HomeMy WebLinkAbout2023-03-13 (Special) Meeting Agenda Packet
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Community Room
1000 Englewood Parkway
Englewood, CO 80110
AGENDA
City Council Special Meeting
Monday, March 13, 2023 ♦ 6:00 PM
Council Dinner will be available at 5:30 p.m.
To view the meeting, please follow this link to our YouTube live stream link:
City Council Special Meeting
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Study Session Topic
a. Planning Manager Bryan Isham, Matt Ashby of Ayres Associates, and Chris Brewster
of Multi Studio will be present to discuss Housing Strategies.
iva
V. Break - 10 minutes
VI. Approval of Ordinances on First Reading
a. CB 09 - Electric Grounding Facilities Easement at Belleview Park
via
Staff recommends City Council approve a Bill for an Ordinance for Electric Grounding
Facilities Easement at Belleview Park. Staff: Open Space Manager, Parks,
Recreation, Library, and Golf Adrian Torres, and Land Specialist, 39 North
Kenneth Harris
b. CB 15 - South Broadway Complete Streets Project
vib
Staff recommends City Council approve a Bill for an Ordinance for an IGA with CDOT
in the amount of $7,540,000.00 for the design and construction of the South Broadway
Complete Streets Project. Staff: Public Works Capital Project Engineer II Devin
Keener
c. CB 16 - South Broadway High Intensity Activated Crosswalk (HAWK) Signal
vic
Staff recommends City Council approve a Bill for an Ordinance for an
Intergovernmental Agreement (IGA) with Colorado Department of Transportation
(CDOT) in the amount of $394,394.00 for the South Broadway HAWK Signal. Staff:
Capital Projects Engineer II Devin Keener
VII. Resolutions and Motions
a. 2023 updates to the City of Englewood Strategic Plan
Page 1 of 462
Englewood City Council Special Meeting Agenda
March 13, 2023
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vii
Staff recommends City Council approve, by Motion, 2023 Strategic Plan Updates.
Staff: Deputy City Manager Tim Dodd
VIII. Mayor’s Choice
a. Discussion of possibly scheduling an additional special City Council meeting for the
week of March 20.
IX. Council Member’s Choice
X. City Manager’s Choice
XI. Adjournment
Page 2 of 462
STUDY SESSION
TO: Mayor and Council
FROM: Bryan Isham
DEPARTMENT: Community Development
DATE: March 13, 2023
SUBJECT: Housing Discussion
DESCRIPTION:
Discussion on Housing Strategies
RECOMMENDATION:
CodeNext project consultants Chris Brewster of Multi Studio, Matt Ashby of Ayers Associates,
Mollie Fitzpatrick of Root Policy Research, project manager Bryan Isham, Planning Manager,
and Brad Power, Director of Community Development, will be present to update city council on
CodeNext.
PREVIOUS COUNCIL ACTION:
July 27, 2020: Joint session with city council and planning and zoning commission.
August 10, 2020: Unified Development Code Steering Committee formed by city council.
March 22, 2021: Presentation of the final Unified Development Code (UDC) Assessment Report
and consensus to move forward with the request for proposals and establishment of a steering
committee for the development code redrafting process.
May 10, 2021: City council interviewed 14 residents for possible appointment to the steering
committee.
May 17, 2021: City council appointed five members from the community to the steering
committee, completing the steering committee formation.
July 19, 2021: Professional Services Agreement with Gould Evans approved by city council.
November 1, 2021: Quarterly update of the CodeNext project.
February 7, 2022: Quarterly update of the CodeNext project with steering committee members
present.
April 18, 2022: Professional Services Agreement with Root Policy Research approved by city
council for Housing Needs Assessment.
Page 3 of 462
May 9, 2022: Quarterly update of the CodeNext project.
August 22, 2022: Quarterly update of the CodeNext project.
November 7, 2022: CodeNext update of the draft technical provisions.
November 14, 2022: CodeNext update of the mobility, access and public realm design and
technical provisions.
November 21, 2022: CodeNext update of the sustainability and community design provisions.
November 28, 2022: CodeNext update of the housing and neighborhood design provisions.
January 23, 2023: CodeNext update of zone districts and uses and housing typology follow-up
items.
February 27, 2023: CodeNext update of signs, historic preservation, and definitions provisions.
SUMMARY:
The CodeNext project team will provide a requested follow-up of topics from the November 28,
2022 study session and January 23, 2023 special session with additional exhibits for discussion
and direction. Items for discussion include: accessory dwelling units, small-lot single-family
detached developments, multi-unit developments, and affordable housing requirements.
ANALYSIS:
This is the seventh scheduled study session review of the redrafted Title 16, addressing housing
provisions of the updated development code. The city council has previously discussed the
items at the November 28, 2022 and January 23, 2023 city council meetings and has had
follow-up discussion items.
COUNCIL ACTION REQUESTED:
The project team will respond to comments and questions from city council regarding items
related to the housing provisions of the CodeNext process as well as additional follow-up items.
Discussion and direction will be used by staff and the consultant team to prepare a final draft
and formal recommendation on the CodeNext updates.
The project team will continue to provide quarterly updates at city council study sessions, as
well as monthly updates in the city manager's weekly report.
FINANCIAL IMPLICATIONS:
The CodeNext project is incorporated in the 2023 Community Development Department work
plan and budget.
CONNECTION TO STRATEGIC PLAN:
CodeNext addresses the following strategic plan goals:
Community Wellbeing
Affordability
Page 4 of 462
Community-Wide Identity
Governance
Community Engagement
Infrastructure and Transportation
Multi-Modal Transportation
Economy
Commercial Corridor Vibrancy
CityCenter Redevelopment
Neighborhoods
Community Engagement
Neighborhood Aesthetics
Safety
Building and Public Safety
Sustainability
Built Environment and Infrastructure
Community Resilience
Economic Resilience
Energy
Natural Environment
Water Protection
OUTREACH/COMMUNICATIONS:
All project information and materials can be found on the CodeNext webpage on the Englewood
Engaged platform. engaged.englewoodco.gov/codenext
ATTACHMENTS:
Affordable Housing Incentive and Inclusionary Analysis
PowerPoint Presentation
Page 5 of 462
Root Policy Research
6741 E Colfax Ave, Denver, CO 80220
www.rootpolicy.com
970.880.1415
Affordable Housing
Incentive &
Inclusionary Analysis
PREPARED FOR: CREATED
City of Englewood, Colorado 11/18/2022
Page 6 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 2
Introduction
This memo outlines the policy options available to the City of Englewood to incentivize
or mandate affordable housing production in conjunction with new development. It
begins with an overview of incentive and inclusionary policy options along with benefits
and challenges of each option, followed by a discussion of market impacts affordability
requirements/incentives and a feasibility analysis of specific policy options in
Englewood.
Overview of Incentive and Inclusionary Policy Options
The primary policy tools used to incentivize or mandate affordable housing production
in conjunction with new development are typically characterized as:
Voluntary incentive policies, in which affordable production is encouraged by
specified zoning variances;
Mandatory inclusionary housing policies, which can include incentives/offsets for
compliance; and
Affordable housing linkage fees, which mandate an impact fee on new
development in proportion to its impact on affordable housing needs.
It is important to note that incentive and inclusionary housing policies are just one tool
in the suite of strategies available to help address housing needs in Englewood. This
specific tool applies only to new housing development and typically focuses on low to
moderate income affordability. On its own, an incentive or inclusionary policy does not
typically supply housing that meets the needs of very low or extremely low income
households (households earning less than 50% Area Median Income, or AMI) unless
paired with other subsidies or programs.
The table on the following page summarizes the benefits, challenges, and legislative
requirements of each policy option. The table also provides a description of the
program (“basics”) and whether application of incentives and options is common.
Voluntary incentive programs are the easiest to implement but also typically generate
fewer affordable units than mandatory inclusionary.
Page 7 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 3
Figure 1. Benefits and Challenges of Policy Options
Voluntary Incentive Program Mandatory Inclusionary Program
(with or without incentives)
Residential / Commercial
Linkage Fee
Th
e
B
a
s
i
c
s
Residential developers are offered zoning or land
use incentives in exchange for including some
affordable units in their development (commonly
5%-20% of units are must be affordable in order
to obtain incentives). Participation is optional.
Residential developers are required to include
some affordable units (5%-20%) in their
development or pay a fee in lieu of building
affordable units. Can be combined with
incentives or offsets, but program participation
is not optional.
Impact fees applied to all new
development; tied to the demand
for affordable housing created by
such development.
In
c
e
n
t
i
v
e
s
an
d
O
p
t
i
o
n
s
Must have incentives in order to encourage
participation in the program. Developers typically
have a menu of incentive options but programs
do not usually offer alternative compliance
pathways (e.g., fee in lieu or off-site build).
Can be paired with incentives and offsets but
program is not reliant on incentives. Typical
compliance options are fee in lieu and/or off-
stie build. Fees can be set low if a city desires to
minimize impact on developers.
Not typically paired with incentives
or offsets. Residential linkage fee
programs typically offer a build
alternative to the fee if developers
create a specified number or
proportion of affordable units.
Be
n
e
f
i
t
s
Easier political alternative to mandatory
inclusionary because does not receive industry
opposition. Can be structured to benefit City
partners such as housing authorities and other
affordable housing specialists, even if it does not
attract private-sector developer participation.
Mandatory programs are one of the most
effective ways to generate affordable units
without public subsidy (in markets that are
actively developing new housing). Flexibility in
program design allows communities to tailor
programs to their specific needs/priorities.
Inherently "fair" in that fees are
applied to all development types
and linked to quantifiable impacts
of such development. Generates
revenue for affordable
development.
Ch
a
l
l
e
n
g
e
s
Program must be well-calibrated to entice
developers to participate. Voluntary programs
typically result in fewer units than
mandatory programs. They do not typically
offer a vehicle for revenue generation (fee in lieu
is not typically a part of voluntary programs).
Generally faces opposition from development
community (though academic research shows
minimal impact to actual market metrics).
Outcomes vary based on policy priorities and
program design (e.g., production vs revenue
generation) so clear direction up front is
important to program success.
Requires nexus study up front.
Places burden of affordable
development on City through
expenditure of funds and
affordable development partners
(instead of leveraging private
development).
Le
g
i
s
l
a
t
i
v
e
Re
q
u
i
r
e
m
e
n
t
s
No legal requirements.
Must offer a compliance "option" and
demonstrate past or current actions that
increase density or promote affordable housing
(see "a note about inclusionary housing in
Colorado" section that follows).
Same legal context as other types of
impact fees: nexus study that sets
maximum legally defensible fee
amounts; and fee revenue must be
spent to address the "impact"
defined in the nexus study (i.e., on
affordable housing).
Note: Description of Legislative Requirements should not be construed as legal advice.
Source: Root Policy Research.
Pa
g
e
8
o
f
4
6
2
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 4
A note about inclusionary housing in Colorado. In May 2021, the
Colorado state legislature opened the door for mandatory Inclusionary Housing (also
called Inclusionary Zoning or IZ) policies to apply to both rental and for-sale
development in Colorado. Prior to the passage of HB21-1117, mandatory inclusionary
was considered to be “rent control” and therefore was limited to for-sale development
application.
Municipalities that wish to enact mandatory inclusionary housing policies (under HB21-
1117) are required to:
1) Offer a compliance alternative to on-site construction of the required affordable units
(e.g., a fee in lieu); and
2) Demonstrate current or previous actions intended to increase density or promote
affordable housing (e.g., zoning changes that increase density or support affordable
housing; or fee reductions or other variances or regulatory adjustments for affordable
housing).
Currently there are six municipalities with active mandatory inclusionary or linkage
policies in the Denver Metro including the City and County of Denver, the City and
County of Broomfield, and the Cities of Littleton, Boulder, Longmont, and Superior.
Many more communities offer development incentives for affordable housing, though
very few refer to these policies as “voluntary inclusionary” programs—in part due to the
historic legal challenges with mandatory inclusionary housing in Colorado. In addition, a
recent DRCOG survey indicates that at least 10 Denver metro municipalities are
currently considering implementation of inclusionary housing programs in response to
the state legislative changes in 2021 (HB21-1117).
Market Impacts of Affordable Incentives and Requirements
Market feasibility is a critical component of market-driven policy initiatives, such as
incentives, inclusionary policies, and linkage fees. Such programs leverage new
development to create affordable units that meet the community’s needs. Without the
creation of new market-rate housing, the inclusionary/incentive programs won’t create
any new affordable units. That doesn’t mean all programs must be cost-neutral but it
does mean the market impacts should be evaluated in conjunction with the policy
benefits.
How do affordable requirements and incentives impact project
feasibility? Though every development operates under unique circumstances,
affordability requirements and/or incentives most commonly impact developments
by imposing constraints on revenue—either ongoing operating revenue for rentals or
sales revenue of for-sale products. Fees—including linkage fees and in-lieu fees—have
no impact on revenue but do impact up-front costs. Specific development proforma
impacts are described below:
Page 9 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 5
When affordable (income-restricted) unit construction is included in rental
developments, the income restricted units reduce the potential net operating
income, though the per-unit cost of constructing affordable units and operating
them is typically the same as market-rate units. In a for-sale context, affordable
units reduce the expected sale revenue.
When a linkage fee (or inclusionary fee-in-lieu) is required, initial development costs
(and therefore ongoing debt service) increase due to the fee, but revenue continues
to reflect market-rate potential.
When height incentives are offered in exchange for affordable units, the total
development cost increases with the increased height while net operating income
(or sale revenue) per unit declines (as a result of the income-restricted units).
However, that decline can be offset by the overall increase in the number of
market-rate units (resulting from the height bonus).
Changes in development cost per unit with a height bonus vary according to
building types and codes. When the increased height results in a new construction
type (for example going from wood-frame construction to steel/concrete), the cost
per unit increases. However, if the height bonus adds units without changing the
construction type, cost per unit will decline, primarily due to the increased
efficiency of land cost per unit.
How do markets adjust to affordability requirements? As with all
regulatory and market-driven changes, local development economics would likely need
to adjust should an affordability requirement be imposed via mandatory inclusionary
housing. These adjustments commonly include shifts in land values. Additionally,
construction labor costs, development amenities or finish level, unit size/configuration,
market-rate rents, and/or investor expectations may also shift in response to new
requirements.
Academic research on the impact of inclusionary requirements generally shows no
impact on housing supply delivery and little to no impact on housing market pricing. In
other words, in most cases, inclusionary does not slow development but it could result
in marginal increases to market rate rents (0%-3%, which is less than a typical annual
increase).1
Setting affordability targets for inclusionary policies. Area Median
Income, or AMI, is the typical metric by which households qualify for various housing
programs. HUD sets AMI annually by market area and household size; Englewood is
included in the broader Denver Metro AMI (which includes Adams, Arapahoe,
Broomfield, Clear Creek, Denver, Douglas, Elbert, Gilpin, Jefferson, and Park counties.)
1 Economics of Inclusionary Housing Policies: Effects on Housing Prices, Grounded Solutions Network, 2016.
Available online at: https://inclusionaryhousing.org/wp-content/uploads/2016/09/Economics-of-Inclusionary-
Housing-Policies-Effects-on-Housing-Prices_a.pdf
Page 10 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 6
Figure 2 shows the 2022 Denver Metro AMI income limits which guide housing program
qualification in Englewood. Affordable home prices and affordable rents are each AMI
are also included for reference.
Figure 2.
HUD AMI, Denver
Metro, 2022
Note:
Affordable home price calculation
assumes 10% down on a 30-year fixed
rate mortgage with 5.0% interest;
assumes 20% of monthly costs are non-
mortgage.
Source:
HUD, CHFA rent and income limits, and
Root Policy Research.
Considerations for AMI targets in inclusionary policies include alignment with local
housing needs, as well as consistency with existing housing program and funding
definitions. For example, the LIHTC program (the largest contributor to affordable rental
housing nationwide) targets 60% AMI households or less. State funding sources,
including Private Activity Bonds (PAB) target 60% AMI or less for rental and 115% AMI or
less for owners.
1 2 3 4 5
Income Limit
30% AMI $24,650 $28,150 $31,650 $35,150 $38,000
50% AMI $41,050 $46,900 $52,750 $58,600 $63,300
60% AMI $49,260 $56,280 $63,300 $70,320 $75,960
80% AMI $62,600 $71,550 $80,500 $89,400 $96,600
100% AMI $82,100 $93,800 $105,500 $117,200 $126,600
120% AMI $98,520 $112,560 $126,600 $140,640 $151,920
Affordable Home Price
30% AMI $101,021 $115,364 $129,708 $144,052 $155,731
50% AMI $168,231 $192,205 $216,180 $240,154 $259,416
60% AMI $201,877 $230,646 $259,416 $288,185 $311,299
80% AMI $256,547 $293,226 $329,905 $366,379 $395,886
100% AMI $336,462 $384,411 $432,360 $480,309 $518,832
120% AMI $403,754 $461,293 $518,832 $576,370 $622,598
Affordable Rent Studio 1 Bdrm 2 Bdrm 3 Bdrm 4 Bdrm
30% AMI $615 $659 $791 $914 $1,020
50% AMI $1,026 $1,099 $1,318 $1,523 $1,700
60% AMI $1,231 $1,319 $1,582 $1,828 $2,040
80% AMI $1,642 $1,759 $2,110 $2,438 $2,720
100% AMI $2,052 $2,198 $2,637 $3,047 $3,400
120% AMI $2,463 $2,638 $3,165 $3,657 $4,080
Persons in Family
Page 11 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 7
Feasibility Analysis
Feasibility analyses are designed to test the market viability of incentive programs
and/or calibrate inclusionary requirements to specific markets by evaluating the cost of
affordable unit set-asides alongside the financial benefits of incentives or offsets (if
offered).
Financial feasibility models are based on development proformas typically used in the
real estate industry to determine whether a project is financially feasible. A proforma is
comprised of a development budget (i.e., construction and other costs associated with
building development); an estimate of income as units are sold or rented; and an
estimate of project value based on project income at stabilization and the estimated
value of the entire development at sale.
Home prices and rents. As noted previously, inclusion of affordable units (either
as a result of incentive programs or inclusionary programs) lower the expected revenue
of a project by restricting sale prices or rental monthly rents of a small proportion of the
units. Figure 3 shows the differential between market-rate and affordable home prices
and rents in the Denver Metro at 80% AMI and 60% AMI, respectively.
Figure 3.
Market-Rate and
Affordable
Price/Rent
Comparison,
Denver Metro
Note:
Affordable home price for
single family assumes 3-
person household while
townhome assumes 2-person
household.
Source:
CHFA Income and Rent
Limits, Denver Metro Rental
Vacancy Survey, ZONDA, and
Root Policy Research.
Value of development incentives. Development incentives are inherently part
of voluntary incentive programs but it is also common for inclusionary housing policies to
include development incentives that help offset costs of the affordability requirements.
Page 12 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 8
Financial benefits of common incentives are described below. (The subsequent feasibility
analysis evaluates the financial benefit alongside the cost of affordable unit inclusion).
Parking reduction—Parking costs vary from about $5,000 per space for surface
lots to $45,000 per space for structured parking (and more for underground
garages). Reducing parking ratios from 2.0 to 1.5 spaces per unit would save
$22,500 in development costs for structured parking and $2,500 per unit for
surface parking. This analysis assumes the parking reduction would apply across
the entire development, not just to affordable units. In addition to the direct
savings, reduced parking may also allow a developer to include additional
residential units with the saved space.
Fee rebates—typical fee rebates range from $5,000 to $15,000 per affordable unit
and are often capped at a certain threshold. These incentives are usually extended
only to the affordable units within a development. A $5,000 per affordable unit fee
rebate in association with a 10% affordability set-aside would effectively lower the
per-unit cost of the entire development by $500 per total unit.
Density bonus and open space reduction—Both density bonuses and open
space reductions serve to increase the number of units that can be constructed as
part of an overall development. As long as the increase in unit capacity does not
change the construction type (e.g., from lumber to steel) then the cost per unit does
not change significantly. The developer may realize some overall cost savings in per
unit land costs but the bigger benefit is in increased total revenue for the project.
Fast-track or administrative approvals—Process-oriented incentives are
highly valued by developers but are not quantifiable in the same way as other
incentives. Evens so, these types of incentives are often a key driver in success of
incentive programs.
Existing development conditions. The feasibility model starts with base case
scenarios that reflect proposed development standards (under CodeNext) in
Englewood:
Detached house on a medium (7,200 square foot) lot;
For-Sale row-house on a large lot (3,000 square foot per unit minimum lot size);
3-story small apartment building (10 units on an 18,000 square foot lot) with
surface parking (average of 2.25 parking spaces per unit);
3-story medium apartment building (27 units on a 40,000 square foot lot) with
surface parking (average of 2.25 parking spaces per unit); and
6-story large apartment building (108 units on a 40,000 square foot lot) with
structured parking (average of 2.00 parking spaces per unit).
Figure 4 shows the base case proformas under current development conditions in
Englewood.
Page 13 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 9
Figure 4.
Base Case Development Conditions
Notes: Proforma assumptions are based on Marshall & Swift Commercial Cost Estimating software and supplemented with interviews
with developers, architects, and contractors active in the local market. Revenue and operating cost data include input from
developers as well as market data.
Source: Marshall and Swift Estimator, Developer Interviews, and Root Policy Research.
Incentives and affordability set-asides. To evaluate feasibility of
affordability incentives and requirements, Root adjusted the base case scenarios to
include proposed incentives and affordability set-asides. Root then compared the
returns to developers/investors on the base case to returns on incentive developments.
Results of the feasibility analysis can be used to evaluate the policy options of both
voluntary incentive programs and mandatory inclusionary programs (with incentives).
For a voluntary incentive program, the value of the incentives must exceed the cost
of the affordability requirement, resulting in net gains in return metrics (i.e., added
benefit to the developer in the form of higher project values and profits relative to
Single Family
Detached
(medium lot)
Row-House
(large lot)
3-Story Small
Apartment
3-Story Large
Apartment
6-Story Large
Apartment
Site and Prototype Characteristics
Parcel Size (SF) 7,200 18,000 16,553 39,945 39,945
Total Units 1 6 10 27 108
Avg SF per unit 2,450 1,800 1,000 1,000 900
Parking type 2-car garage 1-car garage surface surface structure
Parking ratio 2 2 2.25 2.25 2.00
Development Costs
Land cost per unit 150,000$ 78,000$ 50,000$ 50,000$ 50,000$
Hard cost per unit 395,000$ 338,000$ 222,750$ 222,750$ 305,751$
Hard cost per unit excluding parking 375,000$ 323,000$ 211,500$ 211,500$ 215,751$
Parking cost per space 20,000$ 15,000$ 5,000$ 5,000$ 45,000$
Soft costs per unit 65,175$ 57,291$ 38,000$ 38,000$ 45,000$
Total Development Cost 610,175$ 2,839,746$ 3,107,500$ 8,390,250$ 43,281,124$
Total Development Cost per Unit $610,175 $473,291 $310,750 $310,750 $400,751
Revenues and Operating Expenses
Sales Revenue $695,000 $3,240,000
Sale Price Market Rate (per unit) $695,000 $540,000
Annual Rental Revenue 263,226$ 710,710$ 3,241,763$
Market-Rate Rent (per unit /mo) 2,309$ 2,309$ 2,401$
Parking revenue (per structured space) 50$
Vacancy Rate 5% 5% 5%
Operating/Sales Expenses
Cost of sale/marketing (2% of revenue) 13,900$ 64,800$
Annual operating cost per unit 9,000$ 9,000$ 9,000$
Valuation Detail
Net Sale Value or Net Operating Income $681,100 $3,175,200 $173,226 $467,710 $2,269,763
Return on Cost 11.6% 11.8% 5.57% 5.57% 5.24%
Page 14 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 10
the base-case development). Otherwise the program will not be desirable and
would not entice developer participation.
For an inclusionary program (with incentives):
Modest declines in returns can generally be absorbed by a project and still
maintain financial feasibility; however substantial declines in returns could
result in the relocation of a proposed project to a different jurisdiction.
Improved returns suggest the benefit of the incentive package outweighs the
cost of the affordability set-aside.
Root tested the affordability set-asides (the proportion of affordable units required) and
incentives outlined in Figure 5.
Figure 5.
Affordability Set-Asides and Incentives Tested for Englewood
Source: Multistudio and Root Policy Research.
As discussed previously, process-oriented incentives are highly valued by developers but
are not quantifiable in the same way as other incentives and are therefore not included
in the feasibility analysis.
The feasibility analysis focuses specifically on incentive policies, which would be
available to all developments and therefore require the most calibration to market
conditions. Additional incentives may be considered for majority affordable
developments, which have a different financial structure (and mission-driven
developers) and are therefore not part of the financial feasibility analysis.
Development Bonus Parking Reduction
Tier 1:
Detached
House
25% of units below 100% AMI
Allow multi-unit house standards in
detached house medium lot zone
districts, with lot size reduction to 1,800
SF per unit
1-car garage per unit + on-
street parking
Tier 1:
Row-
House
10% of units below 80% AMI Allow row-house "small lot" standards in
row-house "large lot" zone districts
1-car garage per unit + on-
street parking
1 BR / efficiency – 0.5 / unit
2 BR – 1 / unit
3+ BR – 1.5 / unit
1 additional story in R-2B and MU-R-3-C 1 BR / efficiency – 0.5 / unit
2 BR – 0.75 / unit
3+ BR – 1 / unit
Mu
l
t
i
-
U
n
i
t
R
-
1
D
i
s
t
r
i
c
s
Tier3
Attainable Housing Adjustments
10% of units below 60% AMI;
OR
15% of units below 80% AMI
10% of units below 60% AMI;
AND
an additional 10% of units
below 80% AMI
2 additional stories in MU-R-3-A and -
B; ,M-1 and-2and MU-B-1 and -2
Attainable Housing
Guidelines
Tier 2 1 additional story in MU-R-3-A, -B, and
-C; M-1 and -2; and MU-B-1 and 2
Page 15 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 11
Feasibility results—single family for-sale prototypes. Figure 6 shows the results
of the feasibility anlaysis for single family and row-home prototypes. The first two
columns compare the baseline single
family prototype in a single-unit
development with the proposed incentive,
which allows for a 4-plex multi-unit house
in detached house medium lot zone
districts, when at least one of the four
units is Affordable. In this scenario, the
affordability target is set at 100% AMI. An
illustration of a four-plex on a single family
lot is shown at right for reference.
The last two columns compare a row-house development in which the base case is
subject to the row-house large lot development standards and the incentive applies the
small-lot row-house standards in exchange for 10% of the units affordable to 80% AMI.
In both cases, the proposed incentives improve the project returns, even after
accounting for affordability set-asides.
Figure 6.
Feasibility Results: Single Family, For-Sale Prototypes
Source: Marshall and Swift Estimator, Developer Interviews, and Root Policy Research.
Base Case
Incentive: 4-plex
on SF Lot for
25% @ 100% AMI Base Case
Incentive: Small-
lot Row-House for
10% @ 80% AMI
Site and Prototype Characteristics
Parcel Size (SF) 7,200 7,200 18,000 18,000
Total Units 1 4 6 10
Affordable Units 0.00 1.00 0.00 1.00
Avg SF per unit 2,450 1,500 1,800 1,800
Development Costs
Land cost per unit $150,000 $37,500 $78,000 $46,800
Hard cost per unit $395,000 $338,000 $338,000 $338,000
Soft costs per unit $65,175 $57,291 $57,291 $57,291
Total Development Cost $610,175 $1,731,164 $2,839,746 $4,420,910
Total Development Cost per Unit $610,175 $432,791 $473,291 $442,091
Revenues and Operating Expenses
Sales Revenue $695,000 $2,052,360 $3,240,000 $5,189,905
Sale Price Market Rate (per unit) $695,000 $540,000 $540,000 $540,000
Income Restricted Sale Price (per unit)$366,379 $432,360 $329,905 $329,905
Operating/Sales Expenses
Cost of sale/marketing (2% of revenue) $13,900 $41,047 $64,800 $103,798
Valuation Detail
Net Sale Value $681,100 $2,011,312 $3,175,200 $5,086,107
Return on Cost 11.6% 16.2% 11.8% 15.0%
Single Family Detached (med. lot) Row-House (large lot)
Page 16 of 462
ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 12
Feasibility results—apartment prototypes. Figure 7 shows the results of the feasibility anlaysis for multifamily rental
(apartment) residential prototypes under both the Tier 2 and Tier 3 incentives. The apartment prototypes demonstrate increasing
returns under both Tier 2 and Tier 3 scenarios. The improvements are primarily attributable to the parking reduction, which reduces
construction cost per unit but more importantly, allows a developer to “fit” more units on the same parcel.
Figure 7.
Feasibility
Results:
Apartment
Prototypes
Note:
The feasibility
model allows for
fractions of units in
the affordability
calculation in order
to improve the
accuracy of return
calculations; in
reality affordable
unit requirements
would be rounded
to the nearest
whole number.
Source:
Marshall and Swift
Estimator,
Developer
Interviews, and
Root Policy
Research..
Tier 2: Tier 2: Tier 3: Tier 2: Tier 3:
Lot size and
parking
reduction, and
max unit
increase for
10% @ 60% AMI
+1 story and
parking
reduction for
10% @ 60%
AMI
+2 stories and
parking reduction
for 10% @ 60%
AMI and 10%
@80% AMI
+1 story and
parking
reduction for
10% @ 60%
AMI
+2 stories and
parking reduction
for 10% @ 60%
AMI and 10%
@80% AMI
Site and Prototype Characteristics
Parcel Size (SF) 16,553 16,553 39,945 39,945 39,945 39,945 39,945 39,945
lot size per unit 1,655 1,182 1,479 908 768 370 256 224
Stories 3 3 3 4 5 6 7 8
Total Units 10 14 27 44 52 108 156 178
Affordable Units 0.00 1.40 0.00 4.40 10.40 0.00 15.60 35.60
Parking type surface surface surface surface surface structure structure structure
Parking ratio 2.25 1.25 2.25 1.25 1.00 2.00 1.00 0.75
# parking spots 23 17 61 55 52 216 156 134
Development Costs
Land Cost $500,000 $500,000 $1,350,000 $1,350,000 $1,350,000 $5,400,000 $5,400,000 $5,400,000
Hard cost per unit excluding parking $211,500 $212,558 $211,500 $213,615 $215,751 $215,751 $241,641 $241,641
Parking cost per space $5,000 $5,000 $5,000 $5,000 $5,000 $45,000 $45,000 $45,000
Soft costs per unit $38,000 $38,000 $38,000 $39,900 $41,895 $45,000 $45,000 $47,250
Total Development Cost $3,107,500 $4,095,218 $8,390,250 $12,779,385 $15,007,925 $43,281,124 $57,136,041 $62,830,149
Total Development Cost per Unit $310,750 $292,516 $310,750 $290,441 $288,614 $400,751 $366,257 $352,978
Revenues and Operating Expenses
Annual Rental Revenue $263,226 $356,913 $710,710 $1,121,728 $1,383,034 $3,241,763 $4,435,562 $4,972,155
Market-Rate Rent (per unit /mo) $2,309 $2,309 $2,309 $2,309 $2,309 $2,401 $2,401 $2,401
Income Restricted Rent (per unit /mo) $1,582 $1,582 $1,582 $1,582 Avg: $1,846 $1,582 $1,582 Avg: $1,846
Parking revenue (per space) $0 $0 $0 $0 $0 $50 $50 $50
Vacancy Rate 5% 5% 5% 5% 5% 5% 5% 5%
Annual operating cost $90,000 $126,000 $243,000 $396,000 $468,000 $972,000 $1,404,000 $1,602,000
Valuation Detail
Net Operating Income $173,226 $230,913 $467,710 $725,728 $915,034 $2,269,763 $3,031,562 $3,370,155
Return on Cost 5.57% 5.64% 5.57% 5.68% 6.10% 5.24% 5.31% 5.36%
Base
Case
Base
Case
3-Story Small Apartment 3-Story Large Apartment 6-Story Large Apartment
Base
Case
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ROOT POLICY RESEARCH DEVELOPMENT INCENTIVE ANALYSIS, PAGE 13
Summary of Findings
The proposed incentive package (currently drafted as part of CodeNext) does
generate material benefit to developers under typical development conditions.
Given the benefits, particularly of the parking reductions, some developers are
likely to opt into the program if structured as a voluntary incentive. However,
developers that are receiving parking reductions outside of affordability incentives
(i.e., those in TOD areas) are less likely to participate in the program.
A mandatory inclusionary program with similar incentives and affordability set-
asides is also feasible. A mandatory program would require participation and is
therefore more likely to generate affordable units. Under an inclusionary system,
typically developers that build the affordable units receive the specified incentives
and developers that opt for a fee-in-lieu option are not offered the incentives.
Root recommends the City move forward with the attainable housing incentive program
as drafted but also continue discussions of a mandatory inclusionary program. In
considering an inclusionary program, the City could convert the Tier 1 incentive program
directly into a mandatory program or could set a lower set-aside for the mandatory
program and layer the incentive program on top of a mandatory inclusionary policy. (For
example, the City could set a mandatory inclusionary with a 5% set-aside, but offer the
attainable housing incentives if the developer increases that set-aside according to the
attainable housing section of CodeNext).
If the City decides to pursue an inclusionary policy, Root also recommends that the City
engage the City of Littleton (and other neighboring jurisdictions) in a regional discussion
about potential policy alignment. The City of Littleton recently passed an inclusionary
policy with a 5% set-aside paired with incentives and regional policy alignment could
improve transparency for developers and minimize development competition between
the jurisdictions.
Page 18 of 462
City Council Work Session
March 13, 2023
Housing Options & Attainable Housing
Continued Discussion (Chapter 5)
Agenda
1.Project Overview
2.Confirmation of Prior Discussion / Direction
3.Continued Discussion: 2-to 4-unit buildings in R-1 Districts
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ROUTE NAVIGATIONOPTIONS EXPLORATIONLISTENING SESSIONS
Draft LanguageOnline Application &
Education
@ Remote Stations
(Alternative Access to
Issues)
Printed Summaries
(Alternative Access to
Issues)
Steering Committee /
City Council Direction
Public Discussions
Feedback (Alternative
Response to Key Questions)
Additional Investigation
Pause and/or
Coordinate
Project Overview: Engagement Strategy
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What's working and what needs improvement?Public Engagement Meetings (2) & Online –February –May 2022
Technical Committee Meetings (4) –July –September 2022
Steering Committee Meetings (19) –Ongoing throughout project
City Council Quarterly Updates (4) –2022
City Council Work Sessions (7) –November 2022 -present
Procedures
•Notice & Hearings
•Administrative
approvals
•Flexibility criteria
and processes
Housing Options
•Administrative &
technical issues.
•Format, scale, &
types
•Neighborhood
design
•Coordination with
DOLA grant study
Street Design
•Coordination with
public works
engineering &
technical specs
•Stormwater
implications /
“green alleys”?
•Public space
design
Sustainability
•Building code
coordination
•EV parking
•Xeric landscape
•Site-scale
renewable energy
•Sustainable
streetscapes
Project Overview: Initial Drafts
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City Council Work sessions:
November 28, 2022
January 23, 2023
February 27, 2023
Project Overview: Housing Options
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R-1 Districts
R-1-A
R-1-C
R-1-BR-1-A
R-1-A
R-1-C
R-1-B
R-1-C
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R-1 Districts
1.Accessory Dwelling Units.
a.Expand into R-1-A & -B
b.Allow internal ADUs
c.Allow 2 ADUs if 1 is internal (6K+ lots)
d.Remove additional parking requirement
e.Remove owner / occupancy
Option: Owner occupancy requirement w/ 10-year
sunset.
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R-1 Districts
1.Accessory Dwelling Units.
2.Small Lots
a.Reduce “urban lot” to 2.5K s.f.
b.Allow in all districts –location limited
(corner, end grain, or courtyard)
c.Reduce building height to 25’.
Benefits:
Similar unit yield as 2-to 4-unit building type.
Ensures small-scale building form and maintains
single-unit buildings.
Lot pattern increases potential for owner /
occupancy
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R-1 Districts
1.Accessory Dwelling Units.
2.Small Lots
Affordability Implications:
No direct affordability requirement / bonus
Diverse price points / “natural affordability”
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R-2 Districts
R-2-B
R-2-A
R-2-B
R-2-A
R-2-B
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R-2 Districts
3.Duplex, Multi-unit House, & Row House
a.Reduce per-unit minimum lot size -1.5 –
2K
b.Include maximum lot sizes
c.Location limits for 3-and 4-unit
buildings in R-2-A (corner, end-grain, or
courtyard pattern)
Benefits:
Similar / larger per-unit yield as small lots
Potential for smaller-scale, multi-unit buildings
Limits larger-scale buildings
Option: Allow the Multi-unit House (3-4 units) and
Row House without location limits.
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R-2 Districts
3.Duplex, Multi-unit House, & Row House
4.Small Apartment
a.Reduce the per-unit lot size –1.5K
b.Maximum units (12) and/or lot size (20K)
c.Location limits in R-2-B
Benefits:
Greater unit yield
Potential for smaller-scale, multi-unit buildings
Limits larger-scale buildings
Option: Allow the Small Apartment (3-12 units)
without location limits in R-2-B.
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R-2 Districts
3.Duplex, Multi-unit House, & Row House
4.Small Apartment
Affordability Implications:
Diverse price points / “naturally occurring”
Option for guaranteed affordable:
100% AMI owner / 80% AMI rental
Parking reduction –0.5 –1 space per unit
Waive the “L” (location limit) for the Row
House and Multi-unit House in R-2-A and
Small Apartment in R-2-B
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MU-R-3 Districts
MU-R-3-A
MU-R-3-B
MU-R-3-B
MU-R-3-B
MU-R-3-C
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MU-R-3 Districts
5.Include all options from previous districts and
mixed-use permitted.
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MU-R-3 Districts
5.Include all options from previous districts and
mixed-use permitted.
6.Large Apartment / Mixed-use in MU-R-3-B
and MU-R-3-C
a.Increased minimum lot size (12.5K)
b.Remove per unit lot standard (current
MU-R-3-C standard)
c.Retain the 40’ height standard (current
MU-R-3-C standard)
Benefits:
Greater unit yield
Potential for smaller-scale, multi-unit
buildings
Limits larger-scale buildings
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MU-R-3 Districts
5.Include all options from previous districts and
mixed-use permitted.
6.Large Apartment / Mixed-use in MU-R-3-B
and MU-R-3-C
Affordability Implications:
Option for guaranteed affordable:
100% AMI owner; 80% AMI rental (2-4
unit buildings); 60% AMI rental (5+ unit
buildings)
Parking reductions –0.5 –1.0 space per
unit
Height bonus –1-to 3 stories
Additional bonus negotiable through
PUDs
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Potential Outcomes
Encourage more lots to maximize
building footprint / buildable area
Encourage more buildings to
maximize the bulk plane
Result in potential for more “multi-
family” building appearances
Distinct in character of R-1-A , B,
and C, and typical neighborhoods
within these areas
Other unintended / unanticipated
consequences
Discussion: 2-to 4-unit Buildings in R-1 Districts
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Discussion: 2-to 4-unit Buildings in R-1 Districts
2 & 3 units (2.5K+ per unit)
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R-1 Districts
R-1-A
R-1-C
R-1-BR-1-A
R-1-A
R-1-C
R-1-B
R-1-C
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Discussion: 2-to 4-unit Buildings in R-1 Districts
7.Allow 2-to 4-unit buildings in R-1 districts?
a.Affordability requirement for at least 1
unit (25%) subject to city affordable
housing policy?
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Discussion: 2-to 4-unit Buildings in R-1 Districts
7.Allow 2-to 4-unit buildings in R-1 districts?
a.Affordability requirement for at least 1
unit (25%) subject to city affordable
housing policy.
b.Location limited –corner lots and end-
grain of blocks only?
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Discussion: 2-to 4-unit Buildings in R-1 Districts
7.Allow 2-to 4-unit buildings in R-1 districts?
a.Affordability requirement for at least 1
unit (25%) subject to city affordable
housing policy.
b.Location limited –corner lots and end-
grain of blocks only.
c.Add the row house building type? (lot
pattern increases potential for owner
occupancy)
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Discussion: 2-to 4-unit Buildings in R-1 Districts
7.Allow 2-to 4-unit buildings in R-1 districts?
a.Affordability requirement for at least 1 unit
(25%) subject to city affordable housing
policy.
b.Location limited –corner lots and end-
grain of blocks only.
c.Add the row house building type? (lot
pattern increases potential for owner
occupancy)
d.Other strategic limitations?
All R-1, but different limits exclusions
for R-1-A?
Only R-1-B and R-1-C?
Only R-1-C?
Subject to other guidance of the
comprehensive plan (transition
areas, distance to downtown, other)?
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R-1 Districts
R-1-A
R-1-C
R-1-BR-1-A
R-1-A
R-1-C
R-1-B
R-1-C
R-1-C
R-1-B
R-1-A
Corner
Lots
Total
Lots
761
97
445
4,385
502
2,254
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Discussion
1.Accessory Dwelling Units –all R-1 with reduced barriers
2.Small Lots –2.5K s.f.for limited locations in all R-1
3.Reduce per-unit lot size –duplex, multi-unit house, row house
4.Reduce per-unit lot size –small apartment
5.All options in MU-R-3 districts + greater affordability bonuses
6.Largest bonus for large apartment / mu in MU-R-3-B and –C
7.Consider 2-to 4-unit building types in R-1 Districts:
a.Limited to affordability requirement (1 unit / 25%)?
b.Location limited (corner lots and end grain)?
c.Consider row houses for greater ownership options?
d.Other strategic locations (limited districts / other)?
R-1
R-2
MU-R-3
R-1 ?
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Adrian Torres
DEPARTMENT: Parks, Recreation & Library
DATE: March 13, 2023
SUBJECT:
CB 09 - Approve a bill for an ordinance - Electric Grounding
Facilities Easement at Belleview Park
DESCRIPTION:
CB 09 - Approve a bill for an ordinance - Public Service Company has upgraded the electric
transmission line that runs through Belleview Park, and due to the upgrade, finds it necessary to
install mitigation facilities around the ball field to protect against potential interaction between
the fence and the transmission line
RECOMMENDATION:
Staff recommends that Council approve, by Ordinance, the Electric Grounding Facilities
Easement at Belleview Park with the Public Service Company (Xcel Energy), for the installation
of mitigation around the ballfield.
PREVIOUS COUNCIL ACTION:
CB #21 Series of 2021 - A perpetual non-exclusive easement for the transmission and
distribution of electricity and related communication signals on, over, under, and across
Belleview Park.
SUMMARY:
Public Service Company (Xcel Energy) is requesting permission to install electrical grounding
for the ball fence at Belleview Park to protect against potential interaction with the transmission
line.
39 North, an Xcel Energy subcontractor will be installing the mitigation around the ballfield.
COUNCIL ACTION REQUESTED:
Staff requests that Council approve, by Ordinance, the Electric Grounding Facilities Easement
at Belleview Park with the Public Service Company, for the installation of mitigation around the
ballfield to protect against interaction with the transmission line.
FINANCIAL IMPLICATIONS:
Not applicable. The installation of grounding mitigation will be paid by the Public Service
Company.
CONNECTION TO STRATEGIC PLAN:
Infrastructure & Transportation:
Page 48 of 462
A city that proactively and in a cost-effective manner invest in, maintains, improves, and plans to
protect its infrastructure
ATTACHMENTS:
Council Bill #09
City of Englewood Esmt Exhibit A_Redacted
2021 Ordinance No. 025
Electric Grounding Facilities Easement - PSCO Executed_Redacted
Page 49 of 462
-1-
BY AUTHORITY
ORDINANCE NO. ____
SERIES OF 2023
COUNCIL BILL NO. 09
INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN ORDINANCE AUTHORIZING A GRANT OF AN ELECTRIC
GROUNDING FACILITIES EASEMENT BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND THE PUBLIC SERVICE COMPANY
OF COLORADO.
WHEREAS, in 1951, the Public Service Company was granted an easement by the City
of Englewood to install an electric transmission line through what is now Belleview Park, as
recorded in Book 705, Page 440, in Arapahoe County; and
WHEREAS, the Public Service Company has upgraded the electric transmission line
that runs through Belleview Park, and due to the upgrade, finds it necessary to install mitigation
facilities around the ball field to protect against potential interaction between the fence and the
transmission line (the “Mitigation Project”); and
WHEREAS, as part of this Mitigation Project, Public Service Company requires an
easement over three parcels located next to Whitaker Drive, depicted as Utility Easement A, B,
and C as set forth on Exhibit A; and
WHEREAS, with the passage of this Ordinance a utility easement that is a total of 2,686
square feet is hereby granted to the Public Service Company, for the Mitigation Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Grant of this utility easement to Public Service Company of Colorado, by
the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby accepted and approved
by the Englewood City Council.
Section 2. The following general provisions and findings apply to the interpretation
and application of this Ordinance:
A.Severability. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or circumstances.
Page 50 of 462
-2-
B.Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the
extent of such inconsistency or conflict.
C.Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish,
alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall be
treated and held as remaining in force to sustain any and all proper actions, suits, proceedings,
and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as to sustain
any judgment, decree, or order which can or may be rendered, entered, or made in such actions,
suits, proceedings, or prosecutions.
D.Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Englewood,
that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation
to the proper legislative object sought to be obtained. This Safety Clause is not intended to
affect a Citizen right to challenge this Ordinance through a referendum under the City of
Englewood Charter 47.
E.Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the first
publication by either authorized method.
F.Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to
such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of any
documents by said officials shall be conclusive evidence of the approval by the City of such
documents per the terms thereof and this Ordinance. City staff is further authorized to take
additional actions as necessary to implement this Ordinance's provisions.
G.Enforcement. To the extent this ordinance establishes a required or
prohibited action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 13th day of March,
2023.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
16th day of March, 2023.
Published as a Bill for an Ordinance on the City’s official website beginning on the
15th day of March, 2023. for thirty (30) days.
Page 51 of 462
-3-
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and
passed on first reading on the 13th day of March, 2023.
Stephanie Carlile
Page 52 of 462
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TIIJTY ESMT."A"
AREA=1,251 S.F.t
OR 0.029 ACRES:t
U11|JTY ESMT."B"
AREA-703 S.F.:t
OR 0.016 ACRES:t \L2
L3
L4
\OINT "A"75'PSCO EASEMENT
\/_REC NO.449791UT"-ITY N74'37’2a"\OWNER:ESMT.‘B’I35.36'(TIE)/\NE'|_Y sum:cmr oF ENcLEwooD SW“5.95 \/REC.NO 449791
APN:2077-09-4-—O0—015 >No SALES INFO‘REC.NO.449791
I.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR.
2.)ACCORDINGTO COLORADO LAW,YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHINTHREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT.IN NO EVENT MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCEDMORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATIONSHOWN HEREON.
3.)THE ONLY PURPOSE OF THIS EXHIBITIS TO SHOW THE LOCATION OF THE EASEMENT(S).
4.)THIS DOCUMENTSHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINALSIGNATURE AND SEAL OF
THE PROFESSIONAL LAND SURVEYOR OR IF ALTEREDIN ANY WAY.
Pl‘2‘EClS‘(DNSL‘JI_2\V/E\/HE:MAPPING -2%:I |
.S
9025 E KenyanMg,Suit:I50,Dmver,IX)E0237 DATE D9"17 22
V
;
M301)755-em Fm.(3(l3)153-«nu s
P.O.B.
Page 53 of 462
LINE TABLE
BEARING DISTANCE .BEARING DISTANCE .BEARING DISTANCE
SOS'4B'07"E |95.59'N3B'24'51'W 10.03’S50'57'24”E 9455'
S81'50'00"W 34.18’N37’47'OI"W 10.24"S54'06'18'E 9.88’
SB6‘34'34"W B.22'N35'49'17'W B.7D'SS5‘O6'45'E 1101'
S85'00'19"W 8.91’N34’5Z'05'W 1152'S41’0O'2B'E 19.24’
N89'24'29"W 3.35’N30'41'49"W 10.56‘N77'33'24"E 147.66’
N40'5B'40'W 6.55‘NZ7'0Z'13'W 1016'S12'26'3?'E 5.00’
SB9‘24’29"E 7.67’N25'31'23"W 8.71‘S77‘33’24"W 144.95’
N5B'0O"|9"E 5.73 NZ3'C55'.‘53'W 9.53 N40'55'40"W 5.6Q'
N86'34'34"E 7.95’S40'5E'4D"E 17.56‘
N51'5CI'0O"E 29.09’SZ5'3|'Z3'E 114'
NO6'48'O7"W l93.70'S27'O2'13"E 9.93’
NE3’T1'53"E 5.00'S30'4l'49'E 1012'
N57’39'5I"W 6.99‘S34'52'O8"E 11.29‘
N55'O6'45'W 11.72’S35‘49'17"E 3.57‘
N54’06'1B"W 1005'S37‘47'OI"E 10.13"
N50'57'24'W 9.9B'S3B‘24'S|"E 9.86‘
N5l'03'5B'W l0.44'S4T'3B'3B'E 1009'
N4B'16'24"W 9.56’S43‘34'l9'E 10.32’
N4C5'.‘54'19'W10.E1'S48'15'24'E 914'
N4l'38'3E"W 10.32‘S51‘03'55"E 10.32‘
P'?.Ec!ss9NSU'=v=rY\.aM<~'=PtNG“R”-3':L ma:moss |
CHKD.av:J-|--
SHEEI’2 OF 4
M E K DATE.as 27 22 T
anynnmg,Suite ‘in,Dmver,no sum
_',we ,9,
W301)755-em Fm.(301)7S3.-4004 s
Page 54 of 462
LEGAL DESCRIPTION
THREE (3)PARCELS OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9,
TOWNSHIP 5 SOUTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF
ARAPAHOE,STATE OF COLORADO,BEING A PORTION OF LANDS SHOWN AS APN:
2077—09—4—00—015 ON THE ARAPAHOE COUNTY ASSESSORS MAP,SAID PARCEL OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE SOUTHERLY LINE OF WHITAKERACRES
FILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'SOFFICE IN BOOK 10 PAGE 76 AND
ASSUMED TO BEAR N76‘24'37"E A DISTANCE OF 544.31 FEET FROM A SOUTHWESTERLY
CORNER OF SAID WHITAKER ACRES TO A SOUTHEASTERLY CORNER OF SAID WHITAKER ACRES;
UTILITYEASEMENT "A"
BEGINNING AT A POINT WHICH BEARS S42'18'10"W A DISTANCE OF 315.27 FEET FROM SAID
SOUTHEASTERLY CORNER;
THENCE SO6'4B'O7"E A DISTANCE OF 198.59 FEET;THENCE S81‘50'OO"W A DISTANCE OF 34.18
FEET;THENCE S86‘34'34"W A DISTANCE OF 8.22 FEET;THENCE S88‘OO'19"WA DISTANCE OF
8.91 FEET;THENCE N89'24’29"W A DISTANCE OF 335 FEET TO THE NORTHEASTERLY SIDE OF
A 75 FOOT WIDE P.S.C.O.EASEMENT DESCRIBED AT RECEPTION NO.449791 IN SAID CLERK
AND RECORDER'SOFFICE AND BEING POINT "A";THENCE N40‘58'40"W ALONG SAID
NORTHEASTERLY SIDE A DISTANCE OF 668 FEET;THENCE S89'24'29"E A DISTANCE OF 7.67
FEET;THENCE N88'OO'19"E A DISTANCE OF 8.73 FEET;THENCE N86'34'34"E A DISTANCE OF
7.95 FEET:THENCE N81‘50’O0"E A DISTANCE OF 29.09 FEET;THENCE NO6'48'07"W A
DISTANCE OF 193.70 FEET;THENCE N83‘11'53"E A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1,251 SQUARE FEET OR 0.029 ACRES,MORE OR LESS.
U AS M N "B"
BEGINNING AT A POINT ON THE SOUTHWESTERLY SIDE OF SAID P.S.C.O.EASEMENT,SAID
POINT BEARS N74‘37'28"W A DISTANCE OF 135.36 FEET FROM SAID POINT "A";
THENCE N57'39'51"W A DISTANCE OF 6.99 FEET;THENCE N55'O6’45"W A DISTANCE OF 11.72
FEET;THENCE N54'O6'18"W A DISTANCE OF 1006 FEET;THENCE N50'57'24"W A DISTANCE OF
9.98 FEET;THENCE N51’O3'58"WA DISTANCE OF 1044 FEET;THENCE N48'16'24"WA
DISTANCE OF 9.56 FEET;THENCE N43'34'19"W A DISTANCE OF 10.61 FEET;THENCE
N41'38'38"W A DISTANCE OF 10.32 FEET;THENCE N38'24’51"W A DISTANCE OF 10.03 FEET;
THENCE N37'47'O1"W A DISTANCE OF 10.24 FEET;THENCE N35'49'17"W A DISTANCE OF 8.70
FEET;THENCE N34'52'O8"WA DISTANCE OF 1152 FEET;THENCE N30'41'49"WA DISTANCE OF
10.56 FEET;THENCE N27'O2'13"W A DISTANCE OF 10.16 FEET;THENCE N25'31'23"W A
DISTANCE OF 8.71 FEET;THENCE N23'35'33"W A DISTANCE OF 953 FEET TO SAID
SOUTHWESTERLY SIDE AND BEING POINT "B";THENCE S40'58’40"E ALONG SAID
SOUTHWESTERLY SIDE A DISTANCE OF 17.56 FEET;THENCE S25'31’23"E A DISTANCE OF 1.24
FEET;THENCE S27'02'13"E A DISTANCE OF 9.93 FEET;THENCE S30‘41'49"E A DISTANCE OF
10.22 FEET;THENCE S34'52'O8"E A DISTANCE OF 11.29 FEET;THENCE S35‘49'17"E A
DISTANCE OF 8.57 FEET‘
55P'?.t:c.!s.s<?NSU'_=v¢Y..aAA<~PPtNG “R”-""j"*”'mi |
CHKD.av:J-|--
SHEEI’:3 OF 4
M E K DATE.as 27 22 5
anynnMe.;Site 150,Dmver,no sum
_',we ,9,
W301)755-em Fm.(3(l1I7S3.-4004 s
Page 55 of 462
LEGAL DESCRIPTION
THENCE S37'47'01"E A DISTANCE OF 10.13 FEET;THENCE S38'24'51"E A DISTANCE OF 9.86
FEET;THENCE S41'38'38"E A DISTANCE OF 10.09 FEET;THENCE S43'34'19"E A DISTANCE OF
10.32 FEET;THENCE S48'16'24"E A DISTANCE OF 9.24 FEET;THENCE S51'03'58"E A DISTANCE
OF 10.32 FEET;THENCE S50'57'24"E A DISTANCE OF 9.85 FEET;THENCE S54'06'18"E A
DISTANCE OF 9.88 FEET;THENCE S55'06'45"E A DISTANCE OF 0.04 FEET TO SAID
SOUTHWESTERLY SIDE;THENCE S41'00'28"E ALONG SAID SOUTHWESTERLY SIDE A DISTANCE OF
19.24 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 703 SQUARE FEET OR 0.016 ACRES,MORE OR LESS.
UTILITY EASEMENT "C"
BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF SAID P.S.C.O.EASEMENT,SAID
POINT BEARS N20'35'42"E A DISTANCE OF 85.28 FEET FROM SAID POINT "B";
THENCE N77'33'24"E A DISTANCE OF 147.66 FEET;THENCE S12'26'36"E A DISTANCE OF 5.00
FEET;THENCE S77'33'24"W A DISTANCE OF 144.95 FEET TO SAID NORTHEASTERLY SIDE;
THENCE N40'58'40"W ALONG SAID NORTHEASTERLY SIDE A DISTANCE OF 5.69 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 732 SQUARE FEET OR 0.017 ACRES,MORE OR LESS.
I,THE UNDERSIGNED,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS
TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
___‘¥3Z2ZQ2_
CHRISTOP A .DATE
FOR AND ‘.CISION SURVEY 8c MAPPING,INC.
I
:
:..:EASEMENTmnnnsamurm:(m)75:o«
Page 56 of 462
-1-
BY AUTHORITY
ORDINANCE NO. 25 COUNCIL BILL NO. 21
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER WARD
AN ORDINANCE AUTHORIZING A GRANT OF AN ELECTRIC
TRANSMISSION LINE EASEMENT BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND PUBLIC SERVICE COMPANY OF
COLORADO.
WHEREAS, in 1951, the Public Service Company was granted an easement by
the City of Englewood to install an electric transmission line through what is now
Belleview Park, as recorded in Book 705, Page 440, in Arapahoe County;
WHEREAS, the Public Service Company is replacing and upgrading the current
line through the park which will replace the current towers with single pole towers;
WHEREAS, as part of the project Public Service Company requires an easement
over a .098-acre parcel located next to South Windemere Street, as set forth on Exhibit
A, attached hereto; and
WHEREAS, with the passage of this Ordinance a utility easement that is 58 feet
by 152 feet by 147 feet is hereby granted to Public Service Company, for the upgraded
electric transmission line.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Grant of this utility easement to Public Service Company of
Colorado, by the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby
accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and
seal the “Public Service Company of Colorado Electric Transmission Line Easement”
for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 7th day of June, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
10th day of June, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the
9th day of June, 2021.
Read by Title and passed on final reading on the 21st day of June, 2021.
DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A
Page 57 of 462
-2-
Published by Title in the City’s official newspaper as Ordinance No. 25, Series of
2021, on the 24th day of June, 2021.
Published by title on the City’s official website beginning on the 23rd day of June,
2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No. 25, Series of 2021.
Stephanie Carlile
DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A
Page 58 of 462
—Nw COR.sw1/4 SE1/4 SEC.9 ”A”T55,REBW,5TH P.M.
FOUND 3.25"ALUMINUMI+_C/?_.S.#3200
‘\
sw1/4 SECTION 9
T55.RSBW,6TH PM.
15‘2B'54"E
11I.46'(TIE)
LINETABLE
NO.BEARING DISTANCE
L1 SB3‘34'56”E 53.47‘
OINT OF '
L2 522-34'55"w 152wa'
BEGINNING
L3 NO0'07'55"E 147.05’
I
SLY LINE
PSCO ESMT
SOO'O7'55"W1316.81’W.LINE SET 4 SEC‘9 BASIS OFIBEARIN
G
.S.C.O.PERMANENTEASEMENT
AREA-4.273 $.F.i
OR 0.098 ACRES:t
OI '33'I O"WI20984'(TIE)
OWNER:
CITY OF ENGLEWOOD
APN:2077—O9—4—OO—O15
SE1/4 SECTION 9
TSS.RSSW,6TH P.M.
S.WINDERMEREST.(R/W VARIES)
I/4 COR.SEC.9/—T5S,RGBW,6TH PM.
CALCULATED FROM
FOUND REFERENCE TIES
40 o 20 40
H:-:i:i
1 inch =40 it.
I.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR.
2.)ACCORDINGTO COLORADO LAW,YOU MUST COMMENCE ANY LEGAL AC'|1ON BASED UPON ANY DEFECT IN THIS SURVEY
WITHINTHREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT.IN NO EVENT MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY EE COMMENCEDMORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATIONSHOWN HEREON.
3.)THE ONLY PURPOSE OF THIS EXHIBITIS TO SHOW THE LOCATION OF THE EASEMENT(S).
4.)THIS DOCUMENTSHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINALSIGNATURE AND SEAL OF
THE PROFESSIONAL LAND SURVEYOR OR IF ALTEREDIN ANY WAY.
:::::;=+PERMANENTSH
M L K nAE:anynnmg,Suit:I50,Dmver,no sum
_'V w/o ,9,
W301)755-em Fm.(301I7S3.-4004 s
DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A
Page 59 of 462
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9,TOWNSHIP 5
SOUTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN.COUNTY OF ARAPAHOE,
STATE OF COLORADO,ALSO BEING A PORTION OF LANDS TO THE CITY OF ENGLEWOOD
AND KNOWN AS APN.NO.2077—09—4—OO—015 IN THE ARAPAHOE COUNTY ASSESSOR'S
OFFICE,SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER OF SECTION 9,ASSUMED TO BEAR SOO'O7'55"WA DISTANCE OF 1316.81 FEET;
BEGINNING AT A POINT ON THE EASTERLY R|GHT—OF—WAY OF SOUTH WINDERMERE
STREET,SAID POINT BEARS S15'28'54"E A DISTANCE OF 111.46 FEET FROM THE
NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 9;
THENCE S83'34'56"E ALONG THE SOUTHERLY LINE OF A P.S.C.O.EASEMENT AT
DOCUMENT NO.449790 A DISTANCE OF 58.47 FEET;THENCE S22'34'55"W A DISTANCE
OF 152.18 FEET TO SAID EASTERLY R|GHT—OF—WAY;THENCE NOO'O7'55"EALONG SAID
EASTERLY R|GHT—OF—WAY A DISTANCE OF 147.05 FEET TO THE POINT OF BEGINNING;
WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 9 BEARS SO1'33'10"W A
DISTANCE OF 1209.84 FEET.
SAID PARCEL CONTAINS 4,273 SQUARE FEET OF LAND OR 0.098 ACRES.MORE OR LESS.
I.THE UNDERSIGNED,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION
AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
_
L.S.31158 DATE
ECISION SURVEY &MAPPING.INC.
PRECISIONSL‘JI_2\/EVHExI‘s/\APPI‘NG °RN-5%
:PCHKD.av:J-|--
°"==°‘°5
3 EASEMENTmanwe,Sm:Ian,Dmver,no sum
_'V
,
Mm)755-em Fm.(301)7S3.-4004 s
DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A
Page 60 of 462
A?er recording,return to:
Public Service Company ofCo|orado
Siting &Land Rights
1800 Larimer St.,4”‘Floor
Denver.CO 80202
Attn:Larry Claxton
DIVISION:ROW AGENT:DOC.NO.:
LOCATION:DESCRIPTION AUTHOR:PLAT/GRID NO.:
AUTHOR ADDRESS:WO/JO/CREG NO.:
ELECTRIC GROUNDING FACILITIES EASEMENT
CITY OF ENGLEWOOD.a municipality in the State of Colorado ("Grantor"),for good and valuable
consideration the receipt and adequacy of which is acknowledged,hereby grants,sells and conveys to
PUBLIC SERVICE COMPANY OF COLORADO,a Colorado corporation,with an address of 1800
Larimer Street.Suite 400.Denver.Colorado 80202 (the “Comgany"),an Electric Grounding Facilities
Easement (the “Easement“)more particularly described as follows:
A perpetual non—exc|usive easement for the installation.operation.maintenance,repair and replacement
of protective grounding facilities and other ancillary improvements and facilities that will provide
grounding relating to the Company‘s transmission and distribution facilities.and any other ?xtures,
devices,and appurtenances used or useful in connection therewith (herein collectively the “Faeilities")
on.over.under.through and across the following described premises:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (the “Easement Area“),
Together with the full right and authority in the Company and its agents.employees and contractors to:
(I)enter the Easement Area at all times to survey.mark and sign the Easement Area or the Facilities;(2)
access.construct.install.operate,repair.remove.replace.reconstruct.alter.relocate.patrol.inspect.
improve.enlarge.and maintain the Facilities:(3)cut.fell.remove or otherwise control.all trees,brush or
other vegetation on or underneath the Easement Area.and otherwise remove any objects or improvements
interfering with the Facilities.the effectiveness of the Facilities for their intended purpose(s).or the
exercise of Company’s rights hereunder:and (4)use and have reasonable ingress and egress along and
across the Easement Area for personnel.equipment and vehicles to and from the Facilities.
Company's obligation to restore the Easement Area will include the Company using commercially
reasonable efforts to restore the surface of the Easement Area to as near a condition as existed prior to the
Company's work including segregation of top soil displaced during the installation of the grounding
facilities to be folded back into the ground after installation.ground compaction.and reseeding to existing
type and consistency/level.
Except in the case of emergencies.Company will.during the life of the Easement herein granted,provide
the Grantor reasonable advance notice before Company commences any major construction or rebuild
activity.In the event of an emergency.Company shall provide the Grantor notice of such activity as soon
as it is reasonably practicable.
Subject to the restrictions and limitations set forth herein.Grantor reserves the undisturbed use and
occupancy of the Easement Area for any purpose which does not interfere with.or endanger the
Facilities.or interfere with the Company’s use of the Easement Area as provided for herein.
US.3547055B0.0l
Page 61 of 462
No failure by Company to remove any interference or otherwise object to any use by Grantor in violation
of these ter1ns shall be deemed to constitute consent on the part of Company to such interference nor shall
it be deemed a waiver of Company‘s right to remove any such interference without further notice or
compensation to Grantor.No waiver by Company of any provision hereof.nor any approval of Company
required herein,shall be deemed to have been made unless made in writing and signed by an authorized
representative of Company.
Grantor shall disclose to Company any pre—existing waste materials (“Pre-Existing Wastes”).that Grantor
knows or reasonably suspects to be present in soils.water (surface or groundwater),vapors or air,whether
on.in.above,migrating to or from.or under the Easement Area and any other information that would
help Company assess the risks of working in the Easement Area.
Company shall have the right to perform environmental sampling in the Easement Area at its discretion.
lfthe Company encounters any Pre-Existing Wastes.Company may stop work.and Grantor shall retain
its obligations to comply with all applicable laws and regulations related to such wastes.Grantor shall
release Company from any claims or responsibilities related to such Pre—Existing Wastes.
Non-use or a limited use of the Easement Area shall not prevent the Company from thereafter making use
ofthe Easement Area to the full extent authorized.Following completion ofconstruction or renovation of
its Facilities within the Easement Area.the Company shall restore the surface of the Easement Area to as
near a condition as existed prior to such work as is reasonably practicable.taking into account,among
other things.the existence of the Facilities and the restrictions stated herein.including prohibitions or
limitations on structures.trees.shrubs.and other objects.
Grantor further agrees to contact the Utility Noti?cation Center of Colorado (l-800-922-1987).or any
similar one—callutility line locator system which may replace or supplement it,at least four business days
(or such longer time if required by applicable law)prior to Grantor’s commencement of constructionor
excavation on the Easement Area to arrange for ?eld locating of Facilities.
No amendment.modi?cation or supplement of this Easement shall be binding on the Company unless
made in writing and executed by an authorized representative of the Company.No waiver by the
Company of any provision hereof shall be deemed to have been made unless made in writing and signed
by an authorized representative of the Company.No delay or omission in the exercise of any right or
remedy accruing to the Company upon any breach shall impair such right or remedy or be construed as a
waiver of any such breach or ofa subsequent breach of the same or any other term.covenant or condition
herein contained.
The provisions of this Easement shall run with the land and shall be binding on and burden the Easement
Area and shall be binding upon and shall inure to the bene?t of all persons claiming an interest in the
Easement Area.or any portion thereof,through the parties hereto,including the heirs,executors,personal
representatives,successors.and assigns of the parties.“Grantor”shall include the singular.plural.
feminine.masculine and neuter.
Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to grant
the easement and rights contained herein.This grant is binding on Grantor,is not conditioned upon
obtaining consent from any third parties.and is not subject to any mortgages.leases.or liens.except those
for which Grantor has provided the Company with a consent and subordination agreement.
This Agreement shall be governed and construed under the laws of the State of Colorado.Any actions
shall be ?led in the District Courts of Arapahoe County.
to
US.3547D5580.01
Page 62 of 462
This Easement incorporates all agreements between the parties as to the subject matter of this Easement
and no prior representations or statements,verbal or written,shall modify or supplement the terms of this
Easement.The title of this document is inserted for convenience only and does not de?ne or limit the
rights granted pursuant to this Easement.This Easement consists of the document entitled “Electric
GroundingFacilitiesEasement"and an Exhibitcontaininga legal descriptionand a sketch depictingthe
legal description if referenced above or attached hereto.No other exhibit.addendum,schedule or other
attachment (collectively "Addendum")is authorized by the Company.and no Addendum shall be
effective and binding upon the Company unless executed by an authorized representative of the
Company.
Executed and delivered this day of ,202
GRANTOR:
CITY OF ENGLEWOOD,
a municipality in the State of Colorado
By:
Title:
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _day of_,20_by
as of
Witness my hand and official seal
My Commission Expires:
Notary Public
Lu
US.354705580.01
Page 63 of 462
llxunllcd and de?vn-mi Hm n|.¢_\M
I
.302
(‘0Ml’.»\NY:
|’l |iL|(‘SERVl('E ('()M|'r\.V\'0|“COLORADO
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hue.Manager‘Smng and Land Rwghts
.\T.v\T[OF COI ()|('\[J())
bx‘.
an \I\0!1)
Hm fnregmng msvrumcm\\:1»:1ck1m\\|cdg:d hefurs |T1r.'I|1i\3j'a1|_\M4‘2043b}
%\w\b4v“‘J \)_\.‘:_‘~L)
_
:9 Mn.“.1.-‘I‘;*"‘:.‘~,~(\l,nv¢\k‘-;*~“m1’
-)4,H:‘>~_-\/«L ._4;__»\;Na «"1 g.,;L_.,.'L
Wimess um Imml uud nl’I'1uuI>c:\|
N ar_\Pub
LARRY K C1 AXTON JR
NOTARY PUBLIC
STATE OF COLORADO
NOTARY {D V9°,840lD18B
MY COM\*.SSn'.WEXP RES MAY "232-1
Us 354705530 01
Page 64 of 462
CONSENT AND SUBORDINATION
This Consent and Subordination is executed by ,a
("Lender"),for the bene?t of Public Service Company of
Colorado.a Coloradocorporation(“Company”).
A.Lender is the current beneficiary of.and owner ofthe evidence ofdebt secured by,that
certain deed of trust or mortgage recorded in the real estate records in the office of the Clerk
and Recorder of County,Colorado on at [Book and
Page or Reception Number as Applicable](the " “).
B.The real property encumbered by the Mortgage includes the Easement Area as described in
the foregoing Electric Grounding Facilities Easement.
NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is acknowledged,the Lender agrees as follows:
Lender consents to the foregoing Electric Grounding Facilities Easement and agrees and con?rms for
itself and its successors and assigns that the lien ofthe Mortgage and other rights and interests of the
Lender in the Easement Area are subject and subordinate to the Electric Grounding Facilities
Easement.In the event ofa foreclosure ofthe Mortgage and a sale ofthe property that is subject to
the Mortgage pursuant to such foreclosure.the rights of Company acquired by virtue of the Electric
Grounding Facilities Easement shall not be affected thereby.
By:
Name
Its:
STATE OF )
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
i
day of 20_by
as of
.a corporation.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
US.354T05580.01
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Devin Keener
DEPARTMENT: Public Works
DATE: March 13, 2023
SUBJECT:
CB 15 Approve an ordinance authorizing an Intergovernmental
Agreement (IGA) for the South Broadway Complete Streets
Project with the Colorado Department of Transportation (CDOT)
DESCRIPTION:
IGA with CDOT in the amount of $7,540,000.00 for the design and construction of the South
Broadway Complete Streets Project
RECOMMENDATION:
Staff recommends that the City Council approve an ordinance authorizing an Intergovernmental
Agreement (IGA) between the Colorado Department of Transportation (CDOT) and the City of
Englewood to fund the design and construction of multimodal improvements along the South
Broadway and South Sherman Street corridors.
PREVIOUS COUNCIL ACTION:
This project was considered and funded as part of the 2023 Budget approved by City Council at
the October 3, 2022 City Council meeting.
SUMMARY:
In 2022, staff targeted the South Broadway corridor between US 285 and Belleview Avenue for
complete street and multi modal safety improvements. Staff applied for a federal grant through
the Denver Regional Council of Governments (DRCOG) and was awarded funding as part of
the Transportation Improvement Program (TIP) funds. The grant amount awarded is $6,635,000
with a local match of $905,000. In order to receive the grant money, the City must enter into an
IGA with CDOT.
An IGA is required as CDOT is responsible for overseeing and administering all federal
transportation funds in the state on behalf of the Federal Highway Administration (FHWA). The
IGA defines roles and responsibilities for each party and details the funding and disbursements
process. The IGA also details federal bidding and construction requirements such as
compliance with wage provisions in the Davis-Bacon Act, a minimum Disadvantaged Business
Enterprise (DBE) goal, etc.
This Complete Streets project combines improvements on the two parallel corridors of South
Broadway and South Sherman Street between US 285 and Belleview Avenue to provide the
following benefits:
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• Improve the safety and accessibility for pedestrians and transit connections on South
Broadway by providing ADA improvements
• Upgraded bus stop amenities at 16 bus stop locations along South Broadway including
benches, trash receptacles, lighting, transit shelters, bicycle docks/racks and in-street
concrete bus pads at each bus stop
• Pedestrian lighting improvements along the South Broadway corridor (approximately 123
new light poles and fixtures)
• Encourage active transportation (biking) activity on Sherman Street (drawing bike traffic
from Broadway with wayfinding at Broadway bus stop locations). 1.6 miles of bike lane
will be installed on Sherman Street and street signage will be added to provide direction
to local RTD transit stops along South Broadway and local trails that connect Englewood
to the Cities of Littleton and Denver.
Upon approval of the IGA, an engineering consultant will be contracted with to design and
provide construction plans to the City to construct the Complete Streets Project. The City will
then select a contractor to construct the improvements. It is expected that the improvements
will be constructed in 2025.
ANALYSIS:
There are two primary goals of this project: Provide a new neighborhood bikeway facility on
South Sherman Street and improve the safety and attractiveness of the existing South
Broadway corridor.
This proposed project is intended to reduce the current bicycle demand on South Broadway by
providing on-street biking facilities on Sherman Street whereby improving safety for the biking
community and reducing vehicle/bike conflicts, improving the transit and pedestrian experience
and safety along Broadway by providing ADA improvements and upgrading bus stop amenities.
The key goal is to encourage pedestrian and transit use on South Broadway and encourage
bicyclists to use Sherman Street, a safer route with less traffic and slower speeds.
COUNCIL ACTION REQUESTED:
Staff recommends that the City Council approve a bill for an ordinance authorizing an
Intergovernmental Agreement (IGA) between the CDOT and the City of Englewood to fund the
final design and construction of the Broadway Complete Streets Project.
FINANCIAL IMPLICATIONS:
The City of Englewood will contribute 12% towards the overall project funding and CDOT will
contribute 88%. The breakdown of funding is as shown in the table below.
CDOT $6,635,000.00
City of Englewood $905,000.00
Total $7,540,000.00
Englewood's share of the project is 12%, or $905,000.00. Adequate funding has been
budgeted in Public Improvement Fund project number 30 1001 022 Broadway Streetscape.
There is adequate funding available for the city's share of the project cost as shown on the
attached Contract Approval Summary document.
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CONNECTION TO STRATEGIC PLAN:
Strategic Outcome: Infrastructure and Transportation
A city that proactively and in a cost-effective manner invests in, maintains, improves and plans
to protect its infrastructure
Ensure access and increased opportunities for multi-modal transportation
Ensure the safety of all while traveling through Englewood
OUTREACH/COMMUNICATIONS:
Details of this project will be added to the city's website. Limited and targeted public outreach is
planned for this initial phase of the feasibility and design work.
ATTACHMENTS:
Presentation
Contract Approval Summary
Council Bill #15
Intergovernmental Agreement
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Broadway Complete Streets Project
Capital Projects Engineer –Devin Keener
March 13, 2023
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Background/Context
CDOT Grant Project to encourage alternative
transportation along Broadway
New cyclist route
1.6 miles of Bike Lane installed on S Sherman St.
Improvements to existing bus stops
Upgraded amenities on 16 bus stops
Shelters, seating, bike racks, lighting
Improved pedestrian accessibility and mobility
Street signage and wayfinding signs to RTD stops and
local inter-city trails.
ADA improvements
Multimodal Project
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Project Timeline
March
2023
Execute IGA with CDOT
Anticipated Construction Start
Project Timeline
Initiate Design Phase
Spring
2023
Summer
2024
Fall
2024
Construction Completion
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Budget (Design and Construction)
CDOT Grant (88%): $6,635,000.00
City of Englewood Share (12%): $905,000.00
Total Project Budget: $7,540,000.00
The City of Englewood has adequate funding in the Broadway Streetscape Fund number
30 1001 022.
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Staff Recommendation
Given that CDOT will front 88% of the cost of this project, staff recommends that the
City enter into this IGA with CDOT to fund the design and construction of the
Complete Streets Project.
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Questions?
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Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date TBD
Amendment Amount End Date TBD
Amended Contract Amount Total Term in Years TBD
Vendor Contact Information:
Name Contact
Address Phone
Email
Denver CO
City State Zip Code
Contract Type:
Please select from the drop down list
Descripiton of Contract Work/Services
Procurement Justification of Contract Work/Services
CONTRACT APPROVAL SUMMARY
Colorado Department of Transportation
2829 W Howard Pl
IGA-Intergovernmental Agreement
NA
$ 7,540,000.00
$ -
303-913-8696Devin Keener
dkeener@englewoodco.govCapital Projects Engineer
Renewal options available NA
mark.bosick@state.co.us
Mark Bosick
The City will pay for design and construction invoices monthly, to be reimbursed at 88% by CDOT as per the IGA.
$ 7,540,000.00
This proposed project is intended to reduce the current bicycle demand on South Broadway by providing on-street biking facilities on Sherman Street whereby improving safety for the biking community and reducing vehicle/bike
conflicts, improving the transit and pedestrian experience and safety along Broadway by providing ADA improvements and upgrading bus stop amenities. The key goal is to encourage pedestrian and transit use on South Broadway and
encourage bicyclists to use Sherman Street, a safer route with less traffic and slower speeds.
The City applied for a CDOT Grant for this Project.
80204
Payment or Revenue terms
(please describe terms or attached schedule if based on deliverables)
303-757-9672
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CONTRACT APPROVAL SUMMARY
Source of Funds:
Revenue CAPITAL ONLY A B C 1=A-B-C
Capital Tyler New World Spent To Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining
C 2023 30-1001-022 Broadway Streetscape Contract 945,000.00$ -$ 905,000.00$ 40,000.00$
C 2023 30-1001-022 CDOT Grant 6,635,000.00$ 6,635,000.00$
-$ -$ -$ -$
Total Current Year Total 7,580,000.00$ -$ 7,540,000.00$ 40,000.00$
C -$ -$ -$ -$
O -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$
GRAND TOTAL 7,580,000.00$ -$ 7,540,000.00$ 40,000.00$
Process for Choosing Contractor:
Solicitation Name and Number
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
NA
NOTES/COMMENTS (if needed):
General Ledger Account String
Solicitation:Evaluation Summary/Bid Tabulation Attached
Proposal/Bid Attached
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
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STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT
Signature and Cover Page
State Agency
Department of Transportation
Agreement Routing Number
23-HA1-XC-00032
Local Agency
CITY OF ENGLEWOOD
Agreement Effective Date
The later of the effective date or
January 31, 2023
Agreement Description
SOUTH BROADWAY COMPLETE STREETS
PROJECT
Agreement Expiration Date
January 30, 2033
Project #
ARPA M395-
024 (25409)
Region #
1
Contract Writer
DM
Agreement Maximum Amount
$7,540,000.00
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this
Agreement and to bind the Party authorizing his or her signature.
LOCAL AGENCY
CITY OF ENGLEWOOD
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
2nd State or Local Agency Signature if Needed
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
___________________________________________
Assistant Attorney General
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________________
Department of Transportation
Effective Date: _____________________
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TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................. 2
2. TERM AND EFFECTIVE DATE ........................................................................................................... 2
3. AUTHORITY .......................................................................................................................................... 3
4. PURPOSE ................................................................................................................................................ 4
5. DEFINITIONS ........................................................................................................................................ 4
6. SCOPE OF WORK ................................................................................................................................. 7
7. PAYMENTS .......................................................................................................................................... 11
8. REPORTING - NOTIFICATION ......................................................................................................... 15
9. LOCAL AGENCY RECORDS ............................................................................................................. 16
10. CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 17
11. CONFLICTS OF INTEREST ................................................................................................................ 18
12. INSURANCE ........................................................................................................................................ 18
13. BREACH ............................................................................................................................................... 20
14. REMEDIES ........................................................................................................................................... 20
15. DISPUTE RESOLUTION ..................................................................................................................... 22
16. NOTICES AND REPRESENTATIVES ............................................................................................... 22
17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 23
18. GOVERNMENTAL IMMUNITY ........................................................................................................ 24
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................... 24
20. GENERAL PROVISIONS .................................................................................................................... 24
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 27
22. FEDERAL REQUIREMENTS ............................................................................................................. 29
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 29
EXHIBIT A, SCOPE OF WORK
EXHIBIT B, SAMPLE OPTION LETTER
EXHIBIT C, FUNDING PROVISIONS (Budget)
EXHIBIT D, LOCAL AGENCY RESOLUTION
EXHIBIT E, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST
EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS
EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS
EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM
EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
EXHIBIT N, FEDERAL TREASURY PROVISIONS
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM
EXHIBIT R, APPLICABLE FEDERAL AWARDS
EXHIBIT S, PII CERTIFICATION
EXHIBIT T, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
1. PARTIES
This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this
Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named
on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree
to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
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This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be
expended within the dates shown in Exhibit C for each respective phase (“Phase Performance Period(s)”).
The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have
no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date
of this original Agreement; except as described in §7.D; 2) before the encumbering document for the
respective phase and the official Notice to Proceed for the respective phase; or 3) after the Final Phase
Performance End Date, as shown in Exhibit C. Additionally, the State shall have no obligation to pay Local
Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required
billing deadline specified in §7.B.i.e., or the expiration of “Special Funding” if applicable, whichever is
sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the
Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no
payments will be made after expiration of Agreement Funds.
B. Initial Term and Extension
The Parties’ respective performances under this Agreement shall commence on the Agreement Effective
Date shown on the Signature and Cover Page for this Agreement and shall terminate on January 30, 2033 as
shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in
accordance with the terms of this Agreement. Upon request of Local Agency, the State may, in its sole
discretion, extend the term of this Agreement by Option Letter pursuant §7.E.iv. If the Work will be
performed in multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit C.
C. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, and this ARPA Award is not appropriated, or otherwise become unavailable to fund this ARPA Award
the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply
to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by
§14.A.i.
i. Method and Content
The State shall notify Local Agency by providing written notice to Local Agency of the termination and
be in accordance with §16. The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject
to §14.A.i.a
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the
uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement
shall not exceed the maximum amount payable to Local Agency hereunder. This subsection shall not
apply to a termination of this ARPA Award by the State for breach by Local Agency.
D. Local Agency Termination Under Federal Requirements
Local Agency may request termination of the ARPA Award by sending notice to the State, which includes
the effective date of the termination. If this ARPA Award is terminated in this manner, then Local Agency
shall return any advanced payments made for work that will not be performed prior to the effective date of
the termination.
3. AUTHORITY
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Authority to enter into this Agreement exists in the law as follows:
A. Federal Authority
Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015,
and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23
of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the
“Federal Provisions”), certain federal funds have been and are expected to continue to be allocated for
transportation projects requested by Local Agency and eligible under the Surface Transportation
Improvement Program that has been proposed by the State and approved by the Federal Highway
Administration (“FHWA”).
Pursuant to Title VI of the Social Security Act, Section 602 of the “Coronavirus State and Local Fiscal
Recovery Funds”, a part of the American Rescue Plan, provides state, local and Tribal governments with the
resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable
economy during the recovery.
B. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for
the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract with the
State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-
101(4)(c) and 43-2-104.5.
4. PURPOSE
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship
Agreement with the FHWA and/or USDT as shown in Exhibit C.
5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement.
C. “ARPA” means American Rescue Plan Act, funded by the US Department of the Treasury (“USDT”). See
“SLFRF” below.
D. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
E. “Budget” means the budget for the Work described in Exhibit C.
F. “Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S..
G. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or
her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and services
needed by the State.
H. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-
72-302, C.R.S.
I. “Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product.
J. “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
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K. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
L. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Agreement.
M. “Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria
established in §6, Exhibit A and Exhibit E.
N. “Exhibits” means the following exhibits attached to this Agreement:
i. Exhibit A, Scope of Work.
ii. Exhibit B, Sample Option Letter.
iii. Exhibit C, Funding Provisions
iv. Exhibit D, Local Agency Resolution
v. Exhibit E, Local Agency Contract Administration Checklist
vi. Exhibit F, Certification for Federal-Aid Contracts
vii. Exhibit G, Disadvantaged Business Enterprise
viii. Exhibit H, Local Agency Procedures for Consultant Services
ix. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts
x. Exhibit J, Additional Federal Requirements
xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA)
Supplemental Federal Provisions
xii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form
xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”)
xiv. Exhibit N, Federal Treasury Provisions
xv. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds
xvi. Exhibit P, SLFRF Subrecipient Quarterly Report
xvii. Exhibit Q, SLFRF Reporting Modification Form
xviii. Exhibit R, Applicable Federal Awards
xix. Exhibit S, PII Certification
xx. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source
O. “Expiration Date” means the date on which this Agreement expires, as shown on the Signature and Cover
Page for this Agreement.
P. “Extension Term” means the period of time by which the ARPA Expiration Date is extended by the State
through delivery of an updated ARPA Letter.
Q. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under
the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also
means an agreement setting forth the terms and conditions of the Federal Award. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
R. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The US
Department of the Treasury is the Federal Awarding Agency for the Federal Award, which may be the
subject of this Agreement.
S. “FHWA” means the Federal Highway Administration, which is one of the twelve administrations under the
Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides
stewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels.
FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement.
T. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in
connection with the Services.
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U. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
V. “Initial Term” means the time period defined in §2.B.
W. “Local Funds” means the funds provided by the Local Agency as their obligated contribution to the federal
and/or State Awards to receive the federal and/or State funding.
X. “Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local
Agency can begin work subject to the conditions of this Agreement.
Y. “OMB” means the Executive Office of the President, Office of Management and Budget.
Z. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.
AA. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency.
BB. “PCI” means payment card information including any data related to credit card holders’ names, credit card
numbers, or the other credit card information as may be protected by state or federal law.
CC. “PHI” means any protected health information, including, without limitation any information whether oral
or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is
not limited to, any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
DD. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as
name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any
other information that is linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S. “PII” shall also mean “personal identifying information” as
set forth at § 24-74-102, et. seq., C.R.S.
EE. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award.
FF. “Services” means the services to be performed by Local Agency as set forth in this Agreement and shall
include any services to be rendered by Local Agency in connection with the Goods.
GG. “SLFRF” means State and Local Fiscal Recovery Funds, provided by ARPA, funded by the US Treasury
Department.
HH. “Special Funding” means an award by Federal agency or the State which may include but is not limited to
one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main
Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA,
SLFRF, or COVID Relief.
II. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII and State personnel records not subject
to disclosure under CORA.
JJ. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a).
KK. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on
June 30 of the following calendar year. If a single calendar year follows the term, then it means the State
Fiscal Year ending in that calendar year.
LL. “State Purchasing Director” means the position described in the Colorado Procurement Code and its
implementing regulations.
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MM. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
NN. “Sub-Award” means this Award by the State to Local Agency funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and
conditions of the Federal Award specifically indicate otherwise.
OO. “Subcontractor” means third parties, if any, engaged by Local Agency to aid in performance of the Work.
PP. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of
a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient
may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
QQ. “Tax Information” means Federal and State of Colorado tax information including, without limitation,
Federal and State tax returns, return information, and such other tax-related information as may be protected
by Federal and State law and regulation. Tax Information includes but is not limited to all information
defined as Federal tax Information in Internal Revenue Service Publication 1075.
RR. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up.
SS. “USDT” The United States Department of the Treasury (USDT) is the national treasury and finance
department of the federal government of the United States where it serves as an executive department. The
USDT funds ARPA.
TT. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s
Local Agency Manual described in this Agreement.
UU. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. “Work Product” does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6. SCOPE OF WORK
Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the
delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
Work may be divided into multiple phases that have separate periods of performance. The State may not
compensate for Work that Local Agency performs outside of its designated phase performance period. The
performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time,
at its sole discretion, to extend the Agreement Expiration Date and/or to extend the period of performance for a
phase of Work authorized under this Agreement. To exercise these options to extend the Agreement Expiration
Date and/or to update the phase performance period extension option, the State will provide written notice to
Local Agency in a form substantially equivalent to Exhibit B. The State’s unilateral extension of the Agreement
Expiration Date and/or the phase performance periods will not amend or alter in any way the funding provisions
or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
A. Local Agency Commitments
i. Design
If the Work includes preliminary design, final design, design work sheets, or special provisions and
estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors
comply with and are responsible for satisfying the following requirements:
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a. Perform or provide the Plans to the extent required by the nature of the Work.
b. Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d. Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e. Stamp the Plans as produced by a Colorado registered professional engineer.
f. Provide final assembly of Plans and all other necessary documents.
g. Ensure the Plans are accurate and complete.
h. Make no further changes in the Plans following the award of the construction contract to Contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT, and when final, they will be deemed incorporated herein.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA)
42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the
document “ADA Accessibility Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or construction administration. Provided, however, if federal-aid funds are involved in the cost
of such Work to be done by such Consultant, such Consultant contract (and the performance
provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R.
Part 172 and with any procedures implementing those requirements as provided by the State,
including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work:
1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State’s approval. If not approved by the State, Local Agency shall not enter into
such Consultant contract.
2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from Local Agency’s attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between Local Agency and the State (which is incorporated herein by this
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reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the construction Contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii. Construction
If the Work includes construction, Local Agency shall perform the construction in accordance with the
approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing construction Contractor claims;
construction supervision; and meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E.
a. The State may, after providing written notice of the reason for the suspension to Local Agency,
suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
b. Local Agency shall be responsible for the following:
1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures, as defined in the CDOT Local Agency Manual
(https://www.codot.gov/business/designsupport/bulletins_manuals/2006-local-agency-
manual).
2) For the construction Services, advertising the call for bids, following its approval by the State,
and awarding the construction contract(s) to the lowest responsible bidder(s).
(a) All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply
with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local
Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim,
into any subcontract(s) for Services as terms and conditions thereof, as required by 23
C.F.R. 633.102(e).
(b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on
which competitive bids have been received. Local Agency must accept or reject such bids
within three (3) working days after they are publicly opened.
(c) If Local Agency accepts bids and makes awards that exceed the amount of available
Agreement Funds, Local Agency shall provide the additional funds necessary to complete
the Work or not award such bids.
(d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the
State.
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(e) The State (and in some cases FHWA) must approve in advance all Force Account
Construction, and Local Agency shall not initiate any such Services until the State issues a
written Notice to Proceed.
iv. Right of Way (ROW) and Acquisition/Relocation
a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency
shall convey the ROW to CDOT promptly upon the completion of the project/construction.
b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and
regulations, including but not limited to, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24),
CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c. The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation and
incidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual
(located at http://www.codot.gov/business/manuals/right-of-way); however, the State always
retains oversight responsibilities.
d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of
Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the
following categories:
1) Right of way acquisition (3111) for federal participation and non-participation;
2) Relocation activities, if applicable (3109);
3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of
way – 3114).
v. Utilities
If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company that may become involved in the Work. Prior to the Work being advertised for bids,
Local Agency shall certify in writing to the State that all such clearances have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, Local Agency shall make timely application to the Public
Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed
improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s
order. Local Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects
involving railroad facilities, and:
a. Execute an agreement with the railroad company setting out what work is to be accomplished and
the location(s) thereof, and which costs shall be eligible for federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the Work.
c. Establish future maintenance responsibilities for the proposed installation.
d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event
of abandonment or elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities, as between the railroad company and the
Local Agency, in the event of accidental destruction or damage to the installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the requirements of current federal and State
environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
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viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall
conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and
regulations pertaining to maintaining such improvements. The State and FHWA may make periodic
inspections to verify that such improvements are being adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate fully with the monitoring activities
described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any Work constituting
major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in
Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the
Agreement Maximum set forth in Exhibit C.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in
Exhibit C.
b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Local Agency and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Local Agency shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables
provided under the Agreement.
e. If a project is funded in part with Federal or State special funding there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive
payment or credit for the match, Work must be completed or substantially completed, as outlined in
the terms of the grant, prior to the expiration date of the special funding and invoiced in compliance
with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute
acceptance of any Work performed or deliverables provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest
to be paid and the interest rate.
iii. Payment Disputes
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If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Local Agency and may make changes to its
determination based on this review. The calculation, determination, or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the
appropriation and continuing availability of Agreement Funds in any subsequent year (as provided
in the Colorado Special Provisions). If federal funds or funds from any other non-State funds
constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be
contingent upon such non-State funding continuing to be made available for payment. Payments to
be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Agreement Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part,
without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.C.
b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for
work done to the date of termination will be processed in a manner consistent with §2.C.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds
received by Local Agency. The State may recover such payments by deduction from subsequent
payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Local Agency, or by any other appropriate method for collecting debts
owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period (as defined below in §9.A.).
vi. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Local Agency Funds
Local Agency shall provide their obligated contribution funds as outlined in §7.A. and Exhibit C. Local
Agency shall have raised the full amount of their funds prior to the Effective Date and shall report to the
State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s
treasury. Local Agency represents to the State that the amount designated “Local Agency Funds” in Exhibit
C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid
into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other
authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match
share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit
D if applicable. Local Agency does not by this Agreement irrevocably pledge present cash reserves for
payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of
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Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or
penalties of any nature, except as required by Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §7. However, any costs incurred by Local Agency prior to the Effective Date
shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award
funding is retroactive. The State shall pay Local Agency for costs or expenses incurred or performance by
the Local Agency prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Local
Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance
with the provisions of this Agreement. The applicable principles described in 2 C.F.R. Part 200 shall govern
the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for
reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse
Local Agency for the federal-aid share of properly documented costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement and Exhibit C. Local Agency costs for Work
performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs
and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after
any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs
shall be:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency
that reduce the cost actually incurred).
E. Unilateral Modification of Agreement Funds Budget by State Option Letter
The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in
the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such
Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub-sections B and C of
the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized
delegate. This is NOT a Notice to Proceed. Modification of Exhibit C by unilateral Option Letter is
permitted only in the specific scenarios listed below. The State will exercise such options by providing Local
Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters
will be incorporated into this Agreement. This applies to the entire Scope of Work.
i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount
The State may require by Option Letter that Local Agency begin a new Work phase that may include
Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not
include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option
Letters may not modify the other terms and conditions stated in this Agreement and must decrease the
amount budgeted and encumbered for one or more other Work phases so that the total amount of
budgeted Agreement Funds remains the same. The State may also change the funding sources so long
as the amount budgeted remains the same and the Local Agency contribution does not increase. The
State may also issue a unilateral Option Letter to increase and/or decrease the total encumbrance amount
of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains
the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1
(with subsequent exhibits labeled C-2, C-3, etc.).
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement Funds from one Work phase
(Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase
as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit
(Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3,
etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another
are subject to the same terms and conditions stated in the original Agreement with the total budgeted
Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a
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fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date
of the Work phase, in a form substantially equivalent to Exhibit B.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and
transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in
the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled
C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer
of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with
the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option
by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted
start date of the Work phase, in a form substantially equivalent to Exhibit B.
iv. Option to Extend Agreement/Phase Term and/or modify the OMB Uniform Guidance. The State, at its
discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase
Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined
in Exhibit C. Any updated version of Exhibit C shall be attached to any executed Option Letter as
Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). In order to exercise this option, the State
shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B.
F. Accounting
Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, it shall document all allowable costs, including any approved
Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices,
contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts,
vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified,
readily accessible, and to the extent feasible, separate and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. Local Agency
shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as
provided for in Exhibit C. If FHWA Agreement Funds are or become unavailable, or if Local Agency
terminates this Agreement prior to the Work being approved by the State or otherwise completed, then
all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the
State by Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for
which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local
Agency shall not submit more than one invoice per month.
v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after
the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The
State may withhold final payment to Local Agency at the State’s sole discretion until completion of final
audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local
Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local
Agency. The State will not reimburse costs for Work performed after the Performance Period End Date
for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance
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Period End Date, but for which an invoice is received more than 60 days after the Performance Period
End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with
federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete
a Risk Assessment Form (Exhibit L) when that may be requested by CDOT. The risk assessment is a
quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with
the requirements of the Federal Award. The risk assessment will evaluate some or all of the following
factors:
• Experience: Factors associated with the experience and history of the Subrecipient with the same or
similar Federal Awards or grants.
• Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or
monitoring visits, including those performed by the Federal Awarding Agency, when the
Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single
audit, where the specific award being assessed was selected as a major program.
• Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which
failure could impact the Subrecipient’s ability to perform and account for the contracted goods or
services.
• Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with
financial requirements of the Federal Award.
• Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting
errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable
and timely financial and management information, and ensuring adherence to its policies and plans.
• Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the
overall success of the program objectives.
• Program Management: Factors associated with processes to manage critical personnel, approved
written procedures, and knowledge of rules and regulations regarding federal-aid projects.
Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L), CDOT will determine
the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment
may be re-evaluated after CDOT begins performing monitoring activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. If
SLFRF Funds are used the Local Agency shall close out that portion of the Award within 45 days after the
ARPA Award Expiration Date. Close out requires Local Agency’s submission to the State of all deliverables
defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will
withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State
as substantially complete. If FHWA or US Treasury has not closed this Federal Award within one (1) year
and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required
documentation, then Local Agency may be prohibited from applying for new Federal Awards through the
State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term
longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress
made for each specified performance measure and standard in this Agreement. Such progress report shall be
in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than ten (10) Business Days following the end of each calendar quarter or at such time
as otherwise specified by the State. If SLFRF Funds are used the report must be in the format of Exhibit P.
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B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s principal representative identified in §16.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar
days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an
Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal
or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award.
Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. LOCAL AGENCY RECORDS
A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period
(the “Record Retention Period”) pursuant to the requirements of the funding source and for a minimum of
three (3) years following the date of submission to the State of the final expenditure report, whichever is
longer, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration
of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit
findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal
Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local
Agency in writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three (3) years following final disposition of such
property.
B. Inspection
Records during the Record Retention Period. Local Agency shall make Local Agency Records available
during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two (2) Business Days’ notice from the State, unless the State
determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures
as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not
unduly interfere with Local Agency’s performance of the Work. Local Agency shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Local Agency.
The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a
manner that does not unduly interfere with Local Agency’s performance of the Work. If Local Agency enters
into a subcontract with an entity that would also be considered a Subrecipient, then the subcontract entered
into by Local Agency shall contain provisions permitting both Local Agency and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on
Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
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by Local Agency or a third party. Additionally, if Local Agency is required to perform a single audit under
2 CFR 200.501, et seq., then Local Agency shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State
Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the
State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to
disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the
State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit
the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise
stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable
laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or
demand for State Records to the State’s principal representative. If Local Agency or any of its Subcontractors
will or may receive the following types of data, Local Agency or its Subcontractors shall provide for the
security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Award as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Award, if applicable. Local Agency shall
immediately forward any request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary
to perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Local
Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are
in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon
request.
C. Use, Security, and Retention
Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Local
Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for
purposes of inspecting and monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall
return State Records provided to Local Agency or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or
destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of,
and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns,
or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
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may include, but is not limited to, developing, and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifying Information “PII”
If Local Agency or any of its Subcontracts will or may receive PII under this agreement, Local Agency shall
provide for the security for such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Local Agency shall be a “Third Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the
purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. If Contractor is given direct access to any State databases containing PII, Contractor shall
execute, on behalf of itself and its employees, the certification attached hereto as Exhibit S on an annual
basis Contractor’s duty and obligation to certify as set forth in Exhibit S shall continue as long as Contractor
has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the
Subcontractor has access to State databases containing PII.
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of
interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
Officers, employees, and agents of Local Agency may neither solicit nor accept gratuities, favors or anything
of monetary value from contractors or parties to subcontracts.
B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Local Agency’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the
appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting
forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or
to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this
Agreement.
12. INSURANCE
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best
rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements
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Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA,
maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall
ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all
times during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Local Agency or Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance written on an Insurance Services Office occurrence form,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
iv. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act
with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability
Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach
management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right
to privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State Confidential
Information with minimum limits as follows:
a. $1,000,000 each occurrence; and
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b. $2,000,000 general aggregate.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Local
Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier
shall provide at least 10 days prior written notice to CDOT.
D. Primacy of Coverage
Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Local Agency or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency
and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local
Agency’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation
to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under
subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers,
agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall
provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement
within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State
certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7)
Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of
the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution
of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s
coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage.
At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within
seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this §12.
13. BREACH
A. Defined
The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part
or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization, or similar law, by or against Local Agency, or the appointment of a receiver or
similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice,
the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement
in order to protect the public interest of the State.
14. REMEDIES
A. State’s Remedies
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If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any
part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not
terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Local Agency shall not incur further obligations
or render further performance past the effective date of such notice and shall terminate outstanding
orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the
State all Work not canceled by the termination notice and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State
all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Local Agency shall take timely, reasonable, and necessary action to protect and
preserve property in the possession of Local Agency but in which the State has an interest. At the
State’s request, Local Agency shall return materials owned by the State in Local Agency’s
possession at the time of any termination. Local Agency shall deliver all completed Work Product
and all Work Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Local
Agency was not in breach or that Local Agency's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and obligations of the Parties
shall be as if this Agreement had been terminated in the public interest under §2.C.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the
State for any damages sustained by the State in connection with any breach by Local Agency, and
the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from Local Agency is determined.
The State may withhold any amount that may be due Local Agency as the State deems necessary to
protect the State against loss including, without limitation, loss as a result of outstanding liens and
excess costs incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Local Agency’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Local Agency to an adjustment in price
or cost or an adjustment in the performance schedule. Local Agency shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall
not be liable for costs incurred by Local Agency after the suspension of performance.
b. Withhold Payment
Withhold payment to Local Agency until Local Agency corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot
be performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
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d. Removal
Demand immediate removal from the Work of any of Local Agency’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by
the State to be contrary to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right,
Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or
Local Agency; (b) replace the Work with non infringing Work or modify the Work so that it
becomes non infringing; or, (c) remove any infringing Work and refund the amount paid for such
Work to the State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency,
following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies
available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Local
Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Contractor
shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as
described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24-
109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any
decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive
director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this
Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations.
C. Questions of Fact
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department
of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar
days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes
to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal
proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence
in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently
with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals shall be
final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of
questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall
be construed as making final the decision of any administrative official, representative, or board on a question
of law.
16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All notices required
or permitted to be given under this Agreement shall be in writing and shall be delivered (i) by hand with receipt
required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below
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or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth
below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party
has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand
with receipt required or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative contact information
by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
For the State
Colorado Department of Transportation (CDOT)
Mark Bosick, EIT II
CDOT-R1
2829 W Howard Pl
Denver, CO 80204
303-757-9672
mark.bosick@state.co.us
For the Local Agency
CITY OF ENGLEWOOD
Devin Keener, Capital Projects Engineer
1000 Englewood Parkway
Englewood, CO 80110
303-913-8696
dkeener@englewoodco.gov
yyyyyyy 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Local Agency or any Subcontractors. Local Agency
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of
action, either in law or in equity, for past, present, or future infringement of intellectual property rights related
to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or
not Local Agency is under contract with the State at the time, Local Agency shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered works
made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and
interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating
the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work
Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency
cannot make any of the assignments required by this section, Local Agency hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer,
distribute, sell, and create derivative works of the Work Product and all works based upon, derived from,
or incorporating the Work Product by all means and methods and in any format now known or invented
in the future. The State may assign and license its rights under this license.
ii. Patents
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In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on
behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make,
have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify
and propagate the contents of the Work Product. Such license applies only to those patent claims
licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State at the time, Local Agency shall
execute applications, assignments, and other documents, and shall render all other reasonable assistance
requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual
property rights related to the Work Product. The Parties intend the Work Product to be works made for
hire. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest
in and to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from, or
incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials,
data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local
Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any
purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written
consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned
or licensed to Local Agency including, but not limited to, all pre-existing software, licensed products,
associated source code, machine code, text images, audio and/or video, and third-party materials, delivered
by Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a
Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as
set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this
Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open
source software, the license terms set forth in the applicable open source license agreement.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
State’s risk management statutes, §§24-30-1501, et seq. C.R.S. The following applies through June 30, 2022: no
term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply
with the provisions of §24-106-103, §24-102-206, §24-106-106, §24-106-107 C.R.S. regarding the monitoring
of vendor performance and the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation
and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
20. GENERAL PROVISIONS
A. Assignment
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Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement
B. Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement
without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such
subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this
Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Contract by reference.
H. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
I. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
J. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than contract amendments, shall conform to the policies promulgated by the Colorado State Controller.
K. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
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L. Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
i. The provisions of the other sections of the main body of this Agreement.
ii. Exhibit N, Federal Treasury Provisions.
iii. Exhibit F, Certification for Federal-Aid Contracts.
iv. Exhibit G, Disadvantaged Business Enterprise.
v. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts.
vi. Exhibit J, Additional Federal Requirements.
vii. Exhibit K, Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental
Federal Provisions.
viii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form.
ix. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”).
x. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds.
xi. Exhibit R. Applicable Federal Awards.
xii Colorado Special Provisions in the main body of this Agreement.
xiii. Exhibit A, Scope of Work.
xiv. Exhibit H, Local Agency Procedures for Consultant Services.
xv. Exhibit B, Sample Option Letter.
xvi. Exhibit C, Funding Provisions.
xvii. Exhibit P, SLFRF Subrecipient Quarterly Report.
xviii. Exhibit Q, SLFRF Reporting Modification Form.
xix. Exhibit D, Local Agency Resolution.
xx. Exhibit E, Local Agency Contract Administration Checklist.
xxi. Exhibit S, PII Certification.
xxii. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source.
xxiii. Other exhibits in descending order of their attachment.
M. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of the Agreement.
N. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the
Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other
Party.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107 C.R.S., if any, are subject to public release through the CORA.
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R. Standard and Manner of Performance
Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Local Agency’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors
secure and maintain at all times during the term of their employment, agency or subcontract, all license,
certifications, permits and other authorizations required to perform their obligations in relation to this
Agreement.
T. Compliance with State and Federal Law, Regulations, and Executive Orders
Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal
Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of
this Agreement.
U. Accessibility
i. Local Agency shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by the Governor’s Office of Information
Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Local Agency shall also comply with
all State of Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. Each Party agrees to be responsible for its own liability incurred as a result of its participation in and
performance under this Agreement. In the event any claim is litigated, each Party will be responsible for
its own attorneys’ fees, expenses of litigation, or other costs. No provision of this Agreement shall be
deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability
provided to either the Local Agency or the State by the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq. and Article XI of the Colorado Constitution. Nothing in the Agreement shall be
construed as a waiver of any provision of the State Fiscal Rules.
iii. The State may require Local Agency’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Local Agency’s Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with
a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
V. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the state imposes such taxes on Local Agency. Local Agency shall be
solely responsible for any exemptions from the collection of excise, sales or use taxes that Local Agency may
wish to have in place in connection with this Agreement.
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
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Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (ii) provide
proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires
the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term
included in this Contract that limits Contractor’s liability that is not void under this section shall apply only
in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted
as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
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The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor’s services and Contractor shall not employ any person having such known interests.
22. FEDERAL REQUIREMENTS
Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of
this Agreement strictly adhere to, and comply with, all applicable federal and State laws, and their implementing
regulations, as they currently exist and may hereafter be amended. A summary of applicable federal provisions
are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit K, Exhibit M, Exhibit N and Exhibit O are
hereby incorporated by this reference.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit G and Exhibit E, Local Agency Contract
Administration Checklist, regarding DBE requirements for the Work, except that if Local Agency desires to use
its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local
Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and
other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive
or modify the sole responsibility of Local Agency for use of its program.
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Exhibit A - Page 1 of 2
EXHIBIT A
SCOPE OF WORK
Name of Project: SOUTH BROADWAY COMPLETE STREETS PROJECT
Project Number: 25409
SubAccount #: ARPA M395-024
This is a Transit upgrade project by providing improved bus stop amenities to 16 bus stops within the
Broadway corridor. This is also a Complete Streets project. This is an Active Transportation project
by providing a designated bicycle corridor for a 1.6 mile on S. Sherman Street and providing
improved pedestrian facilities with the installation of ADA compliant sidewalks and ramps along
Broadway. This is a Safety project by reducing conflicts with bicyclists on Broadway, providing the
biking community a safer riding environment on Sherman, and by improving ADA facilities along
Broadway for safer pedestrian access. This an Air Quality project by encouraging higher use of
multimodal travel options such as walking, transit, and biking. Signing and pavement marking
improvements will provide shared bicycle lanes on Sherman and connectivity (way finding) to the
RTD transit stops on Broadway and to Chenango, Tufts, Quincy, Oxford, and Kenyon bike routes
and the Little Dry Creek and Big Dry Creek Trails connecting to the South Platte River Trail,
ultimately connecting the City of Englewood to the cities of Denver and Littleton as well as other
regional neighbors. Finally, this is a Complete Streets project that includes 23 of the 29 elements in
the Regional Complete Streets Toolkit.
Highlights include:
• Pedestrian Elements: all six elements addressed including Sidewalks, Street Furniture
(benches & trash receptacles), Lighting at bus stops and along Broadway, Bicycle
Docks/Racks, ADA Compliance and Transit Shelters.
• Travel Lanes: all elements addressed including General Travel Lanes 10 ft. (Sherman) and
Buses Minimum 11 ft. (Broadway).
• Medians addressed on High Volume/High Speed facilities (Broadway).
• Pavement Types are remaining the same as the project utilizes existing pavements.
• Bikeways are being addressed by Sharrow/Neighborhood Bikeway (Sherman)
• Bicycle and Micromobility Parking is being provided on Broadway.
• Transit Stops are provided on Broadway and are being upgraded (pedestrian lighting,
benches, trash receptacles and in-street bus pads).
• Intersections: 11 of the 15 elements are being addressed including Crosswalks (Broadway &
Sherman), Curb Ramps (Broadway & Sherman), Signalization (Broadway), Bikeways at
Intersections (Sherman), Curb Extensions/Corner Radii (Sherman), Loading (Current on
Broadway), Wayfinding (Broadway & Sherman), Parking and Street Trees.
If ARPA funds are used, all ARPA funds must be encumbered by
December 31, 2024. All work funded by ARPA must be completed by
December 31, 2026 and all bills must be submitted to CDOT for payment
by January 31, 2027. These bills must be paid by CDOT by March 31,
2027.
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By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A constructed under this Agreement at its own cost and expense
during its useful life.
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Exhibit B - Page 1 of 2
EXHIBIT B
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and
to unilaterally transfer funds from one phase to another phase.
Option to unilaterally extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify OMB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to authorize the Local Agency to add a phase and to encumber
funds for the phase based on changes in funding availability and authorization. The
total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to transfer funds based on variance in actual phase costs and
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber
funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from phases based on variance in actual phase costs and
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Exhibit B - Page 2 of 2
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option D
In accordance with the terms of the original Agreement between the State of Colorado,
Department of Transportation and the Local Agency, the State hereby exercises the option
extend the term of this Agreement and/or update a Work Phase Performance Period and/or
modify information required under the OMB Uniform Guidance, as outlined in Exhibit
C. This is made part of the original Agreement and replaces the Expiration Date shown on
the Signature and Cover Page. Any updated version of Exhibit C shall be attached to any
executed Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or delegate.
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By: ___________________________________________
Stephen Harelson, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________________________
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is
not valid until signed and dated below by the State Controller or delegate. Contractor is not
authorized to begin performance until such time. If the Local Agency begins performing prior
thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for
any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:__________________________________
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ARPA $ LA Work
Exhibit C- Page 1 of 2
EXHIBIT C- FUNDING PROVISIONS
City of Englewood - ARPA M395-024 (25409)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $7,540,000.00, which is to be funded as follows: 1. FUNDING
a. Federal Funds ARPA US Treasury Expenditure Category EC6
(88% of ARPA Award) $6,635,000.00
b. Local Agency Funds
(12% of ARPA Award) $905,000.00 ____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $7,540,000.00
____________________________________________________________________________________
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: USDT
c. Local Agency Unique Entity Identifier M9SHLFLLK295
d. Assistance Listing # Coronavirus State and Local Fiscal Recovery Funds ALN 21.027
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $0.00
____________________________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. ARPA Funds Budgeted $6,635,000.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $ 0.00
____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 88% $6,635,000.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 12% $905,000.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $7,540,000.00 ____________________________________________________________________________________ 4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Only ARPA funds are encumbered) $6,635,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
____________________________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $6,635,000.00 ____________________________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become available after
execution of an Option letter (Exhibit B) or formal Amendment.
____________________________________________________________________________________
WBS Element 25409.10.30 Performance Period Start**/End Date Design 3020 $0.00
TBD-TBD
WBS Element 25409.20.10 Performance Period Start**/End Date Const. 3301 $0.00
TBD-TBD
____________________________________________________________________________________
* ARPA the Local Agency should not begin work until both of the following are in place: 1) the execution of
the document encumbering funds for the respective phase and 2) Local Agency receipt of the official Notice
to Proceed. Any work performed before these two (2) milestones are achieved will not be reimbursable.
Page 110 of 462
Exhibit C- Page 2 of 2
B. Funding Ratios
The funding ratio for the federal funds for this Work is 88% federal funds to 12% Local Agency funds, and
this ratio applies only to the $7,540,000.00 that is eligible for federal funding. All other costs are borne by
the Local Agency at 100%. If the total cost of performance of the Work exceeds $7,540,000.00, and
additional federal funds are not available, the Local Agency shall pay all such excess costs. If the total
cost of performance of the Work is less than $7,540,000.00, then the amounts of Local Agency and federal
funds will be decreased in accordance with the funding ratio described in A1. This applies to the entire
scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $6,635,000.00. For
CDOT accounting purposes, the federal funds of $6,635,000.00, will be encumbered, but the Local
Agency funds of $905,000.00 will NOT be encumbered. The total budget of this project is $7,540,000.00,
unless this amount is increased by an executed amendment before any increased cost is incurred. The
total cost of the Work is the best estimate available, based on the design data as approved at the time of
execution of this Agreement, and that any cost is subject to revisions agreed to by the parties prior to bid
and award. The maximum amount payable will be reduced without amendment when the actual amount
of the Local Agency’s awarded Agreement is less than the budgeted total of the federal funds and the
Local Agency funds. The maximum amount payable will be reduced through the execution of an Option
Letter as described in Section 7. E. of this contract. This applies to the entire scope of Work. ARPA Funds can only originate from and after May 18, 2021.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on
the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
Page 111 of 462
Exhibit D - Page 1 of 1
EXHIBIT D
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
Page 112 of 462
CDOT Form 1243 7/22 Page 1 of 5
Previous editions are obsolete and may not be used.
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
Project Location Date
Project Description
Local Agency Local Agency Project Manager
CDOT Resident Engineer CDOT Project Manager
INSTRUCTIONS:
This checklist shall be used to establish the contractual administrative responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency Agreement. Section numbers (NO.) correspond to the applicable
chapters of the CDOT Local Agency Desk Reference (Local Agency Manual). LAWR numbers correspond to the applicable
flowchart in the Local Agency Web Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the tasks. The X denotes the party
responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the
Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, # will denote that CDOT must concur or
approve.
Tasks that will be performed by Headquarters staff are indicated with an X in the CDOT column under Responsible Party. The
Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the
responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
funding.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2.1 Review Project to ensure it is consistent with Statewide Plan and amendments thereto x
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases (Requires FHWA concurrence/involvement if Federal-
aid Highway funded project.). Please write in "NA", if Not Applicable. x
PROJECT DEVELOPMENT
1 5.1 Prepare Design Data - CDOT Form 463
5.2 Determine Delivery Method
5.3 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) x
2 5.4 Conduct Consultant Selection/Execute Consultant Agreement
•Project Development
•Construction Contract Administration (including Fabrication Inspection Services)
3,3A 5.5 Conduct Design Scoping Review Meeting
3,6 5.6 Conduct Public Involvement
Exhibit E-
Local Agency Contract Administration Checklist
Exhibit E- Page 1 of 5 Page 113 of 462
CDOT Form 1243 7/22 Page 2 of 5
Previous editions are obsolete and may not be used.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
3 5.7 Conduct Field Inspection Review (FIR)
4 5.8 Conduct Environmental Processes (may require FHWA concurrence/involvement)
5 5.9 Acquire Right-of-Way (may require FHWA concurrence/involvement)
3 5.10 Obtain Utility and Railroad Agreements
3 5.11 Conduct Final Office Review (FOR)
3A 5.12 Justify Force Account Work by the Local Agency
3B 5.13 Justify Proprietary, Sole Source, or Local Agency Furnished Items
3 5.14 Document Design Exceptions - CDOT Form 464
5.15 Seek Permission for use of Guaranty and Warranty Clauses
3 5.18 Prepare Plans, Specifications, Construction Cost Estimates and Submittals
5.19 Comply with Requirements for Off-and On-System Bridges & Other Structural Work
5.20 Update Approvals on PS&E Package if Project Schedule Delayed
5.21 Ensure Authorization of Funds for Construction x
5.22 Use Electronic Signatures
5.23 File Project Development Records/Documentation in ProjectWise x
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE3 6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region Civil Rights Office).
x
6.2 Determine Applicability of Davis-Bacon Act
This project ☐ is ☐ is not exempt from Davis-Bacon requirements as determined
by the functional classification of the project location (Projects located on local roads
and rural minor collectors may be exempt.)
CDOT Resident Engineer Date
x
6.3 Set On-the-Job Training Goals (CDOT Region Civil Rights Office) "NA", if Not Applicable x
6.4 Enforce Prompt Payment Requirements
6.5 Use Electronic Tracking and Submission Systems – B2GNow ☐ LCPtracker ☐
3 6.6 Prepare/submit Title VI Plan and Incorporate Title VI Assurances
6,7 Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included
in the Contract (CDOT Resident Engineer)
ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS
Federal Project (use 7.1 series in Chapter 7) ☐ Non-Federal Project (Use 7.2 series in Chapter 7) ☐
6,7 Obtain Approval for Advertisement Period of Less Than Three Weeks;
7 Advertise for Bids
7 Concurrence to Advertise
7 Distribute “Advertisement Set” of Plans and Specifications
7 Review Worksite & Plan Details w/ Prospective Bidders While Project Is Under Ad
7 Open Bids
7 Process Bids for Compliance
Check CDOT Form 1415 – Commitment Confirmation when the low bidder
meets DBE goals. (Please write in "NA", if Not Applicable) x
Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor
has made a good faith effort when the low bidder does not meet DBE goals. "NA", if Not Applicable.
x
Submit required documentation for CDOT award concurrence
Concurrence from CDOT to Award x
Approve Rejection of Low Bidder x
7,8 Award Contract (federal)
Exhibit E- Page 2 of 5 Page 114 of 462
CDOT Form 1243 7/22 Page 3 of 5
Previous editions are obsolete and may not be used.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
8 Provide “Award” and “Record” Sets of Plans and Specifications (federal)
CONSTRUCTION MANAGEMENT
8 Intro File Project Construction Records/Documentation in ProjectWise or as directed x
8 8.1 Issue Notice to Proceed to the Contractor
8 8.2 Project Safety
8 8.3 Conduct Conferences:
Pre-construction Conference (Appendix B)
•Fabrication Inspection Notifications
Pre-survey
•Construction staking
•Monumentation
Partnering (Optional)
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual)
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual)
HMA Pre-Paving (Agenda is in CDOT Construction Manual)
8 8.4 Develop and distribute Public Notice of Planned Construction to media and local
residents
9 8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible
charge of construction supervision.”
_____________________________________________ _________________
Local Agency Professional Engineer
or CDOT Resident Engineer
Phone number
Provide competent, experienced staff who will ensure the Contract work is constructed
in accordance with the plans and specifications
Construction inspection and documentation (including projects with structures)
Fabrication Inspection and documentation
9 8.6 Review and Approve Shop Drawings
9 8.7 Perform Traffic Control Inspections
9 8.8 Perform Construction Surveying
9 8.9 Monument Right-of-Way
9,9A 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and
review CDOT Form 1418 (or equivalent) or use compliance software system.
Provide the name and phone number of the person authorized for this task.
_____________________________________________ ____________________
Local Agency Representative Phone number
9 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings
9B 8.12 Prepare and Authorize Change Orders x
9B 8.13 Submit Change Order Package to CDOT x
9A 8.14 Prepare Local Agency Reimbursement Requests x
9 8.15 Monitor Project Financial Status
9 8.16 Prepare and Submit Monthly Progress Reports
9 8.17 Resolve Contractor Claims and Disputes
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
_____________________________________________ ____________________
CDOT Resident Engineer Phone number
x
9 8.19 Ongoing Oversight of DBE Participation x
x
Exhibit E- Page 3 of 5 Page 115 of 462
CDOT Form 1243 7/22 Page 4 of 5
Previous editions are obsolete and may not be used.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
MATERIALS
9,9C 9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to installation of steel
9,9C 9.2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests
and applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
9C 9.3 Perform Project Acceptance Samples and Tests
9C 9.4 Perform Laboratory Acceptance Tests
9C 9.6 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
9C 9.6 Approve Sources of Materials
9C 9.7 Independent Assurance Testing (IAT)
Local Agency Procedures ☐ CDOT Procedures ☐
•Generate IAT schedule
•Schedule and provide notification
•Conduct IAT
9C 9.8 Approve mix designs
•Concrete
•Hot mix asphalt
9C 9.9 Check Final Materials Documentation
9C 9.10 Complete and Distribute Final Materials Documentation
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
9 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements
8,9 10.2 Process CDOT Form 205 - Sublet Permit Application and CDOT Form 1425 – Supplier
Application Approval Request. Review & sign completed forms, or review/approve in
compliance software system, as applicable, & submit to Region Civil Rights Office.
9 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 2809 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with
the “Commercially Useful Function” Requirements
9 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.
•Complete CDOT Form 1337 – Contractor Commitment to Meet OJT
Requirements.
•Complete CDOT Form 838 – OJT Trainee / Apprentice Record.
•Complete CDOT Form 200 - OJT Training Questionnaire
9 10.6 Check Certified Payrolls (Contact the Region Civil Rights Office for training reqmts.)
9 10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report
10.8 Contract Compliance and Project Site Reviews x
FINALS
11.1 Conduct Final Project Inspection & Final Inspection of Structures, if applicable x
10 11.2 Write Final Project Acceptance Letter
10 11.3 Advertise for Final Settlement
11 11.4 Prepare and Distribute Final As-Constructed Plans
11 11.5 Prepare EEO Certification and Collect EEO Forms
11 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and
submit Final Certifications
Exhibit E- Page 4 of 5 Page 116 of 462
CDOT Form 1243 7/22 Page 5 of 5
Previous editions are obsolete and may not be used.
LA
WK NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
11 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9)
11.8 Review CDOT Form 1419 x
11.9 Submit CDOT Professional Services Closeout Report Form
11.10 Complete and Submit CDOT Form 1212 LA – Final Acceptance Report (by CDOT) x
11 11.11 Process Final Payment
11.12 Close out Local Project x
11.13 Complete and Submit CDOT Form 950 - Project Closure x
11 11.14 Retain Project Records
11 11.15 Retain Final Version of Local Agency Contract Administration Checklist
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region Civil Rights Office
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
x
Exhibit E- Page 5 of 5 Page 117 of 462
Exhibit F - Page 1 of 1
EXHIBIT F
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer of Congress, or an employee of a Member of Congress in connection with this Federal
contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-
recipients shall certify and disclose accordingly.
Page 118 of 462
Exhibit G - Page 1 of 1
EXHIBIT G
DISADVANTAGED BUSINESS ENTERPRISE
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business
enterprises shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26.
Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation
DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this
agreement.
SECTION 2. DBE Obligation.
The recipient or the Local Agency agrees to ensure that disadvantaged business enterprises as
determined by the Office of Certification at the Colorado Department of Regulatory Agencies have
the maximum opportunity to participate in the performance of contracts and subcontracts financed
in whole or in part with Federal funds provided under this agreement. In this regard, all participants
or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE
program (or a Local Agency DBE Program approved in advance by the State) to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of CDOT assisted contracts.
SECTION 3 DBE Program.
The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the Local Agency
upon request: Business Programs Office
Colorado Department of Transportation
2829 West Howard Place Denver,
Colorado 80204
Phone: (303) 757-9007
REQUIRED BY 49 CFR
PART 26
Page 119 of 462
Exhibit H - Page 1 of 2
EXHIBIT H
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local Agency project agreement
administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and
procedures involve federally funded contracts for engineering and design related services for projects subject to the
provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost”
and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore,
local agencies must comply with these CFR requirements when obtaining professional consultant services under a
federally funded consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be
obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their
own written procedures on file for each method of procurement that addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the
subsequent steps serve as a short-hand guide to CDOT procedures that a Local Agency must follow in obtaining
professional consultant services. This guidance follows the format of 23 CFR 172. The steps are:
1. The contracting Local Agency shall document the need for obtaining professional services.
2. Prior to solicitation for consultant services, the contracting Local Agency shall develop a detailed scope of
work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in
C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-
1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of
the three most qualified firms and the advertising should be done in one or more daily newspapers of general
circulation.
4. The Local Agency shall not advertise any federal aid contract without prior review by the CDOT Regional
Civil Rights Office (RCRO) to determine whether the contract shall be subject to a DBE contract goal. If the
RCRO determines a goal is necessary, then the Local Agency shall include the goal and the applicable provisions
within the advertisement. The Local Agency shall not award a contract to any Contractor or Consultant without
the confirmation by the CDOT Civil Rights and Business Resource Center that the Contractor or Consultant has
demonstrated good faith efforts. The Local Agency shall work with the CDOT RCRO to ensure compliance with
the established terms during the performance of the contract.
5. The Local Agency shall require that all contractors pay subcontractors for satisfactory performance of work
no later than 30 days after the receipt of payment for that work from the contractor. For construction projects, this
time period shall be reduced to seven days in accordance with Colorado Revised Statute 24-91-103(2). If the Local
Agency withholds retainage from contractors and/or allows contractors to withhold retainage from
subcontractors, such retainage provisions must comply with 49 CFR 26.29.
6. Payments to all Subconsultants shall be made within thirty days of receipt of payment from [the Local
Agency] or no later than ninety days from the date of the submission of a complete invoice from the
Subconsultant, whichever occurs first. If the Consultant has good cause to dispute an amount invoiced by a
Subconsultant, the Consultant shall notify [the Local Agency] no later than the required date for payment. Such
notification shall include the amount disputed and justification for the withholding. The Consultant shall
maintain records of payment that show amounts paid to all Subconsultants. Good cause does not include the
Consultant’s failure to submit an invoice to the Local Agency or to deposit payments made.
7. The analysis and selection of the consultants shall be done in accordance with CRS §24-30-1403. This section
of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and
their team. It also shows which criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
Page 120 of 462
Exhibit H - Page 2 of 2
b. Approach to the Work,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final
selection are the consultant's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
8. Once a consultant is selected, the Local Agency enters into negotiations with the consultant to obtain a fair
and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be
greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost
principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration,
and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect
costs.
9. A qualified Local Agency employee shall be responsible and in charge of the Work to ensure that the work
being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract.
At the end of Work, the Local Agency prepares a performance evaluation (a CDOT form is available) on the
consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1, PROVIDE ADDITIONAL
DETAILS FOR COMPLYING WITH THE PRECEEDING EIGHT (8) STEPS.
Page 121 of 462
Exhibit I - Page 1 of 11
EXHIBIT I
FEDERAL-AID CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Government wide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access Road
Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding emergency
contracts solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and further
require its inclusion in all lower tier subcontracts (excluding purchase
orders, rental agreements and other agreements for supplies or
services).
The applicable requirements of Form FHWA-1273 are incorporated by
reference for work done under any purchase order, rental agreement or
agreement for other services. The prime contractor shall be responsible
for compliance by any subcontractor, lower-tier subcontractor or
service provider.
Form FHWA-1273 must be included in all Federal-aid design- build
contracts, in all subcontracts and in lower tier subcontracts (excluding
subcontracts for design services, purchase orders, rental agreements
and other agreements for supplies or services). The design-builder
shall be responsible for compliance by any subcontractor, lower-tier
subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the Form
FHWA-1273 must be physically incorporated (not referenced) in all
contracts, subcontracts and lower-tier subcontracts (excluding
purchase orders, rental agreements and other agreements for supplies
or services related to a construction contract).
2. Subject to the applicability criteria noted in the following sections,
these contract provisions shall apply to all work performed on the
contract by the contractor's own organization and with the assistance
of workers under the contractor's immediate superintendence and to
all work performed on the contract by piecework, station work, or by
subcontract.
3. A breach of any of the stipulations contained in these Required Contract
Provisions may be sufficient grounds for withholding of progress payments,
withholding of final payment, termination of the contract, suspension/debarment
or any other action determined to be appropriate by the contracting agency and
FHWA.
4. Selection of Labor: During the performance of this contract, the contractor
shall not use convict labor for any purpose within the limits of a construction
project on a Federal-aid highway unless it is labor performed by convicts who
are on parole, supervised release, or probation. The term Federal-aid highway
does not include roadways functionally classified as local roads or rural minor
collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all
Federal-aid construction contracts and to all related construction subcontracts of
$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to
material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following
policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC
Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related regulations including 49
CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the
Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction
contracts exceeding $10,000, the Standard Federal Equal Employment
Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine
compliance with Executive Order 11246 and the policies of the Secretary of
Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC
794), and Title VI of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230,
and 633.
The following provision is adopted from 23 CFR 230, Appendix A, with
appropriate revisions to conform to the U.S. Department of Labor (US DOL) and
FHWA requirements.
1. Equal Employment Opportunity: Equal employment opportunity (EEO)
requirements not to discriminate and to take affirmative action to assure equal
opportunity as set forth under laws, executive orders, rules, regulations (28 CFR
35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of
the Secretary of Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific
affirmative action standards for the contractor's project activities under this
contract. The provisions of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific requirement
activities of EEO:
Page 122 of 462
Exhibit I - Page 2 of 11
a. The contractor will work with the contracting agency and the
Federal Government to ensure that it has made every good faith
effort to provide equal opportunity with respect to all of its terms
and conditions of employment and in their review of activities
under the contract.
b. The contractor will accept as its operating policy the following
statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: 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, pre-apprenticeship,
and/or on-the- job training."
2. EEO Officer: The contractor will designate and make known to the
contracting officers an EEO Officer who will have the responsibility
for and must be capable of effectively administering and promoting an
active EEO program and who must be assigned adequate authority and
responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees
will be conducted before the start of work and then not less often than
once every six months, at which time the contractor's EEO policy and
its implementation will be reviewed and explained. The meetings will
be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given
a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will
be placed in areas readily accessible to employees, applicants for
employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means of
meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will
include in all advertisements for employees the notation: "An Equal
Opportunity Employer." All such advertisements will be placed in
publications having a large circulation among minorities and women in
the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified
minorities and women. To meet this requirement, the contractor will
identify sources of potential minority group employees, and establish
with such identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, the contractor is expected
to observe the provisions of that agreement to the extent that the system
meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of discriminating
against minorities or women, or obligates the contractor to do the same,
such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer
minorities and women as applicants for employment. Information and
procedures with regard to referring such applicants will be discussed
with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel actions of
every type, including hiring, upgrading, promotion, transfer, demotion,
layoff, and termination, shall be taken without regard to race, color,
religion, sex, national origin, age or disability. The following procedures
shall be followed:
a. The contractor will conduct periodic inspections of project sites to
insure that working conditions and employee facilities do not indicate
discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid
within each classification to determine any evidence of discriminatory
wage practices.
c. The contractor will periodically review selected personnel actions
in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective
action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all
affected persons.
d. The contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with its obligations
under this contract, will attempt to resolve such complaints, and will
take appropriate corrective action within a reasonable time. If the
investigation indicates that the discrimination may affect persons other
than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will
inform every complainant of all of their avenues of appeal.
6. Training and Promotion: The contractor will assist in locating,
qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be
aimed at developing full journey level status employees in the type of
trade or job classification involved.
a. Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor shall
make full use of training programs, i.e., apprenticeship, and on-the-job
training programs for the geographical area of contract performance. In
the event a special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the special
provision. The contracting agency may reserve training positions for
persons who receive welfare assistance in accordance with 23 U.S.C.
140(a).
b. The contractor will advise employees and applicants for
employment of available training programs and entrance requirements
foreach.
c. The contractor will periodically review the training and promotion
potential of employees who are minorities and women and will
encourage eligible employees to apply for such training and promotion.
Page 123 of 462
Exhibit I - Page 3 of 11
7. Unions: If the contractor relies in whole or in part upon unions as a
source of employees, the contractor will use good faith efforts to obtain
the cooperation of such unions to increase opportunities for minorities
and women. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minorities and women for membership in the unions
and increasing the skills of minorities and women so that they may
qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO
clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices
and policies of the labor union except that to the extent such
information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the contractor,
the contractor shall so certify to the contracting agency and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with
a reasonable flow of referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, national origin, age or
disability; making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide sufficient
referrals (even though it is obligated to provide exclusive referrals
under the terms of a collective bargaining agreement) does not relieve
the contractor from the requirements of this paragraph. In the event the
union referral practice prevents the contractor from meeting the
obligations pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants / Employees with
Disabilities: The contractor must be familiar with the requirements for
and comply with the Americans with Disabilities Act and all rules and
regulations established there under. Employers must provide
reasonable accommodation in all employment activities unless to do
so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origin, age or disability
in the selection and retention of subcontractors, including procurement
of materials and leases of equipment. The contractor shall take all
necessary and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s
U.S. DOT-approved DBE program are incorporated by reference.
b. The contractor or subcontractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT-assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such
other remedy as the contracting agency deems appropriate.
11. Records and Reports: The contractor shall keep such records as
necessary to document compliance with the EEO requirements. Such
records shall be retained for a period of three years following the date of the
final payment to the contractor for all contract work and shall be
available at reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non- minority
group members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation with unions,
when applicable, to increase employment opportunities for minorities
and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual report to
the contracting agency each July for the duration of the project,
indicating the number of minority, women, and non- minority group
employees currently engaged in each work classification required by the
contract work. This information is to be reported on Form FHWA-1391.
The staffing data should represent the project work force on board in all
or any part of the last payroll period preceding the end of July. If on-the-
job training is being required by special provision, the contractor will be
required to collect and report training data. The employment data should
reflect the work force on board during all or any part of the last payroll
period preceding the end of July.
III. NONSEGREGATEDFACILITIES
This provision is applicable to all Federal-aid construction contracts
and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for employees are
provided in such a manner that segregation on the basis of race, color,
religion, sex, or national origin cannot result. The contractor may neither
require such segregated use by written or oral policies nor tolerate such
use by employee custom. The contractor's obligation extends further to
ensure that its employees are not assigned to perform their services at any
location, under the contractor's control, where the facilities are
segregated. The term "facilities" includes waiting rooms, work areas,
restaurants and other eating areas, time clocks, restrooms, washrooms,
locker rooms, and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate or single-
user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size). The requirements apply to
all projects located within the right-of- way of a roadway that is
functionally classified as Federal-aid highway. This excludes roadways
functionally classified as local roads or rural minor collectors, which are
exempt.
Contracting agencies may elect to apply these requirements to other
projects.
Page 124 of 462
Exhibit I - Page 4 of 11
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 “Contract provisions and related matters”
with minor revisions to conform to the FHWA- 1273 format and
FHWA program requirements.
1. Minimum wages:
a. All laborers and mechanics employed or working upon the site
of the work, will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph 1.d. of this
section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period. Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics
performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked
therein: Provided, That the employer's payroll records accurately set
forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and
wage rates conformed under paragraph 1.b. of this section) and the
Davis-Bacon poster (WH–1321) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers
or mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have
been met:
(i) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction
industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their representatives, and
the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation
of the contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section,
shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the
classification.
c. Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate
account, assets for the meeting of obligations under the plan or program.
Page 125 of 462
Exhibit I - Page 5 of 11
2. Withholding:
The contracting agency shall upon its own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from the contractor under this
contract, or any other Federal contract with the same prime contractor,
or any other federally- assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the contracting
agency may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
3. Payrolls and basic records:
a. Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period
of three years thereafter for all laborers and mechanics working at the
site of the work. Such records shall contain the name, address, and
social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis- Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and
that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the contracting
agency. The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead the
payrolls shall only need to include an individually identifying number
for each employee (e.g., the last four digits of the employee's social
security number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is available
for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
site. The prime contractor is responsible for the submission of copies
of payrolls by all subcontractors. Contractors and subcontractors shall
maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the contracting
agency for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements.
It is not a violation of this section for a prime contractor to require a
subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the contracting
agency.
(2) Each payroll submitted shall be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5(a)(3)
(ii) of Regulations, 29 CFR part 5, the appropriate information
is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full
weekly wages earned, without rebate, either directly
or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part
3;
(iii) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth
on the reverse side of Optional Form WH–347 shall satisfy the
requirement for submission of the “Statement of Compliance” required
by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under
section 1001 of title 18 and section 231 of title 31 of the United States
Code.
c. The contractor or subcontractor shall make the records required under
paragraph 3.a. of this section available for inspection, copying, or
transcription by authorized representatives of the contracting agency, the
State DOT, the FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required records or to
make them available, the FHWA may, after written notice to the
contractor, the contracting agency or the State DOT, take such action as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office,
or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor Services or a
State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
Page 126 of 462
Exhibit I - Page 6 of 11
The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. Where
a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in
the contractor's or subcontractor's registered program shall be
observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination.
In the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless
they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification
by the U.S. Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and
Training Administration.
Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there
is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for
less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered
and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the
work actually performed.
In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
c. Equal employment opportunity.
The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part
30.
d. Apprentices and Trainees (programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and skill training
programs which have been certified by the Secretary of Transportation as
promoting EEO in connection with Federal- aid highway construction
programs are not subject to the requirements of paragraph 4 of this
Section IV. The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeymen shall not
be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR part 3, which are incorporated
by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert Form
FHWA-1273 in any subcontracts and also require the subcontractors to
include Form FHWA-1273 in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses
in 29 CFR 5.5 may be grounds for termination of the contract, and for
debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act requirements. All
rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved
in accordance with the procedures of the Department of Labor set forth
in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and the contracting agency,
the U.S. Department of Labor, or the employees or their representatives.
Page 127 of 462
Exhibit I - Page 7 of 11
10. Certification of eligibility:
a. By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR5.12(a)(1).
c. The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT
The following clauses apply to any Federal-aid construction contract
in an amount in excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required by 29
CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at
a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph (1.) of this
section, the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1.) of this section, in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth
in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages. The
FHWA or the contacting agency shall upon its own action or upon
written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2.) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1.) through (4.) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1.) through (4.)
of this section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on
the National Highway System.
1. The contractor shall perform with its own organization contract work
amounting to not less than 30 percent (or a greater percentage if
specified elsewhere in the contract) of the total original contract price,
excluding any specialty items designated by the contracting agency.
Specialty items may be performed by subcontract and the amount of any
such specialty items performed may be deducted from the total original
contract price before computing the amount of work required to be
performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to
workers employed or leased by the prime contractor, and equipment
owned or rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a subcontractor
or lower tier subcontractor, agents of the prime contractor, or any other
assignees. The term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant Federal
and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following
conditions:
(1) the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the
work of the leased employees;
(3) the prime contractor retains all power to accept or exclude
individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal regulatory
requirements.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified and
expected to bid or propose on the contract as a whole and in general are
to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph (1) of Section VI is computed includes the cost of material and
manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements,
and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the contracting
officer determines is necessary to assure the performance of the contract.
Page 128 of 462
Exhibit I - Page 8 of 11
4. No portion of the contract shall be sublet, assigned or otherwise
disposed of except with the written consent of the contracting officer,
or authorized representative, and such consent when given shall not be
construed to relieve the contractor of any responsibility for the
fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements of
the prime contract
5. The 30% self-performance requirement of paragraph (1) is not
applicable to design-build contracts; however, contracting agencies
may establish their own self-performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with
all applicable Federal, State, and local laws governing safety, health,
and sanitation (23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the contracting officer may
determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect
property in connection with the performance of the work covered by
the contract.
2. It is a condition of this contract, and shall be made a condition of
each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit any
employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to
his/her health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary of
Labor, in accordance with Section 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the
Secretary of Labor or authorized representative thereof, shall have right
of entry to any site of contract performance to inspect or investigate the
matter of compliance with the construction safety and health standards and
to carry out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts.
In order to assure high quality and durable construction in conformity
with approved plans and specifications and a high degree of reliability
on statements and representations made by engineers, contractors,
suppliers, and workers on Federal- aid highway projects, it is essential
that all persons concerned with the project perform their functions as
carefully, thoroughly, and honestly as possible. Willful falsification,
distortion, or misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, Form FHWA-1022
shall be posted on each Federal-aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons
concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or
of any State or Territory, or whoever, whether a person, association,
firm, or corporation, knowingly makes any false statement, false
representation, or false report as to the character, quality, quantity, or cost
of the material used or to be used, or the quantity or quality of the work
performed or to be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for approval to
the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation,
false report or false claim with respect to the character, quality, quantity,
or cost of any work performed or to be performed, or materials furnished
or to be furnished, in connection with the construction of any highway
or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation
as to material fact in any statement, certificate, or report submitted
pursuant to provisions of the Federal-aid Roads Act approved July 1,
1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or
both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROLACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this contract, or
subcontract, as appropriate, the bidder, proposer, Federal-aid
construction contractor, or subcontractor, as appropriate, will be deemed
to have stipulated as follows:
1. That any person who is or will be utilized in the performance of this
contract is not prohibited from receiving an award due to a violation of
Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be included the
requirements of paragraph (1) of this Section X in every subcontract,
and further agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts, purchase
orders, lease agreements, consultant contracts or any other covered
transaction requiring FHWA approval or that is estimated to cost
$25,000 or more – as defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification– First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier
participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below
will not necessarily result in denial of participation in this covered
transaction. The prospective first tier participant shall submit an
explanation of why it cannot provide the certification set out below.
Page 129 of 462
Exhibit I - Page 9 of 11
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective first tier
participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact
upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first tier participant shall provide immediate
written notice to the contracting agency to whom this proposal is
submitted if any time the prospective first tier participant learns
that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180
and 1200. “First Tier Covered Transactions” refers to any
covered transaction between a grantee or subgrantee of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a grantee or
subgrantee of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or
agency entering intothis transaction.
g. The prospective first tier participant further agrees by submitting
this proposal that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions," provided by the
department or contracting agency, entering into this covered
transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require the
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
information of the prospective participant is not required to exceed
that which is normally possessed by a prudent person in the ordinary
course of business dealings.
j. Except for transactions authorized under paragraph (f) of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
* * * * *
2. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph(a)(2) of this
certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach
an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier
transactions requiring prior FHWA approval or estimated to cost
$25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier
is providing the certification set out below.
b. The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was entered into.
If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Page 130 of 462
Exhibit I - Page 10 of 11
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and
1200. You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations. “First Tier
Covered Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions” refers
to any covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a grantee or
subgrantee of Federal funds (such as the prime or general contractor).
“Lower Tier Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactionsexceedingthe$25,000
threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant is responsible for ensuring
that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any lower tier
prospective participants, each participant may, but is not required to,
check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services
Administration.
h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension
and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed $100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this
bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. 1352. Any person who fails
to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
Page 131 of 462
Exhibit I - Page 11 of 11
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL
ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Actof1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done as
on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph(4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each
classification, (c) the date on which the participant estimates
such employees will be required, and (d) any other pertinent
information required by the State Employment Service to
complete the job order form. The job order may be placed with the
State Employment Service in writing or by telephone. If during
the course of the contract work, the information submitted by the
contractor in the original job order is substantially modified, the
participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested,
the State Employment Service will forward a certificate to the
contractor indicating the unavailability of applicants. Such
certificate shall be made a part of the contractor's permanent
project records. Upon receipt of this certificate, the contractor
may employ persons who do not normally reside in the labor area
to fill positions covered by the certificate, notwithstanding the
provisions of subparagraph(1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting
agency to provide a contractual preference for the use of mineral
resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Page 132 of 462
Exhibit J - Page 1 of 11
EXHIBIT J
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR
Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencies and their
contractors or the Local Agencies).
Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
CFR Part 3) (All contracts and sub-Agreements for construction or repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR
Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencies and the Local Agencies
when required by Federal Agreement program legislation. This act requires that all laborers and mechanics
employed by contractors or sub-contractors to work on construction projects financed by federal assistance
must be paid wages not less than those established for the locality of the project by the Secretary of Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the
Local Agency’s in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment
of mechanics or laborers).
Clean Air Act
Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section
508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15) (contracts, subcontracts, and sub-Agreements of amounts more than $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds
cannot be used for partisan political purposes of any kind by any person or organization involved in the
administration of federally assisted programs.
Nondiscrimination
The Local Agency shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color national origin, sex, age or disability. Prior to the
receipt of any Federal financial assistance from CDOT, the Local Agency shall execute the attached Standard
DOT Title VI assurance. As appropriate, the Local Agency shall include Appendix A, B, or C to the Standard
DOT Title VI assurance in any contract utilizing federal funds, land, or other aid. The Local Agency shall also
include the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, DBEs will be afforded full and fair opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for any award.
Page 133 of 462
Exhibit J - Page 2 of 11
ADA
In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall require the federal-
aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504
and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-
646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and
displacing households or businesses in the performance of the Agreement).
Drug-Free Workplace Act
The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
Age Discrimination Act of 1975
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing
regulation 45 C.F.R. Part 84.
23 C.F.R. Part 172
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts".
23 C.F.R. Part 635
23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements
for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid
Highway Act of 1973, the Contractor, for itself, its assignees, and successors in interest, agree as follows:
i. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation relative to
nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code
of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors, including procurement of materials and
leases of equipment. The Contractor will not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix C of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this
Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental
or physical handicap or national origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations, or orders and
instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources
of information and its facilities as may be determined by the State or the FHWA to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. Where any information required
of the Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth
what efforts have been made to obtain the information.
Page 134 of 462
Exhibit J - Page 3 of 11
v. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the
contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant
thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the
FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a
Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into
such litigation to protect the interests of the United States.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 135 of 462
Exhibit J - Page 4 of 11
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving
any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department
of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and
Federal Aviation Administration (FAA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of
Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA,
or FAA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other
Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and
requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of
49 C.F.R. § 21 will be (with regard to an "activity") facilitated or will be (with regard to a "facility") operated or
will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to
the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work,
or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3. "The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fair opportunity
Page 136 of 462
Exhibit J - Page 5 of 11
4. to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award."
5. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement
subject to the Acts and the Regulations.
6. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
7. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,
the Assurance will extend to the entire facility and facilities operated in connection therewith.
8. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
9. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a
covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered
into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project,
or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved
under the applicable activity, project, or program.
10. That this Assurance obligates the Recipient for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form of,
personal property, or real property, or interest therein, or structures or improvements thereon, in which case
the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
11. The Recipient will provide for such methods of administration for the program as are found by the Secretary
of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee
that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
12. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
Page 137 of 462
Exhibit J - Page 6 of 11
upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed
in program guidance.
[Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts,
agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date
hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE
is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded
programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
(Name of Recipient)
by
(Signature of Authorized Official)
DATED
Page 138 of 462
Exhibit J - Page 7 of 11
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, FHWA, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and will
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination
provisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Page 139 of 462
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the
[Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of
Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and
the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local
Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit
A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject,
however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in
effect for the period during which the real property or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding
on the [Local Agency] its successors and assigns.
The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and
agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,]
[and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions,
the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land
and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation
and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear
the purpose of Title VI.)
Exhibit J - Page 8 of 11
Page 140 of 462
Exhibit J - Page 9 of 11
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the
[Local Agency] pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the
case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,
license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination
covenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,
and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued. *
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]
will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities
will there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
Page 141 of 462
Exhibit J - Page 10 of 11
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by
[Local Agency] pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under
such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed
by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination
covenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued. *
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency]
will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and its
assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
Page 142 of 462
Exhibit J - Page 11 of 11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations
at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low- Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
Page 143 of 462
Exhibit K - Page 1 of 4
EXHIBIT K
FFATA SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the
contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings
ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administers
in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-
Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is
called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the
American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award
types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial
assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers.
For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website
may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
Page 144 of 462
Exhibit K - Page 2 of 4
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency
to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282),
as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency
Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a
portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all
or any portion of the substantive project or program for which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-
Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal
project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and
conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The
term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants,
and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter
the information required under the Transparency Act, which may be found at http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime
Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a
project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program compliance requirements do not pass
through to a Vendor.
Page 145 of 462
Exhibit K - Page 3 of 4
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations
issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such
provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity
of either party executing any further instrument. The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor shall
review and update SAM information at least annually after the initial registration, and more frequently if
required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if
required by changes in Contractor’s information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such
reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from
the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such
changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations
under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries
of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply
to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1,
2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of
the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the
reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below.
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7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number no later than the end of the month following the month in which the
Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract, the following dataelements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt
from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other arrangement
as defined in Section 1.1 of these Special Provisions. On future dates “Award” may include other items to
be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other
types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the
Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains
uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Contract, at law or in equity.
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EXHIBIT L
SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT
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Exhibit L - Page 2 of 3
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Exhibit L - Page 3 of 3
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Exhibit M - Page 1 of 5
EXHIBIT M
OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
Subject to
The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”),
Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in
whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated
into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions
shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the
FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the
terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38
1.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of
the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
1.3.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient.
2CFR §200.37
1.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109- 282), as amended by §6202 of Public Law 110-252.
1.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an
Award. The term does not include an agreement that provides only direct Federal cash assistance
to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services
for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR§200.51.
1.6. “OMB” means the Executive Office of the President, Office of Management and Budget.
1.7. “Recipient” means a Colorado State department, agency or institution of higher education that
receives a Federal Award from a Federal Awarding Agency to carry out an activity under a
Federal program. The term does not include Subrecipients. 2 CFR §200.86
1.8. “State” means the State of Colorado, acting by and through its departments, agencies and
institutions of higher education.
1.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part
of a Federal program. The term does not include an individual who is a beneficiary of such
program.
1.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
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1.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for
Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing
guidance from relevant Federal agencies or the Colorado State Controller.
2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance,
including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such
provisions automatically shall become a part of these Supplemental Provisions, without the
necessity of either party executing any further instrument. The State of Colorado may provide
written notification to Subrecipient of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures
which reflect applicable State, local, and Tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in the Uniform
Guidance, including without limitation,
§§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of
a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass through entities), §§200.300 (Statutory and national policy requirements) through
200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR
§200.331(a)(5).
5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during
Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR §200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in
accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal
program (excluding research and development) and the Federal program's statutes,
regulations, or the terms and conditions of the Federal award do not require a financial
statement audit of Recipient. A program-specific audit may not be elected for research
and development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government
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Exhibit M - Page 3 of 5
Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other
information as needed for the auditor to perform the audit required by Uniform Guidance
Part F-Audit Requirements.
6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include
all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant
Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The 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, sex, 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. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
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Exhibit M - Page 4 of 5
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided bylaw.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction”). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal
entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is other wise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
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Exhibit M - Page 5 of 5
Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non- Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations on an annual
basis. 2CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet
a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end
of the Award that the project or activity was completed or the level of effort was expended. 2
CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of
the Award must be adjusted.
7.1 Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall
constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may
terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar
days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Grant, at law or in equity.
8. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The
procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards
made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-
Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014.
9. Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard
information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award
Performance Goals that awarding Federal agencies are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help
the Federal awarding agency and other non-Federal entities to improve program outcomes.
The Federal awarding agency is required to provide recipients with clear performance goals, indicators,
and milestones (200.210). Also, must require the recipient to relate financial data to performance
accomplishments of the Federal award.
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Exhibit N- Page 1 of 16
Exhibit N
Federal Treasury Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award
Terms and Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and
adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non-Federal Entity
receives or administers.
2.1.2. “Data Universal Numbering System (DUNS) Number” means the nine-digit
number established and assigned by Dun and Bradstreet, Inc. to uniquely identify
a business entity. Dun and Bradstreet’s website may be found at:
http://fedgov.dnb.com/webform.
2.1.3. “Entity” means:
2.1.3.1. a Non-Federal Entity;
2.1.3.2. a foreign public entity;
2.1.3.3. a foreign organization;
2.1.3.4. a non-profit organization;
2.1.3.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.3.6. a foreign non-profit organization (only for 2 CFR part 170) only);
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2.1.3.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non-Federal entity (or 2 CFR 200.1); or
2.1.3.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.4. “Executive” means an officer, managing partner or any other employee in a
management position.
2.1.5. “Expenditure Category (EC)” means the category of eligible uses as defined by the
US Department of Treasury in “Appendix 1 of the Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov.
2.1.6. “Federal Awarding Agency” means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
2.1.7. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.8. “Grantee” means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.9. “Non-Federal Entity means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.10. “Nonprofit Organization” means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.10.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.10.2. Is not organized primarily for profit; and
2.1.10.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and
Budget.
2.1.12. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.13. “Prime Recipient” means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.14. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in
whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
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2.1.15. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non-Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program.
2.1.16. “System for Award Management (SAM)” means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov. “Total Compensation” means the cash and
noncash dollar value earned by an Executive during the Prime Recipient’s or
Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.16.1. Salary and bonus;
2.1.16.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.16.3. Earnings for services under non-equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.16.4. Change in present value of defined benefit and actuarial pension plans;
2.1.16.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.16.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.17. “Transparency Act” means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
Page 158 of 462
Exhibit N- Page 4 of 16
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Grantee of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not
include a term or conditions that undermines efforts to stop COVID-19 or discourages
compliance with recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM
(DUNS) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its
information.
4.2. DUNS. Grantee shall provide its DUNS number to its Prime Recipient, and shall update
Grantee’s information in Dun & Bradstreet, Inc. at least annually after the initial
registration, and more frequently if required by changes in Grantee’s information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
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Exhibit N- Page 5 of 16
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee
shall report data elements to SAM and to the Prime Recipient as required in this Exhibit.
No direct payment shall be made to Grantee for providing any reports required under
these Federal Provisions and the cost of producing such reports shall be included in the
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of Grantee’s
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as
referenced in Exhibit P to report to the State Agency within ten (10) days following
each quarter ended September, December, March and June. Additional information
on specific requirements are detailed in the SLFRF Subrecipient Quarterly Report
Workbooks and "Compliance and Reporting Guidance, State and Local Fiscal
Recovery Funds" report available at www.treasury.gov.
EC 1 – Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
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Exhibit N- Page 6 of 16
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence-based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer
b) Purpose of funds
EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project’s response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence-based programs and description of
evaluation plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
b) Number of people or households receiving eviction prevention services (2.2 & 2.5
only) (Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may
change this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
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Exhibit N- Page 7 of 16
a) National Center for Education Statistics (“NCES”) School ID or NCES District ID
b) Number of students participating in evidence-based programs (Federal guidance
may change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non-Profits (2.34)
a) Number of non-profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a) Sector of employer
b) Purpose of funds
c) If other than travel, tourism and hospitality (2.36) – description of hardship
EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if
beyond those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third-party employers
d) Written narrative justification of how premium pay is responsive to essential work
during the public health emergency for non-exempt workers or those making over
150 percent of the state/county’s average annual wage
e) Number of workers to be served with premium pay in K-12 schools
EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local
impact report
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ii. Project labor agreement certification or project workforce continuity
plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with
the Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100
Mbps download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed
100 Mbps download speed and between at least 20 Mbps and 100 Mbps
upload speed, and be scalable to a minimum of 100 Mbps download
speed and 100 Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance,
including, but not limited to (Federal guidance may change this requirement in
July 2022):
i. Number of households (broken out by households on Tribal lands and
those not on Tribal lands) that have gained increased access to
broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, with the number of households with access to minimum
speed standard of reliable 100 Mbps symmetrical upload and download
and number of households with access to minimum speed standard of
reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) that have projected increased
access to broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization,
with the number of each type of institution with access to the minimum
Page 163 of 462
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speed standard of reliable 100 Mbps symmetrical upload and download;
and number of each type of institution with access to the minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed,
miles of fiber, cost per mile, cost per passing, number of households
(broken out by households on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum
speed standards in areas that previously lacked access to service of at
least 25 Mbps download and 3 Mbps upload, number of households with
access to minimum speed standard of reliable 100 Mbps symmetrical
upload and download, number of households with access to minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload, and
number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) projected to have increased
access to broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, in each of the following categories: business, small
business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization.
Specify the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps symmetrical upload and
download; and the number of each type of institution with access to the
minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later
than five days after the end of the month following the month in which the
Subaward was made.
8.1.2.1. Subrecipient DUNS Number;
8.1.2.2. Subrecipient DUNS Number if more than one electronic funds transfer
(EFT) account;
8.1.2.3. Subrecipient parent’s organization DUNS Number;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in
§4 above are met; and
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Exhibit N- Page 10 of 16
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the
following data elements:
8.1.3.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities.
See the "Project Demographic Distribution" section in the "Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov. This requirement is applicable to all
projects in Expenditure Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based
interventions and the evidence base. See the “Use of Evidence” section in
the “Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds” report available at www.treasury.gov. See section 8.1.1 for relevant
Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program
and in what manner the aid responds to the public health and negative
economic impacts of COVID-19. This requirement is applicable to
Expenditure Categories 1 and 2. For aid to travel, tourism, and hospitality
or other impacted industries (EC 2.11-2.12), also provide the sector of
employer, purpose of funds, and if not travel, tourism and hospitality a
description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the
health and well-being of residents by the chief executive of the jurisdiction
and the number of workers expected to be served. For groups of workers
(e.g., an operating unit, a classification of worker, etc.) or, to the extent
applicable, individual workers, other than those where the eligible worker
receiving premium pay is earning (with the premium pay included) below
150 percent of their residing state or county’s average annual wage for all
occupations, as defined by the Bureau of Labor Statistics Occupational
Employment and Wage Statistics, whichever is higher, OR the eligible
worker receiving premium pay is not exempt from the Fair Labor Standards
Act overtime provisions, include justification of how the premium pay or
grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not
include personally identifiable information. This requirement applies to EC
4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any
expenditure category, narrative identifying the projected construction start
date (month/year), projected initiation of operations date (month/year), and
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Exhibit N- Page 11 of 16
location (for broadband, geospatial location data). For projects over $10
million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates
not less than those prevailing, as determined by the U.S. Secretary of Labor
in accordance with subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the "Davis-Bacon Act"), for the corresponding
classes of laborers and mechanics employed on projects of a character
similar to the Agreement work in the civil subdivision of the State (or the
District of Columbia) in which the work is to be performed, or by the
appropriate State entity pursuant to a corollary State prevailing-wage-in-
construction law (commonly known as "baby Davis-Bacon Acts"). If such
certification is not provided, a recipient must provide a project employment
and local impact report detailing (1) the number of employees of
Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3)
the wages and benefits of workers on the project by classification; and (4)
whether those wages are at rates less than those prevailing. Recipients must
maintain sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a
project labor agreement, meaning a pre-hire collective bargaining
agreement consistent with section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)). If the recipient does not provide such
certification, the recipient must provide a project workforce continuity
plan, detailing: (1) how the Subrecipient will ensure the project has ready
access to a sufficient supply of appropriately skilled and unskilled labor
to ensure high-quality construction throughout the life of the project; (2)
how the Subrecipient will minimize risks of labor disputes and
disruptions that would jeopardize timeliness and cost-effectiveness of the
project; and (3) how the Subrecipient will provide a safe and healthy
workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will
receive wages and benefits that will secure an appropriately skilled
workforce in the context of the local or regional labor market; and (5)
whether the project has completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a
description of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the
US Treasury, Governor’s Office and Office of the State Controller. The State of
Colorado may need additional reporting requirements after this agreement is executed.
If there are additional reporting requirements, the State will provide notice of such
additional reporting requirements via Exhibit Q – SLFRF Reporting Modification
Form.
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9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its Contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient’s records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or
program-specific audit conducted for that year in accordance with the provisions of
Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
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Exhibit N- Page 13 of 16
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-
specific audits). The Subrecipient may elect to have a program-specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program’s statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program-specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the
Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements
that meet the definition of “federally assisted construction Agreement” in 41 CFR
Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction,
alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended
(40 U.S.C. 3141-3148).
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12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets
the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into an Agreement with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Prime Recipient or Subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Agreements
and Cooperative Agreements,” and any implementing regulations issued by the
Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal awardees
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement
award (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Agreement with the
enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
Agreements, grants and cooperative agreements that are expected to exceed
$50,000 within the period of performance, are performed outside the United States
and its territories, and are in support of a contingency operation in which members
of the Armed Forces are actively engaged in hostilities.
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12.1.8. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title
VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part
of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement
with Recipient of Federal Recovery Funds” Certification Form in Exhibit O and submit
to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award.
Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30-day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
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Exhibit N- Page 16 of 16
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in
part as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity
fails to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the
Non-Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be
terminated. However, if the Federal Awarding Agency or Pass-through Entity
determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass-through Entity
may terminate the Federal Award in its entirety; or
By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions
included in the Federal Award.
Page 171 of 462
Exhibit O - Page 1 of 9
EXHIBIT O
AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name
Authorized Representative:
Title:
Signature:
Page 172 of 462
Exhibit O - Page 2 of 9
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Treasury’s regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof
and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Subrecipient may use award funds to cover eligible costs incurred during the period that
begins on March 3, 2021, and ends on December 31, 2024.
Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller.
Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
Page 173 of 462
Exhibit O - Page 3 of 9
is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F – Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
i. Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
ii. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
iii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
iv. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
Page 174 of 462
Exhibit O - Page 4 of 9
v. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
Page 175 of 462
Exhibit O - Page 5 of 9
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b. The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
Page 176 of 462
Exhibit O - Page 6 of 9
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct.
6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to
adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Page 177 of 462
Exhibit O - Page 7 of 9
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,
the Subrecipient provides the assurances stated herein. The federal financial assistance may include
federal grants, loans and Agreements to provide assistance to the Subrecipient’s beneficiaries, the
use or rent of Federal land or property at below market value, Federal training, a loan of Federal
personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass Agreements of guarantee or insurance, regulated programs,
licenses, procurement Agreements by the Federal government at market value, or programs that
provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
Page 178 of 462
Exhibit O - Page 8 of 9
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
Page 179 of 462
Exhibit O - Page 9 of 9
discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
Page 180 of 462
EXHIBIT P
SLFRF SUBRECIPIENT QUARTERLY REPORT
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State
Agency within ten (10) days following each quarter ended September, December,
March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found
at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates tab)
Exhibit P - Page 1 of 1
Page 181 of 462
EXHIBIT Q
SAMPLE SLFRF REPORTING MODIFICATION FORM
Local Agency: Agreement No:
Project Title: Project No:
Project Duration: To: From:
State Agency: CDOT
This form serves as notification that there has been a change to the reporting requirements set forth in the
original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Local Agency agrees to and acknowledges the changes to the reporting requirements
set forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant
Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form to
the State Agency within 10 business days of the date sent by that Agency.
Local Agency Date
CDOT Program Manager Date
Exhibit Q - Page 1 of 1
Page 182 of 462
EXHIBIT R
APPLICABLE FEDERAL AWARDS
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date * May 18, 2021
Federal Award End Date December 31, 2024
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is not the
amount of this grant agreement)
$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
Exhibit R - Page 1 of 1
Page 183 of 462
Exhibit S- Page 1 of 1
EXHIBIT S
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
Page 184 of 462
EXHIBIT T
CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
Exhibit T - Page 1 of 2
Checklist for required exhibits due to funding sources. Required Exhibits are dependent on the source of funding. This is
a guide to assist in the incorporation and completion of Exhibits in relation to funding sources.
Exhibit Funding only from
FHWA
Funding only from
ARPA
FHWA and ARPA Funding
EXHIBIT A,
SCOPE OF WORK
EXHIBIT B,
SAMPLE OPTION LETTER
EXHIBIT C,
FUNDING PROVISIONS
EXHIBIT D,
LOCAL AGENCY
RESOLUTION (IF
APPLICABLE)
EXHIBIT E,
LOCAL AGENCY
AGREEMENT
ADMINISTRATION
CHECKLIST
EXHIBIT F,
CERTIFICATION FOR
FEDERAL-AID
AGREEMENTS
EXHIBIT G,
DISADVANTAGED
BUSINESS ENTERPRISE
EXHIBIT H,
LOCAL AGENCY
PROCEDURES FOR
CONSULTANT SERVICES
EXHIBIT I,
FEDERAL-AID AGREEMENT
PROVISIONS FOR
CONSTRUCTION
AGREEMENTS
EXHIBIT J,
ADDITIONAL FEDERAL
REQUIREMENTS
EXHIBIT K,
FFATA SUPPLEMENTAL
FEDERAL PROVISIONS
EXHIBIT L,
SAMPLE SUBRECIPIENT
MONITORING AND RISK
ASSESSMENT FORM
EXHIBIT M,
OMB UNIFORM GUIDANCE
FOR FEDERAL AWARDS
Page 185 of 462
Exhibit T - Page 2 of 2
EXHIBIT N,
FEDERAL TREASURY
PROVISIONS
EXHIBIT O,
AGREEMENT WITH
SUBRECIPIENT OF
FEDERAL RECOVERY
FUNDS
EXHIBIT P,
SLFRF SUBRECIPIENT
QUARTERLY REPORT
EXHIBIT Q,
SLFRF REPORTING
MODIFICATION FORM
EXHIBIT R,
APPLICABLE FEDERAL
AWARDS
EXHIBIT S,
PII CERTIFICATAION
EXHIBIT T,
CHECKLIST OF REQUIRED
EXHIBITS DEPENDENT ON
FUNDING SOURCE
Page 186 of 462
1
PEOPLES ORDINANCE COUNCIL BILL NO. 15
NO. _____________ INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER _________________
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE STATE OF COLORADO AND
THE CITY OF ENGLEWOOD FOR THE SOUTH BROADWAY
COMPLETE STREETS PROJECT
WHEREAS, the Colorado Department of Transportation (CDOT) administers
federal and state funds to provide monies for the development of enhanced transportation
projects throughout the State of Colorado; and
WHEREAS, the State is responsible for the general administration and
supervision of the performance of projects in the Program, including the administration
of funds for a Program project performed by a Local Agency under a contract with the
State; and
WHEREAS, the City of Englewood desires to undertake the South Broadway
Complete Street Project by partnering with the State of Colorado for funding; and
WHEREAS, this project will upgrade and improve 16 bus stops within the
Broadway corridor; and
WHEREAS, this project will provide a designated bicycle corridor for portions
on South Sherman Street; and
WHEREAS, this project will improve pedestrian access by installing ADA
complaint sidewalks and ramps; and
WHEREAS, this project is a complete streets project that includes 23 of 29
elements in the Regional Complete Streets Toolkit; and
WHEREAS, grant funds will pay for 88% of the project in the amount of
$6,635,000.00, with the City of Englewood contributing 12% in matching funds in the
amount of $905,000.00; and
WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of
Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes
intergovernmental agreements; and
WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to
cooperate and contract with one another to provide any function, service, or facility
lawfully authorized to each.
Page 187 of 462
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
execution by the City of the State of Colorado Intergovernmental Agreement, in the form
substantially the same as that attached hereto.
Section 2. General Provisions Applicable to this Ordinance. The
following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
D. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of
any documents by said officials shall be conclusive evidence of the approval by the City
of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
Introduced and passed on first reading on the __ day of ____, 2023.
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3
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the __ day of ___, 2023; and beginning on the same day on the City’s official website for
thirty (30) days.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in
full, and passed on first reading on the date indicated above.
Stephanie Carlile
Page 189 of 462
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Devin Keener
DEPARTMENT: Public Works
DATE: March 13, 2023
SUBJECT:
CB 16 Approve an ordinance authorizing an Intergovernmental
Agreement (IGA) for the South Broadway High Intensity Activated
Crosswalk (HAWK) Signal with the Colorado Department of
Transportation (CDOT)
DESCRIPTION:
IGA with CDOT in the amount of $394,394.00
RECOMMENDATION:
Staff recommends that the City Council approve an ordinance authorizing an Intergovernmental
Agreement (IGA) between the Colorado Department of Transportation (CDOT) and the City of
Englewood to fund the design and construction of a High-Intensity Activated Cross Walk
(HAWK) signal in downtown Englewood at the existing pedestrian crossing in the 3400 block of
South Broadway.
PREVIOUS COUNCIL ACTION:
This project was considered and funded as part of the 2023 Budget approved by City Council at
the October 3, 2022 City Council meeting.
SUMMARY:
In 2021, Staff targeted the existing mid 3400 block pedestrian crossing on South Broadway
between Hampden Ave and Girard Ave for safety improvements. Staff applied for a federal
grant through CDOT and was awarded funding as part of the Revitalizing Main Streets (RMS)
Opportunity 1 funds. The grant amount awarded is $315,515 with a local match of $78,879. In
order to receive the grant money, the City must enter into an IGA with CDOT.
An IGA is required as CDOT is responsible for overseeing and administering all federal
transportation funds in the state on behalf of the Federal Highway Administration (FHWA). The
IGA defines roles and responsibilities for each party and details the funding and disbursements
process. The IGA also details federal bidding and construction requirements such as
compliance with wage provisions in the Davis-Bacon Act, a minimum Disadvantaged Business
Enterprise (DBE) goal, etc.
Upon approval of the IGA, an engineering consultant will be contracted with to provide a Traffic
Impact Analysis study of the HAWK signal's potential affects to existing and future traffic and
then design the HAWK signal and provide construction documents to be used for bidding. A
contractor will then be selected to construct the HAWK signal. The HAWK signal will be painted
the same green color as the other masts in Englewood's downtown district and will replace the
Page 190 of 462
existing flashing beacons at the pedestrian crossing. It is expected that the HAWK signal can
be installed by spring of 2024.
ANALYSIS:
This crosswalk serves as a critical connection between Englewood’s downtown district. The
existing Rectangular Rapid Flashing Beacon (RRFB) signalization for the pedestrian crossing
does not provide the level of safety that is expected at this location.
In an effort to improve pedestrian safety at this location, it is proposed to remove the existing
Rectangular Rapid Flashing Beacons (RRFB) and replace them with a HAWK signal in addition
to restriping the crosswalk for greater visibility and so that it meets current ADA standards.
HAWK signals operate only when a road user activates a push button at the pedestrian
crossing. The HAWK signal will activate a sequence of lights that will require approaching
drivers to slow and come to a stop. It then provides a WALK indication to pedestrians and
allows vehicles to proceed after pedestrians have crossed. The HAWK signal can increase
vehicular compliance by nearly 40% over flashing beacons, with a 93% overall traffic
compliance rate.
COUNCIL ACTION REQUESTED:
Staff recommends that the City Council approve a bill for an ordinance authorizing an
Intergovernmental Agreement (IGA) between CDOT and the City of Englewood to fund the
design and installation of the HAWK signal in the 3400 block of South Broadway.
FINANCIAL IMPLICATIONS:
The City of Englewood will contribute 20% towards the overall project funding and CDOT will
contribute 80%. The breakdown of funding is as shown in the table below.
CDOT $315,515
City of Englewood $78,879
Total $394,394
Englewood's share of the project is budgeted in the Public Improvement Fund Project Number
30 1001 036 HAWK Signal Grant. There is adequate funding available in 30 1001 027 HAWK
Signal Grant for the city's contribution as shown on the attached Contract Approval Summary
document.
CONNECTION TO STRATEGIC PLAN:
Outcome Area: Infrastructure and Transportation
A city that proactively and in a cost-effective manner invests in, maintains, improves, and plans
to protect its infrastructure.
Ensure the safety of all while traveling through Englewood
Page 191 of 462
OUTREACH/COMMUNICATIONS:
Details of this project will be added to the city's website. Limited and targeted public outreach is
planned for this initial phase of the feasibility and design work.
ATTACHMENTS:
Presentation
Contract Approval Summary
Council Bill
Intergovernmental Agreement
Page 192 of 462
3400 Block South Broadway HAWK Signal
Capital Projects Engineer Devin Keener
March 13, 2023
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Background/Context
50 Pedestrian crossings per hour at Peak Times
Existing Flashing Beacon Deficiencies
HAWK Signal Vehicular Compliance
CDOT Grant Application
IGA
Design and Construction
3400 Block South Broadway Crossing seen in 2022
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Purpose of the Project
Example of a HAWK Signal mast in Denver
Example of a HAWK Signal and mast signage in Denver
HAWK Signal
Single Mast over South Broadway
Increased Vehicular Compliance
Yellow –Red –Flashing Red light sequence requires cars to STOP.
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Project Timeline
March
2023
Execute IGA with CDOT
Anticipated Construction Start
Project Timeline
Initiate Design Phase
Spring
2023
Spring
2024
Summer
2024
Construction Completion
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Analysis of IGA and Budget
CDOT Revitalizing Main Streets Grant:
Total Budget for Design and Construction: $394,394.00
City Share (20%) $78,879.00
CDOT Share (80%)$315,515.00
The City of Englewood has adequate funding budgeted for the City Share amount in the Public
Improvement Fund project number 30 1001 036 Hawk Signal Grant.
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Staff Recommendation
Staff recommends approving the IGA with CDOT in the amount of $394,394.00 to
design and construct the HAWK signal on the 3400 Block of South Broadway.
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Questions?
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Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date TBD
Amendment Amount End Date TBD
Amended Contract Amount Total Term in Years TBD
Vendor Contact Information:
Name Contact
Address Phone
Email
Denver CO
City State Zip Code
Contract Type:
Please select from the drop down list
Descripiton of Contract Work/Services
Procurement Justification of Contract Work/Services
303-512-4014
christopher.beaver@state.co.us
Christopher Beaver
The City will pay for design and construction invoices monthly, to be reimbursed at 80% by CDOT as per the IGA.
$ -
$ 394,394.00
303-913-8696Devin Keener
dkeener@englewoodco.govCapital Projects Engineer
Renewal options available NA
The City intends to remove the existing flashing becons at the mid-3400 block of S Broadway and replace them with a High-Intensity Activated Crosswalk (HAWK) Signal. The IGA with CDOT will fund the design and construction of this
project. The City is responsibile for 20% of the total IGA cost and CDOT 80%.
Reconginizing the safety improvements that a HAWK signal can provide to pedestrians, City staff applied for a grant through CDOT to obtain funding via an IGA. CDOT awarded the City the grant funding in 2022.
80204
Payment or Revenue terms
(please describe terms or attached schedule if based on deliverables)
CONTRACT APPROVAL SUMMARY
Colorado Department of Transportation (CDOT)
2829 W Howard Pl
IGA-Intergovernmental Agreement
NA
$ 394,394.00
Page 200 of 462
CONTRACT APPROVAL SUMMARY
Source of Funds:
Revenue CAPITAL ONLY A B C 1=A-B-C
Capital Tyler New World Spent To Contract Budget
Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining
C 2023 30 1001 036 Hawk Signal Contract 78,879.00$ -$ 78,879.00$ -$
C 2023 30 1001 036 Hawk Signal (CDOT Grant)Grant 315,515.00$ 315,515.00$
-$ -$ -$ -$
Total Current Year Total 394,394.00$ -$ 394,394.00$ -$
C -$ -$ -$ -$
O -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$
GRAND TOTAL 394,394.00$ -$ 394,394.00$ -$
Process for Choosing Contractor:
Solicitation Name and Number
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
General Ledger Account String
NA
NOTES/COMMENTS (if needed):
For Operating Line Item Detail, please review information provided in Tyler New World
For Capital Items, please review Prior Month's Project Status and Fund Balance Report
Solicitation:Evaluation Summary/Bid Tabulation Attached
Proposal/Bid Attached
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
Page 201 of 462
1
PEOPLES ORDINANCE COUNCIL BILL NO. 16
NO. ____ INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER _________________
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD
FOR THE SOUTH BROADWAY HAWK SIGNAL
IMPROVEMENTS PROJECT # RMS M395-025 (25411)
WHEREAS, the Colorado Department of Transportation (CDOT) administers
federal and state funds to provide monies for the development of enhanced transportation
projects throughout the State of Colorado; and
WHEREAS, CDOT currently administers the Revitalizing Main Streets (RMS)
grant program, which allocates funds for transportation projects requested by Local
Agencies to enhance active transportation safety and strengthen the connection of people
to main streets and central economic hubs; and
WHEREAS, the State is responsible for the general administration and
supervision of the performance of projects in the Program, including the administration
of funds for a Program project performed by a Local Agency under a contract with the
State; and
WHEREAS, staff applied to CDOT for an RMS grant to remove and replace the
existing flashing beacons at the mid-3400 block of South Broadway between Hampden
Avenue and Girard Avenue and replace the beacons with a HAWK signal to increase
pedestrian safety; and
WHEREAS, CDOT has determined the Project qualifies for grant funds; and
WHEREAS, the grant funds will assist the City in constructing the South
Broadway HAWK signal project; and
WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of
Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes
intergovernmental agreements; and
WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to
cooperate and contract with one another to provide any function, service, or facility
lawfully authorized to each; and
WHEREAS, grant funds will pay for 80% of the project in the amount of
$315,515.00, with the City of Englewood contributing 20% in matching funds in the
amount of $78,879.00 from the Public Works Department's Public Improvement Fund 30
1001 036; and
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WHEREAS, the passage of this Ordinance will authorize the Colorado
Department of Transportation (CDOT) to release the grant funds for the South Broadway
HAWK signal project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby
authorizes execution by the City of the Intergovernmental Agreement entitled Englewood
S. Broadway HAWK Beacon: CDOT RMS Funding Project # RMS M395-025 (25411),
which shall be in substantially the same form as that attached hereto.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any part hereof are hereby repealed to
the extent of such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability,
either civil or criminal, which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
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E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as necessary to implement this
Ordinance's provisions.
G. Enforcement. To the extent this ordinance establishes a required or
prohibited action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty
provisions contained within EMC § 1-4-1.
Introduced and passed on first reading on the __ day of ____, 2023.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced and passed
on first reading on the date indicated above; published in full beginning the day after
passage on the City’s official website for at least thirty (30) days thereafter; and
published once by Title in the City’s Official Newspaper.
Stephanie Carlile
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CONTRACT
THIS CONTRACT made this ___ day of ________________ 20___, by and between the State of Colorado for the
use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF
ENGLEWOOD hereinafter referred to as the “Contractor” or the “Local Agency.”
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Total
Contract Amount: $394,394.00.
2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance
and construction of highways that are part of the state (or local agency) highway system.
4. Local Agency anticipates a project for the South Broadway HAWK signal project that will improve the safety of
pedestrians utilizing the existing midblock crossing located at the 3400 block of South Broadway in Englewood,
CO - including: traffic signal, signing, striping, and lighting improvements and by the date of execution of this
contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form
#463 describing the general nature of the Work. The Local Agency understands that before the Work begins, the
Local Agency must receive an official written “Notice to Proceed” prior to commencing any part of the Work.
The Local Agency further understands, before the Work begins, the form #463 may be revised as a result of
design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local
Agency desires to perform the Work described in form #463, as it may be revised.
5. The Local Agency has requested that State funds be made available for project RMS M395-025 (25411),
Englewood S. Broadway HAWK Beacon: CDOT RMS Funding referred to as the “Project” or the “Work.” Such
Work will be performed in CITY OF ENGLEWOOD, Colorado, specifically described in Exhibit A.
6. The State has funds available and desires to provide 80% of the funding for the work. Local Agency will
provide the other 20%. State funds may be awarded with “Special Funding”. Special Funding may include but is
not limited to one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing
Main Streets, Safer Main Streets, Stimulus Funds or COVID Relief. If Special Funding is used there may be an
expiration date for the funds. The expiration date applies to grants and local funds used to match grants. To receive
payment or credit for the match, Work must be completed or substantially completed, as outlined in the terms of
the grant, prior to the expiration date of the Special Funding and invoiced in compliance with the rules outlined in
the award of the funding.
7. The Local Agency desires to comply with all state and other applicable requirements, including the State's
general administration of the project through this contract, in order to obtain state funds for the project.
8. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the
work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract
and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
9. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144,
C.R.S. and Exhibit B.
10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all
of the Work.
11. The Local Agency can more advantageously perform the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
State $LAWRK REGION: 1
PROJECT: RMS M395-025 (25411), Englewood S.
Broadway HAWK Beacon: CDOT RMS Funding
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The Project or the Work under this contract shall consist of The South Broadway HAWK signal project will improve
the safety of pedestrians utilizing the existing midblock crossing located at the 3400 block of South Broadway in
Englewood, CO. Traffic signal, signing, striping, and lighting improvements., in CITY OF ENGLEWOOD, Colorado,
as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 27 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Exhibit B (Local Agency Resolution)
5. Exhibit C (Funding Provisions)
6. Exhibit D (Option Letter)
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is
later. It shall terminate on January 16, 2033, or sooner if any of the State’s funding expires, or is sooner terminated or
unless performance is extended in accordance with this Contract.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the
work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract
and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being
made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed
upon herein, the contract may be terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
C. Funding will be detailed in Exhibit C of the funding provisions.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project following the State’s review
and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that
charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not
be charged by the Local Agency to the project, and will not be reimbursed by the State.
B. The State will reimburse the Local Agency’s reasonable, allocable, allowable costs of Performance of the Work,
not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49
C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this
contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by
the Local Agency shall be:
1. In accordance with the provisions of Section 5 and with the terms and conditions of this contract;
2. Necessary for the accomplishment of the Work;
3. Reasonable in the amount for the goods and services provided;
4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value
received by the Local Agency that have the effect of reducing the cost actually incurred);
5. Incurred for Work performed after the effective date of this contract;
6. Satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally
accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current
accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent
with this contract and project objectives.
1. All allowable costs charged to the project, including any approved services contributed by the Local
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or
vouchers evidencing in detail the nature of the charges.
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2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable
against the project account shall be drawn up only in accordance with a properly signed voucher then on
file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn.
All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly
identified, readily accessible, and to the extent feasible, kept separate and apart from all other such
documents.
D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later
than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60
days of demand or within such other period as may be agreed between the parties hereto, the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway
Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per
month on the amount of the payment which was not made in a timely manner, until the billing is paid in
full. The interest shall accrue for the period from the required payment date to the date on which payment
is made.
E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred
relative to the project. The Local Agency’s invoices shall include a description of the amounts of services
performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices
will be prepared in accordance with the State’s standard policies, procedures and standardized billing format to
be supplied by the State. Additionally, the State shall have no obligation to pay Local Agency for any Work
performed or expense incurred after the Agreement Expiration Date or after required billing deadline as
specified in the award letter if applicable, whichever is sooner. The State’s obligation to pay Agreement Funds
will continue until the Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration
Date, then no payments will be made after expiration of Agreement Funds. If the Work will be performed in
multiple phases, the period of performance start and end date of each phase is detailed under the Funding
Provisions & Performance Period in Exhibit C.
F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being
requested and final billings on this contract must be received by the State within 60 days after the end of the
contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services. The liability of the State, at any time, for such
payments shall be limited to the amount remaining of such encumbered funds.
2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the
discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered
from the Local Agency by deduction from subsequent payment under this contract or other contracts
between the State and Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by
the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State’s
election.
Section 6. Option Letter Modification
An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted
funds, increase or decrease the encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase
to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be
deemed valid until signed by the State Controller or an authorized delegate.
A. Option to begin a phase and/or increase or decrease the encumbrance amount.
The State may authorize the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or
Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with
the total budgeted funds as shown on Exhibit C remaining the same. The State may increase or decrease the
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encumbrance amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the original
Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.).
The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30)
days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the
State exercises this option, the Agreement will be considered to include this option provision.
B. Option to transfer funds from one phase to another phase.
The State may permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental,
Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match.
The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-
1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The
funds transferred from one phase to another are subject to the same terms and conditions stated in the original
Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by
providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start
date of the phase, in a form substantially equivalent to Exhibit D.
C. Option to do both Options A and B.
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and encumber and transfer
funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and
attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the
same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same.
The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within
thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit
D.
Section 7. State and Local Agency Commitments
The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to
either the Local Agency or the State. The “Responsible Party” referred to in this contract means the Responsible
Party as identified in the Scope of Work in Exhibit A.
A. Design [if applicable]
1. If the Work includes preliminary design or final design (the “Construction Plans”), or design work sheets,
or special provisions and estimates (collectively referred to as the “Plans”), the responsible party shall
comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the Work.
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials (AASHTO) manual or other
standard, such as the Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge Construction or Local Agency
specifications if approved by CDOT.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties. The Plans shall be considered final when approved and
accepted by the parties hereto, and when final they shall be deemed incorporated herein.
2. If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document “ADA Accessibility
Requirements in CDOT Transportation Projects”.
b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that
are directed by the State to comply with State requirements.
c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be
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done by a consultant, that consultant contract (and the performance/provision of the Plans under the
contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures
implementing those requirements as provided by the State. If the Local Agency does enter into a
contract with a consultant for the Work:
(1) it shall submit a certification that procurement of any design consultant contract complied with the
requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or
deny such procurement. If denied, the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such
changes in the contract shall be by written supplement agreement. As soon as the contract with
the consultant has been awarded by the Local Agency, one copy of the executed contract shall be
submitted to the State. Any amendments to such contract shall also be submitted.
(3) it shall require that all consultant billings under that contract shall comply with the State’s
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
(4) it (or its consultant) shall use the CDOT procedures described in Exhibit A to administer that
design consultant subcontract, to comply with 23 CFR 172.5(b).
(5) it may expedite any CDOT approval of its procurement process and/or consultant contract by
submitting a letter to CDOT from the certifying Local Agency’s attorney/authorized representative
certifying compliance with 23 CFR 172.5(b).
(6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and
contains the following language verbatim:
(a) “The design work under this contract shall be compatible with the requirements of the
contract between the Local Agency and the State (which is incorporated herein by this
reference) for the design/construction of the project. The State is an intended third party
beneficiary of this contract for that purpose.”
(b) “Upon advertisement of the project work for construction, the consultant shall make available
services as requested by the State to assist the State in the evaluation of construction and the
resolution of construction problems that may arise during the construction of the project.”
(c) “The consultant shall review the construction contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.”
(d) The State, in its discretion, will review construction plans, special provisions and estimates
and will cause the Local Agency to make changes therein that the State determines are
necessary to assure compliance with State requirements.
B. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the construction in accordance with
the approved design plans and/or administer the construction all in accord with the Scope of Work in
Exhibit A. Such administration shall include project inspection and testing; approving sources of
materials; performing required plant and shop inspections; documentation of contract payments, testing and
inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding
for contract modification orders and minor contract revisions; processing contractor claims; construction
supervision; and meeting the Quality Control requirements as described in the Scope of Work in Exhibit A.
2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof
to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions
which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable
weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition
or reason deemed by the State to be in the public interest.
3. If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local
Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the
project in accordance with this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval
by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by
the State.
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(1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for
work on which competitive bids have been received. The Local Agency must declare the
acceptance or rejection within 3 working days after said bids are publicly opened.
(2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability and
appropriation for that purpose, if required to complete the Work under this project if no additional
federal-aid funds will be made available for the project. This paragraph also applies to projects
advertised and awarded by the State.
c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force
account), rather than by a competitive bidding process, the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State specifications and requirements
with 23 CFR 635, Subpart B, Force Account Construction.
(1) Such work will normally be based upon estimated quantities and firm unit prices agreed to
between the Local Agency and the Stat in advance of the Work, as provided for in 23 CFR
635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to
be performed.
(2) An alternative to the above is that the Local Agency may agree to participate in the Work based on
actual costs of labor, equipment rental, materials supplies and supervision necessary to complete
the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance
with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in accordance with the State’s
Standard Specifications for Road and Bridge Construction § 109.04.
(4) All force account work shall have prior approval of the State and shall not be initiated until the
State has issued a written notice to proceed.
C. State’s obligations
1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance
activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or
responsible in any manner for the structural design, details or construction of any major structures that are
designed by or are the responsibility of the Local Agency as identified in the Scope of Work in Exhibit A,
within the Work of this contract.
Section 8. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify
in writing to the State that all right of way has been acquired in accordance with the applicable state and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended (49 CFR Part 24); CDOT’s Right of Way Manual; and CDOT’s Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and
right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation
in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the
State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is
located at http://www.dot.state.co.us/ROW_Manual/.
If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency
shall immediately convey title to such right of way to CDOT after the local agency obtains title.
Section 9. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any
utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the
Responsible Party will certify in writing to the State that all such clearances have been obtained.
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Section 10. Railroads
In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be
accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed with
that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning
federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the
costs of the improvement shall be eligible for federal participation.
B. Obtaining the railroad’s detailed estimate of the cost of the Work.
C. Establishing future maintenance responsibilities for the proposed installation.
D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to
the installation.
Section 11. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and state
environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Section 12. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and
expense during their useful life, in a manner satisfactory to the State. The Local Agency will make proper
provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in
accordance with all applicable statutes, ordinances and regulations which define the Local Agency’s obligations to
maintain such improvements. The State will make periodic inspections of the project to verify that such
improvements are being adequately maintained.
Section 13. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for
a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is
later, or for such further period as may be necessary to resolve any matters which may be pending. The Local
Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized
agents and employees of the State to inspect the project and to inspect, review and audit the project records.
Section 14. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the
project. The State shall effect such termination by giving written notice of termination to the Local Agency and
specifying the effective date thereof, at least twenty (20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper
manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants,
agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for
cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days
opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs
and reports or other material prepared by the Local Agency under this contract shall, at the option of the State,
become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any
services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments
advanced under the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
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payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for
convenience, and the rights and obligations of the parties shall be the same as if the contract had been
terminated for convenience, as described herein.
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly
understands and agrees that all its rights, demands and claims to compensation arising under this contract are
contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not
available to the State, the State may immediately terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s)
executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute
this contract.
Section 16. Representatives and Notice
Each individual identified below is the principal representative of the designating Party. All notices required to be
given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s
principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also
may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate
by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided
herein, all notices shall be effective upon receipt.
If to State If to the Local Agency
CDOT Region: 1 CITY OF ENGLEWOOD
Christopher Beaver Devin Keener
Project Manager Capital Projects Engineer
2829 W. Howard Pl. 1000 Englewood Parkway
Denver, CO 80204 Englewood, CO 80110
303-512-4014 303-762-2501
Section 17. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 18. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing
contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is
the express intention of the State and the Local Agency that any such person or entity, other than the State or the
Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or
other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter
amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of
negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is
controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 20. Severability
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To the extent that this contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the contract, the terms of this contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof.
Section 21. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 22. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 23. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of
this contract and the exhibits and attachments hereto which may require continued performance, compliance or
effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the
State as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of
this contract on the effective date of such change as if fully set forth herein. Except as provided above, no
modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this
contract that is properly executed and approved in accordance with applicable law.
Section 25. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract
which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of
receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written
appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal
proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in
support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with
the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive
Director or his duly authorized representative for the determination of such appeals will be final and conclusive and
serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection
with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
Section 26. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective
Date or at any time thereafter, this §Statewide Contract Management System applies. Contractor agrees to be
governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-
105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance
information in a statewide contract management system.
Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Contractor’s performance shall be part of the normal contract administration process and
Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of
Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of
information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the
specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s
obligations. Such performance information shall be entered into the statewide Contract Management System at
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intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of
the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet
the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel
and Administration (Executive Director), upon request by the Department of Transportation and showing of good
cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the
final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment
protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the
debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.
Section 27. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3).
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract
shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by
the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort
Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-
30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation
and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of
Denver.
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G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the
State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term
included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in
excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as
being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate termination of this
Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s
services and Contractor shall not employ any person having such known interests.
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Section 28. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the
Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
CITY OF ENGLEWOOD
Name: ______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date: _________________________________________
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By___________________________________________
Stephen Harelson, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________________________
2nd Local Agency Signature if needed
Name: ______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date: _________________________________________
STATE OF COLORADO
LEGAL REVIEW
Philip J. Weiser, Attorney General
By___________________________________________
Signature – Assistant Attorney General
Date: _________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until
signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance
until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date: ______________________________________
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Exhibit A - Page 1 of 1
EXHIBIT A
SCOPE OF WORK
Name of Project: Englewood S. Broadway HAWK Beacon: CDOT RMS Funding Award
Project Number: RMS M395-025
Sub-Account #: 25411
The South Broadway HAWK signal project will improve the safety of pedestrians utilizing the
existing midblock crossing located at the 3400 block of South Broadway in Englewood, CO.
Traffic signal, signing, striping, and lighting improvements will include:
• Construction of a HAWK signal
• Removal of the existing RRFBs and poles
• Installation of high visibility, reflective white crosswalk bars in the existing crosswalk
• Removal of up to two on-street parking stalls upstream and downstream of the crossing
in each direction via the installation of striping and no-parking signage
• Tree trimming to make the existing signage more visible as well as improve sight lines
to the curbs where pedestrians will be waiting to cross
• Evaluation of the overhead street lighting to ensure it is not creating a shadow effect for
drivers
A project overview map is provided in Appendix A and a project aerial and photos of the
existing midblock crossing are provided in Appendix B and a detailed engineer’s estimate is
provided in Appendix C.
The City of Englewood and Englewood Downtown Development Authority (EDDA) will also
notify and involve the public to provide education on the HAWK signal and safety
improvements at the midblock crossing.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A constructed under this Agreement at its own cost and expense
during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 217 of 462
EXHIBIT B
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
Exhibit B - Page 1 of 1
Page 218 of 462
State $ LA Work
Exhibit C - Page 1 of 2
EXHIBIT C- FUNDING PROVISIONS
CITY OF ENGLEWOOD - # RMS M395-025 (25411)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $394,394.00, which is to be funded as
follows:
1. FUNDING RMS M395-025 (25411)
a. State Funds
(80% of SB-180 Awarded) $315,515.00
b. Local Agency Funds
(20% of SB-180 Award) $78,879.00
____________________________________________________________________________________
TOTAL FUNDS ALL SOURCES $394,394.00
____________________________________________________________________________________
2. ESTIMATED PAYMENT TO LOCAL AGENCY
a. State Funds Budgeted $315,515.00
b. Less Estimated State Share of CDOT-Incurred Costs $0.00
____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 80% $315,515.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 20% $78,879.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $394,394.00
____________________________________________________________________________________
3. FOR CDOT ENCUMBRANCE PURPOSES
M395-025 (25411)
a. Total Encumbrance Amount (Only State funds are encumbered) $315,515.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
____________________________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $315,515.00 ____________________________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become available after
execution of an Option letter (Exhibit D) or formal Amendment.
____________________________________________________________________________________
WBS Element 25411.10.30 Performance Period Start*/End Date Design 3020 $0.00
N/A
WBS Element 25411.20.10 Performance Period Start*/End Date Const. 3301 $0.00
N/A
____________________________________________________________________________________
*For RMS M395-025 (25411) *The Local Agency should not begin work until both of the following are in
place: 1) the execution of the document encumbering funds for the respective phase; and 2) Local Agency
receipt of the official Notice to Proceed. Any work performed before these two (2) milestones are achieved
will not be reimbursable.
B. Funding Ratios
Project RMS M395-025 (25411)
The funding ratio for the State funds for this Work is 80% State funds to 20% Local Agency funds, and
this ratio applies only to the $394,394.00 that is eligible for State funding. All other costs are borne by the
Local Agency at 100%. If the total cost of performance of the Work exceeds $394,394.00, and additional
State funds are not available, the Local Agency shall pay all such excess costs. If the total cost of
performance of the Work is less than $394,394.00, then the amounts of Local Agency and State funds will
be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of
Work.
C. Maximum Amount Payable
Project RMS M395-025 (25411)
The maximum amount payable to the Local Agency under this Agreement shall be $315,515.00. For CDOT
accounting purposes, the State funds of $315,515.00 will be encumbered, but the Local Agency funds of
Page 219 of 462
Exhibit C - Page 2 of 2
$78,879.00 will NOT be encumbered. The total budget of this project is $394,394.00, unless this amount
is increased by an executed amendment before any increased cost is incurred. The total cost of the Work
is the best estimate available, based on the design data as approved at the time of execution of this
Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. The
maximum amount payable will be reduced without amendment when the actual amount of the Local
Agency’s awarded Agreement is less than the budgeted total of the State funds and the Local Agency funds.
The maximum amount payable will be reduced through the execution of an Option Letter as described in
Section 6 of this contract. This applies to the entire scope of Work.
Page 220 of 462
Exhibit D
SAMPLE OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below AND may
be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option Letter No. Option Letter CMS
Routing # Option Letter
OLA #
Original Contract CMS # Original Contract #
Vendor name:
SUBJECT:
Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or
Railroads) and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall
be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the
option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4,
etc.).
Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be
labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
Option to extend the term of this Agreement.
REQUIRED PROVISIONS:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing # of the original Agreement) between
the State of Colorado, Department of Transportation and (insert the Local Agency’s name here), the State hereby
exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will
be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding
availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous) is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for
this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4,etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS # of the original Agreement) between the
State of Colorado, Department of Transportation and (insert the Local Agency’s name here), the State hereby
exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase
to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so
please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C
2, C-3, C-4, etc.).
Exhibit D - Page 1 of 2
Page 221 of 462
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement) between
the State of Colorado, Department of Transportation and (insert the Local Agency’s name here), the State hereby
exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will
be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds
will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made
part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using
this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C- 4, etc.).
(The following language must be included on options A, B and C):
The total encumbrance as a result of this option and all previous options and/or amendments is now (insert total
encumbrance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to
satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as
referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
Jared S. Polis, Governor
By: Date:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not
valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to
begin performance until such time. If the Local Agency begins performing prior thereto, the State of
Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or
services provided hereunder.
State Controller Robert Jaros, CPA, MBA, JD
By: Date:
Exhibit D - Page 2 of 2
Page 222 of 462
Exhibit E- Page 1 of 1
EXHIBIT E
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
Page 223 of 462
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tim Dodd
DEPARTMENT: City Manager's Office
DATE: March 13, 2023
SUBJECT: 2023 Strategic Plan Updates
DESCRIPTION:
Approval by motion of 2023 updates to the City of Englewood Strategic Plan
RECOMMENDATION:
Staff recommends that Council consider modifications to the City of Englewood Strategic Plan
("strategic plan")
PREVIOUS COUNCIL ACTION:
• January 27, 2020- City Council Vision Session Retreat
• February 10, 2022- Study Session to confirm City Council vision goal
• February 24, 2020- Study Session to review and discuss action plans for each goal
• April and May, 2020- Council and community surveys to set priorities
• June 10, 2020- Council confirmed priorities
• July 20, 2020- Council adopted the City of Englewood 2020-2022 Strategic Plan
• November 23, 2020- First quarterly update (Q3 2020) on the Strategic Plan brought to
Council
• November, 2020- Staff completed the Blueprint for Organizational Success as the
Governance section of the strategic plan
• January 22, 2021- Council Retreat to discuss Strategic Plan
• January 27, 2021- Quarter 4, 2020 Strategic Plan update brought to Council
• March 11, 2021- Modifications made to strategic plan based on discussions at the
Council Retreat
• April 5, 2021- Staff adopts Sustainability Plan as the sustainability section of the
Strategic Plan
• April 14, 2021- Quarter 1, 2021 Strategic Plan update brought to Council
• July 28, 2021- Quarter 2, 2021 Strategic Plan update brought to Council
• October 20, 2021- Quarter 3, 2021 Strategic Plan brought to Council
• December 6, 2021- Study Session on modifications to the Strategic Plan
• December 13, 2021- Council approval, by motion, of a public engagement plan
• January 29, 2022- Annual Council retreat to set priorities as part of the updates to the
Strategic Plan
• February 14, 2022- Study Session to review updated Strategic Plan
• March 31, 2022- Approval of 2022-2025 City of Englewood Strategic Plan
• August 1, 2022- Approval of Quarter 2, 2022 Strategic Plan update brought to Council
• December 12, 2022- Quarter 3, 2022 Strategic Plan update brought to Council
Page 224 of 462
• January 23, 2023- City Council Retreat
SUMMARY:
At the annual City Council Retreat on January 23, 2023, Council Members discussed possible
changes to the strategic plan. Staff took Council direction at the retreat and made modifications
to the strategic plan. Staff requests that Council consider modifications to the strategic plan
based on feedback given by Council at the retreat. Staff is working with a graphic designer to
finalize the draft layout of the strategic plan, when approved by Council, that will also include
2022 data from the National Citizens' Survey.
ANALYSIS:
In January, 2022, Council participated in a retreat to discuss strategic plan goals and priorities
for 2023. At this session, staff proposed several ideas for modification to the strategic plan for
Council consideration:
• Adding a goal focused on senior services to the Community Wellbeing outcome area;
• Adding an affordable housing goal to the Community Wellbeing outcome area;
• Adding additional projects to the existing placemaking goal in the Community Wellbeing
outcome area;
• Adding additional projects to the Economy outcome area;
• Revising the existing CityCenter redevelopment goal in the Community Wellbeing
outcome area;
• Modifying existing projects in the revenue and finance goal in the Governance outcome
area;
• Moving some projects related to water from the Sustainability outcome area to the
Infrastructure and Transportation outcome area, and modifying existing goal language;
• Adding additional projects and modifying the language of the existing transportation
safety goal in the Infrastructure and Transportation outcome area;
• Adding additional projects to the Neighborhoods outcome area;
• Adding additional projects to the Safety outcome area; and
• Reviewing proposed changes to the Sustainability outcome area made by the
Sustainability Commission.
Additionally, in December, 2022 the City's Leadership Team held a retreat and provided data
from prioritization discussions to Council for their 2023 retreat. Based on feedback received by
Council, staff proposes several modifications to the City's strategic plan for 2023. The attached
"2023 strategic plan revisions" document includes all of the proposed strategic plan
modifications staff is recommending to Council. All proposed additions and deletions are
included below.
Community Wellbeing
Placemaking- A collaborative approach to planning, designing, and creative use of public
spaces
• Add a new project- "Develop strategies to incentivize private beautification projects"
• Add a new project in development- "Explore the creation of parklets"
• Add a new key project- "Review regulatory policy and consider requiring new
developments to plant trees, etc."
Page 225 of 462
• Add a new key project- "Partner with the Englewood Downtown Development Authority
(EDDA) on beautification and placemaking"
• Add a new key project- "Develop a budget of funds currently dedicated to placemaking
initiatives and explore additional funding needs and opportunities"
Community-Wide Identity- Fostering a community-wide identity
• Remove completed project "publish city-wide events calendar on the city's website" and
replace with a metric- "% of events published on the city-wide events calendar"
• Add a new project- "Collect data on overall participation in city-wide events"
Affordability- Promote the affordability of Englewood, including a focus on housing affordability
and stabilizing fees
• Replace completed project- "Implement recreation discount program for veterans" with
metric- "# of veterans participating in this program"
New goal- Senior Services- Enhance services and programs for senior citizens focused on
safety and security; reduction of food insecurities; aging in place; and housing
• Add a new project- "Create an Englewood Age Friendly Action Plan"
• Add a new project- "Identify action plan items to implement throughout the year"
• Add a new project- "Provide resource connections and recommended services and
programs for the senior population"
• Add a new project- "Analyze existing programs and identify gaps"
• Add a new project- "Create strategies to improve outreach to seniors across the city"
• Add a new project- "Review programs that were in place at the Malley Center before
COVID-19 that are no longer in place to determine whether they could be brought back"
New goal- Affordable Housing- Explore and implement opportunities to increase affordable
housing opportunities in Englewood
• Add a new project- "Engage the Cities of Sheridan and Littleton in discussions on a Tri-
Cities approach to affordable housing"
• Add a new project- "Develop an affordable housing task force"
• Add a new project in development- "Explore opportunities for funding affordable housing
programs from the State of Colorado, including proposition 123"
Governance
Policies and Procedures: Updated, accessible, and useable policies and procedures
• Change existing key project: "create and deploy a quality records management system"
to a metric "% of the city's records that have been digitized," given that this project has
been complete
Employee Engagement: Develop and sustain programs to engage employees
• Remove two key projects that were completed: "Establish opportunities for staff to
volunteer with other departments" and "Review and revise employee performance forms
and systems"
Revenue and Finances- Varied and sustainable approaches to revenue
• Delete existing metric- "Average # of proposals received per solicitation" and replace
with a project- "Standardize procurement and contract management processes"
• Delete existing project- "Study the impact of COVID-19 on city finances" and replace
with "prepare and maintain five-year forecasting for the general fund"
Page 226 of 462
• Delete existing project- "Explore additional revenue opportunities, including taxes" and
replace with "Partner with outside tax advisory and audit services to identify sales and
use taxes from local, outside, and internet sales"
• Delete existing project- "Explore sponsorships and naming rights for city facilities"
• Add new project- "Ensure financial reporting in compliance with GASB, GAAP, and
federal grant requirements"
Diversity and Inclusion: Integrate diversity and inclusion concepts
• Delete completed project- "Complete the draft development of a Diversity, Equity, and
Inclusion Plan" and replace with "Implement the Diversity, Equity, and Inclusion Plan"
Economy
Business Retention: Develop, implement, and maintain programs designed to retain
businesses in Englewood
• Add new project (from the Economic Development Strategic Plan)- "Amend grant
programs to allow more eligible costs"
• Add new project (from the Economic Development Strategic Plan)- "Host an annual
lender forum on small business and microlending"
Commercial Corridor Vibrancy: Support the vibrancy of commercial districts throughout the city
• Change existing project "Coordinate Small Business Saturday with other entities" to
"Coordinate small business initiatives with the Greater Englewood Chamber of
Commerce, per agreement between the Chamber and the city," to better capture the
partnership between the city and the Chamber"
• Add new project (from the Economic Development Strategic Plan)- "Designate a city
stakeholder representative in the South Broadway Corridor Study"
• Add a new project (from the Economic Development Strategic Plan- "Develop a strategy
to address safety perceptions in commercial corridors"
Business Climate: Ensure a pro-business climate
• Add a new project (from the Economic Development Strategic Plan)- "Optimize the city
Economic Development website"
• Add a new project (from the Economic Development Strategic Plan)- "Develop an
outreach strategy to increase representation in Economic Development Organizations
(EDOs) and participation in economic development programs from historically
underrepresented people"
• Add a new project (from the Economic Development Strategic Plan)- "Amend event and
food truck permitting processes"
• Add a new project (from the Economic Development Strategic Plan)- "Create a process
or communication chain to respond to site selection inquiries and other economic
development leads"
CityCenter Redevelopment
• Remove existing projects
• Add new project (from the Economic Development Strategic Plan)- "Select a new
development partner for CityCenter"
Infrastructure and Transportation
Transportation Safety
Page 227 of 462
• Modify existing goal language to "Through collaboration and thoughtful investment, and
strategic planning, aim for a goal of zero transportation-related fatalities and serious
injuries"
• Add new project- "Institutionalize Vision Zero through the establishment of an internal
committee to review crash data and make recommendations to implement changes"
• Add new project- "Partner with the Englewood Public Schools to develop and share Safe
Routes to School and on transportation safety enhancements"
• Add new project- "Transparently provide the public with information on transportation
safety enhancements, pathways to request signs, markings and signals, and information
on how to make decisions on signs, markings, and signals;
• Add new project- "Perform engineering reviews at traffic fatality and high collision
intersections to identify risk factors"
• Add new project- "Develop and implement infrastructure policies to reduce traffic
fatalities and serious injuries"
• Add new project- "Continue to develop bike and pedestrian-friendly transportation routes
and options that include safety elements"
• Add new project- "Utilize crash and other transportation data to evaluate and promote
safe speeds"
• Add new project- "Create a culture of transportation safety through communications and
marketing campaigns designed to engage and educate community members on ways to
be safe while in transit"
• Add new project- "Review and strengthen traffic safety enforcement policies and
practices"
Water Infrastructure and Rights
• Change to "Drinking Water Infrastructure Resiliency" and move water infrastructure
related projects from the Sustainability outcome area to this outcome area
Neighborhoods
Neighbor to Neighbor Connections- Ensure neighbors are connected to one another
• Delete completed project- "Create a neighborhood grant program" and replace with a
metric- "# of grant applications received each year"
Community Engagement- Engage the community through deliberate engagement and volunteer
opportunities
• Delete completed project- "Establish a formal volunteer management program" and
replace with a metric- "% of Englewood employees participating in the EngleCares
program"
Neighborhood Aesthetics- Ensure community and city events are shared throughout the city
through a variety of methods
• Add new project- "Explore grant and other funding opportunities that focus on
neighborhood beautification"
Communications- Ensure community and city events are shared throughout the city through a
variety of methods
• Delete completed project "Publish four issues of the Citizen Magazine" and replace with
a metric- "% of Englewood Magazines published on time and on budget"
New goal- Neighborhood Equity- Promote, invest in, and celebrate neighborhoods across the
city
Page 228 of 462
• Add new project "Hold a recognition event for the reopening of Baker Park"
• Add a new project "Create a program to recognize and celebrate different areas of the
city"
Safety
New goal- Communications and Community Engagement- Engage the community by actively
providing information on incidents and proactively communicating safety tips and strategies
• Add new project- "Develop new and innovative strategies to communicate information in
incidents in the city"
• Add new project- "Establish specific events and programs to engage the community in
strategies to be safe and reduce crime"
• Add new project- "Hold the Police Citizens' Academy"
• Add new metric- "% of participants at "Coffee with a Cop" and related events
• Add new project- "Develop and implement strategies to expand participation in National
Night Out"
Building and Place Safety- Ensure the safety of public buildings and spaces
• Add new project in development- "Consider CPTED approach for new buildings in the
city"
Policing Policies and Legitimacy- Collect data on and make recommendations related to policing
policies and legitimizing the role of policing
• Add new project- "Develop and implement strategies that focus on officer safety"
Responding to Emergencies- Effectively prepares for and responds to emergencies
• Add new project- "Develop a roster of personnel to lead and staff each section of an
emergency operations center (EOC)
Sustainability
Air Quality- Improve public health outcomes through better air quality
• Add new project- "Distribute communication around proper ventilation near gas stoves"
Built Environment and Infrastructure- Infrastructure designed and maintained in an economic,
equitable, and ecological manner
• Remove existing key project- "Revise demolition permits, including required containment
plans for lead asbestos"
• Remove project and development- "Improve energy efficiency in the building code" and
replace with metric- "Improve energy efficiency in new construction by 9% or better than
the base code"
Community Resilience- A community that can foresee, withstand, adapt to, and recover from
adversity
• Change "Investigate creating a Climate Change Vulnerability Index" from a key project to
a project in development
• Add a new project in development- "Explore cool roof requirements"
Economic Resilience- A local economy that can foresee, withstand, adapt to, and recover from
adversity
• Add new project- "Explore the development, including a regional approach, to creating a
green business program"
Page 229 of 462
• Add a new project- "Provide assistance to local businesses in meeting state mandates,
such as the ban on single use plastic bags and the pending ban on Styrofoam
containers"
Energy- Programs, policies, and initiatives designed to encourage renewable, affordable, and
accessible energy
• Modify existing project in development from "Study and pursue decentralized solar
gardens for city property and low-income households" to "Develop strategies to increase
solar systems serving city properties"
• Modify existing project in development from "Study the feasibility and cost of emission
free heating and water heating for all city-owned properties" to "Study the feasibility and
cost of emission free heating and water heating using heat-pump based systems for all
city-owned properties, including specifically evaluating the new state grant programs for
public properties, as well as new financial incentives available through the Inflation
Reduction Act"
Clean and Connected Transportation- Increased access to multimodal transportation options,
and ensuring most needs are met within a travel distance of 15 minutes
• Add a new project- "Participate in feasibility and detailed planning, involving the public,
for a greenway multimodal path involving Little Dry Creek through the downtown area"
• Add a new project- "Study different options for increasing alternative transportation and
micromobility in areas within Englewood that are lacking amenities such as bus and train
stops to increase connectedness and efficiency"
Water Protection- Protection of water resources, including rivers and streams
• Delete completed project- "Hold annual river and stream cleanup event" and replace
with metric- "% increase of participants in the annual river and stream cleanup event"
• Remove project- "Conduct chemical oxygen demand testing, and properly dispose of
COD test tubes"
• Remove project- "Initiate the construction of the Big Dry Creek Diversity project"
• Add a new project- "Include water sustainability efforts and initiatives as part of the Parks
Master Plan"
• Move "Evaluate opportunities for incorporating water quality improvements in public
infrastructure projects" to Infrastructure and Transportation outcome area
• Move "Identify opportunities for new emergency interconnections with Denver Water" to
Infrastructure and Transportation outcome area
COUNCIL ACTION REQUESTED:
Staff requests that Council consider, for approval by motion, changes to the strategic plan for
2023.
FINANCIAL IMPLICATIONS:
The strategic plan will help inform priorities in the 2024 budget process. At this time, staff is not
requesting additional funding to complete existing or proposed 2023 strategic plan projects.
CONNECTION TO STRATEGIC PLAN:
Approved by Council, the City's strategic plan organizes over 40 goals and hundreds of projects
and performance metrics into seven outcome areas. The strategic plan provides an overall
vision for the City that is implemented through projects and monitored through performance
metrics.
OUTREACH/COMMUNICATIONS:
Page 230 of 462
In late 2021, staff utilized Englewood Engaged to solicit input from the public on strategic
priorities, and the approximately 100 responses were provided to Council in advance of the
January, 2022 Council Retreat. The strategic plan is located on the City's website, and each
quarter staff presents a status update on strategic plan projects, which is also published in the
City's website. In the fall of 2022, the City also began publishing a performance dashboard to
provide data towards performance metrics included in the strategic plpan.
ATTACHMENTS:
Strategic Plan Close Out- 2022 & 2023 Proposed (at the City Council Retreat) Revisions
City of Englewood Strategic Plan 2022-2025 (Before revisions)
Strategic Plan- 2023 revisions
Memo from the Sustainability Commission on possible strategic plan revisions
Staff review of Sustainability Commission recommendations
Page 231 of 462
2022 Strategic Plan
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Community Wellbeing
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6
o
f
4
6
2
Community Wellbeing
•Implement changes to the off-
leash program
•Complete installation of new
carpet and flooring in the public
library
•Apply for the Make a Splash
program
•Design and implement customer
experience/ survey results
•Align with the National
Recreation and Parks Association
initiatives
•Implement free social pass for
Malley Recreation Center
(patrons over 55)
•Offer junior passes and programs
for youth and teens at Broken Tee
•Publish City-wide events
calendar on the City’s website
•Complete the housing needs
assessment
•Implement recreation discount
program for veterans
•Develop a plan for additional
programming for tweens and
teens
•Launch the Englewood History
Nook
•Conduct library outreach to public
schools, preschools, and senior
center
•Implement new child care
programs at the Englewood
Recreation Center
•Implementation of Tri-Cities
Homelessness Plan of Action
•Homelessness Connect Event
•Develop and execute a plan to
bring the Ready to Work program
to the Tri-Cities
Pa
g
e
2
3
7
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Parks and
Recreation
Facilities
Develop a maintenance program for Broken
Tee to protect and sustain course conditions
CARRY OVER TO 2023.
Delayed due to Superintendent
leaving
Parks and
Recreation
Facilities
Complete renovations at Jason, Baker,
Cushing and Centennial Parks
CARRY OVER TO 2023. 95%
complete. Playgrounds will be
installed in February 2023
Parks and
Recreation
Facilities
Implement changes to the off-leash program
per 2021 Ordinance/ Council Bill 49
Fencing installed at Duncan
and Jason Parks
Parks and
Recreation
Facilities
Prepare for a parks/ facilities bond in 2023 CARRY OVER TO 2023.
Designs are being finalized for
improvements to be addressed
as part of the bond
Pa
g
e
2
3
8
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Parks and Recreation
Facilities
Renovation of the Englewood
Recreation Center
CARRY OVER TO 2023. Will
bring mechanical room
installation to City Council on
2/6/23.
Parks and Recreation
Facilities
Complete installation of new carpet and
flooring in public library
Physical and Mental
Health
Apply for the Make a Splash grant
program
Received grant in the amount
of $5,000
Physical and Mental
Health
Design and implement customer
experience/ survey results
Survey has been implemented
Pa
g
e
2
3
9
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Physical and
Mental Health
Align with the National Recreation and
Parks Association initiatives including
equity in parks
Will continue to offer the
program and services in 2023
Physical and
Mental Health
Implement free social pass for Malley
Center Recreation (patrons over 55)
405 social passed received
Physical and
Mental Health
Offer junior passes and programs for
youth and teens at Broken Tee
168 juniors participated in the 1st
Tee Program, and men’s and
women’s leagues raised $5,600
for 1st Tee to help support future
juniors programs
Pa
g
e
2
4
0
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Physical and
Mental Health
Develop a plan for additional
programming for tweens and teens
Will continue in 2023
Lifelong Learning Launch the Englewood History Nook
Lifelong Learning Conduct library outreach to public
schools, preschools, and senior centers
10 outreach events held this
year
Lifelong Learning Expand the offerings of non-traditional
item types in the library’s circulating
collection
CARRY OVER TO 2023
Pa
g
e
2
4
1
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Lifelong Learning Implement new child care programs at the
Englewood Recreation Center
82 children served during a 10-
week full day program
Homelessness
Services and
Mitigation
Implementation of Tri-Cities
Homelessness Plan of Action
Implementation of 2022 items
Homelessness
Services and
Mitigation
Homelessness Connect Event Completed-held in September
Homelessness
Services and
Mitigation
Develop and execute a plan to bring the
Ready to Work program to the Tri-Cities
Placemaking Implement the recommendations of the
Wayfinding and Placemaking Master Plan
CARRY OVER TO 2023.
Secondary gateway signs are
inspected to be installed on
February 23 at 15 locations
Pa
g
e
2
4
2
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Arts and Culture Design and install public art CARRY OVER TO 2023-Will
be completed in 2023
Arts and Culture Identify funds for ongoing maintenance of
public art
CARRY OVER TO 2023-
Cultural Arts Commission is
monitoring art pieces and
implementing maintenance
where needed
Arts and Culture Promote art and history through online and
printed walking, biking, and driving tours
CARRY OVER TO 2023-Will
formalize GIS map and post
on website in 2023
Community-Wide
Identity
Publish City-wide events calendar on the
City’s website
Completed in Quarter 2
Pa
g
e
2
4
3
o
f
4
6
2
Community Wellbeing
Goal Project Status Notes
Community-Wide
Identity
Develop a plan and approach to brand
Englewood as a community
CARRY OVER TO 2023-
Kickoff meeting held and
project goals established.
Marketing plan will be
developed in 2023
Affordability Complete the housing needs assessment
Affordability Implement recreation discount program for
veterans
Completed in Quarter 2
Affordability Assess the affordability of City fees and
program costs
CARRY OVER TO 2023-As
part of the 2023 budget
process
Food System Encourage a grocery store or food co-op in the
South Broadway area to ensure Englewood is
a 15 minute city
CARRY OVER TO 2023-
Conducted an analysis of the
breakpoint between two
existing grocery stores
Pa
g
e
2
4
4
o
f
4
6
2
23 Total Projects:
Governance
Completed Projects:
•Create and deploy a quality records management system
•Establish opportunities for staff to volunteer with other departments
•Review and revise employee performance forms and systems
•Complete the draft development of a Diversity, Equity, and Inclusion Plan
•Establish a holiday lunch
•Establish an annual spirit week
•Establish monetary reward/ spot bonus program
Pa
g
e
2
4
5
o
f
4
6
2
Governance
Goal Project Status Notes
Policies and
Procedures
Create and deploy a quality records
management system
Over 7,000 records digitized
to date
Policies and
Procedures
Develop an approach to engaging frontline
staff in process improvement
CARRY OVER TO 2023-41
employees trained in
process improvement
strategies
Policies and
Procedures
Develop a process to identify policies that are
not accurately defined and educate staff
CARRY OVER TO 2023-
Development of “Policy on
Policies” process. Refining
Policy Committee structure
Employee
Engagement
Establish an orientation which includes tours
for new and existing employees
CARRY OVER TO 2023-
Orientation program revised.
Exploring adding a tour and
other elementsPa
g
e
2
4
6
o
f
4
6
2
Governance
Goal Project Status Notes
Employee
Engagement
Automate workflow for open requisitions and
refine job descriptions
CARRY OVER TO 2023-
Job descriptions were
updated and refinement
will occur as part of the
classification and
compensation plan
Employee
Engagement
Develop a formal classification and compensation
plan
CARRY OVER TO 2023-
On track for a Q1 2023 roll
out
Employee
Engagement
Establish opportunities for staff to volunteer with
other departments
EngleCares volunteer
program developed
Employee
Engagement
Review and revise employee performance forms
and systems
Forms revised to reflect
new organizational valuesPa
g
e
2
4
7
o
f
4
6
2
Governance
Goal Project Status Notes
Internal
Communications
Create a short informational video about each
department
CARRY OVER TO 2023-
Community Development is
being scripted and edited
Staff Training and
Development
Implement social contracts in each working group CARRY OVER TO 2023-
Implementation as part of
Choose People culture work
Tools and
Technology
Develop a technology strategic plan CARRY OVER TO 2023
Safe and Inviting
Workspaces
Develop a strategy to evaluate co-working places CARRY OVER TO 2023-City
Architect hired. Plan in
development to create a
tenant improvement process
Safe and Inviting
Workspaces
Improve at least one break area in City facilities CARRY OVER TO 2023-Part
of planning for potential move
of the Civic Center
Pa
g
e
2
4
8
o
f
4
6
2
Governance
Goal Project Status Notes
Community
Engagement
Create a strategic plan for social media CARRY OVER TO 2023-
Draft created and being
reviewed
Diversity and
Inclusion
Complete the draft development of a Diversity,
Equity, and Inclusion Plan
Final draft has been
completed
Employee
Recognition
Establish a peer to peer recognition program CARRY OVER TO 2023-
Implementing “caught you”
cards for employees to
recognize their colleagues
Employee
Recognition
Establish employee groups and clubs CARRY OVER TO 2023-
Intranet page developed
with descriptions of existing
internal committees. 2023
budget enhancement
request to create employee
club program
Pa
g
e
2
4
9
o
f
4
6
2
Governance
Goal Project Status Notes
Employee
Recognition
Establish a holiday lunch Part of annual employee
recognition event
Employee
Recognition
Establish themed recognition events CARRY OVER TO 2023-
Exploring ideas
Employee
Recognition
Establish annual spirit week
Employee
Recognition
Establish innovation grant program CARRY OVER TO 2023-
Goal of implementing at the
beginning of 2023
Employee
Recognition
Establish monetary reward/ spot bonus program Discretionary bonus program
established in 2021
Recruitment Develop a recruitment plan and strategy CARRY OVER TO 2023-
Began developing
recruitment brochures with
plans to participate in hiring
fairs and events
Pa
g
e
2
5
0
o
f
4
6
2
26 Total Projects:
Infrastructure and Transportation
•Upgrade a minimum of 40 pedestrian ramps per year to work towards ADA guidelines
•Construct prioritized missing sidewalk segments, as funding allows
•Conduct annual pavement maintenance
•Finalize development of comprehensive Capital Improvement Plan
•Complete bonding and grant applications to support water, sewer, and stormwater initiatives
•Close on Water and Infrastructure Finance and Innovation Act (WIFIA) loan
•Identify and implement initial/ quick strike initiatives to improve safety/ awareness
•Complete construction of Acoma Area Phase 2 stormwater sewer improvements
Completed Projects:
Pa
g
e
2
5
1
o
f
4
6
2
Infrastructure and Transportation
Goal Project Status Notes
Reduce the Risk of
Flooding
Complete a city-wide small storm sewer system
cleaning
CARRY OVER TO 2023-
Contract awarded on
December 12th for all
pipes north of US285
Reduce the Risk of
Flooding
Clean and televise a portion of the large storm
water system
CARRY OVER TO 2023-
South trunk lines
completed in 2020
Reduce the Risk of
Flooding
Complete construction of Acoma Area Phase 2
storm sewer improvements
Reduce the Risk of
Flooding
Begin construction of the South Englewood
Storm Sewer Outfall project
CARRY OVER TO 2023-
FEMA grant application
response expected by
the end of January 2023
Sewer Infrastructure Implement the South Platte Renew (SPR)
strategic plan
Pa
g
e
2
5
2
o
f
4
6
2
Infrastructure and Transportation
Goal Project Status Notes
Transportation
Infrastructure
Construct the Dartmouth Bridge Widening
Project
CARRY OVER TO 2023-
Construction expected to begin
in Q1, 2023
Transportation
Infrastructure
Begin construction on US 285/ Broadway
interchange
CARRY OVER TO 2023-CDOT
not able to contribute additional
funding at this time
Transportation
Infrastructure
Construction of the Oxford Pedestrian Bridge CARRY OVER TO 2023-
Additional impact fee funding to
be acquired from new
residential development
Transportation
Infrastructure
US 285 Congestion Mitigation Study CARRY OVER TO 2023-Study
on track to be completed by the
end of Q1 2023Pa
g
e
2
5
3
o
f
4
6
2
Infrastructure and Transportation
Goal Project Status Notes
Transportation
Infrastructure
Upgrade a minimum of 40 pedestrian
ramps per year to work towards ADA
guidelines
93 new pedestrian ramps
installed in 2022 at corners
where no ramps previously
existed
Transportation
Infrastructure
Construct prioritized missing sidewalk
segments, as funding allows
Zuni sidewalk segment
constructed
Transportation
Infrastructure
Conduct annual pavement maintenance 30 blocks were re-paved, 25
blocks were slurry sealed and
101 blocks were crack sealed
Sustainable
Infrastructure
Funding
Finalize development of comprehensive
Capital Improvement Plan
Council approved the
balanced 2023 budget
unanimously in October 2022Pa
g
e
2
5
4
o
f
4
6
2
Infrastructure and Transportation
Goal Project Status Notes
Sustainable
Infrastructure
Funding
Dissolve the Englewood Environmental
Foundation (EEF) and pay off debt
CARRY OVER TO 2023-
Environmental study is
being conducted.
Sustainable
Infrastructure
Funding
Complete bonding and grant applications
to support water, sewer, and stormwater
initiatives
Sustainable
Infrastructure
Funding
Close on Water and Infrastructure Finance
and Innovation Act (WIFIA) loan
Pa
g
e
2
5
5
o
f
4
6
2
Infrastructure and Transportation
Goal Project Status Notes
Effectively Manage
Assets
Complete asset inventory of three assets CARRY OVER TO 2023-Data
uploaded into GIS
Multi-Modal
Transportation
Require green buffers between the street
and the sidewalk for safety
CARRY OVER TO 2023-Part
of Code Next update
Multi-Modal
Transportation
Finalize and implement scooter pilot
program
CARRY OVER TO 2023-On
hold due to staffing
Multi-Modal
Transportation
Implement components of Walk and Wheel
Plan
CARRY OVER TO 2023-Grant
received to install bike lanes on
Sherman between US285 and
Belleview Avenue
Multi-Modal
Transportation
Provide wayfinding and placemaking
elements such as creative crosswalks in
commercial areas
CARRY OVER TO 2023
Pa
g
e
2
5
6
o
f
4
6
2
Infrastructure and Transportation
Goal Project Status Notes
Transportation
Safety
Review dangerous intersections as part of
the Englewood Transportation Advisory
Committee (ETAC)
CARRY OVER TO 2023-Dartmouth
at Clarkson and Downing were
identified as having high crash
rates. Grant received to convert
intersections to mini-roundabouts
Transportation
Safety
Complete Walkability Maps for three
schools
CARRY OVER TO 2023-Grant
application response expected in Q1
2023
Transportation
Safety
Identify and implement initial/ quick strike
initiatives to improve safety/ awareness
All crosswalks restriped in 2021.
Transportation
Safety
Work towards completion of the
Neighborhood Traffic Calming program
CARRY OVER TO 2023-Programs
from other cities are being evaluated
for potential adoption for Englewood
in 2023
Water Infrastructure
and Rights
Develop and implement a plan to replace
lead piping
CARRY OVER TO 2023-RFP for
program management released
Pa
g
e
2
5
7
o
f
4
6
2
Economy
Eight Total Projects::One Completed Project:
•Complete Economic
Development Strategic
Plan
•Coordinate small
business initiatives with
the Greater Englewood
Chamber of Commerce,
per agreement
Pa
g
e
2
5
8
o
f
4
6
2
Economy
Goal Project Status Notes
Commercial
Corridor Vibrancy
Continue to support the implementation and
development of the Downtown
Development Authority (DDA)
CARRY OVER TO 2023 but
modify from “implementation”
to “support projects and
initiatives”
Commercial
Corridor Vibrancy
Coordinate small business initiatives with
the Greater Englewood Chamber of
Commerce, per agreement
Council resolution approved
Business Climate Review and move towards adoption of the
2022 Unified Development Code (Title 16)
CARRY OVER TO 2023-
Council Study Sessions
conducted in Quarter 4
Business Climate Complete Economic Development Strategic
Plan
Plan approved by Council
Pa
g
e
2
5
9
o
f
4
6
2
Economy
Goal Project Status Notes
CityCenter
Redevelopment
Master Development Agreement for
redevelopment of CityCenter
Delayed and on hold
CityCenter
Redevelopment
Facilitate the sale/transfer of LNR controlled
properties by the end of the third quarter
Delayed and on hold
CityCenter
Redevelopment
If a hotel is not feasible at CityCenter, explore
alternate locations in the central portion of
the City
Delayed and on hold
Job Training and
Workforce
Development
Continue and monitor existing job training
programs
AD Works grant program may
be a source for Englewood
Pa
g
e
2
6
0
o
f
4
6
2
Completed Projects:
•Finalize and publicize new neighborhood map
•Create neighborhood grant program
•Establish a formal volunteer management program
•Create a strategic plan for social media
•Publish four issues of the Citizen Magazine
Neighborhoods
Seven Total Projects::
Pa
g
e
2
6
1
o
f
4
6
2
Neighborhoods
Goal Project Status Notes
Neighbor to Neighbor
Connections
Finalize and publicize new neighborhood
map
Approved by Council;
Completed in Quarter 2
Neighbor to Neighbor
Connections
Implement neighborhood signage program CARRY OVER TO 2023-
Working with the Forrest Hill
neighborhood to determine
sign location
Neighbor to Neighbor
Connections
Create a strategic communications plan for
neighborhood resources
CARRY OVER TO 2023-Will
be finished in the first quarter
of 2023
Neighbor to Neighbor
Connections
Create neighborhood grant program Ongoing get to know your
neighbor grants and cyclical
neighborhood improvement
grants; Completed in Quarter 2Pa
g
e
2
6
2
o
f
4
6
2
Neighborhoods
Goal Project Status Notes
Community
Engagement
Establish a formal volunteer management
program
Communication Create a strategic plan for social media
Communication Publish four issues of the Citizen Magazine
Pa
g
e
2
6
3
o
f
4
6
2
Seven Projects:
Safety
Completed Projects:
•Hiring of community relations/crime prevention coordinator
•Provide robust training and development program for officers to be exposed to innovations in policing
•Create protocols to work with the dispatch center to divert mental health calls to crisis team
•Develop and implement emergency management training program
Pa
g
e
2
6
4
o
f
4
6
2
Safety
Goal Project Status Notes
Innovate in Policing Hiring of community relations/ crime prevention
coordinator
Completed. Events held
throughout the year
Innovate in Policing Provide robust training and development for
officers to be exposed to innovations in policing
Established on-going in-
service training program
dedicated to innovations in
policing
Innovate in Policing Create protocols to work with the dispatch center
to divert mental health calls to crisis team
Implemented. Three calls
have been diverted with
positive results as of mid-
June
Building and Place
Safety
Implement the recommendations of the Crime
Prevention through Environmental Design
(CPTED) audit with available funding and staffing
resources
CARRY OVER TO 2023
Pa
g
e
2
6
5
o
f
4
6
2
Safety
Goal Project Status Notes
Public Safety
Services
Apply for and receive re-accreditation through
the Colorado Association of chief of Police
CARRY OVER TO 2023-
Application submitted for
review. Fees have been
paid and awaiting
inspection notification
Policing Policies and
Legitimacy
Collect data on and make recommendations
related to policing and legitimizing the role of
policing
CARRY OVER TO 2023-
Formatting of report is
complete. Data not
available until Q1 of 2023
Responding to
Emergencies
Develop and implement emergency
management training program
Implemented through
contract with Arapahoe
County
Pa
g
e
2
6
6
o
f
4
6
2
Total Projects:
Sustainability
•Pursue SolSmart designation
•Continue to develop and improve the E3 program
•Utilize organic fertilizers on athletic fields
•Continue program to provide electronic golf carts to golfers at Broken Tee
•Conduct employee commuter survey around how City employees travel to and from work
•Hold annual river and stream cleanup event
•Complete softening evaluation
•Monitor air quality through
regional partners and use of
technology
•Measure, track, and publicize
the City’s greenhouse gas
emissions inventory
•Place air quality health
information on the
Englewood.gov website in both
English and Spanish
•Develop a comprehensive asset
management program
•Create neighborhood grant
programs
Completed Projects:
Pa
g
e
2
6
7
o
f
4
6
2
Sustainability
Goal Project Status Notes
Air Quality Monitor air quality through regional partners and
use of technology
Participating in regional
Love My Air program
Air Quality Measure, track, and publicize the city’s
greenhouse gas emissions inventory
Air Quality Place air quality health information on the
Englewood.gov website in both English and
Spanish
Air Quality Increase education and outreach around how to
stay safe during bad air quality days
CARRY OVER TO 2023
Built Environment
and Infrastructure
Develop and implement comprehensive Capital
Improvement Plan (CIP)
CARRY OVER TO 2023-
Five year CIP policy in
development
Built Environment
and Infrastructure
Develop a comprehensive asset management
program
Pa
g
e
2
6
8
o
f
4
6
2
Sustainability
Goal Project Status Notes
Built Environment
and Infrastructure
Investigate EV-ready, PV-ready, and electric-
ready wiring amendments as part of Energy
Conservation Code
CARRY OVER TO 2023
Built Environment
and Infrastructure
Measure, track, and reduce carbon emissions
from city-owned, residential and commercial
Built Environment
and Infrastructure
Revise demolition permits, including required
containment plans for lead and asbestos
Revision process in
progress
Built Environment
and Infrastructure
Assist homeowners with the removal of lead
pipes and lead paint
Investigating grants and
funding to provide a
program to homeowners
Community
Resilience
Create neighborhood grant programs to promote
beautification, service projects, neighborhood
identification, events, etc.
Program established
Pa
g
e
2
6
9
o
f
4
6
2
Sustainability
Goal Project Status Notes
Community
Resilience
Increase climate change mitigation and adaptation
strategies and projects, especially in areas with the
highest climate change vulnerability risk
CARRY OVER TO 2023-
Coordinating with the
State for a resiliency
workshop
Community
Resilience
Investigate creating a Climate Change Vulnerability
Index
Investigation in progress
Community
Resilience
Help with education and financing for turf replacement
with low-water landscaping, in alignment with the
introduced bill HB22-1151 around a turf replacement
program
Currently studying what
would be needed to apply
for the grant program
which launches in 2024
Energy Work with the Colorado Energy Office to conduct an
Energy Performance Audit on major city facilities
CARRY OVER TO 2023-
In progress
Energy Continue to provide grants to low and moderate
income households
Energy Supplement micro turbine project CARRY OVER TO 2023
Pa
g
e
2
7
0
o
f
4
6
2
Sustainability
Goal Project Status Notes
Energy Create energy efficiency outreach and education
plan/ strategy around reaching low income areas
CARRY OVER TO 2023
Energy Pursue SolSmart designation Submitted application
Energy Continue to develop and improve the E3 program
Natural
Environment
Limit the use of pesticides in parks and open
spaces
CARRY OVER TO 2023-
Current practice is
spraying only as needed
Natural
Environment
Utilize organic fertilizers on athletic fields, increase
the use of organic fertilizer by 20% over the next
five years
Organic fertilizers
currently being used
Natural
Environment
Conversion of nearly six acres at Broken Tee Golf
Course from maintained turf to native grass areas
as well as in certain parks
CARRY OVER TO 2023-
90% complete and will
finish in 2023
Pa
g
e
2
7
1
o
f
4
6
2
Sustainability
Goal Project Status Notes
Natural Environment Develop a plan to increase tree canopy on
city-owned and private property
CARRY OVER TO 2023-
Implementation of annual tree
sales in conjunction with Arbor
Day. Considering additional sale
in the fall. 90% complete
Natural Environment Conduct inventory of where turf and asphalt
can be replaced with native plants
CARRY OVER TO 2023-Review
will occur as part of the parks
master plan update
Clean and
Connected
Transportation
Continue program, begun in 2010, to provide
electronic golf carts to golfers at Broken Tee
All carts are electronic, and a plan
is in place to continue electric
purchases
Clean and
Connected
Transportation
Conduct employee commuter survey around
how city employees travel to and from work
Survey completed. Investigating
ways to encourage green
commuting based on survey dataPa
g
e
2
7
2
o
f
4
6
2
Sustainability
Goal Project Status Notes
Waste and Recycling Implement a recycling program at all City
facilities, tracking tonnage collected
CARRY OVER TO 2023-
Waste and Recycling Provide electronic and hazardous waste
recycling
CARRY OVER TO 2023-
Held in September, 2022
and will be held again in
2023
Waste and Recycling Increase public education and outreach around
waste reduction
CARRY OVER TO 2023-
Planning strategy with
Sustainability Commission
Water Protection Implement park irrigation system repair and
replacement
CARRY OVER TO 2023-
Occurring where feasible
Water Protection Replace/ repair irrigation systems in parks CARRY OVER TO 2023-
Purchasing new irrigation
timers to improve efficiency
Water Protection Hold annual river and stream cleanup event Completed
Pa
g
e
2
7
3
o
f
4
6
2
Sustainability
Goal Project Status Notes
Water Protection Complete construction of Big Dry Creek
Diversion project
CARRY OVER TO 2023-
Construction scheduled for the
fall of 2023
Water Protection Complete softening evaluation
Water Protection Implement water conservation program CARRY OVER TO 2023-
Currently being reviewed and
discussed
Water Protection Undertake a water usage analysis of City
facilities
CARRY OVER TO 2023-
Review of filtration for drinking
water
Water Protection Install meters to eliminate flat rate accounts CARRY OVER TO 2023-
Developing an approach to
understanding the role of the
City and the role of the
community
Pa
g
e
2
7
4
o
f
4
6
2
Sustainability
Goal Project Status Notes
Water Protection Implement a phased repair and replacement
schedule outlined in the master plan
CARRY OVER TO 2023-Part of
approach to determining how
repairs when and should be made
Water Protection Complete Allen Water Treatment Plant capital
improvements
CARRY OVER TO 2023-$2.5
million targeted electrical upgrades
Water Protection Initiate the construction of the Big Dry Creek
Diversion Project
CARRY OVER TO 2023-
Progressing with scheduled delays
due to design consultant
Water Protection Complete waterline replacement CARRY OVER TO 2023-Council
approved first contract for $1.1
million and work is underway
Water Protection Fully implement new Utility Billing Software CARRY OVER TO 2023
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Transformative Themes
•Tied for #1:
-Access to services and information
-Reduce crime
•Tied for #2:
-Beautification is a priority
-Known as the place to live and work in the Denver area
-Redeveloped and vibrant downtown district
2023 Leadership Team Retreat
Resident Goals
•#1-Crime is reduced
•#2-Homelessness addressed and reduced
•#3-Beautification enhancements
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Employee Goals
•#1-Top performers are retained with competitive salaries
•Tied for #2:
-Enhanced employee gathering spaces
-Standard of excellence is high
-Mental health is a priority
-Staff are valued as professional and competent
Leadership Team Retreat
Business and Industry Goals
•Tie for #1:
-Businesses are accessible
-Englewood is the most responsive and business
•#2-Infrastructure investments pay dividends in economic
•Tie for #3-
-Transportation systems are well-maintained and easy to access
-City policies and processes remove
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Leadership Team Retreat
Plans, Policies, and Procedure Goals
•#1: Staff and residents understand the “why”
•#2-Email retention policy
Revenue Generation Goals
•#1-Audit all fees (consultant)
•#2-Passport acceptance facility
Expense Stabilization and Reduction Goals
•Tie for #1-
-Driving citizens to online portal for payments
-Eliminating services/programs that have minimal impact
•#2-Evaluating positions with rigor
Productivity Goals
•#1-Training/ training how-to videos
•#2-Spark joy in the workplace by hiring and retaining top-tier employees
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Proposed Strategic Plan Modifications
Outcome Area Goal Proposal Question
Community
Wellbeing
Senior Services New goal Should a goal focused on senior services be
added to the Community Wellbeing outcome
area of the strategic plan?
Community
Wellbeing
Affordability
(Affordable
Housing)
New goal, or
additional projects
Should an additional goal focused on
affordable housing be added to the
Community Wellbeing outcome area of the
Strategic Plan, or should additional housing
projects be added under the existing
affordability goal?
Community
Wellbeing
Placemaking Additional
projects
Should additional projects be added to the
Community Wellbeing outcome area of the
strategic plan (under the existing
Placemaking goal), including those focused
on wayfinding and beautification? Pa
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Proposed Strategic Plan Modifications
Outcome Area Goal Proposal Question
Economy Business Climate
(and possibly
others)
Additional goals
and projects
Should major goal areas of the Economic
Development Strategic Plan be incorporated
into the Economy outcome area (and
primarily the Business Climate goal) of the
City’s strategic plan?
Economy CityCenter
Redevelopment
Begin the process
of reimagining
and redeveloping
this section of the
strategic plan
What did you favor about the prior concept
plan, and what did you not favor?
Governance Revenue and
Finance
Modifications to
existing projects
Should projects in the Governance outcome
area of the Strategic Plan be modified?
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Proposed Strategic Plan Modifications
Outcome Area Goal Proposal Question
Infrastructure and
Transportation
Drinking Water
Infrastructure
Resiliency
Replace existing
“Water
Infrastructure and
Rights” goal
Should the existing “Water Infrastructure and
Rights” goal be replaced with a “Drinking
Water Infrastructure Resiliency” goal, and
should certain projects currently in the
Sustainability outcome area be moved to this
new goal area?
Infrastructure and
Transportation
Vision Zero Replace existing
“Transportation
Safety” goal with
a “Vision Zero”
goal
Should the existing Transportation Safety
goal be replaced with Vision Zero, a goal to
collaborate and strategize to have zero
transportation-related fatalities and serious
injuries?
Neighborhoods All Consideration of
additional goals/
projects
Only two 2022 projects remain in this
outcome area. Should additional projects be
added to existing goals, and/or should
additional goals be added?
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Proposed Strategic Plan Modifications
Outcome Goals Proposal Question
Safety All Consideration of
additional goals/
projects
Only three 2022 projects remain in this
outcome area. Should additional projects be
added to existing goals, and/or should
additional goals be added?
Sustainability All Consideration of
modifications
suggested by the
Sustainability
Commission
Should specific modifications be made to the
Sustainability outcome area of the strategic
plan?
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Proposal:Create an Englewood Age Friendly Action Plan by
collaborating with the Partnership for Age Friendly
Communities (PAFC) hub (Age Friendly Initiative), in order to
identify age related issues in the city, create senior access
points, publicize current programs and opportunities, and
identify service gaps and identify action plan items
Proposed by:Christina Underhill, Director of Parks, Recreation Library and
Golf
Why:To identify opportunities for “Aging in Place” and address
gaps in service
Question:Should a goal focused on senior services be added to
the Community Wellbeing outcome area of the strategic
plan?
Community Wellbeing-Senior Services Goal
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Community Wellbeing-Senior Services
Goal Projects
Enhance services and programs for
senior citizens focused on safety
and security; reduction of food
insecurities; aging in place; and
housing.
Create an Englewood Age Friendly
Action Plan
Identify action plan items to
implement throughout the year
Provide resource connections and
recommend services and programs
for the senior population
Analyze existing programs and
identify gapsPa
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Proposal:Establish additional projects under the existing affordability
goal related to affordability of housing
Proposed by:Shawn Lewis, City Manager
Why:With additional funding available from the State of Colorado
and other area cities (such as Littleton) developing programs,
staff recommends that Council consider whether the City
should add additional projects under the Affordability goal
related to housing, or develop a new housing affordability
goal
Question:Should an additional goal focused on affordable housing
be added to the Community Wellbeing outcome area of
the strategic plan, or should additional housing projects
be added under the existing affordability goal?
Community Wellbeing-Affordable Housing
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Community Wellbeing-Affordable Housing Goal
Existing Goal Existing Projects Project Status
Affordability
Complete the housing
needs assessment
Completed
Implement recreation
discount program for
veterans
Completed
Assess the affordability
of City fees and
program costs
In progress-As part of
the 2024 budget
process
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Proposal:Addition of projects related to placemaking and beautification
across the City
Proposed by:Shawn Lewis, City Manager
Why:With an additional focus on beautification, wayfinding, and
overall placemaking, staff requests that Council consider the
addition of additional projects under the existing Placemaking
goal
Question:Should additional projects be added to the Community
Wellbeing outcome area of the strategic plan (under the
existing Placemaking goal), including those focused on
wayfinding and beautification?
Community Wellbeing-Placemaking
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Community Wellbeing-Placemaking Projects
Existing Goal Existing Project
Placemaking Implement the
recommendations of the
Wayfinding and
Placemaking Master Plan
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Proposal:Add components of the Economic Development Strategic
Plan into the Business Retention goal (Economy area) of the
City’s strategic plan
Proposed by:Brad Power, Director of Community Development
Why:The Strategic Plan Serves as the Ten-Year Vision for the
City’s Economic Development Program which would
enhance the existing Business Retention goal area in the
City’s strategic plan
Question:Should major goal areas of the Economic Development
Strategic Plan be incorporated into the Economy
outcome area (and primarily the Business Retention
goal) of the City’s strategic plan?
Economy-Business Climate Goal
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Major Goals From the Strategic Plan:
•Englewood businesses are known inside and outside of Englewood
•Build and sustain a diverse economy by accommodating economic base jobs and retaining existing businesses Provide people and businesses with access to capital needed to start or expand businesses
•Increase representation by people of color and other historically underserved groups in business ownership, economic development programs and EDOs
•Englewood will leverage its remaining development and redevelopment opportunities for maximum economic and social impact
•Workers of all pay and skill levels can live and work in Englewood
Economy-Business Climate Goal
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Specific Two Year Strategic Plan Implementation Actions:
•Optimize the City Economic Development Website
•Amend Grant Programs to Allow More Eligible Costs
•Amend Event and Food Truck Permitting
•Host an Annual Lender Forum on Small Business and Microlending
•Develop an Outreach Strategy to Increase Representation in EDOs and Participation in Economic Development Programs From Historically Underrepresented People
•Develop a Strategy to Address Safety Perceptions in Commercial Districts
•Select a New Development Partner for CityCenter
•Create a Communication Process to Respond to Site Selection Inquiries and Other Economic Development Leads
Economy-Business Climate Goal
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Economy-Business Climate Goal
Existing
Goal
Existing Projects Project Status
Business
Climate
Review and move towards adoption of
the 2022 Unified Development Code
(Title 16)
In progress
Complete Economic Development
Strategic Plan
Completed
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Preparation for City Council/EDDA/LNR Joint Planning Session 2/11/23
•What did you favor about the prior concept plan, and what did you not favor?
•Discussion Facilitated by Bill Vitek and Ryan Sotirakis of Dig Studio
Economy-CityCenter Redevelopment Goal
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Proposal:Modifications of projects in the Governance outcome area of
the strategic plan
Proposed by:Jackie Loh, Finance Director
Why:To update projects in the Governance outcome area to match
the City’s current finances and future financial goals
Question:Should projects in the Governance outcome area of the
strategic Plan be modified?
Governance-Revenue and Finances
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Governance-Revenue and Finances
Goal Existing Project Proposed Change Purpose
Revenue and
Finances
Study the impact of
COVID-19 on City
finances (Project in
development)
Prepare and
maintain five-year
forecasting for the
General Fund
Foster financial stewardship by creating
transparent and sustainable operating budgets
Revenue and
Finances
Explore additional
revenue opportunities,
including taxes (Project in
development)
Partner with outside
tax advisory and
audit service to
identify sales and
use taxes from local,
outside, and internet
sales
Optimize and diversify revenue sources through
fees and taxes
Revenue and
Finances
Explore sponsorships
and naming rights for City
facilities (Project in
development)
Consider elimination This item could be studied in more detail as
naming rights for the City’s facilities may not
yield additional revenuePa
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Governance-Revenue and Finances
Goal Existing Project Proposed Change Purpose
Infrastructure
and
Transportation
Ensure 80% of
capital projects
completed within
project budget
Formalize a five-year Capital
Improvement Plan (CIP)
policy, including a plan for
delayed projects
Define, review, and prioritize long-term citywide
capital improvement plan including financing
alternatives
Governance Measure the
number of
proposals
received per
solicitation
Standardize procurement
and contract management
processes
Implement strategic procurement with
departments by seeking economies of scale and
contract negotiation
Governance New Ensure financial reporting in
compliance with GASB,
GAAP, and federal grant
requirements
Ensure citywide financial fiduciary responsibility
GASB: Governmental Accounting Standards Board
GAAP: Generally Accepted Accounting Principles
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Proposal:Establish a new goal focused on water infrastructure, and
move water infrastructure-related projects from Sustainability
to Infrastructure and Transportation
Proposed by:Pieter Van Ry, Director of Utilities and South Platte Renew
Why:Several water related goals and projects are infrastructure
based and funded through federal infrastructure funding
sources and the City’s current utility rate and fee structure.
Moving these goals more closely aligns with the focus of
efforts.
Infrastructure & Transportation-Water
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Water Sustainability
Goal Projects Moved from
Sustainability or New
9. “Water
Conservation”
Replaces
“Water Protection”
Implement Adopted
2022 Water Efficiency
Plan projects and
programs as outlined.
Remains under
Sustainability
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Water Infrastructure
Goal Projects Moved from
Sustainability or
New
8. “Drinking Water
Infrastructure
Resiliency”
Replaces
“Water
Infrastructure and
Rights”
Move all remaining elements of Sustainability
goal “#9. Water Protection” to revised goal
#8. Drinking Water Infrastructure Resiliency
under Infrastructure and Transportation and
combine with existing goal #8 elements.
Infrastructure and
Transportation
Add: City Ditch Piping Project Infrastructure and
Transportation
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Proposal:Reimagine existing transportation safety goal around vision
zero strategies and programs
Proposed by:Tim Dodd, Deputy City Manager; Victor Rachael, Public
Works Director
Why:To develop strategies and techniques to reduce the number
of transportation-related serious injuries and fatalities in the
City
Infrastructure & Transportation-Vision Zero
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Infrastructure & Transportation-Vision Zero
Existing GoalProposed Goal Existing GoalProposed Goal
Existing Goal Existing Projects
Transportation Safety
Review dangerous intersections as part of the
Englewood Transportation Advisory Committee
(ETAC)
Complete Walkability Maps for three schools
Identify and implement initial/ quick strike initiatives
to improve safety and awareness
Work towards completion of the Neighborhood
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Proposed Projects
Infrastructure & Transportation-Vision Zero
Proposed Goal Proposed Projects
Through
collaboration,
thoughtful
investment, and
strategic planning,
aim for a goal of
zero transportation-
related fatalities and
serious injuries
Institutionalize Vision Zero through the establishment of an internal committee (Public
Works and Police Departments) to review crash data and make decisions and
recommendations to implement changes
Partner with Englewood Public Schools to develop and share Safe Routes to School
and on transportation safety enhancements
Transparently provide the public with information on transportation safety
enhancements, pathways to request signs, markings, and signals; and information on
how decisions on signs, markings, and signals are made
Perform engineering reviews at traffic fatality and high collision intersections to identify
risk factors
Develop and implement infrastructure policies to reduce traffic fatalities and serious
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Infrastructure & Transportation-Vision Zero
Proposed Goal Proposed Projects
Through
collaboration,
thoughtful
investment, and
strategic planning,
aim for a goal of
zero transportation-
related fatalities and
serious injuries
Develop and implement infrastructure policies to reduce transportation-related fatalities
and serious injuries
Continue to develop bike and pedestrian-friendly transportation routes and options that
include safety elements
Utilize crash and other transportation data to evaluate and promote safe speeds
Create a culture of transportation safety through communications and marketing
campaigns designed to engage and educate community members on ways to be safe
while in transit
Review and strengthen traffic safety enforcement policies and practices
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Proposal:Consideration of additional goals and projects in the
Neighborhoods outcome area
Proposed by:Chris Harguth, Communications Director
Why:Only two projects in this outcome area from 2022 have not
been completed. Additional projects and goals would ensure
a renewed focus on this outcome area
Question:Should additional goals and projects be added to the
Neighborhoods outcome area?
Neighborhoods-Additional Projects
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Neighborhoods-Additional Projects
Existing Goals Existing Projects (Not Completed)
Neighbor to Neighbor
Connections
Implement neighborhood signage program
Create a strategic communications plan for
neighborhood resources
Community Engagement Staff completed the one 2022 project in this goal
area
Communication Staff completed the two existing 2022 projects in this
goal area
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Proposal:Consideration of additional goals and projects in the
Safety outcome area
Proposed by:Sam Watson, Police Chief
Why:Only three projects in this outcome area from 2022 have not
been completed. Additional projects and goals would ensure
a renewed focus on this outcome area
Question:Should additional goals and projects be added to the
Safety outcome area?
Safety-Additional Projects
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Safety-Additional Projects
Existing Goals Existing Projects (Not Completed)
Innovate in Policing Staff completed all three 2022 projects under this goal
area
Building and Place Safety Implement the recommendations of the Crime
Prevention through Environmental Design (CPTED)
audit with available funding and staffing resources
Public Safety Services Apply for and receive re-accreditation through the
Colorado Association of Chiefs of Police
Policing Policies and
Legitimacy
Collect data on and make recommendations related to
policing and legitimizing the role of policing
Responding to Emergencies Staff completed the one 2022 project under this goal
area
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Proposal:Refinements to the Sustainability outcome area
Proposed by:Sustainability Commission
Why:The Sustainability Commission requests that Council
consider modifications to the Sustainability outcome area of
the strategic plan now that the City has had a sustainability
program for over a year.
Question:Should specific modifications be made to the
Sustainability outcome area of the strategic plan?
Sustainability-Refinements
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Sustainability Refinements
Goal Projects
Built
Environment
and
Infrastructure
Move projects that relate more to Energy to the Energy goal area
Change “improve energy efficiency in the building code” to “improve
energy efficiency in new construction 10% better than the base code
Remove “explore reducing wait list for residential E3 program by
supplementing CDBG funds with General Fund dollars to the extent
allowed by federal guidelines” as it is duplicative of a similar project
in the Energy goal area
Community
Resilience
Add “Reduce heat island effects through strategies including cool
roof requirements for new commercial buildings and re-roof projects
Add “Investigate adding an emergency solar electric backup system
for a City facility”
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Sustainability Refinements
Goal Projects
Economic
Resilience
Clearly define the difference between Economic Resilience in the
Sustainability Plan and Economy in the strategic plan
Energy
Delete “study and pursue decentralized solar gardens for City
property and low-income households” and replace with “Increase
solar systems serving City properties” and “Connect more low-
income households with no-cost solar from non-profit partners”
Modify “Study the feasibility and cost of emission free heating and
water for all City owned properties” to “Study the feasibility and cost
of emission free heating and water heating using heat pump-based
systems for all City owned properties, including specifically
evaluating the new state grant program for public properties, as well
as new financial incentives
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Sustainability Refinements
Goal Projects
Clean and
Connected
Transportation
Add “Participate in feasibility and detailed planning involving the public
for a greenway multimodal path involving Little Dry Creek through the
downtown area”
Add “Investigate adding more bike lanes to industrial and warehouse
areas, especially areas near new or potentially future multifamily
developments”
Add “Study different options for increasing alternative transportation
and micromobility in areas within Englewood that are lacking amenities
such as a bus and train stops to increase connectedness and
efficiency”
Add “Increase pedestrian and bicyclist safety through improved
infrastructure and amenities”
Add “Implement a pedestrian and bicyclist safety education campaign
for community members”
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Sustainability Refinements
Goal Projects
Air Quality Add projects related to indoor air quality (existing
projects relate to outdoor air quality)
Waste and Recycling Add “Enforce unlicensed trash operations throughout the
City”
Water Protection
Add “Reward and/or incentivize City departments that
find ways to implement water saving actions”
Add “Explore ways to increase economic resilience of
the City’s water utility while increasing and encouraging
water efficiency”
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CITY OF ENGLEWOOD
STRATEGIC PLAN
2022-2025
Page 314 of 462
Page 315 of 462
04
05
06
10
14
18
22
26
30
35
39
ABOUT THE STRATEGIC PLAN
STRATEGIC PLAN OUTCOME AREAS
COMMUNITY WELLBEING
GOVERNANCE
INFRASTRUCTURE AND TRANSPORTATION
ECONOMY
NEIGHBORHOODS
SAFETY
SUSTAINABILITY
CONNECTIONS TO OTHER OUTCOME AREAS
STRATEGIC PLAN REPORTING
Table of Contents
Page 316 of 462
ABOUT THE STRATEGIC PLAN
The City of Englewood Strategic Plan provides a strategic vision for the City, organized into
seven outcome areas. Each outcome area includes metrics designed to track our progress in
implementing the plan, as well as projects which include key investments. In January of 2020,
the Englewood City Council held a visioning retreat to identify elements of the ideal Englewood.
Staff then worked to turn this vision into a strategic plan, which was adopted in July of 2020
and which originally ran through December of 2022. In October, 2020, staff began developing
quarterly progress reports which were designed to update Council and the public on progress of
the plan.
The original structure of the plan primarily included one-time projects
designed to achieve key goals. In the fall of 2021, staff worked with
Council to update the plan, which included:
• Eliminating/consolidating projects from the current strategic plan which
are on-going and which do not have fixed deliverables;
• Added outcome metrics, mostly from the resident satisfaction survey, to
determine whether the large outcomes of each area are being met;
• Developed a new Community Wellbeing section and consolidated
transportation and infrastructure into one section;
• Added a “Project Spotlight” section in each outcome area to highlight
specific projects that tie to the plan;
• Included performance metrics that departments began tracking this year;
and
• Included departmental goals into the strategic plan.
The revised strategic plan will run through December of 2025, and updates
will be presented to Council and the community on a quarterly basis.
PRIORITY RANKINGS:
1. Infrastructure & Transportation
2. Safety
3. Community Wellbeing
4. Local Economy
5. Sustainability
6. Governance
7. Neighborhoods
4 STRATEGIC PLAN Page 317 of 462
STRATEGIC PLAN OUTCOME AREAS
Each outcome area contains outcome metrics, labeled as “How we will know we are
succeeding?” These metrics come from the City’s resident satisfaction survey, a scientific survey
utilized every two years to collect qualitative data on the opinions of residents of City services
and major challenges facing the City. Additionally, each outcome area includes a series of goals
which include one-time projects and performance metrics to help us know whether we are on
track to succeed.
COMMUNITY
WELLBEING
A city that provides
satisfying opportunities for
the vitality, enrichment, welfare,
and happiness of the community
INFRASTRUCTURE
& TRANSPORTATION
A city that proactively and
in a cost-effective manner
invests in, maintains, improves,
and plans to protect its infrastructure
A city that protects and
serves the community and
its people with professionalism
and responsiveness
SAFETY
SUSTAINABILITY
A city that stewards its
resources for the benefit of
current and future generations
ECONOMY
A city that that retains
and supporting existing
businesses while attracting
and promoting new business ventures
GOVERNANCE
A city government that
serves the community by
being efficient, effective,
accountable, and adaptable
NEIGHBORHOODS
Vibrant engaged, and
connected neighborhoods
as part of the Englewood
community
5STRATEGIC PLANPage 318 of 462
A city that provides satisfying opportunities for the vitality,
enrichment, welfare, and happiness of the community
The City of Englewood has a history of providing a variety of opportunities for community
members to learn and thrive. From our parks to our two recreation centers to our library,
members of the Englewood community have many opportunities to recreate, learn and grow.
The City is committed to strengthening and growing these opportunities while continuing our
commitment to ensuring affordability and access of the community.
COMMUNITY WELLBEING
PR
I
O
R
I
T
Y
#
3
6 STRATEGIC PLAN Page 319 of 462
MEASUREMENT
Englewood as a place to raise children
Englewood as a place to retire
Overall quality of parks and recreation opportunities
Recreational opportunities
Recreational programs or classes
Recreational centers or facilities
Overall health and wellness opportunities in Englewood
Overall opportunities for education, culture, and the arts
Public library services
City parks
NOT experiencing housing cost stress
Availability of affordable quality housing
How will we know we are succeeding?
Other outcome metrics:
• Develop a program to ensure that nine year olds in Englewood are able to swim
2014
68%
68%
N/A
64%
79%
78%
69%
52%
83%
80%
66%
49%
2018
56%
56%
N/A
65%
74%
74%
66%
45%
79%
65%
59%
31%
2020
69%
54%
72%
60%
68%
70%
74%
76%
81%
67%
49%
26%
Comparison
to Benchmark
=
=
=
=
=
=
=
=
=
=
7STRATEGIC PLANPage 320 of 462
1. Parks and Recreation Facilities: Promote the maintenance, management, and innovative
modifications to the City’s high-quality parks and recreation facilities
Key Projects:
• Develop a maintenance program at Broken Tee to protect the environment and sustain
course conditions
• Complete renovations at Jason, Baker, Cushing, and Centennial Parks
• Implement changes to the Off-Leash program per 2021 Ordinance/ Council Bill 49
• Prepare for a parks/facilities bond in 2023
• Renovation of the Englewood Recreation Center
• Complete installation of new carpet and flooring in the public library
2. Physical and Mental Health: Offer formal, informal, active, and passive opportunities for
members of the community to focus on their physical and mental health
Key Projects:
• Apply for the Make a Splash grant through USA Swimming to allow Englewood residents to take swim
lessons at a reduced rate
• Design and implement customer experience/ survey results
• Align with the National Recreation and Park Association (NRPA) initiatives including equity in parks
and recreation; parks for inclusion; and park community initiatives
• Implement free social pass for Malley Recreation Center (for patrons over 55)
• Offer junior passes and programs for youth and teens at Broken Tee
• Develop a plan for additional programming for teenagers
How we will know we are on track to succeed:
• Monthly and annual registration numbers for Englewood Recreation Center and Malley
Recreation Center
• # unique visits to Pirate’s Cove during the season (May- September)
• Tee time utilization: rounds played compared to rounds available
• Permitting/ programming of open space
3. Lifelong Learning: Opportunities for all ages to improve knowledge, skills, understanding,
and competencies
Key Projects:
• Launch the Englewood History Nook (in partnership with the Englewood Historic Preservation Society)
• Conduct library outreach to public schools, preschools, and senior centers
• Expand the offerings of non-traditional item types in the library’s circulating collection,
including educational enrichment kits, board games, and craft kits
• Implement new child care programs at the Englewood Recreation Center
COMMUNITY WELLBEING
GOALS
8 STRATEGIC PLAN Page 321 of 462
How we will know we are on track to succeed:
• # of virtual, in person, and phone interactions with patrons
• % of items from circulation and collection on a monthly basis
• # of outreach events conducted by library staff
4. Homelessness Services and Mitigation: Programs, initiatives and coordination designed to
help those experiencing homelessness while mitigating the impact of homelessness on the larger community
Key Projects:
• Coordinate Homelessness Connect Events
• Implement the Tri-Cities Homelessness Plan of Action
• Develop and execute a plan to bring the Bridge House/Ready to Work program to the Tri-Cities
How we will know we are on track to succeed:
• # of homeless individuals transferred to walk in clinic and provided treatment
• # of participants in resource connect events at library
5. Affordability: Promote the affordability of Englewood, including a focus on housing affordability and
stabilizing fees
Key Projects:
• Complete the housing needs assessment and exploration of affordable housing policies (part of CodeNext)
• Implement recreation discount program for veterans
• Assess the affordability of City fees and program costs
How we will know we are on track to succeed:
• # of E3 and HRIP program participants
6. Placemaking: A collaborative approach to planning, designing, and creative use of public spaces
Key Projects:
• Implement the recommendations of the Wayfinding and Placemaking Master Plan
• Build and install all primary secondary gateway elements as identified in the Wayfinding and
Placemaking Masterplan
7. Arts and Culture: Support initiatives and programs to encourage public arts and culture
Key Projects:
• Design and install public art in medians, parks, and streetscapes along major corridors and consider
adding a project identifying locations for murals throughout the City, including privately-owned
murals on commercial buildings
• Identify funds for ongoing maintenance of public art
• Promote art and history through online and printed walking, biking, and driving tours
8. Community-Wide Identity: Fostering a community-wide identity
Key Projects:
• Publish City-wide events calendar on the City’s website
• Develop a plan and approach to branding Englewood as a community
How we will know we are on track to succeed:
• Overall participation in City-wide events
9. Food System: Access to affordable and nutritious food
Key Project:
• Work to encourage a grocery store or food co-op in the South Broadway area to ensure that
Englewood is a 15 minute city
Project in Development:
• Consider development of a pilot “garden in a box” program
9STRATEGIC PLANPage 322 of 462
A city government that serves the community by being efficient,
effective, accountable, and adaptable
The governance section is also known as the City’s Blueprint for Organizational Success,
designed as the internal component of our strategic plan to create a culture of organizational
excellence. The Blueprint provides detailed goals and projects for the City to accomplish.
GOVERNANCE
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6
10 STRATEGIC PLAN Page 323 of 462
2014
56%
60%
55%
N/A
N/A
68%
72%
MEASUREMENT
Overall confidence in Englewood government
Overall direction that Englewood is taking
Value of services for the taxes paid to Englewood
Being open and transparent to the public
Informing residents about issues facing the community
Overall customer service by Englewood employees
Quality of services provided by the City of Englewood
2018
47%
61%
52%
N/A
N/A
69%
74%
2020
44%
56%
53%
50%
50%
67%
64%
How will we know we are succeeding?
Comparison
to Benchmark
=
=
=
=
=
=
=
11STRATEGIC PLANPage 324 of 462
1. One Mission: Clear, unified, and integrated organizational mission and goals
How we will know whether we are on track to succeed:
• # of best practices identified from other cities
• % of strategic plan projects with quarterly updates
• % of strategic plan projects that include more than one department
2. Policies and Procedures: Updated, accessible, and useable policies and procedures
Key Projects:
• Create and deploy quality records management system
• Develop an approach to engaging frontline staff in process improvement through a commitment to
the Peak Academy training program
• Develop a process to identify policies that are not accurately defined, provide policies and procedures to
staff through SharePoint, and educate staff as to why policies and procedures are needed
3. Employee Engagement: Develop and sustain programs to engage employees
Key Projects:
• Orientation - Establish an orientation which includes tours for new and existing employees
• Systems - Automate workflow for open requisitions, refine job descriptions, etc.
• Pay Structure - Develop a formal classification and compensation plan
• Working with Other Departments - Establish opportunities for staff to volunteer with other departments
• Employee Performance Evaluations - Review and revise employee performance forms and systems
Project in Development:
• Wellness - Consider the establishment of an employee wellness program, consider partnering with
the City’s healthcare provider
4. Internal Communications: Strong, frequent, and meaningful communications with all staff
Key Project:
• Informational Videos- Create a short informational video to highlight each department, such as an
overview of what each department does
How we will know we are on track to succeed:
• Quarterly meetings for all staff or managers/supervisors
• % of employees trained on e-Hub/SharePoint
5. Staff Training and Development: Meaningful, frequent, and interesting training programs and
opportunities for career advancement
Key Project:
• Implement social contracts in each working group
How we will know we are on track to succeed:
• % of new position requests with a business case
• % of supervisors who participate in supervisory training program
• % of positions filled internally
GOVERNANCE GOALS
12 STRATEGIC PLAN Page 325 of 462
6. Revenue and Finances: Varied and sustainable
approaches to revenue
How we will know we are on track to succeed:
• Average # of proposals received per solicitation
• % of tax payments received on time
Projects in Development:
• Study the impact of COVID-19 on city finances
• Explore additional revenue opportunities, including taxes
• Explore sponsorships and naming rights of city facilities
7. Tools and Technology: Updated, innovative, and
accessible tools and technology
Key Project:
• Develop a technology strategic plan, including funding
needs and funding opportunities
How will we know we are on track to succeed:
• # of trainings offered and % of staff trained
• # of support requests received
• # of computers and monitors
• % of support requests received within four hours
• % of employees that complete cyber security training
8. Safe and Inviting Workspaces: Promote save and
inviting workspaces for all City employees
Key Projects:
• Develop a strategy to evaluate co-working spaces
• Improve at least one break area in city facilities
9. Community Engagement: Effective community
engagement to increase trust, service delivery, and
organizational bandwidth
Key Projects:
• Create a strategic plan for social media
How we will know we are on track to succeed:
• # of documented uses of the City’s Community
Engagement Plan
10. Diversity and Inclusion: Integrate diversity and
inclusion concepts
Key Project:
• Complete the draft development of a Diversity, Equity,
and Inclusion plan
11. Employee Recognition: Meaningful recognition
of employees
Key Projects:
• Peer to peer recognition
• Establishment of employee groups and clubs
• Establish a holiday lunch
• Themed recognition events
• Annual Spirit Week
• Innovation grant program
• Monetary reward/ spot bonus program
PROGRAM HIGHLIGHT:
New Website and
Engagement Platforms
Since June, 2020, a committee of
25 staff members worked to gather
feedback from our residents, City
Council, and fellow employees about
what they wanted in a new city website.
The redesign focused on usability
for Englewood residents by making
information more easily accessible
and providing an enjoyable, user-
friendly experience. New tools include
streamline content, user-friendly layout,
enhanced spotlight and new section, a
“service finder,” and a new design and
color scheme. Additionally, Englewood
engaged provides an easy and secure
way to share feedback on City projects.
Input will be collected through polls,
forums, and surveys and includes a sign-
up feature to follow projects.
12. Recruitment: Develop and implement
innovative strategies to recruit talent
Key Project:
• Develop a recruitment plan and strategy
Project in Development:
• Evaluate strategies to encourage
more Englewood residents to apply
for and accept jobs with the City
13STRATEGIC PLANPage 326 of 462
A city that proactively and in a cost-effective manner invests in,
maintains, improves, and plans to protect its infrastructure
Over the last three years, the City of Englewood made a commitment to invest in its
infrastructure, and to share the importance of protecting and investing infrastructure with the
community. This includes investment in transportation, water, stormwater, and sewer, and the
acceptance of significant grant funding to further these projects.
INFRASTRUCTURE AND
TRANSPORTATION
PR
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1
14 STRATEGIC PLAN Page 327 of 462
MEASUREMENT
Overall quality of the transportation system in Englewood
Traffic flow on major streets
Ease of travel by bicycle in Englewood
Ease of walking in Englewood
Street repair
Overall quality of the utility infrastructure in Englewood
Quality of drinking water
Overall quality of sewer services
Stormwater management
How will we know we are succeeding?
Other outcome metrics:
• Reduce the number of structures at risk of flooding in a 25-year storm event by 20%
2014
89%
69%
67%
75%
50%
N/A
40%
71%
66%
2018
87%
59%
65%
76%
50%
N/A
35%
65%
63%
2020
66%
60%
65%
72%
35%
47%
36%
59%
50%
Comparison
to Benchmark
=
=
=
=
=
=
15STRATEGIC PLANPage 328 of 462
1. Reduce the Risk of Flooding: Implement planning, processes, and projects to reduce the risk of
flooding in the City
Key Projects:
• Complete a city-wide small storm sewer system cleaning
• Clean & televise a portion of the large storm water system
• Complete construction of the Acoma Area Phase 2 storm sewer improvements (S3B)
• Begin construction of the South Englewood Storm Sewer Outfall project
2. Sewer Infrastructure: Proactively in a cost effective manner invests, maintains, improves and plans
to protect sewer infrastructure
Key Project:
• Implement the South Platte Renew (SPR) strategic plan
How we will know we are on track to succeed:
• % biochemical oxygen demand removal throughout the plant
• Voluntary incentive program for nutrient reduction
• Road mile equivalent of cleaned biogas and tons of CO2 diverted from atmosphere
3. Transportation Infrastructure: Invest in protecting transportation infrastructure in an
innovative, sustainable, and cost-effective manner
Key Projects:
• Construct the Dartmouth Bridge Widening Project
• Begin construction on US 285/Broadway interchange
• Construct the Oxford Pedestrian Bridge
• US 285 Congestion Mitigation Study
• Upgrade a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA
guidelines
• Construct prioritized missing sidewalk segments, as funding allows
• Conduct annual pavement maintenance (Zone 1 routine, Zone 5 preventative and Zone 4 corrective)
How we will know we are on track to succeed:
• Complete pothole repairs within 48 hours of notification and quality of repair inspection will be
completed within 30 days
4. Sustainable Infrastructure Funding: Comprehensive and long-term funding structures to
support investments in infrastructure
Key Projects:
• Finalize development of comprehensive Capital Improvement Plan
• Dissolve the Englewood Environmental Foundation (EEF) and pay off debt
• Complete bonding and grant applications to support water, sewer, and stormwater initiatives
• Close on Water and Infrastructure Finance and Innovation Act (WIFIA) loan
How we will know we are on track to succeed:
• 80% of capital projects completed within the project budget
INFRASTRUCTURE AND
TRANSPORTATION GOALS
16 STRATEGIC PLAN Page 329 of 462
5. Effectively Manage Assets: Develop and implement
processes and plans to strategically track and maintain assets
Key Project:
• Complete asset inventory of three assets
How we will know we are on track to succeed:
• Respond to all citizen complaints with an
acknowledgement within two business days
• Complete 80% of all work requests received from
citizens within fifteen business days
6. Multi-Modal Transportation: Ensure access and
increased opportunities for multi-modal transportation
Key Projects:
• Require green buffers between the street and the
sidewalk for safety
• Finalize and implement scooter pilot program
• Implement components of Walk- and Wheel Plan
• Provide wayfinding and placemaking elements such as
creative crosswalks in commercial areas
How we will know we are on track to succeed:
• Increase in ridership on the Englewood Trolley
Project in Development:
• Explore long-term funding options for the Englewood
Trolley with the DDA
7. Transportation Safety: Ensure the safety of all while
traveling in Englewood
Key Projects:
• Review dangerous intersections as part of the
Englewood Transportation Advisory Committee (ETAC)
• Complete Walkability Maps for three schools
• Identify and implement initial/quick strike initiatives to
improve safety/ awareness
• Work towards completion of the Neighborhood Traffic
Calming Program
8. Water Infrastructure and rights: Proactively in a
cost-effective manner Invests, maintains, improves and plans
to protect water infrastructure
Key Project:
• Develop and implement a plan to replace lead piping
Project in Development:
• Explore opportunities to secure funding to replace lead
service lines
PROGRAM HIGHLIGHT:
PEDESTRIAN BRIDGE OVER
OXFORD AVENUE
A new pedestrian bridge project
in Englewood is underway, with
construction expected to begin in the
spring of 2022. This bridge will improve
bicycle and pedestrian access across
Oxford Avenue between Santa Fe Drive
and Navajo Street/ Windemere Street.
The project is designed to meet several
goals. It will provide a safer route for
the growing number of pedestrians
and bicyclists crossing Oxford Avenue;
increase the amount of green signal
time for vehicles at the intersection
to improve traffic flow; and serve as a
crucial part of both the Englewood Walk
and Wheel Plan and Englewood Light
Rail Corridor Plan. An initial benefit
will be the chance to bypass having
to cross six vehicle lanes of traffic on
Oxford Avenue. In the future, it will also
enable more cyclists and pedestrians
to continue on a patch along the Rail
Trail away from vehicle traffic and
ultimately encouraging and enable more
commuters to take advantage of the
light rail.
17STRATEGIC PLANPage 330 of 462
A city that that retains and supporting existing businesses while
attracting and promoting new business ventures
The City of Englewood includes many local businesses, ranging from the Broadway corridor to
the Hospital District to CityCenter. During the pandemic, Englewood’s businesses persevered
with diligence, innovation, and grit. The City provided a series of grant programs to support local
business during this incredibly challenging time.
ECONOMY
PR
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#
4
18 STRATEGIC PLAN Page 331 of 462
MEASUREMENT
Overall economic health of Englewood
Economic development
Variety of business of service establishments in Englewood
Vibrancy of downtown/ commercial area
Englewood as a place to work
Employment opportunities
How will we know we are succeeding?
2014
47%
58%
N/A
47%
63%
30%
2018
50%
50%
N/A
38%
56%
34%
2020
52%
51%
55%
52%
58%
35%
Comparison
to Benchmark
=
=
=
=
=
=
19STRATEGIC PLANPage 332 of 462
1. Business Retention: Develop, implement, and maintain programs designed to retain businesses
in Englewood
How we will know we are on track to succeed:
• # of meetings with property owners about why properties are vacant
• # of exit interviews with companies closing or leaving Englewood
Project in Development:
• Investigate vacancy fees to disincentivize leaving buildings vacant
2. Commercial Corridor Vibrancy: Support the vibrancy of commercial districts throughout the City
Key Projects:
• Continue to support the implementation and development of the Downtown Development Authority (DDA)
• Coordinate Small Business Saturday with other entities
How we will know we are on track to succeed:
• # of larger (businesses with more than 25 full-time employees) that locate to Englewood
3. Business Climate: Ensure a pro-business climate
Key Projects:
• Review and adoption of the 2022 Unified Development Code (Title 16) (department goal)
• Complete Economic Development Strategic Plan
How we will know we are on track to succeed:
• Number of new businesses
• Number of building permits issued
• % of building inspections performed within 36 hours of request
• % of zoning enforcement actions completed within 20 days of filing
• % of development plan reviews completed within 30 days from application
• Average time to respond to a citizen/applicant request related to licensing
• # of in-person customer feedback sessions with economic development program clients
4. CityCenter Redevelopment: Redevelop and densify CityCenter
Key Projects:
• Complete Master Development Agreement for redevelopment of CityCenter
• Facilitate the sale/transfer of LNR controlled properties by the end of the third quarter
• If a hotel is not feasible at CityCenter, explore alternate locations in the central portion of the city
5. Job Training and Workforce Development: Supporting programs to support job training and
workforce development
Key Project:
• Continue and monitor existing job training programs
Project in Development:
• Explore opportunities for educational and training facilities and conduct programs in Englewood
ECONOMY GOALS
20 STRATEGIC PLAN Page 333 of 462
21STRATEGIC PLANPage 334 of 462
Vibrant engaged, and connected neighborhoods as part of the
Englewood community
The vibrancy of neighborhoods is a key component of any vibrant, thriving, and connected
community. While maintain connections with neighbors during the COVID-19 pandemic was
challenging, the City of Englewood developed a Neighborhood Resources Program to offer many
fun ways to connect and celebrate neighbors. The City is working with the Historic Preservation
Commission (HPC) to create a citywide neighborhood map, with the goal of strengthening the
Englewood communities of today while preserving the City’s diverse history.
NEIGHBORHOODS
PR
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#
7
22 STRATEGIC PLAN Page 335 of 462
MEASUREMENT
Overall appearance of Englewood
Your neighborhood as a place to live
Well-designed neighborhoods
Preservation of historical or cultural character of the community
Neighborliness of Englewood
Residents’ connection and engagement with their community
How will we know we are succeeding?
2014
62%
80%
N/A
N/A
54%
N/A
2018
59%
74%
N/A
N/A
52%
N/A
2020
52%
73%
51%
43%
61%
65%
Comparison
to Benchmark
=
=
23STRATEGIC PLANPage 336 of 462
1. Neighbor to Neighbor Connections: Ensure neighbors are connected to one another
Key Projects:
• Finalize and publicize new neighborhood map
• Implement neighborhood signage program
• Create a strategic plan for neighborhood resources
• Create neighborhood grant program
How we will know we are succeeding?
• # of completed mediations
• # of (and dollar amount) of “get to know our neighbor” grants
• # of neighborhood group leaders
• # of neighbor to neighbor programs
• # of neighborhood meetings with law enforcement/ code enforcement presentations
2. Community Engagement: Engage the community through deliberate engagement and volunteer
opportunities
Key Projects:
• Establish a formal volunteer management program
How we will know we are on track to succeed:
• % of documents/programs/processes involving community engagement that utilize Englewood
Engaged to solicit input from the public
3. Neighborhood Aesthetics: Promote and encourage the beautification, cleanliness, and code
compliance in neighborhoods and the City overall
How we will know we are on track to succeed:
• % of total code complaints received through EngleFix
• % of violations abated after Notice of Violations
4. Communication: Ensure community and City events are shared throughout the City through a variety
of methods
Key Projects:
• Create a strategic plan for social media
• Publish four issues of the Citizen Magazine
How we will know we are on track to succeed:
• # of video views
• # of social media followers
• # of email subscribers
• # of Polco subscribers
• Website scores
NEIGHBORHOODS GOALS
24 STRATEGIC PLAN Page 337 of 462
PROGRAM HIGHLIGHT:
Special Events Bringing
People Together
The City of Englewood purchased a block
party trailer, which allows community
members to get to know their neighbors.
The trailer can be rented for a small fee
and includes all of the party essentials,
including tables, chairs, coolers, trash cans
and bags, as well as yard games like corn
hole, jumbo Jenga, bocce ball and soccer.
25STRATEGIC PLANPage 338 of 462
A city that protects and serves the community and its people
with professionalism and responsiveness
The safety of a community, including actual safety and the perception of safety, is critical to
ensuring the overall wellbeing of our community. In the summer of 2020, after the brutal death
of Mr. George Floyd at the hands of an officer of the Minneapolis, MN Police Department, the
Englewood Police Department and the City of Englewood set in motion a comprehensive review
of policing policies and procedures. Building on a history of innovations in policing, the review
process included a community townhall and survey and the development of a Police Reform
Task Force. All of the recommendations of the task force are included in the strategic plan, as
well as other initiatives designed to ensure the safety of our community.
SAFETY
PR
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#
2
26 STRATEGIC PLAN Page 339 of 462
MEASUREMENT
Overall feeling of safety in Englewood
Crime prevention
Police services
How will we know we are succeeding?
2014
66%
63%
76%
2018
62%
51%
78%
2020
56%
50%
60%
Comparison
to Benchmark
27STRATEGIC PLANPage 340 of 462
1. Innovate in Policing: Review best practices from other cities and continuously innovate
Key Project:
• Hiring community relations/ crime prevention coordinator
• Provide robust training and development for officers to be exposed to innovations in policing
• Create protocols to work with the dispatch center to divert mental health calls to crisis team
How we will know we are on track to succeed:
• Average # of participants at community outreach events
Project in Development:
• Evaluate and review the success of the Co-Responder program
2. Building and Place Safety: Ensure the safety of public buildings and spaces
Key Projects:
• Implement the recommendations of the Crime Prevention through Environmental Design (CPTED)
audit with available funding and staffing resources
3. Public Safety Services: Invest in high-quality policing and other public safety services
Key Projects:
• Apply for and receive re-accreditation through the Colorado Association of Chiefs of Police
How we will know we are on track to succeed:
• X% of victims contacted within X business days by Victims Assistance
• Average case clearance rate (Patrol and investigations)
4. Policing Policies and Legitimacy: Collect data on and make recommendations
related to policing policies and legitimizing the role of policing
Key Project:
• Compile annual report on use of force for internal and external communication
How we will know we are on track to succeed:
• % of staff trained on departmental policies and procedures
Project in Development:
• Consider use of force policy
5. Responding to Emergencies: Effectively prepares for and responds to emergencies
Key Projects:
• Develop and implement emergency management training program
How we will know we are on track to succeed:
• % of staff meeting Federal Emergency Management (FEMA) recommended
training requirements
SAFETY GOALS
28 STRATEGIC PLAN Page 341 of 462
29STRATEGIC PLANPage 342 of 462
A city that stewards its resources for the benefit of current and
future generations
In November of 2020, staff met with Council to discuss defining sustainability, setting
sustainability goals, and potentially adding additional projects into the sustainability section
of the strategic plan. Additionally, in January, 2021, Council held a retreat and additional
suggestions came out of a sustainability break out session. The sustainability plan is a “plug-in-
plan,” meaning that while it functions as a stand-alone plan, it is also the sustainability section
of the strategic plan.
SUSTAINABILITY
PR
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#
5
30 STRATEGIC PLAN Page 343 of 462
Number of days out of ozone compliance
Reduction in city vehicle fuel usage
Reduction in the number of structures at risk of flooding
Increase the use of organic fertilizer by 20% over the next five years
Reduce the use of Glyphosate in parks and open space by 25% over the next five years
Increase tree canopy on city-owned property
% of housing units within a half-mile of a park, a transit stop, and a grocery store
% of City processes that are paperless
% of communities with increased resilience to climate change risk
% of City employees engaged in sustainability (through participation in events and programs)
Percentage reduction in energy use in city owned, commercial and residential buildings
How will we know we are succeeding?
31STRATEGIC PLANPage 344 of 462
1. Air Quality: Improve public health outcomes through better air quality
Key Projects:
• Monitor air quality through regional partners and use of technology
• Measure, track, and publicize the city’s greenhouse gas emissions inventory
• Place air quality health information on the Englewood.gov website in both English and Spanish
• Increase education and outreach around how to stay safe during bad air quality days
Project in Development:
• Investigate education and outreach around bad indoor air quality identification and prevention
2. Built Environment and Infrastructure: Infrastructure designed and maintained in an economic,
equitable, and ecological manner
Key Projects:
• Develop and implement comprehensive Capital Improvement Plan
• Develop a comprehensive asset management program to ensure maintenance and replacement of
planning for City buildings
• Investiate EV-ready, PV-ready, and electric-reading wiring amendments as part of the 2021 International
Energy Conservation Code
• Measure, track, and reduce carbon emissions from city-owned, residential and commercial buildings of
Englewood
• Revise demolition permits, including required containment plans for lead and asbestos-contained properties
• Assist homeowners with the removal of lead pipes and lead paint
How we will know we are on track to succeed:
• % of city-owned assets included in asset management system
• Implement improved park design through park renovation and park design
• % of waitlisted residential E3 program participants removed from waitlist
• % of neighborhood grant projects that related to beautification
• % reduction in carbon emissions from city-owned, residential, and commercial buildings of Englewood
Projects in Development:
• Evaluate financial model supporting sustainability and infrastructure and communicate necessary
alternatives, if applicable
• Improve energy efficiency in the building code
• Continue to pursue green building code
• Explore reducing wait list for residential E3 program by supplementing CDBG funds with General Fund
dollars to the extent allowed by federal guidelines
3. Community Resilience: A community that can foresee, withstand, adapt to, and recover from adversity
Key Projects:
• Create neighborhood grant programs to promote beautification, service projects, neighborhood
identification, neighborhood events, etc
• Increase climate change mitigation and adaptation strategies and projects, especially in areas with the
highest climate change vulnerability risk
SUSTAINABILITY GOALS
32 STRATEGIC PLAN Page 345 of 462
• Investigate creating a Climate Change Vulnerability Index (CCVI) of Englewood, a GIS mapping tool that
combines built, social, and ecological factors to identify areas that are vulnerable to flooding and heat
related impacts of climate change
• Help with education and financing for turf replacement with low-water landscaping, in alignment with
the introduced bill HB22-1151 around a turf replacement program
How we will know we are on track to succeed:
• 10% of City employees will be engaged in community sustainability and/or resiliency outreach events
and activities
4. Economic Resilience: A local economy that can foresee, withstand, adapt to, and recover from adversity
How we will know we are on track to succeed:
• % of small business grant recipients located on South Broadway
5. Energy: Programs, policies, and initiatives designed to encourage renewable, affordable, and accessible energy
Key Projects:
• Work with the Colorado Energy Office to conduct an Energy Performance Audit on major city facilities
• Continue to provide grants to low- and moderate-income households of up to $8,000 with a homeowner’s
match of 20% for conservation and energy efficiency upgrades, as determined by an energy audit
• Supplement micro turbine project
• Create energy efficiency outreach and education plan/ strategy around reaching low-income areas to
alleviate energy burden
• Pursue SolSmart designation
• Continue to develop and improve the E3 program
How we will know we are on track to succeed:
• Percentage of kWh from renewable energy used by city owned buildings and operations
• Number of homes receiving services and efficiency savings from the E3 projects
Projects in Development:
• Study and pursue decentralized solar gardens for city property and low-income households
• Investigate a solar access law
• Explore programs/grants to help businesses increase energy efficiency
• Study the feasibility and cost of emission free heating and water heating for all city owned properties
• Investigate ways to help renters benefit from energy efficiency upgrades and retrofits
• Evaluate current Ameresco contract for continued benefit to the city
6. Natural Environment: Protection of our natural environment
Key Projects:
• Reduce the use of pesticides in parks and open spaces
• Utilize organic fertilizers on athletic fields, increase the use of the organic fertilizer by 20% over the next
five years
• Conversion of nearly six acres at Broken Tee Golf Course from maintained turf to native grass areas as
well as in certain park areas
• Develop a plan to increase tree canopy on city-owned and private property, especially in areas with the
lowest tree equity score data found via the Tree Equity Score Analyzer (TESA)
• Conduct inventory of where turf and asphalt can be replaced with native plants. Create a target once
inventory is complete
How we will know we are on track to succeed:
• Score of 75 or higher for each Englewood block group on the tree equity analyzer
• Increase green infrastructure strategies where appropriate
Project in Development:
• Engage the Parks in Recreation Commission in determining whether and how to incorporate more xeric,
native, resilient, colorful plants in medians and in parks instead of concrete or turf
33STRATEGIC PLANPage 346 of 462
7. Clean and Connected Transportation: Increased access to multimodal transportation options,
and ensuring most needs are met within a travel distance of 15 minutes
Key Projects:
• Continue program, begun in 2010, to provide electronic golf carts to golfers at Broken Tee
• Conduct employee commuter survey around how city employees travel to and from work, providing
benchmark for commuter carbon footprint
How we will know we are on track to succeed:
• New miles of non-motorized trails and paths
Projects in Development:
• Investigate the GoEV City Commitment
• Investigate initiating a city employee “green commute” program / providing green commute incentives
• Explore establishment of a plan to increase the percentage of electric vehicles in the City’s fleet
8. Waste and Recycling: Increase recycling and composting efforts and diversion of waste
Key Projects:
• If Council choose a single hauler, implement system
• Implement a recycling program at all City facilities, tracking tonnage collected
• Provide electronic and hazardous waste recycling
• Increase public education and outreach around waste reduction
Projects in Development:
• Evaluate existing paper processes to determine when and how they can become paperless
• Investigate requiring commercial and multifamily buildings to offer recycling
• Investigate a policy for construction waste diversion
• Investigate composting programs and communication strategies
• Explore a composting program at all city facilities; track tonnage collected
• Explore avenues to dropping off organic materials
9. Water Protection: Protection of water resources, including rivers and streams
Key Projects:
• Implement park irrigation system repair and preplacement plans and prioritizing irrigation systems
by condition and replacing when funding becomes available
• Replace/repair irrigation systems in parks by replacing outdated nozzles and spray heads to increase
efficiency. Replace outdated valves and overall irrigation systems
• Hold annual river and stream cleanup event
• Complete construction of Big Dry Creek Diversion project
• Complete softening evaluation
• Conduct chemical oxygen demand testing, and property dispose of COD test tubes
• Implement water conservation program
• Undertake a water usage analysis of City facilities
• Install meters to eliminate flat rate accounts
• Implement a phased repair and replacement schedule outlined in the master plan
• Complete Allen Water Treatment Plat capital improvements
• Initiate the construction of the Big Dry Creek Diversion Project
• Complete waterline replacement
• Fully implement new Utility Billing Software
How we will know we are on track to succeed:
• Disinfection residual
• Water loss/ unaccounted for water
• Water pressure
• Waterline break rate
• Sanitary sewer overflows
Projects in Development:
• Consider xeriscaping in the public right of way
• Evaluate opportunities for incorporating water quality improvements in public infrastructure projects
• Identify opportunities for new emergency interconnections with Denver Water
34 STRATEGIC PLAN Page 347 of 462
While goals tie to one of the seven outcome areas, many overlap
into other areas of the plan. This chart shows how goals tie into
other sections of the strategic plan
CONNECTIONS TO OTHER
OUTCOME AREAS
OUTCOME AREA
Community Wellbeing
Community Wellbeing
Community Wellbeing
Community Wellbeing
Community Wellbeing
Governance
Governance
Governance
GOAL
Parks and recreation
facilities
Physical and mental
health
Lifelong learning
Homelessness services
and mitigation
Affordability
One mission
Policies and procedures
Employee engagement
DESCRIPTION
Promote the maintenance,
management, and innovative
modifications to the City’s high-quality
parks and recreation facilities
Offer formal, informal, active and
passive opportunities for members
of the community to focus on their
physical and mental health
Opportunities for all ages to improve
knowledge, skills, understanding and
competencies
Programs, initiatives, and
coordination designed to help those
experiencing homelessness while
mitigating the impact of homelessness
on the larger scale
Ensure the affordability of Englewood
Clear and integrated organizational
mission and goals
Updated, accessible, and useable
policies and procedures
Develop and sustain programs to
engage employees
CONNECTION TO OTHER OUTCOME AREAS
Infrastructure and
Transportation - Asset
management
Neighborhoods - Local
Economy
Sustainability - Energy
35STRATEGIC PLANPage 348 of 462
OUTCOME AREA GOAL DESCRIPTION
CONNECTION TO OTHER OUTCOME AREAS
Governance
Governance
Governance
Governance
Governance
Governance
Governance
Governance
Infrastructure and
Transportation
Infrastructure and
Transportation
Infrastructure and
Transportation
Infrastructure and
Transportation
Infrastructure and
Transportation
Infrastructure and
Transportation
Infrastructure and
Transportation
Local Economy
Internal communications
Staff training and
development
Revenue and finances
Tools and technology
Pride in place
Community engagement
Diversity and inclusion
Employee recognition
Flood mitigation
Sewer infrastructure
Transportation
infrastructure
Sustainable infrastructure
funding
Asset management
Multi-modal
transportation
Transportation safety
Business retention and
downtown vibrancy
Strong, frequent, and meaningful
communications with all staff
Meaningful, frequent, and interesting
training and development programs
Varied and sustainable approaches to
revenue
Updated, innovative, and accessible
tools and technology
Vibrant, engaged and connected
places
Effective community engagement to
increase trust, service delivery, and
organizational bandwidth
Integrate diversity and inclusion
concepts
Meaningful recognition of employees
Implement planning, processes, and
projects to reduce the risk of flooding
in the City
Ensure protection of the City’s sewer
infrastructure
Invest in protecting transportation
infrastructure in an innovative,
sustainable and cost-effective manner
Comprehensive and long-term funding
structures to support investments in
infrastructure
Develop and implement processes
and plans
Ensure access and increased
opportunities for multi-modal
transportation
Ensure the safety of all while traveling
through Englewood
Retain and sustain local businesses,
particularly on South Broadway
Neighborhoods
- Community
Engagement
Sustainability -
Community Resilience
Sustainability -
Economic Resilience
Community Wellbeing -
Parks and Recreation
Sustainability -
transportation
Sustainability -
Economic resilience
36 STRATEGIC PLAN Page 349 of 462
OUTCOME AREA GOAL DESCRIPTION
CONNECTION TO OTHER OUTCOME AREAS
Local Economy
Local economy
Neighborhoods
Neighborhoods
Neighborhoods
Neighborhoods
Safety
Safety
Safety
Safety
Sustainability
Sustainability
Sustainability
Sustainability
Business climate
CityCenter
redevelopment
Neighbor to neighbor
connections
Community engagement
Neighborhood aesthetics
Communication
Police innovation
Building and place safety
Public safety services
Policing policies
Air quality
Built environment and
infrastructure
Community resilience
Economic resilience
Ensure a pro-business climate
Develop and densify CityCenter
Ensure neighbors are connected to
one another
Engage the community through
deliberate engagement and volunteer
opportunities
Promote and encourage the
beautification, cleanliness, and code
compliance in neighborhoods and the
City overall
Ensure community and City events
are shared throughout the City and
through a variety of methods
Review best practices from other cities
and continuously innovate
Ensure the safety of public buildings
and spaces
Invest in high-quality policing and
other public safety services
Collect data on and make
recommendations related to policing
policies
Improved air quality to protect public
and private health
Infrastructure designed and
maintained in an economic, equitable,
and ecological manner
A community that can foresee,
withstand, adapt to, and recover from
adversity
A local economy that can foresee,
withstand, adapt to, and recover from
adversity
Governance
- Community
engagement
Safety - Building and
place safety
Neighborhoods
- Neighborhood
aesthetics
Infrastructure and
Transportation - flood
mitigation
Infrastructure and
transportation - flood
mitigation
Local Economy -
business retention and
downtown vibrancy
37STRATEGIC PLANPage 350 of 462
OUTCOME AREA GOAL DESCRIPTION
CONNECTION TO OTHER OUTCOME AREAS
Sustainability
Sustainability
Sustainability
Sustainability
Sustainability
Energy
Food system
Transportation
Waste and recycling
Water protection
Programs, policies, and initiatives
designed to encourage renewable,
affordable, and accessible energy
Access to affordable and nutritious
food
Increased access to multimodal
transportation options, and most
needs are met within a travel distance
of 15 minutes
Increase recycling and diversion of
waste
Protection of water resources
Community Wellbeing -
Affordability
Infrastructure and
Transportation - Multi-
modal transportation
38 STRATEGIC PLAN Page 351 of 462
Strategic plan updates will be posted on a quarterly basis
to the City’s Strategic Plan website:
https://www.englewoodco.gov/government/city-council/council-s-vision-and-strategic-plan
STRATEGIC PLAN REPORTING
39STRATEGIC PLANPage 352 of 462
CONTACT US
1000 Englewood Parkway
Englewood, CO 80110
303-762-2300
www.englewoodco.gov
Page 353 of 462
OUTCOM
E AREA
GOAL GOAL
DESCRIPTIO
N
EXISTIN
G OR
NEW
GOAL
TYPE PROJECT OR METRIC EXISTING
OR NEW
PROJECT
2023
PROPOSAL
PROPOSED2023
LANGUAGE
Communit
y
Wellbeing
Parks and
Recreation
Facilities
Promote the
maintenanc
e,
managemen
t, and
innovative
modification
s to the
city's high-
quality
parks and
recreation
facilities
Existing
goal
Key
Project
Develop a
maintenance program
for Broken Tee to
protect and sustain
course conditions
Existing Carry over
to 2023
Promote the
maintenance,
management, and
innovative
modifications to the
city's high-quality
parks and recreation
facilities
Communit
y
Wellbeing
Parks and
Recreation
Facilities
Promote the
maintenanc
e,
managemen
t, and
innovative
modification
s to the
city's high-
quality
parks and
recreation
facilities
Existing
goal
Key
Project
Complete renovations
at Jason, Baker,
Cushing, and
Centennial Parks
Existing Carry over
to 2023
Complete renovations
at Jason, Baker,
Cushing, and
Centennial Parks
Pa
g
e
3
5
4
o
f
4
6
2
Communit
y
Wellbeing
Parks and
Recreation
Facilities
Promote the
maintenanc
e,
managemen
t, and
innovative
modification
s to the
city's high-
quality
parks and
recreation
facilities
Existing
goal
Key
Project
Implement changes to
the off-leash program
per 2021 Ordinance/
Council Bill 49
Existing Completed
in 2022
Communit
y
Wellbeing
Parks and
Recreation
Facilities
Promote the
maintenanc
e,
managemen
t, and
innovative
modification
s to the
city's high-
quality
parks and
recreation
facilities
Existing
goal
Key
Project
Prepare for a parks/
facilities bond in 2023
Existing Carry over
to 2023
Prepare for a parks/
facilities bond in 2023
Pa
g
e
3
5
5
o
f
4
6
2
Communit
y
Wellbeing
Parks and
Recreation
Facilities
Promote the
maintenanc
e,
managemen
t, and
innovative
modification
s to the
city's high-
quality
parks and
recreation
facilities
Existing
goal
Key
Project
Renovation of the
Englewood Recreation
Center
Existing Carry over
to 2023
Renovation of the
Englewood Recreation
Center
Communit
y
Wellbeing
Parks and
Recreation
Facilities
Promote the
maintenanc
e,
managemen
t, and
innovative
modification
s to the
city's high-
quality
parks and
recreation
facilities
Existing
goal
Key
Project
Complete installation
of new carpet and
flooring in the public
library
Existing Completed
in 2022
Pa
g
e
3
5
6
o
f
4
6
2
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Key
Project
Apply for the Make a
Splash program
Existing Completed
in 2022
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Key
Project
Design and implement
customer experience/
survey results
Existing Completed
in 2022
Pa
g
e
3
5
7
o
f
4
6
2
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Key
Project
Align with the
National Recreation
and Parks Association
initiatives including
equity in parks
Existing Completed
in 2022
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Key
Project
Implement free social
pass for Malley Center
Recreation (patrons
over 55)
Existing Completed
in 2022
(Change to
a metric)
# of free social passes
given out
Pa
g
e
3
5
8
o
f
4
6
2
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Key
Project
Offer junior passes
and programs for
youth and teens at
Broken Tee
Existing Completed
in 2022
(Change to
a metric)
# of junior passes
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Key
Project
Devleop a plan for
additional
programming for
teens and tweens
Existing Completed
in 2022
(Change to
a metric)
# of teens and tweens
participating in
programs
Pa
g
e
3
5
9
o
f
4
6
2
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Metric Monthly and annual
registration numbers
for Englewood
Recreation Center and
Malley Recreation
Center
Existing Carry over
to 2023
Monthly and annual
registration numbers
for Englewood
Recreation Center and
Malley Recreation
Center
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Metric # of unique visits to
Pirate's Cove during
the season (May-
September)
Existing Carry over
to 2023
# of unique visits to
Pirate's Cove during
the season (May-
September)
Pa
g
e
3
6
0
o
f
4
6
2
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Metric Tee time utilization:
rounds plapyed
compared to rounds
available
Existing Carry over
to 2023
Tee time utilization:
rounds plapyed
compared to rounds
available
Communit
y
Wellbeing
Physical
and Mental
Health
Offer
formal,
informal,
active, and
passive
opportunitie
s for
members of
the
community
to focus on
their
physical and
mental
health
Existing
goal
Metric Permitting/programmi
ng of open space
Existing Carry over
to 2023
Permitting/programmi
ng of open space
Pa
g
e
3
6
1
o
f
4
6
2
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Key
Project
Launch the
Englewood History
Nook
Existing Completed
in 2022
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Key
Project
Conduct library
outreach to public
schools, preschools,
and senior centers
Existing Completed
in 2022
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Key
Project
Expand the offerings
of non-traditional
item types in the
library's circulating
collection
Existing Carry over
to 2023
Expand the offerings
of non-traditional
item types in the
library's circulating
collection
Pa
g
e
3
6
2
o
f
4
6
2
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Key
Project
Implement new child
care programs at the
Englewood Recreation
Center
Existing Completed
in 2022
(Change to
a metric)
# of participants
enrolled in child care
programs
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Metric # of virtual, in person,
and phone
interactions with
patrons
Existing Carry over
to 2023
# of virtual, in person,
and phone
interactions with
patrons
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Metric % of items of
circulation and
collection on a
monthly basis
Existing Carry over
to 2023
% of items of
circulation and
collection on a
monthly basis
Pa
g
e
3
6
3
o
f
4
6
2
Communit
y
Wellbeing
Lifelong
Learning
Opportuniti
es for all
ages to
improve
knowledge,
skills,
understandi
ng, and
competenci
es
Existing
goal
Metric # of outreach events
conducted by library
staff
Existing Carry over
to 2023
# of outreach events
conducted by library
staff
Communit
y
Wellbeing
Homelessn
ess
Services
and
Mitigation
Programs,
initiatives,
and
coordinatio
n designed
to help
those
experiencin
g
homelessne
ss whilte
mitigating
the impact
of
homelessne
ss on the
larger
community
Existing
goal
Key
Project
Implementation of
Tri-Cities
Homelessness Plan of
Action
Existing Completed
in 2022
(Change to
a new
project)
Implementation of
year two of the Tri-
Cities Homelessness
Plan of Action
Pa
g
e
3
6
4
o
f
4
6
2
Communit
y
Wellbeing
Homelessn
ess
Services
and
Mitigation
Programs,
initiatives,
and
coordinatio
n designed
to help
those
experiencin
g
homelessne
ss whilte
mitigating
the impact
of
homelessne
ss on the
larger
community
Existing
goal
Key
Project
Homelessness
Connect Event
Existing Completed
in 2022
(Change to
a new
project)
Hold at least one
Homelessness
Connect Event
Communit
y
Wellbeing
Homelessn
ess
Services
and
Mitigation
Programs,
initiatives,
and
coordinatio
n designed
to help
those
experiencin
g
homelessne
ss whilte
mitigating
the impact
Existing
goal
Key
Project
Develop and execute
a plan to bring the
Ready to Work
program to the Tri-
Cities
Existing Completed
in 2022
(Change to
a new
project)
Assist in the launching
of a Ready to Work
site in Englewood
Pa
g
e
3
6
5
o
f
4
6
2
of
homelessne
ss on the
larger
community
Communit
y
Wellbeing
Homelessn
ess
Services
and
Mitigation
Programs,
initiatives,
and
coordinatio
n designed
to help
those
experiencin
g
homelessne
ss whilte
mitigating
the impact
of
homelessne
ss on the
larger
community
Existing
goal
Metric # of homeless
individuals tranferred
to walk in clinic and
provided treatment
Existing Carry over
to 2023
# of homeless
individuals tranferred
to walk in clinic and
provided treatment
Pa
g
e
3
6
6
o
f
4
6
2
Communit
y
Wellbeing
Homelessn
ess
Services
and
Mitigation
Programs,
initiatives,
and
coordinatio
n designed
to help
those
experiencin
g
homelessne
ss whilte
mitigating
the impact
of
homelessne
ss on the
larger
community
Existing
goal
Metric # of participants in
resource connect
events at the library
Existing Carry over
to 2023
# of participants in
resource connect
events at the library
Communit
y
Wellbeing
Placemakin
g
A
collaborativ
e approach
to planning,
designing,
and creative
use of public
spaces
Existing
goal
Key
Project
Implement the
recommendations of
the Wayfinding and
Placemaking Master
Plan
Existing Carry over
to 2023
Implement the
recommendations of
the Wayfinding and
Placemaking Master
Plan
Communit
y
Wellbeing
Placemakin
g
A
collaborativ
e approach
to planning,
designing,
Existing
goal
Key
Project
Develop strategies to
incentivize private
beautification projects
New New for
2023
Develop strategies to
incentivize private
beautification projects
Pa
g
e
3
6
7
o
f
4
6
2
and creative
use of public
spaces
Communit
y
Wellbeing
Placemakin
g
A
collaborativ
e approach
to planning,
designing,
and creative
use of public
spaces
Existing
goal
Project
in
Develop
ment
Explore the creation
of parklets
New New for
2023
Explore the creation
of parklets
Communit
y
Wellbeing
Placemakin
g
A
collaborativ
e approach
to planning,
designing,
and creative
use of public
spaces
Existing
goal
Key
Project
Review regulatory
policy and consider
requiring new
developments to
plant trees, etc.
New New for
2023
Review regulatory
policy and consider
requiring new
developments to
plant trees, etc.
Communit
y
Wellbeing
Placemakin
g
A
collaborativ
e approach
to planning,
designing,
and creative
use of public
spaces
Existing
goal
Key
Project
Partner with the EDDA
on beautification and
placemaking
New New for
2023
Partner with the EDDA
on beautification and
placemaking
Pa
g
e
3
6
8
o
f
4
6
2
Communit
y
Wellbeing
Placemakin
g
A
collaborativ
e approach
to planning,
designing,
and creative
use of public
spaces
Existing
goal
Key
Project
Develop a budget of
funds currently
dedicated to
placemaking
initiatives and explore
additional funding
needs and
opportunities
New New for
2023
Develop a budget of
funds currently
dedicated to
placemaking
initiatives and explore
additional funding
needs and
opportunities
Communit
y
Wellbeing
Arts and
Culture
Support
initiatives
and
programs to
encourage
public arts
and culture
Existing
goal
Key
Project
Design and install
public art
Existing Carry over
to 2023
Design and install
public art
Communit
y
Wellbeing
Arts and
Culture
Support
initiatives
and
programs to
encourage
public arts
and culture
Existing
goal
Key
Project
Identify funds for
ongoing maintenance
of public art
Existing Carry over
to 2023
Identify funds for
ongoing maintenance
of public art
Communit
y
Wellbeing
Arts and
Culture
Support
initiatives
and
programs to
encourage
public arts
and culture
Existing
goal
Key
Project
Promote art and
history through online
and printed walking,
biking, and driving
tours
Existing Carry over
to 2023
Promote art and
history through online
and printed walking,
biking, and driving
tours
Pa
g
e
3
6
9
o
f
4
6
2
Communit
y
Wellbeing
Community
-Wide
Identify
Fostering a
community-
wide
identity
Existing
goal
Key
Project
Publish city-wide
events calendar on
the city's website
Existing Completed
in 2022-
modify as a
metric
Metric- % of events
published on the city-
wide events calendar
Communit
y
Wellbeing
Community
-Wide
Identify
Fostering a
community-
wide
identity
Existing
goal
Key
Project
Develop a plan and
approach to brand
Englewood as a
community
Existing Completed
in 2022
Communit
y
Wellbeing
Community
-Wide
Identify
Fostering a
community-
wide
identity
Existing
goal
Key
Project
Collect data on overall
participation in city-
wide events
New New for
2023
Collect data on overall
participation in city-
wide events
Communit
y
Wellbeing
Affordabilit
y
Promote the
affordability
of
Englewood,
including a
focus on
housing
affordability
and
stabilizing
fees
Existing
goal
Key
Project
Copmlete the housing
needs assessment
Existing Completed
in 2022
Communit
y
Wellbeing
Affordabilit
y
Promote the
affordability
of
Englewood,
including a
focus on
Existing
goal
Key
Project
Implement recreation
discount program for
veterans
Existing Completed
in 2022
(change to
a metric)
# of veterans
participating in this
program
Pa
g
e
3
7
0
o
f
4
6
2
housing
affordability
and
stabilizing
fees
Communit
y
Wellbeing
Affordabilit
y
Promote the
affordability
of
Englewood,
including a
focus on
housing
affordability
and
stabilizing
fees
Existing
goal
Key
Project
Assess the
affordability of city
fees and program
costs
Existing Carry over
to 2023
Assess the
affordability of city
fees and program
costs
Communit
y
Wellbeing
Affordabilit
y
Promote the
affordability
of
Englewood,
including a
focus on
housing
affordability
and
stabilizing
fees
Existing
goal
Key
Project
Encourage a grocery
store or food co-op in
the South Broadway
area to ensure
Englewood is a 15-
minute city
Existing Carry over
to 2023
Encourage a grocery
store or food co-op in
the South Broadway
area to ensure
Englewood is a 15-
minute city
Pa
g
e
3
7
1
o
f
4
6
2
Communit
y
Wellbeing
Affordabilit
y
Promote the
affordability
of
Englewood,
including a
focus on
housing
affordability
and
stabilizing
fees
Existing
goal
Metric # of E3 and HRIP
program participants
Existing Carry over
to 2023
# of E3 and HRIP
program participants
Communit
y
Wellbeing
Senior
Services
Enhance
services and
programs
for senior
citizens
focused on
safety and
security;
reduction of
food
insecurities;
aging in
place; and
housing
New
goal
Key
Project
Create an Englewood
Age Friendly Action
Plan
New New for
2023
Create an Englewood
Age Friendly Action
Plan
Pa
g
e
3
7
2
o
f
4
6
2
Communit
y
Wellbeing
Senior
Services
Enhance
services and
programs
for senior
citizens
focused on
safety and
security;
reduction of
food
insecurities;
aging in
place; and
housing
New
goal
Key
Project
Identify action plan
items to implement
throughout the year
New New for
2023
Identify action plan
items to implement
throughout the year
Communit
y
Wellbeing
Senior
Services
Enhance
services and
programs
for senior
citizens
focused on
safety and
security;
reduction of
food
insecurities;
aging in
place; and
housing
New
goal
Key
Project
Provide resource
connections and
recommended
services and programs
for the senior
population
New New for
2023
Provide resource
connections and
recommended
services and programs
for the senior
population
Pa
g
e
3
7
3
o
f
4
6
2
Communit
y
Wellbeing
Senior
Services
Enhance
services and
programs
for senior
citizens
focused on
safety and
security;
reduction of
food
insecurities;
aging in
place; and
housing
New
goal
Key
Project
Analyze existing
programs and identify
gaps
New New for
2023
Analyze existing
programs and identify
gaps
Communit
y
Wellbeing
Senior
Services
Enhance
services and
programs
for senior
citizens
focused on
safety and
security;
reduction of
food
insecurities;
aging in
place; and
housing
New
goal
Key
Project
Create strategies to
improve outreach to
seniors across the city
New New for
2023
Create strategies to
improve outreach to
seniors across the city
Pa
g
e
3
7
4
o
f
4
6
2
Communit
y
Wellbeing
Senior
Services
Enhance
services and
programs
for senior
citizens
focused on
safety and
security;
reduction of
food
insecurities;
aging in
place; and
housing
New
goal
Key
Project
Review programs that
were in place at the
Malley Center before
COVID-19 that are no
longer in place to
determine whether
they could be brought
back
New
(Proposed
by Member
Russell)
New for
2023
Review programs that
were in place at the
Malley Center before
COVID-19 that are no
longer in place to
determine whether
they could be brought
back
Communit
y
Wellbeing
Affordable
Housing
Explore and
implement
opportunitie
s to increase
affordable
housing
opportunitie
s in
Englewood
New
goal
Key
Project
Engage the Cities of
Sheridan and Littleton
in discussions on a Tri-
Cities approach to
affordable housing
New New for
2023
Engage the Cities of
Sheridan and Littleton
in discussions on a Tri-
Cities approach to
affordable housing
Communit
y
Wellbeing
Affordable
Housing
Explore and
implement
opportunitie
s to increase
affordable
housing
opportunitie
New
goal
Key
Project
Develop an affordable
housing task force
New New for
2023
Develop an affordable
housing task force
Pa
g
e
3
7
5
o
f
4
6
2
s in
Englewood
Communit
y
Wellbeing
Affordable
Housing
Explore and
implement
opportunitie
s to increase
affordable
housing
opportunitie
s in
Englewood
New
goal
Project
in
Develop
ment
Explore opportunities
for funding for
affordable housing
programs from the
State of Colorado,
including Proposition
123
New New for
2023
Explore opportunities
for funding for
affordable housing
programs from the
State of Colorado,
including Proposition
123
Communit
y
Wellbeing
Food
System
Access to
affordable
and
nutritious
food
Existing
goal
Key
Project
Work to encourage a
grocery store or food
co-op in the South
Broadway area to
ensure that
Englewood is a 15-
minute city
Existing Carry over
to 2023
Work to encourage a
grocery store or food
co-op in the South
Broadway area to
ensure that
Englewood is a 15-
minute city
Communit
y
Wellbeing
Food
System
Access to
affordable
and
nutritious
food
Existing
goal
Project
in
Develop
ment
Consider
development of a
pilot 'garden in a box"
program
Existing Carry over
to 2023
Consider
development of a
pilot 'garden in a box"
program
Pa
g
e
3
7
6
o
f
4
6
2
Governan
ce
One
Mission
Clear,
unified, and
integrated
organization
al mission
and goals
Existing
goal
Metric # of best practices
identified from other
cities
Existing Carry over
to 2023
# of best practices
identified from other
cities
Governan
ce
One
Mission
Clear,
unified, and
integrated
organization
al mission
and goals
Existing
goal
Metric % of strategies plan
projects with
quarterly updates
Existing Carry over
to 2023
% of strategies plan
projects with
quarterly updates
Governan
ce
One
Mission
Clear,
unified, and
integrated
organization
al mission
and goals
Existing
goal
Metric % of strategic plan
projects that include
more than one
department
Existing Carry over
to 2023
% of strategic plan
projects that include
more than one
department
Governan
ce
Policies
and
Procedures
Updated,
accessible,
and useable
policies and
procedures
Existing
goal
Key
Project
Create and deploy a
quality records
management system
Existing Completed
in 2022
(Change to
a metric)
% of the city's records
that have been
digitized
Governan
ce
Policies
and
Procedures
Updated,
accessible,
and useable
policies and
procedures
Existing
goal
Key
Project
Develop an approach
to engaging frontline
staff in process
improvement
Existing Carry over
to 2023
Develop an approach
to engaging frontline
staff in process
improvement
Pa
g
e
3
7
7
o
f
4
6
2
Governan
ce
Policies
and
Procedures
Updated,
accessible,
and useable
policies and
procedures
Existing
goal
Key
Project
Develop a process to
identify policies that
are not accurately
defined and educate
staff
Existing Carry over
to 2023
Develop a process to
identify policies that
are not accurately
defined and educate
staff
Governan
ce
Policies
and
Procedures
Updated,
accessible,
and useable
policies and
procedures
Existing
goal
Key
Project
Establish an
orientation which
includes tours for new
and existing
employees
Existing Carry over
to 2023
Establish an
orientation which
includes tours for new
and existing
employees
Governan
ce
Employee
Engagemen
t
Develop and
sustain
programs to
engage
employees
Existing
goal
Key
Project
Automate workflow
for open requisitions
and refine job
descriptions
Existing Carry over
to 2023
Automate workflow
for open requisitions
and refine job
descriptions
Governan
ce
Employee
Engagemen
t
Develop and
sustain
programs to
engage
employees
Existing
goal
Key
Project
Develop a formal
classification and
compensation plan
Existing Carry over
to 2023
Develop a formal
classification and
compensation plan
Governan
ce
Employee
Engagemen
t
Develop and
sustain
programs to
engage
employees
Existing
goal
Key
Project
Establish
opportunities for staff
to volunteer with
other departments
Existing Completed
in 2022
Pa
g
e
3
7
8
o
f
4
6
2
Governan
ce
Employee
Engagemen
t
Develop and
sustain
programs to
engage
employees
Existing
goal
Key
Project
Review and revise
employee
performance forms
and systems
Existing Completed
in 2022
Governan
ce
Emplyee
Engagemen
t
Develop and
sustain
programs to
engage
employees
Existing
goal
Project
in
Develop
ment
Wellness- Consider
the establishment of
an employee wellness
program, consider
partnering with the
city's healthcare
provider
Existing Carry over
to 2023
Wellness- Consider
the establishment of
an employee wellness
program, consider
partnering with the
city's healthcare
provider
Governan
ce
Internal
Communic
ations
Strong,
frequent,
and
meaningful
communicat
ions with all
staff
Existing
goal
Key
Project
Create a short
informational video
about each
department
Existing Carry over
to 2023
Create a short
informational video
about each
department
Governan
ce
Internal
Communic
ations
Strong,
frequent,
and
meaningful
communicat
ions with all
staff
Existing
goal
Metric Quarterly meetings
for all staff or
managers/
supervisors
Existing Carry over
to 2023
Quarterly meetings
for all staff or
managers/
supervisors
Pa
g
e
3
7
9
o
f
4
6
2
Governan
ce
Internal
Communic
ations
Strong,
frequent,
and
meaningful
communicat
ions with all
staff
Existing
goal
Metric % of employees
trained on e-
Hub/SharePoint
Existing Carry over
to 2023
% of employees
trained on e-
Hub/SharePoint
Governan
ce
Staff
Training
and
Developme
nt
Meaningful,
frequent,
and
interesting
training
programs
and
opportunitie
s for career
advanceme
nt
Existing
goal
Key
Project
Implement social
contracts in each
working group
Existing Carry over
to 2023
Implement social
contracts in each
working group
Governan
ce
Staff
Training
and
Developme
nt
Meaningful,
frequent,
and
interesting
training
programs
and
opportunitie
s for career
advanceme
nt
Existing
goal
Metric % of new position
requests with a
business case
Existing Carry over
to 2023
% of new position
requests with a
business case
Pa
g
e
3
8
0
o
f
4
6
2
Governan
ce
Staff
Training
and
Developme
nt
Meaningful,
frequent,
and
interesting
training
programs
and
opportunitie
s for career
advanceme
nt
Existing
goal
Metric % of supervisors who
participate to
supervisory training
program
Existing Carry over
to 2023
% of supervisors who
participate to
supervisory training
program
Governan
ce
Staff
Training
and
Developme
nt
Meaningful,
frequent,
and
interesting
training
programs
and
opportunitie
s for career
advanceme
nt
Existing
goal
Metric % of positions filled
internally
Existing Carry over
to 2023
% of positions filled
internally
Governan
ce
Revenue
and
Finances
Varied and
sustainable
approaches
to revenue
Existing
goal
Metric Average # of
proposals received
per solicitation
Existing Carry over
to 2023
(Modify to
a project)
Standardize
procurement and
contract management
processes
Governan
ce
Revenue
and
Finances
Varied and
sustainable
Existing
goal
Metric % of tax payments
received on time
Existing Carry over
to 2023
% of tax payments
received ontime
Pa
g
e
3
8
1
o
f
4
6
2
approaches
to revenue
Governan
ce
Revenue
and
Finances
Varied and
sustainable
approaches
to revenue
Existing
goal
Project
in
Develop
ment
Study the impact of
COVID-19 on city
finances
Existing Carry over
to 2023
(with
modificatio
ns)
Prepare and maintain
five-year forecasting
for the general fund
Governan
ce
Revenue
and
Finances
Varied and
sustainable
approaches
to revenue
Existing
goal
Project
in
Develop
ment
Explore additional
revenue
opportunities,
including taxes
Existing Carry over
to 2023
(with
modificatio
ns)
Partner with outside
tax advisory and audit
service to identify
sales and use taxes
from local, outside,
and internet sales
Governan
ce
Revenue
and
Finances
Varied and
sustainable
approaches
to revenue
Existing
goal
Project
in
Develop
ment
Explore sponsorships
and naming rights for
city facilities
Existing Remove for
2023
Governan
ce
Revenue
and
Finances
Varied and
sustainable
approaches
to revenue
Existing
goal
Key
Project
Ensure financial
reporting in
compliance with
GASB, GAAP, and
federal grant
requirements
New New for
2023
Ensure financial
reporting in
compliance with
GASB, GAAP, and
federal grant
requirements
Governan
ce
Tools and
Technology
Updated,
innovative,
and
accessible
Existing
goal
Key
Project
Develop a technology
strategic plan
Existing Carry over
to 2023
Develop a technology
strategic plan
Pa
g
e
3
8
2
o
f
4
6
2
tools and
technology
Governan
ce
Tools and
Technology
Updated,
innovative,
and
accessible
tools and
technology
Existing
goal
Metric # of trainings offfered
and % of staff trained
Existing Carry over
to 2023
# of trainings offfered
and % of staff trained
Governan
ce
Tools and
Technology
Updated,
innovative,
and
accessible
tools and
technology
Existing
goal
Metric # of support requests
received
Existing Carry over
to 2023
# of support requests
received
Governan
ce
Tools and
Technology
Updated,
innovative,
and
accessible
tools and
technology
Existing
goal
Metric # of computers and
monitors
Existing Carry over
to 2023
# of computers and
monitors
Governan
ce
Tools and
Technology
Updated,
innovative,
and
accessible
tools and
technology
Existing
goal
Metric % of support requests
received within four
hours
Existing Carry over
to 2023
% of support requests
received within four
hours
Pa
g
e
3
8
3
o
f
4
6
2
Governan
ce
Tools and
Technology
Updated,
innovative,
and
accessible
tools and
technology
Existing
goal
Metric % of employees that
complete cyber
security training
Existing Carry over
to 2023
% of employees that
complete cyber
security training
Governan
ce
Safe and
Inviting
Workspace
s
Promote
safe and
inviting
workspaces
for allcity
employees
Existing
goal
Key
Project
Develop a strategy to
evaluate co-working
spaces
Existing Carry over
to 2023
Develop a strategy to
evaluate co-working
spaces
Governan
ce
Safe and
Inviting
Workspace
s
Promote
safe and
inviting
workspaces
for allcity
employees
Existing
goal
Key
Project
Improve at least one
break area in city
facilities
Existing Carry over
to 2023
Improve at least one
break area in city
facilities
Governan
ce
Community
Engagemen
t
Effective
community
engagement
to increase
trust,
service
delivery,
and
organization
al
bandwidth
Existing
goal
Key
Project
Create a strategic plan
for social media
Existing Carry over
to 2023
Create a strategic plan
for social media
Pa
g
e
3
8
4
o
f
4
6
2
Governan
ce
Community
Engagemen
t
Effective
community
engagement
to increase
trust,
service
delivery,
and
organization
al
bandwidth
Existing
goal
Metric # of documented uses
of the city's
Community
Engagement Plan
Existing Carry over
to 2023
# of documented uses
of the city's
Community
Engagement Plan
Governan
ce
Diversity
and
Inclusion
Integrate
diversity
and
inclusion
concepts
Existing
goal
Key
Project
Complete the draft
development of a
Diversity, Equity, and
Inclusion Plan
Existing Completed
in 2022
(Change to
new
project)
Implement the
Diversity, Equity, and
Inclusion Plan
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish a peer to
peer recogntion
program
Existing Carry over
to 2023
Establish a peer to
peer recogntion
program
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish employee
groups and clubs
Existing Carry over
to 2023
Establish employee
groups and clubs
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish a holiday
lunch
Existing Completed
in 2022
Pa
g
e
3
8
5
o
f
4
6
2
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish themed
recognition events
Existing Completed
in 2022
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish annual spirit
week
Existing Completed
in 2022
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish innovation
grant program
Existing Carry over
to 2023
Establish innovation
grant program
Governan
ce
Employee
Recognitio
n
Meaningful
recognition
of
employees
Existing
goal
Key
Project
Establish monetary
reward/ spot bonus
program
Existing Completed
in 2022
Governan
ce
Recruitmen
t
Develop and
implement
innovative
strategies to
recruit
talent
Existing
goal
Key
Project
Develop a recruitment
plan and strategy
Existing Completed
in 2022
Governan
ce
Recruitmen
t
Develop and
implement
innovative
strategies to
recruit
talent
Existing
goal
Project
in
Develop
ment
Evaluate strategies to
encourage more
Englewood residents
to apply for and
accept jobs with the
city
Existing Carry over
to 2023
Evaluate strategies to
encourage more
Englewood residents
to apply for and
accept jobs with the
city Pa
g
e
3
8
6
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Reduce the
Risk of
Flooding
Implement
planning,
processes,
and projects
to reduce
the risk of
flooding in
the city
Existing
goal
Key
Project
Complete a city-wide
small storm sewer
system cleaning
Existing Carry over
to 2023
Complete a city-wide
small storm sewer
system cleaning
Infrastruct
ure and
Transport
ation
Reduce the
Risk of
Flooding
Implement
planning,
processes,
and projects
to reduce
the risk of
flooding in
the city
Existing
goal
Key
Project
Clean and televise a
potion of the large
storm water cleaning
Existing Carry over
to 2023
Clean and televise a
potion of the large
storm water cleaning
Infrastruct
ure and
Transport
ation
Reduce the
Risk of
Flooding
Implement
planning,
processes,
and projects
to reduce
the risk of
flooding in
the city
Existing
goal
Key
Project
Complete
construction of
Acoma Area Phase 2
storm sewer
improvements
Existing Completed
in 2022
Infrastruct
ure and
Transport
ation
Reduce the
Risk of
Flooding
Implement
planning,
processes,
and projects
to reduce
the risk of
Existing
goal
Key
Project
Begin construction of
the South Englewood
Storm Sewer Outfall
project
Existing Carry over
to 2023
Begin construction of
the South Englewood
Storm Sewer Outfall
project
Pa
g
e
3
8
7
o
f
4
6
2
flooding in
the city
Infrastruct
ure and
Transport
ation
Sewer
Infrastruct
ure
Proactively
in a cost
effective
manner
invests,
maintains,
improves,
and plans to
protect
water
infrastructut
re
Existing
goal
Key
Project
Implement the South
Platte Renew (SPR)
strategic plan
Existing Carry over
to 2023
Implement the South
Platte Renew (SPR)
strategic plan
Infrastruct
ure and
Transport
ation
Sewer
Infrastruct
ure
Proactively
in a cost
effective
manner
invests,
maintains,
improves,
and plans to
protect
water
infrastructut
re
Existing
goal
Metric % of biochemical
oxygen demand
removal throughout
the planet
Existing Carry over
to 2023
% of biochemical
oxygen demand
removal throughout
the planet
Pa
g
e
3
8
8
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Sewer
Infrastruct
ure
Proactively
in a cost
effective
manner
invests,
maintains,
improves,
and plans to
protect
water
infrastructut
re
Existing
goal
Metric Voluntary incentive
program for nutrient
reduction
Existing Carry over
to 2023
Voluntary incentive
program for nutrient
reduction
Infrastruct
ure and
Transport
ation
Sewer
Infrastruct
ure
Proactively
in a cost
effective
manner
invests,
maintains,
improves,
and plans to
protect
water
infrastructut
re
Existing
goal
Metric Road mile equivalent
of cleaned biogas and
tons of CO2 diverted
from atmosphere
Existing Carry over
to 2023
Road mile equivalent
of cleaned biogas and
tons of CO2 diverted
from atmosphere
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
Existing
goal
Key
Project
Construct the
Dartmouth Bridge
Widening Project
Existing Carry over
to 2023
Construct the
Dartmouth Bridge
Widening Project
Pa
g
e
3
8
9
o
f
4
6
2
sustainable,
and cost-
effective
manner
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goal
Key
Project
Begin construction on
US 285/ Broadway
interchange
Existing Carry over
to 2023
Begin construction on
US 285/ Broadway
interchange
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goal
Key
Project
Construction of the
Oxford Pedestrian
Bridge
Existing Carry over
to 2023
Construction of the
Oxford Pedestrian
Bridge
Pa
g
e
3
9
0
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goal
Key
Project
US 285 Congestion
Mitigation Study
Existing Carry over
to 2023
US 285 Congestion
Mitigation Study
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goal
Key
Project
Upgrade a minimum
of 40 pedestrian
ramps per year to
work towards ADA
guidelines
Existing Completed
in 2022
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
Existing
goal
Key
Project
Construct prioritized
missing sidewalk
segments, as funding
allows
Existing Completed
in 2022
Pa
g
e
3
9
1
o
f
4
6
2
effective
manner
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goal
Key
Project
Conduct annual
pavement
maintenance
Existing Completed
in 2022
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goelop
ment
Key
Project
Finalize development
of comprehensive
Capital Improvement
Plan
Existing Completed
in 2022
Pa
g
e
3
9
2
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion
Infrastruct
ure
Invest in
protecting
transportati
on
infrastructur
e in an
innovative,
sustainable,
and cost-
effective
manner
Existing
goal
Project
in
Develop
ment
Complete pothole
repairs within 48
hours of notification
and quality of repair
inspection will be
completed within 30
days
Existing Carry over
to 2023
Complete pothole
repairs within 48
hours of notification
and quality of repair
inspection will be
completed within 30
days
Infrastruct
ure and
Transport
ation
Sustainable
Infrastruct
ure
Funding
Comprehens
ive and
long-term
funding
structures
to support
investments
in
infrastructur
e
Existing
goal
Key
Project
Dissolve the
Englewood
Environmental
Foundation (EEF) and
pay off debt
Existing Carry over
to 2023
Dissolve the
Englewood
Environmental
Foundation (EEF) and
pay off debt
Infrastruct
ure and
Transport
ation
Sustainable
Infrastruct
ure
Funding
Comprehens
ive and
long-term
funding
structures
to support
investments
in
Existing
goal
Key
Project
Complete bonding
and grant applications
to support water,
sewer, and
stormwater initaitives
Existing Completed
in 2022
Pa
g
e
3
9
3
o
f
4
6
2
infrastructur
e
Infrastruct
ure and
Transport
ation
Sustainable
Infrastruct
ure
Funding
Comprehens
ive and
long-term
funding
structures
to support
investments
in
infrastructur
e
Existing
goal
Key
Project
Close on Water and
Infrastructure Finance
and Innovation Act
(WIFIA) loan
Existing Completed
in 2022
Infrastruct
ure and
Transport
ation
Sustainable
Infrastruct
ure
Funding
Comprehens
ive and
long-term
funding
structures
to support
investments
in
infrastructur
e
Existing
goal
Metric 80% of capital
projects completed
within the project
budget
Existing Carry over
to 2023
80% of capital
projects completed
within the project
budget
Pa
g
e
3
9
4
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Effectively
Manage
Assets
Develop and
implement
processes
and plans to
strategically
track and
maintain
assets
Existing
goal
Complete asset
inventory of three
assets
Existing Carry over
to 2023
Complete asset
inventory of three
assets
Infrastruct
ure and
Transport
ation
Effectively
Manage
Assets
Develop and
implement
processes
and plans to
strategically
track and
maintain
assets
Existing
goal
Metric Respond to all citizen
complaints with an
acknowledgement
within two business
days
Existing Carry over
to 2023
Respond to all citizen
complaints with an
acknowledgement
within two business
days
Infrastruct
ure and
Transport
ation
Effectively
Manage
Assets
Develop and
implement
processes
and plans to
strategically
track and
maintain
assets
Existing
goal
Metric Complete 80% of all
work requests
received from citizens
within fifteen business
days
Existing Carry over
to 2023
Complete 80% of all
work requests
received from citizens
within fifteen business
days
Infrastruct
ure and
Transport
ation
Multi-
Modal
Transporta
tion
Ensure
access and
increased
opportunitie
s for multi-
modal
Existing
goal
Key
Project
Require green buffers
between the street
and the sidewalk for
safety
Existing Carry over
to 2023
Require green buffers
between the street
and the sidewalk for
safety
Pa
g
e
3
9
5
o
f
4
6
2
transportati
on
Infrastruct
ure and
Transport
ation
Multi-
Modal
Transporta
tion
Ensure
access and
increased
opportunitie
s for multi-
modal
transportati
on
Existing
goal
Key
Project
Finalize and
implement scooter
pilot program
Existing Carry over
to 2023
Finalize and
implement scooter
pilot program
Infrastruct
ure and
Transport
ation
Multi-
Modal
Transporta
tion
Ensure
access and
increased
opportunitie
s for multi-
modal
transportati
on
Existing
goal
Key
Project
Implement
components of Walk
and Wheel Plan
Existing Carry over
to 2023
Implement
components of Walk
and Wheel Plan
Infrastruct
ure and
Transport
ation
Multi-
Modal
Transporta
tion
Ensure
access and
increased
opportunitie
s for multi-
modal
transportati
on
Existing
goal
Key
Project
Provide wayfinding
and placemaking
elements such as
creative crosswalks in
commercial areas
Existing Carry over
to 2023
Provide wayfinding
and placemaking
elements such as
creative crosswalks in
commercial areas
Pa
g
e
3
9
6
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Review dangerous
intersections as part
of the Englewood
Transportation
Advisory Committee
(ETAC)
Existing Carry over
to 2023
Review dangerous
intersections as part
of the Englewood
Transportation
Advisory Committee
(ETAC)
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Complete Walkability
Maps for three
schools
Existing Carry over
to 2023
Complete Walkability
Maps for three
schools
Pa
g
e
3
9
7
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Identify and
implement initial/
quick strive initiatives
to improve safety/
awareness
Existing Completed
in 2022
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Work towards
completion of the
Neighborhood Traffic
Calming program
Existing Carry over
to 2023
Work towards
completion of the
Neighborhood Traffic
Calming program
Pa
g
e
3
9
8
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Institutionalize Vision
Zero through the
establishment of an
internal committee to
review crash data and
make
recommendations to
implement changes
New New for
2023
Institutionalize Vision
Zero through the
establishment of an
internal committee to
review crash data and
make
recommendations to
implement changes
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Partner with
Englewood Public
Schools to develop
and share Safe Routes
to School and on
transportation safety
enhancements
New New for
2023
Partner with
Englewood Public
Schools to develop
and share Safe Routes
to School and on
transportation safety
enhancements
Pa
g
e
3
9
9
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Transparently provide
the public with
information on
transportation safety
enhancements,
pathways to request
signs, markings and
signals; and
information on how to
make decisions on
signs, markings, and
signals
New New for
2023
Transparently provide
the public with
information on
transportation safety
enhancements,
pathways to request
signs, markings and
signals; and
information on how to
make decisions on
signs, markings, and
signals
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Perform engineering
reviews at traffic
fatality and high
collision intersections
to identify risk factors
New New for
2023
Perform engineering
reviews at traffic
fatality and high
collision intersections
to identify risk factors
Pa
g
e
4
0
0
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Develop and
implement
infrastructure policies
to reduce traffic
fatalities and serious
injuries
New New for
2023
Develop and
implement
infrastructure policies
to reduce traffic
fatalities and serious
injuries
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Continue to develop
bike and pedestrian-
friendly
transportation routes
and options that
include safety
elements
New New for
2023
Continue to develop
bike and pedestrian-
friendly
transportation routes
and options that
include safety
elements
Pa
g
e
4
0
1
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Utilize crash and other
transportation data to
evaluate and promote
safe speeds
New New for
2023
Utilize crash and other
transportation data to
evaluate and promote
safe speeds
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
Create a culture of
transportation safety
through
communications and
marketing campaigns
designed to engage
and educate
community members
on ways to be safe
while in transit
New New for
2023
Create a culture of
transportation safety
through
communications and
marketing campaigns
designed to engage
and educate
community members
on ways to be safe
while in transit
Pa
g
e
4
0
2
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Transporta
tion Safety
Through
collaboratio
n,
thoughtful
investment,
and
strategeic
planning,
aim for a
goal of zero
transporatio
n-related
fatalities
and serious
injuries
Existing
goal-
new
descript
ion
Key
Project
review and strengthen
traffic safety
enforcement policies
and practices
New New for
2023
review and strengthen
traffic safety
enforcement policies
and practices
Infrastruct
ure and
Transport
ation
Water
Infrastruct
ure and
Rights
Change to
"Drinking
Water
Infrastructur
e Resiliency"
Modifie
d goal
Key
Project
Develop and
implement a plan to
replace lead piping
Existing Carry over
to 2023
Develop and
implement a plan to
replace lead piping
Infrastruct
ure and
Transport
ation
Water
Infrastruct
ure and
Rights
Change to
"Drinking
Water
Infrastructur
e Resiliency"
Modifie
d goal
Project
in
Develop
ment
Explore opportunities
to secure funding to
replace lead service
lines
Existing Carry over
to 2023
Explore opportunities
to secure funding to
replace lead service
lines
Pa
g
e
4
0
3
o
f
4
6
2
Infrastruct
ure and
Transport
ation
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Project
in
Develop
ment
Evaluate
opportuniteis for
incorporating water
quality improvements
in public
infrastructure projects
Existing Carry over
to 2023-
Moved
from
Sustainabili
ty
Evaluate
opportuniteis for
incorporating water
quality improvements
in public
infrastructure projects
Infrastruct
ure and
Transport
ation
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Project
in
Develop
ment
Identify opportunities
for new emergency
interconnections with
Denver Water
Existing Carry over
to 2023-
Moved
from
Sustainabili
ty
Identify opportunities
for new emergency
interconnections with
Denver Water
Economy Business
Retention
Develop,
implement,
and
maintain
programs
designed to
retain
businesses
in
Englewood
Existing
goal
Metric # of meetings with
property owners
about why properties
are vacant
Existing Carry over
to 2023
# of meetings with
property owners
about why properties
are vacant
Economy Business
Retention
Develop,
implement,
and
maintain
programs
designed to
retain
Existing
goal
Metric # of exit interviews
with companies
closing or leaving
Englewood
Existing Carry over
to 2023
# of exit interviews
with companies
closing or leaving
Englewood
Pa
g
e
4
0
4
o
f
4
6
2
businesses
in
Englewood
Economy Business
Retention
Develop,
implement,
and
maintain
programs
designed to
retain
businesses
in
Englewood
Existing
goal
Project
in
Develop
ment
Investigate vacancy
fees to disincentivize
leaving buildings
vacant
Existing Carry over
to 2023
Investigate vacancy
fees to disincentivize
leaving buildings
vacant
Economy Business
Retention
Develop,
implement,
and
maintain
programs
designed to
retain
businesses
in
Englewood
Existing
goal
Key
Project
Amend grant
programs to allow
more eligible costs
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Amend grant
programs to allow
more eligible costs
Economy Business
Retention
Develop,
implement,
and
maintain
programs
designed to
Existing
goal
Key
Project
Host an annual lender
forum on small
business and
microlending
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Host an annual lender
forum on small
business and
microlending
Pa
g
e
4
0
5
o
f
4
6
2
retain
businesses
in
Englewood
Economy Commercia
l Corridor
Vibrancy
Support the
vibrancy of
commercial
districts
throughout
the city
Existing
goal
Key
Project
Continue to support
the implementation
and development of
the Downtown
Development
Authority
Existing Carry over
to 2023
Continue to support
the implementation
and development of
the Downtown
Development
Authority
Economy Commercia
l Corridor
Vibrancy
Support the
vibrancy of
commercial
districts
throughout
the city
Existing
goal
Key
Project
Coordinate Small
Business Saturday
with other entities
Existing Modify for
2023
Coordinate small
business initiatives
with the Greater
Englewood Chamber
of Commerce, per
agreement between
the Greater
Englewood Chamber
of Commerce and the
city
Economy Commercia
l Corridor
Vibrancy
Support the
vibrancy of
commercial
districts
throughout
the city
Existing
goal
Metric # of larger (businesses
with more than 25
full-time employees)
that locate to
Englewood
Existing Carry over
to 2023
# of larger (businesses
with more than 25
full-time employees)
that locate to
Englewood
Pa
g
e
4
0
6
o
f
4
6
2
Economy Commercia
l Corridor
Vibrancy
Support the
vibrancy of
commercial
districts
throughout
the city
Existing
goal
Key
Project
Designate a city
stakeholder
representative in the
South Broadway
Corridor Study
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Designate a city
stakeholder
representative in the
South Boradway
Corridor Study
Economy Commercia
l Corridor
Vibrancy
Supported
the vibrancy
of
commercial
districts
throghout
the city
Existing
goal
Key
Project
Develop a strategy to
address safety
perceptions in
commercial corridors
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Develop a strategy to
address safety
perceptions in
commercial corridors
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Key
Project
Review and move
towards adoption of
the 2022 Unified
Development Code
(Title 16)
Existing Carry over
to 2023
Review and move
towards adoption of
the 2022 Unified
Development Code
(Title 16)
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Key
Project
Complete Economic
Development
Strategic Plan
Existing Completed
in 2022
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Key
Project
Optimize the city
Economic
Development website
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Optimize the city
Economic
Development website
Pa
g
e
4
0
7
o
f
4
6
2
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric # of new businesses Existing Carry over
to 2023
# of new businesses
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric # of building permits
issued
Existing Carry over
to 2023
# of building permits
issued
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric % of building
inspections performed
within 36 hours of
request
Existing Carry over
to 2023
% of building
inspections performed
within 36 hours of
request
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric % of zoning
envorcement actions
completed within 20
days of filing
Existing Carry over
to 2023
% of zoning
envorcement actions
completed within 20
days of filing
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric % of development
plan reviews
completed within 30
days from application
Existing Carry over
to 2023
% of development
plan reviews
completed within 30
days from application
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric Average time to
respond to a citizen
applicant request
related to licensing
Existing Carry over
to 2023
Average time to
respond to a citizen
applicant request
related to licensing
Pa
g
e
4
0
8
o
f
4
6
2
Economy Business
Climate
Ensre a pro-
business
climate
Existing
goal
Key
Project
Develop an outreach
strategy to increase
representation in
Economic
Development
Organizations (EDOs)
and participation in
economic
development
programs form
historically
underrepresented
people
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Develop an outreach
strategy to increase
representation in
Economic
Development
Organizations (EDOs)
and participation in
economic
development
programs form
historically
underrepresented
people
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Metric # of in-person
customer feedback
sessions with
economic
development program
clients
Existing Carry over
to 2023
# of in-person
customer feedback
sessions with
economic
development program
clients
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Key
Project
Amend event and
food truck permitting
processes
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Amend event and
food truck permitting
processes
Pa
g
e
4
0
9
o
f
4
6
2
Economy Business
Climate
Ensure a
pro-
business
climate
Existing
goal
Key
Project
Create a process or
communication chain
to respond to site
selection inquiries and
other economic
development leads
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Create a process or
communication chain
to respond to site
selection inquiries and
other economic
development leads
Economy cityCenter
Redevelop
ment
Redevelop
and densify
cityCenter
Existing
goal
Key
Project
Master Development
Agreement for
redevelopment of
cityCenter
Existing Remove for
2023
Economy cityCenter
Redevelop
ment
Redevelop
and densify
cityCenter
Existing
goal
Key
Project
Facilitate the
sale/transfer of LNR
controlled properties
by the end of the third
quarter
Existing Remove for
2023
Economy cityCenter
Redevelop
ment
Redevelop
and densify
cityCenter
Existing
goal
Key
Project
If a hotel is not
feasible at cityCenter,
explore alternate
locations in the
central portion of the
city
Existing Remove for
2023
Economy cityCenter
Redevelop
ment
Redevelop
and densify
cityCenter
Existing
goal
Key
Project
Select a new
development partner
for cityCenter
New- from
Economic
Developmen
t Strategic
Plan
New for
2023
Select a new
development partner
for cityCenter
Pa
g
e
4
1
0
o
f
4
6
2
Economy Job
Training
and
Workforce
Developme
nt
Supporting
programs to
support job
training and
workforce
developmen
t
Existing
goal
Key
Project
Continue and monitor
existing job training
programs
Existing Carry over
to 2023
Continue and monitor
existing job training
programs
Economy Job
Traininga
and
Workforce
Developme
nt
Supporting
programs to
support job
training and
workforce
developmen
t
Existing
goal
Key
Project
Explore opportunities
for educational and
training facilities and
conduct programs in
Englewood
Existing Carry over
to 2023
Explore opportunities
for educational and
training facilities and
conduct programs in
Englewood
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Key
Project
Finalize and publicize
new neighborhood
map
Existing Completed
in 2022
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Key
Project
Implement
neighborhood sinage
program
Existing Carry over
to 2023
Pa
g
e
4
1
1
o
f
4
6
2
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Key
Project
Create a strategic
communications plan
for neighborhood
resources
Existing Carry over
to 2023
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Key
Project
Create a
neighborhood grant
program
Existing Completed
in 2022-
Change to a
metric- # of
grant
application
s each year
Metric- # of grant
applications each year
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Metric # of completed
mediations
Existing Carry over
to 2023
# of completed
mediations
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Metric # of (and dollar
amount)) of "get to
know our neighbor"
grants
Existing Carry over
to 2023
# of (and dollar
amount)) of "get to
know our neighbor"
grants
Pa
g
e
4
1
2
o
f
4
6
2
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Metric # of neighborhood
group leaders
Existing Carry over
to 2023
# of neighborhood
group leaders
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Metric # of neighbor to
neighbor programs
Existing Carry over
to 2023
# of neighbor to
neighbor programs
Neighborh
oods
Neighbor
to
Neighbor
Connection
s
Ensure
neighbors
are
connected
to one
another
Existing
goal
Metric # of neighborhood
meetings with law
enforcement/ code
enforcement
presentations
Existing Carry over
to 2023
# of neighborhood
meetings with law
enforcement/ code
enforcement
presentations
Neighborh
oods
Community
Engagemen
t
Engage the
community
through
delibarate
engagement
and
volunteer
opportunitie
s
Existing
goal
Key
Project
Establish a formal
volunteer
management program
Existing Completed
in 2022-
Change to a
metric- %
of
Englewood
employees
participatin
g in the
EngleCares
program
Metric- % of city of
Englewood employees
participating in the
EngleCares program
Pa
g
e
4
1
3
o
f
4
6
2
Neighborh
oods
Community
Engagemen
t
Engage the
community
through
delibarate
engagement
and
volunteer
opportunitie
s
Existing
goal
Metrc % of
documents/programs
/processes involving
community
engagement that
utilize Englewood
Engaged to solicit
input from the public
Existing Carry over
to 2023
% of
documents/programs
/processes involving
community
engagement that
utilize Englewood
Engaged to solicit
input from the public
Neighborh
oods
Neighborh
ood
Aesthetics
Promote
and
encourage
the
beautificatio
n,
cleanliness,
and code
compliance
in
neighborho
ods and the
city overall
Existing
goal
Metric % of total code
cocmplaints received
through EngleFix
Existing Carry over
to 2023
% of total code
cocmplaints received
through EngleFix
Neighborh
oods
Neighborh
ood
Aesthetics
Promote
and
encourage
the
beautificatio
n,
cleanliness,
and code
Existing
goal
Metric % of violations abated
after Notice of
Violations
Existing Carry over
to 2023
% of violations abated
after Notice of
Violations
Pa
g
e
4
1
4
o
f
4
6
2
compliance
in
neighborho
ods and the
city overall
Neighborh
oods
Neighborh
ood
Aesthetics
Ensure
community
and city
events are
shared
throughout
the city
through a
variety of
methods
Existing
goal
Project
in
Develop
ment
Explore grant and
other funding
opportunities that
focus on
neighborhood
beautification
New idea
from
Council
Retreat
(Sierra)
New for
2023
Explore grant and
other funding
opportunities that
focus on
neighborhood
beautification
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
the city
through a
variety of
methods
Existing
goal
Key
Project
Create a strategic plan
for social media
Existing Completed
in 2022
Pa
g
e
4
1
5
o
f
4
6
2
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
the city
through a
variety of
methods
Existing
goal
Key
Project
Publish four issues of
the Citizen Magazine
Existing Completed
in 2022-
Change to a
metric- %
of
Englewood
Magazines
published
on time
and on
budget
METRIC- % of
Englewood Magazines
published on time and
on budget
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
the city
through a
variety of
methods
Existing
goal
Metric # of video views Existing Carry over
to 2023
# of video views
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
the city
through a
Existing
goal
Metric # of social media
followers
Existing Carry over
to 2023
# of social media
followers
Pa
g
e
4
1
6
o
f
4
6
2
variety of
methods
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
the city
through a
variety of
methods
Existing
goal
Metric # of email subscribers Existing Carry over
to 2023
# of email subscribers
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
the city
through a
variety of
methods
Existing
goal
Metric # of Polco subscribers Existing Carry over
to 2023
# of Polco subscribers
Neighborh
oods
Communic
ations
Ensure
community
and city
events are
shared
throughout
Existing
goal
Metric Website scores Existing Carry over
to 2023
Website scores
Pa
g
e
4
1
7
o
f
4
6
2
the city
through a
variety of
methods
Neighborh
oods
Neighborh
ood Equity
Promote,
invest in,
and
celebrate
neighborho
ods across
the city
New
goal for
2023
Key
Project
Hold a recognition
event for the
reopening of Baker
Park
New idea
from
Council
Retreat
(Woodward)
New for
2023
Hold a recognition
event for the
reopening of Baker
Park
Neighborh
oods
Neighborh
ood Equity
Promote,
invest in,
and
celebrate
neighborho
ods across
the city
New
goal for
2023
Key
Project
Create a program to
recognize and
celebrate different
areas of the city
New idea
from
Council
Retreat
(Nunnenka
mp)
New for
2023
Create a program to
recognize and
celebrate different
areas of the city
Safety Innovate in
Policing
Review best
practices
from other
cities and
continuousl
y innovate
Existing
goal
Key
Project
Hiring of community
relations/ crime
prevention
coordinator
Existing Completed
in 2022
Pa
g
e
4
1
8
o
f
4
6
2
Safety Innovate in
Policing
Review best
practices
from other
cities and
continuousl
y innovate
Existing
goal
Key
Project
Provide robust
training and
development for
officers to be exposed
to innovations in
policing
Existing Completed
in 2022
Safety Innovate in
Policing
Review best
practices
from other
cities and
continuousl
y innovate
Existing
goal
Key
Project
Create protocols to
work witht eh
dispatch center to
divert mental health
calls to crisis team
Existing Completed
in 2022
Safety Innovate in
Policing
Review best
practices
from other
cities and
continuousl
y innovate
Existing
goal
Metric Average # of
participants at
community outreach
events
Existing Carry over
to 2023
Average # of
participants at
community outreach
events
Safety Innovate in
Policing
Review best
practices
from other
cities and
continuousl
y innovate
Existing
goal
Project
in
Develop
ment
Evaluate and review
the success of the Co-
Responder program
Existing Carry over
to 2023
Evaluate and review
the success of the Co-
Responder program
Pa
g
e
4
1
9
o
f
4
6
2
Safety Communic
ations and
Community
Engagemen
t
Engage the
community
by actively
providing
information
on incidents
and
proactively
communicat
ing safety
tips and
strategies
New
goal for
2023
Key
Project
Develop new and
innovative strategies
to communicate
information on
incidents in the city
New idea
from
Council
Retreat
(Ward and
Nunnenkam
p)
New for
2023
Develop new and
innovative strategies
to communicate
information on
incidents in the city
Safety Communic
ations and
Community
Engagemen
t
Engage the
community
by actively
providing
information
on incidents
and
proactively
communicat
ing safety
tips and
strategies
New
goal for
2023
Key
Project
Establish specific
events and programs
to engage the
community in
strategies to be safe
and reduce crime
New idea
from
Council
Retreat
(Ward and
Nunnenkam
p)
New for
2023
Establish specific
events and programs
to engage the
community in
strategies to be safe
and reduce crime
Pa
g
e
4
2
0
o
f
4
6
2
Safety Communic
ations and
Community
Engagemen
t
Engage the
community
by actively
providing
information
on incidents
and
proactively
communicat
ing safety
tips and
strategies
New
goal for
2023
Key
Project
Hold the Police
Citizen's Academy
Inclusion of
existing
program in
the strategic
plan
New for
2023
Hold the Police
Citizen's Academy
Safety Communic
ations and
Community
Engagemen
t
New
goal for
2023
Metric # of participants at
"Coffee with a Cop"
and related events
New idea to
measure
success of
revamped
program
New for
2023
# of participants at
"Coffee with a Cop"
and related events
Safety Communic
ations and
Community
Engagemen
t
Engage the
community
by actively
providing
information
on incidents
and
proactively
communicat
ing safety
tips and
strategies
New
goal for
2023
Key
Project
Develop and
implement strategies
to expand
participation in
National night Out
New idea
from
Council
Retreat
(Woodward)
New for
2023
Develop and
implement strategies
to expand
participation in
National night Out
Pa
g
e
4
2
1
o
f
4
6
2
Safety Building
and Place
Safety
Ensure the
safety of
public
buildings
and spaces
Existing
goal
Key
Project
Implement the
recommendations of
the Crime Prevention
through
Environmental Design
(CPTED) audit with
available funding and
staffing resources
Existing Carry over
to 2023
Implement the
recommendations of
the Crime Prevention
through
Environmental Design
(CPTED) audit with
available funding and
staffing resources
Safety Building
and Place
Safety
Ensure the
safety of
public
buildings
and spaces
Existing
goal
Project
in
Develop
ment
Consider CPTED
approach for new
buildings in the city
New idea
from
Council
Retreat
(Sierra)
New for
2023
Consider CPTED
approach for new
buildings in the city
Safety Public
Safety
Services
Invest in
high-quality
policing and
other public
safety
services
Existing
goal
Key
Project
Apply for and receive
re-accreditation
through the Colorado
Association of Chiefs
of Police
Existing Carry over
to 2023
Apply for and receive
re-accreditation
through the Colorado
Association of Chiefs
of Police
Safety Public
Safety
Services
Invest in
high-quality
policing
nand other
public safety
services
Existing
goal
Metric X% of victims
contacted within X
business days by
Victims Assistance
Existing Carry over
to 2023
X% of victims
contacted within X
business days by
Victims Assistance
Pa
g
e
4
2
2
o
f
4
6
2
Safety Public
Safety
Services
Invest in
high-quality
policing
nand other
public safety
services
Existing
goal
Metric Average case
clearance rate (Patrol
and Investigations)
Existing Carry over
to 2023
Average case
clearance rate (Patrol
and Investigations)
Safety Policing
Policies
and
Legitimacy
Collect data
on and
make
recommend
ations
related to
policing
policies and
legitimizing
the role of
policing
Existing
goal
Key
Project
Collect data on and
make
recommendations
related to policing and
legitimizing the role of
policing
Existing Carry over
to 2023
Collect data on and
make
recommendations
related to policing and
legitimizing the role of
policing
Safety Policing
Policies
and
Legitimacy
Collect data
on and
make
recommend
ations
related to
policing
policies and
legitimizing
the role of
policing
Existing
goal
Metric % of staff trained on
departmental policies
and procedures
Existing Carry over
to 2023
% of staff trained on
departmental policies
and procedures
Pa
g
e
4
2
3
o
f
4
6
2
Safety Policing
Policies
and
Legitimacy
Collect data
on and
make
recommend
ations
related to
policing
policies and
legitimizing
the role of
policing
Existing
goal
Project
in
Develop
ment
Consider use of force
policy
Existing Carry over
to 2023
Consider use of force
policy
Safety Policing
Policies
and
Legitimacy
Collect data
on and
make
recommend
ations
related to
policing
policies and
legitimizing
the role of
policing
Existing
goal
Key
Project
Develop and
implement strategies
that focus on officer
safety
New idea
from
Council
Retreat
(Wink)
New for
2023
Develop and
implement strategies
that focus on officer
safety
Safety Responding
to
Emergencie
s
Effectively
prepares for
and
responds to
emergencies
Existing
goal
Key
Project
Develop and
implement emergency
management training
program
Existing Completed
in 2022
Develop and
implement emergency
management training
program
Pa
g
e
4
2
4
o
f
4
6
2
Safety Responding
to
Emergencie
s
Effectively
prepares for
and
responds to
emergencies
Existing
goal
Key
Project
Develop a roster of
personnel to lead and
staff each section of
an emergency
operations center
(EOC)
New New for
2023
Develop a roster of
personnel to lead and
staff each section of
an emergency
operations center
(EOC)
Safety Responding
to
Emergencie
s
Effectively
prepares for
and
responds to
emergencies
Existing
goal
Metric % of staff meeting
Federal Emergency
Management (FEMA)
recommended
training requirements
Existing Carry over
to 2023
% of staff meeting
Federal Emergency
Management (FEMA)
recommended
training requirements
Sustainabi
lity
Air Quality Improve
public
health
outcomes
through
better air
quality
Existing
goal
Key
Project
Monitor air quality
through regional
partners and use of
technology
Existing Completed
in 2022
Sustainabi
lity
Air Quality Improve
public
health
outcomes
through
better air
quality
Existing
goal
Key
Project
Measure, track and
publicize the city's
greenhouse gas
emissions inventory
Existing Completed
in 2022
Pa
g
e
4
2
5
o
f
4
6
2
Sustainabi
lity
Air Quality Improve
public
health
outcomes
through
better air
quality
Existing
goal
Key
Project
Place air quality
health information on
the Englewood.gov
website in both
English and Spanish
Existing Completed
in 2022
Sustainabi
lity
Air Quality Improve
public
health
outcomes
through
better air
quality
Existing
goal
Key
Project
Increase education
and outreach around
how to stay safe
during bad air quality
days
Existing Carry over
to 2023
Increase education
and outreach around
how to stay safe
during bad air quality
days
Sustainabi
lity
Air Quality Improve
public
health
outcomes
through
better air
quality
Existing
goal
Key
Project
Distribute
communication
around proper
ventiliation near gas
stoves
New New for
2023
Distribute
communication
around proper
ventiliation near gas
stoves
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
Existing
goal
Key
Project
Develop and
implement
comprehensive
Capital Improvement
Plan (CIP)
Existing Carry over
to 2023
Develop and
implement
comprehensive
Capital Improvement
Plan (CIP)
Pa
g
e
4
2
6
o
f
4
6
2
ecological
manner
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Key
Project
Develop a
comprehensive asset
management program
Existing Completed
in 2022
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Key
Project
Investigate EV-ready,
PV-ready, and
electric-ready wiring
amendments as part
of the Energy
Conservation Code
Existing Carry over
to 2023
Investigate EV-ready,
PV-ready, and
electric-ready wiring
amendments as part
of the Energy
Conservation Code
Pa
g
e
4
2
7
o
f
4
6
2
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Key
Project
Measure, track, and
reduce carbon
emissions from city-
owned, residential
and commercial
Existing Carry over
to 2023
Measure, track, and
reduce carbon
emissions from city-
owned, residential
and commercial
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Key
Project
Revise demolition
permits, including
required containment
plans for lead
asbestos
Existing Remove for
2023
Staff believes that this
is overseen by the
state and federal
government without
local control
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Project
in
Develop
ment
Evaluate financial
model supporting
sustainability and
infrastructure and
communicate
necessary
alternatives, if
applicable
Existing Carry over
to 2023
Evaluate financial
model supporting
sustainability and
infrastructure and
communicate
necessary
alternatives, if
applicable
Pa
g
e
4
2
8
o
f
4
6
2
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Project
in
Develop
ment
Improve energy
efficiency in the
building code
Existing-
Change to a
metric (as
part of the
recommend
ations of the
Sustainabilit
y
Commission
)
Carry over
to 2023
Metric- improve
energy efficiency in
new construction by
9% or better than the
base code
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Project
in
Develop
ment
Continue to pursue
green building code
Existing Carry over
to 2023
Continue to pursue
green building code
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Project
in
Develop
ment
Explore reducing wait
list for residential E3
program by
supplementing CDBG
funds with General
Fund dollars to the
extent allowed by
federal guidelines
Existing-
Move to
Energy (as
part of the
recommend
ations of the
Sustainabilit
y
Commission
)
Carry over
to 2023
Explore reducing wait
list for residential E3
program by
supplementing CDBG
funds with General
Fund dollars to the
extent allowed by
federal guidelines
Pa
g
e
4
2
9
o
f
4
6
2
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Metric % of city-owned
assets included in
asset management
system
Existing Carry over
to 2023
% of city-owned
assets included in
asset management
system
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Metric Implement improved
park design through
park renovation and
park design
Existing Carry over
to 2023
Implement improved
park design through
park renovation and
park design
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Metric % of waitlisted E3
program participants
removed from waitlist
Existing Carry over
to 2023
% of waitlisted E3
program participants
removed from waitlist
Pa
g
e
4
3
0
o
f
4
6
2
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Metric % of neighborhood
grant projects that
related to
beautification
Existing Carry over
to 2023
% of neighborhood
grant projects that
related to
beautification
Sustainabi
lity
Built
Environme
nt and
Infrastruct
ure
Infrastructur
e designed
and
maintained
in an
economic,
equitable,
and
ecological
manner
Existing
goal
Metric % reduction in carbon
emissions from city-
owned, residential,
and commercial
buildings of
Englewood
Existing Carry over
to 2023
% reduction in carbon
emissions from city-
owned, residential,
and commercial
buildings of
Englewood
Sustainabi
lity
Community
Resilience
A
community
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Key
Project
Create neighborhood
grant programs to
promote
beautification, service
projects,
neighborhood
identification, events,
etc.
Existing Completed
in 2022
Pa
g
e
4
3
1
o
f
4
6
2
Sustainabi
lity
Community
Resilience
A
community
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Key
Project
Increase climate
change mitigation and
adaptation strategies
and projects,
especially in areas
with the highest
climate change
vulnerability risk
Existing Carry over
to 2023
Increase climate
change mitigation and
adaptation strategies
and projects,
especially in areas
with the highest
climate change
vulnerability risk
Sustainabi
lity
Community
Resilience
A
community
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Key
Project
Investigate creating a
Climate Change
Vulnerability Index
Existing Carry over
to 2023
(change to
Project in
Developme
nt)
Investigate creating a
Climate Change
Vulnerability Index
Sustainabi
lity
Community
Resilience
A
community
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Key
Project
Help with education
and financing for turf
replacement with low-
water landscaping, in
alignment with the
introduced bill HB22-
1151 around a turf
replacement program
Existing Carry over
to 2023
Help with education
and financing for turf
replacement with low-
water landscaping, in
alignment with the
introduced bill HB22-
1151 around a turf
replacement program
Pa
g
e
4
3
2
o
f
4
6
2
Sustainabi
lity
Community
Resilience
A
community
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Project
in
Develop
ment
Explore cool roof
requirements
New- (part
of
recommend
ations of the
Sustainabilit
y
Commission
)
New for
2023
Explore cool roof
requirements
Sustainabi
lity
Economic
Resillience
A local
economy
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Metric % of small business
grant recipients
located on South
Broadway
Existing Carry over
to 2023
% of small business
grant recipients
located on South
Broadway
Sustainabi
lity
Economic
Resilience
A local
economy
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Project
in
Develop
ment
Explore the
development,
including a regional
approach, to creating
a green business
program
New New for
2023
Explore the
development,
including a regional
approach, to creating
a green business
program
Pa
g
e
4
3
3
o
f
4
6
2
Sustainabi
lity
Economic
Resilience
A local
economy
that can
foresee,
withstand,
adapt to,
and recover
from
adversity
Existing
goal
Key
Project
Provide assistance to
local businesses in
meeting state
mandates, such as the
ban on single use
plastic bags and the
pending ban on
Styrofoam containers
New New for
2023
Provide assistance to
local businesses in
meeting state
mandates, such as the
ban on single use
plastic bags and the
pending ban on
Styrofoam containers
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Key
Project
Work with the
Coloardo Energy
Office to conduct an
Energy Performance
Audit on major city
facilities
Existing Carry over
to 2023
Work with the
Coloardo Energy
Office to conduct an
Energy Performance
Audit on major city
facilities
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Key
Project
Continue to provide
grants to low and
moderate income
households
Existing Carry over
to 2023
Continue to provide
grants to low and
moderate income
households
Pa
g
e
4
3
4
o
f
4
6
2
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Key
Project
Supplement micro
turbine project
Existing Carry over
to 2023
Supplement micro
turbine project
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Key
Project
Create energy
efficiency outreach
and education plan/
strategy around
reaching low income
areas
Existing Carry over
to 2023
Create energy
efficiency outreach
and education plan/
strategy around
reaching low income
areas
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Key
Project
Pursue SolSmart
designation
Existing Completed
in 2022
Pa
g
e
4
3
5
o
f
4
6
2
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Key
Project
Continue to develop
and improve the E3
program
Existing Completed
in 2022
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Metric % of kWh from
renewable energy
used by city owned
buildings and
operations
Existing Carry over
to 2023
% of kWh from
renewable energy
used by city owned
buildings and
operations
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Metric # of homes receiving
services and efficiency
savings from the E3
project
Existing Carry over
to 2023
# of homes receiving
services and efficiency
savings from the E3
project
Pa
g
e
4
3
6
o
f
4
6
2
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Project
in
Develop
ment
Study and pursue
decentralized solar
gardes for city
property and low-
income households
Existing-
keep with
modification
s from the
Sustainabilit
y
Commission
Carry over
to 2023
Develop strategies to
increase solar systems
serving city properties
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Project
in
Develop
ment
Investigate a solar
access law
Existing Carry over
to 2023
Investigate a solar
access law
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Project
in
Develop
ment
Explore programs/
grants to help
businesses increase
energy efficiency
Existing Carry over
to 2023
Explore programs/
grants to help
businesses increase
energy efficiency
Pa
g
e
4
3
7
o
f
4
6
2
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Project
in
Develop
ment
Study the feasibility
and cost of emission
free heating and
water heating for all
city-owned properties
Existing-
keep with
modification
s from the
Sustainabilit
y
Commission
Carry over
to 2023
Study the feasibility
and cost of emission
free heating and
water heating using
heat-pump based
systems for all city
owned properties,
including specifically
evaluating the new
state grant programs
for public properties,
as well as new
financial incentives
available through the
Inflation Reduction
Act
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Project
in
Develop
ment
Investigate ways to
help renters benefit
from energy efficiency
upgrades and retrofits
Existing Carry over
to 2023
Investigate ways to
help renters benefit
from energy efficiency
upgrades and retrofits
Pa
g
e
4
3
8
o
f
4
6
2
Sustainabi
lity
Energy Programs,
policies, and
initiatives
designed to
encourage
renewable,
affordable,
and
accessible
energy
Existing
goal
Project
in
Develop
ment
Evaluate current
Ameresco contract for
continued benefit to
the city
Existing Carry over
to 2023
Evaluate current
Ameresco contract for
continued benefit to
the city
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Key
Project
Limit the use of
pesticides in parks
and open spaces
Existing Carry over
to 2023
Limit the use of
pesticides in parks
and open spaces
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Key
Project
Utilize organic
fertilizers on athletic
fields, increase the
use of organic
fertilizer by 20% over
the next five years
Existing Carry over
to 2023
Utilize organic
fertilizers on athletic
fields, increase the
use of organic
fertilizer by 20% over
the next five years
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Key
Project
Conversion of nearly
six acres at Broken
Tee Golf Course from
maintained turf to
native grass areas as
well as in certain
parks
Existing Carry over
to 2023
Conversion of nearly
six acres at Broken
Tee Golf Course from
maintained turf to
native grass areas as
well as in certain
parks Pa
g
e
4
3
9
o
f
4
6
2
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Key
Project
Develop a plan to
increase tree canopy
on city-owned and
private property
Existing Carry over
to 2023
Develop a plan to
increase tree canopy
on city-owned and
private property
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Key
Project
Conduct inventory of
where turf and
asphalt can be
replaced with native
plants
Existing Completed
in 2022
Conduct inventory of
where turf and
asphalt can be
replaced with native
plants
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Metric Score of 75 or higher
for each Englewood
block group on the
tree equity analyzer
Existing Carry over
to 2023
Score of 75 or higher
for each Englewood
block group on the
tree equity analyzer
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Metric Increase green
infrastructure
strategies where
appropriate
Existing Carry over
to 2023
Increase green
infrastructure
strategies where
appropriate
Pa
g
e
4
4
0
o
f
4
6
2
Sustainabi
lity
Natural
Environme
nt
Protection
of our
natural
environmen
t
Existing
goal
Project
in
Develop
ment
Engage the Parks and
Recreation
Commission in
determining whether
to and how to
incorporate more
xeric, native, resilient,
and colorful plants in
medians and in parks
instead of concrete or
turf
Existing Carry over
to 2023
Engage the Parks and
Recreation
Commission in
determining whether
to and how to
incorporate more
xeric, native, resilient,
and colorful plants in
medians and in parks
instead of concrete or
turf
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Key
Project
Continue program,
begun in 2010, to
provide electric golf
carts to golfers at
Broken Tee
Existing Completed
in 2022
Pa
g
e
4
4
1
o
f
4
6
2
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Key
Project
Conduct employee
commuter survey
around how city
employees travel to
and from work
Existing Completed
in 2022
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Metric New miles of non-
motorized trails and
paths
Existing Carry over
to 2023
New miles of non-
motorized trails and
paths
Pa
g
e
4
4
2
o
f
4
6
2
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Project
in
Develop
ment
Investigate the GoEV
city Commitment
Existing Carry over
to 2023
Investigate the GoEV
city Commitment
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Project
in
Develop
ment
Investigate initiating a
city employee "green
commute" program/
providing green
commute incentives
Existing Carry over
to 2023
Investigate initiating a
city employee "green
commute" program/
providing green
commute incentives
Pa
g
e
4
4
3
o
f
4
6
2
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Project
in
Develop
ment
Explore establishment
of a plan to increase
the percentage of
electric vehicles in the
city's fleet
Existing Carry over
to 2023
Explore establishment
of a plan to increase
the percentage of
electric vehicles in the
city's fleet
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Key
Project
Participate in
feasibility and
detailed planning,
involving thie public,
for a greenway
multimodal path
involving Little Dry
Creek through the
downtown area
New (as part
of the
proposals of
the
Sustainabilit
y
Commission
)
New for
2023
Participate in
feasibility and
detailed planning,
involving thie public,
for a greenway
multimodal path
involving Little Dry
Creek through the
downtown area
Pa
g
e
4
4
4
o
f
4
6
2
Sustainabi
lity
Clean and
Connected
Transporta
tion
Increased
access to
multimodal
transportati
on options,
and
ensuring
most needs
are met
within a
travel
distance of
15 minutes
Existing
goal
Project
in
Develop
ment
Study different
options for increasing
alternative
transportation and
micomobility in areas
within Englewood that
are lacking amenities
such as a bus and
train stops to increase
connectedness and
efficiency
New New for
2023
Study different
options for increasing
alternative
transportation and
micromobility in areas
within Englewood that
are lacking amenities
such as a bus and
train stops to increase
connectedness and
efficiency
Sustainabi
lity
Waste and
Recycling
Increase
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Key
Project
Implement a recycling
program at all city
facilities, tracking
tonnage collected
Existing Carry over
to 2023
Implement a recycling
program at all city
facilities, tracking
tonnage collected
Sustainabi
lity
Waste and
Recycling
Increase
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Key
Project
Provide electronic and
hazardous waste
recycling
Existing Carry over
to 2023
Provide electronic and
hazardous waste
recycling
Pa
g
e
4
4
5
o
f
4
6
2
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Key
Project
Increase public
education and
outreach around
waste reduction
Existing Carry over
to 2023
Increase public
education and
outreach around
waste reduction
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Project
in
Develop
ment
Evaluate existing
paper processes to
determine when and
how they can become
paperless
Existing Carry over
to 2023
Evaluate existing
paper processes to
determine when and
how they can become
paperless
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Project
in
Develop
ment
Investigate requiring
commercial and
multifamily buildings
to offer recycling
Existing Carry over
to 2023
Investigate requiring
commercial and
multifamily buildings
to offer recycling
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Project
in
Develop
ment
Investigate a policy for
construction waste
diversion
Existing Carry over
to 2023
Investigate a policy for
construction waste
diversion
Pa
g
e
4
4
6
o
f
4
6
2
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Project
in
Develop
ment
Investigate
composting programs
and communication
strategies
Existing Carry over
to 2023
Investigate
composting programs
and communication
strategies
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Project
in
Develop
ment
Explore a compositing
program at all city
facilities; track
tonnage collected
Existing Carry over
to 2023
Explore a compositing
program at all city
facilities; track
tonnage collected
Sustainabi
lity
Waste and
Recycling
Increased
recycling
and
composting
efforts and
diversion of
waste
Existing
goal
Project
in
Develop
ment
Explore avenues to
dropping off organic
materials
Existing Carry over
to 2023
Explore avenues to
dropping off organic
materials
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Implement park
irrigation system
repair and
replacement
Existing Carry over
to 2023
Implement park
irrigation system
repair and
replacement
Pa
g
e
4
4
7
o
f
4
6
2
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Replace/ repair
irrigation systems in
parks
Existing Carry over
to 2023
Replace/ repair
irrigation systems in
parks
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Hold annual river and
stream cleanup event
Existing Completed
in 2022
(Change to
a metric)
Metric- % increase of
participants in the
annual river and
stream cleanup event
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Complete
construction of Big
Dry Creek Diversion
project
Existing Carry over
to 2023
Complete
construction of Big
Dry Creek Diversion
project
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Complete softening
evaluation
Existing Completed
in 2022
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
Existing
goal
Key
Project
Conduct chemical
oxygen demand
testing, and properly
dispose of COD test
tubes
Existing Remove for
2023
Pa
g
e
4
4
8
o
f
4
6
2
rivers and
streams
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Implement water
conservation program
Existing Carry over
to 2023
Implement water
conservation program
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Undertake a water
usage analysis of city
facilities
Existing Carry over
to 2023
Undertake a water
usage analysis of city
facilities
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Install meters to
eliminate flat rate
accounts
Existing Carry over
to 2023
Install meters to
eliminate flat rate
accounts
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Implement a phased
repair and
replacement schedule
outlined in the master
plan
Existing Carry over
to 2023
Implement a phased
repair and
replacement schedule
outlined in the master
plan
Pa
g
e
4
4
9
o
f
4
6
2
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Complete Allen Water
Treatment Plant
capital improvements
Existing Carry over
to 2023
Complete Allen Water
Treatment Plant
capital improvements
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Initiate the
construction of the
Big Dry Creek
Diversion Project
Existing Remove for
2023-
Similar to
the
"Complete
Big Dry
Creek"
project
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Complete waterline
replacement
Existing Carry over
to 2023
Complete waterline
replacement
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Fully implement new
Utility Billing Software
Existing Carry over
to 2023
Fully implement new
Utility Billing Software
Pa
g
e
4
5
0
o
f
4
6
2
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Key
Project
Include water
sustainability efforts
and initiatives as part
of the Parks Master
Plan
New (as part
of the
proposals of
the
Sustainabilit
y
Commission
)
New for
2023
Include water
sustainability efforts
and initiatives as part
of the Parks Master
Plan
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Metric Disinfection residual Existing Carry over
to 2023
Disinfection residual
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Metric Water loss/
unaccounted for
water
Existing Carry over
to 2023
Water loss/
unaccounted for
water
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Metric Water pressure Existing Carry over
to 2023
Water pressure
Sustainabi
lity
Water
Protection
Protection
of water
resources,
Existing
goal
Metric Waterline break rate Existing Carry over
to 2023
Waterline break rate
Pa
g
e
4
5
1
o
f
4
6
2
including
rivers and
streams
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Metric Sanitary sewer
overflows
Existing Carry over
to 2023
Sanitary sewer
overflows
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Project
in
Develop
ment
Consider xeriscaping
in the public right of
way
Existing Carry over
to 2023
Consider xeriscaping
in the public right of
way
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Project
in
Develop
ment
Evaluate
opportuniteis for
incorporating water
quality improvements
in public
infrastructure projects
Existing Carry over
to 2023-
Move to
Infrastructu
re and
Transportai
ton
Evaluate
opportuniteis for
incorporating water
quality improvements
in public
infrastructure projects
Sustainabi
lity
Water
Protection
Protection
of water
resources,
including
rivers and
streams
Existing
goal
Project
in
Develop
ment
Identify opportunities
for new emergency
interconnections with
Denver Water
Existing Carry over
to 2023-
Move to
Infrastructu
re and
Identify opportunities
for new emergency
interconnections with
Denver Water
Pa
g
e
4
5
2
o
f
4
6
2
Transportai
ton
Pa
g
e
4
5
3
o
f
4
6
2
To: Mayor Sierra and City Council members
From: Sustainability Commission
Date: January 10, 2023
RE: Proposed Suggested Edits and Additions to Council Regarding the Sustainability
Plan
OVERVIEW
The Sustainability Commission (Commission) conducted a detailed review of the Sustainability
Section of the Strategic Plan, including where progress has been made, what improvements could
improve the effectiveness of the plan, and what new items could be included now that some others
have finished. We took into consideration the cost (to the city and residents), the reality that the city
can “only do so much” with existing resources, the best practices from other metro area
communities, and the level of potential impact.
We divided our recommendations by sub-section within the plan, and noted whether suggestions are
clarifications, improvements to existing items, or new additions.
Broad Suggestions:
• Improve: Add specific and measurable goals for each category.
• Create: Sustainability projects and initiatives specific to Pirates Cove.
Built Environment and Infrastructure:
• Clarify: The Built Environment and Infrastructure category and the Energy category seem to
have a lot of overlap, especially regarding energy. One possible solution: anything that has a
direct energy component to be moved to Energy.
• Improve: Change “Improve energy efficiency in the building code” to a more concrete goal,
e.g. “Improve energy efficiency in new construction 10 percent better than the base code.”
• Clarify/Improve: “Explore reducing wait list for residential E3 program by supplementing
CDBG funds with General Fund dollars to the extent allowed by federal guidelines”
o This is duplicated in the Energy Section (“Continue to provide grants to low- and
moderate-income households of up to $8,000 with a homeowner’s match of 20% for
conservation and energy efficiency upgrades, as determined by an energy audit.”
Community Resilience:
• Add: Reduce Heat Island effects through strategies including cool roof requirements for new
commercial buildings and re-roof projects.
o Note: Cool roofs have no impact on first cost or ongoing costs compared to black
roofs, and nearly every major roofing manufacturer and distributor sells both. Denver,
Erie, Lafayette, Boulder, and others already require this.
• Add: Investigate adding an emergency solar electric backup system for either the police
department or city offices.
Economic Resilience
Page 454 of 462
• Clarify: More clearly define the difference between Economic Resilience in the Sustainability
Plan and Economy in the overall Strategic Plan.
Energy
• Edit: “Study and pursue decentralized solar gardens for city property and low-income
households.” The Public Utilities Commission’s rules only allow a limited number of solar
gardens, and they are nearly always full. Additionally, permitting, building, and administering
a solar garden that households subscribe to will take a lot of time, effort, and money.
Consider breaking this into two distinct items:
o 1) “Increase solar systems serving city properties,” and
o 2) “Connect more low-income households with no-cost solar from non-profit
partners.” Installing solar panels on low-income homes directly adds economic value
to those homeowners’ houses, and eventually are totally paid off, whereas solar
gardens always require payment. GridAlternatives specifically has funding to install
no-cost solar on low-income houses. A concerted effort to connect low-income
homeowners to GridAlternatives would be a better use of time and money.
• Improve: “Study the feasibility and cost of emission free heating and water heating using
heat pump-based systems for all city owned properties, including specifically evaluating the
new state grant programs for public properties, as well as new financial incentives available
through the Inflation Reduction Act”
Clean and Connected Transportation:
• Add: “Participate in feasibility and detailed planning, involving the public, for a greenway
multimodal path involving Little Dry Creek through the downtown area.”
o A greenway could become an iconic feature of Englewood – increasing water
percolation, reducing the heat island effect, and encouraging walking and biking.
• Add: “Investigate adding more bike lanes to industrial and warehouse areas, especially
areas near new or potential future multifamily developments.”
• Add: “Study different options for increasing alternative transportation and micromobility in
areas within Englewood that are lacking amenities such as bus and train stops to increase
connectedness and efficiency.”
• Add: “Increase pedestrian and bicyclist safety through improved infrastructure and
amenities (designated bike paths, secured bike lockers, etc.).” This could also be placed
under the Safety category of the strategic plan.
• Add: “Implement a pedestrian and bicyclist safety education campaign for residents.” This
could also be placed under the Safety category of the strategic plan.
Air Quality
• Add: Specific, well-defined projects around indoor air quality. For instance:
o Distribute education around proper ventilation near gas stoves (Note: Natural gas
appliances, especially stoves, are the biggest contributor of indoor air pollution, and
typically emit a level of pollution that would be illegal outdoors. Households with gas
stoves have 42% more childhood asthma as homes with electric stoves.)
Page 455 of 462
o Distribute education about new federal incentives for the purchase of induction
stoves (30% tax credit)
Waste and Recycling
• Ensure code enforcement of unlicensed trash companies through Englewood.
Water Protection
• Reward and/or incentivize city departments that find ways to implement water saving actions.
• Explore ways to increase economic resilience of Englewood water utility while increasing and
encouraging water efficiency.
Conclusion
Thank you for your consideration of the aforementioned suggestions around revisions and additions
to the sustainability plan. The Commission recommends City Council consider adopting these
recommendations at the upcoming January Strategic Plan meeting.
Page 456 of 462
Commission Recommendation Staff Review of Commission Recommendation
Improve: Add specific and
measurable goals for each category.
This is a goal that we wish to strive for, but that will take
time to develop for each category.
Create: Sustainability projects and
initiatives specific to Pirates Cove.
Agree. This was discussed with the Director and Deputy
Director of the Parks, Recreation, Library, and Golf
Department, and plans exist to include this in the Parks
Master Plan.
Clarify: The Built Environment and
Infrastructure category and the
Energy category seem to have a lot
of overlap, especially regarding
energy. One possible solution:
anything that has a direct energy
component to be moved to Energy.
Yes to moving E3 related things to Energy, but the
international energy code concept needs more evaluation
and engagement with the Building Division. For future
years, Council may consider develoing larger, more
encompassing categories like "Energy and the Built
Environments." Other cities seem to be moving in this
direction.
Improve: Change “Improve energy
efficiency in the building code” to a
more concrete goal, e.g. “Improve
energy efficiency in new construction
10 percent better than the base
code.”
Agree. Reviewed with the Building Division, and we
support a target of 9% which is more feasible and inline
with similar efforts in other communities utilities the
International Energy Conservation Code (IECC).
Clarify/Improve: “Explore reducing
wait list for residential E3 program by
supplementing CDBG funds with
General Fund dollars to the extent
allowed by federal guidelines”
Agree that either that project or "Continue to provide
grants to low- and moderate-income households of up to
$8,000 with a homeowner’s
match of 20% for conservation and energy efficiency
upgrades, as determined by an energy audit" should be
removed because they are similar
Add: Reduce Heat Island effects
through strategies including cool roof
requirements for new commercial
buildings and re-roof projects.
I agree with this with modifications. Denver has a cool roof
code for new builds over 25,000 sq feet. I think that would
be the direction to go, instead of just a flat out mandate
across the board.
Add: Investigate adding an
emergency solar electric backup
system for either the police
department or city offices.
Feedback from John Peavler, Facilities Manager in the
Public Works Department: "While the proposed system is
wonderful and could be applied into a small residential
dwelling, the setup mentioned below is not feasible for
commercial buildings. There are two things here that make
this unrealistic with current technology: 1. Solar panel
quantity and space to install and 2. Battery capacity and
significant space for them. If we could properly store the
energy within efficient lithium batteries, and have a
separate building for battery storage, the degradation of
these and their components while waiting for an
emergency would not provide safe and reliable emergency
power when required."
Page 457 of 462
Clarify: More clearly define the
difference between Economic
Resilience in the Sustainability Plan
and Economy in the overall Strategic
Plan.
Agree, somewhat. I think it is clearly defined in the plan,
but more projects may be added. I am recommending
adding a project this year to strategize on development of a
green business program, as well as one to assist businesses
with state mandated legislation such as the plastic bag ban
and pending Styrofoam ban
Edit: “Study and pursue decentralized
solar gardens for city property and
low-income households.” to 1)
“Increase solar systems serving city
properties,” and
o 2) “Connect more low-income
households with no-cost solar from
non-profit partners.”Agree. Would need to create a target for solar systems.
Improve: “Study the feasibility and
cost of emission free heating and
water heating using heat pump-
based systems for all city owned
properties, including specifically
evaluating the new state grant
programs for public properties, as
well as new financial incentives
available through the Inflation
Reduction Act”Agree
Add: “Participate in feasibility and
detailed planning, involving the
public, for a greenway multimodal
path involving Little Dry Creek
through the downtown area.”Agree
• Add: “Investigate adding more bike
lanes to industrial and warehouse
areas, especially areas near new or
potential future multifamily
developments.”Agree
• Add: “Study different options for
increasing alternative transportation
and micromobility in areas within
Englewood that are lacking amenities
such as bus and train stops to
increase connectedness and
efficiency.”Agree
Page 458 of 462
• Add: “Increase pedestrian and
bicyclist safety through improved
infrastructure and amenities
(designated bike paths, secured bike
lockers, etc.).” This could also be
placed under the Safety category of
the strategic plan.
Agree, but this concept is already covered in the
"Transportation Safety" goal located in the Infrastructure
and Transportation outcome area of the strategic plan.
• Add: “Implement a pedestrian and
bicyclist safety education campaign
for residents.” This could also be
placed under the Safety category of
the strategic plan.
Agree, but this concept is already covered in the
"Transportation Safety" goal located in the Infrastructure
and Transportation outcome area of the strategic plan.
Add: Specific, well-defined projects
around indoor air quality.Agree
Ensure code enforcement of
unlicensed trash companies through
Englewood.
Edit from Dave Lewis: “Ensure that trash haulers are
abiding by Englewood Municipal Code and licensing
requirements.” How this is reported on will be by
“Complaints generated to licensing and code
enforcement.”
Reward and/or incentivize city
departments that find ways to
implement water saving actions.
Agree, but staff will need to determine who will be
responsible for overseeing and coordinating this program.
Explore ways to increase economic
resilience of Englewood water utility
while increasing and encouraging
water efficiency.Agree
Page 459 of 462
Notes
Source:
https://www.denverpost.com/2018/10/29/cool-roofs-
replace-green-roofs-denver-
council/#:~:text=Under%20the%20new%20law%2C%2
0the,by%20several%20degrees%2C%20researchers%2
0said.
Maybe this can be something that comes out of the
energy audit is further feasibility, but I'd be
comfortable with sticking with our one goal of just
increasing solar for the buildings in general.
Page 460 of 462
Suggestion 1) Move "Explore programs/grants to help
businesses increase energy efficiency" (this could
belong in energy, but can help fill this section out
more). Suggestion 2) add project like "Assisting
business with state mandated legislation such as the
plastic bag ban and the Styrofoam ban in 2024. " or
"Create a green business program."
Would need target for solar systems (hoping energy
audit will help with a bold yet achievable goal for this)
The only thing they added to this project was the
underlined part, i.e., to utilize grants. So not a big
change there. I brought up this project to the potential
ESCO for the energy audit. Hopefully they'll conduct
this feasibility for us on our behalf.
John Vobroil made it seem like city council is aware of
this already, and more detail will come out early March
according to Hilarie.
What would the target be here? Would want to talk
with Community Development on 1) where we are
currently and 2) possibilities of expansion, especially
from now to 2025
Page 461 of 462
I just don't want the sustainabilty plan to become
absurdly larger than the other sections of the strategic
plan, only because Ward flagged that as something in a
city council meeting awhile back
But what is the deadline for deciding what these
projects specifically are, considering this plan is for
2025.
Page 462 of 462