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HomeMy WebLinkAbout2003-08-04 (Regular) Meeting Agenda Packet- 0 .. ·• • • . J . .;,.'-. .. , I .. f :~· · . .. ·· .. Regular City Coun c il Meeting August 4, 2003 ORDINANCE II r r, 51, 52, 53 54, 55, 56, 57 , 58 , 59 ........ . : • < . . RES0LUT10N II 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84 , 85 ,· • • .. . . . ~ .. . . • 0 . .. I-. ,, •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Semon Auaust 4, 2003 1. Call to Order The regular meeting or the Englewood City Council was called to order by Mayor Bradshaw at 7:38 p.m. 2. laYGalloa The invocalion wu 1iven by Council Member Nabholz . 3. PledpfllA ...... The Plcdac or Allc&iancc WU led by Mayor Bradshaw. 4 . Roll Call l'relcnt : Absent: A quorum was present. Council Mcmbcn Nabholz, Moore, Oraz11lis, Garrett, Wolosyn, Yurchick, Bradshaw None Alao present: City ManaF Sean 5. Mlautft City Attorney Broczman Asaillallt City Manqer Flaherty City Clerk Ellis Director Ross, Public Worb Lieutenant Collins, Safety Services Manager of Open Space Lee Senior Planner Lanaon, Community Development 8111i11C$1 Dcvelopmenl Specialist Hollinpworth Director lnale, Information T echnokJ&y Director Ealon, Human Rcaourccs Director OllOII, Safety Scrviccs Director SimplOII, Community Development (a) COUNCIL MEMIID GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES Of THE 1.EGULAR CITY COUNCIL MEE'llNG OF JULY 21, 2113, uy datcl&$6IOII or conecuo.. There wu none . C-.1.._... ~ Moore. Oamtt. Wolo&yn. Yadilid. Oruuha. ...... Englewood City Council Aupst 4, 2003 Page2 6. Scheduled Vlslton There were no scheduled visitors . 7. UIIICbedulecl Vlslton There were no unscheduled visitors . 8. Communications, Proclamations and Appointments There were no communications, proclamations or appointments . 9 . Publlc Hearing No public hearing was scheduled before Council. 10. Consent Agenda COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (U), (W) and (Iv), 10 (b) (I) and (U) AND 10 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR AND CONSTRUCTION OF SIDEWALKS ON U.S. HIGHWAY 285 IN THE CITY OF ENGLEWOOD, COLORADO . (ii) COUNCIL BILL NO. 57 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN ROCKY MOUNTAIN MOB. LLC AND THE CITY OF ENGLEWOOD. COLORADO. FOR THE LEASE OF CERTAIN PROPERTY IN THE CITY'S RIGHT-OF-WAY FOR THE FORMER GIRARD A VE . (iii) COUNCIL BILL NO . 56, INTRODUCED BY COUNCIL MEMBE.~ GARRETT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT . (iv) COUNCIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER I, SECTiON 2, DEFINITIONS , PARAGRAPH C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CORRECT LANGUAGE AND PUNCTUATION IN THE DEANITION OF "NUISANCE." (b) Approval of Ordinances on Second Reading • t • • • • Eaakwood City Couac:U A ..... 4,2003 hpJ • (i) ORDINANCE NO . 49 , SERIES OF 2003 (COUNCIL BILL NO . 49, INT RODU CED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 12 , CHAPTER IA , SECTION 4 ; TITLE 12, CHAPTER ID, SECT ION I ; AND TITLE 12 . CHAPTER 2 , SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERT AINJNG TO THEW ATER AND SEWER SECTION, AND INCREASING SEWER RATES. (ii ) ORDINANCE NO. 50, SERIES OF 2003 (COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE AUTHORIZING THE PURCHASE OF HERBERTSON PROPERTY BY THE CITY OF ENGLEWOOD. COLORAOO . (c) Re so lutions and Motions (1) CONTRACT WITH UNITED GREEN TECH, FOR THE PURCHASE OF A RAIN MASTER EVOLUTION CENTRAL IRRIGATION CONTROL SYSTEM, IN THE AMOUNT OF $41.190.00. Ma yor Bradshaw as ked if anyone wished to pull any of the items off of the Consent Agenda . They did not. Vote retuhs: Aye s: Nays: Motion carried . II . ReplU'Aaeada Council Members Nabholz , Moore , Garrett, Wolosyn, Yurchick , Grazulis, Bradshaw None (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presented a recommendation from the Community De velopment Department to adopt a bill for an ordinance extending the Temporary Moratorium on New Res ident ia l Co nstruction, but removing the subdivision prohibition to allow the subdivision of land in the area o f the moratorium . She said this is to extend the moratorium . for new multi-unit residential co nstructi on in the nonhwc st Englewood area , which currently expires on November 24 , 2003 . Th is ordinanc e wo uld extend the moratorium for an additional three months ... until February 27 , 2004 . Seco ndl y. th is wo uld remo ve the prohibition on the moratorium area on land subdivision . As you will recall, he sai d. th e moratorium res ulted fr om citizen co ncern s regarding quality of re sidenti ;i l unit s being constructed in th at no nh wes t Englewood area. The extension is necessary to maintain the temporary suspe nsio n of permits in the area. until the enactment of the Unified Development Code . The Unified Developme nt Code. or UDC , ado pt io n process will be be ginning ne xt mo nth with Public Hearings before the Pla nn ing and Zo nin g Co mmi ss ion and we anticipate that the UDC will be effective in January of 2004 . This ex tensio n ensures that th e Phase One UDC will be ad opted and effective before the moratorium ex pires . The seco nd porti on of the request this evening is to remo ve or delete the prohibition on land ubd ivisio n. Th at request has been made by propcny owner s in the area and this would allow them to ubd ivide pro pert y. She stated we have had about a half dozen request s for subdivi sion of propeny. The prohibitio n. as it stand s. hinders development options for single -family dev elopment. because the moratorium does no t appl y to permits for single unit s ... or for remodel s or for accessory structure s. Remo vin g th e pro hibiti on of land subdivision would allow single unit con struction . but it would not affect th e mult i-unit deve lo pment . as that would still remain under the moratorium . She a.~ked if there were any ques tio ns. ' . ·• • • Enslewood City Coundl A....-4,2003 Pqe4 Mayor Bradshaw asked if there were any questions. There were none . Mayor Bradshaw said so this would address the issue that gentleman presented to us about a month ago? Ms . Langon replied yes, it would. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 58. COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY ATI ACHED AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NORTH, WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN ADDITIONAL SIX MONTHS BUT ENDING THE MORATORIUM ON THE SUBDIVISION OF PROPERTY. Vote results: Motion carried. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None (ii) Business Development Specialist Hollingswonh presented a recommendation from the Community Development Department to adopt a bill for an ordinance accepting Enterprise Zone Marketing Grant Funding from Arapahoe County. He said tonight is first reading of Council Bill No. 47 which authorizes the acceptance of a $9,500.00 grant from the State of Colorado. These funds will be used to match local dollars for marketing and administrative activities associated with the Arapahoe County Enterprise Zone. This is a very standard docwnent, he said, that has been accepted over the past several years. The Enterprise Zone is a very critical part of Englewood's economic development initiatives. It is a , very critical component for the retention and expansion of local jobs. Last year, we processed 135 tax contributions through the Enterprise Zone, so it is having an impact . I would be happy 10 respond to any questions you might have about this standard contract and document, he said . Mayor Bradshaw asked if there were any questions . Mayor Bradshaw said so it helps support business retention and community marketing activities . Mr. Hollingsworth replied absolutely. She asked if this money is in our budget. Mr. Hollingsworth said yes. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO. 47. COUNCIL BILL NO. 47. INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO. ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE ACTIVITIES IN THE ENTERPRISE ZONE. Vote results: Motion carried . Ayes: Council Members Nabholz, Moore , Garrett. Wolosyn , Yurchick, Grazulis, Bradshaw Nays: None t • • Enpwood City Couadl Aupat4,2003 Pqe5 (iii) Director Ingle presented a recommendation from the Information Technology Department to adopt a bill for an ordinance approving an Intcrgovcmmcntal Agreement with the City of Cherry Hills Village to provide network design services . He said this is an inier-local agreement with the City of Cherry Hills Village for their city's IT Ocpartmcnt to undertake an analysis and presentation of recommendations to upgrade their computer network . After word got out, about some of the successes we have had here in terms of network infrulructure projects, we -approached by Cherry Hills Village, and asked to provide advice and recommendations to them to upgrade their computer network at the Cherry Hills Village City Hall. Currently, they have about 18 stand-alone computcn that are not networked and do not have intcrnc:t access . After reviewing vendor proposals, they approached us . After detailed discussions, they have requested our ~ces in that reprd. The Cherry Hills Village City Council did approve this IGA al their last Council meeting in July . Thia calla for the City to be compensated in an amount slightly above $1,200.00. There are approllimately 20 houn of staff time involved . The methodology for the costs was very similar to the one Uled by the Public Works Ocpartmcnt for the services they provide Cherry Hills Village . I would be happy to answer any questions, he said . Mayor Bradshaw asked if there were any questions . Council Member Yurchick said this was calculated the same way we calculate for scrvicca provided by Public Works to Cherry Hills Village . I thought we took the profit factor out of the Public Works cak ulation. I don't have a problem with the profit factor being included, he said. Mr. Ingle said, basically, what I did in terms of methodology is I took the hourly rate of the employee, added 37 .7% for the benefits , another 10% for overhead and then 20% for the profit margin, and that is the number that came out. In addition, he said, the City of Cherry Hills has agreed ID allow the City of Englewood two months to complete the 20 houn, pven the llaff commitments we have ID our own organization . Mayor Bradshaw asked Mr . Yurchick if that answered his question . He replied yes. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (HI)-COUNCIL BILL NO. 55. COUNCIL BILL NO . 55, INTRODUCED BY COUNCIL MEMBER YURCHICK A BILL FOR AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD, COLORADO , FOR PC , INFRASTRUCTURE , AND NETWORK ANALYSIS SERVICES . Vote results: Motion carri ed. Ayes : Council Members Nabholz , Moore , Garrett, Wolosyn , Yurchic k, Grazulis, Bradshaw Na ys : None (b) Approval of Ordinances on Second Readin& There were no addi1i o nal ite ms submitted for approv al on second reading . (See Aaenda Item 10 -Consent Age nd a.) (c) Resolutions and Motions Enpewood City Coandl August 4, 2003 Pap6 (i) Director Eaton presented a recommendation from the Human Resources Department to appoint, by motion, a hearing officer in the disciplinary appeal filed by former Officer George Godoy. Mayor Bradshaw recommended Ronald J. Cohen. MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT RONALD J. COHEN AS THE HEARING OfflCER IN THE DISCIPLINARY APPEAL FILED BY FORMER OfflCER GEORGE GODOY. Motion carried. Ayes : Nays : Council Members Nabholz, Moore, Garrett. Wolosyn. Yun:hick. Oruulis. Bradshaw None (ii) Director Rou presented a recommendation from the Department of Public Works, to approve, by motion, a contract for sidewalk enhancements on West Belleview Avenue, with Goodland Construction, Inc., in the amount of $172,00.7.50. He said this is a project in which we obtained Federal funds and that is paying for a large portion of the sidewalks and it will enable us to put s.idcwalks on the north side of Belleview, between Federal and Lowell . There is an extensive amount of bad curb and gutter, he said, so part of the funding for this project will come from the Concrete Utility Fund . There arc a number of handicap ramps, so part of the funding will come from the concrete program and then, the rest of the march will be from our Sidewalks Missing Links Program. So, our total budget on this project is $225,000.00. If you have any questions, I will be happy to answer them. he said. Mayor Bradshaw asked how long construction will taltc. Director Rou said they have been given 45 working days. Mayor Bradshaw said that will be 45 working days ... 9 weeks COlllll'UCtion. Mayor Bradshaw asked if there were any questions. There -none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT FOR SIDEWALK ENHANCEMENTS ON Wl!'ST BELLEVIEW AVENUE, WITII GOODLAND CONSTRUCTION, INC., IN THE AMOUNT OF $172,127.51. Mayor Bradshaw asked if there was any discussion . Mayor Bradshaw said I think the leverage on that is really good. Is there $112,000.00 in Federal funds? Director Ross replied yes. Vote results: Motion carried. Ayes: Council Members Nabholz, Moore. Garrett , Wolosyn , Yurchick, Grazuli s, Bradshaw Nays : None 12. General Discussion (a) Mayor's Choice (i) Mayor Bradshaw said I want to compliment Chris Olson and his 111.aff for an exce llent drill on Saturday, which I hope -never have to use . I wu particularly impreaed with the pride exhibited by the Englewood partic ipants . She explained that the disuier drill wu an cxcrcia in dcalina with the aftermath of a radi ological bomb exploding on a light rail train and it wu in conjllllClioft with .. Enalewood City Coundl Aupst 4, 2003 Page7 Swedish. There were many State and Federal agencies called in and it worked like clockwork. It was incredible, she said, but, again, I hope we never have to use it. She asked about the debriefing. Director Olson said the outside debriefing went real well. Several agencies commented, and they all had very positive comments. Overall, he said, from what we heard, it went extremely well ... Mayor Bradshaw said the Assistant Secretary of Homeland Security was there, Swedish Hospital, and, of course, RTD. (ii) Mayor Bradshaw said I would like to thank Chris Olson and Gary Scars for their participation Saturday night in the National Night Out kickoff party. (b) Council Members' Choice (i) Council Member Grazulis: 1. She said I have a question regarding the street lamp that has been down on the westbound ramp. know it is probably fixed by COOT, but how long, usually, are those down? That has been down for quite awhile. Director Ross said we have a maintenance contract with Xcel Energy. They will be responsible for making that repair and it has been reported. We will just keep on them about it, he said, but I can't really give you a timeframe. Ms. Grazulis said after it has been a couple of weeks, then I say okay ... that's enough. 2. She said there is also a street sign down in the middle of the median at Oxford and Broadway. noticed it Saturday and I moved it funher into the middle of the median, she said, but it is still there. Director Ross confirmed that she was talking about Oxford and Broadway. 'J. She said I don't know if it has been taken care of, but in the alley on Pennsylvania ... it is an · address on the west side of the street, in the 4400 block ... they had a refrigerator and a freezer in the back alley with the doors intact. I just want to make sure that was removed, she said. Director Ross asked about the address. Ms. Grazulis said it is in the 4400 block. It is in the alley on the west side . I talked to them, she said, and they said somebody would be by in a couple of days. (ii) Council Member Wolosyn: I . She said last Tuesday I went to the Teenage Drinking Task Force, which is still moving along, but it is muc h more low key . I want to thank Officer John Collins for coming and Chris Olson, once again, for lending hi s staff. I think all the different points of view. from Safety Services, have been enlightening for me and I know they are for those people . I appreciate that, she said. 2 . She said in answer to some comments that we s hould look at the dues we pay. as a Council, to organizations. I called Lauren of Transit Alliance. I asked him if he could cut our dues in half for next year. I explained where we arc. budget-wise. but that I, myself. value Transit Alliance, especially when we are looking down the road at FasTracks. As we all know. it takes a lot to get any kind of initiative through and he was very amenable and said. yes . So that will be S 1,000.00 instead of $2,000.00. Mayor Bradshaw asked when thi s would be presented to Council. Ms . Wolosyn said I think it will be in your packet next week . ' • • En&lewood City Council Aupst4,2003 Pages (J Mayor Bradshaw asked if it would be in the packet next week for the discussion on Council's budget. Do you know approximately what you have cut out of the budget? Ms . Wolosyn said we actually cut out quite a bit. Mr. Yurchick and I cut $25,000 out of Council's budget, she said, plus there was another $25,000 from David Taylor. Mayor Bradshaw asked what the percentage would be . Ms. Wolosyn said it is over 10%. Mayor Bradshaw said good job. Ms. Wolosyn said I think we realized how hard staff had it. Whal a hard job staff had doing it, only on a bigger scale. Mayor Bradshaw said thank you both. (iii) Council Member Nabholz: I . She said I was not pleased with the remark I got back from Code Enforcement regarding the Section 8 duplexes on 3068 ... on up to 3080 South Delaware. II just said they were in compliance and it was not a problem. Personally, Sunday night, I talked with one of the boys that lives in that one duplex next to the house. There arc nine of them living in there. I asked him if they were his brothers or sisters and he said no, cousins and his auntie. The lady next door in that duplex has given her 30 days notice, because she can no longer put up with it. And as you stated Mayor, there is one dumpster for fOW' large duplexes. Another problem with Section 8 Housing ... and we have had this problem before with this property at 2910 and 2912 South Bannock, is that a constituent called South Metro Drug Task Force, approximately two months ago. My understanding is that they went in, an arrest was made and a stolen car removed from the property. One constituent says there are 25 people living there . The man that came lo my door tonight, before I came to Council, said there arc 30 people living there. He and his wife are retired and he knows how many people come and go, and says it is non-stop, around the clock. So, I have decided that my only alternative, since I have been told things are fine and in compliance, is to clear it with Council so I can attend the Englewood Housing Authority Board meeting Wednesday night and try 10 appeal to these people. We have some real problems here, she said, and we need to do some house cleaning. Mayor Bradshaw said I appreciate your input on that. The meeting will be at 4:30 p.m. on Wednesday at the Housing Authority. 2 . She said Saturday I was amazed. I was only there about two and a half hours, but I was amazed with what I saw. Excellent job. Thank you for that . You have taught us all to be prepared in many ways. she said . 13 . City Manager's Report (a) City Manager Scars said I wanted Mr. Simpson to talk a little bit about the award that we received, that Darren Hollingsworth is going to be receiving on our behalf. Direc tor Simpson said I am not fully prepared, as we are planning to make a presentation at a little later date. We have created a marketing CD, compact disk, for the City of Englewood, and it is something we have been working on for some time, for business development. We enjoyed putting it together, because it really highlights a lot of the community business leaders, people out there making Englewood a better place. But, apparently, the International Economic Development Council, which is the leading economic development group in the United States, felt the same way and have awarded us a National Award for a multimedia marketing piece for cities under 50,000. So, it is a very nice deal. I want to be able to prei;ent it to all of you and kind of show you what the CD is about. We just haven't gotten there yet, but Mr. Ho llingsworth is going to attend the conference in Cincinnati and pick up our award. By the way, he said. we are not traveling on the City's money ; we have been given a scholarship that will provide for travel through Tacit.o Design, who also assisted us with the project. Tacito is picking up the cost of that travel . Mr. Ho llingsworth is going to go out and represent the City of Englewood on this one. He will also attcnd the conference and learn a little more about economic development out there . We arc real excited. There is ' • • Enpwood City Coundl August4,2003 Pqe9 a second award that kind of went with that. We also won an honorable mention on Partnership from the Economic Development Council, for the City of Englewood's efforts on Centennial Parle and the Brownficlds efforts. So, we were recognized twice, he said, and, again, this is another national award for the City. Mayor Bradshaw said congratulations. Mr. Simpson said congratulations to all of you . It takes everyone to make these happen. City Manager Scars thanked Mr . Simpson. (b) City Manager Scars said I wanted to follow up a little bit on the budget. M Ms. Wolosyn indicated, staff has been working extremely hard . I appreciate all the hard efforts that they have gone through to put together a budget. Monday night, wc will present, from the department head's viewpoint, the different aspects to the budget. M of about S o'clock tonight , it balanced. We certainly have some work to do and, again it is a working document until the final budget is given to the Council at the end of August. We will be looking toward your comments, so we can make further adjustments, before wc bring it back later this month . Our retreat is the third week of September. We have made contact with the different employees, that may be impacted by this, and wc also have taken a look at, pretty much, every aspect of our organization, and wc will present that Monday night. Again , as with any budget, there is a lot of different input and directions that wc may need to take before wc actually put together a final budget. That is the only thing we have on the agenda. It will be to you Thursday night, he said, and wc will go from there . (c) City Manager Scars said I wanted to say thanks to Chris Olson and his crew. I know that Chief Lockwood, Chief Stovall and many others were very involved. I want to say that one of the things I did ask Chris and RTD to do, and I want to ask Council to also support, is perhaps a lcttcr to Gan Sports. It was just wonderful that they allowed us to use that facility for the lraining. If that is okay, wc will put together a letter. Mayor Bradshaw suggested the lcttcr be signed by all the Council memben. Mr. Scars said, hopefully , other jurisdictions will follow suit. Cal Marsella is pretty intent about talking to us about our projects here . He hasn't forgotten our projects. I think they arc still on the horizon, he said . Mayor Bradshaw said he would like to come talk to us in September and give us an update on what is going on. (d) City Manager Scars said generally if I am gone, Mike Flaherty is here, but later this wcclt I have some family things I need to follow through on, and so docs Mike. Jerrell Black will be in charge of the City for the last couple of days this week . Obviously, the department directors will be here in case anything should happen , he said . Mayor Bradshaw said the budget retreat for Council is scheduled to be held at the Wastewater Treatment Plant. Is that correct ? City Manager Scars said yes, that will be in September. , Mayor Bradshaw said if there is a lot of interest. we probably need to look at another place to hold it, and I think there may be a lot of interest in the budget this year . Council Member Wolosyn asked why aren 't we holding it in the Community Room . City Manager Scars said we are open to whatever 1hr. Council would like to do. Mayor Bradshaw said it is something we can think about. Council Member Wolosyn asked if 11 will be held at the end of September. Mayor Bradshaw said that is right. Englewood City CoUDdJ Allplt 4, 2803 PqelO City Manager Sears said we will also have an update, u of July, on our sales taxes and where we are, for the meeting on next Monday night. Mayor Bradshaw said oby. The meeting Slarts at 6:00 p .m. 7 Mr. Sears replied yes, and if you want to, we could probably start a little bit earlier. I intend to have all departments do a brief review, with my overview and Mike Flaberty's overview. It could go quite a while. Whatever the Council would like to do, he said . Mayor Bradshaw asked if they should consider meeting al 5:30 p.m. What is Council's pleasure? Council agreed to meet at 5 :30 p.m. in the Community Room . 14. City Attorney•, Report City Attorney Brotzman did not have any matters to bring before Council . AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 4, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, co 80110 1. Call to order. '!·!>~ 2. Invocation.~ 3. PledgeofAllegiance. ~ 4. Roll Call. au 7 ~ 5. Minutes. ~'l-0 a. M;..,ie, &om !he Regula, aty Council-· of July 21, 2003.~ 6. Scheduled Visitors. (Please limit your presentation to teo minutes.) ff ' 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ,If 8. Communications, Proclamations, and Appointments. ff 9 . Public Hearing. (None scheduled) ff 1~~~() ctJi»rl/!rifrµJ.1,r/kJJ))~-~~/1)4.i~/lf_; crrf7l.-< a. Approval of Ordinances ~t ;;;ding. /()/,-,,,.. //) -I-/Oe I i. Council Bil No. 54 -Recommendation from the Department of Public Works to adopt a bift for an ordinance authorizing an Intergovernmental Apeement with the Colorado Department of Transportalion for construction of U .S. 28S Sidewalks . STAFF SOUia: Ken .... Director al Pl6lc Wo,b.. ~noer. HYG11 uwe•.._..,_. ... .....,_. • .....,..._..., .. aa,.,11a11•-••1111• (303-7'2•J405)al ........... -.c. ....................... ,... • • • 0 Englewood Oty Council Agenda August 4, 2003 Page2 ii. Councjl em No, 57 -Recommendation from the Department of Public Works to adopt a bill for an ordinance granting a lease of a portion of West Girard Avenue to Rocky Mountain MOB, LLC. STAFF SOURCE: Rick Kahm, Capital Projects Director. iii. Council Bill No, 56 -Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to adopt a bill for an ordinance approving an Intergovernmental Agreement with Colorado State University for Biosolids Research. STAFF SOURCE: Mark Van Nostrand, Senior Project Engineer. iv. Council Bill No. 52 • Recommendation from the Code Enforcement Advisory Committee to adopt a bill for an ordinance amending the Englewood Municipal Code to correct language and punctuation in the definition of "nuisance." STAFF SOURCE: Lt John Colins. b. Approval of Ordinances on Second Reading. i. ii . Council Bill No. 49, approving sewer rate increases for 2004 through 2008. Council Bill No. 50, entering into a real estate agreement to purchase the Herbertson property at 2800 S. Platte River Drive. c. Resolutions and Motions. i. Recommendation from the Department of Parlcs and Recreation to approve, by moron, the purchase of a Rain Master Evolution central irrigation control ys Staff recommends awarding the contract to the lowest technically acceptable bidder, United Green Tech, in the amount of $41,190. STAFF SOURCE: Jemll Black, Director of Parts and Recreation and Dave Lee, Manager of Open Space. 11. Regular Agenda. a. Approval of Ordinances on First Reading. i. ~7-0 ii. °ffd'l-0 iii. trfdl/-D Council Bill No. 58 • Recommendation from the Community Development Department to adopt a bill for an ordinance extending the Temporary Moratorium on New Residential Construction but removing the subdivision prohibition to allow the subdivision of land in thesf e moratorium. - STAFF SOURCE: Tricia Langon, Senior Planner. Council Bill No. 47 · Recommendation from the Community evelopment O"epartmenf to adopt a bill for an ordinance accepting Enterprise Zone Marketing Grant Funding from Arapahoe Countyf:E..RCE: Darren Hollingsworth, Business Development Spedalist. • Council Bill No. 55 • Recommendation from the I tion Technology Department to adopt a biN for an orclnance approving an Intergovernmental Agreement with the City of Cherry Hills Vilage to provide network design services. STAFF SOUICE: Don lnsle, Director ol lnfonulion Tec:t.olos)Y"'J:',Vt-.f!A.-'aL.../ PleMe note: If you .... tllaliilly ....... ....., ..................... City., (303-762•2405)• ............. .._. ............. ..w 1'11111,-. ... .. • • ' • Englewood City Council Agenda August 4, 2003 Page3 b. C. Ap~of Ordinances on Second Reading. Re~tions and Motions. 1 ?-0'1l'~ecommendation from the Human Resources Department to appoint, by II-Cotion, a hearing officer in the disciplinary appeal flied by fonner Officer .17'1~ .J. I. IAl/) .::f. (!J)J/W eorge Godoy. STAFF SOURCE: Sue Eaton, Director of Human Re,ources.tt)~, ii. Recommendation from the Department of Public Works to approve, by motion, a contract for sidewalk enhancements on West Belleview Avenue. Staff recommends awarding the contract to the low bidder, Goodland Construction, Inc., in the amouJ}~:~,~~~-50. STAFF SOURCE: Ken Roa, Director of Public Worb. VVI ~ 1 2. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14: City Attorney's Report Adjournment F/'fJ1 )>w--' The following minutes were transmitted to Oty Council between July 18 -31, 2003: • Englewood Board of Adjustment and Appeals meeting of May 14, 2003 • Englewood Cultural Arts Commission meeting of June 4, 2003 Englewood Parks and Recreation Commission m~ng of June 12, 2003 Engl ewood Planning and Zoning <::ommission meeting of July 8, 2003 ........ .,,. ..... ......, ...... ...., ................... a,.,,' ..• (lll-76N41!1)11 ....................................... ,.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 4, 2003 7:30 P.M. Englewood Civic Center · Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 'l3f ~ 2. Invocation.~ 3. Pledge of Allegiance. ~ 4 . Roll Call. tu/ 7 ~ 5. Minutes. f1Jr17-0 ,. M;nule, from ... Regula, c;iy Council Meeting of July 21, 2003.~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ff 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) /:f 8 . Communications, Proclamations, and Appointments. ff 9 . Public Hearing. (None scheduled) ff ~--If?~() ctJi»rll}r,i,r).d~tk!l>~~~/()11,i~,-~ -f 1-· a. Appro al of Ordinances o~t Reading. /() fr, I 'f" ! I ) Y-/0(! I I. Council Bill o. 54 -Recommendation from the Department of Public Works to adopt a bill for an ordinance author121ng an Intergovernmental Agreement with 1he Colorado Department of Transportation fo, construction of U .S. :?85 Side\ alks . STAFF SOURCE: Ken Rou, Director of l'llblk Worb. Pluse note: If vou !Yve ii ditilbilty ilncl Med_..., aidl or -6cel, ........ dae Clly al I'. al ..... (3 03•762-2405) ill INst • houn bl.__ al whllt ...._ -....a.4, 'l1llllli ,-. ". Englewood City Council Agenda August 4, 2003 Page 2 ii. iii. iv. Council Bill No. 57 -Recommendation from the Department of Public Works to adopt a bill for an ordinance granting a lease of a portion of West Girard Avenue to Rocky Mountain MOB, LLC. STAFF SOURCE: Rick Kahm, Capital Projects Director. Council Bill No. 56 -Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to adopt a bill for an ordinance approving an Intergovernmental Agreement '!Vith Colorado State University for Biosolids Research . STAFF SOURCE: Mark Van Nostrand, Senior Project Engineer. Council Bill No. 52 -Recommendation from the Code Enforcement Advisory Committee to adopt a bill for an ordinance amending the Englewood Municipal Code to correct language and punctuation in the definition of "nuisance." STAFF SOURCE: Lt John Collins. b . Approval of Ordinances on Second Reading. i. ii. Council Bill No. 49, approving sewer rate increases for 2004 through 2008. Council Bill No. 50, entering into a real estate agreement to purchase the Herbertson property at 2800 S. Platte River Drive. c. Resolutions and Motions. i. Recommendation from the Department of Parks and Recreation to approve, by motion, the purchase of a Rain Master Evolution central irrigation control sysiern. Staff recommends awarding the contract to the lowest technically acceptable bidder, United Green Tech, in the amount oi $41, f90. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. ~7--o ii. l ~'7-0 iii. Council Bill No. 58 -Recommendation from the Community Development Department to adopt a bill for an ordinance extending the Temporary Moratorium on New Residential Construction but removing the subdivision prohibition to allow the subdivision of land in the ~a of e moratorium. STAFF SOURCE: Tricia Langon, Senior Planner./ /d Council Bill No. 47 -Recommendation from the Community evelopment Department to adopt a bill for an ordinance accepting Enterprise Zone Marketing Grant Funding from Arapahoe County. f SOURCE: Darren Hollingsworth, Business Development Specialist · ~ Council Bill No. 55 -Recommendation from the In mation Technology Department to adopt a bill for an ordinance approving an Intergovernmental Agree ment with the City of Cherry Hills Village to provide network design ser. ices. STAFF SOURCE: Don Ingle, Director of Information Technology Please note: If you have a disability and need aukiliary aids or leMCft, please notify the City of En (303-762·2405) at least 48 houn in advance of when semces are Meded. Thank you. • • Englewood City Council Agenda August 4, 2003 Page3 b. c. Approval of Ordinances on Second Reading. Re~s and Motions. ' '7-0tz:>Jt~decommendation from the Human Resources Department to appoint, by ,,. cotion, a hearing officer in the disciplinary appeal filed by former Officer ~A ,J. /. ~ .:J". (!01/W eorge Godoy. STAFF SOURCE: Sue Eaton, Director of Human Resources.1a~ ii. Recommendation from the Department of Public Works to approve, by motion, a contract for sidewalk enhancements on West Belleview Avenue. Staff '?' ___fl recommends awarding the contract to the low bidder, Goodland Construction, -V Inc., in the amoj)~ ::·~~~-50. STAFF SOURCE: ken Ron, Director of PublicWorb.. vvv~ 1 2. General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. fj:~1 ~ The following minutes were transmitted to City Council between July 18 · 31, 2003: Englewood Board of Adjustment and Appeals meeting of May 14, 2003 Englewood Cultural Arts Commission meeting of June 4, 2003 Engle w ood Parks and Recreation Commission meeting of June 12, 2003 Englewood Planning and Zoning Commission meeting of July 8, 2003 Please note: If you II.ave a dkability and need auxilwy aids or leMCft, pleMe nodfy the City of Enslewood (3 03-i 62·2.WS) at least -'8 houn in advance of when MMCft an needed. 1hanli you. For your consideration on 1 '' Reading Ordinance to : 1. Extend current Moratorium that currently expires on Nov. 24, 2003 New multi-unit residential construction n NW Englewood for an additional 3 months until February 27, 2004 2. Remove the prohibition in the moratorium area on land subdivision. The Moratorium resulted from citizen concerns regarding the quality of residential units being constructed in the area bounded by West Evans Avenue West Vassar Avenue South Tejon Street South Zuni Street on the north, on the south, on the east and on the west. This Extension is necessary to maintain temporary suspension of pennits in the area until enactment of the UDC UDC Adoption process begins next month with PH before PZ Anticipate that UDC would be effective in January 2004 Extension Ensures that Phase 1 UDC would be adopted & effective before moratorium expires Ending prohibition on land subdivision 1. Request from property owners to allow subdivision of property 2. Prohibition hinders development options for single -family development because Does not apply to permits for single units, remodels or accessory structures Removing the prohibition of land subdivision would allow only single-unit construction since multi-unit development would still be suspended by the moratorium Moratorium: Established by emergency Extended Extended ORD 28 (2002) ORD 46 (2002) ORD 29 (2003) • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO July 21, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:33 p.m. 2. Invocation The invocation ·.vu given by Council Member Nabbolz. 3. The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present Absent: A quorum was present. Also present: 5. Minutes Council Members Nabholz. Moore, Gruulis, Garrett, Wolosyn. Yurchick, Bradshaw None City Manap Sears City Auomey Brotzman Asailwn City Manap Flaherty City Clerk Ellis Fire Division Chief Lockwood Director Gryatewicz. Finance and AdminiSIJ'ative Scrvica Director Kahm. Capital Projecls Director Fonda. Utilities Senior Manaaer Dumemilter. Community Developme111 Director Eaton. Human Resources Senior Planner Laaaon, Community Developmem Director Black. Parks and Recreation (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTFS OF THE REGULAR CITY COUNCIL MEETING OF JULY 7, al3. Mayor Bradshaw asked 1f there were any corm:uons or lldditions. There were none . Vote remits: Aye : Nays : Motion carm:d . 6. Scheduled Vlllton Council Members Nabhotz. Moore. Oarrea. Wolosyn. Yurchick. Gruulis, Bradshaw None ( a) Ahcc Corns said I have some 1nformauon I would like 10 pve Council reprclina die Plans . First of all, I am here reaardina the South Platte Rl\'er Open Space Plan. 1..-W a.dc:liff ... .. • • 0 Englewood City Council July 21, 2003 Page 2 ·• • • 0 Properties. Radcliff Southeast Properties, Hornet Enterprises . 2150 Radcliff Properties and Colorado Auto and PartS. I thank you for this opportunity to speak. l will be the first 10 admit that lam not a public speaker. so I have written what I have to say to you, so that l make sure I don't miss anything. I'm greatly concerned about the Englewood South Platte Ri vcr Open Space Plan that is up for possible adoption tonight. Should the Council approve this Plan, thinking that the Englewood Planning Commission has already listened to the public. included the public and made a rational decision for approval, you are completely wrong . l hope each of you have read this Plan in its entirety . l have made copies of ,the minutes of the February 25"' hearing, the minutes of the "Public Hearing" on May 2<1' and I also attached a copy of the agenda for the May 20"' hearing, as well as copies of a letter l wrote to each of you. I want to make sure that you arc completely informed, and I don't know how much you have read or learned about this Plan . Hopefully. she said. your staff has already made copies for you, but I am not sure. Even information within the Plan is incorrect. but no one cares. Originally the Plan was about the South Platte River Recreation beautification, trails. etc., or so everyone thought. Somewhere it changed from its original vision. she said, and the complexity of these changes have never been communicated to those it affected . It is now, almost completely, about redevelopment. Your staff continually misled your Planning Commission. as well as, landowners and businesses. Ms. Corns stated that when the direction oi the Plan changed. the title should have been changed to: Englewood's Opportunity To Take Additional Land and Control of the City of Sheridan and Arapahoe County. The strong arm of your government has more than begun again. as a very small portion of this Plan has to do with the river and about two thirds of this Plan's area isn't even within the Englewood city limits. I have been told that some of you believe Englewood's intimidation tactics occurred a long time ago. They did. but they arc still ongoing. Condemnation of land, and taking over land area outside of Englewood, is nothing new. and this scares all of us. Just look at the Englewood Golf Course. It is completely located outside the City of Englewood city limits, and it is completely inside the City of Sheridan. The new baseball and soccer fields next to Centennial Park is on land condemned and taken by Englewood. within the City of Sheridan city limits. Englewood is in a financial hardship and you can't be allowed to benefit from a land area takeover under false pretenses. This is not about open space and parks. It is about Englewood wanting revenue and where they can get it. A few years ago. a large landowner along Union Avenue. within Sheridan. considered developing his property. He needed utilities and was able to get sewer. He needed to bring in water and right along his property at Union. is Englewood's water line . He wasn 't within Englewood. thus you would have nothing to do with him. In February 2003 at an Englewood Planning Commission Public Hearing on this Plan. everyone who signed in was o pposed to the Plan. and no one spoke in favor of the Plan. It didn't matter, ' she said . yo ur Planning Commission didn't hear or they didn't want to listen . I have enclosed those minutes for you. In May of 2003. at a supposable continuation of the February 2003 hearing .. .I say s upposable. because members of the Planning Commission. City of Sheridan Council members and Mayor. landowners and business owners. understood, according to your staffs publication of the agenda. that it was a Public Hearing ... but. at this meeting. we were told it was a typo on the agenda. Yeah. right. Kells Waggoner and your City Attorney made it perfectly clear that no one was allowed to speak. These minutes arc with the copies l also gave yo u. All of this information is in there. After this meting in May , I was compelled to se nd a ll of yo u ... the Planning commissioners, council members -both in Englewood and Sheridan. and this area 's Arapahoe County Commissioner Susan Beckman, a letter. I feared that all the details would not be openl y shared with yo u. I also wrote. and got published, an editorial in the Englewood Herald so that the ci ti ze ns would know what you. or at least some of you. arc up to. I was shocked to learn that the members of yo ur Planning Commission didn 't know that you had previously condemned. and taken land . o utside yo ur City. Do all of yo u know that you do that ? Even Arapahoe County Commissioner Susan Beck man told me that she didn 't believe a ci ty could do this outside their city. Well, we all know yo u c an and yo u do. A more recent example of Englewood's continued cffo,-..s , to not work with others. was JUSt Jul y 8. 2003 . In Sheridan there was another southeast Sheridan landowners · !Meting to try and bnng needed utilities into our area . Sheridan had made arrangements with John Bock. of the Englewood Ut1lit1es . to attend . Guess what? He didn't show up . I wonder why? He fora«, right? We know about the Arapahoe Co unt y proposed quarter 'l, sales and use increase tax to be on the No "cmber ballot and what it potcnually means to Englewood. The Jack o f g uidehnes. regarding municipalities' use o f money. is very disturbing . espec1ally when yo u know the potential impact of conde mnation. It is not forbidden with this tax . Because of the pa,t hi story wnh Englewood. the intentions of this tax. and the potential implications fro m these funds . arc extreme. I will do what I Clln to inform voters. and voters do Jisccn . Within days of the meeting in May. the Planning Comm1ss1on voted 4-3 to pass the Pllln . Mayor Bradshaw said she ' · .. ,, • • • - En&lewood City Council July 21, 2003 Pagc3 D CJ already knew that this Council would approve this Plan . An Englewood Council person did call me and confirm that it was predetermined to pass. I have been told that four members of this current Council will not be a part of this next Council, so they aren't worried about their decision, or how it might effect their re-election. No one is listening. You have said that Sheridan 's government says i~ can't happen within Sheridan, without Sheridan's Planning Commission's approval and their Council approval . Most ofus, if not all of us, don't trust Englewood in what they say and what they do, for obvious reasons. Why arc you planning so much outside your City, if you can't dictate to Sheridan? There is more behind Englewood's motives for this Plan. It is not about the river or even for the benefit of the river. Sheridan is a small city, and changes of officials, as well as staff. happens frequently. as you know. And possibly, some day you will slide this by them. I don't know that all of you would, or could do this, but why give someone that chance? Stop intimidating. You can start by just dealing with and within your City's boundaries. I hope this evening, members of your Plannin1 Commission arc here or maybe they have talked with you in private about what happened with this Plan and how they too, were misinformed by your staff, along with other municipalities and landowners. I'd like to hear what they have to say . This Plan before you is not a vision, as Kells Waggoner and many may insist. Visions swt ... they are put on papcr ... and they become the way it is . This is a very bad phm and it was put together in a not so honest fashion. It did not involve just the river and should never have been made to look like that If you haven't reviewed it in its entirety, the Plan itself and the information I gave you tonight, you don't know the story . You need to be informed and too much information is not a problem, but not all of the information being shown is a mistake . I respectfully ask that you do not approve the South Platte River Open Space Plan and do the right thing and be involved. and informed, on how it got this far . Thank you, she said. Mayor Bradshaw thanked Ms. Corns. (b) James Johnson was scheduled to address City Council. He was not present . ••••• Mayor Bradshaw said Safety Services Division Chief Lockwood is talk.ins to us this evening about the upcoming RID Disaster Drill . (c) Safety Services Division Chief Kieth Lockwood said I am here tonight to invite you to a disaster. which is something I am sure you all look forward to . Safety Services. in conjunction with R'IJ). have gonen together as part of rhr, Homeland Security and wc arc going to be doiq a disaster drill . It is scheduled for August 2 ... which is a week from Saturday. at the Gan Spons area, where they have two buildings and a parking area . It is going to be a multiple aacncy drill. involvina wtw wc call a dirty bomb or weapons of mass destruction. This is part of Homeland Security and it is intended to lat several different systems . It is not just to go in and sec if we know wtw we can do . There arc also a lot of communication systems within the area hospitals. within RTD, within the intcmal part of the City of Englewood. ll!i well as with the other agencies that will be interactin1 . There is going to be a VIP area set up . in there close enough where you can sec first hand what is going on. It is a restriclCd area. so if you hav e any intention of coming in. even if it is for a shon period of time, I need you to RSVP to the City Manager 's Office and it will be forwarded to me . I will make sure that you have the clearance to act in to sec what you need to sec . It is a drill . it 's not for real . He asked if there were any questions . Ma yo r Bradshaw asked if this is in response to the tntn derailment that we had. Docs it have anythin1 to do with that ? Chief Loc kwood re sponded that the only relallOIISbip with that is that I made the connection widl RTD fo llo win g the derailment. to try 10 answer some quesuons. and wtw have you. And lbe timifll jllll happened to be nght . They were loolun1 for someone ro host a dnll in the soudl corridor area. So. he said. to :I.IIS "cr yo ur qucstto n. no 11 1s noc. 11 is Sll'ictl y Just 1nvolvcmen1 of the lipl rail . Mayor Brad>haw kcd 1f there were other quaoons for Mr . Lockwood . There were none. t ... -· • • Enpwood City Council July 21, 2003 Pase-' .. (d) Tim Sullivan said I live at 2020 West Wesley Avenue. in District I. I would like to address Council this evening concerning the proposed occupational privilege w. I do not stand here tonight either for or opposed to this issue, but rather as a concerned citizen. This issue is one to be decided by a vote of the people, he said, rather than business special interest or a legislative branch of our government. I would like 10 respectfully request that I be allowed to present petitions to the Council signed by your constituents, which clearly states our desire, as the citizens of the City of Englewood, to have you bring this issue to a vote of the people. In this time of budget crisis. we Slrongly feel that if service cuts are necessary. we the people. through our constitutional and City Charier rights, have IO vote on this issue. In this respect. the burden would fall on us, the people, rather than on business or the Council. This petition also includes, in the event ii should pass, our desire that Council revisit this issue. when the Trolley Square bonds pay off or the City's financial condition improves. I would request permission to approach the dais with these petitions. which are the first. of what I feel very confidently, will be more petitions, before the final decision is made . Mayor Bradshaw asked Mr. Sullivan to present the petitions to the City Clerk. She thanked Mr. Sullivan. Mr. Sullivan said thank you, I appreciate your time. 7. Umcbeduled Vlsiton (a) Alexandra Habenicht.515 West Tufts Avenue, said thank you for the opportunity to address Council on this matter of vital concern. I've been following the issue of putting a head won the ballot. to address budget shonfalls and the sluggish economy, as it relates to the operation of the City and its services. While I had some reservations in the beginning about a head w. as l have become more informed about ii. I have become increasingly supponive and impressed by Council's intention to move ahead with this as a ballot issue. Specifically, I am impressed by: ( I) the sensitivity City Council is showing to lower income wage earners by exempting them from the tu. (2) the knowledge City Council has shared in learning that neighboring cities, and that's plural. have head taxes. and (3) most recently hearing of City Council's responsiveness to members of the business community. by considering lowering the request from SS .00 to a figure closer 10 SJ.00. in an effon to be more in keeping with the taxing level in neighboring communities. and (4) the severity o r 1he immediate budget situation. And so. she said. I come to you today and urge your consideration of lowering the suggested tu from S5 .00 to an amount more in alignment with our municipal neighbors. Also. since the business community has raised concerns about the c:ma bookkeeping this ~x could entail. I would like to urge Council's assurance to keep the form. and mechanism. for collection. brief and straightforward. Perhaps. even lirnitina collection to every six months. especially for s maller businesses. so 1ha1 compliance need not be cwnbenome. And. because I believe that the extent of the budget concerns is relatively short lived. since our local economic growth through redevelopment is moving forward . I would urge Council 10 consider placina a sunset, of from three IO live years. o n this tnx . h is imponant . I believe. 10 remember that in Enalewood. even with an increase. our businesses pay much lower w:uer rates than they do in their home cities, or other cities. And the services Englewood provides are exceptional and business friendly . Our City's economic development programs and expenditures have gone a long way toward malting and keepina Enalewood an attractive City for businesses and their cu 1orners. with linle or no additional cost 10 our businesses . It really seems appropna1e for the business community 10 be called upon 10 mitigate their use of services. with the s ,gmlicant daytime increase o f populauon. through this relatively low lllX. especially viewed in the context o f our lower wa ter rates . Since ii is o ur resident citizens who suppon our wonderful businesses. not only w11h our patronage. but also with our votes, for the high level of quality services necessary to support a v1bran1 bus,nc commun11y. Cumng services and programs can only hann our citizens and our economy. and our bus,~. With the improvements eontinuina :u Cinder Ila Ci1y ... City Center Englewood ... along Broadway and elsewhere in the City, our local -conomy will COlllinue to improve. It 's ume for businesse and cmzens 10 be s upponivc. And I. for one, am >J f'l)Oftive of the City of Enalewood. ,1s resident and 11s businesses. And . members of 1he City Council. I am supportive of you. our very re pons,ve and re ·pons,blc C11y ouncil. I support and encourage you to move forwud with this oc upauo nal prn 1lege lax . pu111n1 11 o n the balloc . giv1n1 our citizens an opportunity to make themselves lmo"'n nd heard . nd uppon,,e Jgam~ o f our lfC:11 City of Enalewood. Thank you. she said. .. .. • • I ' • • 0 Englewood City Council July 21, 2003 Pqe3 already knew that this Council would approve this Plan. An Englewood Council person did call me and confirm that it was predetermined to pass . l have been told that four members of this current Council will not be a part of this next Council. so they aren't worried about their decision. or how it might effect their re-election. No one is listening. You have said that Sheridan's governmem says it can't happen within Sheridan, without Sheridan's Planning Commission's approval and their Council approval. Most of us, if not all of us, don't trust Englewood in what they say and what they do, fur obvious reasons. Why are you planning so much outside your City, if you can't dictate to Sheridan? There is more behind Englewood's motives for this Plan. It is not about the river or even for the benefit of the river. Sheridan is a small city, and changes of officials, as well as Slaff, happens frequently, as you know. And possibly, some day you will slide this by them. l don't know that all of you would, or could do this, but why give someone that chance? Stop intimidating. You can stan by just dealing with and within your City's boundaries. I hope this evening. members of YOW" Planning Commission are here or maybe they have talbd with you in private about what happened with this Plan and how they too, were misinformed by your staff, aloog with other municipalities and Wldowners. I'd like to hear what they have to say . This Plan before you is not a vision. as Kells Waggoner and many may insist. Visions start ... they are put on paper ... and they become the way it is. This is a very bad plan and i was put together in a not so honest fashion . It did not involve just the river and should never have been made to look like that. If you haven't reviewed it in its entirety, the Plan itself and the information I gave you tonight, you don't know the story. You need to be informed and too much information is not a problem. but not all of the information being shown is a mistake. I respectfully ask that you do not approve the South Platte River Open Space Plan and do the right thing and be involved, and informed, on how it got this far. Thank you. she said. Mayor Bradshaw thanked Ms . Corns . (b) James Johnson was scheduled to address City Council. He was not present . ••••• Mayor Bradshaw said Safety Services Division Chief Lockwood is talking to us this evening about the upcoming RTD Disaster Drill. (c) Safety Services Division Chief Kieth Lockwood said I am here tonight to invite you to a disaster. which is something l am sure you all look forward to. Safety Services, in coajunction with RTD. have gotten together as part of the Homeland Security and we are going to be doing a disasfcr drill. It is scheduled for August 2•. which is a week from Saturday, at the Gan Sporu area. where they have tM> buildings and a parking area. It is going to be a multiple agency drill. involving what we (;All a dirty bomb or weapons of mass destruction . This is pan of Homeland Security and it is intended to tcs1 several different systems. It is not just to go in and see if we know what we can do. There are allo a lot of communication systems within the area hospitals, within RTD. within the internal part of the City of Englewood, as well as with the other agencies that will be interacting. There is going to be a VIP area set up. in there close enough where you can see first hand what is going on . It is a resuic:ted ~ so if you have any intention of coming in. even if it is for a short period of time, I need you to RSVP to the City Manager's Office and it will be forwarded to me . I will make sure that you have the clearance to get in to see what you need to see. lt is a drill, it's not for real . He asked if there were any questions . Ma yo r Bradshaw asked if this is in response to the train derailment that we had . Docs it have anything to do wi th that"? Chief Lockwood responded that the only relationship with that, is that I made the connection with RTD following the denulment. 10 try to answer some questions. and what have you. And the timinaJ1111 happened 10 be n ght. They were looking for someone to host a drill in the south corridor area. So, he said. to ans11ocr your question, no 1t is not. it is stnctly just involvement of the light rail. l\.laJIOf Br;wlshaw uked ,f there were other questions for Mr. Lockwood . There were none. ' .. .... • • -- 0 Englewood City Council July 21, 2003 Page5 Mayor Bradshaw thanked Ms . Habenicht. 0 . (b) Anita Halick. 782 East Amherst Place, said I have been a resident at Bates Logan neighborhood for four years now . Last year when the dog-off-leash program started, a number of the neighbors had called in and voiced their concerns. Unfortunately, our concema have only grown within the last year and that is why we are here tonight. We, as members of the community, are asking you to vOIC for a win-win solution. We do not know how other parks are faring with this program. but the Bates Logan Park is no longer a park for people and for dogs . After speaking with my neighbors, I was amazed because I had a 98 % favorable vote to move the dog-off-leash program from this park to two other alternate sites, which are very close to this neighborhood . The first one was at Clarkson and Amherst Avenue, which is an open green space. and the other one is over ill Bates and Emerson. which is also an open green space. We find this a win-win solution. because those two green space$ are not used heavily by people and it is still large enough for dogs to be able to run freely. without people being asked to constantly curb their clop. What I have found over the weekend. speaking with the people at the park and also in our neighborhood. is that the dog owners are becoming increasing frustrated. because they are beinc asked to curb their dogs all the time. because the Bates Logan Park is such a heavily used park by children and families . Whal I'm finding out. from the families. is that they are no longer going to the park. as they are afraid to let their children play there. because so many of the dogs are at the same eye level as the children. and the children are afraid to go now. I can attest that my son has come home many times crying. because he has been chased by dogs and doesn't know what to do. The other thing that I found i!lterCSling. is that the seniors no longer go there. We have a heavy senior population in this neighborhood and they have told me that when they go for their morning walks for exercise, they have been knocked down by the dogs. So. she said. we are asking you to consider moving this to one of the other two locations in our neighborhood. The community felt so suongly that this weekend they were willing 10 sign a petition. which I would like to give 10 you . They have asked me to return the park back to a place where people and dogs can cohabitate . And they want to know why this was never brought up for a VOie and why this was imposed upon them. Thank you. she said. Mayor Bradshaw thanked Ms . Halick . (c) Man Schune said I am a resident at 5045 South Hawthorne Street. in the southwest section of Englewood. I have addressed you before. in the two public meetings that we have had on the head tax issue and I am just here to reiterate two of my poinu., that I would really like to be considered on this . As a resident. I am against the head tax and. as an employee. I am also against the head tax. Two main reasons I am against it. is that it hwu small businesses and the lowest paid employees in Englewood. the most . And. I think that is something we should consider. The second one. is that it does not stabilize the tax base for the City of Englewood. but it actually makes it more dependent on the businesses and what the businesses generate. As of now . somewhere between 63 % and 66 % of the City's revenues come from the sales tax thal's generated by the businesses within the City. Head tax will add anocher 7 %, which could bring the total revenues that the City relies upon the businesses to generate. up to 70 % of their revenues . Therefore, if you pass the head tax. it doesn't stabilize. but destabilizes the tax base because it makes it more dependent upon businesses. If the sales tax revenues fall more, most likely the employee numbers will fall . Therefore. you will lose more money out of your revenue base, and possibly provide a bigger dilemma in the future . Therefore , I would just encourage you not to put the head tax issue on the ballot Thank you for your time . he said. Mayor Bradshaw thanked Mr . Schutte . (d) Mary Carter said I am the Mayor of the City of Sheridan and my addresi i1 3195 Soutll Clay S1rcc1 on Sheridan. Torught you ~vc on your a,enda. approval of the Soudi Plane River Open Space Plan . The Ci1y of Shencian parucipated 1n preparation of this Plan for several mondls and qrees wholehcancdly with any and all effons to preserve and proccct the River Corridof. However. <M City has moved on several new d1rcc11ons 1nce final prcparall<>n of this Plan took place. As I advised your Plamu .. Comm, s1on. prior 10 the :approval of the Plan. the City of Shendu has obtaUled a ar-for pnpanllOl'I of a new Comprehens.-c Pl n for the 11y updanna the old 1916 Plan. The updaw II on schedule and die raul1s will be available 1n mid -January 200,I. In the meantime, a pettbOII from SC\flM Ill-of Sllcndu waa ' ... .. ; . • • Enalewoocl City Couac:11 July 21, 2003 Pqe6 received by City Council asking for the creation of an Urban Renewal Authority to cleanup an area of our city and to attract commercial retail development to that area . In response to that petition, City Council authorized the preparation of a Blight Study, which has been completed and reviewed by City Council. Blight was found in the area and a Public Hearing on the findings of blight and formation of an Urban Renewal Authority will occur this Wednesday, July 23 ... The area encompassed by the Blight Study, which is to be the area of the Urban Renewal Authority. runs from Santa Fe west to the river and Oxford nonh to Hampden . We recognize that this area is a large part of the South Plane River Open Space Plan. The Open Space Plan has always been presented as a vision. The City of Sheridan expects to wie this vision in its plans, but reserves the right. speaking on behalf of its citizens, to make changes in that vision. Economic development is an important factor in urban living, and is much needed in the City of Sheridan. We feel that cleaning up !his area of our City, and illlroducing a commercial retail development. will give the City of Sheridan the financial stability it needs to provide its citizens with the amenities they deserve. If any of you would like further information reguding any of these matters, please do not hesitate to contact me or our City Manager Jim Sidebottom. Thank you, she said. Mayor Bradshaw said thanked Ms. Carter. (e) Kelly Aynn said thank you very much for hearing what we have IO say. I live at 2109 South Clarkson Street. in Englewood. First I would like to start off by mentioning how much I appreciate the improvements that have been made in the area and how much my family and I utilize every bit of it. So, thank you, number one, for that Number two, I am also concerned about the off-leash program at Bates Logan. I've Ii ved here for five years and spent numerous hours there. I, at first. thought it WIS kind of a cute little doggie playgroup. but it has become a health and safety issue for me personally IS well . I would like to also say that I do think that giving the dogs a place to play is a wonderful thing for our community. However, I don't think it is working in this particular area. due to the playground and the children. as well as the fecal issue and the safety and health matters. I am all for moving it somewhere nearby, or maybe curbing it to a certain hour of the day. Maybe certain hours in the momina and certain hours in the evening where dogs would be allowed to be off-leash. Thank you for your time and have a great day. she said . Mayor Bradshaw thanked Ms. Aynn. s. Commwucadons, Prodanatiom ud Appotn,-11 (a) considered. A proclamation declaring Tuesday, August 5. 2003 As National Night Out WIS COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO DECLARE TUESDAY, AUGUST 5, 2003 AS NATIONAL NIGHT OUT. A yes: Council Members Nabhob:, Moore. Garrett. Wolosyn. Yurchick. Grizulis, Bradshaw Nays: None Mo1ion c arried . Mayo r Bradshaw presen1ed 1he proclamation 10 Crime Prevention Officer Nancy Peterson . Mayor Bradshaw thanked Officer Peterson. She said for those of you in the audience, who don't know this woman. she is incredible. She is the life force of our National Ni&ht Out. How many blocks do we have involved? Officer Peterson responded that we should have close to 300. Mayor Bradlhaw said 300 blocks in o ur community panicipate in our National Night Out and a loc of the credit aoes to Nancy. because she son o f hounds the block captains and never lets us l'CSl. We alwa}'I have to be answering to her . But. it is well wonh it. Thank you Nanc y, so much. she said. Officer Peterson said 1hank you. ' • • 0 EasJewood City Couocll July 21, 2003 Page7 • Officer Peterson said I have something that I would like to pass on to Council. She said it is information on a benefit golf tournament for Brian Mueller, which I thought you might be interested in ... to be pan of that . (b) A proclamation reappointing James Goodrich to the Englewood Code Enforcement Advisory Committee was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO REAPPOINT JAMES GOODRICH TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE. RESOLlITION NO. 69, SERIES OF 2003 A RESOLlITION REAPPOINTING JIM GOODRICH TO THE CODE ENFORCEMENT ADVISORY COMMJTIEE FOR THE CITY OF ENGLEWOOD. COLORADO. V oCe results: Motion carried. Ayes: Council Members Nabholz, Moore. Garrett. Wolosyn, Yurchick, Orazulis, Bradshaw Nays: None Mayor Bradshaw thanked Mr. Goodrich for volunteering again. She presented him with a certificate and City pin. 9 . Public Hearin& No public hearing was scheduled before Council. IO . Comenl Apada (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 -Regular Agenda .) ••••• COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDD>, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) i\ND 10 (c) (I) ud (U). (b) Approval of Ordinances on Second Reading {i) ORDINANCE NO. 48, SERIES OF 2003 (COUNCll. Bll.L NO. 46, INTRODUCED BY COUNCIL MEMBER GARRETI) 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, COLORADO. TO CONDUCT A COORDINATED MAll. BALLOT ELECTION ON NOVEMBER 4, 2003 . (c) Resolutions and Motions (i) RESOLlITION NO. 70. SERIES OF 2003 A RESOLUTION APPROVING THE PROPOSED CHANGES AND ADDITIONS TO PREVIOUSLY APPROVED DEVELOPMENT REVIEW APPLICATION FEE SCHEDUI:E. ' .. , .a • • • - Englewood City Council July 21, 2003 Pqe8 () (ii) PURCHASE OF A PLANT OPERATIONS DATA SYSTEM . AWARDING CONTRACTS TO OSisoft (AS THE HISTORIAN) IN THE AMOUNT OF $96,331.00, AND OPS SYSTEMS (FOR THE REPORTING TOOL) IN THE AMOUNT OF $44,450.00. FOR A TOT AL SYSTEM COST OF $140,781.00 . Mayor Bradshaw asked if there were any comments or questions. There were none. Mayor Bradshaw asked if anyone wanled 10 pull an item off of the Consent Agenda. No one did . Vote results: Ayes: Nays : Motion carried. Council Members Nabholz. Moore, Garrett, Wolosyn, Yurchick, Grazulis. Bradshaw None 11 . Replar Agenda (a) Approval of Ordinances on First Reading (i) Director Gryglcwicz presented a recommendation from the Departmem of Finance and Administrative Services. City Clerk's Office, 10 adopt a bill for an ordinance submitting 10 the regisicred electors of the City of Englewood a question on the November 4, 2003 ballot regarding publication of City ordinances . He said this bill for an ordinance, if passed, places a Chaner question on ballot asking voicrs to make changes to Section 40 of the City Charter. This change would allow Council the option of either publishing bills for ordinances in full. or by reference, and hopefully could save the City some funds. Mayor Bradshaw said the full bill would be available in the library and ocher places. This is just IO stop us from publishing it in the newspaper. Any questions? Council Member Wolosyn said l think we should add that it doesn't mean we will never publish a bill. II will give us the option to make a decision . Mayor Bradshaw said we would have the option to publish it. City Clerk Ellis said we would continue 10 publish by tide, on second reading, as we do now . But this would give us the discretion. as to whether we would publish the ordinance. on first reading. by title or in full. If we have something of significant size. particularly attachments, we would be looking at that. We are not looking to do away with publications , in the Herald. entirely . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 34. COUNCIL BILL NO . 34 , INTRODUCED BY COUNCll. MEMBER GRAZULIS A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE V. SECTION 40, OF THE ENGLEWOOD HOME RULE CHARTER . Vote results: Mouon carried . Ayes : Nays : Council Members Nabholz. Moore. Garrett. Wololyn. Yurchick. Grazulis. Bradshaw None (ii) Director Gryglcwicz prcsenrcd a recommeadllion from the Depanment of Finance and Administrative Services. to adopc a bill for an ordinance submiaina to the rqilleRd dectors ' . ... ... • .. •· • • 0 Englewood City Council July 21, 2003 Pase9 (J of the City of Englewood a question on the November 4, 2003 ballot eliminating outdated language in the City Chaner regarding Surplus and Deficiency Funds . He said if this passes. ii will place a Charter question on the ballot lhat asks voters to eliminate obsolete language in Section 109 of the City Charter. This language was put in place when the City had a number of special paving and other districts . Currently, the City has one and this is obsolete language that can be eliminated. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 35. COUNCll. Bll..L NO . 3S, INTRODUCED BY COUNCIL MEMBER GRAZULIS A Bll..L FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED REPEAL OF ARTICLE X (ANANCE ADMINISTRATION), PART ill (BONDED INDEBTEDNESS), SECTION 109 (SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS ; GENERAL BENEFITS; SPECIAL FUND), OF THE ENGLEWOOD HOME RULE CHARTER. Council Member Wolosyn said I have a rhetorical question. What is lo prevent us from never being in a situation where we have a lot of special districts again ? And if we did, I guess we could put something like this in again. Director Gryglewicz said you could put it in again , but what this does is. it takes a certain proportion of the outstanding bonds and holds them in this special fund .. .if those funds are available ... just for the insurance of paying the bonds . In general . it really isn ·1 needed . I think it was put in place, just because there were so many done at one time. It was done when the City was doing a lot of pavin1 projects and sidewalk projects . In the foreseeable future, we probably won 't have that again. We have one OUlltanding project right now , which is Paving District No . 38 and that has more than enough oulSWlding revenue to pay off those bonds . There are none foreseen right now, he said. · Mayor Bradshaw asked if there were any other questions. There were none . Vote results: Moti on carried . d ue to a co nflict. Ayes : Nays : Council Members Nabholz. Moore, Garrett. Wolosyn. Yurchick, Grazul is, Bradshaw None (iii ) Council Member Garren said he would not be participating in this Agenda Item Mayo r Brad shaw sa id th at Counc il Member Garren has rec used himself from participating in thi s, beca use of a co nfli ct of interest. Assis tant City Mana ger Flaheny presented a recommendation from the City Manager 's Office IO adopt a bill fo r an ordinance submilling to the registered electors of the City of Enalewood a question on the Nove mber 4. 2003 ballot regarding an Occ upational Privilege Tax . He said I am here thi s evening to prese nt Co uncil Bill 48 . which would place a Ill initiative on the November ballot IO allow votcn IO decide on the implementation of an <X!'.:upat ional privilege tax . As proposed, the occupational privilege Ill would cax bo th the employer and the employee SS .00 per month . Ma yor Brad shaw asked if there were any questi ons . Council Member Graz ulis asked how do we c hange the amo un t. Council Me mber Wolosyn said I wo uld pre fer not to move it at th is time . I don 't know what the rest o f the Co uncils ' pleasure is . Co uncil Member Nabho lz said I second that. ' .... .. • • - - Englewood City Council July 21, 2003 Page 10 In response to Mayor Bradshaw, Council Mi:mber Moore said he agreed . Mayor Bradshaw said with Mr .. Garrett rccusing himself from this, we have to have four people to even gel it on the table and I hear three people say no. City Attorney Brotzman said the discussion was about bringing this back as a resolution on August I 8111• Mayor Bradshaw said yes. August 18111 and there can be, absolutely, no changes after that point. Council Member Grazulis said I would like to change the amount somehow . Do wc do it at a Study Session·/ City Attorney Brotzman said it will actually be presented at the next Study Session. Mayor Bradshaw said maybe we should go ahead with the public process . We did it in the Study Session. My concern was that $5.00 was too high .. .I proposed $2.50 ... and Council said they did not have enough information to go further on this, at that point. Bui, Council Member Grazulis said, this will just move it ahead. Mayor Bradshaw said you can move it, I'll second it and they will vote it down. So Council is asking that this come back as a resolution. We want to look at the August financial statements. Sec how we arc doing then . But, she said, I think it was Council's consensus that it would be less than $5 .00. I think that is a fair statement. So, wc are not voting on this . We arc going to have it come back in resolution form. City Attorney Brotzman said there arc actually three more Study Sessions prior to that. Mayor Bradshaw said three more Study Sessions prior to that. and that should give us more than adequate time for information . Thank you Mr. Flaherty, she said, for all your work. COUNCIL DlRECTED STAFF TO BRING THIS ITEM BACK AS A RF.sOLUTION ON AUGUST 18, 2003. (iv) City Attorney Brotzman presented a recommendation from the City Attorney's Office to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding the collective bargaining impusc process. He said, c urrently , if one of our unions and the City reach impasse. the matter goes to an arbitrator. The proposal under the Charter change is to have the impasse language actually go to a vote of the citizens. Mayor Bradshaw said "dollar wise" what is the difference? If we go to impasse, it costs ~ $14,000.00. If we go to thi s, the money is the same. ls that correct? I thought it was a wash. Attorney Brotzman said it ge nera II y is . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) -COUNCIL BILL NO. 33. COUNClL Bll.L NO . 33. INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDlNANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE C ITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV . SECTION 137, PART 6. OF THE ENGLEWOOD HOME RULE CH ARTER. Mayor Bradshaw asked 1f there was discussion . ' .... .. • • • Englewood City Council July 21, 2003 Pqell 0 . Mayor Bradshaw said we used to have a Career Service Board. I think that complicaled things, and yet, I felt like maybe the employees felt like they had better due process . We don't have a Career Service Board now . Therefore, every time we go to an arbitrator, what happens is, the arbitrator either chooses what the City has offered or what the Association has offered, and there is no middle of the road. So, we feel that if the City and the Association can't get together, the citizens need to vote on it, and not an arbitrator. So that explains it in a nutshell. she said. Vote results: Motion carried . Ayes: Nays : Council Members Moore, Garrett. Wolosyn, Yurchick. Gruulis, Bradshaw Council Member Nabholz (v) Director Kahm presenled a recommendation from the Deparunent of Public Works to enter into a real .:state agreement to purchase the Herbertson property at 2800 South Plane River Drive. He said the City of Englewood has been working with the Herbertson family since 1969 on the lease of approximately 17 .8 acres of land at 2800 South PlatlC River Drive. The property wu originally acquired to allow us to build a service center ... a garage operation for the City. Subsequent to that. we worked a shared use agreement with the Bi-City Plant. For the past several years, about half of that propeny is used by the ServiCenter and half by the Bi-City . The initial term of the lease runs out this next year. There is an option to renew it for another 35 years. But as we looked at the lease, we realized that the weakness of the lease was that, at the end of the term. the property owner would own all of the improvements . So they would own our ServiCenter and a big piece of our Bi-City Plant. I talked to Council earlier this year, and they asked me to go ahead and try to put together a purchase qreement with Herbertson. at this point in time. An appraisal valued the land at $2.3 million. Staff has been able to secure a conuact with Mr. Herbertson. for Sl.26.5,000.00, to purchase it at this point in time. Yoo have in your packet a copy of the contract and if you approve an ordinance to that effect this evening, this property coold close as early as August 28• of this year, be said . Mayor Bradshaw said the ServiCenter would be a City expense, but a portion of the Wastewater Treatment Plant land would be split between the City of Englewood and Littleton. ls that correct? Director Kahm said that is correct . Al this point in time, we are suggesting that the City pun:hase the property, since we have the lease, out of the General Fund . And then the City would work with the City of Littleton and Bi-City to negotiate an agreement as to how they will reimburse the City for their expenditure . Mayor Bradshaw said . so. the City would not be laying .. out ail S 1.2 million·? Director Kahm said we would initially, but we would be recovering some of that over the next few months . City Manager Sears said 1hose_nego1ia1ions are going on . The representatives from Littleton were supportive of going ahead with negotiations and, as Mr . Kahm has indicated, we are taking a co mprehensive look at all the pieces of the site, to parcel out the best way of approaching this from both cities' view point . It is my intention that we actually do come back , in a relatively short period of time ... within the next month, hopefully , with a proposal for the Bi-City Plant to actually acquire the portion that they would be responsible for . Mayor Bradshaw said that would be a separate Enterprise Fund that would be buying that. City Manager Sears l>l!id it would be the Bi -City Enterprise Fund ... it is actually our Wutcwater Department. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v)-COUNCIL BILL NO. 50. ' . .. . ... • • Enalewood City Council July 21, 2003 Pagel2 COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER GRAZULlS A BILL FOR AN ORDINANCE AlITHORIZING THE PURCHASE OF HERBERTSON PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO . Mayor Bradshaw asked if there was any discussion. Council Member Moore said I just want to confirm that second step ... that they will be coming back for Council's approval of the agreement with Bi-City. City Attorney Brauman said it is a purchase of land, so it will, absolutely, come back to Council. Vote results: Ayes: Council Members Nabholz. Moore, Garrett. Wolosyn. Yurchick. Grazulis, Bradshaw Nays : None Motion carried. (vi) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving sewer rate increases for 2004 through 2008 . He said they are recommending Council approve these sewer rate increases to cover payments on bonds that would be used for the expansion and a higher level of treatment at the Wastewater Treatment Plant. We will be splitting the cost of consuuction with Littleton and we will each pay about ~-Our share will be in the range of S50 to S60 million . The sewer rate increases have been spread out over a number of years . lnlfead of having a large increase in one year, there would be 15% each year lhroup 2007 and 14'1, in 2008. The 14% will also allow the incr.:ase in administrative fees. to the Ulililia Dep1nment to lbe Sewer Fund. he said. Mayor Bradshaw said a 15% increase, for those in the audience. is around $4.00 for three mondu. That is wlu&t a i 5% increase means . Mayor Bradshaw asked if there were any questions for Mr . Fonda. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (vi)-COUNCIL BILL NO. 49. COUNCil. Bil.L NO . 49, INTRODUCED BY COUNCil. MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 12. CHAPTER IA, SECTION 4; TITLE 12. CHAPTER ID, SECTION I ; AND TITLE 12, CHAPTER 2. SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING TO THE WATER AND SEWER SECTION. AND INCREASING SEWER RATES . Vote raults: Ayes : Nays : Motion carried . Council Members Nabholz. Moore. Garrell. Wololyn. Yun:hick. Grazulis. Bradshaw None (bl Approval of Ordinances on Second Realiin1 There were no addi1ional items ubmined for approval on second readin1. (See Apnda llem 10 -C~ Agenda .) (c) Re so lutions and MotlOIIS • • Enalewood City Council July 21, 2003 Page 13 D (i) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a resolution approving an increase in water service charges. He said the water rate increue is needed to main1ain our coverage on our bonds next year. We would recommend that ii would commence October IM of this year. The increase would be 16% Ibis year and it would be 6% in 2005. This will allow us to do a number of capi1al items that are necessary to main1ain the infrastructure, especially in our overhead storage reservoirs . This also includes an administrative fee, he said. and that is included in the 16%. Mayor Bradshaw said okay, that 16% increase would be approximately S4 .8S per quaner. Council Member Moore pointed out that even with these increases, we will still be substantially below the Denver metro area. for both water and sewer rates . Council Member Y urchick said the thing I find interesting is that Littleton is our partner and we are subs1antially lower than they are. on the sewer rates. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RE.SOLUTION NO. 71. RESOLUTION NO . 71, SERIES OF 2003 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE CUSTOMERS OF THE CITY OF ENGLEWOOD. COLORADO. Vote results: Ayes : Nays : Motion carried. Council Members Nabbolz. Moore. Garrett. Wolosyn, Yurchick. Grazulis, Bradshaw None (ii) Senior Manager Oannemiller presented a m:omrnendalion from the Community Development Depanment to adopt a resolution approvin& the Soudl Plane River Open Space Plan. She said as you know. the Plan evolved out of a request from City Council 10 direct a long range vision for the South Platte River Corridor. The Plan before you tonight accomplishes that Council goal and also provides for one implementation item of the recently adopccd Roadmap Englewood: 2003 En1Iewood Comprehensive Plan. where a major objective in this Plan is to preserve, utilize and improve the South Platte River Corridor. Public support and review of this Plan was accomplished through four opportunities. Development of the Plan by a Public Steering Committee, which you have listed in your packet. a Public Open House and review of the project goals and objectives. which look place in January of 2002, a Public Open House and review of the draft concepts and draft Phan in August 2002 and finally a Public Hearin& by the Englewood Pl.inning Commission in February of 2003 . On May 20, 2003, the Englewood Planning Commission forwarded to City Council Case CP2003-I. with recommendation for approval . The Plan itself progressed through five sequential phases : Inventory and Assessment, Goals and Objectives, Development of Plan Alternatives, Development of a Preferred Strategy and lmplemenwion Tools and Strategics. The Plan recognizes both the imporlance of open space and recreational resources, 10 the economic sustainability needed for the corridor to survive . The mix of both natural and economic resources provides for three primary components on the Plan : Trails and Connections, Pults and Open Space and Redevelopment . I won't lake a lot of time. she said, but I think it is importanl to actually note some of 1he improvements that are recommended in these threerueas. In the Trails and Comectiooa vision. we recommend increasing the capacity of the network of the trails on the adjacent riverside. linkina trails i.:, development sues and improved access and safety on the trail . In the Pults and Open Space section. we recommend new parks. improvma exis1in1 comdor. by incegrating peen finacr linkqa to the rcdc,elopment areas. improvm1 existing riparian habiw. buffer existing UICS and development of an environmental cduc:lllon facility along the nvcr. Finally, lhe third critical clement of the Plan. Redevelopment. recommends the co-ex istence of rede•-elopment and natural resources. Here die Plan recognize bow the nvcr c:an be a spine of acuv11y. where redevelopment builds upon the unique open space and recre:i11onal 1\11:llillel of 1he comdor. The Plan cncoura,es the development of a riwr partway IO ' • • --- F..npwood City Council July 21, 2003 Pqe14 provide and improve access and value, to underutilized propenies along the corridor. The final implementation phase of the Plan combines elements, which are all critical to long-term success . The first being the use of a judicious blend of tools, such as private incentives, grants and fee simple acquisition. The Plan mentions private incentives. or fee simple acquisition, no less than ten times . This is clearly the preferred method of the more regulatory options . Another item in the implementation phase. is creating partnenhips among private business, non-profits and river preservationists. We also recommend following prioritized action steps, which are listed in the Plan. Garnering resources from grants and leveraged funds, and lastly , creating stewudship for ongoing improvement of the river . Finally, a basic tenant usumed in the inception of this Plan. was that cooperation between Englewood and Sheridan was important to the overall success of the Plan. Without going into detail, I think it is safe to say, at this point. that Sheridan does not share the same enthusiasm for this Plan as we had originally hoped for. My understanding is that Sheridan has mentioned that the Plan sliould be limited to trails, and the other two elements, Parks and Redevelopment. should not be included . It is the belief of the Steering Commiaee, that all three elements are critical for the long term success of the Plan and that by eliminating those other two elements, we are not addressing three of the four primary goals that were mutually agreed upon in the initial Plannin1 process. Also. as Sheridan mentioned earlier tonight. they are in the midst of a Comprehensive Planning process. which will be completed in about the next six months, and perhaps, this will be the time to compare the two visions. she said. 10 seek some commonality . In fact, the Urban Renewal District. mentioned earlier. is actually congruent with our Plan . I would ask that Council act favorably on this resolution and approve the adoption of the South Platte River Open Space Plan tonight . Thank )'Oil, she said. Mayor Bradshaw asked if there were questions or comments. Council Member Garrett said I have a question . We heard tonight that there is a hearing, in two days. dealing with some of the property that is included in the Plan. Would it be prudent to wait to see what is happening with that Blight Study before we go forwud? Ms . Dannemiller said if that is Councils' choice, we could do that. I don't see Mr. Sidebottom or Mayor Caner here. but we have had actual meeting\ with Mr . Sidebottom. the City Manaaer of Sheridan. to have some discussions about what is actually happenin1 in that area. It is my feeling that what they are proposing is congruent with this Plan . II is a co111111CtCial redevelopment between Oxford and Hampden. west of Santa Fe. and that is specifically addressed in this Plan. There is noching that would preclude that type of development in this Plan . If you look at the Plan composite on pqe 34, I think that you will see two areas identified in purple ... one being a slashed area and one bein1 a solid area. Those are areas that we have addressed . We did not address the northern section . We didn't address that u anything. so that would not preclude their action. Mayor Bradshaw said I think one of the misconceptions of this Plan. is that it represents a talang . But when I look at the members of the Committee and I see people from Colorado Parks. South Suburban Parks and Recreation. South Plane River Commission. the City Manager of Sheridan. Mr. Yurchick served on this Commmce. the Arapahoe County South Metro Chamber. the Tnast for Public Land. Urban Drainqc and Aood Co ntrol , the Army Corp of Engineers. and the Sheridan Family Resource Cen1er .. .I just don't see that . h docs not represent a taking , it is only a sugestion. I know that. in pan of Sheridan's Urban Renewal Plan . there is our Golf Course, and I think that is an inrcratin1 item that rmeds to be addrcued also . Ms . Corns. I think that some of your information. is misinformation lhal )'OU read to 111 111d for that I'm truly sorry , because we really tned 10 commwucatc with Sheridan. I would say you probably .-S IO talk 10 Jim Sidebottom, si nce his name 1s on the committee . Docs anybody else wish to address this issue? Council Member Grazulis said I ha c many questions reprdi1111his. but I lhinlt I can pt .,_ of my answers Just by talking to Ms . Dannenullcr and lhc poup. I do have a concern tboup. when I look at some of the people 1ha1 are on that comm1ncc ... lhat there arc no landowners alona lhcrc or busineu owners . Ms. Dannem1llcr .aid. :ictually . there arc landownen. but they l'cpracnl mulbplc i.-rau on that Committee . I don't have the list 1n front of me . bul SIMI B10W11 is e landowner widun thal area. I'm sony. ' ... ,• ..... • • -- Englewood City CouncU July 21, 2003 Pqe15 I can't think of a number off the top of my head . Mayor Bradshaw said Stan Brown owns Alameda Wholesale. Ms . Dannemiller said that is right. Council Member Grazulis said I did have several calls. from some concerned people, on the method that their land was going to be taken and I've been trying to get back with them. because I just got back into town this weekend, and I have been unable to . So that is why I have a question as to the acquisition and how you intend to do it for a private property. When really, at this point, that's their property that they have homesteaded on for the last 80 or 90 years and it's their livelihood. You know, she said. they are very concerned . Ms. Dannemiller said sure, and if you read the Plan through completely, in terms of methods for aaua1 changes in the corridor, there are a number of methods that are rec:ommended. One of them beu11 acquisition of the property. And even in that instance, ii specifically refers to owner-initiated actions. There was very little suppon on the committee for any type of action that would be aovcrnmentally initiated . We tried very hard 10 look al the incentive ponion of the Plan and emplwizcd that these are opporlllllities that may come about, as property owners want to sell their property, or if a developer approaches a property owner about increuing the value of their property by doing some of these thinp. that would be owner initiated and not through the condemnation proceas. We will not deny the fact that there po1entially could be condemnation, she said. but, that is not a preferred Plan alternative. Council Member Grazulis asked if the condemnation would be the entire property or just the strip that you're involved with . Ms . Dannemiller said I wish I could address specifically what it would be . 11 would be based upon a redevelopment application. If an application came to the Community Development Department for redevelopment, and we were initialing it. ii would be specific to a property iaelf and not acquiring the entire corridor. Council Member Y urchick said I think that is where a lot of the han& up is. People look II a map and say "oh my God. that finaer is running through my property." Well. that is not the cue. he said. ll is jlllt a concept ... they are showing they want to connect activity behween the Plane River and Ena&cwood. and the Platte River and Sheridan. Thal doesn't mean a strip of land is runnina throup any particular property. It is something the group wanted 10 work out in the future. as the property was developed. And, I would also like to say that. Sheridan did panicipate in this. 11 leas1 a third of the way lbroup ... 40 'll of the way through ... and saw most of this and then just dropped out. for whatever reason. he said. and they no Ionaer auended any of the Planning meetinp. Mayor Bradshaw said all the stakeholders. along that area. were II the meetinp I aucnded and Ibey were well informed . The owner of Kent property, wanted 10 come into Ens)ewood. if we would pve him a free sewer . That was the whole issue. We said no, you have to pay for it. So. that banle has been OIIIOffll for 20 years th at I know o f. But as far as an idea. this is an idea. it is a conceptual Plan only, she said. it is noc se t in co ncrete . Co unc il Member Wo losyn sai d to that end. and out of respect to Sheridan. maybe we shouldn't include them as a primary sponsor. I don 't know how Council feels , she said . as ii says Ens)ewood and Sheridan arc pri mary sponsors of the Plan and I don 't th ink that 's accurate . And , I don't think I can speak for Sheri dan . Ms. Danncmiller said I think that is something that we could elimiRIIC withoul a problem. Co unci l Me mber Grazulis said on paae 53. I had a concern when it was mentioned to acquire m:ertl as~ssment value s . Those are not actuall y like real values. :u we all know when we pl our taus for our property . and so there should probably be so me type of middle pound in there. too . I un jlllt speculalina, she sa id. Ms Dannc m1ller Sllld n ght . that wu the way we ac tuall y determined initial COil cstimaaes. for die Plan. But yo u arc correc t. we do n't use tho6e for an offer of pun:hase . They are bued or1 real val-. 11111 oa ....... value . t . ,• • • [nglewood City Council July 21, 2003 r.geu; (J Council Member Yurchick said l would just like to sa y that this isn 't an Englewood Plan. Englewood's participation in this Board was in the minority, when you look at everyone involved and the concept they came up with . Mayor Bradshaw said that is right. Mayor Bradshaw asked if there were any other questions . Council Member Grazulis said I agree with Mr. Garrett. that it would be prudent to just wait awhile . Council Member Moore said I was asking Ms . Dannemiller whether we should. She said it is comillellt with the Plan . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (ll) -RESOLUTION NO. 72. RESOLUTION NO . 72. SERIES OF 2003 A RESOLUTION APPROVING THE ADOPTION OF THE SOUTH PLATTE RIVER OPEN SPACE PLAN WHICH WILL BECOME PART OF ROADMAP ENGLEWOOD: 2003 ENGLEWOOD COMPREHENSIVE PU.N. Mayor Bradshaw asked if there was any other discussion. There was none . Vote nsults: Motion carried . Ayes : Nays : Council Members Nabholz, Moore. Garrett. Wololyn. Yun:bick, Bradshaw Council Member Oruulis (iii) Director Fonda presented a recommendalion from the Little1on/Ens)ewood Wastewater Treatment Plant Supervisory Committee to approve, by mocion. the purchase of Deailrificalion System Equipment and Installation Services from Severn Trena Services in the amoun1 of SJ .080,300.00. He said this is a pre-purchase of equipment from a very specialized company . We investigated three sy stems that our consultant, Brown and Caldwell, felt could adequarely do the job. And after pilot tatin& and visits to installations, we chose Severn Trent. We have negotiated the price of the denilrification equipment with them and the Supervisory Committee is now recommendina approval of pre-pwchuc of this equipment, along with some needed services , from Severn Trent. that would put it toaether. The eqwprnent will be delivered during the construction phase, he said . Mayor Bradshaw asked about the reason for this equipment. Direct or Fonda replied this is the denilrification equipment that will go in the tank . It is the equipment that goe w11h the tilter units that ;ue part of the denilriftcation process . Ma yo r Bradshaw said thi s i a requirement of EPA? Is that correct? Di rector F nda said thas i the equipment we wlll need 10 meet their requiremelllS. ya. Ma)or Br.Mishaw said okay . Mayor Bradshaw asked 1f there were any other quesoons for Dvector Fonda. Counc il Member Grazuh sa ad I have a commenc . Sance I do noc know much abolll du5. I enlist my enlire trust to o u. that tha a the best tlu na for the Caty . • ' .. .. • • Englewood City Council July 21, 2003 Page 17 Direc1or Fonda said yes. 1his equipment, as opposed to the other processes, would be the equipment you would want if we ever had to go to phosphorous removal . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF DEN1TR1FICA TION SYSTEM EQUIPMENT AND INSTALLATION SERVICF.s FROM SEVERN TRENT SERVICF.s IN 'fHE AMOUNT OF $3,0IIO,JOO.OO. Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw Nays : None Motion carried. ••••• Director Eaton presented Agenda Items 11 (c) (i v) and (v). (iv) A recommendation from the Human Resources Depanment to select, by motion. an arbitrator in the matter of the Englewood Firefighten Association impasse . (v) A recommendation from the Human Resources Depanment to select, by motion. an arbitrator in the matter of the Englewood Police Benefit Association impasse. Director Eaton said I am here to recommend that an arbitrator be selected this evening to conduct hearings in the matter or impasse between the City of Englewood and the Englewood Firefighters Local 1736 and also between the City of Englewood and the EPBA. Mayor Bradshaw asked if there were any queslions. Council Member Moore asked about the coat difference amon1 the arbitralOl'I. Some of them had a per diem charge in there and some of them didn't, he noted . · Director Eaton said there are different per diem charges. There are also charges that would be wocwed wuh travel that should be taken into comideration. aa well . Mayor Bradshaw said. but both contracts are for SIS.000.00. ls that whal we budaeted for thole? Director Ea1on said that is correct. Council Member Yurchick said Mr. Snow wants S900.00 a day. in addition to the SIS.000.00? Director Eaton said actually the S IS .000.00 that we budpted, is not all arbitralOl''s fees . It is putially our employment attorney's fees for prq,arallOII of the unpuse. Council Member Moore said. as Mr . Yurchick pointed OUl, Mr . Snow is lookin1 at a S900.00 per day fee . Ma yor Bradshaw said he is com1n1 from Ftesno . Counci l Member Grazulis said I thou1ht maybe Mr . Vaupn for the firefial*n and Mr. Sao,ii for die pohcc. Jus1 because of what they have dealt with. I j1111 read some of theu lrlleles and dial would be their e~p.:msc . Council Member Wolosyn id I asked for a httle btt of :advice. Mr . Aucnber1 is from our 1118a. I - 11<>m1 to move 10 appoint Mr . Alscnber1. Council Member Yurchick asked'*"° we used lase ya,. Director EMOll sud die arbttnlOr dlolen lut tirne . 1 not on the hst. • t . ... ,• • • 0 Englewood City Council July 21, 2003 Pa1e 18 ·• • COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT BENNE'IT AISENBERG AS THE ARBITRATOR IN THE MA TIER OF THE ENGLEWOOD FIREFIGHTERS ASSOCIATION IMPASSE AND IN THE MATTER OF THE ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE. Council Member Yurchick asked what he charges. He doesn't have a fee listed, he said. Director Eaton said I do not know the answer 10 that question. Mayor Bradshaw asked if there was any other discussion. There was none. Vote results: Motion carried. Ayes: Nays : Council Members Nabholz. Moore, Garren. Wolosyn, Yurchick. Grazulis, Bradshaw None (vi) Director Kahm presented a recommendation from the Department of Public Works 10 approve, by motion, a construction contract for the family aquatic park, with Taylor Kohrs. UC. in the amount of $6.297 ,630.00. He said, in 200 I, Englewood voters approved bonding for thRC recreation projects. We had the Malley Center expansion, the Recreation Center expansion and the construction of an aquatics park. The first two projects, the Malley Center and the Recreation Center, are under construction and we will sec the completion of those projects over the next 60 to 90 days. They are coming along really well . It is now time for us to go forward on the aquatics park. Earlier this spring, staff advertised in the Daily Journal and the Englewood Herald for construction firms that were qualified to build this type of project . We received 23 responses 10 our request for qualifications. Our in-ho111C selection commil1Ce narrowed that down 10 eight companies that we felt were best qualified for this project. Subsequent to that. we bid the project and on July lo* we opened bids. The bids nm from $6.240,000.00 up to $7,040,000.00, and the average is about $6.5 million. The archi1ect's estimate. at the time of bid. was $6.6 million. At this time, we would ask the Council 10 approve by motion, the award of a construction contract to Taylor Kohrs. LL<;: .• as they were the low bidder. for the construction of the family aquatic park. Pima Cove, and authorize the Capital Projects Director 10 go into a contract in the amount of $6,297 .630.00. The reason for the higher number is that we did have alternates that we bid. There were actually seven alternates and we only bid five . The first two were actually in the base bid. We arc recommending alternates 3. 5, and 7. Alternate 3 allows for underwater lighting in the pools. The way this is proposed, right now. ii wouldn't be usable al night. .. but if we don't put that lighting in, up front, we will never have it. The second alternate, alternate 4, is Diamond Brite. That is a treatment that you put on the pool. and from a maintenance standpoint . it protects it from ultra violet rays. panicularly when the watCT level is down in the winter. But that is something we can add, out of the contingency, late in the project. if funding is available. So, we arc not asking for it at this point in time. Alternate 5 was the addition of a third slide. We have two large slides that were in the base bid. Quite honestly. Taylor Kohrs had an error in their bid. which they will honor. Thal slide that should cost about $80,000.00 to $90,000.00, was bid for S 15,000.00. So that's a bargain . We should get three of those, but only one is available. AIICTDate 6 is a vapor barrier, which may need to be included in the concrete placement. It's $8,500.00. if we need it. We will make that determination as we construct the project. And. Alternate 7 actually adds some decorative fence at the main entrance 10 the park and we think that is a good invcstmenL as well . I have sjvcn you a breakdown of the project. The low bid is at $6,297 .630.00. Al this point in time. we have already done the demolition of the si te , and completed the environmental cleanup and site prep. for $392,000.00. We have profasional fees at S505.000.00. We have some tap fees . We hope to be able to put the traffic sipl on Belleview, which as estimated al S 195 ,000.00. We arc still coumna COOT on that issue, he said . Mayor Bradshaw saa d that was my question because I have a real concern. There arc kids already ruMina aero s that street to get 10 Cornerstone. ' .. .. • • Englewood City Council July 21, 2003 Pqel9 Director Kahm said we have been working with them for several months now and I think we are at a point where they have agreed to allow us to have the signal, but there is just a question of the exact location. We have a location picked and I think the State is asking us to move it 100 to 150 feet to the ea,t. Mayor Bradshaw said the hill is an issue there. with sighL Kids run across, if they think they have a light. and there are cars coming off that hill . Director Kahm said moving the signal to that location isn't that big of an issue, as we worked with South Suburban early on. I don't think they really ever intend to have the four-leged intersection into Cornerstone Park. So it is going to probably be a ·-r intenection. So moving it wouldn't have an impact on South Suburban. he said, so I think we would still be okay. Mayor Bradshaw said my concern is visibility for the kids. as they try to pt ICl'OII, when they pt excited and they want to go to the Skate Park from the swimming pool. and vice versa. Director Kahm said the total estimated cost for the project, at this point. with all thole continaencies and administrative fees, is $8,650,793.00. And that amount of money, he said, is available from the bond sale. Mayor Bradshaw asked if there were any questions. Council Member Wolosyn said l would just be interested in a little background on the firm. Have they done a water park before? Director Kahm said absolutely. We narrowed it down to 8 who had a lot of experience in building pools and parks. This is a very larae company. They actually have offices in about 7 states and one of the principles lives here in Highlands Ranch, so he is local. Council Member Gruulis said my initial concern was what experience do they have with the body slide. Are they going to eat that $70,000.00? Director Kahm said yes, they are. And incidenlally when it comes to the pools, we actually pre-qualified. nationally. 6 pool contractors to build the pools. Taylor Kohn is a aenen1 COlllnetor. The pools will actually be built by St. Louis Pools. out of St. Louia. They are CODlidcrcd by our c:omullllll. as one of the top contractors in the country for this type of worlt. Mayor Bradshaw asked if there were any other questions. There were none. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A CONSTRUCTION CONTRACT FOR THE FAMILY AQUATIC PARK, WITH TAYLOR KO~ LLC. IN THE AMOUNT OF $6,297,6JI.OI. Ayes: Council Members Nabholi, Moore. Ganett. Wolosyn. Yurchick. Gruulia. Bradshaw Nays : None Motion carried. 12 . Gneral Dllc:llllioa (a) Mayor's Choice (i) Mayor Bradshaw said l aaended the Board of Adj-& Appeal& !Meli .. and they run a tight ship. There is DOC a lot of nmai .. llOUDd. I -vsy uapreaed. The ..i tllina ia. they iltt voting on our name s. I believe. John Smith is Ann Nabholz . I willt tllere -a way we could hde some thing 1n the vorina panel for Plannin1 and ZoN .. and die &o.d of AlljUlblaal ad Appeal&. We probably need to have a votina panel made up for the Board of Adj ..... .t Appea1a ...S for PAZ. We Med to find OU1 about the COIi. t , • • Eapwood City Couadl July 21, 2003 Pqe20 (ii) Mayor Bradlhaw said I want to lbank Council, bee.-you pays ue working very, very hard on our budget iuues. and I respect each and ewry one of you and your decisions. I drink ... it is a proc:es5 and I hope our citil.enl realize the laborious proc:eu we ue going tbrouab-And. I drink the buaineues do, I really do. So, keep up th e good work and we will see you next week with ideas on bow to generate money . (b) Council Members' Choice (i) Council Member Nabholz: I. She said the hedge on the east side of Paul's Caleriq i1 preuy f.-over the sidewalk and it is a thorny hedge, so we need to get in touch with Code Enfou:euw or someone needs to pt in touch with Paul's Catering and have them aim that. 2. She said I guess I need ro, once again. lll&le my concern over Bates Lopn Parle. I've been there nwnerous times. I qree with off-leash, but I don't see tbia parlt •.• compan,d to Belleview Park. It is a problem and I drink we really need to take a cold, hard look aa that. I met with Dave Lee and a Code Enforcement Officer in January . There are quite a few Denver residents who use tb&I. bee.-it is so cloac and it is easier than W ubington Parle. But you can definitely see the decline in people 111ina the park and there ue loCI of clop there. I think we need ro take a look al it. so tbat it's fair to everyone. Because right now, it seems it i1 a little lopsided. I cbec:k it every week ... a different day ewry week ... and !here ue problems. Mayor Bradshaw said it soulida like it is a horrible problem. Ma. Nabbolz said it really is and I drink it is just because it is so close to houses. Now, we have the IIIUlbroom park dial is backed up IO lbose apanments. but this is different It is acc:eued from numeroua sides and I drink it is a seriOIII problem that we need IO take a look at. she said. Mayor Bradshaw sugesred this issue go to the Pub and Recr.aion c-iuion. (ii) Council Member Moore said I would like to C01111a.111 oa tbia lllo. We have a policy in place, where we will revisit the leah law ever so often. I -woaderiq wbell we will revisit it nexL Council Member Nabholz said didn't we jlllt redo it? Mr. Moore said tiaa ftiea and. the way I fiaun,d it. it must have been a year and a half or so ago . Council Member Garrett said one of the ladies came to Pub and Recr.aion a-iaion ID praeat allemalives and they are looking al the alter'l&lives she sugelled. I doll't know wbll the OUICOllle of that will be. be said. until tbal disc1111ion takes place. Mayor Bradshaw said maybe we should S10p clop al tbat park lllllil lhere ii a discul&ioa ... uutil !here is a decision . Council Member Garrett said. in fairness, we bad an Open i:-ud we advertiled die Open Forum in the Citizen. And lhe only people who came ro the Open Forum were people who supported our part.• an off. leash park. He said we have done thi s several times and. every ti-. Ibis is die ..ulL WIien we - there. we bad a meetin1 and the clop didn't bocher 111ybody. Aad so. I dlint dill -liave ID bl c:ardld. I mean. we had one penon call up and say !here are a lot -dos dnJppillp and die ,._ Klllllly pve 111 I count . Mayor Bradshaw said yes. tbat concerned 1111. Mr . o.n.a said if ,au., ID J-Pllt. ..... brown spots. because of the drougb1 and olher reuons. and not jllll dop. la ii j.a lillll "9J odllr pllt. But those are the iype of iuues we are looking II and I would lilra 1111 Pllb and Ra:l9Mion Coeeiaine ID take a look at 1t. I belic-ve we revisited this I-..._ ..,... a,o. 111 llid. Mayor Bradshaw said yes, ii wu fairly recently . Council Member Grazulis said maybe lhe timing c:ould be revililad ... we could .. ,.. Clftlia a.a we.ca !here would be free lime for kids. Enalewood City Council July 21 , 2003 Pqe21 Council Member Gam:n said the Parks and Recreation Commission discusaed that and it is very difficult to monitor time zones. Either the park is or isn't, because. you know, it is always going to affect somebody somehow, somewhere. So we are lookin1 at altemalives. he said. Mayor Bradshaw said what about the dirch? The use of the dirch in that park. The one that is going to be fenced off. I think that might curtail some of the use there too. Mr . Garren said that I don't know. Ms . Nabholz said it could be that some of them train their dop at the fences. Mr . Garren said there will be irresponsible dog owners, whether it is off-leash or no(. Mayor Bradshaw said absolutely . Council Member Garrett said you are aoina to have problems, no matter whal. We undcntand that they make an effort to make sure that they try to socialize in places where people aren't congregating. Mayor Bradshaw said I know then: are park users at Jason who just drive up in their car, open their door and out the dop go. And then. finally. the penon IIIOICYS out of the car, five minutes later ... and that is wrong too . Council Member Garrett said it is an enforcement issue as much as anythina. Council Member Moore said I don't remrmber whether fencing an area is an opcion . Council Member Garrett said we discuucd fencing areas and that is noc COlllidered an option. Director Jerrell Black said. initially, when we loobd at this issue. one of the by fac1on had to do with the cost, because most of the do& parks out there ... and if you see the cxa around die meao -· .. they are fenced. They have water and they are encloled. The COIi that we loobd aa was anywhere from s 100.000.00 to S300,000.00. dependina upon the size of the IOC&lion. to supply W111S and fencina. Al. a result, when you fence it. it ends up beiq bai'ren puund. So. u a compromise. initially when we pu1 this program together, it was to locate different parks within the comaanity. then -a 12-mondl period for a trial basis and !hat worked well and Council decided to move forward after that. So. it becaa. .---, wilh the agreement that we would revisit the issue once a year. Al. Mr. Oanea said. the Plrb and Recreation Commission has talked about this issue a number of times. I don '1 know tbaa there is a solution that will satisfy everybody, he said. Counci l Member Grazulis said I have a quesuon. Could we revisit one of thole peen spaca. IO see if it would be feasible ? Mayor Br:Whaw noted they are small. Council Member Garrett said the Parks and Recreation Commission will be lookin& into whedler there are ahernauves to Bates Loaan Park . Counci l Member Grazulis said noc instead of. but in addition to, and maybe thlll ~ ali.v. .-of the wear and tear . or the number of dop at B11e1 Lopn. Council Member Wolosyn asked if thelc are two 1oC1 that we o-. Duector Black sud ya. lllll is cornet. but they arc a lot smaller. Mayor Bradshaw said they an the sue of two hollN loCI. Ma yo r Bradshaw asked if there were any ocher questicMw b Mr. Black. Council Member Moore said it is a tou&h iuue, but this lllllnllR&, I hid a dos dllrl' •· k -II._ Park , which 1s not an off-leash park. A &IIY rides a IIIOIIIIWn bike Md he haa a beaubf.11 dos ... i. 1111 I• ' . t ·'-.. • . , . • • -· • Eqlewood City Council July 21, 2003 Papll run free while he rides . He is well controlled, but that dog made it twenty yuds towuds me before that individual stopped him. I've watched them before, so I know that dog is under control, but. nonetheless. when that dog advances toward me, I myself go into a defensive mode. So it is very roup. I have clop myself. I have two large dogs that I look out for, as well as an old dog we ue nursing, that my falber-in- law owns. I am a big dog supporter, but dogs off-leash ue dangerous, unleu you can control them well. It is hard to just make a decision to go with it. I know we keep revisiting this, but for me. it is lllill a hard i11ue. It is tough, he said, and if we can't afford to do fenced areas. it lllill makes me question if we ue really doing the right thing. Council Member Wolosyn pointed out that we haven't had a problem at four paru. Maybe there is something about Bates Logan that just isn 't working . I know you guys have been over and over this, she said. but it just keeps coming up . Mayor Bradshaw said if we had a dollar for every minute we have spent on do& parks. we wouldn't have a budget shortfall. • •••• Council Member Nabholz said I want to thank Parks and Recreation. Nick p bun in the pool today . He broke his finger . The staff was excellent and his buddy, Brandon. the lifeguard that be oripnally had a problem with. is now his best friend. You guys did an excellent job, she said. thank you. I really appreciate it. (iii) Council Member Garrett: I. He said I will not be at the July 28* meetina next week. 2. He asked if we were going to panicipare in the bearina on Wednaday. in Sheridan. This is a Public Hearing, he said, and we would be one of the major property owners. Ms. Dannemiller said this is the first I've heard anything about it. Mayor Bradshaw said Mr. Sears and I have participated in bearinp in Sheridan. City Manager Sears said we will follow up . Mayor Bradshaw said we will have someone there . Council Member Gan;ett said I think it is up to the City Attorney 's Office to decide what<>Ur lepl ripts are and how we should participate in the public hearina . It is a surprise to me that we hav en't been notified. he said. Mayor Bradshaw said if Council wants 10 go. it is at 7 :00 p.m. on Wednesday . (iv) Council Member Grazulis said it was kind of illterellina tbia lal week. I wu up in Vail for a week with five 18 year olds. She noted when you ue 18 the world revolws around you. However , I WIS listening to some of the TV apou. because they hid lbeir Vail Rec:nlllioa Dillrict leleviled . I put that on and. of course. it drove the kids away as it wu boriq. 8111 I liallaed IO ii. bee.-Ibey - having trouble with their golf courses . As you probably know, they WUll to raur1-dleir ar-, Ami. their big issue WIS whether to close three holes at a time or clolc it for die enlire y.r. 11ley dlloupl lboua how they were going to be driving people away . They chaqe SI 10.00 or SI IS .00 per clay, for playina 18 holes and they finall y concluded that one thina they were ao•na to do wu. if you we111 on Friday 111d Sa1wday and paid the S 110.00 per day. then you could play for half price, up to aooa oa Sullday . What a deal . And that is what they were 1oing to promole and push dlroup E-mail to all die holela. I jllll we111 ... whoa. I just thought. how wondeTfu1 11 is. dial we have die aolf c:ourw dial we do have. and it ia ao affordable f°' everyone . " ' • • F.apwoocl City Couadl JIiiy 21, 2803 Pap23 13. City Muaaer'• Report City Manager Sean did not have any matters to brin1 before Council. 14. City AUorMJ'• Report City Attorney Broczman did not have any mauen to brin1 before Council. 15 . A~ -- • COUNCIL COMMUNICATION Date: Agenda Item: ] Subject: August 4, 2003 10al Intergovernmental Agreement with CDOT for U.S . 285 Sidewalks Initiated By: Department of Public Works I Staff Source: Ken Ross, Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21" Century (TEA-21). RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation (COOT}. This agreement covers financial commitments related to the construction of .,U.S. 285 Sidewalls from Clarbon to Old Hampden". BACKGROUND, ANAL \'SIS, AND ALnRNATIVES IDENTIFIED The north side of U.S . 285 between Clarkson and Old Hampden is identified in the City's '"Sidewalk Missing Links'". Installation of sidewalks at this location is desirable for the safety and convenience of pedestrians. In February of 2002, the City submitted an application to the Denver Regional Council of Governments (DRCOG) for Federal TEA-21 funds to construct this project Initially, the project did not make the cut for inclusion in the TIP, however, staff continued to pursue the project when additional funds became available in early 2003 and it was included in the Transportation Improvement Program for funding in FY 2003. The total estimated project cost is $397,000. Federal funds in the amount of $297,000 are programmed in the TIP. Englewood's share is estimated at $100,000. Muller Engineering was retained to design of the project. Final design is underway and will be c omple te by the end of August, 2003. Pending Council approval of this IGA, the project should be o ut fo r bids the first week of September. Construction will carry over to the spring of 2004. FINANCIAL IMPACT The fe d e ral partici pation towards the US 285 Sidewalks is $29 7,000. Englewood's rMt>:h is estimate d a t $100,000. This project was added after the 2003 budget process was complete. The "Si dewalk s Mi ssing Links'" 2003 budget in the Public Improvement Fund has approximately $40,000 in reserve a nd available for this project. This wil fund our share of work performed durint alendar year 2003. Funds for the remainder of the match and project administration wil need to be bud geted in th e Multi Year Capital Plan for 2004 . LIST OF ATTACHMENTS ln tergo emmenta l Agre ement Bill for an Ordinance · .. .. • ' • (FMLA WRK.ENH) PROJECT STE M395-008, (14414) REGION 6/(JP ) TRANSPORTATION ENHANCEMENT CONTRACT Rev 01/09/03 03HA600075 CMS ID 03-207 nns CONTRACT, made this __ day of 20_ by and between the State of Colorado for the use and benefit of THE COWRADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or COOT, and City of Englewood, ST A TE of COWRADO, Public Works Department. 1000 Englewood Parkway, Englewood., CO 80110, FEIN: 84-6000583, hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECITALS, 1. Authority exists in the law and funds have been budgeted. appropriated and otherNiae made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Orpni7Ation Number 9991, Program 2000, Function 3301, Object 2312 IP, Project STE M39S-008 Phase C, Reporting Category 6140, Contract Encumbrance Number 14414, (Contract Encumbnmce Amount: $371,250.00). 2 . Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to Title I, Subtitle A, Section 1108 of the Transportation llquity Act for the 21st Century of 1998 (TEA-21) and to applicable provisions ofTitle 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, u may be amended, (collectively referred to hereinafter as "the federal provisions"), certain Federal funds have been and will in the future be, allocated for highway projects requested by Local Agencies and eligible under the Surface Transportation Program that hu been proposed by the Stale md approved by the Federal Highway Administration (FHWA), hereinafter refem,d to u the propam. 4 . Pursuant to§ 1007(a) ofTEA-21, at 23 U .S .C . § 133(dX2), ca'tain Surface Transportation Project funds are made a ailable only for eli11l>le ''Tramportalion Enhancement Page I of23 .. • t .. • • Activities", as defined in § 23 U.S .C. § lOl(a), and this contract provides for the performance by the Local Agency of a project for an eligible Transportation Enhancement Activity. 5. Pursuant to§ 43-1-223, C .R.S . and to applicable portions of the federal provisions, the State is responsible for the general administration and supervision of performance of projects in the program, including the administration of federal funds for a program project performed by a local agency under a contract with the State. 6 . The Local Agency has requested that a certain local highway project be funded as part of the program as a Transportation Enhancement Activity, and the Local Agency Represents that the project is an eligible Transportation Enhancement Activity as defined in 23 U.S.C. § 1 Ol(a), and by the date of execution of this contract the Local Agency (and/or the State) bas completed and submitted a preliminary version of COOT form #463 describing the general nature of that project work. The Local Agency understands that, before the project work is actually started, the description of the project work in that COOT form #463 will likely be revised as a result of design changes made by COOT, in conjunction and coordination with the Local Agency, in its internal review process . The Local Agency desires to agree to perform the project work as described in the Form #463, as it may be revised in that Process. 7. Federal-aid funds have been made available for project, STE M395-008 for coostiuction of new sidewalks on US 285 (Hampden Avenue) Clarkson Street to Old Hampden. u more specifically described in Exhibit A (the Form #463 and/or a "Scope of. wort;, in, Englewood; Colorado, hereinafter referred to as "the project" or "the work". 8. The matching ratio for this federal-aid project is 80% federal-aid funds to 20% Local Agency funds, it being understood that such ratio applies only to such costs u ue eligil>le for federal partici pation, it being furth er understood that all non-participating costs shall be borne by the Local Agen cy at 100%. 9 . The Local A gency d esires to comply w ith the federal provisions and other applicable requirements, includin g the State's general administration and supervision of the project through this contrac t , in order to obtain federal funds for the projecl 10 . The Loc al Agency has estimated the total cost of the Work and is prqmcd to provide its match share of the co st, as evi denc ed by an appropriate ordinance or rcsolution duly passed and adopted by th e a uthorized representati ves of the Local Agency, which expressly authorizes the Page 2 of23 .:., .. .. • • Local Agency to enter into this contract and to expend its match share of the Work. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 11. This contract is executed under the authority of §§ 29-1-203, 43-1-110, 43-1-116, 43-2-101 (4Xc) and 43-2-144, C.R.S., as amended, and the Local Agency ordinance/resolution. 12. The parties hereto desire to agree upon the division of responsibilities with regard to the project. 13. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 14. The State certifies that such work c~ be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: I. STANDARD FORM CONTRACT This is a standard form contract that is designed to efficiently contract for and administer 2 types of program projects: 1) program projects which include the same basic work elements ( design; construction; construction administration by local agency; right-of-way; utilities; etc.); and, also, 2) program projects with specific differences in those basic wort elamenta ~ a apccific project may include design but no construction, or it may include design and constnJction but the State will do the construction administration, etc.) The fonn contract accommodates both types of projects by using qualifying language to condition the application of particular contract requirements, based on whether . specific work elements are included in the project. For instance, where the contract provides ... "If the Work includes engineering/design services, the Local Agency shall perform the following requirements ... ", the Local Agency need pcrfonn those requirements only if engineering/design services are expressly included in the project, as defined in the Scope of Work. (Convenely, notwithstanding that language is in the contract, the Local Agency can ignore those •requirements" if engineering/design services arc NOT expressly included in the Scope of Work.) Page 3 of23 ... -· .. • t • The Local Agency shall interpret such qualifying language in that manner. By using such language, the form contract can apply to both the general and the specific types of projects, thus making it easier to administer and saving the State and the Local Agency time and expense. II . PROJECT DESCRIPTION "The project" or "the Work" under this contract shall consist of construction of new sidewalks on US 285 (Hampden Avenue) Clarkson Street to Old Hampden, in Englewood, Colorado, as more specifically described in Exhibit A, attached hereto and made a part hereof (the Form #463 and/or a "Scope of Work") as it may be revised by the parties in the design review process before the project work is actually started. m. INCORPORATION BY REFERENCE All federal and state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that arc specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorporated herein by this reference as terms and conditions of this contract as though fully set forth. IV. WORK RESPONSIBILlTY The Local Agency shall be responsible to perform the Work, and the Local Ageooy shall comply with all applicable terms and conditions of this contract in performing the Work, including those process and task responsibilities and standards as specifically indicated in the Pre-Construction and Construction Administration Checklists attached hereto and made a part hereof. The responsible party shall perform all such tasks in accordance with applicable requirements and standards , including those in this contract and in applicable law. V . PROJECT FUNDING PROVISIONS The funding provisions for the project arc attached hereto and incorporated herein u Exhibit C. Page4 of23 ' • • VI . TRANSPORTATION ENHANCEMENT ADVANCE PAYMENT PROVISIONS The advance payment provisions described herein shall apply only to a percentage of the construction work portion of an enhancement project, u described below. Payment for all other work portions of the Project, including for the design work, shall be on a reimbursement basis, as described below. A. Pursuant to FHWA's approval under 23 U.S .C . § 133(e)(3)(B), the State will provide an advance payment up to a maximum percentage of the total amount for the construction portion of transportation enhancement project activities, in accord with the following procedures. 1. the State will provide advance payment to the Local Agency of 700/o of the federal funds budgeted and available for the construction of this transportation enhancement project, in accord with 23 U.S.C. § 133(e)(3)(B and as described herein. 2. the Local Agency shall submit the following to the State rcprcscntative identified in section VII, after execution of this Contract: a) a financial statement for the construction of the project; and b) an invoice for advance payment of 700/o of the federal funds budgeted and available for the construction of the project. 3. After receipt of such statement and invoice, the State will issue a wmant to the Local Agency in the amount of the approved advance payment of construction project funds, subject however to the prior performance of the following: A) the satisfactory completion of the design of the project; B) the State approving the Local Agency's construction contract; and C) the State issuing to the Local Agency a Notice To Proceed with the construction of the proj~t. 4. the advanced funds shall be used by the local agency only for the performance of the construction work of the project. Upon receipt of the notice to proceed from the State, the Local Agency shall proceed expeditiously to start the construction work and prosecute it diligently to completion. If for any reason the local agency does not start the construction work within 120 days of receipt of the notice to proceed, or if the Local Agency starts the construction work but discontinuca or Page S of23 t .. .. • • 5. abandons performance before completion, the Local Agency shall remit to the State all federal funds reimbursed or advanced by the State for the project not later than 30 days after the 120th day, or after the date the Local Agency discontinues/abandons performance, as applicable. When the Project construction work is completed, the Local Agency shall submit to the State all required paperwork for that construction work, together with a final statement of costs for that construction work and a billing for the remaining 300/o of the federal funds budgeted and available for the Project construction work. The State shall not reimburse the Local Agency the remaining 300.4. of the construction work costs until the State has reviewed the billings and has inspected the completed project construction work, subject to the terms and conditions of this contract. B . Except as provided in A. above, the State will reimbune the Local Agency for the federal-aid share of the project design, and other work following the State's review and approval of such charges, subject to the terms and conditions of this contract. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the design, and work portions of the project. Provided, however, that charges incurred by the Local Agency prior to the date of FHW A authorization for the project and prior to the date this contract is executed by the State Controller or his designee will not be charged by the Local Agency to the project, and will not be reimbuned by the State, absent specific FHW A and/or State Controller approval thereof. C . The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in Title 49, Code of Federal Regulations, Part 18 (the "Common Rule"), Subpart C ("Financial Administration''), including 49 C.F.R. 18.22, shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles . To be eligible for reimbursement, costs by the Local Agency shall be: I . in accordance with the provisions of Exhibit C and with the terms and conditions of the contract. Page 6 of23 ' .• • • 2. necessary for accomplishment of the Work. 3. reasonable in lllllount for the goods and services provided. 4. actual net cost to the Local Agency (i.e., the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred). 5. incurred for Work performed subsequent to the effective date of this contract 6. satisfactorily documented. D. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. I . All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart ~m all other such documents. E . Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHW A approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Exhibit C. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be Page 7 of23 t .. • • agreed in writing. In the event that federal-aid project funds remain available for payment. the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract. or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. F. If the Local Agency is to be billed for COOT incurred direct costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 45 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund ( 400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 45 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. G . The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof as Exhibit D. Page 8 of23 ' .. • ' ' •. .. (' • • H. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by the State within 60 days after the end of the contract tenn. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit 3. Incorrect payments to the Local Agency due to omission, error, fraud, or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under the Common Rule shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. VII . STA TE COMMITMENTS A . The State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly, Denver, Co 80222, (303) 7S7-94S9. Said Region Director will also be responsible for coordinating the State's activities under this contract Said Region Director will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work . All communication relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 6 and the Local Agency. Until changed by notice in writing, all routine correspondence shall be addressed as follows : Page 9 of23 t .. Ifto State: Reza Akhavan COOT Region 6 2000 South Holly Denver, Co 80222 (303) 757-9881 If to the Local Agency: Dave Henderson City of Englewood Public Works Department 1000 Englewood Padcway Englewood, CO 80ll0 (303) 762-2506 B. The State will advance/reimburse the Local Agency for the federal-aid share of the project charges, as provided in Exhibit C. C. If the Work includes construction, the State, at its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines arc necessary to assure compliance with State uid FHW A requirements. D . The State will perform a final project inspection prior to project acceptance u a Quality ControVAssurance activity. When all project work has been satisfactorily completed, the State will sign the FHWA form 1212. VIII. LOCAL AGENCY COMMITMENTS A. DESIGN. I. If "the Work" includes preliminary design, or final design ( Lk.L "construction plans"), or design work sheets, or special provisions and estimates (collectively referred to u "the Plans"), the party that is responsible under Section IV (either the Local Agency or the State) for the Plans\design shall comply with the following requirements, u applicable: 1. perform or provide the Plans, to the extent required by the nature of the Work. 2. prepare final design ("construction plans") in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual. 3. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. Page 10 of23 • • .. 5. stamp the Plans produced by a Colorado Registered Professional Engineer. 6. provide final assembly of the Plans and contract documents. 7. be responsible for the Plans being accurate and complete. 8. Make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. II. If the Local Agency is the responsible party: 1. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans as directed by the State to comply with FHW A requirements. 2. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are to participate in the cost of such work to be done by a consultant, the Local Agency shall ensure that its procurement of that consultant contract (and the performance/provision of the Plans under that contract) complies with all applicable requirements ofTitle 23, Code ofFederal Regulations (CFR), Part 172, (concerning the Administration of Engineering and Design Related Service Contracts), and with any procedures implementing those requirements as provided by the State, including those described in Attachment #1, which is incorporated herein by this reference. Those requirements and procedures include, without limitation: a) it shall (or its contractor shall) submit any consultant subcontract to COOT for approval prior to its execution by the Local Agency/~ontractor, as required by § 172 .5 (d); b) it shall ensure that all changes in the consultant contract shall be by written supplemental agreement and must have prior approval of the State and FHW A As soon as the contract with the consultant hu been awuded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall be similarly submitted; Page 11 of23 • • c) it shall require that all consultant billings under that contract shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto as Attachment 2; d) it shall (or its contractor shall) also use the COOT procedmes as described in Attachment #1 to administer that design consultant subcontract, to comply with § 172.S(b) and (d); e) it may expedite any COOT approval of its procurement process and/or of its consultant contract by submitting a letter to COOT ftom the Local Agency's attorney and/or authorized representative certifying compliance with those COOT Attachment # 1 procedures and with the requirements of§ 172.S(b) and ( d). f) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36 (i) and contains the required provisions as well as the following language which shall be included verbatim: 1) "The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project The State is an intended thud party beneficiary of this contract for that purpose." 2) "Upon advertisement of the project work for construction. the consultant shall make available servi es as requested by the State to assist the State in the evaluation of cons~ction and the resolution of construction problems that may arise during the construction of the project." 3) 'The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication., "Standard Specifications for Road and Bridge Construction", in connection with this work ." Page 12 of23 ' • • B . I. II. CONSTRUCTION . If "the Work" includes construction, the party that is responsible undt..'I' Section for the construction/construction administration IV (either the Local Agency or the State) shall perform the construction in accordance with the approved design plans and/or administs- the construction all in accord with the project's Pre-construction and Construction Contract Administration Checklists. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving. and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; construction supervision; and. meeting the Quality Control (QC) requirements of the FHW NState stewardship program. all as more fully described in the project's Pre-construction and Contract Administration Checklists. If the Local Agency is the responsible party, it shall: I . appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and applicable State procedures. The LAPE may be an employee of the Local Agency or may be a consultant If the LAPE is an employee of the Local Agency, the LAPE shall be in responsible charge of the construction of the project (as provided in § 12-25-102 C.R.S. as amended), notwithstanding any exception described in § 12-25-103, C.R.S., as amended . 2. if bids are to be let for the construction of the project, the Local Agency shall in conjunction with the State advertise the call for bids and upon concurrence by the State award the construction contract(s) to the low responsive, responsible bidder(s). a) In advertising and awarding the bid for the construction of a federal-aid project, the Local Agency shall comply with applicable requirements of23 U.S.C. § 112 and 23 C .F .R. § § 633 and 635 . Those requirements include. without Page 13 of23 • t .. : ,I • • limitation, that the Local Agency/Contractor shall physically incorporate the entire "Form 1273" (which, if relevant to this contract, is attached) verbatim into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102(e). b) The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later.) c) By indicating its concurrence in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project.) 3. if all or part of the construction worlc is to be accomplished by Local Agency personnel ~ by "force account"), rather than by a contractor pursuant to a contract with the Local Agency, the Local Agency will ensure that all such force account work is accomplished in · accordance with the pertinent State · specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Force Account Construction". a) Such work will normally be based upon estimated quantities and fum unit prices agreed to between the Local Agency, the State and the FHW A in advance of the Work, as provided for in § 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. b) An alternative to (a) is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs arc used, eligibility of cost items shall be evaluated for compliance with Federal 'Acquisition Regulations (FAR), 48 C .F .R. Part 31. Page 14 of23 .. ' .. . . t • • C. c) Rental rates for publicly owned equipment will be determined in accordance with § 109.04 of the State's "Standard Specifications for Road and Bridge Construction". d) All force account work shall have prior approval of the State and/or FHW A and shall not be initiated until the State has issued a written notice to proceed. ROW ACOUISITION/RELOCA TION. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. D. UTILITIES. E. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. RAILROADS . 1n the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the Work is to be accomplished by railroad company forces, the Local Agency shall make timely application to the State Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 Code of Federal Regulations 646, Subpart B, concerning federal-aid projects involving railroad facilities, including: l . Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2 . Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. Page 15 of23 ·~ -"' • .. .. ' • • ·- • F. G. I. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 1. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. ENVIRONMENT AL. The Local Agency shall perform all work in accord with the requirements of current federal and state environmental regulation, including the National Environmental Policy Act of 1969 (NEPA) as applicable. RECORD KEEPING. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. II. The Local Agency shall, during all phases of the Work, permit duly authorized agents and H. I. employees of the State and the FHW A to inspect the project and to inspect, review and audit the project records. MAINTENANCE. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHW A, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State and FHW A will make periodic inspections of the project to verify that such improvements are being adequately maintained. FEDERAL REQUIREMENTS. The Local Agency/Contractor shall at all times during the execution of this contract strictly adh ere to, and comply with, all applicable federal and state laws, and their Page 16 of23 . ,•J . ' • t • J. implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. The contractor shall also require compliance with these statutes and ·regulations in subgrant agreements permitted under this contract. A listing of some of the federal and state laws that may be applicable, depending on the Local Agency/Contractor work responsibilities under this contract, are described in ADDENDUM A. DBE REQUIREMENTS The Local Agency will comply with the requirements of Appendix B and the Construction Contract Administration Checklist regarding DBE requirements for the work, except if the Local Agency desires to use its own DBE Program to implement ~d administer the DBE provisions of Title 49 CFR Part 23 under this contract, it must submit a copy of its program's requirements to COOT for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE Program and its use of that Program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes. without limitation, determinations concerning DBE eligibility and certification, adequate legal and factual bases for DBE goals, and good faith efforts.. COOT approval (if any) of the Local Agency's DBE Program does not waive or modify the sole responsibility of the Local Agency for its use u descn'bed above. K. LOCAL AGENCY FUNDS The Local Agency shall provide its match share and indirect cost funds for the work as outlined in Exhibit C . IX . , GENERAL PROVISIONS A. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the Work of this contract. B. If the Work involves construction, the State shall have the authority to suspend the Work, wholly or in part, by gi ving written noti ce thereof to the Local Agency, due to the failure P age 17 of 23 • t • • C. of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. This contract may be tenninated as follows: 1. Tennination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements. or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate . In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to received just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payment advanced under the provisions of this contract Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained ,by the State by virtue of any breach of the contract by the Local Agency. It shall be growids for the State to terminate this contract for cause, if after a period of two (2) years from the date of this contract, the Local Agency fails to substantially prosecute the work outlined in the contract. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and ; obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Page 18 o f 23 ' .. .. • • 2. 3. Tennination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of funds under the contract would no longer be served by completion of the project The State shall effect such termination by giving written notice· of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid., reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. D. Notwithstanding anything herein to the contrary, the parties understand and agree that all tenns and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such tennination date and shall be enforceable by the State as provided ha-ein in the event of such failure to perform or comply by the Local Agency. E. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. F. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or bor.ome inoperative for any reason, such invalidity or failure shall not affect the validity of any Page 19 of23 • • 0 0. other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. G. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. H. Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. I. The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. Toe Local Agency's further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. J. This contract shall become "effective" only upon the date it is executed by the State Controller, or designee. The term of this contract shall begin on the date first written above and shall continue through the completion and final acceptance of this project by the State, FHW A and Local Agency. K. Attachment LO (Certification for Federal-Aid Contracts), and Appendix B (DBE requirements) and Addendum B, Contract Modification Tools attached hereto are hereby made a part of this contract. The Local Agency shall comply with all applicable terms and conditions of such attachments. L. M . If a conflict occurs between the provisions of this contract proper and the attachments hereto , the priority to be used to resolve such a conflict shall be as follows : 1. 2. 3. This contract proper; and The attachments enumerated in Section IX, paragraph K, above Other contract exhibits and attachments, in descending order of their attachment. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly Page 20 of23 .. ' . .. • • reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. N . The Local Agency assures and guarantees that it possesses the legal authority to enter into this contract. The Local Agency wammts that it has taken all actions required by its procedures, by-Jaws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its tenns. The person(s) executing this contract on behalf of the Local Agency wmants that they have full authorization to execute this contract Page 21 of23 0 XI. SPECIAL PROVISIONS (Revised 06/2003) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) 1bis contract shal not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (S.S) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indenmify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its ·employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, cxprcsa or implied, of any of the immunities, rights, benefits, protection, or other provisions for the panics, of the Colorado Governmental Inummity Act, CRS 24-10-10 I ct seq. or the Federal Tort Claims Act, 28 U .S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 lliE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT COml!.ACTOR AND NOT AS AN EMPLOYEE. NEllliER lliE CONTilACTOR NOR ANY AGENT OR EMPLOYEE OF 1liE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF lliE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STA'lll PURSUANT TO lliIS CONTilACT. CONTilACTOR ACKNOWLEDGES lliA T lliE CONTRACTOR AND ITS EMPLOYEES ARE NOT l!NTill..ED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS nil! CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND lliAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CON11tACTOR SHALL HAVE NO AUlliORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, UABIUTY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORIB HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVLDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. S. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimiliation and unfair 'employment practices. 6.CHOICEOFLAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by rcfcrcncc, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by rcfcrcncc which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules,'and regulations that have been or may hereafter be established. 7 . SOITW ARE PIRACY PROHIBITION GOVERNOR'S EXECUTIVE ORDER. No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor bcrcby cenifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to preve nt such improper use of public funds . If the State detennines that the Cont."actor is in violation of this parapph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate tennination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions . 8.EMPLO\'EE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge , no employee of the State of Colorado has any pcrsvnal or beneficial interest whatsoever in the service or property described herein. Page 22 of23 t• ' • • THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: CITY QF ENGLEWOOD LEGAL NAME OF CONTRACTING ENTITY 84-6000583 SOCIAL SECURITY NUMBER OR FEIN SIGNA nJR.E OF AUTHORIZED OFFICER PRINT NAME & TITLE OF AUTHORIZED OFFICER CORPORATIONS: (A COR.POR.ATE SEAL ORAITESTATION IS R.EQUIR.ED .) STATE OF COLORADO: Bil..LOWENS GOVERNOR BY ___________ _ FOR. EXECUTIVE DIR.ECTOR. DEPARTMENT OF TRANSPORTATION LEGAL REVO:W: KEN SALAZAR ATTORNEY GENltllAL BY __________ _ ATTEST(SEAL)BY ____________________ _ (CORPORATE SECRETARY OR. EQUIVALENT, OR TOWN/CITY/COUN'IY CLEllK.) ALL CONTRACTS MUST BE APPROVED BY THE STATE CQNTROJ I P I CRS 24-30-202 requires that the State Controller approve aU lltate coatractl. TIiis co.atract II aot valid until the State Controller, or such assistant as he may delepte, has •laaed It. ne c:oatractor II aot authorized to begin performance until the contract ls slped ud dated below. If perfonauce bepu prior to the date below, the State of Colorado may not be obllpted to pay for tile 1oocb ud/or services provided. STATE CONTROLLER ARTHUR L. BARNHART BY ____________ ~ DATE ____________ _ Page 23 of23 REVISED: 11/lJOl ... -- Col~rado Department of Tran1portallon Origin Date : 01/30/2003 Project code: 14414 STIP number: OR5817 DESIGN DATA ReviH Date: Project number. S'TE M39S-008 PED...._r,..,. PED.....,_,..,,,....,_ QMetrlc 01!ngll1h Revlalon I : Page 1 Region: 06 Status : • preliminary Qflnal Qrevtnd Project dllacrtpllon:US 285 : CLARKSON -OLD HAMPDEN Prepared by: Revised by: HENDERSON County1 : Arapahoe County2: 1Counly3: Date: 01/24/2003 Date: Munlcipallty: EnaJewood Submitted by Proj.Mgr Approved by Praconstructlon E~ System code: Q IM QNHS • STP Q OTHER Oversight: • COOT QFHWA Q OTHER Date : 01/24/2003 Planned lenglh : 0.5 ' Geogfaphlc location: North side of US-285 (Hampden) from Clarkson cut to Old Hampden ... .. T erTaln tvoe: Q Level 0 P1alnl 0 Rollng • Urban O Mountainous Descr1pllon ol propoHd conetructlolwnp (lllllleh map ehowklg alte location) inslall continuous S' sidewalk along the north llidc of US-285, including handicap ramps . Install new lipiting. UTrafflc (Note: UH columns A. B, and/or C lo Identify tacaty dllecrtbed below) Cunenl year: 2003 Fut ... yer. 2025 ------F-..,locallon Facility ADT DHV DHV'!r.truob ADT DHV lndun1al Commen:lal RNldenllal Ohr A US-285 (Hampden) -~ ! ~ 8 -D ~ ~ C I I flRdwyClass Roule Relpt l!nclralpl Funcllonal cllNllloallon l'aallltytp Ruraloocle 1. 2850 260.7 261 .2 Principal Arterial Freeway 50,000 -199,999 2. 3. De1lgn Standard1 (Identify substandard llllms with a checlunlllk In 1st column and clarify In rwnlllkl) A• US-285 (Hampden) B• c- Standanl Eldlllng PropoHd Ultlmale Standanl Eldltlng Propc,Hd Ul1lrnate Standard Emtlng PropoHd Ul1lmatll D SurfacelvDa D Typical section type 8 II of travel lanes Width ol travel lanes D Shoulder wd . nJmedian 0 Shoulder wd rtJoutslde 0 Side slope dist. ('z') D Median width 0 Posted speed D Des ign speed D Max. superelevation D Min . radius D Min . horizontal ssd 0 D Min . vertical ssd D Max. grade • • Project under O 1 R Q 3R Q 4R • Other. AASIITO criteria Emling guardrall mNII cUff9l1I standards : Q YN 0No . Variance In minimum design standards required O Yu O No 0 Safety project Commenll : j O Justification attached R Request to be submitted Not all 1tandatdl NI A (Sldev.·allt only) 0 Bridge (see Item 4) See remarks addresnd : XHIBIT A, Page__l__ of~ ~. construction Resurfaci ng projects n Recommendati on s conc erning safety aspec1S attached COOT,-Ma 7131101 Page 2 . Project Code: 14414 I Project Number: STE M395-008 I Revtae Date: a-Ma)or Structurn - ~to ata~, Roto be ,.,,,.,.od, P""""'°"od new atruc:turw I Standard Struc:ture Horizontal Vertical Year ., __ ,, __ , ..... I ,_ ..... laaf D..i..t ~-~ .. --Width ........ --~ Clearance Clearance Built Proposed treatment of bridges to remain In place (address bridge rail , capacity, and llllowllble aUlface thlckneaa) ' II Profec:t Chanlctertat1ca (proposed) Medan type : 0 deprwaed O painted O raised Qnone ~ ILJahtlna 7 H•rvt,,.an ramDa lTrafllc conlrol olnnala ns- .· .. .. ~ Curb and gutter Curbonlv I Le11-1um 11o1a I · 1 con11nuou1 width. I~ Sidewalk width • 5 Ft. Blk-widlh• ] l>lnht.tu,n llola r 1 con11nuoua Wtdlll • P•rldn<t ~ width • Detours sinn..n-r 1canatruc11on I "' Landscape requirementa: (deacrlption) Other: (deecrlpllon) llfl Right of Wey v. No Est.No. UlllltlN (list ,__ of known ullllty companlaa) ROW and'or perm . ~ raquired : 0 • ' Xcel Energy -ps opcnllons & elecuic disuibutioo, Qwest. Relocation required : 0 • AT&T Broadband, Sheridan Sanitation, 0m-w-. Temporary ........,,t required: • 0 TBD Denver Wutewaler Mpn1 ., EnaJewood W-.er & Sanitation Changes In acceu: 0 • Changes to conn«ting roads : 0 • Iii Railroad croulnga • of aosstngs: ~ Railroad Name required p--Concl1lon of...._ ., 1 LJ 2 D 3 D 4 D Recommendations : QEnvlronmentsl Type: CE Programmatic Categorical Exclusion I : 23 CFR n1.111 paragraph (C) (3) 128 lnltl&~on Data:02/03/2003 Revision Date : Clearance Action Date : Commenls: ' ~ Coordi nation · Withdrawn lands (power sites, reseM>lrs , etc .) cleared tlvough BLM forest service office I Irrigation ditch rwne: New traffic ordinance requ ired I I Modify schedule of elCisting ordinance I~ Other. W Construction method noAdReason: 0 Design Q Local F/A Entity/Agency contact rwne: EnaJewood / Dave Hendenon Advertised by: 0 Slate Q P.O . Q FIR F/A • Local Q Study 0 Utlll1y F/A Phone number: (303) 762-2506 0 None Q COOTF/A O Mlacellaneoua • • laR•marka (Include additional pagus K needed) EXHIBIT A, Page 2 of 6 Orlgll':.al to: Central Illes CoplH to: Region Flies, Region Env. Manager, Stall Oe.ign Branch (QA), PMO, FIOW , !lta'I Bridge o, where approp11at8 • (J I. £:YHIBIT C FUNDING PROVISIONS A. T he Local Agency has estimated the total cost the Work to be $371,250.00 which is to be f .Jed as follows: BUDGETED FUNDS a. Federal Funds (80% of Participating Costs) b. Local Agency Matching Funds (20% of P;,rticipating Costs) Local Agency Matching for COOT - c. Incurred Non-Participating Costs (Including Non-Participating Indirects) OTAL BUDGETED FUNDS 2 ESTIMATr.o COOT-INCURRED COSTS a. Federal S'"ire (80% of P.;rticipating Costs) b. Local Sha re Local t '.:~'lcy Share of Participating Costs Non-Participating Costs (Including Non- Participat '~g Indirects) Estimat ed 10 be Billed to Local Agency $0.00 $0.00 TOTAL ESTIMATED COOT-INCURRED COSTS 3 ESTIMAT'7 0 PAYMENT TO LOCAL AGENCY a. Federal Ftm ds Budgeted (1a) $297,000. $74,250. $0. $371 250. $0. $0. b . Less Esti · 1ted Federal Share of COOT-Incurred Costs (2a) $297,000. $0. TOTAL ES TIMATED PAYMENT TO LOCAL AGENCY FOR COOT ENCUMBRANCE PURPOSES Totc'I I E.,cumbrance Amount ($297,000.00 divide d L / 80%) l. "SS ROW Ac uisition 3111 .---N-e-l -I ·e encumbered as follows : Exh ibit C -Page 1 of2 $297 000. $371,250. $0 . $371 250. $0 . 3301 $371 250. ' .. ~ • • B . Tbe matchin Q r:itio for the federal participating funds for this project is 80% federal-aid funds (C f-DA #20 ~C'.,O ) to 20% Local Agency funds, it being understood that such ratio applies onl y to the S3 i 1,2 50 .00 that is eligible for federal participation, it being further understood that all non -p::r ti cipating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Werle exceeds $371,250.00, and additional federal funds are made available for the project, the Local Agency shall pay 200,4 of all such costs eligible for frd r•·al participation and 100% of all non-participating costs; if additional federal funtls are not 1 1ade available, the local agency shall pay all such excess costs. If the total participating cn~L of performance of the Work is less than $371,250.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described h rc i 1. The performance of the Worlc shall be at no cost to the State. C. T11e maximum amount payable to the Local Agency under this contract shall be $297,000.00 (Ft· r COOT m ·o unting purposes, the federal funds of $297,000.00 and local matching funds of S74,250.00 will be encumbered for a total encumbrance of $371,250.00), unless such amount is inm·.1 sed by an appropriate written modification to this contract executed before any increased cost is incurred . It is understood and agreed by the parties hereto that the total cost of the Wt :k stated hereinbefore is the best estimate available, hued on the design data as approved al th e time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Th e parti es h ere to agree that this contract is contingent upon all funds designated for the proj ect herei ·1 I eing made available from federal and/or state and/or Local Agency sources, as applicable . S'1o uld these sources, either federal or Local Agency, fail to provide necessuy fu c I, as agree d upon herein , the contract may be terminated by either party, provided that any par·. : ·1111inat i,g its interest and obligations herein shall not be relieved of any obligations wh :c h e::isted prior to the effective date of such termination or which may occur u a result of such tem ,ina•:on. Exhibit C -Page 2 of 2 • ' .. • • EXAMPLE A (Lump Sum Contracts) Exhibit D, Paae 1 of !I Company Name: Project No. Address: Project Location Employer (FEIN) ID Number: Subaccount No. ~ Invoice Number and Date: t Progress Report Dated: % Completed: (I) -CUrTent Billing Period: From: To: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL: (2) s ;• Total Billed to Date: s Less: Rctainage ( 10"/o of billing not to exceed 5% of contract) s " Less : Prior Payments: s -Prior Billing: S "' Leu Retainage: S s TOTAL CURRENT PAYMENT REQUEST: • s (% To date of DBE work: ) I certify that the billed amounts are in agreement with the contract terms : C". -·------~··· - ·~. C ompleted x Contract Total • Total Cum:nt Payment Reque1t • • (I ) X (2) -(•) Exhibit D -Page 1 of S .. EXAMPLE B (Cost Plus Fixed Fee Contracts) Exhibit D Patrc 2 of 5 Comnany Name : Project No. Address: c~ ,. Enmlover (FEIN) ID Number : Project Location Invoice Number and Date: ~ Pro1UeSS Renart Dated: Subaccount No. % Comoleted: BASIC AND/ OR SUPPLEMENT AL CONTRACT TOT AL s Prior Deriod Billin2 Amount: s - Cmrent Billin2 Period : From: To: DIRECT LABOR: (List Individually) Regular Direct Hourly Rate Overtime Cost Enmloyee Name Classification Hours s Houn• s Current This Period Total Amount to Date tontional) Subtotal -Direct Labor s s Indirect __ (%) (as specified in contract) s s OTHER DIRECT COSTS (In-House) List individually-at actual cost as in final cost proposal; mileage (miles XS), s s CADD (hrs. x $), eauin . rental <hrs. x $), etc. SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS) s s FEE(%) (As specified in the contract) s s OUTSIDE SERVICES (Subconsultants & Vendon) (List individually) s s IT o be in the same format -attach conies) % To Date on DBE Work s s Outside Services Management Expense (when applicable) s s TOTAL CURRENT PERIOD: s s TOTAL TO DATE : s s LESS : Retainage {10% ofbilling not to exc t,, of contract) s s LESS : Prior Payments s s Prior Billing$ Less Retainage S s s TOT AL CURRENT PAYMENT REQUEST s s , I certify that the billed amounts arc actual and in agreement with the contract terms : Signature iille Difi • • •Elig ible cl assifications only : in ac cordance with contract Exhibit D -Pap 2 of S EXAMPLE C (Soccific Rates of Pav Contracts) ~ Exhibit D. Pa2e 3 of 5 Company Name: Project No. Address: Enmloyer (FEIN) ID Number: Project Location Invoice Number and Date: Progress Renon Dated: Subaccount No. % Conmleted: BASIC AND/ OR SUPPLEMENT AL CONTRACT TOTAL .. s Prior Period Billirut Amount: s Current Billina Period: From; To: PAY RA TES: (List Individually) Regular Overtime Rates of Pay Cost Enmlovee Name Classification Houn Haun• $/Hours•• s SUBTOTAL-PAY RATES: s OTHER DIRECT COSTS (In-House) s List individually -at actual nttes u in final cost proposal; mileage (miles X S), CADD /hn. x S), emiin. rental fhn. x S). etc. s SUBTOTAL (Pay Rates and Other Direct Rates) OlITSIDE SERVICES (Subconsultantl & Vendora) (List individually) s <To be in the same format -attach cooies) % To Date on DBE Worlt s Outside Services Management Expense (when applicable) s TOTAL CURRENT PERIOD: s ' TOTAL TO DATE: s LESS : Retainage (100.4 of billing not to exceed 5% ofcontntct) s LESS :PriorPayments s Prior Billing S Leas Retainage S TOT AL CURRENT PAYMENT REQUEST s I cenify that the billed amowtts are actual and in agreement with the contntct terms : Signature Title Date "Eligible class ifications only· in accordance with contntct •• In accordance with contract • • Exhibit D -Paac 3 of s EXAMPLED (Local A2er.cv Billin&) Date Exhibit D Pa1e 4 of 5 S ECTION I. CONTRACT DA TA Local Agency: Project No. Address : Employer (FEIN) ID Number: -· Project Location Invoice Number and Date : ... % Completed: Subaccount No. BASIC AND/OR SUPPLEMENTAL CONTRACT TOT AL: $ Federal Share $ Local Agency Share s State Share$ ~ Prior Period Billing Amount: s Current Billin2 Period : From: To: SECTION II. INCURRED COSTS DIRECT LABOR: (List individually) Employee Classification Regular Direct Hourly Overtime Cost Name Houn Rates Homs• s Current Total to SUBTOTAL -DIRECT LABOR This Period Date BENEFITS ___ % OF DIRECT LABOR s s OTHER DIRECT COSTS (ln-Houae) $ s List individually-at actual 'COSt; Mileage (miles x $), CADD (hn. x $), s s Equip rental (hrs. x $), etc. OUTSIDE SERVICES (Consultants & Vendon) (List individually) (To be in this same format-$ s attach copies of invoices) . I TOTAL COSTS CURRENT PERIOD: s TOTAL COSTS TO DA TE: s SECTIO N Ill . ~ILLIN G TOTAL BI LLING CURRENT P ERJOD l__% O F TOT AL COSTS): $ Pr ior Bi ll ing: s I cenify that the billed amounts are actual and in agreement with the contract terms. • • Si20aturc Title Date .. •E1tg1blc class1 fi cauons only Ex hibit D -Page 4 of S .. EXAMPLE E (Fixed Multiplier Contracts) Exhibit D. Pue S of S Conmany Name : Project No. Address : Employer <FEIN) ID Nwnber : Project Location Invoice Number and Date : a Progress Renart Dated : Subaccount No . ~ % Conmleted : ~ BASIC AND I OR SUPPLEMENT AL CONTRACT TOT AL $ ·• Prior Period BillinR Amount: $ Current Billing Period: From: To : PAY RA TES : (List Individually) Regular Certified Fixed Cost Enmloyee Name Classification Hours Hourlv Rates Multinlier s t .. \;) SUBTOTAL-PAY RATES : s OTHER DIRECT COSTS (In-House) $ List individually -at actual rates as in final cost proposal ; mileage (miles X $), CADD <hn . x $), equip. rental (bra, x Sl. etc. $ SUBTOTAL (Pay Rates and Other Direct Rates) OUTSIDE SERVICES (Subconsultants & Vendon) (List individually) $ (To be in the same format -attach ~.nnies) % To Date on DBE Work $ Outside Services Management Expense (when applicable) s ,, TOTAL CURRENT PERIOD : s TOTAL TO DATE: s LESS : Rctainagc (10% of billing not to exceed 5% of contract) $ LESS : Prior Payments s Prior Billing S Less Retainagc S TOT AL CURRENT PAYMENT REQUEST s 1 cc nify that the billed amounts arc actual and in agreement with the contract tm1111 : Signature Title Date • • Exhibit D -Paac S of S ADDENDUM B: CONTRACT MODIFICATION TOOLS The Local Agency and the State may use a Funding Letter in order to more expeditiously change and amend the tenns of this contract, if such use is warranted by the circumstances as described and authorized therein. FUNDING LEITER. The state may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit E and bearing the approval of the State Controller or his designce. The fundina letter shall not be deemed valid until it shall have been approved ~y the State Controller or his designce. Addendum B -Pap 1 of 2 CJ. Exhibit E CO LO RADO DEPARTMENT OF TRANSPORTAT ION AUTHORITY : CONTRACT FUNDING INCREASE/DECREASE ANO APPROVAL LETTER State Controller Polley letter on June 12 , 1 996 Regi on : Complete section 1 and submit to COOT Controller's office. COOT Controller letter on Mav 23 1 996 (1 )Th i s form to be used for the following contracts /situations only (check the appropriate situation): _indefinite quantity, order more/add more _utlllty/rallroad, underestimated total cost _COOT construction, sum of CMO's _LA construction, underesti mated cost COOT construction underestimated total cost COOT consultant underestimated cost ' SECTION 1 (Region use) Date : (2) Proiect code (3) t To : COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project# (4) From : I Office : (5) Phone# (5) FAX# (5) Reaion # (5) ... .. .. COOT has executed a contract with : (6) Address : (6) FEIN# (6) Contract routing # (7) COFRS oncumbrance I Clndlcal• PO , SC or PC 4') (I) Fund Orgn . Appro . Prgrm. Fune. Object/Sub-obj N /P GBL Reporting Catg . ProJ/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) Original contract amount Has a Budget Request been processed to cover the contract amount Increase? S (10) ves no (14) Previous Funding Letter(s) total Preparer's name (1 5) S (11) (Fu nding .. tter 11 lhru f __J PHONE NO : Th i s Funding Letter total Contract Administrator's/Business Manager's Approval s (12) (16) (.t__J PHONE NO : Adj usted contract amount COOT Oeslgnee Approval S (13) (17) Local Agency approval (18) SECTION 2 (Con troller's Office use) (1 9) '1 Total allotment am ount Commiss i on budget s (19) $ (19) If cons truct i on: CE charges Indirect chgs Adjusted contract amount plus to~> CE & Ind irect _CE pool elig . (19) $ (19) $ (19) charges alculatlon S (1 9) • • • I have reviewed the financial status of the p roject , organ i zati on , grant and have determ i ned that sufficient funds are available to co~er th i s increase effective as of (19) State Controller or Delegee I Datt (20) (2 0) Addendum B -Page 2 of 2 • • COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. l STIP No . I Project Code I :eglon STE M395-006 DR5617 14414 Project Location I Date US265 : Clarkson. Old HamnriAn 01/09/03 ' Project Description Install sidewalks along north side of US-265 , Including handicap ramps and lighting Local Agency Local Agency Project Manager .. ..• Enalewood Dave Henderson COOT Resident Engineer COOT Project Manager Reza Akhavan Gary Huber INSTRUCTIONS: This checklist shall be utilized to estabUsh the contract administration responslblutles of the lndlvtdual parties ID this agreement. The checkHst becomes an attachment to the Local Agency agreement Section numbers correspond ID the appllcable chapters of the COOT Local Agency Manual. The checkHst shall be prepared by placing an "X" under the responsible party , opposite each of the tasks. The "X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected . When neither COOT nor the Local Agency Is responsible for a task, not appHcable (NA) shall be noted. In addition , a T will denote that COOT must concur or approve . Tasks that will be performed by Headquarters staff will be Indicated . The Regions, In accordance with estabUshed policies and procedures, will detennine who will perform all other tasks that are the _responslbllty of COOT. The checklist shall be prepared by the COOT Resident Engineer or the COOT Project Manager, In cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract adminlstlatlon reaponslbllitle change, the COOT Resident Enalneer In coooeration with the Local AnAN,v Proi..r.t Mananer wlD ............ and distribute a revised checldlsl RESPONSIBLE NO. DESCRIPTION OF TASK PARTY LA COOT TIP / STIP AND LONG-RANGE PLANS 2-1 Review to ensure con-.,,,,, with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4-1 Authorize funding by phases (COOT Form 418 • Federal-aid Program Data . Requires FHWA X concurrence/involvement) PROJECT DEVELOPMENT 5-1 Preoare Deslan Data • COOT Fonn 463 X 5-2 Prepare Local Aaencv/CDOT Inter-Governmental Aareement (see also Cnaoter 3) X 5-3 Conduct consultant selection/execute agreement X • 5-4 Conduct Desian Scooino Review meetino X 5-5 Conduct public Involvement X 5-6 Conduct Field lnsOACtinn Review X 5-7 Conduct environmental oroc-(may rt10UA FHWA ~\IOIVen-'I X • 5-6 Acauire riaht-of-wav tmav ...,u1r9 FHWA c:oncurrenc.llnvol--,11 X • 5-9 Obtain utility and ra ilroad agreements X l ' • • 5-10 Conduct Final Office Review X 5-11 Justifv force account work bv the Local Aoencv X 5-12 Justify oroorietary items X 5-13 Document desian exceotlons • COOT Fonn 464 X 5-14 Prepare plans soecifications and construc1ion cost estim ,.•ea X 5-15 Ensure authorization of funds X -. • 0 RESPONSIBLE NO . DESCRIPTION OF TASK PARTY LA COOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6·1 6·2 6-3 Set Underutilized Disadvantaged Business Enterprise (UBDE) goals for consultant and construction Contracts COOT R EEO/Civil R' ts s al ls! Determine al'!lllcablllty of Davia-Bacon Act This project D is 181 is not exempt from Davis-Bacon requ irements as determined by the functional classlflcatlon of the project location (Projects located on local roads and rural minor collectors may be exempt.) 0<2z.· %~-I-'1-o.3 Set On-th•Job Train ing goals. Goal la zero If total construction la less than $1 million (COOT R EEO/Civil tsS Hit Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Trai ning special provisions and FHWA Form 1273 are lnduded In the Contract COOT Resident of less than three weeks lflcatlons 1303} 762-2506 Local A enc Professional E lneer or Phone number X X X X X X X X X X X X X X X X X X X X X X X X X X CDOT Form 1243 07/02 l'..-J ol 4 p...,,._ edltlona .,. obaolele and may not be uaecl ' .. .. • • RESPONSIBLE • DESCRIPTION OF TASK PARTY LA COOT COOT Resident Enolneer Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the Dlans and Sr>Ar.lflcatians X Constructlan inspectlan and documentation X 8-5 Annrove shoo drawtnas X 8-6 Perform traffic control ins08Ctl0ns X 8-7 Perform construction survevtnn X 8-8 Monument r1oht-of-wav X 8-9 Prepare and approve Interim and final Contractor pay estimates X Provide the name and phone number of the person authorized for this task. Date,. l-let:1.de.-r-soa IJ!liU Z!l2-2~§ Local &nanrv Reoresentatlve Phone number 8-10 PreDar8 and aonrow, int8r1m aid final utiltv/ralroad _,, X 8-11 t'nlDllre Local ..,,..,,,,., reimblnement ...,,._,,. X 8-12 Preoara and authorize chanoe orders X 8-13 Aoorove al Cllanae orders X 8-14 Monitor om1ect ftnanclal status X 8-15 Preoare and submit manthlv oroaress nonorts X 8-16 Resolve Canlrac1or claims/,,..,,. des X 8-17 Conduct routine, random project reviews Provide the name and phone numbef of the person responslble for this task. X 1?~ZA A/5.!J.U.~4,/1 [.1c>,l2 "Z§.1=1.lll. COOT Resident Ena1neer Phone number MATERIALS 9 -1 Conduct Materials Preconstructlon INIMlrln X 9-2 COOT Fonn 250 • Materials DaCl.rnentlllla Reoord . Generate farm, which includes determining the mllWTIUITI number of required tests and X applicable material submlllals for al materials placed an the project . Update the form as work progl'8AM X . ComolelA and distribute form after work Is comoletad X 9-3 Perform oroiect accenlAnce samnlAA and tests X 9-4 Perform laboratory veriflcatian tests X 9-5 Accept manufactured products X Inspection of structural components: . Fabrication of structural steel and pre-stressed concrete structural components X . Bridge modular expansion devices (O" to s· or greater) NIA . F abricatlon of bearina devices NIA 9-6 Aoorove sources of materials X 9 .7 Independent Assurance Testing (IAn, Local Agency Procedures~ COOT Procedures U . Generate IA T schedule X . Schedule and provide no~fication X . Conduct IAT X 9-8 Approve m ix designs . Concrete X . Hot bituminous oavement X 9-9 Check final matenals documentation X 9-1 0 Comc>1ete and dlstnbule final materials documenlation I X COOT Form 1243 071112 l'age3 ol 4 p ,.,,iou. edltlonl -obaolell and MaY nae be UMd ' .. • • 3 CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10-1 F ulflll .....,._., bulletin board and oreconltructlon ..-.. ..,,ulremenll 10-2 COOT Form 205 -Sublet Permit AppUcatlon Revi-and algn completed COOT Form 205 for each subcontractor, end submit to EEO/Clvll Rlnhta Srw.lAll&t 10-3 Conduct employee Interviews. Complete COOT Form 280 -Equal Employment Opportunity and Labor Comollance Vertllcatlon 10-4 Monitor Disadvantaged Bualnen Enterprise participation to ensure compliance with the ·co ·· useful function" '*'uiremenla 10-5 Conduct trainee Interviews. Complete COOT Form 200 • OJT Training Queallonnalre when rvnla,,t IAlllzea on-tha.lnh ...._ 10-6 Check certified -(Conlac:t .. Raalorl EEOICMI D-.,_,.._ tor-·' 10-7 Submit FHWA Form 1391-Hln-Conltrucllon Contractor's Annual EEO ReDort FINALS 11-1 11-2 11-3 11-4 11-5 11.e 11-7 11.e 11-9 11-10 11-11 11-12 Conduct final proJec:t Inspection, and complel8 and 1wmlt COOT Form 1212 • Final , Report (Ralklenl era.-.. -1.oc11-par1c1pa1on.1 Wrle 1lnal ,,,,_,,, ...... AdYer1IN for flnal Nlllel,llnl Pnonare and dlatrlbull9 final A8-Conltructed Diana Check 11na1 .. ,.n11t1e1 11na1 -a the 11na1 ...... estimate Check rnal8r1al documentation a IUbmlt 11na1 mat1111a1 cer1ltk;alloii ,_ r.1111n1ar 91 Obtain COOT Form 17 • Conlnlctor DBE Payment Certlllcallon from the Conlact>r and IUbmlt ti the Reaiclent Enni.- Procel8 final """"""" Obtain FHWA Form 47 • S1atement of Materlall and Labor lJled ... from the Contractor and IUbmlt COOT Form 950 • .....,_ Cloaure Retain orolec1 l'IICOrdl for six -from dale of nm1ar,1 c:lolUre Retain ftnal veraion of thla c:hec:klllt and dlltrlbute ....- cc: COOT Resident Eng"-'Projec:t Manager COOT Region Program~ COOT Region EEOICMI Rlghll Spec:lali8t COOT Region Materialll EnglMa' COOT Contracts and Maltet Analyll8 Branch Local Agency Project Manager .. X X X X X X X ., X X X X X X X X X X X • X CDOT ,_ 1Ja 071112 ...... ol 4 Prwv'-eclllona -....... and.., not lie llNCI • A TI ACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172( d) state that, "When federal-aid highway funds participate in the contract a local shall uae the same procedures aa uaed by the State to administer contracts ... ". Therefore, local agencies must comply with this CFR requimnent and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by COOT. COOT bas formulated its procedures in Procedunl Directive (P .D .) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOl"s Agreemenll and Comultant Management Unit [Local agencies should have their own written procedures on file for each method of procurement that addressca the items in 23 CFR 172 .S(bXl-6)). Because the procedures and laws descnl>ed in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to COOT procedures that a local aaeucy ll'IISI follow in obtainin& professional consultant services . This guidance follows the format of 23 CFR 172. Tbe llepa are: I . The contracting local agency shall document the need for obtaining profeasional services. 2. 3. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of wort and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403 . Also, a detailed cost estimate should be prepared for uac during negotialiom. The contracting agency must advertise for contracu in conformity with the requirements of C.R.S. 24-30-140S . The public notice period, when such notice ii required, is a minimum of IS days prior IO the aelcction oftbe three most qualified fmns and the advertising should be done in one or more daily newspapcn of general circulation. 4 . The request for consultant services should include the scope of work, the evaluation facton and their relative importance, the method of payment, and the goal often percent (10%) Disadvantaged Buainesa Enterpriae (DBE) participation as a minimum for the project 5. The analysis and selection of the consultants should be done in accordance with C .R .S. 24-30-1403. Thia section o f the regulation identifies the criteria to be used in the evaluation of COOT pre-qualified prime consultant.a and th e ir team. It al so shows whi ch criteria are used to short-list and to make a final selection. The sh ort -list is based on the foll owing evaluation fac tors: a . Q ualifi ca tions, b . A pproach to the project, c . Ability to furn ish professional services . d . Antic ipa te d de sign concepts, and c. A lternat ive me th ods of approac h for furni shing the professional services. Eval uati on fac tors for fi nal se lect ion are the consultant's: a. A b ili ties of th eir perso nnel, b. Past pe rformance , c . Wi llin gness to meet the time and b ud ge t requirement, d . Location , e. Current and projected wo rk load, f. Volume of previously award ed contracts, and g . Involvement o f minority consul tants . Attac hment #1 -Page 1 of 2 .:., ..• .. ~· . . • ' .. • • Under 24-30-1401, cOIJ da•P PPS bs roPfldm4 u • factor IP Ulc ml11d9a o1 pro1m19pa1 cw,ttapc W!!m, 6 . Once a consultant is stlected, the local llfflCY enters ialo ncaotiatioas with the consultant to obcain a fair and reasonable price for the anticipated wort. Pre-neaotiation audiu arc prepared for cormacu expec1ed to be pater than SS0,000. Federal reimbunemcnl for costs arc limited to thole costs allowable under die cOII principJa of 41 CFR 3 I. Fixed fees (profn) are detmnined with c«-aidention pven to size, coq,lnity, duration, and depee of risk involved in the work . Profit is in tbe rmp of six (6) to fifteen (IS) percent of die total direct and indirect costs. 7. A qualified local apncy employ. shall be ,.._ible and in charp of tbe project to emme lbat tbe work bciDa punued is COD1>lete, accunle, ad _.. will! lbe lerml, coactitima, and apecific:atica oldie COlllnct. At die end of project, die local qency pnpera a perr-ewluatiora (a Cl>OT form is available) oa die c-itat. 8. Each of tbe steps tilled abc,ve ia IO be cloc--.1 • ICCCll'duce witb tbe povwm. of 49 CPR 11.42, wllicla provide for records IO be bpi al leall tine (J) ,-a 6'cm tbe dale tllat tbe local apncy ........ ill 1ml expenditure report. R~ of pojecta _. liliptioe sld be bpi al llul tine (J) yean aftm lbe c:aN Im beea scttJed. The C.JtS. 24-30-1401 ...... 24-J0.140I, 23 CPR Part tn, ad P.D . 400.1, provide~ detaiJI for clllllplyims with tho: eiaJit (I) neps JUII --'. l ·- FHWA-127l 8ec:trontcYerltOft -Mirth 10, 1"4 FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General................................................................. 1 II . Nondiscrimination.................................................. 1 Ill . Nonsegregated FaclllUe1....................................... 3 IV. Payment of Predetermined Minimum Wage .......... 3 V . Statements and Payrolls ....................................... 6 VI. Record of Materials, Supplies, and labor .............. 6 VII. Subletting or Assigning the Contract ..................... 7 VIII . Safety: Accident Pnt.,.ntion ................................. 7 IX. F alae Statements Concerning Highway Projects ... 7 X. lmplementallon of Clean Air Act and Federal Water Pollution Control Act ................................................... 8 XI. Ctlltlllcation Regarding Debarment, Suspension, Ineligibility, and Volunlary Exclusion ..................................... 8 XII . Certtflcalion Regarding Use of Contract Funds for Lobbying ................................................................................ 9 ATTACHMENTS A . Employment Pntfentnce for Appalachian Contracts (Included In Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all wort< performed on the contract by the contra ctor's own organization and with the assistance of wort<ers under the contr.actor's Immediate superintendence and to aK work pefformed on the contract by piecework . station wort<, or by subcontract. 2. Except as otherwise provided for In each section, the contractor shall Insert In each subcontract all of the stipulations contained In these Required Conlract Provlalonl, and further requ ire their inclusion in any lower lier suboonlract or purchaM order that may in tum be made . The Required Contract Provi- sions shall not be Incorporated by reference In any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions . 3. A breach of any of the stipulations contained In these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4 . A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided In 29 CFR 5.12: Section I, paragraph 2: Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5 . Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the U.!l. Depanment of Labor (DOL) as set forth In 29 CFR 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of Its subcontractors) and the contracting agency, the DOL , or the contractOl's employees or the ir representatives . 6. Selectlon of Labor. Ourtng the performance of this con- tract, the conlractor 1hlll not: a. discriminate llgainat labor from any other State, posseu!on, or tenttory of the United Stales (except for employment pmentnlll for Appalachian contracts, when applicable, u lpllClfled In Attachment A), or b. employ convict labor for any purpose within lhe llmlta of the project unlesl It II labor performed by convlcta who ant on parole, supe,vlMd rtleue, or probation . U. NONDISCRIMINATION (Appllcable to all Federal-aid conall'Uction contracts and to au nttated subcontracta of $10,000 or rnont.) 1. Equal Empl~nt Oppoltunlty: Equal employment opportunity (EEO) ntqulntmenlB not to dtscrlmlnalll and to take afllrmative action to auure equal opportunity u aet forth under laws, executlw Oldela, rules, ntgulalona (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and ordef1 of the Secretary of Labor u modllled by the p,ovtslona preaatbed herein, and lmpoaed pursuant to 23 U .S .C . 140 111111 conatitulll the EEO and specfflc: afllrmalNe action standards for the contractor's project activities under lhla contract. The Equal Opportunity Conalrucllon Contrac:t Speclllcallons aet forth under 41 CFR 60-4.3 and the provtalona of h Amellcan Dlublllties Act of 11191) (42 U.S.C. 1210111 llll-) NI forth under 28 CFR 35 and 29 CFR 1830 are lncorporatad by refel'llllOI In Ills contract. In lhe execution of 1h11 contracl. the contraclor agrNa to comply with the followlng minimum apeclftc requirement activlllee of EEO: a. The contraclor wll work with the State highway agency (SHA) and the Federal Government In canylng out EEO obllgallona end In their ntview of hlalher IICIMties under the contract. b . The contractor wUI accept u his operating policy the following statement ·11 Is the policy of this Company to usura that appllcanlB · are employed, and that employees are treated durtng employ!T*ll. without regard to their ralll, rellgion, MX, color, national origin , age or diublllty. Such action w• Include: empioymen~ upgrading, demotion, or tranafer; racrultment or recruitment advertising; layoff or termination; rates of pay or other forms of compenaallon; and aelection for training, lnctudlng app,enticelhlp, preaPPf911tlceshlp, and/or on-the-job training ." 2. EEO Officer: The contractor witt designate and make known to the SHA contrac:llng offlceta en EEO OIIIC8r who wll have the raponalbillty for end mull be capable of etr.dlvely administering and prolllt'ting en 1ct1Ye contrac1or program of EEO and who must be ullgned adequate authority and ntsponslbllity to do IO. 3. DlsHmlnatlon or Polley: All members al h contractor's staff who are authortzed to hire, supeMN. promote, and discharge ~. or wh<> l'8COll'IIT*'CI IUdl action, or who are substantially imlollled In IUdl ICllan, wll be Required by 23 CFR 633 102 Page 1 oflO .. t .. • • made fully ~t of. and wilt Implement, the contraclor's EEO p()icy and conlraelUal raspon~ to provide EEO In each grade and classfflcabon of employment. To ensure that the at>ova agreement ..,. ba met, the following actions wll ba taken as a minimum· a. Periodic: maellngs ol suparviso,y and personnel office employffs wilt ba conduCtad before Illa start of won and than not less often lhan once e.-y six monllla . at wlllch tima the con tractor's EEO policy and Its implementation wilt ba reviewed and e,cpla,nad . The mNlings will ba conduct.d by the EEO Officer . b . Alt new suparviso,y or personnal olllce employeas wll be given a t,o,oiq, Indoctrination by Iha EEO Olllcer, covering all major upacta al lhe connctcn EEO obligallonl wotllin thirty daya followlng their l9pOl1lng for duly with lhe contractor . c. All personnel who .. engaged in dlntcl ~ for Ille project will ba lnalnlctacl by Iha EEO Olllcar In Ille con tractor's p<oceduf" for localing and hiring minority group employees . d. Notices and poalln selling lorlll Iha conlractor's EEO Poli cy will ba placed In --ruclly accasalbla to emptoyaas, applicants for employment and potential amployNa. e. The contractor's EEO policy and Ille proceduras to Implement such policy wll ba bfought IO Iha attention of employees by me-of meetings, employM handbooks. or other approprlale me-. 4 . Rec:rultmanl: Whan adwrtislng for employees, Iha contractor will lnduda In al advaf1iMl'*1la tor a,nployNs the notation: "Alt Equal Oppor1unl1y Employer." All suc:11 adw<1isemanll will ba placed In publlcallona haYtng a large circulation among mlnortty groupe In lhe -Imm which the project won force would norma1y ba clertvad . a. The contractor wll, unlea precludecl by a valid bargalnlng agrNIM<lt, conduct systamatic and direct recruotmanr 1hrough public and privata amployN relen'al sou,ces flkely lo yield qualffiad minority group applicants . To meel this requoreman~ the contractor wll Identify IOUFC8I of pcrenlial minority group employees, and "tablllh wl1h suc:11 ldenbfied SOUl'CeS procedures whereby minority group applicants may ba referred to Ille contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providi ng for exclusive hiring hall referrals, he Is expected to observe the provisions of that agreement to the extent lhat the syslem perm its the contractor's compliance with EEO contract prov,sions. (The DOL has held that where ,mplementabon of such agreements have the effect of d,scnminanng against minorities or women , or obligates the contractor to do the same, such Implementation violates Execubve Order 11246, as amended .) c The contractor will encourage his present emptoyees to refer minority group appli cants fol' employment Information and procedures with rega rd to referring minority group applicants w,11 be discussed wi th employees . 5. Person ne l Actions: Wages , wori<lng condlllons , and emplo;ee benefits shall be establi shed and admin istered , and personnel actions of eve ry type , including hlrtng , upgrading, promobon, trans fer , demotion, layoff, and termination , ahaU ba taken Without regard to race. color, religion . sex , national 0 origin , age or disability. The following procedures shall be fottowed : a. The contractor wlll conduct partodlc Inspections of project sit" to Insure that working conditions and emptoyee facillllas do not Indicate discriminatory treatment of project site personnel. b. The contractor wtn pertodlcatly evaluate the spread of wages paid within aach ctuslflcaUon to determine any evidence of discrtmlnalOry wage practices . c. The contractor wll periodieally review selected personnel acttona In depth IO delennine whether thera Is evidence al dlscrtmlnation. Where evtdence Is found, Ille rontractor wit promptly tau conectlve action . If Ille review lndicalN that the dlsaimlnation may extend beyond the actions ,...,....._, such oorrectiva action shall Include 111 aflec1ad peqorw. d . The conlractor wll promptly Investigate al comptalnts of alleged dlsaimlnalion made lo Ile contractor in connection with his obligations under this contract, wit! attempt to resotve such complaints, and wll take appropriate correctlv8 action wllllln a. reasonable Ume . If Ille Investigation Indicates that tho discrimination may allect parsons other than the complainant. such COffllclMI action lhalt lndude such other persona. Upon completion of each Investigation, the contractor wllt Inform ~very complainant of d of his avenues of appeal. 6. Training and Promotion: a. The contractor wit! assist In locating, qualifying, and Increasing the sldla ol minority group and women employees, and applicants for employnw'il b. Conalstent with the contractor's work force requirements and u parmlalble under Federal and State regulallonl, the contractor shall make ful UM of training programs, I.e ., apprentlcuhlp, and OIHhe1()b training programs for the geographtcal ... ol contract performance . Where faalible, 25 percent of apprentices or train-In each occupation lhatl ba In their first year of apprenticeship o,: training . In the -t a special provision for training Is provided under this contract. this subparagraph wUI be superseded • Indicated In the apactal provision. c. The contractor wll advise employaas and applicants for employment of available tralnlng programs and entrance requirements for each . d. The contractor will pertodlcally review the 1ralnlng and promotion potential of minority group and women employees and will encourage eligible employees to apply for such train ing and promotion . 7. Unions: If the contractor reties In whole or In part upon unions as a source of employees , the contractor wiU use his/her best efforts to obtain the cooperation of such untons to Increase opportunities for minority groups and women within the unions , and to effect referrals by such unions of minority and female employea. Actions by the contractor ellher directly or through a contractor's association acting as agent wll Include the procedures set forth below: a. The contractor will use best ellorts to devatop, In cooperation with the unions , joint training programs aimed toward qualifying more minority group members and women fOf membership In the unions and Increasing the skills of minority group employee1 and women so that they may qualify for higher pa yi ng emptoymanl Required by 23 CFR 633.102 Page 2 of 10 ' • • b. The contractor will use best efforts to Incorporate an EEO clause into each union agreement lo the and that such union will be contractually bounCI to refw applicanta wtthou1 regard to their raoe , color, religion, sex. national origin, age or disability. c . The contractor la to obtain lnlonnalion as to the referral practicn and polk:lea cl 1h11 labor union except that to the extent such information Is wt1hin the excluslve poaesslon of the labor union and such labor union refu-lo furnish such information lo 1he contractor, the connctor shall so certify lo lhe SHA and lhall set forth what eflorta have been made lo obtain such information . d . In 1118 event Ille union la unable to provide the contractor with a rusonable flow ol minority and women ...... within ... time llnll NI forth In 1he collecllve bargaining ~t, the contractor win, lhrOugh independent reaultn.\t ellortl, M the employment vacancies wllhout rega,d lo race , color, Alilgion , sex, national origin, age or dlsabillty: making lul efforts to obtain quallled and/or quallflable minority group persons and women . (The DOL has held that It shall be no excuse that the union with which the c:ontraclor has a cahcilve bergalnlng agreement providing for udualve reflff8I failed to ref• minority employees.) In the event 1118 union ref9mll practice l)fevents the contractor from IMBting the obligations pursuant to Executive Ordw 11246, U amended , and thetle special provtslonl, such contractor wn Immediately notify the SHA. 8 . Selection of Subcontractors, Procurement of Materlal1 and Leaalng of Equipment: The contractor ahaU not dlscrirninalll on the grounds of raoe, color, religion, sex. national origin, age or dlublUty In the aelecUon and retention of subcontrac1ors, Including procurement of materials and teases ol equipment a. The contractor shall notify all potenUal subcontractora and suppllers cl his/her EEO obUgalions under this contract b. Disadvantaged business enterprises (DBE), as defined In 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor entera Into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractora with meaningful minority group and female representation among their emplcyees. Contractors shan obtain lists of DBE construction firms from SHA personnel. c . The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations . 9 . Record• and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shan be retained for a period of three years following completion of the contract work and shaU be available at reasonable times and places for Inspection by authorized representatives of the SHA and the FHWA. a. The reoords kept by the contractor shall document the following : , (1) The number of minority and non-minority group members and women employed In each work classification on the project; (2) The progress and efforts being made In cooperation with unions, when applicable , to Increase employment opportunities for minorities and women; (3) The progress and efforts being made in locaUng , hiring, training, quallfyfng, and upgrading minority and female employees ; and (4) The progress and efforts being made In securing the services of DBE subcontracton1 or subcontractors with meaningful minority and female representation among their employees. b. The contraclora will submit an annual report lo the SHA each July for the duration of the project, Indicating the number of minority, women , and non-minority group employees currently engaged In each work daulficallon required by 1he contract work. Thia Information la lo be reported on Form FHW A-13111 . If on-the Job training la being required by special provision, the contractor will be required to collect and report training data. Ill. NONSEGREGATED FACILITIES (Applicable to •" Federal-aid conatrucUon contracts and to all related subcontracts of $10,000 or more.) a. By aubmlsslon of thla bid, 1he execution cl this contract or subcontract, or 1he consummation of this malllrlal supply agreement or purch-order, u appropriata, the bidder, Federal-aid conatructlon contractor, 1Ubcon1ractor, material auppUer, or vendor, aa appropriate , certHIN that the finn clo8I not maintain or provide for Ila employeea any segregated facffitlel at any of Ila eatabliah"*1ta, and that the llnn clo8I not pennft Ila employees ID perform their MNlces at any locallon, under Its conlnll, where segregated fadllllea are maintained. The llnn •gr-that a breach of thla cer11ftcatlon la a vfolation cl the EEO provtstona of this contract The ftnn furtllw certltlN that no ~ wll be denied accau to adequate fadltlel on the baala of -or dllablllty. b. ,. UNd lri this '*1flc:ation, the l8rm "Mgl9gllled facllftlea" ,,_,. any walling IOO!l'l8, work -. restrooms and washrooms, restaurants and olher eating -· llmeclocka, lock• rooma, and other atarage or dreulng -· parking tots, drinking fountalna, rec:reation or en~ area, transportation, and housing fadltill pnMded tor employ9N which are aegregatad by expllclt cllnlclhw, or ... In lact, segregated on the baata of race , color, religion, national origin, age or dlaablllty, because of habit, local custom , or othelwlse. The only exception wtll be far the dlsabled when the demanda for acceaslblUty ovenkle (e.g. cllubled pa,1<lng). c . The contractor agrees that It haa obtained or will obtain identical certification flom proposed subcontradonl or material suppllers prior to award of subcontracts or consummation of material supply agreements of S10 ,000 or more and that It wtn retain such certifications In 11s illea. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Appllcable lo all Federal-aid construction contracts exceeding $2 ,000 and lo all related subcontracts, except for projects localed on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and taborerl empioylld or worklng upon the slta of the work wll be paid uncondltlonally and not ten oltan than once a weak and wl1houl subeequent deduction or rebata on any account (except such payn,11 decluc:tlonl u are permltlad by regulallona (211 CFR 3) luuad by the Secreta,y cl Labor under the Copeland Act (40 U.S .C. 276c)J the luff amounll cl wages and bona fide fringe benelltl (or Required by 23 CFR 633 .102 Page 3 of 10 ' .. • • cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not lesa than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (Including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the OOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and Its subcontractors at the site of the work In a prominent and accessible place where It can be easily seen by the WOl1<ers. For the purpose of this Section, contr1buUons made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provlaiona of Section IV, paragraph 3b, hereof. Aleo, for the purpoee of this Section, regular contrtbutions made or costs Incurred for more than a -kly penod (but not Ian often than quarterly) L.Wlder plans, funds, or programs, which cover the particular -kly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shau be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skHI , except as provided In paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work In more than one classification may be compensated at the rate specified for each classification for the time actually wor1<ed therein, provided, that the employer's payroll records accurately set forth the time spent In each classification In which work Is performed. c . All rulings and Interpretations of the Davis-Bacon Act and related acts contained In 29 CFR 1, 3, and 5 are herein Incorporated by reference In this contract. 2 . Clasalflcatlon: a. The SHA contracting officer shall requitw that any class of laborers or mechanics employed under the contract. which Is not listed In the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: ( 1 ) the work to be performed by the additlonal classification requested is not performed by a classification In the wage determination; (2) the additional classification Is utilized In the area by the construction Industry; (3) the proposed wage rate, including any bona fide fringe benefits , bears a reasonable relationship to the wage rates contai ned In the wage determination; and (4) wilh respect to helpers, when such a classification prevails In the area In which the work Is performed. c. II the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed In the additional c lassification or their representatives , and lhe contracting officer agree on the classification and wage n,te (Including the amount designated for fringe benefits where (J appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employmeni Standards Administration, Washington, O.C . 20210. The Wage and Hour Administrator, or an authorized representati\19, wiD approve, modify, or disapprove every additional classfflcatlon action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time Is necessary. d . In the ewnt the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed In the additional clasalflcation or their representatives, and the contracting officer do not agree on the proposed clasalflcatlon and wage r11te (Including the amount deslgn1ted for fringe beneflta, where appropriate), the contracting officer shall refer the q..atlona, lndudlng lhe views of all lntarated parties and the recommendation of the contracting olllcer, lo the Wage and Hour Administrator for detennlnatlon. Said Administrator, or an aulhoriDd repre1entaU.., wHI la-a detennlnatlon within 30 days of receipt and so advl9e the contracting ofllcer or will notify the contracting ofllcer wtthln the 30-day period that additional time Is necessary a. The wage rate (lndudlng fringe beneflll where approprlale) detarmined pursuant ID paragraph 2c or 2d of this Section IV shal be paid lo all WOlkers pedonnlng WOik In the additional claulflcatlon from the first day on which work la performed In the classlftcatlon. 3. Payment of Fringe Beneflta: a. Whenever the minimum wage rate prescribed In the contract for a Class of laborers or mechanics Includes a fringe beneftt which la not expressed as an hourly rale, the contractor or subcontractors, as app,oprtata, lhall either pay the benefit as staled In the wage detlnnlna1lon or Shall pay another bona fide fringe benefit or an houl1y case equivalent thereof. b. If "8 contractor or subcontractor, as appropriate, does not maka paYff*lts to a INstee or other third peraon, h8/slla may conalder as a part of the wages of any laborer or machanlc the amount of any coall reasonably anlidpatecf In pn,vidlng bona tide fringe benefits under a plan or program, proyidecl, that IMt Sea.ia,y of Labor has found, upon the wrlttan req..at of "8 oonlnlca, that lhe applcable standards of the Davia-Bacon Act haw been met The Sec:nltary of Labor may require the contractor ID set aside In a separate account anete for the mealing of obllgatlons under the plan or program. 4. Appr9nllcH and TralMel (Programs of the U.S. DOL) and Hetpera: a. Apprentices: (1) Apprentices will be permitted to WOik at less than the predetennlned rate for the WOl1< they performed when they are employed pursuant to and Individually regislefed In a bona fide apprenticeship p,ogram noglatared with the DOL, Employ- ment and Training Administration, Bureau of Apprentlcaship and Training, or wHh a State apprenbahlp agency '9COgnlzed by the Buraau , or K a paraon Is amployed In hlalllat ftrat 90 days of prot,ationaly employment • an appranlica In such an apprentlcashlp program, w'1o Is not indMdually rei;.1arac1 In the program, but who has been cat1lfled by lhe Bureau of Appfwlticeahlp and Trlirq or a Stata apprenticeship agency (where appropriate) IO be eligible for probationary ~ aa an apprantica . Required by 23 CFR 633 .102 Page 4 of 10 ' .... .. .. • ,.i • • • (2) The allowable ratio of apprentices to Journeyman-level employees on the job site in any craft classification shall not be greater than thfl ratio permitted to the conlractor as to the entire work force under the registered program . Any employee listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above , shall be paid not less than the applicable wage rate listed In the wage determination for the classification of work actually performed . In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor Is performing construction on a project In a locality other than that in which lls program Is registered, the ratios and wage ratea (expressed In percentages of the journeyman-level hOUfty rate) specified In the contracto<'s or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified In the registered program for the apprentiCle'a level of progress , expressed as a percentage of the journeyman-level hourly rate specified In the applicable wage determination. Apprentices shall be paid fringe beneflta In accordance with the provisions of the apprwntlcahlp program. II the apprenticeship program does not specify fringe beneftla , apprentices must be paid the fuU amount of fringe benefits listed on the wage determination for the applicable classification . If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency necognlzed by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be pennitlld lo utilize apprentices at less than the applicable predelermlned rate for the comparable work performed by regular employees until an acceptable program Is approved. b . Trainees: ( 1) Except as provided In 29 CFR 5 .18, ---wffl not be permllled to work at less than the predelarmined rate for the work performed unle11 they a,e employed pursuant ID and Individually registered In a program which hu niceived prior approval . evidenced by formal certification by the DOL. Em ployment and Training Admin istration . (2) The ratlo of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employme nt and Training Admini stration . An y employee listed on the payroll at a trainee rate who is not registered and participating In a tra ining plan approved by the Empl~yment and T ra ining Administration shall be pa id not less th an the applicable wage rate on the wage d etermination for the classificati on of work actually performed. In add ition , any trainee performing work on the job site In excess of the ratio pe rmitted under the registered program sh all be pai d not le~s than the applicable wage rate on the wag e dete rmination for the work actually performed. (3) Every tra inee must be paid at not less than the rate specifie d in the approved program for his/her level of progres s, expressed as a percentage of the Journeyman-level hourly rate specified In the applicable wage determination. Trainees shall be paid fri nge benefits in accordance with the provisions of the tra inee program . II the trainee program does not mention fnnge benefils, trainees shall be paid the fuN amount o f fringe benefits li sted on the wage determination unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associated with the corresponding Journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices , In which case such trainees shall receive the same fringe benefits as apprentices . (4) In the event the Employment and Training Administration withdraws approval of a training program , the contractor or subcontractor will no longer be permitted to utilize trainees at leas than the appltcabte predetermined rate for the work performed until an acceptable program Is approved. c. Helpers : Helpen will be permitted to work on a projec:I K the helper cia1111cation Is apeclfted and deftned on the applicable wage detarmlnation or Is ape,rlWed pursuant to the conformance procedure Mt forth In Section IV .2. Any worker Mated on a payroll at a helper wage rale , who Is not a helper under a approved dellnltion, 9hall be paid not less than the applicable wage rate on the wage determination for the ciauHlcatlon of work actualy performed. 5. Apprentlcn and Tral-(Program• of the U.S . DOT): Apprentices and trainees working under appranticeship and skill training programs which have been cer11flecl by the Secretary of Transportation as promoting EEO In connection with Federal-aid hig!May construction programs are not subject lo the requirements of paragraph 4 of this Section IV. The slralght time hourly wage rates for apprentices and trainees under auc;t, programs wll be established by the par11cutar programs . The ratio of apprentlcea and ir.._ ID journeymen lhall not be grNter than permltlad by the larma of the par11cular program . 6. Wlthholcllng: The SHA 1h11 upon Its own tldlon or upon Wltllan requeat of an au1horlnd ,.._iallvll of lie DOL wlllhald. or C1UM lo be wHhhald, flam the contractar or aubcc:w•Klor under Illa contract or any olher Federal conncl wllh 118 - prtme contraclOr. or any other Fedefally-aullted contract aubjecl ID Davla-8acon pr9'l8lllng wage ~ts which la held by 118 -pnme contrac:IOr, as much of the accrued payments or~• may be considered~ ID pay laborers and mecllanica , lndudlng apprenlicel, "--· and helpen, employed by the contrac:IDr or any subcontractor the fuU amount of wages required by the contract. In the event of !allure to pay any laborer or mechanic, Inducing any apprentice , trainee, or helper, employed or working on the site of the work. all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action •• may be neces sary ID cause the suspension of any further payment advance , or guarantee of funds until such violations have ceased. 7. Overtime Requl1'91Mnll : No contractor or subcontractor contracting for any part of the contract work which may requn or In volve the l!fflploy- ment of taborefs , mechanica , watchmen , or guards (lndudlng apprentices , traiMBI . and helpers deacribeCI In parac,aplla 4 and 5 above) shall require or permit any laborW , mechanic, watdwnan. or guard In any wor1cWNk In whl.:h he/she Is employed on audl work, ID work In ucna of 40 houri In IIICII worl<WMI< unleaa such laborer, meellanic, watchman, or gua,d receives cornpen11tion at a ra te not less than one-and-one- Required by 23 CFR 633 .102 Page 5 of 10 f• t .. .. • • --- hall times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek . 8 . Vtolatlon: Liability for Unpaid Wages: Liquidated Damages: In the event of any violation of the clause set forth In paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages . In addition, such contractor and eubcontractor shall be liable to the United States (In the case of work done under contract for the District of COiumbia or a territory, to such District or to such territory) for liquidated damagn. Such liquidated damages shan be computed with rupect to each individual laborer, mechanic, watchman, or guard employed In viOlation of the clause set forth In paragraph 7, In the sum of S 10 for each calendlr day on which such employee - required or permitted IO WOik In excna of 1he 1tandard WOik week of 40 hours without payment of the Oll9l1lme wages required by the clause set forth In paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon lta own action or upon wrltlan request ol any authorized representative of the OOL withhold, or cause to be withheld, from any monies payable on account of WOik performed by lhe contractor or subcontractor under any such contract or any other Federal contract with the same prime conlractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which la held by the same prime contractor, such sums • may be determined to be necessary to saUsfy any llablllllea of such contractor or subcontractor for unpaid wages and Hquklated damages as provided In the clause set for1h In paragraph 8 above . V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid conatruction contracts exceeding $2,000 and to al .-.lated subcontracts, except for projects located on roadways classifled as local roads or rural conectors , which are exempl) 1. Compliance with Copeland Regulatlona (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein lncorpoqted by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be ma intained by the contractor and each subcontractor during the course of the work and presarved for a period of 3 years from the date of complftion of the contract for all laborers , mechanics, apprentices, trainees, watchmen, helpers , and guards working at the site of the work. b . The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the typee desaibed In Section 1(b)(2)(B) of the Davis Bacon Act); dally and WNldy number of hours worked : deductions made; and actual wages paid . In addition, for Appalachian contracts , the payroll racordS shall contain a notation lnd1cabng whether the employee does, or does not, normally reside in the labor area a defined In Attachment A . paragraph 1. Whenever the Sacretary of Labor, pursuant to S ection IV, paragraph 3b , has found that the 0 (J wages of any laborer or mechanic include the amount of any costs reasonably anUclpated In providing benefits under a plan 0< program described In Section 1(b)(2)(B) of the Davis Bacon Act. the contractor and each subcontractor shai l maintain recortla which show that the commitment to provide such benefits Is enforceable, that the plan or program Is financlaUy responsible, that the plan or program has been communicated In writing to the laborers or mechanics affected, and show the cost anticipated or the actual coet Incurred In providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs Shan malntaln written evidence of the reglatration ol appranaces and trainees, and ratios and wage rates prescribed In the applicable P<OS,amS. c . Each contractor and subcontractor shall fumiah, each week In which any contract WOik ii perlonned, to 119 SHA relldent englr-, I payroll d wages paid each of Ila empkJyees (Including apprenticee, "--· and helpers, desa1bed In Section IV, paragrapha 4 and 5, and -tchmen and guards engaged on WOik during the pracedlng WNldy payroll pe,tod). The payroll submlt1ed shall set out accut1tely and cornplelely all of the Information requrad ID be matntakled under paragraph 2b of Ihle Section V . Thia Information may be submitted In any form desked. Opllonal Form WH-347 II available for this purposa and may be pun:haNd from the Superintendent of Documents (Federal stock number 029-005- 0014-1 ), U .S. ~I PrlnUng Office, Waahlnglon, O.C. 20402. The prime contractor Is reaponslble for the submission of copies of payrolls by 111 aubcontractors. d. Each payroll submitted shall be accompanied by a ·statement of Compliance." lligned by the contractor or subcontractor or hlllher agent who paya or supetViMs the payment of the P8f90l'II employed under the contract aid shall ceftlfy the following: (1) that the payroll for the payroll partod conlllna the Information required to be maintained unclar paragraph 2b of this Section V and that such lnforma1lon II correcl and complete; (2) that IUch laborer or mechanic (Including each helper, appnntice, and traNe) employed on the connc:t during the payroll period ha been paid .. full WNldy wages earned, wt1hout lllbale, ...._. dllWdly or lndlredly, and that no deductlonl ha\19 been made el1her dlnlctly or lndlrec:lly from the ful wages eamed, CJll.r than pennlnlble deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid no1 less that the applicable wage rata and fringe beneflta or cash equivalent for the classlficatlon of · WOlked pe,fonned, as specified In the applicable wage determination Incorporated into the contract. e. The weekly submission of a property executed certification set for1h on the reverse side of Optional Form WH- 34 7 shall satisfy the requirement for submission of the ·statement of Compliance" required by paragraph 2d of this Section v. f . The falalfication rA any of the above cet1fflcatlons may subject the contractor ID clvll or crimlnal prosecution under 18 u .s .c . 1001 and 31 u .s .c . 231 . g. The contraclor or subconbactor shall make the l9COlds 19QU1red under paragraph 2b of 1h11 Sactlon V available for lnapectlon, copying, or nnlCripllon by authorized rei,rNenlltilles of the SHA. 1he FHWA. or the DOl, and lhall pem,lt IUch ~IIU-IO lnlanllew emplo)oNs during working hours on the job. If the contractor or IUbcontractar Required by 23 CFR 633 .102 Page 6 of 10 t .. .. • • • fails to submit the required records or to make them available, the SHA, the FHWA, the OOL. or all may, after wrlt1en notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthem,ore , failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the Installation of protective devices at railroad grade crossings, those which are constructed on a to«:e account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge Is less than $1,000 ,000 (23 CFR 635) the contractor shall: a . Become familiar with the list of specffic materials and supplies contained In Form FHW A-4 7. "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds,• prior to the commencement of wor1< under this contract. b . Maintain a record of the total oost of all materials and supplies purchased for and Incorporated In the work, and also of the quantities of those specific materials and supplies listed on Form FHW A-4 7, and In the unlls shown on Form FHW A-4 7 . c. Furnish , upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required In paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worlced and the total amount earned. 2. At the prime conlraetol's option, either a single report covering all contract wor1c or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLEmNG OR ASSIGNING THE CONTRACT 1. The contractor shan perform with Its own organization contract worlt amounting to not less than 30 percent (or a greater percentage If specified elsewhere In the contract) of the total original contract price, exduding any specialty items designated by the State. Specialty Items may be performed by subcontract and the amount of any such specially Items per- formed may be deducted from the total original contract price before computing the amount of worlt required to be performed by the contractor's own ocganization (23 CFR 635). a. "Its own organization" shall be construed to lndude only workers employed and paid directly by the prime contract~ and equipment owned or rented by the prime contractor, with oc without operators. Such tenn does not indude employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items· shall be construed to be limited to work that requires h ighly specialized knowledge , ablllties. oc equipment not ordinarily available In the type of contracting organizations qualified and expected y.: bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2 . The contract amount upon which the requirements set forth in paragraph 1 of Section VII Is computed Includes the cost of material and manufactured products which are to be purchas ed or produced by the contractor under the contract provisions. (J 3 . The contractor shall furnish (a) a competent superintendent or supervisor who Is employed by the firm , has tun authority to direct pertormance of the worlt in accordance wl1h the contract requirements, and is In Charge of all construction operaUon1 (regardless of who performs the worlc) and (b) such other of Its own organizational resources (supervision, management, and engineering seivtces) as the SHA contracting ofllcer determines Is necessary to usure the perfo, mance of the contract. 4 . No portion of the contract shall be sublet, assigned °' otherwise disposed of except with the wrttten consent of the SHA contracting ofllcer, oc IIUthOflzed representative, and such consent when given shall not be construed IO relieve the contractor of a,y ruponaiblUty for the ~t of the contract. Written consent will be glwn only after the SHA has assured that each subcontract Is evidenced in writing and that it contains all pertinent provisions and reqllnfl*lts of the prime contract. VIII . SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contraclor shall comply with al applicable Federal, State, and local laws governing safety, health, and unltaUon (23 CFR 635). The contractor shal provide al safaguanls, safety devices and protective equipment and take any other needed acllons as It determines, °' as the SHA contracting officer may determine, to be l'fl8sonably ,-gary to prolect the 1h and heal1h of employees on the job and the safety of the public and to protect property In connection wl1h the performance of the work covered by the contract. 2. It Is a condition of this connct, and shall be made a condition of each subc:ontract, which the contractor enters into pursuant to this contract. that the contrac:IOr and any subcontractor shalt not permit any employee, In performance of the contract, IO WOik In sunouncilngs °' under oondltlons "'*"1 are u,-iitary, hazardous or dangen:,us to his/her health 0( safety ... detllnnlned under construc:llon safety and health standards (29 CFR 1926) p,omutgated by the Seawtary of Labor, in accordance with Section 107 of the Contract Work Houni and Safety Standarda Act <.a .u.s.c. 333). 3. Pursuant to 29 CFR 1926.3, It Is a CX>lldltion of lhla contract that the Secretary of Labor oc authorized representati-.. lhllreaf, shall ha-.. right of entry IO any 11118 of contract performance IO lnSpect oc Investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Wori< Hours and Safety Standards Act (40 u.s.c . 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quaHty and durable construction in conformity with approved plans and specifications and a high degree of reliability on stater.-ts and representations made by engineers, contractors. suppliers, and woltlers on Federal- aid highway projects, It ts euentiai that aH persona concerned with the project peiform their functions u carwfuly, thoroughly, and honestly as posaible. WIiifui fatalllcallon, dtslatlion, °' misrepresentation with raspect to any fadl ralalld to the project Is a violation of Federal law. To pr9\/9fll any misunderstanding regarding the HriouaMu of lhfle and similar acts, the following nolto9 lhall be posted on each Federal-aid highway project (23 CFR 635) In one °' l'IIOf9 places where It ts rudity avallablll to all persona concemed with the project: Required by 23 CFR 633 .102 Page 7 of 10 ' '. • • NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL· AID HIGHWAY PROJECTS 18 U.S .C. 1020 reads as follows: "Whoever, being an offlcor, agent, or employee of the Unffed States, or of any Stale or Territory, or whoever, whether a person, associalion, firm, or corporation, knowingly makes any false statement, false fftpreser.tation, or false reporl es to the character, quality, quantity, or cost of the m818rial used or to be used, or the quanlffy or quallly of the worl< performed or to be performed, or the cost thereof In connection with the submission of plans, maps, specifications, conllllcis, or costs of construction on any highway or fftlaled project submitted for approval lo the Sec111lary of Trensportation; or Whoe\lllf' knowingly makes any false 81atement, false representation, false reporl or false claim wllh respect to the character, quality, quantity, or co81 of any worl< performed or to be performed, or materia/a furnished or to be fumlahed, ill connection with the construction of any highway or 18/ated project approved by the Sec111tary of Transportation; or Whoever knowingly mal<es any flllse sl818ment or false representation as lo material fact In any statement. ce,tH;cate, or reporl submitted pursuant to provisions of the Fede,al.aid Roads Act approved July 1, 1916, (39 Slat. 355), es amended and supplemented; Shall be fined not mon, that $10,000 or imprisoned not more than S )19ars or both.• X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to al Federal-aid construction contracts and to an related subcontracts of $100,000 or. more.) By submission of this bid or the execution of this contract. or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate. wtU be deemeq to have stipulated as follows: 1. Thal any tacillty that Is or wlll be utilized in the performance of this contract, unless such contract Is exempt under the Clean Air Act, as amended (42 U .S .C. 1857 II 1151., as amended by Pub.L. 91-604), and under the Fedenll Water Pollution Control Act, as amended (33 U.S .C. 1251 II ag., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) Is not tisled, on the date of contract award , on the U .S . Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2 . Thal the fim, agrees to comply and remain In compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and gu idelines listed thereunder. 3 . That the fim, shall prompUy notify the SHA of the receipt of any communication from the Director, Office ol Federal Activi ties , EPA. indicating that a facility that is or will be utilized to r the contract Is under consideration to be listed on the EPA List of Violating Facili ties . 4 . That the fom, agrees to inctude or cause to be Included the requ irements of paragraph 1 through 4 of this Section X In every nonexempt subcontract, and further agrees to take such action as th e government may direct as a means of enforcing such requirements . o . XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification • Primary Covered Transactions : (Applicable to all Federal-aid 'contracts • 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant Is providing the certltlcation set out below. b. The Inability of a person to provl,de the cerllflcation set out below wll not necessartly result In denial ol participation In this covered transaction. The prospecth/11 participant lhafl submit an exptanallon ol why tt cannot provide the certifti:atlon set out below. The cer1111callon or explanation wll be considered In connection with the deparlment or agency's del8ffnlnatlon whether to enter Into lhla transaction. Howe-. faltn ol the pn,apectlve primary participant lo furnish a cer1111catlon or an explanation lhal dilquallfy such a person from pattidpation In this tranuctlon. c. The cer1111calion in this clause Is a material representation ol fact upon which reliance -placed ..tl9II the deparlment or agency determined to enter Into this transaction. If tt Is later determined that the prospective primary participant knowingly rendenld an enoneous certiftcation, In addition to other ramedles available to the Federal Government the depanment or agency may temilnate this transaction for cause ol default d. The proepective primary participant shaU provide immediate w,111an noace to the depar1ment or agency to whom this proposal la IUbmlttad II any time the p!Olp8dlv9 primary participant luma that Ila C8lflcatlon WU enoneous ..tl9II submltled or has become ~ by reaon of changed dn;umstancea . •. The llnnl "covered IJwlsacllon." "debamld." "suspended," "lneliglble," "loww lier covered tranuctlon," "participant. "person," "prlma,y covered tranuctlon." "principal." "proposal." and "volunlarlly exduded." as used fn this clause. haV9 the meanings set out In the Detlnltiona and Coverage sec1lon1 of rules Implementing ExeaJIMI Order 12549. You may conta ct the department or agency lo which this proposal Is submitted for asslstanoe In obtaining a copy ol those regulation s. f. The prospeCIMI primary participant agrees by submitting this proposal that, ahould the proposed coY8flld transaction be enlenld Into, It shall not knowingly enter Into any lower lier covered transaction with a person who ts debaned, suspended, declanld Ineligible, or voluntarily excluded from participation in lhla coY8f9d transaction, unless authorized by the department or agency entering Into this transaction . g. The pl"OlpeCtive primary participant furlher agrees by submitting lhla prapoul that H wlll Include the claUM tllled "Certification Regarding Debannent Suapenaion, lneligiblllty and Voluntary Exdulion-Lower Tier CCMIAld Transaction." provided by the department or agency entering Into this covered transaction, without modification, in II lower tier covered transactions Ind In an solicitations 1or lower lier covered transactions . h. A participant In I coveted transaction may l9ly upon a certification ol a prospecwe parlicipant In a lower lier co--.d lransaction that Is not debarred, suspended, inellglble, or Required by 23 CFR 633 .102 Page 8 oflO t • • voluntarily excluded from the covered transaction, unlesa It knows that lhe certification IS erroneous. A participant may decide the method and frequency by which II determines the eligibility of Its principals. Each participant may, but la not required to. check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs• (Nonprocuniment List) which Is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and Information of participant is not required to exceed that which Is normally possessed by a prudent person In the ordinaly course of business dealings. J. Except for transactions authorized under paragraph f of these lnstruclions, If a participant In a covered tranaaction knowingly enters Into a lower lier cowred transaction with a person who la suspended, debarred , inellglble, or voluntarily excluded from participation In this transaction, in addition to other remedies available to the Federal Government. the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, lnellglblllty and Voluntary Exclualon-Prlmary Covered Transactions 1. The prospective primary participant c:enlfies to the best of its knowledge and belief, that ft and its principals: a. Are not presently debamld, suspended, propoHd for debarment. dedanld lnellglbte, or volunlarlly excluded from covered lransactions by any Federal department or agency, b. Have not within a 3-year period preceding 1h11 proposal been convlC'led of or had a cMI judgement nindenld against them for commission of fnwd or a criminal offenR In connection with obtaining, attempting lo obtain, OI' petformlng a public (Federal, State or local) transaction °' contract under a public transaction; violation of Federal °' State a,ttust statutes °' commission of embezzlement. theft, forgery, bribery, falsification °' destruction of rea>rds, making false statemenls, or receiving stolen property; c . Are not presenUy Indicted for or othefwlse crimlnaly or civilly charged by a governmental entity (Federal, Stata OI' local) with commission of any of the offenses enumeraled In paragraph 1 b of this certification; and d . Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal , State or local) terminated for cause or default. 2 . Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2 . ln1tructlon1 for Certlflcatlon • lower Tier Cov...cl TranHction1: (Applicable to an subcontracts, purchase orders and other lower tier transactions of $25,000 or more • 49 CFR 29) (] a. By signing and submitting this proposal, the prospective lower tier Is provld!ng the certification set out below. b . The certification in this clause ts a material representation of fact upon which reliance was placed when this transaction was enlenld into. If it ill latar determined that the prospective tower tier participant knowingly rendered an erroneous C8ftlflca!'OO, tn addition to other remedies available to the Federal GcMmment. the department, or agency with which lhla ttansaeuon originated may pursue available remedies, Including suspena1on and/or debarment c. The prospec1lve tower tier participant shaR provide Immediate wrttten notice to the person to which this p,opoaa1 is submitted If at any time the plOllp8Ctive tower tier participant leaml that Ha certification was erroneous by reason of changed circumatancea. d . The lemll •covered transaction; "deban9d." ·suspended; "lnellglble." "primary covered transaction; "participant,. "perSOI,. "prtndpal," "propoul,. and "voluntanty excluded,• • used In this clause, have the meanings aet out in the Oeflnltlana and Coverage sections of rules Implementing EX8Ql1lve Order 12549. You may contact the person ID which 1h11 propoeal is IUbml1ted for aulatance In obtaining • copy of those regulallona. •. The prospective lower tier participant agl9'IS by submltling 1h11 p,opoaa1 that. should the propoMd covered traNactlon be entered lnlO, II shalt not knowif9y enlllr Into any tower tier covered transaction with • person who ts debarred, suspended, declared lnellgtble, OI' voluntarily excluded from patUclpatlon In this covered tranuctlon, unlau authorized by the depertrr.lt OI' agency with which this transaction Ol'lglnatad. f. The prospec:11¥9 tower lier pa,1lclpant further agr-. by submilllng 1h11 propoul lhat ti wll tnclude thla dal.a ltled "Cer1lflcatlon Regarding Debarment. Suapenslon, mellgtbaty and Voluntary Exdualan-Loww Tler Cownd TIWlUCllon," without modification, In .. tower tier covered nnuctlona and In alt sollcltatlons for tower tier covered tr.uclanl. g. A pa,tlclpant In a covered lraMadion may rely upon a certification gf • proapectlve participant In • tower tier covered transaction lhat la not debamld, lllllpended, tneltglbl9, OI' voluntarily excluded from the covenKI lranlactian, unless It kl"IOWI that 118 certification la ~. A par1lcipant may decide the method ano frequency by which II dMllrmNs the etigiblllty of Its principals. Each paf1lclpant may, but la not required ID, check the Nonprocurement Lisl h . Nothing contained In the for'tg()lng lhal1 be conalnled to require establishment of a system of rea>rdl in order lo rander in good faith the certification r9qUlred by this clause. The knowledge and information of partlc:lpant la not reqund to exceed that which is normally pc)ISNHd by • pn,dent person In the onlnary course of bualnesa dealings. I. Except for lranUctionl authorized under paragraph • of these tnatructlona , H a participant In a covered tranuctian knowingly en.,. lnlD • tower tier covered trlnUctian wllll a person who la auapendecl, debamld, lneliglbll, OI' wluntarty ududed from pa,lidpetlon in this IIWUctlan, In addition ID act. l9medlN avallabla ID Ila Fedaral GcMmrnent. the depMtmenl OI' agency with wllk:h this QUCllan origlnnd may pu,.-avalable rwmedlel, lndudlng IUIPlfllian and/OI' ~l Required by 23 CFR 633 .102 Page 9 of 10 . ' . 1 , .... .. " t .· • • Certification Regarding Debarment, Suspension, lnellglblllty and Voluntary Excluelon-Lower Tier Covered TranActlon•: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither It nor Its principals Is presenUy debarred , suspended, proposed for debarment, declared ineligible, or voluntar11y excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS OR LOBBYING (Applicable to all Federal-aid construction contracts and lo an related subcontracts which exceed $100,000 -49 CFR 20) 1. The prospective participant cerllflea, by signing and submlltlng this bid OI' proposal, to the best of his or her knowledge and belief, that a . No Federal appropriated funds have been paid a will be paid , by or on behalf of the undersigned, lo .,Y peqon for Influencing or attempting to Influence an officer a employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee ol • Member of Congress In a,nnection with the aWM!lng of .,Y Federal a>ntract. the making of any Federal grant, the maldng al any Federal loan, the entering Into of any a,open,Uw ac,Nn*II. and the extension, a>nUnuation, l'9MWIII, amendnwlt, or modiflcatlon of any Federal a,ntract, grant, loan, or cooperative agroernenl b . If any funds other than Federal appropriated funds have been paid OI' will be paid to any person for lnlluenclng or attempting to Influence an officer or employee ol any Federal agency , a Member of Congress, an officer OI' employee of Congress, or an employee of a Member of Congress In connection with this Federal a>ntract, grant, loan, or cooperative agreement, the undelsigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions. 2 . This certification is a material representation of fact upon which reliance ...as placed when this transaction was made or entered into. Submi ssion of this certification Is a prerequisite for making or entering Into this transaction Imposed by 31 U.S .C . 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 ,000 and not m.ore than $100,000 for each such faiure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall requn that the l anguage of this certification be Included in alt tower tier subcontracts , which exceed $100,000 and that .. such recipi ents shall certify and disclose accordingly. Page lOoflO D . t • • Required by 23 CFR 633 .102 ADDENDUM A: FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (includin1 the provisions of 23 CFR Parts 172 or 633 or 635) are more speclftc than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation : 1. the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18 .36( d); 2. the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30; 3 . the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants; 4. to expedite any COOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to COOT certifying Local Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36( d) procurement procedures, and with 18.37 subgrant procedures, as applicable; 5 . the Local Agency/Contractor shall incorporate the specific contract provisions described in 18 .36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations ( 41 CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantccs). C. The Copeland "Anti-Kickback" Act (18 U .S .C. 874) as supplemented in Department 'of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). D. The Davis-Bacon Act (40 U .S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Co~struction contracts in excess of $2,000 awllJ'dod by grantees and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). ' E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S .C . 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). Addendum A -Page 1 of 2 t .,.. ... • • F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S .C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub grants of amounts in excess of $100,000). G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). H. Office of .Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. J. 42 USC 6101 ~ 42 USC 2000d. 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 ~-These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111- 12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 22S and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) ' M . The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 ~. N . The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 ~ and its implementing regulation, 45 C.F.R. Part 91; Section 504 o·f the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. 0 . 23 C .F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C .F.R Part 633, concerning "Required Contract Provisions for Fed~Aid Construction Contracts". Q. 23 C .F.R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Fedcral Aid Highway Act of 1973. The requirements for which arc shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. Addendum A -Page 2 of 2 ' .. • • 0 . APRIL 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. B . Nondiscriminatio11. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.S of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be perf onned under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. Information and Reports. The Contractor will provide all information and reports required by the Regulations , or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities u may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive · possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions u it or the FHW A may determine to be appropriate, including, but not limited to : I. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 2 . C ancellation , termination or suspension of the contract, in whole or in part . Nondiscrimination Provisions -Page 1 of 2 . . {' • ' • F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with. litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHW A to enter into such litigation to protect the interests of the United States. Nondiscrimination Provisions -Page 2 of 2 • ' • • ATTACHMENT LO Certification for Federal-Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension. continuation. renewal, amendment, or modificatio.n of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that be or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Required by 23 CFR 635.112 Attachment LO -Page 1 of l DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION I . Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the perfonnance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the COOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of COOT assisted contracts. SECTION 3 DBE Program. The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request: Bu siness Programs Office Colorado Department of Transportation 420 1 East Arkansas Avenue, Room 287 Denver, C olorado 80222-3400 Ph one : (303) 75 7-9234 revised 1 /22/98 Required by 49 CFR Part 23 .41 Appendix B -Page l o f 1 ORDIN ANCE NO . SERIES OF 2003 BY AUTHORITY 1111.LNO, 54 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR AND CONSTRUCTION OF SIDEWALKS ON U.S. IDGHW A Y 285 IN TIIE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the area on U. S. 285 between Clarkson and Old Hampden is identified in the City's "Sidewalk Missing Links" program; and WHEREAS, installation of sidewalks at this location is desirable for the safety and convenience of pedestrians; and WHEREAS, City Council applied to Denver Regional Council of Governments (DRCOO) to include this project in the Transportation Improvement Program (TIP); and WHEREAS, DRCOG agreed to include the project for funding in 2003; and WHEREAS, the Federal share for this project is $297,000 and the City of Englewood's share would be $100,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council for the City of Englewood, Colorado, hereby approves the Transportation Enhancement Contract between The Colorado Department of Transportation and the City of Englewood, State of Colorado for "PROJECT STE M395- 008 ,(14414) REGION6/(JP), a copy ofwbicb is available at the office oftbe City Clerk of Englewood. Section 2. The Mayor is authorized to sign and the City Clerk to attest the Transportation Enhancement Contract for and on behalfofthe City of Englewood, Colorado. Introduced , read in full and passed on first reading on the 4• day of August, 2003. -1- • t .. ... : • • Published as a Bill for an Ordinance on the 8th day of August, 2003 . ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City off.nalewood, Colorado, hereby certify that the above and foregoing is I true ~ of I Bill for ID Ontinance, introduced, read in full, and passed on fint reading on the 4 day of August, 2003. Louc:risbia A. Ellis -2- COUNCIL COMMUNICATION Date: Agenda Item: ;!t: Subject: Lease Girard Ave. to Rocky August 4, 2003 ...... Mountain MOB, LLC Initiated By: Staff Source: Public Works Department . Rick Kahm, Capital Projects Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 51, Series 2001 authorizing the transfer of the fonner City Hall property to the Englewood Environmental Foundation, Inc. (EEFI). Council approved Ordinance No. 3, Series 2002/2003 authorizing the transfer of the property known as Parcel 2 to the EEFI to enable the development of the fonner City Hall site. Council approved Ordinance No. 4, Series 2002/2003 dedicating the alignment of the Englewood Parkway between S. Elati St and S. Cherokee St RECOMMENDED ACTION Staff recommends that City Council adopt an ordinance approving a lease of a portion of W. Girard Ave. to Rocky Mountain MOB, LLC. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The CityCenter Master Plan, prepared in early 1999, including extending the Englewood Parkway between S. Elati St and Cherokee St and constructing a roundabout at the Cherokee/Parkway intersection. The existing portion of W. Girard, between Elati St and the new roundabout, is no longer required for street purposes and the geometry does not allow for efficient use of the property. To facilitate the redevelopment of the fonner City Hall property, City Council transferred the Old City Hall Property to EEFI. The property was subsequently sold to Development Solutions, LLC who proposed to construct a medical office/surgery center. Development Solutions has assigned the project to Rocky Mountain MOB, LLC. Rocky Mountain MOB, LLC has requested th at the Girard Ave. right-of-way be leased to them to provide additional parking in coordination with the owners of the retail property to the north (Kimco). All of the costs associated with the construction of the parking lot will be borne by Rocky Mountain MOB, LLC. They are also responsible for the maintenance of the improvements. The City will reserve a Utility/Drainage easement over the entire leased parcel. The lease agreement requires that access and circulation for the Kimco property be maintained. FINANCIAL IMPACT None LIST OF ATTACHMENTS Lease t .:., ... • • ORDINANCE NO . SERIES OF 2003 BY AUTIIORlTY ~L'NO.~ ~~BY COUNCIL MEMBER . ------ AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN ROCKY MOUNTAIN MOB, LLC AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE LEASE OF CERTAIN PROPERTY IN THE CITY'S RIGHT-OF-WAY FOR THE FORMER GIRARD AVE. WHEREAS, the CityCenter Master Plan, prepared in 1999, included extending the Englewood Parkway between S. Elati St and Cherokee St. and constructing a roundabout at the Cherokee/Parkway intersection; and WHEREAS, the existing portion of W. Girard between Elati St and the new roundabout is no longer required for street purposes and the geometry docs not allow for cfticient use of the property; and WHEREAS, the former City Hall property was transferred to EEFI, which was subscqucndy sold to Development Solutions, LLC for a proposed conatruction of a medical office/surgery center; and WHEREAS, Development Solutions assigned the project to Roclty Mountain MOB, LLC for construction, and Rocky Mountain MOB, LLC bu requested that the Girard Ave. ript-of- way be leased to them to provide additional parkina in coordination wi1h the owners of the retail property to the north (KIMCO); and WHEREAS, Rocky Mountain MOB, LLC will bear all the com IIIOciated with the construction of the parking lot and also for the m.wiotenance of the impn,vcmmta. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. City Council of the City of Englewood, Colorado, hereby approves the Girard Ave . Lease between the City of Englewood and Rocky Mountain MOB, LLC, a copy of which lease is attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are hereby authorized to sip and attest said Lcuc on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first readina on the 4• day of Aupst, 2003. Published as a Bill for an Ordinance on the s• day of Auamt, 2003. 8cvcrly J . Bndlliaw, Mayor ' .. • • • Attest: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the foregoing is a 11\le copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 4• day of August, 2003 . Loucrishia A. Ellis • • ~ul 31 03 10105• CITY OF ENGLBWOOD, COLORADO, •Landlard, 111d ROCKY MOUNTAIN MOB, LLC, u TCIIIIII EXRnllTA • (J. Jul 31 03 10:06• Developaent Solutions Grp (303)893-0251 THIS LAND LEASE ("Leaej ii entered mo and ii made effective • of ------J 2003 (the '1..eue Date"), by and betnen tbe CrI'Y OF BNGLBWOOD, COWRAOO, a Colorado municipal corpcntioa whole ldclrell ii 1000 Enpwood Patway, Boglewood, Colorado 80110 (ben:inafts referred to• '"Lmllcml"). 111d ROCKY MOUNTAJN MOB, U.C. a Colondo limited liability compmy wbolc addnu ii c/o De¥elopmeat Solu1i01111 Group, u.c, toss Aurlria Parkway, Suite 300, Denver, CoJondo 80204 (blnmafts rmrrec1 to u '°Tenant''). 1. Lale; LeaNd IAad. In CODBiclcnlica oftbe paymmt oftbe rml IDll die pcrfonnmce oftbc c:ovmallll and agrccmaa by Temal a Nt foltb 1-ein, LladJold hereby leasca to Tenant, ad Tlllllll leues mm LlndlOld. mr tbe Tenn C• defined below), at die rental and upon the conditions CODtlined in tbil Leae, llpprOXDllllely twady-fbur dlDllllnd tine hundred eigbly-one (24,381) square feet of Imel lOCIIIDd immectimly ID die nartb of and contiguoua to Lot 1, Bloc.t 2, City Hall Subdivision, County of Anpaboe, Stale ofCokndo, u more particularly delcribed md depicted cm 1PM A llltlcbed binlo md by tbia refi:nnce inc:orporatcd herein (the "Leaocl Land"). Tbe pmpoa oftbia Lelle ii to enable Tfllllll to uae md occapy the Leued Land u additional pmdns 111d wbicJe circulaaicm area for tbe medic:11 office building and related lite improvaneaa that Teaml immdl ID CClllllnld on Lot 1, Block 1, City Hall Subdivision, County of Arlpaboc, State of Colando, and Lot 1, Block 2, City Hall Subdivil!ion, County of Anpaboc, Stale of Colorado (the "Medical Office Builclinaj, • more pal1ic:ularly dacn"bed in paragraph 4 below. Notwidwtanttina die &ct tbat die 1.-ed Lllld formerly wu in use u a public rigbt~f-way, Tenam lbaD bave tbe m:lmive ripl (lllbject to other provisicm of this Leuc) to uae the Leued Land for tbe ~ delcribed ham. 2. Tena. The tam of tbil uue, baninaftcr called the '"Tmn", lball be Uy-five (SS) yaars, cumnenciq on Seplmabcr 1, 2003, IDII apiriq. ual-w ..,.,;...,... • eat fonb herein, cm s«pembs 1, 20SI. Notwidwtawtin1 the Anpina. &om 11111 dar the IMN Date until September 1, 2003, Tmmt lball bave tbe ria11t to Cllllr vpoa IDll 1111 tbe 1.-ed Lmd for the purposo of CODlbUdiq improvcmm • dmcribed iD J1111P1Pb 4(a) below, witboat payment of rm, provided that IIICb entry IDd uo lball be IUbject ID all oftbe provilicml o(1bll Lease reprding uae and occupmcy. 3. Reat. The rent payable fi>r the entire Tam lbaD be SSSO.OO, wlw:h comilll of ten dollars (SI0 .00) for each year of the Tann. Thereat for1he fldirc: Tann lball be payable cm or prior to September 1, 2003, It the ofticel ofl.llldlord at 1he &dclrm set Carib above. In the event such rent ii not paid within ten (10} cl&)'l lfter 1he c1a1ie tbl,paymeat ii due, a 1a1C cbarp in the amount of five pem,nt (S%) of the payment will be paid by TCIIIDL 4. Uae ud Ocaapucy. (a) Tcmnt lhall bavetbe ripl to-11111 occupytbc 1.-ed Lmd ilrlha development, conslruction, openlioa 111d mainemance of IUr&ce patina &cilltiel 11111 relalled 2 p.3 t . .. •' • • -- • Jul 31 03 10:06• Developaent Solutions Grp (3031893-0251 site improvements, inc:luding but not limited to surface parkmg lots. cwt, md gattcr, ligblina. landscaping islands, lmdlc:aping, md iniptioo syatema (coDectiwly, tho "Pmtciq lmprovanentsj. For that parpose. Teamt sball have the rigbl to COllllluct tho Parking Improvements OD the Leased Land subslmtially in accordaDco with tho development plan attached hereto u IP!Pit B (the "Plmj without my fbr1bs commt er approval from Landlord (other thm my COlllelll or approval aonnally md cutomari1y n,quin,d fiom Lllldbd in i1I capacity II a local govemmmt with juriadic:tion over tho Loaled Lml md the Padang lmprovemmts~, provided lbat Tenant sball obtain c:mtina utility localian infmmatioa from the appropriate~ in connection with my such CCIDllnJClion md lball coordinate the inm1lalioo oflandlcapiD& with the location of mstiq utility facili:tiea..i lfTenam, prior to or clariq COIISlnlction of the Parking Improvements, demea to make my material cbanpa 10 tho Plan. Tmant fint aball obtain the written commt fiom Landlord for that cllange. md Landlord sball not umeaouably withhold or delay its coment. The construclian, opcrllioa and maintmance of Plllcing lmprovanents aball be at DO expense to Landlord. P·~ (b) Tcmnt shall have the right to alter er modify tbe Parking Improvement& in any manner after the initial construction ii complem without my turtba' comem 1rom Landlord provided that any such alteration or modifica1ion is not material. Any material alteration oftbe Parking Improvements shall require the prior written conaent of Landlord, wbicb shall not be umeuonably withheld or delayed. (c) All Pamna Improvements lball be the property ofTmant daring the Term for all purposes, illl:bJdina depreciation. At the end oftbe Term, 01ru•illlip of all Parking Improvements shall tranmr 10 Landlord. ( d) Thia Leue sball be subject to m accesa OIINlllllllt reaerved by Landlord over the portion of tbe Leased Land clescn"bed on NM C attached hmetD (tho· Acce11 .Euement Portion of the Leual Land") fbr purpoeea of inpal IDCI ear-fbr whic:Ja IDII pedestri1111 bdwem the land located immedilCely to tho oartb of ml CXlldipou to tbe Leued Land, an which a '1'bar-Mor" retail facility is located aa of the Lelle 0... (tho "Eimco Site"), and Englewood Partway. In addition. Tenam shall have the ript to arm to the OWDIII' oftbe Kimco Site the rigbl for vehicles and pedellriam to travel O'YII' all drivel loc:alled on the Leued Land for pUJPOSCS of vehicle circulation serving the Kimco Sile. The Pllll c:oatmiplatel and allows for such ingress and egress IDCI vehicle circulation, md no cbaage lball be made to the Plan (or to the Parlcing Improvements, after coastruction tbereofil complele) lblt would eliminate or suhstanrially impair that ingress and epaa or vehicle circulalion. ( e} Tenant, at no expense to Landlord, shall keep the Parking Jmprovemems, and at the expiration of this Lease shall sum:nder the Leased Lmd, in • good I condition • existed upon completion of constnlction of the Patina lmpnmmenil, km by fire, acc:idant and ordinary wear and tear cxc:epted. Also, Tenant shall keep all lidllwalb on er ll'OIIDd tbe [.-.eel Land free and clear of ice and mow. Finally, Tenant lball keep die 1.-1 Laad he from all litter, dirt, debris and obstiuctiona, IDCI in a clean IDCI llllitary condition • requin,d by lhe ordinances of the City of Englewood. 3 ' .•' • • i !!. ~ s .§ -Is ~ f fj f .fl 1 l" lf ! i. B §l 11.J 8. ft I t I. f 1·1.! i 1a·l11. f f ·1JK-fJ:·18 ;;; J:·l.fl · !~:r~i'I ilfi. J .§: f" ~ t & i SA .fl jl-f 'f f ,I f J J ( • 1 f ( . ,! 11 if!~ rr1~f1 1~ IJfii ,~ti t~llllt~!ii€ ]iWs 8 Ji ~i;lil Ji i~f(i~(fi~[l~(Jli.l!~~J~,~ J! I:"' Sl -I -I .... i:r. & §. R SI !a-=! .. Er 1. K .. I· -_ -I Ii 8 I: _ -a:~ sfll 11,·.11 ~1~ J"lfilJ•f~JIJfJ!!tjJill 1~1: I i:r.A 1. It f_ ~t4itJl~11i~!11:!itfil ' . I: !-All§:j g li"-,c-:::· l'if.11 5lli· ... --..: lt.llf"" ~· fC Jlf If JI 2. f .S . I f s,t .f A!:2, .• ' .. c... C .. w ... a Col .. a a II • a • C • .. 0 ... • • :, C9 "' 0 .. C C9 ... 0 :, • a , ... -Col a Col -• Ill Col I a N Cl .. ... . Cl 0 w---l .(~ Jul 31 03 10:06• Developaent Solutions Grp (3031893-0251 damage occaaioned by defecti\'e el~cal wiring. or the brelb&e or stoppaae of plumbinl or sewerage upon the Leued LIDd or my adjacent lmd, whalbs the brelkap or atoppap results from freezing or oeberwise. provjdcd that Landlord shall be liable fur my damage suffered by Tenmt II a result of Landlord'• negligence. . 7. Eatry to tile Leaed Luci. Tenant shall allow Landlord to enter upon the Leased Land at my reuonable time. I. No Wmver. No 111CDt, CXpte11 or implied. to any breach of my one or more of the agreements in thia Lease shall be deemed or 111km to be a waiver of my aucc:ceding or other breach. 9. Holdover. U: after the expiration ofthia Lcue. Tenant ahall remain in poaeaion of the Leased Land and continue to pay rent without a written agreemcmt • to such poaeasion, then such tenancy shall be regarded as a month-to-month tenancy, at a momhly rmal, payable in advance, equivalent to 1/12 of the rent paid by Tenant undlrthia Leaae for the lat year of the Term, and subject to all the terma md conditioaa ofthia Lease. 10, Def.at aad Remedlea IfTenmt (a) defau1ta in the payment of any inatallmcnt of rent or my other swn when due and as provided herein, or (b) defiwlts in the perfonmace o( or breachea, any other covenant, condition or RICriction of thia Leue ha'ein. provided to be bpt or performed by Tenant, and if such default or breach continues um:ured for a period of thirty (30) buaineaa days ·ftom IDd after service upon TCIIIDt ofwrittm notice tbereofby LandJord (or if the cure reqaira more than thirty (30) buainea days and Temat baa not bepn to cure m:b default or breach within a thirty (30) businea day period after the notice deaibed abcM or 1hereaftcr completed the cure within a rasonable time period). tbai Landlocd, at Lmllonl'1 option, may pve IIIOChcr written notice to TCIIIIDt IUlling that Landbd intmda to tcmrinlta tbia Lease. If such default or breach continues ancured for a period of N¥m (7) blllinaa days from and after service upon Tmant of that second writtm notice (or if the cure requiJea men than seven (7) busineu days and Tenant bu not 1qun to cure such cleftmlt or breacb widlin that seven (7) busineaa day period or tbaafter completod the cure within a reMalllble time period), then Landlord, at Landlord's option, may terminate thia Leue and rmte poaellion of the Leased Land by giving Tenant writtm notice to that effect and thereupon, the rigbll ofTeaant in , and to the Leased Land and all improvements thereon sball ceue. ~ lball be eatitlecl to recover liom Tenant all damqea by rason ofTCllllll's default, includq but not limited to the cost to recover and reposseaa the Leased Land, the CXpenlCI of ~ettiDI, neceaary altmoon expenses, commisaiona md any unpaid rent 11. Mortpcee ProvbloJU. (a) Landlord acbiowledps that Temnt intmda to obtain fimnc:ma to~ for construction of the Medical Office Building and tbe hrkina lmprovtmmtl ("PiaMicina") ad to grant to the lender for such flnanc;iq ("Mortppej one or men doedl oftnut .Uoc martppa encumbering the Icueholcl intmat ofTenlllt \lllder thia Leate ('"Leuabold Mortppj • s . • I-• ... .•' ' • • ·• • • Jul 31 03 10:07• Developaent Solutions Grp (303)893-0251 security for the repayment of the Financing. The llllking of any Leuchold Mortpp by Tc:mnt is hereby approwd by Landlord and shall not be deemed to constitute an uaignmena or UIDlfer of the Leue or of the leaaebold estate hereby created, nor shall my Mortgagee be deemed to be an assignee or1rmsfc:m: of the Lease or of the leaaboldestate henbycreated 10 u to raquire such Mortgagee to 111Ume the performance of any of the tams, covenants or conditions on lhe part ofTmant to be perfooned bemmd«, but the parchaNr at my sale oftbe Leue and oflhe leasehold estate hereby created in any proceedings for the forecloaure of my Leuehold Mortpge sba1l be deemed to be an assipee or trandne within the meaniq of this Leue, and shall be deemed to have aarecd to perform all of the tams, coWIIIIDII md conditicma oa the part of Tenant to be perfomied hereunder from and aft« the dlle or such purcbue and auipment, but only for so long as u:h purchaser or usipce is the owner of the lcuebold catate. (b) Upon providmg Tenant with my notice of (i) a clcfiwlt under this I.cue. ,. • 7 or {ii) a proposed termination of this Lcue, or (w) a matter on which Landbd may predicate or claim a default, Landlord at the same time shall provide a copy or 111Ch notice to my Mortppe the name and address of which bas been fbrnisbed to Landlord. No such notice by Landlont to Tenant shall be deaned to have been duly given un1ea md umil a copy thereof bas been so provided to Mortgagee. From and after (1) my such DOlic:e hll been pvm to Mortppc and (2) any pmod for Tenant to cure the default idmlified in that notice bas expired without the c:un: having been completed, Mortpgcc shall have thirty (30) additional bUIDlCIII daya to nmedy, commence remedying or cause to be remedied the dcflu1ts or acts or omiuiom tbllt are die subjcc:t matter of such notice. Landlord shall accept such per:fonunce by or at the inltiptioo of Mortgagee a if the mne bad been done by Temnt. Tcmnt amborizN Mortppe 1D lab my such action at Mortpgcc'1 option md does hereby au1hDrizc entry i.,an the Lelacd I.ml by Mortppc for such purpoae. Notbiq in this Lale, however, lha1I be deemed to oblipre Mortgagee to take my action to cure any dmult under tbil Lcue by Tc:nmt, either• a condition to the cxc:rciac by Mortgagee o.f itl ripta under the loan documenlatioa witb Tcmat or otherwise. (c) If Tenant shall, on one or mon, occuiom, Cftllte a LeaNbold Mortpp, and if Landlord is provided with notice or such Leuehold Mortpge topther with the name and address of Mortgagee, then followina receipt of such notice by Landlord, the provilioaa of this paragraph 11 shall apply in respect to each IUCh Lelacbolcl Mortpp. In the evm of my assignment of a Lealehold Mortpge or in the evem of a change of addlea of a Lcaebold Mortgagee or of its aaipee, notice of the DIISW name and addnu lball be provided to Landlord; provided, however, tbll the eecmitization of the Lcaebold Mortpp without an aaipment or the Leasehold Mortpge being recorded in tbe official recorda of Arapahoe County, Colorado shall not require my such notice. Landlord lhall, promptly upon receipt of my u:b notice, acknowledge by an instrument in recordable form receipt of such notice. {d) No proviliom of dlia Leue shall pve to my penoa wbalaoevar tbe ri&bt to mortgage, hypothccale or otbelwiae enr.umber or came 1111)' lient to be placed apimt the fee estate of Landlord in the Leued Land, nor lball llid pn,visiam be cautrued • raaltin& in a subordination in whole or in pan of the fee emte of Landlord to 1111)' ind~bleclnea ofTc:naat. 6 ' .. .. • • ·• • • 0 CJ Jul 31 03 10:08• Developaent Solutions Grp (3031893-0251 p.8 ( e) Tenant's share of my proceeds ariaing from a taking of the Parking Improvements in eminent domain shall be dispoaed of as provided for by any Leuebold Mortgage. (f) AJ of the date of this Leue, the following entity ii a Mortppe md its name and addral for purpoaes of notices under pmaniphs l l(b) 111d (c) above ii a follows: Compass Bank 8100 Eat Arapahoe Road Englewood,. Colorado 80112 Attention: Roger D. Lamon 12. Auonaeys• J'e11. In the event of any dispute Irising under the terms ofthia Lease, or in the event of non-payment of any 1U1D1 doe and owing plll'IUlllt to this Lease md in the event the matter is tumed ove:r to an attorney, the party pn:vailing in such ~ if ordered by a Court of competent jurisdiction, shall be entitled, in addition to other damapl or costa, to receive reasonable attomeyl' fees fiom the other party. 13. Coademaadoll. In the eved of a condmmation or other taking oftbe Leued Land and/or the Parking Improvements by a govemment lp!IC)', all proc:eeda arising ftom or relating to the Parking Jmprovemc:ots shall be paid to Tenant. and all proceeda arising fi:om or relating to any utility lines or facilities owned by Landlord lball be paid to Landlord. 14. eoa.u-ce Willa Lawt. If any provision of lhil Leue ii clemned to violale any fedcnl, state or local law or ontilllnce, lblt plQVilion llbaJl be deaned ammled ID • to comply with such law or ordinance, md shall be CODltrued in a 1111DDS ID • to comply. 15. Sacceaon ad Asllpl. This Lease shall be binding apon the parties, their successors and assigns. 16. Mlscellaaeou. Wbm used heran, the singular lball include the plural, IDd the use of my gender shall apply to both pndcn. 17. Govenbl1 Law. This Lease sball be governed by md CODllnled under the laws of the State of Colorado . ' .. 18. Recordln1-Landlord and Tcmnt agree lblt Tenant. at no cxpeme to Landlord. • shall place this Lease of record in the office of the Clark md llecOlds of Anpaboe Comaty, Colorado, and Tenant shall provide the reconling iuformltion to Landlord aftm that information is available. Upon the expiration of the Term or my IOOIHII' tmmination oftbil Lcue, and upon request of Landlord, Tenant agrees to execute, acknowlodae md deliver to Landlord a popw instrument in writing releasing and disclaimin& all ript, title md intmest ofTmmt in md to the Leased Land and all improvements thereon. 7 • • Jul 31 03 10:08• 0 0. Developaent Solutions Grp (3031893-0251 19. Cap1lou ad Beadhap. Tbc capliom 111d beldinp tbrougbout this Leue are for convenience and mermce OD1y and tbc wordl COlltllined herein lball in no way be beld or deaned to define, limit, desc:nl>e, explain, modify, amplify or add to tbc iul&p1ebdion of any provision of or tbc a:ope or intent of this Leue nor in my way affect this I.ale. 20. ModillcatioL Thia Leue cannot be cbanpd orally, but OD1y by aareemcm in writing. signed by tbc party against whom cmforcemmt of1bc c:bmp. modification or dilcbarge is soupt or by hm'bia duly authorized apnt. Fmtbcnnore, at Ill)' time that a Mmtppe exists, no ammdmalt to this Lease shall be effective until the written approval of that MoJtppc hll been obtained. 21. Pu1lal lavalidity. Should any provision ofthia Leue be held by a court of competent jurisdiction to be either mvalid, void or anmbcelblc, the 1WDaining provilims of this Lease shall remain in full force and effect unimpand by the holding. 22. Sele •d OIIJy Apeemeat. Thia illltrumclm CODltitutcs tbc sole and oaly agrec:mml between .Landlord and Tenant teapeCtina tbc Leaed Land, the lcaing ofebc Lcued Land to Tenant, and tbe lease tam herein apecified, 111d correctly IOII forth tbe obliptiolll of Landlord and Tenant to each other II of the Leue DIie. Ally agreemeab or 1¥dkllbltiOD1 respecting the Leued Land or its leasing by Landlord to Tenant not exprealy Id fortb in this instrument are null and void. 23. Est9ppel CcnUlc:am. Landlord and Tenant .-. at my time and fnlm time to ... 9 time on or before ten (10) busiDeu days after written ieqUetl by the otber pllty, to execute. acknowledge and deliver to the requeatina party an eatoppel certiflclfc cerlifyiq (a) that tbia Lcue is unmodified and in fbll fon:e and cffilct (or if there have bem modificetiom, tbat it ia in full force and effect • modified, and stating the modificadam), (b) 1blt, to the bat knowledge of the party providing tbc certificate, there have been no dcfiulla by tbe olber party (or, iftbae have been defaultl, descnl>ing tbe de&ult), (c) tbc elate to which rent and odier cbargel have been paid and (d) such other matters u may be reaonably requemd by the requaling party. h ii intmded that any such statement delivared pursuant to this pmppb may be relied upon by any prospective purchasc:r of all or my portion oftbe requesting party's interest, or by my mortgagee or prospective mortgagee. 24. Qalet Eajoymeat. Subject to tbc provisioaa oftbia Leue, all applicable laws and any mortgage, c:asemcat. covenant, reaervation or other mcumbnnce on the Leued Land, Landlord shall warrad and defend Tenant in the quiet c:qoymc:nt md poacaion of the Leued Land during the Term against any perlOD claiming under Lmd1ord, IO loq • Tenant complies with its obligations to pay rent and performs all of its other obliptiom under tbia Lelle. 25. Notices. All notices, rents, and other IUDII payable by one pat)' ID the other and all demands and requats ftom one party to the other lball be giwm • i>llows : a ' ..... .. • • To Landlord at 1000 Enp:MJOd Pittway P.nglewood, Colorado 80110 To Tenant at 1055 Auraria Pmway, Suite 300 Deaver, Colorado 80204 Pbone-~o Pa-~1 or It IUCh OCber place• ei1hs pmty may, tam timetD ~-.-ill wri1iDa, &nice of my notice or d4lmad reqai!IIII or pa 11dcllicl to be lllllle lwwada ..Ube IPftici«ml if delhlnd to Lmlbd er to Tmaat pcllCIDl)Jy, ar if 1nDmii111icl by lalmite. cmmipl coarier ..-. or ce:r1ified or~ UJJimd Staeea mail, witb PC1111f1 pnplid, ID Lmdlard or Tcmam at lbe above lddlw or elNwb&n • Laadbd err.--, 6-time to time.....,.. m wmm,. Reprd1aa of1be mlllbocl of detiWII)' or 1PMhie~ 1he cllte of llClml lwipt of IUCb aatic,e or demand by 1be iDlllldod recipim lbaU be clNmed ID be 1he elm OD which llldl aadce ar damd wugiven. 9 .IU& J& U~ LANDLORD: CITY OF ENGLEWOOD. COLORADO TENANT: ROCKY MOUNTAJN MOB, U.C By: D8VeJopmmt SoJationl. Oroup. u.c IIIMl!llpr Loacrimia A Ellis, City Clerk By: ___________ _ •=~------------~ 10 &Xilllltf A Y:GAL pugtm]ONIDIPICIJQN or TIii LIMP LAND LEGAL DljSCRIPTIQN Of JU IMBP LAND: A PAllCBLOF LAND LOCATED IN THE souiHwEsT QUARTER. (SW%) O.F SBCTION 34, TOWNSHIP 4 S0UIH. RANGE 68 WEST Of THB 6TH PRINCIPAL MERJDIAN, crrY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE O.F COLORADO, MORE PARTICULARLY DBSCRJBBD AS FOU.OWS: COMMENCING AT THE NOR.THBAST CORNER. Of THB SEY., SW Y., SW% OF SAID Sl!CTI0N34; nmNCBN 77°30'S1"E 2'n.09FBETTOTHE 11lUEP0INTOF BEGINNING, SAID POINT BEING ON nm SOUTH S1DE OF WBST GIRARD A VBNUB AS DEFINED BY THB GIRARD PLACE SUBDMSION (RECBPTIONNO. 2776667); 11IENCE ALONG THE SAlD SOU'IH LINE OF WEST GJllARD A VENUE N 89°50'22" W S34.06 PEET; THENCB ALONG THE AR.C OF A NON-TANGENT CUR.VE TO THB IJGHT HA VINO A R.ADIDS OF 17S.OO FBET, A CENTRAL ANGLB OF 38°46'3T, A LBNG'JH OP 118.44 PEET AND A CHORD BEARING N 70"00'07" E 116.19 FBET TO A POINT ON nm SOUlH LlNB OF 1HE VACATION LINE FOil WEST GIRARD A VBNUB (R.BCEPTION NO. 2939714); 'IHENCE S 89850'22" B 92.53 PEET ALONG THE SAID SOUTH UNB; nlENCE ALONG THE ARC OF A CURVE TO THB LBFT HA VINO A :RADnJS OP 111.SO F'BET, A CENTRAL ANGLB OF 14°42' 14", A ID1GTB OF 46.SI PBBT .\ND A CHORD BEARING N 82°48'31" E 46.4S PEET TO A POINT OP REVERSE CUR.VAnJRI!; THENCB ALONG nm AR.COP A REVERSE CURVE HAVING A RADIUS OF 211.SO FBET, A CENTRAL ANGLE OF 7°59' 12", A LBNOTH OF 30.46 PEET AND A CHORD BEARING N 79°27'00" E 30.43 FBET TO A POINT ON nm NORTII LINB OP WEST GIRARD A VENUE AS DEPINED BY THE GIRARD PLACE SUBDMSION (llECBP110NNO. 2776667); THENCE S 89°50'22" E 302.87 PBBT ALONG THB NOR'IH L1NE OP SAID WEST GIRARD A VBNUB; THENCE ALONGTHB ARC OP A NON-TANGENI' CURVE TO THE RIGHT HA VINO A R.ADRJS OF 20.00 PEET, A CENTRAL ANGLB OF 61930'10", A LENGTII OF 21 .47 FEET AND A CHORD BBARINO S 34924'33" W 20.45 FEST; nlENCE S 6S 0 09'36" W 20.00 FEET; THENCE ALONG THE AR.C OF A CURVE TO THE LEFT HAVING A R.ADIDS OF 29.00 FEET, A CBN1'RAL ANOLB OF 6Sll()()'OO", A LENGTH OF 32.90 FEET AND A CHORD BEARINGS 32°39'38" W 31.16 PEBT TO THB 11lUE POINT OF BEGINNING. Page 1 of2 11 QVICQON Qf DI wpp LANQ; Paae2of2 12 - ..... ~• u~ •u:au• ueve,apaen~ ~a,u~1ans ~rp ,~u~••~~-u~~1 JUl.-30-2003 IE> 02:25 PII Ellil.£11D PIB.IC DIS FAX IIJ. 3037838893 I .... ~ MOit PAliKING LOT ENGLEWOOD CITY HALL (DEMOLISHED) I Eil.::~9-ltt"--.::-.~ _,_ w.:_H~ ~--•--J IO' lt.O.W.) -"" -.. PdtlC Sala i-; Y: f . .... ll(CU'1111Nf ~ p.1~ P, 04 . I l le R SURVEYING 2831 S. REED ST. DENVER, COL~ADO E!0227 (720) 939-596S f• . ' .... .. .. • • Jul 31 U3 1u :1u• UIIDJTB -- L • ..,.-i 0 ·.· .... EHGLEWOOO . ~ ,.. ...... ---·-· PROPOSED MED ICAL BUl~ ... • • • . . ••' ~ .... • ·.,.I .. . .. .,. . . ' ,; ... ..., . ' ~ ... . ........ . ~ ,.. .... • . • • · .. ~ f, ,. 1 ••• ~\ ' .. • . .. ·I ~-- 1 -···· - · . ' _ ....... \, • ~ Ill, &IMl'l)/IIM, ---Ulf ·1~~}0 -·. '·' ·' ~. l c.. C ... w ... 0 w -0 .. ... 0 • Cl • C • 0 ... • • ::, .. II) 0 ... C .. ... 0 ::, .. C, , ... . w 0 w CD co w I 0 N Ill -• ... ... .. Jul 31 03 10111• &XIIIIJITC LRGtI PIMYS![(ON or TBlj ACQ'M IWQIINT mmon Of tMI LMBPJ.NfD A PAltCEL OP LAND 28 PEET 1N WIDTH LOCATBD INmB SOU1'1IWBff ~Alt'I'Ell (SW ~) OF SBCTION 34. TOWNSHIP 4 SOUTH, RANGE 61 WEST OP TBB 6 PRlNCIPAL MBlUDIAN, CrI'Y' OP BNGLSWOOD, COUNTY OP ARAPAHOE. STATB OP COLORADO, MORE PAltTICULARLY DESCRIBED AS POLLOWS: BBGINN1NG AT A POINT ONDIB SOUl'R UNB OP WEST GJllARD AVENUE PR.OM WlDCH THE POINT OP BBGlNNING FOR nm LEASED LAND Dl!SCIUBED Bf l!XIIIBrr A ABOVE BEARS S '9°50'22" B 266.28 FEET; 1HENCB N 89•,0'22" W 28.00 PBBT . ALONG THB SAID SOUl'H LlNB TO A POINT ON TBB WBST lJNB OF SAID ACCBSS BASBMENT; TKBNCE N 00"09'38" B 44.10 PEET ALONG nm SAID WEST LlNB TO A POINT ON THB SOUI'H LINE OP VACATION LINE FOR WEST GIRARD A VENUE (RBCEP'l10N NO. 2939714); 1HBNCB ALONG THE SAID SOtrl'H UNE ALONG THE AltC OP ANON-TANOENTCUllVB TOTHBLSFTRAVJNOARADnJS OP lll.50FBET, A CENTRAL ANGLE OF 2•33•4r, A LENG1'B OP 8.12 FBBT, AND A CHOltI> BBAIUNG N 76°44'18" B 8.12 FBBT TO A POINT OF ItB'YERSE CUllVAruaB; 11IBNCE ALONG TBB AR.COP A REVBRSB CURVE RA VINO A RADrus OF 111.50 PBB'I', A CENl1lAL ANGLE OF 5°23'30"", A U!NQTH OF 10.S6 PBB'I' AND A CHORD BEAlUNO N 78o09'09" B 20.55 FEET TO 111B BAST UNB OP TBB SAID ACCESS EASBM!Nf; THBNCE ALONG THB SAID BAST LINB S 00909'3r W 50.26 PEET TO THE POINT OF BEGINNING. Plplofl 14 - 0 COUNCIL COMMUNICATION Date Subject August 4, 2003 Agenda Item •• Colorado State University Biosolids Research Agreement INITIATED BY Littleton/Englewood WWTP Supervisory Committee STAFF SOURCE Mark Van Nostrand, Senior Project ·Engineer COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council has approved this research project annually for several years. RECOMMENDED ACTION We recommend Council approve by Ordinance an intergovernmental Agreement with Colorado State University for the cooperative research projects on land application of sewage biosolids on dryland wheat in the amount of $78,977. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1982, the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP), in cooperation with Colorado State University (CSU) Department of Soil and Crop Sciences, has successfully conducted a continuous research program to observe the long-term effects of the application of biosolids for dryland wheat farming. The research has provided long-term research data and a sound basis of knowledge of the biosolids produced by the L/E WWTP and the environmental impacts of the product The information has been used extensively as a public relations tool, as well. Additionally, the L/E WWTP/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. The long-term research demonstrates that the beneficial use of wastewater biosolids is an environmentally safe, economically beneficial, and agriculturally sound practice for recycling and conserving a valuable resource. The research has resulted in thirteen reference journal articles and book chapters, twenty-three technical papers, numerous bulletins and reports, one doctoral thesis (another in progress) and two masters ' thesis . The research has benefited not only western states farming communities, but also biosolids researchers, regulators, generators, appliers and other environmental professionals in the following ways : L/E WWTP staff was recently notified that the biosolids program will receive the 2003 Rocky Mountain Water Environment Association Biosolids Management Merit Award. In 1999 the L/E WWTP and CSU received the U .S. EPA Outstanding Research Contributing to Beneficial Use of Wastewater Solids -First Place National ( 1999). Colorado State Universil'/ has submitted their proposal for the cooperative research project on land appli cation of sewage biosolids on dryland wheat The 2004 studies include study sites at the Bennett site, the Kiowa site, and the Byers site, which is on the new farm. The cost for each study she is as follows: t ·~ ,• • • Bennett Kiowa Byers TOTAL FINANCIAL IMPACT $33,174 $6,298 ~ $78,977 The cost of the project is split 50/50 with the City of Littleton as a capital expense. LIST OF ATTACHMENTS CSU Biosolids Research Project Proposal Proposed Bill for an Ordinance u - _, CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS /MMEDIA TEL Y HEREAFTER. v ;. I C COUNCIL COMMUNICATION Date August 4, 2003 Agenda Item •• Subject Colorado State University Biosolids Research Agreement INmATEDBY STAFF SOURCE Littleton/Englewood WWTP Supervisory Committee Mark Van Nostrand, Senior Project Engineer COUNCIL COAL AND PRMOUS COUNOL ACTION Council has approved this research project annually for several years. RECOMMENDED ACTION We recommend Council approve by Ordinance an Intergovernmental Agreement with Colorado State University for the cooperative research projects on land application of sewage biosolids on dryland wheat in the amount of $78,977. BACKGROUND, ANALYSIS, AND ALTERNAll\lES IDENTIFIED Since 1982, the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP), in cooperation with Colorado State University (CSU) Department of Soil and Crop Sciences, has successfully conducted a continuous research program to observe the long-term effects of the application of biosolids for dryland wheat farming. The research has provided long-term research data and a sound basis of knowledge of the biosolids produced by the L/E WWTP and the environmental impacts of the product. The information has been used extensively as a public relations tool, as well. Additionally, the L/E WWTP /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. The long-term research demonstrates that the beneficial use of wastewater biosollds is an environmentally safe, economically beneficial, and agriculturally sound practice for recycling and conserving a valuable resource . The research has resulted in thirteen reference journal articles and book chapters, twenty-three technical papers, numerous bulletins and reports, one doctoral thesis (another in progress) and two masters' thesis . The research has benefited not only western states farming communities, but also biosollds researchers, regulators, generators, appliers and other environmental professionals in the following ways: L/E WWTP staff was recently notified that the biosolids program will receive the 2003 Rocky Mountain Water Environment Association Biosolids Management Merit Award. In 1999 the L/E WWTP and CSU received the U .S. EPA Outstanding Research Contributing to Beneficial Use of Wastewater Solids -Rrst Place National ( 1999). Colorado State University has submitted their proposal for the cooperative research project on land application of sewage biosolids on dryland wheal The 2004 studies include study sites at the Bennett site, the Kiowa site, and the Byers site, which is on the new farm . The cost for each study site is as follows: t • • Bennett Kiowa Byers TOTAL FINANOAL IMPACT $33,174 $6,298 ~ $78,977 The cost of the project is split 50/50 with the City of Littleton as a capital expense. UST OF ATTACHMENTS CSU Biosolids Research Project Proposal Proposed Bill for an Ordinance LAND APPLICATION OF SEW AGE BIOSOLIDS PROPOSAL FOR COOPERATIVE RESEARCH PROJECT BETWEEN COLORADO STATE UNIVERSITY AND LITTLETON/ENGLEWOOD JOINT COUNCIL 2004 2 I. Land Applicadon of Sewage Biosolida II. Penonnel Project Leaders: IIL Introduction K.A. Barbariclc, Professor G.A. Peterson. Professor J.A. Ippolito, Special Assistant Professor We have studied the beneficial use of Littleton/Englewood (UE) biOBOlids since 1982 at West Bennett, since 1988 at Kiowa, since 1993 at North Bennett, and since 1999 at Byers. We lost one of the West Bennett sites to development and research at the Kiowa location ii 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 fom locations and then present the total budget for om proposed research. IV. Bennett Stady 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 om original, long-term sites. Since we follow a fallow system for om dryland wheat study, we would use this site every other year. We will harvest wheat in summer 2003 at this site. 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 UE bi090lids. 8. North Bennett We initiated the North Bennett experimental location to replace the East Bennett plots that we lost in 1993 . Our fonner cooperating farmer at East Bennett, Kevin Helzer decided to grow irrigated crops on our study sites in 1993. We also changed the experimental approach at North Bennett to focus on detennining the N equivalency ofUE biosolids associated with repeated applications in a dryland wheat summer-fallow agroecosystem . We will complete harvest soil, grain. and straw sampling and analyses as we have in the past. ., • • 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 ratca on dryland wheat including grain yield, protein content, potential income and the N, P, K concentnaions after one application of liquid biosolids (1982) plus ten additions of dried bioaolids (1984, 1986, 1988, 1990, 1992, 1994, 1996, 1998, 2000, 2002). The next scheduled biosolids application is in 2004. 2. To quantify the N equivalency of repeated biosolids application under field conditions compared with commercial N fertilizer at our North Bennett plots. 3. To study the long-term effects oflJE biosolids on soil accumulation and wheat uptake of Cd, Cr, Cu, Ni, Pb, Mo, and Zn. 4. To study the long-term effects of IJE biosolids on As, Hg. and Se levels in soil and grain in the 0, 2, and S dry tons/acre plot.s for the North Bennett site and on the 0, 3, and 6 dry tons/acre plots for West Beiindt site A. Samples will consist of a composite of all replications for each rate for grain anal)'ICI. 'Ibis gives three grain samples each for both North and West Bennett. We also will composite separately the 0-20 and 20-6(k:m soil samples from the same plots u the grain samples. 'Ibis will provide us a total of six soil samples to analyze for each site. S. To determine the accumulated NO)-N levels to a depdi of 180 cm (6 feet) associated with repeated application of various N fertilizer or aewagc biosolids at our West Bennett site A and North Bennett plots. D. Bennett study sites budget (See Table 1 on the next pap). 4 Table 1. Proposed budgets for the West and North Bennett sewage biosolids studies. • Budget item 2003 ( euncnt bud&et) Propoecd 2004 Proposed 200S We will shift some hourly-labor costs to other projects to help accommodate the incrcascs in ovcrbcad. Assumes 50% of the student hourly'• effort OD the Bepnett and SO% effort on the Byers site. Assumes 5.S months on the Bennett study, 0.5 months OD the Kiowa study, and 6 months on the Byers study . We also assumed a 0% salary increase for 2004 and a 6% increase for 2005. We assumed that all other costs for 2004 and 2005 will ranain the same as either 2002 or 2003 (because of fallow conditions, we would harvest the West Bennett site in 2004 and not in 2003). Fringe benefit rates for the Special Assistant Professor were 19.2% for 2003 and estimated to be 20.0% for 2004 and 20 .1 % for 2005. The current off-campus overhead charge is 24.5%. 0 . 5 V. Kiowa Study Site A. Introduction We will continue to take water samples from the four wells on a quarterly or annual basis . Quarterly samples would include analyses for total N, NOJ-N, NH.-N, P, K. Ag, Al, As, Cd, Cu, Fe, Pb, Hg, Mo, Ni, Se, and Zn. We also will analyze the annual samples for cndrin, li.ndanc, mcthoxychlor, toxaphcne, 2,4-D, and 2,4,5-T. The objective of this study is continued monitoring of groundwater in four wells for total N, NOJ-N, ~-N, P, K. Ag, Al, As, Cd, Cu, Cr, Fe, Pb, Hg, Mo, Ni, Se, Zn, endrin, lindane, methoxychlor, toxaphcnc, 2,4-D, and 2,4,5-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. H Budget Item 2003 Proposed Proposed ( current 2004 2005 budget) Total $6147 $6162 $6298 One-half month of salary· covered in 2003, 2004, and 2005. We also assumed a 00/o salary increase for 2004 and a 6% increase for 2005. We assumed that.all other costs for 2004 and 2005 will remain the same as 2003 . Fringe benefit rates for the Special Assistant Professor were 19.2% for 2003 and estimated to be 20 .00/o for 2004 and 20.1% for 2005. The current off-campus overhead charge is 24.5%. ' .. ... 6 VI. Byen Stady Site A. Introduction With the development of the UE Byers biosolids-application site, we arc developing some practical, never-done-before research. No-till and minimum tillage management is increasing in popularity in castcm Colorado because it improves water conservation and allows more intensive cropping. Biosolids application could enhance the benefits of no-till or minimmn tillage by improving soil cover and soil physical characteristics when surface applied. Biosolids could work in concert with crop residues to allow farmers to meet the Natural Resoun:e Conservation Service 30% soil coverage required to .comply with conacrvation programs. Biosolids application could initially supply soil cover until adequate crop residue can accumulate. Continued additions may even provide production and economic advantages. Farmers may eventually use biosolids as an integral part of a conacrvation program. To date, we have applied biosolids for the fourth-year rotation to plots growing wheat, com, and sunflowers. B. Objectives Our objectives at the Byers site arc: 1. To determine if increasing biosolids application &om once every two years to two out of three years or four out of five years is a feasi.ble management alternative. 2. To detcnninc if biosolids behave like crop residues in terms of moisture storage and crop production. Available-water storaac and crop yields arc the properties of greatest interest. 3. To determine the effects ofbiosolids application at the agronomic rate compared with commercial N fcrtilizcr in three cropping systems on soil and grain accumulation of plant nutrients and tfflce clements limited by the Colorado Department of Public Health and Environment biosolids- application regulations . C. Procedarea Treatments: 1. 7 Three crop rotations: a. b. c. Wheat-fallow (typical rotation) Wheat-com-fallow Wheat-wheat-com-sunflowers-fallow (based on managing Farmer's interest) 2. Biosolids/fertilizcr treatments: a. Biosolids application to supply N recommended for the measured soil NOJ-N (e.g., the agronomic rate). b. Commercial N fertiliz.cr 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 half the plot and commercial fertili2Zr addition on the other half. All phases of each rotation will be present each year to allow usessment of all soil and crop responses each year. This requires a total of20 main plots and 40 split plots (2 replications, 10 cropping rotations, biosolids/fertilizer treatment splits). Each main plot will be 0.8 km (O .S miles) long by 30 m (100 feet) wide. Each biosolids/fertili:zer split would, therefore, be 15 m (SO feet) wide. E. Measurements We will complete the following measurements or analyses. 1. 2. 3. Annual grain and biomass yields. Complete records on farmer inputs. Plant-available concentrations ofNOJ-N, P, K, Fe, Mn, Cu, Zn, Na, Cd, Cr, Pb, Mo, and Ni in soil before each crop planting (determined in 0-5, 5-10, 10-20, and 20-30 cm samples from each replicated plot). t .. • • 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 soil sampling before each crop planting by hydraulic probe for NOJ-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, z.n, Na, Cd, Cr, Pb, Mo, and Ni in grain sampled from each replicated plot For annual As, Hg. and Se pain analyses, we will composite pain samples for each bi010lids or N fertilim-replication for each type of crop. This acheme will provide us with eight wheat, fom com, and two suntlcnw:r samples for As, Hg. and Se analyses each year. F. Ryen study site baclpts (See Table 3 ••~ant pap.) 9 Table 3. Proposed budgets for the Byers sewage biosolids study. Budget Item 2003 (current) Proposed 2004 Proposed 200S .. We will shift some hourly-labor costs to other projects to help accommodate the increases in overhead. Assumes SO% of effort on the 8ameU and SO% effort on the Byers site. Six months of salary covered in 2003, 2004, and 200S. We abo ISIUllled a 0% salary increase for 2004 and a 6% increase for 200S. We assumed that all other costs for 2004 and 200S will remain the same u 2003 . Fringe benefit rates for the Special Assistant Professor were 19.2% for 2003 and estimated to be 20.0% for 2004 and 20.1 % for 200S. The current off-campus overhead charge is 24.5%. --· 0 10 VII. Total Budgets We have tabulated the total budgets by location (Table 4) and by budget category (Table 5) for 2002 through 2004. Table 4. Total budgets by location for 2003-2005. Location 2003 (current) Proposed 2004 Proposed 2005 Total $75357 $73155 Table 5. Total budgets by budget categories for 2003-2005. Item PersoMCI Special Assistant Professor Fringe benefits Hourly student Travel Total 2003 (current) 35869 6886 1200 6211 $75357 H The current off-campus overhead charge is 24 .5%. $78977 Proposed 2004 35869 7174 1200 5808 $73155 Proposed 2005 38021 7643 1200 6211 $78977 ' . ... .. • • -- 0 . BY AUTHORITY ORDINANCE NO . 8IU. NO. S6 SERIES OF 2003 INTRODUCED BY COUNCIL MEMBER~~~~~- ABIU.IIOR ' AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STA TE UNIVERSITY (CSU) FOR TIIE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT . WHEREAS, SINCE 1982, TIIE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (lJE WWTP) in cooperation with Colorado State University (CSU) Department of Soil and Crop Sciences bu succeufully conclucted a continuous research program to observe the long-term effects of the application ofbiosolids for dryland wheat framing; and WHEREAS, the research bas provided long-term resean:b data and a sound basis of knowledge of the biosolids produced by the UE WWTP and the environmental impacts of the product; and WHEREAS, the UE WWTP/CSU research project bu 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 the beneficial use of wastewater biosolids is an environmentally safe, economically beneficial and apicultunlly sound practice for recycling and conserving a valuable raoun:e; and WHEREAS, the research bu benefited not only farming communitiea of western states fanning communities, but also biosolids researchen, regulaton, generators, appliers and other environmental professionals; and WHEREAS, in 1999 the UE WWTP and CSU received the U.S. EPA 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 2004 study includes study sites at the Bennett site, the Kiowa site and the Byers site; NOW, THEREFORE, BE IT ORDAINED BY TI1E CITY COUNCIL OF TI1E CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -1- .... .. • • Section l. The Colorado State University Biosolida 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 Univonity Biosolida Research Proposal for and on behalf of the Littleton/Englewood Wastewater Treatment Plant. Section 3. The Director of the Littleton/Eqlewood Wastewater Treatment Plant shall be authorized to further extend the ID1ergovemmeatal Colondo State University Bioaolida Research Proposal for the coopmative ~ project on land applicalion of aewqe biosolida on dryland wheat, between the Litt1etoa/Bnglewood Wutewala Treatment Plant and Colorado State Univenity, for five additional one (1) year periods. Introduced, read in full, and passed on tint reading on the 4tb day of Allpllt, 2003. Published as a Bill for an Ordinance on the s• day of Allpllt, 2003. Bcvcdy J. Bradlbaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk oftbe City ofEqlewood, Colorado, hereby certify that the above and foregoing is a tnJe ~y of a Bill for an Ordinance, introducod, read in full and passed on tint reading oo the 4 day of Allpllt, 2003. Loucrisbia A. Ellis -2- COUNCIL COMMUNICATION Date: August 4, 2003 Agenda Item: Subject: An ordinance amending Title 15, Chapter 1, Section 2 of the Englewood Municipal Code pertaining to nuisance codes. Initiated, By: Staff Source: Code Enforcement Advisory Committee Lieutenant John Collins COUNCIL GOAL AND PRMOUS COUNCL ACTION None. RECOMMENDED ACTION: The Code Enforcement Advisory Committee is requesting an ordinance amending Title 15, Chapter 1, Section 2, definitions, of the Englewood Municipal Code 2000, to correct language and punctuation in the definition of •nuisance", paragraph C, and amending Title 15, Chapter 13, section 1, Englewood Municipal Code 2000, by adding a new paragraph D. BACKGROUND, ANALYSIS, AND ALTEINAlMS IDENTIFIED: N/A FINANCIAL IMPACT: None LIST OF ATTACHMENTS Proposed Bill for an Ordinance 0 • ORDINANCE NO . SERIES OF 2003 BY AUTHORITY A BILL FOR 81LLNO.S2 INTRODUCED. BY COUNCIL MEMBER __ _ AN ORDINANCE AMENDING mLE IS, CHAPTER I, SECTION 2, DEFINITIONS, PARAGRAPH C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CORRECT LANGUAGE AND PUNCTUATION IN THE DEFINITION OF "NUISANCE". WHEREAS, there are cenain corrections needed in the definition of"Nuisance", Paragrah C, to clarify the meaning . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . City Council of the City of Englewood, Colorado, hereby amends Title IS, Chapter I, Section 2, Definitions, "Nuisance", Paragraph C, to read as follows : I 5-1-2 : Definitions . Nuisance: A condition which injures or endangers the public health, safety or welfare which includes, but is not limited to, the following : C. Any fence, wall, shed, deck, house, garage, building, structure, or any pan of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subsplcc. or any object stored on or in said premises; or any lot, land, yard, premises or location whiell in its entirety, or in any pan thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or mQre individuals in the City, in any one of the following paniculan: I . By reason of being a menace, threat and/or hazard to the general health and safety of the community . 2. By re as on of being a fire hazard. 3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property . 4 . By reason of ~rioration or decay becomes rodent infested, or which becomes a place frequented by trcspasserS and transients seeking a temporary hideout or shelter . • • s. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any or which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is hannful to the community in which such property is situated or such condition exists. Section 3. Safety C)auses. 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 bean a rational relation to the proper legislative object sought to be obtained. Section 4 . Severabjljty, If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or cin:umstanccs 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 ocher persons or circumstances. Section 5. lnconsjstent Qrdio1'19'1, All ocher 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 6. 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 SUSlaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of tbe penalty, forfeiture, or liability, as well as for the puiposc of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. ~ The Penalty Provision of Section 1-4-1 EMC. shall apply to each and every violation of this Ordinance. Attest: Introduced, read in full , and passed on first reading on the 4th day of August, 2003. Published as a Bill for an Ordinance on the 8th day of August 2003. Beverly J. Bradabaw, Mayor Loucrishia A. Ellis , City Clerk • • I, Loucrishia A. Ellis, City Clerk for the City ofEnaJewood, Colorado , hereby certify the the above and foregoing is a true !!lid comet copy of a Bill for an Ordinance, :"tm<:1 •~ccd, read in full, and passed on tint reading on the 4th day of Aupast, 2003 . Loucrisbia A. Ellis 0 ORDINANCE NO. SERIES OF 2003 • • BY AUTHORITY 0 D COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 12, CHAPTER IA, SECTION 4; TITLE 12, CHAPTER ID, SECTION I; AND TITLE 12, CHAPTER 2, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE WATER AND SEWER SECTION, AND INCREASING SEWER RA TES . WHEREAS, the Littleton/Englewood Wastewater Treatment Plant will require a major expansion of the existing facilities and construction of additional treatment processes; which is the result of rapid growth in the area served by the plant; and WHEREAS, the proposed rate increase will pay for increased costs resulting from these requirements; and WHEREAS, administration fees paid by the Littleton/Englewood Wastewater Treatment Plant were reviewed by a consultant and it was determined that an increase was appropriate; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the amendments to Title 12-lA-4, Title 12-lD-l, and Title 1°2-2-3 EMC pertaining to the Water and Sewer section at their July 8, 2003 meeting; WHEREAS, the Code section on water rates has been moved for clarification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter IA, Section 4, of the Englewood Municipal Code 2000, to read u follows: 1:2-lA-4 : Meter Requirements. A . Owners of property with connections for residential use having taps one inch ( l ") in diameter or larger, or for commercial use of any kind regardless ofsize of taps or service, or for residential use on premises with wading pools or other containers, whether permanently installed or not, with a capacity of two thousand (2,000) gallons or more which are filled from City supply, will be required to install water meters . All owners of property having unmetered water service shall be required to install approved water meters within ninety (90) days after the sale or transfer of the property or change in property use from residential to commercial or industrial . Whenever a meter is to be installed , it shall be supplied by the City at the owner's cost. The Fales MF 111etere4 Nl"I iee shall he fiAe4 lly NNlllliea ef the City Ce11111il1 ,.....illeei hewe\eP, lha1 e11e hill, Mr all .. 111er 1111il, eempe11il eflh1 •-eflilUIIHINIII IMl'IN Mr ' • • 8,- -h meter lt81tl atl a single ~tetive eharge fer all nater 11111l, IB8Y he i111111etl ill Ille felle .r. iBg eases: -1-e \\Qi-r.r.ater -,,iee is lalteB lhre11gh a eemhiaetie11 efm--. er lhrellgh lB811N e11 WJe fl~ ermeN NPYiee pipes, ifr.r.ater-.ieetl lhrellgh wh efNeh l!lllMal 8lltl a.viee pipee shell he tleli•.eretl 811ti ll6etl e11 llte -• prepeny heltlifts ill die pre11e1Hie11 efe111 gtllleFal pwpe11, er I siBgle 111te1pliN e11 811 ....,..._ heltlillg ef 18111i, lllltlivitletl hy pllhlie slfNIII, reetle er alleye: 8lltl ~ Iler all pllhlie eeheele, ,.,. thellgh llte m•'-IB8Y he eilllalell e1111p..se prepMiN. la ay -. When the City deems it to be in the best interest of the City and water consumers, the City may require any scheduled t1at rate user to take his or her water through a meter at the rates set by the City Council. Whenever a meter is to be uaed, it shall be supplied by the City. All meters for new accountl shall be supplied at the cost of the user. C. All meters installed shall be the same si7.e u the si7.e of the service pipe, except in instances where premises have been vacated by a user that required a larger service pipe to supply its demands than that required by the new user. In such cues, the meter me may be reduced appropriately. D. All consumers' water meters shall be serviced and maintained by the City, and the cost thereof shall be paid by the City, except that in the case of malicious damage, the cost of the repair shall be paid by the owner of the meter. E. All meters shall be set or reset according to City ltaDdards in a proper watertighl 111d frostproof pit within the limits of a public street or allc,y or inlide a building located on the property to be served. In every case the meter shall be located: I . So as to allow &cc and nonhazardous acceu for readill8, removal, inspection llld replacements. 2. When located inside a building, the meter shall be set so that the entire supply of water to the premises will be controlled by it at all times 111d shall have valvea on both sides of the meter. 3. When the rules and regulations of the City require metering and IIIOl'C than one service line is in use on a flat rate buia, each sucb aervicc must be metered 111d separately connected to the main concurrently with the meter inltallation at the customer's expense. 2 t • • 0 Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter ID, Section I, of the Englewood Municipal Code 2000, to read as follows: ARTICLED. WATERUSERRATESANDCHARGES 12-ID-l+--Rel Rates . Flat Rate A licensee on scheduled Oat rate shall pay the full rate as shall be fixed by resolution of the City Council and in effect at the time, for all the uses and purposes for which water may be used under his/her license without respect to the quantity of water which shall be used. No deduction will be made from the rates on account of any fixture not being used. If fixtures have been installed that are not wanted, a bonded plumber, upon obtaining a proper permit, may completely disconnect them from service pipes and waste pipes, whereupon, after inspection, the charge for their use will cease during the time they shall remain SO diSCOM~ted. Jl . MMJid BflG De A&Sf for P!GIPF4 KDicc lbfll be fixet bv IFIPlutiPP of the Citv Coupcit· prpyidgl bowevs ghat ooe bill for all wagq ner4 Si9PIP9IF4 pf the sum pf rnioirnum charges for each mFW Y¥4 and a 1iosle auagtjtative cJwse fw all wats ner4 max he ipuql in the followios sen· .L Whqe WIW Kmse ii lekm thrpwrb I ggphipagigp pf PK#Q 9( thrpwgh PK#Q OP two C2l or P¥D FriGC pmp iCYAkl FJrice4 dppusb SIFb of R5b PIMP N¥J service PiPFI lbfll he dpljwgd pd Y¥4 AP lbc PDF prppgty beklios ip lhp prpsg;ytisn, ef PAC srm:,1 JIPP9ICi or a Nosis SP!PJliK PP IP iptggtpt hpldins of land, HP4ixiflcd by publis ISmSls JPl4I or aUm; pd ~ For all Public scbpols GYSI thpugh tbs PlFIFP may be liDflrm1 pp IERNIIF JIP!Rtita Section 3. The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter 2, Section 3, of the Englewood Municipal Code 2000, to read as follows: 12-2-3 : Fees and Charges. A. Purpose . It is the purpose of this section to provide for the payment of all POTW costs, including costs of the City. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs. equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund . The charges will be based upon the quality and quantity of user's wastewater, and also upon the capital and operating costs to intercept, treat, and dispose of wastewater. The applicable charges shall be as set forth herein. B. General . There is hereby levied and charaed en each lot, parcel of land and premises served by or having sewer coMection with the sanitary sewer of the City or otherwise discharging sanitary sewqe, industrial wastes or ocher liquids, either directly or indirec tly , into the City sanitary aewer system an umual acrvice cJwae which shall be computed and payable as follows : 3 ' ... .. ~· • • -- a. b. C. d . I. The charge for sewage treatment shall be based on the gallonage of water delivered to the premises during the appropriate water meter reading period falling between November 1 and April 30. This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1,000) gallons provides the annual treatment charge. 2. A charge for sewer collection system maintenance shall be established annually by action of the City Council where premises are served by the City collection system. Where the City docs not own and maintain the collection system, the City will collect charges for maintenance of same only when authorized by the tenns of contract between the City and the sanitation district. 3. Where water usage information is not available, sewage service charges shall be computed using the current rate per one thousand (1,000) gallons and based on the following normal usage by class, as follows: 2Months 3 Months 12Months Single-family dwellings 14 21 83 Multi-family dwelling units 9 13 52 Mobile home units 5 8 52 Commercial (by meter size/capacity) 5/8 inch 19 29 116 3/4 inch 29 44 176 1 inch 49 73 292 1 1/2 inches 97 146 584 2 inches 156 234 936 3 inches 311 467 1,868 4 inches 487 730 2,920 6 inches 973 1,460 S,840 Normal usage by class will be checked by tabulation and averaging at least every five (S) years to detect and adjust for changes in patterns of water usage. 4. The minimum charge per year for sewage treatment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of operation and maintenance (O&M) costs. 5. Outside City customers will be charged one hundred five percent (105%) of the amount charged inside City customers for similar service to compensate for additional infiltration fr om the longer interceptor lines . This factor has been included in the Oat rate and minimum rate tables in subsection 88 below. 6. Charges for service to customers inside the City limits shall be billed in quartcr-umual in stallments in advance . Charges for sewer only service outside the City may, at the discretion of the City, be billed annually where this would not conflict with special provisions of a connector's agreement. All bills u-e due and payable u of the billing date and become delinquent thiny (30) days after the billing date. 4 ... .. . • • - 7 . User charges shall be reviewed annually and revised periodically to reflect actual treatment works O&M costs. 8 . The following rates shall become effective January 1, 2003 : Rate illerwe: 1.2 Sewage Treatment Charge Collection System Charge Total : TABLE INSET: $1.0049 $0.1337 $1.1386 SCHEDULE! In City SCHEDULE II Customer Clua CitySewen Billed Quar1lcrly Dillrict Sewen Billed Quar1lcrly Dillrict Sewen Billed Annually Dillrict Sewers Billed Qumterty Flat Rate Min. Rate Min. Rate Min. lute Min. In City Oullide City Oulaide City Flat Flat Flat Sinale Family 0...Uina $23 .94 Multi Family Per UnitSl4.82 Sl3.50 Mobile Home PcrUalt S9.12 Commerical & lnduotrill (by -•) 5/8" $33.00 3/4" $50.10 I " 183.10 I 1/2" Sl66.20 2" $266.40 3• S531.n 4" SIJl.12 Sll.71 S21.12 Sl3.08 Sil.I& SUI Sl.04 SJ0.06 S29.16 $45.60 $44.22 $75 .60 S73.31 SISl.26 S146.70 $242.46 S235 .14 $413 .84 $469.32 $756 .36 S733.56 SCHEDULE ID SCHEDULE IV Sl9.20 SU.56 $80.64 $22.14 "4.96 $49.92 Sl3.74 S12.4& $7.32 $33.14 SJO.n Sl.46 $26.52 S122 .40 Slll.36 SJ0.60 S40.26 SIIS.76 S168 .96 S46.44 $66.71 SJOl.16 Sll0.32 ffl.04 S133.50 $616.32 $560.64 S154 .0I S213.96 1987.60 $891.10 1246.90 $427.02 Sl,970.U Sl,793.76 1492.n S667.56 S3,0IO.U Sl,803.68 $770.22 Sl0.16 S7.68 $27 .84 $42.24 $10.0I S140.16 1224.70 $441.44 $700.92 6" Sl,662.30 Sl,512.n Sl,467.12 Sl,335.06 16,162.00 15,607.36 Sl,540.50 Sl,401 .84 8" $2,641.32 Sl,403.60 Sl,324.34 Sl,115.12 $9,791.70 $8,910.42 Sl,447.18 Sl,227.62 10• $3,796.92 $3,455.22 S3,341.34 S3,040.56Sl4,075.64 S12,80l.80 $3,511 .18 $3,202.26 Minimum clwgeo both inside ond OUllidc lho City an nindy...-pen:mt (91%) flit rue chap b die -claa inwlwd. TABLE INSET: Suspended Solida Per Pound $0.0389 Q Volume 12/1000 Gallon day of C1p1City S552 .15 BOD pound day of capacity $36.57 SS pound day of capacity $42.05 2. An recs aru1 charges ljsted 1e Jhif ¥00 12-2.3 sball he evmcs re, GWPMINixs increase for the PGxt five vaa C200J to 20QI\ M folm: On January 1 2004 , tbs SliWPB fw pd chaqp !bell be knnen1 by 1M IP¥WPI pf 15 9/, above the JMYNY I 2003 rw pd chagp, 5 t .,.. .. • • • On January l, 200S, the sxifflns fees ud chapp lhall J>e incn;wd bv the UPPYPt of 15% above the January 1 2004 fees and chargp. On January I 2006. the existing fg;s 194 cha[Bc;s lhall he irwnwl by the amount pf 15o/, above the January 1 200S fen IP4 ghargp. On January 1 2007 tJJe existins fees ud ghargp lhalJ he incn;wd bx the amgunt of 1s% above the January I 2006 fes;s and charges 0n January I 200s. the existing fees and charges ml!! he irzrewl by the UPPupt of 1416 above the Japuary 1 2007 fee, IP4 charffl Section 4, Title 12, Chapter 2, Section 3, Paragraph D, of the Englewood Municipal Code is hereby changed to read u follows: 2-2-3-D: If any water or wastes are diacbaraed, or are proposea · be discharged to the public sewen, which waten contain the substances or possess the characteristic: enumerated in subsection 12-2-28 above and, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receivin& waters, or which otherwise create a huard to life or constitute a public nuiaance, the City shall also charge the following feeg and take such enforcement action in accordance with Section 12-2-6 of this chapter u the City deems advisable . The City shall also require payment to cover the added cost surchar&e of handling and treating the wastes considered u "industrial wutea" by impoling the following formula: SC SC Q 8.34 UCo (i) (ii) AOD =, COD 8005 UC. ss 200 300 500 Q x 8.34 [UCo (AOD) + UCs (SS 300)) annual surchar&e in clollan and cam volume of ICWIIC dilcharpd to the public sewer in million gallons per year conve,rsion factor; I gallon of water to pounds Unit Charged for AOD in dollars per pound (SO 9160} Ifgm is less than 3.0, then AOD-(B005 -200 mg/I 8005 If gm is greater than 3.0, then AOD • (COD-500 mg/I 8005 Additional Oxygen Demand strength index in milligrams per liter Chemical Oxygen Demand strength index in milligrams per liter S day Biochemical Oxypn Demand strength index in milliarama per liter Unit Charge for SS in clollan per pound ($0 .0389) Suspended Solidi -,th index in millipama per liter normal 8005 atrength in millipum per liter normal SS strenath in millipum per liter normal COD strenath in millipama per liter 6 • • The application of the above formula provides for a surcharge for BOD, COD and for SS . If the strength index of BOD, COD or SS is less Ihm the bue number that is being subtracted from it, then there shall be no surcharge for that pa,ticu)ar category, nor shall there be a credit given to the total surcharge. Introduced, read in full, and passed OD fint reading OD the 2111' day of July, 2003. Published as a Bill for an Ordinance OD the 25th day of July, 2003. Read by title and passed on final reading on the 4• day of August, 2003. Published by tide as Ordinance No. ___, Scriea of2003, on the ~ day of Aupst, 2003. ATIEST: Beverly 1. Bndabaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A . Ellis, City Clerk of the City of Eqlewood, Colondo, benby c:atify that the above and foregoing is a true copy oftbe Ordinance pallOd on final readin& and publiabcd by title as Ordinance No ._. Series of 2003. Loucrisbia A. Ellis 7 IDINANCB NO. SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . SO INTRODUCED BY COUNCIL MEMBER GRAZULIS AN ORDINANCE AUTHORIZING THE PURCHASE OF HERBERTSON PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, in 1969 the City signed a 3S year lease for the Herbertson property located at 2800 South Plane River Drive with a renewal provision for an additional 3S years; and WHEREAS, the Englewood Servicenter, the Littleton/Englewood Wastewater Treatment Plant Administration Building and the primary clarifiers are located on the leased property; and WHEREAS, the 1969 lease contains a term that all of the improvements build and located on the site become the property of the Herbertsons upon termination of the lease in 2039 ; and WHEREAS , the City contacted the Herbertsons in early 2003 and proposed the potential of the City purchasing the property instead of renewing the existing lease ; and WHEREAS , the Herbertsons consented to sell the property to the City; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. Ttk City Council of the City of Englewood, Colorado hereby authorizes the purchase of the Herbertson property for $1 ,265 ,000. Section 2. The City Manager or bis designee is hereby authorized to sign on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on firs t reading on the 21 " day of July, 2003 . Published as a Bill for an Ordinance on the 25th day of July , 2003 . Read by title and passed on fmal reading on the 41 ~ day of August, 2003 . -1- Published by title as Ordinance No . ._, Series of 2003, on the 8'' day of August, 2003. ATTEST : Beverly J. Bradshaw, Mayor Loucrisbia 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 u Ordinance No . ._, Series of 2003. Loucrisbia A . Ellis -2- COUNQL COMMUNICATION Date: Agenda Item: __ Subject August 4, 2003 . .,.., ....... Central Computer Irrigation Control Svstem Initiated By: Staff Source: Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee. Mana1ter of Ooen Sn.ace COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action has been taken. RECOMMENDED ACTION BACICGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Parks Department is in the initial stages of upgrading the irrigation systems to more efficiently utilize water resources. Sta.ff is looking to install a central computer irrigation control system that would allow us to reduce water consumption and water costs. Requests for bid proposals were sent out to S vendors for a central computer irrigation control system. Three bids proposals from 2 vendors were received. One vendor bid two completely separate brands of systems. The lowest technically acceptable bid came from United Green Tech with a system priced at $41, 190.00. FINANCIAL IMPACT Sufficient funds were budgeted in the 2003 Conservation Trust Fund for this project LIST OF ATIACHMENTS Memorandum Request for Proposal Bid Tabulation Sheet MEMORANDUM TO: FROM: DATE: Jerrell Black. Director of Pub & Recreation Dave Lee, Manager of Open Space~ June 27, 2003 SUBJECT: Central Computer Irrigation Control S)'ltem The recent drought bu cbanaed the way that we all utilize our water 111pply. The Pmb Depar1mcnt ia in the initial ltlpl of uparadin& the inigation ayatema to more ofticiea&ly utili7.e our water resources. Tho Pub Department ia lookina to inatall a central computer irrigation control system that would allow ltaft'to reduce water conaumptioa and water COltl. Requeata for bid propoaala were aent out to 5 vcndon for a central computer iniption control ayatem. We received 3 bids for control ayatema (Motorola. Raiobinl and Rain Muter) back fiom 2 vendon. Tho lowcat technically acceptable bid came ftom United Green Mark for a Rain Muter central control ayatcm priced Ill $41,190.00. Bid pricoa are lilted aepmtely for various piocea of equipment. The coat of our initial lyatrm inatallation will vary ftom tbe quoted bid price~ OD which park aitee tut we choose to inmJI the equipment in due to the llalion controller and 1llllter valve liu that will be noceaary for each individual park aito. IQ any cue, we will not exceed the $50,000.00 budgeted in the CTF fund for tho project. Our plan ii to budpt money in future ycara until the entire park inigation ayatom ii equipped to nm from the central control system. I would like to proceed with the purchue of the Rain Muter cmtral computer irrigation O { control system upon ~val from the City Manager and Council. ~rLt I p{~ Pees,~· ~~ f/1/0> • • • REQUEST NO. ~116 DATE: May 28, 2003 REQUEST FOR PROPOSAL COMPUTERIZED CONTROL IRRIGATION SYSTEM The City cl Englewood wiD receive sealed proposals for supplying ·COMPUTERIZED CONTROL IRRIGATION SYSTEW as per specifica1lons no later than 10:00 A.M. prevailing time, June 12, 2003. Proposals will be received at the office of the Pwchaslng Division, 2800 South Platte River Drive, Englewood, Colorado 80110. Late proposals will !J2l be accepted under any circumstance, and any proposal so received shall be returned to the proposing firm unopened. In addition, telegraphlc and/or proposal sent by electronic devices are not accepteble and will be rejected upon receipt. Propoelng firms will be expected to allow adequate time for delivery cl their proposals either by airfreight, postal service, or other means. The City of Englewood is exempt from all federal, stete, and local taxes. GENERAL CONP~ Bidders are invited to, but not required to, attend tll8 bid opening. Bids racelved later than date and hour specified will be returned unopened. Price will be firm for a period of at least sixty (60) days from data cl bid opening. BIDDERS MUST SUBMIT PROPOSALS ON ATTACHED BID PROPOSAL FORM AND SUBMIT THREE (3) COPIES FOR EVALUATION PURPOSES. Proposals will be quoted F.0.B. Englewood, Colorado. Any exception to the minimum specifications, general CX>nditlons, and bid proposal shaU be stated as an •exception• on the bid proposal form. Bidders ant asked to mark enwlope ·coMPYDBIZIP CONTROL IRRIGATION SYSTEM" In lower left hand comer . ' • • 0 REQUEST FOR PROPOSAL NO . 03-116 ·• • COMPUTERIZED CONTROL IRRIGATION SYSTEM PAGETWO Bidders will be required to conform with the specifications. Deviations may deem the proposal unacceptable. If items called for by this request for bid have been identified by a brand name or •equar description , such identification is Intended to be desaiptlve, but not restrictive, and is to indicate the quality and charaderistlcs of products that will be satlsfacto(y. Bids offering •equar products will be considered if such products are clearly Identified and are determined equal by the department evaluating said products referenced in the request When providing a brand name or •equar item the bidder is required to provide the brand name and part number of the item proposed and any technical data, brochures or other information available for the item with their bid, so that the City can tachnk:ally evaluate the bid. Should a bidder find disaepancies in or Ofnission from the bid speciflcatlonslgeneral conditions or shall be in doubt as to their meaning, he shall notify the Buyer for clarification. If the point in question is not fully set forth, a written amendment wil be malled to au persons obtaining specifications. The City will not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this request for bid. No Otal lntarpretatlons shal be binding on the City. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID ARE IN ACCORDANCE WITH THE REQUEST FOR BID WHEN THEY ARE BIDDING TO THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FOR BID. The Bidder shall be required to have sufficient propert)', llability, and 'Mlfkers c:ompensatlon insurance and to provide the City with copies of the certificate ci Insurance. The successful Bidder will not disaiminate against any employee or applicant for employment because c:l race, color, religion, sex or national origin and wil comply with the Americans with Disabilities Ad. The successful Bidder shall adhere ID ~ affinnative action guidelines in selecting employees and shall ensure that employw .. treated during employment, without regard to their race, color, rellgion, l8X or nallanal origin . Such action shal include, but not be lmlted ID, the folowlng: employrnn. upgrading, demotion, or transfer, reaultment or recruilment acMrtiling; layoff or termination , rates c:l pay or other fonns or compensation; and 11l1dion for tralrq, including apprenticeship. ' -~ ,, • • REQUEST FOR PROPOSAL N0.~116 COMPUTERIZED CONTROL IRRIGATION SYSTEM PAGETHREE The City cl Englewood shall have the right to r9jec:t any or al bids, and to waive any informallllas or imlgulartlles therein and request new proposals when reqund. In addlllon, the City reeerws the right to accept the proposal deemed meet adval ltagecua ID the beet interast cl the City. The opllon cl selecting a partial or cxxnplete bid shall be at the dilc:rellon cl the City cl Englewood. Any award made in response to this Request for Bid wl be made to that ntlP(lnlible bidder whose offer technlcally wll be most advantageous to the City -price, delvery, eatlmal9d cast cl lrwlsportallon, aid Olher faclors coneldered. The City cl Englewood is an .wtrorvnentaay COfllCioul City. V.-.b'I supplying producla made from recyded materials and MW'OI mentally sound packaging wll be given preference when all other evaluation criteria is deemed equal. The Bidder is required to provide the model number, any technk:al data, broc:tues or Olher information available for the equipment they are proposing with their bid In order that the City can technically evaluate the bid. Bidders shaU ~ Dave Lee, Open Space Ma,ager, telephaiie (303) 789-3879 an In/ technical questions. Bidders shal contact Don Clarke, Purc:hallng Admlnillnllor, Proa.rwnent DMslon. telephone (303) 762-2393 on any questions relating to the Request for Bid and Mlrinun Specifications. CITY OF ENGLEWOOD Don Clarke Purchasing Administrator • ••• • COMPUTERIZED CONTROL IRRIGATION SYSTEM It is the intent of the City of Englewood to purchase a Computer Controlled Irrigation System for the purpose of controlling the landscape irrigation at multiple sites throughout the City. The City is interested in obtaining the best and most economical system based on the criteria outlined in this document The actual implementation will be a phased process which will occur at the City's discretion. The City's intent is to install a high-tech, IBM compatible computer controlled irrigation system that will use radio communications as the medium to transmit data from the field back to the base station unit and from the base station to field. This communications medium has been determined to provide the highest level of reliability and flexlblllty to the City for this project. Therefore, no other forms of corTmunicatlon will be considered for this system. This system must be highly efficient and be expandable to incorporate the City's entire current irrigation, and all future irrigation systems. This system must be a field driven system, where the daily operations of the irrigation are managed from a field controller, and from the base station central. Should the base station computer ever fail, or be taken off-line, the field units must have the capabilities of automatically continuing with their normal programmed operation. The successful proposer will have an individual(s) on staff that is fully knowledgeable about the proposed system. This individual(s) must be available to provide direction as to the installation of the equiprrienl Provide the ability to trouble shoot problems within the system and assist the City with the successful Implementation of this system. It Is critical that this individual(s) be available on an as needed basis to minimize down time that the City may experience In installing and implementing this system. The successful proposer will provide on site and classroom training on the computer control system as well as provide software/hardware support during the warranty period at no additional cost to the City. The City requires a orie year warranty. The successful proposer will warranty and be responsible for all equipment supplled, including but not limited to hardware, software, field units, remote devices, transmitting and receiving equipment. antenna, flow meters, master valves, etc. · The irrigation control system shall have the features and functions as specified. In the event that the irrigation control system does not have the specified feature or function, the bidder will clearly list feature or function as ·exception" to the bid. The City of Englewood reserves the right to completely rejed any bid which does not specifically list all exceptions . All bids shall indude a site assessment survey. Bids shall Include al necessa,y hardware/equipment necessary for a COIY.plete and operational installation by City employees. All prices and quantities must be clear1y stated . The base station will be located at the City of Englewood Service Cenw . 2800 S. Platte River Drive , Englewood . Co. 80110. ' ... ,•' I-, • • BASESJATIQN 1. Computer equipment • Late model IBM PC compatible c:ompuler bale station with all applicable hardware and software, Including any reqund cabling and Interface to radio transmitting/receiving equipment and weather statlon(s). 2. Transmitting and receiving equipment • AU radio and Interface equipment required to allow communications between the base station and field units, lncludlng a base station antenna with lightning and surge protac:tlon. FIELD LOCATIONS 1. Field unit with all required transmitUng/rec:eMng equipment, llghtnlng and surge protection. 2. Requlrect station controllers, master controllers, flow meters and/or master valves required for operation of system. COMMUNICATION W1JH FIELD UNITS VIA RAQIO fREAUEMCJ. The successful proposer will be responsible for providing a Radio Site Survey. This wiU occur prior to the installation of any field hardware. The site uvey must document and provide the following: a. Available Frequencies that do not interfere with other radio equipment operating in the .-ea, and aR required pape,work to file with the FCC for llcenslng at the determined frequency. b. Specific information conc:emlng the baae station antenna requirements to provide complete citywide coverage. QAJA COMMUNfCAJION RESPONSIBILITIES 1. The following communicatlorl capabilltles are vital to the successful and compliant proposed system: a . Stop the entire system under the control of the CCIS. b . Return to run the entire system under the control of the CCIS. c . Change the water factor for the entire system under the control of the CCIS . . • • 2. The CCIS shall have a capability from the field satellite units, that reports extraordinary events in the field, cause the satellite units to Initiate a two-way (transmit and acknowledgment) data IKnt to the central computer station. Extraordinary events that can initiate reporting Include, and .,. not limited to: 1. Change made via a keyboard in the field unit. 2. Power failure / power 18SUmed 3. High flow alarm on a single valve piogrwn. 4. Low flow alarm on a single valve program • 5. Unopened water on a single valve program 6. Mainline burst alarm FUNCTIONAL SPECIFICATIONS· SQFJWARE 1. The CCIS shall be centrally programmed -Irrigation sites shaU be programmed and monitored from one central location. 2. The CCIS shall provide conditions programming -Inputs from sensors reported by the field satellite to the CCCIS allowing the user to program a response that affect the system operation. 3. Event or Contention reporting shall be supported by the CCIS baled on satellites that self-initiate convnunicatlon into the central. The CCIS shal provide the following automatic reporting of events: a. Rain stat initiated shutdown b. Change made via a keyboard in the field satellite c. Power fail and restore in the field d. High flow on and program e. Low flow on any program f. Unopened water on any program g. Burst on any main line h. Leak on any main line i. Clear all of memory in the field satellite j. Change of address and communications type in the field satelUte. WEATHER SJADQN SPECIFICATIONS; 1. The weather station should consist d the folowlrlg eensors: wind, rain, ET. temperature, humidity, IOlar radiation and baromalrlc prelSlft. 2. The central Irrigation c:antrol system should be able to accommodate mulllple weather stat!ons Independent d each other. 3. The weather station should allow for Independent, automatic rain shut down. 4. The weather station should allow for Independent. au1IDmatlc wind shut down and resumption. TQ INCLUDE ALL TRAINING, SIJ'E, CLASSROOM MP IN THE BEbQ BID PROPOSAL COMPUTERIZED CONTROL IRRIGATION SYSTEM ITEM ESTIMATED t:!Q. QE~Blf!!QN QUANTITY BIQPBICE 1. Computer Control Irrigation System 1 $ ' Including hardware, software and au required equipment to interface .. to radio system .. 2. Operating Manual & Training 1 $ 3. Radio Site Survey & FCC licensing 1 $ paperwork 4. Base radio station and antenna with 1 $ all required lightning and surge protection 5. Field satellite antenna. receiving equipment $ with all required lighting and surge protection 6. Complete weather station with au ~ulred 1 radio interface and equipment to Include wind, $ lemperatwe (high/low). humidity, preclpilatlon, ET, and barometric pressure sensors. 7 . Station master controllers with surge protection Qty's will vary, based on City's needs (please list Manufacturer, model number and individual price): 48 station controller $ Manufacture/model # 36 station controller $ Manufacture/model # ~ 24 station controller $ Manufacture/model # 16 station controller $ Manufacture/model # ~ • 12 station controller $ • • Manufacture/model # BID PROPOSAL COMPUTERIZED CONTROL IRRIGATION SYSTEM 8 st.Jtlon controller $ Manufadurelmodel # 8. Stalnle8s steel ~ l'l'1CU1t enc::lou9 $ Qty's wlU vary based on the City's needs 9. Stainless Steel Cabinet mount enclosU"e $ Qty's wll vary based on the City's needs 10. Station master oonlrcl valves Qty wl vary based on City's needs: Station master oonlrcl valve 1 • $ Manufactuntlmod # Station master oonlrcl valve Z' $ Manufactln/model # Station master oonlrcl valve 3" $ Manufactute/model # Station master oonlrcl valve 4• $ Manufadurelmodel # 11. My additional equipment required to insln $ C001)lete system is wor1q (please allach lllmlz8d list d items Including the each price) TOTAL BIO $ Estimated dated dellvefy _____________ _ ALL MATERIAL F.O.B. CITY OF ENGLEWOOD 2800 South Plan. Rlvw Drive Englnraad. CO 80110 · INVOICING TERMS ________ _ PRICE QUOTE FIRM FOR __ DAYS. EXCEPTIONS: ___________________ _ BY: NAME (Pl.EASE PRINT) DATE SIGNATURE TITLE COMPANY ADDRESS TELEPHONE -- Bid Opening Date: June 12, 200310:00 p.m. J · ••• ··.·> .. -, . . . . . . .. ..,. 0 ~-,· ~ .. . .... . . . . . . 11 ,,9 -r . ·,,: -~.·,;"'.:_ •• ,~·: 'l1 , .... " .. ·.,· •. ·t •. :-' .. ~ .. .-.~.~,· ... ~-.-:•: .· .• / ,· ·• ~· '=i." • ... •.• ; .. " t • Bid It C tral C te lrrl ti C trol S em: en ompu r ga on on 1ystem ln.Jvendor L!nD!g DIIC ~Hclltzon lnlalll LL Johnaon °""'1pllon Price Information Computl,r Con1rol lnlgatlon System with lntefface II 1 radio~ and aollwaw 1 NoBlcl Nollld NoBlcl S 12,954 .19 See Dela~ 2 Operallng Manual & Training 1 s included in above 3 Radio Site SuMty & FCC llcllnllng paperwork 1 s 525.00 See OelaU Base radio llalloo and anlllnnll with all requlnN: 4 llghlnfflg and IUlgll PIOlecllon 1 s included In above Fl!lld satallte antenna, AIClllNlng equlpl'*1I with al 5 requlnld llghlnfflg and IUlgll prollclorl 1 $ iilduded in above Complete wa1her lla1lon wit! all niqund radlc ~ & ~ lo Include wind. (high/low), humtdlty ~tlon. & bammetrtc sw-n 6 MnlOrll 1 S 10,500.00 See DelaU Statton maa1ar _..,...,.. w1tt1 •uroe proC9ct1on: 7 Nat all ltema bid -n/a 48 lla1lon oonlnlller ea s 14 ,636.34 Motorola 38 station oonlnlller ea s I 16 1.26 32 Slaton Motor 24 station conlrohr ea s n/a 16 station controler ea s HJ . 95 Motorola 12 station controller ea s nta e station controlle r ea $ n/a 8 Stainless sleel pedestal mount enc:1oeun1 ea -s included in abo\111 9 Stainless Steel Cabinet mount enc:loeunl ea s lnduded In above 10 Station master con1ro1 valYes : Station maier control VaMt 1· ea s 355.84 1 1/2" Bermad Sidon maier con1rol VaMt 'Z' -s 389.20 Bermad Sidon maier control VaMt 3" ea s 611 .60 Bermad Slallon maier IXlnlnll VaMt 4" -s 988.90 Bermad TOTAL tllD: Nat al ..... bid, -Illa S 12,121.21 11 ,...... --lbt s 814.95 See Ellatlllians 1Ao24o1 120V S.-proladlarl Rain Bini s 169.29 modem ,_ p,ol9clarl _ .. -s 882.6 7 key oad Pl,-----s 3.112.79 Remote controller lMllacl Oral M111t Flow 8elllq Equlpmall 1" see various • . . ' "'· . ., . ' Unllad 0-Marte •ubmlll9cl two blda 111d 11am 1 Price lnfonnallon 111d 11am 2 lnformMlon s 8,100.00 RalnMallr s 12,!IOO.OO Rain 8ml • . lncludad s . Included s 1,000.00 --s 1,000.00 s 3,4CIO.OO s 9,!I00.00 s 2,3112.00 RDMB-K s 1,280.00 • 7,9911.00 RalnMallr s 11,!IOO.OO s 4,335.00 RalnMallr • 2,823.00 Rain lliRI s 3,488.00 RalnMallr s 2,128.00 Rain lliRI s 2,11111.00 Rain--s 1,717.00 Rain lliRI • 2,281.00 RalnMallr s 1,518.00 Rain lliRI s 2,11116.00 RalnMallr s 1,215.00 Rain lliRI s 1,1138.00 Rain MNlllr' s . n/a • 1,280.00 s 1,280.00 s 825.00 s 825.00 s . s . s 72.00 -s 72.00 -s 112.00 -• 115.00 .. _ s m.oo .. _ • 325.00 -• a.oo ...... • 1119.00 a.mad • • 41111M • ....... .......... • 30.00 -l'lat. Rain ..... • 287 .00 --Rain ..... • 340.00 ........ I 1.JIIIUIII ,_......, I 431.00 -- ~GINIMIIIII"---1-111' oe...lllme II 11-......... • ... law-- 11-cai.i ........ r 11 111111 .......... • 43UIO law-- ~GINIMIIII"---r II 1---.......... • 41'.CIO law-- &.-..GINIMIIIII"-~ • 1.2IUB .......... II -.00 law-- Ulllar ID 11111111 PH a ·--.......... • 2ID.CIO ... __ . ..,.,._,. .. -• ..... • ,...,. COUNCIL COMMUNICATION Date Agenda Item Subject Temporary Moratorium on New Residential Aursust 4, 2003 I Construction INITIATED BY STAFF SOURCE Community Development Department Tricia Langon, Senior Planner COUNCIL GOAL AND PRMous COUNCIL ACTION City Council approved Emergency Ordinance 28 on May 20, 2002. The moratorium established a temporary suspension of the issuance of building pennits for new single-family attached and multi- family residential construction in an area bounded by West Evans Avenue on the north, West Vassar Avenue on the south, South Tejon Street on the east and South Zuni Street on the west The moratorium also prohibited all land subdivisions in this area. The moratorium was extended twice (Ordinance 46, Series of 2002 and Ordinance 29, Series of 2003) and is currently scheduled to expire on November 24, 2003. RECOMMENDED ACTION; Staff recommends that City Council approve an extension of the moratorium's timeframe until February 27, 2004, and remove the subdivision prohibition to allow the subdivision of land in the area of the moratorium. BACKGROUND; At a City Council Public Forum on April 1, 2002, community members expressed concerns regarding the quality of residential structures being built in northwest Englewood. City Council discussed the concerns at the April 8, 2002 study session in relation to the Comprehensive Zoning Ordinance. Council detennined that establishment of design standards was necessary to protect the viability of the neighborhood and the interests of the community. The moratorium was established to allow time to prepare and adopt the Unified Development Code (UDC), the update of existing land use and zoning regulations, including the requested residential design standards. These standards are intended to insure that new construction is more consistent with existing neighborhood character. More recently, during the moratorium property owners have made inquiries regarding subdivision of property into two or more lots for the purpose of selling the lots for construction of new homes. The moratorium 's subdivision prohibition hinders development options for pennitted single-unit constru ction. Lifting the moratorium's prohibition of land subdivision would result in single-unit deve lopm ent only on any newly subdivided lots because the moratorium would continue to prohibit two-unit de velopment The adoption process for Phase 1 of the UDC, including residential design standards, is scheduled to beg in with public hearings before the Planning and Zoning Commission by September 2003. Final adoption is anticipated in late 2003 with an effective date of early 2004. The additional extension ensures that the UDC will be adopted and effective before the moratorium's expiration. FINANCIAL IMPACT; Building permit fees for new single-family attached and multi-family construction will not be colected during th e moratorium . Land subdivision fees would be generated for any land that is subdivided during th e moratorium. No additional financial impacts have been identified. LISI OF ATTACHMENTS; Bill fo r Ordinance t .· .. ... • • ORDINANCE NO . SERJES OF 2003 BY AUTHORITY AIILI.POa CXIIICa.1111.L NO. 58 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMil. YA TT ACHED AND MULTI- FAMILY RESIDENTIAL CONSTRUCTION IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NORTII, WEST VASSAR A VENUE ON 1HE SOUTII, SOUTH TE.JON STREET ON THE EAST AND SOUTH ZUNI STREET ON 1HE WEST, FOR AN ADDmONAL SIX MONTHS BUT ENDING 1HE MORATORIUM ON 1HE SUBDMSION OF PROPERTY . WHEREAS, comtituenll broupt to the City Council's ltlentiOD a COllCCl11 regarding design ltandards in the area loc:ated between West Evans Avenue OD the north, West Vassar Avenue oa the south, South Tejon Street OD the east, and South Zuni Street on the west; and WHEREAS, City Council bas reviewed that conccm and fOUDd that the d sign standards in the area localed between West Evans Avenue OD the north, West Vassar Avenue on the south, South Tejon Street OD the eut and South Zuni Strm OD the west need to be updated; and WHEREAS, control of the permitting and zoning of these facilities arc legitimate exen:iles of local police power; and WHEREAS, the oripial moratorium on the issuance of permits for new single-wnily attached and multi-wnily raideDlial comtruction, or 111y bousina requiring the subdivision of property, in the area loc:aled between West Evans Avenue on the north, West Vassar Avenue on the south, South Tejon Street on the eut, and South Zuni Street on the west was to give the City staff time to collect information and work clolely with the Enalewood community to revise zonina rqui.ions that protect the interests of the community; and WHEREAS, City staff is coordinating these design standards with the proposed Unified Development Code; and WHEREAS, on April 24, 2003, the moratorium was extended until November 24, 2003; and WHEREAS , the moratorium on subdivision of property hinders development of permitted ingle-unit construction, and Council wishes to remove that restriction &om the moratorium. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, TIIAT: ~-The City Council finds the provisions ofthia Ordinance arc temporary in nature and arc intended to be replaced by subsequent legislative enactment The temporary u pension of permits for new single-family attached and multi-wnily residential construction in the area located between West Evans Avenue on the north, West Vassar Avenue on the south, • . .. , • • South Tejon Street OD the cut and Soudi Zuni Street OD the west shall terminate OD February 27, 2004. ~-The temponry llllpelllioa of permits shall not apply to permits for single- family detached boules, ranoclcla, and acccaory structures or the subdivision of property but will apply if the residence is entirely demolilhed. Smiml. The Enalewood City council directa City staff to clcvelop appropriate recommendaliona to Council, to be comistmt with thil Ordinance 111d to continue to collect information and work clolely with the Englewood community to revise 7.0lling regulations which protect the interests of the community Introduced, read in full, and paaed OD tint reading OD the 4• day of August, 2003 . Publilbed u a Bill for an Ordinance OD the 8th day of August, 2003. Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of F.nalewood, Colorado, hereby catify dial the above and foregoina is a true copy of a Bill for an Ordinance, introduced, read in fuU, and passed OD tint reading OD the 4• day of August, 2003. Loucriahia A. Ellil DATE: August 4, 2003 INITIATED BY: 0. COUNCIL COMMUNICATION AGENDA ITEM SUBJECT: Economic Development Commission - ft.al Enterprise Zone Marketing and Administration Grant -EDC #551 STAFF SOURCE: Darren Hollin COUNCIL GOAL AND PREVIOUS couNqL ACTION; Community Development Goal: Initiate business retention, revitalization, and growth strategies. Community Development Goal: Leverage ·City resources through grant funding. City Council has approved previous marketing and administration grant contracts with the State of Colorado -Economic Development Commission to support the Arapahoe County Enterprise Zone. RECOMMENDED ACTION; Staff recommends that City Council approve the attached Bill for Ordinance accepting $9,500 from the State of Colorado -Economic Development Commission (EDC). This grant will be used to fund marketing and administration activities for the Arapahoe County Enterprise Zone. A portion of this funding could be used to pay for the proposed enhancement to the City's web site. The proposed ordinance also authorizes a transfer of matching funds from the General Fund Unreserved Fund Balance to the Community Development Budget BACKGROUND, ANALYSIS, AND ALTERNAlJYES IQENTiflEQ; In 1990, the City applied to the State of Colorado and was granted Enterprise Zone status for a majority of the industrially and commercially zoned property in Englewood. The South Broadway corridor and CityCenter Englewood site received Enterprise Zone designation effective July 1, 1998. The Enterprise Zone was also expanded on November 6, 2001 to indude the Englewood medical campus induding Swedish Medical Center and other surrounding businesses. The tax benefits during 2002 to Englewood businesses located in the Arapahoe County Enterprise Zone total $573,130.16 In tax credits through the State of Colorado. The Economic Development Commission has a competitive grant program for Enterprise Zones,, which provides marketing and administrative support This is the 8th consecutive year Englewood has applied for and received this funding. The Enterprise Zone marketing grant is used in Englewood as an incentive to support business retention and community marketing activities. Marketing activities funded with this grant encourage businesses to take advantage of Enterprise Zone tax credits and highlight the Englewood business community. FINANCIAL IMPACT; The Economic Development Commission requires that the City provide matching funds to meet grant requirements . The attached contract between the Economic Development Commission and the City of Englewood pledges $9,500 in local matching funds to meet this obligation. These funds are lnduded in the Community Development departmental budget Grant and matching funds wiU be used for a variety of Enterprise Zone marketing and administrative activities. LIST OF AflACHMENJS; Proposed Bill for Ordinance Ec onomic Development Commission -Contract -EDC#551 ,. ' .. .· • .. • • ORDINANCE NO . SERIES OF 2003 BY AUTHORITY AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STA TE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE ACTIVITIES IN THE ENTERPRISE ZONE. WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and wu granted, Enterprile l.one stalUI for a majority of the industrially and commercially zoned property in the City of Englewood; and WHEREAS, the South Broadway corridor and the Cinderella City site (now Englewood CityCentcr site) received Enterprise l.one status designation effective July 1, 1998; and WHEREAS, this is the eighth year in which the Community Development Department of the City of Englewood has applied for and received such funding; and WHEREAS, the Enterprise Zone is used in the City as a vehicle for busineu expansion, attraction and retention; and WHEREAS, by encouraging businesses to take advantage of Enterprile Zone tu credits, an opportunity is created for businesses to strengthen operations~ reinvestment oftbeae dollan back in their business; and WHEREAS, the Colorado Depar1mcnt of Local Afl'ain requires that the City provide matching funds to meet Grant requirements; and WHEREAS, the Contract between the Colorado Department of Local Affairs and the City of Englewood pledges $9,500.00 in local matching funds to meet this obliption; and WHEREAS , this Grant and the matching funds will be used for Enterprise Zone marketing and administration in the City of Englewood; and WHEREAS , these funds are already budgeted in the 2003 Community Development Department budget. , NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1, The Contract between the Colorado Department of Local Affain, Economic Development Commission, and the City of Englewood for a Grant of $9,500.00 to be used for Enterprise Zone Marketing and Administration is hereby accepted, a copy of which is aaacbed hereto as Exhibit 1. Section 2, The City Manager and City C1erk are autborized to lip and attell Aid t .. • • Contract for and on behalf of the City of Eu cwood. Section 3, The Director of Finance and Administrative Services ia authorized to transfer matching funds from the General Fund Unreserved Fund Balance to the City of Englewood Community Development Budget. Attest: Introduced, read in full, and passed on first reading on the 4• day of August, 2003 . Published as a Bill for an Ordinance on the 8111 day of August, 2003 . Beverly J. Bndsbaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk for 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 OD first reading OD the 4111 day of August, 2003. Loucrilbia A. Ellis • • • EDC#~ CONTRACT THIS Contract, made this __ day of ...1QQ.L. by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development, Economic Development Commission ("E.D.C."), 1625 Broadway #1710, Denver, Colorado 80202, hereinafter referred to as the State, and City of Englewood. 1000 Englewood Parkway. Englewood, CO 8011 O , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made ava~able and a sufficient unencumbered balance thereof remains available for payment in Fund No. i& Approp. Code , Org. Unit Contract Encumbrance No. E4EDC551 : and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to promote economic development in Colorado by assisting local communities in expanding their economic base; and WHEREAS, pursuant to 24-46-101 to 105, C .R.S. 1987, the Colorado Economic Development Fund is created, and is to be administered by the Colorado Office of Economic Development in the Office of the Governor; and WHEREAS, applications fnr distributions from the Colorado Economic Development Fund have been received by the Economic Development Commission; and WHEREAS, the Economic Development Commission has reviewed and recommended to the Govemor that the project described in this contract be financed with a grant; and WHEREAS, the Governor has reviewed the proposed expenditure of money from the Economic Development Fund to finance the project described in this contract; and WHEREAS, the Contractor is an eligible recipient of Colorado Econom~ Development funds; NOW THEREFORE it is hereby agreed that 1 . Scope of Services . In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A. hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part of this Project. 2 . Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of the employee or agent of Contractor identified in the attached Exhibit A., who is hereby designated as the administrator-in-charge of this Project. At. any time the edmlnlstrator-tn-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement aulgnment. 3 . Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as prac:tlcable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Tme of Performance" in the attached Exhibit A . No Economic Development Commission Funds provided under this contract wll be expended prior to the full execution of this contract. The Contractor agrees that lime la of the euence In the Page 1 of 7 Pages t t .... . .. • • - 0 performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the "Time of Performance.• 4. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed NINE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS {$9,500). The method and lime of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 5 . Accounting . At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to this Contract property executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph 5above. a . Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b . The Contractor shall request the ~ payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been properly spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c . Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time . 6. Audit. The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract unbl five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. Whether or not the State calls for a d iscretionary audit,3s provided for in this paragraph, if the Project is accomplished within a single fiscal year of the Contractor. the Contractor shall, at the conclusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Economic Development Comm ission . Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year. 7 . Personnel. The Contral.ior represents that he has, or will secure at his own expense, unless otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services . Page 2 of 7 Pages .. t . .. .. • • 8 . T.ermination of Contract for Convenience of Either Party. Either the State or the Contractor may terminate this Contract at any time the party determines that the purpose of the Contract would no longer be served by completion of the Project. The party desiring to terminate the Contract shall effect such termination by giving written notice of termination to !he other party and specifying the effactive date thereof, at least thirty (30) days prior thereto. In that event, all finished or unfinished documents and other materials shall, at the option of the State, become its property. Contractor shall repay funds advanced and not expended in accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience. 9. a. b . c . Tennination of Contract for cause: Repayment of Advanced Funds If, through any cause, the Contractor shal fal to fulfll In a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shal thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective data thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, media contracts and reports or other material prepared by the Contractor under this Contract shaft, at the option of the State, become its property; and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined. If funds have been advanced to the Contractor, Contractor shall repay such funds to the extent they are not expended in accordance with the terms of this contract at the time 0: termination . 10. Cbin9n. The State may, from time to time, require changes In the scope of services of the Contract to be performed hereunder. However, this Contract is Intended as the complete Integration of al understandings between the parties at this time, and no prior or contemporai ieous addition, deletion, or other amendment hereto, including any increase or decrease In the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract amendment Incorporating such changes executed and approved pursuant to the State's Fiscal Rules . Notwithstanding this provision, changes in the time of performance may be agreed to by letter if so provided for In Exhibit A. and contractor may make adjustments of less than 1 O percent In budget line items as provided for In the "Accounting" section of th is Contract. 11 . a . b . Conflict of Interest. No employee of the Contractor shall perform or provide part-time servk:es for compensation, monetary or otherwise, to a consultant or consultant ftrm that has been retained by the Contractor under the authority of this Contract. The Contractor agrees that no person at any time exercillng ,ny function or responsibility, in connectiori with the elements of this project that .. llnanced wllh State funds, on behalf of the Contractor shall have or acquire any personal flnanc:lal or economic interMt. direct or indirect, which will be materially affected by thil Contracl. except to the extent that he may receive compensation for his performance IU"lt*'lt lo Illa Ci' onlracl c . A personal financial or economic int ... t lnc:ludN, but ii not llmlled ID : i. any business entity in which the penon hal a dnct or lndnct monetay lnllrNt; Page 3 of 7 Paee• t .. • • (J ii. any real property in which the person has a direct or indirect monetary interest; iii . any source of income, loans, or gifts received by or promised to the person ~in twelve (12) months prior to the execution date of this Contract; iv. any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management. For purposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by an agent on his/her behalf, by a general, limited, or silent partner of the person, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by a person If that person, his/her agent, or a relative as defined above possesses more than fifty percent (50%) of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars ($1,000.00). d. In the event a conflict of interest, as desaibed in this Paragraph 14, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a fun disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the StAte, the State res81'V9S the right to terminate the Contract for cause, as provided in Paragraph 11 above. Failure to file a disclosure statement required by this Paragraph 14 shall constitute grounds for termination of this Contractfor cause by the State. 12. Subcontracts. Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Economic Development Commission upon request by the State. Any and all contracts entered into by the Contractor shall comply with aH applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary . 13. SeverabWity. To the extent that this C ontract may be executed and perfonnance of the obligations of the parties may be accomplished within the intent of the Contract. the terms of this Contract are severable, and should any term or provl sion hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term . 14. Binding on Successors . Except as herein otherwise provided, this agreement shall Inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and ass igns. 15. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party. 16. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid , reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights , demands and dairns to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any p rt thereof are not received by the State, the State may immediately terminate this Contract. 17. Minority Business Enter:Qrjse Participation. It is the policy of the State of Colorado that rrunonty b usiness enterpnses shall have the maximum practicable opportunity to participate in the performa n ce of ,ts construct,on grant contracts . The Contractor agrNS to use its best efforts to carry out this Page 4 of 7 Page, ... ' .. .. . .. • • 0 --· To the allowed by law 0 policy to the fullest extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise• means a business . at leal.l 50 percent (50%) of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 !"""'Cent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts . The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation . 18 . Software Piracy Prohibition . No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds . If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract. including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions . 19. Taxes . The state agency, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (No . 84-7301231<] and from all state and local government use taxes (C .R.S . 39-26-114(a) and 203. as amended). Vendor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions (for example - City of Denver) the vendor may be required to pay sales or use taxes even thought the ultimate product or service is provided to the State . These sales or use taxes will not be re imbursed by the state . extent 20 . Intellectual Property. A. Contractor will indemnify State for its reasonably incurred legal expenses and will defend or settle, at Contractor's option and expense , any legal proceeding brought against State, to tile extent that it is based on a claim that products infringe a trade secret, trademark , mask work, copyright, or patent. Contractor will pay all such expenses , together with damages and costs awarded by the court which finally determines the case . or are incurred in the settlement thereof, if State : (i) gives written notice of the claim promptly to Contractor; (ii) gives Contractor control of the defense and settlement of the claim ; (iii) provides to Contractor, at Contractor's expense. all ava ilable information and assistance; and (iv) has not compromised or settled such cla im. B. If products are found to infringe , Contractor will : (i) obtain for State the right to use such products ; (ii) replace the products with non -infringing products or modify the products so that they become non-infringing; or , if neither of these Alternat ives is reasonably available, (iii) remove the infringing products and refund the pr ice pa id therefore . C. Contractor has no obl igat ion under th is section 20 for any cla im wh ich results from : (i) use of products in comb ination w ith any non -Contractor provided equ ipment, software or data; (ii) Contractor's compliance w ith des ig ns or specifi cat ion of State ; (iii ) modification of products other than at Con tractor's direction ; or (iv) use of an a ll eged ly infri nging ve rs ion of products. if the alleged infringement could be avoided by the use of a different ve rsion made ava il ab le to State. 21 . Order of Precedence . In the event of confl icts or inconsistencies between this contract and its exhibits or attachments , such conflicts or inconsistencies shall be resolved by reference to the documents in the fo ll ow ing order of prior ity: 1) Colorado Special Provisions , pages 6 to 7; 2) Contract, pages 1 to 5; 3) Exh ib it A ; 4 ) Any attachments to Exh 1b1t A .. Pa ga 5 of 7 Pages ' .. • • 0 ·• • SPECIAL PROVISIONS (For Use Onfy with lnrer-Govemmental Con1rac11l 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until ii has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the exte~ allowed by 1.J'lf Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages . liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities. rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U .S.C. 2671 et seq. as applicable, as now or hereafter amended . 4. INDEPENDENT CONTRACTOR. 4 CCR 801·2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR ANO NOT AS AN EMPLOYEE NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE . CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES ANO INCOME TAX ANO LOCAL HEAO TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT . CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR ANO ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEF ITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE ANO THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR la.FLIED, TO BIN D THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE ANO KEEP IN FORCEWORKERS' COMPENSATION (ANO PROVIDE PROOF Of' SUCH INSURANCE WHEN REQUESTED BY THE STATE) ANO UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY lAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES ANO AGENTS . 5. NON-DISCRIMINATION . The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation , execution . o nd enforcement of this contract. Any provision of th is contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conftict with said laws. rules, and regulations shall be considered null and void . Nothing contained in any provision incorporated herein by reference which purports to negate th is or any other special provision in whole or in part shall be val id or enforceable or' available in any action at law whether by way of complaint. defense, or otherwise . Any provis ion rendered null and void by the operation of this provision will not invalidate the rem a in der of this contract to the extent that the contract is capable of execution . At all times during the performance of th is contract , the Contractor shall strictly adhere to all applicable federal and slate Jaws , rules , and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24·50-507 The signa tories aver that to their knowledge. no employee of lhe State of Colorado has any personal or beneficial in terest whatsoever in the service or property described heretn . Revised. 12/1101 Page _t_ of ...J_ pagH ' ... ... • • SPECIAL PROVISIONS THE PARTIES HERETO HAYE EXECUTED IHII CONTRACT CONTRACTOR: STATE OF COLORADO: BJLLOWENs GOVERNOR CITY OF ENGLEWOOD lAgal Name ol Conltadlng Entity 84-60QOSBJ Office of Economfc PtYtlOQffltOt Social Secutty Number or FEIN PRE-APPROVED FORM CONTRACT REVIEWER: Print Name & TIiie ol Authorizad ~ CORPORATIONS: (A corporale IUI or lltntatlon is reqund.) Attest (Seal) By (Corporate s-tary-or .... E .... qu1va1en..,.......,......,....1. or-..fownici--."""""1y1Caun1y,.........,....,&iii.,.....,....-1 ALL CONTRACTS MUST BE APPBoVEP BY THE STATE CONTROLLER CRS 2,.30.202 requires that the State Controller approv9 all ..... contracts. Thia conlrac:t la not valid untll the State Controller, or such aaslatant as he may ......-. has algned IL The contractor Is not aulhorlDd to be9ln performance until the contract Is signed and datad below. If perfannanoe ....... prior lo the clata below, the State of Colorado may not be obllgatad lo pay for the goods llldlor wvlcN prft1ded. STATE CONTROLLER: Atthur L llroblrt Page _J_ of _J_ pagee • EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE EDC # 551 ExHlan'A Colorado Economic Development Commission SCOPE OF SERVICES 1. Protect D11cription and Requirements The Project consists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone area. These funds shall be used for the purposes of promotional activities that will market and advertise the advantages of locating a buslneu in the contractor's enterprise zone area, create a positive Identity for the enterprise zone area, encourage retontion and expansion of existing businesses, promote redevelopment, expend the region's tourism industry, attract new businesses. and generally enhance the economic growth of the enterprise zone area . Such activities shall include the preparation, production, and/or distribution of market research, printed materials, direct mail campaigns, print media advertising, trede show promotions, special events, direct business prospect visitation, and other closely related activities. No more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs. Contractor may allocate funds to one or more subcontractors involved In promotion and economic development activities in the enterprise zone . Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontractors. The contribution from the Economic Development Fund under this Contract shall not exceed the amount of local matching funds expended on this project or NINE THOUSAND EIYE HUNDRED dollars CS9,500l, whichever is less. All project costs In excess of this amount wUI be the responsibHity of the Contractor. Contractor shall match E.D .C. funds used on this project with at least a doRar..for• dollar cash match from local sources. Local expenditures on enterprise zone marltetlng proJec:ts ,i ncurred prior to the effective date of this project but subsequent to September 4, 2002, may be counted toward the matching funds requirement, provided that such expenditures have not been used to meet other state contractual matching fund requirements. The performance of the services required hereunder shall be under the direct supervision of J21CI1D. Hollingsworth. an employee or agent of Contractor, who is hereby designated as the admini- strator-in-charge of this Project. 2. Time of Performance The Project shall commence upon execution of this Contract. The Contract will expire on June 30. 2004 , except that the Contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor . A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a tun justification for the extens ion request. EDC I 551 • Exhibit A Page 1 of 2 PegH ,. • • 3.~ REVENUE E.D.C . Funds Local Funds TOTAL: 4 . Payment Sehedul• $9,500 9,500 $19,000 EXPENPIIVBES Market Research, Publications, Advertising, Special Events, and Direct Marketing for the Arapahoe County Enterprise Zone Program Zone Administration TOTAL: $14.250 4,750 $19,000 I. $3,000 Initial payment to be paid upon request by the contractor following the execution of this contract. II . 5,500 Interim payments to be paid upon request and the submission of proper documentation of expenditures of E.D.C. and local funds and work progress. Iii. 1,000 Final payment to be made upon satisfactory completion of the Project. The Contractor will submit a final financial and narrative report documenting the expenditure of all E.D .C. funds for which payment has been requested and of matching local funds. $9,500 TOTAL Requests for payment will be Initiated by the Contractor In accordance with the provisions of Paragraph 6 of the main body of this contract. s. Monitoring Colorado Economic Development Commission staff wl monitor this Project on an a-needed basis. a. Reporting Schedule The Contractor will submit an interim financial and narrative report property documenting an expend itures of E.D.C . fl.Inds at the time interim payments.,. requested . The Conlractor wll submit a fi nal financ ial status report property documenting all expenditurn of E.O.C . funds at the time the flnal pay ment Is req uested , in accordance with the payment schedule. EDC I 551 • Exhibit A Page 2 of 2 Pages • • COUNCIL COMMUNICATION Date: August 4, 2003 Initiated By: Agenda Item: Staff Source: Subject: Intergovernmental Agreement with the City of Cheny Hills Village for Infrastructure, PC and Network Analysis Services Department of Information Technology Don Ingle -Information Technology Director COUNCIL GOAL AND PRMOUS COUNOL ACTION An Intergovernmental Agreement (IGA) with the City of Cheny Hills Village will authorize the City of Englewood's IT Department to provide compensated professional services for the purpose of assisting with the design of upgrades to the computing infrastructure at Cheny Hills Village City Hall (also known as "Village Center"). This collaborative opportunity will provide Cheny Hills Village with important technical analysis capabilities and knowledge they lack intemally, while providing a revenue generation opportunity for the City of Englewood. RECOMMENDED ACTION Staff requests that Council approve an ordinance establishing an Intergovernmental Agreement with the City of Cheny Hills Village for the purposes of providing one-time •infrastructure, PC and Network Analysis Services•. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff from the City of Englewood and the City of Cheny Hills Village recently discussed opportunities for collaboration in the area of infonnation systems. Cheny Hills Village currently has an array of eighteen primarily stand-alone, legacy personal computers with limited networking capabilities. Cheny Hills wishes to upgrade its end-user computer equipment, implement new high- speed network cabling and communication devices, and establish Internet connectivity. After reviewing proposals from several firms, Cheny Hills Village approached the City based on the knowledge and capabilities of Englewood IT staff and our organization's success with computer infrastructure projects. The proposed work includes two primary tasks: a) Onsite inventory/audit and gathering of infrastructure, PC, and server data. b) Analysis and development of recommendations by Englewood IT staff. The work -for which the City will be compensated -is expected to require a combined twenty (20) hours of staff time. In order to avoid competition with in-house workloads and priorities, Englewood will be given a minimum of two months to cornplete the analysis. FIN~NCIAL IMPACT The City will be compensated in the amount of $1,210.73 for the 20 hours of staff work to be completed. The rate calculation method used in arriving at this figure mirrors the method applied by the Englewood Public Works Department in providing services to Cheny Hills Village. LIST OF ATTACHMENTS Intergovernmental Agreement with the City of Cherry Hills ViUage for Infrastructure, PC and Network Analysis SP.rvices • • ORDINANCE NO . SERIES OF 2003 BY AUTHORl1Y AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BElWEEN THE CITY OF CHERRY HD.LS Vil.LAGE AND THE CITY OF ENGLEWOOD, COLORADO, FOR PC, INFRASTRUCTIJRE, AND NETWORK. ANALYSIS SERVICES. WHEREAS, Staff from the City of Englewood and die City of Cherry Hilla Village have discussed opportunities for collaboration in die area of information systems; and WHEREAS, Cbcny Hills Village wishes to upgrade its legacy pcnonal computers with limited networking capabilities to implcmcnt new high-speed network cabling and communication devices and establish Internet CODMCtivity; and WHEREAS, Cbcny Hills Village approached the City of Englewood bucd on the IT Staff's success with computer infrastructure projects; and WHEREAS, the proposed work includes two primary tub: (a) Olllitc inventory/audit and gathering of infrastructure, PC, and server data and (b) uwysis and development of recommendations by Englewood IT staff. NOW, THEREFORE, BE IT ORDAINED BY 1HE CITY COUNCll. OF 1HE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. City Council of die City of Englewood. Colcndo, bcrcby approves the Intergovcmmcntal Agrccmcat bctwccn the City of Cberry Hilla VdJaae and the City of Englewood, Colorado, In&astructurc, PC and Network Analysis Services, a copy of which ii attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are bcrcby autbom.cd to sign and lbat uid Intcrgovcmmcntal Agreement for and OD behalf of the City Council of the City of Eqlcwood. Colorado. Attest : Introduced, read in full, and passed OD first reading on the 4• day of Auaust, 2003. Published as a Bill for an Ordinance on the s• day of August, 2003. Beverly J . Bradshaw, Mayor Loucrishia A. Ellis, City Clcrlt • • I, Loucrishia A. Ellis, City Clerk for tbe City of Englewood, Colorado, berd,y certify that the foregoing is a true copy of a Bill for an Ordinance, introduced, read in full and pused on fint reading on the 4• day of August, 2003. Loucrishia A. Ellis -... CITY OF CHERRY HILLS VILLAGE, COLORADO AGREEMENT FOR INFRASTRUCTURE, PC, AND NE1WORK ANALYSIS SERVICES £.XHIBiTA THIS AGREEMENT for professional services ("Agreement") is entered Into by and between the CITY OF ENGLEWOOD ("Englewood") and the CITY OF CHERRY HIU.S VILLAGE ("Cherry Hills Village"). The effective date of this Agreement ("Effective Date") is defined below. Cherry Hills Village and Englewood agree as follows: 1.0 SCOPE OF SERVICES ("Services"). As directed by Cherry Hills VIiiage in accordance with this agreement, Englewood will provide to Cherry Hffls VIiiage profeuional consuttation services for the tedmological infrastructure and computing needs of Cherry Hills Village Center. These consultation services will Include an analysis of the data communication infrastructure, PC and local Area Network (LAN) issues at the Village Center and the identification of alternatives for Improvement in these areas. To this end, Englewood agrees to perform the following: ' 1 .1 An analysis of the Village Center's data communication infrastructure Issues, including but not limited to integrity of the building cable, data communications electronics, and leased services. 1.2 Identification of alternatives for improvement to the analyzed systems from section 1.1 above, factoring in the integration of I-Net fiber servicN tolfrom the Village Center network. 1.3 In its analysis of the Vdlage Center technological infraltructure, Englewood agrees to perform the following work tasks: 1.3.1 Tracing and documentation of existing building cable and identiftcatlon of potential new Cat5 cable routes . 1.3.2 Identification of wiring closet/MDF and network elec::tronlcs alternatives, including but not limited to switching alternatives . 1.3.3 Analysis of options for wireless (802.11x) communications vs. new building ~ble. 1.3.4 Review of current dial-up and/or leased circuit connectiona, including but not limited to 56k CBI connections. 1.3.5 Analysis of special premise cabling and electronlca needs to support integration of I-Net fiber . 1 .3.6 Preparation of written summaries of the reaulla of each of the above tasks (1 .3.1 -1 .3.5) and proposed coats for each of the options piwnled. OS0\57142\444009.4 1 t .. , • • - 0 0 CJ 1.4 An analysis of the adequacy of the Village Center PC network to support collaborative computing such as in-house email, office automation applications, and file and print services. 1.5 Identification of altematives for improvement of the Village Center PC network, factoring in continued connectivity to the Unix server housing Cherry Hills Village's financial applications. 1.6 In its analysis of the adequacy of the Village Center PC network, Englewood agrees to perform the following work tasks: 1.6 .1 Documentation and analysis of existing file/print and application servers. 1.6.2 Review of the network's adequacy to support more current network operating systems and office automation applications. 1.6.3 Documentation and analysis of existing PC and print clients for adequacy to support the operation of mainstream office automation applications. 1.6.4 Identification of needs and options relative to firewall and virus protection of the network. 1.6 .5 Preparation of written summaries of the outcomes of the above tasks (1 .6 .1 -1 .6.4). 1.6 .6 Preparation of written alternatives and recommendations for the option of upgrading the existing in-house Local Area Network (LAN), PCs, and printers to support a higher performance, secure and more collaborative computing environment, to include Internet connectivity and factoring in connectivity with the existing Unix server. 1.6 . 7 Preparation of written proposal for the costs of each of the options presented in 1.6 .6 . 2 .0 STANDARDS AND CRITERIA FOR PERFORMANCE. 2 .1 Standard of Perfonnance. Englewood shall use that degree of care and skill ordinarily exercised under similar circumstances by companies and members of the infonnation technology profession operating in the Denver, Colorado, Metropolitan Area . 2 .2 Independent Cpntragor. Englewood, its employees, agents, representatives, and authorized consultants, shall perform the services required by this Agreement as an independent contractor and shall not be deemed by virtue of this ~ to have entered into any partnership, joint venture, employer/employee or other relationship with Cherry His Village. 3 .0 REPRESENTATIVES . OSOI.S7142'14440011 4 2 ' . .. .. • • 0 ·• • • 71 tJ ---~-------~--~---...c---------'·-------·----:..: 3 . 1 Cherry Hills Village Oesignee. Cherry Hills Village designates Jennifer Pettinger as the person to act as Cherry Hills Village's representative with respect to all Services. Cherry Hills Village's representative shall not have authority to amend, waive, alter or revise any term or condition of this Agreement unless such authority is otherwise expressly conferred upon such representative by this Agreement. 3.2 Englewood Designated Representative. Englewood designates Kevin Joseph as Englewood's representative who shall direct and supervise the performance of the services and who shall have complete authority to transmit instructions, receive information, and to carry out Cherry Hills Village's policies and decisions with respect to the Services. 4 .0 COMPENSATION FOR SERVICES. 4.1 Schedule of Rates and Fees. Englewood shall charge no more than the following rates or fees for the following services: 4 .1 .1 A total cost of $1,210.73 for twenty (20) hours of work. 4.1.2 Staff time allocation for the Services shall be approximately as follows: IT Operations Manager Kevin Joseph: Network Administrator Ted Wargin: PC Support Specialist Brian King: IT Director Don Ingle: 4 hours 7 hours 7 hours 2 hours 4 .1 .3 Work time allocation for the Services shall be approximately as follows: Onsite inventory/audit and gathering of all infrastructure data by ~evin Joseph, Ted Wargin, and Brian King: 10 hours. Analysis and development of recommendations by Kevin Joseph, Ted Wargin and Don Ingle : 10 hours. 4 .2 Invoicing . Englewood will submit one invoice for no more than $1,210.73 to Cherry Hills Village's representative upon completion of services. Cherry Hills Village will pay the balance stated in the invoice within thirty (30) days of the date of Cherry Hills Village's receipt of the invoice unless Cherry Hills Village informs Englewood in writing of specific objection(s) to the invoice within such thirty-day period . Objection regarding one or more specific amounts of the invoice shall not be cause for withholding payment for other invoiced amounts to which no objection is made. No deductions, offsets, or withholdings shaU be made for any reason unless Englewood agrees in advance to such adjustments or has been found legally liable for such amounts. Portions of the invoice for which objection is made shall be paid within ten (10) days of the date of the Parties' resolution of Cherry Hills Village's objection. 4 .3 No Other BeimburHblo ExDeoHt. Any coat and expenae incurred by Englewood not otherwise specifically identified in this Section 4 .0 shall be OS D\57142\.444009 .4 3 ' ... • • • • • 0 deemed a non-reimbursable cost and shall be borne by Englewood. Cheny Hills Village shall not be liable for any cost or expense incurred by Englewood or any other person or entities prior to the Effective Date of this Agreement. 5 .0 EFFECTIVE DATE, TERM, AND TERMINATION. 5.1 Effedjye Date. This Agreement shall be effective immediately upon approval of the City Council for the City of Cheny Hills Village following execution by the City of Englewood. 5.2 Iean. This Agreement shall remain effective until all services are rendered, but in no event shall extend beyond August 29, 2003. 5.3 Teanjnation. In addition to termination permitted by law due to non-performance or breach, Cheny Hills Village may terminate this contract, upon seven (7) days written notice to Englewood. In the event that this Agreement is terminated by Cheny Hills Village by no fault of Englewood, Englewood shaU be paid for Services actually performed prior to such termination and any direct expenses incurred by Englewood and authorized for payment sxnuant to this Agreement. 5.4 Teanjnation for Non-Perfonnance. Either party may terminate this Agreement where the other party has failed to perform in accordance with this Agreement. Prior to electing termination for non-performance, the party seeking termination shall provide written notice to the non-performing party which notice shall detail and Identify the non-performance, demand that such non-performance be cured, and state a specific date not less than ten (10) days from the receipt of the notice during which the non-performing party may cure the cited non-performance. In the event non-performance is not timely cured, the party seeking termination may declare this Agreement terminated. Such termination shall not preclude or prevent any party from pursuing any other remedy aa may be provided by law for breach of this Agreement. 6 .0 DAMAGES LIMITATION. 6 .1 Damage Ljmjtation. Neither Party will be liable to the other for special, incidental, consequential or punitive losses or damages, including but not limited to damages resulting from delay, loss of use, loss of profits or revenue, or coat of capital. 7.0 MISCELLANEOUS PROVISIONS. 7 .1 Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Englewood without the express written consent of Cheny Hilla Village. Any written assignment shall expressly refer to this Agreement and specify the particular rights, duties, obligations, responsibilities, or benefits so assigned. No assignment shall release Englewood from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document or assignment. OS0\57142\444009.4 ' . \o .. •· 7 .2 ~-All notices, requests and communications required or permitted to be given under this Agreement shall be In writing and shall be deemed property given and received (I) two business days after deposit in the United States mall, registered or certified, postage prepaid, (Ii) upon personal delivery with signed receipt, (iii) one business day after deposit with a nationally-recognized overnight courier service such as Federal Express, or (iv) on day of transmission by facsimile during business hours, with a confirmation copy eent by first class mail, postage prepaid, to the other party at the address or facsimile number, as the case may be, set forth below: If to Cherry HjH1 VjHage: City of Cherry Hills Village 2450 E. Quincy Avenue Cherry Hills Village, Colorado 80110 Attn : Jennifer Pettinger If to Englfwood: City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Attn: Kevin Joseph 7.3 No Third party Beneficiaries. Nothing contained in this Agreement is Intended to or shall create a contractual relationship with, cauae of action in favor of, or claim for relief for, any third party, Including any agent, sub-consultant or sub- contractor of Englewood. Absolutely no third party beneflclariel are Intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date set forth below. CITY OF CHERRY HILLS VILLAGE, COLORADO By : Douglas Scott, Mayor ATTEST : Jennifer Pettinger, City Clerk CITY OF ENGLEWOOD, COLORADO: Date: June_. 2003 APPROVED AS TO FORM: Robert C. Widner, City Attor:r,ey Print Name : _s_e_v_e_r_ly_J_._s_r_ad_s_h_a_w_,_M_ay_o_r __ ATTEST : APPROVED AS TO FORM: City Clerk Loucnshia A. Ellis City Attorney OSD\57 142\444009.4 5 Date August 4, 2003 Initiated By COUNOL COMMUNICATION Agenda Item Subject Staff Source Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council select. by motion, a hearing officer for a disciplinary appeal filed by former Officer George Godoy. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administrative Policy Manual, Human Resources Policy No. 24, when a request for a hearing before a Hearing Officer in connection with a disciplinary appeal is filed with the City Oerk. the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. LIST OF AlTACHMENTS Resumes of Potential Hearing Officers ,( -- Contact American Artlitraticn Association 6795 N. Flaim Avenue 2nd Floor Fresta, CA 93704 lalephone: an-528-0880 faaimile: 559-l90·1919 Labor P:mel John P. DiFalco, Esq. Current Employer-Title Difalco Corpor:u:ion -Presidct; John P. DiF:ilco &: Associates, P.C . -Owner Occupation Attorney, Arbitrator E.tp~rience Cv.:r 32 yc:irs o{ c.'q>Cric::ice :is a civil trial lawyer ipecializing in govc::iiictt; · ldmimstr:ltive. :md business conll"3C: law inc!udma silcific::u,t e,:i:eri~ce in the pr.ic-jce ~,f arbio-anon, mecti:l.tion, and other for:ns of altc:alive '.tispute resoiution. As a rr.unic::n.u attorney,· i,ar.:ci7,lted in :he ::on.."1:r'.icti,.,--;i ::i:magemc, o:· I?:ajo. projec::; iI:::!udiq pc:rform.iig :uo:s c:ni:r; 5Clior c=it::; r=e:1ticn faci lities: ain,c;n improv=e:11s; md wa.ste':nte:, tr.mSpCrt:Uion, md ~m1ys. FIII:liliar with dio:pur:s r:!.uing to cii."fc:r-.:ig ::ite conditions: d.c::.igu ~~; :!ucge ·· orders : ;urety !ionds; .:r.d .:nu:iic:pal. stlte, :md tedmtl :omr:ict !3w. PuS~!es con.siu.::abk: · govermncit e:.:;,enmce, illcludmg c~oriarions with ~ md sme :flve:mzir.ll 3Fllcies in cmmection wi.h the cCT.ISU"UCtio::i of ~lie 17.Jildings. wu-.cwate: md -cer tre:Ume:xt facilities, !?:DlSit s:m=m. :md ai..,ions. Adjunct ?rofl::iSCr oft.aw :u R.."iis Univcsity in Denver, Color.ido .. A.-bi:raw. sine: \980. As pax::!ist :or :he Amci-==i Arim:r:won~.:uion and the Federal Meaiation md Conciliation Sc.-,ice, has enpp in the ;,r:idc: oflaoor, commm-.:iai, md construction arbitration. mediation. :md othc: altcmatr,e dispute :aolution. Clicms include numerous public :md priv.w: entities throughout the nation. E.~i:nce in c:u:diam1a or :irbitraaz11 c:ises involving arbitr:li:rility, contract intc:pm:1tion., dei:lys. design defects, product liability, n=m:dies, and many other issues. Issues Arlritrabiliry, bc:!e!ics. contr:u:t intc:pre:uion, discharge. discipline. disc::il:lmwion. em::":lai law , grievance procedure, job assigmncts. job ci.assinc::mon. pay, seniority, SUDC011tr:K:tml out, tciurc issues (bigher eduction), timeliness. Industries E::itc::-::iinme:it. govc=not (fc:dC':ll. st:ite :md locl), groce:y, bighc::-c:duc:uion., met packing, mining, oil :ind ps, post:il. professional sports. ;,ublic utilities. reail. scllools. steel. te!e;,honc:, r.r:msportation. \Vork History P:-:sidc::it. DiF:ilco Carporaion. 1980-presc::t: Owuc::-, John P. Dlf:ilco &: Assoc iates, P.C .• l98i-presc::u: City Attorney, City ofGm:!cy, l980-3i; Clic:f~qociatm-i lmor R.:!.l ri ons .\ttor.lcy, City ,C.,unry ofDe:ive:-, 1977 -80: He:ir:ng E.'Qll:lmc:-, U.S. Poaml Service, 1972- 77 ; Ac-.omc:y :md Labor Re!:inons Sp~:ilist. 197:-ii; Aaomcy, Re:ll Em= :md P:oc:uremmt: GCl=l Counse!. U .S . Post:il Scvic:. John P. DiFtJlcu. Esq. Z-1669 t • • Educ:ition Ohio State University (BA-196.5 ; ID-1968); University of).forthc:n Color:ido (MA- 1986). Professional Associations Amc:ic:m Bar Assoc:ialioa (Committee on Public Employee Bargaimng); Color:ido Bar Association (Labor Law Section); Fedcr:11 Bar • .\ssoc:iaricm (Public Sector Labor Relations Committee; Arbitration Commiae:, Office~ Committ:e); Industrial. Relations R.cse:irt:h Association; Phi Dcita Phi l'.mmwional Lepl Fr.u=nity; Im=naticmal P!.momi Association; Society for Professionals in Dispute Resolution. Professional Licenses Admitted to the Bar. Ohio, 196a; Coior:ido, 1972; Dwr.c:: of Columbia, 1987; U.S. Distric:t Courc; Disuic:t of Colorado; U.S. Court of . .\ppe:us: Tenth md Fedc::11 (1986) Ci?C".:.its; U.S . Supreme Court. :?ublk:itfo'ls and Spe:ilcing EogagP.ments "T.u.e :'11'4:W Ethics R.clulatiom~acfusm,r :ul•fLilce t, cc. ~e Cha:lged." POSTY.A.STER'S .-\DVOCX!'E , Mar:h 1991; "S,,x,.lal H...'"'Bmimt ,, Revm~.· P';S"DIASTER.'S ,\DVCCXI~. May/1uz:: 1989; ·s~ Ccir. ?i:rmits Cfficc . . Sc:irches ofroblic Employc:e:, ~ PCSTitiASTER.'S AD_VOCATE, Det:e:nber 1987; "Twe:ey !biles · · rbr 12.ffective ~emingr..:l Barpinmg." P'Jsn(.~'S ADVOCATE, Al1gmt 1987; "Cu.la=. 35 . Nqoti:uo~: Ls Thm an Acquired er u:heri1ed Trait?" POSThlASTE.?.'S ADVOCATE, June 1987; . "Tne Law and Policy on SctWLl Har:lssmc:1t." NATIONAL !.E."-Gl.J"E OF CTI'IES, 198'.; "t:.J~ Barpjning, • NEW ENGL~'ID MUNICIPALII'IES~ !'982, re;,riz:ted. NIMLO Lo\ W Det:X:ET, 1983, me WASHINGTON -~SCCIATION OF CITIES. 19S3; "Ne;ctiaaon Im;:1S1e P1azm:mt," OKLAHOMA ~fi.i"NIC't:' ALITIES. 198 t ; "Munic:pal Strike Planning.• COLCR.ADO :M1JNICIP.'\LITIES , 1980; SUPERVlSOR'S GUIDE 1'0 DISCIPLINE. 1979, revised 1985; "Manag=e:it !ljegotiators: A New Breed," NATION'S Cl'IIES. May 1978; "R:gm:s ofC.-imimls While l'.nc:ircer:ited." OHIO STATE ID-11VERSIIYL.\W IOUR .. 'fAL. 1978; DIS~'E A.'ID GRIEV AJ.'fCE HANDLING, 1973, revised 1986. Alternative Dispute Resolution Training Basic AAA Arbitr.1t0r Tr.umng. Dc:i~ AAA .-\dv:mced Arbi=tor Tr:iining, New York. Compensation S800 .00 ?er Day PD chgd for e:ich day ofilc::iring, consicr.mon of evidc:ru:e, :md pre;, of :iward. uac:! fee: w/in 14 days= l day for e:ich ;chcd day; S,.iOO/sched day if w/in l .5-30 days prior tD the sc:cd hc:lriq dam. If postponed-rescheduled w/inU day period :md tbCI w/dr.lwn or se:tled, c:mc. fee ;spplies. Dockl::in1 fee: S50.00. Laogu:iges It:1l i:m Citizenship United St1tes of . .\meric:i Locale Fort C1Jilins . co John P. Di F.iJ.:o, £,q. 1J669 ,, t • • BENNE'IT S. AISENBERG RESUME Law Offices of Bennett S. Auenberg. P.C ., Denver, Colorado, 1980 -present Partner, Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colorado, 1958 -1980 B.A., Economics, Brown University, 1952 LL.B .• Harvud Law School. 1955 U.S. Anny, 1955 -1957 Marquis Who· s Who in Americ:i President. Brown University Club of Colorado, 1967 -1970 President. Harvud Law School Association of Colorado, 1984 -1985 Denver. Colorado. Massachusetts. and American Bar Associations Colorado Bar Foundation American Trial Lawyers Association Colorado Trial Lawyers Association. Board Member. 1977 -1984. President. 1984 • l 98S Lecturer, Colorado Trial Lawyer,. Association. 1973 -present Trial Lawyers for Public Justice. State Chairperson (Colorado) Founding Member. Public Justice Foundation International Society of Barristers Cenification as a Civil Trial Advocate . National Board of Trial Advocacy. 1984 · 1994 Judicial Nominating Commission (Denver) -Gubernatorial Appoinancnt. 1988 -1994 • • Denver Bar Association -President 1991 • 1992; Tnasice, 1982 -198S, 1987 -1990; Representative to Board of Governors of Colorado Bar Assoc:iation. 1978 -1980; Cbairpenon. Entertainment Committee, 197S -1977; Chairperson. Task Force to Assess Lepl System. 1985 • 1986 Colorado Bar Association -President. 1998 -1999, Chairperson. lnterprofessional Committee, 1978 -1980; Chairperson. Altemative Disputes Resolution Committee on Employment. 1979 -1980; Ethics Committee. 1986 -present; Amicus Curiae Committee. 1991 • 1994 Insauctor. Tons. University of Denver. School of law, 1961-1963 Instructor, Real Estate Law. University of Colorado Extension School. 1960 -1963 Insauctor, National Institute for Trial Advocacy, 1985 -1990 American Board of Trial Advocates National Academy of Arbitrators: Member, Committee on Law and Legislation. 1986 - present; Rocky Mountain Region Chairperson. 1984 • 1985 Labor Arbitrator. Federal Mediation and Concilianon Service ., usmm or I.OJlltn J. ccm 232! West 72nd 1.nnua Oe!lver, Colorado 80221 (303) 427-7!84 Ju:is Coc-~r CegrH ~ve_.-si::, ot Denver Jun•, l96a Aai::-:sc. by c:ilor9..ca su;=ema ~urt oc:-:obc, l9 6 a At:mittsc. cy un.:.tec states Cis-..=ic": caur: oc-::icer, l 9 6 a !Cli':':sc by crn.:.tec statas ecu:-t ot Appels ~=, l9il c.eneral tec;al E:z;:erienca: st:.a .::: At':or=ey ce::ve: L~~l A.:.~ Scc:!et'"J -1969 Associa ta A~-:.:ce•r !e:;e:, aot=s~~·, Gall.le: A~-:one•rs at ta•.1 c.:mmerce C:.+::f, ~ -l9i0-l972 Par-..:ier Gcl9r & c.±s:: At:':or:::eys at Law c=mmarca C:.7:1, ~ -1972-1982 Sole Prac:-..:.':ione: icnald C::i:!.el:l, At'::icay at Law ce•re:, c~ -l982 ~ present Assir..c': c.:u:t-1 .lt-:c:oay .At:.!!11S C:~t:,, CO -1970-1972 t • • ASs:..st.a.nt Cit:'/ At""...or:1ey and trasec:utillq At-..c:cey ccmmer:e Cit:'/, co -1970-1982 I':QSec'.l.ting Att:ml.Y scr-..!lqle!ll1, co -1970-1972 Ass:..s-:az:t Cit"J At-..c:cey and trasec.itinc; At-..ccey Sr:.c;h~on , CJ -1972-1982 Cit:'/ Atto:cey t.a!ayet~e, CJ 197,-1990 L~al 1':"Tiscr ca:eer service camissicn commerce Cit'/, co 1982 ta present &ec!.!lc; ot!icc ca:Hr s ... .-v:.ce commerce Cit:,, co 1992 t:> present P-es: .... : '"C: Jl:l::Ce N~r-:c;:e;~, co -1982 to presant P:-es:.ci:.:ic; Ji:c;e recer~: Eeii;nts, co -1982-1990 Pras:.c': -c; Jut!;• c:mmerc:e C:.7:'f, CJ -1987 ta present Ac',:,:st:st:..n Lav J'Ucge Aca.:15 C:Wl~!, CO -1988 ta 1994 B.ate: $100 per hcu: • t • • 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject: Award Construction Contract for Belleview Ave. August 4, 2003 .... Sidewalks Initiated By: Staff Source: Public Works Department Ken Ross, Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council approved Resolution No. 3, Series 1996, Resolution No. 78, Series 1999, and Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21" Century (TEA-21). Council approved Ordinance No. 48, Series 2002 approving an Intergovernmental Agreement with COOT regarding funding the construction of this project RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED West Belleview, between Federal and Lowell, is identified in the City's •sidewalk Missing Links·. Installation of sidewalks at this location is desirable for the safety and convenience of pedestrians. In 1996, the City of Englewood realized the potential to receive federal funds for this project Staff prepared applications and Council approved submitting to the Denver Regional Council of Governments (DRCOG) to include this project in the Transportation Improvement Program (TIP). The City continued to re-apply for the project over the following two TIP cycles and DRCOG agreed to include the project for funding in FY 2003. Federal Funds in the amount of $112,000 were programmed based on our original 1996 application. The total estimated cost of the project in 1996 was $140,000. Englewood is responsible for all costs above the original estimate. Our consultant, Muller Engineering Company, completed design of the project and the project was advertised for construction bids. Federal Aid projects required that the bidders be included on COOT list of qualified contractors, that they met Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award of the project. COOT concurs awarding the project to the low bidder, Goodland Construction, Inc. .. "' • t • FINANCIAL IMPACT Six bids were eceived and opened on July 10, 2003 as detailed in the attached Bid Proposal Tabulation. The Engineers estimate for the project is 261,388.00. Detailed below are the costs associated with the construction of the project: Goodland Construction, Inc. Construction Administration Construction Contingency Total Estimated Cost $172,027,50 33,000.00 17,000,00 $222,027.SO Federal Participating funds are available in the amount of $112,000 leaving Englewood's matching share at $109,027.00. Existing curb and gutter repairs are induded as part of this project. The City's Concrete Utility Fund pays for these repairs. Handicap Ramps are funded by the City's Concrete Program account The remainder of the matching funds are available in the Public Improvement Funds #Sidewalks Missing Links# account. Detailed below are the funding sources: Federal Funds Concrete Utility Fund Concrete Program (PIF) Sidewalks Missing Links (PIF) Total Budget UST OF ATTACHMENTS Contact Form Bid Tabulation $112,000.00 $ 48,000.00 $ 10,000.00 $ 55,000,00 $225,000.00 --· CONTRACT CITY OF ENGLEWOD, COLORADO THIS CONTRACT and agreement, made and entered into this 4• day of Aupst, 2003 by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", party of the first part. and Goodland Construction, Inc. hereinafter referred to as the ''Contractor", party of the second part. WITNESSETH. commencing on the 1,.. day June, 2003, and continuing for at least ten ( I 0) days thereafter the City advenised that sealed proposals would be received for furnishing all labor. tools, supplies, equipment, materials and everything necessary and required for the following : PROJECT: Wgt Belle!lew Ave,-·· m Mffl:905 WHEREAS, proposals pursuant to said advenisement have been received by the Mayor and City Council and have been cenified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for said work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advenisement and his proposal. NOW THEREFORE. in consideration of the compensation to be paid the Contract. the mutual agreements hereinafter contained are subject to the terms hereinafter stated: A. Conqact Documents : It is apeed by the parties hereto that the following list of insauments, drawings and documents which are an.ached hereto, bound herewith or incorporated herein by reference constitute and shall be refened to either as the Conlrlet DocumenlS or the Concnct and all of said insuuments. drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a pan of this agreement u if they were set out verbatim and in full herein : Advenisement of Notice to Contractors Proposal Contract (this instrument) Performance Payment Maintenance Bond Receipt, Release , Waiver of Claims Colorado Department of Transportation (COOT) -Standard Specifications for Road and Bridge Construction . Standard Special Provisions Project Special Provisions General Conditions Plans and Drawings B. Sc ope of Work : The Contractor agrees to and shall furnish all tabor. tools. supplies. equipment. materials and everything necessary for and required to do. perform and complete all the work described. drawn, set forth, shown and included in said Concnct Documema. .. ' .. .. • • c . Terms of Performance : The Contractor qrees ro undertake the performance of the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees to fully complete said wort within aeftllly 11ft (75) calendar days. plus such extension or extensions of time as may be sranted by the DireclOI' of Public Works in accordance with the provisions of the Conttact Doc:wnents and Specifications. D • Terms of Payment: The City qrees to pay the Conlractor for the performance of all the wort required under this contract, and the Connctor qrees to accept as his full and only compensation wherefore, such sum or sums of money as may be proper in accordance with the price or prices set fonh in the Contractor's Propoul hereto attached and made a part hereof, the total estimated cost thereof being One Huadred Seventy Two 1'boulMd Twtllty Snen dollan ud Fifty eenll ($172,027.50). E . Appropriation of Funds: At present. $172,127.50 has been appropriated for the project. Notwithstanding anything contained in Ibis Apeement to the c:omrary, in the event no funds or insufficient funds are appropriated and budpllld by the aoveming body or are ocherwiJe unavailable by any means whatsoever in any followina fucal paiod for which appropriations were received without penalty or expemc except as ID thole poniom on the Apeement or other amounts herein for which funds have already been appropriated or are otherwise available . The City shall immediately notify Goodland CODltnlcdoa, Ille. or its assignee of such occurrence in the event of such termination. F . Contract Bjndjna : It is agreed that this Conlnct shall be binding on and inaure to the benefit of the panics hereto, their heirs, executon, administraton, assipa, and succeuors. IN WITNESS WHEREOF, the panics have caused these preaelllS ID be si&ned personally or by their duly authorized officers or agents and their seals affixed and duly lllelled the day and year tint above writlell. This Contract is executed in 5 counterpans. CITY OF ENGLEWOOD Contractor by __________ _ Mayor Party of the FtrSI Pan ATTEST : ATI'EST: Secretary City Clerlt • • - CITYO,._ •unaw•---• ••11411.TI .... -··-· ..... ....... ···-· ....... ..... ··-· -··-· ,. ..... ....... ,. .... •• ,u..m. .,..:tf',11 "···· ........ "lw11,:w• .,.,11 •• -•u•• ••11•• ··-· -·-· -·-· "···· _ .... . ,... .... . . ,., .. ,,.... ...... . .... . .. , ... ......... ...... . ..... ··-· ,.. .... l'IN IPI• . ..... a..•••• ....... ,, ..•. ...... . ..... ........ ,. . ., .. ... QI., •• .... ,,.. ··-· -·-· , ....•. 111a1u.,11• ... ..... ZIIIICIUl•a •:11••• "1;11'11. ,:,111 ... ·t~D-• ··~""'" 'tl:ta•• a,-• -~-· m ·:11•ca 111::1••• ta:t1,, •• •:·11••• ...,,,, .. . .. .,. .... n,11•11 •t:tUUtHII aa1,1.ra" 1,..:-:111•• za:,1111• a1:itsa• ·!··· -;,-· .. :oa•• ... ::i .... na :ci 111•• ....... ··-· ...... ,1aa11111 H ..... t11•••• ...... , ...... :ioaa11,a ... , .. " ..... ••111•a Jl:11111't1W ..... 111 , ...... . ... ., .. . 11, • .,, • ,,..,,, .. , .. ..,. ... A19• ....... ··-· ... .,, .. ... .... °' _Cl.,..,. ' .. · . ... ,., .. .. ,. ... . ,uu ·-..• t1•t1•• 1, ...... 1U 1• .. •• .. ., ... -•aM• ,wa1,111• -~., . .,. . .. ,, ... ..,, .•. ... , ..•. 11•ua111.• . ..... .. ., . .,, .. . .. ,, .. . .... u. .. . tNflU-11 , ...... ., .. .. ,,~,, nDttlUDtl ••••ct0• -...... 111199 ,,.. •• 0 1. ,]:'!fl_ Call to order p.m. 2 . Invocation 3. Pledge of Allegiance 4. Roll call _rz....L.._ _ _,.present CC ~/ k3minutes 5. ·• • • Members: ____ .absent opr1f7-0 ~~~ ' •· • • •• - • • c-·-~ -). 'j .....__) ~ . ... • ,• . . . . .. . . . . ' l t ~ • • ·• • • 0 i, • • • ·• • • r ..... f I I • i:J c·-·-1· ' ' j ( .!. _ __.) . ' . . \ • . . AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 4, 2003 7:30 P.M. Englewood Civic Center -Council Chamben 1000 Englewood Parkway Englewood, CO 80110 1. Calltoorder. ?;~ 2. Invocation. !}iJ-14- 3. Pledge of Allegiance. ~ 4. Roll Call. 5. Minutes. CJ . a. Minutes from the Regular City Council Meeting of July 21, 2003. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) u 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) 8. Communications, Proclamations, ·and Appointments. g - 9 . Public Hearing. (None scheduled) g O_ ~~· 4,n · ·· /J onsentAgenda. ~Jo'-(-Iv /J-/f-(I/ c./ Approval of Ordinances on First Reading. i. Council Bill No. 54 -Recommendation from the Department of Public Works to adopt a bill for an ordinance authorizing an lntergovemmenQI Agreement with the Colorado Department of Transportation fof construction of U.S. 285 Sidewalks. STAFF SOUia: Ken Roa. Director of Pubic Wotlca. ·;WG Pleue note: If you haft a 4lullllly ..... ......, ... or~,.._..., .. O,fllf ~••• (303-762•2405)al .................... ol ...................... ... .. • • ·• • • 0 r----(_J Englewood Oty Council Agenda August 4, 2003 Page2 ii. Council Bill No. 57 -Recommendation from the Department of Public Works to acl'opt a b,11 for an ordinance granting a lease of a portion of West Girard Avenue to Rocky Mountain MOB, LLC. STAFF SOURa: Rick Kahm, Capital Projects Director. iii. iv. Council Bill No. 56 -Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to adopt a bill for an ordinance approving an Intergovernmental Agreement with Colorado State University for Biosolids Research. STAFF SOURCE: Mark Van Nostrand, Senior Project Engineer. Council Bill No. 52 -Recommendation from the Code Enforcement Advisory Committee to adopt a bill for an ordinance amending the Englewood Municipal Code to correct language and punctuation in the definition of •nuisance.• STAFF SOURCE: ll John CollinL b. Approval of Ordinances on Second Reading. nJ#_!b i. Council Bill No. 49, approving sewer rate increases for 2004 through 2008. ff1J:(i _5l)_ ii. Council Bill No. 50, entering into a real estate agreement to purchase the Herbertson property at 2800 S. Platte River Drive. c . Resolutions and Motions. i. Recommendation from the Department of Parks and Recreation to approve, by motion, the purchase of a Rain Master Evolution central irrigation control system . Staff recommends awarding the contract to the lowest technically acceptable bidder, United Green Tech, in the amount of $41, 190. STAFF SOURa: Jerrell Black, Dlrec:tor of Pub and Recreation and Dave Lee, Manager of Open Space. 11 . Regular Agenda. pproval of Ordinances on First Reading. Council Bill No. 58 -Recommendation from the Community Development 0-epartment to adopt a bill for an ordinance extending the Temporary Moratorium on New Residential Construction but removing the subdivision prohibition to allow the subdivision of land in the aPi~ o1~ ~o~torium. STAFF SOURCE: Tricia Langon, Senior Planner. / /~ (,,., ii. Council Bill No. 47 -Recommendation from the Community Development la~ o/11'f/ Department to adopt a bill for an ordinance accep~·n Enterprise Zone /_ .,,.. 'f'J .JMarketing Grant Funding from Arapahoe County. SOURQ: Darren "/ ~VHollinpworth, Business Development Spedalld. , In _ ~ ;4 iii. Council Bill Na 55 -Recommendation from the Information Technology "P O,l"i • J-'1V iftri:.;, I) ~IJepartment to adopt a bill for an ordinance approving an Intergovernmental (7":(JV f "'l/4.greement with the City of Cherry Hills Village to provide network design services. STAFF SOUia: Don Ingle, Dlrec:tor of•= T • Please note: If you haw a llaablllly and__.......,_. or NMml, ..... IIIIIIIIW'lllla (303-762-2405) al leMt ....... a.._. alwliN ...... .. ' .. .. • • '" Englewood City Council Agenda August ,, 2003 Pagel b. c. Approv~dinances on Second Reading. Resolutions and Motions. i Recommendation from the Human Resources Department to appoint. by fOJ:rul,rJ-{). motion, a hearing officer in the disciplinary appeal filed by former Officer l/ rr "\, I George Godoy. STAFF souRa: Sue Eaton, Director of Human Resou ii. Recommendation from the Department of Public Works to approve, ~motion, a contract for sidewalk enhancements on West Belleview Avenue. Staff - recommends awarding the contract to the low bidder, Goodland Construction, nAC._ / Inc., in th~~,1! ~~27 ;o. STAFF SOURCE: Ken ROIi, Director of o/ Publk W-·-w rv'7j ,_ 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report ··-~7 Adjournment.1 ·.d{) Q ~,~ The following minutes were transmitted to City Council between July 18 • 31, 2003: • Englewood Board of Adjustment and Appeals meeting of May 14, 2003 Englewood Cultural Arts Commission meeting of June 4, 2003 Englewood Parks and Recreation Commission meeting of June 12, 2003 Englewood Planning and Zoning Commission meeting of July 8, 2003 PleaM note: .. ,.. .... ....., ....... ....., .............. ..-.. c:11re11 i ••• (303-7'2-2405)at1Na141 ..................................... ,...