City Council
Agenda
December 15, 2009
City Hall, Council Chambers
749 Main Street
7:00 PM
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
“The following items on the City Council Agenda are considered routine by the City Manager and shall be
approved, adopted, accepted, etc., by motion of the City Council and roll call vote unless the Mayor or a City
Council person specifically requests that such item be considered under “Regular Business.” In such an event
the item shall be removed from the “Consent Agenda” and Council action taken separately on said item in the
order appearing on the Agenda. Those items so approved under the heading “Consent Agenda” will appear in
the Council Minutes in their proper order.
A. Approval of Bills
B. Approval of Meeting Minutes – December 1, 2009
C. Award Bid to Longmont Farm Supply for Commercial Diesel Front
Mower
D. Approve Fourth Amendment to the Traffic Signal Maintenance
Contract
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
It is requested that public comments be limited to 3 minutes. When several people wish to speak on the same
position on a given item, they are requested to select a spokesperson to state that position.
6. COUNCIL INFORMATIONAL COMMENTS ON PERTINENT
ITEMS NOT ON THE AGENDA (Council general comments are scheduled at the end
of the Agenda.)
7. CITY MANAGER’S REPORT
8. REGULAR BUSINESS
A. 2010 COUNCIL APPOINTMENTS TO BOARDS AND
COMMISSIONS
Action
Citizen Information
If you wish to speak at the City Council meeting, please fill out a sign-up card and present it to the City Clerk.
Persons with disabilities planning to attend the meeting who need sign language interpretation, assisted listening systems,
Braille, taped material, or special transportation, should contact the City Manager’s Office at 303 335-4533. A forty-eight-
hour notice is requested.
City of Louisville
City Council 749 Main Street Louisville CO 80027
303.335.4533 (phone) 303.335.4550 (fax) www.louisvilleco.gov
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City Council
Agenda
December 15, 2009
Page 2 of 3
B. APPOINTMENT OF CITY OFFICIALS – MUNICIPAL
JUDGE AND DEPUTY MUNICIPAL JUDGES
Action
C. RESOLUTION NO. 41, SERIES 2009 – A RESOLUTION
APPROVING A BUSINESS ASSISTANCE
AGREEMENT WITH GLACIER ICE CREAM & GELATO
FOR REINVESTMENT AND ATTRACTION OF A NEW
RETAIL SHOP AT 1387 SOUTH BOULDER IN THE
CITY OF LOUISVILLE
Staff Presentation
Public Comments (Please limit to three minutes each)
Council Questions & Comments
Action
D. RESOLUTION NO. 42, SERIES 2009 – A RESOLUTION
APPROVING A BUSINESS ASSISTANCE
AGREEMENT WITH FRESCA FOODS, INC FOR
EXPANSION OF COMPANY CREATING NEW JOBS
AND OCCUPANCY OF NEWLY CONSTRUCTED
SPACE
Staff Presentation
Public Comments (Please limit to three minutes each)
Council Questions & Comments
Action
E. APPROVE AGREEMENT WITH MOUNTAIN STATES
PIPE AND SUPPLY TO INSTALL AUTOMATED METER
READING (AMR) SYSTEM INCLUDING EQUIPMENT
INSTALLATION
Staff Presentation
Public Comments (Please limit to three minutes each)
Council Questions & Comments
Action
F. RESOLUTION NO. 43, SERIES 2009 – A RESOLUTION
ESTABLISHING WATER, WASTEWATER, AND
STORM UTILITY FEES EFFECTIVE JANUARY 1, 2010
FOR THE CITY OF LOUISVILLE, COLORADO
Staff Presentation
Public Comments (Please limit to three minutes each)
Council Questions & Comments
Action
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City Council
Agenda
December 15, 2009
Page 3 of 3
G. RESOLUTION NO. 44, SERIES 2009 – A RESOLUTION
ADOPTING BUILDING PERMIT FEES AND OTHER
FEES FOR PERMITS, INSPECTIONS, WORK, OR
SERVICES UNDER OR PURSUANT TO THE
INTERNATIONAL CODES AND NATIONAL
ELECTRICAL CODE SET FORTH IN TITLE 15 OF THE
LOUISVILLE MUNICIPAL CODE
Staff Presentation
Public Comments (Please limit to three minutes each)
Council Questions & Comments
Action
H. ORDINANCE NO. 1563, SERIES 2009 – AN
ORDINANCE REGARDING POWERS AND DUTIES OF
THE LIBRARY BOARD OF TRUSTEES AND BYLAWS
REVISIONS FOR THE LIBRARY BOARD OF
TRUSTEES – 1ST Reading – Set Public Hearing
01/05/10
City Attorney Introduction
Action
I. ORDINANCE NO. 1564, SERIES 2009 – AN
ORDINANCE AMENDING SECTION 3.04.130 OF THE
LOUISVILLE MUNICIPAL CODE RELATING TO
LEASE-PURCHASE AND LONG-TERM LEASEHOLD
AGREEMENTS – 1ST Reading – Set Public Hearing
01/05/10
City Attorney Introduction
Action
J. DISCUSSION/DIRECTION/ACTION – CITY
MANAGER’S PERFORMANCE GOALS/QUARTERLY
REPORT AND PROPOSED 2010 GOALS
Staff Presentation
Public Comments
Council Questions and Comments
Action
9. CITY ATTORNEY’S REPORT
10. COUNCIL COMMENTS AND COMMITTEE REPORTS
11. ADJOURNMENT
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ïîñðíñðç ïðæíìæìç ÞßÌÝØæ éðéîê Ý·¬§ ±º Ô±«·-ª·´´» п¹» ï
¿°îïëó´- ÐÛÎ×ÑÜæïîñðíñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ïïîéðç ÛÓÐÔÑÇÛÛ ÙßÎÒ×ÍØÓÛÒÌ ïïñîéñðç ïîñîéñðç ïïñîéñðç íîëòðð òðð íîëòðð íîëòðð
ëîëë ÚßÓ×ÔÇ ÍËÐÐÑÎÌ ÎÛÙ×ÍÌÎÇ
ïïîéðç ÛÓÐÔÑÇÛÛ ÙßÎÒ×ÍØÓÛÒÌ ïïñîéñðç ïîñîéñðç ïïñîéñðç îðîòíè òðð îðîòíè îðîòíè
ïïíèç ÕßÎÛÒ ÚÎÛ×ÌÛÎ
ïïíððç ÌË×Ì×ÑÒ ÎÛ×ÓÞËÎÍÛÓÛÒ ïïñíðñðç ïîñíðñðç ïïñíðñðç íèëòçè òðð íèëòçè íèëòçè
ïïíï Ó×ÒÛÍ ßÒÜ ßÍÍÑÝ×ßÌÛÍô ÐòÝò
ïîðïðç ÜÛÝ ðç ÛßÐ ÐÎÛÓ×ËÓÍ ïîñðïñðç ïîñíïñðç ïîñðïñðç íìéòíï òðð íìéòíï íìéòíï
ì ÕÔÓÒ ÎÛßÜÛÎÍ ÍÛÎÊ×ÝÛ ×ÒÝ
ïîðïðç ÎÛÚËÒÜ ÍßÔÛÍ ÌßÈ Ô×Ý ïîñðíñðç ðïñðîñïð ïîñðíñðç îëòðð òðð îëòðð îëòðð
çéëð ÐÎÛ Ðß×Ü ÔÛÙßÔ
ïïîéðç ýîîëëì ÒÑÊðç ÛÓÐÔÑÇÛ ïïñîéñðç ïîñîéñðç ïïñîéñðç îêðòïë òðð îêðòïë îêðòïë
ïðéïï ÍßÓùÍ ÝÔËÞ Ü×ÎÛÝÌ
ïíçì ÝÑÒÝÛÍÍ×ÑÒÍ Ò×ÌÛ ßÌ ïðñîîñðç ïïñîïñðç ïðñîîñðç ïëéòéì òðð ïëéòéì
îêçí ÒÍ×Ð ÍÛÒ×ÑÎ ÍÛÎÊ×ÝÛÍ ïðñîðñðç ïïñïçñðç ïðñîðñðç ïïçòìê òðð ïïçòìê
îéëç ÝØÔÑÎÑÈ É×ÐÛÍ ïðñîðñðç ïïñïçñðç ïðñîðñðç ïïòéî òðð ïïòéî
íðìê ÍËÐÐÔ×ÛÍ ÉÌÐ ïðñîîñðç ïïñîïñðç ïðñîîñðç ïíðòïë òðð ïíðòïë
íççë ÚÑÑÜ ÚÑÎ ÚÔË ÍØÑÌÍ ïðñïçñðç ïïñïèñðç ïðñïçñðç îêòïë òðð îêòïë
ìïéì ÞßÒÜß×ÜÍ ïðñîéñðç ïïñîêñðç ïðñîéñðç ïçòëî òðð ïçòëî
ìïéë ÝÑÒÝÛÍÍ×ÑÒÍñÐÎ×ÆÛÍ Ò ïðñîéñðç ïïñîêñðç ïðñîéñðç îððòíð òðð îððòíð
ìîçî ÍËÐÐÔ×ÛÍ ÎÛÝ ÝÌÎ ïïñïïñðç ïîñïïñðç ïïñïïñðç ìêòéé òðð ìêòéé
ìîçç ÓÛßÔ Í×ÌÛ ÚÑÑÜñÜÎ×ÒÕ ïðñîèñðç ïïñîéñðç ïðñîèñðç ïðêòèð òðð ïðêòèð
ìííì ÊÛÒÜ×ÒÙ ÓßÝØ×ÒÛ ïðñîçñðç ïïñîèñðç ïðñîçñðç ìëòîð òðð ìëòîð
ììêè ÓÛßÔÍ×ÌÛ ÚÑÑÜñÜÎ×ÒÕ ïðñîîñðç ïïñîïñðç ïðñîîñðç ëêòèî òðð ëêòèî
ìéíï ÍËÐÐÔ×ÛÍ ÐÜ ïïñðëñðç ïîñðëñðç ïïñðëñðç ïðèòïë òðð ïðèòïë
ëïìë ÍËÐÐÔ×ÛÍ Ô×ÞÎßÎÇ ïïñïêñðç ïîñïêñðç ïïñïêñðç ìëòïî òðð ìëòïî
êðçî ÐÎ×ÒÌ×ÒÙ ïïñðëñðç ïîñðëñðç ïïñðëñðç îòîì òðð îòîì
êîîí ÍËÐÐÔ×ÛÍ ÎÛÝ ÝÌÎ ïïñðìñðç ïîñðìñðç ïïñðìñðç ïìíòìð òðð ïìíòìð
èêîí ÎÛÝÛÐÌ×ÑÒ ÒÛÉ ÌÛÎÓ Ý ïïñïéñðç ïîñïéñðç ïïñïéñðç îîòçê òðð îîòçê
èêíè ÍËÐÐÔ×ÛÍ ÎÛÝ ÝÌÎ ïïñïéñðç ïîñïéñðç ïïñïéñðç ïðèòìì òðð ïðèòìì ïôíëðòçì
ïîéïî ËÒ×ÌÛÜ ÍÌßÌÛÍ ÌÎÛßÍËÎÇ
ïïîéðç ÛÓÐÔÑÇÛÛ ÙßÎÒ×ÍØÓÛÒÌ ïïñîéñðç ïîñîéñðç ïïñîéñðç êëòðð òðð êëòðð êëòðð
ïíîíè ÊßÎÙÑ ú ÖßÒÍÑÒ
ïïîéðç ÉßÙÛ ßÍÍ×ÙÒÓÛÒÌ ÐÐýî ïïñîéñðç ïîñîéñðç ïïñîéñðç ïððòðð òðð ïððòðð ïððòðð
óóóóóóóóóóóó óóóóóóóóóóó óóóóóóóóóóóó óóóóóóóóóóóó
ÌÑÌßÔ ÐßÇÓÛÒÌÍ íôðêïòéê òðð íôðêïòéê íôðêïòéê
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ïîñïðñðç ïíæïëæðè ÞßÌÝØæ éðééè Ý·¬§ ±º Ô±«·-ª·´´» п¹» ï
¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ïíïïï ß×ÓÛÛ ÍÝØËÓÓ
ïîïððç ÛÈÐÛÒÍÛ ÎÛÐÑÎÌ ïïñîð ïîñðíñðç ðïñðîñïð ïîñðíñðç ëçòìð òðð ëçòìð ëçòìð
ïïïë ÝÑÔÑÒ×ßÔ ×ÒÍËÎßÒÝÛ
ïîðïëëíí ÜÛÝ ðç ÐÎÛÓ×ËÓÍ ïîñðîñðç ðïñðïñïð ïîñðîñðç ççòèð òðð ççòèð ççòèð
îïíî ÓÛÎÛÜÇÌØ ÓËÌØ
ïîïððç ÛÈÐÛÒÍÛ ÎÛÐÑÎÌ ïïñêó ïîñïðñðç ðïñðçñïð ïîñïðñðç ïêèòèè òðð ïêèòèè ïêèòèè
îêëî ÐÑÔÔÇ ÞÑÇÜ
ïîïððç ÛÈÐÛÒÍÛ ÎÛÐÑÎÌ îñïîó ïîñïðñðç ðïñðçñïð ïîñïðñðç îêòïí òðð îêòïí îêòïí
ïíîêë ÎÇßÒ ØËÎÔÛÇ
ïîðèðç ÞÎÑÒÆÛ ÝßÍÌ×ÒÙ ÞÎÛßË ïîñðèñðç ðïñðéñïð ïîñðèñðç ìôéëðòðð òðð ìôéëðòðð ìôéëðòðð
ïíîêí ÉßÒÝÑô ×ÒÝ
ïîðçðç ÍÑÔßÎ ÌÎßÚÚ×Ý Ü×ÍÐÔß ïîñïíñðç ðïñðèñïð ïîñðçñðç ïêôçççòðð òðð ïêôçççòðð ïêôçççòðð
óóóóóóóóóóóó óóóóóóóóóóó óóóóóóóóóóóó óóóóóóóóóóóó
ÌÑÌßÔ ÐßÇÓÛÒÌÍ îîôïðíòîï òðð îîôïðíòîï îîôïðíòîï
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ïîñïðñðç ðçæëêæëì ÞßÌÝØæ éðééë Ý·¬§ ±º Ô±«·-ª·´´» п¹» ï
¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ïïïîê ßÝÝ ÔßÒÜÍÝßÐÛ ÍÛÎÊ×ÝÛÍ
îðèëìð ÎÐÎ ÞÎÑÕÛÒ Óß×Ò Ô×ÒÛ ïïñîèñðç ïîñîèñðç ïïñîèñðç ïôéìëòïð òðð ïôéìëòïð
îðèëéï ÒÑÊ ðç ÍÑËÌØ ÔßÒÜÍÝß ïïñîèñðç ïîñîèñðç ïïñîèñðç çëçòðð òðð çëçòðð îôéðìòïð
éçðê ßÜÐ ÍÝÎÛÛÒ×ÒÙ ú ÍÛÔÛÝÌ×ÑÒ ÍÎÊÍ
ïððéíìîïïç ÞßÝÕÙÎÑËÒÜ ÝØÛÝÕÍ ïïñíðñðç ïîñíðñðç ïïñíðñðç îîòéí òðð îîòéí îîòéí
ïððê ßÔÔ ÝËÎÎÛÒÌ ÛÔÛÝÌÎ×Ýô ×ÒÝ
ïéèí ÞßÌÌÛÎ×ÛÍ ×Ò ËÐÍ ËÒ× ïïñîíñðç ïîñîíñðç ïïñîíñðç ïôëðêòïê òðð ïôëðêòïê ïôëðêòïê
ïððíí ßÔÎÛÝÑ ßÔËÓ×ÒËÓ ÍËÎÐÔËÍ
èïïçí ÉÌÐ ÍËÐÐÔ×ÛÍ ðèñïçñðç ðçñïèñðç ðèñïçñðç ïïçòëð òðð ïïçòëð ïïçòëð
ïíðëï ßÓÞÛÎÙ ÛÒÌÛÎÌß×ÒÓÛÒÌ
êèî ×ÒÚÔßÌßÞÔÛÍ ÚÑÎ Ò×ÌÛ ðèñîêñðç ðçñîëñðç ðèñîêñðç îôîððòðð òðð îôîððòðð îôîððòðð
ïðêíë ßÓÛÎ×ÝßÒ ÐßÇÎÑÔÔ ßÍÍÑÝ×ßÌ×ÑÒ
ïéèìïìîðïð îðïð ÓÛÓÞÛÎÍØ×Ð ÞßÎÞ ïðñíïñðç ïïñíðñðç ïðñíïñðç ïçëòðð òðð ïçëòðð ïçëòðð
ïíîêê ßÓÉÛÍÌ ÝÑÒÌÎÑÔô ×ÒÝ
êìîê ÍÝßÜß ÍÝÎÛÛÒ ÓÑÜ×Ú×Ý ïïñïèñðç ïîñïèñðç ïïñïèñðç ïôíðîòðð òðð ïôíðîòðð ïôíðîòðð
ïîïêî ßÒßÔÇÌ×Ýß ÙÎÑËÐ
ïðêçðê ÓÑÒÌØÔÇ ÉßÌÛÎ ÌÛÍÌÍ ïïñîíñðç ïîñîíñðç ïïñîíñðç íïèòðð òðð íïèòðð
ïðêçðé ÓÑÒÌØÔÇ ÞßÝÌ ÌÛÍÌÍ ïïñîìñðç ïîñîìñðç ïïñîìñðç ïîêòðð òðð ïîêòðð
ïðéïðî ÌÛÍÌ×ÒÙ ÝØÔÑÎ×ÌÛ ÎÛÍ ïîñðîñðç ðïñðïñïð ïîñðîñðç íêðòðð òðð íêðòðð
ïðéïëê ÓÑÒÌØÔÇ ÞßÝÌ ÌÛÍÌÍ ïîñðíñðç ðïñðîñïð ïîñðíñðç ïîêòðð òðð ïîêòðð çíðòðð
ïððíé ßÎÌÛÝØ ÞËÍ×ÒÛÍÍ ÚÑÎÓÍ
ððíèîíóðð ÔßÍÛÎ ÝØÛÝÕ ÍÌÑÝÕ ïïñîìñðç ïîñîìñðç ïïñîìñðç ïéîòíé òðð ïéîòíé ïéîòíé
ïíîíë Þ ú Ù ÛÏË×ÐÓÛÒÌ
ïïïíðç ÝßÞñÚÎÑÒÌ ÞÔßÜÛ ÕËÞÑ ïïñíðñðç ïîñíðñðç ïïñíðñðç éôîïðòðð òðð éôîïðòðð éôîïðòðð
ëðë ÞßÕÛÎ ¿²¼ ÌßÇÔÑÎ Ê×ÜÛÑÍ
Øçðçîìëîð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðíñðç ïîñðíñðç ïïñðíñðç îêòðè òðð îêòðè
Éíðèéëîïð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðíñðç ïîñðíñðç ïïñðíñðç îîòðê òðð îîòðê
Éíðèéëîïï ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðíñðç ïîñðíñðç ïïñðíñðç îïòîî òðð îïòîî
Éíïëðïîçð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðìñðç ïîñðìñðç ïïñðìñðç çéòðë òðð çéòðë
Éíïëðêçìð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðëñðç ïîñðëñðç ïïñðëñðç ïïòèè òðð ïïòèè
Éíïëðêçìï ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðëñðç ïîñðëñðç ïïñðëñðç ëìòðî òðð ëìòðî
Éíïëêîèðð ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñðëñðç ïîñðëñðç ïïñðëñðç êéòîè òðð êéòîè
Éíïééééíð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïéñðç ïîñïéñðç ïïñïéñðç ïðòïè òðð ïðòïè
Éíïééééíï ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïéñðç ïîñïéñðç ïïñïéñðç ïèòìî òðð ïèòìî
Éíîìîíìêð ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñïçñðç ïîñïçñðç ïïñïçñðç ïìòïì òðð ïìòïì
Éíîìîíìêï ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñïçñðç ïîñïçñðç ïïñïçñðç êðòîð òðð êðòîð ìðîòëí
6
¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
éêíê ÞßÕÛÎ ßÒÜ ÌßÇÔÑÎóÝÑÒÌ ßÝÝÌ
ëðïðìëëííî ÎÛÚÛÎÛÒÝÛ ÝÑÒÌ×ÒËßÌ× ïïñðìñðç ïîñðìñðç ïïñðìñðç çêòíí òðð çêòíí
ëðïðìêéçìí ÎÛÚÛÎÛÒÝÛ ÝÑÒÌ×ÒËßÌ× ïïñïïñðç ïîñïïñðç ïïñïïñðç ìëòéì òðð ìëòéì
ëðïðìçìëïð ÎÛÚÛÎÛÒÝÛ ÝÑÒÌ×ÒËßÌ× ïïñîëñðç ïîñîëñðç ïïñîëñðç êëòêí òðð êëòêí îðéòéð
íççë ÞÑÎßÔ ßÙÙÎÛÙßÌÛÍ
íéêèïï ÍÏËÛÛÙÛÛ ïðñïçñðç ïïñïèñðç ïðñïçñðç ïèïòìî òðð ïèïòìî ïèïòìî
ïîèèð ÞÑÇßÙ×ßÒ ÝÑÒÍËÔÌ×ÒÙô ÔÔÝ
ïîðëðç ØÉÇíê ÝÑÒÍËÔÌ×ÒÙ ïïñ ïîñðëñðç ðïñðìñïð ïîñðëñðç ìôëèíòðð òðð ìôëèíòðð ìôëèíòðð
êîïð ÞÎËÝÛ Éò ÖÑÍÍ
ïïîíðç ÒÑÊðç ÓËÒ×Ý×ÐßÔ ÖËÜÙ ïïñîíñðç ïîñîíñðç ïïñîíñðç ïôêððòðð òðð ïôêððòðð ïôêððòðð
ïððçð ÝßÜÝÑ ×ÒÝ
çðïîè ÝßÜ ÜÎßÚÌ ÍÛÎÊ ÑÚ ÜÑ ïïñîíñðç ïîñîíñðç ïïñîíñðç îôëððòðð òðð îôëððòðð îôëððòðð
ïðçðð ÝßÎÑÔ ÝÎÛÛÝØ
ïîðîðç ÎÛ×ÓÞ ÒÑÒóÎÛÍ ÛÈÐßÒÜ ïîñðèñðç ðïñðéñïð ïîñðèñðç ïïïòðð òðð ïïïòðð ïïïòðð
ïíðîë ÝßÎÌÛÙÎßÐØ ÍÇÍÌÛÓÍô ×ÒÝ
Îóðêðêíóß ÚÔÛÈÔ×ÝÛÒÍÛ ìóÐÕ ÎÛÒ ïïñðíñðç ïîñðíñðç ïïñðíñðç îççòìç òðð îççòìç
Îóðêðêíóß ÚÔÛÈÔ×ÝÛÒÍÛ ìóÐÕ ÎÛÒ ïïñðíñðç ïîñðíñðç ïïñðíñðç ëçòçð òðð ëçòçð
Îóðêðêíóß ÚÔÛÈÔ×ÝÛÒÍÛ ìóÐÕ ÎÛÒ ïïñðíñðç ïîñðíñðç ïïñðíñðç çèòíî òðð çèòíî
Îóðêðêíóß ÚÔÛÈÔ×ÝÛÒÍÛ ìóÐÕ ÎÛÒ ïïñðíñðç ïîñðíñðç ïïñðíñðç ëçòèç òðð ëçòèç ëïéòêð
ïîîìë ÝÝÝÓß
ïïîìðç îðïð ÝÝÝÓß ÝÑÒÚ ÎÛÙ ïïñîìñðç ïîñîìñðç ïïñîìñðç çðòðð òðð çðòðð
ïïîëðç îðïð ÝÝÝÓß ÝÑÒÚ ÎÛÙ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïéðòðð òðð ïéðòðð îêðòðð
çíë ÝÛÒÌÛÒÒ×ßÔ ÐÎ×ÒÌ×ÒÙ
ìêðéç ÐÛÎÚÛÎßÌÛÜ ÐßÐÛÎ ÍÌÑ ïïñîìñðç ïîñîìñðç ïïñîìñðç ëëòðð òðð ëëòðð
ìêïîí É×ÒÌÛÎ ÒÛÉÍÔÛÌÌÛÎ ÐÎ ïîñðîñðç ðïñðïñïð ïîñðîñðç ìôëèëòèë òðð ìôëèëòèë ìôêìðòèë
ïððë ÝØÛÓßÌÑÈ ÔßÞÑÎßÌÑÎÇô ×ÒÝ
îìéî ÜË× ÞÔÑÑÜ ÌÛÍÌ×ÒÙ ïïñîíñðç ïîñîíñðç ïïñîíñðç íëòðð òðð íëòðð íëòðð
ïïíèð ÝØ×ÔÜùÍ ÐÔßÇ
çïóçðîê ÐÔßÇÙÎÑËÒÜ ÍËÎÚßÝÛ Ð ïïñíðñðç ïîñíðñðç ïïñíðñðç ïíôèèçòðè òðð ïíôèèçòðè ïíôèèçòðè
ïíðïç Ý×ÌÇ ÑÚ ßËÎÑÎß
ïîðìðç ÎÛÊ×ÛÉ ÍÌ Ô×ÙØÌ ÎßÌÛ ïîñðìñðç ðïñðíñïð ïîñðìñðç íîéòëð òðð íîéòëð íîéòëð
ïðíèî ÝÑÞ×ÌÝÑô ×ÒÝ
îéçíì ßÎß ÌÇÐÛ ßóÐß×Ô ÎÛÚ× ïïñíðñðç ïîñíðñðç ïïñíðñðç íëòìð òðð íëòìð íëòìð
7
¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ïîëð ÝÑÔÑÎßÜÑ ÓËÒ×Ý×ÐßÔ ÔÛßÙËÛ
îëîð îðïð ÝÓÔ ÓÛÓÞÛÎÍØ×Ð ïïñïéñðç ïîñïéñðç ïïñïéñðç ïêôïêçòðð òðð ïêôïêçòðð ïêôïêçòðð
ïïìëì ÝÑÓÐÎ×ÍÛ ÌÛÝØÒÑÔÑÙ×ÛÍô ×ÒÝ
îððçðçïîçï ßÒÒËßÔ ÍÑÚÌÉßÎÛ Ô×Ýñ ïðñðïñðç ïðñíïñðç ïðñðïñðç îôëêëòðð òðð îôëêëòðð îôëêëòðð
ïíïêì ÜÛÒÊÛÎ ÉßÌÛÎ
îèìíéí ÍÌ ÊÎß×Ò ÉßÌÛÎÍØÛÜ ß ïðñîïñðç ïïñîðñðç ïðñîïñðç ïôëððòðð òðð ïôëððòðð ïôëððòðð
ïïîïì ÜËÌÕÑ ÉÑÎÔÜÉ×ÜÛô ÔÔÝ
×ÒÊðîííðèì ÚÛÛÍ ÚÑÎ ÍÛÎÊ ïîñïëñ ïîñðîñðç ðïñðïñïð ïîñðîñðç ìôëèíòðð òðð ìôëèíòðð ìôëèíòðð
ïíðëç ÛÒÊ×ÎÑÐÛÍÌ
îðéèíè ÎÑÜÛÒÌ ÝÑÒÌÎÑÔ ïïñïéñðç ïîñïéñðç ïïñïéñðç êîòëð òðð êîòëð
îðéèíç ÎÑÜÛÒÌ ÝÑÒÌÎÑÔ ïïñïéñðç ïîñïéñðç ïïñïéñðç êîòëð òðð êîòëð ïîëòðð
êîëè ÛÒÊ×ÎÑÌÛÝØ ÍÛÎÊ×ÝÛÍô ×ÒÝ
îðïððîìëè ×ÝÛ ÍÔ×ÝÛÎ ïïñîðñðç ïîñîðñðç ïïñîðñðç îôîïîòìì òðð îôîïîòìì
îðïððîêíî ×ÝÛ ÍÔ×ÝÛÎ ïïñîìñðç ïîñîìñðç ïïñîìñðç îôïéèòìí òðð îôïéèòìí ìôíçðòèé
îðîð Ú×ÍØÛÎ ÍÝ×ÛÒÌ×Ú×Ý ÝÑô ÔÔÝ
ïïëìîëç ØÇÜÎÑÝØÔÑÎ×Ý ßÒÜ Ò×Ì ïïñîìñðç ïîñîìñðç ïïñîìñðç ïêíòçî òðð ïêíòçî ïêíòçî
ïðéìè ÙÎßÚ×Õ Ðß×ÒÌ×ÒÙ
ïïïêðçðï ÛÈÌÛÎ×ÑÎ Í×ÙÒ Ðß×ÒÌ× ïïñïêñðç ïîñïêñðç ïïñïêñðç îôîéêòëð òðð îôîéêòëð îôîéêòëð
êìë ØËÓßÒÛ ÍÑÝ×ÛÌÇ ÑÚ ÞÔÜÎ ÊßÔÔÛÇ
çðçðí íÎÜ ÏÌÎ ßÒ×ÓßÔ ×ÓÐÑË ïîñðîñðç ðïñðïñïð ïîñðîñðç ïôîëðòðð òðð ïôîëðòðð ïôîëðòðð
çéïð ×ÒÜËÍÌÎ×ßÔ ÝØÛÓ×ÝßÔ ÝÑÎÐ
ïííêèï ÞËÔÕ ÔÑßÜ ÍÑÜ×ËÓ Í×Ô ïïñîíñðç ïîñîíñðç ïïñîíñðç çôìîíòèï òðð çôìîíòèï çôìîíòèï
îêïë ×ÒÙÎßÓ
ìêèêèêêè ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðìñðç ïîñðìñðç ïïñðìñðç èíòëç òðð èíòëç
ìêçðêìêè ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðíñðç ïîñðíñðç ïïñðíñðç íçëòéï òðð íçëòéï
ìêçêçêíê ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðëñðç ïîñðëñðç ïïñðëñðç ìéòêé òðð ìéòêé
ìêçèïêèî ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðëñðç ïîñðëñðç ïïñðëñðç çìòçê òðð çìòçê
ìéðîîíçî ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñðèñðç ïîñðèñðç ïïñðèñðè ïïòëð òðð ïïòëð
ìéðèéïéî ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïïñðç ïîñïïñðç ïïñïïñðç ììïòèí òðð ììïòèí
ìéïìêðçð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïíñðç ïîñïíñðç ïïñïíñðç êïìòîì òðð êïìòîì
ìéïêðïëð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïíñðç ïîñïíñðç ïïñïíñðç ïçêòîí òðð ïçêòîí
ìéîïìîèë ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïéñðç ïîñïéñðç ïïñïéñðç ïïçòéç òðð ïïçòéç
ìéîîêððî ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïéñðç ïîñïéñðç ïïñïéñðç íëïòèð òðð íëïòèð
ìéîíéëçç ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïèñðç ïîñïèñðç ïïñïèñðç íëòéì òðð íëòéì
ìéîèîìíç ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñïçñðç ïîñïçñðç ïïñïçñðç îèòêð òðð îèòêð
ìéíðçèìé ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîðñðç ïîñîðñðç ïïñîðñðç éïòíë òðð éïòíë
ìéíïééçì ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîîñðç ïîñîîñðç ïïñîîñðç ïðëòðç òðð ïðëòðç
ìéííéìêï ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîíñðç ïîñîíñðç ïïñîíñðç ïìòðê òðð ïìòðê
8
¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ìéíêëêìç ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîìñðç ïîñîìñðç ïïñîìñðç îíèòìé òðð îíèòìé
ìéìîìíïê ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîéñðç ïîñîéñðç ïïñîéñðç éçòëç òðð éçòëç
ìéìíçïîç ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîéñðç ïîñîéñðç ïïñîéñðç îèìòíï òðð îèìòíï
ìéìíçïíð ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñîéñðç ïîñîéñðç ïïñîéñðç ïççòèì òðð ïççòèì íôìïìòíé
èèèð ×ÒÙÎßÓ ÞÑÑÕ ÝÑÓÐßÒÇ
ìéîéïðíí ÎÛÚÛÎÛÒÝÛ ÞÑÑÕÍ ïïñïçñðç ïîñïçñðç ïïñïçñðç ïèòïì òðð ïèòïì ïèòïì
èèèï ×ÒÙÎßÓ ÞÑÑÕ ÝÑÓÐßÒÇ
ìêèìëíéê ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïðñíðñðç ïïñîçñðç ïðñíðñðç íîðòèð òðð íîðòèð
ìêçíðéíð ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñðíñðç ïîñðíñðç ïïñðíñðç ïïçòèë òðð ïïçòèë
ìêçíéêëð ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñðìñðç ïîñðìñðç ïïñðìñðç éíèòéë òðð éíèòéë
ìêçêçêíë ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñðëñðç ïîñðëñðç ïïñðëñðç îìïòèê òðð îìïòèê
ìéðïìîîð ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñðêñðç ïîñðêñðç ïïñðêñðç îëòéï òðð îëòéï
ìéðîîíçï ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñðèñðç ïîñðèñðç ïïñðèñðç íðòìë òðð íðòìë
ìéðèéïéï ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñïïñðç ïîñïïñðç ïïñïïñðç éèèòìð òðð éèèòìð
ìéïìêðèç ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñïíñðç ïîñïíñðç ïïñïíñðç îìðòëð òðð îìðòëð
ìéîéðéêë ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñïçñðç ïîñïçñðç ïïñïçñðç èîòìï òðð èîòìï
ìéíïééçí ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñîîñðç ïîñîîñðç ïïñîîñðç ïïçòïí òðð ïïçòïí
ìéííéìêð ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñîíñðç ïîñîíñðç ïïñîíñðç ïììòïé òðð ïììòïé
ìéìíçïîè ßÜËÔÌ ÞÑÑÕÍ ßÒÜ ÓÛÜ× ïïñîéñðç ïîñîéñðç ïïñîéñðç ïíèòìë òðð ïíèòìë îôççðòìè
ïíîèð ×ÒÍ×ÙØÌ ÐËÞÔ×Ý ÍÛÝÌÑÎ
çèïéêçé ÑÚÚ×ÝÛ îððé Ô×ÝÛÒÍÛÍ ïïñïíñðç ïîñïíñðç ïïñïíñðç ëìôçëéòðð òðð ëìôçëéòðð ëìôçëéòðð
ïðëëî ×ÒÌÛÎÒßÌ×ÑÒßÔ ÓßÎÌ×ßÔ ßÎÌÍ
ïîðéðç ÝÑÒÌÎßÝÌÑÎ ÚÛÛÍ ÕßÎß ïîñðéñðç ðïñðêñïð ïîñðéñðç ïôëëçòêð òðð ïôëëçòêð ïôëëçòêð
ïððïí Õ ßÒÜ Ö ÐÑÉÛÎ ÍÉÛÛÐ×ÒÙ
çïïïîë ÒÑÊ ðç ÐÑÉÛÎ ÍÉÛÛÐ Ô ïïñíðñðç ïîñíðñðç ïïñíðñðç ïêëòðð òðð ïêëòðð ïêëòðð
íðçë ÔÑË×ÍÊ×ÔÔÛ ÝËÔÌËÎßÔ ÝÑËÒÝ×Ô
ïîðíðç ÖÑØÒ ÍÓ×ÌØ ÝÑÒÝÛÎÌ Ú ïîñðíñðç ðïñðîñïð ïîñðíñðç ïéêòðð òðð ïéêòðð ïéêòðð
ïíïîí ÓßÎÙßÎÛÌ Ó ÒÑÊßÕ
çîé ÝÎÛÓßÌ×ÑÒ ÞËÎ×ßÔ ÌÎË ïïñîèñðç ïîñîèñðç ïïñîèñðç ìíìòðð òðð ìíìòðð
çîè ÚËÔÔ ÞËÎ×ßÔ ßÞÞÑÌÌ ïîñðçñðç ðïñðèñïð ïîñðçñðç èçêòðð òðð èçêòðð ïôííðòðð
ïçìé ÓßÎÌ×Ò Î ÍÌßßÞ
ïïðïðç ÑÝÌðç ÐÎÑÍÛÝËÌ×ÒÙ ßÌ ïïñðïñðç ïîñðïñðç ïïñðïñðç ïôîéðòëð òðð ïôîéðòëð
ïïîëðç ÒÑÊðç ÐÎÑÍÛÝËÌ×ÒÙ ßÌ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïôíêëòðð òðð ïôíêëòðð îôêíëòëð
ïï ÌËÎÒÐ×ÕÛ ÔÑÜÙ×ÒÙ ÔÔÝ
ïðîèðç ÎÛÚËÒÜ ÑÊÛÎÐßÇÓÛÒÌ Ë ïðñîèñðç ïïñîéñðç ïðñîèñðç ëôîííòìé òðð ëôîííòìé ëôîííòìé
ïï ÝÎß×Ù ú ÖÑßÒ ÍÑËÎÞÛÛÎ
ïïîíðç ÎÛÚËÒÜ ÑÊÛÎÐßÇÓÛÒÌ ß ïïñîíñðç ïîñîíñðç ïïñîíñðç çèòìê òðð çèòìê çèòìê
9
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ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ïîîíê ÓÑÍÌ ÜÛÐÛÒÜßÞÔÛ ÚÑËÒÌß×ÒÍ
×ÒÊïéðîç ÜÎ×ÒÕ ÚÑËÒÌß×Ò ÔÍÊÔ ïïñïïñðç ïîñïïñðç ïïñïïñðç îôïíëòðð òðð îôïíëòðð îôïíëòðð
ïïðêï ÓÑËÒÌß×Ò ÐÛßÕ ÝÑÒÌÎÑÔÍô ×ÒÝ
ëðéê ÝØÕ ÝÑÒÌ ÞÔÑÉÛÎ ßÜÜÛ ïïñîìñðç ïîñîìñðç ïïñîìñðç êîðòðð òðð êîðòðð êîðòðð
çêêè ÓËÒ×Ý×ÐßÔ ÝÑÜÛ ÝÑÎÐÑÎßÌ×ÑÒ
ïïéçðí ÔÍÊÔ ÓËÒ ÝÑÜÛ ÍËÐÐÔÛ ïïñîìñðç ïîñîìñðç ïïñîìñðç èìíòèð òðð èìíòèð èìíòèð
ïíîëë ÑÝØÍ ÉßÈÛÍ ÐÑËÎ×ÒÙ ú ÓÑÔÜÓßÕ×Ò
ïëéé ßÜÜ ÝÑÍÌ ÞÎÛßËÈ ÍÌßÌ ïïñíðñðç ïîñíðñðç ïïñíðñðç ìðëòðð òðð ìðëòðð ìðëòðð
ïïðèð ÐÛßÕ ÐËÓÐ ÍßÔÛÍ ×ÒÝ
ïîìçì ÉÛßÎ ÐÔßÌÛÍ Õ×Ì ÎßÍ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïôêéðòçð òðð ïôêéðòçð ïôêéðòçð
ïðçëï Ð×ÒÒßÝÑÔ ßÍÍËÎßÒÝÛ
ïëïêïíëð ÉÑÎÕÛÎÍ ÝÑÓÐ ÐÎÛÓ×ËÓ ïîñðìñðç ðïñðíñïð ïîñðìñðç ïìôêëêòðð òðð ïìôêëêòðð ïìôêëêòðð
ïíðçë ÐÍÇÝØÑÔÑÙ×ÝßÔ Ü×ÓÛÒÍ×ÑÒÍô ÐÝ
ðçóïïìì ÐÑÍÌ ÑÚÚÛÎ ÖÑÞ ßÍÍÛÍ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïîëòðð òðð ïîëòðð ïîëòðð
ïïïëê ÏËßÔ×ÌÇ ÐßÊ×ÒÙ ÝÑÓÐßÒÇ
èëé ÞËÔÕ ÉßÌÛÎ ÓÛÌÛÎ ÎÛÚ ïîñðéñðç ðïñðêñïð ïîñðéñðç êìîòðð òðð êìîòðð êìîòðð
ïðíç ÎßÒÜßÔÔ ÌßÕßÓßÌÍË Ò×ÍØ×ÇßÓß
ìíêëéî ÝÑÒÌÎßÝÌÑÎ ÚÛÛÍ ó Ìß ïïñîèñðç ïîñîèñðç ïïñîèñðç ïéïòëð òðð ïéïòëð ïéïòëð
ïïëìë Í×ÛÓÛÒÍ ÉßÌÛÎ ÌÛÝØÒÑÔÑÙ×ÛÍ
çððïéèéí ÍÕ×ÓÓÛÎ ÞÔßÜÛ ïïñîðñðç ïîñîðñðç ïïñîðñðç éëîòðð òðð éëîòðð
çððïéèéì èðù ÝÔßÎ×Ú×ÛÎ ÐßÎÌÍô ïïñîðñðç ïîñîðñðç ïïñîðñðç ëíëòðð òðð ëíëòðð
çððïéèéë ÝÔßÎ×Ú×ÛÎ ÐßÎÌÍñÍÏËÛ ïïñîðñðç ïîñîðñðç ïïñîðñðç èéòðð òðð èéòðð ïôíéìòðð
ïîïë Í×ÌÛÉÑÎÕÍ ÍÛÎÊ×ÝÛÍô ×ÒÝ
í ÝÑÒÍÌ ßÜÓ×Ò ÍÛÎÊ ÝÛÓ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïôðððòðð òðð ïôðððòðð ïôðððòðð
ïíïèé ÌÝî ÝÑÒÍÌÎËÝÌ×ÑÒ ÝÑÓÐßÒÇ
ßÐýí ÔÍÊÔ ÝÛÓÛÌÛÎÇ ÛÈÐßÒÍ ïîñðçñðç ðïñðèñïð ïîñðçñðç îçôçðëòêç òðð îçôçðëòêç îçôçðëòêç
ïîïèç ÌÛÎÎÇ ÐßÔÓÛÎ ÍÌßÙÛ ÍÛÎÊ×ÝÛÍ
íêèéê Ú×ÌÆÑÒÛ ÍÌÛÎÛÑ Óß×ÒÌ ïïñîéñðç ïîñîéñðç ïïñîéñðç ïððòðð òðð ïððòðð ïððòðð
ïîìî ÌØÛ ÝßÎÜ ÍÌÑÎÛô ×ÒÝ
íîéî ÐÑÍÌßÙÛ ÙßÍ ÝßÎÜÍ ïîñðïñðç ïîñíïñðç ïîñðïñðç ïìòçë òðð ïìòçë ïìòçë
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¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
éðïî ÌØÛ ÙÎÛÛÒ ÐÔßÒô ×ÒÝ
íçëêçïïîí Ó×ÍÝ ÌÎÛÛ ÉÑÎÕ ïïñîíñðç ïîñîíñðç ïïñîíñðç îôðçëòðð òðð îôðçëòðð îôðçëòðð
ïíðçè ÌØÛ ÉßÝÕÛÒØËÌ ÝÑÎÐÑÎßÌ×ÑÒ
ëíëììéé ÞßÔ×ÚÚ ÍÛÎÊ×ÝÛÍ ïïñï ïïñîîñðç ïîñîîñðç ïïñîîñðç ïðìòðð òðð ïðìòðð ïðìòðð
ïîìð Ì×ÛÒÕÛÒ ú Ø×ÔÔô ÔÔÐ
ïîðíðç ÒÑÊ ðç ÉßÌÛÎ ×ÍÍËÛÍ ïîñðíñðç ðïñðéñïð ïîñðèñðç îôêëîòíê òðð îôêëîòíê îôêëîòíê
ïíîèî ÌÎÑÇ Ü ÓÝÐÛßÕ
ïïîíðç ÝÑÒÌÎßÝÌÑÎ ÚÛÛÍ ó ÇÑ ïïñîíñðç ïîñîíñðç ïïñîíñðç éëòêð òðð éëòêð éëòêð
ïîíéè ËÔÌÎßÓßÈ
ïïðïèï ßÓÓËÒ×Ì×ÑÒ ÚÑÎ ÐÜ ïïñïðñðç ïîñïðñðç ïïñïðñðç îôðìðòðð òðð îôðìðòðð îôðìðòðð
ìéêë ËÒÝÝ ×ÒÝ
îðçïïìðí ÒÑÊ ðç ÔÑÝßÌÛÍ ïïñíðñðç ïîñíðñðç ïïñíðñðç îíéòïê òðð îíéòïê îíéòïê
ïíîìï ËÒ×ÌÛÜ ÎÛÐÎÑÙÎßÐØ×Ý ÍËÐÐÔÇô ×Ò
ðîðêèéëó×Ò ÜÛÝ ðç Óß×ÒÌ ÚÛÛ ÑÝÛ ïîñðìñðç ðïñðíñïð ïîñðìñðç èîòðð òðð èîòðð èîòðð
êëðç ËÍß ÞÔËÛÞÑÑÕô ×ÒÝ
çìðíëð ÐÊÝ ÐßÎÌÍ ÐÑÔÇÓÛÎ ÍÇ ïïñïèñðç ïîñïèñðç ïïñïèñðç èéòçê òðð èéòçê èéòçê
ïîíêê ÊÛÔÑÜÇÒÛ ÊÛÔÑÝ×ÌÇ ÜÇÒßÓ×ÝÍ
ïëîèè ÍÌßÌÑÎ ÚÑÎ ÐÑÔÇÓÛÎ Ð ïïñîíñðç ïîñîíñðç ïïñîíñðç éìëòðð òðð éìëòðð éìëòðð
ïïïëï ÉßÌÛÎ ÌÎÛßÌÓÛÒÌ ÝØÛÓ×ÝßÔÍ
ðççðèïìó×Ò ÞËÔÕ ÔÑßÜ ßÔËÓ ÝØÔÑÎ ïïñíðñðç ïîñíðñðç ïïñíðñðç ïëôêçðòçð òðð ïëôêçðòçð ïëôêçðòçð
ìçðë ÉÛßÎ ÐßÎÌÍ
ïèêèð ßËÙÛÎ ÞÔßÜÛ Ì×ÐÍ ïïñïçñðç ïîñïçñðç ïïñïçñðç ïôêëðòðð òðð ïôêëðòðð ïôêëðòðð
ïïïêè ÉÛÍÌÛÝØ ÛÒÙ×ÒÛÛÎ×ÒÙ
íéëìð ïîð ÝÔß×Ú×ÛÎ ÐßÎÌÍ ïïñíðñðç ïîñíðñðç ïïñíðñðç éìéòìç òðð éìéòìç éìéòìç
ïïðçì ÉÛÍÌÛÎÒ Ü×ÍÐÑÍßÔ ÍÛÎÊ×ÝÛÍ
ïïïïðç ÑÝÌ ðç ÎÛÍ×ÜÛÒÌ×ßÔ Í ïïñïïñðç ïîñïïñðç ïïñïïñðç èíôêèïòéè òðð èíôêèïòéè èíôêèïòéè
éíðï ÉÛÍÌÍ×ÜÛ ÝÎßÒÛ ÍÛÎÊ×ÝÛô ×ÒÝ
ïëðêí ÐËÔÔÛÜ ßÞßÍ×Ò ØÛßÜÛÎ ïïñíðñðç ïîñíðñðç ïïñíðñðç ëîëòðð òðð ëîëòðð ëîëòðð
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¿°îïëó´- ÐÛÎ×ÑÜæïîñïðñðç ÝßÍØ Ü×ÍÞËÎÍÛÓÛÒÌÍ ÛÜ×Ì ¼·¿²»µ
ÚÑÎ ÞßÒÕ ßÝÝÑËÒÌæ í Ú×ÎÍÌ ÒßÌ×ÑÒßÔ ÞßÒÕ ÑÚ ÝÑÔÑ Ù»²»®¿´ Ñ°»®¿¬·²¹ ß½½±«²¬
ײª Ò±ò Ü»-½®·°¬·±² ײª ܬ Ü«» ܬ Ü·-½ ܬ ײª ß³¬ Ü·-½ ß³¬ п§ ß³¬ ݸ»½µ ß³¬
óóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóóó
ïîççé ÉØ×ÌÛÍÌÑÒÛ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÛÎÊ
îðîé ×ÒÍÌßÔÔ ÙÎ×Ü ÝÛ×Ô×ÒÙ ïïñîìñðç ïîñîìñðç ïïñîìñðç îôëððòðð òðð îôëððòðð
îðîè Ô×ÞÎßÎÇ ÐßÎÕ×ÒÙ ÙßÎß ïïñîìñðç ïîñîìñðç ïïñîìñðç íôíïèòêë òðð íôíïèòêë ëôèïèòêë
ïïíèï É×ÔÔ×ßÓ Ö ØÇÒÛÍ
îëêí Ú×ÒÛ ÌËÒÛ ÝÛÒÌÎßÔ ÝÑ ïðñíïñðç ïïñíðñðç ïðñíïñðç ïôëèìòðð òðð ïôëèìòðð
îëêì Ú×ÒÛ ÌËÒÛ ÝÛÒÌÎßÔ ÝÑ ïïñïëñðç ïîñïëñðç ïïñïëñðç ïôèçëòðð òðð ïôèçëòðð
îëéð ×ÒÍÌßÔÔ ßÛÎßÌ×ÑÒ ÍÇÍ ïïñíðñðç ïîñíðñðç ïïñíðñðç çéëòðð òðð çéëòðð
îëéï ×ÒÍÌßÔÔ ÍÍ ÍÛÒÌ×ÒÛÔ ïïñíðñðç ïîñíðñðç ïïñíðñðç èèêòðð òðð èèêòðð ëôíìðòðð
ïðèèì ÉÑÎÜ ÑÚ ÓÑËÌØ
éïêèëè ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïïñîíñðç ïîñîíñðç ïïñîíñðç ïçêòðð òðð ïçêòðð
éïêèéï ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïïñîìñðç ïîñîìñðç ïïñîìñðç ïíéòëð òðð ïíéòëð
éïêèèí ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïëëòëð òðð ïëëòëð
éïêçîï ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïïñíðñðç ïîñíðñðç ïïñíðñðç ïìêòëð òðð ïìêòëð
éïêçíé ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïîñðïñðç ïîñíïñðç ïîñðïñðç ïêçòðð òðð ïêçòðð
èíçìðî ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïîñðîñðç ðïñðïñïð ïîñðîñðç ïííòðð òðð ïííòðð
èíçìïê ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓ ïîñðíñðç ðïñðîñïð ïîñðíñðç ïìêòëð òðð ïìêòëð
èíçìïç ÓÛßÔ Í×ÌÛ ÐÎÑÙÎßÓò ïîñðìñðç ðïñðíñïð ïîñðìñðç ïîìòðð òðð ïîìòðð ïôîðèòðð
éçîì ÉÑÎÔÜ ÞÑÑÕ ×ÒÝ
ÉÞÛïíçëëïç ÝØ×ÔÜÎÛÒÍ ÞÑÑÕÍ ßÒÜ ïïñíðñðç ïîñíðñðç ïïñíðñðç éççòðð òðð éççòðð éççòðð
ïïëèê ÈÝÛÔ×ÙÛÒÌ
çêíðê ÞÎßÜ ÉÛÞÍ×ÌÛ ÍÛßÎÝØ ïîñðïñðç ïîñíïñðç ïîñðïñðç ïôíïìòçç òðð ïôíïìòçç ïôíïìòçç
ïïëïê ÆÊÝ
îïêé ÒÑÊðç ÍØÑÐ ÔÍÊÔ ÓßÎÕ ïïñîëñðç ïîñîëñðç ïïñîëñðç ïôëððòðð òðð ïôëððòðð ïôëððòðð
óóóóóóóóóóóó óóóóóóóóóóó óóóóóóóóóóóó óóóóóóóóóóóó
ÌÑÌßÔ ÐßÇÓÛÒÌÍ íìðôéíêòéç òðð íìðôéíêòéç íìðôéíêòéç
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22
City Council
Meeting Minutes
December 1, 2009
City Hall, Council Chambers
749 Main Street
7:00 PM
Call to Order – Mayor Charles Sisk called the meeting to order at 7:00 p.m.
Roll Call was taken and the following members were present:
City Council: Mayor Charles Sisk, Mayor Pro Tem Sheri
Marsella Councilors: Dave Clabots, Hank Dalton,
Ron Sackett, Frost Yarnell and Robert Muckle
Staff Present: Malcolm Fleming, City Manager
Heather Balser, Deputy City Manager
Tom Phare, Public Works Director
Kevin Watson, Finance Director
Bruce Goodman, Police Chief
Paul Wood, Planning Director
Chris Browning, IT Manager
Mike Jones, Chief Building Official
Meredyth Muth, Public Relations Manager
Nancy Varra, City Clerk
Others Present: Sam Light, City Attorney
PLEDGE OF ALLEGIANCE
All rose for the pledge of allegiance to the flag.
APPROVAL OF AGENDA
Mayor Sisk called for changes to the agenda and hearing none, moved the
agenda be approved, seconded by Councilor Dalton. All were in favor.
APPROVAL OF THE CONSENT AGENDA
Mayor Sisk called for changes to the consent agenda and hearing none, moved
the agenda be approved, seconded by Councilor Muckle. All were in favor.
City of Louisville
City Council 749 Main Street Louisville CO 80027
303.335.4533 (phone) 303.335.4550 (fax) www.louisvilleco.gov
23
City Council
Meeting Minutes
December 1, 2009
Page 2 of 12
A. Approval of Bills
B. Approval of Meeting Minutes – November 17, 2009
C. Approval of Agreement for Consulting Services with Custom
Automation for Water System Instrumentation and SCADA
Services
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Dominic Yang, 1195 E. Coalton Road, Superior, CO explained he is a student at
Monarch High School and chose Boulder’s laws relative to housing sizes as his
class project. He noted such laws will have an impact on a community. Although
it may help the environment by preserving the wildlife, it may also cause a loss in
property values.
Seth Jacobs, 1212 Rand Way, Superior, CO a Monarch High School student,
chose medical marijuana dispensaries as his class project. He noted medical
marijuana dispensaries could have a positive impact by supplying sick patients’
safe and legal access to marijuana; providing jobs and helping the economy by
increasing sales tax revenue. There may also be a negative impact of providing
medical marijuana for unnecessary treatments; potential break-ins at medical
marijuana dispensaries, and the need for additional police officers.
Ben Gossen, 124 Skyview Court, Louisville, CO, a Monarch High School student,
chose the H1N1 virus as his class project. He stated the virus is affecting people
around the world. He noted a new H1N1 vaccine has recently been developed to
treat the virus. He explained all levels of government have passed pandemic
plans for dealing with the H1N1 virus. He noted the H1N1 has the same systems
as the regular flu and the treatment is the same.
COUNCIL INFORMATIONAL COMMENTS ON PERTINENT ITEMS NOT ON
THE AGENDA
Councilor Muckle noted Avista Hospital has a H1N1 plan in place. He asked City
Manager Fleming to outline the City’s H1N1 plan. City Manager Fleming
explained the City developed an H1N1 plan last spring and distributed it to the
City employees. Policies were put in place to encourage employees to stay home
if they were sick and hand sanitizers were provided throughout City facilities. A
Continuity of Operations Plan is currently being developed for each department
in the event a flu epidemic affects the City’s workforce. The IT Department is
working on a plan to provide computer access to employees who are sick with
the flu, so they may work from home. He noted some government agencies are
considering plans to close public facilities in the event of a pandemic. The City
may consider such a plan, but only in a dire pandemic situation.
24
City Council
Meeting Minutes
December 1, 2009
Page 3 of 12
Councilor Muckle thanked the students for their comments and responded to the
topics discussed. He noted the observations made about medical marijuana
dispensaries were also considered by City Council and stated it was his hope the
legislators would provide some guidance. With respect to house and lot sizes
issue being discussed in Boulder, he noted Louisville has already established the
FAR and lot sizes for residential properties.
Mayor Sisk thanked the Monarch High Students for their presentations. He
recognized Councilor Sackett who received the prestigious Henry Porter Award
recognition last Saturday and noted Ron Sackett was a trail blazer for Porter
Hospitals. He reminded Council and the public the annual Parade of Lights is
Friday, December 4. He reported on the Monarch High School football team’s
heartbreaking loss to Heritage High, but congratulated the fans, coaches, and the
student body for their sportsmanship.
CITY MANAGER’S REPORT
City Manager Fleming reported the following:
• ConocoPhillips development timeline: ConocoPhillips submitted an
application to annex 80 acres, to rezone their property from Industrial and
Agricultural to Planned Community Zoned District and to approve a
Preliminary Development Plan for 390 acres. The City has notified
approximately 40 individuals and agencies relative to the plan and
requested their comments on the proposals. Those comments must be
received by January 6, 2010. The related materials have been posted on
the City’s Web site. The Plan will be brought to the Planning Commission
on February 11, 2010 and before City Council in March of 2010. A final
proposal is expected to be submitted by July of 2010.
• The Leaf-Drop-off sites are now closed. Leaves can be dropped off at the
City’s Waste Water Treatment Plant. It is recommended to mulch the
leaves back into your lawn.
• In addition to the December 4th Parade of Lights event, there is the
Holiday Home Tour on Saturday December 5, and the Winter Skate event
is now open.
• City Council interviews with the Boards and Commissions candidates has
been scheduled for December 7 and 8, at 5:30 p.m.
REGULAR BUSINESS
HISTORICAL COMMISSION
25
City Council
Meeting Minutes
December 1, 2009
Page 4 of 12
2009 HOLIDAY HOME TOUR
Mayor Sisk requested a presentation.
Historical Commission Chairperson Dan Mellish, 590 W. Willow Court, Louisville,
CO announced on December 5, the Historical Commission is sponsoring its
annual Holiday Home Tour and invited City Council and the public to attend. He
noted the Commission is considering changing the name of the event next year,
due to the many events planned in addition to the holiday home show. This year
the Commission is partnering with the Downtown Business Association to make
this a full Downtown event. Beside the home tour there are events for all ages
taking place in Historic Downtown including dining, shopping and holiday
activities. The fives homes included in the tour are as follows: 401 Spruce
Street, 841 Lincoln Avenue, 928 LaFarge Avenue, 1129 Jefferson Avenue and
1140 Jefferson.
HISTORICAL COMMISSION PRESENTATION
RECOGNITION OF VIRGINA CARANCI
Mayor Sisk introduced Historical Commissioner Virginia Caranci, who has served
on the Commission for over thirty years. He noted through her care of historic
properties and artifacts, Louisville is a better City. Mayor Sisk presented a
plaque to Virginia Caranci, in appreciation of her dedication. The Historical
Commission, City Staff and City Council thanked Virginia Caranci for her 30
years of dedicated service to the Historical Commission and the City of Louisville.
LOUISVILLE MIDDLE SCHOOL PRESENTATION
Adam Fels, Louisville Middle School Principal, updated the City Council on the
current activities at the middle school. He thanked Virginia Caranci for
organizing the Louisville High/Middle School reunion. He expressed his thanks
to the City Council, Parks and Recreation Department and the City Manager’s
office for their service to the school. He thanked City Manager Fleming, Deputy
City Manager Balser and Planning Director Wood for their assistance. He
recognized and thanked Chief Goodman and the Louisville Police Department for
their partnership in the School Resource Officer Program (SRO). He thanked the
Parks Department for their service in erecting tents at the Louisville Middle
School. He explained the Louisville Middle School auditorium was built with the
idea of providing a venue for civic events. He reported on the Louisville Middle
School’s partnership with the Louisville Police Department on the upcoming
event “Toy Drive” and the “Winter Slam” basketball game, which will be held on
Thursday, December 17, 2009 at 3:45 PM in the gym. Each attendee is asked to
bring an unwrapped toy to support the Louisville Police Department’s Toy
Crusade for Kids. The LMS Staff and Police Department Staff will play the eighth
graders and afterwards they will wrap all the toys collected.
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DISCUSSION/DIRECTION/ACTION – AERIAL PHOTO MISSION AND
PLANIMETRIC DATA CAPTURE CONTRACT TO FUGRO-HORIZONS
Mayor Sisk requested a Staff presentation.
IT Manager Chris Browning explained the City has undertaken development of
an enterprise-wide Geographic Information System (GIS). One of the first stages
of implementing a successful GIS is to obtain an extremely high-accuracy base
map layer. This is accomplished by aerial photos, planimetric data and contour
layers of the City of Louisville. The GIS component establishes the level of
accuracy for each subsequent piece of information developed or created. The
City released a Request for Proposal (RFP) on October 5 and received bids from
eight companies. A committee made up of the GIS Coordinator and
representatives from Public Works, Open Space, IT and Planning reviewed each
bid with the following criteria:
• The contractor’s capabilities and professional competence in providing the
service required and experience in completing similar projects.
• Qualifications and references
• Compliance with RFP requirements
• Schedule for completion
• Overall cost for completion
The GIS review committee unanimously recommended Fugro Horizons receive
the contract award in the amount of $128,630. While the bid is higher, it provides
the most complete technical approach to the specified requirements for ground
control, aerial photograph, planimetric data capture and contour development.
The GIS Implementation Project is funded by resources from the Conservation
Trust – Land Acquisition Fund; Capital Projects Fund, Water Utility Fund; and
Wastewater Utility Fund. Awarding the bid to Fugro Horizon will require
additional funding of $70,856.
Mayor Sisk requested public comments. There were no comments.
COUNCIL COMMENTS
Councilor Muckle voiced his concern over the additional funding required from
the Land Acquisition Fund, but was impressed with the GIS system used by the
Boulder County Open Space Advisory Board. He supported a GIS system.
Mayor Pro Tem Marsella voiced her understanding for the need for a GIS
system, but was concerned over the additional amount of funding required. She
asked why the cost estimations were so far off. IT Manager Browning explained
a needs assessment was performed to assist in the cost projections, however the
estimations were low. He noted Fugro Horizon also offered more services than
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City Council
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December 1, 2009
Page 6 of 12
the other bidders. He explained the upfront money is required for the success of
the project.
Mayor Pro Tem Marsella asked Public Works Director Phare if he supported the
bid award even though it would require using reserves from the Public Works
enterprise funds. Public Works Director Phare voiced his support for the bid.
Councilor Sackett voiced his support for going with Fugro Horizon. He read all
the information and was impressed by the presentation at the Council Study
Session. He felt there is a need for the City to have GIS system in place. He felt
the Fugo Horizon firm was the company the City had the most confidence in.
Mayor Sisk supported the GIS project but was also concerned about the
additional funding required in 2010. He asked if the project could be
accomplished in phases. IT Manager Browning confirmed the project can be
done in phases, but stressed the main priorities cannot be put off indefinitely.
Mayor Sisk noted the City was successful in renegotiating with contracts in other
City projects. He proposed renegotiating with the Fugro Horizon.
City Attorney Light explained the City is allowed to reject all bids.
Councilor Muckle explained the funds for the GIS bid would come out of three
enterprise funds and not the general fund. He also supported renegotiating with
the bidder.
Councilor Dalton asked if the project could be phased over a period of years. IT
Manager Browning stated part of it could, however the fly over project could not
as that is the initial phase of the project.
GIS Administrator Susan Dellinger explained the base structure is the photo
component, which requires more upfront money to get the GIS system up and
running. She noted the best part is Louisville is almost at build out and once the
base structure is implemented, it will not be as costly to expand the system.
MOTION: Councilor Sackett moved to award the bid to Fugro Horizon in the
amount of $128,630, seconded by Councilor Muckle. Roll call vote was taken.
The motion carried by a vote of 6-1. Mayor Sisk voted no.
ORDINANCE No. 1555, SERIES 2009 – AN ORDINANCE REPEALING AND
RE-ENACTING CHAPTER 6.24 OF THE LOUISVILLE MUNICIPAL CODE
REGARDING THE KEEPING OF BEES WITHIN THE CITY AND
ESTABLISHING REQUIREMENTS FOR BEEKEEPING – Public Hearing
Mayor Sisk requested a City Attorney introduction.
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City Attorney Light read Ordinance No. 1555, Series 2009.
Mayor Sisk opened the public hearing and requested a Staff presentation.
Planning Director Wood explained the Louisville Municipal Code does not allow
beekeeping within the City limits. The proposed ordinance would allow
beekeeping in the Agricultural zone district as well as all residential zone districts
except the Residential High Density (RH) zone district. The City Council
received public comment from several beekeeping advocates in May and
directed Staff to forward the request to the Planning Commission for a public
hearing. The Planning Commission reviewed several ordinances from Fort
Collins, Windsor and Denver and conducted a public hearing on July 9. The
Commission directed Staff to work with the beekeeping code used by the Town
of Windsor. The Planning Commission approved a resolution in support of the
proposed ordinance.
The City Manager reviewed the ordinance recommended by the Planning
Commission and concluded the detailed regulatory, enforcement and licensing
provision in the proposed ordinance would require administration and
enforcement action, which may not be necessary to preserve the public welfare
and would increase the City’s cost of implementing the measure. The Planning
Director and Police Chief prepared a simplified draft ordinance, which took out
the licensing, fees and fencing provisions. The City Manager, Police and
Planning Department recommended the City Council authorize Ordinance No.
1555, Series 2009.
PUBLIC COMMENTS
Michele Pelanne, 741 Wildrose Lane, Louisville, CO voiced her support for
Ordinance No. 1555, Series 2009. She thanked Planning Director Wood and
Principal Planner McCartney for their work on the ordinance. She stressed the
importance of honey bees and urged Council to adopt ordinance No. 1555,
Series 2009.
Andrew Baker, 364 Monarch Street, Louisville, CO, a Monarch High School
student, voiced his support for Ordinance No. 1555. He stressed the importance
of bees to the global eco-system. He addressed the colony collapse disorder,
which destroy the bee’s immune systems.
Mayor Sisk requested public comment and hearing none, closed the public
hearing.
MOTION: Mayor Pro Tem Marsella moved to approve Ordinance No. 1555,
Series 2009 on second and final reading, seconded by Councilor Clabots.
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City Attorney Light requested a friendly amendment to the motion to strike the A
in Ordinance No. 1555. Mayor Pro Tem Marsella and Councilor Clabots accepted
the amendment.
VOTE: Roll call vote was taken. The motion carried by a vote of 7-0.
ORDINANCE No.1562, SERIES 2009 - AN ORDINANCE ADOPTING BY
REFERENCE THE 2009 EDITION OF THE INTERNATIONAL BUILDING
CODE, THE 2009 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE,
THE 2009 EDITION OF THE INTERNATIONAL MECHANICAL CODE, THE
2009 EDITION OF THE INTERNATIONAL FUEL GAS CODE, THE 2009
EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, THE
2009 EDITION OF THE INTERNATIONAL FIRE CODE, THE 2009
INTERNATIONAL PLUMBING CODE, AND THE MOST RECENT STATE-
ADOPTED EDITION OF THE NATIONAL ELECTRICAL CODE; ENACTING
CERTAIN AMENDMENTS TO THE FOREGOING INTERNATIONAL CODES;
AMENDING, REPEALING AND REENACTING CERTAIN SECTIONS OF
TITLE 15 OF THE LOUISVILLE MUNICIPAL CODE IN CONNECTION WITH
THE ADOPTION OF THE FOREGOING INTERNATIONAL CODES; AND
ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODES
Public Hearing
Mayor Sisk requested a City Attorney introduction.
City Attorney Light read Ordinance No. 1562, Series 2009.
Mayor Sisk opened the public hearing and requested a Staff presentation.
Chief Building Official Jones explained the City’s Building Code Board of
Appeals, the Building Safety Division and the Louisville Fire Protection District
forwarded a recommendation of approval of Ordinance No. 1562, which would
adopt the 2009 International Building Codes. The City is currently using the 2003
version of the International Codes for Building Safety Code enforcement. He
explained due to budget restraints, the 2006 Codes were not adopted.
The Building Code Board of Appeals conducted public hearings on February 19,
March 19, April 15, June 18, September 17 and October 15 to discuss and
receive testimony. Based on the testimony given, the Board voted unanimously
to proceed with a recommendation to present the Codes with the included
amendment for adoption by the City Council. Items of special interest within the
code adoption are as follows:
• Residential Fire Sprinklers – The Building Board of Appeals recommended
postponing the enforcement date until 2013.
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• 5,000 SF Fire Sprinkler required for all new construction – The Louisville
Fire Protection District originated this request. The Fire Protection District
and the Building Safety Division have come to a mutual implementation of
this provision.
• Energy Conservation – Increases energy conservation requirements by
almost 30%.
• Fees – The fees have not been raised since 2003. Staff recommends
removing the valuation table from the Louisville Municipal Code and
authorizing the City Manager to update the table on a periodic basis.
The cost of the consulting fees and for Code Reference Books has been included
in the Building Safety Division budget. The approximate cost will be between
$5,000 and $10,000.
PUBLIC COMMENTS
Mark Persichetti, 1402 Taft Place, Louisville, CO spoke on behalf of the Louisville
Resource Conservation Advisory Board, who supports the adoption of the 2009
Codes. The Codes have not been updated since 2003 and the new codes will
reflect nationwide improvements in building practices that will result in more
durable and economic homes and commercial structures in the City. Improving
energy efficiencies will have some upfront cost, but those costs will be greatly
offset by reduced energy consumption over the lifetime of the structure. He
commended the Building Code Board of Appeals and the Building Safety Division
for their work in preparation for the adoption of the new codes.
Andy Johnson, 920 Lincoln Avenue, Louisville, CO also commended the
Planning and Building Safety Divisions for their work on the codes and voiced his
support of the adoption of the Energy Conservation Code. He noted IECC Code
for 2009 is a 10% increase over 2006 Code for cold climates and stressed the
importance of the Energy Conservation Code in its relationship with green
building. He supported adoption of the Code as long as it did not weaken the
Energy Conservation Code. He encouraged Staff, and City Council to investigate
the Governors Energy office offer to provide free training to building officials.
COUNCIL COMMENTS
Mayor Pro Tem Marsella addressed the Fire Districts concern over fire sprinkler
and asked if that could be addressed when determining adoption of some of the
2012 Codes. Chief Building Official Jones confirmed it could be reviewed with a
few modifications for Colorado.
Councilor Dalton addressed the Energy Conservation Code and requested
examples of what is required in the 2009 Code as opposed to what was required
in the 2003 Code, with respect to increases in cost per square foot. Chief
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Building Official Jones addressed his memo, which outlined several examples
including the following: increased insulation, increased door and window
efficiency, increased appliance efficiency, required duct sealing, heating system
design and air sealing.
Councilor Dalton inquired what the amendments from the 2003 and 2009 Codes
would mean to the residents. Chief Building Official Jones explained the Code
amendments specifically address clerical issues, which were removed from the
Codes, such as the fire sprinklers and added in the 5,000 SF for the Fire
Protection District. Otherwise the ordinance adopts the Codes as written.
Councilor Dalton inquired about the specific criteria for Section R301.2, which
determines termites to be ‘‘none to slight.’’ Chief Building Official Jones
explained because of this areas dry soil, there are not a lot of termites.
Councilor Dalton asked what specific criteria would be needed to address
termites. Chief Building Official Jones stated items such as termite deflectors
and higher requirements for siding.
Mayor Sisk requested public comments and hearing none closed the public
hearing.
MOTION: Councilor Muckle moved to approve Ordinance No. 1562, Series 2009,
seconded by Councilor Clabots.
City Attorney Light requested a friendly amendment to include the second
reading amendments. Councilor Muckle and Clabots accepted the amendment.
VOTE: Roll call vote was taken. The motion carried by a vote of 7-0.
DISCUSSION/DIRECTION – SEX OFFENDER ZONING RESTRICTION
Mayor Sisk requested a Staff presentation.
Police Chief Goodman explained many jurisdictions are considering restrictions
on where convicted sexual offenders may live. “Sex offender zoning laws” or
“exclusionary zones” are becoming accepted methods in efforts to protect at-risk
populations from sexual offenders. The Colorado Sex Offender Registration Act
registers persons convicted of certain sex offenders. Based on those
registrations, local law enforcement agencies maintain a local sex offender’s
registry list, which is available for public dissemination. Currently Louisville has
no restrictions where sexual offenders may live. Louisville normally has six to
twelve residents who are on the registry list. To date, no Louisville sex offender
registrant has re-offended while living in the City. Council may consider the
following elements in an Exclusionary Zone ordinance:
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• .Residency proximity or distance to schools (500, 1,000, or 2000 feet)
• Residency proximity to playgrounds, child care centers, ball fields, youth
centers, libraries, or anywhere youth may congregate
• Prohibition against loitering near places used by youth
• Age of offender
• Nature of the offense
• Impact of restrictions on offenders living with immediate family
• Whether landlords of property within exclusionary zones knowingly rent to
a sex offender registrant
• If Louisville does not establish residency restrictions, will more offenders
move to Louisville because of restrictions elsewhere
• Do residency restrictions hinder the successful reintegration of offenders
• Do residency restrictions prevent sex crimes or increase public safety.
Chief Goodman explained some individuals might appear on the local sex
offender’s registry list for harmless pranks. Most juveniles will not be placed on
the list unless there are multiple offenses. He stated the impact of restrictions on
offenders who live with their immediate families have no where else to go, don’t
function well on their own and may not have a strong support group outside of
their families. He questioned what would happen if they lived in a restricted area.
COUNCIL COMMENTS
Mayor Sisk stated various cities are considering such ordinances. He stressed
the importance of Council discussion on this issue.
PUBLIC COMMENTS
Feather Berkaure, 1855 Polk Avenue, Louisville, CO stated she does not
condone child sexual abuse, but supports prevention and education. She
educates parents and communities nationally how to keep their children off limits
to sexual offenders. She noted, for the most part, sexual offenders are not
monsters they are individuals who many people know, love and trust. She stated
focusing on band aid approaches like restricting where sexual offenders live will
never get to the root of the crime, which is education and prevention. She
suggested a citywide educational program and offered her service.
COUNCIL COMMENTS
Mayor Pro Tem Marsella suggested this matter be discussed at a future study
session, where data could be reviewed and the public could comment.
Councilor Yarnell concurred and requested information on whether other cities
ordinances were successful. She supported a study session.
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Mayor Sisk suggested opening a dialogue with neighboring communities, Erie,
Lafayette and Superior. He noted there are not enough homes available for sex
offenders to live. He stressed any ordinance passed should not displace sexual
offenders from where they currently live.
Councilor Dalton supported educational information and data related to
recidivism be provided at a study session.
Mayor Sisk asked Chief Goodman to discuss this issue with other Police Chiefs,
and City Manager Fleming to discuss this with other City Managers. He
suggested a study session be set in February or March.
CITY ATTORNEY’S REPORT
No items to report.
COUNCIL COMMENTS AND COMMITTEE REPORTS
Mayor Sisk reported on December 2, Mayor Pro Tem Marsella will attend a
Consortium of Cities meeting and Councilor Muckle will attend a DRCOG
meeting.
ADJOURN
MOTION: Councilor Clabots moved for adjournment, seconded by Councilor
Dalton. All were in favor. The meeting was adjourned at 8:55 p.m.
________________________
Charles Sisk, Mayor
ATTEST:
__________________________
Nancy Varra, City Clerk
34
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: AWARD BID TO LONGMONT FARM SUPPLY FOR COMMERCIAL
DIESEL FRONT MOWER
ORIGINATING DEPARTMENT: PARKS AND RECREATION
SUMMARY:
The Parks and Recreation Department is requesting authorization to purchase a new
commercial 72” diesel front mower from Longmont Farm Supply. This piece of equipment is a
replacement mower for our rough mowing operation. The item being replaced is a 1991 Torro
224 Groundsmaster. The average lifespan of a mower is typically 6 years. The 1991
Groundsmaster is no longer cost effective to repair. To date, $6,143 has been spent on
replacement parts. The Torro mower will be auctioned off in the December, City and County
Vehicles and Equipment Roller Auction. This piece of equipment is critical in maintaining buffer
and safety strips along walkways and trails.
In accordance with the City’s purchasing policy, an Invitation to Bid was published in the Daily
Camera on October 16, 2009 and October 30, 2009. The bid opening occurred at 9:00 a.m. on
November 4, 2009.
The following two bids were received:
• Longmont Farm Supply, Inc.
o Make/Model - Kubota / F3680
o Price = $18,439.60
• MAC Equipment, Inc.
o Make/Model – Hustler / 3700
o Price = $19,012.50
FISCAL IMPACT: $18,439.60. Account identified to support this amount is 028-799-55420.04.
RECOMMENDATION:
Based on bid requirements met and price, staff recommends awarding the bid to Longmont
Farm Supply, Inc. in the amount of $18,439.60.
SUBJECT AGENDA ITEM
AWARD BID TO LONGMONT FARM 4C
SUPPLY FOR COMMERICAL DIESEL
FRONT MOWER
35
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: APPROVE FOURTH AMENDMENT TO THE TRAFFIC SIGNAL
MAINTENANCE CONTRACT
ORIGINATING DEPARTMENT: PUBLIC WORKS DEPARTMENT
SUMMARY:
Attached is a contract amendment for 2010 for the existing Traffic Signal Maintenance Contract
between the City and W. L. Contractors, Inc. The original contract was approved by City
Council on March 6, 2006. Since then the Traffic Signal Maintenance Contract has been
amended annually by the City and W.L. Contractors, Inc. three times. W.L. Contractors, Inc. is
a regional traffic signal maintenance contractor and has performed this service for the City over
the past ten years.
The work included under the Traffic Signal Maintenance Contract includes monthly, quarterly
and annual preventative maintenance activities for the City’s existing traffic signals along with
annual preventative maintenance activities for the City’s pedestrian flashers, school zone
flashers, and speed radar units. The camera system at the N. Water Treatment Plant is also
maintained under this contract. The Traffic Signal Maintenance Contract also includes an
agreed upon rate and cost for unscheduled and emergency repairs along with extra work for
the traffic signals and traffic related equipment included under the Traffic Signal Maintenance
Contract.
W.L. Contractors will provide 2010 Traffic Signal Maintenance Services at the same labor and
equipment rates as the original 2006 Contract.
FISCAL IMPACT:
Public Works has budgeted $ 31,000 in the 2010 CIP for traffic related activities to be
performed under this Amendment.
RECOMMENDATION:
Given W.L. Contractors’ performance over the years, Public Works is recommending the mayor
sign the fourth Amendment to the existing Traffic signal Maintenance Agreement in order to
retain the services of W.L. Contractors for 2010.
ATTACHMENT(S):
1. Fourth Amendment to the Contract by and Between the City of Louisville and W.L.
Contractors, Inc. for Traffic Signal Maintenance
SUBJECT AGENDA ITEM
APPROVE FOURTH AMENDMENT TO THE 4D
TRAFFIC SIGNAL MAINTENANCE CONTRACT
36
FOURTH AMENDMENT TO THE CONTRACT BY AND BETWEEN THE
CITY OF LOUISVILLE AND W. L. CONTRACTORS, INC.
FOR TRAFFIC SIGNAL MAINTENANCE
WHEREAS, the City and W. L. Contractors, Inc. previously entered into a Traffic Signal
Maintenance Contract dated March 7, 2006 (the “Contract”), as amended by the First
Amendment dated December 31, 2006; as amended by the Second Amendment dated December
18, 2007; as amended by the Third Amendment dated December 16, 2008; and
WHEREAS, the parties desire to amend the Contract to extend the term thereof to
include maintenance for 2010;
NOW THEREFORE, in consideration of the rights and obligations as specified in the
Contract, the City and W.L Contractors, Inc. hereby amend the Contract as follows:
1. Section 1 of the Contract, entitled “Term of Contract” is amended to read in full
as follows:
1. Term of Contract: This Contract shall begin and become effective on
March 1, 2006. Traffic Signal Maintenance Service under this Contract
shall begin on March 1, 2006 and shall continue through December 31,
2010, during which time this Contract shall be in full force and effect,
subject to the Termination provisions in Paragraph 12 and Exhibit F.
2. Exhibit “F” to the Contract is replaced in its entirety with the updated form of
Exhibit “F” attached hereto.
Except as modified above, all other terms and conditions of the Contract shall remain in full
force and effect and shall be binding upon both parties.
DATED: __________________________, 2009.
CITY OF LOUISVILLE, COLORADO, CONTRACTOR:
A Colorado Municipal Corporation
City of Louisville W. L. Contractors, Inc.
749 Main Street 6435 West 55th Avenue
Louisville, CO 80027 Arvada, Colorado 80002
By: By:
Charles L. Sisk, Mayor
Title:_______________________________
Attest: ______________________________ Attest:______________________________
Nancy Varra, City Clerk
1
37
Exhibit “F” to Contract Between City of Louisville and W.L. Contractors, Inc.
(Effective As of Effective Date of Third Amendment to Contract)
City of Louisville Public Services Contract Addendum
Prohibition Against Employing Illegal Aliens
Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor shall not enter into
a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall
not knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor will participate in either the E-verify program or the Department program, as defined
in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work
under the public contract for services. Contractor is prohibited from using the E-verify program
or the Department program procedures to undertake pre-employment screening of job applicants
while this contract is being performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract
for services knowingly employs or contracts with an illegal alien, Contractor shall:
a. Notify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
b. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this paragraph the subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking pursuant
to the authority established in C.R.S. § 8-17.5-102(5).
If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, the
City may terminate the Contract for breach of contract. If the contract is so terminated, the
Contractor shall be liable for actual and consequential damages to the City.
2
38
City of Louisville
Contractor’s Pre-Contract Amendment Certification
Regarding Employing Illegal Aliens
The undersigned hereby certifies as follows:
That at the time of providing this certification, the undersigned does not knowingly employ or
contract with an illegal alien; and that the undersigned will participated in the E-Verify program
or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7),
respectively, in order to confirm the employment eligibility of all employees who are newly
hired for employment to perform under the public contract for services.
By_________________________ as _____________________ of ______________________.
_____________________________ ______________________
Signature Date
3
39
City Manager’s Report
12/15/09
40
LOUISVILLE MUNICIPAL COURT MONTHLY COURT REPORT 2009
TRAFFIC VIOLATIONS JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YTD 2009 YTD 2008
0 POINT VIOLATIONS 0 0 0 0 0 0 0 0 0 0 0 0 1
1 POINT VIOLATIONS 1 1 1 5 0 1 0 3 0 0 0 12 2
2 POINT VIOLATIONS 8 1 2 13 4 5 2 4 4 4 1 48 37
3 POINT VIOLATIONS 7 10 15 15 10 20 20 19 18 13 14 161 125
4 POINT VIOLATIONS 44 40 52 65 45 52 47 44 71 55 45 560 401
6 POINT VIOLATIONS 0 0 3 1 1 4 2 1 0 0 1 13 6
8 POINT VIOLATIONS 0 1 1 0 2 0 0 1 0 1 0 6 7
12 POINT VIOLATIONS 0 0 0 0 0 0 0 0 0 0 0 0 1
SUB TOTALS 60 53 74 99 62 82 71 72 93 73 61 0 800 580
SPEEDING VIOLATIONS
1 POINT VIOLATIONS 0 4 1 2 7 3 2 5 2 3 1 30 22
4 POINT VIOLATIONS 42 37 67 85 58 48 40 100 77 62 36 652 461
6 POINT VIOLATIONS 6 5 4 6 10 11 9 10 12 6 11 90 76
12 POINT VIOLATIONS 0 0 0 0 0 0 0 0 0 0 0 0 0
SUB TOTALS 48 46 72 93 75 62 51 115 91 71 48 0 772 559
PARKING VIOLATIONS
PARKING 17 14 15 2 6 7 1 8 25 16 11 122 82
PARKING/FIRE LANE 0 0 0 1 1 1 0 0 0 0 0 3 5
PARKING/HANDICAPPED 6 7 3 2 6 5 4 4 0 3 1 41 20
SUB TOTALS 23 21 18 5 13 13 5 12 25 19 12 0 166 107
CODE VIOLATIONS
BARKING DOGS 0 0 0 0 0 0 0 0 0 1 0 1 1
DOG AT LARGE 4 3 4 4 3 2 4 3 2 2 0 31 41
WEEDS/SNOW REMOVAL 0 1 0 0 0 1 0 1 0 0 0 3 7
JUNK ACCUMULATION 1 0 1 0 0 0 0 0 0 0 0 2 17
FAILURE TO APPEAR 5 6 5 5 7 2 7 9 5 4 6 61 44
RESISTING AN OFFICER 0 0 0 0 0 0 0 0 0 0 0 0 0
DISORDERLY CONDUCT 0 0 0 5 1 0 0 1 0 0 0 7 5
ASSAULT 0 2 0 1 0 0 1 0 0 0 0 4 1
DISTURBING THE PEACE 1 0 0 2 2 0 0 0 0 0 0 5 1
THEFT 0 2 0 2 1 0 2 1 1 0 2 11 11
SHOPLIFTING 0 0 0 0 0 0 0 1 1 0 2 4 1
TRESPASSING 1 0 1 0 0 1 0 1 0 0 0 4 4
HARASSMENT 0 0 0 0 0 0 0 0 1 0 0 1 1
MISC CODE VIOLATIONS 0 6 10 12 6 10 18 4 7 5 66 144 61
SUB TOTALS 12 20 21 31 20 16 32 21 17 12 76 0 278 195
TOTAL VIOLATIONS 143 140 185 228 170 173 159 220 226 175 197 0 2016 1441
CASES HANDLED
GUILTY PLEAS 40 32 37 32 22 44 44 24 52 42 47 416 337
CHARGES DISMISSED 26 39 31 51 46 31 36 43 43 28 71 445 236
*MAIL IN PLEA BARGAIN 59 47 85 116 72 73 55 113 107 77 50 854 651
AMD CHARGES IN COURT 16 20 27 19 25 22 21 32 25 25 27 259 201
DEF/SUSP SENTENCE 0 2 3 8 5 3 3 8 1 3 2 38 9
TOTAL FINES COLLECTED $ 11,076.00 $ 12,835.00 $ 15,080.00 $ 19,120.00 $ 13,765.00 $ 14,775.00 $ 16,505.00 $ 16,491.00 $ 18,190.00 $ 14,705.01 $ 12,165.01 $ 164,707.02 $ 122,784.86
COUNTY DUI FINES $ 514.00 $515.78 $ 657.50 $ 437.76 $ 1,497.97 $ 958.16 $ 625.92 $ 799.53 $ 1,446.27 $ 2,668.53 $ 1,419.62 $ 11,541.04 $ 7,183.32
TOTAL REVENUE $ 11,590.00 $ 13,350.78 $ 15,737.50 $ 19,557.76 $ 15,262.97 $ 15,733.16 $ 17,130.92 $ 17,290.53 $ 19,636.27 $ 17,373.54 $ 13,584.63 $ - $ 176,248.06 $ 129,968.18
41
PUBLIC WORKS MONTHLY REPORT
FOR NOVEMBER 2009
WATER PLANT DIVISION 2008 2009
Monthly Plant Production 58.27 Million Gallon 54.48 Million Gallons
Average Daily Productions 1.94 Million Gallons 1.82 Million Gallons
Total Production Year to Date 1,321.38 Million Gallons 1,148.63 Million Gallons
Total Production Year to Date 4,054.57 Acre Feet 3,524.49 Acre Feet
WASTEWATER PLANT 2008 2009
Monthly Flow 48.485 Million Gallons 52.731 Million Gallons
Average Day Flow 1.616 Million Gallons 1.758 Million Gallons
Peak Day Flow 1.857 Million Gallons 1.919 Million Gallons
Year to Date Flow 570.539 Million Gallons 603.272 Million Gallons
Potable Water Usage Year to Date 2,927,600 Gallons 3,442,900 Gallons
Reuse Water Usage Year to Date 49,621,000 Gallons 42,199,000 Gallons
Average BOD Removal Efficiency 99% 99%
Average Solids Removal Efficiency 99% 99%
RAW WATER REPORT
In November, demand was approximately 167 acre-feet. Direct flows from South Boulder Creek provided
69 acre-feet of water. The balance of demands was taken from storage, primarily Marshall Lake.
Historical November demands are about 173 acre-feet. Warm and dry weather through most of
November has kept the snowpack below average but, it is still very early in the season
Windy Gap Firming Project. The Bureau of Reclamation (BOR) continues to work their way through the
draft EIS comments. The schedule for the Final EIS, ROD, and an Amended Carriage Agreement has
slipped a little, until the first quarter of 2010, due to negotiations with the BOR and West Slope entities
over project mitigation and enhancements. With the prospect of obtaining project permits participants
continue to review various funding mechanisms for the design and construction of the project.
The 2009 Filter Media Replacement – North WTP project. The Contractor has supplemented the media
and preformed additional backwashes and scrapping to remove media fines. Samples were collected and
sent to qualified testing laboratories. The results of the tests remained consistent with the previous tests.
The Contractor has been notified that the material is out of compliance with project specifications. Staff
continues to seek a satisfactory conclusion to the project
Marshall Lake/South Boulder & Coal Creek Ditch water rights transfer - A draft ruling has been provided to
the City for review. Staff is reviewing the document and will be working on an estimated schedule for the
completion of the transfer with the City’s Water Attorney and Consultant.
Moffat Collection System Project (Gross Expansion) – the draft Environmental Impact Statement has been
released for public comment (comments due by Jan. 28, 2010). Staff will be submitting comments on the
project to insure that the City’s water rights and infrastructure are protected if the project proceeds.
42
DEPARTMENT OF PUBLIC WORKS
MONTH REPORT - FOR NOVEMBER CONTINUED
ENGINEERING DIVISION
1. Quality Paving Company substantially completed work on the 2009 Street Resurfacing and
Concrete Replacement Project.
2. Staff received bids, prepared and received approval to issue Notice of Award from City Council
and conducted the preconstruction conference for the Tyler Avenue Subsurface Drainage
Project.
3. Issued five (5) Right-of-way/Overlot Grading Permits.
4. Reviewed and approved eleven (11) water rebates.
5. Other:
Dillon Rd Project
Twin Peaks completed the drainage improvements on the Dillon Road Project.
South Boulder Road / State Highway 42 Intersection Project
Xcel Energy and Public Works have been meeting on the relocation of the existing OHE to
OHE on the Highway 42 and South Boulder Road Project.
Miscellaneous
Public Works reviewed the Final EIS Document for the US-36 Corridor and coordinated
response comments within the City.
Public Works attended the Public Meeting for the Final EIS Document for the US-36 Corridor.
Public Works reviewed the Phase “A” Report for the Lafayette-Louisville OSP.
The CTC Metro District had Tarco, Inc. repair a low spot on South 104th Street north of
Boxelder Street as part of their obligations under CTC Filing No. 2.
43
DEPARTMENT OF PUBLIC WORKS
MONTH REPORT - FOR NOVEMBER CONTINUED
DEVELOPMENT PROJECTS
On Development Projects, Public Works reviewed PUD referrals, civil plans, drainage reports
and completed inspections for the following projects:
Conoco Philips
Louisville Fire Station Addition
Inspections were performed at:
Dillon Rd. Reconstruction & Drainageway G
2009 Street Resurfacing Project
2009 Concrete Replacement Project
Residence at Balfour
1307 Franklin Court
380 & 390 County Road
Johnson Avenue
211 Lois Circle
Elm St. & Front Street
44
Public Works Operations
Monthly Report for November 2009
In November, the Operations Division performed the following tasks:
113 Work orders completed
183 Utility Locations
14 Pothole(s) Repaired
120 Lane miles swept
1567 Miles of snow plowed
0 Gallons of Magnesium Chloride applied for de-icing
24 Tons Ice Slicer used for de-icing
9 Signs repaired or replaced
1 Dump truck loads hauled to landfill
0 Dump truck loads of asphalt to recycle
0 Dump truck loads of sweepings hauled for corral use
2,297.64 Feet of sewer line cleaning/TV'ed this month
8188.89 Feet of sewer line Root & Grease Cutting (Quarterly)
331,125.02 Total feet cleaned/TV'ed for 2009
1 Install signs - non TCO
0 Traffic Control Order Completed
0 New water meter(s) installed
3 Water meter(s) repaired or replaced
0 Emergency sewer backup response
Work performed for Utility Billing:
6,645 Water meters read
32 Door tags hung
6 Consumption check / 0 usage
12 Re-reads and finals
3 Delinquent water turn off / on
In addition to general maintenance tasks the crew typically perform,
the Division also completed these special projects:
- Closed and barred the Glen Huey Recycling Center.
- Made preparations for installation of a bio-diesel gas tank at the Shops.
- Repaired water main break at Regal Street.
- Plowed City-Wide for an 8" snow storm.
- Dedicated over 60 hours to GIS Program.
45
Type of Work Total Hours
Administration 563.00 Total On/Call & Overtime Hours: 115
Leaf Pickup 384.00 Total Paid Leave Hours: 679
Meter Work 125.50
Sewer 87.75 Grand Total: Manhours: 2200
Shops Maintenance 135.50 OT/On-Call: 115
*Snow Plowing 111.00 Paid Leave: 679
Special Events/Projects 170.00 2994
Streets/Signs 104.50
Water 246.75 Total Hours from Timesheets: 3024
Fleet Maintenance 272.00 Total Unaccounted Hours: 30
Total Manhours: 2,200.00 Total Unaccounted Percent: 1%
* OT plowing hours included in OT/On-Call hours
46
12%
26%
11% Administration
Leaf Pickup
Meter Work
Sewer
Shops Maintenance
5% *Snow Plowing
Special Events/Projects
Streets/Signs
Water
8% Fleet Maintenance
17%
5%
6% 6%
4%
47
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: 2010 CITY COUNCIL APPOINTMENTS TO BOARDS AND
COMMISSIONS
ORIGINATING DEPARTMENT: CITY COUNCIL
SUMMARY:
The City Council met in special meetings on Monday, December 7 and Tuesday, December 8
to interview applicants for vacancies on the City’s boards and commissions. The two attached
spreadsheets show the list of applicants for each board and the 2010 openings on each board.
At the December 15 meeting, the City Council will vote for applicants to fill the positions.
FISCAL IMPACT: None
RECOMMENDATION: None.
ATTACHMENT(S):
1. Spreadsheet listing applicants for each board.
2. Spreadsheet listing 2010 board and commission appointments and their terms.
SUBJECT AGENDA ITEM
2010 COUNCIL APPOINTMENTS 8A
TO BOARDS AND COMMISSIONS
48
Building Code Board of Historic Preservation Horticulture & Forestry
Board of Adjustment Cultural Council Historical Commission
Appeals Commission Advisory Board
Larry Brassem Christopher Fuller (3) Kit Simon Heather Lewis* Lynn Koglin (3) Meredith Preston Eddy
Christopher Fuller* (1) Rex Olson* Lina Olinger (2) Steve Poppitz (3) Pat Seader* Kimberly Heestand (2)
Gary Trudgeon (2) Davis Rounds* Justine Vigil-Tapia (2) Jennifer Strand (1) Jennifer Strand (2) Mike Frontzak*
Gary Trudgeon (3) Helen Moshak (2)
Bart Wear Steve Poppitz (4)
Theresa Rounds*
Ellen Toon*
Local Licensing Open Space Advisory Resource Conservation Revitalization
Housing Authority Planning Commission
Authority Board Advisory Board Commission
Terri Abbot* John Carlson* Steve Brauneis (3) Steve Brauneis (1) Steve Brauneis (2) Matt Johnsen (2)
Steve Brauneis (4) Marguerite Lipton* Robin Cooley (1) Christopher Fuller (2) Gerald Christensen Lynn Koglin (1)
Kimberly Heestand (4) Matthew Machado (2) Kimberly Heestand (3) Kimberly Heestand (1) Robin Cooley (2) Ann O'Connell (2)
Ann O'Connell (3) John Rommelfanger* Helen Moshak (1) Matt Johnsen (1) Mary Ann Heaney Abbie Novak Poniatowski
Lina Olinger (4) Cecelia Wilson* Ann O'Connell (4) Lynn Koglin (2) Matt Johnsen (3) Troy Russ
Walt Oehlkers* Lina Olinger (3) Matthew Machado (1) Andy Johnson Nick Talocco (2)
Gary Trudgeon (4) Steve Poppitz (2) Jeff Lipton* Arno Laesecke David Waldman (1)
Linda Smith* Susan Loo* Mark Persichetti*
Justine Vigil-Tapia (1) Ann O'Connell (1) Nick Talocco (3)
David Waldman (3) Lina Olinger (1)
Steve Poppitz (1)
Chris Pritchard*
Nick Talocco (1)
Cary Tengler*
Gary Trudgeon (1)
David Waldman (2)
* denotes reappointment applicant
Numbers denote applicants board preference.
49
2010 Vacancies
Appointee Names Length of Number of
Term Vacancies
Board of Adjustment 2
3 years Jan 2010 - Dec 2012
alternate 3 years Jan 2010 - Dec 2012
Building Code Board of Appeals 2
3 years Jan 2010 - Dec 2012
3 years Jan 2010 - Dec 2012
Cultural Council 2
3 years Jan 2010 - Dec 2012
3 years Jan 2010 - Dec 2012
Historic Preservation Commission 2
3 years Jan 2010 - Dec 2012
needs to meet CLG requirements 3 years Jan 2010 - Dec 2012
Historical Commission 5
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
Horticulture & Forestry Advisory Board 5
2 years Jan 2010 - Dec 2011
2 years Jan 2010 - Dec 2011
2 years Jan 2010 - Dec 2011
2 years Jan 2010 - Dec 2011
1 year Completing term - Dec 2010
Housing Authority 3
5 years Jan 2010 - Dec 2014
alternate 5 years Jan 2010 - Dec 2014
Library Board of Trustees 0
Local Licensing Authority 5
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
associate 3 years Completing term - Dec 2012
Open Space Advisory Board 2
3 years Jan 2010 - Dec 2012
3 years Jan 2010 - Dec 2012
Planning Commission 5
2 years Jan 2010 - Dec 2011
2 years Jan 2010 - Dec 2011
4 years Jan 2010 - Dec 2013
6 years Jan 2010 - Dec 2015
6 years Jan 2010 - Dec 2015
50
Appointee Names Length of Number of
Term Vacancies
Resource Conservation Advisory Board 5
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
4 years Jan 2010 - Dec 2013
2 years Jan 2010 - Dec 2011
1 year Jan 2010 - Dec 2010
Revitalization Commission 2
5 years Jan 2010 - Dec 2014
1 year Completing term - Dec 2011
51
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: APPOINTMENTS OF CITY OFFICIALS – MUNICIPAL JUDGE AND
DEPUTY MUNICIPAL JUDGES
ORIGINATING DEPARTMENT: CITY COUNCIL
SUMMARY:
The City of Louisville’s Home Rule Charter Section 9-3(b) requires the City Council to “appoint,
by the affirmative vote of two-thirds of the entire Council, a presiding municipal judge and such
deputy municipal judges as the Council deems necessary. Each municipal judge shall be
appointed for a two (2) year term…”. The Presiding and Deputy Municipal Judges were re-
appointed on 1/1/2008, with the two-year term per charter Section 9-3(b). Thus, their current
appointments expire 1/1/2010. Council must vote in order to re-appoint Municipal Judge Bruce
Joss, Deputy Municipal Judge Larry Mertes, and Deputy Municipal Judge Randall Davis for two
year terms, expiring 1/1/2012.
FISCAL IMPACT:
Compensation for the Presiding Municipal Judge is set at $19,200 annually. A Deputy Judge is
paid $250.00 per session, and presides as needed in the absence of the Presiding Municipal
Judge.
RECOMMENDATION:
Appointment of Municipal Judge and Deputy Municipal Judges for two-year terms, to expire on
January 1, 2012.
ATTACHMENT(S): None
SUBJECT AGENDA ITEM
APPOINTMENTS OF CITY OFFICIALS – 8B
MUNICIPAL JUDGE AND DEPUTY
MUNICIPAL JUDGES
52
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: RESOLUTION NO. 41, SERIES 2009 – A RESOLUTION APPROVING A
BUSINESS ASSISTANCE AGREEMENT WITH GLACIER ICE CREAM &
GELATO FOR REINVESTMENT AND ATTRACTION OF A NEW RETAIL
SHOP AT 1387 SOUTH BOUDLER IN THE CITY OF LOUISVILLE
ORIGINATING DEPARTMENT: ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY:
Staff requests City Council action on a proposed economic development business assistance
package (BAP) for Glacier Homemade Ice Cream & Gelato to secure the building renovation
and establishment of a new retail shop occupying approximately 1,100 square feet located at
1387 South Boulder Road in Louisville.
Staff received a Business Assistance Request from John Stetson of Glacier Homemade Ice
Cream & Gelato, in order to renovate and re-open the former Baskin Robbins space in
Louisville Plaza at Hwy 42 and South Boulder Road as a Glacier franchise. Mr. Stetson
intends to have 15 employees when he first opens, paying an average wage of $15,000
annually.
Staff has discussed the prospect with the operators of Dairy Queen on McCaslin Blvd and
contacted Paul Doty, owner of Paulie’s Italian Ice of Downtown Louisville. The manager of
Dairy Queen was familiar with the City’s incentive program and did not see that this new ice
cream outlet was a threat to their business, due to the distant location and type of products.
We recognize, however, that this incentive is specifically for a Glacier franchise and will not
transfer to any other type of ice cream venue. As of this writing, staff has been unable to locate
Mr. Doty, because the store closes in the winter, but we sent an email message.
Based upon Council’s desire to attract new sales tax to the City of Louisville, encourage growth
and activity in this plaza, and fill existing vacant space, staff presents for City Council
consideration Resolution 41, approving a Business Assistance Package similar to those
recently offered to other new retail ventures in the city. If Council approves the Resolution, any
assistance would be contingent upon the opening of the store no later than June 1, 2010.
The project meets the general criteria in the City’s Business Assistance Policy under which the
City may provide assistance. The requested assistance would be funded by incremental new
sales tax from the retail portion of the project. Mr. Stetson is considering whether to lease this
space or nearby vacant space In Lafayette. Staff hopes that this incentive package will make
SUBJECT AGENDA ITEM
RESOLUTION NO. 41, SERIES 2009 8C
53
PAGE TWO
SUBJECT: RESOLUTION NO. 41, SERIES 2009
DATE: DECEMBER 15, 2009
the Louisville site more attractive. The proposed BAP includes the following provisions:
• The City would rebate 40% of the incremental sales tax revenues derived from the
imposition of the City's 3.0% general sales tax (excluding the City's three-eighths percent
(3/8%) Open Space Tax and one-eighths percent (1/8%) Historic Preservation Tax) and
actually collected by the City and attributable to retail sales from new business activity in
the City of Louisville for the first two years of operation.
• Incremental assistance would NOT be provided if Glacier Homemade Ice Cream & Gelato
has not commenced operation on or before June 1, 2010.
• Total assistance would be capped at $7,500.
• The City would receive full benefits from permit fees and construction use tax.
• The maximum two-year rebate would run concurrently with the opening and first two years
of operation of the restaurant.
• In the event that within 5 years of the commencement of the rebate term, this restaurant
terminates their business for any reason, Glacier Homemade Ice Cream & Gelato would
pay back the total amount of sales tax rebated by the City.
This assistance package is based upon the City’s goals to attract businesses generating new
sales tax to Louisville and encourage revitalization in existing shopping districts. Staff believes
that the attraction of a new retail outlet to the Louisville Plaza will have additional benefit by
encouraging additional shopping throughout plaza. The package to Glacier Homemade Ice
Cream & Gelato is comparable to those provided to Boulder Creek Restaurant Group Waterloo,
Empire, Louisville Main Street Partners, and Beef O’Brady’s, except that the term is shorter
based on the lower amount of investment in the tenant finish and the fact that the jobs are
relatively low in scale.
FISCAL IMPACT:
The City would rebate 40% of the incremental sales tax revenue from this shop’s new retail
sales, up to a maximum of $7,500 or for two years, whichever comes first. The remaining 60%
of the incremental sales tax revenue will go to the City’s general fund and capital improvement
fund. The proposed rebate excludes permit fees and construction use tax which the owner will
be required to pay as normal. Staff estimates that permit fees and construction use tax will
generate an estimated $900.00 (excluding tap or impact fees) of new revenue directly to the
City in the first year of operation. This assumes an investment of $10,000 in construction costs.
54
PAGE THREE
SUBJECT: RESOLUTION NO. 41, SERIES 2009
DATE: DECEMBER 15, 2009
RECOMMENDATION:
Staff recommends that City Council approve Resolution No. 41, Series 2009 – A Resolution
Approving A Business Assistance Agreement with Glacier Homemade Ice Cream & Gelato for
the reinvestment and attraction of a new restaurant concept occupying approximately 1,100
square feet located at 1387 South Boulder Road in the Louisville Plaza.
ATTACHMENT(S):
1. Resolution No. 41, Series 2009
2. Business Assistance Agreement with Glacier Homemade Ice Cream & Gelato
55
RESOLUTION NO. 41
SERIES 2009
A RESOLUTION APPROVING A BUSINESS ASSISTANCE AGREEMENT
WITH GLACIER HOMEMADE ICE CREAM & GELATO FOR REINVESTMENT
AND ATTRACTION OF A NEW RETAIL OUTLET AT 1387 SOUTH BOULDER
ROAD IN THE CITY OF LOUISVILLE
WHEREAS, the successful attraction and retention of high quality
development to the City of Louisville provides employment opportunities and
increased revenue for citizen services and is therefore an important public
purpose; and
WHEREAS, it is important for the City of Louisville to attract new retail
opportunities in the City and remain competitive with other local governments in
creating assistance for occupancy of existing space in the City; and
WHEREAS, John Stetson plans to lease 1,100 square feet of existing
retail space as Glacier Homemade Ice Cream & Gelato in Louisville Plaza, Unit
F, at 1387 South Boulder Road, Louisville; and
WHEREAS, there has been proposed a Business Assistance Agreement
between the City and Glacier Homemade Ice Cream & Gelato, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, pursuant the Constitution of the State of Colorado, and the
Home Rule Charter and ordinances of the City of Louisville, the City has authority
to enter into the proposed Business Assistance Agreement; and
WHEREAS, the City Council finds that the proposed Business Assistance
Agreement is consistent with and in furtherance of the business assistance
policies of the City, and desires to approve the Agreement and authorize its
execution and implementation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LOUISVILLE, COLORADO THAT:
1. The proposed Business Assistance Agreement between the City of
Louisville and Glacier Homemade Ice Cream & Gelato (the “Agreement”) is
hereby approved in essentially the same form as the copy of such Agreement
accompanying this Resolution.
2. The Mayor is hereby authorized to execute the Agreement on behalf of
the City Council of the City of Louisville, except that the Mayor is hereby granted
the authority to negotiate and approve such revisions to said Agreement as the
56
Mayor determines are necessary or desirable for the protection of the City, so
long as the essential terms and conditions of the Agreement are not altered.
PASSED AND ADOPTED this ______ day of _____________, 2009.
__________________________
Charles L. Sisk, Mayor
ATTEST:
_________________________
Nancy Varra, City Clerk
57
BUSINESS ASSISTANCE AGREEMENT FOR
GLACIER HOMEMADE ICE CREAM & GELATO IN THE CITY OF
LOUISVILLE
THIS AGREEMENT (“Agreement”) is made and entered into as of the
15th day of December, 2009, between the CITY OF LOUISVILLE, a Colorado
home rule municipal corporation (the "City"), and Glacier Homemade Ice Cream
& Gelato, a Colorado limited liability company.
WHEREAS, the City wishes to provide certain business assistance in
connection with leasing of approximately 1,100 square feet to a ice cream retailer
in Louisville Plaza, 1387 South Boulder Road, Louisville (the project); and
WHEREAS, John Stetson plans to remodel the interior finish of 1387
South Boulder Road by 2nd quarter 2010; and
WHEREAS, Glacier Homemade Ice Cream & Gelato plans for the project
to generate new sales tax revenue by the attraction, opening and operation of an
ice cream and gelato shop in the City; and
WHEREAS, City Council finds the execution of this Agreement will serve
to provide benefit and advance the public interest and welfare of the City and its
citizens by securing the location of this economic development project within the
City.
NOW THEREFORE, in consideration of the mutual promises set forth
below, the City and Glacier Homemade Ice Cream & Gelato agree as follows:
1. Sales Tax Rebates. The City shall rebate to Glacier Homemade Ice
Cream & Gelato 40% of the incremental sales tax revenues derived from the
imposition of the City’s 3.0% general sales tax (excluding the City’s three-eights
percent (⅜%) Open Space Tax and the one-eighth percent (1/8%) Historic
Preservation Tax) that are actually collected by the City and attributable to new
retail sales attributable solely to the project and occurring at the project location
of 1387 South Boulder Road and generated by an ice cream shop for the first two
years of its operation. The two-year rebate period shall commence upon and run
continuously from the date of issuance of the certificate of occupancy for Glacier
Homemade Ice Cream & Gelato. Rebates shall not exceed $7,500 or two years
of operation, whichever comes first.
2. Payment of Rebates. The sales tax rebates shall be paid by the City
in annual installments and shall be made on or before January 31st. No interest
shall be paid on amounts subject to rebate.
58
3. Use of Funds. Funds rebated pursuant to this Agreement shall be
used by Glacier Homemade Ice Cream & Gelato solely for obligations and/or
improvements permitted under Louisville Municipal Code section 3.24.060 (as
enacted by Ordinance No. 1507, Series 2007).
4. Entire Agreement. This instrument shall constitute the entire
agreement between the City and Glacier Homemade Ice Cream & Gelato and
supersedes any prior agreements between the parties and their agents or
representatives, all of which are merged into and revoked by this Agreement with
respect to its subject matter. Contact information is as follows:
John Stetson
Glacier Homemade Ice Cream & Gelato
4760 Baseline Road
Boulder, CO 80303
303-818-0569
johnstetson@hotmail.com
5. Termination. This Agreement shall terminate and become void and of
no force or effect upon the City if, by June 1, 2010, Glacier Homemade Ice
Cream & Gelato has not completed the project (as evidenced by a successful
final inspections for the shop); or should fail to comply with any City code.
6. Business Termination. In the event that, within five (5) years of the
commencement of the rebate term, the shop ceases operations at 1387 South
Boulder Road, Louisville, Glacier Homemade Ice Cream & Gelato shall pay to
the City the total amount of sales tax which were due and payable to the City but
were rebated by the City to Glacier Homemade Ice Cream & Gelato, as well as
reimburse the City for any funds provided to Glacier Homemade Ice Cream &
Gelato pursuant to this Agreement.
7. Subordination. The City's obligations pursuant to this Agreement are
subordinate to the City's obligations for the repayment of any current or future
bonded indebtedness and are contingent upon the existence of a surplus in sales
and use tax revenues in excess of the sales and use tax revenues necessary to
meet such existing or future bond indebtedness. The City shall meet its
obligations under this Agreement only after the City has satisfied all other
obligations with respect to the use of sales tax revenues for bond repayment
purposes. For the purposes of this Agreement, the terms "bonded
indebtedness," "bonds," and similar terms describing the possible forms of
indebtedness include all forms of indebtedness that may be incurred by the City,
including, but not limited to, general obligation bonds, revenue bonds, revenue
anticipation notes, tax increment notes, tax increment bonds, and all other forms
of contractual indebtedness of whatsoever nature that is in any way secured or
collateralized by sales and use tax revenues of the City.
59
7. Annual Appropriation. Nothing in this Agreement shall be deemed or
construed as creating a multiple fiscal year obligation on the part of the City
within the meaning of Colorado Constitution Article X, Section 20 or any other
constitutional or statutory provision, and the City's obligations hereunder are
expressly conditional upon annual appropriation by the City Council, in its sole
discretion. Glacier Homemade Ice Cream & Gelato understands and agrees that
any decision of City Council to not appropriate funds for payment shall be without
penalty or recourse to the City and, further, shall not affect, impair, or invalidate
any of the remaining terms or provisions of this Agreement.
8. Governing Law: Venue. This Agreement shall be governed and
construed in accordance with the laws of the State of Colorado. This Agreement
shall be subject to, and construed in strict accordance with, the Louisville City
Charter and the Louisville Municipal Code. In the event of a dispute concerning
any provision of this Agreement, the parties agree that prior to commencing any
litigation, they shall first engage in a good faith the services of a mutually
acceptable, qualified, and experience mediator, or panel of mediators for the
purpose of resolving such dispute. In the event such dispute is not fully resolved
by mediation or otherwise within 60 days a request for mediation by either party,
then either party may commence legal proceedings regarding the dispute. The
venue for any lawsuit concerning this agreement shall be in the District Court for
Boulder County, Colorado.
9. Legal Challenge; Escrow. The City shall have no obligation to make
any rebate payment hereunder during the pendency of any legal challenge to this
Agreement. The parties covenant that neither will initiate any legal challenge to
the validity or enforceability of this Agreement, and the parties will cooperate in
defending the validity or enforceability of this Agreement against any challenge
by any third party. Any funds appropriated for payment under this Agreement
shall be escrowed in a separate City account in the event there is a legal
challenge to this Agreement.
10. Assignment. This Agreement is personal to Glacier Homemade Ice
Cream & Gelato may not assign any of the obligations, benefits or provisions of
the Agreement in whole or in any part without the expressed written authorization
of the City Council of the City. Any purported assignment, transfer, pledge, or
encumbrance made without such prior written authorization shall be void.
11. No Joint Venture. Nothing is this Agreement is intended or shall be
construed to create a joint venture between the City and Glacier Homemade Ice
Cream & Gelato LLC and the City shall never be liable or responsible for any
debt or obligation of Glacier Homemade Ice Cream & Gelato.
60
GLACIER HOMEMADE ICE CREAM CITY OF LOUISVILLE
& GELATO
A Colorado limited liability company
By:________________________ _______________________
John Stetson Charles L. Sisk
Mayor
ATTEST: ATTEST:
_____________________________ ________________________
Secretary Nancy Varra
City Clerk
61
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: RESOLUTION NO. 42, SERIES 2009 – A RESOLUTION APPROVING A
BUSINESS ASSISTANCE AGREEMENT WITH FRESCA FOODS, INC
FOR EXPANSION OF COMPANY CREATING NEW JOBS AND
OCCUPANCY OF NEWLY CONSTRUCTED SPACE
ORIGINATING DEPARTMENT: ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY:
Staff requests City Council action on a proposed economic development business assistance
package (BAP) for Fresca Foods Inc., a natural food producer. A description of the company is
found below, following the recommendation.
Fresca Foods Inc. is considering leasing approximately 65,195 square feet of newly
constructed space from Etkin Johnson Group at 195 CTC Boulevard in the Colorado Tech
Center. This assistance is based upon business retention, new primary job creation, and
occupancy of newly constructed space in the City. Fresca Foods Inc. meets the general
criteria by which assistance may be granted in accordance with the Business Assistance
Policy. The assistance will be funded by permit fees and construction use tax from the tenant
finish of the existing space.
Background - On July 22, some city staff members along with Councilor Dalton met with
executives of Fresca Foods at their plant in CTC. This company currently operates out of four
locations in CTC and one in Federal Heights, producing and packaging natural food products
like Larabars, Justin Nut Butters, 34 Degree crackers and others. They are in negotiation with
Etkin Johnson Group regarding occupancy of the entire building at 195 CTC Boulevard. This
core and shell building was constructed in 2008. At that time, the city collected approximately
$25,000 in building permit fees, $46,260 in use tax, and over $50,000 in impact fees (a total of
over $120,000). If space is leased to Fresca Foods Inc., they will be the building’s first tenant.
In October, the City Council approved a business assistance package for Intertek for ½ of this
same building. Unfortunately, Intertek was not able to conclude lease negotiations with Etkin
Johnson on this space. However, it appears they may lease another site nearby in the City.
Based upon City Council’s desire to create new primary jobs, staff is proposing a business
assistance package. This company plans to have a total of 185 employees at the time of
occupancy. Fresca Foods Inc. currently employs 77 in their four Louisville locations; 88
employees would transfer from the site in Federal Heights, and Fresca Foods plans to hire 20
more employees between now and the time the building is ready for occupancy. In five years,
SUBJECT AGENDA ITEM
RESOLUTION NO. 42, SERIES 2009
8D
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SUBJECT: RESOLUTION NO. 42, SERIES 2009
DATE: DECEMBER 15, 2009
they expect to have 250 total employees. The average annual wage paid by this company is
approximately $28,500 per employee, with a current annual payroll of approximately
$5,000,000. If the company consolidates all its operations into CTC, they will completely
occupy this building, plus retain their current facility at 340 S. Taylor for some operations.
Fresca Foods Inc. is considering several other sites, each of which has advantages over this
site. Those sites are in Weld County, Adams County and Longmont. Staff hopes this incentive
will help them decide to remain in Louisville.
The City estimates that Fresca Foods Inc. will generate new revenue of nearly $58,000 from
building permit fees directly to the City in the first year of operation, given an investment of
$2,240,000 in tenant finish costs.
Based upon the estimated revenue projection, staff recommends the following:
Proposed Assistance Estimated
Value
Building Permit-Fee Rebate
50% rebate on permit fees for tenant finish $ 9,750.00
(Excludes tap fees)
Building Use Tax Rebate
50% rebate on Building Use Tax for core and shell and
Tenant finish (excludes 0.375% open space tax) $18,900.00
Total Proposed Assistance Package Not To Exceed $28,650.00
Alternatives
Do Nothing: One alternative to offering the business assistance package recommended by staff
is to offer nothing to this company. This approach could save the City the value of the proposed
rebate—if Fresca Foods decides to stay in Louisville. However, this approach risks Fresca
Foods relocating elsewhere—a distinct possibility as they are actively evaluating space
currently available in other cities—and if they do move, the economic impact in Louisville’s
economy from Fresca Foods’ existing operations and jobs—as well as the new economic
impact and jobs resulting from the expansion—would move with them.
Provide Less: Another alternative is to provide less assistance than what is recommended.
However, the recommended assistance is considered fair relative to the amount of Fresca
Foods’ investment. It is also consistent with the assistance provided by the City in other similar
situations.
Provide More: A third alternative would be to provide a greater amount of assistance than
recommended. It is staff's opinion that the proposed offer is reasonable and consistent with the
City’s Business Assistance Policy.
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SUBJECT: RESOLUTION NO. 41, SERIES 2009
DATE: DECEMBER 15, 2009
Conclusion
Staff supports this assistance package because Fresca Foods is creating new jobs in
Louisville, retaining 77 primary jobs, and occupying existing available space that has been
vacant for over one year.
FISCAL IMPACT:
Staff recommends a BAP that does not exceed a total of $28,650.00, which includes 50%
permit fee rebates and 50% building use tax rebates (excluding the 0.375 % open space tax,
0.125% Historic Preservation tax, water and sewer tap fees, and impact fees), based upon the
tenant finish of approximately 65,165 square foot office/warehouse space at 195 CTC
Boulevard in the City.
RECOMMENDATION:
Approve Resolution No. 42, Series 2009 - A Resolution Approving A Business Assistance
Agreement With Fresca Foods Inc. For The Occupancy Of Newly Constructed Space At 195
CTC Boulevard In The Colorado Tech Center In The City Of Louisville
ATTACHMENT(S):
1. Resolution No. 42, Series 2009
2. Agreement with Fresca Foods, Inc.
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RESOLUTION NO. 42
SERIES 2009
A RESOLUTION APPROVING A BUSINESS ASSISTANCE AGREEMENT
WITH FRESCA FOODS INC FOR THE OCCUPANCY OF NEWLY
CONSTRUCTED SPACE AT 195 CTC BOULEVARD IN THE COLORADO
TECH CENTER IN THE CITY OF LOUISVILLE
WHEREAS, the successful attraction and retention of high quality development
to the City of Louisville provides employment opportunities and increased revenue for
citizen services and is therefore an important public purpose; and
WHEREAS, it is important for the City of Louisville to attract quality jobs and
remain competitive with other local governments in creating assistance for occupancy of
existing space in the City; and
WHEREAS, Fresca Foods Inc plans to lease 65,195 square feet of
office/warehouse space at 195 CTC Boulevard in the Colorado Tech Center in Louisville;
and
WHEREAS, there has been proposed a Business Assistance Agreement between
the City and Fresca Foods Inc, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference; and
WHEREAS, pursuant the Constitution of the State of Colorado, and the Home
Rule Charter and ordinances of the City of Louisville, the City has authority to enter into
the proposed Business Assistance Agreement;
WHEREAS, the City Council finds that the proposed Business Assistance
Agreement is consistent with and in furtherance of the business assistance policies of the
City, and desires to approve the Agreement and authorize its execution and
implementation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LOUISVILLE, COLORADO THAT:
1. The proposed Business Assistance Agreement between the City of Louisville
and Fresca Foods Inc (the “Agreement”) is hereby approved in essentially the same form as
the copy of such Agreement accompanying this Resolution.
2. The Mayor is hereby authorized to execute the Agreement on behalf of the
City Council of the City of Louisville, except that the Mayor is hereby granted the authority
to negotiate and approve such revisions to said Agreement as the Mayor determines are
necessary or desirable for the protection of the City, so long as the essential terms and
conditions of the Agreement are not altered.
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3. City staff is hereby authorized to do all things necessary on behalf of the City
to perform the obligations of the City under the Agreement, including but limited to funding
and implementation of the Agreement in accordance with and upon performance of the
terms thereof.
PASSED AND ADOPTED this ______ day of _____________, 2009.
______________________________
Charles L. Sisk, Mayor
ATTEST:
______________________________
Nancy Varra, City Clerk
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EXHIBIT A
A copy of the Business Assistance Agreement
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BUSINESS ASSISTANCE AGREEMENT FOR
FRESCA FOODS INC IN THE CITY OF LOUISVILLE
THIS AGREEMENT (“Agreement”) is made and entered into as of the _______
day of ______________, 2009, between the CITY OF LOUISVILLE, a Colorado home
rule municipal corporation (the "City"), and FRESCA FOODS INC, a Colorado
corporation.
WHEREAS, the City wishes to provide certain assistance to Fresca Foods Inc in
connection with the company’s tenant finish of approximately 65,195 square feet of
newly constructed space at 195 CTC Boulevard in Colorado Tech Center in Louisville
(the project); and
WHEREAS, Fresca Foods Inc plans to open in the new facility by second quarter
2010; and
WHEREAS, Fresca Foods Inc plans to retain current primary jobs and provide
additional primary job creation within the City; and
WHEREAS, City Council finds the execution of this Agreement will serve to
provide benefit and advance the public interest and welfare of the City and its citizens by
securing the location of this economic development project within the City.
NOW THEREFORE, in consideration of the mutual promises set forth below, the
City and Fresca Foods Inc agree as follows:
1. Building Permit Fee Rebates. The City shall rebate to Fresca Foods Inc 50%
of the building related permit fees for the project, required under Louisville Municipal
Code, section 15.04.050 and section 108.2 of the International Building Code as adopted
by the City.
2. Use Tax Rebate-Construction. The City shall rebate to Fresca Foods Inc 50%
of the Construction Use Tax on the building materials for the project, required under
Louisville Municipal Code, section 3.20.300, excluding all revenues from the open space
tax.
3. Payment of Rebates Cap. The maximum amount of the rebates payable
pursuant to 1 and 2 above shall in no event exceed $28,650.00. The rebates shall be paid
by the City within 120 days following issuance of the Certificate of Occupancy for the
project, subject to 4, below. Payment will be submitted to Fresca Foods Inc’s designated
financial institution. No interest shall be paid on amounts subject to rebate.
4. Use of Funds. Funds rebated pursuant to this Agreement shall be used by
Fresca Foods Inc solely for obligations and/or improvements permitted under Louisville
Municipal Code section 3.24.060 (as enacted by Ordinance No. 1507, Series 2007),
which may include tenant improvements for occupancy of vacant space or the expansion
or creation of jobs within the City. The eligible obligations and/or improvements to 195
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CTC Boulevard shall be fully satisfied and/or completed prior to payment to Fresca
Foods Inc of any rebate pursuant to this Agreement.
5. Future Fees. The rebates provided for under this Agreement are solely for the
initial construction on the project. Any subsequent construction activities shall be subject
to payment without rebate of all applicable building permit fees and construction use
taxes.
6. Entire Agreement. This instrument shall constitute the entire agreement
between the City and Fresca Foods Inc and supersedes any prior agreements between the
parties and their agents or representatives, all of which are merged into and revoked by
this Agreement with respect to its subject matter.
7. Termination. This Agreement shall terminate and become void and of no force
or effect upon the City if Fresca Foods Inc has not completed the project and moved into
its new facility at 195 CTC Boulevard by December 31, 2010; or should Fresca Foods Inc
fail to comply with any City code.
8. Business Termination. In the event Fresca Foods Inc ceases business
operations within the City within three (3) years after the new operations commence, then
in such event Fresca Foods Inc shall pay to the City the total amount of fees and use taxes
which were due and payable by Fresca Foods Inc to the City but were rebated by the
City, as well as reimburse the City for any funds provided to Fresca Foods Inc pursuant
to this Agreement.
9. Subordination. The City's obligations pursuant to this Agreement are
subordinate to the City's obligations for the repayment of any current or future bonded
indebtedness and are contingent upon the existence of a surplus in sales and use tax
revenues in excess of the sales and use tax revenues necessary to meet such existing or
future bond indebtedness. The City shall meet its obligations under this Agreement only
after the City has satisfied all other obligations with respect to the use of sales tax
revenues for bond repayment purposes. For the purposes of this Agreement, the terms
"bonded indebtedness," "bonds," and similar terms describing the possible forms of
indebtedness include all forms of indebtedness that may be incurred by the City,
including, but not limited to, general obligation bonds, revenue bonds, revenue
anticipation notes, tax increment notes, tax increment bonds, and all other forms of
contractual indebtedness of whatsoever nature that is in any way secured or collateralized
by sales and use tax revenues of the City.
10. Annual Appropriation. Nothing in this Agreement shall be deemed or
construed as creating a multiple fiscal year obligation on the part of the City within the
meaning of Colorado Constitution Article X, Section 20 or any other constitutional or
statutory provision, and the City's obligations hereunder are expressly conditional upon
annual appropriation by the City Council, in its sole discretion. Fresca Foods Inc
understands and agrees that any decision of City Council to not appropriate funds for
payment shall be without penalty or recourse to the City and, further, shall not affect,
impair, or invalidate any of the remaining terms or provisions of this Agreement.
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11. Governing Law: Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado. This Agreement shall be subject to,
and construed in strict accordance with, the Louisville City Charter and the Louisville
Municipal Code. In the event of a dispute concerning any provision of this Agreement,
the parties agree that prior to commencing any litigation, they shall first engage in a good
faith the services of a mutually acceptable, qualified, and experience mediator, or panel
of mediators for the purpose of resolving such dispute. In the event such dispute is not
fully resolved by mediation or otherwise within 60 days a request for mediation by either
party, then either party may commence legal proceedings regarding the dispute. The
venue for any lawsuit concerning this agreement shall be in the District Court for Boulder
County, Colorado.
12. Legal Challenge; Escrow. The City shall have no obligation to make any
rebate payment hereunder during the pendency of any legal challenge to this Agreement.
The parties covenant that neither will initiate any legal challenge to the validity or
enforceability of this Agreement, and the parties will cooperate in defending the validity
or enforceability of this Agreement against any challenge by any third party. Any funds
appropriated for payment under this Agreement shall be escrowed in a separate City
account in the event there is a legal challenge to this Agreement.
13. Assignment. This Agreement is personal to Fresca Foods Inc may not assign
any of the obligations, benefits or provisions of the Agreement in whole or in any part
without the expressed written authorization of the City Council of the City. Any
purported assignment, transfer, pledge, or encumbrance made without such prior written
authorization shall be void.
14. No Joint Venture. Nothing is this Agreement is intended or shall be
construed to create a joint venture between the City and Fresca Foods Inc and the City
shall never be liable or responsible for any debt or obligation of Fresca Foods Inc
15. No Third-Party Beneficiaries. There are no intended third-party beneficiaries
to this Agreement.
FRESCA FOODS INC CITY OF
LOUISVILLE
By:___________________________ By:_________________________
(name) Charles L. Sisk
(title) Mayor
ATTEST: ATTEST:
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____________________________ __________________________
Secretary Nancy Varra
City Clerk
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COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: APPROVE AGREEMENT WITH MOUNTAIN STATES PIPE AND SUPPLY TO
INSTALL AUTOMATED METER READING (AMR) SYSTEM INCLUDING
EQUIPMENT INSTALLATION
ORIGINATING DEPARTMENT: PUBLIC WORKS DEPARTMENT
SUMMARY:
The City’s existing water meters have reached the end of their useful life and need
replacement. In addition to replacing old meters, staff wants to upgrade the meters so they can
be read using a mobile radio read system. Over the last few months the Public Works
Department has evaluated proposals from several vendors and performed beta testing on
Automatic Meter Reading (AMR) equipment. Staff presented City Council with their findings
and recommendation at the October 06, 2009 City Council meeting. The recommended vendor,
Mountain States Pipe and Supply (MSPS), was found to have the best overall value based on
price, equipment quality, warranty, and installation experience. Council authorized Public
Works staff to negotiate a contract agreement with MSPS to furnish and install the radio read
equipment and new water meters throughout the city.
Attached is the Agreement for Water Meter Replacement Services including radio read
equipment for all water services in the City. The proposed 7 month schedule for the meter
replacement project will begin February 1, 2010 and is scheduled to be completed by July 31,
2010. City staff will work closely with the contractor to insure that the AMR installation project
has minimal impact on residents and businesses during that period. Installation of the
equipment will be supervised by Public Works staff and coordinated with the Finance
Department. In addition to the Agreement attached are purchase and maintenance
agreements for the AMR radio read equipment and software. Itron is the equipment
manufacturer. However the City will be purchasing the equipment from MSPS. MSPS is an
authorized distributor for Itron. Ongoing maintenance will be provided by Itron.
Approximately a month before meter installation begins Staff and MSPS will begin a public
information and education process. At least one open house will be held to explain the process
in greater detail. The MSPS will use a call center to schedule appointments with customers
whose meters are located inside. MSPS utilizes trained installers to install the metering
equipment. The contractor uses application process drug screen test and a background check
to screen its employees. MSPS procedures include tracking customer complaints and relaying
them to the city.
SUBJECT APPROVE AGREEMENT WITH AGENDA ITEM
MOUNTAIN STATES PIPE AND SUPPLY
TO INSTALL AUTOMATED METER
READING (AMR) SYSTEM INCLUDING
8E
EQUIPMENT INSTALLATION
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SUBJECT: APPROVE AGREEMENT WITH MOUNTAIN STATES PIPE AND SUPPLY TO
INSTALL AUTOMATED METER READING (AMR) SYSTEM INCLUDING
EQUIPMENT INSTALLATION
DATE: DECEMBER 15, 2009
In order to install the water meters and software, Mountain States needs to obtain from the City
utility billing information about certain City customers that receive water service from the City.
To protect the confidentiality of this information, MSPS and the City will execute a Mutual Non
Disclosure Agreement covering, among other things, restrictions on who will have access to
this information and how it will be secured.
FISCAL IMPACT:
The total project cost for all meter materials and installation is $1,276,536.78. For a detailed list
of the elements of this total, refer to page 28 of “Exhibit B” in the agreement. These costs have
been updated from previous estimates and reflect a more accurate inventory of water meter
sizes and quantities. Prices include equipment, installation, start up, and training expenses.
The 2009 and 2010 Utility Fund CIP budgets include $1,000,000 and $500,000 respectively for
the meter replacement project. Staff recommends establishing a project budget of $1,340,000
including a project contingency of $63,500(5%) for system wide water meter replacement. The
project contingency will cover other potential expenses such as installation issues, possible
variations in actual quantity and type of meters purchased, custom software modifications and
related costs. As time permits city crews will be utilized to replace meters installed in pits which
could reduce out of pocket cost by $33,887.
RECOMMENDATION:
1) Approve the Mt. States Pipe and Supply Agreement for Meter Replacement Services for
the total project amount of $1,276,536
2) Approve the Mutual Non Disclosure Agreement
3) Approve the Itron Customer Purchase and Maintenance Agreements
4) Authorize staff to execute contract change orders up to $63,500, and
5) Authorize for the Mayor and City Clerk to execute contract documents on behalf of the
City.
ATTACHMENT(S):
1. Agreement with MSPS for Meter Replacement Services
2. Itron Customer Purchase Agreement
3. Itron Maintenance Agreement
4. Mutual Non Disclosure Agreement
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AN AGREEMENT BY AND BETWEEN THE CITY OF LOUISVILLE
AND MOUNTAIN STATES PIPE AND SUPPLY CO.
FOR WATER METER REPLACEMENT SERVICES
1.0 PARTIES
The parties to this Agreement are the City of Louisville, a Colorado home rule municipal corporation,
hereinafter referred to as the “City”, and Mountain States Pipe and Supply Co., a Colorado corporation,
hereinafter referred to as the “Contractor”.
2.0 RECITALS AND PURPOSE
a) The City desires to engage the Contractor for the purpose of furnishing and installing replacement
water meter as further set forth in and in accordance with the requirements in Exhibit B, the
Contractor’s Scope of Services, attached hereto and incorporated by reference (which services are
hereinafter referred to as the “Services” or “Work”).
b) The Contractor represents that it has the special expertise, equipment and material necessary to
provide and install automatic meter reading system.
3.0 SCOPE OF SERVICES
The Contractor agrees to provide the City with the specific Services and equipment and to perform the
specific tasks, duties and responsibilities set forth in the Scope of Services.
4.0 COMPENSATION
a) The City shall pay the Contractor for material, equipment and services under this agreement a total
not to exceed the amounts set forth in Exhibit B. Payment shall be made based on the actual
number and size of meters provided and/or installed by the contractor per the unit pricing
identified in Exhibit B. The City shall not pay mileage or other reimbursable expenses (such as
meals, parking, travel expenses, necessary memberships, etc.) which are deemed necessary for
performance of the services. The foregoing amounts of compensation shall be inclusive of all
costs of whatsoever nature associated with the Contractor’s efforts, including but not limited to
salaries, benefits, overhead, administration, profits, expenses, and outside contractor or
subcontractor fees. The Scope of Services and payment therefore shall only be changed by a
properly authorized amendment to this Agreement. No City employee has the authority to bind
the City with regard to any payment for any services exceeding the amount payable under the
terms of this Agreement.
b) The Contractor shall submit monthly an invoice to the City for Services rendered and a detailed
expense report for pre-approved, reimbursable expenses incurred during the previous month. The
invoice shall document the Services provided during the preceding month, identifying by work
category and subcategory the work and tasks performed and such other information as may be
required by the City. The Contractor shall provide such additional backup documentation as may
be required by the City. The City shall pay the invoice within forty-five (45) days of receipt
unless the Services or the documentation therefore are unsatisfactory. Payments made after forty-
five (45) days may be assessed an interest charge of one percent (1%) per month unless the delay
in payment resulted from unsatisfactory work or documentation therefore. Retention of 10%
shall be withheld from each monthly payment until such time as all work is complete and
acceptance of same granted by the City.
c) Contractor shall provide City with written evidence that all persons who have provided Work on
the Services or have furnished material under this Agreement and are entitled to liens therefore
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under any laws of the State of Colorado have been fully paid or are not entitled to such liens.
Final payment shall not be made to Contractor until the City is reasonably satisfied that all claims
or liens have been satisfied by Contractor, or have been secured against as provided in C.R.S. §
38-26-101 et seq.
5.0 PROJECT REPRESENTATION
5.1. The City designates Ken Mason, Operations Manager as the responsible City staff to provide
direction to the Contractor during the conduct of the Services. Ken Mason shall be the Project
Manager. The Contractor shall comply with the directions given by Ken Mason and such person’s
designees.
5.2. The Contractor designates Nick Garrett as its project manager who shall be overseeing the
Services provided under this Agreement. Should Nick Garrett be replaced and such replacement
requires the City or the Contractor to undertake additional reevaluations, coordination, orientations,
etc., the Contractor shall be fully responsible for all such additional costs and services.
6.0 TERM
The term of this Agreement shall be from December 15th, 2009 to September 1st, 2010, unless sooner
terminated pursuant to Section 13, below. The Contractor’s services under this Agreement shall
commence upon execution of this Agreement by the City and shall progress so that the Services are
completed in a timely fashion consistent with the City’s requirements.
7.0 INSURANCE
7.1 Licensed Sureties and Insurers; Certificates of Insurance:
All Bonds and insurance required by this Agreement to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies acceptable to City that are duly
licensed to transact business in the State of Colorado and to issue Bonds or insurance policies for
the limits and coverage so required. Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided in this Agreement.
7.2 Contractor shall deliver to City, with copies to each additional insured, certificates of insurance
(and other evidence of insurance requested by City or any other additional insured) which
Contractor is required to purchase and maintain in accordance with paragraph 7.3. The
certificates shall be reviewed and approved by City prior to execution of the Agreement. The
City shall have the right to request and obtain copies of any insurance policies required under
paragraph 7.3. The completed certificates of insurance shall be sent to: City of Louisville, 749
Main Street, Louisville, Colorado 80027, Attention: Operations Manager.
7.3 Contractor's Liability Insurance:
a) The Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to ensure against all liability, claims, demands, and other obligations assumed by the
Contractor pursuant to paragraphs 8.0, and 9.0 in addition to any other insurance requirements
imposed by this Agreement or by law. The Contractor shall not be relieved of any liability,
claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure
to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in
sufficient amounts, durations, or types.
b) Contractor shall procure and maintain, and shall cause any Subcontractor or Supplier of the
Contractor to procure and maintain or insure the activity of his Subcontractors and Suppliers in
his own policy, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurers acceptable to the City. All coverages shall be
continuously maintained from the date of commencement of the Work to cover all liability,
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claims, demands, and other obligations assumed by the Contractor pursuant to paragraph 8.0 and
9.0. In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage.
1) Workers' Compensation insurance to cover obligations imposed by the Workers'
Compensation Act of Colorado and any other applicable laws for any employee
engaged in the performance of Work under this contract, and Employers' Liability
insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS
($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000)
disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000)
disease - each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
2) Comprehensive General Liability insurance with minimum combined single limits of
ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION
DOLLARS ($2,000,000) aggregate. The policy shall be applicable to all premises
and operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests’ provision.
3) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS
($1,000,000) aggregate with respect to each of Contractor’s owned, hired or non-
owned vehicles assigned to or used in performance of the services. The policy shall
contain a severability of interests’ provision.
4) The Contractor shall provide and maintain builder's risk insurance upon the entire
project equal to one hundred percent (100%) of the insurable value thereof. Such
insurance shall cover any and all physical damage including, without limitation,
damage caused by fire, vandalism, malicious mischief, blasting, excessive surface
runoff or storm water, high winds and other occurrences covered in a standard
extended coverage endorsement. The policy shall remain in effect until the Work is
accepted as substantially complete.
c) The policy required by paragraph (2) above, by paragraph (3) and by (4) above shall be endorsed
to include the City and each of their officers, agents and employees as additional insureds. Every
policy required above shall be primary insurance, and any insurance carried by the City, its
officers, or its employees, shall be excess and not contributory insurance to that provided by
Contractor. No additional insured endorsement to the policy required by paragraph (1) above
shall contain any exclusion for bodily injury or property damage arising from completed
operations. The Contractor shall be solely responsible for any deductible losses under any policy
required above.
d) The certificate of insurance provided to City shall be completed by the Contractor’s insurance
agent as evidence that policies providing the required coverages, conditions, and minimum limits
are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the Agreement.
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e) Failure on the part of the Contractor to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which the City may immediately terminate this contract, or at its discretion may procure or renew
any such policy or any extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by the City shall be repaid by Contractor to the City
upon demand, or the City may offset the cost of the premiums against any monies due to
Contractor from the City.
f) The City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
g) The parties hereto understand and agree that the City is relying on, and does not waive or intend
to waive by any provision of this contract, the monetary limitations (presently $150,000 per
person and $600,000 per occurrence) or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, § 24-10-101 et seq., 10 C.R.S., as from time to time
amended, or otherwise available to the City, its officers, or its employees.
7.4 City’s Liability Insurance:
In addition to the insurance required to be provided by Contractor under paragraph 7.3, City, at
City’s option, may purchase and maintain at City’s expense City’s own liability insurance as will
protect City against claims which may arise from operations under this Agreement.
7.5 Property Insurance:
The City shall be responsible for maintaining its own property insurance and, at its option, may
maintain such insurance as will protect it against claims which may arise from operations under
this Agreement.
7.6 Performance Bond:
Contractor shall procure and continuously maintain during the term of this Agreement a payment
and performance bond in substantially the form set forth in Exhibit C, attached hereto and
incorporated herein by reference.
8.0 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the City, and
its elected and appointed officers and its employees, from and against all liability, claims, and demands,
on account of any injury, loss, or damage, which arise out of or are connected with the services hereunder,
if such injury, loss, or damage is caused by the negligent act, omission, or other fault of the Contractor or
any subcontractor of the Contractor, or any officer, employee, or agent of the Contractor or any
subcontractor, or any other person for whom Contractor is responsible. The Contractor shall investigate,
handle, respond to, and provide defense for and defend against any such liability, claims, and demands.
The Contractor shall further bear all other costs and expenses incurred by the City or Contractor and
related to any such liability, claims and demands, including but not limited to court costs, expert witness
fees and attorneys’ fees if the court determines that these incurred costs and expenses are related to such
negligent acts, errors, and omissions or other fault of the Contractor. The City shall be entitled to its costs
and attorneys’ fees incurred in any action to enforce the provisions of this Section 8.0. The Contractor’s
indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused
by the act, omission, or other fault of the City.
9.0 INDEPENDENT CONTRACTOR
Contractor and any persons employed by Contractor for the performance of work hereunder shall be
independent contractors and not agents of the City. Any provisions in this Agreement that may appear to
give the City the right to direct Contractor as to details of doing work or to exercise a measure of control
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over the work mean that Contractor shall follow the direction of the City as to end results of the work
only. As an independent contractor, Contractor is not entitled to workers' compensation benefits
except as may be provided by the independent contractor nor to unemployment insurance benefits
unless unemployment compensation coverage is provided by the independent contractor or some
other entity. The Contractor is obligated to pay all federal and state income tax on any moneys
earned or paid pursuant to this contract.
10.0 ASSIGNMENT
Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or
become due hereunder without the City’s prior written consent.
11.0 DEFAULT
Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In
the event either party should fail or refuse to perform according to the terms of this Agreement, such party
may be declared in default.
12.0 TERMINATION
a) This Agreement may be terminated by either party for material breach or default of this
Agreement by the other party not caused by any action or omission of the other party by giving
the other party written notice at least thirty (30) days in advance of the termination date.
Termination pursuant to this subsection shall not prevent either party from exercising any other
legal remedies which may be available to it.
b) In addition to the foregoing, this Agreement may be terminated by the City for its convenience
and without cause of any nature by giving written notice at least fifteen (15) days in advance of
the termination date. In the event of such termination, the Contractor will be paid for the value of
the services rendered and material and equipment provided to the date of termination, and upon
such payment, all obligations of the City to the Contractor under this Agreement will cease.
Termination pursuant to this Subsection shall not prevent either party from exercising any other
legal remedies which may be available to it.
13.0 INSPECTION AND AUDIT
The City and its duly authorized representatives shall have access to any books, documents, papers, and
records of the Contractor that are related to this Agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
14.0 DOCUMENTS
All computer input and output, analyses, plans, documents, photographic images, tests, maps, surveys,
electronic files and written material of any kind generated in the performance of this Agreement or
developed for the City in performance of the Services are and shall remain the sole and exclusive property
of the City. All such materials shall be promptly provided to the City upon request therefore and at the
time of termination of this Agreement, without further charge or expense to the City. Contractor shall not
provide copies of any such material to any other party without the prior written consent of the City.
15.0 ENFORCEMENT
a) In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party
shall be entitled to its reasonable attorneys’ fees and related court costs.
b) Colorado law shall apply to the construction and enforcement of this Agreement. The parties
agree to the jurisdiction and venue of the courts of Boulder County in connection with any
dispute arising out of or in any matter connected with this Agreement.
16.0 COMPLIANCE WITH LAWS; WORK BY ILLEGAL ALIENS PROHIBITED
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16.1. Contractor shall be solely responsible for compliance with all applicable federal, state, and local
laws, including the ordinances, resolutions, rules, and regulations of the City; for payment of all
applicable taxes; and obtaining and keeping in force all applicable permits and approvals.
16.2. Exhibit A, the “City of Louisville Public Services Contract Addendum-Prohibition Against
Employing Illegal Aliens”, is attached hereto and incorporated herein by reference. There is also
attached hereto a copy of Contractor’s Pre-Contract Certification which Contractor has executed
and delivered to the City prior to Contractor’s execution of this Agreement.
17.0 INTEGRATION AND AMENDMENT; PRECENDENCE
This Agreement and Exhibits A, B and C hereto constitute the entire Agreement between the parties
(sometimes referred to as the “Contract Documents”) and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in writing signed by the parties.
In the event of any conflict between the provisions of this Agreement and the Exhibits hereto, this
Agreement shall control.
18.0 NOTICES
All notices required or permitted under this Agreement shall be in writing and shall be given by hand
delivery, by United States first class mail, postage prepaid, registered or certified, return receipt
requested, by national overnight carrier, Email, or by facsimile transmission, addressed to the party for
whom it is intended at the following address:
If to the City:
City of Louisville
Attn: City Manager
749 Main Street
Louisville, Colorado 80027
Telephone: (303) 335-4533
Fax: (303) 335-4550
Email: malcolmf@louisvilleco.gov
If to the Contractor:
Mountain States Pipe & Supply Co.
Attn: Paul T. Carroll
Elizabeth L. Carroll
111 West Las Vegas Street
Colorado Springs, CO 80903
Telephone: 800-777-7173
Fax: 719-634-5551
Email:
Any such notice or other communication shall be effective when received as indicated on the delivery
receipt, if by hand delivery or overnight carrier; on the United States mail return receipt, if by United
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States mail; on the date sent if by Email; or on facsimile transmission receipt. Either party may by similar
notice given, change the address to which future notices or other communications shall be sent.
19.0 EQUAL OPPORTUNITY EMPLOYER
a) Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, age, sex, disability or national origin. Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, religion, age, sex, disability, or national origin. Such action
shall include but not be limited to the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notice to be provided
by an agency of the federal government, setting forth the provisions of the Equal Opportunity
Laws.
b) Contractor shall be in compliance with the applicable provisions of the American with
Disabilities Act of 1990 as enacted and from time to time amended and any other applicable
federal, state, or local laws and regulations. A signed, written certificate stating compliance with
the Americans with Disabilities Act may be requested at any time during the life of this
Agreement or any renewal thereof.
20.0 CITY FINANCIAL OBLIGATIONS.
The Parties hereto do not intend this Agreement to be a multiple fiscal year financial obligation within the
meaning of Article X, Section 20 of the Colorado Constitution, and this Agreement shall be interpreted so
to avoid any such meaning. The parties therefore agree that all obligations of the City to make payment
under this Agreement are subject to annual appropriation by and at the discretion of the City Council.
21.0 SURVIVAL.
All of the terms and conditions of this Agreement concerning release, indemnification, termination,
warranties, remedies and enforcement shall survive termination of this Agreement.
In witness whereof, the parties have executed this Agreement to be effective as of the day and year of signed
by the City.
CITY OF LOUISVILLE,
a Colorado Municipal Corporation
By:___________________________ CONTRACTOR: _____________________________
Charles L. Sisk, Mayor By:__________________________
Attest:_______________________
Title:_________________________
Nancy Varra, City Clerk
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LIST OF EXHIBITS
EXHIBIT “A” – PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS
EXHIBIT “B” – SCOPE OF SERVICES TO THE AGREEMENT BY AND BETWEEN THE
CITY OF LOUISVILLE AND MOUNTAIN STATES PIPE AND SUPPLY CO.
EXHIBIT “C” – PERFORMANCE BOND
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EXHIBIT “A”
City of Louisville Public Services Contract Addendum
Prohibition Against Employing Illegal Aliens
Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract. Contractor shall not enter into a contract with a
subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract.
Contractor will participate in either the E-verify program or the Department program, as defined in C.R.S.
§ § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of
all employees who are newly hired for employment to perform work under the public contract for
services. Contractor is prohibited from using the E-verify program or the Department program
procedures to undertake pre-employment screening of job applicants while this contract is being
performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract for
services knowingly employs or contracts with an illegal alien, Contractor shall:
a. Notify the subcontractor and the City within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this paragraph the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall not terminate the
contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien.
Contractor shall comply with any reasonable request by the Department of Labor and Employment made
in the course of an investigation that the Department is undertaking pursuant to the authority established
in C.R.S. § 8-17.5-102(5).
If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, City may
terminate the contract for breach of contract. If the contract is so terminated, the Contractor shall be
liable for actual and consequential damages to the City.
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Pre-Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1)
The undersigned hereby certifies as follows:
That at the time of providing this certification, the undersigned does not knowingly employ or contract
with an illegal alien; and that the undersigned will participate in the E-Verify program or the Department
program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm
the employment eligibility of all employees who are newly hired for employment to perform under the
public contract for services.
Proposer:
__________________________
By_________________________
Title:_______________________
___________________________
Date
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EXHIBIT “B”
TO THE AGREEMENT BY AND BETWEEN THE CITY OF
LOUISVILLE AND MOUNTAIN STATES PIPE AND SUPPLY
FOR WATER METER REPLACEMENT SERVICES
December 15, 2009
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Table of Contents
1. Index to General Provisions…………………………………………………………..13
2. Index to Material Specifications…………………………………...…………….……27
3. Scope of Work - Specifications for AMR Installation……………………………….38
4. Water Meter Installation Manual………………………………………………….....41
5. Call Center Procedures……………………………………………………………......45
6. Labor Recruitment Procedure ……………………………..………………………....47
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City of Louisville Meter Replacement and AMR Specifications
INDEX TO GENERAL PROVISIONS
SECTION # SECTION NAME PAGE #
B.0100 Definitions 17
B.0200 Preliminary Items 17
B.0201 Contractor’s Understanding 17
B.0202 Commencement of Contract Time 17
B.0203 Report Errors and Discrepancies (Not Used) 17
B.0204 Pre-Construction Conference 17
B.0300 Contract Documents 18
B.0301 Intent 18
B.0302 Waiver 18
B.0400 Physical Conditions 18
B.0401 Use of City of Louisville’s Land (Not Used) 18
B.0402 Use of Adjoining Property (Not Used) 18
B.0403 Not Used 18
B.0404 Public Utilities (Not Used) 18
B.0405 Meter Pit/Vault Conditions 18
B.0500 Insurance (See Agreement) 18
B.0501 Insurance (See Agreement) 18
B.0600 Contractor Responsibilities 18
B.0601 Responsibilities of Contractor 18
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B.0602 Independent Contractor (See Agreement) 18
B.0603 Superintendence 19
B.0604 Assignment of Contract (See Agreement) 19
B.0605 Contractor’s Risks 19
B.0606 Patented Devices 19
B.0607 Working Hours of Contractor 19
B.0608 Contractor Not to Hire City of Louisville Employees 19
B.0609 Subcontractor (Not Used) 19
B.0610 Permits 19
B.0611 Laws and Ordinances 19
B.0612 Safety Requirements 20
B.0613 Sanitary Facilities 20
B.0614 Indemnification (See Agreement) 20
B.0615 Patent and Copyright Indemnification 20
B.0616 Ownership of Work Product (Not Used) 20
B.0617 Sales and Use Taxes 20
B.0618 Use of Colorado Labor 21
B.0619 Colorado Revised Statutes Article 17 (Not Used) 21
B.0620 Unlawful Employees, Contractors and Subcontractors 21
(See Agreement)
B.0621 Character of Workers 21
B.0700 Work by Others 21
B.0710 Rights of Various Interests 21
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B.0800 Owner Responsibilities (Not Used) 21
B.0810 Responsibilities of the City of Louisville (Not Used) 21
B.0900 Public Works Director Status 21
B.0901 Authority of the Public Works Director 22
B.0902 Inspection 22
B.1000 Changes in Work 22
B.1001 Change of Work 22
B.1002 Extra Work 22
B.1003 Decreased Work 23
B.1004 Force Majeure 23
B.1100 Changes in Contract Time 23
B.1101 Contract Price 23
B.1102 Change Order 23
B.1200 Change in Contract Time 23
B.1201 Work Completion Date 23
B.1202 Liquidated Damages 24
B.1300 Warranty and Guarantee 24
B.1301 Guarantee of Contractor 24
B.1302 Defective Work 24
B.1303 Acceptance 25
B.1400 Payments 25
B.1401 Payments & Notice of Settlement (See Agreement) 25
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B.1402 Quantities (See Agreement) 25
B.1403 Withholding of Payment 25
B.1500 Suspension of Work and Termination 25
B.1501 Failure of Performance 25
B.1502 Annulment Without Fault of Contractor (See Agreement) 26
B.1600 Miscellaneous (Not Used) 26
B.1601 Notice 26
B.1602 Salvage 26
B.1603 Normal Work Day of the City of Louisville 26
B.1604 Equipment and Labor Rate Schedule (Not Used) 26
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General Provisions
B.0100-Definitions
All references within these Contract Documents in one number shall be deemed extended to and
including the other number, whether singular or plural, and the use of any gender shall be applicable
to all genders.
“Contract Documents” shall mean the following components parts and documents: Agreement,
Exhibit A, Exhibit B, and Exhibit C.
“Contractor” shall mean Mountain States Pipe and Supply Company or its authorized representatives.
“Project Representative” shall mean duly authorized assistants of the City of Louisville Manager,
limited by the particular duties to which they are assigned.
“Subcontractor” shall mean an individual, partnership, firm, corporation, or joint venture or any
acceptable combination thereof, to which the Contractor sublets a part of the Contract.
“City of Louisville” shall include the authorized officials of the City of Louisville of City of
Louisville, Colorado.
“Work” shall mean any or all parts of the matters covered by this Contract.
B.0200-PRELIMINARY ITEMS
B.0201-Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the
nature and location of the Work, the character, quantity and quality of materials to be encountered, the
character of the equipment and facilities needed preliminary to and during the prosecution of the
Work, the general and local conditions, and all other matters which can in any way affect the Work.
No oral agreement or conversation with any officer, agent or employee of the City of Louisville, either
before or after the execution of this contract, shall affect or ratify any of the terms or obligations
herein contained.
Insofar as is known to the City of Louisville, and, according to the records available and at its
disposal, the information known about the general location of the meters and meter sets to be worked
on under this contract is identified through the City’s Finance Department’s billing records. No warranty is
expressed or implied as to the accuracy and completeness of this information.
B.0202-Commencement of Contract Time
The date of starting work shall be February 1, 2009. The Contractor shall commence the Work on or before
the starting date and complete the Work by July 31, 2010 (“Work Completion Date”).
B.0203-Report Errors and Discrepancies - Not Used
B.0204-Pre-Construction Conference
A pre-construction conference involving the City of Louisville personnel, and the Contractor, with his selected
personnel, must be held no later than one week prior to the start of Work. At this meeting a schedule
showing the planned sequence of the Work, including all automated meter reading (AMR) equipment
installation and cleanup, will be submitted by the Contractor to the City of Louisville for approval by the City
of Louisville. The Contractor should also submit at this time telephone numbers of key personnel who
can be reached twenty-four (24) hours a day, seven (7) days per week; copies of any required City of
Louisville or County permits; Colorado State Sales Tax Exemption number; the name and address of the
Contractor's bonding company and a statement of compliance to C.R.S. 8-17-101.
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B.0300-Contract Documents
B.0301-Intent
The Contract Documents comprise the entire agreement between the City of Louisville and
Contractor concerning the Work. They may be altered only by addendum or change order. The
Contract Documents are complementary; what is called for by one document is as binding as if called for
by all. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the
Contract Documents, it shall be reported to the City of Louisville in writing at once and before
proceeding with the Work affected thereby.
B.0302-Waiver
It is expressly understood and agreed that any waiver on the part of the City of Louisville, of any
term, provision, or covenant of this contract shall not constitute a precedent, nor bind the City of Louisville,
to a waiver of any succeeding breach of the same or any other of the terms, provisions or covenants of this
contract.
B.0400-Physical Conditions
B.0401-Use of City of Louisville's Land -Not Used
B.0402-Use of Adjoining Property – Not Used
B.0403-Not Used C.0404-Public Utilities – Not Used
B.0405-Meter Pit/Vault Conditions
Replacement meters and automated reading units shall be installed in existing meter pits, vaults, or other
installations in such a manner as to facilitate ease of reading by automated equipment. In the event a
meter valve has deficiencies requiring modifications to accommodate the equipment, the Contractor
shall notify the Project Representative of such condition prior to proceeding with the installation. No
modifications to meter pits or vaults shall be performed without prior authorization of the City’s
Project Representative. All pits or vaults shall be left in similar condition as they were found.
Dewatering of pits or vaults shall be incidental to the contract and any minor restoration required shall be
considered incidental to the Work, and neither shall increase contract costs to the City. Reference water
meter installation manual for additional information.
B.0500-INSURANCE - See Agreement
B.0501-Insurance – See Agreement
B.0600-CONTRACTOR RESPONSIBILITIES
B.0601-Responsibilities of Contractor
The Contractor shall furnish all superintendence; labor; equipment; tools and transportation only,
hereinafter specified; and execute, construct, and finish, in an expeditious, substantial and workmanlike
manner, satisfactory to the City of Louisville.
The total contract price shall cover all Work required by the Contract Documents. All costs in connection
with the proper and successful completion of the Work, including furnishing all equipment, supplies, and
appurtenances; providing all construction equipment and tools; and performing all necessary labor and
supervision to fully complete the Work, shall be included in the unit and lump sum prices furnished. All
Work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of
Contractor and all costs in connection therewith shall be included in the prices furnished.
B.0602-Independent Contractor – See Agreement
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B.0603-Superintendence
The Contractor shall give constant and efficient attention to the faithful and diligent prosecution of the Work
and during its progress shall be represented at all times at the site of the Work by a competent superintendent
acceptable to the City of Louisville. The Contractor shall, at the pre-construction conference, provide to the City
of Louisville a telephone number and/or paging number at which the Superintendent or its authorized
representative may be reached twenty-four (24) hours a day, seven (7) days a week throughout the duration of
the project.
B.0604-Assignment of Contract – See Agreement
B.0605-Contractor's Risks
The Work covered by this contract shall be at the risk of the Contractor in every respect, and it shall be
responsible therefore until it is completed and accepted. This responsibility shall include damages to and
loss of any material furnished and delivered by the City of Louisville for incorporation in the Work. By
receipt of said materials, the Contractor acknowledges that it has inspected same and that any damages
evident after receipt are Contractor's responsibility.
B.0606-Patented Devices
In case the Contractor shall make use of or employ any patented devices or appliances, either for
carrying on the Work or in connection with the material supplied, whether the terms of the specifications
require such to be used or not, it shall satisfy all claims or charges for lease, privilege, or royalty, and shall
at its expense defend the City of Louisville against any and all claims or suits which may arise from any
infringement of patent rights, and indemnify and save harmless the City of Louisville against any judgment of
recovery as a result thereof, and notwithstanding any approval of such devices or materials under Section
B.0902-Inspection.
B.0607-Working Hours of Contractor
The Contractor shall not perform work on this project outside the work hours of Monday through Friday from
7:00 am until 3:30 pm, and Saturday from 8:00 am until 5:00 pm without previous approval of the Public Works
Director or the City’s Project Manager.
B.0608-Contractor Not to Hire City of Louisville Employees
The Contractor shall not employ any City of Louisville employees without the written permission
of the City of Louisville. At any time City of Louisville employees are employed by Contractor, those
employees shall be under the exclusive control and direction of Contractor who shall be responsible for
all of employees’ compensation while working for Contractor.
B.0609-Subcontractors – Not Used
Subcontractors are not to be used on this project.
B.0610-Permits
The Contractor shall procure at its own expense, and in due time, all permits and licenses, of any
description, necessary for the construction and completion of the Work. The Contractor shall deliver to
the City of Louisville copies of all certificates of inspection for any part of the Work for which a
certificate may be required. If excavation should become necessary for any reason, the Contractor shall
also provide copies of all permits required by the City of Louisville for excavation.
B.0611-Laws and Ordinances
The Contractor agrees to accept and hereby accepts, full and exclusive liability for the payment of any and
all contributions or taxes for unemployment insurance or old- age retirement benefits, pensions or annuities
now or hereafter imposed by the Government of the United States or any state thereof, which are
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measured by the wages, salaries or other remunerations paid to persons employed by the Contractor on the
Work, and further agrees to comply with all administrative legislation respecting the assumption of
liability for the aforesaid contributions and further agrees to reimburse the City of Louisville for any of
the aforesaid taxes or contribution, which by law, the City of Louisville may be required to pay.
B.0612-Safety Requirements
The Contractor shall furnish and maintain at its own cost and expense and to the satisfaction of the City’s
Project Manager, all requisite watchmen, lights, barricades, safeguards, fences and other facilities for the
protection of the Work and safety of the general public and employees of the City of Louisville and of
the Contractor. Precaution shall be exercised at all times for the protection of persons and property.
The safety provisions of all applicable laws, building and construction codes shall be observed. This
provision does not relieve the Contractor's liability.
The Contractor shall have in its field office, or in a vehicle, which is always on the project site, a standard first
aid kit capable of servicing ten or more people. The Contractor should also hold weekly safety meetings,
and shall document such in writing. The City’s Project Manager or his representative, shall be allowed to
attend these meetings.
B.0613-Sanitary Facilities
The Contractor shall furnish and maintain suitable temporary sanitary facilities at the site for the needs of all
construction workers and others performing work on the project. All sanitary facilities shall be subject to
the approval of the Boulder County Health Department.
B.0614-Indemnification – See Agreement
B.0615-Patent and Copyright Indemnification
The Contractor shall indemnify, defend and hold harmless the City of Louisville and the City of Louisville’s
directors, officers, and employees, from and against any claim that the Contractor or Subcontractor owned
software, including software developed by the Contractor or Subcontractor under this Contract, which
infringes any U.S. patent or copyright. The Contractor shall pay any royalties and other costs related to the
settlement of such claim or any damages, including attorney’s fees, finally awarded as a result of any suit
based on such claim. The Contractor has the right to assume full control over any claim or litigation
proceeding. The City of Louisville shall promptly notify the Contractor of any such claim and shall give
the Contractor such assistance and information as is available to the City of Louisville for the defense of such
claim, and the City of Louisville will not settle or compromise any such claim without the Contractor’s prior
written consent.
If the use of the Contractor or Subcontractor owned software delivered under this Contract is enjoined as a
result of a suit based on any claim of infringement of a U.S. copyright or patent, the Contractor shall, at its sole
discretion and sole expense (i) negotiate a license or other agreement with the claimant so that the software
is no longer subject to such injunction, (ii) modify the software so that it becomes non-infringing, provided
such modification can be accomplished without materially affecting the performance of the software, (iii)
replace the software with non-infringing software of equal or better performance and quality, subject to the
prior approval of the City of Louisville, or (iv) refund the license fee paid by the City of Louisville, if any,
upon return of the infringing software.
B.0616-Ownership of Work Product – Not Used
B.0617-Sales and Use Taxes
All taxes that are lawfully assessed against the Contractor in connection with the Work shall be paid by the
Contractor. The contract prices for installation shall include all such taxes and the costs of all required
permits.
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All sales of construction and building materials for this project are exempt from sales and use tax. Such sales
and use taxes shall not be included in the contract prices. Contractor shall be responsible for obtaining
applicable certificates of exemption. A copy of the certificates shall be furnished to the City of
Louisville.
B.0618-Use of Colorado Labor
This contract is subject to the provisions of Colorado Revised Statutes C.R.S. § 8-17-101, which reads as
follows:
“Whenever any public works financed in whole or in part by funds of the state, counties, school districts, or
municipalities of the state of Colorado are undertaken in this state, Colorado labor shall be employed to
perform the work to the extent of not less than eighty percent of each type or class of labor in the several
classifications of skilled and common labor employed on such project or public works. “Colorado labor” as
used in this article means any person who is a resident of the state of Colorado, at the time of employment,
without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin,
ancestry, age, or religion except when sex or age is a bona fide occupational qualification.”
According to C.R.S. § 8-17-103, the penalty for violation of the above Statute is as follows: “Any officer or
agent of the state, counties, school districts, or municipalities of the state of Colorado or any contractor who
violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not
more than one year, or by both such fine and imprisonment.”
The Contractor will be required to submit to the City of Louisville, at the preconstruction
conference, a certified statement that it is able to and will comply with the above statute, and
Contractor shall comply with such requirement continuously for the term of this contract.
B.0619-Colorado Revised Statutes (Article 17) - Not Used
B.0620-Unlawful Employees, Contractors and Subcontractors – See Agreement
B.0621-Character of Workers
The Contractor shall at all times be responsible for the conduct and discipline of its employees. All workers
must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. Any
supervisor or worker employed by the Contractor who, in the opinion of the City of Louisville, does not
perform the Work in a skillful manner, or appears to be incompetent or who acts in a disorderly or in an
intemperate manner shall, at the written request of the City of Louisville, be discharged from the work site
immediately and shall not be employed again in any portion of the Work without the written approval of
the City of Louisville. Contractor shall use their Labor Recruitment Procedure to help find qualified
workers for this project. Reference Labor Recruitment Procedure on page 47 of “Exhibit B.”
B.0700-WORK BY OTHERS
B.0710-Rights of Various Interests
Wherever Work being done by the City of Louisville's forces is contiguous to the Work of this contract,
the respective rights of the various interests involved shall be established by the City of Louisville, to
secure the completion of this contract in general harmony with the activities of the City of Louisville.
B.0800-OWNER RESPONSIBILITIES Not-Used
B.0810-Responsibilities of the City of Louisville-Not Used
B.0900-Public Works Director OR HIS DESIGNEE’S STATUS
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B.0901-Authority of the Public Works Director
The Public Works Director is authorized to reject or condemn all Work or material which does not conform to
this contract. If any tools or equipment are inadequate for carrying out the Work, the Public Works
Director may require the removal of such equipment and the Contractor shall, without delay, substitute
satisfactory equipment therefore.
The Public Works Director will not be responsible for Contractor's means, methods, techniques, or procedures
of installation, or the safety precautions and programs incident thereto, nor will the Public Works Director be
responsible for Contractor's failure to perform the Work in accordance with the Contract Documents.
B.0902-Inspection
All Work and materials shall be at all times subject to the inspection, acceptance or rejection of the Public
Works Director or Project Representative. The Contractor shall give the Public Works Director reasonable
notice of starting any new Work and shall provide reasonable and necessary facilities for inspection even to
the extent of taking out portions of finished Work. Inspection shall not relieve the Contractor from any
obligation to construct the Work strictly in accordance with the project specifications.
B.1000-CHANGES IN WORK
B.1001-Change of Work
The City of Louisville shall have the right to make any changes that may be hereafter determined upon, in the
nature or dimensions of the Work, either before or after its commencement, and such changes shall
in no way affect or void the obligations of this contract. If such changes make any change in the cost of
Work, an equitable adjustment shall be made by the Public Works Director to cover same, but the Contractor
shall not claim compensation for anticipated profits. If such changes appreciably affect the cost of the
Work to the Contractor, it shall, before proceeding with the Work, so notify the Public Works Director in
writing, and the difference shall be equitably adjusted by the Public Works Director.
It is the Contractor's responsibility to notify its Surety of any changes affecting the general scope of the Work
or change in the Contract price and the amount of the applicable bonds shall be adjusted accordingly.
Contractor shall be responsible for furnishing proof of such adjustment to the City of Louisville.
B.1002-Extra Work
If any Work should be done or material provided which is not included in the contract, the Contractor
shall, upon the written order of the City of Louisville Public Works Director, do such extra Work, or
provide such extra material, by Agreement between Contractor and City of Louisville. Such extra Work
or material shall be paid for at the rate indicated below.
No bill or claims for extra Work shall be allowed or paid unless done or provided on written order from the
City of Louisville Public Works Director. Any claim for an increase in the Contract Price shall be based
on written notice delivered to the City of Louisville Public Works Director within fifteen (15) days of the
occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data
shall be delivered within forty-five (45) days of such occurrence unless the City of Louisville Manager
allows an additional period of time to ascertain accurate cost data.
Any such Work done or provided under this paragraph shall be covered, governed and controlled by all the
terms and provisions of this contract. The Contractor shall furnish the Public Works Director reports in the
number, form and detail prescribed by the Public Works Director for all extra Work done or material
provided. All equipment for extra Work shall be charged at a rate not to exceed that which is listed in the
“Contractor's Equipment Cost Guide” as published by Dataquest for the year the contract is executed
without any additional percentage. Material provided in conjunction with extra Work shall be paid for at
actual cost plus fifteen (15) percent except where a unit price was established in the original bid. Materials
provided which have an established unit price will be paid for at the unit price without any additional
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percentage. Labor costs shall be the actual salary plus overhead cost of all workmen used in direct
performance of the extra Work, plus fifteen (15) percent. Said payroll and equipment cost shall be
furnished to the City of Louisville, for approval, at the pre-construction conference.
B.1003-Decreased Work
If a modification decreases the amount of Work to be done, such decrease shall not constitute the basis for a
claim for damages or anticipated profits on Work affected by such decrease. Where the value of the omitted
Work is not covered by applicable unit prices, the City of Louisville Public Works Director shall
determine on an equitable basis the amount of (a) credit due the City of Louisville for contract Work not
done as a result of the authorized change, (b) allowance to the Contractor for any actual loss incurred in
connection with the purchase, delivery, and subsequent disposal of materials or equipment required for use
on the Work as planned and which could not be used in any part of the Work actually built, and (c) any
other adjustment of the contract amount where the method to be used in making the adjustment is not clearly
defined in the contract documents. Unless otherwise agreed upon by the City of Louisville and the
Contractor, when unit prices furnished do not apply, the credit due the City of Louisville for reductions in
the amount of Work to be done shall be the estimated field cost of the deleted Work using the same cost
criteria detailed in Section B.1002-Extra Work.
B.1004-Force Majeure
Neither the City of Louisville nor the Contractor shall be held responsible for any delay or failure in
performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike,
terrorism, embargo, civil or military authority, act of God, act or omission of carriers or similar causes
beyond its control (“force majeure conditions”). If any force majeure condition occurs, the party delayed or
unable to perform shall give immediate notice to the other party.
B.1100-CHANGES IN CONTRACT PRICE
B.1101-Contract Price
The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All
duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at its' expense
without change in the Contract Price.
B.1102-Change Order
The Contract Price may only be modified by a Change Order. Any claim for an increase in the Contract
Price shall be based on written notice delivered to the City of Louisville Manager in accordance with
Section B.1002-Extra Work. Any modification in the Contract Price resulting from any such claim shall be
incorporated in a Change Order.
B.1200-CHANGE IN THE CONTRACT TIME
B.1201-Work Completion Date
The “Work Completion Date” is an essential element of this contract. Every effort shall be made by the
Contractor to complete the project on or before the “Work Completion Date” shown in the Contract. The
“Work Completion Date” anticipates “normal” weather and climate conditions in the City of Louisville,
Colorado, during the times of year that the construction will be carried out. Extensions of time based upon
weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were
not “normal”, would not have been reasonably anticipated, and that such conditions adversely affected the
Contractor’s work and thus required additional time to complete the Work.
While extensions of time shall be granted for “abnormal” weather or climate conditions, no monetary
compensation shall be made by the City of Louisville for any costs to the Contractor arising out of such
delays, and Contractor hereby waives any and all claims to monetary compensation relating to “abnormal”
weather or climate conditions. The Contractor shall notify the City of Louisville, in writing, within fifteen
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(15) days of the commencement of what it considers to be an “abnormal” weather condition and its intent to
request an extension of time. The Contractor shall comply with the portions of these contract documents
relating to its project schedule and amendments thereto which result from the “abnormal” weather
condition.
B.1202-Liquidated Damages
Time is an essential condition of the Contract. Should Contractor fail to complete the Work by the “Work
Completion Date” as shown under section B.0202-Commencement of Contract Time, Contractor shall
pay to City of Louisville, as liquidated damages and not as a penalty, $400.00 per day of default unless the
Contract Time is extended by City of Louisville.
The City of Louisville shall have the right to deduct the liquidated damages from any money in its hands,
otherwise due, or to become due, to Contractor, or to sue for and recover compensation for damages for
nonperformance of this contract within time stipulated.
B.1300-WARRANTY AND GUARANTEE OF INSTALLATION
B.1301-Guarantee of Contractor
The Contractor shall be responsible for any leaks on meter connections and for damages caused by
improper installations and for any meter installed backwards for a period of one year after installation of
the meter.
The Contractor shall also guarantee all other Work and materials for a period of one (1) year after the date
of acceptance by the City of Louisville. Contractor’s guarantee will not supersede manufacturer’s
warrantees on AMR equipment and water meters for material workmanship, quality and accuracy. Any
manufacturer’s warranty is the property the City. Any defect due to defective work or materials within
the aforesaid period shall be repaired or replaced, upon notice from the City of Louisville, by the
Contractor at its own cost and expense.
In the event there is trouble of any type with Work included in the scope of this contract during the one (1)
year warranty period, it must be promptly repaired, corrected, or otherwise resolved by the Contractor at
its expense to the satisfaction of the City of Louisville at no cost to the City of Louisville. All Work
covered by the Warranty shall be completed by the Contractor. If this is not possible due to the
Contractor’s workload or the Contractor being unavailable at the exact time needed, the City of Louisville
would then prefer that the Contractor’s appointed representative complete the Work required. The
Contractor's appointed representative must be approved in advance by the City of Louisville in writing.
The City of Louisville should also be informed in writing of where this representative can be contacted.
If for some unforeseen reason the Contractor is unavailable and its appointed representative is unavailable
when a problem must be taken care of, the City of Louisville then reserves the right to proceed with either
one of the following procedures outlined below.
1. The City of Louisville may contact another contractor, of its choice and request that he complete the
Work involved. This contractor will then bill the City of Louisville which in turn the City of Louisville
will bill the original Contractor whose warranty should cover this Work.
2. If the City of Louisville has the time, men, and equipment available, it may complete the Work and
in turn bill the Contractor for all expenses incurred by the City of Louisville.
A service charge of twenty-five (25) percent will be added to the expenses involved in each of the
procedures explained above.
B.1302-Defective Work
The Contractor shall remove, at its own expense, any Work condemned by the Public Works Director and
shall rebuild or replace the same without extra charge. Any omissions or failure on the part of the Public
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Works Director to disapprove or reject any Work or material shall not be construed to be an acceptance of
any defective Work or material.
B.1303-Acceptance
The Work shall be inspected by the City’s Project Manager for final acceptance by the City of Louisville
promptly upon receipt of written notice from the Contractor that the Work is ready for such inspection.
Any of the Work not accepted by the City of Louisville will be properly completed or corrected by the
Contractor, and a new written notice will be delivered to the Public Works Director from the Contractor
stating that the Work is ready for re-inspection for final acceptance.
The Contractor shall be required to furnish to the City of Louisville, prior to the City of Louisville
advertising for release of retainage, a letter stating that all work completed on this project was constructed
in accordance with the contract documents.
B.1400-PAYMENTS
B.1401-Payments and Notice of Settlement – See Agreement
The contractor shall provide with each monthly invoice a report showing work completed for the month
by location, any unresolved problems from previous work, and projected duration of work needed to
complete project.
B.1402-Quantities – See Agreement
B.1403-Withholding of Payment
The City of Louisville shall have the right to withhold out of any payments, final or otherwise, such sums as
the City of Louisville may deem ample to protect it against any claim, delay or loss. The City of Louisville
may exercise its right in the following situations:
A. If the Contractor fails to meet and pay all of its just obligations outstanding for labor, materials or
supplies at the time when an estimate for payment is due it.
B. If any liens, claims or demands arising out of or in connection with the Work or its performance
shall be outstanding at the time any payment is due or is likely to be made thereafter.
C. If the Contractor is not proceeding with the Work in accordance with the provisions of this contract.
D. If the Contractor fails to fully comply with any requirements of this contract.
In order to assure payment of just claims, the City of Louisville, as agent for the Contractor, may apply such
sums in a manner that the City of Louisville deems proper to satisfy such claims. Such applications shall be
deemed payments for the Contractor's account.
The City of Louisville shall also have the right to apply any sum due or to become due the Contractor
under this contract in payment of any liabilities of the Contractor, or of any Subcontractor, to the City of
Louisville for freight charges, rental of equipment, furnishing labor, materials or supplies, or any other
charges originating from this contract.
B.1500-SUSPENSION OF WORK AND TERMINATION
B.1501-Failure of Performance by the Contractor
If the Contractor, in the opinion of the City of Louisville, shall at any time fail to comply with any provision
of this contract, the City of Louisville Public Works Director may, at its option, notify the Contractor in
writing to remedy such failure. If the Contractor, at the end of five (5) days after such notice, fails to comply
therewith, the City of Louisville may, at its option, terminate the employment of the Contractor under this
agreement and re-let the whole or any part of the unfinished Work without notice to the Contractor, or may
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take possession of the Contractor’s materials and equipment located on the premises, and employ such forces
as may be necessary to finish all or any part of the Work. In case the whole or any part of the Work is re-let as
provided herein, the Contractor shall be charged the full cost to the City of Louisville of the work performed
under the new contract and shall be credited with the amount that the City of Louisville would have paid
the Contractor for said Work under this contract. In case the City of Louisville undertakes the completion
of the whole or any part of the Work, the Contractor shall be charged with the direct cost thereof to the
City of Louisville plus twenty-five (25) percent for overhead expenses, and shall be credited with the
amount the City of Louisville would have paid the Contractor for said Work. In either case, the
Contractor shall not receive further payment until the Work is finished. If the amount credited to the
Contractor exceeds the amount charged, the difference shall be paid by the City of Louisville to the
Contractor, or if the amount charged to the Contractor exceeds the amount credited, the Contractor shall pay
the difference to the City of Louisville. The option herein provided for the City of Louisville shall not be
exclusive of, but rather is in addition to, any other remedies, including the City’s rights under Section 12
of the Agreement.
B.1502-Annulment Without Fault of Contractor - Not Used
B.1600-MISCELLANEOUS
B.1601-Notice - Not Used
B.1602-Salvage
All salvage shall belong to the City of Louisville. The Contractor shall, at the discretion of the City of
Louisville Project Representative, haul the salvage to the City of Louisville's storage yards, and unload it in
places determined by the City of Louisville's Project Representative. Salvage may be taken to the storage
yards between 8:00 AM to 11:30 AM or between 12:00 PM to 3:30 PM on any normal working day. Any
material not salvaged by the City of Louisville shall be disposed of, at the expense of the Contractor, in a
safe and legal manner.
B.1603-Normal Work Day of City of Louisville
Normal working hours are 7:00 a.m. to 3:30 p.m., Monday through Friday, exclusive of holidays. Holidays
recognized by the City of Louisville are New Year’s Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas
Day. When the holiday occurs on a Saturday, it is observed on the preceding Friday, and when the holiday
occurs on a Sunday, it is observed on the following Monday. Any overtime, or work on recognized holidays,
by City of Louisville personnel, which results from the Contractor’s activity, shall be paid by the
Contractor at the standard overtime rate as set by the City.
B.1604-Equipment and Labor Rate Schedule – Not Used
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City of Louisville Meter Replacement and AMR Specifications
Index to Material Specifications
SECTION # SECTION NAME PAGE #
C.0100 General Specifications With Related Costs 28
C.0200 Compatibility 30
C.0300 Multi-Vendor Reading System (MVRS) Software 30
C.0400 Contractor Training 30
C.0500 Mobile Collector 30
C.0600 Meter Transmitter Units (ERT) 30
C.0700 Water Meters 31
C.0710 Positive Displacement Water Meters 3/4” and 1” 31
C.0720 Positive Displacement Water Meters 1 1/2” and 2” 32
C.0730 Turbine Water Meters 1 1/2” through 6” 33
C.0740 Compound Water Meters 2” through 6” 35
C.0750 Meter Pit Lids 37
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AMR Material and Installation Specifications and Costs
C.0100-General Specifications
The Contractor agrees to furnish a Drive by Meter Reading system consisting of the following
components with associated costs.
Estimated Price
Itron System Extension
Meter Qty Each
Itron Mobile Bundle
Price
MVRS Route Management Software 1 includes all
FC200 Handheld 1 materials
1 listed
FC200 Desk dock 1
On Site Training (3 Days) 1 $13,500.00
Mobile Light Receiver 1 $13,500.00
Estimated
Water Meters
Meter Qty
AMCO C700 Positive Displacement
3/4" Water Meter with Invision Encoded 6,233 $75.90 $473,084.70
Register
AMCO C700 Positive Displacement
1" Water Meter with Invision Encoded 182 $99.00 $18,018.00
Register
AMCO C700 Positive Displacement
1-1/2" Water Meter with Invision Encoded 145 $278.14 $40,330.30
Register
AMCO C700 Positive Displacement
2" Water Meter with Invision Encoded 90 $366.67 $33,000.30
2 Register
AMCO T4000 Turbine Water Meter
1-1/2" 1 $639.48 $639.48
with Encoded Register
AMCO T4000 Turbine Water Meter
2“ 7 $656.00 $4,592
with Encoded Register
AMCO T4000 Turbine Water Meter
3" 0 $845.00 $0.00
with Encoded Register
AMCO T4000 Turbine Water Meter
4" 0 $1,079.10 $0.00
with Encoded Register
AMCO T4000 Turbine Water Meter
6" 0 $1,919.50 $0.00
with Encoded Register
AMCO C4000 Compound Meter
2" 0 $1,210.00 $0.00
with Encoder Register and ERT
AMCO C4000 Compound Meter
3" 15 $1,551.00 $23,265.00
with Encoder Register and ERT
AMCO C4000 Compound Meter
4" 2 $2,156.00 $4,312.00
with Encoder Register and ERT
AMCO C3000 Compound Meter
6" 1 $3,295.00 $3,295.00
with Encoder Register and ERT
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Itron
3 60W Itron 60W ERT Module 6,668 $47.75 $318,397.00
ERT
Meter Installation
Installation & material to replace
3/4" existing Water Meters with AMR 5,415 $49.00 $265,335.00
Meter and Itron 60W Module
Installation & material to replace
1"thru
existing Water Meters with AMR 339 $69.00 $23,391.00
2”
Meter and Itron 60W Module
Installation & material to replace
3" existing Water Meters with AMR 10 $300.00 $3,000.00
Meter and Itron 60W Module
Installation & material to replace
4" existing Water Meters with AMR 1 $400.00 $400.00
Meter and Itron 60W Module
Installation & material to replace
4
6” existing Water Meters with AMR 0 $600.00 $0.00
Meter and Itron 60W Module
3/4" thru
Pit Installations 896 $37.00 $33,152.00
2"
Installation & material to replace
3" existing Water Meters with AMR 5 $105.00 $525.00
Meter and Itron 60W Module
Installation & material to replace
4" existing Water Meters with AMR 1 $105.00 $105.00
Meter and Itron 60W Module
Installation & material to replace
6" existing Water Meters with AMR 1 $105.00 $105.00
Meter and Itron 60W Module
Misc.
Estimated Price
Equipment Extension
quantity Each
Meter pit lids 900 $16.50 $14,850.00
Meter pit 3” frost lids 900 $3.60 $3,240.00
Total project costs for installation and meter materials = $1,276,536.78
This material will be referred to as AMR Material. The Contractor also agrees to furnish the AMR
Material required by the City of Louisville in the sizes, prices, and quantities listed above in the
“Material and installation specifications and costs” section for the duration of the Contract period.
The City of Louisville agrees to purchase meters and AMR Material required for the installation
portion of the Contract from the Contractor. It is not intended that the quantities shown in the “Material and
Installation Specifications and Costs” be the final quantities, but that the final quantities will be based
upon actual quantities required for installation, and by quantities best fitting the City of Louisville’s
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needs. Prices for the Itron ERT Modules, Amco water meters and installation fees will be guaranteed for
12 months from the date at which the contract is signed.
The City of Louisville at its sole discretion may decide to install all or a portion of the meters and AMR
equipment in meter pits and/or inside installations. The Contractor will allow the City to use their
Motorola MC75 handhelds for data acquisition at a monthly fee of $75 per hand held device per month
for AT&T services, if the City decides to install the meters and AMR equipment in meter pits and/or
inside installations. The City of Louisville will also be responsible for any damages caused by their staff
and will be billed at actual costs up to the replacement of an MC75 at $3,500.00 each. The City may also
use the services of the contractor’s call center at a negotiated price per inside meter installation.
Installation means all labor, equipment, tools and supplies needed to complete full installation of the
water meters and AMR equipment by the Contractor to place the same in full working condition.
Installation shall be done as referenced in the “Water Meter Installation Manual” starting on page 41 of
“Exhibit B”.
All goods shall remain the property of the Contractor until delivered to and accepted by the City of
Louisville.
The City of Louisville certifies that the material covered by this Contract is for its exclusive use in its
official capacity and that it is exempt from Federal excise taxes and State and County sales and use
taxes. Certificate(s) available upon request.
C.0200-Compatibility: The AMR System shall be an Itron walk-by/drive-by system as manufactured
and sold by Itron, Inc. All materials furnished for this project shall be compatible with or work in
conjunction with the Itron system.
C.0300-Multi-Vendor Reading System (MVRS) Software: The MVRS Software shall be compatible
for use with the 60W ERTs and AMCO C700 Water Meters.
C.0400- Contractor Training: The Contractor’s certified training personnel shall set-up and test the
MVRS software system at the City’s designated location.
Upon successful completion of the set-up, the Contractor’s certified training personnel shall provide a
minimum of three (3) days training for the City’s IT and Finance Department’s Utility Billing staff on the
operation of the software system.
Training shall include training of field technicians on the installation of field transmitters.
Initial configuration and the initial test are the complete responsibility of the Contractor. Follow-up
training shall be made available.
C.0500-Mobile Unit: The City of Louisville mobile unit shall be the Itron Mobile Collector Light
manufactured by Itron supplied with the portable mount kit for multiple vehicle use.
C.0600-ERT Modules: The ERT Modules shall be 60W modules manufactured by Itron. The Itron
60W ERT Module can be installed either inside or outside in a “pit” environment.
WARRANTY 60 W ERT MODULES:
Itron’s warranty on the 60W-series Water Endpoints (ERT module including battery) include a ten (10)
year full replacement warranty and prorated product replacement discounts in years eleven (11) through
twenty (20) as documented below. Year discount from Itron’s then current price are as follows:
• 11 through 15 years = 50%
• 16 through 20 years = 25%
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In lieu of repair or replacement of a 60W-series Water Endpoint that qualifies under warranty terms, Itron
will sell an equivalent replacement endpoint to customer in accordance with the discount schedules as
outlined above. The City will return the defective endpoints to Itron. The City is responsible for any
charges related to uninstalling and reinstalling endpoints and all freight charges associated with shipment
of defective and replacement endpoints. Replacement endpoints shall be covered for the warranty period
remaining on the endpoints that are replaced.
C.0700-WATER METERS
C.0710-Water Meters 3/4” and 1” Piston type
General: All meters shall comply with AWWA standard specifications for cold water meters
C700-02 or latest revision thereto, except as herein modified.
Affidavit of Compliance: The manufacturer shall test each meter in accordance with the
AWWA Procedure for Testing Cold Water Meters C702-01 or latest revisions thereto. Each
meter shall be tested at the specified maximum, intermediate, and minimum rates of flow and
shall be within the recommended accuracy limits for new meters. The manufacturer shall
submit an affidavit of compliance and certificate of testing for accuracy and capacity of each meter
provided to the City of Louisville.
Construction Features: Meters shall have hermetically sealed registers with magnetic driver
and be the nutating disc or oscillating piston type.
Laying Length: All 3/4” meters shall have a laying length of 7 1/2” and all 1” meters shall have a
laying length of 10 3/4”.
Main Casing: The casing shall be brass and of the frost protection design for 3/4”, and 1” meters.
Metallic frost bottoms shall be protected from corrosion by an inner lining or coating. All main
case bolts must be of 300 series non-magnetic stainless steel.
Register: Registers shall be the AWWA standard straight-reading registers in gallons. The
register sweep (gallons) hand shall be painted in red. Numerals shall be black with a white
background. Register box screws shall be drilled for wire seals 3/32" in diameter. The register
shall be hermetically sealed. The register shall be oriented for reading from the inlet side.
Electronic Encoded Registers (EER): All meters must be equipped with a factory installed
electronic encoder that shall operate under at least ten (10) feet of water. All reading/sending units
must be compatible for touch read, telephone, cellular phone and radio frequency meter reading
technology.
Register Box Rings and Lids: May be constructed with materials as specified in Section 4.1.3 of
C-700-02, or latest revision thereto.
Serial Numbers: The manufacturer's meter serial number shall be imprinted on BOTH THE
OUTER CASE AND THE REGISTER BOX LID.
Frost Bottom: All meters with frost bottoms shall be protected from corrosion by the inner liner
or coating as approved by the City of Louisville.
Accessories: The size, model and direction of flow through the meter shall be cast in the
outer cases of all meters.
Pressure Requirements: Meters supplied under this specification shall operate without leakage or
damage to any part at a working pressure of 150 psi.
Warranties: Meters shall be guaranteed to be free from defects in materials and workmanship for
a period of 18 months after shipment, or 12 months after installation, whichever occurs first.
Structural integrity of meter main cases shall be guaranteed for 1 year from date of shipment.
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Meters will meet accuracy standards of AWWA C701, most recent revision, for 5 years from the
date of shipment. Sealed registers shall be guaranteed for a period of fifteen years of actual
usage. Any parts found defective within the guarantee period shall be replaced without charge
upon proper proof of such defect and their return to the manufacturer. All parts should be
accurately machined to true and accurate gauges, permitting complete interchangeability of
parts. All meters or parts which fail to meet all requirements of these specifications or are in
any way defective will be returned to the manufacturer at no expense to the City of Louisville.
Rejected meters: Contractor shall, at its expense, replace or satisfactorily correct all meters
rejected for failure to comply with specifications.
Miscellaneous : Contractor (supplier) shall furnish one copy each of shop drawings, 12-
month guaranteed price listing of meters and replacement parts, material specifications, and
operation-maintenance manuals.
Contractor shall submit the following information:
1) Type and model of meter, 2) Net weight, 3) nutations per gallon, 4) pressure loss, accuracy
charts and factory performance results 5) copy of meter guarantee, 6) 12 month guaranteed
price listing of meters and replacement parts.
The following 3/4" and 1" water meters are approved by the City of Louisville:
• AMCO C700
• or City of Louisville approved equal.
C.0720-Water Meters 1 1/2” and 2” piston type
General: All meters shall comply with standard specifications for cold water meters C700-02, or
latest revision thereto, except where herein modified.
Affidavit of Compliance: Each meter shall be tested in accordance with the AWWA Procedure
for Testing Cold Water Meters C702-01 or latest revisions thereto. Each meter shall be tested
at the specified maximum, intermediate, and minimum rates of flow and shall be within the
recommended accuracy limits for new meters. The Contractor shall submit an affidavit of
compliance and certificate of testing for accuracy and capacity of each meter to the City of
Louisville.
Construction Features: Meters shall have hermetically sealed registers with magnetic driver
and be the nutating disc or oscillating piston type.
Laying Length: All 1 1/2” meters shall have a laying length of 13”, and all 2” meters shall
have a laying length of 17”.
Main Casing: The casing shall be of split case design or City of Louisville approved equal. All
main case bolts must be of 300 series non-magnetic stainless steel.
Register: Registers shall be the AWWA standard straight reading register in gallons. The
register sweep (gallons) hand shall be painted in red. Numerals shall be black with a white
background. Register box screws shall be drilled for seal wires 3/32” in diameter. The
register shall be hermetically sealed. Register shall be oriented for reading from the inlet side.
Electronic Encoder Registers (EER): All 1-1/2” and 2” meters must be equipped with a factory
installed electronic encoder that can operate under a minimum of ten (10) feet of water. All
reading units must be compatible with touch read, telephone, cellular phone and radio frequency
meter reading technology. All EER sending units must include twenty (20) feet of 3-wire
cable for initial meter pit touch read operation.
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Register Box Rings and Lids: May be constructed with materials as specified in Section 4.1.3 of
C-700-02, or latest revision thereto.
Serial Number: The manufacturer's meter serial number shall be imprinted on BOTH THE
OUTER CASE AND THE REGISTER BOX LID. BOTH IMPRINTINGS ARE NECESSARY.
Accessories: The size, model and direction of flow through the meter shall be cast in the
outer cases of all meters.
Pressure Requirements: Meters supplied under this specification shall operate without leakage or
damage to any part at a working pressure of 150 psi.
Warranties: Meters shall be guaranteed to be free from defects in materials and workmanship for
a period of 18 months after shipment, or 12 months after installation, whichever occurs first.
Structural integrity of meter main cases shall be guaranteed for 1 year from date of shipment.
Meters will meet accuracy standards of AWWA C701, most recent revision, for 5 years from date
of shipment. Sealed registers shall be guaranteed for a period of ten years of actual usage.
Any parts found defective within the guarantee period shall be replaced without charge upon
proper proof of such defect and their return to the manufacturer. All parts should be
accurately machined to true and accurate gauges, permitting complete interchangeability of
parts. All meters or parts which fail to meet all requirements of these specifications or are in
any way defective will be returned to the manufacturer at no expense to the City of Louisville.
Rejected Meters: The Contractor shall, at no expense to the City of Louisville, replace or
satisfactorily correct all meters rejected for failure to comply with this specification.
Miscellaneous : Contractor (supplier) shall furnish one copy each of shop drawings,12-month
guaranteed price listing of meters and replacement parts, material specifications, operation-
maintenance manuals.
Contractor shall submit the following information:
1) Type and model of meter, 2) Net weight, 3) nutations per gallon, 4) pressure loss, accuracy
charts and factory performance results 5) copy of meter guarantee, 6) 12- month guaranteed
price listing of meters and replacement parts.
The following 1-1/2" and 2" water meters are approved by the City of Louisville:
• AMCO C700
• or City of Louisville approved equal.
C.0730-Water Meters 11/2” , 2”, 3”, 4” and 6” Turbine Meters
General: All meters shall comply with standard specifications for cold water meters C700-02, or
latest revision thereto, except where herein modified.
General Description: Meters furnished under these specifications shall be the product of a
manufacturer with at least ten (10) years experience in meter manufacturing for the American
market. Meters shall be new, first line quality, turbine type for cold-water service.
Meter sizes shall be inclusive and shall comply with the Class II AWWA Standard C701 latest
revision and the minimum specifications herein. They shall be designed for use with potable water
below 120 degrees F.
Registration Accuracy: All meters shall meet the following flow requirements:
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AMCO T4000 Turbine Meters
Min Flow Normal Flow GPM Continuous Flow Lay
Size Weight
GPM @ 95% 98.5%-101.5% GPM Length
1 1/2” 3 3-400 220 10" 22-1/2#
2" 3 3-400 220 10" 24#
3" 4 7.5-900 600 12" 37-1/2#
4" 7 7.5-1500 1200 14" 51#
6" 15 13-3100 2500 18" 101-1/2#
Main Cases: The body main case shall be of bronze composition of a high tensile strength on 1
1/2"- 6" sizes and epoxy coated cast iron on 8"-12" sizes and be capable of resisting distortion
under pressure up to one hundred and fifty (150) pounds per square inch. All meters shall have
the size and direction of flow indicated on the case and shall be designed for easy removal of all
interior parts without disturbing the connections to the pipeline.
Register Housings: The register housing shall be constructed of (a suitable engineering polymer)
(bronze) and provide full protection of the register assembly. Register assemblies shall be secured
to the main case in a tamper resistant fashion to prohibit unauthorized removal. Seal screws,
tamperproof screws, or locking devices are acceptable.
Measuring Chambers: The measuring elements or chambers for all meters shall be of copper
alloy containing not less than 81% copper or of suitable engineering polymer and shall be separate
from the case and easily detached and removed therefrom.
Rotor spindles shall be of tungsten carbide steel supported by radial bearings made of PTFE or
graphite compounds. Replaceable thrust bearings shall be provided.
Rotors: The measuring impellers, vanes or rotors for all meters shall be polypropylene, nylon,
hard rubber or other suitable engineering polymer and shall be mounted on a horizontal axis in the
center of the measuring element with rotations of the turbine transmitted to the register by means
of magnets.
Straightening vanes of corrosion resistant material as required shall precede the rotor.
Strainers: Meters shall be provided with separate external bronze case strainers of the stainless
steel plate type on sizes 2"- 6" sizes and cast or galvanized iron on 8" - 12" sizes. They shall be
rigid, easily removable, and have an effective straining area at least double that of the meter main
case inlet. Strainer connections shall conform to the main case and shall be accompanied by
gaskets, bolts and nuts.
Warranties: Meters shall be guaranteed to be free from defects in materials and workmanship for
a period of 18 months after shipment, or 12 months after installation, whichever occurs first.
Structural integrity of meter main cases shall be guaranteed for 1 year from date of shipment.
Meters will meet accuracy standards of AWWA C701, most recent revision, for 5 years from date
of shipment.
Sealed registers shall be guaranteed for a period of ten years of actual usage. Any parts found
defective within the guarantee period shall be replaced without charge upon proper proof of
such defect and their return to the manufacturer. All parts should be accurately machined to
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true and accurate gauges, permitting complete interchangeability of parts. All meters or parts
which fail to meet all requirements of these specifications or are in any way defective will be
returned to the manufacturer at no expense to the City of Louisville.
Rejected meters: Contractor shall, at their expense, replace or satisfactorily correct all meters
rejected for failure to comply with specifications.
Miscellaneous : Contractor (supplier) shall furnish one copy each of shop drawings,12-month
guaranteed price listing of meters and replacement parts, material specifications, operation-
maintenance manuals.
Contractor shall submit the following information:1) Type and model of meter, 2) Net weight,
3) nutations per gallon, 4) pressure loss, accuracy charts and factory performance results 5)
copy of meter guarantee, 6) 12 - month guaranteed price listing of meters and replacement parts.
The following 11/2”, 2”, 3”, 4” and 6" Turbine type water meters are approved by the City of
Louisville:
• AMCO T4000
• or City of Louisville approved equal.
C.0740-Water Meters 2”, 3”, 4” and 6” Compound Meters
General Description: Meters combining turbine and displacement meters furnished under these
specifications shall conform to AWWA C702 latest revision and the minimum specifications
herein. Meters shall combine a main line meter of the Class II turbine type for measuring high
rates of flow with a bypass meter of the positive displacement type for measuring low rates of
flow. Meters shall have an automatic valve mechanism, which diverts low rates of flow through
the bypass meter. They shall be designed for use with potable water below 120 degrees F.
Operating Characteristics and Dimensions: Meter sizes, capacities and pressure losses shall
conform to Table 1 of AWWA Standard C702, most recent revision. The main case lengths shall
not exceed those reflected in Table 2 of AWWA Standard C702, most recent revision.
Registration Accuracy: All meters shall meet the following flow requirements:
AMCO C4000 Compound Meters
Min Flow Normal Flow GPM Continuous Flow Lay Strainer
Size
GPM @ 95% 98.5%-101.5% GPM Length Length
2" 1/8 1-220 160 15-1/4" 5”
3" 1/8 1-900 325 17" 6”
4" 1/8 1-1100 575 20" 7.5”
6” 3/4 1-2500 1560 24” 9”
Minimum accuracy through changeover shall be no less than 97% of actual throughput.
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Main Cases: The body main case shall be of bronze composition on 2" through 6" models and
epoxy coated cast iron on 8" models and be capable of withstanding pressure of one hundred and
fifty (150) psi. Outer cases shall permit separate removal of measuring chambers. Meters shall be
designed for easy removal of all interior parts without disturbing the connections to the pipeline.
Valves: Automatic valves shall be as specified in Section 2.10 of the AWWA Standard.
Spring-loaded valves shall be a Poppet-type suitable for such purpose. Spring tension shall offer
sufficient resistance to the incoming water to divert all small rates of flow through the bypass
meter until such time as the pressure loss is great enough to ensure efficient operation of the main
measuring section.
Spring loaded valves shall have components made of the following or approved equal: Valve
cages shall be of copper alloy, springs and screws of stainless steel, and spindles and cones of
suitable engineering polymer. Spring-loaded valves shall be self-flushing and fast opening and
closing.
Spring loaded valves shall be easily detached and removed from the case.
Lever valve assemblies are acceptable if the manufacturer can assure an accuracy level of at least
97% at changeover.
Register Housings: The register housing shall be constructed of (a suitable engineering polymer)
(bronze) and provide full protection of the register assembly. Register assemblies shall be secured
to the main case in a tamper-resistant fashion to prohibit unauthorized removal. Seal screws,
tamperproof screws, or locking devices are acceptable.
Measuring Unit Assemblies: Measuring chambers and cages shall be bronze or suitable
engineering polymer. They shall be easily detached and removed from the case. Rotor spindles
shall be of tungsten carbide steel supported by PTFE or graphite radial bearings. Replaceable
thrust bearings shall be provided. The main line and bypass chambers shall be interchangeable in
all meters of the same size and model. Intermediate gear trains shall be made of non-corrosive
materials or synthetic polymer. The bypass chamber assemblies shall be positive displacement
type and shall not be cast as part of the outer case.
Strainers: Meters shall be provided with separate external bronze case strainers of the stainless
steel plate type on 2"- 6" sizes and cast iron on 8" sizes. They shall be rigid, easily removable,
and have an effective straining area at least double that of the meter main case. Strainer
connections shall conform to the main case and shall be accompanied by gaskets, bolts and nuts.
Connections and Companion Flanges: Main case connections shall be as shown in Table 4 of the
AWWA Standard and shall be accompanied by companion flanges, gaskets, bolts and nuts of the
same size as shown in Table 4 of the AWWA Standard.
Warranties: Meters shall be guaranteed to be free from defects in materials and workmanship for
a period of 18 months after shipment, or 12 months after installation, whichever occurs first.
Structural integrity of meter main cases shall be guaranteed for 1 year from date of shipment.
Meters will meet accuracy standards of AWWA C701, most recent revision, for 2 years from date
of shipment.
Sealed registers shall be guaranteed for a period of ten years of actual usage. Any parts found
defective within the guarantee period shall be replaced without charge upon proper proof of
such defect and their return to the manufacturer. All parts should be accurately machined to
true and accurate gauges, permitting complete interchangeability of parts. All meters or parts
which fail to meet all requirements of these specifications or are in any way defective will be
returned to the manufacturer at no expense to the City of Louisville.
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Rejected meters: Contractor shall, at their expense, replace or satisfactorily correct all meters
rejected for failure to comply with specifications.
Miscellaneous : Contractor (supplier) shall furnish one copy each of shop drawings, 12-
month guaranteed price listing of meters and replacement parts, material specifications, and
operation-maintenance manuals.
Contractor shall submit the following information:1) Type and model of meter, 2) Net weight,
3) nutations per gallon, 4) pressure loss, and accuracy charts and factory performance
results 5) copy of meter guarantee, 6) 12- month guaranteed price listing of meters and
replacement parts.
The following 2”, 3”, 4” and 6" compound water meters are approved by the City of
Louisville:
• AMCO C4000
• or City of Louisville approved equal.
C.0750- Meter Pit Lids
Meter pit lids shall be Nicor #125-PWATH, #1325-WATH-COMCO, #1225-PWAT-TYPE A plastic lids
or other City approved alternative composite type lid. Meter pit lids shall be supplied with standard
pentagon head locking screws of silicon bronze, high strength yellow brass, hard plastic or stainless steel
(Water Works standard -27/32” small size) with worm locking assembly. Meter pit lids shall meet
AASHTO H5-20 wheel loading specifications. Alternate manufacturers will be considered for plastic
products, however, it will be necessary for the Contractor to submit detailed drawings and material
specifications as outlined above for the City of Louisville’s approval.
LOADING INSTRUCTIONS
All meter pit lids shall be palletized on trucks or flat bed trailers for commercial shipments and
shall be suitable for unloading by means of a forklift truck.
Shipping Instructions
All materials purchased shall be delivered to the City of Louisville’s Public Works Shop,
1600 Empire Road, City of Louisville, Colorado, or locations in City of Louisville specified
in writing by the City of Louisville. The City of Louisville reserves the right to issue complete
routing instructions for shipments. Contractors must notify the City of Louisville at 303.335.4756
at least 16 hours prior to delivery. No shipments accepted after 3:00 p.m., holidays or weekends,
unless requested by the City of Louisville.
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SPECIFICATIONS FOR AUTOMATED METER READING INSTALLATION
Contractor shall perform the services identified in these specifications to provide an Automated Meter
Reading (AMR) system to the City of Louisville.
D.0100-SCOPE OF WORK
Contractor is to install an Itron walk-by/drive-by Automated Meter Reading (AMR) system with meter
change-out of designated meters in the designated areas of the City of Louisville. The total system
deployment is approximately 6,700 water meters including Itron ERT Modules to be completed by July
31, 2010. The agreement will be in effect until September 1, 2010.
As a part of this Work the Contractor will:
• Change-out water meters in the designated areas in the manner specified in the Water Meter Installation
Manual set forth within this Exhibit B such that when the project is completed all meters within the
designated areas will be equipped with AMR registers.
• Install Itron 60W ERT Modules within the designated areas.
• Install Itron MVRS Software, Itron FC200 handheld, and Itron Mobile Light Drive-By
solution.
• Train an appointed City of Louisville staff member on Itron MVRS and complete Itron Meter
Reading System.
• Perform other services as required to complete the project and ensure operation of the Itron Meter
Reading System.
D.0200-PUBLIC RELATIONS AND CUSTOM SERVICES
Contractor shall staff and present two City open houses to explain the work being completed and answer
questions. Contractor will work in cooperation with City staff to determine time and place for the open
houses. No additional compensation will be due the Contractor for attending the two open houses.
Contractor shall also provide customer service opinion cards to all customers that have new AMR
equipment installed.
D.0300-CONTRACTOR RESPONSIBILITIES
Contractor shall provide a complete Itron Meter Reading System, AMR system in accordance with the
Pricing Schedule and shall perform the following tasks to the extent they are part of the AMR Installation:
D.0301-Administration
Item Description
Contractor will attach “Material and InstallationContractor will support all requirements outlined in the
1. Specifications and Costs” table to accommodate all“Material and Installation Specifications and Costs”
individual requirements identified in the Contract. table.
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Contractor will work closely with the City of Louisville
and the City of Louisville’s representatives in the
project planning process to develop detailed schedules
for the implementation of AMR and all related AMR
components in the designated areas for AMR
implementation, including but not limited to the
following:
Implementation plans and detailed schedules will
2. Project Planning consider current City of Louisville meter reading
routes, reading schedules and intervals, billing
schedules and intervals, meter makes and inventories,
interface requirements, equipment warehousing, and
tracking for all AMR related activities and schedules.
Particular attention and planning will surround the
handling of meter reading routes within the reading and
billing window.
Contractor will provide to the City of Louisville
electronic updates to an agreed upon status format that
will track daily / weekly progress on all AMR
implementation project activities, problems and
inventories. Additionally, Contractor shall prepare a
project schedule for all work included in the contract.
Weekly schedules shall be supplied forty eight hours in
advance showing anticipated work locations, and
3. Status Scheduling & Reporting
number contractor workers.
Contractor shall report on activities including tracking
replacement by property, by route, problem meters, and
required activities to resolve, testing activities, etc.
Contractor will be required to update meter inventory
and related data elements electronically on a daily
basis.
Contractor will participate in regularly scheduled
recurring status meetings to update the City of
4. Status Meetings Louisville representatives on implementation activities,
status, budget, and any issues encountered since the last
status meeting / report.
Contractor will work with the City of Louisville to
develop appropriate unit and parallel testing plans to
ensure that AMR readings and the readings on the
5. Test plan development and result certification. meters match, and resultant AMR generated bills
match to current bills being generated from the manual
reading process.
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Contractor pricing includes any and all travel, lodging
and miscellaneous costs associated with the acquisition,
Travel and lodging expenditures included in proposed installation and implementation of AMR project.
6. pricing.
Contractor will not be submitting additional expense
invoices to the City of Louisville.
D.0302-Services / Installation
Item Description
Contractor will work with the City of Louisville,
and the City of Louisville’s Enterprise or ADG
Capture of required meter, MIU, and AMR related data
1. billing system to define, capture and store the
in the field for loading into billing system
appropriate data to be loaded into the Enterprise or
ADG billing system for edit and storage purposes.
Contractor will achieve 100% meter and Itron 60W
ERT saturation in all meter-reading routes defined
in the Project by the dates required in the detailed
2. Scheduling of Installation implementation schedules. Contractor, with
assistance from the City of Louisville, will
implement the proposed resident notification
system for scheduled installation programs.
Contractor’s field services personnel will be properly
uniformed and will have City of Louisville
approved credentials and Identification Badges.
3. Contractor’s Field Services identification requirements Contractors’ vehicles shall have identification signs
(minimum of 3 square feet in area) with
Contractor’s name and phone number clearly
displayed on each side of the vehicle.
D.0303-Integration
Item Description
Contractor will provide daily updates of meter
information regarding both change outs and Itron
1. Meter reading during installation 60W installation to facilitate manual meter reading
using handheld devices during transition from the
manual system to AMR.
D.0304-Training
Item Description
Contractor will provide the City of Louisville’s AMR /
Field Services Representatives with the proper
1. MTU and DCU installation and repair training
training for installation, replacement and repair to
Contractor installed Itron 60W Modules
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WATER METER INSTALLATION MANUAL 2010
Mountain States Pipe and Supply Company
Safety is the most important aspect of our exchange or retrofit.
Do not be in a hurry and make sure all work is completed in following procedures outlined below. If
safety is a concern, err on the side of the safest method even if it means not doing the exchange or retrofit.
ON ARRIVAL AT SITE
Upon arriving at the installation site, verify that the following information matches that of the service
order in the Handheld:
• Address
• Date and time of appointment
• Nature of visit (meter exchange with endpoint installation)
Park on the street, not in the customer's driveway.
Replace Pit-Set Meter / Install AMR Module
Verify correct location by checking meter number.
Check meter pit and stop boxes to ensure work can be accomplished.
Installer must have identification badge, be properly dressed and well groomed.
Installer vehicles must be identified as participating in the City of Louisville meter
conversion program. (please no truck idling during installation)
Installer will clean out each pit to the bottom of meter. Additionally, if pumping water out of pit
is necessary, it is done at this time. If the situation requires a contractor to clean and pump the
pit, installer shall return the work to customer.
Inspect all meter pits and surrounding areas for hazardous conditions including; natural gas odors,
spiders, and sharp protrusions in the hood. (If natural gas is detected, cease all operations and
immediately contact Xcel Energy Co. of the potential hazard.) If surrounding shrubbery prevents
access to meter pit, do not trim.
If unable to complete the conversion, City must be notified of address and reason for not
completing the conversion. Notifications may be sent by email to latifeb@louisvilleco.gov and
will be read during normal business hours
Emergency contact information: Steve Hite, City of Louisville @ 303.489.2300 or Josh
Meck @ 303.489.2305.
Notify homeowner/business of the work to be accomplished and explain that water service will be
interrupted during the replacement of the water meter. If no one is available, information
regarding work completed will be left on door.
Take pre-installation digital photograph of meter pit and meter register to verify water
consumption. Note any leaking joints or other installation issues.
Note any water usage (the meter sweep hand is moving). If water is being used, attempt to notify
the customer. If unable to contact customer, return at a later time to change out meter.
Second Attempt: Note any water usage (the meter sweep hand is moving). If water is being used,
attempt to notify the customer again. If the customer is still unavailable, note the water usage rate
(gallons/minute) and proceed to perform the remaining work.
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Shut off the water using the valve in the meter pit. If there is no valve in the pit or
if the valve is inoperable, turn off the water using the curb stop. Note inoperative
valves and report to the Project Manager.
Replace the existing water meter with a new meter. Retain all old meters for
salvage and return to City of Louisville. Verify that meter body flow arrow is
lined up correctly.
Remove all pieces of old washers and replace with new washers.
The old register stays with meter and is returned to City. Reinstall frost lid.
Drill properly sized hole in existing lid to affix AMR module. Complete the work by
placing the new meter register on the meter and mounting the AMR MODULE in the
meter pit lid. Note: if using an integrated module with register mounting of AMR
module is not required.
Composite lids maybe used in place of cast iron lids. If so, AMR modules can be
directly attached underneath the composite lid.
All meter pits located within a driving surface will be up graded to a traffic rated
composite pit lid.
Ensure that the new register matches the meter type and size. I.e. 5/8”, ¾”, 1”.
The AMR MODULE mount through the drilled hole in lid should be tight enough to
prevent any movement if dome is stepped on. Note: if using integrated module with
register mounting of an AMR module in lid is not required.
Make sure that the Inline Connector is securely connected and security seal is placed
through connector.
Water is then turned on slowly until the service line is filled and a visual check is
completed for possible leaks. Water service is then restored and the line is
flushed at silcock until clear (use short garden hose to keep water away from
foundation). If the meter was not operating prior to work being started but it is
now and the customer is not available, leave the water turned off and leave a
special notice for customer noting possible leak and approximate rate. Report this
work location immediately by phone to the Louisville Project Manager. (If water
was off for other reasons leave water off after installation has been performed).
Using handheld device, enter all new AMR Module information including
scanning in the new AMR MODULE ID and meter number. Record water
consumption data from the old register, final read. Record remote read out serial
number and final read, if applicable. Record all digits on odometers. Place out of
service sticker on pit sets where remote is located on house).
Take post-installation digital photograph of meter pit meter assembly for future use if
needed.
Install the meter pit lid with AMR MODULE installed, taking care not to damage the
Module wire. Assure that the meter pit lid is secured and locked in place. Replace
meter pit lid if it does not properly fit or is damaged, bent, etc.
Area will then be cleaned up and left as it was found.
Leave any literature provided by City on front door knob. (Not Mailbox)
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There may be instances in pit applications when the installer cannot complete the
necessary work due to plumbing problems, meter pit problems, or access. In these
instances, the contractor’s project manager and the City project manager will
determine an appropriate course of action. Installers will take replaced materials to a
central location for appropriate disposal, including old registers.
Do a quality control inspection (check sheet). This must be done and corrections made prior
to submitting completed work to the City of Louisville. The inspection will include the
following items:
– Confirm meter number at address
– Confirm module number at address
– Confirm proper installation at address (meter not installed backward etc.)
– Confirm pit installation is complete, no leaks
– Confirm base and register model agree
– Confirm register and radio module readings agree
– Confirm ERT is transmitting radio signal
– Confirm pre and post installation digital photographs were taken
Replace Indoor Water Meter and Install AMR MODULE
Verify correct location by checking meter number.
Prior to work being started in the area, a door tag will be left explaining the work that will need to
be completed and requesting that the resident call and schedule a time for the work to be
completed. Once appointment has been made or contact and permission to proceed has been
obtained, installer will explain work that will be accomplished and that water service will be
interrupted while work is being completed.
Installer must have identification badge, be properly dressed and well groomed.
Installer vehicles must be identified as participating in the City of Louisville meter conversion
program. (please no truck idling during installation)
Take off shoes or wear protective booties before entering residential homes.
Take pre-installation digital photograph of meter assembly and meter register readout to
verify water consumption. Note any leaking pipes or other installation issues.
If the meter is in a location where it is impossible to change out or is located behind sheet
rock without an access panel, notify the homeowner that they are responsible to maintain
access to the meter equipment. Also, contact the project manager and record address and
access problem in the work order.
If water is being used, notify the customer before turning off the water.
Cut the existing wire between the generator register and the remote readout and place an “Out
of Service” label over the readout dial.
Turn off the water using the shutoff valve in the building. If there is no valve in the building,
or if the valve is inoperable, turn off the water using the curb stop and report the missing
valve to the Project Manager.
Remove existing meter and replace it with a new AMR meter utilizing approved
practices. Verify that meter body flow arrow is lined up correctly.
Remove all pieces of old washers and replace with new washers. Retain all old
meters for salvage and return to City of Louisville. Old register stays with meter.
Ensure that the new register matches the meter type and size. I.e. 5/8”, ¾”, 1”.
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Water is then slowly turned on and the plumbing is checked for leaks. If no problems exist,
water is then turned on completely and the line is flushed (use outside spigot and a short piece
of garden hose to keep water away from foundation). If the shutoff valves or new meter leaks,
make repairs as needed. For example, tighten packing nut on valve, tighten nut on meter set,
etc. If leak continues contact Project Manager.
Determine the optimum location for installation of the AMR MODULE. In a basement
location, preferred location for AMR MODULE installation is on a floor joist, without a
metal mass in close proximity. As you are facing the remote AMR MODULE box, radio
signal strength to the street is greatest to your right at a 45-degree angle. When the basement
is finished, the AMR MODULE should be placed in the most practical position available that
complies with the above specifications.
Install the Remote AMR Module. If necessary for proper radio reception, pull the wire
through the existing conduit (if any) and the hole in the outside wall of the building and
install the Remote AMR MODULE at the location of the existing remote readout on the
outside of the building. Fasten the cable in place, or wrap it around the service pipe, leaving
sufficient slack to permit later adjustments in the AMR MODULE location. Note: not
applicable if using integrated module with register.
Reference Contractor’s AMR module installation procedure for more detailed installation
specifications if necessary.
Using hand held device, enter all AMR Module information including scanning in the new
AMR MODULE ID and meter number. Record water consumption data from old register and
readout recording all digits on odometer.
Take post-installation digital photograph of meter installation for future use if needed.
Attempt to read the AMR MODULE from the sidewalk across the street in front of the house
while you have access to the inside.
If the read is unsuccessful relocate the remote to a better RF position and reattempt
the read. If the read is still unsuccessful, contact the Contractor Project Manager and
the City’s Project Manager.
Every attempt will be made to mount remote AMR MODULES inside, however, there may
be certain inside locations, which require placing/mounting the AMR MODULE outside the
residence/business. These instances will be due to module reading problems or accessibility.
Perform spin test to make sure service is back on.
Ensure that meter and AMR MODULE area in the home or business are cleaned up and left
as it was found.
Notify the customer that the work is completed.
Do a quality control inspection (check sheet). This must be done and corrections made prior
to submitting completed work to the City of Louisville. The inspection will include the
following items:
– Confirm meter number at address.
– Confirm module number at address.
– Confirm proper installation at address (meter not installed backward etc.).
– Confirm AMR meter installation is complete, no leaks.
– Confirm base and register model agree.
– Confirm register and radio module readings agree (should be zeros).
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– Confirm ERT is transmitting radio signal.
– Confirm pre and post installation digital photographs were taken.
Supply daily electronic file of completed work to City. This file will include information as
defined by City IT personnel necessary for automated upload to City finance billing software.
Confined Space Entry
Meter vaults provide a space with limited openings for entry and exit. Please be aware that
meter vaults provide unfavorable natural ventilation which could contain or produce
hazardous atmosphere and which is not intended for continuous employee occupancy.
All confined spaces shall be considered dangerous and may not be entered until all required
safeguards, permits or documents have been addressed.
Automated System Solutions shall comply with National Institute for Occupational Safety
and Health (NIOSH) and Occupational Safety and Health Administration (OSHA)
regulations.
Procedures for cleaning stop boxes and operating curb stops
If curb box is not visible:
o Call utility to obtain location.
o Using information provided by utility, MSPS/USM&T would use a metal detector to
locate stop box.
o If stop box is full of dirt or other type of debris, then box will be cleaned using either a
clamshell or a cordless power auger.
o After cleaning and a determination is made that the valve is inoperable, the account
should be returned back to the City for remedial repair.
City will complete repair and return back to MSPS/USM&T.
o Meter installation will then be processed.
Procedures for Spin Testing Meters
After meter replacement, the water is to be turned on slowly. At this time note detection of
water flow through meter by motion of the meter sweep hand and leak detection wheel.
Call Center and Installation Process:
The contractor will utilize the following procedure to contact residents and businesses in order to install
AMR equipment and new water meters inside buildings.
Step 1 Week One(1) MSPS Call 1
Our staff, utilizing the database received from the utility will make the initial call to
customer. Based upon the phone response (Answered Call, Answering Machine, etc) we
will utilize the Call Center Script and either make appointment or provide information for
customer to return call.
Step 2 Week Two(2) MSPS Call 2
If customer has not called back to make appointment, we will make attempt two
which again is based upon phone response.
Step 3 Week Three(3) Canvas by Installers
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If no response from customer, we will attempt a personal canvas attempt to premise. If
no response, we will leave a door hanger with reason for attempt and a phone number to
call.
Step 4 Week Four (4) Fourth Attempt Letter
If no response to Steps 1, 2 or 3, we will send out a 4th attempt letter to get a response.
Step 5 Week Five (5) Return to Utility
If no response within week 4, we will return to utility to gain access or set appointment
with harsher language.
MSPS Call Center Specifications
MSPS Call Center
33. W. Las Vegas St
Colorado Springs, CO 80906
Call Center #: 1(877)321-3755
Fax#: (719) 799-6306
Contacts:
Stephania Burris
Global Manager
(719) 491-2545 ( Cell)
(719) 799-6305 ext 113 (Work)
(719) 799-6306 (Fax)
Sburris@msps.com
Jacqueline Jackson
Section Manager
(719) 491-0299 (Cell)
(719) 799-6305 ext 101 (Work)
(719) 799-6306 (Fax)
Jjackson@msps.com
Call Center Hours: Monday –Friday 7am-6pm & Saturday 8am-12pm
Current Systems- Servman, ACD, and NEC
Call Center Seating-20 Seats
# of Reps -10
ADDITIONAL WORK SHEETS-
1. Quality Call Monitoring Scorecard & Metrics
A. This spreadsheet will allow MSPS Management to keep track of the quality performance of each
agent.
B. Will establish areas of improvement
C. Will allow opportunity to Retrain/ Counsel
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D. One score card per week per agent will be selected at random for review.
E. We monitor calls thru our Call Recording Software called ( Elite Call Analyst) (Work Sheet
attached).
2. Escalation Complaint Process
A. This spreadsheet will establish and outline a process in which the agents follow when dealing
with an irate or escalated customer.
3. Call Center Script
A. This spreadsheet is used to obtain efficiency and consistency with all agents when making and
inbound, or outbound call.
B. We are always looking for ways to improve our script to obtain 100% customer satisfaction.
4. 4th Attempt and 5th Attempt Process
A. Once we have completed our work flow and have not gotten in contact with a customer via phone
or canvas, We will send out a 4th Attempt Letter to gain the customer’s attention.
B. When the 4th Attempt Letter goes out we give the customers 10 days to contact us regarding the
scheduling of their account. If the customer has not still contacted us we pass the accounts in
question back over to Utilities to handle as a 5th Attempt. (5th Attempt letter is provided by
Utilities.)
The MSPS Call Center Management Department has a daily and weekly meeting to go over the
performance, Future Plans, Process & Procedure’s, and Creative development of the Call Center.
MSPS Labor Recruitment Procedure
Labor Recruitment Process:
We recruit employees in a variety of ways as determined by the needs of the project and the project
owners as well as the availability of either local installers or a trainable local work force.
Whenever possible we use Project Managers from our staff so that we are able to provide a consistent
quality of project management. We prefer to hire installers, lead persons and administrative staff from the
local area. We have found that that these employees often bring additional value to our crews based on
their knowledge of the community, local installation standards, geography, environmental conditions, and
their commitment to the area residents.
Through our discussions with project owners we determine whether there is a trained work force that we
may want to access (e.g., recent lay-offs, retirees, full-time employees of the project owner who may be
interested in part-time work, etc.). If there is not a trained local workforce, then we try to access
applicants with similar training or background.
We are an Affirmative Action Employer, so we coordinate with the local government workforce center
and/or vocational training schools as well as advertising in the local area. Advertising may be through a
local paper and/or internet service in addition to appropriate agencies as necessary to access a diverse
applicant pool.
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Identification and Screening
All applicants complete an Employment Application prior to an offer of employment. The application
gives them the opportunity to provide appropriate information concerning their knowledge, skills and
ability to perform the work - as well as background information such as prior employers, applicable
licensing and conviction records.
We take the safety of homeowners and residents in the community very seriously, so any offer of
employment is made contingent to passing a drug screen test and a background check.
We use only certified labs for drug tests, and we can typically provide labs available in the local area.
Applicants are screened for convictions at the federal, state and county level and are checked against
federal and/or state sex offender lists prior to their first day of work. We use an outside agency for
background checks and comply with all aspects of the Fair Credit Reporting Act. Project Owners may
have additional requests concerning background checks, and we will comply if legally permitted.
We verify that all new employees are legally authorized to work in the United States through the federal E
Verify system. We also comply with Executive Order 13465 for any employees assigned to perform
work on a federal contract.
All installers are issued identification cards, uniforms and vehicle signage as determined to be
appropriate per project specs or through discussions with the project owner.
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EXHIBIT “C”
PERFORMANCE BOND
Mountain States Pipe and Supply Co., as Principal, hereinafter called the Contractor, and
________________________________________________________, as Surety, with general offices in
___________________________________________________________________________________
a Corporation organized under the laws of the State of Colorado, and authorized to transact business
in the State of Colorado, are hereby bound unto the City of Louisville, Colorado (“City”), as Obligee,
hereinafter called the City, in the penal sum of one hundred twenty seven thousand, six hundred fifty
three dollars ($127,653.00) in the United States currency, for the payment of which sum the Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, the Contractor has entered into a written contract with the City dated December 1, 2009,
for Water Meter Replacement Services in accordance with plans and specifications contained in the
Contract, a copy of which Contract is attached hereto and made a part hereof and is hereinafter referred to
as the Contract;
NOW, THEREFORE, the conditions of this performance bond are such that, if the Contractor shall
satisfactorily perform the Contract, then this bond shall be null and void; otherwise, the Surety shall
promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and
conditions, or 2) Obtain a bid or bids for completing the contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or if the City elects, upon
determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a Contract
between such Bidder and the City, and make available as work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged under this
paragraph) sufficient funds to pay the costs of completion plus liquidated damages pursuant to B.1202 of
Exhibit B to the Agreement and additional costs less the balance of the contract price, but not exceeding
the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this
paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any
amendments thereto, less the amount paid by the City to Contractor.
In addition, if the Contractor or a subcontractor shall fail to duly pay for any labor, materials, team
hire, sustenance, provisions, provender, or other supplies used or consumed by such Contractor or
subcontractor in performance of the Contract, or shall fail to duly pay any person who supplies rental
machinery, tools, or equipment, all amounts due as the result of the use of such machinery, tools or
equipment in the prosecution of the Work, then the Surety shall pay the same in the amount not exceeding
the sum specified in the bond together with interest at a rate of eight percent per annum.
In addition to the other conditions hereof, this bond shall include all provisions set forth in Section
38-26-106, C.R.S.
THE UNDERSIGNED SURETY for value received hereby agrees that no extension of time, change
in, addition to, or other modification of the terms of the Contract of Work to be performed hereunder or
the specifications of the Contract Documents shall in any way affect its obligation on this bond and the
Surety does hereby waive notice of any such extension of time, change, addition, or modifications.
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SIGNED AND SEALED this ___________ day of __________ , 20___.
______________________________________ ______________________________________
(Contractor) (Surety Company)
By: ___________________________________ Address: ______________________________
(President)
______________________________________ By: __________________________________
(Attest) (Attorney-in-fact)
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ITRON INDIRECT SALES AGREEMENT
This Itron Indirect Sales Agreement (the "Agreement") is entered into as of the last date of execution on the signature page hereto (the
“Effective Date”) by and between Itron, Inc. ("Itron") and the City of Louisville, Colorado, a Colorado home rule municipal corporation
("Customer"). Itron and Customer may each be referred to as a "Party" and together as the "Parties."
Customer shall execute this Agreement prior to its receipt of any Itron software, services or equipment by an authorized Itron distributor
(each a "Distributor"). The terms of Customer's agreement with a Distributor shall govern Customer's purchase of Itron equipment or
services from a Distributor (it being understood that Distributor will pass certain Itron warranties through to Customer). The terms of
this Agreement shall govern (i) any software provided by Itron, regardless of whether the order for such software is placed with a
Distributor or directly with Itron, and (ii) any order of equipment or services placed directly with Itron.
The Parties agree as follows:
1. Software Terms
a. Definitions.
“Delivery,” with respect to Software, means that Itron has either made the Software available to Distributor via electronic means or has
provided the Software to a carrier on physical media for delivery to Distributor.
"Documentation" means all printed or electronic materials published or other wise that are provided to Customer and that describe or
relate to the functional, operational or performance capabilities of the Software.
"Object Code" means the binary, machine-readable version of the Software.
"Software" means software identified on Attachment A-1 that is owned by Itron and any modifications, corrections, improvements or
enhancements thereto provided by Itron.
"Source Code" means human-readable computer programming code, associated procedural code and related documentation.
"Specifications" means the applicable published Itron functional specifications for an item of Software.
“Third Party Software” means software that is not owned by Itron but is identified on Attachment A as being provided by Itron.
"Units" means a unit of measurement identified on Attachment A that is intended to limit the Use of the Software (e.g., Meters, Seats,
Concurrent Seats, Administrative Seats, External Meter Accounts, or Measured Points).
"Use" means the ability to run, execute, display and, subject to the restrictions described below, duplicate and distribute internally.
"Warranty Period," with respect to a particular item of Software, means the warranty term beginning on the warranty start date, as set
forth on Attachment A-1.
b. License Grant.
Subject to the terms of this Agreement, Itron grants to Customer a nonexclusive, nontransferable, perpetual Object Code license to Use
the Software and Documentation for its internal business purposes only in connection with the number of Units set forth in Attachment
A.
c. Restrictions.
As a condition to the foregoing license grant, Customer shall not (i) violate any restriction set forth on Attachment A, (ii) modify or create
any derivative work from the Software, (iii) include the Software in any other software, (iv) use the Software to provide processing
services to third parties or on a service bureau basis, (v) reverse assemble, decompile, reverse engineer or otherwise attempt to derive
Source Code (of the underlying ideas, algorithms, structure or organization) from Software, or (vi) use the Software to process business
information concerning customers derived through merger, asset acquisition or other entity combination. Except as expressly permitted
in this Agreement, Customer may not copy the Software other than to make one machine readable copy for disaster recovery or
archival purposes. Customer may only make copies of Documentation as reasonably necessary for the use contemplated herein. The
Software and Documentation shall be considered the confidential information of Itron and, as such, shall be subject to the confidentiality
provisions of this Agreement.
d. Invoicing.
Distributor will invoice Customer for the Software and Itron will invoice Distributor.
e. Limited Software Warranty
i. Warranty and Remedy.
For the Warranty Period, Itron warrants to Customer that the Software will perform substantially in accordance with the Specifications.
Itron does not warrant that the Software will operate uninterrupted or error-free. Itron's sole obligation and Customer's exclusive
remedy in connection with the breach of a warranty provided under this Section shall be for Itron to repair or replace the non-
conforming Software. If Itron, in its sole discretion, is unable to repair or replace non-conforming Software, Itron will refund to Customer
the amount paid for such Software. Software that is repaired or replaced pursuant to this Section will be warranted for the remainder of
the original warranty period or 30 days, whichever is longer. Customer's license to Software for which it has received a refund
hereunder shall terminate upon its receipt of a refund.
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ii. Exclusions.
The warranty provided in this Section shall not apply to the extent that non-compliance relates to or is the result of (i) use of the
Software in combination with software, equipment or communications networks not provided by Itron, (ii) a change to the Software's
operating environment not made or authorized by Itron, (iii) Customer's failure to install any correction or enhancement provided by
Itron, (iv) viruses introduced through no fault of Itron, (v) any use of the Software not authorized by this Agreement. The warranty
provided in this Section is valid only if Customer has complied with the terms of this Agreement (including paying the applicable
Software license fees) and shall be void to the extent of any modification to the Software not authorized by Itron.
f. Third Party Software and Documentation.
Itron shall provide the Third Party Software, if any, identified on Attachment A and any related documentation. Any Third Party
Software, and related documentation provided by Itron in connection with this Agreement shall be subject to a separate license
agreement between the Customer and the third party software provider and will be subject to separate third party warranties, if any.
Customer agrees that it will be bound by and will abide by all such third party software licensing arrangements. Customer is solely
responsible for acquiring any software that is required to use the Software or Third Party Software.
g. Audit.
Customer will maintain accurate and detailed records as necessary to verify compliance with this Agreement. Itron may audit these
records to verify compliance at any time during Customer’s regular business hours after giving written notice 5 business days in
advance of the audit. Except as described below, Itron will bear all costs and expenses associated with the exercise of its audit rights.
Any errors in payments identified will be corrected by Customer by appropriate adjustment. In the event of an underpayment of more
than 5 percent, Customer will reimburse Itron the amount of the underpayment, reasonable costs associated with the audit, and interest
on the overdue amount at the maximum allowable interest rate from the date the obligation accrued.
h. Obligations Upon Termination for Cause.
Upon a termination by Itron for cause, Customer's license to any Software and right to receive maintenance and support for such
Software shall immediately terminate and Customer shall (i) delete any Software from all of its computers, (ii) immediately deliver to
Itron or destroy all copies of such Software and any related Documentation and (iii) certify in writing to Itron within 10 days of any such
termination that, to the best of Customer's knowledge, Customer has complied with this Section. Customer shall have the same rights
respecting any overpayment.
i. Miscellaneous.
Customer shall not, directly or indirectly, export or transmit the Software to any country to which such export or transmission is
prohibited by any applicable regulation or statute. The Parties agree that Software provided under this Agreement shall be deemed to
be "goods" within the meaning of Article 2 of the Uniform Commercial Code, except when such a practice would cause an
unreasonable result. The Parties agree that the Uniform Computer Information Transaction Act (or a version thereof or substantially
similar law) shall not govern this Agreement.
2. Equipment Terms
SUB-ITEMS a., b. AND c. BELOW APPLY ONLY TO EQUIPMENT PURCHASED BY CUSTOMER DIRECTLY FROM ITRON:
a. Equipment Purchase.
Customer agrees to purchase the equipment, if any, identified on Attachment A (the "Equipment") from Itron at the price(s) and in the
quantities set forth thereon pursuant to the terms of this Agreement. Prices set forth on Attachment A are valid for one year from the
date of this Agreement.
b. Invoicing.
Itron will invoice Customer for the Equipment upon shipment. Invoices will be due and payable 30 days following the date of invoice.
c. Delivery, Title and Risk of Loss.
Unless otherwise agreed by the Parties, Itron will make arrangements with its carrier to deliver Equipment to Customer's location at
Customer's expense. Title to the Equipment and risk of loss shall pass to Customer upon Itron's delivery to a carrier for shipment to
Customer.
d. Limited Equipment Warranty
i. Warranty and Remedy.
Except as otherwise set forth on Attachment A-2, Itron warrants to Customer that the Equipment that is manufactured by or on behalf of
Itron will be free from defects in materials and workmanship and will conform to the applicable published Itron specifications for a period
of one year from the date of shipment if purchased directly from Itron and 14 months if purchased through a Distributor. Itron's sole
obligation and Customer's exclusive remedy in connection with the breach of a warranty provided under this Section or or under
Attachment A (except to the extent otherwise provided therein) shall be for Itron to repair non-conforming Equipment or provide
Customer with replacement Equipment after Customer has returned non-conforming Equipment properly packaged and prepaid to a
repair facility designated by Itron. If Itron, in its sole discretion, determines that it is unable to repair or replace such non-conforming
Equipment, Itron will refund to Customer the amount paid for such Equipment. Equipment that is repaired or replaced pursuant to this
Section will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Customer will pay the cost
of returning non-conforming Equipment to the place of repair designated by Itron and Itron will pay the cost of delivering repaired or
replacement Equipment to Customer.
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ii. Exclusions.
The warranty provided herein does not cover damage due to external causes, including accident, abuse, misuse, inadequate
maintenance, problems with electrical power, acts of God; service (including installation or de-installation) not performed or authorized
by Itron; usage not in accordance with product instructions or in a configuration not approved by Itron; normal wear and tear; and
problems caused by use of parts and components not supplied by Itron. The warranty provided herein shall be void if the Equipment is
modified in a way not authorized in writing by Itron. This warranty does not cover equipment that is not manufactured by Itron. Any
warranty for such equipment will be between Customer and the third party manufacturer.
3. Payment Terms and Taxes.
The following terms shall apply to any equipment, services or software purchased by Customer directly from Itron. For invoices not
paid within 30 days of the invoice date, in addition to other remedies to which Itron may be entitled, Itron may charge Customer a late
fee of one percent per month applied against undisputed overdue amounts. Customer shall also be responsible for collection costs
associated with late payment, if any, including reasonable attorneys' fees. No endorsement or statement on any check or payment or
in any letter accompanying a check or payment or elsewhere shall be construed as an accord or satisfaction. Unless otherwise
indicated on Attachment A, Customer shall pay all amounts owing under this Agreement in U.S. Dollars. The prices set forth on
Attachment A do not include taxes. Customer will be responsible for and pay all applicable sales, use, excise, value-added and other
taxes associated with the provision of products or services by Itron, excluding taxes on Itron's income generally. If Customer is a tax
exempt entity, or pays taxes directly to the state, Customer will provide Itron with a copy of its Tax Exemption Certificate or Direct Pay
Permit, as applicable, upon execution of this Agreement.
4. Changes.
Changes to the products or services ordered by Customer pursuant to this Agreement, including the purchase of additional quantities or
entirely new products or services, may be made at Itron's then-current pricing by purchase order or Change Order (in a form acceptable
to Itron), provided that any such purchase order must first be accepted by Itron. This Agreement shall govern the non-price terms and
conditions of any Change Order or purchase order accepted by Itron subsequent to the execution of this Agreement.
5. Confidentiality.
With respect to any information supplied in connection with this Agreement and designated by either Party as confidential, or which the
recipient should reasonably believe to be confidential based on its subject matter or the circumstances, the recipient agrees to protect
the confidential information in a reasonable and appropriate manner, and to use and reproduce the confidential information only as
necessary to realize the benefits of or perform its obligations under this Agreement and for no other purpose. The obligations in this
section will not apply to information that is: (i) publicly known; (ii) already known to the recipient; (iii) lawfully disclosed by a third party;
(iv) independently developed; or (v) disclosed pursuant to a legal requirement or order. The recipient may disclose the confidential
information on a need-to-know basis to its contractor's, agents and affiliates who agree to confidentiality and non-use terms that are
substantially similar to these terms.
6. IP Ownership
Between Itron and Customer, all patents, copyrights, mask works, trade secrets, trademarks and other proprietary rights in or related to
any product, software or deliverable provided by Itron pursuant to this Agreement are and will remain the exclusive property of Itron.
Customer will not take any action that jeopardizes Itron's proprietary rights nor will it acquire any right in any such product, software or
deliverable or Itron's confidential information other than rights granted in this Agreement.
7. Indemnification
a. General Indemnity.
Itron will defend Customer from any claim for (i) death of or bodily injury to a Customer employee or third party that is caused by Itron's
gross negligence or intentional torts, or (ii) physical damage to tangible personal property owned by Customer or a third party that is
caused by Itron's gross negligence or intentional torts and will pay costs and damages awarded against Customer (or settled) in any
such action that are specifically attributable to Itron's gross negligence or intentional torts.
b. Infringement Indemnity.
Itron will, at its own expense, defend any claim or action brought against Customer by an unaffiliated third party to the extent that the
action is based upon a claim that any product manufactured, software licensed or service provided by Itron hereunder directly infringes
any U.S. patent (issued as of the Effective Date) or any copyright or trademark and Itron will pay those costs and damages awarded
against Customer (or settled) in any such action that are specifically attributable to such claim. The foregoing indemnity does not apply
to products not manufactured by Itron or software licensed by third parties.
c. Conditions to Infringement Indemnity.
Itron's infringement indemnity obligations under this Section are conditioned on Customer's agreement that if the applicable product or
service, becomes, or in Itron's opinion is likely to become, the subject of such a claim, Customer will permit Itron, at Itron's option and
expense, either to procure the right for Customer to continue using the affected product or service or to replace or modify the same so
that it becomes non-infringing. Such replacements or modifications will be functionally equivalent to the replaced product or service. If
the foregoing alternatives are not available on terms that are reasonable in Itron's judgment, Itron shall have the right to require
Customer to cease using the affected product or service in which case Itron will refund to Customer the depreciated value of the
affected product or service.
d. Exclusions.
Itron shall have no obligation under this Agreement to the extent any claim of infringement or misappropriation results from: (i) use of a
product or service, other than as permitted under this Agreement or as intended by Itron, if the infringement would not have occurred
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but for such use; (ii) use of any product or service in combination with any other product, equipment, software or data, if the
infringement would not have occurred but for such combination; (iii) any use of any release of a software or any firmware other than the
most current release made available to Customer, (iv) any claim based on Customer's use of a product after Itron has informed
Customer of modifications or changes to the product required to avoid such claims and offered to implement those modification or
changes, if such claim would have been avoided or mitigated by the implementation of Itron's suggestions, (v) any modification to a
product made by a person other than Itron or an authorized representative of Itron, or (vi) compliance by Itron with specifications or
instructions supplied by Customer. Itron shall not be liable hereunder for enhanced or punitive damages that could have been avoided
or reduced by actions within the control of Customer.
e. Right to Defend.
As a condition to Itron's indemnity obligations under this Agreement, Customer will provide Itron with prompt written notice of the claim,
permit Itron to control the defense, settlement, adjustment or compromise of the claim and provide Itron with reasonable assistance in
connection with such defense. Customer may employ counsel at its own expense to assist it with respect to any such claim.
f. Indemnity Disclaimer
THIS SECTION CONSTITUTES ITRON'S SOLE AND EXCLUSIVE OBLIGATION WITH RESPECT TO THIRD PARTY CLAIMS
BROUGHT AGAINST CUSTOMER.
8. Warranty Disclaimer.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ITRON DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,
CONDITIONS OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, (I) IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES OF TITLE AND AGAINST INFRINGEMENT AND (III)
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT ANY IMPLIED
WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD.
9. WAIVER OF CONSEQUENTIAL DAMAGES.
IN NO EVENT WILL ITRON BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR COVER OR FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OR CORRUPTION
OF DATA OR LOSS OF REVENUE, SAVINGS OR PROFITS) OR EXEMPLARY DAMAGES, EVEN IF ITRON HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ITRON'S PRICING REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF
LIABILITY.
10. CAP ON LIABILITY
EXCEPT FOR ITRON’S OBLIGATIONS UNDER SECTION 8 A. (GENERAL INDEMNITY) AND SECTION 8 B. (INFRINGEMENT
INDEMNITY) THE AGGREGATE LIABILITY OF ITRON AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES OR OTHER REPRESENTATIVES, ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT WHETHER
UNDER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID
BY CUSTOMER UNDER THIS AGREEMENT. ITRON SHALL NOT BE LIABLE FOR ANY CLAIM MADE THE SUBJECT OF A LEGAL
PROCEEDING MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ASSERTED IN SUCH CLAIM AROSE. ITRON’S
PRICING REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.
11. TERM AND TERMINATION
a. Term of Agreement.
Unless terminated earlier as provided herein, the term of this Agreement shall be from the Effective Date through December 31st of the
year in which any products or services have been provided by Itron in accordance with the terms of this Agreement. The term of this
Agreement shall thereafter automatically renew for successive one year periods unless either Party provides the other with written
notice of its intent not to renew at least 90 days prior to such termination; provided, however, that Customer shall be obligated to
purchase and Itron shall be obligated to provide any product or service that is the subject of an unfulfilled order accepted by Itron prior
to the time of any such termination.
b. Termination for Cause.
Either Party may terminate this Agreement by providing the other Party with written notice if the other Party (i) becomes insolvent,
executes a general assignment for the benefit of creditors or becomes subject to bankruptcy or receivership proceedings; (ii) breaches
its obligations related to the other Party's confidential information; (iii) commits a material breach of this Agreement, the
Distributor/Customer agreement or the Distributor/Itron agreement that remains uncured for 30 days following delivery of written notice
of such breach (including, but not necessarily limited to, a statement of the facts relating to the breach or default, the provisions of this
Agreement that are in breach or default and the action required to cure the breach or default).
c. Survival.
Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this
Agreement shall survive termination or expiration and continue in full force and effect for the period so contemplated including, but not
limited to, provisions relating to warranties and warranty disclaimers, intellectual property ownership, payment terms, confidentiality,
waiver of consequential damages, and cap on liability.
12. Miscellaneous
a. Entire Agreement.
This Agreement and any attachments hereto constitute the entire agreement between the Parties with respect to the subject matter
hereof and supersede all previous agreements pertaining to such subject matter. All prior agreements, representations, warranties,
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statements, negotiations, understandings, and undertakings are superseded hereby and Customer represents and acknowledges that it
has not relied on any representation or warranty other than those explicitly set forth in this Agreement in connection with its execution of
this Agreement. Neither Party shall be bound by terms and conditions imprinted on or embedded in purchase orders, order
acknowledgments, statements of work not attached hereto or other communications between the Parties subsequent to the execution
of this Agreement.
b. Amendments and Waivers.
Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in
a particular instance and either retroactively or prospectively), only by a writing signed by an authorized representative of each Party
and declared to be an amendment hereto. No delay or failure to require performance of any provision of this Agreement shall constitute
a waiver of that provision. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver
of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual
performance specifically waived.
c. Governing Law; Jury Trial.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Colorado
without reference to Colorado conflicts of law principles or the United Nations Convention on Contracts for the Sale of Goods. THE
PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM ARISING IN ANY
WAY IN CONNECTION WITH THIS AGREEMENT.
d. No Solicitation.
For eighteen months following the termination of this Agreement, Customer will not encourage or solicit any employee or consultant to
leave the employ of Itron, provided that the foregoing shall not be construed to prohibit mass media advertising not specifically directed
towards employees or consultants of Itron.
e. Assignment.
Parties may not assign or transfer their interests, rights or obligations under this Agreement by written agreement, merger,
consolidation, operation of law or otherwise without the prior written consent of the other Party. Any attempt to assign this Agreement
by Parties without such consent shall be null and void. For purposes of this Agreement, the acquisition of an equity interest in one of
the Parties of greater than 25 percent by any third party shall be considered an assignment.
f. Publicity.
Unless otherwise provided in a separate confidentiality agreement between the Parties, each Party may issue a press release following
the execution of this Agreement, subject to the other Party's written approval, which shall not be unreasonably withheld. Each Party
hereby consents to the other Party's use of its name, URL and logo on its website and in its customer and partner lists for corporate
and financial presentations.
g. Notices.
Any notice required or permitted under this Agreement or required by law must be in writing and must be delivered in person, by email,
by facsimile, by certified mail (return receipt requested), or by a nationally recognized overnight service with all freight charges prepaid,
to the address set forth below. Notices will be deemed to have been given at the time of actual delivery, if in person, or upon receipt
(as evidenced by email records, facsimile confirmation, return receipt or overnight delivery verification). Either Party may change its
address for notices by written notice to the other Party in accordance with this Section.
Itron: Attn: General Counsel Customer:
Itron, Inc. City of Louisville, Colorado
2111 North Molter Road Attn:
Liberty Lake, WA 99019 749 Main Street
E-mail: contract.request@itron.com Louisville, Colorado 80027
E-mail:
h. Miscellaneous.
Neither Party will be responsible for any failure or delay in performing any obligation hereunder, other than Customer's obligation to
pay, if such failure or delay is due to a cause beyond the Party's reasonable control, including, but not limited to acts of God, flood, fire,
volcano, war, third-party suppliers, labor disputes or governmental acts. Headings used in this Agreement are intended for
convenience or reference only and will not control or affect the meaning or construction of any provision of this Agreement. If any
provision in this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions will in no way be affected or impaired thereby and such provision shall be interpreted so as to best accomplish the intent of
the Parties within the limits of applicable law. Any principle of construction or rule of law that provides that an agreement shall be
construed against the drafter of the agreement shall not apply to the terms and conditions of this Agreement. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered will be deemed an original, and all of which
together shall constitute one and the same agreement. If available, maintenance and support for products will be provided pursuant to
a separate maintenance agreement. Itron shall perform all work to be performed in connection with this Agreement as an independent
contractor and not as the agent or employee of Customer. All persons furnished by Itron shall be for all purposes solely Itron's
employees or agents and shall not be deemed to be employees of Customer for any purpose whatsoever. This Agreement is entered
into only for the benefit of Customer and Itron. No other person or entity shall have the right to make any claim or assert any right
hereunder, and no other person or entity shall be deemed a beneficiary of this Agreement.
i. City Financial Obligations.
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The Parties hereto do not intend this Agreement to be a multiple fiscal year financial obligation within the meaning of Article X, Section
20 of the Colorado Constitution, and this Agreement shall be interpreted so to avoid any such meaning. The parties therefore agree that
all obligations of the City to make payment under this Agreement are subject to annual appropriation by and at the discretion of the City
Council.
[Signature Page Follows]
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Agreed to and accepted:
Itron, Inc. Customer
Signature: __________________________________ Signature: __________________________________
Print Name: ________________________________ Print Name: ________________________________
Title: ______________________________________ Title: ______________________________________
Date:______________________________________ Date:______________________________________
Tax Exempt:______________________________________Yes/No (if Yes, attach copy of Tax Exemption Certificate)
[Signature Page to Indirect Sales Agreement]
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ATTACHMENT A-1
Software Units Warranty Start Date Warranty Term
MVRS Up to _7,500__ Shipment
meters
PRICING SUMMARY FOR PRODUCTS PURCHASED DIRECTLY FROM ITRON
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ATTACHMENT A-2
Warranty Terms
Product Warranty Terms
All Equipment (excluding the following) 14 months from shipment
Centron and Sentinel electricity meters 3 years from shipment
200W series water endpoints (including battery) 5 years from shipment
60W series water endpoints (including battery) Full warranty consistent with the warranty terms in the
Agreement for the first 10 years from shipment.
For warranty claims in years 11 through 15, Itron's sole
obligation will be to provide Customer with a discount
on replacement product equal to 50 percent of its then-
current list price for the replacement product.
For warranty claims in years 16 through 20, Itron's sole
obligation will be to provide Customer with a discount
on replacement product equal to 25 percent of its then-
current list price for the replacement product.
MLOG Leak Detection Sensor/Logger (including battery) Full warranty consistent with the warranty terms in the
Agreement for the first 5 years from shipment.
For warranty claims for years 6 through 10, Itron's sole
obligation will be to provide Customer with a discount
on replacement product equal to 60 percent of its then-
current list price for the replacement product.
Upgraded handhelds or mobile collectors 90 days from shipment
MV-RS Software 14 months from Delivery
Mobile AMR Software 14 months from Delivery
Phone Support 5 months from Delivery
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Attachment A-2 (Cont'd)
Warranty Terms for Itron Cold Water Meters
Scope of Guarantee
This guarantee applies exclusively to Itron Flostar, Multimag, and Woltex cold water meters when used in potable water below
o
120 F in accordance with Itron published Technical Specifications and when installed in accordance with Itron published
installation instructions, both as in effect as of the date of Itron shipment of the product.
Materials and Workmanship
The Flostar, Multimag, and Woltex meters will be free from defects in workmanship and material for a period of 1 year from
original shipment.
Case Integrity
The low lead bronze main cases of Flostar, Multimag, and Woltex meters shall retain their structural integrity for 20 years.
Register Functionality
The standard, roll sealed direct reading register of the Flostar, Multimag, and Woltex meters will function for a period of 20
years following the date of manufacture.
New Meter Accuracy
The Flostar 5/8” – 1” water meters will meet or exceed new meter accuracy standards (95 – 101.5% at low flow, 98.5 –
101.5% at normal flow range) for a period of 5 years from date of shipment or registered usage as indicated in the table below,
whichever occurs first. Flostar 3” – 6” water meters will meet or exceed new meter accuracy standards for a period of 1 year
from date of shipment.
The Multimag 5/8” – 1” water meters will meet or exceed new meter accuracy standards (97 - 103% at low flow, 98.5 – 101.5%
at normal flow range) for a period of 2 years from date of shipment or registered usage as indicated in the table below,
whichever occurs first.
Woltex 6” - 10” water meters will meet or exceed new meter accuracy standards, as specified in AWWA C701 for a period of 1
year from date of shipment.
Repaired Meter Accuracy
The Flostar 5/8” – 2” and Multimag 5/8” – 1” water meters will perform to at least Repaired Meter Accuracy Standards for a
period of 15 years from the date of shipment or registered usage as indicated below, whichever occurs first.
Flostar Low Flow Normal Flow Range New Meter Repaired Meter
Size Accuracy Accuracy Accuracy Accuracy
5/8" 1/8 gpm 1/2 - 20 gpm 5 years or 500,000 gallons 15 years or 1,500,000 gallons
3/4" 1/8 gpm 1/2 - 30 gpm 5 years or 750,000 gallons 15 years or 2,250,000 gallons
1" 1/4 gpm 1 - 50 gpm 5 years or 1,000,000 gallons 15 years or 3,000,000 gallons
1.5" 1/2 gpm 1.5 - 100 gpm 5 years or 1,600,000 gallons 15 years or 5,000,000 gallons
2" 1/2 gpm 2 - 160 gpm 5 years or 2,100,000 gallons 15 years or 8,000,000 gallons
3" 1/2 gpm 2.5 - 320 gpm 1 year N/A
4" 3/4 gpm 3 - 500 gpm 1 year N/A
6" 1 1/4" gpm 4 - 1,000 gpm 1 year N/A
Multimag Low Flow Normal Flow Range New Meter Repaired Meter
Size Accuracy Accuracy Accuracy Accuracy
5/8" 1/8 gpm 1/2 - 20 gpm 2 years or 500,000 gallons 15 years or 1,500,000 gallons
3/4" 1/8 gpm 1/2 - 30 gpm 2 years or 750,000 gallons 15 years or 2,250,000 gallons
1" 1/4 gpm 1 - 50 gpm 2 years or 1,000,000 gallons 15 years or 3,000,000 gallons
Accuracy Testing
The accuracy warranties provided herein are contingent upon Customer conducting an accuracy test according to AWWA
standards prior to returning a meter to Itron and Customer providing Itron with a copy of Customer's test results. If the meter is
returned to Itron without a copy of the test results or if Itron's factory test shows the meter to meet current AWWA standards,
Customer shall pay Itron's then-current testing fee.
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ITRON, INC.
MAINTENANCE AGREEMENT
CONTRACT NO. ____________________________
This Maintenance Agreement ("Agreement") is made by and between Itron, Inc., a Washington corporation ("Itron"), and the City of
Louisville ("Customer"). This Agreement sets forth the terms and conditions under which Itron will provide maintenance services
(Maintenance) for the equipment (“Equipment”) and/or software (“Software”) listed on Attachment A ("Products") as of the date last
signed below (“Effective Date”). Itron requires Customer to execute this Agreement before Itron will perform Maintenance on the
Products.
SECTION 1. ELIGIBILITY AND TERM OF AGREEMENT hundred (100) days prior to the next Renewal Date, provided that
Customer represents that it is the owner or licensee of the no such change shall be effective prior to expiration of the Initial
Products maintained under this Agreement or, if not the owner or Term. In no event shall the rates be modified more than once
licensee, has authority from the owner or licensee to include the during any twelve month period.
Products under this Agreement. Changes requested by Customer to Product specifications,
The term of this Agreement shall commence on the Effective functionality, attachments, or features that are beyond the scope
Date and shall remain in force for one (1) year after the latest of Maintenance may result in adjustment of the specified
warranty expiration date on the Products listed on Attachment A Maintenance Fees.
at the time this Agreement is executed by Customer (the "Initial Adding Product to this Agreement, beyond the Products listed in
Term"). Attachment A, may result in additional pro-rated Maintenance
Upon expiration of the Initial Term, this Agreement will renew Fees coinciding with the Renewal Date of this Agreement. To
on an annual basis (“Renewal Date”) for the Products listed in add Maintenance for Software previously removed from
Attachment A and any Product purchased or licensed subsequent coverage, Customer will pay a re-initiation fee or new license fee
to the Effective Date of this Agreement. Either party may, at any to enable Software Maintenance coverage. To add Maintenance
time after the Initial Term, withdraw Product models from this for Equipment previously removed from coverage, Customer will
Agreement upon written notice provided at least 90 days prior to make Equipment available for a re-certification inspection and
the next Renewal Date. Products withdrawn in this manner will pay a re-certification fee to enable initiation of Equipment
be removed from Maintenance upon the next Renewal Date. Maintenance coverage.
Following the expiration of the Initial Term, this Agreement may
be terminated by either party upon written notice, at least 90 days SECTION 4. TAXES
prior to the next Renewal Date. Termination will take effect In addition to the charges due under this Agreement, Customer
upon the next Renewal Date, provided that either party may agrees to pay amounts equal to any taxes and duties resulting
terminate this Agreement at any earlier time pursuant to Section from this Agreement, or any activities hereunder, exclusive of
5. taxes based upon Itron’s net income.
In the event Customer is a tax exempt entity, Customer shall
SECTION 2. MAINTENANCE SERVICES provide Itron with a copy of its tax exemption certificate upon
execution of this Agreement.
Itron shall provide Maintenance to keep the Products listed on
Attachment A in good working order in accordance with the then SECTION 5. EARLY TERMINATION
current applicable Itron maintenance policy ("Policy"). A copy Either party may terminate this Agreement upon the occurrence
of such Policy for the first year of Maintenance is attached hereto of any of the following:
as Attachment B. Itron shall have reasonable access to the (a) If a party becomes insolvent, executes an assignment for
Products to provide Maintenance thereon. Itron may amend the the benefit of creditors, or becomes subject to bankruptcy
Policy on an annual basis, with one hundred (100) days prior or receivership proceedings. Upon the occurrence of such
written notice, provided Maintenance remains substantially the default, the other party may, at its option and without
same. notice to or demand on the party in default, declare this
Agreement terminated.
SECTION 3. CHARGES (b) If a party breaches a material provision of this Agreement,
Annual charges (“Maintenance Fees”) specified in Attachment A the other party may give written notice of the breach. If
for each Product and any Product purchased or licensed the breaching party fails to make progress to cure the
subsequent to the Effective Date of this Agreement shall breach to an extent satisfactory to the nonbreaching party
commence upon the expiration of the warranty period for said within thirty (30) days, the nonbreaching party may
Product. The Maintenance Fees will be charged annually and terminate this Agreement upon written notice.
invoiced twenty (20) days prior to the first day of the Renewal In the event of early termination, Customer shall receive a credit
Date. All invoices for annual Maintenance Fees shall be paid by for any charges already paid for Services beyond the date of
Customer in U.S. dollars thirty (30) days from date of invoice. termination, however, in the event of nonpayment, all accrued
Itron may change the annual charge upon written notice, one charges shall become immediately due and payable.
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Agreement are intended for convenience or reference only
and shall not control or affect the meaning or construction
SECTION 6. GENERAL of any provision of this Agreement.
(a) Assignment. Neither party shall assign this Agreement,
directly or indirectly, without the prior written consent of SECTION 7. FORCE MAJEURE
the other party; provided, however, that a party may Neither party hereto shall be responsible for any failure or delay
assign this Agreement to its successor in a merger or to in the performance of any obligation hereunder if such failure or
the purchaser of all or substantially all of it’s assets if such delay is due to a cause beyond the party's control, including, but
successor or purchaser agrees in writing to comply with not limited to acts of God, flood, fire, volcano, war, third-party
the terms and conditions of this Agreement. suppliers, labor disputes or governmental acts.
(b) Governing Law. This Agreement and performance
hereunder shall be governed by and construed in SECTION 8. LIABILITY AND DISCLAIMER OF
accordance with the laws of the State of Colorado, U.S.A., WARRANTY
without reference to choice of law principles that would ITRON’S AGGREGATE LIABILITY FOR DAMAGES TO
result in application of laws other than the laws of the CUSTOMER SHALL NOT EXCEED THE TOTAL
State of Colorado. ANNUAL AMOUNT PAID BY CUSTOMER TO ITRON
(c) Enforceability. If any provision in this Agreement shall HEREUNDER FOR THE APPLICABLE SERVICE. IN NO
be held to be invalid, illegal or unenforceable, the validity, EVENT SHALL ITRON BE LIABLE, WHETHER IN
legality and enforceability of the remaining provisions CONTRACT, NEGLIGENCE, TORT, OR ON ANY
shall in no way be affected or impaired thereby. OTHER BASIS, FOR COVER OR FOR INCIDENTAL,
(d) Notices and Requests. Notices hereunder shall be in SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OR
writing and shall be given by either party to the other by CORRUPTION OF DATA, OR LOSS OF REVENUE,
delivery or by mailing the same by prepaid registered mail SAVINGS OR PROFITS) OR EXEMPLARY DAMAGES
addressed as specified below or to such other address as ARISING OUT OF OR IN CONNECTION WITH THE
may be substituted by written notice by either party to the SERVICES OR THE SALE, MAINTENANCE, USE,
other: PERFORMANCE, FAILURE OR INTERRUPTION IN
Customer: Notices to Customer at address provided THE OPERATION OF THE PRODUCTS. THE
below. FOREGOING SHALL NOT BE CONSTRUED TO
Itron: ITRON, INC. AFFECT OR LIMIT ITRON’S INDEMNITY
2111 N. Molter Ave. OBLIGATIONS UNDER THE INDIRECT SALES
Liberty Lake, WA 99019 AGREEMENT WITH CUSTOMER.
Attn: Contract Administrator ITRON OFFERS NO WARRANTIES CONCERNING THE
Any such notice so given shall be deemed to have been SERVICES OR ANY PRODUCTS, EXPRESS OR
received by the party to whom addressed on the day of IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
delivery thereof. IMPLIED WARRANTIES OF MERCHANTABILITY AND
(e) Entire Agreement. Each party agrees that this FITNESS FOR A PARTICULAR PURPOSE.
Agreement is the complete and exclusive statement of the
agreement between the parties with respect to SECTION 9. CITY FINANCIAL OBLIGATIONS. The parties
Maintenance. Any terms and conditions appearing on hereto do not intend this Agreement to be a multiple fiscal year
Customer's purchase orders or other authorizations shall financial obligation within the meaning of Article X, Section 20
not apply to or become a part of this Agreement; this of the Colorado Constitution, and this Agreement shall be
Agreement may be modified or altered only by a written interpreted so to avoid any such meaning. The parties therefore
instrument that refers to and incorporates this Agreement agree that all obligations of the City to make payment under this
and is duly executed by an authorized representative of Agreement are subject to annual appropriation by and at the
each party. discretion of the City Council.
(f) Headings Not Controlling. Headings used in this
DATED AND EXECUTED this ____________ day of __________________________, _______________.
CUSTOMER:_________________________________ ITRON, INC.
By: _____________________________________ By:_____________________________________________
Name: _____________________________________ Name: _________________________________________
(Please Print)
Title: _____________________________________________ Title:_________________________________________
Address: _________________________________________
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135
__________________________________________________
__________________________________________________
Phone Number: ___________________________________
Tax Exempt: No ________ Yes ________ If yes, attach copy of Tax Exemption Certificate.
If a corporation or limited liability company, name the State or Province in which formed ________________________________________.
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3
136
Service Pricing
Attachment A
Attachment A – Domestic Service Pricing
*All prices are subject to change subject to Section 3 of this Agreement.
Annual System Maintenance Fees (Equipment and Software)
Separate Quotation (Attachment A-1)
Supplemental Service Labor Pricing
1. Field Engineering and Technical Support Price / Hour
Regular Business Hours, Monday – Friday $195.00
Overtime Hours, Monday – Friday, Saturdays $225.00
Sundays, Holidays $275.50
Regular Business Hours and Overtime Hours are as provided for on the
attached Attachment B. Actual Cost
Meals, Lodging and Travel Expenses
Itron / Personal Vehicle Mileage Current Rate
All Field Engineering service travel is billed from point of origination to point of destination, and back.
2. Itron Depot Repair Services (Equipment) Price / Hour
Regular Business Hours, Monday – Friday $165.00
All supplemental labor services have a minimum billing of one (1) labor hour at the rate in
effect at the time of service.
Supplemental Depot Repair Services, to include labor and materials, are warranted for a
period of thirty (30) days from the date of return shipment to the Customer.
Replacement Parts
1. Replacement Part Warranty: Itron warrants that replacement parts sold as part of an Itron
Maintenance Agreement or Itron Supplemental Depot Repair Services shall be free of defects
and workmanship for a period of ninety (90) days from the date of receipt or installation by
Customer, respectively, as applicable. Any replacement parts, which fail to conform to the
aforementioned warranty, shall be repaired or replaced by Itron. In the event Itron cannot repair
or replace the part, Itron shall refund to Customer monies paid by Customer for such services.
2. Warranty Exclusion: Replacement parts that are sold directly to Customer, except for furnished
parts as documented under Preventive Maintenance and Corrective Maintenance herein, or
service provider for use as spare parts inventory, or for installation by customer personnel or
personnel not under contract or direct employment by Itron, Inc., are excluded from Itron’s
Replacement Part Warranty coverage.
Service Pricing – Domestic 1.3 1
137
Service Pricing
Attachment A
3. Returned Parts: Replacement parts purchased from Itron that are not part of an Itron
Maintenance Agreement or an Itron factory repair / rebuild, may be returned within fourteen (14)
calendar days of receipt for full refund, minus a restocking charge of twenty-five percent (25%) of
the Current List or Repair / Exchange price.
4. Minimum Purchase: All replacement part purchases are subject to a $100.00 minimum order.
5. Special Freight: Next day delivery and / or preferred carrier; $25.00 per shipment minimum or
Itron’s incurred freight charges.
Service Pricing - Domestic 2
138
ATTACHMENT A-1
City of Louisville, Colorado
ANNUAL PRODUCT SERVICE CHARGES
First Year
Item A. Qty First Year Phone Support Phone Support
1 1 MVRS First Year Software Phone Support 2,501 - 7,500 Meters $ 585.00
- 1 - $ -
$ 585.00
Annual
Maintenance
Item B. Qty Hardware & Software Support After Initial Warranty Price
1 1 FC2SR - FC200SR Super Raptor Radio Tranceiver and Endpoint Link $ 408.00
2 1 OEM-0065-004 - Desk Dock, Single $ 23.40
3 1 MC Lite $ 576.00
- 1 MVRS BB - MVRS Software/Phone Support 2,501 - 7,500 Meters $ 1,104.00
- - - $ -
- - - $ -
- - - $ -
- - - $ -
- - - $ -
- - - $ -
- - - $ -
- - - $ -
- - - $ -
$ 2,111.40
Comments:
**This is not an invoice**
Prices Valid for 90 Days
12/3/2009
Attachment A Mtc Pricing Annual .xlsx
139
Attachment B
System Maintenance Policy
MV-RS
Overview
This Maintenance Policy describes Itron’s support services, both contract and warranty,
for the MV-RS Meter Reading System (“System”), including software (“Software”) and
associated handheld computers (“Equipment”).
Customer Responsibilities
Service
1. Service Requests: Customer will notify Itron of any problems that affect System
performance as soon as practical. Problems are to be reported via Itron’s
Support Services Hotline at (800) 635-8725.
Coordinator:
2. Customer Coordinator: Customer will identify a supervisory level employee to
act as a Customer Coordinator (primary coordinator). The Customer Coordinator
will act as the single administrative liaison with Itron for all non-technical
maintenance issues, to include all calls to Itron for service. A secondary
coordinator may be assigned as a backup when the primary contact is not
available.
Levels:
3. Severity Levels: Each Service Request is assigned a Severity Level. Severity
Levels are mutually agreed upon between the Itron Support Analyst and the
Customer Coordinator. Severity Levels describes the level of business impact to
the customer, defines the rules of engagement, and the Itron resources to be
expended. Severity Levels are set at 1, 2, 3, 4 or 5 depending on the nature of
the problem, and they can be upgraded or downgraded at a later time. The list
below summarizes these levels.
• Severity Level 1 - Severe Business Impact
• Severity Level 2 - Significant Business Impact
• Severity Level 3 - Minor Business Impact
• Severity Level 4 - Information/Training/Minor Errors
• Severity Level 5 - Enhancement Request
4. Client Report Forms: Itron will provide Customer with a sufficient supply of blank
Client Report Forms, and Customer agrees to complete and return a Client
Report Form for each / every inoperative handheld unit returned to Itron for
maintenance or repair, retaining one copy for their records.
5. Freight Charges: Customer is responsible for Equipment and / or material return
shipments and insurance, and will forward returns to Itron via prepaid freight.
Configuration:
6. System Configuration: Customer will ensure that system equipment, operating
system, and data communications environment is configured, operated, and
MV-RS Maintenance Policy V2.5 1
140
Attachment B
System Maintenance Policy
MV-RS
maintained in accordance with Itron’s prescribed system requirements.
Customer agrees to consult with Itron prior to making material changes to their
system configuration that may affect system operation.
7. Remote Communications: Customer will purchase, install, operate, and
maintain remote communications software (PCAnywhere®, TelNet® or WebEx®)
and equipment (modems) in a manner that will allow for remote dial-up access
to meter reading System user sites. Customer will make remote access available
to Itron, as necessary, for remote diagnosis and troubleshooting of Itron’s meter
reading System.
8. Network Administration: Customer will monitor and maintain all local and wide
area network components, to include network servers, network clients, network
hubs, routers, modems, and all software components necessary for efficient and
reliable network operations. Specific activities include managing network
equipment repairs, upgrades, and replacements; to ensure continued
conformance with Itron’s prescribed meter reading System configuration.
Additional activities include ongoing administration of host names and Internet
Protocol (IP) addresses, administration of network interfaces, access, security,
communications, equipment and software version control.
9. Database Administration: Customer will administer the meter reading System
database, including host equipment and software components, in compliance
with Itron’s prescribed System configuration. Specific activities include
monitoring database server and back-up electrical power sources, configuration
and administration of database schema, application interfaces, network
operating system, communications, and file transfer software. Additional
activities include deletion and truncation of database files, performance of
regular data back-up, data archive, and installation of all database upgrades as
prescribed by Itron.
Administration:
10. Maintenance Administration: Customer will administer meter reading System
maintenance activities at a central source. Specific maintenance activities
include meter reading System user training and support, administration of all
third party software licenses, fees, and support services that affect meter
reading System operations, initiation of Itron Service Requests as outlined
herein, and oversight of equipment returns to, and receipts from, Itron.
Additional support activities include remote access to System user sites and
preliminary troubleshooting of System user problems.
11. Estimation Fees: In the event Itron should receive equipment for repair that is
damaged, Itron will provide Customer with an estimate for repair of the
equipment. If the Customer accepts the repair estimate, Itron will complete
MV-RS Maintenance Policy V2.5 2
141
Attachment B
System Maintenance Policy
MV-RS
repairs and return equipment to the Customer with an invoice for the repairs and
applicable freight charges.
If the estimate is not accepted by the Customer and the Customer requests the
equipment be returned unrepaired, Itron reserves the right to return the
equipment to the Customer unrepaired with an invoice for return freight and one
(1) hour of labor at the prevailing labor rate. Units scrapped at Itron may be
subject to an estimation fee, not exceeding one (1) hour of labor at the prevailing
labor rate.
Itron Responsibilities
Services
1. Support Services Hours: For the purpose of categorizing delivery of the services
outlined herein, the following schedules will be in effect.
Regular Business Hours: 5:00 AM to 5:00 PM, Monday through Friday
Overtime Hours: 5:00 PM to 5:00 AM, Monday through Friday
5:00 AM to 5:00 PM, Saturdays
Sunday / Holiday Hours: After 5:00 PM, Saturdays, and / or days preceding
Itron Holidays, until 5:00 AM, Mondays, and / or
days following Itron Holidays.
All times are Pacific Standard / Daylight Time.
Itron Holidays will be listed and communicated in writing (at Customer’s requests) not
later than December 30, for the following year.
2. Covered Components: Itron will maintain a database of Customer-owned equipment
and software, including equipment serial numbers and shipping dates. At Customer’s
request, Itron will provide a printed copy of this database for Customer verification of
equipment and maintenance coverage. Services performed as part of this Agreement
will be limited to those items listed.
Any or all Customer-owned equipment added to this Agreement beyond expiration of
product warranty may, at Itron’s discretion, be subject to a qualifying maintenance
inspection. Itron and Customer agree that qualifying maintenance inspections will be
performed not later than ninety (90) days after a component is added to this
Agreement at Itron’s then current rates.
MV-RS Maintenance Policy V2.5 3
142
Attachment B
System Maintenance Policy
MV-RS
If qualifying maintenance inspection reveals that repairs, as determined by Itron, are
necessary to render the equipment operable and serviceable, it shall be the
Customer’s option either to:
a) Accept additional charges for equipment repair or
replacement at rates or prices in effect, or:
b) Delete that equipment from the list of Covered Components,
in which case the Agreement price will be adjusted to reflect
the changes.
3. Related Documentation: Itron will provide one original set of applicable operations
publications necessary to operate covered equipment and software as part of this
Agreement, with additional copies available at Itron’s then current List Price(s).
Engineering blueprints, procedures, source code, proprietary protocols, and / or
additional Itron technical documents not necessary for operation of the System will
be considered Itron Proprietary and will not be furnished as part of this Agreement.
4. Support Services Hotline: Customer Coordinator will notify Itron of any / all problems
that affect system / unit performance as soon as practical. Itron will make available
a Support Services Hotline for questions and Service Requests. The Support Services
telephone number is (800) 635-8725 and live working hours are Monday - Friday, 5
a.m. to 5 p.m., PST. Support Services After Hours assistance is available for severity 1
(Severe Business Impact) issues only (severity levels defined in Itron’s “Working
Effectively with Itron Support Services”).
In addition to Itron’s Support Services Hotline, Customer personnel may contact Itron
via Itron’s Support Services FAX number, (509) 891-3553, or via Itron’s Support
Services email address; support@Itron.com. Assistance with problems that affect
meter reading or customer billing activities should first be reported to Itron’s Support
Services Hotline. Itron also offers on-line Support Services at
www.eKnowledge.Itron.com for self service access to customer-specific Service
Requests, software updates, etc.
Please reference Itron’s “Working Effectively with Itron Support Services” for
additional contact details.
5. Technical Support: Itron will make available qualified technical representatives,
during Regular Business Hours to assist the Customer with operation of the System.
This technical support includes, but is not limited to, equipment configuration, file
MV-RS Maintenance Policy V2.5 4
143
Attachment B
System Maintenance Policy
MV-RS
management, report generation, interpretation of error messages, problem diagnosis,
and recommendations for fully utilizing system capabilities.
Itron also will answer questions regarding procedures, documentation, operation,
maintenance, training, and system enhancements. Technical Support is available via
Itron’s toll-free Support Services Hotline, (800) 635-8725.
6. Software Releases: Itron will provide Software Releases as described below for
operation and maintenance of Customer’s System. The Software Releases will be
provided for Customer’s exclusive use. Customer will keep the System software
current by installing all Maintenance Releases, as defined below, supplied by Itron.
Customer installed System Software which does not include one of Itron’s two most
current Scheduled Maintenance Release versions will be defined as non-current or as
a Custom Release, as described herein. Itron’s Software Releases are further
defined as follows:
a) Critical Maintenance Release(s): A Critical Maintenance
Release will be forwarded to the Customer in response to
critical problems. Critical problems are defined as those
problems which interrupt the Customer’s ability to read
meters or execute customer billing. Critical problems will
receive priority over all other reported problems, with
corrective actions and timetables reported to Itron and
Customer management personnel. Upon written request
from the Customer, a Critical Maintenance Release may be
forwarded prior to Itron’s completion of a full system test.
Since these expedited corrections are not fully system
tested, all responsibility for results, errors or damages
remain with the Customer.
b) Scheduled Maintenance Release(s): The Customer will
receive from Itron, as part of this Agreement, all Scheduled
Maintenance Releases for the Customer’s licensed, current,
(standard) Software Product version. Scheduled
Maintenance Releases, which are issued periodically,
maintain original software functionality and include available
fixes for reported, verified, and corrected problems.
Maintenance Releases may be discontinued if there are no
outstanding problems.
MV-RS Maintenance Policy V2.5 5
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c) System Release(s): Itron, at its sole discretion, will make
available System Releases which provide new software
functionality and / or migrate Itron Software Products onto
other vendors’ computing equipment or software operating
systems not available or licensed with the original System
purchase. Itron reserves the right to invoice for these
System Releases upon Customers request to expand to the
newly offered license, at Itron’s then-current prices.
d) Custom Release(s): Custom Releases are issued in
response to modification requests submitted in writing to
Itron by the Customer. If the modification is significant in
size or scope, Itron may elect to send, at Customer’s
expense, a technical representative on-site to finalize the
design of the modification. If Itron chooses to perform the
modification work, it will submit a bid that includes
requirement definition, project management, design,
programming, documentation, testing, implementation, and
maintenance. A System with software that contains
Customer-specific modifications, a non-current Release, or
incompatible operating system version becomes a “Custom
System.” Maintenance Releases, meter protocol inclusions,
modifications, upgrades, or enhancements to Custom
Systems will be provided as part of this Agreement, subject
to separate price quotation.
Installation of Software Releases for Customer-licensed Software is the responsibility
of the Customer. Itron will, at the Customer’s request, install any Software Release
provided under this Agreement, at the prevailing rate(s) in effect. Travel and living
expenses will be invoiced to the Customer at Itron’s costs.
7. Software Library: Itron will maintain a copy of Itron’s then current, licensed, software
version at its Spokane, WA facility, which will be made available to the Customer as
necessary to reload corrupted or inoperative software.
8. Field Engineering Support: In those instances where problem analysis of the
Customer’s meter reading system by telephone is neither successful nor expedient,
and upon mutual agreement between Itron and the Customer, Itron will dispatch Field
Engineering personnel to the Customer’s location during Regular Business Hours.
MV-RS Maintenance Policy V2.5 6
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These services will be provided at no charge as part of this Agreement within the first
ninety (90) days of System installation / start-up. Such services provided by Itron
beyond this initial ninety (90) day period will be invoiced to the Customer at the hourly
rates in effect at the time of service. Reasonable travel and living expenses will be
invoiced at Itron’s cost.
9. Preventive Maintenance: Itron will provide annual Preventive Maintenance service
during Regular Business Hours, to include labor and materials, for Customer
equipment registered in Itron’s Service Database, as part of this Agreement. Itron
agrees to complete scheduled preventive maintenance service and return the
serviced equipment to the Customer as follows:
a. G5/G5R - within three (3) working days after receipt
b. FC200/ FC200R – within five (5) to seven (7) working days of receipt, based
on multiple vendor repair requirements.
10. Corrective Maintenance: Itron will provide Corrective Maintenance service for Itron
equipment including labor and materials, during Regular Business Hours at its
servicing location. Upon receiving equipment, Itron will complete Corrective
Maintenance service necessary to return the equipment to original operating
specifications, excluding minor cosmetic deficiencies (blemishes, dents, scratches,
etc.). Replacement parts furnished will be new, or like new in condition, and be
functional equivalents to parts removed from service. Defective parts removed from
service by Itron will become the property of Itron. Itron agrees to complete corrective
maintenance service and return the serviced equipment to the Customer as outlined
in the Preventative Maintenance section, above.
Additionally, Itron will provide Preventive Maintenance service concurrently with
Corrective Maintenance services.
Any software or replacement part furnished at request of Customer that would
represent an upgrade or enhancement over original equipment specifications may
not be covered by the charges herein, but may be provided under this Agreement at
Itron’s then current prices.
Replacement:
11. Handheld Damage Coverage / Replacement: Itron’s products are designed to
meet documented field use specifications. The units are tested to Military
Standard 810F by technically qualified engineers. Damage assessments for
handhelds returned for repair are based on these specifications, as tested in a
controlled environment. The significance of a given drop and resulting damage
is influenced by a number of additional factors including, the environment (rocks,
MV-RS Maintenance Policy V2.5 7
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metal, etc), the drop position (face, corners, etc), the drop velocity (spinning,
from moving car, etc) or those items in contact with the unit, such as a meter
reader falling with the unit in their hand. These situations create additional
impact force to a dropped handheld unit, resulting in potential damage. Further,
the overall resilience of the handheld can also be affected by ongoing Customer
use, care and management practices, in addition to the overall age of the
product itself. Itron utilizes these indicators to complete practical, accurate
damage assessments for each unit received for repair.
Damage Repairs: Itron’s Maintenance coverage provides repairs for accidental
damage to units, including drops of the varieties described above. The unit is brought
to full field operation standards under Itron’s high quality repair process, at no
additional expense.
Replacement: Itron’s Maintenance coverage will not include repairs for handheld
units that are determined to be damage beyond repair or beyond the economic value
of a replacement unit. For units found in this exception condition, whether caused by
natural disaster (fire, flood) or through neglect (crushing, corrosion, theft) the
Customer is responsible for the replacement of the unit. Itron will contact the
Customer to outline the extent of the damage and validating the disposition of the
unit. The damaged unit will be removed from the Customer’s inventory. Customer
may then contact Itron Order Processing to order a replacement unit, at their
expense).
12. Return Freight: Upon completion of services, Itron will return Covered Components to
the Customer via prepaid freight, with the same level of freight service as received
from the Customer (ground freight, 2nd day, Next day delivery, etc.).
13. Loaner Equipment: As part of this Agreement and upon Customer request, Itron will
provide loaner equipment to the Customer for incidental hardware needs, provided:
a) Customer purchases and maintains an inventory of spare
equipment, in quantities not less than ten percent (10%) of
equipment quantities covered under this Agreement
(minimum quantity 1), and;
b) Equipment covered under this Agreement has received
Preventive Maintenance service during the preceding twelve
(12) month period, and;
c) Customer has exhausted its own supply of spare equipment
due to repairs not related to physical damage, and;
MV-RS Maintenance Policy V2.5 8
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d) Itron has, for whatever reason, exceeded its three (3) day (or
five (5) day in the case of FC200 handhelds) equipment
repair turnaround time.
Customer agrees that any Itron-owned equipment and / or software furnished as part
of this Agreement will remain the property of Itron and be returned promptly upon
receipt of customer’s serviced equipment. Itron-owned property not returned within
fourteen (14) days from shipment of Customer equipment are subject to a monthly
rental invoice in the amount of ten percent (10%) of the product’s current List Price
for each thirty (30) day period or partial period the materials remain unreturned.
Handstraps,
14. Batteries, Handstraps, and Antennas: Itron will replace handheld computer
batteries, handstraps, and antennas – not to exceed one of each item per unit, per
twenty-four (24) month period. Itron may, at its discretion, request return shipment of
Customer materials via pre-paid freight, prior to shipment of replacement materials.
15. Technician Analysis Reports: Itron will return a Technician Analysis Report with each
repaired piece of equipment. At a minimum, this report will include a description of
the problem, corrective actions, a list of parts replaced, and recommendations for
future use. Additionally, the name and telephone number of Itron’s servicing
technician will be provided.
MV-RS Maintenance Policy V2.5 9
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Attachment B
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MV-RS
Supplemental Services
1. Supplemental Services: Services that are not covered as part of this Agreement will
be categorized as Supplemental Services. Itron shall have no obligation for the
following Supplemental Services, but if such services are available, at Customer’s
option, they can be provided at Itron’s then prevailing rate for labor, materials, and
expenses (Schedule A). Supplemental Services will include, but not be limited to, the
following:
a) Service on software or equipment that has been improperly
installed or operated outside manufacturer specifications.
b) Service on software or equipment not specifically identified
in Itron’s Service Database.
c) Installation of Software Releases for Customer-licensed
Software.
d) Service related to Critical Maintenance Releases that were
forwarded at Customer’s request, prior to completion of full
system testing.
e) Services or expenses outlined as Customer Responsibilities
in this Agreement.
f) Equipment accessories, such as meter probes, shoulder
straps, belt holsters, etc., except batteries, handstraps, and
antennas.
g) Service Requests that include services, overtime or holiday
coverage, response / return times, special freight or
expenses over and above the Itron Responsibilities as
outlined in this Agreement.
h) Equipment repairs due to damage or neglect, to include
circuit board corrosion on equipment that has not been
returned for annual preventive maintenance service, and
repairs due to damage or alteration by persons other than
Itron Service Representatives.
i) Rental equipment provided at the request of the customer,
exclusive of Itron furnished Loaner equipment provision (i.e.,
equipment supplied to cover large shortage requirements
such as fire, flood, theft, acts of God, etc.).
j) Services provided due to inoperative mainframe or personal
computer processing equipment, network equipment,
MV-RS Maintenance Policy V2.5 10
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Attachment B
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customer-modified software, and / or third-party software
not required for operation of the System.
k) Special investigations, tests, data, reports, or documentation
not specifically included as part of this Agreement.
l) Software fixes on problems that do not compromise the
transmission of meter reading or System billing information,
prior to scheduled Software Releases.
m) Upgrades or enhancements.
n) Damage resulting from electrical power, air conditioning, or
humidity control failure.
o) Communication problems related to telephone lines,
modems, network connections, etc.
p) Training Services.
MV-RS Maintenance Policy V2.5 11
150
MUTUAL NONDISCLOSURE AGREEMENT
THIS MUTUAL NONDISCLOSURE AGREEMENT (“Agreement”) is entered into this
fifteenth day of December, 2009, by and between Mountain States Pipe and Supply Co., Inc.
(“Mountain States”), a Colorado corporation, and the City of Louisville, CO (“City”), a home
rule municipal corporation of the State of Colorado. Mountain States and the City are
individually referred to herein from time to time as a “Party” and collectively referred to
herein as the “Parties.”
RECITALS
WHEREAS, the City has entered into or will enter into an agreement with Mountain
States for Mountain States to install software and updated water meters to replace outdated
meters to allow for remote reading of such water meters (which work is referred to as the
“meter replacement project”); and
WHEREAS, in order to install the water meters and software, Mountain States needs
to obtain from the City utility billing information about certain City customers that receive
water service from the City; and
WHEREAS, pursuant to § 24-72-204(3)(a)(IX) C.R.S., the names, addresses,
telephone numbers and personal financial information of City Customers are confidential and
cannot be released to the general public; except that such section does not prohibit the
publication of such information in an aggregate or statistical form so classified as to prevent the
identification, location or habits of individuals; and
WHEREAS, the Parties may also determine to disclose other confidential and
proprietary information of a technical or commercial nature to each other for the meter
replacement project; and
WHEREAS, for the purpose of the Parties obtaining confidential information for the
meter replacement project, and to protect the integrity of such information once provided, the
Parties desire to enter into this Agreement.
NOW THEREFORE, Mountain States and the City agree as follows:
1. As used in this Agreement, the term "Confidential Information" means the utility
billing information provided by the City to Mountain States and any and all
confidential, proprietary or secret information, including that conceived or developed
by either Party, applicable to or in any way related to (i) the present or future business
of either Party, (ii) the research and development of either Party, or (iii) the business
of any customer or vendor of either Party. Such Confidential Information includes, by
way of example and without limitation, trade secrets, formulas, data, program
documentation, algorithms, source codes, object codes, improvements, inventions,
techniques, all plans or strategies for marketing, development and pricing, and all
information concerning existing or potential customers or vendors. Confidential
Information also includes all similar information disclosed to either Party by other
persons.
151
2. Each Party will not disclose or use any Confidential Information without the prior
written consent of the other Party and then only to the extent specified in such
consent. Confidential Information may be used and disseminated within the receiving
Party's own organization only to the extent reasonably required for the purposes
hereof. Confidential Information may not be copied by the receiving Party. The
Parties agree that Confidential Information exchanged hereunder remains the property
of the discloser.
3. Each Party shall maintain the Confidential Information of the other designated as
“company confidential” or equivalent, with access only by those employees
specifically authorized. The Parties shall authorize access to the Confidential
Information of the other only by its employees who have entered into appropriate
confidentiality agreements and shall ensure compliance with the terms of such
agreements.
4. Mountain States hereby designates Jerry Uhlman, Paul Carroll and Mario Mileto as
the employees who are authorized to obtain confidential information from the City.
The City hereby designates Tom Phare and Ken Mason as the employees who are
authorized to obtain Confidential Information from the Mountain States. All
Confidential Information released by the Parties is subject to the terms and provisions
of this Agreement.
5. The Parties hereby agree to store and maintain all Confidential Information received
from the other Party in a secure place, physically and/or electronically, and to keep
adequate records of what Confidential Information is received and the disposition
thereof.
6. Such restrictions on use or disclosure of Confidential Information do not extend to any
item of information which (i) is publicly known at the time of its disclosure, (ii) is
lawfully received from a third-party not bound in a confidential relationship to the
other Party, (iii) is published or otherwise made known to the public by the other
Party, (iv) was generated independently before its receipt from the other Party, or (v)
is required to be disclosed pursuant to the Public (Open) Records Act, § 24-72-101 et
seq. C.R.S., as amended, or by federal law or order of a court or administrative agency
of competent jurisdiction.
7. Pursuant to Provision 2 of this Agreement, the City hereby grants its consent for
Mountain States to use the utility billing information that it provides to Mountain
States for Mountain States’ use in the meter replacement project. Mountain States
shall retain in strictest confidence all utility billing information furnished by City, and
shall restrict access to such utility billing information to those persons who are
employees, agents or contractors of Mountain States whose duties and responsibilities
require such access in order for Mountain States to complete the meter replacement
project, and shall make certain that utility billing information is not disclosed to third
parties or unauthorized persons. Any disclosure to persons other than the above-noted
employees, agents or contractors of Mountain States shall require the advance written
approval of the City.
8. This Agreement is effective December 1, 2009, and shall terminate on September 1,
2010, unless sooner terminated as provided below. Notwithstanding the provisions of
the preceding sentence, this Agreement (a) may be terminated for cause by either
Party if the other Party is in default of a material term or provision of this Agreement
and such defaulting Party fails to cure the same within 30 days after written notice
from the non-defaulting Party, specifying the nature and extent of the default; and (b)
may be terminated by either Party upon 30 days written notice if, irrespective of cause
or fault, there has been more than one unauthorized release of Confidential
Information by a Party or a Party’s data system. In the event of any termination of this
Agreement, the Parties shall return to each other or dispose in a manner agreed to by
the Parties in writing all confidential information previously provided by the Parties.
152
The Parties’ obligations to maintain the confidentiality of information, and for
indemnification as provided in Section 9, below, shall survive any termination hereof.
All obligations of the Parties shall terminate three years after the date hereof, provided
the Party has complied with its obligations to return or dispose of all Confidential
Information receive.
9. To the extent authorized by law, Mountain States shall be responsible for and shall
indemnify and hold the City harmless against all claims, liabilities, damages,
judgments and expenses (including court costs and reasonable attorneys’ fees)
resulting from any violation of this Agreement by Mountain States, its employees,
agents or contractors, or from any act or omission of Mountain States, its employees,
agents or contractors related to the use of confidential information provided by the
City pursuant to this Agreement. A Party shall promptly notify the other Party of any
inadvertent or other unauthorized release of any Confidential Information covered by
this Agreement, and shall use its best efforts to secure the recovery or destruction of
the confidential information released.
10. Upon demand by the other Party, each Party shall return any Confidential Information
of the other and all physical media on which it was received, including any copies
thereof, with a letter confirming that the Confidential Information has in no way been
reproduced or copied or that all copies have been returned. This Agreement shall be
binding on the parties and their successors and assignees. This Agreement shall be
governed by the laws of the State of Colorado.
11. This Agreement may not be assigned without the prior written consent of either Party,
which shall not be unreasonably withheld, conditioned or delayed.
12. This Agreement may be altered, amended or repealed only by written instrument duly
signed by the Parties hereto.
13. This Agreement constitutes the entire Agreement between Mountain States and the
City, and replaces all written or oral agreement and understandings between the
Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original as of the date
set forth above.
MOUNTAIN STATES PIPE AND SUPPLY CO.
By:
Title:__________________________________
ATTEST:
Secretary
CITY OF LOUISVILLE
By:
Charles Sisk, Mayor
ATTEST:
Nancy Varra, City Clerk
153
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: RESOLUTION NO. 43, SERIES 2009 – A RESOLUTION ESTABLISHING
WATER, WASTEWATER, AND STORM WATER UTILITY FEES
EFFECTIVE JANUARY 1, 2010 FOR THE CITY OF LOUISVILLE,
COLORADO
ORIGINATING DEPARTMENT: CITY MANAGER’S OFFICE
SUMMARY:
Attached is a resolution setting water, wastewater, and stormwater utility rates for the year
2010. In order to keep pace with increases in energy, material and labor costs, staff
recommends a 1.0% increase in water rates and a 0.0% increase in wastewater rates, effective
January 1, 2010. Staff also recommends a 25-cent increase in monthly storm water fees for
single family accounts and a proportionate increase for all other accounts.
FISCAL IMPACT:
A 1.0% utility rate increase will increase the minimum water billing for each residential account
from $10.14 to $10.24. The residential sewer charge will stay the same at $14.34 per month.
Appendix A to the resolution provides the 2010 rate information for each consumption tier. A
25-cent increase in monthly storm water fees will increase the single-family fee from $2.75 to
$3.00.
Staff estimates that the proposed rate increases will add approximately $42,000 to the 2010
Water Utility Fund revenue and approximately $38,000 to the 2010 Storm Water Fund revenue.
These increases were included in the 2010 budget, as approved on November 2, 2009.
RECOMMENDATION:
Staff recommends that Council approve the attached resolution setting utility fees for 2010.
ATTACHMENT:
1. Resolution No. 43, Series 2009
2. Appendix A – Water Rates
SUBJECT AGENDA ITEM
RESOLUTION NO. 43, SERIES 2009 8F
154
RESOLUTION NO. 43
SERIES 2009
A RESOLUTION ESTABLISHING WATER, WASTEWATER, AND STORM
WATER UTILITY FEES EFFECTIVE JANUARY 1, 2010 FOR THE CITY OF
LOUISVILLE, COLORADO
WHEREAS, pursuant to the City of Louisville Charter and the City of
Louisville Municipal Code, the City Council is authorized to fix, establish,
maintain, and provide for the collection of rates, fees, and charges for water,
wastewater, and storm water utility services furnished by the City; and
WHEREAS, the City Council by this resolution desires to establish the
various rates, fees, and charges for City utility services, effective January 1,
2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LOUISVILLE, COLORADO:
SECTION 1. For water and wastewater services provided by the City, the
following rates, fees, and charges shall apply effective January 1, 2010:
• Inside-City Meter Rates – The meter rates for water usage and for
wastewater services for users within the City limits shall be as set forth in
Appendix A.
• Outside-City Meter Rates – The meter rates for water usage and for
wastewater services for users outside the City limits shall be double the
rate for users inside City limits.
• Bulk Water Rate – The bulk water user shall be charged an annual permit
fee of $500.00 plus a usage fee of $9.05 per 1,000 gallons used.
SECTION 2. For storm water utility services provided by the City, the following
rates, fees, and charges shall apply effective January 1, 2010:
• Single-Family Residential Accounts – The monthly fee for a single-family
residential account shall be $3.00.
• Non-Single-Family Residential Accounts and All Other Accounts – The
monthly fee for each non-single-family residential account shall be
determined by dividing the calculated total square footage of impervious
area on the property by the runoff area unit (RAU) of 3,500 and multiplying
the result by the $3.00 base rate.
155
PASSED AND ADOPTED this 15th day of December 2009.
City of Louisville
By:
Charles L. Sisk
Mayor
ATTEST:
By:
Nancy Varra
City Clerk
156
Appendix A
WATER RATES
Effective January 1, 2010, water rates for all accounts inside city limits
are as follows (outside city limits = double these rates):
RESIDENTIAL ACCOUNTS
GALLONS RATE
Zero - 5,000 $10.24 (minimum monthly charge)
5,001 - 20,000 $10.24 for the first 5,000 gallons, plus
$2.94 for each additional 1,000 gallons (or
fraction thereof)
20,001 - 30,000 $54.34 for the first 20,000 gallons, plus
$7.35 for each additional 1,000 gallons (or
fraction thereof)
30,001 - 40,000 $127.84 for the first 30,000 gallons, plus
$7.93 for each additional 1,000 gallons (or
fraction thereof)
40,001 - 50,000 $207.14 for the first 40,000 gallons, plus
$8.48 for each additional 1,000 gallons (or
fraction thereof)
50,001 and over $291.94 for the first 50,000 gallons, plus
$9.05 for each additional 1,000 gallons (or
fraction thereof)
2010 Utility Rates
157
Appendix A
RESIDENTIAL ACCOUNTS - 1" TAP SIZE
GALLONS RATE
Zero - 5,000 $10.24 (minimum monthly charge)
5,000 - 20,000 $10.24 for the first 5,000 gallons, plus
$2.94 for each additional 1,000 gallons
(or fraction thereof)
20,001 - 30,000 $54.34 for the first 20,000 gallons, plus
$7.35 for each additional 1,000 gallons
(or fraction thereof)
30,001 - 40,000 $127.84 for the first 30,000 gallons, plus
$7.93 for each additional 1,000 gallons
(or fraction thereof)
40,001 - 50,000 $207.14 for the first 40,000 gallons, plus
$8.48 for each additional 1,000 gallons
(or fraction thereof)
50,001 and over $291.94 for the first 50,000 gallons, plus
$9.05 for each additional 1,000 gallons
(or fraction thereof)
2010 Utility Rates
158
Appendix A
3/4" Tap Size for Commercial and Irrigation Accounts
GALLONS RATE
Zero - 20,000 $10.24 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
20,001 - 30,000 $69.04 for the first 20,000 gallons, plus
$7.35 for each additional 1,000 gallons (or
fraction thereof)
30,001 - 40,000 $142.54 for the first 30,000 gallons, plus
$7.93 for each additional 1,000 gallons (or
fraction thereof)
40,001 - 50,000 $221.84 for the first 40,000 gallons, plus
$8.48 for each additional 1,000 gallons (or
fraction thereof)
50,001 and over $306.64 for the first 50,000 gallons, plus
$9.05 for each additional 1,000 gallons (or
fraction thereof)
2010 Utility Rates
159
Appendix A
1" Tap Size for Commercial and Irrigation Accounts
Multi-Family Accounts with 2 Units
GALLONS RATE
Zero - 40,000 $20.47 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
40,001 - 60,000 $138.07 for the first 40,000 gallons, plus
$7.35 for each additional 1,000 gallons
(or fraction thereof)
60,001 - 80,000 $285.07 for the first 60,000 gallons, plus
$7.93 for each additional 1,000 gallons
(or fraction thereof)
80,001 - 100,000 $443.67 for the first 80,000 gallons, plus
$8.48 for each additional 1,000 gallons
(or fraction thereof)
100,001 and over $613.27 for the first 100,000 gallons, plus
$9.05 for each additional 1,000 gallons
(or fraction thereof)
2010 Utility Rates
160
Appendix A
1 1/2" Tap Size for Commercial and Irrigation Accounts
Multi-Family Accounts with 3 to 6 Units
GALLONS RATE
Zero - 80,000 $30.71 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
80,001 - 120,000 $265.91 for the first 80,000 gallons, plus
$7.35 for each additional 1,000 gallons
(or fraction thereof)
120,001 - 160,000 $559.91 for the first 120,000 gallons, plus
$7.93 for each additional 1,000 gallons
(or fraction thereof)
160,001 - 200,000 $877.11 for the first 160,000 gallons, plus
$8.48 for each additional 1,000 gallons
(or fraction thereof)
200,001 and over $1,216.31 for the first 200,000 gallons,
plus $9.05 for each additional 1,000
gallons (or fraction thereof)
2010 Utility Rates
161
Appendix A
2" Tap Size for Commercial and Irrigation Accounts
Multi-Family Accounts with 7 to 11 Units
GALLONS RATE
Zero - 160,000 $40.89 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
160,001 - 240,000 $511.29 for the first 160,000 gallons,
plus $7.35 for each additional 1,000
gallons (or fraction thereof)
240,001 - 320,000 $1,099.29 for the first 240,000 gallons,
plus $7.93 for each additional 1,000
gallons (or fraction thereof)
320,001 - 400,000 $1,733.69 for the first 320,000 gallons,
plus $8.48 for each additional 1,000
gallons (or fraction thereof)
400,001 and over $2,412.09 for the first 400,000 gallons,
plus $9.05 for each additional 1,000
gallons (or fraction thereof)
2010 Utility Rates
162
Appendix A
3" Tap Size for Commercial and Irrigation Accounts
Multi-Family Accounts with 12 to 26 Units
GALLONS RATE
Zero - 320,000 $81.90 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
320,001 - 480,000 $1,022.70 for the first 320,000 gallons,
plus $7.35 for each additional 1,000
gallons (or fraction thereof)
480,001 - 640,000 $2,198.70 for the first 480,000 gallons,
plus $7.93 for each additional 1,000
gallons (or fraction thereof)
640,001 - 800,000 $3,467.50 for the first 640,000 gallons,
plus $8.48 for each additional 1,000
gallons (or fraction thereof)
800,001 and over $4,824.30 for the first 800,000 gallons,
plus $9.05 for each additional 1,000
gallons (or fraction thereof)
2010 Utility Rates
163
Appendix A
4" Tap Size for Commercial and Irrigation Accounts
Multi-Family Accounts with 27 to 47 Units
GALLONS RATE
Zero - 640,000 $163.79 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
640,001 - 960,000 $2,045.39 for the first 640,000 gallons,
plus $7.35 for each additional 1,000
gallons (or fraction thereof)
960,001 - 1,280,000 $4,397.39 for the first 960,000 gallons,
plus $7.93 for each additional 1,000
gallons (or fraction thereof)
1,280,001 - 1,600,000 $6,934.99 for the first 1,280,000 gallons,
plus $8.48 for each additional 1,000
gallons (or fraction thereof)
1,600,001 and over $9,648.59 for the first 1,600,000 gallons,
plus $9.05 for each additional 1,000
gallons (or fraction thereof)
2010 Utility Rates
164
Appendix A
6" Tap Size for Commercial and Irrigation Accounts
Multi-Family Accounts with 48 or more Units
GALLONS RATE
Zero - 1,280,000 $327.61 (minimum monthly charge), plus
$2.94 for each 1,000 gallons (or fraction
thereof)
1,280,001 - 1,920,000 $4,090.81 for the first 1,280,000 gallons,
plus $7.35 for each additional 1,000
gallons (or fraction thereof)
1,920,001 - 2,560,000 $8,794.81 for the first 1,920,000 gallons,
plus $7.93 for each additional 1,000
gallons (or fraction thereof)
2,560,001 - 3,200,000 $13,870.01 for the first 2,560,000 gallons,
plus $8.48 for each additional 1,000
gallons (or fraction thereof)
3,200,001 and over $19,297.21 for the first 3,200,000 gallons,
plus $9.05 for each additional 1,000
gallons (or fraction thereof)
2010 Utility Rates
165
Appendix A
SEWER RATES
Effective January 1, 2010, sewer rates for all accounts inside city limits
are as follows (outside city limits = double these rates):
RESIDENTIAL ACCOUNTS
Residential sewer is $14.34 per month, regardless of water use.
This charge is per unit for multi-family dwellings.
2010 Utility Rates
166
Appendix A
Commercial sewer rates for summer months
(May, June, July, August, and September):
GALLONS RATE
Zero - 20,000 $17.98 (minimum monthly charge)
20,001 - 30,000 $17.98 for the first 20,000 gallons, plus $1.00 for each
additional 1,000 gallons (or fraction thereof)
30,001 - 40,000 $27.98 for the first 30,000 gallons, plus $1.03 for each
additional 1,000 gallons (or fraction thereof)
40,001 - 50,000 $38.28 for the first 40,000 gallons, plus $1.10 for each
additional 1,000 gallons (or fraction thereof)
50,001 - 60,000 $49.28 for the first 50,000 gallons, plus $1.18 for each
additional 1,000 gallons (or fraction thereof)
60,001 - 70,000 $61.08 for the first 60,000 gallons, plus $1.32 for each
additional 1,000 gallons (or fraction thereof)
70,001 - 80,000 $74.28 for the first 70,000 gallons, plus $1.42 for each
additional 1,000 gallons (or fraction thereof)
80,001 - 90,000 $88.48 for the first 80,000 gallons, plus $1.49 for each
additional 1,000 gallons (or fraction thereof)
90,001 and over $103.38 for the first 90,000 gallons, plus $1.60 for each
additional 1,000 gallons (or fraction thereof)
2010 Utility Rates
167
Appendix A
Commercial sewer rates for winter months
(October, November, December, January, February, March, April):
GALLONS RATE
Zero - 15,000 $17.25 (minimum monthly charge)
15,001 - 20,000 $17.25 for the first 15,000 gallons, plus $1.07 for each
additional 1,000 gallons (or fraction thereof)
20,001 - 30,000 $22.60 for the first 20,000 gallons, plus $1.18 for each
additional 1,000 gallons (or fraction thereof)
30,001 - 40,000 $34.40 for the first 30,000 gallons, plus $1.32 for each
additional 1,000 gallons (or fraction thereof)
40,001 - 50,000 $47.60 for the first 40,000 gallons, plus $1.43 for each
additional 1,000 gallons (or fraction thereof)
50,001 - 60,000 $61.90 for the first 50,000 gallons, plus $1.55 for each
additional 1,000 gallons (or fraction thereof)
60,001 - 70,000 $77.40 for the first 60,000 gallons, plus $1.67 for each
additional 1,000 gallons (or fraction thereof)
70,001 - 80,000 $94.10 for the first 70,000 gallons, plus $1.84 for each
additional 1,000 gallons (or fraction thereof)
80,001 - 90,000 $112.50 for the first 80,000 gallons, plus $1.95 for each
additional 1,000 gallons (or fraction thereof)
90,001 and over $132.00 for the first 90,000 gallons, plus $2.09 for each
additional 1,000 gallons (or fraction thereof)
2010 Utility Rates
168
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: RESOLUTION NO. 44, SERIES 2009 - A RESOLUTION ADOPTING
BUILDING VALUATION TABLE, PERMIT FEES AND OTHER FEES FOR
PERMITS, INSPECTIONS, WORK, OR SERVICES UNDER OR PURSUANT
TO THE INTERNATIONL CODES AND NATIONAL ELECTRICAL CODE
SET FORTH IN TITLE 15 OF THE LOUISVILLE MUNICIPAL CODE
ORIGINATING DEPARTMENT: PLANNING DEPARTMENT / BUILDING SAFETY DIVISION
SUMMARY:
The City’s building permit fees were last amended in 2003. At the current level of building activity
staff expects the existing permit fees to generate about $325,000, or roughly 80% of the cost of
salaries and benefits for the staff in the Building Safety Division (and not including any allocation
for permit review costs in the Public Works Department or overhead associated with Information
Technology, Payroll and Accounting, Human Resources, Facilities Maintenance, Fleet or other
elements of overhead. Staff recommends that the fees be updated to cover a greater share of the
costs associated with building safety reviews.
During the December 1, 2009 meeting the City Council approved Ordinance No. 1562, Series
2009 adopting the 2009 International Building Codes. In the past, the fee tables were incorporated
into the Building Code. However, with the 2009 Codes staff recommended that the fee tables be
removed from the Code and instead adopted by a separate resolution. The attached Resolution
would do that.
The proposed valuation table (Exhibit A of the Resolution) reflects the latest version (2009)
published in the Building Standards Magazine. This table is based on actual construction cost
data from across the nation is the most commonly used reference source that communities
around the country use to establish valuation. This table is used to establish the minimum
valuation for a specific project by using the most current value per square foot based on
occupancy and construction type. From this value per square foot of construction the total value of
the permitted construction can then be applied to the specific updated permit fees (Exhibit B of the
Resolution).
Staff recommends adopting the 2009 valuation table and updating the permit fees as shown in
Exhibit B. These changes would represent an increase in permit fees of about 4% for residential
projects, up to almost 16% for some commercial projects and over 100% for single trade permits.
However, these increases represent an increase in total project costs of less than 1% in all cases
except the minor permits. Tables 1, 2 and 3 show the effect of the proposed fee increases on a
residential project, commercial projects of differing values, and on minor permits. Staff estimates
SUBJECT AGENDA ITEM
RESOLUTION NO. 44, SERIES 2009
8G
169
PAGE TWO
SUBJECT: RESOLUTION NO. 44, SERIES 2009
DATE: DECEMBER 15, 2009
that the fee increases would generate about $75,000 in additional revenue in 2010, assuming
the same level of building activity as 2009. This would cover about 100% of the salaries and
benefits of the Building Safety Division (but no overhead) and the fees would more closely
reflect the City’s costs for minor permit inspections and for plan review, inspections and related
costs for administering this service for residential and commercial projects.
In March 2009 the Colorado State University Everitt Real Estate Center published a study
comparing commercial/office building permit fees for 20 local governments on the Front Range.
Louisville was not included in the study. However, staff has used the information from that
study to prepare Table 4 that shows how Louisville’s updated fees would compare with the
2009 fees imposed by the jurisdictions included in the CSU study.
FISCAL IMPACT:
The changes to the valuation table and fee structure will increase fee revenue by about 4% for
residential projects and more than 100% for single trade permits. The increase in project costs
for residential and commercial projects would be less than 1%. Based on 2009 permit activity,
staff estimates the changes would increase total permit revenue by about $75,000 annually and
cover roughly 100% of the cost of salaries and benefits for the staff in the Building Safety
Division (and not including any allocation for permit review costs in the Public Works
Department or overhead associated with Information Technology, Accounting, Payroll, Human
Resources, Facilities Maintenance, Fleet or other elements of overhead. However, the actual
net increase will depend on permit activity in 2010 and subsequent years.
RECOMMENDATION:
Adopt Resolution No. 44, Series 2009 to increase the permit fees and update the valuation
tables for enforcement with the building Code adoption in January 2010.
ATTACHMENT(S):
1. Resolution No. 44, Series 2009
2. Table 1 Comparison of Current Building Fees with Proposed Building Fees Residential
Single Family Home
3. Table 2 Comparison of Current Building Fees with Proposed Building Fees Commercial
Projects
4. Table 3 Comparison of Current Building Fees with Proposed Building Fees Minor Trade
Permits
5. Table 4 Comparison of Louisville’s Proposed Fees with other Front Range Cities and
Counties
170
RESOLUTION NO. 44
SERIES 2009
A RESOLUTION ADOPTING BUILDING PERMIT FEES AND OTHER FEES FOR
PERMITS, INSPECTIONS, WORK, OR SERVICES UNDER OR PURSUANT TO
THE INTERNATIONAL CODES AND NATIONAL ELECTRICAL CODE SET
FORTH IN TITLE 15 OF THE LOUISVILLE MUNICIPAL CODE
WHEREAS, various provisions of Title 15 of the Louisville Municipal Code
provide that fees for permits, inspections, work, or services under Title 15 of the
Louisville Municipal Code shall be paid in accordance to a fee schedule adopted by
City Council resolution, as may be amended from time to time; and
WHEREAS, the City Council desires to set, by resolution, the amounts of
fees associated with the implementation of the International Codes and the National
Electrical Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LOUISVILLE, COLORADO:
Section 1. The Building Safety Division Valuation Table, establishing
minimum value of permitted construction associated with the International Codes
and the National Electrical Code set forth in Title 15 of the Louisville Municipal Code,
is hereby adopted and shall be as set forth in Exhibit A, attached hereto and
incorporated by reference.
Section 2. The Building Safety Division Fee Schedule, establishing fees
associated with the International Codes and the National Electrical Code set forth in
Title 15 of the Louisville Municipal Code, is hereby adopted and shall be as set forth
in Exhibit B, attached hereto and incorporated by reference.
Section 3. In accordance with C.R.S. § 31-15-602(4)(b), permit fees to
install an active solar energy device or system shall be based on The Building
Safety Division Fee Schedule except that in no event shall permit fees, in aggregate,
be in excess of the lesser of the amount determined by using the foregoing fee
schedule or five hundred dollars ($500.00) for a residential application or one
thousand dollars ($1,000.00) for a nonresidential application. The foregoing limit on
permit fees shall not apply to applications to install utility-scale active solar energy
devices or systems. In accordance with C.R.S. § 31-15-602(4)(b)(II), this section 3 is
repealed effective July 1, 2011 unless the permit fee limitations set forth in C.R.S. §
31-15-602(4)(b)(I) are further extended by the Colorado Legislature.
Section 4. The fees adopted pursuant to this Resolution shall take effect
January 12, 2010.
1
171
PASSED AND ADOPTED this _____ day of
__________________________, 2009.
CITY OF LOUISVILLE, COLORADO
_____________________________
Charles Sisk, Mayor
ATTEST:
_________________________
Nancy Varra, City Clerk
2
172
Exhibit A
BUILDING SAFETY VALUATION TABLE
Square Foot Construction Cost
Building Standards Magazine, August 2009
Occupation Group 2009 IBC 1A 1B 2A 2B 3A 3B 4 5A 5B
A-1 Assembly, theaters, with stage 202.05 195.53 190.98 182.97 172.26 167.18 177.12 157.17 151.38
A-1 Assembly, theaters, without 182.99 176.47 171.91 163.91 153.24 148.16 158.07 138.15 132.36
stage
A-2 Assembly, nightclubs 155.74 151.36 147.50 141.90 133.46 129.73 136.94 121.02 116.96
A-2 Assembly, restaurants, bars, 154.74 150.36 145.50 140.90 131.46 128.73 135.94 119.02 115.96
banquet halls
A-3 Assembly, churches 186.22 179.70 175.15 167.15 156.44 151.36 161.30 141.35 135.56
A-3 Assembly, general, community 157.46 150.93 145.39 138.38 126.08 122.58 132.53 111.57 106.79
halls, libraries
A-4 Assembly, arenas 181.99 175.47 169.92 162.91 151.24 147.16 157.07 136.15 131.36
B Business Includes TF 154.89 149.31 144.53 137.72 125.27 120.56 132.32 109.78 105.26
B Business Core and Shell 123.91 119.45 115.63 110.18 100.22 96.45 105.86 87.83 84.21
E Educational 171.53 165.59 160.55 153.20 141.88 134.72 147.92 123.99 119.32
F-1 Factory and Industrial, moderate 94.86 90.51 85.32 82.51 73.88 70.62 79.19 60.84 57.54
hazard
F-2 Factory and Industrial, low 93.86 89.51 85.32 81.51 73.88 69.62 78.19 60.84 56.54
hazard
H-1 High Hazard, explosives 88.89 84.54 80.35 76.54 69.09 64.83 73.22 56.05 N.P.
H-2, 3, 4 High Hazard 88.89 84.54 80.35 76.54 69.09 64.83 73.22 56.05 51.75
H-5 Hazardous Production Materials 154.89 149.31 144.53 137.72 125.27 120.56 132.32 109.78 105.26
I-1 Institutional, Supervised 159.09 153.50 148.95 142.51 130.74 127.30 138.80 117.44 112.84
Environment
I-2 Institutional, Hospitals 260.68 255.10 250.32 243.51 230.40 N.P. 238.12 214.91 N.P.
I-2 Institutional, Nursing Home 182.27 176.70 171.91 165.10 153.06 N.P. 159.71 137.57 N.P.
I-3 Institutional, Restrained 178.01 172.44 167.66 160.85 149.66 143.95 155.45 134.16 127.64
I-4 Institutional, Daycare Facilities 159.09 153.50 148.95 142.51 130.74 127.30 138.80 117.44 112.84
M Mercantile 115.80 111.42 106.56 101.96 93.15 90.42 97.00 80.71 77.65
R-1 Residential, Hotels 160.44 154.84 150.29 143.85 132.24 128.80 140.31 118.95 114.35
R-2 Residential, Multiple Family 134.26 128.66 124.11 117.67 106.72 103.28 114.78 93.42 88.82
R-3 Residential, One and Two 126.16 122.65 119.64 116.48 112.21 109.30 114.55 105.15 98.95
Family
R-4 Residential, Care/ Assisted 159.09 153.50 148.95 142.51 130.74 127.30 138.80 117.44 112.84
Living
S-1 Storage, Moderate Hazard 87.89 83.54 78.35 75.54 67.09 63.83 72.22 54.05 50.75
S-2 Storage, Low Hazard 86.89 82.54 78.35 74.54 67.09 72.83 71.22 54.05 49.75
U Utility, Miscellaneous 68.86 64.97 60.79 57.48 51.24 47.92 54.61 39.75 37.87
N.P. = Not Permitted
Miscellaneous
Basement Unfinished $30.00
Basement, Finished $25.00
Garage, Attached, Unfinished $37.87
Garage, Finished $30.00
Sunroom/ Porch $20.00
Decks $20.00
Carports $15.00
3
173
Exhibit B
BUILDING SAFETY DIVISION FEE SCHEDULE
BUILDING PERMIT FEES
Total Valuation Fees
$1.00 to $500.00 $28.00
$28.00 for the first $500.00 plus $4.00 for
$501.00 to
each additional $100.00, or fraction thereof, to
$2,000.00
and including $2,000.00
$82.00 for the first $2,000.00 plus $16.00 for
$2,001.00 to
each additional $1,000.00, or fraction thereof,
$25,000.00
to and including $25,000.00
$400.00 for the first $25,000.00 plus $12.00
$25,001.00 to
for each additional $1,000.00, or fraction
$50,000.00
thereof, to and including $50,000.00
$700.00 for the first $50,000.00 plus $8.00 for
$50,001.00 to
each additional $1,000.00, or fraction thereof,
$100,000.00
to and including $100,000.00
$1000.00 for the first $100,000.00 plus $6.00
$100,001.00 to
for each additional $1,000.00, or fraction
$500,000.00
thereof, to and including $500,000.00
$4,0000.00 for the first $500,000.00 plus
$500,001.00 to $5.00 for each additional $1,000.00, or
$1,000,000.00 fraction thereof, to and including
$1,000,000.00
$6,000.00 for the first $1,000,000.00 plus
$1,000,001.00 and
$4.00 for each additional $1,000.00, or
up
fraction thereof
Note: Valuation shall be based upon the August 2009 edition of the Valuation Schedule published
in the American Building Standards magazine published by the International Code Council, which
Schedule is set forth on Exhibit A.
4
174
Other Inspections and Fees:
Item Description Cost Note
1. Inspection outside of normal $48.001 / Minimum charge: 2
business hours hour hours
2. Re-inspection fees assessed $48.001 /
hour
3. Additional plan review required by $48.001 / Minimum charge: ½
changes, additions or revisions to hour hour
plans
4. For use of outside consultants for Actual
plan checking and inspections or cost2
both
5. Single trade permit fee minimum $82 $48 inspection plus $34
administrative cost
1
Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages and fringe benefits
of the employees involved.
2
Actual costs include administrative and overhead costs.
PLAN REVIEW FEES
Type of Fees Fee
Plan Review Fee 65 percent of the building permit fee
Additional Plan Review $100.00 per hour (minimum one
Fee hour)
ELEVATOR INSPECTION FEES
Annual Certificates of Inspection
For each elevator $230.00
For each escalator or moving walk 230.00
For each dumbwaiter 230.00
5
175
6
176
Table 1
Comparison of Current Building Fees with Proposed Building Fees
Residential Single Family Home
Example is a New Residential Single Family Detached Home in Northend built by Markel Homes in 2009
Based on a Building Valuation of: $274,484
Total Square Footage of Structure: 2,557 SF
Compute Permit and Plan Check fees: Current Fee New Fee $ Change % Change
Permit Fee (1997 UBC Table 1-A): $1,973.75 $2,047.00 $73.25 3.7%
Plan Check fee (65% of permit/trade fees): $1,282.94 $1,330.55 $47.61 3.7%
Electrical, Plumbing, Mechanical Fees: $789.51 $818.80 $29.29 3.7%
TOTAL BUILDING FEES: $4,046.20 $4,196.35 $150.15 3.7%
Compute Boulder County Use Tax
Total Valuation $274,484 x 50% x .65% $892.07 $892.07 no change no change
Water Tap Fee $23,760 $23,760 no change no change
Sewer Tap Fee $3,221 $3,221 no change no change
Impact Fee $6,655 $6,655 no change no change
Total Fees for this SFD New Res Home 38,574.27 $38,724.42 $150.15 0.4%
Change in Project Cost 0.05%
12/10/2009
177
Table 2
Comparison of Current Building Fees with Proposed Building Fees
Commercial Projects
% % Change
Valuation $10,000 Current Fee New Fee $ Change Change Project Cost
Permit Fee (1997 UBC Table 1-A): $181.25 $210.00 $28.75
Plan Check fee (65% of permit/trade fees): $117.81 $136.50 $18.69
Electrical, Plumbing, Mechanical Fees: $72.50 $84.00 $11.50
TOTAL BUILDING FEES: $371.56 $430.50 $58.94 15.9% 0.6%
Valuation $50,000
Permit Fee (1997 UBC Table 1-A): $643.75 $700.00 $56.25
Plan Check fee (65% of permit/trade fees): $418.44 $455.00 $36.56
Electrical, Plumbing, Mechanical Fees: $257.50 $280.00 $22.50
TOTAL BUILDING FEES: $1,319.69 $1,435.00 $115.31 8.7% 0.2%
Valuation $100,000
Permit Fee (1997 UBC Table 1-A): $993.75 $1,100.00 $106.25
Plan Check fee (65% of permit/trade fees): $645.94 $715.00 $69.06
Electrical, Plumbing, Mechanical Fees: $397.50 $440.00 $42.50
TOTAL BUILDING FEES: $2,037.19 $2,255.00 $217.81 10.7% 0.2%
Valuation $1,000,000
Permit Fee (1997 UBC Table 1-A): $5,608.75 $6,500.00 $891.25
Plan Check fee (65% of permit/trade fees): $3,645.69 $4,225.00 $579.31
Electrical, Plumbing, Mechanical Fees: $2,243.50 $2,600.00 $356.50
TOTAL BUILDING FEES: $11,497.94 $13,325.00 $1,827.06 15.9% 0.2%
Valuation $2,000,000
Permit Fee (1997 UBC Table 1-A): $8,758.75 $10,000.00 $1,241.25
Plan Check fee (65% of permit/trade fees): $5,693.19 $6,500.00 $806.81
Electrical, Plumbing, Mechanical Fees: $3,503.50 $4,000.00 $496.50
TOTAL BUILDING FEES: $17,955.44 $20,500.00 $2,544.56 14.2% 0.1%
12/10/2009
178
Table 3
Comparison of Current Building Fees with Proposed Building Fees
Minor Trade Permits
Current fees have not been increased since 1997 (based on 97 UMC, NEC, & UPC codes)
new proposed single inspection permit fee hopes to offset minimum costs as follows:
*New fee is based on one inspection $48.00
and administration fee of: $34.00
Total New Proposed Fee for Minor Trade $82.00
Examples of Types of Minor Trade Permits Current Fee New Fee $ Change % Change
Mechanical Permit Fee $38.30 $82.00 $43.70 114%
Electrical Permit Fee $34.50 $82.00 $47.50 138%
Plumbing Permit Fee $37.93 $82.00 $44.07 116%
12/10/2009
179
Table 4
Building Permit Fee Comparison CSU
Front Range Jurisdictions March 2009
$/SF additional Plan Fee %
First $1 Million
Local Governments Valuation $1,000> $1Mil of Bldg Permit
Boulder County $8,750.24 $4.82 65%
Arvada $6,824.49 $4.04 65%
Longmont $6,448.55 $4.20 65%
Jefferson County $6,327.00 $3.00 65%
City of Louisville (Proposed) $6,000.00 $4.00 65%
City of Boulder $5,979.00 $3.85 65%
Castle Rock $5,608.75 $3.65 65%
Douglas County $5,608.75 $3.65 65%
Greenwood Village $5,608.75 $3.65 65%
Littleton $5,608.75 $3.65 65%
Loveland $5,608.75 $3.65 65%
Golden $5,608.75 $3.65 25%
Arapahoe County $5,608.75 $3.15 65%
Brighton $5,608.75 $3.15 65%
City of Louisville (Current) $5,608.75 $3.15 65%
City /Cty of Denver $5,385.00 $3.65 50%
Greeley $4,955.00 $2.75 65%
Larimer County $4,672.34 $2.64 65%
Westminster $4,659.20 $2.65 65%
City /Cty of Broomfield $3,233.75 $4.75 65%
Fort Collins $2,683.00 $2.50 65%
G\Bldg safety\Reports\Bldg Permit fee adoption\ Comp table A
180
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: ORDINANCE NO. 1563, SERIES 2009 – AN ORDINANCE REGARDING
POWERS AND DUTIES OF THE LIBRARY BOARD OF TRUSTEES AND
BYLAWS REVISIONS FOR THE LIBRARY BOARD OF TRUSTEES
ORIGINATING DEPARTMENT: BETH BARRETT, ON BEHALF OF THE LIBRARY BOARD
OF TRUSTEES
SUMMARY:
On May 19, 2009 City Council amended the Louisville Municipal Code by adopting Ordinance
No. 1549, Series 2009 to allow for appointment of a member from Superior to serve on the
Louisville Library Board of Trustees. At that time, staff concluded that additional revisions to the
Code were necessary to more accurately describe the powers and duties of the Library Board,
since Section 2.64.101 and 2.64.030 of the Code reflect the language of C.R.S. 24-90-109,
which applies to library governing boards.
As an advisory entity, the Library Board of Trustees does not, for example, have control of the
Library’s budget, does not acquire property or borrow funds for construction, and does not hire
and fix compensation for a director. Those responsibilities fall to the City’s chief governing
body, the City Council, and its chief administrative officer, the City Manager. Staff therefore
noted the need to bring Section 2.64.010 and 2.64.030 into conformity with the City Charter,
which provides for a home rule mayor-council-manager form of government. The attached
Ordinance revision eliminates the discrepancies in governing authority which have existed until
this time.
The Library Board of Trustees, working both on its own and with staff, has spent a number of
months reviewing and revising the wording of the Ordinance, and after two meetings with the
City Manager, submit the attached proposed amendments. Notable changes include:
• Retention of the designation ‘Trustee.’ Although the Library Board has no direct fiduciary
responsibilities, Board members felt that their work in advising and guiding Library
operation warranted the title.
• Deletion of wording from C.R.S. 24-90-109, related to Colorado governing boards for
libraries.
• Addition of a list of four primary areas of activity for the Library Board of Trustees and a
corresponding set of representative tasks the Board performs.
SUBJECT AGENDA ITEM
ORDINANCE NO. 1563, SERIES 2009 – AN ORDINANCE
REGARDING POWERS AND DUTIES OF THE LIBRARY
BOARD OF TRUSTEES AND BYLAWS REVISIONS FOR THE 8H
LIBRARY BOARD OF TRUSTEES
181
PAGE TWO
SUBJECT: ORDINANCE NO. 1563, SERIES 2009
DATE: DECEMBER 15, 2009
Board members also considered shortening the terms of their appointments from five years to
four, but in the end elected to keep the term at five years to ensure continuity and
organizational memory.
In addition to the proposed changes to the Ordinance, the Board of Trustees also revised their
Bylaws to reflect the changes outlined above, so that the documents are consistent with one
another. Because the Board’s vote on the Bylaws revision coincided with the release of the
new Bylaws template for the City’s Boards and Commissions developed by City Attorney Sam
Light, the Board retained their Bylaws in the format they’d developed, with the understanding
that the order and framework of their Bylaws may be reworked in the future.
FISCAL IMPACT:
There is no fiscal impact. The proposed changes to the Louisville Municipal Code align the
Code with the realities of the Library Board of Trustees’ current practice.
RECOMMENDATION:
Staff recommends approval of the proposed Ordinance regarding the powers and duties of the
Library Board of Trustees. Staff also recommends approval of the revised Bylaws of the Library
Board of Trustees.
ATTACHMENT(S):
1. Ordinance No. 1563, Series 2009
2. Amendments to the Bylaws of the Library Board of Trustees adopted November 16,
2009
182
ORDINANCE NO. 1563
SERIES 2009
AN ORDINANCE AMENDING SECTIONS 2.64.010, 2.64.020 AND 2.64.030 OF THE
LOUISVILLE MUNICIPAL CODE REGARDING MANAGEMENT AND CONTROL OF
THE LIBRARY AND APPOINTMENTS TO THE LOUISVILLE LIBRARY BOARD
WHEREAS, the City Charter provides for a home rule mayor-council-manager form of
government with the City Council serving as the governing body of the City responsible for
exercising all powers and responsibilities not conferred by the Charter on others, and with the City
Manager serving as the chief administrative official of the City; and
WHEREAS, under the City Charter the City Manager, subject to the Council's oversight, is
responsible for among other things, administration of the budget adopted by the City Council and
exercising supervision and control over all City personnel and departments, and for the enforcement of
ordinances, resolutions, franchises, contracts, and other enactments of the City; and
WHEREAS, Sections 2.64.010 and 2.64.030 of the Louisville Municipal Code currently
provide that the management and control of the Louisville Public Library is vested in the Board of
Trustees, and that the Board of Trustees shall have all of the powers and duties that are granted by
C.R.S. Section 24-90-109; and
WHEREAS, in current practice the Library Board of Trustees serves primarily in an
advisory capacity to Library Administration; and the City Council and does not exercise management
and control of the Library; and
WHEREAS, Sections 2.64.010 and 2.64.030 of the Louisville Municipal Code, in vesting
management and control of the Library in the Library Board of Trustees and granting to the Board of
Trustees all the powers and duties that are granted by C.R.S. Section 24-90-109, are inconsistent with
both the City Charter and current practice; and
WHEREAS, the City Council, acting pursuant to the City's home rule authority, desires to
amend these Sections of the Code to revise the powers and duties of the Library Board of Trustees;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LOUISVILLE, COLORADO:
Section 1. Section 2.64.010 of the Louisville Municipal Code is hereby amended to
read as follows:
Sec. 2.64.010. Library department established;
A public library and a public library department is established for the city
in the general fund of the city and under the provisions of section 8.3 (b) (6) of the
City Charter.
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Section 2. Section 2.64.020 of the Louisville Municipal Code is hereby amended to
read as follows:
Sec. 2.64.020. Library Board of Trustees–Appointment.
The mayor, with the consent of the city council, shall appoint a Library
Board of Trustees (board) to advise Library administration, city council and city
staff on matters concerning the public library of the city. The Library board shall
consist of six residents of the city and one resident of the Town of Superior (Town),
with all rules and responsibilities applying equally to members from both
municipalities.
Board members shall be appointed to serve for five years. The board shall
not receive any salary or other compensation for services as board trustees, but
necessary and authorized travel and subsistence expenses shall be paid from library
funds. A member may be removed by city council under the provisions of section
10.2 of the City Charter, with cause therefor as may be defined in the bylaws of the
board and any ordinance or resolution of city council. A majority of the Library
board may recommend such action to city council.
Section 3. Section 2.64.030 of the Louisville Municipal Code is hereby amended to
read as follows:
Sec. 2.64.030. Library Board of Trustees–Powers and duties.
The function of the Louisville Public Library (Library) Board of Trustees is
to act as advocates for the Louisville Public Library, with a primary focus on four
key areas:
A. Create and advance the Library’s Service Philosophy and Strategic Plan
B. Advocate for critical resources to meet Library needs
C. Act as community advocates on behalf of the Library to city council, the
public, and other libraries
D. Work closely with the Library Director to provide advice and support
A representative sample of tasks that the Library Board of Trustees manages on an
as-needed basis include:
A. Provide advice in hiring a Library Director
B. Monitor, advise, and construct the Library’s position in service
negotiations
C. Lead Library-related ballot issues
D. Conduct general Library Board of Trustees business, such as reviewing
usage statistics, and in conjunction with the Library Director, creating and adopting
Library policies
E. Guidance and support in creation of the Library budget
F. Submit Library’s annual report to the Colorado State Library
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Section 4. If any portion of this ordinance is held to be invalid for any reason, such
decisions shall not affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact
that any one part be declared invalid.
Section 5. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED
PUBLISHED this ______day of ______________, 2009.
Charles L. Sisk, Mayor
ATTEST:
Nancy Varra, City Clerk
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APPROVED AS TO FORM:
Light, Harrington & Dawes, P.C.
City Attorney
PASSED AND ADOPTED ON SECOND AND FINAL READING, this ____ day of,
2009.
Charles L. Sisk, Mayor
ATTEST:
Nancy Varra, City Clerk
4
186
Bylaws of the Louisville Public Library Board of Trustees
Revised and re-adopted by the Louisville Public Library Board of Trustees, November 16, 2009.
ARTICLE 1: The Board of Trustees
Section 1. Status and Name. The Louisville Public Library Board of Trustees
(“Board”) was established and authorized by virtue of the Louisville Municipal Code, Section
2.64.
Section 2. Office. The office of the Board shall be considered the Louisville City Hall,
749 Main Street, Louisville, CO 80027, or such other place in the City of Louisville, Colorado as
the Board members may designate from.
Section 3. Membership. The Board shall consist of six residents of the City of
Louisville appointed by the City Council and one member appointed by the Town of Superior.
Each member shall be appointed for a five-year term. Midterm vacancies shall be filled by the
City Council for the remainder of the existing term.
ARTICLE II: Purpose
The function of the Louisville Public Library Board of Trustees is to act as advocates for
the Louisville Library, with a primary focus on four key areas:
A. Create and advance the Library’s Service Philosophy and Strategic Plan
B. Advocate for critical resources to meet Library needs
C. Act as community advocates on behalf of the Library to city council, the public,
and other libraries
D. Work closely with the Library Director to provide advice and support
A representative sample of tasks that the Library Board of Trustees manages on an as-
needed basis include:
A. Provide advice in hiring a Library Director
B. Monitor, advise, and construct the Library’s position in service negotiations
C. Lead Library-related ballot issues
D. Conduct general Library Board of Trustees business, such as reviewing usage
statistics, and in conjunction with the Library Director, creating and adopting
Library policies
E. Guidance and support in creation of the Library budget
F. Submit Library’s annual report to the Colorado State Library
187
ARTICLE III: Officers and Personnel
Section 1. Officers. The officers of the Louisville Public Library Board of Trustees shall
be a President, a Vice-President, and a Secretary who shall be elected by the Board from its
membership.
Section 2. President. The President shall preside at all meetings of the Board.
Section 3. Vice-President. The Vice-President shall perform the duties of the President
in the President’s absence or inability to act. In the event of the absence of inability to act of
both the President and Vice-President, the remaining members shall select some other member
of the Board to temporarily perform the duties of the President.
Section 4. Secretary. The Secretary shall attest to all documents authorized to be
executed by the Board. In the event of the absence of the Secretary, the President shall
designate, in writing or verbally at a meeting of the Board, some other member of the Board to
perform the duties of the Secretary.
Section 5. Additional Duties. The officers of the Board shall perform such duties and
functions as may from time to time be required or authorized by the Board or these Bylaws.
Section 6. Election of Officers. The President, Vice-President and Secretary of the
Board shall be elected annually by the Board at its first meeting of each year and shall assume
their duties upon election. Officers shall hold their office for one year, or until their successors
are selected and qualified.
Section 7. Vacancies. If the office of President, Vice-President or Secretary is vacant,
the Board shall select a successor from its membership to serve for the unexpired term of said
office.
Section 8. Absences of Members. Absence of a Board member from two or more
scheduled meetings in any calendar year shall constitute good cause for removal from office and,
upon such absence, such Board member may be removed by a majority vote of the City Council.
ARTICLE IV: Meetings
Section 1. Regular Meetings. A regular meeting of the Board shall be held in each odd-
numbered month. Notice and the agenda for each regular meeting shall be posted in public areas
designated at the first meeting of each year and published on the City’s website at least seventy-
two hours in advance of the meeting.
Section 2. Special Meetings and Business at Special Meetings.
A. Except for an emergency special meeting governed by Subsection B, each special
meeting of the Board shall be called by an officer on the request of the President or any three
members of the Board, and shall be held on at least forty-eight hours written notice.
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B. An emergency special meeting shall be called by an officer on the request of the
President or any three members of the Board, and shall be held on at least twenty-four hours
written notice to each member of the Board. An emergency special meeting shall not be called
unless:
(i.) Each member requesting the meeting has determined that the meeting is
urgently necessary in order to take action on an unforeseen matter
requiring immediate action; and
(ii.) The basis for the determination described in Paragraph (i) is stated in the
notice of the meeting.
C. All reasonable efforts shall be made to notify Board members.
D. The Board shall not take action on any item of business at any special meeting
unless:
(iii.) The item to be acted on has been stated in the notice of the meeting; or
(iv.) The item to be acted on is reasonably related to the item which was stated
in the notice of the meeting.
Section 3. Quorum. Four members shall constitute a quorum, but a smaller number
may convene from time to time until a quorum is established. When a quorum is in attendance,
action may be taken by the Board upon an affirmative vote of a majority of the Board members
present.
Section 4. Order of Business and Manner of Conducting Business. At the regular
meetings of the Board the following shall be, by way of illustration and not limitation, the order
of business:
Call to Order
Roll Call
Approval of Agenda
Approval of Meeting Minutes
Director’s Report
Public Comments
Informational Comments of Pertinent Items Not on the Agenda
Ongoing Business
New Business
Agenda Items for Next Meeting
Adjournment
Section 5. Manner of Voting. Each member’s vote on a matter put to a vote shall be
entered upon the minutes, except in the case of officer elections when the vote may be by ballot.
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Section 6. Open Meetings. In addition to the requirements of these Bylaws, the Board
shall comply with all applicable provisions of the open meetings laws of the State of Colorado
and the Louisville Home Rule Charter.
Section 7. Notice, Discussions and Meeting Locations.
A. Notice and the agenda for each meeting shall be both posted and published on
the City’s website. For the purposes of these Bylaws, “posting” or “posted” means placing in
areas accessible by the public: at the Louisville City Hall, the Louisville Public Library, the
Louisville Recreation Center, and one additional location.
B. The Board shall not engage in substantive discussions relating to, or take action
on, any subject at a non-emergency meeting when that subject was not listed in the agenda for
that meeting and is not substantially related to any subject listed in the agenda. However, the
Board may engage in substantive discussions and take action on a matter of public business not
on the agenda, upon a finding by the presiding officer that such discussions or action will
promote the general welfare and it would be injurious to await action on the matter until the next
Board meeting.
C. All meetings of the Board shall occur in public buildings and public facilities
accessible to all members of the public.
Section 8. Agenda, Materials, and Communications File.
A. The agenda for any meeting of the Board shall contain an itemized list of all
subjects on which substantive discussions are reasonably expected or which may be the subject of
formal action.
B. To the extent possible, a preliminary agenda for all Board meetings shall be
provided to each member at least seven days in advance of such meeting. To the extent possible,
the agenda and all documents and materials requiring action by the Board at any meeting shall be
provided to each member seventy-two hours in advance of regular meetings, forty-eight hours in
advance of special meetings, and twenty-four hours in advance of emergency meetings.
C. To the extent possible, the Board shall make available to the public, at least on the
City of Louisville website, at the Louisville Public Library, and at the Board meeting, agenda-
related materials for the Board.
D. The Board shall maintain a communications file with all agendas and related
materials as a public record.
ARTICLE V: Amendments to Bylaws
Section 1. Amendment to Bylaws. The Bylaws of the Board may be amended only
upon the affirmative vote of at least four Board members.
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ARTICLE VI: Open Government and Public Records
Section 1. Open Government. Each member of the Board shall participate in at least
one City-sponsored open government-related seminar, workshop or other program at least once
every two years. Such program shall conform to the requirements of Section 4-16(a) of the
Louisville Home Rule Charter.
Section 2. Public Records. Public records of the Board shall be open for inspection in
accordance with the provisions of the Colorado Library Law, the Colorado Open Records Act,
and Section 5-5 of the Louisville Home Rule Charter.
ARTICLE VII: General
Section 1. Committee. The Board may subdivide into such committees as deemed
necessary to perform any functions for the purpose of advising the Board.
Section 2. Conflict of Interest; Code of Ethics. The members and officers of the
Board shall comply with all applicable federal and state laws regarding conflicts of interest. The
members, officers and employees of the Board shall also comply with the Code of Ethics set
forth as Sections 5-6 through 5-17 of the City of Louisville Home Rule Charter (“Code of
Ethics”).
_________________________________
President
ATTEST:
____________________________________
Secretary
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COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: ORDINANCE NO. 1564, SERIES 2009 – AN ORDINANCE AMENDING
SECTION 3.04.130 OF THE LOUISVILLE MUNICIPAL CODE RELATING
TO LEASE-PURCHASE AND LONG-TERM LEASEHOLD
AGREEMENTS
ORIGINATING DEPARTMENT: CITY MANAGER’S OFFICE
SUMMARY:
On November 3, 2009, voters approved an amendment to Section 12-4(a) of the City of
Louisville’s Home Rule Charter. This amendment eliminated the requirement for voter approval
of lease-purchase agreements and provided that the City may enter into lease-purchase
agreements if such agreements are approved by non-emergency ordinance.
In compliance with the old Section 12-4(a) of the Charter, Section 3.04.130 of the City of
Louisville Municipal Code also contains a prohibition on lease-purchase agreements.
Therefore, in order to maintain compliance with the Charter, as amended on November 3, an
ordinance is necessary to remove the lease-purchase restrictions from Section 3.04.130 of the
Code.
In addition, Section 3.04.130 of the Code also prohibits long-term leasehold agreements that
are not lease-purchase agreements. Since the Charter does not prohibit long-term leasehold
agreements, except in the case of parks or open space, staff proposes an additional
amendment of Section 3.04.130 to remove the prohibition on long-term leasehold agreements.
Per the Charter, any lease of park or open space land shall continue to require voter approval.
Per the Charter and the attached ordinance, lease-purchase agreements are defined as “(1)
Any installment purchase agreement for the purchase of real or personal property which
requires or permits payments during more than one fiscal year, regardless of any right of the
City to terminate the agreement; or (2) Any agreement for the lease or rental of real or personal
property which requires or permits payments during more than one fiscal year, regardless of
any right of the City to terminate the agreement, and under which title to the property is
transferred at the end of the term for nominal or no additional consideration.”
Under the attached ordinance, long-term leasehold agreements are defined as “any lease
agreement other than a lease-purchase agreement which extends beyond more than one fiscal
year, whether or not terminable annually or subject to annual appropriation and whether or not
the City is lessor or lessee.”
SUBJECT ORDINANCE NO. 1564, SERIES 2009 AGENDA ITEM
8I
192
PAGE TWO
SUBJECT: ORDINANCE NO. 1564, SERIES 2009 – AN ORDINANCE AMENDING
SECTION 3.04.130 OF THE LOUISVILLE MUNICIPAL CODE RELATING
TO LEASE-PURCHASE AND LONG-TERM LEASEHOLD
AGREEMENTS
DATE: DECEMBER 15, 2009
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff recommends approval of the proposed ordinance on first reading, direction to publish
Ordinance No. 1564, Series 2009, and to set a public hearing for January 5, 2009.
ATTACHMENT(S):
1. Proposed Ordinance No. 1564, Series 2009.
193
ORDINANCE NO. 1564
SERIES 2009
AN ORDINANCE AMENDING SECTION 3.04.130 OF THE LOUISVILLE MUNICIPAL
CODE RELATING TO LEASE-PURCHASE AND LONG-TERM LEASEHOLD
AGREEMENTS
WHEREAS, at the November 3, 2009 regular City election, the eligible electors of the City
voted to amend Section 12-4(a) of the Home Rule Charter (“Charter”) to eliminate the requirement
under Section 12-4(a) for voter approval of any lease-purchase agreement and to provide that the
City may enter into a lease-purchase agreement if such agreement is approved by the City Council
by non-emergency ordinance; and
WHEREAS, Section 3.04.130 of the Louisville Municipal Code (“Code”) contains a
prohibition on lease-purchase agreements which has been superseded by Section 12-(4) of the
Charter, as amended at the November 3, 2009 regular City election; and
WHEREAS, Section 3.04.130 of the Code further contains a prohibition on long-term
leasehold agreements which prohibition is not required by the Charter; and
WHEREAS, the City Council desires to amend Section 3.04.130 of the Code to incorporate
therein the Charter requirements relating to lease-purchase agreements and to amend the
requirements therein relating to long-term leasehold agreements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LOUISVILLE, COLORADO, THAT:
Section 1. Section 3.04.130 of the Louisville Municipal Code is hereby repealed and
reenacted to read in full as follows:
Sec. 3.04.130. Lease-purchase and long-term leasehold agreements.
A. Any lease-purchase agreement entered into by the City shall be approved
by the City Council by non-emergency ordinance. For the purposes of this
section, “lease-purchase agreement” means: (1) Any installment purchase
agreement for the purchase of real or personal property which requires or permits
payments during more than one fiscal year, regardless of any right of the City to
terminate the agreement; or (2) Any agreement for the lease or rental of real or
personal property which requires or permits payments during more than one fiscal
year, regardless of any right of the City to terminate the agreement, and under which
title to the property is transferred at the end of the term for nominal or no additional
consideration.
B. Any long-term leasehold agreement entered into by the City shall be
approved by the City Council by ordinance or resolution, as the City Council shall
determine, subject to the further requirement that any lease of park or open space
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land shall require the approval of the registered electors as provided in the charter.
For the purposes of this section, “long-term leasehold agreement” means any lease
agreement other than a lease-purchase agreement which extends beyond more than
one fiscal year, whether or not terminable annually or subject to annual
appropriation and whether or not the City is lessor or lessee.
C. Nothing in this section shall apply to the acquisition of water rights by lease-
purchase agreement, long-term leasehold agreement or other means.
Section 2. If any portion of this ordinance is held to be invalid for any reason, such
decisions shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each part hereof
irrespective of the fact that any one part be declared invalid.
Section 3. The repeal of any portion of the Code 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 purpose of sustaining any and all proper actions,
suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as
well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED
PUBLISHED this _____ day of _______________, 2009.
______________________________
Charles L. Sisk, Mayor
ATTEST:
______________________________
Nancy Varra, City Clerk
APPROVED AS TO FORM:
______________________________
Light, Harrington & Dawes, P.C.
City Attorney
2
195
PASSED AND ADOPTED ON SECOND AND FINAL READING this _____ day of
______________, 2009.
______________________________
Charles L. Sisk, Mayor
ATTEST:
______________________________
Nancy Varra, City Clerk
3
196
COUNCIL COMMUNICATION
TO: MAYOR AND CITY COUNCIL
FROM: MALCOLM FLEMING, CITY MANAGER
DATE: DECEMBER 15, 2009
SUBJECT: DISCUSSION/DIRECTION/ACTION - CITY MANAGER’S
PERFORMANCE GOALS/QUARTERLY REPORT AND PROPOSED
2010 GOALS
ORIGINATING DEPARTMENT: CITY MANAGER
SUMMARY:
During the City Council’s December 16, 2008 regular meeting the Council approved a list of 38
goals for the City Manager and staff to pursue during 2008 and 2009. The attached report is
the final quarterly status report on those goals. The City Manager will review this information
during the meeting and address the Council’s questions and comments.
Staff has also prepared a preliminary list of possible goals for 2010 for Council’s consideration.
This list includes:
• A summary of each goal
• More specific objectives or action steps for each goal
• Key team members who would be involved
• Time frame for action, and
• Current status.
The proposed goals are numbered to facilitate discussion and are not intended to suggest
priority.
FISCAL IMPACT:
The proposed goals are achievable with resources included in the proposed 2010 Budget.
RECOMMENDATION:
City Manager Review of Quarterly Report, discussion and then Council direction and/or motion
to approve the proposed goals.
ATTACHMENT(S):
1. City Manager 2008-2009 Performance Goals Status Report for December 15, 2009
2. 2010 City Manager’s Goals
SUBJECT AGENDA ITEM
DISCUSSION/DIRECTION/ACTION – CITY MANAGER’S 8J
PERFORMANCE GOALS/QUARTERLY REPORT AND
PROPOSED 2010 GOALS
197
City Manager 2008-2009 Performance Goals
Status Report for December 15, 2009
Ref #
Key
Team Time Current Status
Goal Members Frame
1 2009 and 2010 Parks & Rec Joe To Council Complete (except for
Budgets and Operations. Stevens, by October Golf Contract) with
A. Improve revenue to expense at Golf Kevin Council adjustments to reflect
Course. Focus on five-year business Watson, action by 2009 budget cuts.
plan. Heather November. A. Negotiating with
B. Review, update and revise Balser, Western Golf Properties
maintenance practices for all parks, and anticipate bringing
Department
open spaces and facilities with an proposal to Council in
Directors
emphasis on maintaining what we January.
have.
C. Review, evaluate trends paying B. The 2010 budget will
particular attention to the growing result in less mowing of
senior/retirement population. non-irrigated areas, more
D. Review and develop cost recovery focus on xeric-scape and a
model/guidelines for recreation center priority toward maintaining
and recreation division. existing facilities, including
E. Better coordinate with all City new roof/HVAC for Rec.
departments taking advantage of Center (2009) and roof
partnerships that make sense. replacement for the
F. Revise landscape, parks, open Memory Square bath
space maintenance contracts. house (2010).
C. A Platinum member program was developed within the context of the 2010 City budget and will
be implemented in January. For $12/year residents and $24/ year non-residents, the Senior Center
will continue to provide appreciated benefits and recover a small portion of the cost associated with
providing services to a growing senior population.
D. Rec. Center memberships increased $24/year with 75% of the fee increase going to offset
Memory Square Swimming Pool operating expenses. Historically, Recreation Center memberships
included a pass to Memory Square but MS did not receive credit for proceeds associated with the
membership. On the expenditure side of the ledger, one full-time position in recreation was
eliminated and another full-time position reduced from 40 to 32 hours a week.
E. The department has worked to better coordinate everything from job fairs and wellness
programs with Human Services, to reviewing budgetary and golf course operations with Finance
and the City Manager’s office to consolidating maintenance and custodial duties and capital
improvements with the Public Works Department.
F. Landscape, parks, open space and maintenance contracts have been successfully revised and
implemented. In 2009, rather than one contract, City Council authorized two contracts with the City
divided into two service areas
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2 ConocoPhillips Coordination. Paul Wood, Anticipate Complete and
Work closely with CP’s Tom Phare, CP to Continuing. Entitlement
representatives to quickly and Joe submit a submittal received on
effectively resolve planning, public Stevens, developme 11-12-09. Referrals
works, parks and open space and Bruce nt proposal completed and due back
public safety related issues with Goodman, by 1-6-10. Standing
ConocoPhillips’ site during site Bonnie Star November progress meetings
development and after facility 2009 scheduled with
opening. applicant, and CMO
office through
development review
process. Scheduled for
PC hearing on 2/11/10
3 Adoption of 2009 International Paul Wood, 6/09 Complete.
Building Codes. Mike Jones
Develop amendments to address
fire sprinkler requirements, and
green building materials and
technologies.
4 Library Director Recruitment. Kathleen Hix 7/09 Complete.
Conduct recruitment and transition
to new director.
5 Implement Historical Heather A: 12/08 Complete.
Preservation Sales Tax. Balser, Paul B: 4/09 Council approved
A: Work with HPC to identify key Wood, program by Resolution
action steps Meredyth on June 16. Joint PC
B: Secure Council approval of Muth; and HPC study session
program outline and resource Bridget scheduled for 9-2-09.
allocations; Bacon
C: Implement program
6 Refuse Collection & Recycling. Tom Phare A: 12/08 Complete.
A: Negotiate contract that is B: 7/09
consistent with the City’s goals for
this program.
B: Implement program
7 Integrated Weed Management Joe Stevens A: 2/09 Complete.
Plan (IWPM). (A) Conduct public Parks & Rec B: 3/09 The Integrated Weed
involvement and review draft plan Staff C: 4/09 Management Plan was
with HFAB, (B) Finalize plan, (C) D: 5/09 drafted, reviewed by peers,
negotiate changes in contractor subjected to public
comment and critiqued by
agreements to reflect plan
the Open Space Advisory
priorities, and (D) implement Board and the Horticultural
and Forestry Advisory
Board with the result being
a unanimous
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199
recommendation from both
boards and subsequent
adoption by the City
Council of the City’s first
IWPM.
8 Public Involvement. Heather A: 3/09 Complete.
A: Complete training on policy for Balser, B: 5/09 Future staff support will
key employees Meredyth be affected by budget
B: Developing short and long range Muth, considerations. Board
plans for each Citizen Advisory Department and Commission
Board to, among other things (1) Directors applications available in
clarify annual goals, meeting October.
schedules and work plans, (2)
resolve any duplication in boards,
and (3) establish staff support
expectations and resources.
9 Compensation & Benefits. Kathleen Hix A: 7/09 Complete.
A: Complete annual market study B: 8/09
of compensation and key benefits; C: 10:09
B: Complete review of position and D: 11/09
Citywide turnover rates and
retention/recruitment issues.
C: Identify adjustments needed to
maintain competitiveness.
D. Expand review to include part-
time/seasonal staff.
E. Provide opportunities to
encourage and develop
professional growth for City
employees and work on building a
more cohesive team.
F. Secure Council approval of
funding needed to implement any
needed adjustments.
10 Sustainable Budget and Kevin A:1/09 Complete.
Required Revenue Watson B: 4/09 City Manager gave
A: Develop summary presentation Heather C: 6/09 presentations to 8
of City Budget including where Balser, D: 11/09 organizations during March
funding comes from, what is Department E: 1/10 and April, 2009. Survey
funded, what significant City Directors Results reported to City
Council on August 18,
priorities are not funded, and 2009. Approval of 09
options for funding those priorities, budget cuts, service
including consideration of a Use reductions, and budget
Tax amendment on September
B: Complete open houses and 1, 2009. 2010 Budget
presentations to civic and business balances expenditures
organizations on the City budget within anticipated
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200
C: Secure Council direction on revenues.
preferred action
D: If necessary, secure voter
approval of preferred action
E: Begin implementation of Council
or voter approved actions
11 Employee Wellness. Kathleen Hix Complete Complete.
A: Implement phase two of for Open
wellness program with incentives Enrollment
tied to required participation 11/08
specified health activities.
12 Geographical Information Kevin 12/09 Complete. Next steps
System (GIS) implementation. Watson, include:
Begin implementation of a GIS Chris 1. Infrastructure
based on the results of the GIS Browning, GPS Data Collection,
needs assessment conducted in Paul Wood, October, 2009 – June,
2008 Sean 2010
McCartney, Database Linking,
December, 2009 – June,
Tom Phare 2010
2. Master Address File,
January – June, 2010
3. Aerial Photo Mission
(2 separate flyovers, no
extra cost),
- Contour LIDAR
collection, December -
January, 2009
- Planimetric Data
capture: April – May, 2010
- Planimetric data delivery:
June – July, 2010
4. City-Owned Property,
January – December, 2010
5. Public Web Access,
October – December, 2010
13 Red Flag Policy and Identity Kevin 05/09 Complete. Policy
Theft Prevention Program. Watson developed, implemented,
Implement policy in compliance and approved by Council
with Federal Trade Commission on May 5, 2009.
mandate.
14 Wastewater System. Tom Phare 4/09 Complete. A is
A: Complete system inspection, complete: PW staff
cleaning and monitoring to identify cleaned 92 miles of
the most likely system "hot spots" sanitary sewer pipe,
and system weaknesses and take averaging about 3,500
appropriate preventative steps so feet per day, without any
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201
that the City does not experience injuries. They have also
any avoidable (i.e. cause by tree developed a cleaning
roots or other predictable causes) schedule in order to
back-ups. maintain the system and
B: Using the results from the GIS to reduce the possibility
Needs Assessment, work with IT of future sanitary sewer
and other staff to take the next backups. B: GIS work is
steps to have an operational proceeding to help
GIS/Asset Management System in maintain the system.
place by 2010.
15 Business Retention. Coordinate Bonnie Star Quarterly Complete. Conducted
business retention and recruitment BRAD or monthly 20 retention visits,
activities including: (A) review and reports to scheduled 3 additional.
recommendation on all BAPs Council BRaD is currently
(business assistance packages), receiving monthly verbal
(B) regular visits with local business reports. Council is
leaders. receiving bi-monthly
reports.
16 Enterprise Information and Kevin A; 11/08 Complete.
Financial Management System Watson, B: 1/09 Implementation and
A: Release RFQ Chris C: 2/09 Training began October
B: RFQ Responses due Browning, D 2/09 15, 2009 and will continue
C: Select Vendors Department E: 4/09 into next year. Termination
D: Distribute RFP Directors F 5/09 of Innoprise software
expected prior to
E: RFP Responses due G: 6/09 December 31, 2009.
F: Product Demos H: 8/09
G: Approve Contract
H: Begin Implementation
17 US36 Project. Complete US36 EIS Heather 12/09 Complete. ROD
Process including (A) Balser anticipated in December.
recommendations on FEIS, (B) Continually seeking
coordinating work to complete funding for the project by
Record of Decision (ROD). way of ARRA funding,
state, RTD and regional
sources.
18 FasTracks Implementation. Heather 11/09 Ongoing.
Continued effort to finalize EA on Balser, Continue to work with
Northwest Rail and work with Planning Metro Mayors Caucus
region to address funding shortfall Staff, and RTD to further
and equity considerations. PW staff Northwest Rail and US
36 BRT implementation.
19 Processing State Offenses at the Bruce Partially Complete.
Municipal level. Goodman,
A: Identify potential state Heather 06/09
misdemeanor crimes that could be Balser
more effectively processed at the 08/09
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202
municipal level.
B: Assess potential impact upon 09/09
Court’s docket and budget.
C: Presentation to Council for 10/09
direction.
D: Ordinance changes to Council.
20 Juvenile Offender Referral Bruce 09/09 Partially Complete.
Program. Goodman, Reviewing offense/arrest
Develop with the Municipal Judge a Heather data to determine
program emphasizing local Balser, offenses, how many
referrals and interventions for low Court youths, and the
level juvenile offenders. residences of offenders.
Will use that information
to model a small pilot
program and evaluate
how it is working. Are
also evaluating the
current system for
underage drinking
referral whether a local
program would better
serve Louisville.
21 Target Decaying Residential Bruce 10/09 Partially Complete.
Properties and Neighborhood Goodman, Notice of violation letters
Degeneration. Paul Wood sent to 68 of 100 units
Work with property owners and on 10-26-09. Have
neighborhood groups to improve achieved 50% response
distressed residential properties. in conducting follow up
inspections resulting in
clearing violations.
Week of 12-7-09 finalize
outstanding inspections,
meet with property
owner to assess
outstanding violations
and set timing of
summons and complaint
issuance.
22 Capital Projects. Tom Phare, 12/09 Partially Complete.
Complete all capital projects Joe A and B are complete.
included in the 2009 Budget on Stevens, 2009 Capital projects
time and within budget. Bruce are underway through
A. Develop plan to improve short Goodwin, year end and include the
term working conditions/spaces Kevin following key projects:
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203
and identify long term solutions. Watson, Playground replacement
B. Begin Phase I implementation of Paul Wood projects at Pirates Park
cemetery master plan. and Annette Brandt Park;
trail improvements from
the recreation center to
Warembourg and
Daughenbaugh Open
Space; internal and
external improvements in
and around Memory
Square Swimming Pool;
landscape upgrades to
some of the South Boulder
Road medians; new signs
installed at Heritage Park,
Daughenbaugh Open
Space, and Memory
Square Park; Phase I of
Louisville Cemetery master
plan; roof/HVAC at the
Recreation Center; street
resurfacing throughout the
City, Dillon Rd, reuse
building, aeration blower;
NWTP Filter replacement.
SBR/Hwy42 rebudgeted to
2010.
23 Parking-In-Lieu Fee. Complete Paul Wood, 5/09 Partially Complete.
analysis, conduct public Kevin Recommendation
involvement and, based on that, Watson presented to BRaD in
prepare a proposal for Council 8/09. Traffic impact
consideration. review completed 10/09.
Public hearing before
the Planning
Commission on 11-12-
09, continued to 12-10-
09.
24 Green Building Program Paul Wood, 9/09 Partially Complete.
Develop and review with Mike Jones, Will seek GEO funding.
appropriate boards and interest LRCAB Adoption delayed;
groups proposed code changes to scheduled for first
implement Residential and quarter of 2010.
Commercial Green Building
standards.
25 Communications. Heather A: 1/09 Partially Complete.
A: Initiate weekly communication Balser, B: 7/09 Audit delayed, but CM
from City Manager to Council and Department C: 9/09 issues weekly updates
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204
Staff Directors and continues to meet
B: Complete Communications Audit with employees to seek
to evaluate effectiveness of existing input on issues of
methods in reaching all employees significance (Benefits,
and identifying changes or budget cuts, etc.)
additional approaches that would
more effective;
C: Identify preferred actions to
address issues identified by
communications audit
27 Radio Read Meters. A: Complete Tom Phare, A: 3/09 Partially Complete.
analysis of pros/cons and Kevin B: 12/09 Conducted field testing
cost/benefit of replacing the City’s Watson and completed
water meters. B: Develop and evaluation of proposals.
implement an action plan based on Contract approved for
that analysis. 2010 implementation.
27 Post Office Redevelopment. Bonnie Star A: 3/09 Partially Complete.
A: Negotiate lease agreement or B: 10/09 Eight showings to date.
implement effective City use of C: 12/09 Brokers Open House on
available space. August 26. There
B: Determine timeline for issuing continues to be active
RFQ for development partnership interest in this property.
C: Contingent on B above, execute Presented 2 letters of
contract for development design intent to Council 10/6/09.
Goal revised to include lease, sale, Pursuing lease or
or joint venture to reflect current development options.
market conditions.
28 Facilities Master Plan. Tom Phare A: 4/09 Partially Complete.
(A) Complete an inventory of all B1: 5/09 Initial data collection for
buildings and facilities (collaborate B2: 12/09 major facilities in place.
with P&R on Parks/Rec and Open Detailed multiyear plan
Space Facilities), (B) develop a 6- carried over to 2010.
year plan that identifies (1) all Energy use for 2008
resources needed to maintain each tabulated, 2009
facility and all anticipated significant summary pending.
facility repairs, renovations,
additions and improvements,
including projected cost, source of
funds, and timeline for action and
(2) the energy use profile for each
facility and options for reducing
energy consumption.
29 Northwest Rail Station Design. Paul Wood, Progressiv Partially Complete.
Work with RTD, DRCOG Heather e thru Reviewed preliminary
Technical Committee and other Balser 2009 results of EE in 8-09.
stakeholders to finalize the station Final EE due 12-09.
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design including parking
alternatives.
30 Banking Services. Issue RFP and Kevin A: 01/09 Delayed. – In Progress.
Award Bid on Banking Services. Watson B: 04/09 RFP issued on November
A: Issue RFP 2, 2009. Pre-Bid meeting
B: Approve Contract held on November 23,
2009. Responses to RFP
are due on January 4,
2010. Implementation of
new banking services
contract is projected for
March – April, 2010
31 Investment Management Kevin A: 02/09 Delayed. – In Progress.
Services. Issue RFP and Award Watson B: 05/09 RFP issued on November
Bid on Investment Management 9, 2009. Responses to
Services. RFP are due on December
A: Issue RFP 14, 2009. Award of Bid is
scheduled for February
B: Approve Contract
2009.
32 Expand Web-Based Public Bruce 07/09 Delayed. Will not be
Safety Information Systems. Goodman completed this year.
Expand web access to information There are not the
on how to not be a victim, personal resources available to
disaster preparation, vacation complete at this time;
house checks, pattern crime will be carried over until
notifications, etc. 2010.
33 Urban Renewal: Continue ED Bonnie Star, Based on Delayed. Ongoing staff
work and Hwy 42 Action Plan Kevin direction support of LRC – with
Implementation. Watson, from SOQ and parking study.
Paul Wood Council & Study delayed until 2010
LRC to coordinate with RTD
timeline.
34 Evaluation System. Kathleen A: 2/09 Delayed. Project
A: Identify 3 options to address Hix, B: 3/09 rescheduled for 2010.
perceived weaknesses of existing Department C: 4/09
evaluation system Directors D: 5/09
B: Review options with Department
Directors and Supervisors group.
C: Select preferred option.
D: Begin implementation of
preferred option
35 Purchasing Policy. Update Heather 12/09 Delayed. The scope of
Purchasing Policy and consider Balser, this project has been
comments from the Multiple Kevin expanded and the project
Assembly of Purchasing Officials Watson has been delayed until
(MAPO). 2010.
36 Investment Policy. Update Kevin 12/09 Delayed. This project has
9
206
Investment Policy and submit to Watson been delayed until 2010 in
Association of Public Treasurers for order to include input from
Review and Comment. the City’s new investment
advisor.
37 Utility Rate Study. Complete an Tom Phare, 12/09 Cancelled.
analysis of the City’s utility rates to Kevin
ensure that the rates generate the Watson
revenue needed to support the
operating, maintenance, capital
replacement and anticipated capital
expansion of the system.
38 Pursue 1601 Process for Heather 12/09 Cancelled.
th
Interchange at 88 Street. Balser,
Coordinate with funding partners to PW staff,
proceed on CDOT formal process Planning
for interchange improvements at staff
th
88 Street. Conduct Traffic
Analysis, evaluate interchange
options, analysis, draft design
documents, and identify partners
and who responsible for costs, etc.
Submit to CDOT for review and
approval.
39 Contingency. Plan for unanticipated events and changes in projects that occur during the
year. Some of the more significant efforts include:
1. Evaluated and implemented cost cutting and revenue increase options to respond to
revenue shortfalls in most areas.
2. Restructured budget process – new budget calendar with C-I-P earlier in the year,
new C-I-P and operational budget request forms.
3. Worked with US36 corridor cities, CDOT and DRCOG to submit TIGER
(Transportation Investment Generating Economic Recovery) grant application for
US36 corridor improvements.
4. Researched, presenting and implemented CDARS investment program.
5. Responded to citizen requests for code changes authorizing keeping of chickens and
bees. Based on Council direction, developed ordinance covering bee keeping.
6. Developed a Medical Marijuana Dispensary Ordinance.
7. Negotiated and implemented a cost sharing agreement with Town of Superior for
Library services.
8. Expanded annual street resurfacing program to take advantage of competitive bidding
environment.
9. Developed and maintain a Revenue “Dashboard” to make it easier to comprehend the
City’s budget status during these highly volatile economic conditions.
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207
10. Addressed citizen complaints about Comcast.
11. Coordinated responses to Money Magazine’s inquiries and helping them understand
just how great Louisville really is.
12. Worked to resolve inter-jurisdictional disagreements over things like the McCaslin
interchange, North Metro fire station, shared parking at the Sportsplex.
13. Implemented John Breaux Clean-Up Events and worked to create a suitable memorial
to help keep John’s spirit alive in the community.
14. Responding proactively when opportunities like the MDEDC site selection event
become available and working to make sure Louisville is well-represented.
15. Exploring collaborative approaches with our neighbors to provide services in a cost-
effective manner.
16. Working with developers and neighborhood representatives to explore ways to
redevelop the Baptist Church property and preserve the adjacent open space.
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208
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
1 Training. Organize and A. Identify skills and A. December 2009 Heather Balser
Implement a Series of Training knowledge needed B. January 2010 Kathleen Hix
Classes focused on skills and B. Identify Training content C. January 2010
knowledge needed to be a C. Identify Trainers and D. January 2010
employees who would like to
successful supervisor at the City
be a part of the Citywide
of Louisville
Training Team
D. Schedule training
2 Human Resources A. Write RFP for HRIS A. April 2010 Heather Balser Note this goal is
Information System (HRIS) B. Send out RFP B. May 2010 Kathleen Hix later in the year
Implementation. C. Review Proposals C. June 2010 due to all the
D. Make recommendation D. July 2010 other goals being
to City Manager E. July 2010 primarily focused
E. Announce Bid Award F. August on the first half of
F. Begin Implementation 2010 the year.
3 Communication Audit. A. Assess information A. 12/15/09 Meredyth Muth
Determine effectiveness of our obtained from prior audit – Kathleen Hix
efforts to inform employees. did the questions result in
the information desired?
B. Design a Pilot survey B. 01/15/10
C. Conduct pilot survey C. 01/30/10
D. Evaluate findings of Pilot D. 02/15/10
survey
E. Improve or revise survey E. 02/20/10
F. Conduct Final On-Line F. 02/28/10
Survey
G. Evaluate and analyze G. 03/15/10
findings of survey
H. Compete a report of H. 04/15/10
survey
I. Implement any changes I. Throughout
as determined by results of 2010
the survey.
209
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
4 Performance Measurement. A implement performance 06/01/2010 Heather Balser
Make data driven management measures adopted by the Kathleen Hix
decisions Colorado Performance COL Directors
Measurement Consortium
5 Update Performance A. Complete review and A. 7/01/10 Heather Balser
Evaluation Tool recommendation for an Kathleen Hix
updated performance
appraisal management
system
B. Develop training for B. 08/01/10
supervisors and employees
C. Train Supervisors and C. September
Employees on new system and October 2010
6 Emergency Preparedness. Complete a “Table Top” 1st Quarter 2010 Bruce Goodman
Safety/Emergency
Management Training
Exercise
7 Business Retention and A. Review and make Continuous Bonnie Star
Development. Coordinate recommendation on all throughout 2010. BRaD
business retention and BAPs (business assistance Council will
recruitment activities. packages) receive bi-monthly
B. Conduct Forty visits with reports
local business leaders
C. Regular CEO forums
8 Conduct City Council Long- A. Review and Update Long A. January Elected Officials
Term Goals Retreat and Range Forecast Malcolm Fleming
Ensure Revenues Are B. Strategize on long-term B. February Heather Balser
Consistent With Service vision for the City and Kevin Watson
Discuss options with and Department
Demands.
Council Directors
210
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
C. Decide if Tax Vote C. March
should be put on ballot
D. If so, coordinate efforts D. March-
through November November 2010
9 Install New Water Meters with Complete installation of new 07/01/10 Tom Phare
Radio Read Capability meters throughout the City
10 Financial Management A. Complete training on A. 11/24/09 Kevin Watson
System. ADG FMS
B. Go live on ADG FMS B. 11/25/09
(Innoprise Cut-Off)
C. Complete Training on C. 12/11/09
ADG UBS
D. Go Live on ADG UBS, D. 12/14/09
Being Parallel Billing
E. Complete E. 6/30/10
Implementation of all ADG
applications
11 Implement Shared Services Pursue opportunities to 12/01/2010 Malcolm Fleming
Agreements that reduce costs provide shared Heather Balser
while maintaining or services/efficiency measures
enhancing services with neighboring
municipalities
12 Adopt New Golf Course Finalize new contract 1st quarter 2010 Joe Stevens
Management Agreement
13 GIS Implementation. Establish A. Aerial Photo A. 12/31/09 Susan Dellinger
a city-wide effective database B. Planimetric Data and B. 07/31/10 Chris Browning
that benefits all departments Infrastructure Linking Kevin Watson
C. Master Address File C. 06/30/10 Tom Phare
D. Public Web Access D. 10/31/10 Paul Wood
E. Use GIS for various E. Ongoing Joe Stevens
projects including roadway Beth Barrett
211
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
surface condition inventory,
parks maintenance, plan
review, library usage and
more
14 Review of City Fees. A. Prepare comprehensive A. 03/31/10 Bonnie Star
Consolidate all fees into one listing of fees Dept. Directors
Resolution to make them easier B. Review with Dept. B. 04/01/10 –
to review and update. Directors and evaluate 05/31/10
degree to which fees covers
reasonable costs.
C. Write Ordinance to C. 06/30/10
amend municipal code; write
Resolution
15 Energy Conservation Review City Facilities for 06/01/10 Tom Phare
Measures/Efficiencies Energy Infrastructure Meredyth Muth
16 Update Investment Policy Submit to Association of 12/31/10 Kevin Watson
Public Treasurers for Review
and Comment
17 Implement Banking Services A. Release of Request for A. 11/02/09 Kevin Watson
Agreement Proposals (RFP) Document
B. Pre- Bid Meeting B. 11/23/09
C. Responses to RFP C. 01/04/10
D. Recommendations to City D. 02/16/10
Manager & Finance
Committee
E. Formal Award of Bid and E. 03/02/10
Proposed Contract
Submitted to City Council
F. Complete Implementation F. 04/05/10
and Beginning Contract Date
18 Investment Services A. Release of Request for A. 11/09/09 Kevin Watson
Agreement Proposals (RFP) Document
212
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
B. Responses to RFP B. 12/14/09
C. Recommendation to City C. 01/19/10
Manager & Finance
Committee
D. Formal Award of Bid and D. 02/02/10
Proposed Contract
Submitted to City Council
19 US 36 ROD Finalize in early 2010 and 12/01/2010 Heather Balser
pursue funding opportunities Planning
Public Works
Parks and
Recreation
20 Northwest Rail EE Provide comment in early 11/01/2010 Heather Balser
2010 to environmental Planning
evaluation and continue to Public Works
refine station design. Parks and
Continue to track and pursue Recreation
funding opportunities to fill
FasTracks gap.
21 Market “Best City” Status Efforts to Promote Louisville 12/31/10 Bonnie Star
22 Adopt and Implement Green Finalize Guidelines and 07/01/10 Paul Wood
Building Design Guidelines Amend Code
23 Medical Marijuana Implementation 06/01/2010 Paul Wood
Dispensaries Planning/Zoning Monitor State Legislative Bruce Goodman
Regulations Actions Heather Balser
24 ConocoPhillips Coordination A. Work closely with COP 08/01/2010 Paul Wood
during redevelopment process. representatives to quickly 3rd Quarter Tom Phare
resolve planning, public Joe Stevens
works, parks and open Bruce Goodman
space and public safety Bonnie Star
213
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
related issues with CP’s site
during site development and
after facility opening.
B. Plan Review
25 Urban Renewal. Conduct visits A. Schedule visits Continuous Bonnie Star
with affected landowners in the throughout 2010 LRC
Study Area. Monitor FasTracks
status.
26 Post Office Redevelopment. A. Coordinate efforts with Continuous Bonnie Star
listing broker. Negotiate throughout 2010
lease agreement or sale for
appropriate redevelopment.
27 Cross-Train City Employees. A. Assess needs of 12/31/10 COL Directors
Provide backup to departments departments
with limited staff members and B. Evaluate the duties that
maintain basic services during are to be performed by a
cross-trained employee
inclement weather or emergency
C. Identify employees to be
situations. cross-trained
D. Conduct training for
affected employees
28 Develop Library/Museum A. Develop shared A. 06/01/2010
Collaboration programming
B. Increase access to B. 12/31/2010
Museum’s print and
photographic resources
through Library website
C. Explore funding C. 10/01/2010
possibilities for
photodigitization
29 Contingency. Plan for
unanticipated events and
changes in projects that occur
214
2010 City Manager’s Goals
Ref GOAL Objectives Time Key Team Current
# Frame Members Status
during the year.
215