2.1 Financial Statementa ·• • • 0 0 Laidlaw Transit Services, Inc. is one of the leading providers of public transportation in the United States, and is in sound financial health. Because of our significant working capital, stockholders' equity and cash flows, (fiscal 2003 actual EBITDA of $18.5 mHlion), Laidlaw Transit Services, Inc. has more than sufficient funds to finance start-up expenses, capital needs and day-to-day operating costs. In addition, Laidlaw International, Inc. is in the strongest financial poaltion of any company involved in transportation with a net worth of $1.293 billion, and has a $200 million credit facility available for operations including Laidlaw Transit Services, Inc. The City can be assured of our ability to meet the ongoing needs of their transportation services. As further evidence of our financial ability, we have submitted our audited financial statements under separate cover. These financial statement& demonstrate that Laidlaw possesses adequate financial ability and stability to fulfill its obligations under the tenns of this RFP . 2.2 Management Information Syetems Laidlaw provides support staff that oversees the individual use of personal computers, e- mail systems, general-purpose software and network usage for Laiclaw Transit Services nationwide. Their responsibilities include identification of software and hardware problems and coordinating timely repair, instruction and/or other resolution for such day- to-day user issues. Through proprietary development of many of our own infonnatlon systems such as Navigator Scheduling, Laidlaw has focused attention on producing both systems- generated reporting as well as web-based reporting capabilities. In this manner, laklaw not only meets our own timely need for operational and management reports but can produce specific reports for its clients, as well through the Internet. Laidlaw utilizes Microsoft Outlook9 to connect our branch offices to our corporate administrative center. Reporting between our local office and all other Lalclaw locations is similarly achieved through this integrated process of systems and lntamet generated reports . Accounting and financial reports, pe~nel and benefit administration and all other reports and data collection are accomplished by e-mail to ensure administrative efficiency. • .,,,,..,,.,,,.,,, lnformMJon Laidlaw has extensive management information systems available to our Project Manager in order to ensure the best possible decisions are made. The systems that are currently in use include: PeoplNott -Laidlaw uses an automated pe,aonnel administration system caled Peoplesoft. This erogram monitors all information regarding our=,ees, including licensing and certification, EEO data, performance revfewa, itc. P Is integrated into our payroll system to allow for aeamleea transfer of data between our human resources and payroll departments. -10 -LAIDLAW TRA~SIT SERVICES . INC . ' • • 0 [J Platinum -Laidlaw uses software developed by the Platinum Software Corporation to perform our accounting and finance functions. This software allows the Project Manager to have access to rear time financial data for their operation and facilitates the efficient collection and distribution of financial data. Advantage Payroll -This in-house program wor1ts in conjunction with ADP. It is the information entry system used to create the data source for ADP. ADP-Laidlaw outsources our payroll function to ADP. ADP provides detailed payroll information to our Project Manager and handles all payroll tax filings for the corporation. US lnll9Stlptlou Servlca (USIS) -Laidlaw subscribes to USIS, which is an electronic means of obtaining criminal records and motor vehicle records for our applicants, as well as keeping current on existing employees. Focu• on S.t.ty (FOS) Prooram -Comprehensive employment eligibility requirements for positions that require drivfng or maintaining Laidlaw's passenqer service vehicles are outlined in Laidlaw's Focus on Safety (FOS) Program. Individuals must meet the company's high standards for employment. training, vehicle safety, and record keeping outlined in the FOS program. In 1997, Laidlaw developed the FOS program to help an employees live by our most important key success factor: Focusing on Safety. This program continues to be updated to be compliant with the most current state and federal requirements. Prior to being approved for training, an applicant must complete the thorough Laidlaw Selection Process. Additional strict eligibility requirements include substance abuse testing, checking employment references, OOT Substance Abuse Reference Check, physical exam (after employment offer), background check, criminal record check (C~C), and motor vehicle record (MVR) check. Soth CRC and MVR checks are to be maintained accurate and current in the Adi,.,_,. FOs-t:redenllal program. The Advanfap FOB-CnldentWa program is an electronic database application that allows Laidaw management to efficiently monitor the qualification status of al drivers and ensure they are in compliance with the our customer and company standards. This program is designed speciflcally to monitor the cradential8 and certifications of al driving personnel to ensure that Laidlaw vehicles are operated by persona property trained and ~ertifled. Additionally, in-person audits are required to ensure that the required trailing is being conducted and property documented. A.I.M. -Another new and innovative addition to Laiclaw's Safety Program is the Accident Incident ~ (A.LM.) program. This web-based application is designed to 1) expedite communicating accident information from management to our insurance claims office and 2) allow us to identify any developing traids that may require adjustment in our training procedures to ensure the highest safety standards. Reporting to the City All routine reporting will be forwarded to the City In addition , complaints , accident reports and other data of a more urgent nature will be sent real time as the repo,18 are completed to ensure the timely delivery of information to the City. We will gather and submit the following information: 1,400 -1,500 time polnii .,. diiciid per month I""" I c:: -..... -.... ,.. ........ -11 - ' .. .. • • -~ ·• • • e ice rator Vehicle Number Vehicle Shift Odometer readings Total hours Revenue or billing hours Total miles Rrst pickup,'last drop off for each shift Service interru · Please refer to Attachment B for a sample summary report, vehicle trip sheet/dispatcher log. 2.3 National Tran.it Databue Collection Section 5307 (formerly Section 9) recipients ful~ appreciate the need to have confidence in their contractors to produce reliable and timely National Transit Database (NTD) information . This information covers not only the incentive tier of funding with passenger miles , but most importantly, vehicle revenue miles. It is vital for the contractor to know the NTD definitions and fi A recommended sampling procedures. Our staff is familiar with NTD requirements and knows how to produce accurate information on a timely basis . We have been familiar with Nm reporting requirements and the FTA UnHorm Accounting and Reporting system for many years. This type of data collection and reporting has been implemented in our contracts throughout the country. Margaret Boland, our Accounting Manager, will be submitting the required information for the NTD reports . She has experience preparing these reports and is pe,tlcularty well -12 -I..A1olAw T RANSIT SER VIC ES . I N C ' • • versed on the financial portion of the report. Ms. Boland has created her own spreadsheets to aid in breaking dovm the financial data. Ms. Boland gathers Information r from pertinent locations, and has submitted the lnfonnatlon to FTA cirectly, as well as to the customer for submittal. Because she has worked on these reports for several years and is famUiar with the process, she alao Instructs new accounting managers on the report . Ms. Boland haa participated In FT A training regarding the preparation of and information gathering needed to prepare the NTD reports. -13 - (_) • • ( 3.0 INSURANCE 3.1 Requl'9d lneurance As one of the larger transportation providers in the United States, Laidlaw is insured with highly rated insurance companies. We can assure the City that we have the capability of fully performing all aspects of the contract. Laklaws policy renewal dates are September 1 •. Please refer to the following letter of lnsurabllity from our insurance carrier as evidence of our insurance. 3.2 Lou Experience Laidlaw is the industry-recognized leader in transit safety and security. The followlng table illustrates our past five years accident rates. In the Denver area, we experience approximately .52 accldenta per 100,000 miles driven. Reportable Accklenta (lncludN P9ndlng Clalme) Accidents/ 100,000 Miles Time Period 9/1f02 -8/30/03 9/1/01 -8/30/02 9/1/00 -8/30/01 9/1/99 -8/30/00 9/1/98 -8/30/99 .65 .70 .67 .61 .71 -14 - MIies ~·s~ 1 ,37 144,511 151,518 158,297 1fS5,560 IAIDIAW TRANSIT IERVICEI . INC . 8 1.1 1 :·,_.1 · ,, 1 r I P.r·-.J _::,._·:·1, ·,r·.1 :\t April 26, 2004 CITY OF ENGLEWOOD 1000 Englewood PG'kway Enslewood, Colorado IOI 10 U: LAIDLAW TllANIIT IDVICl:S, INC. CIRCULA.TOa SIIV'ITLI IN TIU CITY OJ' IENGUWOOD To Whom It May Conum: As the authorized -,ent for LAII>L.A. W TRANSIT SBRVICBS, INC., and aftar reviewiq the inaurance requirements far tbe above refa-encod, pl ... be adviNd that lbe AMBIUCAN HOME ASSURANCE COMPANY, will have no prablam complyina with the U1111n11Ce niqlliremlllll outlined in the apecificatiaoa. ~ll&~~ Mary Claire ~0: CIC ~ Senior Vice P.-.ident MCG/mb t01 DUlANl'f IW.LIY ICI. IUITI 610 ~ . ..,,._ Ttll. .... lSCIII ,.,oa.. u,, ............. c .. _........,..,ca.,. • • ·• • • ,·--. (_J . 4.0 STAFFING AND PERSONNEL PROGRAM 4.1 Staffing Propolllld ~ltlon• The following table represents our proposed management and staff employee positions and the number of full-time equivalent employees at each position. Title #of FTE *Dispatchers will be available during all hours of operation , which will enable immediate response to any operator issues that may arise. Quallflt:11tlon• and Lew,/ of Responsibility Project Manager -BIii Hipp Mr. Hipp has been involved In transportation management for a number of years . He has been serving as Project Manager for Laidlaw's RTD ADA Paratranslt Services In Denver, Colorado, Since 2002. He provides oversight in all aspects of operations for this 70- vehicle operation. As Director of Operations employed by Special Transit for five years. Mr. Hlpp'a duties included oversight of all operational aspects of that fixed-route, demand-reaponae paratransit and complementary ADA services transportation company. He auperYieed approximately 350 employees and a fleet of 230 vehicles. He malrt.tl.lned excellent communication with all agencies involved, and fostered a team approach in his clrection of operations . Mr . Hipp "brings to the table" excellent managerial skills . He is an excellent company representative, ensuring top-quality customer service . He has broad experience in acquisition and/or lease of supplies, facilities, and vehicles, and a thorough knowledge of employee-related matters , including hiring, training, and disciplinary procedures . He is a highly motivated and organized individual with proven ability to work independently and with a team , maintaining a high degree of success and efficiency. Mr . Hipp's responsibilities include, but are not limited to, the following : Our Project Manager, through direct involvement of all operational aapecta, will ensure the successful and safe functioning of all phases of an operating location . Soeclflcaly, au client expectations and requirements must be met while complying with corporate policies and procedures . Our Project Manager's essential functions include managing all peraonnel , 8fllUring co ntract compliance, overseeing all safety issues incluClng the hiring and nnng ... • 15 • i.AIOLAW TRANSIT SERVICES . I N C ' ,, • • ---. •• • • program, managing all aspects of client relations, managing the location's expenses and revenues to achieve or exceed budget goals, and any other issues relating to the operation of the location, including oversiQht of maintenance (shop and facility) to ensure vehicle safety and cleanliness, recruiting and hiring quality employees, ensuring customer service, and reporting information to appropriate resources. Our Project Manager will have complete control over the day-to-day functions in maintenance, training, operations and administration in this operation. Subject to client and company policies, procedures and controls, this position will have City, human resources, environmental and spending guidelines to follow. Our Project Manager will seek approval before exceeding those guidelines. For example, we have systems in place to facilitate a quick processing of all requests to exceed spending guidelines or important human resource issues. Our Project Manager is 100% dedicated to the operation of this project, and has full control over all aspects of this operation. He is available to City staff 24 hours a day via cell phone and will be in the office during regular business hours. Mr. Hipp will be available to answer the City's questions during any and all negotiation phases. Please refer to Attachment A for his resume. Aulstant Project Manager -Sharyn Wlttlngton Currently Ms. Wittington is Operations Manager in Denver, Colorado at our Raritan facility. She assists the Project Manager in maintainini;, and overseeing the overall functions of the vehicle operators, dispatchers and supeMsors, ensuring efficient service on a daily basis . Ms. Wittington be{Jan her transit career in 1992 when she became a vehicle operator for Dave Transportation (later acquired by Laidlaw Transit Services). She gained positions with progressively more responsibility, including Driver Trainer, Scheduler, Dispatcher, Assistant Operations Manager, and Quality Assurance Manager. Ms. Wittington's responsibilities include, but are not limited to: Our Assistant Project Manager Sharyn Wittington, through direct involvement with all phases of the operation, directs the day-to-day operation of the transit system. This position's essential functions include organizing and conducting operational activities to ensure safe, cost-effecti , and on-time operating performance of the transit system. Daily, our Assistant Project Manager ensures service delivery at standards set in client contract, facilitates customer complaint resolution, and coordinates all dispatching activities . In addition , all duties and responsibilities of our Project Manager are assumed in !heir absence or as needed. To achieve the above goals, our Assistant Project Manager manages personnel issues including staff scheduling, work record verification, recruitment, hiring and training , discipline, employee performance, and controlling overtime. He works cloeely with our Maintenance Manager, ensuring daily coordination of vehicle assignments to meet operational and maintenance scheduling needs. Dally employee and performance reports are checked for accuracy. He also has the responsibility ol monitoring driver bids to ensure they are conducted within the policies established . Our Assistant Project Manager's primary role is to oversee dispatch, safety and training, and road supervision . Our Assistant Project Manager has the ability to remove employees from service, respond quickly to vehicle accidents, request employee drug and/or alcohol screening , put extra service on the road and to stand in the shoes of our Project Manager in their absence. • 16 • ' . .. • • ·• • • 0 CJ . Ms. Wittington is available 24 hours per day via cell phone, 7 days per week, and is normally in the office at least eight hours per day assisting in operational activities. She is 100% dedicated to this service. Vehlcle Open,to,8 Drivers' essential functions begin with certification in accordance with City requirements, having completed training and passing required examinations. Our drivers must attend all required in-service training sessions, abide by dress code and maintain a safety record in accordance with established policy. Drivers must maintain a satisfactory attendance record and participate in safety culture analysis and quality circles. Drivers conduct pre-and post-trip inspections as required, then operate equipment in a safe and prudent manner abiding by all traffic laws. Passengers are assisted as needed and as required, and supervisor is alerted Immediately if any complaints, issues, or hazards are encountered during shift. All paperwork Is completed accurately and submitted expeditiously at end of shift, and drivers are responsible for accurate farebox entries. Accounting llllnllfllK Our Accounting Manager Margaret Boland's essential functions involve the flow of information, data and invoicing between our two organizations. Speclflcally, the Accounting Mana~er compares City revenue hours reports to driver payroll to ensure correct client invoicing and driver wages. Also all Accounts Payable and payrol reports are prepared for signature of Project Manager. Any/aH requests for financial information for unemployment. loan references, mortgage references, etc. is handled by our Accounting Manager. This poaltlon also collects, collates and verifies all random sampling data collected for the Section 15 -National Transit Database reporting requirements. All employee requests for changes in health plans, 401 (K) plans, dependent coverages, beneficiaries and deductions are cc:=, in a timely manner. Flnaly, our Accounting Manager ensures passenger ticket · is verified and delivered to the City. We will utilize our Accounting Manager at our current Commen:e City facillty to fill the position of Accounting Manager. Her expertise will provide guidance with the new contract in the accounting department • .,_,.,,..., Boland, Accountln, ,,,,,..,., -Ma. Boland currently works as Accounting Manager tor Laidlaw Transit Services where she supervises accounts~· payroll, and vacation accruals, health benefits and govemment reporting. In · , she verifies and/or prepares budgets. Ms . Boland also works on the preparation of National Transit Database data . She is well- versed on the financial portion of the report. and has created her own epreadaheeta to aid in breaking down the financial data. Ms. Boland gathers information from pertinent locations, and ha IUbmllted the information to FTA directly, as well as to the c:uetomer for eubmillaL 8eca&a lhe has worked on these reports for several years and la familiar with the proceea, lhe allo instructs new accounting managers on the report Aleo, lhe ha aboded FTA- sponsored NTD training programs to enhance her knowledge of the NTO repo,tlng requirements . • 17 • LAIDLAW TRANSIT SERV I CES . I N C ' .. .. ... • • ·• • • 0 Earlier in her career, Ms . Boland held various accounting positions. Her extensive accounting experience combined with her transit knowledge makes her a valuable asset to Laidlaw Transit Services and the City of Englewood. Dispatchers The Dispatcher's essential functions revolve around making accurate, efficient decisions based on ever changing situations, anticipating potentiaf challenges and responding accordingly. Additionally, the Dispatcher must maintain excellent communications with drivers to dispatch routes in a timely manner and with the appropriate bus assignment. Dispatchers will ensure driver sign in/out, monitor the radio for service issues, and be responsible for farebox reconciliation, H any. The Dispatcher must consistently monitor the operator check-in process and be prepared to assign extra board operators at a moments notice. In addition to monitoring the progress of the daily route dispatch, Dispatchers must monitor the on-street operations to ensure the practical use of loop extra buses, and to respond to road call and incident situations. Working closely with on- street road supervision, Dispatchers watch for problematic situations and wort< closely with customer personnel as well to assure the best and most efficient response. 2.4 Personnel Program Wage and Benefit Schedules We recognize that competitive compensation and benefits for drivers are mission critical elements in preserving the success of any project. We also recognize the relationship between driver compensation, driver turnover, accident frequency and the level of service quality derived. We know that the City desires a high-quality transit service and agree that high driver turnover diminishes the public's perception of this service. Laidlaw proposes the following compensation and retention plan: Driver Wage Scale We propose the following wage scale for drivers: DRIVER RATE 2004 Starting Rate 10.15 1 Year Rate 10.54 2 Year Rate 10.93 3 Year Rate 11 .33 We have listed the starting rates for the employees at our Raritan facility . However, we antic ipate our driver rates to be higher than our starting rates listed. We anticipate senior drivers will bid this work, and be assigned permanently to the operation of this service . Hourly Benefits and lnt:entlllfl The following benefits will apply to hourly employees working full time. We are especially proud of our Driver Performance-Based Incentives that provide a significant financial bonus ($1 ,250) for drivers dedicated to professionalism and customer service. Driver Performance-8-.d Flnancllll lllCMIJw -Since we believe that the recognition of excellence benefits both our drivers and your service, we propose to make additional incentive payments monthly, quarterly and annually in accordance with the following schedule and criteria : -18 - . • .. .. " ' • • ·• • • }a-Each driver who has no preventable accidents, no validated complaints, perfect attendance, and has been in 100% confonnance with the unifoon policy receives a $50.00 bonus each month . }a-For each quarter, each driver who has made the bonus for each month of the quarter receives an additional $100.00. · ), For each year. each driver who has made the bonus for each of the four quarters receives an additional $250.00. This is a generous bonus system that provides a goal and a reward system for all employees to attain. It is fairly simple in design and administration and allows each employee to "rededicate" their efforts on a monthly basis. We are excited to offer this bonus plan to our drivers. HNlllt ,~ -Medical and Dental Health Plan. Our drivers receive free individual health coverage. Retlremem-Laidlaw offers a union-sponsored retirement plan A,,.,.,.._ llltd s.r.ty Bonu8 -Each driver that does not miss work or has no preventable accidents during their two-week pay period receives a bonus in their paycheck EmoloJ/W Pride lrw»nth/9 Prog,am -For every three-month period that there are fewer than a predetermined number of accidents, each employee receives a gift item such as an insulated mug, jacket, stadi1.m cushion, etc. Vaadlon -One week's paid vacation after one year's employment ( Six Paid Holldap -Eligible drivers receive holiday pay for the folowing six holidays: Christmas, New Year's Day, Thanksgiving, Independence Day, Latior Day. and Memorial Day. Flec:n.llbMnt and S1l1ctlon Through our experiences in the Denver job market over the pat 15 years, Laiclew has developed strategies in the folowing aectlons to fulfil Promlle 11, ~ ~ Hqpqn,blvby hiring and keeping the riaht ~-t management, a alrict hiring strategy and jult the right level of pay and be will provide our lirm with continued IUCC88S. You may rely on Laiclaw's proven abiNty to attract and retain the most qualified drivers using our Hands-On Initiative for Recruiting Employees (H.LR.E.) system . The H.LA.E. p rogram is unique to L..aidaw and distlnguiehee UI from o4t'8r companie8. It i8 an interactive five-step action process that Laldlaw developed lo ecreen and hire suitable Hands-On Initiative for Recruiting Employees 5-Step Process ./ ./ ./ ./ ./ Appllcatiorvlnt8Niew Drug T~ Physicals Motor Vet1icle Recofdl Check Criminal Record Check Reference Check ..___ ____ 19 .--......... ,ouw TR A NSIT SE R VICES , I N C ' .. • • ·• • • ~---. (J drivers: We use a proactive outreach to neighborhood associations and agencies to maintain appropriate staffing levels, in addition to using local advertising and employee referrals. Our Project Manager's responsibility in the H.I.R.E. recruiting process includes: Community-Understanding the local job market and wage-related competition. Recruiting .,.,.,.,.,. -Strategically placing materials to attract quality candidates. Recrultlng Environment-Ensuring an inviting and pleasant first impression. Appllcallon Proceu -Gathering pertinent information and review key Items. • Is the application complete? • Has the applicant indicated prior driving experience, worked for other Laidlaw locations or indicated any driving infractions? • Are there gaps in the previous employment history? lrrternew Proceu -Projecting a positive attitude with an extensive question bank. • Is this the ~ of work the applicant wants, i.e. paratransit or fixed route? • Does their job experience suggest they wlH be succeasful driving a bus? • Were questions answered appropriately? • Did the applicant's responses meet the interview question threshold? New-Hite Orle.dallon ,,...,,_ -Offering a welcome letter, a meeting to discuss expectations, job description overview, and training. lllentorlng Tn,J,,... -Mentoring Is a creative process and team commitment involving the entire workforce including management, supervisors, BTW trainers, other staff and drivers. · o,w.,Jo,1111 Stability To maintain a sufficient number of emJ>l?.Yees and initiate the recruiting process as needed, each project maintains a Driver Staffing Repo,t. Thia report reflects the source of new applicants and their status in the recruiting process. The report also indicates reasons for current emplov.ee termination. Based on report results, our · Project Manager authorizes recruiting activities so drivers can be selected and trained in a well-planned manner. Employment Equity Laidlaw strongly believes in equal employment opportunities (EEO) and has adopted an EEO Statement. We comply with all federal , state and locaf laws and ----------- 1=11=1111 _, ... ,. ___ .,._ ... _____ _ '-··---~ --·------.... ·-------·-- regulations regarding fair employ-'-------------------' ment practices and will fully comply with the requirements Ntablilhed by the Cily. -20- ,. ( ' .. ,, • • ·• • • Appl/cation Each manager responsible for interviewing and hiring must follow standard company procedures used from coast to coast. The personality and outlook of the applicant are critical to the hiring decision. After the candidate has completed the application but before the interviewing process begins, the manager takes a few minutes and reviews the candidate's application: X Are the Resident and current address different? X Does the applicant want full time employment? X Has the applicant has ever worked for a Laidlaw company or for City? X Is the applicant authorized to work in the United States? X Has the applicant ever been convicted of a crime? X Does the applicant have any driving experience? X Does the applicant have any accidents from the past 5 years? X Has the applicant ever been denied a license? X Has the license ever been revoked? X Has the applicant ever been convicted of any major traffic violations? X Are there any gaps in employment? A "Yes• to any of these questions will allow the interviewer to make more efficient decisions regarding applicants, speeding up the application process. AdditlonaHy, we review the application to ensure that he/she meets City's minimum requirements. /nfr.new Viable candidates are invited to an interview, where they will provide additional information about themselves, as well as providing a copy of their driving record from the Colorado Department of Motor Vehicles (OMV). - The Applicant Interview Evaluation Form ldentlfie8 items to look for di.wing the interview process. The information on the form helps our managers gain the most insight from the interview. It helps our managers~ the candidates' answers as well as behaviors to observe, such as the candidate's inflection, enthusiasm, attention span, etc. to the questions. Once all questions have been answered but before concluding the interview, our mana!ler invites the candidates to go out to one of the vehicles ancfhave them visit their "office . The potential operator is then able to see where hellhe will spend moat of the day . Our managers observe the applicant's safe entry and exit from the parked vehicle. The applicant must be able to fit through the emergency exits and be able to reach the steering wheel and foot pedals without stretching. In this portion of the interview, the applicant is asked about their comfort level physlcalty and mentally. Our managers are able to get a feel for the applicant's true Interest in the job, as well as whether or not hellhe can meet the physical requirements. Motor VehlcM 1-:ords Clteclc • 21 • LAIDLAW TRANSIT SERVICES . INC ' .. .. • • -•• • The applicant, as mentioned above, must submit a copy of their driving record from the Colorado OMV, which must be prepared by the OMV no more than seven days prior to submission. The interviewer thoroughly reviews the applicant's OMV record and identifies all citations and preventable accidents. (City minimum standards require the applicant to have no more than five (5) infraction points over the past two years and no conviction for DUI, DWI and/or Implied Consent within the last five years.) The record is then compared to the minimum acceptable standards established by City and Laidlaw, whichever is stricter: Frequency -Pre-employment and every 12 months thereafter for COL licensed employees (49 CFR Part 391.25 DOT Regulations) or pre-employment and every 24 months thereafter for non-COL licensed employees (more frequently if warranted by local conditions). Clau I -DWI, DUI, ,,_,.,.U(lhter, Leaving the Scene of 1111 Accident (Hit Md Run), Driving with • a-,,.,,,led or nwobd licenN -No convictions within 1 Q years of application date. No post-hire convictions. Clau II -Carelea and lmprudllnt Driving, RecldN8 Driving -No convictions within 3 years of application date. No post-hire convictions. Clau Ill -Spaedlng, VlolatloM of • Traffic Signal, or ollter wlow cl""'°"8 that lnvolwl an accident • No more than 2 convictions within 3 years of application date or post-hire. Clau IV -Improper Tuma, Improper Lane a..g., Failure to ONetw • Stop Sign, Fallwe to Yield, or ""-cltallol• -No more than 3 of any combination within 5 years of application date or post-hire. There is to be no pattern of driving violations on the record. Opwato,s L#C9ltN Reoord Standard -An applcant shall have a satisfactory driver's license record as a condition of employment and currant operators must maintain a satisfactory record as a condition of continued employment. lllnlm,.,, Driving Experience -To be considered for employment in a poallion that requires driving a revenue vehicle an applicant must have a minimum of ~ of verifiable prior driving e,cperience. Any applicant that fails to meet the above minimum standards is rejected. llotor Vehicle Record9 (IIVR) Clteclc -Laidaw will perform a bi-annual MVR check on all drivers, mechanics, service crew and supervisors. As noted above, these employees must maintain a satisfactory drover's license record as a condition of continued employment. Criminal Record Clteck Once the manager has reviewed the motor vehicle records and the applicant has met the requirements, criminal raconis are also reeearched and they must, at a miniml.ffl , meet both City and Laiclaw standards . Each applcant is required to lign a statement of release , thereby allowing the check to be concb:ted . A lhkd party administrator, the USIS company, conducts our criminal record checks. In addition, we conduct a national wa nts and warrants check on •• applicant ernplc,,w. -22 - ' .. .. • • 0 • • n I \ ~-~ The applicant's criminal record check will be compared to City or Laidaw standards, whichever is stricter. Below are the Laidlaw minimum acceptabre standards for criminal record checks: Frequency -These checks are conducted at pre-employment and every 36 months thereafter (more frequently if warrs ,1ted by local conditions). Convictions FelonlN • Requires written approval by HR or DDS Area Manager and must be retained in employee's file. All wanted felons will be rejected. Note: All applicants convicted of any felony shall be rejected, per City policy. Crimes ot vlolence, Nlrual ,,,,.,_, drua UN or ule, child pornography, civil d*"*, crltnN .,,.,,., the .,.,., or 81ml"fllr ,,,,.,,._ -Persons with convictions for these crimes are not eligible for employment Drllllng While /nto,c/caled or lmp,,lred or Dnll# -No convictions within 1 O years of pre-application date or any post-hire (Cslifomia -'1 years). No I~ wllhln 10 ,..,. ot P.!H'!PP'lcatJon date or -, PNt-hlre (c.Jlfomla • 7 ywn) -Note: Incarceration without a conviction is NOT a dlaquallfication for employment. There is to be no pattern of criminal behavior on the record. Employee Phpk:111• Physical exams are scheduled during the time of the criminal records check. Physicals are used and carefully reviewed to screen employee candidates who may be insulin-dependent, suffer hearing or vision loss or who may have hypertension. We mandate that al exams occu at a company- approved medical provider knowledgeable of DOT driver requirements. Laiclaw 1s committed to having only truly qualified drivers operate this 18MC8. Ref91MC» Check Laidlaw contracts with a third-party administrator to conduct thorough r8htrence checks on all new trainees. This helps determine the wofk history and employment attitudes of each new trainee. The USIS company procesaes our reference checks. Pre"1ow Employment • USIS will verify employment dates, poaitiona, performance rat ings, departure and rehiring information . The Human Reeource Department of the applicant's previous eff!ployer verifies the aforementioned inlonnation.. Personal ~ et.cir -USIS's verifications department specialists verifies personal or professional references provided to cu cllenta horn potential new employees . Each reference is distinguillhed~lime acquainlad and nature of relationship with the applicant. In addition, · further dawlope the ,.,_ice in order to determine the specific relatio111hip to applicant: relalMI, friend , or professional colleague . Drug TNtln, Laidlaw screens employees with pre-employment drug telling that folowa the Department of Transportation 's (DOT) ltandardl publilhed in the FtA Coda al Federal -23 -LAIDLAW T AAN SIT SEAVICES . INC .. • ' • ' • • ·• • • ,--. 1,_J Regulations (CFR), specifically 49 CFR Part 655 and 49 CFR Part 40. Any individual who tests positive on a pre-employment or pre-duty test for a prohibited drug will not be hired for a covered function position. Safety-sensitive employees are subject to random, post-accident, return-to-work and follow-up testing. In addition to the removal from safety-sensitive functions required by Federal Transit Administration Regulations, Laidlaw Transit Services, Inc. will take the following disciplinary action against any individual who violates this policy: J.> Any employee who tests positive for a prohibited drug or for alcohol with a concentration level of 0.04 or greater will be discharged from employment with Laidlaw Transit Services, Inc. Any employee who engages in any conduct that constitutes a refusal to submit to a drug or alcohol test required under this policy will be discharged from employment with Laidlaw Transit Services, Inc. J.> Any employee whose alcohol test result is 0 .02-0.039 alcohol concentration will be removed from duty for at least 24 hours or until his/her next regularly scheduled shift, whichever is longer. All time suspended will be without pay. Any employee who tests 0.02-0.039 alcohol concentration on more than one occasion will be discharged from employment with Laidlaw Transit Services, Inc. Tutlng for Engll•h Proficiency To ensure the applicants ability to read, during the interview our manager asks the applicant to flip the application to the back P8{18 and read aloud the policy and procedure regarding alcohol and drug testing. Reading this policy out loud re-enforces the importance we place on having a drug-free work place. Afterwards, the applicant Is asked to initial the three policies that we describe on the beck o4 our =lion. This will also tell the interviewer the applicant's ability to read and underatand · . If the applicant seems to understand and fluently communk:Bte in English, they wll then be given the opportunity to enter the training program, subject to an of the other employment qualifications. As each applicant goes through training, there are ample opportunities to observe their interactions with otflers and their abilities to communicate in-English. Test scores, taken from verbal and written tests and quizzes, will accurately reflect these communication abilities . Performance Review Laidlaw has developed a standard performance evaluation form in addition to an interactive approach to performance expectations. Each individual is asked to fill out a form in which they must list their job responsibilities, their goals, and their methodology in reaching their goals. The form will be evaluated by the individual's supervisor to determine agreement as to expectations and standards. The performance review is a fair, formal and systematic method of judgi~ an employee's ability and perfonnance according to the accomplishment of the goals 1n which were previously determined. The performance review can be used as a motivational tool. It is also used by management to help develop an employee , to identify strengths and areas requiri~J9ffl8flt as well as a tool for making better promotion and reward decisions. refer to the following ~mple perfonnance review form : -24 • ' .. • • lDllp; " ..•. . EE- : ~;:-== ~---.-........... ==- ~ : =- . : ~ l{Tobl2-~a:::-•"":""':=--:::.-i.,_. ...... --. --.... 1:--·---. --~ .... . a. ..... -... ..... =z--..... ·--· ......, ... ..... - CAIIIIII INIWI IT -25- 0 . ··-.... ' .. ._ __ .,.._.. • • lAIDlAW TRANSIT SERVICES , INC . Training of Vehicle Operators and Dispatchers Vehicle Operator Training ·• • • J1 LJ Every aspect of the driver's training is documented over the entire term of their employment. Pauenger AN/stance Assistance Guidelines for Elderly & Disabled Passengers (AGEDP) is our in-house comprehensive training program that includes classroom lecture, discussion, videos relevant to passenger assistance, and a hands-on practice applying classroom knowledge to practical situations. This training program covers characteristics of major disabling conditions, assistive devices, vehicle boardii:i9 procedures, vehicle condition and operation, emergency procedures and basic vehicle and lift maintenance. The session also covers the requirements for fixed-route drivers under the Americans With Disabilities Act (ADA), such as calling out stops. S...ltlv#ty Tralnl"fl Laidlaw teaches drivers proper terminology such as "persons with disabilities" rather than "handicapped people", "power chair" rather than "electric chair", and "hearing and speech impaired' rather than "deaf and dumb", as part of our AGEDP train~. Sensitivity training also teaches trainees about the different types of disabilities including auditory, speech, behavioral, physical, and mental . f~ JI 1' I) I, 11., 1 r 1 \ ! I' , lf 1 • '11 1 f 1 • r 11 ( l ' 111, r11c ! dilr j',l! 1 d ,, it . t, • 11" I' 1 Role-playing is often the most memorable part of sensitivity training. Examples of role-playing ( include walking while being ( blindfolded, using a wheelchair in boarding, deboardlng and while ricing the vehicle, and _ communicating without using the voice . IJefeMlve Drlvl"fl Laidlaw teaches the Smith System of Defensive Driving, which is a nationally recognized safety program. It is easy to remember and use in daily driving since it constantly reinforces the five major rules: 1. Aim High 2 . Get the Big Picture 3 . Leave Yourself an Out 4 . Make Sure They See You 5 . Keep Your Eyes Moving . Films , tapes and lectures , as well as Behind-the-Wheel instruction , are provided. Discussions include a variety of hazardous conditions that demand alert and aklaul action . Laidlaw drivers are required to complete annual defensive-driving training . PUNnf/lK Relation• l I 1,, I 1/ ! , I ' ' ! ' l I I ' ' In addition to positive work attitudes, we teach our d rill9f9 poeitiYe behavior towards passengers. Drivers develop exemplary passenger relations' lklla through llideotapea and interactive work sessions with our trainers. Drivers leam the key la showing oourteay and respect to every person with whom they come in contact. -26 - •· ' • • ·• • P....,.,,.,lncldent• 0 0 We instruct drivers to effectively handle conflicts or problems that may arise and specifically address four categories of passenger incidents: ))' Passenger issues including fare evasion or smoking on the vehicle, ))' Abusive and harassing passengers, ))' Passenger illness or injury, and ))' Vehicle damage, such as vandalism. City-Specific Training We will work with City staff to build upon the training components that teach our employees about the connecting tran~tlon systems and opportunities for passenger transfer to those systems as part of Laidlaw's training program. We will also provide continuous training in City policies, procedures and record-keeping requirements as well as national, state, and local laws and regulations. Drivers are trained to administer on-board surveys, route information, and distribute marketing materials as needed. FatN and F..,,,,_. In this session, extensive instruction of tha City's fare structure (fares, passes, tokens, etc.) and the mechanics of using the farebox are covered. Behind-the-Wheel Training As a new driver is trained, they go on the road with a Behind-the-Wheel Trainer who teaches the basics of defensive driving and vehicle handing. In addition to our 32 hours of classroom trainioV and 14 hours of cadet training, Lalclaw provicle8 24 hours of behind-the-wheel training to each driver. The trainee also leams proper loading and unloading procedures, proper securement and restraint procedures, paperwork requirements, and service area characteristics. Cadet Tralnln, As a final step prior to revenue service certification, the new driver complete& their training with an experienced driver. This training includes a minimum of 14 in-aervlce training hours. Cadet training serves as an effecilve training reinforcement tool becauae it is a transition from the training environment to the real wor1d of operations . RefrNher Tralnln, Driver EvalUlltlon9 -Annually. we require all ful-and part-time drivers to receive defensive-driving refresher training in which the Smith System 5-Keys of Space Cushion Driving is used. This program stresses defensive , decisive , and dependable driving techniques. Drivers are annuaHy required to attend six acheduled ~ and participate in six monthly safety awareness campaigns, which · various dllleneive-driv techniques and safety issues. Al drivera must complete a evaluation every 1~ months, and unobaenled evaluations occur frequenlly . Accident lfelntln#lfl -Accident evaluatlona focus on dat9nnlll *'Cl lhe cau. and contributing factors when a driver hu an accidlnt that II dNmed Nl)Oftllble . We con-=t any noted contributing factor in our ,.,,...,. and ,ellllirq program . Laidlaw Cer1lfled • 27 • LAIDLAW TR AN S:T SERVICES . INC ' .... ,, • • ·• • • trainers, for both the classroom and behind the wheel, conduct accident retraining. Our retraining is a minimum of two hours, combining classroom and behind the wheel instruction . Retraining hours may be increased depending on the severity of the accident and the type of retraining required. Retraining Succesa Measurement -Improved performance reflects the success of the retraining program and is measured by ride checks, L .11 cl I. 1 :. '.V 111 riot ,i l l l' pt I ir 1 ',, If r' cl 1 1 v, r HJ ( ii I. () r k I r llJ pr 'll t I ( I", unobserved driving practices, passenger comments, and no occurrence of additional accidents . Laidlaw will not accept unsafe driving or working practices. A safe service delivery is a vital part of our primary objective . Training Outlines Behlnd-lhe-W.IINI (BTW) Houra C....,_ Training Houra un1t1 Pre· T lip Inspections 2.0 lntroductioo'Company Policy & Procedures 1.0 Brake Use/Transmission 0.5 ADA 1.0 Total ---rs-Substance Abuse 1.0 Security Awaren.s 2.0 l.!!!H 2 !:.!2!i!I!! Q2ym11 ~!21111 ~!!rk Assistance Guideline for Elderly & Disabled Passengers 4.0 Steering 0 .5 (Includes Lift Procedures, Loading & Secunnent) Tums 1.0 Passeng&( Relations / Customer SelVice 2.0 Intersections 1.0 Accident Procedures/Eme,gency Situations/Radio Use 2.0 Backing 1.0 Map Aeading/\Jse/Scheduling/Oestinalio Codes 3 .0 Lane Change 1.0 Pre-Trip lnspectlorvOaify Vehicle Inspection 2.0 Service Stops 0 .5 Fare Box, Translsa, Ticket&, Fare Training 1.0 Paratranslt Review 1.0 Defensive DrMng Smith System 4.0 Total -ro Colorado Vehicle Ln / Local Regulations 1.0 Total 24.0 uan ~ B!!ll!I ~111111 ;1 Defensive Driving Smith System 4.0 Addltlonal Courae: Staering 0.5 Tums 2.0 Cornmen:ial Oriwt(s License Training 8.0 lntersei:tions 2.0 Total --ro Backing 2.0 Service Stops 2.0 Total am-HolHS -m Lane Change 2.0 Final Evaluation 1.0 Total --;-s:s T otal BTW Houra 24.0 In-Service Cadet Houra 14.0 Total Combined Tralnlna Hours 70.0 Dispatcher Training Dispatcher Training Procedures Laidlaw's dispatcher training pregram ensures our staff is professional, tactful , and l , 1 ll jl I,'. LJf 1' () j 1 \ t ' ' (' I 1 ' \ f ' I I \ + I ,1 I ,f 'jjt ll I ' 'I, '*t, r 1 'f , , : ' 1 '' I , ', 'I 1 • 28 • composed when assisting system riders . Dispatchenl are evaluated and refresher training iaJrovided throughout the term every contract operated by Laidlaw . The ' .. , .• ( • • ·• • • ·fl t~ l--, ·.1 _ __) result of this approach reflects our ability to meet the requirements of any transit operation and yield the quality of service expected by the City. Laidlaw's dispatchers are cross-trained in vehicle operations as an added measure of quality assurance in the event additional staffing is needed. Laidlaw's formal training program for dispatchers is segmented into several sessions. Each session is designed so the employee views a segment of videotape and then completes exercises in a corresponding workbook. This training program is structured as follows: D1apatchl111J: What Your Job I• All About This segment summarizes the "big picture" of a dispatcher's job and emphasizes that the dispatcher is key in providing a safe and efficient transportation system, that their job is complex and fast paced, and that they must often "wear several hets" at the same time. Keeping the Sysf9m Moving: Your Role u • Coordinator In this section, dispatchers leam to see themselves as the hub of a wheel of activity. They are taught that they must accurately take information, make good decisions, and then communicate with the drivers. The dispatcher is recognized as often having a dffficult and stressful job because workdays are not predictable and they must quickly make decisions. It is also recognized that they often cannot plan ahead because they must respond to events as they occur. The dispatcher learns it is critical that they make good decisions and they, therefore, must be well informed about the policies and procedures of the City's transportation system. Specifically, they must know scheduling procedures and guidelines, the service area, current weather -and road conditions, fleet location, available services and procedures in dealing with emergencies, and the City's transportation system policies. Talldng to the Public: What to Say and How to Say II This segment Instructs the dispatcher about serving In the role of a public relations representative for the City's system. The communication skills that are emphasized are careful listening, obtaining complete information, clarifying the lnfonnalion, providing feedback, clearly communicating a decision, and maintainlng a polite, respectful, and interested tone . Duling with Drivers: What to Say and How to S.y II In this segment, the dispatchers leam that how they speak is as important as what they say . They also leam that they play a key role in relaying irfformation to drivers about any routing or schedule changes . they leam the most effective techniquee to alert dri\191'8 to situations that may change schedules, such as weather, an accident. or construction. Dispatchers also leam how to serve as back-up for drivers during emergencies, either by acting as a coach to help the driver through a difficult situation or by actually managing the crisis. In addition, they are Instructed that In crisla situations, It is critical that they have complete information from the driver regarding the location of the accident, a clear definition of what has occurred and, most importantly, what support the driver needs. They also leam why they must record this information on the appropriate forms . Proper radio etiquette is emphasized while interacting with drivers by not only 8PNkina clearly and concisely but also by using proper radio codes. A poeltive attitude iii addressing drivers is also emphasized . \ -29-lAIOlAW TRANSIT SERVICES . INC ' • • Further, appreciating the drivers' pressures in deaHng with demandng passengers, schedule adherence, and adjustments to the changes ln achedules or routing, is also emphasized. Anally, dspatcher training addresses that because they are aulhority figures to the driving staff, dispatchers need to learn effective management skills regarding their responsibility. KNplng Record8: Why Th9y'nt lmpo,tllnl In this section, dispatchers are taught that accurate and timely information la an essential element in providing an exemplary service. ~learn the detal8 of the record keeping function, which ranges from daily passenger , to customer complaints or commendations, to accidents and vehicle breakdowns. segment emphasizes that these records are crltical in determining the success of bolh the overall operation and the dispatcher's performance. Priorities are also established so the diapalcher can clearty understand they need to deal with immediate issues regarding smoolh operations, but that the record keeping hn:tion is not secondary in importance to on-the-road operations. Puttlng It All T,,,,.,,_ In this section, the dispatcher is taught that their main function is to coorclnate the system, communicate with the public, communicate with the driY8r8 and maintain accurate records. Not only are the previous units summarized and prioritized but specific information such as other services offered, service hours, 8P8Cillc Wlhicle ~ (types, ages, wheelchair accessibility), number of vehides (revenue and spare), passenger types and City-specific policies are all taught -30- ,,.. .,-. . ... • t .• • • -- ( ·• • - 5.0 OPERATIONS AND MAINTENANCE PROGRAM 5.1 Safety Program During all aspects of each operational day, in every employee review, and at every management and employee meeting, safety la the moat Important Item dlacuaed. Safety Excellence Program A key component of Laidlaw's overall safety programs is our Safety Excellence Program that includes a number of highly effective safety initiatives to ensure that we maintain a leadership role throughout the industry in this area of vital importance. Among these programs is our annual theme that is currently "You Are The Key to Safety Excellence", the Master Driver program, various incentive programs, and the Safety Solution Team (S.S. T.), which are highlighted below. Anneal Theme Our 2004 theme "You Are The Key to Safety Excellence" promotes daily safety awareness in all Laidlaw project locations to ensure our customers receive safe, dependable service. This theme is a reminder that it is up to every member of the team to be alert to and report safety hazards and to be well versed in all safe-driving practices. With this annual theme, management focuses attention on the everyday issues that affect safety including the following: Preventing Unufe Am and "30f)2ft'f"- Preventing the unsafe act means eliminating the risk of its occurrence. Laidlaw defines safety as freedom from risk. If we act safely, we have no risk or, if we act safer, we have less risk. Eliminating or reducing risk requires that we change human behavior and that everyone thinks and functions as a safety manager. We encourage every Laiclaw project location to establish and reinforce sate norms. To help our employees understand unsafe acts, we follow the safety theory referred to as "300/29/1" which means for every 300 unsafe acts, 29 minor accidents result and one catastrophic accident occurs. There is only one way to avoid the otherwise inevitable injuries : Prevent the Unufe Actl lnvolw,ment and The Sltfefy Solution TNffl (S.S. T.}-Continual awareness of safety is instilled through our annual safety theme not only in the WOfkplace but also at home, with the family and in the car. Laiclaw encourages continuous reintoroement or personal accountability to ensure the safety of our customers, our team members, and each employee . Our safety program encourages employee inwlvement that ii vital to the auc:cesa of every Laidlaw project location . One example ii the s..ty SCM*1 Tan (S.S. T.) that facilitates ou r Safety Excellence Program. The S .S . T. is compriNd or faclllty team members and includes drivers, operations support staff, and management. We aleo • 31 • L4IOLAW T RANSIT SERV ICES . I N C ' ... • • -~ •• • • highly recommend that our clients participate and become part of this team. The S.S. T. gains employee support in identifying safety concerns, and in developing and implementing effective safety solutions. While the primary purpose of the S.S. T. is to discuss safety issues, it often becomes the forum for many other safety-related topics as they relate to employee matters. The Project Manager, who provtdes a facilitator function for the group, encourages this expansion of purpose. After the annual theme kickoff, monthly performance forms (depicted below) are used by each operation to track safety performance of each team and each individual. •. ...., S.'9tf &ce11ence Goat./Rewarm Goals for annual accident reduction for each Laidlaw project location are set by the Vice President of Safety and Security, in conjunction with local management and training staff. To reward the attainment of safety goals quality awards are given to individuals at the end of each month. Awards can include plaques, shirts, jackets, rings, and a variety of premium awards. This company-wide program has been highly successful. Rewarding employees encourages others to contribute. Project Award• -At the end of each quarter, project locations can eam award recognition that can include the following: ;. Zero Accident Freque!'CY Rate (no reportable accidents and no Workers' Compensation claims) dunng the fiscal year, , Safety Performance Improvement (over the prior fisca1~'88r), and , Safety Solution Team (S .S. T.) excellence (baaed on team contributions, successful safety suggestions that are implemented, and aulatlng our Project Manager in developing safety solutions). 32 - t • • -•• • • ~ The annual Safety Excellence Award, the very highest honor, is presented to a single Project Manager whose project location performance (based on the above criteria) has proven to be the very best in the country. Safety Incentive Program -We promise our customers safe, dependable service and at Laidlaw we recognize that every individual has a role to play and a personal stake in our success. With that in mind, we have established an incentive system at each of our operating locations where participants eam points for safety knowledge and safe behavior. Every month there are 1,500 points available to all participants who do not have a reportable accident. 1,000 of these points are Project Point. that are available when the Project meets the Safety Excellence Standard: ~ Project met Incident Goal. ~ Project held monthly safety meeting. ~ Project submitted Monthly Performance Report and SST Minutes in timely manner. 500 Personlll Point. are available by calling the toll-free Safety Excellence Quiz Line and answerin_g three questions correctly. The questions differ each month. A score of "3" earns a "key' and 500 points. If the employee collects all twelve keys (by answering three questions correctly every month), an additional 2,000 points are awarded at the end of the year. Monthly statements are distributed to employees showing their current balance. The points are used to obtain merchandise from Laidlaw's Safety Excellence Catalog of Awards, such as jewelry, camping equipment and kitchen accessories. Points can rolT over from the previous fiscal year. Note: Any participant that has a reportable accident or worker's compensation claim is ineligible for Personal Points and Project Points even if the Safety ExceUence Standard is met. When measured against other providers, Laidlaw's Accident Frequency Rate is consistently one of the lowest 1n the nation. When measured against our own performance, It is at an all-time low. All of our Safety Programs, Including the safety incentive program, help ensure that Laidaw keeps or focus o n safety. Safety Leadership CourN Another innovative program that Laidlaw has developed for nationwide implementation is an interactive Safety Leadership Course in which all Laidlaw management and supervisory staff are required to participate. This self-directed course is approximately ~:x hours and comprised of five CD's that cover our company's philosophy about safety 1 risk management, the nature of accidents, behavioraf insights, Laidlaw's safety .>grams , leadership, and an overall program review. It is Laidlaw's belief that managing risk and promQting safety leadership will help us ach ieve our goals. We believe that developing a corporate culture that supports managing risks and safety begins at the top and reflects our belief In Laidlaw's Noble Purpose of "Dedicating ourselves to helping people reach their destinations" and specifically supports our Promise No. 3 to "Provide safe and dependable service", which is all brought to life by our front-line leaders. For thoee reasons, we depend on each leader to encourage all our employees to help each other work together, partner for constant improvement, and treat each other with reaped. La idlaw never compromises on safety. We view every front-line leader as a rilk manager . Our Safety Leadership Cour9e shows each front -line leader how to take actions to reduce the occurrence of accidents and make our wortcpLice safe. -33-Lt1DlAW TR A NSIT SERVICES . INC ' .. I • • • ·• ( • • 0 Mandatory Safety Meetings All employees are required to attend monthly safety meetings. Attendance is documented and employee time is compensated. City staff is welcome to attend these meetings and will be encouraged to participate as a guest speaker. EPA Compliance Training We educate our employees and have an established formal policy regarding the use of or exposure to potentially hazardous materials in the workplace. We have corporate staff dedicated to ensuring that we comply with all EPA requirements. Accident Reporting Formal guidelines are followed for handli~ every accident, which is Judged as either reportable or non-reportable using the National Safety Council guidelines that state a reportable accident is one in which the driver failed to do everything reasonably possible to avoid the a-=cident. If an accident is determined to be reportable, the driver responsible is required to undergo retraining and must display proficiency in the area of retraining before they resume revenue service. Any driver Involved in a serious reportable accident (one involving serious injury, fatality, or extensive property damage) is immediately suspended, pending a thorough investigation. Each accident is fully investigated by the Driver Development & Safety (DDS) Manager and Project Manager. All accidents will be reported to the City immediately and will be followed with a copy of the written report. Flow charts of the procedures follow: Road Obaervlltlons Another important tool that promotes safe conduct of our drivers is the road observation report . Road Supervisors regularty complete these reports on either an unobserved basis (Road Observation Report -which may be conducted at any time) or while riding on the bus. The Road Supervisors wiN conduct observed ride checks on each driver at least once every 12 months. In addition, aH new drivers shall receive an on-board, in- service evaluation check within 30 days of completion of training. OMV Records Laidlaw participates in Pull-Notice Programs in states where it is available . Thie program enables us to automat=eceive a copy of an employee's motor vehicle rec ord when there is a citation or t on the employee's record. -34 - t .. i • • -- • • .r\ :J (----t:J . A motor vehicle record check will be conducted annuaHy for all Laidaw drivers as part of our Focus on Safety policy. Sat,,ty Rnulta Our staff takes pride in our safety performance. We have aggressive safety programs and procedures in place to ensure that we experience as few accidents as possible. We have a strict definition of reportable accident. We define a reportable accident as one in which the driver failed to do everything reasonably possible to avoid the accident. Time Period 9!1/02 -8!3Q/03 911/01 -8/30/02 911/00 -8/30/01 9/1/99 -8/30/00 911 /98 -8/30/99 Laidlaw s.r.ty Performance Reportable Accidents Accidents/ 100,000 Miles .65 .70 .67 .61 .71 Miles ~OOO's) 1 8,373 144,511 151,518 156,297 165,560 We are proud of our safety record. Our ulwtt:::9"' ha reaulted In an Accident Fr.quency Rate (AFR) that la one of the In the country. These stati&tlcs prove our effectiveness. Laklaw's AFR of .65 per 100,000 miles for 2003 is less than one third of the FTA's national industry average AFR of 2.29 (FTA moat recent report 2001). Many of our competitors have AFR ratios nea double Lalclaw'a low AFR. Safety is number one with Laklaw, and we have proven this time and again. Selecting Laidlaw as your transportation service provider means protecting the safety of your clllzena and ollering them one of the best services in the country. We travel in many dfficult operating environments -not the laa8t of which is the congested Los Angeles metropolitan area, but also we operate safely throughout the United States in areas as diverse as remote mountain regions, desert communities, large cities and smaH towns. Not only do we operate on various terrains, but also in difficult weather -ranging from dust storms in the desert to snow storms and extreme rain in many other areas. Drivers navigate through these conditions aklllfully -always mindful of their responsibility for tha safe operation of their vehicle. 5.2 Operllllona Project Understanding We understand the new Englewood Shuttle aeNice will begin operations on September 7 " 2004. This service wiH utilize •cut awa'I' 8lyle transit vans ~ between the hours of 6:30 am and 6:30 pm. Service will operate weekdllya the year, approximately 255 days per year. While operating along key areas of the City, the aervice wll operate belwNn the City of Englewood activity centers and the RTO light rail , and offer incnNINd mobMy lo employees, lunch time crowds, and to people acc:111ing Englewood retail canta,a. -35 -LAIDLAW TRANS I T SE R VICES . I N C t ... ... • • 0 Those residents dependant upon transit will find this service easily accessible and convenient due to the frequency of the bus operation . Ten-minute headways will afford convenience and ease of use for those needing this service. Laidlaw Transit will provide three cut-away vans, the drivers, maintenance, and supervision, as well as insurance for this project. The City will provide route and fare structure, as well as fuel for the project. Scheduling and Dispatching of Vehicles Vehicles will be scheduled from 30 S. Raritan, using dispatchers already in place. The dispatchers will monitor and maintain morning and afternoon dispatch and relief of drivers. They will maintain radio control of all vehicles in-service and the daily dispatch log. They will communicate with the drivers via Nextel 2-way radio. Dispatchers will insure dnver sign in, and will schedule and dispatch fill in drivers should the need arise . Spare Location/Activating Spare Our spare bus will be located at the 30 S. Raritan facility. The closest major cross streets are Alameda and 1-25. The vehicle operator will use the Nextel 2-way radio to our Project Manager or designated representative if in need of assistance, and the spare bus will be dispatched to the location. The spare bus will be deployed, in the event of vehicle failure, within 30 minutes to replace the failed vehicle. Fare Handling and Accounting ProcedurH We have developed and tested farebox collection procedures that guarantee the fuU accounting for ail fare revenues. We will provide the City with copies of all individual daily deposit slips and bank deposit advisees and the monthly bank account statement for reconciliation of the daily deposits. Our revenue collection and reconciliation procedures are designed to minimize the potential for abuse. This is in reaponae to our responsibility to safeguard our client's financial resources. Our system as described below, Is baaed upon the principles of limited access, specific individual accountablllty, and joint responsibility of monies prior to deposit. We will monitor daily fare collection activity from the route driver thl'OUl1' bank deposit. Each element of the system will be reconciled against total reyenues to ensure that no losses occur. Should reconclllation Identify losses, we wlll act lmmec:lately to identify the source of the loss and apply appropriate measures to correct the situation. City fare revenues are a crucial element of our operation. We will ensure that monies are transported to and from bank facilities in a secure manner and will supply an ~uate number of farebox vaults to meet daily service and bank collection demands. Additional vaults will be available as spare equipment. Opening 01-,,,,tcher » Issues fresh vaults for all vehicles prior to service . Records the vault number on passenger statistic sheets. » Installs assigned vaults into vehicle fareboxes . Vehicle o,,.,.tor , Assures correct collection of all authorized fares. , Accurately records the number of passengers for each passenger category . ~ » Drops vault at the end of vehicle service day and verifies the vault runber on the passenger data sheet. i.-Delivers the vault to the close-out dispatcher. -36 - ' .. • • --•• • CIO..Out Dispatcher 0 CJ >Records the vault number on the Fare Reconciliation Report (FAR). >Determines the projected farebox recovery and records on the FRA. > Places the vaults in a designated secure area. This area remains locked at all times. Clerlc > Noting the vault number and matching that number to the appropriate FAR, unlocks and counts the revenue in each vault. > Records the amount contained in each vault on the FAR. >Notes on FAR any discrepancy between projected and actual revenue. > Prepares a bank deposit slip for all funds collected. > Records the daily deposit amount on the Monthly Deposit Log. > Daily deposits all funds collected. P,oJect ,,.,,,,,. > lnvestigates and determines cause for all variances between projected and actual revenue . >Oversees and ensures compliance by all individuals involved in the fare collection process. The type of farebox collection and reconciliation in the RFP is very similar to the procedures we currently use for our RTO Access-a-Ride services operated from the proposed Raritan facility. Our staff is familiar with farebox monies, and how to manage the safe keeping of those dollars. Complaint RNOluUon Proceu Ahhough we take pride in exceptional service qualio/, miscommunications, mechanical situations and human enor can occasionally cause passenger inconvenience or service disruption. To help assure a proactive and positive outcome, Laidlaw has the following procedures: Receipt •nd "8cordlng Laidlaw's Project Manager will be responsible and accountable for the timely resolution of all complaints. The primary responsibility of this proposed position is to act as a liaison between our operations and the community. An additional responsibility is to act as a customer advocate in the resolution of complaints. The initial complaint is logged on a reporting form with a description of the complaint and contact information of the complainant. lnltlal lnVNtls,atlon The Project Manager will in=te the complaint by reviewing pertinent est data, interviewing dispatchers, road supervteora or other staff, the vehicle operator or maintenance technician as deemed appropriate. Information gathered relative to the complaint wll be recorded and the root cauae(s) of the complaint will be determined. • 37 • lA/Ouw TRANSIT SERVICES . INC ' .. • • • ·• • • Complainant Meeting If necessary or requested, the Project Manager will set up a meeting with the complainant to review all pertinent information. Results of the meeting will be documented and a resolution may be agreed upon at this time. Addltlonal lnVNtlgatlon Based on the complainant meeting or facts that emerge from witness statements, the Project Manager may initiate additional fact-finding in order to r8tiOlve the complaint. Vehicle maintenance records and the driver's personnel file will be reviewed and all information will be utilized in crafting any resolution. The Project Manager will call the passenger during the investigative stage (unless a meeting has taken place) to receive additional information, as required. Resolution may also occur at this time, at the discretion of the Project Manager. Exploration of Remedy If a passenger complaint is the result of a preventable action on the part of an employee, the Project Manager will be infonned so that appropriate retraining or disciplinary action may occur. The complainant and City staff will be made aware of any remedy(ies) put into effect. DIIICUAlon In Weekly Sta" lleetlng The Project Manager will review the proposed resolution with all appropriate City and Laidlaw staff to ensure compliance with all service policies and procedures. Ruolutlon Resolution will occur at which time when the Project Manager has determined that the cause of the problem is understood, that the appropriate department(&) have taken action to ensure that measures are in place to prevent the problem from recurring and when the passenger is satisfied that the complaint is resolved. The City will receive documentation regarding final resolution. Repq,rtlng Compliance Please refer to Section 2.2 for procedures for complying with all reporting requirements. Included in Attachment B are sample reports. 5.3 Maintenance Program Maintenance Support ServlcN Laidlaw is ready to proactively partner with our customers by providing maintenance support services. At no additional cost L we can provide services that include : ), Reviewing/recommending new vehicle purchase specifications. i;., In-plant inspection of new vehicles to ensure specification compliance. i;., Building design consulting services for vehicle maintenance and storage area . Laidlaw's customers have the benefit of both our experience in maintaining vehicles and resources in managing the business. • 38 - ,. ' ,•' ( • • ( . ·• • • (--(J . Maintenance ProcedurN Laidlaw's vehicle maintenance program is de&i9ned to maximize vehicle longevity and sustain excellent road performance statistics including miles between roadcalls and vehicle availability. By meeting these criteria, Laidlaw enhances passenger safety and comfort. Ensuring rigorous, high standards with continuous assessment is Laidlaw's maintenance philosophy. We do not settle for less than optimum performance in our maintenance program . r I r 11 l I l) f ' I ( l I I ! ' ' ( J If r j { ~-I t t 1 ', I 111 ,1 ll, ! ' 111+ 11: We properly train our mechanics and only use quality products and proper tools determined to be safe and dependable in keeping with our Noble Purpose Promise #3 to "Provide Safe, Dependable Service". We will actively participate with your staff to identify issues and solve problems as part of our commitment to our Noble Purpose Promise #4 to Pae !9c ~ lmproyernent. We use thoughtful analysis to improve operations and SK>n-m ~Improvements are carefully evaluated to ensure effectiveness and permanency. Participation with our local operations staff is a hallmark of our Area Managers of Maintenance, who serve as an additional resource for problem solving. They also mentor and interact with maintenance shop managers to enhance management sldlls. We have a strong commitment to preventive maintenance and are equally dedicated to all of our clients, whether it is a small or large service operation. Laklaw has developed [ II j' !. f'\ 1 f r1 l I (, \I ' 1 l l\ '• '•1 I I 1 t 1, ' I ' ) 11 <J' ' It ' a maintenance plan that can be tailored using our own FMI (Fleet Maintenance and Inventory) software for individual client needs to ensure quality control and fleet longevity. Components of our preventive maintenance program include: :., Preventive maintenance :., Pre ·trip inspections :., Brake inspections :., Vehicle repairs and rehabilitation :., Record-keeping system :., National accounts program :., Air conditioning :., Daily servicin{J procedures :., Vehicle cleaning :., Internal shop and environmental audits :., Automated maintenance. Preventive &fain~ We utilize a preventive maintenance inspection system founded on progressive mileage and days . For example, Laidlaw often performs Critical Item Inspections every forty-five days or 3 ,000 miles, whichever comes first, and major inapecllons occur on mileage and time parameters based on the specific fleet and contract requirements. Our tailored Inspection and Preventive Maintenance checklist ensures that wear conditions are :>nitored and repairs are completed before they constitute a safety -39 -LAIDLAW TRANSIT SERVICES , INC . ' . ... • • -= defect. Please refer to Attachment B for an example of this checklist form that is maintained in the vehicle file for the entire life of the vehicle. Our Maintenance Manager assigns timely preventive maintenance inspections. A weekly Maintenance Report is then provided to the Project Manager as part of the Laidlaw Contract Management System. Wheelchair lifts are thoroughly checked and maintained in-house, and our lift service procedures are customized to address specific fleet requirements. Fluid changes during preventive maintenance inspections occur at the 6,000-mile interval or manufacturer recommendation; the transmission fluid and filter change interval is scheduled on manufacturer recommendations; and antifreeze is tested for proper DCA levels at the 24,ooo-mlle interval. Laidlaw's tire replacement policy requires no less than 5/32 tread for front tires and 3132 tread for rear tires, thereby exceeding DOT specifications of 4132 for front and 2/32 for rear tires. Laidlaw requires that all installation personnel, Including outside shops, follow the Laidlaw Wheel Installation Procedure without fall or exception. Pre-Trip lnepectlo,ta Thorough daily pre-trip inspections are required by our drillers before any vehicle is driven. Any vehicle defects are noted, and a complete cycling of the wheelchair lift is an integral part of the pre-trip inspection to avoid lift failures. Our Project Manager is responsible for ensuring proper procedures are followed. A sample "Daily Vehicle Inspection" (DVI) form foUows: LAIDLAW TRANSIT SERVICES DM.Y----· -... , --··--· ---11111119 1 ----· --.. _ --=-= --::: -=:-: --..... ~ ::-.:--_ ::: ---·-----,---..-.--··--..... --·--... 'f J -L --. • .... _. I . " .. ..,._.. -=:J =:.-:::.-L 1::--i I ] :::::-..:.:.. t . r--=----:;-... _ L _ r ~ '. t_~:=---·--... I. I .I ....,__.._ I .r'-:r-' -•- [ .. i =::= f l L-'=:,-t -~-1--, .. -, __ __ " .,._ ! ~====::... ~. ===-·-UJJ ----..-----• ·----t --------' ------J ..... t o....-... + a.--,. ... ? ·===== = • i =--.::. ':. ___ .,.. ...... -- -t ·~· ...... ~ ... t ~~-------~ -t i :=-'==-= ~ --------- -~ .. • • For immediate repairs re- flected on the DVI fonn, the supervisor prepares a Laidlaw Repair Order form and assigns the repair to a mechanic. Any open, non- safety DVI repair Items that are not completed are listed on a defect sheet that Is filed and later attached to the next scheduled preventive maintenance inspection. Bralceln-,,«:tlon 0 0 Our two-stage, compre-_ -=-==--= - hensive brake inspectiOns ----' ' include a standard ·A· Brake Inspection during preventive maintenance, as well as a "8" Brake lnapection at intervals to ensure brake linings are replaced prior to the normal wear-out point. Brake drums are to be discarded when they are within 0.1 O of the maximum diameter stamped on the drum or published in the repair manual. New wheel cylinders are to be installed whenever worn out linings are replaced. Brake inspections occur every 30,000 miles or annually, whichever comes first. --..---.. ..:~ i-&!!!f! __ T ____ ..... -----.... -.a I --------..... I I _... -•--.i.·---... I ,_... I I-· ..._, -. -...,_. I ~_ .. =,==-=,,,,,,,==e,!_..!======-=-=,===:::::I C::: ...... --, I I r •r:: =·=::::.. = :g == : ~ : :::=::::. .... :§=: § ......... .. ... c:,-----.. c::::::, ............. .......c:::,-........... c::::, _____ .. ...-c:::::1-... --c::::, "' -----.. ·-c:::,._..._ ..... c:::::, --·-·-Pl °"9--... _ c:::i-.......... _ c:::, = = = = = = ..... ,..._ ---------- fl ----- = = g : ,e:s.s ...... -------j •• '-=·-=-~=---------==== ~ = ~=== § ----·---....... c:J-., LIiia-· .. ------:: ~=:-:.::-~ .. --------- 111 ----·--'-:: § ::::::-§ : =-·~==- "' ------:: 8 === ::: 8 c:::::a--...--... --.. __ ..____ ... -c:::i --..... --c::::) .. __ ...... _ ... ._ ----:: ~ =-== :::. § Mt --C---.---· ... -c=-.----..... ...,. c:::::i ~.-...... c::::, --. * ___ ._.._.._ :: § = ::: § I "' -------·- .. ------... -~~-... -~ 11 • ---------c:::,~--... -''I ·--·----.... ~=::::;:. .. ~ Ht·----..--C:::,~ ....... .. __ .._._ ... __ "---c::, ..-..-w--c:::, I ----·-----c:::::, ----·--------·--, .. c::, _____ ,_ c:::, 1 _..,.____ .. •• ---"-__ ,. c:::, -·-L.---c:, • ----·-··-: ::.:.=.-=-:=--::=-g~ f I : ::.··::::::.=:,._ ==--'5":.':..Z- ... -c::,..... w-,.. c:, , 1 -.. I=-... --:.-::::~==~:-..:::~I .u ::-------........... c:::i ........... ~ ·-c::,_ ..... wll....... ._,.. I = = = = = = = = I = = = ---------·-------l 1 • ---------·---- • ---.......... ·-c:::, ----..... c:::,= I • _.._.. __ ._ ......... c:::,-:: .... ~ ;.:~~---== ::::-~ ~=== g , l: ;.=~~ -== ·--c:,..,-=~.=-=---=:= _ J ----""-~-.------ = Air Conditioning We recognize the importance of the Heating, Ventilation and AJr Condlllonlng (HVAC) systems relating to passenger comfort year round, particularly in more extreme cllmatea. -41 -lAIOlAW TRANSIT SERVICES . INC . ' • • ·• • • It is important to keep vehicles maintained 12 months a year, and you may be assured that our program is tailored to meet that obligation. Laidlaw's preventive maintenance program for HVAC systems is defined by our fleet configuration and operating environment. Dally Servicing Procedures Laidlaw's maintenance personnel perform the following daily servicing procedures. Body Damage-To ensure the best appearance of vehicles, both the driver (during the daily pre-trip inspection) and the utility person are required to identify any body damage, which is immediately corrected. Potlt·Trlp Inspection -At day's end, the driver completes a thorough post-trip vehicle inspection that also includes the daily cleaning specified below. Farebox -Laidlaw empties fareboxes, as a part of daily servicing. We have strict measures to ensure security of passenger fares. Tire Preuure -For safety, tire inflation is checked at least once weekly. This maximizes tire life and provides a safety check in addition to pre-trip inspections. Air pressure is also checked during the preventive maintenance inspection. Fueling -Fueling is completed at the end of each operational day; detailed records of fuel and oil consumption are monitored, which serve as a tool for reconciliation of total fuel amounts used . Cleaning of Vehicles , 1 Ir • 11 t \ t \I 111 I 1111 Vehicles will be cleaned at all times. Our drivers and staff recognize the importance of the City's image and believe strongly that a clean vehicle strengthens this image as well as enhances passenger comfort. The Project ManaQ9r regularly checks to ensure that drivers and bus washing personnel are effectively maintaining the vehicles' appearance. Vehicle exteriors will be cleaned twice weekly or more often If needed. Vehicles will be completely washed and tires cleaned at this time. Tires and bumpers will receive special attention to ensure their appearance meets our standards . .. EXTERIOR: .- ' ,• • t • u extenor components ean and treated (wheels, bumpers, aluminum). Windows nels seats. Vehicle Repairs and Rllhllbllltatlon Vehicle repairs are completed by Laidlaw's trained professionals. We use the highest quality parts available that we purchase through national account parts programs that provide significant savings. As an added customer value, Laidlaw internally performs all necessary repair work as needed, in addition to performing our preventive maintenance inapectlon program. We work closely with bus rebuilders in establlahing specifications when It is necessary to subcontract extensive and time-consuming rehabilitation jobs. Record Keeping Symm Each vehicle has a life-time maintenance file to document every aspect of the maintenance ~ including all Daily Vehicle Inspection forms, preventive maintenance inspection forms, repair orders, warranty work, recal compllance documentation, sublet repair orders, and any accident report copies. Nlltlonal Ac:count. Program To save customer expense, Laidl uniform quality that meets or exceeds OEM quality. Shop Audit ·~·:..1i.:.···· I I ' I . ' . I • As additional support , Laidlaw's Area Managers of Maintenance visit each Laklaw location at least every quarter. These routine facility alte visits help ensure compliance with Laidlaw's rigorous maintenance standards. Annual maintenance facility audits are performed to further evaluate shop efficiency and compliance, u well u biannual environmental audlta . These procedures ensure that all vehicles and facllltlea operated by La idlaw are in compliance with best maintenance practlcea. . 43 . LAIDLAW TRAN S IT SERVI C ES . I N C . ' . ..... .. .. • • ---- ·---.. ----- -- -: ----· -· ---------·- ·• • • ·----------·-- ---- -======l----- ·-----·--- --·- -----· .. -----. ·-----.. ---------·--. ------. ---.. ------... ·-----··----------------- f'\ L~ ~·r1· 's0 4 ------------·------·---... ---·---·----------··--·--·--·--·----·-----·-·----------- Shop Audit Form -·-----··-----·--------·-- The Shop Audit is distributed to appropriate Laidlaw management staff and the City, if requested, to ensure compliance with Laidlaw's maintenance policy and contract requirements. Environmental Audit Environmental Audits are performed on each and every property Laidlaw operates biannually. The Environmental Audit usually coincides with the Shop Audit and includes the completed corrective action plan, as well as estimated costs. Environmental Due Diligence (Phase I) is also performed prior to the occupation of any s ite by Laidlaw. The need for Phase II work will be determined on a case-by-case basis, but must be performed for property purchases and share acquisitions. Automated ""'""""'nee System Our key maintenance performance indicators are tracked by our own Fleet Maintenance and Inventory (FMI) software and include roedcalls, prevenlive maintenance com Hance, and cost per mile . The many features available within our FMI system include: 1. Work Orders Generation and Trackir:iq a) All work required on a vehicle is initiated and tracked via the "Work order" . . 44 . ' ... ·' ,:.., ( • • b) Work categories include standard repairs, vehicle lmipections, and preventive maintenance Inspections. 2. Preventive maintenance scheduling by mileage and time elapsed. 3. Purchase order system for better purchasing control. 4. Fuel/Mileage data entry performed directly within the system. FMI helps assure Laidlaw's ability to operate vehicles at maximum efficiency while maintaining the highest level of safety possible. Enforcement Agency Cltallone Laidlaw's Raritan facility and operations have not received any citations from enforcement agencies during the past 24 months for operating unsafe/deficient equipment. 5.4 Slat-lJp Plan Our goal with every new service Is a smooth, professional startup. In order to accomplish our goal, we have evaluated your needs and will address al potential challenges. Through this evaluation process, our operations and bulinela development professionals have pooled their expertiae and developed a tlmeline that is well- researched and based on experience. We want a seamleea transition to Lalclaw as the City's service provider, and as such, are dedicated to building your trust. Promile #2 of our Noble Purpose, Honor our c;o,oo,"1nenCI to w,tomenL ll)Nka to 1h18 dedication: Honoring our commitments means that throughout the lmplemel~, we wffl work hard for the City. We wHI secure d ~_ reeourcee and cu anllcipated schedules. Throuahout the process, we will provide constant feedback regarding our progress. We will face all challenges head on, working together to find IOlullona. We look forward to working with the City on this protect Lalclaw has evaluated the operational needs, laid out a workable schedule, and 8888fflbled the ltlllf needed for a smooth transition. Our priority wlH be to honor our commltmenla to you throughout this process. lmplemematlon Schedule Please refer to the following page for a breakdown of our implementation procedures. Hiring timelines, specific functions of staff hired, estimated completion datea of important tasks, and identification of materials and equipment to be purchued are clearly identified. -45-lAIOlAW TRANSIT IERVICEI. INC • • LAIDLAW TRANSIT SERVICES, INC. SHVIC! IMPLBWffAnoN NAN .. •• • • . , · ... • •' I • .. .,. . ri • . -~-. " ... .. . . I . . . •' , .. , .. \ .... · .., .. ~. ,. . ·. . ,• Prepared for: Clly ol !nglewood • l'ublc 1'Nllllparlallo SeNlc" J ---• I 1 I I • J I 1 -"' '" 1111 ,,,, ,,. IQ .. lf'II 1111 - • -J . • I I 1 I I 4 "' .... Wl1 -.. • r~r 1111rn11w1111111 o- swtf'lflec,cy -· a,,. -Install UV board in ---~ -Secure NeJl1al RadlO ConlrKl '"""' ~· -,_ -Gona ESlliblleh~NC:Orda ~road cal,___~ ~th.,,.dmW~ o.,a--I -~ .... NCGfda I I I I I -~-1-1-1-1 -I -I 1-1 ----.... , \, ' • LAIDLAW TRANSIT SERVICES, INC. SEIVICE IMPI.EMINTAIION PIAN Prepared tor. Cly af Inglewood • Pubic: Trai!lpClltalon Setvlc:es Dftw.Tr.---Order"""°"" and name BetWld The.,.,_.. T 1 Flf\lllroadllll .,._~ ...... t:i.sue dnv9r unibm and .... --l)OOka and°"*' ..... --Odor------SelUD I ... -ODlalr'i "* NNIOI INnUllt tor...,... "" -Set uP ~ waatl __ .,.. ----S. tm V9hidrt MNIFMI ~ Statl~.-.cordafar~ lnslaland ....... ~IClltwar9 Place~ on PM Board --of2 nNlol ,.-.......... ·~-- I -111 ---- ..-r-oaco ._ oaco --.. --.. --.. --.. -· .. --.. --.. --. ------ Gin -----------------... • 111 .. ·• • • . ,· .. .•. . •. I '· ..... ~-l ..... ~. f ~\ ' . ... .. · ..... . .. l ~- ' ---1,,,.111 1111 ,,,, 1111 112 111 "'' an .,. g ___ .. _,_2 0 ·. I I 1 I I • ..,.,...,_,_ • 'J \, • t • 5.5 Operatlona and Maintenance Faclllty We are pleased to propose a facility located at 30 South Raritan Street in Denver tor the operation of this project. The facility was selected due to its central location, excellent apace for maintenance, administration and vehicle storage. It is located 5.39 miles from 1000 Englewood Parkway. Our proposed facility is well suited tor the operation of the ~ Shuttle. The proximity of the site to the major arterials includlng 1-25 and Santa Fe wl al8o minimize response time required tor road calls and emergency situations. This location is currently leased by Laidlaw and has been utillzed for acc111 •·Ride wvlce In the past. We are pleased to offer 75,000 square feel of vehlcle atorage and parking apace that is surrounded by a aix-toot chaln-llnk fence. ~-parking area la paved ancJ atrlped. Each vehicle apace ii numbered to enhance our ablllty to detect potential fluid leaks from the buaea. The building al8o has a aecurtty alarm syatem. The maintenance area is equipped to perform all upec:18 of preventive maintenance and repair excludng bodywe>rk. The maintenance area la comprised of approximately 20,000 square feet of apace. The building has two bay doors, an open inade area toi aaae in maneuverablllty within the garage, maintenance office, and parts room. Our proposed site is equipped with a drive-thru wash area. A clarifier has been inatded to enable the maintenance deoartment to conduct regular engine and undercarriage cleaning. Ample apace and staff wl be provided to keep the Cl(y'a vehlclea clean at all r times. The proposed location Includes ·12,000 square feet of office area. The Project Manager will have a private office. The dillpalch area has a dillpatch window and a ful view of the drivers' room. The dispatch area wll holae the communication equipment neceeeary to monitor communication with the drivers. We al8o have • driver tnllrina room where lnllial as well as refresher training and monthly safely meetings .,. concb:tad. Ohr tNm members ln,t:ludlng training and admlnletrallve pereor-.,e1 will al8o have private ofllcea. • 48-LAIDLAW TIIANIIT SERVICES . INC • t PROPOSED COST Please refer to the following pages for our cost pages . · 47 · LAIDLAW TIIANIIT IEIIYICEI , INC - Coat Proposal #1 0 D Plwe detall propowl costs In both Altematlve A and B for Gflolnt Pcznr,cl Ytbldlt Alternative A 8:30 am • 8:30 Labor Wages & Fringe Work Comp Materials , Supplies and Maintenance (exdudlng fuel) Uniforms Maintenance expense Other (Pleeu detaU) Vehicle Depreciation & Cost of Capital Vehicle Licenses Drug & Alcohols , Employee Saeenlng Communications lllllU'8l'IC8 Si.tUp~ Management Fee & Profit AltamlllYe B (l:30an • v .. 1 118,700 7,248 800 8,034 30,404 2,250 355 2,100 15,383 3,898 20,590 Yur2 123,078 7,501 824 8,831 30,404 1,800 368 2,183 15,983 20,839 t:30anr 11:30am-1: v-1 v-2 Labor Wages & Fringe Work Comp Materials, Supplies and Maintenance (excluding fuel) Uniforms Maintenance expense Other (Please detaH) Vehicle Depreciation & Cost of Capital Vehicle Licenses Drug & Alcohols , Employee Sc:reening Communications Insurance Start Up Expenses Management Fee & Profit 88,912 5,418 800 5,107 30,404 2,250 355 2,100 12,388 3,elNI Hl,011 Coal 117 92,179 s.eoa 824 5,785 30,404 1,800 388 2,183 12,785 18,087 127,258 7,781 849 7,745 30,404 1,820 377 2.228 18,978 21,853 21 95,297 5,802 849 8,519 30,404 1,820 377 2.228 13,571 18,885 lllNFIDENTW. t ... .. • • I REQUIRED FORMS }I, Bidder's Checklist }I, Contractor's Reference Form -Part I }I, Contractor's Reference Form -Part II }I, New Vehicle Identification Form }I, Used Vehicle Identification Form }I, Non-Collusion Fonn . 48· i.AIDLAW TRANSIT SERVICES. INC . BIDDERS CHECICUST _x_ Description of services to be provided _x_ Scheduling methodolosv _x_ Proposed staff ..JL.. Resume of Project Manager _x_ Preventative maintenance program ..JL.. Start up Plan _x_ Sample forms, loss, and vehicle trip sheet _x_ Description of operating and maintenance loc;ation, dstance from Enatewoc,d ~ Description of Computer Systems _x_ Training Programs _x_ Anandal Statements ..JL.. Insurance Coverage Forms _x_ Reference Forms _x_ Cost Proposal 1 1 (Gas) and 12 (CNG) for Alternative IA and Alternative n _x_ New Vehicle Identification Fonn (If needed) ..JL.. Used Vehicle Identification Fonn (if needed) -L_ Non-collusion Form 2l • t • CONnACTOll'S IEFEIENCE fOIM -P~ I The C0111rador 1h11 funsh lhe folowlns lnfonnalion. Failure to complete al items wil cause proposal to be non-responsive and may cause its rejeclion. CoutradDr's Name and Street Address: Sip 921 ]Rt Bl'R,, 3irte ax> Contraclor's Telephone Number: ( 913) ...32L-• _J ... ft...._ ____ _ Faaimile Number: ( 9.Q .....llL-• __,Cff14..,_ ____ _ E-Mail Address: ( br,w~.laidlaitiznsit.cm Contractor's State Transportation Uc:enses: _ _.95ll=e71.==------------ Type of Company (lndlvidual, Partnership, or Corporatlont. 9!Irn!t:1T If a Corporation, under lhe law of which state: _Dalap==----------- Years in Business: Since 1996 t:tmJ;;i ~· -• CDpnaB. List the names and addresses of the principal members of the firm and titles of lhe principal officers of the corporation or company: Please rem-tp the fn))'ldrn RR fir Xoic:Dw'o CXfif'P8""' Dh:e:tr:ra Number of year's experience in the public transportation service industry: Sirpt l9G6 tm1ql P.-• -I CXJIIBlias. 33 • t Officers & . Directors • ' ... ....... balll .......... ...... ,,,,.,,_ ....... ,.,.. ,._,.., ... llaMllf,.... ...... ...._, ......... l'loe llaMllf ,ta ......... .... ... ,.,.. a-..., ....... ,.,.. ,...a..... l'loellaMllf,t,-. .,_. ,,...,...,_,. l'loe llaMllf ,,,,_, ·---...., ... ... ,_.....,, _.._ ........ ............ ... ,.....,. G . ...... ...... Ill C 0 ,-a,c-.. ...._, GolsMooeat ...._, CONTRACTOR'S REFERENCE FORM -PAIT II Oient List for Transportation Services Currentty and/or Previously Provided: Olent Name: s:ut:hmst ~ lu:ta:it.y, ro Olent Address: ~ s. R!lritan St. Contact Person: SPPB Q'Iilri JJ Telephone Number: CD3l 749::ffl Services provided: Flad ran Jrm dlttJe, Olent Name: Bladt fl!Ms, ro Olent Address: @ 9151:rY 3, Bladt lllfsc Q) 8)122 Contact Person: .....,.Rrl,..,·,.1n ... b-1 .. lrn-.--------------- Telephone Number: Cll3l !lp-2ZJ7 Services provided: Pim PiMI fttt)e Olent Name: thi.veadt.y af Cb),.,,.., !PISb l:trne 9P11E 1 cp Oient Address: G!I> ! Nlnlh -., b DJ PDK,mAB Contact Person: ,.,::111.J21R-._ _______________ _ Telephone Number: (D) l15::9ll Pwtod ol Service· M 98 -FPC1rt Services provided: a-, mn •ale (USE ADOfflONAL SHEETS AS NECESSARY) 34 NEW VEHICLE IDENTIFICATION FORM All bidders shall provide the following Information for each type of Y9hlcle the bidder proposes to use In this project. Bklders must submit photographs of each vehicle's exterior, Including description of Interior seating configuration. Attach ~ to this form. FOR NEW VEHICLES: Number of Vehlcles Provided: Two Primary or Back-up Vehicles: One Vehicle Type/ Model/ Manufacturer: Ford E-450 Chaalll wllh Eldorado Aeratectl 240 Date of Manufacture: Passenger SeaUng Capacity: Engine/ Transmlulon Type: Overall Length/ Width/ Height: Wheelchair Accessible? YIN 2004 v .. Model 14 paeenaer plus driver • 15 tlDIII OR 13 paeenaer plus 1 wheel chair p1u1 driver • 15 total OR 12 pauenper plus 2 wheel chalrl plUB driver • 15 total Ford 6 .8l gasoline engine L = 23 ft. 2 In. wlbumpera. W • 116" 1 H • 113" O GVWR ~Y..;;es.a;.... __ lf yes, how many IIHowna? 4 per chair Wheelchair Equipment (Describe Type/ Model/ Manufllc:turw) with Q-Stralnt Deluxe tie downs Rlcon S-2010 Nit If any used vehicles are proposed, complete pwt II of this form. • ., . -~· ~ ' EIDorado National Luggage IOCkS with IOUnd tubing andearpet- padded shelves provide a soft, non -skid IUlfac:e which eNmlnates damage to baggage. Aireroff -slyle overhead luggage bins Ofe available for st orage . With the Aerote'ch 's 80' In terior het' ,m, passengers 1111 hove easy occen In .J out ol 1eattng ateo. ·• • " . . . ........ .. -·. f ' • ..-·or., I I \ l ~; ,···-~ ... ~ .. \ I ~--J \, Interior color, deeOf and tloorr,lant en available In a wide range of choices. You're ms1Hd of highly durable materials thal requse a minimum of ecn. Glossy, gel-coated celling and bright KOfad 8 wall covering resists vandalllm and provides enhanced Interior llghllng . Far a lofter, more luxurious look and IHI, opltonal padded elolh Is CIiio available . For over eighteen years, the Aerotech has been the best-selling small bus in North America . Here are Just a few reasons why. TV /VCP syllems are CM:lllable wllh .. forward manllor or mulltple overhead monitors. Food and beverage requirements eon be accommodated , Including the ~ lo prepare hot food semc:e fQr ltlote special applleatlons. Lasting Value The A8folech Is the only commercial small bus to be crashed tested. Our unique steel reinforced composite body is highly resistant to impact and Is completely free lrom rust and conoslon. All system controls a re within easy view and reach of lhe driver la provide sole and conve - nient vehic le operofton . Our lndustry-lirsl, 5- yeor/75 ,000-mile standard body ,;arronty is not o purchased insurance policy like some companies ofter . lt"s a slatemenl about our conlidence in our producl ond our commitment lo unequalled quality . Eleclllcal harnesses are assembled using state-ol -lhe-art auto- matic crimping and stoking mochlMI to guaranlN a secure oltochmenl. Al etecfrlcol lYSleml are compulet tested before ii lllollolioll to OIIUf9 propef peitonnonce . EIDor.ido .; National .-r-•• ... ·• • • .... .... I ...• -.J " . ,~ •' Standard Features Body and Floor Structure • Steel reinforced composite body \\i th 5-year/75,000 -mile warranty . • Only commercial cutaway bus tes ted for 5-yor/150,000 mile life cycle at FTA -Alloun• testing facility . • Only commercial cutaway bus to be crash -tcsted - vidco and pri nted documentation a,·ailable upon request. • Body Armour~ bright whi te, impac t-resistant, non-co rrosive ge l-coated FRP exterior pa nels ins ure easy cleaning and a new, glossy look yea r after year. • Sidewa ll fea tures I l -gauge stee l, diagonall y rei nforced passe nger area crash barrie r which includes stan - dard sidewa ll sca t mounting rail. • Floor frame structure is 16 gauge 2 'x3 ' cross mcmbcrs on 11 gauge C-chan ncl base, moumed on rubber shock dampeners and tc tcd to 40,000# load bearing capacity . • '/•' exterior-grade pl)~,·ood flooring undercoated and scaled prior to installation to as ure I 00 % CO\'cragc and superior re istance to moi ture and deterioration . • Floor CO\ering is black , he.--y -dut,· transit rubber with ribbed aisle . Safety and Convenience • rainless steel safet)' stanchions on each side of aisle at passenger entry . • Curb -side mode ty panel and entry assist handrail at left of passenger entry . • Deluxe stainless steel exterior mirrors "irh com·n mirror. • Interior dri\'cr/passcngcr \'icw mirror . • High back dm er"s SCJt. • Rear bumper is he.-1·-dury 12 gauge formed steel cha nnel \I ith wrJp ·around ends , primcrcd and painted while to match base body . • Exclusi\'c Trac -Loe~ steel track seating system i fully unegmcd into steel frame undersrru crure and allows quick and rasr seat re -spaci ng or remol'al for grcarcr flc~ibility and higher resale 1·Jluc . • All models meet or ncced all applicJble FM\"SS rc .. 1u1rrmcnt\ Electrical and Lighting • Master electro -pa nel wit h all fuses, breakers and relays casil)' accessible in driver compa rt ment , away from excess heat and road clements . • Drive r control conso le provides easy access and vie"ing for dri\'c r; all switches arc rela ys which produce no heat for ex tended switch life. • Al l wiring is fu nction, nu mber and co lor coded for case of ide ntificatio n for service and maintenance . • Al l wi ring is loomed and secured in positio n with loo m ties . • Int eri or cou rt esr li ghts arc activa ted by en try door and /or by driver with O\'erri dc switc h on control pa nels . • Exterior lig hti ng feat ures rear -drop style front cleara nce light s and low-profile, surface -mou nt , rear clearance lights which mee t all applicable FMVSS and ICC req uirements . • License plate light is recessed abo\'c the plate locator to protect against damage and ou tside clements . •Taillight assemb ly provides tai l lig ht illumination , turn signal (amber ) and br.ali:.c light illumination . • All chassis cab interior and exterior lighting is standard automoti\'c style . • Dri\'er dome light "ith rotal')· dimmer on headlamp switch . Window s • Doors • 30 ' x 80 ' driver operated, double -leaf passenger entry door ";th door activated stcpwell entry light and upper and lower loading area view windows. Door control mccl,- anism has casv -acccss door for scnicc and maintenance . Ground to fir"st step approximately 11 ' with 9 ' risers . • Traffic ,·icw windows fon\'ard of passenger cntl')· door. • White step nosing at entry for improved step edge ,·isibility . Interior Fini sh and Trim • Cei ling headliner and wall panel is low mainrcnancc , eas • to cle,n , bright "hire 11-cl -coatcd FRJ' "hich "ill not fade or absorb moisture. mildc", dirt or retain odor. ,nre EI/JurRdo Nnr,ona/ ro ,in11,it/y 11ru ,,1 ro ,..,pro.-, 111 prod · ucr. Rll 1pwjicR11um art sub;u r ro rba11.,11t rtrhout 110/lu. • From heavy-duly transit vinyl lo designer labllcs and everything In btlwttn. our sealing material colon and textures Ole only limited by the lmoginolion . Whatevtr lht application. Int choice is yours . ., .,,. ·r,..i,. ..... )i., Floor coverings In '""" heavy duty transit rubbtr or cornrntrclal grade carpet provide a colorful, durable way of accenting Int lnltrlof. ·• • • • i----l ! __ _) • ... ·.·." . : ., . . .. ~ . . .. •, . \, Popular Options Heating/ Air Conditioning (For maxi mum A/C performance , manufacturer recommends no A/C ducting .) • Passenger area A/C systems ranging from 30,000 BTU to 87,000 BTU • Passenger area heater units with 30,000 BTU or 60,000 BTU capacity ( use multiple units for additional heating.) • All A/C and heating systems are thermostatica ll y controlled with all controls loc.ated on driver control console. • Ahemators-available up to 250 ·amp output . • Fast idle S\\-itch . • (8 ) D·battery with slide ·out tra y. • Driver's power fan . • Roof vent /escape hat ch. Windows and Doors • Window si1,es: 24 ' x 36 ' or 24 " x 42 ' • Electrically oixrated, driver controlled enrry door . • Entry doors : ~6 " x 80' or 40 " x 80 " • Sliding , pocket ·typc entr)' door . • Scnsiti,·e edge on entry door . • Rear emergency door with ajar buzzer and light . • Entry door interlock . • Wheel chair and exterior luggage doors arc steel framed with non · corrosive composi te door panels , stainless steel hinges and positive, lockable , 2 ·point lat ch mechanism . Seating • Two ·passcngcr bench scats . • Low, mid and hi gh ·back bucket scats. • Comple te range of hea vy ·duty ,inyl and fabric upholstery . • Complete range of seating features including recliners, side sliders, foot rests, map pockets, passenger restraint belts , headrests and grab handles . • 6·way adjustab le h ·dra ·mechanical drivtr's scat . Luggage • Rear luggage companmmt \\ith hcavy·duty doors . • Rea r luggage cargo nci. • Moveable rear lu ggage wall . • Overhead luggage bins . • Floor luggage rack \\~th shch-cs . • Lockable s11;1rage companment abo,·c dri,·cr . Comfort, Appearance, and Safety • Full ran$e of radio, stereo audio systems mcluding PA system . • Complete TV /VCP audio/video package . • Restroo m. •Foodservice center w/sinlt and refrigerator . • Fabric headliner and wall covering . • Colored floor rubber or carpet in a Mdc ra nge of co lor choices. • Stainless steel wheel inscns or aluminum wheels . • Front lighted destinati on sign . • Full range of attracth·c paint schemes or rnstom painting and lettering . • First ·aid kit, fire extinguisher , road · side flare s/reflectors . • Rcvc.rsc alarm . Handicapped Accessible/ADA approved • All models arc able ro provide handi · capped accessibility and meet all applicable ADA requirements . • Complete range of f.larform or passivc ·ty pc wheelc 1air lifts , tic -down sccu rcmcnts. flipscats, assist handrails , signage,etc . • Eleva ted flat ·floor mqdel s a\'ailable for increased wheelchair capacity. -------Chassis------- • E·350 or E40 super ·dury Ford chassis • 5.4L EF I \'·8, 6 .8L EFI \'· 10, or 7 .3L DI turho diesel • E40D 4·<pctd m1oma11c o,·rrdm·r transmi ,ion • l:.·350, L1225/ ~R x lt,D rach•l 11rcs, F 40 upcr dut\, 11225/ 5, 16F rad 1al 11rcs • \\'heclhN, UR : 158 " or I i ,;• • F 350, 4 10 rear a,lc uuo; F 40 upcr ·dut1 . 4 ·63 rear n .. • Duk charcoal dash rrim • I 30 ·amp alternator • GVWR: 138 'WB 10 ,300#-14 ,050 • Fucl ca pa city : 35 gal on 10 .3 00# and 11 .500#: 55 gal on 14 ,050# G\'WR h.w,s • Air condi ti oning • peed control/tilt st eenng a\'aibblc on cen.i in model< • Du;iJ battcric • Gauge instrumenraiion • Brakes : 10,300 and 11 ,5 00# GVWR -A.RS , 4 "'I.eel di 14 ,050# G\WR -+wheel d, • Tinted i:J;ass • 11 D radia1or • T ransm1 <ion cooltr • Chrome front humpcr •" t gnll a1 ailablc on crnain me • ·• • I l l '-=-' ;... .. : ... _,._./ . ,~ .• \, Total Quality From The Leader in Small and Mid-Size Buses . E1Dorado "I National a ~<:>~ company Aerotech Quality has ne ver been more irn · portant than ir is today, and at EIDorado National we take e\'ery s1ep 10 insure the \'Cf)' highe s1 standa rd s o f quality Jnd ,alu r.. uch J cornmi 1111enr isn'1 cay, bu1 nobod\' e\'cr said being the lead er I h11 1otal co mrniuncn1 is one re sult of being a part of Thor Indu stries. F.IDomlo Na 1i o nal's parent co mpan y. Thor has always maintained a clear 11 ,11 m 11f ho" pu11in g 1he customer liN lead, Ill unequa ll ed quality and , .1lur . As .1 rc1ul 1, Thor ha, gro wn ,1cJd1h IO become 1hc largest small J nJ 1111d ,1,nl ,0111111crd.1' hu s 111 .1n uf.1ct11rrr in 'nrt h America • 111 d till' <111ly one listed on tht· 1 n1· )ork \10,k E,,h.111gc . Our ,mtorn ers 1•11 1 11 , ,dine \\f Jrc tud,1\, rnd ",c \\ill .1 1\\J\I rrmrmhcr th.11 . MST Escort RE While putting our cus1omers first is our philosoph y, keeping them there is our full -1imc job . As your need s change, our products mus1 keep pa ce . With superior financial st rength. Thor and EIDorJdo National ha\'c the re sources J\'ailabk for the ,rcscarch and de\'clopmcm necessary to best mee1 those needs . Qualil)' leadership also means exceptional customer support after you 1ake dehery of your hus . With the largest sales and scr\'ice ck.1lcr network in the com merci al liu s industrr, we can assure you of the technical support and the parts yo u need to keep the wheel s turning. lmp ro\'ing quality i a co ntinuou s proccs -it begins when ,1 c li sten to o ur customers and it nc, er ends . Nobody J1d ht111g the leader 11 as cJ<y ; hut • then. noho ly li11cn~ lik e ElDorJdo Natio1ul Escort FE ,_, Creative Bus Sales, Inc. Customer: Project 1 1 1 1 1 1 1 1 1 1 1 1 1 . BAIEIIODY .... 22FM ELDORADO NATIONAL AER0TECH 220 4FH30B 2004 E450 FORD 151-8.l-50 8TATE-14050GVWR TIC . . CHASSIS MODIFICATION& . 121000 MANUAL. ·AS BUtLr PARTS & EL.EC .. . . . . ·DOORS· ., ... 3171EO DOOR, ENTRY 38" ELECTRIC .. .. . DOOR IIODlfiCATioNS. n3800 EXT. LIGHT· ENTRY DOOR• ADA . WINDOW8 383000 WINDOW PKG: 41H X "lllW TT (taW IODY) AIR cONDITIOtlNG 413000 NC, CAC553 MAX 17M IITU GAS .. Ai. TERNATORB a UI ii!RID 454210 BATTERY TRAY. KWlt<EE STD . 455000 BA~RY ID 414500 DISCOMIECT, BODY ONLY . . HEATING 442000 HEATER.. Ill< IITU (PR(WR 4111) . . ELECTRICAL-(QJ!V'. -,i!NIDR--) 724200 Ol'OUND PI.ANE. OPT. P,KO., W/0 ANTENNA 71IIOO TURN 8IONAL8. SIDE AMIOMD 724800 ~AYRADIO.~_(WIREONL~ .... ELECTRICAL (INTERIOR) 720500 RADIO,AMIFM .. -. . .. SAFETY tEXI i!luOR; .. 111000 REVERSE ALARM • 17 DB . . SAFETY (INTERIOR) 71S500 FIRST AK> KIT, HI UNIT .. . 714200 FIRE EXTNGSHR & REA.ECTOR Kn' 412312004 t • • FEATU ... (INTERIOR) . ····· 1 710000 HANDRAIL, ENTRY RIGHT, HAND 2 710500 HANDRAIL, OVERHEAD 1 n2000 MODESTY PANEL, DRIVER'S OPTION .. . . .. SEATING --.... 1 881300 SEAT, HI-BACK CAB RECULMBRiARM (FREEDMAN) 14 IIOOOO SEAT COVER, ALL VINYL· LEVEL 1 14 820100 FEATHERWEIGHT OPT (PER PASS) 8 829300 SEAT, MID-BACK DOUBLE FREEDMAN 14 871800 SEATBELT, 74• RETRACTABLE 8 870000 SEAT ARMREST, U.S. ARM 12 872400 SEAT ORAB HANDLE, PADDED . . . ·-PARA'i'RANarr OPTIONS 1 231100 INTERLOCK, TRANS ADA SP.EC , 800000 LIFT DOOR, DOUBLE (REAR) 1 824410 LIFT, RICOH S-Z010 / A.DA (FRONT PUMP) 1 131800 FUPSEAT, FREEDMAN FOI..D-A-WAY SINGLE 1 830400 FLIPSEAT, FREEDMAN SINGLE 1 847000 TIEDOWN BELT STORAGE eox 1 861200 DECALs, ADA SPEC 2 862100 RESTRAINT, Q.8100-A 1-L 1 880000 LIGHT, W/C LIFT EXTERIOR ADA 1 •1000 UG~. LIFT INTERIOR , 911000 P~ o,~Tiotif PAINT, NO PAINT ' ,r .w,, ,.,--, 'DE ______ i . EB I --, . -.. t -I •= =-·~Ef L ~-..1 . ~---u.oo-...... NEXT ASSY.: NONE SUPCRC£DES:NON£ DO NOT SC.AL£' DRAWING 1-1 •r::, .._. wm WII< fWfT IUIIIER IJl!J lll'tfSOI OIi AU WllfS -• - '{ \ \ FORO ,ss· ltHED.B4SC ' . msg' UIHr a--, MIIDMt CO. A 11,W MIUSJIID COIIWl'I SPIC INS -IS H ,.,,,,,,., 0, 8'alllO MUIDMII. CIGM'Mr. A IIDt --, 0/JIIIWlr MID IS llllt 1D "ii llll'IICUID Cit U5D II MIi' 111r «-n, 1NElt ,a, -. .,, 19~T2211-2602 11-1 · ~ .. , • .. ··.---;:-. ·--;-. \. -• '-'"'i ·~-:-'~ .. . · ........ : .. : I ', ' . ... .. ,. ~-.. ., -•. ~· .. • . I .• . . ....... . 0 . . ,,' u ~ 10 ·· :,.:' ' • ! .c .• - - -. / CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS EEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. --·-~·-·· -~· -·-·· ·-., ...... .. -,I .. . . \, ________ .;._ ________ -,\~:'.: TORO 151• . IMEIMSE' NIA USED VEHICLE l>ENTFICATION FORII If uwl vehicles 8NI proposed by the COi lll'ac.ulr for UN In this project, 1h11 form lhall be completed. Number d Used Vehicles Provided .. 11am v-1 _, -ll Vehicle used u lll'lmarv or beck-uo? Vehicle 11111A MarMacturer/ Yr ,_ 'aeallna ,,._,..,, Tvmidenalne Wheelchlllr accee1lble? Total IICCUIIUMld vehlde mllea Mllel ilnce lat IJVWhaul Tire candlllon If vehk:le ii equipped wllh. whNlcta .. delcrlle ~ and llltactl ~- USE ADDITIONAL SHEETS AS NECESSARY TO COVER ALL PROPOSED VEHICLES . NON-COLLUSION AFFIDAVIT FOR PROPOSER STATE OF KANSAS COUNTY OF JOHNSON WIiiiam H. Yatn declares and says: 1. That he/she Is the (owner, partner, representative, or agent) of Laidlaw Tranelt Services, Inc., hereinafter referred to as (contractor) or (subcontractor). 2. That he is fully informed regarding the preparation and contents of this proposal for certain wort< In the State of Colorado. 3. That his proposal is genuine, and is not collusive or a sham proposal. 4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this afflHate, has not in any way colluded, conspired, connlvad or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham proposal In connection with such contract, or to refrain to submitting a proposal in connection with such contract, or has in any maMer, directly or indll'ectly, aought by unlawful agreement or connivance with any OCher propoeer, flnn, or peraon to fix the price or prices in said propoeal, or to secure through collualon, conaplracy, connivance, or unlawful agreement any advantage against the City of Englewood, CO or any person interested in the proposed contract; and, 5. That the price or prices quoted in the proposal are fair and proper, and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the propoeer, or any of lta agents, owners, representatives, employees, or parties in Interest, including this afNlate. I certify (or declare) under penalty or perjury, that the foregoing is true and correct. Dated this Signed : Title : -1 ATTACHMENT A Resumes: ), Bl Hipp, ), Susan Spry, ), Doug Gies, ), Peter Briggs, ), Rick Hlttinger, ), Blake Vaughan, ), Joe Lyle, Project Manager Vice Praeldent of Operations Area Gaieral Manager National Manager of Hunan Reaources Area Manager of~ Dlreclor of Drh.w Development & Safely Dlr8Clor of Pllrmg & Schedulng SeMcee .LAIDLAW TRANSIT IERVICEI , INC --·• • • ,~·~ t l -._,). RESUME FOR: CHARLES (BILL) HIPP PROJECT MANAGER EDUCATION -ACADEMIC AND PROFESSIONAL TRAINING: • Certified Community Transit Manager (CCTM) since 1998 • Safety Manager designation -AZSTAR (a national EMS insurance provider) Certified 1988 • Licensed State Certified Paramedic -1982-1995 • Graduate, St. Anthony's/Denver General Paramedic Educational Program - Paramedic -1982 • Graduate, Aurora Presbyterian Emergency Medical Technician Program -EMT - 1979 WORK EXPERIENCE: Laidlaw Transit Services, Inc. Denver, CO Project Manager September 2002 -Present Duties: Currently manage all aspects of the day-to-day operation of the RTO ADA Paratransit Services for the Denver area that includes a 70-vehicle fleet and approximately 115 em~drivers. Ensure contractual compliance and customer satisfaction in all areas of operation. Recommend changes in policy or procedure, as necessary, to ensure system continually operates most effectively and efficiently. Further, control all administrative functions including $5 million annual revenue, payroll, and record keeping and customer reporting . Oversee effective recruitment, hiring and training of all personnel including drivers to ensure succ:essful on-the-road operations, passenger relations and safety. Manage dispatch and scheduHng functions to ensure service quality and maximization of resources. Oversee vehicle maintenance in conformance with Laidaw and customer procedures. Accomplishments include the highest quality of service and the best on- time performance among all of the five service providers. Special Transit Boulder, CO Director of Operatlona/CCTM August 1996 -September 2002 Duties : Directed all aspects of operations for this fixed-route, demand-response paratransit and complementary ADA services Transportation Company, providing services throughout Boulder County and Metro Denver. Oversaw approximately 350 employees and a fleet of 230 vehicles. Handled oversight of four subcontractonl, as wel as aH reeervations, scheduling, dispatching and data entry functions for the Denver Accees- •Ride service. Supervised dally fleet maintenance, 88 well 88 capital expenditures for fleet vehicles. Analyzed dally statistics with emphula on efficiency and quality of seMCe. Continuously coonlnated betwn various contradorl and departments (including Communications, H1.NY18n Reeourcea , Accounting, Administration and Marketing). lAIOL4W T RANSIT SERVICES INC .. .. ' ' I ' • • -= a 0 (Cont.) Special Transit Director of Operations/CCTM Communicated fully with various municipal agencies, including Special Transit's Board of Directors, City of Boulder, Boulder County, Rl'D, Its Board and subcontractors, Senfor Citizen resource centers, and other community service agencies. Instrumental in successful completion of a major redesign and renovation of a new, additional office buildinq to serve as the Center for Operations, Fleet Management and Communteatlons. This $300,000 project came in under budget and on time. In addition, served as a key factor in Special Transit's extensive growth over six years, inclucl'!9 addition of new services, a significant increase in ridership, and resulting income stream throughout the various services. O'Meara Ford Center Northglenn, CO Sales Repreeentative July 1995 -August 1996 Duties: Sold vehicles to customers. Provided them with price quotes and answered questions. Made customer service a top priority. American Medical Response Aulstant Director of Operations (formerly Ambulance Service Company) Denver, CO 1993 -July 1995 Denver. Supervised Duties: Oversaw EMS operations for all of Metro approximately 200 field peraonnel and 60 vehiclee. Handed scheduling and payroll reconclllatlon. Provided client Mnice to patients and contracted agency ,. ... datives. Enaunld employees received proper and thorough tralnilg. Analyzed dally atatlstica wllh emphasis on efficiency ancf qually of NMCe. Facilitated conllnual coordination between va~ departmenta, Inducing Communications, Human Reaources, Accounting, Adrnluillbation and Marketing. Maintained contact with various ffll.llicipal agencies, including f"n Districts and Are Board rnernbera. Clly Coi.n:11 rnernbera. Police Departments, Hospitals and other EMS reprwntatives throughout Metro Denver . Instrumental in the successful transfer of Operations from Ambulance Service Company to AMR, upon AMR'I acquilltion. Aleo deeply invollled with the subsequent merger of AMR with Ila chief competition, including the addition of another 120 ernployw and approximately 35 Yehic:lea. Ambulance Service Company Denver, CO Operations Manager 1988-1lf83 Duties: Managed aH aspects of operations, overauing aoproxirnat9ly 150 employees, 28 ambulances and 15 Amb-O-Cllb111 (panitranlit) vehic:IN . (Also ssrved as Openltiona Sc.p,Mea, (1986-1918), Paramedic rleld Supervisor (1984-1986), Md EMT/Panitrt«llc (11119-191N) tor ,,_ Ambulance Senrlce Company.) ( ' . " . ,• • • l _ RESUME FOR: SUSAN SPRY VICE PRESIDENT OF OPERATIONS EDUCATION • ACADEMIC AND PROFESSIONAL TRAINING: »-Bachelor of Arts,Universlty of Wisconaln, Madison, WI, 1981 WORK EXPERIENCE: Laidlaw Transit Services, Inc. Vice President of Operations Duties: Duties: Duties: January 2004 -Present On behaH of various public and private agencies contracting with the company, directs public tranaportalion operations In the western United States. Ensures Ol)8r8tlonal excellence by applying proven aervlce implementation and management procedures. · Primary reaponsl>Hltles Include contract negotiations, client llalaon, start-up, management development and supervision, budgeting, and Implementation of client procedures and system analysis lor ihe company's fixed.route and paratranell contraci operatlona In the waatem United States. Provides continuous operational OV9f8ighl to ensure contract compliance and agency satisfaction. Vice President of Sales July 1999-January 2004 Directed bualness dev9lopment activities inctudlng management of aale8 team, prapoaal admlnlatralion, support 8laff and operations 8P8Ciaiala. Developed pricl~ l8chnic:al atrateglea to aecure new bullrl8tl8 and retain existing • Managed amual procurement volume of approxlmately $119 mllllon In pol8nllal revenue. Directed company parllclpalion In nalionll and realonal tranaporla1lon conferenc:es and aaaoclallon8. Worked effdvely wlln operaliol• twn to make certain that bu8ine88 retention atratealN received folow.ttwough and ensured customer 88118faclion. Collectea data for ltalllllcal analyll8 and development ol relined marketing strategy. Commlttad to Mlhanclng organizational strength through team building. Aprll1r-~ = al sales and marketing activltie8 In the WNtem United States new bueineaa, retenllon of exi8llng bullnela, developmelll of promoti6nal materials and cuetomer relaliona. Secured new bu8ine88 In ma;c,r markets lnc:ludlng MIiwaukee, Chicago, TulN and Denver. Oversaw 81 icceaful trlnallion of buairl8l8 developrnenl department aubeequent to 8CQUialllon of Mayflower Contract SeMcea, Inc. and DAVE Transportation by laiclaw. Mayflower Contract Services, Inc. SIIN Manaaer September 1982 -April 1f95 Duties : Developed new bullnel8 for growing public tralllPC)ltallon clvillon of company, which Included ..... dNigr'I b>andranllt. ADA. local filled. route circulatDra and..--*8, and TM0'1) to fflNt agency Nedi and e,cpectallol._ Secured new bullnNI wlt'I 20 = wtich conlrl>Uled $31.2 maon 1n new company ,.,.... Mllble for propoul l'NNl'Ch and WIiing, = ~· .... ...... negotiation, acquillllon and facllly .cornet rwN, =----· -. --wolAw TRANSIT SERVICES , INC ' • • ·• • • 0 r-1· ~.__;. Mayflower Contract Services, Inc. General Manager Senior Operations Manager Duties: August 1990 -August 1992 Provided operational start-up assistance to Pomona Valley Transportation Authority (PVTA). As PVTA General Manager, directed day-to-day operations for general public, demand-response Dial-A-Ride, and door-to-door Dial-A-Ride transit services using 48 vehicles. Supervised 70 employees. Responsible for personnel hiring, training, evaluation and morale. Supervised all administration activities including vehicle maintenance, safety, scheduling, and budget and payroll. As PVTA Senior Operations ManajJ8r, responsible for oversight of facility operations in Southern CelHomia, including Pasadena, Beverly HUis, San Diego County and San Bernardino County. Provided management leadership to maintain performance standards in compliance with company and client policies and procedures. Accountable for personnel efficiency, communication and morale within operations area. Performed contract appraisals and fleet maintenance inspections. Directed budget preparation for each location within operations area. Mayflower Contract Services, Inc. Senior Operations Manager Duties: January 1990 -July 1990 Managed operations for following Wisconsin and Illinois contracts: Chica~ PACE, Madison, WI Public Schools, Dane County =ent on Aging and Department of Health and Social Services, and lwaukee County User Side Subsidy Program. These contracts involved 200 vehicles and 300 employees. Developed preventive vehicle maintenance and servicing achedule8 and maintained appropriate records. Provided guidance and direction regarclng al aapecta of V8hicle specifications, !TI()difications and restorations. Reaponslble for budget preparation and personnel management ac:livities. Mayflower Contract Services, Inc. General Maiager Start-Up Coordinator Duties: July 1988 -December 1990 As General Manager, directed and supervised paratranslt and fixed-route operations for the Bi-State Development Agency. Implemented first Dial- A-Ride service for the City of St. Louis. As Start-Up Coordinator, oversaw implementation of fixed-route service contract with the Denver Regional Transportation District. including staffing and coordination of new service with pntVioully existing service. Developed driver training program . Recruited, hired and trained more than 100 vehicle operators and staff. Mayflower Contract Services, Inc. Operations Manager Duties : January 1982 -July 1988 Managed day-to-day operations for 120-bus facility that provided Tille XIX-funded specialized medical transportation, demand-relporwe and pre-scheduled Dial-A-Ride and ~ NNicea for 1,200 developmentally disabled adulls and apecial education atudenla. Directed implementation of 100-whicle special education atlJdenl lnnportation ~ram. Managed program growth horn 20 vet*=lea lo 120 vehldN during proiect term . ' .. .. • • .. • • RESUME FOR: DOUG GIES AREA GENERAL MANAGER EDUCATION· ACADEMIC AND PROFESSIONAL TRAINING: )l> Bachelor of Science, Business Administration, University of Nebraska (Lincoln), May 1985 PROFESSIONAL AFFILIATIONS: )l> Colorado Aaeoclatlon of Trwlt AgenclN (CASTA) -President CJ Leads Board in quarterly meetings CJ Makes annual presentation to State transportation legislative committee CJ Plans spring and fall conferences CJ Plans spring roadeo CJ Transportation adwcate WORK EXPERIENCE: Laidaw Transit Services, Inc. Denver.CO Area General Manager 1996 -Present Duties: Manage Laidaw's fixed-route and paratranslt operations throughout Colorado, Utah, Nevada and South Dakota. Over9ee eight oeera~ totaling more than 430 vehicles and nearly 1025 employees. OV8r8ight includes two management contracts. Reaponsl>llltie include serving as customer liaiaon and ensuring operations meet or exceed customer upectaliolis regarding eervice ~· efficiency and productivity. Ensure that Noble Purpose and 'romlses to the client and employees are met. Manage budget and staffing levels. Assists local management and client with issue s when they ariee. When needed. involved in the local operations and attends meetings held on a regular basis with the RTO client. Laidaw Transit Services, Inc. Dlvilion Manager 1994-1996 (Formerly MaytloM,r Contract SeMces, Inc.) Oenwr, CO . Duties: Directed a 64-vehicle operation providing fixed-route service. SupeMeed a staff of 180 employees. R8lp()fl8ible lor al apects cl the day-lo-day operations, including oversight cl routing, and cllpalch functlona. Also provided oversight cl driver tran,g, vehicle maint9nance, and safety programs. Implemented lalclaw prograf!III Including the Safely Manual, Laidaw Contract Manaaement Syelem, and Vehicle Maintenance Guide. to name a few. F"urther. conlroled d adrninlatrative functions including budget. payrol, and l'9COld keeping. Direct liaison between the RTD Conlracted SeNicN Manager and the local Laidlaw operation. Met regu1a,ty with RTD staff to dleaa ..,.. related to Nnrice levei. ancJ impnMment in b aen,ice. Map accompliehrnent wae to help Implement a ufety program that uw a reduction in accid111ta fnlm 8.2 per 100,000 mlN to .ea per 100,000 miles. LAIDLAW T"ANSIT SERVICES . INC ' -... ·' • • Mayflower Contract Services, Inc . Overland Park, KS General Manager 1992-1994 Duties: Managed a 41-vehicle operation including both fixed-route and paratransit service for Johnson County, Kansas, which was under contract with MCS . Supervised a SO-driver staff. Accomplishments included maintaining steady ridership while the Kansas City Area Transportation Authority expenenced declining ridership. Increased paratransit ridership by 35% with a 20% increase in service hours. Worked closely with the County staff to resolve customer issues. provided planning data, and route changes to meet the transportation needs of Kansas City's fastest growing suburb. Established a high customer service ethic throughout the facility. Consistently maintained excellent vehicle maintenance facility with high standards for vehicle cleanliness. Organized office and administrative functions in an efficient manner, to ensure timely and accurate reporting required by the County. Mayflower Contract Services, Inc . Topeka, Kansas Senior Operations Manager 1989 -1992 Duties: Responsible for ongoing management and operation of 18 company locations encompassing over 585 personnel and 500 vehicles, which included transit coaches. Provided contract manager leadership to maintain MCS standards in compliance with corporate policies and procedures. Monitored Mayflower Contract Management System weekly and educated, as needed, to ensure compliance. Accountable for the efficiency of personnel, communication and the level of morale within the operational area. Performed contract appraisals including fleet maintenance. VISited each customer in the operational area to ensure the customer was satisfied and informed regarding the service quality provided. Monitored manager trainee programs for trainee aasigned. Ensured that assigned locations were actively involved in promoting the quest for an enviable workplace . Involved in budget review proceaa in an ongoing manner. Mayflower Contract Services, Inc. T opeka, Kansas Contract Manager 1986 -1989 Duties: Responsible for a 70-vehicle operation and delivered training to driver trainers. Secured, trained and re-trained qualified personnel . SUpervised maintenance work, including collectlons of warranty, accuracy of repair orders, control of parts, purchasing and Inventory. Investigated vehicle accidents. Coordinated routing of vehicles. Investigated and settled insurance claims . Mayflower Contract Services, Inc. Omaha , Nebraska Manager Trainee 1985 -1986 Duties : Assisted in aH phases of contract management. ' .•' • • - 0 •• • • 0 RESUME FOR: PETER BRIGGS NATIONAL MANAGER OF HUMAN RESOURCES EDUCATION -ACADEMIC AND PROFESSIONAL TRAINING: );>, University of Michigan, MBA 1965 }), University of Michigan, BBA 1962 );>, Fonnal Mediation Training, University of Michigan, City of Boulder, CO, and CDR Associates. SUMMARY: Serving 25 years in transportation, industrial and service sectors with major corporations, contribute significant labor/employee relations experience. ComprehensMI senior-level human resources leadership experience emphasizing strategic planning, policy development and operational support to increase the return on investment in the human asset. Strong knowledge of business operations, organizational development and analysis, employment/labor law and facilitation processes. Excellent Interpersonal communication, developmental, presentation, mediation, negotiation, analytical and problem solving skills. Understands the needs of multiple constituencies and faciHtate the development of positive results. Well-documented success throughout career in creating and directing proactive, participatory human resource functions In strategic partnership with major divisions of Fortune 200 companies and Denver-based multi-location companies with sales of $800 million. Areas of expertise include labor contracts, development of positive company/union relations, ADA, EEOC and Affirmative Action compliance. Highlights of labor/employee relations experience: Successfully interacted with major international unions, I.e., UAW, Teamsters, Longshoremen, UPIU, IP&GCU, 19EW, ATU and CWA. In-depth familiarity with all employment law, grievance, mediation and arbitration processes from working seven years' for a labor attorney in a corporate environment. Negotiated more than 65 labor contracts, many with economic tenns less than industry averages; eliminated staffing/scheduling restrictions and COLA clauses , while reducing wage scale costs 8-20%. Originated innovative wage adjustments based on productivity gains while creating positive union and employee relations . Defeated union organized attempts resulting in improved employee relations and improved two-way, open communications. Decertified union and replaced union shop clause, which increased operational flexibility . Represented employers in 20 affinnative action compliance reviews without agreeing to quotas or compromising operational efficiencies. • Successfully defended against many EEOC charges of alleged discrimination concerning race , sex, age, and equal pay. Planned and implemented ADA and other similar statutory compliance programs . lndepandently handled grievances at au steps and prepared and preeented arbitrations. LAIDLAW TRANSIT SERVICES . INC ' .. .. • • (Cont.) Highlights of labor/employee relations' experience: Strategically planned, analyzed, costed and negotiated all subjects and pl'CMSions of labor contracts on all subject areas including economic analysis, costing and subsequent supervisory/managerial training. • Represented companies before NLRB in RC's, UL's and RD's. Developed positive company-union relations based on integrity, proactive orientation , understanding and effective communications, rather than maintaining an adversarial posture. WORK EXPERIENCE: Laidlaw Transit Services, Inc . Denver, CO National Manager of Human Resources 1998 -Present Duties: Oversee and conduct labor negotiations, counter-organizing campaigns, arbitrations, resolution of_ grievances and employee complaints, sexual harassment and wrongtu1 termination inwstlgation8 ":C::. the United States. Direct outside counael on hani:ling and ~ of lawsuits. Direct affirmative action compllance. Par11cipate with exec:utiYes and operational personnel In strategic planning and operational = to Increase the retum on ll'Ml8tnla'lt In the human aaaet, organizational development and analyals. PhyCor of Denver, Inc. Director, Human Resources Englewood, CO 1996 -1997 Duties: Developed, strategically planned and directed human resources pollclea and programs for a dynamic growth-orienled medical management company , I Wackenhut Services, Inc. Broomfield , CO Manager, EmployeelLabor Relations 1993-1996 Duties : Planned and directed employee/labor relations and EEO program for a major subsidiary, which had an excluelve contract with the U.S. Department of Energy . Dynam ic Materials Corp. ' Director, Human Reaources Lafayette , CO 1990 -1992 Duties : Established contemporary proactive human l'9IOUICN polclea and programs for a national metal fabricating firm, which utillad unique technology. .. r t • • --•• • • RESUME FOR: MYRON(RICK)HfTTINGER AREA MANAGl:R OF MAINTENANCE EDUCATION AFFILIATIONS: ACADEMIC/PROFESSIONAi. TRAINING AND PROFESSIONAi. ~ Co-Chair -Alternate Fuel Committee, American Public Transportation Association (APTA) (1996-98) » Member-Alternate Fuel Safety Committee, APTA (1995-00) » Member -Alternate Fuel Committee, pa~ation in Transportation Cooperative Research Program project (1998-00) led by APTA Chief Engineer to update specifications for 35-40' CNG coaches. » Transportation Leadership and Management Program (TLAMP) -University of California at Los Angeles, John E . Anderson Graduate School of Management, Distinguished Graduate (12/1996) » U.S. DOT, Dept. of Motor Vehicles, American Samoa, Hawaii Region (9-10/1986): Safety Inspection Bus & Heavy Truck, 2-week course; Hazardous Waste Handling & Transportation, 1-week course. » West Texas State University, Canyon, TX (1974-n) Bachelor of Music Education (BMEd.); Life All Level Teaching Certificate (Texas) 39 hours towards Master of Arts, Educational Psychology » U .S. Army Bands , Sergeant First Class E7, NCO Academy (1969-72) (Honorable Discharge, Meritorious Service Commendation , National Defense, Numerous Letters of Commendation) » West Texas State University, Undergraduate Studies (1966-68) BMEd. 1975 » Lubbock Christian College, Lubbock, TX (1964-66) Associate of Arts, Music and History » Cal Poly, Pomona, CA {1963-64) Engineering Power Technology WORK EXPERIENCE: Laidlaw Transit Services, Inc. Area Manager of Maintenance Long Beach, CA 2004 -Present Duties: 'Direct fleet maintenance departments throughout the southwest area of the United States, including Calffomia, Arizona, and Nevada. Responsible for 16 vehicle shops totaling approximately 1,000 fixed-route and paratransit vehicles . Provide start-support of vehicle operations . Scope of responsibility includes vehicles, shop lfacilities and support to shop superviaonl and staff. Assist Division Managers with maintenance issues, coat analysis, and RFP analysis. Perform bus inspections and assist with bus specifications. Serve as liaison with operations department to achieve a safe, reliable operating fleet with adequate reserve vehicles. Ensure shops are property staffed and trained, equipped, organized, and safe . Met ropolita n T ransportation Authority Maintenance Manager Diviaion 10 and 6 , LACMTA Los Angeles, CA (Total Tenure: 1990-()4) June 2002-January 2004 Duties : Responsibility for the largest Operating Division 10 in the LACMT A System and Division 6 Venice Beach, which shared eervice with Olviaion 10. Served as Senior Maintenance Manager and Chair responsibility for development of a new Injury and illness prevention program rolled out in November 2002 . LAIDLAW TR AN SIT SERVICES . INC .. I ! • ' • • Duties: Duties: Duties ; ·• • • Superintendent of Maintenance, April 2000 -June 2002 Oversi1;1ht for 12 Operating Divisions performing the Maintenance Function and Operations the LACMT A bus fleet of 2,400 transit coaches. 950 Mechanics, 650 Servicers, 12 Division Managers, 60 equipment Maintenance Supervisors and associated clerks/assignment personnel. Responsible for successful completion of Annual CHP Terminal Inspections and the overall mechanical condition of the fleet. Served on the planning and implementation task force which designed the Sector Concept for the LACMT A to change direction and focus toward a more community-based service provision. (Position abolished with the operation restructuring in 2002.) Director of Regional Rebuild Center/Regional General Manager, August 1998 -April 2000 Responsible for condition of bus fleet. Directed a staff of over 350 Supervisors, Technicians and Service Attendants in the repair, refurbishment and total rebuild of transit coaches. The Regional Rebuild Center was the largest facility of its kind in the nation, encompassin1,1 five separate buildings with a total of 440,000 square feet under roof. The Engine, Transmission and Ancillary Unit rebuild and repair shops produced the necessary components to support MT A's Fleet of Revenue Coaches. The Paint and Body Shops repaired and rebuilt severely damaged coaches from accidents and vandalism incidents. Oversight responsibility of the largest single budget (Operations) in the Authority (exceeding $43 million in fiscal year 2000), which also encompassed procurement and distribution of necessary rotable and hard parts to support the entire fleet (2350 transit coaches) and 12 Operating Divisions. Responsibility also entailed the repair and rebuild of CNG (Compressed Natural Gas} powered coaches, as well as the implementation and administration of training to introduce this technology to the workforce. Developed and implemented the ARC 2000 Quality -Improvement Program that resulted in savings of $11 million in fiscal year 1999. This program was Ol'IQOing and would continue to produce savings and increase efficiencies at the !fegional Rebuild Center. Regional General Manager July 1996 -August 1998 Provided direction and support to four bus operating locations within the Southern Region . Provided leadership to a staff of 2,431 employees, including five Operating Divisions . Directed budget goals (total budget responsibility $204 million) and business plans. Monitored peak performance and operating efficiency to ensure an-time performance and improve customer service quality. Fiscal year 1996-97 goals included: High level of attention to operator courtesy; implementation of management ride program to all front-line supervisory personnel; assigning budget line-item responsibility to managerial staff to ensure budget adherence; interior coach cleanliness and implementation of inter-division inspections; and step-up team concept on llne operations. Facility and bus-stop landscaping and beautification projects negotiated and monitored for compliance. Numerous public speaking engagements for the Authority includinQ appearances/testimony before the AQMO, CARS, Los Angeles County Board ol Supervisors, California State L~ture and MTA Board of Directors. (Transitioned to Director of the Regional Rebuild Center when MT A changed its management direction, abandoning the Regional Operation concept.) ' .. 0 C • • - Duties: Duties: Duties: Duties: Duties : Service Operations Director April 1995 -July 1996 Developed goals/objectives and assigned/monitored work for the Western Region Operations' Division 10 and Terminal 6. Managed the coordination of equipment maintenance, transportation and store services; directed availability and assignment of proper operating and supervisory staff and resources to ensure service objectives were achieved within budgetary constraints. Also directed the review of division operations, and monitorecl system performance to identify cost efficiencies and solve problems. Served as Authority liaison with community groups. Conducted investigations, hearings and counseling sessions; prepared complex reports, correspondence, and standard operating procedures. Equipment Maintenance Manager, September 1991 -April 1995 Managed the coordination of equipment maintenance at Division 5 Including assignment of mechanical and supervisory personnel. Ensured conformance with department goals and eliminated impediments to peak performance. Identified problems and recommended solutions. Conducted Investigations, hearings and counseling sessions. Prepared complex reports and standard operating procedures. Senior Equipment Maintenance Supervisor October 1990-September 1991 Planned, directed, and assigned work for equipment maintenance personnel. Supervised efficient delivery of the division preventive maintenance program. Administered labor contracts; disciplined and counseled employees, and conducted first-level grievance processes and hearings. Equipment Maintenance Supervisor May 1990 -October 1990 Planned and assigned preventive/remedial maintenance work for MT A vehicles. Implemented and maintained safety programs; conducted meetings on safety tool uses and equipment upgrade projects; Investigated/reported accidents and Injuries. Additionally, counseled employees on compllance with procedures, rules and regulations; and conducted first-level disciplinary and grievance hearings. Equipment Service Supervisor January 1990 -May 1990 Supervised third-shift Service Attendants. Responsible for division contract employee payroll. Conducted first-level disciplinary hearings and safety training for contract employees; reported accidents, and prepared workers' compensation reports. Service Management Experience Service management e~rience from 1977 to 1990 encompassed various transportation services Including supeMSion of the Transportation Department for Star Kist Foods in Long Beach , CA, as well as four automotive dealerships comprising 140 rnechanlca, four senrice managers and SUJ>f>Ort staff of 35 individuals. Also provided corporate dealership representation at Labor Board actions and in legal Issues. lAIOlAW TRANSIT SERVICES , INC . ' .. • • RESUME FOR: BLAKE VAUGHAN 0 D DIRECTOR OF DRIVER DEVELOPMENT AND SAFETY EDUCATION • ACADEMIC AND PROFESSIONAL TRAINING: )ii>-City University, Seattle, WA • M.B.A., March 2000 • B.S., Business Administration, September 1998 )ii>-Certified Laidlaw Interviewer Facilitator )ii>-ManaQement Training • Improving Employee Performance, Work Habits, and Effective Disciplinary/Corrective Action -from Development Dimensions International, Seattle, WA )ii>-Training in Sexual Harassment, Right-To-Know, Washington State Self-Insurance Program, and Accident Reduction SUMMARY: More than 17 years of administrative, personnel, financial and business management experience, all with Laidlaw-owned companies. Received frequent promotions to a variety of positions within Laidlaw's upper manaQ9ment team. Developed solid track record as member of management teams in operations, personnel, and risk management. Created and implemented employee incentive and communication programs and policies. Applied innovative methods to increase employee benefit packages while reducing overall labor costs. Formulated strategies to reduce expenses while fmproving efficiency and customer service. Strong knowledge of business operations, organizational development and analysis, employment/labor law and facilitation processes. Excellent interperaonal communication, developmental, presentation, mediation, negotiation, analytical and problem soMng skills. Areas of expertise include labor contracts, development of positive company/union relations, ADA, EEOC and Affirm!ltive Action compliance. Extensive computer knowledge and experience, including application programming, analysis experience and multiple conversions of employee management packages. Well versed in use of the lntemet as a research and business tool. WORK EXPERIENCE: Laidlaw Transit Services, Inc . Sherman Oaks, CA Director of Driver Development and Safety-West Area July 2002 -Present Duties : Direct the design and implementation of safety and training function for public transportation operations in the western United States. Member of the project implementation team for new contract awards. Monitor and evaluate existing facilities and services to ensure safety concerns are promptly addressed and corporate safety standards are maintained. Conduct ongoing safety analysis and work cloaely with Project Managers and division safety personnef to develop cost-effective 80lutlons to safety challenges . LAIDLAW TRANSIT SERVICES , INC . ' ... .. ... /· • • - 0 ·• • • 0 Laidlaw Transit Services, Inc. Sherman Oaks, CA Area Manager of Human Resources July 2000 -July 2002 Duties: Oversaw employee/labor relations for all California pr<:>,jects. Conducted labor contract negotiations, arbitration hearings, resolution of grievances and employee complaints, sexual harassment and wrongful termination investigations. Directed outside counsel on handling and settlement of lawsuits. Managed affirmative action compliance . Participated with executives and operational personnel in strategic planning and operational analysis to promote sound resource management, progressive employee development, and organizational development. Laidlaw Transit, Inc. -Passenger Service Group (LPSG) District Manager Seattle, WA September 1993-July 2000 Duties: Duties: Duties : Supervised management and operation of LPSG transit projects in the Seattle District with combined annual revenue of $15 million. Administered budget and staffing levels for each project location. Held responsible for personnel efficiency, communication, and level of morale within project operational areas. Served as customer liaison to ensure that project operations met or exceeded customer expectations regarding service quality, efficiency and productivity. Demonstrated ability to contribute to profitability through sound resource management and development. Branch Manager September 1992 -August 1993 Managed Seattle-area project transit operations. Directed dispatch and scheduling functions to ensure service qualitv and maximization of resources. Supervised effective recruitment, hiring and training of all personnel, including drivers, to ensure successful on-the-road operations, passenger relations and safety. Oversaw vehicle maintenance In conformance with Laidlaw and customer procedures. Ensured that all policies and' procedures were implemented and executed as necessary to ensure efficient and effective system operations. Controlled all administrative functions Including budget, payroll, accounting and billing, and customer service. Regional Driver Development & Safety (DDS) Manager September 1990 -August 1992 Responsible for design and implementation of safety and training function for public transportation operations in Colorado, Oregon, Washington and Alaska. Monitored existing facilities to ensure that Laidlaw and customer safety standards were met, and any safety issues promptly identified and addressed. Conducted on-going safety analyses and worked closely with branch managers to recognize and solve safety problems. Assisted in implementation of Laidlaw Safety Cutture programs where needed. Laidlaw Transit , Inc . -LPSG Syracuse, NY and Concord, CA District DDS Manager September 1987 -August 1990 Duties : Desi~ned and implemented safety and training policies and procedures for district operations in upstate New York (9189 to 8/90) and nor1hem California (9/87 to 8/89). Daily duties were similar to thoee noted above . ,, I .. t • ' • • 0 0 0 RESUME FOR: JOE LYLE DIRECTOR OF PLANNING & SCHEDULING SERVICES EDUCATION • ACADEMIC AND PROFESSIONAL TRAINING: > Mt . San Antonio College, Walnut, CA > University of California • Los Angeles PRIMARY AREA OF EXPERTISE: Rxed-Route Planning & Scheduling · Life-long career in the transportation industry has focused on optimal operational cost containment, establishing new service routes, and restructuring existing transit services through scheduling/routing analysis and financial troubleshooting. Earty career positions include Line-Operations Instructor and Bus Operator. Have reduced operating budgets by $400,000 to $675,000 as a result of on-site analysis and Implementing more efficient, cost-saving operations including installation of computerized scheduling systems. WORK EXPERIENCE: Laidlaw Transit Services, Inc. Woodland, CA Director of PlaMing and Scheduling Services 1997 -Present Duties: As an operationaVcost containment specialist, provide scheduling/routing analysis and financial troubleshooting on special projects for Laidaw contracts throughout the Western portion of the country. Selected to totally rebuild route structures and schedules for the Boise, Idaho Transit System (BUS). Restructured and rescheduled the three routes of the shuttle aperallon for the new VISitors Center opening In the Grand Canyon National Pn at the request of Jim Tutt, National Pn Service. Serve as an on-call, scheduling apeclallat to the Central Contra Collta Transit Authority In Concord, cA, and to Houston Metro In Houalon, TX. Currently providing planning and achedule work for Puo Robles Transit in Paso Robles, CA and Tehama County In Red Bluff, CA. Provided remedial assistance for fixed-route operations In Modesto, CA, running late and off schedule; established routing to achieYe consistent runni"Q time speed and improved traffic aianal sequencing. Provided strategic direction in the startup of the State of New Mexico's Department of Transportation . Laidlaw Transit Services, Inc . Los Angeles, CA Project Manager 1993-1997 Duties: Managed day-to-day operations of the Los Angeles ~rtment of Transportation's 67-vehicle commuter and local tranlportation projecta. Su~rvised service and route operations and provided ovel'9ight in driver training, vehicle maintenance, and safety programs. Implemented company programs Including the Safety ~re Gulde, Laidlaw Contract Management System, and Vehlcle Maintenance Gulde, to name a few. Controlled all admlniatrative functions Including budget, payroll , and record keeping. SUpervl8ed a staff of more than 85 employees . i..AJOIAW TRANSIT SERVICES . INC ' .· ... ,, t • • -- • ·• • r~\ ~.....:.J - ATE Management & Services Company Long Beach, CalHomia Sr. Transit Operations Consultant 1990 -1993 Duties: Specialized in minimizing the cost of transit operations for the Long Beach Transit Contracting operation . As a consultant, provided cost-cutting vehicle and operator scheduling expertise for several municipal transit systems across the United States: Memphis Area Transit Autho®( (Memphis, TN) • Provided a simple review of current operator run-cutting practices. In one week reduced operating budget approximately $400,000. Followed up with three cost-cutting recommendations for upcoming union contract negotiations. Luzerne County ~nlfr Authority (Wilkes-Barre, PA) • Installed Lotus 1 ·2·3 bus service sc u 1ng system and a blocking system for operations enabling supervisory/management personnel to track daily services of the extensive inter-lining operation of various buses as they move route to route. Merrimack Valle~ Trfflnslt AuthQ!F' (Haverlll, MA) • Installed a Lotus 1-2·3 bus sc edu ing system; instructed new personnel in ongoing usage. Montebello Bus Lines (Montebello, CA) • Rescheduled all Montebello Bus Lines service routes to operate a more efficient, cost-saving service while providing direct schedule connections during late evening and weekend hours. As part of this study, iruitalled a Lotus 1 ·2·3 scheduling system for future use by Montebello staff. When fully implemented, annual budget reduction of $675,000 was anticipated. Fairfax Connector (Fairfax County, VA) • Established a Lotus 1·2·3 scheduling system cutting operational costs. Fairfax Connector was operating with an overtime ratio in excess of 12% of vehicle platform hours and achieved a scheduled overtime rate~ 7% of total platform hours. Charlotte Transl$ (Charlotte, NC) ·acheduled overtime from 14% to 8% pnmarlly through rescheduling part-time operator assignments. Also performed a Une Segment Running-Time Analysis (LSRTA) to the Charlotte Transit operating schedule speeds. Reduced total bus commitment. Annual savings in eXC888 of $400,000 were expected. Springs Transit (Colorado Springs, CO) -Participated in development of two complete restructuring plans, and performed several system runtime analyses to monitor on-time performance . Also prepared at the City's request a plan to modHy the existing ~ub-and-spoke" route system to a grid route system with outlying transfer centers. Southam Cal ifornia Rapid Transit District Los Angeles, CA Sr. Transit Operations Planner/Scheduler 1958 -1990 Duties: From 1975 through 1990, primarily created initial service route plans, operating schedules and costing allocations for approximately 50 new or revised transit routes. The major focus was to establish minimum operational costs for these transit services. This study was initiated u the Los Angeles County Grid Transit Program. Overall achievement was the addition of 86 new routes within Los Angeles County . . • .. ,, <• ' • • AITACHMENTB Sample Reports .• • • LAIDLAW TRANSIT IERVICEI , INC --•• • • .. · ... • •. I . . . .. ., . Laidlaw Transit Services PM Program 6EA 7EA Check Tires PressurN/Tre.l '• ,.;. •• a ... . . I BEA LF: __ I __ RF:__J __ RAO:__/ __ ARI :__/ __ LAO:__/ __ LAI:__/ __ PASSED PASSED 9EA FAILED Item 11A 21A 31A 41A SIA 61A 81A FAILED Item 1LA 2LA 4LA SLA 61.A 7LA 8LA 9LA Check Wheel Nut Torque 12LA Cheek Manual lion • . , PASSED PASSED !'~ I I \. \ ~.::Y . . FAILED Inspections to Complete: A:_ B:_ C:_ Laidlaw Tranalt Service• Paratranalt PM Program Bua: ____ _ PASSED FAILED PASSED FAILED 8TD 9TD Mechanic: Date/T me: ·• • • .-.... .. . . -. ,· 1 . ,. .,. ,; . ·, . .;.,. . . . .. .. . ,: . . 1 ...... ' .•.. :. t~ ~.. ~ ' .. • • • ,...i. • "• • ) • MIieage: __ _ PASSED PASSED PASSED •. ~ .. ; .. .. \, t Inspections to Complete: A:_ B:_ C:_ Date: ___ _ FAILED FAILED LAIDLA., TRANSIT SERVICES, INC. PREVENTIVE MAINTENANCE DEFECT SHEET DEFECT WORK DESCRIPTION # i::, ~ VEHICLEt~~~- •f MECH. REPAIR ORDER INITIALS DATE Number lnillll . l e: . . Yehidt Tn. ~-.. ACAII •• • ... • • . .,. .. . . .. ., . .. · ... '"' • • .. ,. Y.:.:,\ • . ~ ... • •. I i . · . • \, . . .--1'"::.:•::.:-==,:C..::!=-=l--_.--,i=',:=-r.:-::.;V1o;:.:llCMl=-,1i:;:-:=::::~C-..=:;:=:.:CIIICl,=,liUU.=,:::rDll:_:;;_..r•ANUNGLOT i,AIIQIIO LOT i--- -IIUICI-IIUICI-IIUICI 111 -.U0111 A UST LOT -.U0•,---1"--D -D ia,-- ~L~_-<_i::-~-::...~-~-;;_~Dl:.;;-;;_~ON~-;::.."'"'Dl,!!!_;_;:__--f_itl,~--;::..--<l==-~L..-F-=-·=--<F=-=---<~-=---t=IDN=----1 ·-,_,. ,,,_ 17,._ , ... 717• ,,._ -·-.... .... .... ---10.00. 101.. 1011-101"-t01.... 1011- 1010a,o, 10Z2MI 10"'-" 10._ 10.... It -II IGa,n ,,, .... 1,,- 112'0al!I ,,n-,,~ ,,-... 11-se.-11 0 11'-'i ,,,_ ,,_ ,,_ ,, ... ,_ ,,_ ,_ ,·-,..-. ·-·-·-·- ,-3-.,_ ,.,.._ l --i.-141GD111 i..,1_ ,..,. , .... i., .... IIIE.CON> ALL DATA ACCURATELY TNES AM EXACT AND SHOULO. ADtt1MD TO (DO MOT LIAW IIAM.Y,... MY taa ""*') MCOflD LATI' taa:S WHUI: Am WMIN naY OCCUR PAUI.NOl:11 COl.lifTS AND TY ... Of" ID'S AM MGIIIIID ALL,--M.aT--D· NIC.-ALOll•- LAST DIW'lfl TOTAL ALL COWl1S OP, ......... Mm T'YNS 0/I P'AN NO~ IDCNTIACATION • NO NDI ·- . ..... ,,,_ .. - ·-·-·-·-·-·-- "--"----··---..... N01'D POii TODAY ' • -··- D . RIDERSHIP REPORTING • MONTHLY SUMMARY APPENDIX 8: THREE MUN I H NIUCN~HIP TALLY ~ Black Hawlc Alder Tally: Dav of WNk M T w THU F Sa Su march03 333 729 720 !Town 378 329 412 535 830 603 772 274 421 596 366 552 1,053 764 492 . 298 547 486 t ____.m ~ ~ ____..m __.§!I --------Shuttle Tot. 1,724 1,114 1,531 1,219 2 ,130 3,620 3,384 14,722 94'JI MM 4 75 51 3 14 9 6 69 102 85 .. 2 2 0 0 38 206 103 5 0 0 0 0 18 12 .2. § 12 ~ z II! a MM Total 16 22 21 9 114 495 288 1168 6"" mM:11-1,140 ,.,. 1,IIU ,.-2,M4 4,111 un ,,.,. M T w THU F Sa Su aprll 03 423 426 362 696 984 501 Town 304 2as 491 322 897 838 805 380 303 379 515 701 1153 8116 375 353 441 387 772 928 812 354 357 388 Shuttle Tot 1,413 1,721 2,135 1,606 3 ,066 3,383 2,894 16,218 92'JI MM 17 6 119 112 38 10 4 6 1 62 156 88 11 5 8 25 67 182 138 7 2 10 2 74 20II 123 6 3 14 MMTolal 34 14 55 34 272 668 383 1431 8'JI _,,..._ 1,"7 1,7.W ,.,. 1,NO ~ 4.00 1,87 ,1 ... M T w THU F Sa Su may03 386 907 833 727 Town 437 343 392 399 660 582 1,307 344 451 457 382 819 827 770 350 343 381 412 783 1,020 1,083 743 380 311 433 652 757 Shuttle Tot . 1,874 1,517 1,541 2,012 3,621 4 ,019 3,887 18,471 an MM 10 162 207 113 8 9 10 8 87 141 228 1 9 27 5 IIO 222 143 1 10 7 9 134 338 310 226 4 11 14 140 253 MM Total 236 32 55 46 613 1,11111 794 2IM5 14'JI ---_..._ 2,110 , ... , .. ,..., .... ,.,. ...., .. .... ITlne Month Tolal9: Shuttle 5 .011 4,352 5,207 4,137 8 ,117 11 ,022 10,115 48,411 -• • MM 286 II 131 • 111111 ~ ~ 5,342 10'JI Total 5,297 4,420 5,331 4,121 9,111 13,346 11,111 54.753 A-407 340 411 352 701 953 1211 11,251 'JI.MM 5% 2'JI, 2"' 2'JI, 10'JI. 17"' 1ft DATE: • . "· ~ ... .; . .. ,,. . .. ~ ~ .. • • T .• ' . -· .. . .. . ~. 0 0 .. •.:. .' . . . • 'J \, : •• · .. ; .. \ • ·:...·_.;__.!-:__:..::: __ 1.....;. ______ _._ ________ ~ LAIDLAW TIME RECORD Transit Service Manifest Cover Sheet Route #: Bus #: Name: ------------- Clock-in: Leave Yard: 1st Pick-up: Last Drop: Return Yard : Clock-Out: Lunch Start: Lunch End : TIME PleaM ex n below for non-drlvl MILEAGE NIA NIA NIA NIA I hours: BvllU'W'laiboit•,•--..... ~ ................................ .. ..., ........ ---------------- Passenger Data: T• Late T• CXL's No-Shows Transfers 1 1 (T---·· .. --... -- Total C8lh B L E No-Pays !2111§;. Miles Hours , Total Revenue Paid Revenue ---~----o.ool o.ool COMMENTS f NOTES: REVIEWED BY:------- ' • - 401 402 403 404 405 406 407 408 409 410 411 41 2 I 420 427 Route 45 1 t8J~H) 452 {tll'IS ) 453 (1111) 454A (K:\IA I Groups I 456 i lkl~I I 457 (al"N} I 458 {111) LTSQ97 BLAINES DAILY SCHEDULE Traveler Drim: Driver 04:30 04:30 04:30 05 :30 05 :30 05:30 13:45 04:30 05 :30 13:00 15:00 Day or the Week; Northstar MornhlD 525n']1) 555n55 610 625 645 705 Aner-.. 1530/1730 1555/1800 1610 1630 1650 1715 Fixed Route Weekly Time Bual Roate Dri•er 05:30 454P IJII') 05:32 455 111) 07:38 05:15 461 818 Lu nc h Saturday Find Route 07:15 459 ... ) 7:08 462 ..... _. 6:52 463 kllt •IM~) 04 :25 04:55 ' 05 :10 .... 05 :25 .. 05 :45 06:05 14 :30 14 :55 15 :10 15 :30 15:50 16:15 11 :15 05:40 10:15 11:53 • • 07:38 11:02 10:25 ........ ER 525 620 29 0 29 Nil• RIV 545 620 14 0 14 332 ER 555 850 21 0 21 I RIV 615 850 17 0 17 N ER 810 705 31 0 31 B RIV 030 705 18 0 18 0 ER 825 715 80 1 81 u ER 84 5 740 35 0 35 N RIV 705 740 10 1 11 D ER 705 800 12 0 12 RIV 725 800 18 0 18 ER 720 47 0 47 ER 11 0 11 II 0 II 0 0 0 14 0 14 21 0 21 PM• 44 0 44 S27 20 0 20 11 0 11 57 0 57 RIV 1850 1725 20 0 20 ER 1850 1745 32 0 32 ER 1715 1800 48 0 48 RIV 1730 1II05 18 0 18 ER 1730 1825 21 0 21 RIV 1800 1835 8 0 8 ER 1800 1855 17 0 17 TOTALS 857 2 859 .'',. $ 12.50 0 $ 2.50 0 s 8 .50 0 s 2.50 0 s 10.00 0 $ 7.50 0 s 28 .00 0 $ 12 .50 0 I 0 s 4.00 0 s 5.00 0 s 18 .00 0 s 8.00 0 s 0 s 0 s 0 s 12.50 0 s 24 .50 0 s 5 .00 0 s 8.00 0 s 23 .00 0 s 2.50 0 $ 15.50 0 $ 11 .00 0 I 2.50 0 s 7.50 0 s 0 s 5.50 0 s 2 0 3 4 1 0 0 2 2 2 0 0 0 1 3 2 1 2 1 0 1 1 0 0 1 f· ... ,· .... ,. • . •'' 0 0 0 0 0 0 0 0 0 0 0 0 0 II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • " . _;., . . , . . ... . . '. ..• . .. \, 0 0 111 0 0 0 II 0 0 0 0 0 0 0 0 8 0 0 0 5 0 0 0 0 0 0 0 0 15 0 0 0 5 0 0 0 0 0 0 0 0 10 4 0 0 2 0 0 0 0 0 0 0 0 21 0 0 0 10 0 0 0 0 0 0 0 0 13 0 0 0 0 0 0 0 0 0 0 0 0 45 3 0 0 II 0 0 0 0 0 1 0 0 24 0 0 0 II 0 0 0 0 0 0 0 10 1 0 0 0 0 0 0 0 0 1 0 0 8 0 0 0 2 2 0 0 0 0 0 0 0 12 0 0 0 3 1 0 0 0 0 0 0 0 33 0 0 0 11 0 1 0 0 0 0 0 0 8 0 0 0 0 1 0 0 0 0 0 0 0 5 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0 0 0 3 0 0 0 0 0 0 0 0 0 11 0 0 0 8 3 0 0 0 0 0 0 0 2 28 1 0 0 10 0 0 0 0 0 0 0 0 0 13 3 0 0 2 0 0 0 0 0 0 0 0 1 8 0 0 0 0 1 0 0 0 0 0 0 4 0 311 0 0 0 12 0 0 0 0 0 0 0 0 0 17 0 0 0 2 0 0 0 0 0 0 0 0 0 111 7 0 0 5 0 0 0 0 0 0 0 0 0 36 0 0 0 11 0 1 0 1 0 0 0 0 0 12 0 0 0 2 1 0 0 0 0 • 0 0 0 15 0 0 3 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 • 0 1 0 0 2 1 0 0 0 0 • 0 4 4 1 1 2 • 2 •· ER 525 620 441 0 441 s RIV 545 620 246 0 246 s ER 555 1150 425 0 425 s .... I RIV 615 650 240 0 240 s 5,705 N ER 610 705 456 0 456 $ B RIV 630 705 21111 0 269 $ 0 ER 625 715 895 14 909 s u ER 645 740 633 0 633 s N RIV 705 740 213 2 215 s D ER 705 800 2311 237 s RIV 725 800 2N 10 308 s ER 720 110 131 0 131 s ER 755 850 307 0 307 s 113 0 113 s 0 0 0 s 256 0 256 s 333 0 333 s 155 0 155 s PM• 334 0 334 s 5-226 1 227 s 1630 1715 1125 0 1125 s RIV 1850 1725 4 11 4 420 s ER 1650 1745 452 10 4412 s ER 1715 1800 IMO 0 IMO s RIV 1730 1805 231 2 240 s ER 1730 1125 2114 0 264 s 1800 1135 131 5 144 I ER 1800 1155 264 0 264 GAANO TOTALS 11150 411 1111111 s RIVTOTALI : 2132 23 2155 ERTOTAL I; 1311 29 1344 .. · ..• • .•·' .· . ,,. • Iii • 1-.· ..• .. ""'" . ...... '" ..., ...... ,.·· ,· . ,_.) . ··.:, .. ,, .... ~ . '. 411· . 157 .50 0 15 2.50 0 1 153.50 0 7 25.00 0 10 117.00 0 17 20.00 0 I 3113 .00 0 50 2113 .00 0 32 25.00 0 10 121.50 0 13 211 .00 0 10 321 .50 0 21 1N.50 0 31 11.00 0 I 0 0 7.50 0 3 115.50 0 11 261 .00 0 23 17.50 0 1 15.50 0 14 312.50 0 37 31.00 12 218.50 0 23 31300 0 211 12.00 0 3 131100 0 13 6.00 0 2 1n .oo 0 11 3158.00 1 430 1111.5 1 n 3116U 0 351 ... ... . ·· .. 0 4 0 0 321 0 0 0 0 146 0 3 0 0 2811 0 0 0 0 111 0 0 0 0 310 0 0 0 0 235 0 124 0 0 634 0 0 0 0 441 0 0 0 0 127 0 1 0 140 1 1 0 0 252 0 0 0 0 541 2 0 0 0 20I 2 0 0 0 141 0 0 0 0 0 0 0 0 0 1N 0 0 0 0 117 0 0 0 4 1 44 1 0 0 0 0 240 0 0 4 1 1n 0 • 27 2 637 0 0 2 304 0 4 3 301 1 0 0' 0 512 0 0 0 11 112 0 0 0 11 1• 0 0 0 2 n 0 0 3 14 7 14 1 40 ea 7IOI 3 1 1 13 2083 4 140 31 72 5113 ' \, • t 0 0 0 105 0 0 0 0 0 23 19.17 1 0 0 • 0 0 0 0 0 23 10.7 3 0 0 1211 0 0 0 0 0 23 11.4' 11 0 0 33 0 0 0 0 0 23 10.43 13 1 0 104 11 2 0 0 0 23 11.13 2 0 0 I 12 0 0 3 1 23 11 .7 15 0 0 167 311 4 1 2 0 23 Jt.112 7 0 0 144 0 7 1 1 0 ll 27.12 34 0 0 40 4 0 0 0 0 ll U41 4 0 0 61 11 0 0 0 0 ll 10.3 1 7 0 33 4 0 0 0 0 ll 1:u1 7 0 0 2311 11 25 0 1 0 u M.31 1 0 0 311 21 0 0 1 0 u 13.31 5 0 0 23 0 0 0 0 23 7.117 0 0 0 0 0 0 0 0 0 0 0 0 0 0 51 2 2 2 0 0 ll 11 .13 7 0 0 61 52 2 0 I 0 u 14.41 10 0 0 1DI 21 2 0 2 0 23 21.41 57 0 0 21 1 0 0 1 0 u 14.52 0 0 11 12 0 0 0 0 23 1 .17 111 0 1 161 14 0 0 0 0 u 40.22 21 0 0 70 2 0 0 0 23 11.21 63 0 0 61 11 0 3 0 ll ·" 32 0 0 261 4 11 0 10 0 u 40.17 4 0 0 33 ti 0 0 3 0 ll 10.43 • 7 0 0 • 1 • 0 1 0 23 11 .4' 21 0 0 32 I 0 0 0 0 13 1 .2'1 13 0 0 74 3 1 0 0 u 12.71 SIi I 1 2312 231 73 4 36 1 417 111 7 0 '41 31 2 2 I 1 112 1 1 11113 201 71 2 27 0 \, . • t Daily Route Data Report Date Route Trip Run Adult Adult Senior Youth Transfen Passes and Limited flff and Wheel Total Total Time Peak Off Peak Off Peak Farecards Mobility O.ildren Oiain Passcngcn Fares Monday, November 01, 2001 805 N 6:05 451 0 0 0 3 0 0 0 4 $0.00 s 6:24 452 3 0 0 0 4 0 0 0 7 S5.25 s 7:02 451 2 0 0 12 0 0 15 SJ.SO N 7:05 452 0 0 3 0 0 0 s $1.7S s 8:02 452 5 0 0 0 6 0 0 0 II $8.7S N 8:05 451 0 0 0 4 s 0 0 0 9 so.oo s 9:02 451 0 4 2 0 6 3 0 0 IS $7.SO N 9:05 4S2 0 0 3 0 0 6 St.7S s 10:02 452 0 6 3 2 0 0 0 12 S9 .00 N 10:05 451 0 0 0 3 s 0 0 0 • S0 .00 s 11:02 451 0 0 3 8 3 0 0 IS S2 .00 N 11:05 452 0 0 0 s 3 0 0 0 8 so.co s 12:02 452 0 2 0 2 4 2 0 II SJ .00 N 12:05 460 0 4 2 5 5 2 0 0 18 $7.00 s 13:02 460 0 3 2 2 s 0 0 0 12 S4.75 N 13 :05 451 0 0 0 4 3 0 0 I S0.00 s 14:02 451 0 3 0 2 13 0 20 S4.25 • N 14:05 452 0 2 0 4 0 0 I S2.SO s 15:02 4S2 4 0 0 3 s 0 0 13 v.so N 15 :0S 451 0 0 0 s 2 0 0 0 7 S0.00 Tuesda , Decembe r 02, 2003 .... ,ol s -- 1. 2. 3 . Call to order 7 :q[)p.m. Invocation 4/~ Pledge of Allegian: 4. Roll call ·• • • /ti:; feetirwJ 1!,lijy/ Members : -...... V~-_,..present Tom•11tV Moore ,,,.,- V- Garrett v .,,, Wolosyn v tt DI h ____ absent ' • • ·• • • . ( ' ~hj r·--. \,~J ,. . ' .. . .. . . . . . . . . . • • ·• • •• CJ . ' • • /). ------ /c/9<}-~f-~ <Ii~ I , . ' • • • ... AGENDA FOR THE REGULAR MEETING OF 0 0 THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 2, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '? : 1() r 2. Invocation. 4. //J ~~inutes. U'f r '/t)r-/2,.. Jltl.. "'"'" c;~ co,.,cil m~ting of July 19, 2004. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) a. ~ouglas Habaoap, Championship Director for the U .S. Women's Open Golf Championship, ~ * j:ddcen c;~ Council ,eg,,d;ng the Jun, 200; ~men', Opoo "Che<~';;, f, 7. Un ~heduled v;,,,o,.. (Mea,e 1;m;1 you, P""""tion to five m;nu1e,.) ~ n;ra100, Prod=•tion, ,nd Appo;nttn,n•. ~ letter from MJ! ~do/'_ls jrdicatinJ his resignation from the Planning and Zoning ~~iion.~ ~ f?{ b. j ~~ti_on apr,>~''l;~h~ Hunt as a Regular Member on the Planning and Zoning tlf}f ff.r'f? ion. (IV~ /2J •#-~-. . r yt!9/; appointing Jim Wood,urd a City Council Member At large. ~. ' .. • • (J Englewood City Council Agenda August 2 , 2004 ... Page 2 d . The new City Council Member will be sworn in by the Honorable Judge Vincent • :~"1 ·~ A.: f',10 9. Public Hearing. (None Scheduled) /)I/A) ' % 10. Consent Agenda. /~ (/v ~ ./ a. ~p~of Ordinances on First Reading. ~~ ~ i. ~ncil Bill No. 48 -Recommendalion from lhe Eleclion Commission/City Clerk's Office to approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 2, 2004 Coordinated Election. STAFF SOURCES: Frank Gryglewicz, Director of Finance and Administrative Services, and Loucrishia A. Ellis, City Clerll/Electlon Commission Member. b . Approval of Ordinances on Second Reading. Council Bill No. 34, approving an Agreement with Centennial Water and Sanitation Districl for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water. tNJ-~ ii. Nl~ii. Council Bill No. 35, amending Tide 12, Chapter 2, Section 8, of the Englewood Municipal Code pertaining to Hotel Sewer Tap Fees. Council Bill No. 36, repealing and reenacting a new Tide 12, Chapter 6 of the Englewood Municipal Code, amending the Greater Metro Telecommunications Consorlium Cuslomer Service Standards. Jt 1 _j/) iv. Council Bill No. 38, approving an lnlergovemmen1al Agreement wilh the U .S. d'z/ ~ 1 U Environmenlal Pro1ec1ion Agency for 1he issuance of State and Tribal Assislance -Granls for lhe Phase 2 Conslruction Project. rJldl 3~ Olclli _!}j_ v . Council Bill No. 39, amending Section VII, Subsection A of the Rules of Order and Procedure for 1he Englewood City Council pertaining to Public Comment. i. Council Bill No. 41, amending Article 12-8-12 of the Englewood Municipal Code to modify lhe volun lary non-participation provision in the Concrete Utility . (;)#-//_"I vii. Council Bill No. 42, approving an agreement with Colorado State University for a _E.. Cooperalive Research Project on Land Application of Sewage Biosolids. J.Q..... viii. Council Bill No. 43, au thorizing a License Agreement to maintain the City's {J) J. J ~ easement long the City Ditch at 3596 S. Bannock Street. Pl as, not . If ou h,Mi a d,sabiliiy and need auxilwy aids or semces. pleue notify lhe Cily of Entlewoocl (303 -62 -2405) •t lea t 48 hours in advance of when semces are needed. Thank t ... .. .• • • • • 0 [nglewood City Council Agenda A ugust 2 , 2004 Pag e 3 O'/. .I#_ L/tJ ix. Council Bill No. 45, authorizing a License Ag ree ment to fence a portion of City '(,/.' Ditch adjacent to 3001 S. Pearl Street. 0) J f % x. Council Bill No. 46, approving an Electric Distribution Facilities Extension Agreement with Xcel Energy for a Circulation System on the City Ditch . {J)J/1-%. xi . Council Bill No. 47, approving the Third Amendment to the Joint-Use Wastewater Treatment Facilities Agreement between the City of Englewood and the City of Littleton . c. Resolutions and Motions. i. Recommendation from the Parks and Recreation Department to approve, by motion, a contract for resurfacing the Recreation Center pool. Staff recommends awarding the bid to the sole acceptable bidder, A-Z Pools and Spas of Arvada, in the amount of $45,781.25. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. 11 . Regular Agenda . -ll/J'!;Approval of Ordinances on First Reading . 1(p{) i. Council Bill No. 49 -Recommendation from the Community Development ? Department to adopt a bill for an ordinance authorizing an agreement with the ,0 Regional Transportation District for CMAQ funding for the Circulatorjti~~e_._ STAFF SOURCE: Lauri Dannemiller, Community Development Manager./ flll6ll- l fn b. Approval of Ordinances on Second Reading . /Jli.l I.£_ J f'} ~-cf ~uncil Bill No. 33, approving the Englewood Estates Planned Unit Developmen~ t1f! Cl. Resolutions and Motions. , Ot2.... i. Recommendation by the Community Development Department to adopt a ~ on approving the Final Pl:•. o~t~e}:,n~l~es Subdivision . STAFF /IJ'J E: Anthony J. Fruchtl. ~ ~ , 1) . cco mendation from the Community Develo pment Department to approve by motion a contract for operation of the Circulator Shu'ltle. Staff recommends ?/J'D .f) ~ng the contract to the lowest bidder, Laidlaw Transit Services, Inc., in the 1 r V amount of $207,538. STAFF SOURCE: Lauri Dannemiller, Community Development Manager.~ 12 . General Discussio n. a. Mayor's Choice. Please note : If ou have a disabthty and need auXJliary aids Of servic~. pluse nolify the Oty of Englewooo (3 03 -7 62 -2 405 ) at I asl 48 hours in adva nce of when servic~ ;ire needed. Tiwlk ou. ' .. ., • • En glewood City Council Agenda A ugust 2 , 2004 Page 4 b . Council Members' Choice. 13 . City Manager's Report 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between July 16 and 29, 2004. • Code Enforcement Advisory Committee meeting of June 16, 2004 Plea note: If ou h.lve a dl~IY and nttd auxiurv .ts Of services, plNse nolify the City ol Enaiewood (303-762 -2405) at le.ut 48 hours in Mlvance ol when seMCN o11e needed. Thank t • •